S.C. Code Ann. § 1-11-140 — SC Code / Title 1 / Chapter 11 / Article 1 / Section 1-11-140
SECTION 1-11-140. Authorization of Fiscal Accountability Authority, through the Office of Insurance Reserve Fund, to provide insurance.
Status: in_force

(A) The State Fiscal Accountability Authority, through the Insurance Reserve Fund, is authorized to provide insurance for the State, its departments, agencies, institutions, commissions, boards, and the personnel employed by the State in its departments, agencies, institutions, commissions, and boards so as to protect the State against tort liability and to protect these personnel against tort liability arising in the course of their employment. The insurance also may be provided for physicians or dentists employed by the State, its departments, agencies, institutions, commissions, or boards against any tort liability arising out of the rendering of any professional services as a physician or dentist for which no fee is charged or professional services rendered of any type whatsoever so long as any fees received are directly payable to the employer of a covered physician or dentist, or to any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State; provided, any insurance coverage provided by the authority may be on the basis of claims made or upon occurrences. The insurance also may be provided for students of high schools, South Carolina Technical Schools, or state-supported colleges and universities while these students are engaged in work study, distributive education, or apprentice programs on the premises of private companies. Premiums for the insurance must be paid from appropriations to or funds collected by the various entities, except that in the case of the above-referenced students in which case the premiums must be paid from fees paid by students participating in these training programs. The authority has the exclusive control over the investigation, settlement, and defense of claims against the various entities and personnel for whom it provided insurance coverage and may promulgate regulations in connection therewith. (B) Any political subdivision of the State including, without limitations, municipalities, counties, and school districts, may procure the insurance for itself and for its employees in the same manner provided for the procurement of this insurance for the State, its entities, and its employees, or in a manner provided by Section 15-78-140. (C) The procurement of tort liability insurance in the manner provided is the exclusive means for the procurement of this insurance. (D) The authority, through the Insurance Reserve Fund, also is authorized to offer insurance to governmental hospitals and any subsidiary of or other entity affiliated with the hospital currently existing or as may be established; and chartered, nonprofit, eleemosynary hospitals and any subsidiary of or other entity affiliated with the hospital currently existing or as may be established in this State so as to protect these hospitals against tort liability. Notwithstanding any other provision of this section, the procurement of tort liability insurance by a hospital and any subsidiary of or other entity affiliated with the hospital currently existing or as may be established supported wholly or partially by public funds contributed by the State or any of its political subdivisions in the manner herein provided is not the exclusive means by which the hospital may procure tort liability insurance. (E) The authority, through the Insurance Reserve Fund, is authorized to provide insurance for duly appointed members of the boards and employees of health system agencies, and for members of the State Health Coordinating Council which are created pursuant to Public Law 93-641. (F) The authority, through the Insurance Reserve Fund, is further authorized to provide insurance as prescribed in Sections 10-7-10 through 10-7-40, 59-67-710, and 59-67-790. (G) Documentary or other material prepared by or for the Insurance Reserve Fund in providing any insurance coverage authorized by this section or any other provision of law which is contained in any claim file is subject to disclosure to the extent required by the Freedom of Information Act only after the claim is settled or finally concluded by a court of competent jurisdiction. (H) The authority, through the Insurance Reserve Fund, is further authorized to provide insurance for state constables, including volunteer state constables, to protect these personnel against tort liability arising in the course of their employment, whether or not for compensation, while serving in a law enforcement capacity. Editor's Note 2014 Act No. 121, SECTION 19.A, provides as follows: "SECTION 19.A. (1) The Insurance Reserve Fund is transferred to the State Fiscal Accountability Authority on July 1, 2015, as a division of the authority. "(2) The Insurance Reserve Fund, transferred to the authority, shall administer and perform all administrative and operational functions of the Office of Insurance Services, including the Insurance Reserve Fund, except that the Attorney General of this State must continue to approve the attorneys-at-law retained to represent the clients of the Insurance Reserve Fund in the manner provided by law." Effect of Amendment 2014 Act No. 121, SECTION 19.B, substituted "authority" for "board" throughout; in subsection (A), substituted "The State Fiscal Accountability Authority, through the Insurance Reserve Fund" for "The State Budget and Control Board, through the Office of Insurance Services" in the first sentence, and substituted "authority" for "Budget and Control Board" in the second sentence; in subsection (B), added the reference to Section 15-78-140; in subsections (D), (E), (F), substituted "The authority, through the Insurance Reserve Fund" for "The State Budget and Control Board, through the Office of Insurance Services"; in subsection (G), substituted "Insurance Reserve Fund" for "Office of Insurance Services"; and in subsection (H), substituted "The authority, through the Insurance Reserve Fund" for "The board, through the Office of Insurance Services".
S.C. Code Ann. § 1-1-30 — SC Code / Title 1 / Chapter 1 / Article 1 / Section 1-1-30
SECTION 1-1-30. Daylight saving time observation.
Status: in_force

If the United States Congress amends 15 U.S.C. Section 260a to authorize states to observe daylight saving time year round, it is the intent of the South Carolina General Assembly that daylight saving time be the year-round standard of the entire State and all of its political subdivisions.
S.C. Code Ann. § 1-15-40 — SC Code / Title 1 / Chapter 15 / Section 1-15-40
SECTION 1-15-40. Duties.
Status: in_force

(1) The commission shall study the status of women and make periodic reports to the Governor with its recommendations concerning the following areas: (a) Education needs and education opportunities pertaining to women. (b) Social insurance and tax laws as they affect the net earnings and other income of women. (c) Federal and state labor laws dealing with such matters as hours, night work and wages to determine whether they are accomplishing the purposes for which they were established and whether they should be adapted to changing technological, economic and social conditions. (d) Differences in legal treatment of men and women in regard to political and civil rights, property rights, and family relations. (e) New and expanded services that may be required for women as wives and mothers, and workers, including education, counseling, training, home services, and arrangements for care of children during the working day. (f) The employment policies and practices of the State of South Carolina with reference to additional affirmative steps which should be taken through legislation, executive or administrative action to assure nondiscrimination on the basis of sex and to enhance constructive employment opportunities for women. (g) At appropriate intervals of five or more years, an updated report shall be issued by the commission. (2) The commission shall also be empowered to: (a) Receive and disburse state and federal grants for furtherance of the commission's objectives. (b) Disseminate pertinent material relating to the rights, responsibilities and status of women.
S.C. Code Ann. § 1-11-703 — SC Code / Title 1 / Chapter 11 / Article 5 / Section 1-11-703
SECTION 1-11-703. Definitions.
Status: in_force

As used in this article: (1) "Actuarial accrued liability" means that portion, as determined by a particular actuarial cost method, of the actuarial present value of fund obligations and administrative expenses which is not provided for by future normal costs. (2) "Actuarial assumptions" means assumptions regarding the occurrence of future events affecting costs of the SCRHI Trust Fund or LTDI Trust Fund such as mortality, withdrawal, disability, and retirement; changes in compensation; aging effects and cost trends for post-employment benefits; benefit election rates; rates of investment earnings and asset appreciation or depreciation; procedures used to determine the actuarial value of assets; and other such relevant items. (3) "Actuarial cost method" means a method for determining the actuarial present value of the obligations and administrative expenses of the SCRHI Trust Fund or LTDI Trust Fund and for developing an actuarially equivalent allocation of such value to time periods, usually in the form of a normal cost and an actuarial-accrued liability. Acceptable actuarial methods are the aggregate, attained age, individual entry age, frozen attained age, frozen entry age, and projected unit credit methods. (4) "Actuarial present value of total projected benefits" means the present value, at the valuation date, of the cost to finance benefits payable in the future, discounted to reflect the expected effects of the time value of money and the probability of payment. (5) "Actuarial valuation" means the determination, as of a valuation date, of the normal cost, actuarial accrued liability, actuarial value of assets, and related actuarial present values for the SCRHI Trust Fund or LTDI Trust Fund. (6) "Actuarially sound" means that calculated contributions to the SCRHI Trust Fund or LTDI Trust Fund are sufficient to pay the full actuarial cost of these trust funds. The full actuarial cost includes both the normal cost of providing for fund obligations as they accrue in the future and the cost of amortizing the unfunded actuarial accrued liability over a period of no more than thirty years. (7) "Administrative expenses" means all expenses incurred in the operation of the SCRHI Trust Fund and LTDI Trust Fund, including all investment expenses. (8) "LTDI Trust Fund" means the Long Term Disability Insurance Trust Fund established pursuant to Section 1-11-707 to fund benefits under the state's Basic Long Term Disability (BLTD) Income Benefit Plan. (9) "Board" means the Board of Directors of the South Carolina Public Employee Benefit Authority. (10) "Employee insurance program" or "EIP" means the office of the South Carolina Public Employee Benefit Authority designated by the board to operate insurance programs pursuant to this article. (11) "IBNR" means unpaid health claims incurred but not reported. The liability for IBNR claims is actuarially estimated based on the most current historical claims experience of previous payments, inflation, award trends, and estimates of health care trend changes. (12) "Operating account" means the health insurance program's business operating activities account maintained by the State Treasurer in which are deposited all premiums for enrollees in self-funded health plans authorized in this article, along with employer contributions for active employees covered by such self-funded health plans, and from which claims and administrative expenses of the self-funded health and dental plans administered by the employee insurance program are paid. (13) "State-covered entity" means state agencies and institutions, however described, and school districts. It also includes political subdivisions of the State that participate in the state health and dental plans. (14) "State health and dental plans" means any insurance program administered by the employee insurance program pursuant to this article. (15) "SCRHI Trust Fund" means the South Carolina Retiree Health Insurance Trust Fund established pursuant to Section 1-11-705 to fund the employer cost for health benefits for retired state employees and retired public school district employees. (16) "State Retirement System" or "State Retirement Systems" means all retirement systems established pursuant to Title 9 except for the National Guard Retirement System. (17) "Unfunded actuarial accrued liability" means for any actuarial valuation the excess of the actuarial accrued liability over the actuarial value of the assets of the fund under an actuarial cost method utilized by the fund for funding purposes. (18) "Trust fund paid premiums" means the employer premium for state health and dental plans coverage paid by the SCRHI Trust Fund on behalf of a retiree. When it is expressed as a percentage of trust fund paid premiums, it means that the SCRHI Trust Fund shall pay the stated percentage of the employer premiums, with the retiree paying the balance of the employer premiums and the entire employee premium. Editor's Note 2008 Act No. 195, SECTION 8, provides as follows: "This act takes effect on the first day of the month following the month during which this act is approved by the Governor [approved April 2, 2008]." 2012 Act No. 278, Pt IV, Subpt 3, SECTION 65(C), provides as follows: "(C) The Code Commissioner is directed to change or correct all references to the Employee Insurance Program, the Retirement Division, and the Deferred Compensation Commission to reflect its transfer to the South Carolina Public Employee Benefit Authority. References to the name of the Employee Insurance Program, the Retirement Division, and the Deferred Compensation Commission in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate references." Effect of Amendment The 2012 amendment substituted "Board of Directors of the South Carolina Public Employee Benefit Authority" for "State Budget and Control Board" in subsection (9); and substituted "South Carolina Public Employee Benefit Authority" for "board" in subsection (10).
S.C. Code Ann. § 1-3-10 — SC Code / Title 1 / Chapter 3 / Article 1 / Section 1-3-10
SECTION 1-3-10. Departments, agencies and the like shall furnish information requested by Governor.
Status: in_force

The departments, bureaus, divisions, officers, boards, commissions, institutions and other agencies or undertakings of the State, upon request, shall immediately furnish to the Governor, in such form as he may require, any information desired by him in relation to their respective affairs or activities.
S.C. Code Ann. § 1-21-30 — SC Code / Title 1 / Chapter 21 / Section 1-21-30
SECTION 1-21-30. Record; annual report.
Status: in_force

The Board shall keep a record of all its transactions and shall at each regular session of the legislature in each year, and may at any other time, make a report of its doings and of its recommendations to the General Assembly.
S.C. Code Ann. § 1-9-20 — SC Code / Title 1 / Chapter 9 / Article 1 / Section 1-9-20
SECTION 1-9-20. Definitions.
Status: in_force

Unless otherwise clearly required by the context, as used in this article: (a) "Unavailable" means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office. (b) "Emergency interim successor" means a person designated pursuant to this article, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the Constitution, statutes, charters and ordinances or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office. (c) "Office" includes all State and local offices, the powers and duties of which are defined by the Constitution, statutes, charters, and ordinances, except the office of Governor, and except those in the General Assembly and the judiciary. (d) "Attack" means any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or processes. (e) "Political subdivision" includes counties, cities, towns, villages, townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law.
S.C. Code Ann. § 1-7-160 — SC Code / Title 1 / Chapter 7 / Article 1 / Section 1-7-160
SECTION 1-7-160. Hiring of attorneys.
Status: in_force

A department or agency of state government may not hire a classified or temporary attorney as an employee except upon the written approval of the Attorney General and at compensation approved by him. All of these attorneys at all times are under the supervision and control of the Attorney General except as otherwise provided by law unless prior approval by the State Budget and Control Board is obtained. This section does not apply to an attorney hired by the General Assembly or the Judicial department. Code Commissioner's Note At the direction of the Code Commissioner, reference in this section to the former Budget and Control Board has not been changed pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), until further action by the General Assembly.
S.C. Code Ann. § 1-32-50 — SC Code / Title 1 / Chapter 32 / Section 1-32-50
SECTION 1-32-50. Burden on exercise of religion a claim or defense; attorney's fees.
Status: in_force

If a person's exercise of religion has been burdened in violation of this chapter, the person may assert the violation as a claim or defense in a judicial proceeding. If the person prevails in such a proceeding, the court shall award attorney's fees and costs.
S.C. Code Ann. § 1-1-120 — SC Code / Title 1 / Chapter 1 / Article 3 / Section 1-1-120
SECTION 1-1-120. Vacancies in executive department.
Status: in_force

In case any vacancy shall occur in the office of Secretary of State, State Treasurer, Comptroller General, Attorney General or Adjutant General, such vacancy shall be filled by election by the General Assembly, a majority of the votes cast being necessary to a choice. If such vacancy occur during the recess of the General Assembly, the Governor shall fill the vacancy by appointment until an election by the General Assembly at the session next ensuing such vacancy.
S.C. Code Ann. § 1-23-580 — SC Code / Title 1 / Chapter 23 / Article 5 / Section 1-23-580
SECTION 1-23-580. Clerk of division; assistants to administrative law judges; other staff.
Status: in_force

(A) A clerk of the division, to be appointed by the chief judge, must be appointed and is responsible for the custody and keeping of the records of the division. The clerk of the division shall perform those other duties as the chief judge may prescribe. (B) Each administrative law judge may appoint, hire, contract, and supervise an administrative assistant as individually allotted and authorized in the annual general appropriations act. (C) The other support staff of the division is as authorized by the General Assembly in the annual general appropriations act and shall be hired, contracted, and supervised by the chief judge. The division may engage stenographers for the transcribing of the proceedings in which an administrative law judge presides. It may contract for these stenographic functions, or it may use stenographers provided by the agency or commission.
S.C. Code Ann. § 1-23-115 — SC Code / Title 1 / Chapter 23 / Article 1 / Section 1-23-115
SECTION 1-23-115. Regulations requiring assessment reports; report contents; exceptions; preliminary assessment reports.
Status: in_force

(A) Upon written request by two members of the General Assembly, made before submission of a promulgated regulation to the General Assembly for legislative review, a regulation that has a substantial economic impact must have an assessment report prepared pursuant to this section and in accordance with the procedures contained in this article. In addition to any other method as may be provided by the General Assembly, the legislative committee to which the promulgated regulation has been referred, by majority vote, may send a written notification to the promulgating agency informing the agency that the committee cannot approve the promulgated regulation unless an assessment report is prepared and provided to the committee. The written notification tolls the running of the one-hundred-ten-day legislative review period, and the period does not begin to run again until an assessment report prepared in accordance with this article is submitted to the committee. Upon receipt of the assessment report, additional days must be added to the days remaining in the one-hundred-ten-day review period, if less than twenty days, to equal twenty days. A copy of the assessment report must be provided to each member of the committee. (B) A state agency must submit to the Office of Research and Statistics of Revenue and Fiscal Affairs Office, a preliminary assessment report on regulations which have a substantial economic impact. Upon receiving this report the office may require additional information from the promulgating agency, other state agencies, or other sources. A state agency shall cooperate and provide information to the office on requests made pursuant to this section. The office shall prepare and publish a final assessment report within sixty days after the public hearing held pursuant to Section 1-23-110. The office shall forward the final assessment report and a summary of the final report to the promulgating agency. (C) The preliminary and final assessment reports required by this section must disclose the effects of the proposed regulation on the public health and environmental welfare of the community and State and the effects of the economic activities arising out of the proposed regulation. Both the preliminary and final reports required by this section may include: (1) a description of the regulation, the purpose of the regulation, the legal authority for the regulation, and the plan for implementing the regulation; (2) a determination of the need for and reasonableness of the regulation as determined by the agency based on an analysis of the factors listed in this subsection and the expected benefit of the regulation; (3) a determination of the costs and benefits associated with the regulation and an explanation of why the regulation is considered to be the most cost-effective, efficient, and feasible means for allocating public and private resources and for achieving the stated purpose; (4) the effect of the regulation on competition; (5) the effect of the regulation on the cost of living and doing business in the geographical area in which the regulation would be implemented; (6) the effect of the regulation on employment in the geographical area in which the regulation would be implemented; (7) the source of revenue to be used for implementing and enforcing the regulation; (8) a conclusion on the short-term and long-term economic impact upon all persons substantially affected by the regulation, including an analysis containing a description of which persons will bear the costs of the regulation and which persons will benefit directly and indirectly from the regulation; (9) the uncertainties associated with the estimation of particular benefits and burdens and the difficulties involved in the comparison of qualitatively and quantitatively dissimilar benefits and burdens. A determination of the need for the regulation shall consider qualitative and quantitative benefits and burdens; (10) the effect of the regulation on the environment and public health; (11) the detrimental effect on the environment and public health if the regulation is not implemented. An assessment report must not consider benefits or burdens on out-of-state political bodies or businesses. The assessment of benefits and burdens which cannot be precisely quantified may be expressed in qualitative terms. This subsection must not be interpreted to require numerically precise cost-benefit analysis. At no time is an agency required to include items (4) through (8) in a preliminary assessment report or statement of the need and reasonableness; however, these items may be included in the final assessment report prepared by the office. (D) If information required to be included in the assessment report materially changes at any time before the regulation is approved or disapproved by the General Assembly, the agency must submit the corrected information to the office which must forward a revised assessment report to the Legislative Council for submission to the committees to which the regulation was referred during General Assembly review. (E) An assessment report is not required on: (1) regulations specifically exempt from General Assembly review by Section 1-23-120; however, if any portion of a regulation promulgated to maintain compliance with federal law is more stringent than federal law, then that portion is not exempt from this section; (2) emergency regulations filed in accordance with Section 1-23-130; however, before an emergency regulation may be refiled pursuant to Section 1-23-130, an assessment report must be prepared in accordance with this section; (3) regulations which control the hunting or taking of wildlife including fish or setting times, methods, or conditions under which wildlife may be taken, hunted, or caught by the public, or opening public lands for hunting and fishing. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1). Editor's Note 2025 Act No. 13, SECTION 6, provides as follows: "The provisions of Chapter 23, Title 1, as amended by this act, are applicable to regulations filed with the President of the Senate and Speaker of the House of Representatives on and after January 14, 2025." Effect of Amendment 2025 Act No. 13, SECTION 1, in (A), in the third and fourth sentences, substituted "one-hundred-ten-day" for "one hundred-twenty-day".
S.C. Code Ann. § 1-1-635 — SC Code / Title 1 / Chapter 1 / Article 9 / Section 1-1-635
SECTION 1-1-635. Official State wild game bird.
Status: in_force

The South Carolina Wild Turkey (Meleagris Gallopavo) is the official wild game bird of the State.
S.C. Code Ann. § 1-25-70 — SC Code / Title 1 / Chapter 25 / Section 1-25-70
SECTION 1-25-70. Power of Project Managing Agency to Contract; effect of such power.
Status: in_force

(A) Each Project Managing Agency shall be vested, for the purposes of this chapter with the power to contract with any agency, firm or person, public or private, including local entities of government, for the delivery of goods, leases and services necessary to effectuate the objectives of this section. (B) Pursuant to the authority granted in this section, each Project Managing Agency shall develop a system of integrated delivery of human services at the site wherein it sits, including those human services presently delivered by the enumerated agencies and any and all other human services the Project Managing Agency shall deem proper to effectuate the objectives of this chapter. Such services shall include, but not be limited to, the following: (1) Income maintenance (2) Employment (3) Primary health care (4) Shelter (5) Transportation (6) Food (7) Knowledge and skills (8) Individual and collective safety (9) Social functioning (10) Access to institutional care (C) Each Project Managing Agency is hereby empowered with the authority to promulgate regulations necessary and proper to effectuate the provisions of this section at the site wherein it sits. (D) Pursuant to the authority granted in this subsection and subsections V and VI, each Project Managing Agency shall direct the implementation of the Integrated Service Delivery System, as provided for in item (B) of this subsection. Such implementation shall be coordinated through the office of the site manager, as provided for in subsection VI (F) (2) of this section, who shall receive the full cooperation of the state and local offices of the enumerated agencies. Under the direction of the appropriate Project Managing Agency and pursuant to his authority as program manager for all of the designated human service programs at the site, the site manager shall: (1) Be given total and unfettered access to the records and files of each of the enumerated agencies. Notwithstanding the above, nothing in this chapter shall be construed so as to empower the site manager, or any other state employee or agency, to violate any provision of any federal or state statute, rule or regulation governing the privacy of human service client. (2) Be empowered to administer the spending or use of the appropriations, funds, grants and any and all other monies designated, set aside or otherwise made available to the enumerated agencies for the delivery of human services at the designated project site. Such funds shall include, but not be limited to, the following: (a) All federal, state, local and other administrative and operational funds, not to include local funds. (b) All federal, state, local and other funds, not to include local funds, designated or otherwise made available to the enumerated agencies for the delivery of human services at the designated project site. (3) Be empowered to direct the personnel on the payroll of or otherwise employed or utilized by the enumerated state agencies for the purpose of the delivery of the human services at the project site. These employees, agents, contractors, volunteers or persons otherwise rendering service to the enumerated agencies shall include, but not be limited to, all administrative, professional, clerical and stenographic staff that are involved in the delivery of the enumerated human services at the project site. (E) As soon as is practicable after the effective date of this chapter, the State Reorganization Commission shall, in consultation with the Interagency Committees described in subsection SECTION 1-25-60, the Budget and Control Board and any other parties that are necessary and helpful, promulgate a project evaluation plan. Such plan shall address at minimum the following issues: (1) Determination of the current level and effectiveness of preproject service programs. (2) Setting of program goals for each service program. (3) Monitoring of progress towards such goals. (4) Reporting on the activity and success of the project and the recommendation of appropriate amendments to the project plan. (5) Recommendation of appropriate changes in the project plan for possible implementation in new areas. (6) Evaluating and reporting client satisfaction before, during and after the implementation of the project plan. Code Commissioner's Note At the direction of the Code Commissioner, reference in this section to the former Budget and Control Board has not been changed pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), until further action by the General Assembly.
S.C. Code Ann. § 1-23-680 — SC Code / Title 1 / Chapter 23 / Article 5 / Section 1-23-680
SECTION 1-23-680. Cost of South Carolina Code, supplements, and replacement volumes.
Status: in_force

The South Carolina Administrative Law Court is not required to reimburse the South Carolina Legislative Council for the cost of the Code of Laws, code supplements, or code replacement volumes distributed to the court.
S.C. Code Ann. § 1-11-310 — SC Code / Title 1 / Chapter 11 / Article 1 / Section 1-11-310
SECTION 1-11-310. Division of General Services, Program of Fleet Management; acquisition and disposition of vehicles; titles.
Status: in_force

(A) The Department of Administration shall purchase, acquire, transfer, replace, and dispose of all motor vehicles on the basis of maximum cost-effectiveness and lowest anticipated total life cycle costs. (B) The standard state fleet sedan or station wagon must be no larger than a compact model and the special state fleet sedan or station wagon must be no larger than an intermediate model. The State Fleet Manager shall determine the types of vehicles which fit into these classes. Only these classes of sedans and station wagons may be purchased by the State for nonlaw enforcement use. (C) The State shall purchase police sedans only for the use of law enforcement officers, as defined by the Internal Revenue Code. Purchase of a vehicle under this subsection must be concurred in by the State Fleet Manager and must be in accordance with regulations promulgated or procedures adopted under Sections 1-11-220 through 1-11-340 which must take into consideration the agency's mission, the intended use of the vehicle, and the officer's duties. Law enforcement agency vehicles used by employees whose job functions do not meet the Internal Revenue Service definition of "Law Enforcement Officer" must be standard or special state fleet sedans. (D) All state motor vehicles must be titled to the State and must be received by and remain in the possession of the Program of Fleet Management pending sale or disposal of the vehicle. (E) Titles to school buses and service vehicles operated by the State Department of Education and vehicles operated by the South Carolina Department of Transportation must be retained by those agencies. (F) Exceptions to requirements in subsections (B) and (C) must be approved by the State Fleet Manager. Requirements in subsection (B) do not apply to the Department of Commerce. (G) Preference in purchasing state motor vehicles must be given to vehicles assembled in the United States with at least seventy-five percent domestic content as determined by the appropriate federal agency. (H) Preference in purchasing state motor vehicles must be given to hybrid, plug-in hybrid, biodiesel, hydrogen, fuel cell, or flex-fuel vehicles when the performance, quality, and anticipated life cycle costs are comparable to other available motor vehicles. Effect of Amendment The 2008 amendment added item (H) relating to purchase of low emission motor vehicles by the State. 2014 Act No. 121, SECTION 7.E.3, in subsection (A), substituted "Department of Administration" for "State Budget and Control Board"; in subsections (B) and (C), substituted "State Fleet Manager" for "director of the Division of Motor Vehicle Management"; in subsection (D), substituted "Program of Fleet Management" for "Division of Motor Vehicle Management"; and in subsection (F), substituted "State Fleet Manager" for "director of the Division of Motor Vehicle Management" and substituted "Department of Commerce" for "State Development Board".
S.C. Code Ann. § 1-1-661 — SC Code / Title 1 / Chapter 1 / Article 9 / Section 1-1-661
SECTION 1-1-661. Official State carnivorous plant.
Status: in_force

The Venus flytrap (Dionaea Muscipula) is the official carnivorous plant of the State. Editor's Note 2023 Act No. 11, preamble, provides as follows: "Whereas, the Venus flytrap is a small flowering perennial plant that grows in boggy areas of the Southeastern United States; and "Whereas, the Venus flytrap is one of the most internationally recognized carnivorous plants, characterized by leaves with hinged lobes that spring shut when stimulated by insects and is dependent on a fire-maintained landscape; and "Whereas, the Venus flytrap is federally designated as an At-Risk Species and the State of South Carolina is just one of two places in the world where the Venus flytrap is native; and "Whereas, the Venus flytrap is considered globally imperiled and Horry County is known to have the only remaining population of the Venus flytrap in the State of South Carolina. Now, therefore, [text of Act]."
S.C. Code Ann. § 1-1-1210 — SC Code / Title 1 / Chapter 1 / Article 19 / Section 1-1-1210
SECTION 1-1-1210. Annual salaries of certain state officers.
Status: in_force

Section effective until the approval and ratification of an amendment to Section 7, Article VI of the South Carolina Constitution. The referendum to amend Section 7, Article VI failed on November 6, 2018. (A) The annual salaries of the state officers listed below are: (B) These salaries must be increased by two percent on July 1, 1991, and on July first of each succeeding year through July 1, 1994. (C) A state officer whose salary is provided in this section may not receive compensation for ex officio service on any state board, committee, or commission. (D) Beginning with Fiscal Year 2022—2023, and beginning when the state officer's term commences and lasting until the term concludes, with the exception of the Governor and Lieutenant Governor, salaries for the state officers listed in subsection (A) must be based on recommendations by the Agency Head Salary Commission to the General Assembly as provided in Sections 8-11-160 and 8-11-165. Effect of Amendment 2021 Act No. 76, SECTION 1, inserted the (A), (B), and (C) designators, and added (D).Section effective upon the approval and ratification of an amendment to Section 7, Article VI of the South Carolina Constitution. The referendum to amend Section 7, Article VI failed on November 6, 2018. See Editor's Note. (A) The annual salaries of the state officers listed below are: (B) These salaries must be increased by two percent on July 1, 1991, and on July first of each succeeding year through July 1, 1994. (C) A state officer whose salary is provided in this section may not receive compensation for ex officio service on any state board, committee, or commission. (D) Beginning with Fiscal Year 2022—2023, and beginning when the state officer's term commences and lasting until the term concludes, with the exception of the Governor and Lieutenant Governor, salaries for the state officers listed in subsection (A) must be based on recommendations by the Agency Head Salary Commission to the General Assembly as provided in Sections 8-11-160 and 8-11-165. Editor's Note 2018 Act No. 178, SECTIONS 4 and 6, provide as follows: "SECTION 4. The person elected State Superintendent of Education in the 2018 General Election shall serve out his term; however, if the person vacates that office before the term expires in January 2023, any successors must: (1) be appointed as provided in Section 1-30-10(B)(1)(iv); and (2) must satisfy the experience requirements of Section 59-3-10(B)." "SECTION 6. The provisions of Section 59-3-10(B), as contained in SECTION 1, take effect upon approval by the Governor. The remaining provisions of this act take effect upon approval and ratification of an amendment to Section 7, Article VI of the South Carolina Constitution, 1895, providing for the appointment of the State Superintendent of Education by the Governor, with the advice and consent of the Senate, and are applicable beginning with the 2018 General Election." The referendum to amend Article VI, Section 7 failed on November 6, 2018. Effect of Amendment 2018 Act No. 178, SECTION 3, deleted the State Superintendent of Education from the list of salaries of specific state officers. 2021 Act No. 76, SECTION 1, inserted the (A), (B), and (C) designators, and added (D).
S.C. Code Ann. § 1-11-250 — SC Code / Title 1 / Chapter 11 / Article 1 / Section 1-11-250
SECTION 1-11-250. Division of General Services, Program of Fleet Management; definitions.
Status: in_force

For purposes of Sections 1-11-220 to 1-11-330: (a) "State agency" means all officers, departments, boards, commissions, institutions, universities, colleges, and all persons and administrative units of state government that operate motor vehicles purchased, leased, or otherwise held with the use of state funds, pursuant to an appropriation, grant or encumbrance of state funds, or operated pursuant to authority granted by the State. (b) "Department" means the South Carolina Department of Administration. Effect of Amendment 2014 Act No. 121, SECTION 7.E.3, rewrote subsection (b), substituting "Department" for "Board, and substituted "Department of Administration" for "State Budget and Control Board".
S.C. Code Ann. § 1-30-55 — SC Code / Title 1 / Chapter 30 / Section 1-30-55
SECTION 1-30-55. Department of Insurance.
Status: in_force

Effective on July 1, 1995, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Insurance: Department of Insurance, formerly provided for at Section 38-3-10, et seq.
S.C. Code Ann. § 1-11-160 — SC Code / Title 1 / Chapter 11 / Article 1 / Section 1-11-160
SECTION 1-11-160. Execution by General Services Division of certificates of exemption from taxation on behalf of political subdivisions.
Status: in_force

The General Services Division of the Department of Administration shall, when necessary, execute a certificate of exemption from taxation when a certificate is required for Federal tax purposes for or on behalf of political subdivisions that purchase property from or through the General Services Division and the certificate so executed shall then constitute the certificate of the political subdivision. The General Services Division shall accept the political subdivision's requisition or purchase order as conclusive proof that the property so requisitioned or purchased is for the exclusive use of the political subdivision. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 1-21-10 — SC Code / Title 1 / Chapter 21 / Section 1-21-10
SECTION 1-21-10. Board of Commissioners for Promotion of Uniformity of Legislation in the United States.
Status: in_force

The Governor shall appoint three suitable persons who, with their successors, shall constitute a "Board of Commissioners for the Promotion of Uniformity of Legislation in the United States." Any vacancy in the Board shall be filled by the appointment by the Governor of a suitable person.
S.C. Code Ann. § 1-11-460 — SC Code / Title 1 / Chapter 11 / Article 1 / Section 1-11-460
SECTION 1-11-460. Payment of judgments against governmental employees and officials in excess of one million dollars; limitations; recovery of amount paid by assessment against entities purchasing tort liability insurance.
Status: in_force

The State Fiscal Accountability Authority, through the Division of Insurance Services, is authorized to pay judgments against individual governmental employees and officials, in excess of one million dollars, subject to a maximum of four million dollars in excess of one million dollars for one employee and a maximum of twenty million dollars in excess of five million dollars in one fiscal year. These payments are limited to judgments rendered under 42 U.S.C. Section 1983 against governmental employees or officials who are covered by a tort liability policy issued by the Insurance Reserve Fund. These payments are also limited to judgments against governmental employees and officials for acts committed within the scope of employment. If a judgment is paid, the payment must be recovered by assessments against all governmental entities purchasing tort liability insurance from the Insurance Reserve Fund. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 1-30-50 — SC Code / Title 1 / Chapter 30 / Section 1-30-50
SECTION 1-30-50. Department of Health and Human Services.
Status: in_force

Effective on July 1, 1995, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Health and Human Services: Department of Health and Human Services Finance Commission, formerly provided for at Section 44-6-10, et seq.
S.C. Code Ann. § 1-30-80 — SC Code / Title 1 / Chapter 30 / Section 1-30-80
SECTION 1-30-80. Department of Parks, Recreation and Tourism.
Status: in_force

(A) The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are transferred to and incorporated in and must be administered as part of the Department of Parks, Recreation and Tourism to include a Parks, Recreation and Tourism Division. Department of Parks, Recreation and Tourism, formerly provided for at Sections 51-1-10, 51-3-10, 51-7-10, 51-9-10, and 51-11-10, et seq. (B)(1) Effective July 1, 2008, the South Carolina Film Commission of the Department of Commerce is transferred to the Department of Parks, Recreation and Tourism and becomes a separate division of the Department of Parks, Recreation and Tourism. (2) The South Carolina Film Commission as established in this section as a division of the Department of Parks, Recreation and Tourism and transferred to it shall ensure that funds made available to film projects through the South Carolina Film Commission are budgeted and spent so as to further the following objectives: (a) stimulation of economic activity to develop the potentialities of the State; (b) conservation, restoration, and development of the natural and physical, the human and social, and the economic and productive resources of the State; (c) promotion of a system of transportation for the State, through development and expansion of the highway, railroad, port, waterway, and airport systems; (d) promotion and correlation of state and local activity in planning public works projects; (e) promotion of public interest in the development of the State through cooperation with public agencies, private enterprises, and charitable and social institutions; (f) encouragement of industrial development, private business, commercial enterprise, agricultural production, transportation, and the utilization and investment of capital within the State; (g) assistance in the development of existing state and interstate trade, commerce, and markets for South Carolina goods and in the removal of barriers to the industrial, commercial, and agricultural development of the State; (h) assistance in ensuring stability in employment, increasing the opportunities for employment of the citizens of the State, devising ways and means to raise the living standards of the people of the State; (i) enhancement of the general welfare of the people; and (j) encouragement and consideration as appropriate so as to consider race, gender, and other demographic factors to ensure nondiscrimination, inclusion, and representation of all segments of the State to the greatest extent possible. Editor's Note 2008 Act No. 313, SECTION 6.C and 2008 Act No. 359, SECTION 3 provide as follows: "(1) Where the provisions of this section transfer the South Carolina Film Commission from the Department of Commerce to the Department of Parks, Recreation and Tourism, the employees, authorized appropriations, and assets and liabilities of the South Carolina Film Commission are also transferred to and become part of the Department of Parks, Recreation and Tourism. All classified or unclassified personnel employed by the South Carolina Film Commission on the effective date of this section, either by contract or by employment at will, shall become employees of the Department of Parks, Recreation and Tourism, with the same compensation, classification, and grade level, as applicable. The State Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(2) Regulations promulgated by the South Carolina Film Commission are continued and are considered to be promulgated by the South Carolina Film Commission as a division of the Department of Parks, Recreation and Tourism. "(3) The Code Commissioner is directed to change or correct all references to the South Carolina Film Commission to reflect its transfer to the Department of Parks, Recreation and Tourism. References to the name of the South Carolina Film Commission in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate references." Effect of Amendment The first 2008 amendment designated subsection (A) and in the first paragraph deleted outdated language and "and Film Division" following "Tourism Division"; and added subsection (B) relating to the transfer of the South Carolina Film Commission. The second 2008 amendment made identical changes.
S.C. Code Ann. § 1-1-676 — SC Code / Title 1 / Chapter 1 / Article 9 / Section 1-1-676
SECTION 1-1-676. Official State lowcountry handcraft.
Status: in_force

The sweet grass basket is the official state lowcountry handcraft.
S.C. Code Ann. § 1-21-20 — SC Code / Title 1 / Chapter 21 / Section 1-21-20
SECTION 1-21-20. Duty of Board.
Status: in_force

The Board shall: (1) Examine the subjects of insolvency, the descent and distribution of property, the execution and probate of wills and other subjects upon which uniformity of legislation in the various states and territories of the union is desirable but which are outside the jurisdiction of the Congress of the United States; (2) Confer upon these matters with the commissioners appointed by other states and territories for the same purpose; (3) Consider and draft uniform laws to be submitted for approval and adoption of the several states; and (4) Generally devise and recommend such other or further course of action as shall accomplish the purposes of this chapter.
S.C. Code Ann. § 1-11-67 — SC Code / Title 1 / Chapter 11 / Article 1 / Section 1-11-67
SECTION 1-11-67. Rental charges for occupancy of state-controlled office buildings; apportionment among agency funding sources.
Status: in_force

The Department of Administration shall assess and collect a rental charge from all state departments and agencies that occupy space in state-controlled office buildings under its jurisdiction. The amount charged each department or agency must be calculated on a square foot, or other equitable basis of measurement, and at rates that will yield sufficient total annual revenue to cover the annual principal and interest due or anticipated on the Capital Improvement Obligations for projects administered or planned by the department, and maintenance and operation costs of department-controlled office buildings. The amount collected must be deposited in a special account and must be expended only for payment on Capital Improvement Obligations and maintenance and operations costs of the buildings under the supervision of the department. All departments and agencies against which rental charges are assessed and whose operations are financed in whole or in part by federal or other nonappropriated funds are both directed to apportion the payment of these charges equitably among all funds to ensure that each bears its proportionate share. Effect of Amendment 2014 Act No. 121, SECTION 7.C, rewrote the first undesignated paragraph, generally substituting "Department of Administration" for "State Budget and Control Board" and "Office of General Services".
S.C. Code Ann. § 1-11-26 — SC Code / Title 1 / Chapter 11 / Article 1 / Section 1-11-26
SECTION 1-11-26. Use of funds from Rural Infrastructure Authority; penalties for misuse.
Status: in_force

(A) Grant funds received by a public entity from the Rural Infrastructure Authority must be deposited in a separate fund and may not be commingled with other funds, including other grant funds. Disbursements may be made from this fund only on the written authorization of the individual who signed the grant application filed with the division, or his successor, and only for the purposes specified in the grant application. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned for six months, or both. (B) It is not a defense to an indictment alleging a violation of this section that grant funds received were used by a grantee or subgrantee for governmental purposes other than those specified in the grant application or that the purpose for which the grant was made was accomplished by funds other than grant funds. (C) The Division of Local Government of the Rural Infrastructure Authority shall furnish a copy of this section to a grantee when the grant is awarded. Effect of Amendment 2014 Act No. 121, SECTION 16.B, in subsection (A), substituted "public entity from the Rural Infrastructure Authority" for "county, municipality, political subdivision, or other entity from the Division of Local Government of the State Budget and Control Board"; in subsection (B), deleted "from the Division of Local Government" before "grant funds received", and deleted "by the Division of Local Government" before "grant was made"; and in subsection (C), substituted "Rural Infrastructure Authority" for "State Budget and Control Board".
S.C. Code Ann. § 1-23-540 — SC Code / Title 1 / Chapter 23 / Article 5 / Section 1-23-540
SECTION 1-23-540. Compensation; full-time position.
Status: in_force

The chief judge (Seat 1) shall receive as annual salary equal to ninety percent of that paid to the circuit court judges of this State. The remaining judges shall receive as annual salary equal to eighty percent of that paid to the circuit court judges of this State. They are not allowed any fees or perquisites of office, nor may they hold any other office of honor, trust, or profit. Administrative law judges in the performance of their duties are also entitled to that per diem, mileage, expenses, and subsistence as is authorized by law for circuit court judges. Each administrative law judge shall devote full time to his duties as an administrative law judge, and may not practice law during his term of office, nor may he during this term be a partner or associate with anyone engaged in the practice of law in this State.
S.C. Code Ann. § 1-1-1310 — SC Code / Title 1 / Chapter 1 / Article 20 / Section 1-1-1310
SECTION 1-1-1310. State boards and commissions; notification of membership changes; contents.
Status: in_force

Each state board and commission must send written notification to the Secretary of State's Office of any appointment, election, resignation, or vacancy in the membership of its board or commission. The notification must be sent within two weeks of the appointment, election, resignation, or vacancy and must include: (1) the governing statute or Executive Order authorizing the appointment or election; (2) the board or commission's address, phone number, fax number, and e-mail address, if any; (3) the member's name; (4) the member's district, circuit, seat, or position, if applicable; (5) when the member's term begins and ends; (6) the qualifications for membership on the board or commission and any specific requirements for the member's position; (7) whether the member is eligible to receive compensation for his service; (8) the name of the former member; and (9) in the case of an appointment or election, whether it is a reappointment or reelection of an incumbent.
S.C. Code Ann. § 1-11-290 — SC Code / Title 1 / Chapter 11 / Article 1 / Section 1-11-290
SECTION 1-11-290. Division of General Services, Program of Fleet Management; plan for maximally cost-effective vehicle maintenance.
Status: in_force

The department in consultation with the agencies operating maintenance facilities shall study the cost-effectiveness of such facilities versus commercial alternatives and shall develop a plan for maximally cost-effective vehicle maintenance. The department shall promulgate rules and regulations governing vehicle maintenance to effectuate the plan. The State Vehicle Maintenance program shall include: (a) central purchasing of supplies and parts; (b) an effective inventory control system; (c) a uniform work order and record-keeping system assigning actual maintenance cost to each vehicle; and (d) preventive maintenance programs for all types of vehicles. All motor fuels shall be purchased from state facilities except in cases where such purchase is impossible or not cost beneficial to the State. All fuels, lubricants, parts, and maintenance costs including those purchased from commercial vendors shall be charged to a state credit card bearing the license plate number of the vehicle serviced and the bill shall include the mileage on the odometer of the vehicle at the time of service. Effect of Amendment 2014 Act No. 121, SECTION 7.E.3, in the first undesignated paragraph, substituted "department" for "board" throughout, and added a comma after "parts" in the last undesignated paragraph.
S.C. Code Ann. § 1-1-707 — SC Code / Title 1 / Chapter 1 / Article 9 / Section 1-1-707
SECTION 1-1-707. Official State Hall of Fame.
Status: in_force

(A) The South Carolina Hall of Fame located in the Myrtle Beach Convention Center, operated by South Carolina Hall of Fame, Inc. , an eleemosynary corporation certified by the Secretary of State on June 1, 1963, is the official state Hall of Fame. The official designation is an honorary designation and does not bind the State in any way. (B) The official designation does not create a new state agency or educational institution or qualify the South Carolina Hall of Fame for state funds. (C) The official designation does not confer any liability upon the State. (D) The official designation does not sanction by the State any activity, philosophy, or course of action conducted, published, or undertaken by the Hall of Fame.
S.C. Code Ann. § 1-30-105 — SC Code / Title 1 / Chapter 30 / Section 1-30-105
SECTION 1-30-105. Department of Transportation.
Status: in_force

Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Transportation to be initially divided into divisions for Mass Transit, Construction and Maintenance, Engineering and Planning, and Finance and Administration; however, the State Highway Commission as constituted on June 30, 1993, under the provisions of Title 56, shall be the governing authority for the department until February 15, 1994, or as soon as its successors are elected or appointed and qualified, whichever is later. Department of Highways and Public Transportation, except the Motor Vehicle Division, which was established as the Department of Motor Vehicles by Section 56-1-5, and the State Highway Patrol, formerly provided for at Section 56-1-10, et seq. Effect of Amendment The 2007 amendment, in the second undesignated paragraph, added ", which was established as the Department of Motor Vehicles by Section 56-1-5,".
S.C. Code Ann. § 1-29-50 — SC Code / Title 1 / Chapter 29 / Section 1-29-50
SECTION 1-29-50. Compensation of council members.
Status: in_force

The members are allowed the usual mileage, per diem, and subsistence provided by law for members of state boards, committees, and commissions. The expenses of the legislative appointees must be paid from the approved accounts of their respective bodies, and the expenses of the gubernatorial appointees must be paid from funds appropriated to the Governor's Office.
S.C. Code Ann. § 1-1-715 — SC Code / Title 1 / Chapter 1 / Article 11 / Section 1-1-715
SECTION 1-1-715. United States Census of 2020 adopted.
Status: in_force

(A) The United States Census of 2020 is adopted as the true and correct enumeration of the inhabitants of this State, and of the several counties, municipalities, and other political subdivisions of this State. (B) The geographic assignments in Sections 2-1-45 and 2-1-75 are derived from the decennial census P.L. 94-171 redistricting data released by the United States Census Bureau on August 12, 2021, and September 16, 2021. Code Commissioner's Note This section was codified at the direction of the Code Commissioner. Effect of Amendment The 2011 amendments substituted "2010" for "2000". 2021 Act No. 117, Pt. I, SECTION 1, inserted the (A) designator, and in (A), substituted "2020" for "2010", and added (B).
S.C. Code Ann. § 1-23-360 — SC Code / Title 1 / Chapter 23 / Article 3 / Section 1-23-360
SECTION 1-23-360. Communication by members or employees of agency assigned to decide contested case.
Status: in_force

Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or his representative, except upon notice and opportunity for all parties to participate. An agency member: (1) May communicate with other members of the agency; and (2) May have the aid and advice of one or more personal assistants. Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than two hundred fifty dollars or imprisoned for not more than six months.
S.C. Code Ann. § 1-1-1710 — SC Code / Title 1 / Chapter 1 / Article 27 / Section 1-1-1710
SECTION 1-1-1710. Definition of antisemitism.
Status: in_force

(A) For purposes of this section, the term "definition of antisemitism": (1) includes the definition of antisemitism adopted on May 26, 2016, by the International Holocaust Remembrance Alliance, which has been adopted by the United States Department of State; (2) includes contemporary examples of antisemitism identified by the International Holocaust Remembrance Alliance; and (3) does not include criticism of Israel similar to that leveled against any other country. (B) Nothing in this section may be construed to: (1) diminish or infringe upon any rights protected under the First Amendment to the United States Constitution or Section 2, Article I of the South Carolina Constitution, 1895; or (2) conflict with federal, state, or local discrimination laws. (C) In reviewing, investigating, or deciding whether there has been a violation of any relevant policy, law, or regulation prohibiting discriminatory acts, the State shall take into consideration the definition of antisemitism set forth in law for purposes of determining whether the alleged act was discriminatory. A court or other relevant authority shall apply the same legal standard as applicable to like claims of discrimination arising under the laws of this State protecting civil rights, including Chapter 13 of this title.
S.C. Code Ann. § 1-3-260 — SC Code / Title 1 / Chapter 3 / Article 5 / Section 1-3-260
SECTION 1-3-260. Removal procedure as additional to other removal procedures.
Status: in_force

The power and procedure of removal conferred and provided for in SECTIONS 1-3-240 and 1-3-250 are additional to any other removal powers or procedure authorized by statute.
S.C. Code Ann. § 1-3-245 — SC Code / Title 1 / Chapter 3 / Article 5 / Section 1-3-245
SECTION 1-3-245. Removal from office of member of state board for three consecutive unexcused absences; vacancy created; requirement of chairman to notify appointing authority; exclusion for ex officio member or designee.
Status: in_force

(A) A member of a state board, council, commission, or committee who has three consecutive unexcused absences from regularly scheduled meetings held by the particular board, council, commission, or committee is considered removed from the board, council, commission, or committee and a vacancy is created. The chairman of the board, council, commission, or committee immediately shall notify the Governor or appropriate appointing authority of the member's three consecutive unexcused absences and of the resulting vacancy. An unexcused absence must be defined by each respective board, council, commission, or committee in rules governing its operation. (B) This section does not apply to an ex officio member of a state board, council, commission, or committee or to a designee of an ex officio member.
S.C. Code Ann. § 1-7-720 — SC Code / Title 1 / Chapter 7 / Article 5 / Section 1-7-720
SECTION 1-7-720. Suits for penalties.
Status: in_force

The Attorney General and solicitors shall sue for the penalties incurred by any public officer or board of public officers.
S.C. Code Ann. § 1-29-10 — SC Code / Title 1 / Chapter 29 / Section 1-29-10
SECTION 1-29-10. Creation of council; purpose.
Status: in_force

The South Carolina Council on the Holocaust is created. The purpose of the council, working in conjunction with the State Department of Education, is to develop an educational program to prevent future atrocities similar to the systematic program of genocide of six million Jews and others by the Nazis. The program must be designed to honor the survivors of the Holocaust and their descendants and the South Carolinians and their descendants who participated in the liberation of concentration camps. The council also shall develop and establish an appropriate program for an annual observance of the Holocaust.
S.C. Code Ann. § 1-7-140 — SC Code / Title 1 / Chapter 7 / Article 1 / Section 1-7-140
SECTION 1-7-140. Annual report to General Assembly.
Status: in_force

The Attorney General shall annually make a report to the General Assembly of: (1) the cases argued, tried, or conducted by him in the Supreme Court, the court of appeals, and circuit courts during the preceding year; and (2) other information in relation to the criminal laws and observations and statements as, in his opinion, the proper and efficient administration of the criminal law requires.
S.C. Code Ann. § 1-23-400 — SC Code / Title 1 / Chapter 23 / Article 3 / Section 1-23-400
SECTION 1-23-400. Application of article.
Status: in_force

The provisions of this article shall not apply to any matters pending on June 13, 1977. The provisions of SECTIONS 1-23-360 and 1-23-370 shall not apply to any agency which under existing statutes have established and follow notice and hearing procedures which are in compliance with such sections.
S.C. Code Ann. § 1-13-90 — SC Code / Title 1 / Chapter 13 / Section 1-13-90
SECTION 1-13-90. Complaints, investigations, hearings and orders.
Status: in_force

(a) Any person shall complain in writing under oath or affirmation to the Commission within one hundred eighty days after the alleged discriminatory practice occurred. The Commissioner, his employees or agents, shall assist complainants in reducing verbal complaints to writing and shall assist in setting forth such information as may be required by the Commission. The Commission shall serve a copy of the complaint upon the respondent within ten days after the complaint is received by the Commission, except that if the Commission determines for good cause that such service will impede its investigation of the complaint, it shall serve notice of the complaint, including the date, place, and circumstances of the alleged unlawful employment practice upon the respondent within ten days after the complaint is received by the Commission. (b) Any complainant who is a member of the Commission shall be disqualified from participation except as the complainant in the processing and resolution of the complaint. (c) For complaints asserting expressly or in substance a violation by a state agency or department or local subdivisions of a state agency or department of SECTION 1-13-80 the procedure shall be as follows: (1) The Commissioner shall assign one or more of his employees or agents to investigate the complaint, in which case one shall be designated the investigator in charge of the complaint. Information gathered during an investigation under this subsection shall not be made public by the Commission, its officers or employees, except for information made public as a result of being offered or received into evidence in an action brought under this subsection. (2) The Chairman of the Commission or, upon the request of the Chairman, the Commissioner shall designate a member of the Commission to supervise the processing of the complaint. (3) The complaint may be resolved at any time before a hearing by conference, conciliation and persuasion with the complainant and the respondent, such resolution to be embodied in a conciliation agreement, which shall include an agreement by the respondent to refrain from committing unlawful discriminatory practices in the future, and which may contain such further provisions as are agreed upon by the complainant and the respondent. No conciliation agreement shall be deemed an effective resolution by the Commission unless the supervisory commission member shall have reviewed and approved the terms thereof. Positions taken by a witness in connection with such efforts toward conciliation shall not be made public or used against the interest of the witness in a subsequent proceeding. (4) In undertaking its investigation of a complaint the Commission shall have the authority: (i) To issue a subpoena or subpoena duces tecum and thereby compel attendance of witnesses or production for examination of books, papers, and records, whenever it is deemed necessary to compel the attendance of witnesses, or the production for examination of any books, payrolls, personnel records, correspondence, documents, papers or any other evidence relating to any matter under investigation or in question before the Commission. The power may be exercised only by the joint action by the Chairman of the Commission and the Commissioner. (ii) To require any party or witness to answer interrogatories at any time after the complaint is filed. (iii) To take depositions of witnesses including any party pursuant to a complaint or investigation made by the Commission. (iv) Pursuant to subitems (i), (ii), (iii), above, if a person fails to permit access, fails to comply with a subpoena, refuses to have his or her deposition taken, refuses to answer interrogatories, or otherwise refuses to allow discovery, the Commission may request an order of a court of competent jurisdiction requiring discovery and other related good faith compliance. (5) If not sooner resolved, the investigator shall upon completion of his investigation submit to the supervisory commission member a statement of the facts disclosed by his investigation and recommend either that the complaint be dismissed or that a panel of commission members be designated to hear the complaint. The supervisory commission member, after review of the case file and the statement and recommendation of the investigator shall issue an order either of dismissal or for a hearing, which order shall not be subject to judicial or other further review. (6) If the order be of dismissal, the supervisory commission member shall mail a copy of the order to the complainant and the respondent at their last known addresses. (7) If the order be for a hearing, the supervisory commission member shall annex thereto a notice and a copy of the complaint and require the respondent to answer the complaint at a hearing at a time and place specified in the notice and shall serve upon the respondent a copy of the order, the complaint, and the notice. (8) At any time before a hearing a complaint may be amended by the supervisory commission member upon the request of the investigator or of the complainant or of the respondent. Complaints may be amended during a hearing only upon a majority vote of the panel of commission members for such hearing. (9) Upon request by any party, the Commissioner shall issue appropriate subpoenaes or subpoenaes duces tecum to any witnesses or other custodians of documents desired to be present at the hearing, or at prehearing depositions, unless the Commissioner determines that issuance of the subpoenaes or subpoenaes duces tecum would be unreasonable or unduly burdensome. (10) Upon notification by any party that any party or witness has failed to permit access, failed to comply with a subpoena or subpoena duces tecum, refused to have his or her deposition taken, refused to answer interrogatories, or otherwise refused to allow discovery, the Commission, shall, upon notice to the party or witness, apply to a court of competent jurisdiction for an order requiring discovery and other good faith compliance unless the Commission determines that the discovery would be unreasonably or unduly burdensome. (11) Upon request by the supervisory commission member, the Chairman of the Commission shall designate a panel of three members of the Commission to sit as the Commission to hear the complaint; provided, that no member of the Commission shall be a member of a panel to hear a complaint for which he has been a supervisory commission member. (12) At any hearing held pursuant to this subsection, the case in support of the complaint shall be presented before the panel by one or more of the commission's employees or agents, and, with consent of the panel, by legal representatives of the complaining party; provided, that endeavors at conciliation by the investigator shall not be received into evidence nor otherwise made known to the members of the panel. (13) The respondent shall submit a written answer to the complaint and appear at such hearing in person or by counsel and may submit evidence. The respondent shall have the power reasonably and fairly to amend his answer. (14) The complainant shall be permitted to be present and submit evidence. (15) Proceedings under this section shall be subject to the Administrative Procedures Act, SECTIONS 1-23-310 through 1-23-400 of the Code of Laws of South Carolina, 1976, as amended, and in case of conflict between the provisions of this chapter and the Administrative Procedures Act, the Administrative Procedures Act shall govern. A recording of the proceedings shall be made, which may be subsequently transcribed upon request and payment of a reasonable fee by the complainant or the respondent. The fee shall be set by the Commission or upon motion of the panel, in which case copies of such transcription shall be made available to the complainant or the respondent upon request and payment of a reasonable fee to be set by the Commission. (16) If upon all the evidence at the hearing the panel shall find that the respondent has engaged in any unlawful discriminatory practice, it shall state its findings of fact and serve upon the respondent in the name of the Commission an opinion and order requiring that such unlawful discriminatory practice be discontinued and requiring such other action including, but not limited to, hiring, reinstatement or upgrading of employees, with or without back pay to the persons aggrieved by such practice as, in the judgment of the panel, will effectuate the purposes of this chapter. Back pay liability shall not accrue from a date more than two years prior to the filing of a charge with the Commission. The Commission may retain jurisdiction of any such case until it is satisfied of compliance by the respondent with its order. (17) If upon all the evidence at the hearing the panel shall find that the respondent has not engaged in any such unlawful discriminatory practice, the panel shall state its findings of fact and serve upon the complainant and the respondent an opinion and order dismissing the complaint as to the respondent. (18) A copy of the opinion and order of the Commission shall be delivered in all cases to the Attorney General and to such other public officers as the Commission deems proper. Copies of the opinion and order shall be available to the public for inspection upon request, and copies shall be made available to any person upon payment of a reasonable fee set by the Commission. (19)(i) If an application for review is made to the commission within fourteen days from the date the order of the commission is given, the commission, for good cause shown, shall review the order and evidence, receive further evidence, rehear the parties or their representatives, and, if proper, amend the order. (ii) The order of the commission, as provided in item (16) of subsection (c) of this section, if not reviewed in due time, or an order of the commission upon review, as provided for in subitem (i) of item (19) of this subsection, is conclusive and binding as to all questions of fact unless clearly erroneous in view of the reliable, probative, and substantive evidence in the whole record. Either party to the dispute, within thirty days after receipt of notice to be sent by registered mail of the order may appeal the decision of the commission to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). In case of an appeal from the decision of the commission, the appeal operates as a supersedeas for thirty days only, unless otherwise ordered by the administrative law judge, and the respondent is required to comply with the order involved in the appeal or certification until the questions at issue are fully determined in accordance with the provisions of this chapter. (iii) The commission may institute a proceeding for enforcement of its order of item (16) of subsection (c) of this section, or its amended order of subitem (i) of item (19) of this subsection after thirty days from the date of the order, by filing a notice of appeal in the court of common pleas of the county in which the hearing occurred, or where a person required in the order to cease and desist from a practice which is the subject of the commission's order, or to take other affirmative action, resides, or transacts business. If no appeal pursuant to subitem (ii) of item (19) of this subsection is initiated, the commission may obtain a decree of the court for enforcement of its order upon a showing that a copy of the petition for enforcement was served upon the party subject to the dictates of the commission's order. (d) For complaints asserting expressly or in substance a violation of SECTION 1-13-80 by employers, employment agencies or labor organizations, including municipalities, counties, special purpose districts, school districts, and local governments, but not including employers, employment agencies or labor organizations covered by SECTION 1-13-90(c), the procedure shall be as follows: (1) The Commissioner shall assign one or more of his employees or agents to investigate the complaint, in which case one shall be designated the investigator in charge of the complaint. (2) The Commission shall institute an investigation by its employees to ascertain the facts relating to such alleged unlawful employment practice. In its investigation of a charge filed under this chapter, the Commission or its designated employees shall at all reasonable times have access to, for the purposes of examination, and the right to copy any evidence of any person being investigated that relates to unlawful employment practices covered by this chapter and is relevant to the charge under investigation. If any persons fail to permit access to such evidence, the Commission may issue a subpoena duces tecum and thereby compel the production for examination and copying of such evidence. If any person fails to comply with a subpoena issued under this chapter, the Commission may request an order of a court of competent jurisdiction requiring compliance with the subpoena. The person against whom an order of court is sought shall be given at least four days' notice of the time and place of the court hearing and may appear and oppose the granting of any order. Any person may, after giving the Commission at least four days' notice, move before a court of competent jurisdiction for an order quashing any subpoena issued under this subsection. Information gathered during an investigation under this subsection shall not be made public by the Commission, its officers or employees, except for information made public as a result of being offered or received into evidence in an action brought under this subsection. (3) The complaint may be resolved at any time by conference, conciliation and persuasion with the complainant and the party complained of, such resolution to be embodied in a conciliation agreement, which may include an agreement by the respondent to refrain from committing unlawful discriminatory practices in the future, and which may contain such further provisions as are agreed upon by the complainant and the party complained of. Nothing said or done during and as part of such informal endeavors may be made public by the Commission or used as evidence in a subsequent proceeding. (4) If not sooner resolved, the investigator shall upon completion of his investigation submit to the Commissioner a statement of the facts disclosed by his investigation and recommend either that the complaint be dismissed or that the Commission bring an action in equity in circuit court against the respondent. The Commissioner, after a review of the case file and the statement and recommendation of the investigator, may issue an order either to dismiss the charge or to bring an action in equity in circuit court against the respondent, which order shall not be subject to judicial or other further review. (5) If the order be of dismissal, the Commissioner shall mail a copy of the order to the complainant and to the respondent at their last known addresses. (6) If a charge filed with the commission by a complainant pursuant to this chapter is dismissed by the commission, or if within one hundred eighty days from the filing of the charge the commission has not filed an action under this chapter or entered into a conciliation agreement to which the complainant is a party, the complainant may bring an action in equity against the respondent in circuit court. The action must be brought within one year from the date of the violation alleged, or within one hundred twenty days from the date the complainant's charge is dismissed, whichever occurs earlier, except that this period may be extended by written consent of the respondent. (7) If within thirty days after issuance of its determination the Commission is unable to secure from the respondent a conciliation agreement acceptable to the Commission, or if the Commission determines after investigation that the respondent has violated the terms of a conciliation agreement, the Commission may bring an action in equity against the respondent in circuit court. Such action shall be brought within one year from the date of the violation alleged, except that this period may be extended by written consent of the respondent. (8) No action may be brought under this chapter by a complainant if an action based on the same charge has been brought by the Commission, and no action may be brought under this chapter by the Commission if an action based on the same charge has been brought by the complainant. No action may be brought under this chapter if an action alleging essentially the same facts and seeking relief for the same complainant has been brought in any federal court. Any action brought under this chapter shall be promptly dismissed if an action alleging essentially the same facts and seeking relief for the same complainant is brought in any federal court. (9) If the court finds that the respondent has intentionally engaged in or is intentionally engaging in an unlawful employment practice charged in the complaint, the court may enjoin the respondent from engaging in such unlawful employment practice, and order such affirmative action as may be appropriate, which may include, but is not limited to, reinstatement of hiring of employees, with or without back pay payable by the employer, employment agency, or labor organization, as the case may be, responsible for the unlawful employment practice or any other equitable relief as the court deems appropriate. Back pay liability shall not accrue from a date more than two years prior to the filing of a charge with the Commission. Unemployment compensation, interim earnings, or amount earnable with reasonable diligence, by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable. No order of the court shall require the admission or reinstatement of an individual as a member of a union, of the hiring, reinstatement, or promotion of an individual as an employee, or the payment to him of any back pay if such individual was refused admission, suspended or expelled, or was refused employment or advancement or was suspended or discharged for any reason other than discrimination on account of race, color, religion, sex, age or national origin in violation of this chapter, or discrimination in violation of subsection (e) of SECTION 1-13-80. (e) For complaints of the existence or occurrence of a practice asserted to be discriminatory on the basis of race, religion, color, age, sex, national origin, or disability, other than those discriminatory practices declared unlawful by Section 1-13-80, or of any other dispute regarding human affairs, the procedure of the commission is as follows: The commissioner shall assign one or more of the commission's employees or agents who may resolve the complaint by conference, conciliation, and persuasion with the complainant and the respondent, the resolution to be embodied in a conciliation agreement which shall include such provisions as are agreed upon by the complainant and the respondent. If the employee or agent is unable after reasonable efforts to resolve the complaint, the employee or agent shall withdraw from the matter and not participate further and the commission file of the complaint must be closed. If the complainant and the respondent thereafter resolve the complaint and submit a record of the resolution to the commission, the record must be entered into the commission file of the complaint. (f) If in the course of processing any complaint under the procedure set forth in (e) above sufficient facts shall appear warranting the processing of the complaint under the procedure provided by subsection (c) or (d) of this section upon notice to the complainant and to the respondent, such other procedure shall thereafter be followed for the processing of the complaint. (g) The Commission shall establish such rules as may be necessary to govern, expedite and effectuate the procedures prescribed in this section. Editor's Note 2006 Act No. 387, SECTION 53, provides as follows: "This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling." 2006 Act No. 387, SECTION 57, provides as follows: "This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review." Effect of Amendment The 2006 amendment, subparagraph (c)(19)(ii), in the second sentence substituted "Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D)" for "court of common pleas of the county in which the hearing occurred, or in which the respondent resides or has his principal office", and in the third sentence substituted "administrative law judge" for "court"; in subparagraph (c)(19)(iii), substituted "date" for "day" and "notice of appeal" for "petition"; and made nonsubstantive changes throughout.
S.C. Code Ann. § 1-23-390 — SC Code / Title 1 / Chapter 23 / Article 3 / Section 1-23-390
SECTION 1-23-390. Supreme Court review.
Status: in_force

An aggrieved party may obtain a review of a final judgment of the circuit court or the court of appeals pursuant to this article by taking an appeal in the manner provided by the South Carolina Appellate Court Rules as in other civil cases. Editor's Note 2006 Act No. 387, SECTION 53, provides as follows: "This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling." 2006 Act No. 387, SECTION 57, provides as follows: "This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review." Effect of Amendment The 2006 amendment added "or the court of appeals" and made nonsubstantive changes.
S.C. Code Ann. § 1-1-540 — SC Code / Title 1 / Chapter 1 / Article 7 / Section 1-1-540
SECTION 1-1-540. Written employment applications required.
Status: in_force

State, county and municipal officers, departments, boards and commissions, and all school districts in this State, shall require applications in writing for employment by them, upon such application forms as they may severally prescribe, which shall include information as to active or honorary membership in or affiliation with all membership associations and organizations. The provisions of this section shall not apply to any office or position which by law is filled by the vote of the qualified electors in any general or special election.
S.C. Code Ann. § 1-11-80 — SC Code / Title 1 / Chapter 11 / Article 1 / Section 1-11-80
SECTION 1-11-80. Department authorized to grant easements for public utilities on vacant State lands.
Status: in_force

The Department of Administration, upon approval of the State Fiscal Accountability Authority, is authorized to grant easements and rights of way to any person for construction and maintenance of power lines, pipe lines, water and sewer lines and railroad facilities over, on or under such vacant lands or marshland as are owned by the State, upon payment of the reasonable value thereof. Effect of Amendment 2014 Act No. 121, SECTION 7.C, substituted "Department of Administration, upon approval of the State Fiscal Accountability Authority," for "State Budget and Control Board".
S.C. Code Ann. § 1-7-407 — SC Code / Title 1 / Chapter 7 / Article 3 / Section 1-7-407
SECTION 1-7-407. Receipt and disbursement of funds for employment of assistant solicitor and investigator.
Status: in_force

Each solicitor shall enter into an agreement with a county within his circuit to administer the funds so provided and the funds shall be directed to the administering county. The administering county shall account for the receipt and disbursement of the funds separately from any other funds administered by the county. The solicitors may expend the funds for the employment of additional assistant solicitors, investigators and payment of expenses related to employment of such additional personnel, including fringe benefits and travel. Personnel employed under the provisions of SECTIONS 1-7-406 through 1-7-407. shall be employees of the administering county but all personnel costs, including fringe benefits, shall be paid by the administering county from funds provided under provisions of SECTIONS 1-7-406 through 1-7-407.
S.C. Code Ann. § 1-30-125 — SC Code / Title 1 / Chapter 30 / Section 1-30-125
SECTION 1-30-125. Executive Budget Office.
Status: in_force

(A) There is established, within the Department of Administration, the Executive Budget Office which shall support the Office of the Governor by conducting analysis, implementing and monitoring the annual general appropriations act, and evaluating program performance. (B) The Executive Budget Office shall use the existing resources of the organizations transferred to the Department of Administration including, but not limited to, funding, personnel, equipment, and supplies. Vacant FTEs at the former State Budget and Control Board also may be used to fill needed positions for the office. Editor's Note 2014 Act No. 121, SECTION 2, provides as follows: "SECTION 2.A. Effective July 1, 2015, the State Budget and Control Board, and its related divisions and offices, is abolished and its functions, powers, duties, responsibilities, and authority, except as otherwise provided by law: "(1) related to the issuance of bonds and bonding authority, generally found in Title 11 of the 1976 Code but also contained in certain other provisions of South Carolina law are devolved upon the State Fiscal Accountability Authority; "(2) related to grants, loans, and other forms of financial assistance to other entities, generally found in Title 11 of the 1976 Code but also contained in certain other provisions of South Carolina law, exercised by the former State Budget and Control Board are devolved upon the State Fiscal Accountability Authority; and "(3) related to executive functions within the former State Budget and Control Board not identified in items (1) or (2) are devolved upon the Department of Administration. "B. After determining how many vacant FTEs at the State Budget and Control Board shall be used to fill needed positions in the Executive Budget Office as provided in Section 1-30-125, to be done in consultation with the Office of the Governor, the Executive Director of the State Budget and Control Board, upon approval of the board, prior to July 1, 2014, shall eliminate at least sixty vacant FTEs within the board or its divisions, components, or offices prior to the devolvement of specified duties and functions of the board upon the Department of Administration as provided in this act."
S.C. Code Ann. § 1-10-30 — SC Code / Title 1 / Chapter 10 / Section 1-10-30
SECTION 1-10-30. Confederate Flag from dome to be placed and displayed in State Museum.
Status: in_force

The actual Confederate Flag (Naval Jack) which is flying on the effective date of this act and which is removed from the dome of the State House must be placed and permanently displayed in a suitable location in the State Museum.
S.C. Code Ann. § 1-9-100 — SC Code / Title 1 / Chapter 9 / Article 1 / Section 1-9-100
SECTION 1-9-100. Designated successors shall serve at pleasure of designating authority prior to assuming new duties of an office.
Status: in_force

Until such time as the persons designated as emergency interim successors or special emergency judges are authorized to exercise the powers and discharge the duties of an office in accordance with this article, including SECTION 1-9-90 hereof, the persons shall serve in their designated capacities at the pleasure of the designating authority and may be removed or replaced by the designating authority at any time, with or without cause.
S.C. Code Ann. § 1-7-20 — SC Code / Title 1 / Chapter 7 / Article 1 / Section 1-7-20
SECTION 1-7-20. Bond of Attorney General.
Status: in_force

Before entering upon the duties of his office, the Attorney General shall execute a bond, with two good sureties, to this State in the sum of ten thousand dollars for the faithful discharge of his office.
S.C. Code Ann. § 1-7-110 — SC Code / Title 1 / Chapter 7 / Article 1 / Section 1-7-110
SECTION 1-7-110. Advice to State officers and Public Service Commission.
Status: in_force

He shall, when required by the Secretary of State, State Treasurer, Adjutant General, Comptroller General, or any other State officer or the Public Service Commission, consult and advise with them, respectively, on questions of law relating to their official business.
S.C. Code Ann. § 1-11-510 — SC Code / Title 1 / Chapter 11 / Article 3 / Section 1-11-510
SECTION 1-11-510. Allocation of bond limit amounts.
Status: in_force

(A) The private activity bond limit for all issuing authorities must be allocated by the state authority in response to authorized requests as described in Section 1-11-530 by the issuing authorities, or as otherwise provided in Section 1-11-520(G). (B) The aggregate private activity bond limit amount for all South Carolina issuing authorities is allocated initially to the State for further allocation within the limits prescribed herein. (C) Nothing in this article or the State Ceiling Allocation Plan adopted pursuant to this article grants any rights to, or in the processes used in the allocation or disposition of, state ceiling. Decisions made pursuant to this article are final and are not subject to judicial or administrative review. Editor's Note 2022 Act No. 202, SECTION 6, provides as follows: "SECTION 6. The provisions of this act are effective for allocations of state ceiling beginning January 1, 2022, and thereafter. For the first year of implementation, the state authority may adopt such special procedures as may be necessary to effect the requirements of this act." Effect of Amendment 2022 Act No. 202, SECTION 2, rewrote (A) and (C).
S.C. Code Ann. § 1-7-10 — SC Code / Title 1 / Chapter 7 / Article 1 / Section 1-7-10
SECTION 1-7-10. Compensation of Attorney General.
Status: in_force

The Attorney General shall receive such annual salary as may be provided by the General Assembly.
S.C. Code Ann. § 1-5-40 — SC Code / Title 1 / Chapter 5 / Section 1-5-40
SECTION 1-5-40. Duty to monitor state boards and commissions; certification of dates of terms of office.
Status: in_force

(A) The office of Secretary of State is designated as the state office whose responsibility it is to monitor positions on the state boards and commissions specified in this subsection and any elected or appointed state boards and commissions established after the effective date of this section. The dates of the terms of office for appointments to boards and commissions made with the advice and consent of the Senate are the dates as certified to the Secretary of State by the Senate. The dates of the terms of office for all other elected or appointed boards and commissions are the dates certified to the Secretary of State by the Governor for his direct appointments and the dates for the terms of office for members of boards and commissions elected by the General Assembly shall be the dates as certified to the Secretary of State by the clerks of the two houses. The specified boards and commissions referred to in this subsection are: (1) Accountancy, Board of (2) Aging, Division on Advisory Council (3) Agriculture Commission (4) Architectural Examiners, State Board of (5) Arts Commission (6) Athletic Commission (7) Auctioneer's Commission (8) Accessibility Committee for the Building Codes Council (9) Blind, Commission for the (10) Builders Commission, Residential (11) Building Code Council (12) College of Charleston Board of Trustees (13) Children's Trust Fund Board of Trustees (14) Children, Foster Care Review Board (15) Chiropractic Examiners, State Board of (16) The Citadel Board of Visitors (17) Clemson University Board of Trustees (18) Coastal Carolina University Board of Trustees (19) Consumer Affairs, Commission on (20) Contractors' Licensing Board (21) Cosmetology, State Board of (22) Professional Counselors, Associate Counselors and Marital and Family Therapists, State Board of Examiners (23) Deaf and Blind, School for the (24) Dentistry Board (25) Disabilities and Special Needs Commission (26) Education, State Board of (27) Education Board, Southern Regional (28) Education Council (29) Educational Television Commission (30) Election Commission (31) Department of Employment and Workforce (32) Registration for Professional Engineers and Land Surveyors (33) Environmental Certification Board (34) Ethics Commission (35) Financial Institutions, Board of (36) Fisheries Commission, Atlantic States Marine (37) Office of General Services, State Fleet Management (38) Forestry Commission (39) Francis Marion University Board of Trustees (40) Funeral Service Board (41) Geologists, Board of Registration for (42) Governor's Mansion and Lace House Commission (43) DHEC (a) Board of Health and Environmental Control (b) Office of Ocean and Coastal Resource Management Board (44) Higher Education Commission (45) Holocaust, Council on the (46) Housing, Finance and Development Authority (47) Human Affairs Commission (48) Indigent Defense, Commission on (49) Intergovernmental Relations, Advisory Commission on (50) Jobs and Economic Development Authority (51) John de la Howe School (52) Judicial Merit Selection Commission (53) Juvenile Justice, Dept. of, Board of Juvenile Parole (54) Lander University Board of Trustees (55) Law Examiners Board (56) Legislative Audit Council (57) Library Board (58) Liquefied Petroleum Gas Board (59) Long Term Health Care Administrators, Board of (60) Manufactured Housing Board (61) Maternal, Infant and Child Health, Council on (62) Medical Examiners, Board of (63) Medical University of South Carolina Board of Trustees (64) Mental Health, State Department of, Commission (65) Migrant Farm Workers Commission (66) Mining Council (67) Minority Affairs, Commission for (68) Museum Commission (69) Natural Resources, Department of (a) Natural Resources Board (b) Heritage Trust Advisory Board (70) Nuclear Advisory Council (71) Nursing, Board of (72) Occupational Health and Safety Review Board (73) Occupational Therapy, Board of (74) Old Exchange Building Commission (75) Opportunity School, Wil Lou Gray Board of Trustees (76) Opticianry, Board of Examiners in (77) Optometry, Board of Examiners in (78) Patriots Point Development Authority (79) Pharmacy, Board of (80) Physical Therapy Examiners, State Board of (81) Podiatry Examiners, Board of (82) Ports Authority Board (83) Prisoner of War Commission (84) Probation, Parole and Pardon Services, Board of (85) Prosecution Coordination, Commission on (86) Psychology, Board of Examiners in (87) Public Service Authority, Board of Directors (88) Public Service Commission (89) Pyrotechnic Safety, Board of (90) Radiation Control Technical Advisory Council (91) Real Estate Commission (92) Real Estate Appraisers Board (93) Reorganization Commission (94) Salary, Executive and Performance Evaluation Commission (95) Social Work Examiners, Board of (96) South Carolina State University Board of Trustees (97) Speech-Language Pathology and Audiology, Board of Examiners (98) Tax Board of Review (99) Technical and Comprehensive Education, Board for (100) Transportation Department Commission (101) University of South Carolina Board of Trustees (102) Veterinary Medical Examiners, Board of (103) Vocational Rehabilitation, Board of (104) Winthrop University Board of Trustees (105) Women, Governor's Office, Commission on (106) Workers' Compensation Commission (107) South Carolina First Steps to School Readiness Board of Trustees. (B) The Secretary must keep in a public record available for inspection an up-to-date compilation of the membership of the boards and commissions listed in subsection (A) and information about the memberships received from state boards and commissions pursuant to Section 1-1-1310 so that members of the General Assembly and interested citizens may be informed of the current composition of these boards and commissions. This compilation must include: (1) length of term for each office; (2) the month and year in which terms have expired or will expire; (3) terms which have expired; (4) vacancies; (5) the body or authority which elects or appoints, as appropriate; (6) any qualifications including, but not limited to, residency requirements or limitations required for a particular vacancy; and (7) any additional information received from state boards or commissions as required by Section 1-1-1310. (C) The Secretary must publicize vacancies, expired terms, and those terms expiring within one year on a semiannual basis statewide. Code Commissioner's Note Pursuant to the directive to the Code Commissioner in 2010 Act No. 146, SECTION 122, "Department of Employment and Workforce" was substituted for all references to "Employment Security Commission", and "Executive Director of the Department of Employment and Workforce" or "executive director" was substituted for all references to the "Chairman of the Employment Security Commission" or "chairman" that refer to the Chairman of the Employment Security Commission, as appropriate. Effect of Amendment 2014 Act No. 287, SECTION 22, added subsection (A)(107), related to the South Carolina First Steps to School Readiness Board of Trustees.
S.C. Code Ann. § 1-13-85 — SC Code / Title 1 / Chapter 13 / Section 1-13-85
SECTION 1-13-85. Medical examinations and inquiries.
Status: in_force

(A) The prohibition against unlawful employment practices set forth in Section 1-13-80 (a) through (d) includes the prohibition against conducting medical examinations and inquiries except as provided for in this section. (B) Except as provided in subsection (C), a covered entity must not conduct a medical examination or make inquiries of a job applicant as to whether the applicant is an individual with a disability or as to the nature or severity of the disability. A covered entity may make preemployment inquiries into the ability of an applicant to perform job-related functions. (C) A covered entity may require a medical examination after an offer of employment has been made to a job applicant and before the commencement of the employment duties of the applicant, and may condition an offer of employment on the results of the examination, if: (1) all entering employees are subjected to the examination regardless of disability; (2) information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that: (a) supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations; (b) first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; (c) government officials investigating compliance with this chapter must be provided relevant information on request; and (3) the results of the examination are used only in accordance with this chapter. (D) For purposes of this chapter, drug and alcohol exams, tests, or screens may not be considered a medical examination. (E)(1) A covered entity may not require a medical examination and may not make inquiries of an employee as to whether the employee is an individual with a disability or as to the nature or severity of the disability, unless the examination or inquiry is shown to be job-related and consistent with business necessity. (2) A covered entity may conduct voluntary medical examinations including voluntary medical histories which are part of an employee health program available to employees at that work site. A covered entity may make inquiries into the ability of an employee to perform job-related functions. (3) Information obtained under subsection (E)(2) regarding the medical condition or history of an employee is subject to the requirements of subsection (C)(2) and (3). (F)(1) It may be a defense to a charge of discrimination under this chapter that an alleged application of qualification standards, tests, or selection criteria that screens out or tends to screen out or otherwise denies a job or benefit to an individual with a disability has been shown to be job related and consistent with business necessity, and the performance cannot be accomplished by reasonable accommodation, as required under this title. (2) The term "qualification standards" may include a requirement that an individual may not pose a direct threat to the safety of that individual or of other individuals in the workplace. (3) This chapter may not prohibit a religious corporation, association, educational institution, or society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on of its activities by the corporation, association, educational institution, or society. Under this chapter, a religious organization may require that all applicants and employees conform to the religious tenets of the organization. (4) If an individual has an infectious or communicable disease that is transmitted to others through the handling of food, that is included on the list developed by the Secretary of Health and Human Services pursuant to the requirements of the Americans with Disabilities Act of 1990, Public Law 101-336, and which cannot be eliminated by reasonable accommodation, a covered entity may refuse to assign or continue to assign the individual to a job involving food handling. Nothing in this chapter may be construed to preempt, modify, or amend a state, county, or local law, ordinance, or regulation applicable to food handling which is designed to protect the public health from individuals who pose a significant risk to the health or safety of others and which cannot be eliminated by reasonable accommodation, pursuant to the list of infectious or communicable diseases and the modes of transmissibility published by the Secretary of Health and Human Services.
S.C. Code Ann. § 1-3-450 — SC Code / Title 1 / Chapter 3 / Article 7 / Section 1-3-450
SECTION 1-3-450. Intervention by Governor in situations of violence or public disorder.
Status: in_force

The Governor may intervene in any situation where there exists violence or threats of violence to persons or property and take complete control thereof to prevent violence, riotous conduct, public disorder or breaches of the peace.
S.C. Code Ann. § 1-7-80 — SC Code / Title 1 / Chapter 7 / Article 1 / Section 1-7-80
SECTION 1-7-80. Conditions attached to appropriation for Attorney General for expenses of litigation.
Status: in_force

The annual appropriation for the Attorney General for the expenses of litigation is subject to the following conditions: (1) the Attorney General shall conduct all litigation which may be necessary for any department of the state government or any of the boards connected therewith, and all these boards or departments are forbidden to employ any counsel for any purpose except through the Attorney General and upon his advice; (2) out of this appropriation the Attorney General shall pay for dockets for the several circuit solicitors and those other expenses as he may deem advisable.
S.C. Code Ann. § 1-10-20 — SC Code / Title 1 / Chapter 10 / Section 1-10-20
SECTION 1-10-20. Confederate Flags from above rostrums of Senate and House of Representatives chambers to be placed and displayed in State Museum.
Status: in_force

The actual Confederate Flags (Naval Jack) removed from above the rostrum in the chambers of the House of Representatives and the Senate must be placed and permanently displayed in a suitable location in the State Museum.
S.C. Code Ann. § 1-34-20 — SC Code / Title 1 / Chapter 34 / Section 1-34-20
SECTION 1-34-20. Definitions.
Status: in_force

As used in this chapter: (1) "Agency" or "state agency" means each state board, commission, department, executive department, or office, other than the General Assembly or the courts, charged with the regulation of buildings or other structures by enforcing a nationally recognized code. An agency is charged with the regulation of buildings or other structures by enforcing a nationally recognized code if the code is referenced in the statutes or regulations administered by that agency. (2) "Building code" means building, electrical, plumbing, mechanical, gas, or fire codes which are part of the International Building Code series or Standard Building Code series, as published, promulgated, or made available by the Southern Building Code Congress International, Inc., the energy code as published by the Council of American Building Officials, and the National Electrical Code and Fire and Life Safety Code, as made available by the National Fire Protection Association, if the code is referenced by any other statute or regulation. (3) "Latest edition" means latest complete edition officially published, adopted, or approved by the organization which issued the nationally recognized code. (4) "Nationally recognized code" means all building codes or standards. Unless expressly adopted as stated in this chapter or otherwise required by law, a "nationally recognized code" does not include its appendices. For the purposes of this chapter, "nationally recognized code" does not include any provision of a building code or standard which concerns the qualification, removal, dismissal, duties, responsibilities of, or administrative procedures for all building officials, fire officials, deputy officials, chief inspectors, or other inspectors, assistants, or administrators. (5) "Revision" means a change to a nationally recognized code if that change was officially published, adopted, or approved other than at the time a complete edition was officially published, adopted, or approved. (6) "Standard" means building, energy, electrical, plumbing, mechanical, gas, or fire standards published by organizations including the American National Standards Institute, the American Society of Mechanical Engineers, the American Standard Testing Materials Institute, and the National Fire Protection Association if the standard is referenced by any other statute or regulation. Editor's Note Under the provisions of Chapter 34, Title 1, an agency is required to adopt the latest edition of a nationally recognized code which it is charged by statute or regulation with enforcing by giving notice in the State Register.
S.C. Code Ann. § 1-1-612 — SC Code / Title 1 / Chapter 1 / Article 9 / Section 1-1-612
SECTION 1-1-612. Official State seabird.
Status: in_force

The eastern brown pelican is the official seabird of the State. Editor's Note 2024 Act No. 186, preamble, provides as follows: "Whereas, the first known eastern brown pelican was described in 1789 and at the Charleston Harbor; and "Whereas, the brown pelican is one of the largest birds found on the east coast and is known for its long bill and underlying throat pouch; and "Whereas, eastern brown pelicans are the only pelicans in the world that are not entirely white. The front of a brown pelican's head is white, but its feathers fade to dark brown. During breeding season, the bird swaps white for a vibrant yellowish gold and exchanges dark brown for a silver-grey; and "Whereas, in 1970, the eastern brown pelican was listed as endangered under the federal Endangered Species Act, when populations plummeted to less than one hundred; and "Whereas, unlike most birds that warm their eggs with the skin of their breasts, pelicans incubate their eggs with the skin of their feet, standing on them and holding the eggs under the webbing of their feet. Widespread use of a pesticide known as DDT caused the chemical to leak into the food chain and caused the eastern brown pelican's eggs to have thinner shells, which caused them to break during incubation, leading to the populations decline; and "Whereas, the United States' ban of DDT in 1972 and the Brown Pelican Recovery Plan of 1979 helped the brown pelican population recover, and the brown pelican is no longer considered endangered; and "Whereas, designating the brown pelican as the state seabird of South Carolina will highlight the importance of preserving and enhancing the habitat of this species and other seabirds along our coastline and serve as a symbol of our commitment to environmental stewardship and wildlife conservation; and "Whereas, eastern brown pelicans and other similar South Carolina coastal birds add to the unique and beautiful character of South Carolina, increasing quality of life. Now, therefore, "Be it enacted by the General Assembly of the State of South Carolina: [Text of Act]"The eastern brown pelican is the official seabird of the State. Editor's Note 2024 Act No. 186, preamble, provides as follows: "Whereas, the first known eastern brown pelican was described in 1789 and at the Charleston Harbor; and "Whereas, the brown pelican is one of the largest birds found on the east coast and is known for its long bill and underlying throat pouch; and "Whereas, eastern brown pelicans are the only pelicans in the world that are not entirely white. The front of a brown pelican's head is white, but its feathers fade to dark brown. During breeding season, the bird swaps white for a vibrant yellowish gold and exchanges dark brown for a silver-grey; and "Whereas, in 1970, the eastern brown pelican was listed as endangered under the federal Endangered Species Act, when populations plummeted to less than one hundred; and "Whereas, unlike most birds that warm their eggs with the skin of their breasts, pelicans incubate their eggs with the skin of their feet, standing on them and holding the eggs under the webbing of their feet. Widespread use of a pesticide known as DDT caused the chemical to leak into the food chain and caused the eastern brown pelican's eggs to have thinner shells, which caused them to break during incubation, leading to the populations decline; and "Whereas, the United States' ban of DDT in 1972 and the Brown Pelican Recovery Plan of 1979 helped the brown pelican population recover, and the brown pelican is no longer considered endangered; and "Whereas, designating the brown pelican as the state seabird of South Carolina will highlight the importance of preserving and enhancing the habitat of this species and other seabirds along our coastline and serve as a symbol of our commitment to environmental stewardship and wildlife conservation; and "Whereas, eastern brown pelicans and other similar South Carolina coastal birds add to the unique and beautiful character of South Carolina, increasing quality of life. Now, therefore, "Be it enacted by the General Assembly of the State of South Carolina: [Text of Act]"
S.C. Code Ann. § 1-1-695 — SC Code / Title 1 / Chapter 1 / Article 9 / Section 1-1-695
SECTION 1-1-695. Official State shell.
Status: in_force

The Lettered Olive, Oliva sayana, is the official shell of the State.
S.C. Code Ann. § 1-7-400 — SC Code / Title 1 / Chapter 7 / Article 3 / Section 1-7-400
SECTION 1-7-400. Circuit solicitors disabled by intoxication.
Status: in_force

Any circuit solicitor who shall, while in the public discharge of the duties of his office, be drunk or intoxicated or in any extent disabled by reason of the use of intoxicating liquors from the proper discharge of his duties shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred nor more than one thousand dollars and imprisoned not less than one month nor more than one year, in the discretion of the court, and shall be dismissed from his office. And whenever it shall be brought to the attention of the Attorney General that any circuit solicitor has been charged with an offense mentioned in this section, he shall prepare a bill of indictment against such officer and prosecute it in the county where the offense was committed. And if such officer is duly convicted, the Attorney General shall cause to be forwarded to the Governor of the State a record of such conviction, upon the receipt of which the Governor shall forthwith declare the office to be vacant and order an election to fill it.
S.C. Code Ann. § 1-11-110 — SC Code / Title 1 / Chapter 11 / Article 1 / Section 1-11-110
SECTION 1-11-110. Authorization of Department to acquire real property by gift, purchase, and condemnation.
Status: in_force

(1) The Department of Administration, subject to the requirements of Section 1-11-65, is authorized to acquire real property, including any estate or interest therein, for, and in the name of, the State of South Carolina by gift, purchase, condemnation or otherwise. (2) The Department of Administration shall make use of the provisions of the Eminent Domain Procedure Act (Chapter 2, Title 28) if it is necessary to acquire real property by condemnation. The actions must be maintained by and in the name of the department. The right of condemnation is limited to the right to acquire land necessary for the development of the Capitol Complex grounds in the City of Columbia. Effect of Amendment 2014 Act No. 121, SECTION 7.C, in subsection (1), substituted "Department of Administration, subject to the requirements of Section 1-11-65," for "State Budget and Control Board"; and in subsection (2), substituted "Department of Administration" for "State Budget and Control Board", substituted "Chapter 2, Title 28" for "Chapter 2 of Title 28", and substituted "Capitol Complex grounds" for "capitol complex mall".
S.C. Code Ann. § 1-1-615 — SC Code / Title 1 / Chapter 1 / Article 9 / Section 1-1-615
SECTION 1-1-615. American History Month designated.
Status: in_force

The month of February in every year is designated American History Month. South Carolinians are encouraged to sponsor and participate in appropriate observances of American History Month.
S.C. Code Ann. § 1-23-310 — SC Code / Title 1 / Chapter 23 / Article 3 / Section 1-23-310
SECTION 1-23-310. Definitions.
Status: in_force

As used in this article: (1) "Administrative law judge" means a judge of the South Carolina Administrative Law Court created pursuant to Section 1-23-500; (2) "Agency" means each state board, commission, department, or officer, other than the legislature, the courts, or the Administrative Law Court, authorized by law to determine contested cases; (3) "Contested case" means a proceeding including, but not restricted to, ratemaking, price fixing, and licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing; (4) "License" includes the whole or part of any agency permit, franchise, certificate, approval, registration, charter, or similar form of permission required by law, but it does not include a license required solely for revenue purposes; (5) "Party" means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party; (6) "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency. Effect of Amendment The 2008 amendment, in item (1), substituted "Administrative Law Court" for "administrative law judge division"; and, in item (2), substituted ", the courts, or the Administrative Law Court," for "or the courts, but to include the administrative law judge division".
S.C. Code Ann. § 1-18-70 — SC Code / Title 1 / Chapter 18 / Section 1-18-70
SECTION 1-18-70. Recommendations to be based on evidence; recommendations to be in writing; persons who are to receive copy of recommendations.
Status: in_force

All recommendations formulated by the commission must be based upon evidence gathered by the commission in public hearings from testimony submitted orally or in writing by interested parties including the commission and upon evidence compiled by the commission in studies conducted by the commission. The recommendations of the commission must be made in writing and delivered to the chairman of the subcommittee of the standing committee of the House or the Senate to which a bill proposing to regulate an occupation has been referred. Copies of the commission's recommendations must also be delivered to the President of the Senate, the Speaker of the House of Representatives, and the Governor. Copies of the commission's recommendations must be mailed to any person who has made a request concerning occupational regulation that was considered by the commission. If the commission recommends no changes with respect to the regulation of an occupation, then the commission shall notify by mail any person who has requested that regulations or changes be recommended. Effect of Amendment 2019 Act No. 1, SECTION 6, in the third sentence, substituted "President of the Senate" for "President Pro Tempore of the Senate", and in the fifth sentence, made a nonsubstantive change.
S.C. Code Ann. § 1-23-290 — SC Code / Title 1 / Chapter 23 / Article 2 / Section 1-23-290
SECTION 1-23-290. Petition opposing regulation having significant adverse impact; determination of whether impact statement or public hearing addressed economic impact; waiver or reduction of administrative penalties.
Status: in_force

(A) For promulgated regulations, the committee may file a written petition with the agency that has promulgated the regulations opposing all or part of a regulation that has a significant adverse impact on small business. (B) Within sixty days after the receipt of the petition, the agency shall determine whether the impact statement or the public hearing addressed the actual and significant impact on small business or if conditions justifying the regulation have changed. The agency shall submit a written response of its determination to the committee within sixty days after receipt of the petition. If the agency determines that the petition merits the amendment, revision, or revocation of a regulation, the agency may initiate proceedings in accordance with the applicable requirements of the Administrative Procedures Act. (C) If the agency determines that the petition does not merit the amendment or repeal of a regulation, the committee promptly shall convene a meeting for the purpose of determining whether to recommend that the agency initiate proceedings to amend or repeal the regulation in accordance with the Administrative Procedures Act. The review must be based upon the actual record presented to the agency. The committee shall base its recommendation on any of the following reasons: (1) the actual impact on small business was not reflected in, or significantly exceeded, the economic impact statement formulated by the Revenue and Fiscal Affairs Office, pursuant to Section 1-23-280(A)(2); (2) the actual impact was not previously considered by the agency in its economic impact statement formulated pursuant to Section 1-23-270(C) or its regulatory flexibility analysis formulated pursuant to Section 1-23-280(A)(2); or (3) the technology, economic conditions, or other relevant factors justifying the purpose for the regulations have changed or no longer exist. (D) If the committee recommends that an agency initiate regulation proceedings for a reason provided in subsection (C), then the committee shall submit to the Speaker of the House of Representatives and the President of the Senate an evaluation report and the agency's response as provided in Section 1-23-290(B). The General Assembly may take later action in response to the evaluation report and the agency's response as the General Assembly finds appropriate. (E)(1) Notwithstanding another provision of law, an agency authorized to assess administrative penalties or administrative fines upon a business may waive or reduce an administrative penalty or administrative fine for a violation of a regulation by a small business if the: (a) small business corrects the violation within thirty days or less after receipt of a notice of violation or citation; or (b) violation was the result of an excusable misunderstanding of the agency's interpretation of a regulation. (2) Item (1) does not apply if: (a) a small business has been notified previously of the violation of a regulation by the agency pursuant to Section 1-23-290(E)(1) and has been given an opportunity to correct the violation on a previous occasion; (b) a small business fails to exercise good faith in complying with the regulation; (c) a violation involves wilful or criminal conduct; (d) a violation results in imminent or adverse health, safety, or environmental impact; or (e) the penalty or fine is assessed pursuant to a federal law or regulation, for which a waiver or reduction is not authorized by the federal law or regulation. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1). Effect of Amendment 2019 Act No. 1, SECTION 9, in (D), in the first sentence, substituted "President of the Senate" for "President Pro Tempore of the Senate", and made a nonsubstantive change.
S.C. Code Ann. § 1-25-20 — SC Code / Title 1 / Chapter 25 / Section 1-25-20
SECTION 1-25-20. Purpose of project.
Status: in_force

The purposes of the project shall be: A. To provide information and working experience relevant to the discovery of steps needed to provide increased efficiency in the delivery of human services in South Carolina; B. To provide to the Reorganization Commission the information necessary for the commission to examine the organization and functions of the agencies providing human services in the State, and to further consider what reorganization plan or plans the commission shall promulgate under its statutory authority provided in 1-19-20 of the 1976 Code.
S.C. Code Ann. § 1-7-170 — SC Code / Title 1 / Chapter 7 / Article 1 / Section 1-7-170
SECTION 1-7-170. Engaging attorney on fee basis.
Status: in_force

(A) A department or agency of state government may not engage on a fee basis an attorney at law except upon the written approval of the Attorney General and upon a fee as must be approved by him. This section does not apply to the employment of attorneys in special cases in inferior courts when the fee to be paid does not exceed two hundred fifty dollars or exceptions approved by the State Budget and Control Board. This section does not apply to an attorney hired by the General Assembly or the judicial department. (B) A public institution of higher learning shall engage and compensate outside counsel in accordance with policies and procedures adopted by the State Fiscal Accountability Authority for matters of bonded indebtedness, public finance, borrowing, and related financial matters. Code Commissioner's Note At the direction of the Code Commissioner, reference in (A) to the former Budget and Control Board has not been changed pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), until further action by the General Assembly. Reference in (B) to the former Budget and Control Board was changed to the State Fiscal Accountability Authority pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1). Effect of Amendment The 2011 amendment inserted subsection identifier (A) in the first paragraph and added subsection (B) relating to outside counsel.
S.C. Code Ann. § 1-11-135 — SC Code / Title 1 / Chapter 11 / Article 1 / Section 1-11-135
SECTION 1-11-135. Fees for processing revenue bonds.
Status: in_force

To offset the costs incurred by the State in the review and processing of proposals by the governing bodies of counties and municipalities for the issuance or refunding of industrial, hospital, or pollution control revenue bonds or notes, the State Fiscal Accountability Authority may charge a single fee to cover initial processing including any amendments in accord with the following schedule: The revenue received from these fees must be deposited in the General Fund. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 1-11-270 — SC Code / Title 1 / Chapter 11 / Article 1 / Section 1-11-270
SECTION 1-11-270. Division of General Services, Program of Fleet Management; establishment of criteria for individual assignment of motor vehicles.
Status: in_force

(A) The department shall establish criteria for individual assignment of motor vehicles based on the functional requirements of the job, which shall reduce the assignment to situations clearly beneficial to the State. Only the Governor, statewide elected officials, and agency heads are provided a state-owned vehicle based on their position. (B) Law enforcement officers, as defined by the agency head, may be permanently assigned state-owned vehicles by their respective agency head. Agency heads may assign a state-owned vehicle to an employee when the vehicle carries or is equipped with special equipment needed to perform duties directly related to the employee's job, and the employee is either in an emergency response capacity after normal working hours or for logistical reasons it is determined to be in the agency's interest for the vehicle to remain with the employee. No other employee may be permanently assigned to a state-owned vehicle, unless the assignment is cost advantageous to the State under guidelines developed by the State Fleet Manager. Statewide elected officials, law enforcement officers, and those employees who have been assigned vehicles because they are in an emergency response capacity after normal working hours are exempt from reimbursing the State for commuting miles. Other employees operating a permanently assigned vehicle must reimburse the State for commuting between home and work. (C) All persons, except the Governor and statewide elected officials, permanently assigned with automobiles shall log all trips on a log form approved by the board, specifying beginning and ending mileage and job function performed. However, trip logs must not be maintained for vehicles whose gross vehicle weight is greater than ten thousand pounds nor for vehicles assigned to full-time line law enforcement officers. Agency directors and commissioners permanently assigned state vehicles may utilize exceptions on a report denoting only official and commuting mileage in lieu of the aforementioned trip logs. Effect of Amendment 2014 Act No. 121, SECTION 7.E.3, in subsection (A), substituted "department" for "board".
S.C. Code Ann. § 1-30-85 — SC Code / Title 1 / Chapter 30 / Section 1-30-85
SECTION 1-30-85. Department of Probation, Parole and Pardon Services.
Status: in_force

Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and must be administered as part of the Department of Probation, Parole, and Pardon Services: Department of Probation, Pardon and Parole, formerly provided for at Section 24-21-10, et seq.
S.C. Code Ann. § 1-11-705 — SC Code / Title 1 / Chapter 11 / Article 5 / Section 1-11-705
SECTION 1-11-705. South Carolina Retiree Health Insurance Trust fund established; administration.
Status: in_force

(A) There is established in the State Treasury separate and distinct from the general fund of the State and all other funds the South Carolina Retiree Health Insurance Trust Fund (SCRHI Trust Fund) to provide for the employer costs of retiree post-employment health insurance benefits for retired state employees and retired employees of public school districts. Earnings on the SCRHI Trust Fund must be credited to it and unexpended funds carried forward in it to succeeding fiscal years. (B) The board is the trustee of the SCRHI Trust Fund and the State Treasurer is the custodian of the funds of the SCRHI Trust Fund. (C) The employee insurance program shall administer the SCRHI Trust Fund. (D) The employee insurance program shall engage actuarial and other services as required to transact the business of the SCRHI Trust Fund. The actuary engaged by the employee insurance program shall provide technical advice to the board regarding operation of the SCRHI Trust Fund. (E) Upon recommendations of the actuary, the board shall adopt generally accepted and reasonable actuarial assumptions and methods for the operation and funding of the SCRHI Trust Fund as it considers necessary and prudent. The actuarial assumptions and methods adopted by the board must be appropriate for the purposes at hand and must be reasonable, individually and in the aggregate, taking into account the experience of the plan and reasonable expectations. Utilizing the actuarial assumptions most recently adopted by the board, the actuary engaged by the employee insurance program shall set the annual actuarial valuations of normal cost, actuarial liability, actuarial value of assets, and related actuarial present values for the SCRHI Trust Fund. (F) The board may adopt policies and procedures and promulgate regulations as necessary for the proper administration of the SCRHI Trust Fund. (G)(1) The funds of the SCRHI Trust Fund must be invested and reinvested by the State Treasurer in the manner allowed by law. The State Treasurer shall consult with the employee insurance program and the employee insurance program's actuary to develop an annual investment plan for the SCRHI Trust Fund taking into account the cash flow needs of the employee insurance program with regard to payment of the employer share of premiums and claims for covered retirees. (2) Effective beginning with the first fiscal year after the ratification of an amendment to Section 16, Article X of the Constitution of this State allowing funds in post-employment benefits trust funds to be invested in equity securities, the Retirement System Investment Commission (RSIC) established pursuant to Chapter 16 of Title 9, shall invest and reinvest the funds of the SCRHI Trust Fund as assets of a retirement system are invested. The chief investment officer shall consult with the employee insurance program and the employee insurance program's actuary to develop an annual investment plan for the SCRHI Trust Fund taking into account the cash flow needs of the employee insurance program with regard to payment of the employer share of premiums and claims for covered retirees. After the initial fiscal year the RSIC assumes this investing function, the annual investment plan for the SCRHI Trust Fund must be approved by the commission no later than June first of each year for the fiscal year beginning July first of the same calendar year. (H) The board annually shall determine the minimum annual required contributions to the SCRHI Trust Fund on an actuarially sound basis in accordance with Governmental Accounting Standards Board Statement No. 45, or any other Governmental Accounting Standards Board statements that may be applicable to the SCRHI Trust Fund. (I) The board shall fund the SCRHI Trust Fund: (1) through the employer contributions for the South Carolina Retirement Systems as provided in Section 1-11-710(A)(2). The total employer contributions collected from the State and school districts for post-employment benefits must be transferred immediately to the SCRHI Trust Fund for investment, reinvestment, and the payment of post-employment benefits; (2) by transfer of the Employee Insurance Program as of January thirty-first of each calendar year to the trust fund from the employee insurance program's operating account, the cash balance in the operating account in excess of one hundred forty percent of the actuarially-determined IBNR reserves of the state's health plans as of December thirty-first of the preceding year. On May 1, 2008, an initial transfer must take place applicable to the cash balance as of December 31, 2007; and (3) with funding as authorized by the General Assembly pursuant to Section 1-11-710(D). (J) Each month, the employee insurance program shall determine the monthly amount of the state-funded employer premium with respect to retired state employees and retired public school district employees who are eligible for state-paid employer premiums pursuant to Section 1-11-730, and shall transfer this amount to the operating account from the SCRHI Trust Fund. In addition, the employee insurance program shall transfer the total cost of post-employment benefits for retirees and their dependents, net of premium contributions made on behalf of retirees and other sources of revenue attributable to retirees, in accordance with Governmental Accounting Standards Board Statements Nos. 43 and 45 and the Implementation Guide. (K) The funds of the SCRHI Trust Fund may only be used for the payment of employer-provided other post-employment benefits under the terms of the state health and dental plans. The administrative costs related to the administration of the SCRHI Trust Fund, and the investment and reinvestment of its funds, may be funded from the earnings of the SCRHI Trust Fund. (L) As a trust, the funds of the SCRHI Trust Fund are not assets of the State or the school districts or their respective agencies. The contributions to the SCRHI Trust Fund are irrevocable and may not revert to the employer except upon complete satisfaction of all liabilities and administrative expenses of the state health and dental plans of other post-employment benefits provided pursuant to the state health and dental plans. Editor's Note 2008 Act No. 195, SECTION 7, provides as follows: "The Code Commissioner shall insert the effective date of this act [May 1, 2008] for the phrase 'reference date' where it appears in Section 1-11-705 of the 1976 Code as added by this act and in Section 1-11-730 of the 1976 Code as amended by this act." 2008 Act No. 195, SECTION 8, provides as follows: "This act takes effect on the first day of the month following the month during which this act is approved by the Governor [approved April 2, 2008]." 2012 Act No. 278, Pt IV, Subpt 3, SECTION 65(C), provides as follows: "(C) The Code Commissioner is directed to change or correct all references to the Employee Insurance Program, the Retirement Division, and the Deferred Compensation Commission to reflect its transfer to the South Carolina Public Employee Benefit Authority. References to the name of the Employee Insurance Program, the Retirement Division, and the Deferred Compensation Commission in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate references."
S.C. Code Ann. § 1-11-20 — SC Code / Title 1 / Chapter 11 / Article 1 / Section 1-11-20
SECTION 1-11-20. Transfer of offices, divisions, other agencies from State Budget and Control Board to appropriate entities.
Status: in_force

(A) The South Carolina Confederate Relic Room and Military Museum is transferred from the State Budget and Control Board and is governed by the South Carolina Confederate Relic Room and Military Museum Commission, as established in Section 60-17-10. (B) The State Energy Office is transferred from the State Budget and Control Board to the Office of Regulatory Staff. (C) The offices, divisions, or components of the State Budget and Control Board named in this subsection are transferred to, and incorporated into, the Rural Infrastructure Authority as established in Section 11-50-30. All functions, powers, duties, responsibilities, and authority vested in the agencies and authorities, including their governing boards, if any, named in this subsection are devolved upon the Rural Infrastructure Authority and the authority shall constitute the agencies and authorities, including their governing boards, if any, named in this subsection: (1) Local Government Division in support of the local government loan program as established in Section 1-11-25; (2) Water Resources Coordinating Council as established in Section 11-37-200(A); and (3) Division of Regional Development as established in Section 11-42-40. (D) The regulation of minerals and mineral interests on public land, and the regulation of Geothermal Resources as provided in Chapter 9, Title 10 is transferred to, and incorporated into, the Department of Health and Environmental Control. (E) The Procurement Services Division of the State Budget and Control Board is transferred to, and incorporated into, the State Fiscal Accountability Authority. (F) The State Auditor is transferred to, and incorporated into, the State Fiscal Accountability Authority. (G) South Carolina Infrastructure Facilities Authority as established in Chapter 40, Title 11 and the South Carolina Water Quality Revolving Fund Authority in support of water quality projects and federal loan programs as established in Chapter 5, Title 48 are transferred to, and incorporated into, the State Fiscal Accountability Authority. Effect of Amendment The 2005 amendment made nonsubstantive changes in the first sentence and rewrote the second sentence which formerly read "The State Auditor shall be the director of the Finance Division, ex officio, and the directors of the other divisions shall be employed by the State Budget and Control Board for such time and compensation, not greater than the term and compensation for the State Auditor, as shall be fixed by the Board in its judgment". 2014 Act No. 121, SECTION 4.B, rewrote the section.
S.C. Code Ann. § 1-6-30 — SC Code / Title 1 / Chapter 6 / Section 1-6-30
SECTION 1-6-30. Powers of the State Inspector General.
Status: in_force

The State Inspector General may: (1) initiate, supervise, and coordinate investigations authorized by this chapter; (2) recommend policies and carry out other activities designed to deter, detect, and eradicate fraud, waste, abuse, mismanagement, misconduct, violations of state or federal law, and wrongdoing in state government; (3) receive complaints alleging a violation of a statute or rule relating to the purchase of goods or services by a current or former employee, state officer, special state appointee, or person who has a business relationship with an agency; (4) receive complaints from any individual, including those employed by any agency, alleging fraud, waste, abuse, mismanagement, misconduct, violations of state or federal law, and wrongdoing in an agency; (5) adopt rules and regulations for administering the Office of the State Inspector General; (6) offer every employee, state officer, special state appointee, and person who has a business relationship with an agency training in the Rules of Conduct pursuant to Article 7, Chapter 13, Title 8 of the South Carolina Code of Laws; (7) provide advice to an agency on developing, implementing, and enforcing policies and procedures to prevent or reduce the risk of fraudulent or wrongful acts within the agency; (8) recommend legislation to the Governor and General Assembly to strengthen public integrity laws; and (9) annually submit a report to the Governor, President of the Senate, and Speaker of the House of Representatives detailing the State Inspector General's activities. Effect of Amendment 2019 Act No. 1, SECTION 3, in (9), substituted "President of the Senate" for "President Pro Tempore of the Senate".
S.C. Code Ann. § 1-11-10 — SC Code / Title 1 / Chapter 11 / Article 1 / Section 1-11-10
SECTION 1-11-10. Department of Administration established; transfer of offices, divisions, other agencies.
Status: reserved

(A) There is hereby created, within the executive branch of the state government, the Department of Administration, headed by a director appointed by the Governor upon the advice and consent of the Senate who only may be removed pursuant to Section 1-3-240(B). Effective July 1, 2015, the following offices, divisions, or components of the former State Budget and Control Board, Office of the Governor, or other agencies are transferred to, and incorporated into, the Department of Administration: (1) the Division of General Services, including Business Operations, Facilities Management, State Building and Property Services, and Agency Services, including surplus property, intrastate mail, parking, state fleet management, except that the Division of General Services shall not be transferred to the Department of Administration until the Director of the Department of Administration enters into a memorandum of understanding with appropriate officials of applicable legislative and judicial agencies or departments meeting the requirements of this subsection. There shall be a single memorandum of understanding involving the Department of Administration and the legislative and judicial branches with appropriate officials of each to be signatories to the memorandum of understanding. (a) The memorandum of understanding shall provide for: (i) continued use of existing office space; (ii) a method for the allocation of new, additional, or different office space; (iii) adequate parking; (iv) a method for the allocation of new, additional, or different parking; (v) the provision of appropriate levels of electrical, mechanical, maintenance, energy management, fire protection, custodial, project management, safety and building renovation, and other services currently provided by the General Services Division of the State Budget and Control Board; (vi) the provision of water, electricity, steam, and chilled water to the offices, areas, and facilities occupied by the applicable agencies; (vii) the ability for each agency or department to maintain building access control for its allocated office space; and (viii) access control for the Senate and House chambers and courtrooms as appropriate. (b) The parties may modify the memorandum of understanding by mutual consent at any time. (c) The General Services Division must provide the services described in subsection (a) and any other maintenance and support, at a level that is greater than or equal to what is provided prior to the effective date of this act, to each building on the Capitol Complex, including the Supreme Court, without charge. The General Services Division must coordinate with the appropriate officials of applicable legislative and judicial agencies or departments when providing these services to the buildings and areas controlled by those agencies; (2) the State Office of Human Resources; (3) the Guardian Ad Litem Program as established in Article 5, Chapter 11, Title 63; (4) the Office of Economic Opportunity, the office designated by the Governor to be the state administering agency that is responsible for the receipt and distribution of the federal funds as allocated to South Carolina for the implementation of Title VI, Public Law 97-35; (5) Deleted; (6) the Continuum of Care for Emotionally Disturbed Children as established in Article 13, Chapter 11, Title 63; (7) the Division for Review of the Foster Care of Children as established by Article 7, Chapter 11, Title 63; (8) Deleted; (9) Reserved; (10) the Department of Veterans' Affairs as established by Chapter 11, Title 25; (11) the Commission on Women as established by Chapter 15, Title 1; (12) the Governor's Office of Ombudsman; (13) the Division of Small and Minority Business Contracting and Certification, as established pursuant to Article 21, Chapter 35, Title 11, formerly known as the Small and Minority Business Assistance Office; (14) the Division of State Information Technology, including the Data Center, Telecommunications and Information Technology Services, the South Carolina Enterprise Information System, and the Division of Information Security; and (15) the Nuclear Advisory Council as established in Article 9, Chapter 7, Title 13. (B)(1) The Division of State Information Technology must submit the Statewide Strategic Information Technology Plan to the Director of the Department of Administration by September 1, 2015, and biennially thereafter. The director shall review the Statewide Strategic Information Technology Plan and recommend to the Governor priorities for state government enterprise information technology projects and resource requirements. The director also shall review information technology spending by state agencies and evaluate whether greater efficiencies, more effective services, and cost savings can be achieved through streamlining, standardizing, and consolidating agency information technology. (2) All oversight concerning the South Carolina Enterprise Information System must remain as provided in Chapter 53, Title 11. (C) The Department of Administration shall use the existing resources of each division, insofar as it promotes efficiency and effectiveness, transferred to the department including, but not limited to, funding, personnel, equipment, and supplies from the board's administrative support units, including, but not limited to, the Office of the Executive Director, Office of General Counsel, and the Office of Internal Operations. "Funding" means state, federal, and other funds. Vacant FTEs at the State Budget and Control Board also may be used to fill needed positions at the department. No new FTEs may be assigned to the department without authorization from the General Assembly. (D) No later than December 31, 2015, the department's director shall submit a report to the President of the Senate and the Speaker of the House of Representatives that contains an analysis of and recommendations regarding the most appropriate organizational placement for each component of the Office of Executive Policy and Programs as of the effective date of this act. The department shall solicit input from and consider the recommendation of affected constituencies while developing its report. (E) The Department of Administration shall, during the absence of the Governor from Columbia, be placed in charge of the records and papers in the executive chamber kept pursuant to Section 1-3-30. Code Commissioner's Note At the direction of the Code Commissioner, the amendments made by 2017 Act No. 52 and 2017 Act No. 96 were read together. Pursuant to the directive to the Code Commissioner in 2019 Act No. 26, SECTION 4(C), references to the Division of Veterans' Affairs were changed to reflect the transfer of it to the Department of Veterans' Affairs. Editor's Note 2018 Act No. 160, SECTIONS 18.A and 18.B, provide as follows: "SECTION 18. A. Where the provisions of this act transfer duties, programs, or services of the Department of Administration to the Department of Children's Advocacy, the employees, authorized appropriations, and assets and liabilities of these divisions, services, and programs also are transferred to and become part of the Department of Children's Advocacy. All classified or unclassified personnel employed by the divisions, programs, services, or initiatives transferred from the Department of Administration, either by contract or by employment at will, become on July 1, 2019, employees of the Department of Children's Advocacy, with the same compensation, classification, and grade level, as applicable. Before the transfer of the applicable divisions, programs, services, or initiatives of the Department of Administration pursuant to this act, these agencies and organizations shall cause all necessary actions to be taken to accomplish this transfer in accordance with state and federal laws and regulations." "B. Applicable regulations promulgated by the Department of Administration are continued and are considered to be promulgated by the Department of Children's Advocacy. Applicable contracts entered into by the Department of Administration are continued and are considered to be devolved upon the Department of Children's Advocacy at the time of the transfer." Effect of Amendment 2014 Act No. 121, SECTION 4A, rewrote the section. 2017 Act No. 52, SECTION 8, reserved (A)(9), which had related to "the Client Assistance Program". 2017 Act No. 96, Pt. I SECTION 3, in (A), deleted (12) and (13), relating to the Office of Victims Assistance and the Crime Victims' Ombudsman, and redesignated accordingly. 2018 Act No. 160, SECTION 14, in (A), deleted (5), which related to the Developmental Disabilities Council. 2018 Act No. 160, SECTION 16, in (A), deleted (8), which related to the Children's Case Resolution System. 2019 Act No. 1, SECTION 96, in (D), in the first sentence, substituted "President of the Senate" for "President Pro Tempore of the Senate".
S.C. Code Ann. § 1-15-50 — SC Code / Title 1 / Chapter 15 / Section 1-15-50
SECTION 1-15-50. Cooperation.
Status: in_force

All executive departments and agencies of the State government shall cooperate with the Commission in the performance of its duties.
S.C. Code Ann. § 1-17-50 — SC Code / Title 1 / Chapter 17 / Section 1-17-50
SECTION 1-17-50. Duties of Commission.
Status: in_force

The South Carolina Commission on Interstate Cooperation shall encourage and arrange conferences with officials of other states and of other units of government, carry forward the participation of this State as a member of the council of state governments, both regionally and nationally, and formulate proposals for cooperation between this State and other states.
S.C. Code Ann. § 1-7-750 — SC Code / Title 1 / Chapter 7 / Article 5 / Section 1-7-750
SECTION 1-7-750. Circuit solicitors authorized to employ outside counsel.
Status: in_force

A circuit solicitor may employ outside counsel, in his discretion, without approval of the Attorney General, for civil forfeiture proceedings arising from criminal activity or from estreatment of bail bonds. In any other matter, the circuit solicitor must obtain written approval of the Attorney General prior to retaining counsel to or filing a civil cause of action. Editor's Note 2011 Act No. 52, SECTION 7, provides as follows: "SECTION 7. This act takes effect January 1, 2012, and applies to all actions that accrue on or after the effective date except the provisions of SECTION 3 do not apply to any matter pending on the effective date of this act."
S.C. Code Ann. § 1-7-940 — SC Code / Title 1 / Chapter 7 / Article 7 / Section 1-7-940
SECTION 1-7-940. Duties.
Status: in_force

(A) The commission has the following duties: (1) coordinate all administrative functions of the offices of the solicitors and any affiliate services operating in conjunction with the solicitors' offices; (2) submit the budgets of the solicitors and their affiliate services to the General Assembly; (3) encourage and develop legal education programs and training programs for solicitors and their affiliate services, organize and provide seminars to help increase the effectiveness and efficiency of the prosecution of criminal cases in this State, and act as a clearinghouse and distribution source for publications involving solicitors and their affiliate services and provide legal updates on matters of law affecting the prosecution of cases in this State; (4) provide blank indictments for the circuit solicitors. (B) Nothing in this section may be construed to displace or otherwise affect the functions and responsibilities of the State Victim/Witness Assistance Program as established in Section 16-3-1410.
S.C. Code Ann. § 1-23-125 — SC Code / Title 1 / Chapter 23 / Article 1 / Section 1-23-125
SECTION 1-23-125. Approval, disapproval and modification of regulations.
Status: in_force

(A) The legislative committee to which a regulation is submitted is not authorized to amend a particular regulation and then introduce a joint resolution approving the regulation as amended; however, this provision does not prevent the introduction of a resolution disapproving one or more of a group of regulations submitted to the committee and approving others submitted at the same time or deleting a clearly separable portion of a single regulation and approving the balance of the regulation in the committee resolution. (B) If a majority of a committee determines that it cannot approve a regulation in the form submitted, it shall notify the promulgating agency in writing along with its recommendations as to changes that would be necessary to obtain committee approval. The agency may: (1) withdraw the regulation from the General Assembly and resubmit it with the recommended changes to the Speaker and the President of the Senate, but any regulation not resubmitted within thirty days is considered permanently withdrawn; (2) withdraw the regulation permanently; or (3) take no action and abide by whatever action is taken or not taken by the General Assembly on the regulation concerned. (C) The notification tolls the one-hundred-ten-day legislative review period for automatic approval, and when an agency withdraws regulations from the General Assembly prior to the time a committee resolution to approve or disapprove the regulation has been introduced, the remainder of the period begins to run only on the date the regulations are resubmitted to the General Assembly. Upon resubmission of the regulations, additional days must be added to the days remaining in the legislative review period for automatic approval, if less than twenty days, to equal twenty days, and a copy of the amended regulation must be given to each member of the committee. If an agency decides to take no action pursuant to subsection (B)(3), it shall notify the committee in writing, and the remainder of the period begins to run only upon this notification. (D) This section, as it applies to approval, disapproval, or modification of regulations, only applies to joint resolutions introduced by the committees to which regulations are submitted. (E) A regulation submitted to the General Assembly for review may be withdrawn by the agency for any reason. The regulation may be resubmitted by the agency for legislative review during the legislative session without repeating the requirements of Section 1-23-110, 1-23-111, or 1-23-115 if the resubmitted regulation contains no substantive changes from the previously submitted version. Editor's Note 2007 Act No. 104, SECTION 5, provides as follows: "This act takes effect July 1, 2008, and applies to regulations for which a notice of a public hearing has been published in the State Register, in accordance with Section 1-23-110(A)(3) of the 1976 Code, after June 30, 2008; all other regulations under General Assembly review on this act's effective date must be processed and reviewed in accordance with the law in effect on June 30, 2008." 2025 Act No. 13, SECTION 6, provides as follows: "The provisions of Chapter 23, Title 1, as amended by this act, are applicable to regulations filed with the President of the Senate and Speaker of the House of Representatives on and after January 14, 2025." Effect of Amendment The 2007 amendment, in subsection (A), deleted the last sentence relating to withdrawal or modification of a regulation under legislative review and rewrote subsection (E) which required public comment on regulations containing a substantive change. 2019 Act No. 1, SECTION 82, in (B)(1), substituted "President of the Senate" for "Lieutenant Governor", and made a nonsubstantive change. 2019 Act No. 1, SECTION 83, in (D), substituted "only applies to joint resolutions introduced by the committees to which regulations are submitted" for "does not apply to joint resolutions introduced by other than the committees to which regulations are initially referred by the Lieutenant Governor or the Speaker of the House of Representatives". 2025 Act No. 13, SECTION 5, in (C), in the first sentence, substituted "one-hundred-ten-day legislative review period" for "one-hundred-twenty-day period", in the second sentence, inserted "legislative" preceding "review period", and made a nonsubstantive change.
S.C. Code Ann. § 1-23-500 — SC Code / Title 1 / Chapter 23 / Article 5 / Section 1-23-500
SECTION 1-23-500. South Carolina Administrative Law Court created; number of judges.
Status: in_force

There is created the South Carolina Administrative Law Court, which is an agency and a court of record within the executive branch of the government of this State. The court shall consist of a total of six administrative law judges. The administrative law judges shall be part of the state employees retirement system. Effect of Amendment The 2004 amendment deleted the designation preceding former subsection (A) and rewrote the paragraph, substituting "Administrative Law Court" for "Administrative Law Judge Division", and deleted subsection (B) relating to a feasibility study by the Judicial Council.
S.C. Code Ann. § 1-1-20 — SC Code / Title 1 / Chapter 1 / Article 1 / Section 1-1-20
SECTION 1-1-20. Effect of change of State boundary on bordering lands.
Status: in_force

Whenever the location of the State line has been or may be re-established and corrected by competent authority, the lines of bordering lands which were established and fixed according to the previous location of the State line shall not be changed by reason of such re-establishment and correction of the State line.
S.C. Code Ann. § 1-1-620 — SC Code / Title 1 / Chapter 1 / Article 9 / Section 1-1-620
SECTION 1-1-620. Official State stone.
Status: in_force

Blue granite is the official stone of the State.
S.C. Code Ann. § 1-11-420 — SC Code / Title 1 / Chapter 11 / Article 1 / Section 1-11-420
SECTION 1-11-420. Reports to State Budget and Control Board.
Status: in_force

All institutions, departments, and agencies shall file an annual report with the board at the time the board specifies. The board shall prescribe specifications and deadlines as are practicable for the reports, the objective being to limit the content and style of printing, and thus keep the cost of their publication within reasonable limits. The board shall have the reports printed and made available on or before January first to each member of the General Assembly at his request and to the State Library. The board shall report annually to the General Assembly on the expenditure of appropriations for the reports showing, by departments, the number of copies and cost of publication. State agency annual reports required under the provisions of this section and reports to the General Assembly may not be printed in a multicolor format unless that format can be purchased at the cost of black and white printing, nor may these reports contain pictures of board or commission members, agency officers, or employees.
S.C. Code Ann. § 1-3-40 — SC Code / Title 1 / Chapter 3 / Article 1 / Section 1-3-40
SECTION 1-3-40. Private secretary of Governor.
Status: in_force

The Governor shall be allowed a private secretary, to be appointed by him, who shall under the direction of the Governor keep an accurate record under proper dates of all transactions, opinions and other official matters and acts occurring during his period of office. Said record shall, under certain restrictions, be open to the inspection of the members of the General Assembly. He shall also perform such clerical and other duties as may be required of him by the Governor, in connection with the duties of the office of Governor.
S.C. Code Ann. § 1-18-60 — SC Code / Title 1 / Chapter 18 / Section 1-18-60
SECTION 1-18-60. Recommendations to General Assembly.
Status: in_force

In making its recommendations to the General Assembly, the commission may recommend that no regulation be created, that regulations be assigned to an existing board, agency, or commission, or that a new board be established. If registration or licensure is recommended, the commission shall recommend what qualifications are specified for the registration or licensure and describe the activities that may be engaged in by persons pursuing the occupation.
S.C. Code Ann. § 1-23-110 — SC Code / Title 1 / Chapter 23 / Article 1 / Section 1-23-110
SECTION 1-23-110. Procedures for publication of notice of proposed promulgation of regulations; public participation; contest of regulation for procedural defects.
Status: in_force

(A) Before the promulgation, amendment, or repeal of a regulation, an agency shall: (1) give notice of a drafting period by publication of a notice in the State Register. The notice must include: (a) the address to which interested persons may submit written comments during the initial drafting period before the regulations are submitted as proposed; (b) a synopsis of what the agency plans to draft; (c) the agency's statutory authority for promulgating the regulation; (2) submit to the office, no later than the date the notice required in item (3) is published in the State Register, a preliminary assessment report prepared in accordance with Section 1-23-115 on regulations having a substantial economic impact; (3) give notice of a public hearing at which the agency will receive data, views, or arguments, orally and in writing, from interested persons on proposed regulations by publication of a notice in the State Register if requested by twenty-five persons, by a governmental subdivision or agency, or by an association having not less than twenty-five members. The notice must include: (a) the address to which written comments must be sent and the time period of not less than thirty days for submitting these comments; (b) the date, time, and place of the public hearing which must not be held sooner than thirty days from the date the notice is published in the State Register; (c) a narrative preamble and the text of the proposed regulation. The preamble shall include a section-by-section discussion of the proposed regulation and a justification for any provision not required to maintain compliance with federal law including, but not limited to, grant programs; (d) the statutory authority for its promulgation; (e) a preliminary fiscal impact statement prepared by the agency reflecting estimates of costs to be incurred by the State and its political subdivisions in complying with the proposed regulation. A preliminary fiscal impact statement is not required for those regulations which are not subject to General Assembly review under Section 1-23-120; (f) a summary of the preliminary assessment report submitted by the agency to the office and notice that copies of the preliminary report are available from the agency. The agency may charge a reasonable fee to cover the costs associated with this distribution requirement. A regulation that does not require an assessment report because it does not have a substantial economic impact, must include a statement to that effect. A regulation exempt from filing an assessment report pursuant to Section 1-23-115(E) must include an explanation of the exemption; (g) statement of the need and reasonableness of the regulation as determined by the agency based on an analysis of the factors listed in Section 1-23-115(C)(1) through (11). At no time is an agency required to include items (4) through (8) in the reasonableness and need determination. However, comments related to items (4) through (8) received by the agency during the public comment periods must be made part of the official record of the proposed regulations. (h) the location where a person may obtain from the agency a copy of the detailed statement of rationale as required by this item. For new regulations and significant amendments to existing regulations, an agency shall prepare and make available to the public upon request a detailed statement of rationale which shall state the basis for the regulation, including the scientific or technical basis, if any, and shall identify any studies, reports, policies, or statements of professional judgment or administrative need relied upon in developing the regulation. This subitem does not apply to regulations which are not subject to General Assembly review under Section 1-23-120. (B) Notices required by this section must be mailed by the promulgating agency to all persons who have made timely requests of the agency for advance notice of proposed promulgation of regulations. (C)(1) The agency shall consider fully all written and oral submissions respecting the proposed regulation. (2) Following the public hearing and consideration of all submissions, an agency must not submit a regulation to the General Assembly for review if the regulation contains a substantive change in the content of regulation as proposed pursuant to subsection (A)(3) and the substantive change was not raised, considered, or discussed by public comment received pursuant to this section. The agency shall refile such a regulation for publication in the State Register as a proposed regulation pursuant to subsection (A)(3). (D) A proceeding to contest a regulation on the ground of noncompliance with the procedural requirements of this section must be commenced within one year from the effective date of the regulation. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1). Editor's Note 2007 Act No. 104, SECTION 5, provides as follows: "This act takes effect July 1, 2008, and applies to regulations for which a notice of a public hearing has been published in the State Register, in accordance with Section 1-23-110(A)(3) of the 1976 Code, after June 30, 2008; all other regulations under General Assembly review on this act's effective date must be processed and reviewed in accordance with the law in effect on June 30, 2008." Effect of Amendment The 2007 amendment designated paragraph (C)(1) and added paragraph (C)(2) relating to regulations containing substantive changes.
S.C. Code Ann. § 1-11-770 — SC Code / Title 1 / Chapter 11 / Article 5 / Section 1-11-770
SECTION 1-11-770. South Carolina 211 Network.
Status: in_force

(A) Subject to appropriations, the General Assembly authorizes the board to plan, develop, and implement a statewide South Carolina 211 Network, which must serve as the single point of coordination for information and referral for health and human services. The objectives for establishing the South Carolina 211 Network are to: (1) provide comprehensive and cost-effective access to health and human services information; (2) improve access to accurate information by simplifying and enhancing state and local health and human services information and referral systems and by fostering collaboration among information and referral systems; (3) electronically connect local information and referral systems to each other, to service providers, and to consumers of information and referral services; (4) establish and promote standards for data collection and for distributing information among state and local organizations; (5) promote the use of a common dialing access code and the visibility and public awareness of the availability of information and referral services; (6) provide a management and administrative structure to support the South Carolina 211 Network and establish technical assistance, training, and support programs for information and referral-service programs; (7) test methods for integrating information and referral services with local and state health and human services programs and for consolidating and streamlining eligibility and case-management processes; (8) provide access to standardized, comprehensive data to assist in identifying gaps and needs in health and human services programs; and (9) provide a unified systems plan with a developed platform, taxonomy, and standards for data management and access. (B) In order to participate in the South Carolina 211 Network, a 211 provider must be certified by the board. The board must develop criteria for certification and must adopt the criteria as regulations. (1) If any provider of information and referral services or other entity leases a 211 number from a local exchange company and is not certified by the agency, the agency shall, after consultation with the local exchange company and the Public Service Commission, request that the Federal Communications Commission direct the local exchange company to revoke the use of the 211 number. (2) The agency shall seek the assistance and guidance of the Public Service Commission and the Federal Communications Commission in resolving any disputes arising over jurisdiction related to 211 numbers. Effect of Amendment The 2012 amendment substituted "board" for "State Budget and Control Board".
S.C. Code Ann. § 1-30-60 — SC Code / Title 1 / Chapter 30 / Section 1-30-60
SECTION 1-30-60. Department of Juvenile Justice.
Status: in_force

Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Juvenile Justice: Department of Youth Services, formerly provided for at Section 20-7-6805, et seq. Code Commissioner's Note The second paragraph was restored at the direction of the Code Commissioner in 2013 to correct the inadvertent omission of that text.
S.C. Code Ann. § 1-7-710 — SC Code / Title 1 / Chapter 7 / Article 5 / Section 1-7-710
SECTION 1-7-710. Defense of persons claiming under State.
Status: in_force

In all cases wherein the right of the State may be involved, the persons claiming under the State shall call on the Attorney General, or on the solicitors in their respective districts, to defend the right of the State; on failure whereof, the record of such case shall not be adduced as evidence to substantiate any claim against the State.
S.C. Code Ann. § 1-7-460 — SC Code / Title 1 / Chapter 7 / Article 3 / Section 1-7-460
SECTION 1-7-460. Assistant solicitors for fifth judicial circuit.
Status: in_force

The circuit solicitor of the fifth judicial circuit may appoint competent attorneys, who are residents of the circuit, as assistant solicitors who shall perform any and all of the duties and functions imposed by law upon the circuit solicitor as the solicitor shall authorize, designate and direct. The solicitor shall designate in which county of the circuit such assistant solicitors shall perform their duties. The assistant solicitors shall be appointed by the solicitor to serve for the same term as the solicitor. The assistant solicitors performing services in Kershaw County shall receive as compensation for their services such annual salary as may be provided by the Kershaw County Council and the assistant solicitors performing services in Richland County shall receive as compensation for their services such annual salary as may be provided by the Richland County Council.
S.C. Code Ann. § 1-7-930 — SC Code / Title 1 / Chapter 7 / Article 7 / Section 1-7-930
SECTION 1-7-930. Vacancies.
Status: in_force

If a vacancy occurs, it must be filled for the remainder of the term in the same manner as the initial appointment.
S.C. Code Ann. § 1-23-510 — SC Code / Title 1 / Chapter 23 / Article 5 / Section 1-23-510
SECTION 1-23-510. Election of judges; terms.
Status: in_force

(A) The judges of the division must be elected by the General Assembly in joint session, for a term of five years and until their successors are elected and qualify; provided, that of those judges initially elected, the chief judge, elected to Seat 1 must be elected for a term of five years, the judge elected to Seat 2 must be elected for a term of three years, the judge elected to Seat 3 must be elected for a term of one year. The remaining judges of the division must be elected for terms of office to begin February 1, 1995, for terms of five years and until their successors are elected and qualify; provided, that those judges elected to seats whose terms of office are to begin on February 1, 1995, to Seat 4 must be initially elected for a term of five years, the judge elected to Seat 5 must be initially elected for a term of three years, and the judge elected to Seat 6 must be initially elected for a term of one year. The terms of office of the judges of the division for Seats 1, 2, and 3 shall begin on March 1, 1994. The terms of office of the judges of the division for Seats 4, 5, and 6 shall begin on February 1, 1995. The terms of office of each of the seats shall terminate on the thirtieth day of June in the final year of the term for the respective seats. (B) In electing administrative law judges, race, gender, and other demographic factors including age, residence, type of practice, and law firm size should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State. (C) Before election as an administrative law judge, a candidate must undergo screening pursuant to the provisions of Section 2-19-10, et seq. (D) Each seat on the division must be numbered. Elections are required to be for a specific seat. The office of chief administrative law judge is a separate and distinct office for the purpose of an election. (E) In the event that there is a vacancy in the position of the chief administrative law judge or for any reason the chief administrative law judge is unable to act, his powers and functions must be exercised by the most senior administrative law judge as determined by the date of their election to the division.
S.C. Code Ann. § 1-1-701 — SC Code / Title 1 / Chapter 1 / Article 9 / Section 1-1-701
SECTION 1-1-701. Official State spider.
Status: in_force

The "Carolina Wolf Spider", Hogna carolinensis, is designated as the official state spider.
S.C. Code Ann. § 1-23-380 — SC Code / Title 1 / Chapter 23 / Article 3 / Section 1-23-380
SECTION 1-23-380. Judicial review upon exhaustion of administrative remedies.
Status: in_force

A party who has exhausted all administrative remedies available within the agency and who is aggrieved by a final decision in a contested case is entitled to judicial review pursuant to this article and Article 1. This section does not limit utilization of or the scope of judicial review available under other means of review, redress, relief, or trial de novo provided by law. A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency decision would not provide an adequate remedy. Except as otherwise provided by law, an appeal is to the court of appeals. (1) Proceedings for review are instituted by serving and filing notice of appeal as provided in the South Carolina Appellate Court Rules within thirty days after the final decision of the agency or, if a rehearing is requested, within thirty days after the decision is rendered. Copies of the notice of appeal must be served upon the agency and all parties of record. (2) Except as otherwise provided in this chapter, the serving and filing of the notice of appeal does not itself stay enforcement of the agency decision. The serving and filing of a notice of appeal by a licensee for review of a fine or penalty or of its license stays only those provisions for which review is sought and matters not affected by the notice of appeal are not stayed. The serving or filing of a notice of appeal does not automatically stay the suspension or revocation of a permit or license authorizing the sale of beer, wine, or alcoholic liquor. The agency may grant, or the reviewing court may order, a stay upon appropriate terms, upon the filing of a petition under Rule 65 of the South Carolina Rules of Civil Procedure. (3) If a timely application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional evidence and shall file the evidence and modifications, new findings, or decisions with the reviewing court. (4) The review must be conducted by the court and must be confined to the record. In cases of alleged irregularities in procedure before the agency, not shown in the record, and established by proof satisfactory to the court, the case may be remanded to the agency for action as the court considers appropriate. (5) The court may not substitute its judgment for the judgment of the agency as to the weight of the evidence on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: (a) in violation of constitutional or statutory provisions; (b) in excess of the statutory authority of the agency; (c) made upon unlawful procedure; (d) affected by other error of law; (e) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. Editor's Note 2006 Act No. 387, SECTION 53, provides as follows: "This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling." 2006 Act No. 387, SECTION 57, provides as follows: "This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review." Effect of Amendment The 2006 amendment rewrote this section to provide for review by an administrative law judge and appeal to the South Carolina Court of Appeals. The 2008 amendment deleted subsection (B) relating to review by an administrative law judge of a final decision in a contested case; deleted the designation of the first paragraph as subsection (A) and at the end of the first sentence substituted "pursuant to this article and Article 1" for "under this article, Article 1, and Article 5"; in paragraph (1) deleted ", the Administrative Law Court," following "agency"; in the fourth sentence of paragraph (2) deleted "or administrative law judge" following "agency"; and in the second sentence of paragraph (4) deleted "or the Administrative Law Court" following "agency" in two places.
S.C. Code Ann. § 1-11-707 — SC Code / Title 1 / Chapter 11 / Article 5 / Section 1-11-707
SECTION 1-11-707. South Carolina Long Term Disability Insurance Trust Fund established; administration.
Status: in_force

(A) There is established in the State Treasury separate and distinct from the general fund of the State and all other funds the South Carolina Long Term Disability Insurance Trust Fund (LTDI Trust Fund) to provide for the payment of benefits under the state's Basic Long Term Disability Income Benefit Plan. Earnings on the LTDI Trust Fund must be credited to it and unexpended funds carry forward in it to succeeding fiscal years. (B) The board is the trustee of the LTDI Trust Fund and the State Treasurer is the custodian of the funds of the LTDI Trust Fund. (C) The employee insurance program shall administer the LTDI Trust Fund. (D) The employee insurance program shall engage actuarial and other services as required to transact the business of the LTDI Trust Fund. The actuary engaged by the employee insurance program shall provide technical advice to the board regarding operation of the LTDI Trust Fund. (E) Upon recommendations of the actuary, the board shall adopt generally accepted and reasonable actuarial assumptions and methods for the operation and funding of the LTDI Trust Fund as it considers necessary and prudent. The actuarial assumptions and methods adopted by the board must be appropriate for the purposes at hand and must be reasonable, individually and in the aggregate, taking into account the experience of the plan and reasonable expectations. Utilizing the actuarial assumptions most recently adopted by the board, the actuary engaged by the employee insurance program shall set the annual actuarial valuations of normal cost, actuarial liability, actuarial value of assets, and related actuarial present values for the LTDI Trust Fund. (F) The board may adopt policies and procedures and promulgate regulations as necessary for the proper administration of the LTDI Trust Fund. (G)(1) The funds of the LTDI Trust Fund must be invested and reinvested by the State Treasurer in the manner allowed by law. The State Treasurer shall consult with the employee insurance program and the employee insurance program's actuary to develop an annual investment plan for the LTDI Trust Fund taking into account the cash flow needs of the employee insurance program with regard to payment of the employer share of premiums and claims for covered retirees. (2) Effective beginning with the first fiscal year after the ratification of an amendment to Section 16, Article X of the Constitution of this State allowing funds in post-employment benefits trust funds to be invested in equity securities, the Retirement System Investment Commission (RSIC) established pursuant to Chapter 16 of Title 9, shall invest and reinvest the funds of the LTDI Trust Fund as assets of a retirement system are invested. The chief investment officer shall consult with the employee insurance program and the employee insurance program's actuary to develop an annual investment plan for the LTDI Trust Fund taking into account the cash flow needs of the employee insurance program with regard to payment of the employer share of premiums and claims for covered retirees. After the initial fiscal year the RSIC assumes this investing function, the annual investment plan for the LTDI Trust Fund must be approved by the commission no later than June first of each year for the fiscal year beginning July first of the same calendar year. (H) The board annually shall determine the minimum annual required contributions to the LTDI Trust Fund on an actuarially sound basis in accordance with Governmental Accounting Standards Board Statement No. 45, or any other Governmental Accounting Standards Board statements that may be applicable to the LTDI Trust Fund. (I) The board shall increase the employer contributions used to fund the BLTD Plan by an amount equal to or greater than the minimum annual required contribution for the LTDI Trust Fund as determined in subsection (H) of this section. The increased employer contributions remitted to the employee insurance program under this subsection must be deposited in the LTDI Trust Fund. (J) Each month, the employee insurance program shall transfer to the operating account from the LTDI Trust Fund the amount invoiced by the third-party administrator for the BLTD Plan for payment of LTDI claims, including reasonable expenses associated with claims administration of the BLTD Plan. (K) The assets of the LTDI Trust Fund may only be used for the payment of the state's claims under the BLTD Plan along with reasonable expenses associated with the operation of the BLTD Plan, and the assets of the LTDI Trust Fund may not be used for any other purpose. The administrative costs related to the administration of the LTDI Trust Fund, and the investment and reinvestment of its funds, must be funded from the earnings of the LTDI Trust Fund. (L) As a trust, the funds of the LTDI Trust Fund are not assets of the State or the school districts or their respective agencies. The contributions to the LTDI Trust Fund are irrevocable and may not revert to the employer except upon complete satisfaction of all liabilities and administrative expenses of the State Basic Long Term Disability Income Benefit Plan of other post-employment benefits provided pursuant to the State Basic Long Term Disability Income Benefit Plan. Editor's Note 2008 Act No. 195, SECTION 8, provides as follows: "This act takes effect on the first day of the month following the month during which this act is approved by the Governor [approved April 2, 2008]." 2012 Act No. 278, Pt IV, Subpt 3, SECTION 65(C), provides as follows: "(C) The Code Commissioner is directed to change or correct all references to the Employee Insurance Program, the Retirement Division, and the Deferred Compensation Commission to reflect its transfer to the South Carolina Public Employee Benefit Authority. References to the name of the Employee Insurance Program, the Retirement Division, and the Deferred Compensation Commission in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate references."
S.C. Code Ann. § 1-32-20 — SC Code / Title 1 / Chapter 32 / Section 1-32-20
SECTION 1-32-20. Definitions.
Status: in_force

In this chapter: (1) "Demonstrates" means meets the burdens of going forward with the evidence and of persuasion. (2) "Exercise of religion" means the exercise of religion under the First Amendment to the United States Constitution or Article I, Section 2 of the State Constitution. (3) "Person" includes, but is not limited to, an individual, corporation, firm, partnership, association, or organization. (4) "State" means the State of South Carolina and any political subdivision of the State and includes a branch, department, agency, board, commission, instrumentality, entity, or officer, employee, official of the State or a political subdivision of the State, or any other person acting under color of law.