Current Status Introducing Body:House Bill Number:4818 Primary Sponsor:Hodges Type of Legislation:GB Subject:Restructuring corrections Residing Body:House Computer Document Number:4818 Introduced Date:19940224 Date of Last Amendment:19940601 Last History Body:Senate Last History Date:19940601 Last History Type:Amended, read third time, returned with amendment Scope of Legislation:Statewide All Sponsors:Hodges Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4818 Senate 19940601 Amended, read third time,
returned with amendment
4818 Senate 19940527 Amended
4818 Senate 19940525 Amended, read second time,
ordered to third reading with
notice of general amendments
4818 Senate 19940524 Committee Report: Favorable 11
with amendment
4818 Senate 19940421 Introduced, read first time, 11
referred to Committee
4818 House 19940420 Read third time, sent to
Senate
4818 House 19940419 Amended, read second time
4818 House 19940414 Debate interrupted
4818 House 19940414 Amended
4818 House 19940412 Debate adjourned until
Wednesday, April 13, 1994
4818 House 19940330 Committee Report: Favorable 25
with amendment
4818 House 19940224 Introduced, read first time, 25
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
June 1, 1994
H. 4818
S. Printed 6/1/94--S.
Read the first time April 21, 1994.
TO AMEND SECTION 1-3-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR FILLING VACANCIES IN AN OFFICE OF THE EXECUTIVE DEPARTMENT BY APPOINTMENT UNDER CERTAIN CONDITIONS, SO AS TO EXCLUDE THE OFFICE OF LIEUTENANT GOVERNOR BECAUSE THE MANNER IN WHICH VACANCIES IN THIS OFFICE ARE FILLED ARE PROVIDED FOR IN OTHER PROVISIONS OF LAW; SECTION 1-3-240, AS AMENDED, RELATING TO THE REMOVAL OF STATE AND COUNTY OFFICERS, BY THE GOVERNOR, SO AS TO REVISE A REFERENCE TO THE DEPARTMENT OF REVENUE AND TAXATION AND ITS COMMISSION; SECTION 1-7-920, RELATING TO THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO CORRECT A REFERENCE TO A REPRESENTATIVE ON THE COMMISSION FROM THE DEPARTMENT OF PUBLIC SAFETY; SECTION 1-7-940, RELATING TO THE DUTIES OF THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO REQUIRE THE COMMISSION TO PROVIDE TRAINING FOR VICTIM/WITNESS ASSISTANCE UNITS WITHIN THE SOLICITORS' OFFICES; SECTION 1-11-310, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 1-19-60, RELATING TO THE COMPOSITION OF THE STATE DEVELOPMENT BOARD, SO AS TO PROVIDE THAT ONE OF THE GUBERNATORIAL APPOINTEES MAY BE THE DIRECTOR OF THE DEPARTMENT OF COMMERCE OR HIS DESIGNEE RATHER THAN A MEMBER OF THE STATE DEVELOPMENT BOARD; SECTION 1-20-50, AS AMENDED, RELATING TO THE TERMINATION DATES FOR PARTICULAR AGENCIES, SO AS TO DELETE ADVISORY FROM THE NAME OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE; SECTION 1-23-10(4) RELATING TO DEFINITIONS UNDER THE STATE REGISTER AND CODE OF REGULATIONS, SO AS TO PROVIDE THAT THE DEFINITION OF "REGULATION" DOES NOT INCLUDE RULES OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; 1-23-111(A), RELATING TO THE PROCESS FOR PROMULGATING REGULATIONS, SO AS TO AUTHORIZE THE CHAIRMAN OF THE BOARD OF A DEPARTMENT TO DESIGNATE A MEMBER OF THE BOARD TO PRESIDE DURING SUCH HEARINGS; SECTIONS 1-23-600(A) AND (B), RELATING TO HEARINGS AND PROCEDURES UNDER THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALL DECISIONS OF THE DEPARTMENT OF REVENUE MUST BE MADE PUBLIC EXCEPT WHERE REDACTED COPIES ARE WARRANTED AND TO CLARIFY THE TYPES OF HEARINGS OVER WHICH ADMINISTRATIVE LAW JUDGES SHALL PRESIDE; SECTION 1-30-10, RELATING TO THE DEPARTMENTS OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CORRECT A REFERENCE TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 1-30-35, RELATING TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS OF THE 1976 CODE CONTAINED IN THIS SECTION; SECTION 1-30-65, RELATING TO THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO CORRECT CERTAIN REFERENCES TO THE PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS UNDER THE DEPARTMENT; SECTION 1-30-75, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE THE REQUIREMENT THAT THERE BE A DIVISION FOR GEOLOGICAL MAPPING AND STATE GEOLOGIST AND TO CORRECT CERTAIN REFERENCES; SECTION 1-30-85, RELATING TO THE DEPARTMENT OF PROBATION, PARDON AND PAROLE, SO AS TO CORRECT THE NAME OF THE DEPARTMENT TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; TO AMEND SECTION 2-7-73, AS AMENDED, RELATING TO LEGISLATIVE ENACTMENTS AND THE REQUIREMENT THAT BILLS AND RESOLUTIONS MANDATING HEALTH INSURANCE COVERAGE MUST HAVE FISCAL IMPACT STATEMENTS, SO AS TO DELETE CERTAIN LANGUAGE WHICH PREVIOUSLY REFERRED TO THE FORMER "CHIEF INSURANCE COMMISSIONER"; SECTION 2-13-190, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE ANNUAL ACTS AND JOINT RESOLUTIONS OF THE GENERAL ASSEMBLY, SO AS TO CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO WHOM THESE ACTS AND JOINT RESOLUTIONS ARE PROVIDED AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION; SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO WHOM THESE CODES ARE PROVIDED AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION; SECTION 2-19-10, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO REFER TO AN EXCEPTION CONTAINED IN THE RESTRUCTURING ACT PERTAINING TO THE ELECTION OF MEMBERS OF THE PUBLIC SERVICE COMMISSION; SECTION 4-10-65, RELATING TO THE DISTRIBUTION OF UNIDENTIFIED LOCAL SALES AND TAX REVENUES, SO AS TO CHANGE A REFERENCE TO TAX COMMISSION TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-29-69, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES ALLOWED CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 6-19-30, RELATING TO AN ADVISORY COMMITTEE FOR STATE WATER AND SEWER AUTHORITY GRANTS, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO DELETE OBSOLETE LANGUAGE; SECTION 9-1-1535, RELATING TO RETIREMENT OF WILDLIFE CONSERVATION OFFICERS, SO AS TO REVISE THE NAMES OF THE OFFICERS, THE LAW ENFORCEMENT SECTION, AND THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; SECTION 10-1-100, RELATING TO REQUIREMENTS IN STATE CONTRACTS FOR APPLICABLE POLLUTION PREVENTION AND NATURAL RESOURCE PROTECTION REQUIREMENTS, SO AS TO CONFORM A REFERENCE TO THE HIGHWAY DEPARTMENT TO THE RESTRUCTURING ACT; SECTION 11-9-825, AS AMENDED, RELATING TO ADDITIONAL STAFF FOR THE BOARD OF ECONOMIC ADVISORS, SO AS TO CONFORM THE REFERENCE TO THE CHAIRMAN OF THE DEPARTMENT OF REVENUE TO THE PROVISIONS OF THE RESTRUCTURING ACT EFFECTIVE FEBRUARY 1, 1995; SECTION 11-35-1520, RELATING TO COMPETITIVE SEALED BIDS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 12-4-15, RELATING TO THE DIVISIONS OF THE DEPARTMENT OF REVENUE, SO AS TO DELETE THE STATUTORY DIVISIONS; SECTION 12-4-30, AS AMENDED, RELATING TO THE COMMISSIONERS OF THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE REQUIREMENTS FOR THE DEPARTMENT'S DIRECTOR; TO AMEND SECTIONS 12-4-40, 12-4-50, 12-4-60, AND 12-4-70, AS AMENDED, RELATING TO THE TAX COMMISSION, SO AS TO REVISE REFERENCES TO THE COMMISSIONER AND COMMISSION; SECTION 12-4-340, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO CONTRACT WITH A COLLECTION AGENCY TO COLLECT DELINQUENT TAXES, SO AS TO CONFORM A REFERENCE TO THE RESTRUCTURING ACT; SECTION 12-4-760, RELATING TO APPEALS FROM THE TAX COMMISSION TO THE TAX BOARD OF REVIEW, SO AS TO CHANGE REFERENCES OF THE TAX COMMISSION TO THE ADMINISTRATIVE LAW JUDGE DIVISION AND CHANGE REFERENCES TO THE TAX BOARD OF REVIEW TO THE CIRCUIT COURT; SECTION 12-21-2423, RELATING TO THE TEMPORARY DEDICATION OF A PORTION OF ADMISSIONS TAX REVENUES TO THE DEVELOPMENT OF MAJOR TOURISM OR RECREATION FACILITY, SO AS TO CONFORM REFERENCES TO VARIOUS STATE AGENCIES TO THE RESTRUCTURING ACT AND TO DELETE ADVISORY FROM THE NAME OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE; SECTION 12-21-2720, AS AMENDED, RELATING TO FEES FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO CONFORM REFERENCES TO TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 12-21-2738, AS AMENDED, RELATING TO THE PENALTIES FOR VIOLATION OF THE COIN-OPERATED DEVICE LICENSING LAWS, SO AS TO CONFORM A REFERENCE TO THE RESTRUCTURING ACT; ARTICLE 20, CHAPTER 21, TITLE 12, THE VIDEO GAME MACHINES ACT, SO AS TO CONFORM REFERENCES IN THE ARTICLE TO THE SOUTH CAROLINA TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTIONS 12-21-5020, 12-21-5030, 12-21-5040, 12-21-6010, 12-21-6040, AND 12-21-6050, RELATING TO THE MARIJUANA AND CONTROLLED SUBSTANCE TAX ACT, SO AS TO CHANGE REFERENCES TO THE TAX COMMISSION TO CONFORM TO THE RESTRUCTURING ACT; SECTION 12-27-390, AS AMENDED, RELATING TO THE DISTRIBUTION TO COUNTIES OF A PORTION OF GASOLINE TAXES THROUGH THE WATER RECREATIONAL RESOURCES FUND, SO AS TO CHANGE REFERENCES TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO THE PROVISIONS OF THE RESTRUCTURING ACT EFFECTIVE JULY 1, 1994; SECTION 12-27-400, AS AMENDED, RELATING TO THE USE OF "C" FUNDS, SO AS TO CONFORM REFERENCES TO STATE AGENCIES TO THE RESTRUCTURING ACT; SECTION 12-27-1270, AS AMENDED, RELATING TO THE PORTION OF THE SHIMS GASOLINE TAX REVENUES SET ASIDE IN THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO CONFORM THE REFERENCE TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO THE APPROPRIATE DIVISION OF THE DEPARTMENT OF COMMERCE AND TO DELETE AN OBSOLETE PROVISION; SECTION 12-36-1710, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO REVISE THE REFERENCE TO THE DEPARTMENT OF REVENUE AND TAXATION AND CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 12-36-2570, AS AMENDED, RELATING TO THE TIME OF PAYMENT OF SALES AND USE TAX, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 12-36-2610, AS AMENDED, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF THE SALES TAX, SO AS TO CONFORM REFERENCE TO THE TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND THE DEPRECIATION SCHEDULE FOR MANUFACTURING MACHINERY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 12-37-2680, RELATING TO THE DETERMINATION OF ASSESSED VALUE OF A VEHICLE, SO AS TO PROVIDE THAT AN APPEAL MUST BE MADE TO THE ADMINISTRATIVE LAW JUDGE DIVISION WITHIN THIRTY DAYS OF THE BOARD'S DECISION AND TO FURTHER PROVIDE THAT APPEALS ARE CONFINED TO THE RECORD; SECTION 12-43-300, RELATING TO BOARD OF ASSESSMENT APPEALS, SO AS TO PROVIDE THAT ANY PROPERTY OWNER, HIS AGENT, OR THE ASSESSOR MAY APPEAL FROM THE FINDING OF THE BOARD UPON WRITTEN NOTICE TO THE ADMINISTRATIVE LAW JUDGE DIVISION WITHIN THIRTY DAYS FROM THE DATE OF THE BOARD'S FINDING AND TO FURTHER PROVIDE THAT APPEALS ARE CONFINED TO THE RECORD; SECTION 12-53-220, AS AMENDED, RELATING TO TAX COLLECTION AND POSTING OF BONDS FOR JEOPARDY ASSESSMENTS, SO AS TO CORRECTLY SET FORTH THE NAME OF THE DEPARTMENT OF INSURANCE OF SOUTH CAROLINA; SECTIONS 12-54-1010 AND 12-54-1020, RELATING TO THE REVOCATION OF PROFESSIONAL AND BUSINESS LICENSES BY THE SOUTH CAROLINA TAX COMMISSION FOR FAILURE TO MAKE TAX RETURNS AND PAY TAXES, SO AS TO CONFORM REFERENCES TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 13-17-40, RELATING TO THE BOARD OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO CORRECT A REFERENCE TO THE FORMER CHAIRMAN OF THE STATE DEVELOPMENT BOARD; ARTICLE 7, CHAPTER 1 OF TITLE 13, RELATING TO THE DIVISION OF AVIATION, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; ARTICLE 11 OF CHAPTER 1 OF TITLE 13, RELATING TO THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO DELETE ADVISORY FROM THE NAME OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE; SECTION 15-9-410, RELATING TO PROVISIONS CONCERNING NONRESIDENT AIRCRAFT OPERATORS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AERONAUTICS ADMINISTRATION; SECTION 16-3-1120, RELATING TO THE DIRECTOR OF THE VICTIM'S COMPENSATION FUND, SO AS TO PROVIDE THAT THE DIRECTOR, AFTER CONSULTATION WITH THE CRIME VICTIM'S ADVISORY BOARD, MUST DEVELOP AND ADMINISTER A PLAN FOR INFORMING THE PUBLIC OF THE AVAILABLE BENEFITS; SECTION 16-3-1130(3), RELATING TO CLAIMS UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1140, RELATING TO APPEALS UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1150, RELATING TO EMERGENCY AWARDS UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1200, RELATING TO THE VICTIM'S COMPENSATION FUND AND THE CONDUCT OF A VICTIM OR INTERVENOR CONTRIBUTING TO INFLICTION OF INJURY, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1230(3), RELATING TO CLAIMS FILED IN BEHALF OF A MINOR OR INCOMPETENT UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1260, RELATING TO REIMBURSEMENT FOR PAYMENT FROM THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGE THE NAME OF CERTAIN DEPARTMENTS; SECTION 16-3-1300, RELATING TO PAYMENT OF AN AWARD UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1340, RELATING TO THE ATTORNEY FOR A CLAIMANT UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO DELETE THE PROVISION REQUIRING ATTORNEYS OF THE WORKERS' COMPENSATION FUND TO REPRESENT THE VICTIM'S COMPENSATION FUND; SECTION 16-3-1410, RELATING TO THE RESPONSIBILITIES OF THE VICTIM COMPENSATION FUND RELATING TO THE VICTIM/WITNESS ASSISTANCE PROGRAM, SO AS TO DELETE THE REQUIREMENT THAT THE FUND PROVIDE TRAINING FOR THE SOLICITORS' OFFICES; SECTION 16-3-1550, AS AMENDED, RELATING TO VICTIM IMPACT STATEMENTS, SO AS TO EXTEND THE PROVISIONS OF THE SECTION TO FAMILY COURT IN CONJUNCTION WITH THE PROSECUTION OF JUVENILE OFFENDERS, TO REQUIRE THE EXECUTIVE DIRECTOR OF THE COMMISSION ON PROSECUTION COORDINATION TO DEVELOP THE FORM RATHER THAN THE ATTORNEY GENERAL, AND TO CORRECT THE NAME OF THE BOARD OF PAROLE AND COMMUNITY CORRECTIONS; SECTION 17-17-100, RELATING TO THE TRANSFER OF WRIT OF HABEAS CORPUS PETITIONS TO THE COURT IN THE COUNTY WHERE THE PRISONER IS LOCATED, SO AS TO CHANGE THE NAME OF THE BOARD OF CORRECTIONS; SECTION 17-22-120, AS AMENDED, RELATING TO INDIVIDUAL INTERVENTION AGREEMENTS ENTERED INTO BY A DEFENDANT AND THE SOLICITOR IN A PRETRIAL INTERVENTION PROGRAM, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 17-25-80, RELATING TO THE AUTHORITY OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS REGARDING HARD LABOR, SO AS TO CHANGE THE NAME OF THE COMMISSIONER; SECTION 17-25-145, RELATING TO IMPLEMENTATION OF COMMUNITY PENALTIES PROGRAM, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS; SECTION 17-25-370, RELATING TO EXECUTION OF DEATH SENTENCE, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 17-25-380, RELATING TO COPIES AND FORM OF NOTICE OF DEATH PENALTY, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 17-25-400, RELATING TO SERVICE OF NOTICE ON PRISONER, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 20-7-640(D), RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO DELETE THE REQUIREMENT THAT THE COUNTY BOARD APPOINT AN ADVISORY COMMITTEE; SECTION 20-7-690, RELATING TO CONFIDENTIALITY OF DEPARTMENT OF SOCIAL SERVICES RECORDS, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT; SECTION 20-7-2020, RELATING TO APPROVAL OF AGREEMENTS UNDER THE INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-2340, RELATING TO ADOPTION FEES ESTABLISHED BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THE AUTHORITY TO ESTABLISH THESE FEES; SECTION 20-7-2379, AS AMENDED, RELATING TO THE DIVISION FOR REVIEW OF FOSTER CARE OF CHILDREN, SO AS TO DELETE THE INAPPLICABLE PROVISION FOR THE DIVISION DIRECTOR'S SALARY; SECTION 20-7-2640, AS AMENDED, RELATING TO THE INTERSTATE COMPACT FOR ADOPTION AND MEDICAL ASSISTANCE, MEDICAL ASSISTANCE IDENTIFICATION, BENEFITS, AND EXCEPTIONS, SO AS TO CLARIFY THAT DEPARTMENT AS USED IN SUBSECTION (C) MEANS THE DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-2880(c), AS AMENDED, RELATING TO FAMILY DAY CARE LICENSES, SO AS TO CLARIFY AN ADMINISTRATIVE LAW JUDGE MUST HEAR APPEALS; SECTIONS 20-7-2930 AND 20-7-2940, AS AMENDED, RELATING TO CHURCH DAY CARE CENTERS, SO AS TO CLARIFY THAT APPEALS FROM A REGISTRATION SUSPENSION MUST BE HEARD BY AN ADMINISTRATIVE LAW JUDGE; SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL SERVICES PROVIDED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF YOUTH SERVICES; SECTION 20-7-5420(A), AS AMENDED, RELATING TO THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH, SO AS TO DELETE CERTAIN OBSOLETE MEMBERS FROM THE COUNCIL AND TO CORRECT CERTAIN REFERENCES; SECTION 20-7-5910, RELATING TO THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO REVISE THE NAMES OF CERTAIN STATE AGENCIES AND THE TITLES OF CERTAIN ADMINISTRATIVE HEADS OF STATE AGENCIES; SECTION 23-4-20, RELATING TO CRIMINAL JUSTICE COMMITTEES AND PROGRAMS OF THE OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION OF PUBLIC SAFETY PROGRAMS REFERRED TO IN THIS SECTION MEANS THE DEPARTMENT OF PUBLIC SAFETY RATHER THAN OF THE OFFICE OF THE GOVERNOR; SECTION 23-4-110, RELATING TO THE GOVERNOR'S COMMITTEE ON CRIMINAL JUSTICE, CRIME AND DELINQUENCY, SO AS TO CONFORM THE MEMBERSHIP OF THE COMMITTEE TO THE REVISIONS OF THE RESTRUCTURING ACT; SECTION 23-4-520, RELATING TO THE DUTIES OF THE GOVERNOR'S OFFICE OF CRIMINAL JUSTICE PROGRAMS, SO AS TO CORRECT A REFERENCE TO THE FORMER DEPARTMENT OF YOUTH SERVICES; SECTION 23-6-10, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE THE DEFINITION OF "DEPUTY DIRECTOR"; SECTION 23-6-40, AS AMENDED, RELATING TO THE DIRECTOR AND DEPUTY DIRECTORS FOR THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE THE PROVISIONS FOR DEPUTY DIRECTORS; TO AMEND ARTICLE 9, CHAPTER 6, TITLE 23, RELATING TO THE DIVISION OF TRAINING AND CONTINUING EDUCATION UNDER THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO MAKE THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL AN ADVISORY COUNCIL, TO DEVOLVE THE FUNCTIONS OF THE COUNCIL UPON THE DEPARTMENT OF PUBLIC SAFETY AND THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY, TO REVISE THE MEMBERSHIP OF THE TRAINING COUNCIL, AND TO MAKE CONFORMING CHANGES THROUGHOUT THE ARTICLE; SECTION 23-9-10, AS AMENDED, RELATING TO THE STATE FIRE MARSHAL, SO AS TO CORRECT AN INTERNAL CODE SECTION REFERENCE; SECTION 23-11-110, AS AMENDED, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO CORRECT A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE TRAINING COUNCIL; TO REPEAL SECTION 356, ACT 181 OF 1993 WHICH AMENDS A CERTAIN PORTION OF SECTION 23-23-30(A)(4) AS THIS SECTION WAS REPEALED ELSEWHERE IN THE RESTRUCTURING ACT; TO AMEND CHAPTER 25 OF TITLE 23, RELATING TO THE LAW ENFORCEMENT OFFICERS HALL OF FAME, SO AS TO CLARIFY THAT THE COMMITTEE IS ADVISORY, TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY TO SERVE AS CHAIRMAN OF THE COMMITTEE, AND TO MAKE CONFORMING CHANGES THROUGHOUT; SECTION 24-13-730, RELATING TO PROGRAM CHANGES SUBJECT TO APPROPRIATIONS BY THE GENERAL ASSEMBLY, SO AS TO REVISE CODE SECTIONS; SECTION 24-21-300, RELATING TO CITATION AND AFFIDAVIT OF PERSON RELEASED, SO AS TO ADD THE REFERENCE OF OFFENDER MANAGEMENT SYSTEM ACT AND TO CHANGE THE REFERENCE OF BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-22-30, RELATING TO ELIGIBILITY TO PARTICIPATE IN THE OFFENDER MANAGEMENT SYSTEM, SO AS TO CHANGE THE REFERENCE OF THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-22-150, RELATING TO FUNDING REQUIRED, SO AS TO CHANGE THE REFERENCE OF COMMISSION TO DIRECTOR; SECTION 24-23-30, RELATING TO THE COMMUNITY CORRECTIONS PLAN, SO AS TO CHANGE THE REFERENCE OF BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-26-10, RELATING TO THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO CORRECT REFERENCES TO CERTAIN NONVOTING MEMBERS OF THE COMMISSION; SECTION 25-19-20, RELATING TO THE PRISONER OF WAR COMMISSION, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS' AFFAIRS TO CONFORM TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTION 31-13-30, RELATING TO MEMBERSHIP ON THE SOUTH CAROLINA STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 31-17-330, RELATING TO EXCEPTIONS FOR MOBILE HOME LICENSES, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF REVENUE; SECTION 33-14-210, RELATING TO ADMINISTRATIVE DISSOLUTION OF A CORPORATION BY THE SECRETARY OF STATE, SO AS TO CONFORM A REFERENCE TO THE TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 33-39-250, RELATING TO THE POWERS OF COUNTY BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO CONFORM A REFERENCE TO THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 38-3-110, RELATING TO DUTIES OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT REGULATIONS ARE PROMULGATED BY THE COMMISSIONER; SECTION 38-27-520, RELATING TO RECOVERY OF PREMIUMS OWED, SO AS TO PROVIDE THAT AN APPEAL IS TO THE CIRCUIT COURT AND NOT THE ADMINISTRATIVE LAW JUDGE DIVISION; SECTION 38-43-106, RELATING TO CONTINUING EDUCATION REQUIREMENTS, SO AS TO REESTABLISH THE MEMBERSHIP OF THE CONTINUING EDUCATION ADVISORY COMMITTEE; SECTION 38-73-1380, AS AMENDED, RELATING TO PRIVATE PASSENGER AUTOMOBILE INSURANCE, APPROVAL OF FINAL RATE OR PREMIUM CHARGE, AND APPROVAL OF EXPENSE COMPONENT, SO AS TO DELETE AN INCORRECT REFERENCE TO "THE DIVISION" AND SUBSTITUTE A REFERENCE TO "THE DEPARTMENT", MEANING THE DEPARTMENT OF INSURANCE AND TO CHANGE REFERENCES FROM DIRECTOR TO COMMISSIONER; SECTION 38-77-580, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO ELIMINATE AN UNNECESSARY REQUIREMENT THAT THE COMMISSIONER OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE ACT THROUGH THE DEPARTMENT IN PERFORMING A CERTAIN FUNCTION; SECTION 38-79-270, RELATING TO APPEALING ACTIONS OF THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS TO PROVIDE THAT THE APPEAL IS TO THE COMMISSIONER AND NOT THE DEPARTMENT; SECTION 38-81-270, AS AMENDED, RELATING TO THE LEGAL PROFESSIONAL LIABILITY INSURANCE JOINT UNDERWRITING ASSOCIATION AND THE GATHERING OF DATA, SO AS TO DELETE A REFERENCE TO DEPARTMENT (MEANING THE DEPARTMENT OF INSURANCE) AND SUBSTITUTE COMMISSIONER (MEANING CHIEF INSURANCE COMMISSIONER OF THE DEPARTMENT OF INSURANCE); CHAPTER 23 OF TITLE 39, AS AMENDED, RELATING TO ADULTERATED, MISBRANDED, OR NEW DRUGS AND DEVICES, SO AS TO CONFORM THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTION 40-6-180, RELATING TO AUCTIONEERS, SO AS TO REINSERT LANGUAGE TO PROVIDE THAT AN APPRENTICE'S SUPERVISING AUCTIONEER BE NOTIFIED IF CHARGES ARE BROUGHT AGAINST THE APPRENTICE; SECTION 40-15-210, AS AMENDED, RELATING TO THE AUTHORITY OF A PERSON WHOSE LICENSE OR REGISTRATION CERTIFICATE TO PRACTICE DENTISTRY, DENTAL HYGIENE, OR PERFORM DENTAL TECHNOLOGICAL WORK HAS BEEN SUSPENDED OR REVOKED PURSUANT TO THE PROVISIONS OF ARTICLE 5, CHAPTER 23 OF TITLE 1 (ADMINISTRATIVE LAW JUDGE DIVISION), SO AS TO REENACT THE CRIMINAL PENALTY PROVISIONS WHICH WERE INADVERTENTLY OMITTED BY ACT 181 OF 1993 (RESTRUCTURING); SECTION 40-22-150, RELATING TO ENGINEERS AND LAND SURVEYORS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION MAY EMPLOY AN EXECUTIVE DIRECTOR FOR THE BOARD; SECTION 40-25-40, AS AMENDED, RELATING TO RECOMMENDATIONS FOR MEMBERSHIP ON THE COMMISSION OF HEARING AID SPECIALISTS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING; SECTION 40-35-10, AS AMENDED, RELATING TO DEFINITIONS CONCERNING THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO CHANGE REFERENCES IN THE DEFINITION OF "QUALIFIED MENTAL RETARDATION PROFESSIONAL" FROM THE SOUTH CAROLINA DEPARTMENT OF MENTAL RETARDATION TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-35-140, AS AMENDED, RELATING TO THE REQUIREMENT THAT HABILITATION CENTERS FOR THE MENTALLY RETARDED MUST BE UNDER THE SUPERVISION OF A LICENSED NURSING HOME ADMINISTRATOR, SO AS TO CHANGE A REFERENCE FROM THE DEPARTMENT OF MENTAL RETARDATION TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-47-140, AS AMENDED, RELATING TO MINIMUM STANDARDS TO BE OBTAINED ON EXAMINATION REQUIRED BY THE BOARD OF MEDICAL EXAMINERS, SO AS TO CHANGE A REFERENCE FROM THE STATE MENTAL RETARDATION DEPARTMENT TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-73-15, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO FURTHER PROVIDE FOR CERTAIN OF THESE PROFESSIONS AND OCCUPATIONS; SECTIONS 41-10-70, 41-10-80, 41-10-90, 41-10-110, 41-13-25, 41-15-320, 41-16-100, 41-16-110, 41-16-180, 41-18-40, 41-18-60, 41-18-70, 41-18-80, 41-18-100, 41-18-110, 41-18-120, 41-21-20, AS AMENDED, AND SECTIONS 41-13-20, 41-13-50, 41-13-60, 41-15-90, 41-15-100, 41-15-210 THROUGH 41-15-290, 41-15-300, 41-15-520, 41-16-20, 41-16-40 THROUGH 41-16-90, 41-16-120 THROUGH 41-16-160, 41-17-10, 41-17-20, 41-17-40, 41-17-50, 41-17-60, 41-17-70, 41-18-50, 41-18-130, 41-18-150, 41-21-30, 41-21-40, 41-21-70, 41-21-80, 41-21-100, AND 41-21-110, RELATING TO THE COMMISSIONER OF LABOR, THE DEPARTMENT OF LABOR, AND VARIOUS DIVISIONS WITHIN THE DEPARTMENT, SO AS TO CONFORM THOSE REFERENCES TO THE PROVISIONS OF SECTION 977 OF ACT 181 OF 1993 (RESTRUCTURING ACT) AND DELETE OBSOLETE PROVISIONS; SECTION 41-43-40, AS AMENDED, RELATING TO THE DIRECTOR OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE CHAIRMAN OF THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 41-43-190, RELATING TO THE EXPORT PROGRAMS OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 41-44-90, AS AMENDED, RELATING TO THE INCOME AND PREMIUM TAX CREDIT ALLOWED A TAXPAYER WITH A QUALIFIED INVESTMENT IN A BUSINESS RECEIVING FINANCING FROM THE PALMETTO SEED CAPITAL FUND, SO AS TO CONFORM REFERENCES TO "COMMISSION" TO THE RESTRUCTURING ACT; SECTION 42-5-60, RELATING TO INSURANCE DEEMED SUBJECT TO TITLE 42 (WORKERS' COMPENSATION) AND APPROVAL OF FORMS, SO AS TO CONFORM A REFERENCE TO THE CHIEF INSURANCE COMMISSIONER; SECTION 43-1-115, RELATING TO COUNTY DEPARTMENT OF SOCIAL SERVICES BIENNIAL PERFORMANCE AUDITS, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE STATE DEPARTMENT AND TO CORRECT A REFERENCE; SECTION 43-5-150, AS AMENDED, RELATING TO APPEALS TO THE DEPARTMENT OF SOCIAL SERVICES FOR DENIAL OF PUBLIC ASSISTANCE, SO AS TO CLARIFY THAN AN ADMINISTRATIVE LAW JUDGE RATHER THAN A HEARING EXAMINER HEARS AN APPEAL PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; SECTIONS 43-7-410, 43-7-420, 43-7-430, AND 43-7-440, RELATING TO ASSIGNMENT AND SUBROGATION OF CLAIMS FOR REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO DELETE REFERENCES TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION AND SUBSTITUTE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 43-21-10, AS AMENDED, RELATING TO THE ADVISORY COMMISSION ON AGING, SO AS TO REVISE THE MEMBERSHIP AND RESPONSIBILITIES; SECTION 43-21-130, AS AMENDED, RELATING TO THE LONG TERM CARE COUNCIL, SO AS TO REVISE THE NAME, MEMBERSHIP, AND RESPONSIBILITIES OF THE COUNCIL; SECTION 43-21-150, AS AMENDED, RELATING TO THE EDUCATIONAL AND INFORMATIONAL PROGRAM OF THE DIVISION ON AGING, SO AS TO REVISE THE REFERENCE TO THE LONG TERM CARE COUNCIL IN ORDER TO CONFORM TO A PRIOR NAME CHANGE; TO AMEND SECTION 43-35-310, RELATING TO THE ADULT PROTECTION COORDINATING COUNCIL, SO AS TO REVISE THE NAME OF THE MEMBER AGENCIES AND ADMINISTRATIVE TITLES; TO AMEND SECTION 44-1-50, RELATING TO THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL HEARING APPEALS FROM THE DECISIONS OF AN ADMINISTRATIVE LAW JUDGE, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS OF THE 1976 CODE CONTAINED IN THIS SECTION; SECTION 44-2-75(C), AS AMENDED, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT OF 1988 AND INSURANCE POOLS, SO AS TO MAKE A TECHNICAL CORRECTION WITH RESPECT TO A REFERENCE TO THE DEPARTMENT OF INSURANCE; SECTION 44-6-5, AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, SO AS TO DELETE A REFERENCE TO COMMISSION AND SUBSTITUTE FOR IT DEPARTMENT UNDER THE DEFINITION OF MARKET BASKET INDEX; SECTION 44-6-60, AS AMENDED, RELATING TO THE ADVISORY COMMITTEE TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO REVISE THE NAMES OF THE DEPARTMENTS REPRESENTED ON THE COMMITTEE AND THE TITLES OF THE DEPARTMENT ADMINISTRATORS; SECTION 44-6-140, AS AMENDED, RELATING TO MEDICAID HOSPITAL PROSPECTIVE PAYMENT SYSTEM AND COST CONTAINMENT MEASURES, SO AS TO DELETE COMMISSION IN TWO INSTANCES AND SUBSTITUTE DEPARTMENT, WITH REFERENCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-146, AS AMENDED, RELATING TO COUNTY ASSESSMENTS FOR INDIGENT MEDICAL CARE AND PENALTIES FOR FAILURE TO PAY ASSESSMENTS IN A TIMELY MANNER, SO AS TO DELETE A REFERENCE TO COMMISSION AND SUBSTITUTE DEPARTMENT, WITH REFERENCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-170, AS AMENDED, RELATING TO THE HEALTH DATA OVERSIGHT COUNCIL, SO AS TO REVISE THE TITLES OF THE ADMINISTRATIVE HEADS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION; SECTION 44-6-520, AS AMENDED, RELATING TO THE SALE, LEASE, OR MORTGAGE OF A NURSING HOME IN RECEIVERSHIP, SO AS TO CHANGE A REFERENCE TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-540, RELATING TO THE REGULATION-MAKING AUTHORITY UNDER THE "INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOME ACT", SO AS TO DELETE THE REFERENCE TO COMMISSION (MEANING THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION) AND SUBSTITUTE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTIONS 44-6-720 AND 44-6-730, RELATING TO MEDICAID QUALIFYING TRUSTS, SO AS TO REVISE THE NAME OF THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION; SECTION 44-7-90, RELATING TO VIOLATIONS OF THE LAW CONCERNING MEDICAID NURSING HOME PERMITS AND PENALTIES, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF MENTAL RETARDATION; SECTION 44-7-370, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS TO THE RESIDENTIAL CARE COMMITTEE, SO AS TO REVISE THE TITLE OF THE DEPARTMENT ADMINISTRATOR; SECTION 44-23-10, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO MENTALLY ILL AND MENTALLY RETARDED PERSONS, SO AS TO CLARIFY THE DEFINITION OF DIRECTOR; SECTION 44-38-380, AS AMENDED, RELATING TO THE ADVISORY COUNCIL TO THE SOUTH CAROLINA HEAD AND SPINAL CORD SERVICE DELIVERY SYSTEM, SO AS TO REVISE THE NAME OF A MEMBER OF THE COUNCIL AND THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-40-60, RELATING TO SOUTH CAROLINA AGENT ORANGE ADVISORY COUNCIL, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS AFFAIRS; SECTION 44-53-480, RELATING TO SOUTH CAROLINA LAW ENFORCEMENT DIVISION ENFORCEMENT OF CONTROLLED SUBSTANCE LAWS, SO AS CONFORM REFERENCES TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-490, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL DRUG INSPECTORS, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-500, RELATING TO THE ISSUANCE AND EXECUTION OF ADMINISTRATIVE INSPECTION WARRANTS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH RESPECT TO THE REGULATION OF CONTROLLED SUBSTANCES, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-720, RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-55-120, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-56-60, AS AMENDED, RELATING TO HAZARDOUS WASTE MANAGEMENT, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-67-90, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S FUNDS FOR LITTER CONTROL RESEARCH, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT; SECTION 44-96-440, RELATING TO UNLAWFUL ACTS UNDER SOLID WASTE MANAGEMENT, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 46-13-60, RELATING TO STANDARDS FOR CERTIFICATION OF PESTICIDE APPLICATORS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 48-4-10, RELATING TO THE CREATION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 48-9-30, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO DEFINE THE ADVISORY COUNCIL; SECTION 48-9-610, AS AMENDED, RELATING TO THE APPOINTMENT OF TWO COMMISSIONERS TO SERVE WITH THE ELECTED COMMISSIONERS OF SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO AUTHORIZE THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES TO MAKE THE APPOINTMENT; SECTION 48-9-1210, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPOINTED COMMISSIONERS OF SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES UPON THE RECOMMENDATION OF THE ADVISORY COUNCIL INSTEAD OF BY THE BOARD OF THE DEPARTMENT; SECTION 48-9-1230, AS AMENDED, RELATING TO THE TERMS, VACANCIES, AND REMOVAL OF THE DISTRICT COMMISSIONERS, SO AS TO DELETE OBSOLETE LANGUAGE AND REVISE THE PROCEDURE FOR THE FILLING OF VACANCIES AND FOR REMOVAL; SECTION 48-9-1820, AS AMENDED, RELATING TO THE ELIGIBILITY AND COMPENSATION OF MEMBERS OF BOARDS OF ADJUSTMENT, SO AS TO PROVIDE FOR MEMBERS OF THE ADVISORY COUNCIL INSTEAD OF THE BOARD OF THE DEPARTMENT TO BE INELIGIBLE TO SERVE AND TO CLARIFY REFERENCES TO THE BOARDS OF ADJUSTMENT; SECTION 48-9-1840, AS AMENDED, RELATING TO HARDSHIP PETITIONS FILED WITH BOARDS OF ADJUSTMENT, SO AS TO CLARIFY REFERENCES TO THE BOARDS, AND SECTION 48-9-1850, AS AMENDED, RELATING TO HEARINGS AND ACTION BY THE BOARDS, SO AS TO CLARIFY REFERENCES TO THE BOARDS; TO AMEND CHAPTER 22 OF TITLE 48, RELATING TO THE STATE GEOLOGIST AND MAPPING DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO MAKE THE DIVISION A UNIT WITHIN THE DEPARTMENT, REVISE THE DUTIES OF THE STATE GEOLOGIST, DELETE LANGUAGE PLACING THE GEODETIC SURVEY WITHIN THE DEPARTMENT, AND MAKE CONFORMING AND TECHNICAL CHANGES THROUGHOUT THE CHAPTER; SECTION 48-39-150(D), AS AMENDED, RELATING TO THE APPEALS PROCESS FOR THE DENIAL OF COASTAL ZONE PERMITS, SECTION 48-39-280(A)(4), AS AMENDED, RELATING TO BEACH NOURISHMENT PROJECT PERMITS, SECTION 48-39-280(E), RELATING TO SETBACK LINES, AND SECTION 48-39-290(D), RELATING TO REBUILDING STRUCTURES OTHER THAN EROSION CONTROL STRUCTURES SEAWARD OF THE BASELINE, SO AS TO CLARIFY THE APPEALS PROCESS AS ESTABLISHED BY THE RESTRUCTURING ACT OF 1993; SECTION 48-39-210, AS AMENDED, RELATING TO CRITICAL AREA DELINEATIONS, SO AS TO REVISE THE NAME OF THE COASTAL COUNCIL; SECTION 48-49-70, RELATING TO THE MOUNTAIN RIDGE PROTECTION ACT OF 1984, SO AS TO TRANSFER THE JURISDICTION AND MANAGEMENT FROM THE DEPARTMENT OF PARKS, RECREATION AND TOURISM TO THE DEPARTMENT OF NATURAL RESOURCES; SECTION 49-1-15, AS AMENDED, RELATING TO PERMITS FOR HYDROELECTRIC PROJECTS INVOLVING IMPOUNDMENT OR DIVERSION OF WATERS OF NAVIGABLE STREAMS, SO AS TO REQUIRE A PERMIT FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ANY CONSTRUCTION, ALTERATION, DREDGING, FILLING, OR OTHER ACTIVITY IN ANY WATERS OF NAVIGABLE STREAMS; SECTION 49-4-16(2), AS AMENDED, RELATING TO THE SOUTH CAROLINA WATER USE REPORTING AND COORDINATION ACT, SO AS TO MAINTAIN THE PROGRAM UNDER THE DEPARTMENT OF NATURAL RESOURCES RATHER THAN TRANSFERRING IT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AS PROVIDED BY THE RESTRUCTURING ACT OF 1993; SECTION 49-7-70, RELATING TO THE POWERS OF THE BUSHY PARK AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE STATE HIGHWAY DEPARTMENT TO THE RESTRUCTURING ACT; SECTION 50-3-90, AS AMENDED, RELATING TO CONDUCTING GAME AND FISH CULTURAL OPERATIONS, SO AS TO CHANGE A REFERENCE FROM BOARD TO DEPARTMENT; SECTION 50-3-310, AS AMENDED, RELATING TO THE APPOINTMENT OF ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO CLARIFY THAT THE DIRECTOR OF THE DEPARTMENT IS RESPONSIBLE FOR HIRING AND FIRING THE OFFICERS; SECTION 50-3-315, AS AMENDED, RELATING TO DEPUTY ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO REVISE THEIR AUTHORITY; SECTION 50-3-510, AS AMENDED, RELATING TO THE CUTTING OF TIMBER BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 50-5-20, AS AMENDED, RELATING TO THE JURISDICTION OF THE MARINE RESOURCES DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES SO AS TO CLARIFY THAT THE DEPARTMENT HAS CONTINUING JURISDICTION OVER STRIPED BASS; SECTION 50-5-110, AS AMENDED, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCE TO DIVISION TO DEPARTMENT TO CONFORM TO OTHER CHANGES IN THE SECTION; SECTION 50-7-10, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE ATLANTIC STATES MARINE FISHERIES COMMISSION, SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES TO APPOINT A DESIGNEE TO SERVE IN HIS PLACE ON THE COMMISSION; SECTION 50-9-70, RELATING TO THE ESTABLISHMENT OF HUNTER EDUCATION PROGRAMS, SO AS TO REVISE THE NAME OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; SECTION 50-9-470, AS AMENDED, RELATING TO TEMPORARY NONRESIDENT FISHING LICENSES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 50-17-320, AS AMENDED, RELATING TO THE CLOSURE OF SHELLFISH GROUNDS, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES RATHER THAN THE BOARD TO REMOVE CLOSED AREAS FROM A PERMIT ACREAGE AGREEMENT; SECTION 50-17-365, AS AMENDED, RELATING TO THE CLOSED SEASON FOR SHELLFISH, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES RATHER THAN THE BOARD TO OPEN OR CLOSE AREAS; SECTION 50-17-730, AS AMENDED, RELATING TO THE REQUIREMENT FOR PEELER AND SOFT SHELL CRABS, SO AS TO DELETE THE REFERENCE TO MARINE RESOURCES DIVISION TO CONFORM TO OTHER CHANGES IN THE SECTION; SECTION 51-3-60, RELATING TO FREE USE OF STATE PARK FACILITIES BY DISABLED PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING AND THE STATE DEPARTMENT OF PARKS, RECREATION AND TOURISM; SECTION 51-13-860, RELATING TO A SPECIAL LOAN TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT; SECTION 53-3-100, RELATING TO THE COMMITTEE WHICH HONORS THE "SOUTH CAROLINA FAMILY OF THE YEAR", SO AS TO REVISE THE NAMES OF CERTAIN DEPARTMENTS AND COMMISSIONS ON THE COMMITTEE; SECTION 55-1-1, RELATING TO THE DIVISION OF AERONAUTICS, SO AS TO CHANGE THE NAME TO THE STATE AVIATION ADMINISTRATION; SECTION 55-1-5, RELATING TO DEFINITION FOR UNIFORM STATE AERONAUTICAL REGULATORY LAW, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-5-50, RELATING TO THE DEPUTY DIRECTOR OF AERONAUTICS, SO AS TO REINSERT THE REQUIREMENT THAT HE BE A COMMERCIAL PILOT WITH INSTRUMENT RATING; SECTION 55-5-190, RELATING TO COOPERATION BETWEEN PUBLIC DEPARTMENTS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-8-10, RELATING TO THE UNIFORM AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-11-10, RELATING TO PARTICULAR AIRPORTS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-15-10, RELATING TO RELOCATION ASSISTANCE, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 56-1-80, AS AMENDED, RELATING TO THE APPLICATION FOR A DRIVER'S LICENSE OR PERMIT, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF REVENUE AND TAXATION AND TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-135, AS AMENDED, RELATING TO DESIGNATED DRIVERS FOR FIRE EXTINGUISHMENT, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-221, RELATING TO THE MEDICAL ADVISORY BOARD, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT AND TO CLARIFY THAT THE BOARD MUST ADVISE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-225, AS AMENDED, RELATING TO THE REEXAMINATION OF DRIVERS INVOLVED IN FOUR ACCIDENTS WITHIN TWENTY-FOUR MONTHS, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-1320, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVERS' LICENSES, SO AS TO CLARIFY REFERENCES IN THE SECTION; SECTION 56-1-1330, AS AMENDED, RELATING TO PROVISIONAL DRIVER'S LICENSE, SO AS TO CHANGE REFERENCES FROM THE SOUTH COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 56-1-2100(D), AS AMENDED, RELATING TO COMMERCIAL DRIVERS LICENSES, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-3-1010, RELATING TO DEFINITIONS FOR REGISTRATION OF CORPORATE OWNED FLEET MOTOR VEHICLES, SO AS TO CHANGE THE REFERENCE OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF REVENUE; SECTION 56-5-1520, AS AMENDED, RELATING TO MOTOR VEHICLE SPEED LIMITS, SO AS TO REVISE THE REQUIREMENTS FOR DEPOSIT OF FINES; SECTION 56-5-2950, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE, SO AS TO DELETE A SENTENCE WHICH HAS BEEN DECLARED UNCONSTITUTIONAL; SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF CERTAIN VIOLATIONS, SO AS TO CHANGE REFERENCES FROM THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 56-5-4160(E), AS AMENDED, RELATING TO THE DISPOSITION OF FINES FOR WEIGHT VIOLATIONS OF VEHICLES AND LOADS, SO AS TO REQUIRE THE FINES BE DEPOSITED INTO THE SIZE AND WEIGHT REVITALIZATION PROGRAM FUND FOR PERMANENT IMPROVEMENTS RATHER THAN INTO THE GENERAL FUND; SECTION 56-5-4185, AS AMENDED, RELATING TO PERMITS FOR COTTON MODULAR VEHICLES, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO ISSUE A PERMIT, UNDER TERMS AND CONDITIONS WHICH THE DEPARTMENT OF REVENUE AND TAXATION AND THE DEPARTMENT OF PUBLIC SAFETY DETERMINE TO BE IN THE PUBLIC INTEREST FOR SAFETY ON THE HIGHWAYS; SECTION 56-5-5810(f), AS AMENDED, RELATING TO THE DEFINITIONS FOR THE DISPOSITION OF ABANDONED OR DERELICT MOTOR VEHICLES, SO AS TO CHANGE A REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF REVENUE AND TAXATION TO THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-10-240, AS AMENDED, RELATING TO NOTICE OF INSURANCE CANCELLATION, SO AS TO CORRECT REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY, THE DEPARTMENT OF REVENUE, AND THE CHIEF INSURANCE COMMISSIONER; SECTION 57-1-140, AS AMENDED, RELATING TO EXPANDING HIGHWAYS AND ROADS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTION 57-3-610, RELATING TO NAMING A ROAD, BRIDGE, OR HIGHWAY IN HONOR OF A PERSON, SO AS TO DELETE THE REFERENCE TO COUNTY LEGISLATIVE DELEGATION AND SUBSTITUTE COUNTY TRANSPORTATION COMMITTEE AND PROVIDE FOR LIMITATION OF ACTUAL EXPENSES FOR DEDICATIONS ON AN INTERSTATE HIGHWAY; SECTIONS 57-5-1335 AND 57-5-1340, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF TRANSPORTATION REGARDING TURNPIKES, SO AS TO CHANGE REFERENCES OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTION 57-25-150, AS AMENDED, RELATING TO PERMIT FEES FOR DIRECTIONAL SIGNS, SO AS TO CHANGE THE REFERENCE OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTIONS 57-25-470 AND 57-25-680, RELATING TO COMPENSATION FOR REMOVAL OF OUTDOOR ADVERTISING SIGNS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTION 57-27-70, RELATING TO ACQUISITION OF LANDS FOR JUNKYARDS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; ARTICLE 3, CHAPTER 3, TITLE 58, RELATING TO THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION, SO AS TO DEVOLVE ITS DUTIES AND FUNCTIONS UPON THE DEPARTMENT OF PUBLIC SAFETY, STATE POLICE DIVISION; SECTION 59-23-20, RELATING TO THE AUTHORITY OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, SO AS TO CONFORM A REFERENCE TO THE ECONOMIC DEVELOPMENT COORDINATING COUNCIL TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 59-36-20, RELATING TO DEVELOPMENT OF A COMPREHENSIVE SYSTEM OF SPECIAL EDUCATION, SO AS TO REVISE THE NAME OF THE CONTINUUM OF CARE; SECTION 59-53-20, RELATING TO THE SOUTH CAROLINA TECHNICAL EDUCATION SYSTEM, SO AS TO CONFORM THE NAME OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE; SECTION 59-63-31, RELATING TO RESIDENCY REQUIREMENTS TO ATTEND PUBLIC SCHOOLS, SO AS TO CONFORM THE NAME OF THE DEPARTMENT OF YOUTH SERVICES TO ACT 181 OF 1993; SECTION 59-65-30, AS AMENDED, RELATING TO EXCEPTIONS TO MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN IN PUBLIC OR PRIVATE SCHOOLS, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF YOUTH SERVICES; SECTION 59-67-535, RELATING TO THE USE OF BOATS OPERATED BY THE DEPARTMENT OF EDUCATION TO TRANSPORT DISABLED PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING; SECTION 59-111-20, AS AMENDED, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS AFFAIRS; SECTIONS 61-1-120 AND 61-1-125, RELATING TO REQUIREMENTS FOR APPLICANTS FOR LICENSES AND PERMITS ISSUED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO CHANGE REFERENCES TO ALCOHOLIC BEVERAGE CONTROL COMMISSION AND COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 61-3-425, RELATING TO THE PROHIBITION ON USING, RENEWING, OR TRANSFERRING BEER, WINE, AND ALCOHOLIC BEVERAGE LICENSES AND PERMITS WITHOUT A SIGNED STATEMENT FROM THE SOUTH CAROLINA TAX COMMISSION AND THE INTERNAL REVENUE SERVICE THAT THE APPLICANT DOES NOT OWE DELINQUENT TAXES, SO AS TO CONFORM THE REFERENCE TO TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT, REVISE THE CONDITIONS UNDER WHICH A LICENSE OR PERMIT BE ISSUED, RENEWED, OR TRANSFERRED, AND PROVIDE FOR NOTIFICATION TO THE APPLICANT; SECTIONS 61-5-320 AND 61-5-360, AS AMENDED, RELATING TO THE DISBURSEMENT OF FUNDS TO COUNTIES FOR EDUCATIONAL PURPOSES RELATING TO USE OF ALCOHOLIC LIQUORS AND THE REHABILITATION OF ALCOHOLICS, DRUG ABUSERS, AND DRUG ADDICTS, SO AS TO CHANGE REFERENCES FROM THE SOUTH CAROLINA COMMISSION ON ALCOHOLISM AND THE COMMISSIONER OF NARCOTICS AND CONTROLLED SUBSTANCES TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 61-9-35, RELATING TO REQUIREMENTS FOR THE SALE OF BEER AND WINE AND THE RESTRICTIONS ON BEER OR BEER AND WINE PERMITTEE IN PAYING WHOLESALERS AND THE PENALTY FOR VIOLATIONS, SO AS TO CHANGE REFERENCES TO ALCOHOLIC BEVERAGE CONTROL COMMISSION AND COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 61-13-590, RELATING TO THE SALE OF ALCOHOLIC BEVERAGES SEIZED IN ENFORCEMENT ACTIONS, SO AS TO CONFORM A REFERENCE TO THE TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 1613 OF ACT 181 OF 1993, RELATING TO TRANSITION PROVISIONS, SO AS TO PROVIDE THAT AN EMPLOYEE'S PERSONNEL RECORDS ARE TRANSFERRED AND BELONG TO THE AGENCY TO WHICH THE EMPLOYEE IS TRANSFERRED; ACT 181 OF 1993, RELATING TO THE EFFECTIVE DATES OF THE STATE GOVERNMENT RESTRUCTURING ACT, SO AS TO MAKE TECHNICAL CORRECTIONS IN REGARD TO CERTAIN EFFECTIVE DATES AND EFFECTIVE DATE REFERENCES, AND TO AMEND CHAPTER 2 OF TITLE 27 BY ADDING SECTION 27-2-85, SO AS TO PROVIDE FOR THE DUTIES OF THE SOUTH CAROLINA GEODETIC SURVEY, SECTION 27-2-95, SO AS TO ENSURE STATE MAPPING PRODUCTS ARE COMPATIBLE WITH THE COORDINATE SYSTEM, AND SECTION 27-2-105, SO AS TO REQUIRE THE SURVEY TO ASSIST IN DEFINING MONUMENTING COUNTY BOUNDARIES; TO AMEND THE 1976 CODE BY ADDING SECTION 40-73-17, SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION SHALL PROVIDE LEGAL SERVICES TO ALL ITS DIVISIONS; SECTIONS 48-9-215 AND 48-9-225, SO AS TO ESTABLISH AND PROVIDE FOR THE STATE LAND RESOURCES AND CONSERVATION DISTRICTS ADVISORY COUNCIL; TO AMEND CHAPTER THREE OF TITLE 49 BY ADDING SECTION 49-3-60, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO NEGOTIATE AGREEMENTS RELATING TO THE WITHDRAWAL, TRANSFER, OR DIVERSION OF WATER CONNECTED TO WATERS OF THIS STATE; TO AMEND THE 1976 CODE BY ADDING CHAPTER 27 TO TITLE 50, SO AS TO CHANGE THE PLACEMENT OF THE STATUTORY AUTHORITY FOR THE HERITAGE TRUST PROGRAM FROM TITLE 51 TO TITLE 50; TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1720 SO AS TO PROVIDE FOR A SPECIAL LICENSE PLATE FOR LAW ENFORCEMENT MOTOR VEHICLES OPERATED BY LINE LAW ENFORCEMENT PERSONNEL OF THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND THE 1976 CODE BY ADDING SECTION 57-3-130 SO AS TO PROVIDE FOR SPECIAL PERMITS TO MOVE CERTAIN MOTOR VEHICLES, SECTION 57-3-140 SO AS TO PROVIDE FOR SHEET TOBACCO TRUCK PERMITS, SECTION 57-3-150 SO AS TO PROVIDE FOR MULTIPLE TRIP PERMITS, SECTION 57-3-160 SO AS TO PROVIDE COTTON MODULAR VEHICLES, AND SECTIONS 57-3-170, 57-3-180, AND 57-3-190 SO AS TO PROVIDE REQUIREMENTS BEFORE ISSUANCE OF OPEN-END PERMITS; TO PROVIDE FOR RELOCATION OF THE CONFEDERATE FLAG, PROVIDE FOR THE DISPLAY OF FLAGS ON THE STATE HOUSE GROUNDS, CREATE A CIVIL RIGHTS MONUMENT COMMISSION AND PROVIDE FOR ITS POWERS, DUTIES, AND DISSOLUTIONS AND FOR MAINTENANCE OF THE MONUMENT ESTABLISHED BY THE COMMISSION, PROHIBIT THE REMOVAL OF CERTAIN MONUMENTS, MARKERS, AND MEMORIALS LOCATED ON PUBLIC PROPERTY OR A STREET, HIGHWAY, OR PARK WITHOUT TWO-THIRDS VOTE OF EACH BRANCH OF THE GENERAL ASSEMBLY, AND PROVIDE FOR PLACEMENT OF CERTAIN STATEMENTS IN THE JOURNALS OF EACH BRANCH; TO DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES TO CONFORM WITH THE PROVISIONS OF THIS ACT; AND TO REPEAL SECTIONS 43-21-120, 43-21-140, 48-9-230, 49-5-130, 49-21-80, 56-5-4170, 56-5-4175, 56-5-4180, 56-5-4185, 56-5-4190, 56-5-4200, AND 56-5-4205, CHAPTER 17 OF TITLE 51, AND CHAPTER 61 OF TITLE 40.
Amend Title to Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-3-220(1) of the 1976 Code is amended to read:
"(1) An appointment to fill any a vacancy in an office of the executive department as defined in Section 1-1-110, except for the office of Lieutenant Governor, occurring during a recess of the General Assembly. The term of such the appointment shall be is until the vacancy be is filled by a general election or by the General Assembly in the manner provided by law."
SECTION 2. Section 1-3-240(C)(2) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(C) Commission Director of the Department of Revenue and Taxation;"
SECTION 3. Section 1-7-920(3) of the 1976 Code is amended to read:
"(3) The Executive Director of the South Carolina Criminal Justice Academy Director of the Department of Public Safety shall serve during the term for which he is appointed;"
SECTION 4. Section 1-7-940 of the 1976 Code is amended to read:
"Section 1-7-940. (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;
(5) provide information, training, and technical assistance to the Victim/Witness Assistance units within the solicitors' offices.
(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."
SECTION 5. Section 1-11-310(E) and (F) of the 1976 Code, as last amended by Act 449 of 1992 are further amended to read:
"(E) Titles to school buses and service vehicles operated by the State Department of Education and vehicles operated by the South Carolina Department of Highways and Public Transportation must be retained by those agencies.
(F) Exceptions to requirements in subsections (B) and (C) must be approved by the director of the Division of Motor Vehicle Management. Requirements in subsection (B) do not apply to the Division of State Development Board of the South Carolina Department of Commerce."
SECTION 6. Section 1-19-60 of the 1976 Code is amended to read:
"Section 1-19-60. The State Reorganization Commission shall be is composed of nineteen members, who shall serve for terms of two years, of whom One shall must be the chairman of the Ways and Means Committee of the House of Representatives, one shall must be the chairman of the Judiciary Committee of the House of Representatives, five shall must be members of the House of Representatives elected by the House of Representatives, one shall must be the chairman of the Finance Committee of the Senate, one shall must be the chairman of the Judiciary Committee of the Senate, five shall must be members of the Senate elected by the Senate, and five shall must be appointed by the Governor, one of whom may be a member of the State Development the director of the Department of Commerce or the director's designee who shall serve ex officio or some other a member of a state board, who shall serve ex officio. In the case of a vacancy in the membership of the commission it shall must be filled in the manner of the original election or appointment."
SECTION 7. Section 1-20-50(B)(5) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(5) South Carolina Coordinating Council for Economic Development [Abolished by creation of an Advisory a Coordinating Council for Economic Development of the Department of Commerce]"
SECTION 8. Section 1-23-10(4) of the 1976 Code is amended to read:
"(4) `Regulation' means each agency statement of general public applicability that implements or prescribes law or policy or practice requirements of any agency. The term includes the amendment or repeal of a prior regulation but does not include descriptions of agency procedures applicable only to agency personnel; opinions of the Attorney General; decisions or orders in rate making, price fixing or licensing matters; awards of money to individuals; policy statements or rules of local school boards; regulations of the National Guard; decisions, orders and decisions of the Board of Paroles and Pardons or and rules of the Department of Probation, Parole and Pardon Board Services; orders of the supervisory or administrative agency of any penal, mental or medical institution, in respect to the institutional supervision, custody, control, care or treatment of inmates, prisoners or patients therein; decisions of the governing board of any university, college, technical college, school or other educational institution with regards to curriculum, qualifications for admission, dismissal and readmission, fees and charges for students, conferring degrees and diplomas, employment tenure and promotion of faculty and disciplinary proceedings; decisions of the Human Affairs Commission relating to firms or individuals; advisory opinions of any agencies; and other agency actions relating only to specified individuals."
SECTION 9. Section 1-23-111(A) of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-23-111. (A) When a public hearing is held pursuant to this article involving the promulgation of regulations by a department for which the governing authority is a single director, it shall be conducted by an administrative law judge assigned by the chief judge. When a public hearing is held pursuant to this article involving the promulgation of regulations by a department for which the governing authority is a board or commission, it shall be conducted by the board or commission, with the chairman or his designee from the board presiding. The administrative law judge, chairman, or chairman chairman's designee, as the presiding official, shall ensure that all persons involved in the public hearing on the regulation are treated fairly and impartially. The agency shall submit into the record the jurisdictional documents, including the statement of need and reasonableness, and any written exhibits in support of the proposed regulation. The agency may also submit oral evidences. Interested persons may present written or oral evidence. The presiding official shall allow questioning of agency representatives or witnesses, or of interested persons making oral statements, in order to explain the purpose or intended operation of the proposed regulation, or a suggested modification, or for other purposes if material to the evaluation or formulation of the proposed regulation. The presiding official may limit repetitive or immaterial statements or questions. At the request of the presiding official or the agency, a transcript of the hearing must be prepared."
SECTION 10. Subsections (A) and (B) of Section 1-23-600, as added by Act 181 of 1993, are amended to read:
"(A) The hearings and proceedings concerning contested cases must be transcribed and are open to the public unless confidentiality is allowed or required by law. The presiding administrative law judge shall render the decision in a written order. Except as provided in this subsection, The the decisions or orders of these administrative law judges are not required to be published but are available for public inspection unless the confidentiality thereof is allowed or required by law. All decisions relating to the Department of Revenue must be made public. However, where confidentiality requires, decisions may be redacted.
(B) An administrative law judge of the division shall preside over all hearings of contested cases as defined in Section 1-23-310 involving the departments of the executive branch of government in which a single hearing officer is authorized or permitted by law or regulation to hear and decide such cases, except those arising under the Occupational Safety and Health Act., those matters which are otherwise provided for in Title 56, or those other cases or hearings which are prescribed for or mandated by federal law or regulation, unless otherwise by law specifically assigned to the jurisdiction of the Administration Law Judge Division."
SECTION 11. Section 1-30-10(A) of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"(A) There are hereby created, within the executive branch of the state government, the following departments:
(1) Department of Agriculture;
(2) Department of Alcohol and Other Drug Abuse Services;
(3) Department of Commerce;
(4) Department of Corrections;
(5) Department of Disabilities and Special Needs;
(6) Department of Education;
(7) Department of Health and Environmental Control;
(8) Department of Health and Human Services;
(9) Department of Insurance;
(10) Department of Juvenile Justice;
(11) Department of Labor, Licensing, and Regulation;
(12) Department of Mental Health;
(13) Department of Natural Resources;
(14) Department of Parks, Recreation and Tourism;
(15) Department of Probation, Pardon and Parole and Pardon Services;
(16) Department of Public Safety;
(17) Department of Revenue and Taxation;
(18) Department of Social Services;
(19) Department of Transportation."
SECTION 12. Section 1-30-10(f)(2)(iii) of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"(iii) Department of Probation, Parole and Parole and Pardon Services created pursuant to Section 1-30-85 by the director of the former Department of Probation, Pardon and Parole;"
SECTION 13. Section 1-30-25, as added by Act 181 of 1993, is amended to read:
"Section 1-30-25. Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Commerce to be initially divided into divisions for Aeronautics a State Aviation Administration, a Advisory Coordinating Council for Economic Development, State Development, Public Railways and Savannah Valley Development:
(A) South Carolina Aeronautics Commission, formerly provided for at Section 55-5-10, et seq.;
(B) Coordinating Council for Economic Development, formerly provided for at Section 41-45-30, et seq.;
(C) Savannah Valley Authority, formerly provided for at Section 13-9-10, et seq.;
(D) State Development Board, except for the Film Office, formerly provided for at Section 13-3-10, et seq.;
(E) South Carolina Public Railways Commission, formerly provided for at Section 58-19-10, et seq."
SECTION 14. Section 1-30-35 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-30-35. 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 the agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall must be administered as part of the Department of Disabilities and Special Needs to be initially divided into divisions for Mental Retardation, Head and Spinal Cord Injury, and Autism; provided,. However, that the board of the former Department of Mental Retardation as constituted on June 30, 1993, and thereafter after that time, under the provisions of Section 44-19-10 44-20-10, et seq., shall be is the governing authority for the department.
(A) Department of Mental Health Autism programs, formerly provided for at Section 44-9-10, et seq.;
(B) Head and Spinal Cord Injury Information System, formerly provided for at Section 44-38-10, et seq.;
(C) Department of Mental Retardation, formerly provided for at Section 44-19-10 44-20-10, et seq."
SECTION 15. Section 1-30-65(C) of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"(C) Professional and Occupational Licensing Boards including:
Accountancy Board, formerly provided for at Section 40-1-10 et seq.;
Architectural Board of Examiners, formerly provided for at Section 40-3-10 et seq.;
Athletic Commission, formerly provided for at Section 52-7-10 et seq.;
Auctioneers Commission, formerly provided for at Section 40-6-10 et seq.;
Barber Examiners Board, formerly provided for at Section 40-7-10 et seq.;
Barrier Free Design Board, formerly provided for at Section 10-5-210 et seq.;
Building Code Council, formerly provided for at Section 6-9-60 et seq.;
Burglar Alarm Business, formerly provided for at Section 40-79-10 et seq.;
Chiropractic Examiners Board, formerly provided for at Section 40-9-10 et seq.;
Contractors Licensing Board, formerly provided for at Section 40-11-10, et seq.;
Cosmetology Board, formerly provided for at Section 40-13-10 et seq.;
Dentistry Board, formerly provided for at Section 40-15-10 et seq.;
Embalmers and Funeral Directors/Funeral Service Board, formerly provided for at Section 40-19-10, et seq.;
Engineers and Land Surveyors Board, formerly provided for at Section 40-21-10 40-22-10 et seq.;
Environmental Systems Operators Board, formerly provided for at Section 40-23-10 et seq.;
Fire Sprinkler Contractors Board, formerly provided for at Section 23-45-10 et seq.;
Foresters Registration Board, formerly provided for at Section 48-27-10 et seq.;
Geologists Registration Board, formerly provided for at Section 40-77-10, et seq.;
Harbor Pilots/Pilotage Commission, formerly provided for at Section 54-15-40, et seq.;
Liquefied Petroleum Gas Board, formerly provided for at Section 39-43-20, et seq.;
Manufactured Housing Board, formerly provided for at Section 31-17-10 40-29-10, et seq.;
Modular Appeals Board, formerly provided for at Section 23-43-50, et seq.;
Nursing Board, formerly provided for at Section 40-33-10 et seq.;
Nursing Home Administrators Board, formerly provided for at Section 40-35-10 et seq.;
Occupational Therapy Board, formerly provided for at Section 40-36-10 et seq.;
Optometry Board, formerly provided for at Section 40-37-10 et seq.;
Opticianry Board, formerly provided for at Section 40-38-10 et seq.;
Pharmacy Board, formerly provided for at Section 40-43-10 et seq.;
Physical Therapy Examiners, formerly provided for at Section 40-45-10 et seq.;
Physicians, Surgeons and Osteopaths/Board of Medical Examiners, formerly provided for at Section 40-47-10 et seq.;
Podiatry Examiners, formerly provided for at Section 40-51-10 et seq.;
Professional Counselors, Marital and Family Therapists, formerly provided for at Section 40-75-10 et seq.;
Psychology Board of Examiners, formerly provided for at Section 40-75-10 40-55-20 et seq.;
Pyrotechnic Safety Board, formerly provided for at Section 40-56-10 et seq.;
Real Estate Brokers & Appraisers, Counsellors, Salesmen, Appraisers, Auctioneers, and Property Managers, formerly provided for at Section Sections 40-57-10 and 40-60-10, et seq.;
Residential Home Builders Board, formerly provided for at Section 40-59-10 et seq.;
Sanitarian Board of Examiners, formerly provided for at Section 40-61-10 et seq.;
Social Worker Board of Examiners, formerly provided for at Section 40-63-10 et seq.;
Speech/Language Pathology and Audiology Board of Examiners, formerly provided for at Section 40-67-10 et seq.;
Veterinary Medical Examiners, formerly provided for at Section 40-69-10 et seq."
SECTION 16. Section 1-30-75 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-30-75. Effective on July 1, 1994, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such the agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in, and shall must be administered as part of the Department of Natural Resources to. The department must be initially divided initially into divisions for Geological Mapping and State Geologist, Land Resources Conservation, Water Resources, Marine Resources, Wildlife and Freshwater Fish Fisheries, and State Natural Resources Enforcement; Provided. The South Carolina Wildlife and Marine Resources Commission Board, as constituted on June 30, 1993, and thereafter after that time, under the provisions of Section 50-3-10 et. et seq. shall be is the governing authority for the department:
(A)(1) Geological Mapping Survey of the Research and Statistical Services Division of the Budget and Control Board, to include the State Geologist, formerly provided for at Section 1-11-10, et seq.;
(B)(2) State Land Resources Conservation Commission, less the regulatory division, formerly provided for at Section 48-9-10, et seq.;
(C)(3) South Carolina Migratory Waterfowl Commission, formerly provided for at Section 50-11-20, et seq.;
(D)(4) Water Resources Commission, less the regulatory division, formerly provided for at Section 49-3-10, et seq.;
(E)(5) South Carolina Wildlife and Marine Resources Commission, formerly provided for at Section 50-3-10, et seq."
SECTION 17. Section 1-30-85 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-30-85. Department of Probation, Pardon and Parole and Pardon Services.
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 the agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall must be administered as part of the Department of Probation, Pardon and Parole and Pardon Services:
Department of Probation, Pardon and Parole, formerly provided for at Section 24-21-10, et seq."
SECTION 18. Section 2-7-73(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(A) Any A bill or resolution which would mandate a health coverage or offering of a health coverage by an insurance carrier, health care service contractor, or health maintenance organization as a component of individual or group policies, must have attached to it a statement of the financial impact of the coverage, according to the guidelines enumerated in subsection (B). This financial impact analysis must be conducted by the Division of Research and Statistical Services and signed by an authorized agent of the Department of Insurance, or his designee. The statement required by this section must be delivered to the Senate or House committee to which any a bill or resolution is referred, within thirty days of the written request of the chairman of such the committee."
SECTION 19. Section 2-13-190 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 2-13-190. Within five days after receiving such the page proofs corrected from the Code Commissioner, the Office of Legislative Printing and Information Technology Resources (LPITR) shall print the same and shall deliver as many copies to the Code Commissioner as the commissioner may order. The Code Commissioner on receipt of such these copies shall send a copy to each of the following officers: The Governor, Supreme Court Justices, Clerk of the Supreme Court, Court of Appeals Judges judges, Clerk of the Court of Appeals, circuit judges, circuit solicitors, county Administrative Law Judge Division judges, county solicitors, clerk of the court of each county, judge of probate of each county, Attorney General, Secretary of State, Comptroller General, Adjutant General, State Treasurer, Chief Bank Examiner, Department of the Revenue and Taxation, Director of the Department of Transportation, State Health Officer, Director of the Department of Natural Resources, Chairman of the Public Service Commission, Commissioner of Agriculture, Director Chief Insurance Commissioner of the Department of Insurance, State Budget and Control Board, State Superintendent of Education, State Librarian, Clerk of the House of Representatives, Clerk of the Senate, Director of the South Carolina Archives Department, Director of the Department of Public Safety, and the members of the General Assembly. Any magistrate may obtain a copy of advance sheets of statutes by sending his name, address, and term to the Code Commissioner."
SECTION 20. Section 2-13-240(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(a) Sets of the Code of Laws of South Carolina, 1976, shall must be distributed by the Legislative Council as follows: Governor, three; Lieutenant Governor, two; Secretary of State, three; Treasurer, one; Attorney General, fifty; Adjutant General, one; Comptroller General, two; Superintendent of Education, two; Commissioner of Agriculture, two; each member of the General Assembly, one; office of the Speaker of the House of Representatives, one; Clerk of the Senate, one; Clerk of the House of Representatives, one; each committee room of the General Assembly, one; each member of the Legislative Council, one; Code Commissioner, one; Legislative Council, ten; Supreme Court, fourteen; Court Administration Office, five; each Court of Appeals judge, one; each circuit court judge, one; each circuit court solicitor, one; each family court judge, one; each county court Administrative Law Judge Division judge, one; College of Charleston, one; The Citadel, two; Clemson University, three; Coastal Carolina University, one; Francis Marion College, one; Lander College, one; Medical University of South Carolina, two; South Carolina State College, two; University of South Carolina, four; each regional campus of the University of South Carolina, one; University of South Carolina Law School, forty-six; Winthrop College, two; each technical college or center, one; each county governing body, one; each county clerk of court and register of mesne conveyances where such these offices are separate, one; each county auditor, one; each county coroner, one; each county magistrate, one; each county master in equity, one; each county probate judge, one; each county public library, one; each county sheriff, one; each public defender, one; each county superintendent of education, one; each county treasurer, one; Library of Congress, three; United States Supreme Court, one; each member of Congress from South Carolina, one; each state library which furnishes this State a free set of its Code of Laws, one; Division of Aeronautics State Aviation Administration of the Department of Commerce, one; Department of Alcohol and Other Drug Abuse Services, one; Department of Archives and History, one; Board of Bank Control Financial Institutions, one; Commissioner of Banking, one; Budget and Control Board (Auditor, six; General Services Division, six; Personnel Division, one; Research and Statistical Services Division, one; Retirement System, one); Children's Bureau, one; Department of Consumer Affairs, one; Department of Corrections, two; Criminal Justice Academy, one; Department of Commerce, five; Employment Security Commission, two; Ethics Commission, one; Forestry Commission, one; Department of Health and Environmental Control, five; Department of Transportation, five; Department of Public Safety, five; Human Affairs Commission, one; Workers' Compensation Commission, seven; Department of Insurance, two; Department of Juvenile Justice and Aftercare, one; Department of Labor, Licensing, and Regulation, two; South Carolina Law Enforcement Division, four; Legislative Audit Council, one; State Library, three; Department of Mental Health, three; Department of Disabilities and Special Needs, five; Ports Authority, one; Department of Probation, Parole and Pardon Services, two; Public Service Commission, three; Reorganization Commission, one; Department of Social Services, two; Department of Revenue and Taxation, six; Board for Technical and Comprehensive Education, one; Veterans' Affairs Division of the Governor's office, one; Vocational Rehabilitation, one; Department of Natural Resources, four."
SECTION 21. Section 2-19-10 of the 1976 Code is amended to read:
"Section 2-19-10. (A) Whenever an election is to be held by the General Assembly in Joint Session, including members of the judiciary, a joint committee, composed of eight members, four of whom shall must be members of the House of Representatives and four of whom shall must be members of the Senate, shall must be appointed to consider the qualifications of the candidates. Each body shall determine how its respective members shall must be selected. Each joint committee shall meet as soon after its appointment as may be practicable and shall elect one of its members as chairman, one as secretary, and such other officers as it may deem considers desirable.
(B) Notwithstanding the provisions of subsection (A), the membership of the Committee to Consider the Qualifications of Candidates for the Public Service Commission must be as established by Section 58-3-26."
SECTION 22. Section 4-10-65 of the 1976 Code, as added by Section 99, Part II, Act 164 of 1993, is amended to read:
"Section 4-10-65. Funds collected by the Tax Commission Department of Revenue from the local option sales tax which are not identified as to the governmental unit due the tax, shall, after a reasonable effort by the commission department to determine the appropriate governmental unit, must be deposited to a local option supplemental revenue fund. These funds must be distributed in accordance with Section 4-10-60 to those counties generating less than the minimum distribution."
SECTION 23. Section 4-29-69(A)(2)(b) and (5) of the 1976 Code, as added by Act 123 of 1993, are amended to read:
"(2)(b) is located in a county which is designated at the beginning of the consolidation period as a less-developed county by the South Carolina Tax Commission Department of Revenue pursuant to Section 12-7-1220.
(5) `Consolidation period' means the eighteen-month period beginning on the first date that assets are transferred to the facility in this State from the manufacturing facility in the other state. The South Carolina Economic Development Board Division of State Development of the South Carolina Department of Commerce shall certify in writing to the South Carolina Tax Commission Department of Revenue the specific date that the consolidation period begins."
SECTION 24. Section 6-19-30 of the 1976 Code is amended to read:
"Section 6-19-30. The fund for such these grants shall must be from either revenue-sharing trust funds or from general appropriations to the Department of Health and Environmental Control, which shall administer such the grants for intermission to public water supply authorities or districts, sewer authorities or districts, water and sewer authorities, rural community water or sewer systems, nonprofit corporations, or municipal sewer systems to which the grant is made. The Governor, with the advice and consent of the Senate, shall appoint an advisory committee composed of six members, one from each congressional district of the State. In addition an employee of the Department of Health and Environmental Control, designated by the commissioner thereof director, shall serve ex officio as a member of the committee. The Governor may invite any a director or his representative from any an agency providing water and sewer funds to serve as an advisory nonvoting member to the committee. Of those initially appointed by the Governor and serving on April 1, 1975, the members representing the third and sixth districts shall serve until June 30, 1977, the members representing the second and fourth districts shall serve until June 30, 1978, and the members representing the first and fifth districts shall serve until June 30, 1979. Thereafter all members shall Members must be appointed for terms of three years. In the event of a vacancy a successor shall must be appointed for the unexpired term in the manner of original appointment. The advisory committee shall meet as soon after its appointment as may be practicable and shall organize by electing a chairman, vice-chairman, secretary, and such other officers as it may deem considers desirable. The advisory committee shall select the projects to be funded in accordance with Section 6-19-40. Funds also may also be expended from gifts or grants from any source which are made available for the purpose of carrying out the provisions of this chapter. Appropriations made to the fund but not expended at the end of the fiscal year for which appropriated shall do not revert to the general fund but shall accrue to the credit of the fund. Grants shall must be made only for water supply and waste water facilities projects on which construction was not commenced before April 1, 1974."
SECTION 25. Section 9-1-1535 of the 1976 Code is amended to read:
"Section 9-1-1535. Conservation Enforcement officers of the Law Natural Resources Enforcement section Division of the South Carolina Wildlife and Marine Resources Department shall be of Natural Resources are retired no later than the end of the fiscal year in which they reach their sixty-fifth birthday."
SECTION 26. Section 10-1-100 of the 1976 Code is amended to read:
"Section 10-1-100. All invitations for bid proposals for construction projects (but not including South Carolina Highway Department Department of Transportation projects) issued by the State, its authorities, commissions, departments, committees, or agencies, or any political subdivision of the State, shall set forth in the contract documents, to the extent they are reasonably obtainable by the public awarding authority, those provisions of federal, state, and local statutes, ordinances, and regulations dealing with the prevention of environmental pollution and the preservation of public natural resources that affect or are affected by the projects. If the successful bidder must undertake additional work which was not specified in the invitation for bid proposals or which are due to the enactment of new or the amendment of existing statutes, ordinances, rules, or regulations occurring after the submission of the successful proposal, the awarding agency shall issue a change order, setting forth the additional work that must be undertaken, which shall may not invalidate the contract. The cost of such a this change order to the awarding agency shall must be determined in accordance with the provisions of the contract for change orders or force accounts and that such the additional costs to undertake work not specified in the contract documents shall must not be approved unless written authorization is given the successful bidder/contractor prior to before his undertaking such the additional activity. In the event of a dispute between the awarding agency and the successful bidder/contractor, arbitration procedures may be commenced under the applicable terms of the construction contract under the provisions of Chapter 47, Title 15."
SECTION 27. Section 11-9-825, as last amended by Act 181 of 1993, is further amended to read:
"Section 11-9-825. The staff of the Board of Economic Advisors must be supplemented by the following officials who each shall designate one professional from their individual staffs to assist the BEA staff on a regular basis: the Governor, the Chairman of the House Ways and Means Committee, the Chairman of the Senate Finance Committee, the State Director of the Department of Revenue and Taxation Chairman, and the Director of the Budget Division of the Budget and Control Board. The BEA staff shall meet monthly with these designees in order to solicit their input."
SECTION 28. Section 11-35-1520(12) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(12) Provisions not to Apply. The provisions of this section shall not apply to maintenance services for aircraft of the Division of Aeronautics State Aviation Administration of the Department of Commerce."
SECTION 29. Section 12-4-15 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 12-4-15. (A) The Department of Revenue and Taxation must be divided into such divisions as the commissioner of the department or director may prescribe but shall consist of at least the following principal divisions: tax, motor vehicle titling, registration and licensing and commercial motor vehicle services.
(B) Each division shall be supervised by a deputy director or designee of the Department of Revenue and Taxation."
SECTION 30. Section 12-4-30(C) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(C) After February 1, 1995, the department will be governed in matters of policy and administration by a director appointed by the Governor with the advice and consent of the Senate. The director shall possess sound moral character, superior knowledge in taxation, and proven administrative ability. The director may be removed from office pursuant to the provisions of Section 1-3-240."
SECTION 31. Section 12-4-40 of the 1976 Code is amended to read:
"Section 12-4-40. Each commissioner The director, within thirty days after notice of appointment and before taking office, shall take and file with the Secretary of State the oath of office prescribed by the State Constitution."
SECTION 32. Section 12-4-50 of the 1976 Code is amended to read:
"Section 12-4-50. The terms term of office of the commissioners are director is six years each, with the term of one member expiring every two years. Each commissioner The director shall remain in office until his successor is appointed and qualifies."
SECTION 33. Section 12-4-60 of the 1976 Code is amended to read:
"Section 12-4-60. The commissioners director shall receive an annual salary set by the General Assembly and reimbursement for their expenses incurred while engaged in the work of the commission department in the same manner as other state officers."
SECTION 34. The first paragraph of Section 12-4-70 of the 1976 Code is further amended to read:
"The chairman director of the commission shall devote the time required to perform the duties of the office and may not:"
SECTION 35. Section 12-4-340 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"Section 12-4-340. The commission department, for the purposes of collecting delinquent taxes due from a taxpayer, may contract with a collection agency, within or without the State, for the collection of delinquent taxes, including penalties and interest as provided in Section 12-54-227."
SECTION 36. Section 12-4-760 of the 1976 Code is amended to read:
"Section 12-4-760. In addition to any right of appeal otherwise provided by law, a taxpayer may appeal from the decision of the commission Administrative Law Judge Division to the Tax Board of Review circuit court for an interpretation of the Constitution or state laws regarding his property tax exemption status upon payment of his property taxes under protest. The county governing body may appeal the decision of the commission Administrative Law Judge Division to the Tax Board of Review circuit court. Appeals under this section are confined to the record."
SECTION 37. Section 12-21-2423 of the 1976 Code, as added by Section 47, Part II, Act 164 of 1993, is amended to read:
"Section 12-21-2423. An amount equal to one-fourth of the license tax on admissions to a major tourism or recreation facility collected by the Tax Commission Department of Revenue beginning when the facility is open to the general public and ending fifteen years thereafter after that time must be paid to the county or municipality in which the major tourism or recreation facility is located to be used directly or indirectly for additional infrastructure improvements. If the facility is located in an unincorporated area of a county, the payment must be made to the county governing body and, if located within the corporate limits of a municipality, the payment must be made to the municipal governing body. The county or municipal governing body may share funds received from these payments with another county, special purpose district, or municipal governing body to provide additional infrastructure facilities or services in support of the tourism or recreation facility that generates the admission tax revenues responsible for the payments. An additional amount equal to one-fourth of the license tax on admissions to a major tourism or recreation facility collected by the Tax Commission department beginning when the facility is open to the general public and ending fifteen years thereafter after that time must be transferred to the State Treasurer to be deposited into a special tourism infrastructure development fund and distributed pursuant to the approval of the South Carolina Coordinating Council for Economic Development of the Department of Commerce as provided in this section. Deposits into the fund must be separated into special accounts based on which facility generated the transfer. Local units of governments within five miles of a major tourism or recreation facility may apply to the council for infrastructure development grants from the special account for which they are eligible. The amount of the funds received by each of the eligible local governments must be determined by the council based upon its review of a grant application submitted by each government. Preference must be given to applications for projects which directly or indirectly serve the generating facility or other development occurring as a result of the generating facility. Grants may run for more than one year and may be based upon a specified dollar amount or a percentage of the funds annually deposited into the special account. After approval of a grant application, the council may approve the release of funds to eligible local governments. Funds must be used directly or indirectly for additional infrastructure improvements provided in this section. The council shall adopt guidelines to administer the fund including, but not limited to, tourism infrastructure development grant application criteria for review and approval of grant applications. Expenses incurred by the council in administering the fund may be paid from the fund.
For purposes of this section `major tourism or recreation facility' means an establishment to which an aggregate investment in land and new capital assets or in refurbishing or expanding an existing facility of at least twenty million dollars is made within a five-year period and which is used for a theme park, an amusement park, an historical, educational, or a trade museum, a botanical or zoological garden, an aquarium, a cultural center, a theater, a motion picture production studio, a convention center, an arena, a coliseum, an auditorium, or a spectator or participatory sports facility and similar establishments. Secondary support facilities such as food and retail services located within or immediately adjacent to and which directly support the primary `tourism or recreation facility' are included as part of the aggregate investment of at least twenty million dollars for the primary tourism or recreation facility. For purposes of this section `additional infrastructure improvement' means a publicly-owned road or pedestrian access way, a right-of-way, a bridge, a water and sewer facility, an electric or a gas facility, a landfill or waste treatment facility, a hospital or other medical facility, a fire station, a school, a transportation facility, or similar infrastructure facility and facilities ancillary thereto to them including, but not limited to, a publicly-owned tourism or recreation facility which generated the admissions tax from which funds were paid to a county, municipality, or special purpose district."
SECTION 38. Section 12-21-2720(C) of the 1976 Code, as added by Section 19, Part II, Act 164 of 1993, is amended to read:
"(C) In addition to any fees set forth under subsection (A)(3), there is imposed a one-time nonrefundable fee of five hundred dollars on all licenses issued on such the machines for the period between July 1, 1993, and June 30, 1995. The revenue from this fee must be placed in a special account and used exclusively for the purpose of monitoring these machines on a twenty-four hour a day basis. The Tax Commission Department of Revenue is responsible for administering this account and implementing, through regulations as approved by the General Assembly, its requirements."
SECTION 39. Section 12-21-2738 of the 1976 Code, as last amended by Section 19, Part II, Act 164 of 1993, is further amended to read:
"Section 12-21-2738. A person who fails, neglects, or refuses to comply with the terms and provisions of this article or who fails to attach the required license to any machine, apparatus, billiard, or pocket billiard table, as herein required, is subject to a penalty of fifty dollars for each failure, and the penalty must be assessed and collected by the commission department.
If the violation under this section relates to a machine licensed pursuant to Section 12-21-2720(A)(3), the applicable penalty amount is two thousand five hundred dollars, no part of which may be suspended, and one-half of this penalty must be deposited to the credit of the general fund of the State and one-half must be retained by or forwarded to the law enforcement or administrative agency charging the violation."
SECTION 40. Article 20, Chapter 21, Title 12 of the 1976 Code, as added by Section 19, Part II, Act 164 of 1993, is amended to read:
Section 12-21-2770. This article may be cited as the Video Game Machines Act.
Section 12-21-2772. As used in this article:
(1) `Associated equipment' means a proprietary device, machine, or part used in the manufacture or maintenance of a video game machine including, but not limited to, integrated circuit chips, printed wired assembly, printed wired boards, printing mechanisms, video display monitors, and metering devices.
(2) `Commission Department' means the South Carolina Tax Commission Department of Revenue.
(3) `Distributor' means any person who buys and sells or leases video machines or associated equipment in this State. A distributor may also own, operate, service, or repair video machines in this State.
(4) `Licensed establishment' means an establishment owned or managed by a person who is licensed pursuant to Article 19 of this chapter for the location of coin-operated nonpayout video machines with a free play feature.
(5) `Machine' means an electronic video games machine that, upon insertion of cash, is available to play or simulate the play of games as authorized by the commission department utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash.
(6) `Manufacturer' means any person that manufactures or assembles and programs machines or associated replacement equipment authorized for sale or use in this State.
(7) `Net machine income' means money put into the machine minus money paid out in cash. `Gross machine income' means the sum of all cash/money put into the machine.
(8) `Machine owner' means any person, other than a distributor, who owns and operates, maintains, repairs, or services one or more machines in licensed establishments. For purposes of this article `owner/operator' is defined the same as `machine owner'.
(9) `Contraband device/equipment' or `gray area machine' means any unlicensed machine.
Section 12-21-2774. Each machine licensed under this chapter:
(1) may not have any means of manipulation that affect the random probabilities of winning a video game;
(2) shall have one or more mechanisms that accept only coins or cash in the form of bills. The mechanisms must be designed to prevent obtaining credits without paying by stringing, slamming, drilling, or other means;
(3) must have a commission department approved metering device that keeps a record of all cash (total coin accepted and total credit generated by the bill acceptor) inserted into the machine, credits played for video games, and credits won by video players and refunds of winnings and other information as prescribed by the commission department;
(4) must be capable of being accessed on demand by telecommunication from a central computer for purposes of polling or reading device activities and for central computer remote shutdown of machine operations.
Section 12-21-2776. (A) All machines must be registered and licensed by the commission department under procedures and guidelines issued by the commission department.
(B) By July 1, 1995, all machines registered and licensed by the commission department must be equipped with a commission department approved metering device. Each machine owner, operator, or licensed establishment must establish and implement cash controls required by the commission department.
Section 12-21-2778. Each machine must be licensed pursuant to Article 19 of this chapter by the commission department before placement or operation on the premises of a licensed establishment. Each machine must have the license prominently displayed pursuant to Article 19 of this chapter.
Section 12-21-2780. A seal must be affixed to the commission department approved metering device which corresponds to the license as set forth in Section 12-21-2778.
Section 12-21-2782. The commission department shall promulgate rules and regulations regarding the types of machines and equipment that must be licensed and the costs associated with inspection. Notwithstanding the provisions of Section 12-21-2774(1), any machine of a type licensed as of July 1, 1993, in this State and which satisfies the conditions of Section 12-21-2776(B) may continue to operate for five years from July 1, 1993. This section may must not be construed as authorizing cash payouts for credits earned after the effective date of a referendum prohibiting such the payouts.
Section 12-21-2784. Each machine manufacturer, distributor, operator, and licensed establishment must be licensed by the commission department pursuant to Article 19 of this chapter and this article before a machine or associated equipment is manufactured, distributed, sold, or placed for public use in this State.
Section 12-21-2786. The placement of machines in licensed establishments is subject to the provisions of Article 19 of this chapter and the rules and regulations promulgated by the commission department.
Section 12-21-2788. The commission department shall deny or revoke an establishment license for machine placement that does not meet the requirements of Section 12-21-2786 pursuant to the provisions of Section 12-54-90.
Section 12-21-2790. It is unlawful to tamper with a machine with intent to interfere with its proper operation. A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned not more than one year or fined not more than five thousand dollars, or both.
Section 12-21-2791. Any location which operates or allows the operation of coin-operated machines pursuant to Section 12-21-2720(A)(3) which provides payouts authorized pursuant to Section 16-19-60 shall limit the cash payout for credits earned for free games to two thousand five hundred credits per for each player per for each location during any twenty-four hour period. The cash value of credits for each free game shall be is limited to five cents.
Section 12-21-2792. Skimming of machine proceeds is the intentional excluding, or the taking of any action in an attempt to exclude anything or its value from the deposit, counting, collection, or computation of revenues from machines. Whoever commits skimming of machine proceeds is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than ten years, without benefit of probation, parole, or suspension of sentence, and may be fined not more than twenty-five thousand dollars.
Section 12-21-2793. Any location which operates or allows the operation of coin-operated machines pursuant to Section 12-21-2720(A)(3) which provides payouts authorized pursuant to Section 16-19-60 may must not be located within five hundred feet within a county and within three hundred feet in a municipality of a public or private elementary, middle, or secondary school; a public or private kindergarten; a public playground or park; a public vocational or trade school or technical educational center; a public or private college or university; or house of worship. The owner of any location operating in violation of the provisions of this section shall be is guilty of a misdemeanor and shall, upon conviction, must be fined not less than one hundred dollars and not nor more than two hundred dollars or imprisoned for not more than sixty days. Each day of operation shall constitute constitutes a separate violation.
The penalty imposed by this section shall is not be effective until after September 1, 1993. Any location relocating pursuant to this section may apply to the Tax Commission department for the reissuance of a license without charge.
The provisions of this section do not apply with respect to any location with machines with licenses issued before May 30, 1993.
Section 12-21-2794. A person who, with intent to manipulate the outcome, payoff, or operation of a machine by physical tampering or any other means is guilty of a felony and, upon conviction, must be imprisoned not less than one year nor more than five years or fined not more than one thousand dollars, or both.
Section 12-21-2796. A machine owner or distributor who wilfully places a machine on location or who wilfully causes a machine to be operated without the state approved metering device is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than ten years, without benefit of probation, parole, or suspension of sentence, and may be fined not more than twenty-five thousand dollars.
Section 12-21-2798. The commission department shall promulgate rules and regulations pertaining to the machines and persons licensed by it.
Section 12-21-2802. Each machine licensed under this article or Article 19 must have a prominently displayed sign citing the penalties provided by Sections 12-21-2790, 12-21-2792, and 12-21-2794 on the wall above the machine or affixed prominently to the machine. The commission department shall make these signs available free of charge.
Section 12-21-2804. (A) No person shall may apply for, receive, maintain, or permit to be used, and the commission shall department may not allow to be maintained, permits or licenses for the operation of more than eight machines authorized under Section 12-21-2720(A)(3) at a single place or premises for the period beginning July 1, 1993, and ending July 1, 1994. After July 1, 1994, the commission department may not issue nor authorize to be maintained any licenses or permits for more than five machines authorized under Section 12-21-2720(A)(3) at a single place or premises. Any licenses or permits issued for the operation of machines authorized under Section 12-21-2720(A)(3) during the period of July 1, 1993, and July 1, 1994, for a two-year period shall continue in effect after July 1, 1994, provided that. However, during the period of July 1, 1994, and July 1, 1995, no person shall may maintain at a single place or premises more than eight machines authorized under Section 12-21-2720(A)(3). No machine may be licensed or relicensed in any location where the primary and substantial portion of the establishment's gross proceeds is from machines licensed under Section 12-21-2720(A)(3). The commission department shall revoke the licenses of machines located in an establishment which fails to meet the requirements of this section. No license may be issued for a machine in an establishment in which a license has been revoked for a period of six months from the date of the revocation. The term `gross proceeds' from the machines means the establishment's portion.
(B) No person who maintains a place or premises for the operation of machines licensed under Section 12-21-2720(A)(3) may advertise in any manner for the playing of the machines nor may a person offer or allow to be offered any special inducement to a person for the playing of machines permitted under Section 12-21-2720(A)(3).
(C) No person under twenty-one years of age may receive a payout as a result of the operation of the machines licensed under Section 12-21-2720(A)(3).
(D) No owner, operator, or marketer may be issued a permit by the commission department for machines pursuant to Section 12-21-2720(A)(3) unless the owner, operator, or marketer has been a resident of the State for two years. The commission department shall require a statement of residency to be filed with the commission department as part of the application process for permits issued under Section 12-21-2720(A)(3) on forms and in a manner the commission department considers appropriate.
(E) It is unlawful to operate machines licensed under Section 12-21-2720(A)(3) between the hours of midnight Saturday night and six o'clock a.m. Monday morning.
(F) A person violating subsections (A), (B), (D), or (E) of this section is subject to a fine of up to five thousand dollars to be imposed by the commission department. The commission department, upon a determination that the violation is wilful, may refer the violation to the Attorney General or to the appropriate circuit solicitor for criminal prosecution, and, upon conviction, the person must be fined not more than ten thousand dollars or imprisoned not more than two years, or both. The commission department shall revoke the licenses of any person issued pursuant to the provisions of Article 19 of this chapter for a violation of subsection (C) of this section. Revocation is pursuant to the procedures set forth in Section 12-54-90.
Section 12-21-2806. The cash payouts authorized by Section 16-19-60 of the 1976 Code relating to coin-operated devices may only be continued in any county in South Carolina after June 30, 1995, if a majority of the qualified electors of the county voting in a statewide referendum at the time of the 1994 general election vote in favor of the continued regulation and issuance of these licenses. The State Election Commission must place the question contained herein on the general election ballot in November, 1994. The state election laws shall apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the referendum within each county and certify them to the Secretary of State. If the result of this referendum is not in favor of a continuation of cash payouts for credits earned on coin-operated devices within the county, Section 16-19-60 of the 1976 Code shall not apply within such the county after July 1, 1995.
If a majority of the qualified electors within a county vote to terminate cash payoffs for credits earned on coin-operated devices after July 1, 1995, the Tax Commission Department of Revenue shall refund to any person holding a license for the operation of coin-operated devices, on a pro-rata basis, the portion of any license fees previously paid the commission department for licenses which extend beyond July 1, 1995.
The question put before the voters shall read as follows:
`Shall cash payouts for credits earned on coin-operated video game machines remain legal and subject to licensure and regulation by the State of South Carolina after June 30, 1995?'
Section 12-21-2808. In addition to the referendum to be held at the 1994 general election, counties are authorized to hold a referendum to determine whether or not cash payoffs provided for under Section 16-19-60 of the 1976 Code relating to coin-operated devices shall be authorized. The counties are authorized to hold such a referendum in the manner provided in this section except that no such referendum may be held until the 1998 general election and may also be held in subsequent general elections as provided herein.
(1) The referendum must be held:
(a) upon the passage of an ordinance of the governing body of a county providing for a referendum if the ordinance is passed at least ninety days before a general election; or
(b) upon a petition so requesting filed with the county election commission more than ninety days before the general election containing the signatures of at least ten percent, but not more than two thousand five hundred, of the qualified electors of the county as of the time of the preceding general election.
(2) In any county in which cash payoffs are authorized by Section 16-19-60 of the 1976 Code relating to coin-operated devices at the time of the referendum provided for in this section, the question put before the voters shall read as follows:
`Shall cash payoffs for credits earned on coin-operated video game machines remain legal and subject to licensure and regulation by the State of South Carolina?'
(3) In any county in which, at the time of the referendum provided for in this section, cash payoffs as provided for by Section 16-19-60 of the 1976 Code relating to coin-operated devices are not authorized, the question put before the voters shall read as follows:
`Shall cash payoffs for credits earned on coin-operated video game machines be allowed and subject to licensure and regulation by the State of South Carolina?'
(4) If the result of the referendum provided for in this section is not in favor of a continuation of cash payoffs for credits earned on coin-operated devices within the county, Section 16-19-60 of the 1976 Code shall not apply within the county after July first of the year following the referendum.
(5) If the results of the referendum provided for in this section are to authorize cash payoffs relating to coin-operated devices, Section 16-19-60 shall apply within such county after January first of the year following the referendum.
(6) The state election laws apply to the referendum provided in this section, mutatis mutandis.
(7) If a majority of the qualified electors within a county vote to terminate cash payoffs for credits earned on coin-operated devices, in a referendum as authorized in this section, the Tax Commission Department of Revenue shall refund to any person holding a license for the operation of coin-operated devices on a pro rata basis, the portion of any license fees previously paid the commission department for licenses which extend beyond July first of the year after the referendum."
SECTION 41. Section 12-21-5020(4) of the 1976 Code, as added by Section 70, Part II, Act 164 of 1993, is amended to read:
"(4) `Commission Department' means the South Carolina Tax Commission Department of Revenue."
SECTION 42. Section 12-21-5030 of the 1976 Code, as added by Section 70, Part II, Act 164 of 1993, is amended to read:
"Section 12-21-5030. The commission department shall administer the provisions of this article. Payments required by this article must be made to the commission department on the form provided by it. Dealers are not required to give their name, address, social security number, or other identifying information on the form. The commission department shall collect all taxes under this article."
SECTION 43. Section 12-21-5040 of the 1976 Code, as added by Section 70, Part II, Act 164 of 1993, is amended to read:
"Section 12-21-5040. The commission department may promulgate regulations necessary to enforce this article. The commission department shall adopt a uniform system of providing, affixing, and displaying official stamps, official labels, or other official indicia for marijuana and controlled substances on which a tax is imposed."
SECTION 44. Section 12-21-6010 of the 1976 Code, as added by Section 70, Part II, Act 164 of 1993, is amended to read:
"Section 12-21-6010. Official stamps, labels, or other indicia to be affixed to all marijuana or controlled substances must be purchased from the commission department. The purchaser shall pay one hundred percent of face value for each stamp, label, or other indicia at the time of the purchase."
SECTION 45. Section 12-21-6040(A) of the 1976 Code, as added by Section 70, Part II, Act 164 of 1993, is amended to read:
"(A) The commission department or a public employee may not reveal facts contained in a report or return required by this article or any information obtained from a dealer. Information contained in a report or return or obtained from a dealer may must not be used against the dealer in a criminal proceeding, unless independently obtained, except in connection with a proceeding involving taxes due under this article from the dealer making the return."
SECTION 46. Section 12-21-6050 of the 1976 Code, as added by Section 70, Part II, Act 164 of 1993, is amended to read:
"Section 12-21-6050. The commission department shall credit the proceeds of the tax levied by this article to the general fund of the State."
SECTION 47. Section 12-27-390 of the 1976 Code, as last amended by Section 15, Part II, Act 164 of 1993, is further amended to read:
"Section 12-27-390. (A) One percent of the proceeds from the gasoline tax imposed pursuant to Sections 12-27-230 and 12-27-240 must be transmitted to the Department of Wildlife and Marine Natural Resources to be placed to the credit of a special water recreational resources fund of the state treasury, and all balances in the fund must be carried forward each year so that no part of it reverts to the general fund of the State. All of the funds must be allocated based upon the number of boats or other watercraft registered in each county pursuant to law and expended, subject to the approval of a majority of the county legislative delegation, including a majority of the resident senators, if any, for the purpose of water recreational resources. The amounts allocated must be deducted from the gross proceeds of the gasoline tax imposed under Sections 12-27-230 and 12-27-240 before net proceeds to be distributed pursuant to Section 12-27-380 are determined. This section does not reduce the one cent a gallon license tax credited to the general fund of the State pursuant to Section 12-27-380.
(B) The governing body of any coastal county, upon recommendation of a majority of the legislative delegation, including a majority of the resident senators, shall refund to any person purchasing gasoline for use in commercial or charter fishing boats operated exclusively in the coastal waters of this State all or a portion of the state tax on the gasoline returned to the county pursuant to this section. The refund, if any, must be made pursuant to regulations established by the governing body of the county.
(C) The South Carolina Wildlife and Marine Resources Department of Natural Resources must be reimbursed for engineering, design, rehabilitation, and law enforcement costs incurred in the administration of the provisions of this section, but funds for law enforcement may not exceed one-third of revenues to the special water recreational resources fund. Funds for reimbursement must be transferred from funds collected under the provisions of this section."
SECTION 48. Section 12-27-400 of the 1976 Code, as last amended by Section 23, Part II, Act 164 of 1993, is further amended to read:
"Section 12-27-400. (A) The monies collected pursuant to the provisions of Section 12-27-240 must be deposited with the State Treasurer and expended on the State Highway System for construction, improvements, and maintenance, together with any other funds made available for the purpose, must be apportioned among the counties of the State in the following manner:
(1) one-third in the ratio which the land area of the county bears to the total land area of the State;
(2) one-third in the ratio which the population of the county bears to the total population of the State as shown by the latest official decennial census; and
(3) one-third in the ratio which the mileage of all rural roads in the county bears to the total rural road mileage in the State as shown by the latest official records of the Department of Highways and Public Transportation. The Tax Commission Department of Revenue shall add a line in the sales, use, and local option sales tax return form for the collection of information regarding the number of gallons of gasoline sold in each county for use in making allocations of `C' funds as provided in this section. The Tax Commission Department of Revenue shall submit the percentage of the total represented by each county to the commission Department of Transportation by the twenty-fifth day of the month following the end of the calendar quarter.
(B) A county transportation committee that provides its own engineering, contracting, and project supervision may elect to receive its allocation directly from the commission on an annual basis. However, upon request of a county transportation committee, the department must shall continue to administer the funds allocated to the county.
(C) The funds expended must be approved by and used in furtherance of a countywide transportation plan adopted by a county transportation committee. The transportation committee must be appointed by the county legislative delegation and must be made up of fair representation from municipalities and unincorporated areas of the county. County transportation committees may join in approving a regional transportation plan, and the funds must be used in furtherance of the regional transportation plan. This subsection may not be construed as prohibiting the county legislative delegation from making project recommendations to the transportation committee. The members of the county transportation committees, in performing their duties under this section, shall be allowed and paid from "C" fund revenues such subsistence expense and mileage as is paid to members of other state boards and commissions.
(D) The funds allocated to the county may be used to issue county bonds or state highway bonds as provided in subsection (J) of this section, pay directly for appropriate projects, and match federal funds available for appropriate projects.
(E) All unexpended `C' funds allocated to a county remain in the account allocated to the county for the succeeding fiscal year and must be expended as provided in this section.
(F) The countywide and regional transportation plans as provided for in this section must be reviewed and approved by the South Carolina Department of Highways and Public Transportation. Prior to Before the expenditure of funds by the transportation committee, the committee must shall adopt specifications for local road projects. In counties electing to receive their allocation directly pursuant to subsection (B), specifications of roads built with `C' funds are to be established by the countywide or regional transportation committee. In counties electing to have their funds administered by the department Department of Transportation, primary and secondary roads built using `C' funds must meet department specifications.
(G) The provisions of this section may must not be construed as affecting the plans and implementation of plans for a Statewide Surface Transportation System as developed by the South Carolina Department of Highways and Public Transportation.
(H) For purposes of this subsection, `donor county' means a county that contributes to the `C' fund an amount in excess of what it receives under the allocation formula as stated in subsection (A) of this section. In addition to the allocation to the counties pursuant to subsection (A) of this section, the department Department of Transportation annually shall transfer from the State Highway fund to the donor counties an amount equal to nine and one-half million dollars in the ratio of the individual donor county's contribution in excess of `C' fund revenue allocated to the county under subsection (A) of this section is to the total excess contributions of all donor counties.
(I) In expending funds under this section, counties that elect to provide for engineering, contracting, and project supervision must shall use a procurement system which requires competitive sealed bids and public advertisement of all projects. All bids for contracts in excess of one hundred thousand dollars must be accompanied by certified bid bonds, and all work awarded under such the contracts must be covered by performance and payment bonds for one hundred percent of the contract value. Bid summaries must be published in a newspaper of general distribution following each award.
(J) There are authorized the issuance of state highway bonds for the completion of projects for which `C' funds may be expended for projects as determined by the transportation committee. The applicable source for payment of principal and interest on the bonds is the share of `C' fund revenues available for use by the transportation committee. The application for such the bonds must be filed by the transportation committee with the commission Department of Transportation and the State Treasurer, which shall in turn shall forward the application to the State Budget and Control Board which shall consider the application in the same manner that it considers state highway bonds, mutatis mutandis."
SECTION 49. Section 12-27-1270 of the 1976 Code, as last amended by Section 49, Part II, Act 164 of 1993, is further amended to read:
"Section 12-27-1270. The first eighteen million dollars generated from the tax levied in Sections 12-27-1210, 12-27-1220, 12-27-1230, and 12-27-1240 must be segregated in a separate account for economic development. This account may be expended only upon the authorization of the South Carolina Coordinating Council for Economic Development of the Department of Commerce which shall establish project priorities. Funds devoted to the economic development account must remain in the account if not expended in the previous fiscal year. Annually, funds from the tax levied in Section 12-27-1210 must be deposited to replenish the account to the extent and in an amount necessary to maintain an uncommitted and/or an unobligated, or both, fund balance of eighteen million dollars but not to exceed eighteen million dollars for the ensuing fiscal year. The council may spend no more than two hundred fifty thousand dollars, in the first year only, for a long-term economic development plan which must be submitted to the General Assembly on completion of the plan. The council may spend not more than sixty thousand dollars annually for a state infrastructure model."
SECTION 50. Section 12-36-1710(G) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(G) The Department of Revenue and Taxation and the Division of Aeronautics State Aviation Administration of the Department of Commerce may not issue a license or transfer of title without first procuring from the Department of Revenue and Taxation information showing that the excise tax has been collected. The Department of Natural Resources may not license any boat or register any motor without first procuring from the Department of Revenue and Taxation information showing that the excise tax has been collected."
SECTION 51. Section 12-36-2570 of the 1976 Code, as last amended by Section 103, Part II, Act 164 of 1993, is further amended to read:
"Section 12-36-2570. (A) The taxes imposed under the provisions of this chapter, except as otherwise provided, are due and payable in monthly installments on or before the twentieth day of the month following the month in which the tax accrues.
(B) On or before the twentieth day of each month, every person on whom the taxes under this chapter are imposed shall render to the commission department, on a form prescribed by it, a true and correct statement showing, by location, the gross proceeds of wholesale and retail sales of his business, and sales price of the property purchased for storage, use, or consumption in this State, together with other information the commission department may require.
(C) At the time of making a monthly report, the person shall compute the taxes due and pay to the commission department the amount of taxes shown to be due. A return is considered to be timely filed if the return is mailed and has a postmark dated on or before the date the return is required by law to be filed.
(D) The commission department may permit the filing of returns every twenty-eight days. These returns must be filed within twenty days following the period covered by the return.
(E) The commission department may enter into an agreement with a taxpayer which allows the taxpayer to remit the tax on statistical factors as set forth in the agreement. This method of reporting only applies to purchases by the taxpayer for its use, storage, or consumption, and not to purchases by the taxpayer for resale."
SECTION 52. The second paragraph of Section 12-36-2610 of the 1976 Code, as last amended by Section 98, Part II, Act 164 of 1993, is further amended to read:
"In no case is a discount allowed if the return, or the tax on it is received after the due date, pursuant to Section 12-36-2570, or after the expiration of any extension granted by the commission department. The discount permitted a taxpayer under this section may not exceed three thousand dollars during any one state fiscal year. However, a person making sales into this State who cannot be required to register for sales and use tax under applicable law but who nevertheless voluntarily registers to collect and remit use tax on items of tangible personal property sold to customers in this State is entitled to a discount on returns filed as otherwise provided in this section not to exceed ten thousand dollars during any one state fiscal year."
SECTION 53. The first paragraph of Section 12-37-930 of the 1976 Code is amended to read:
"All property shall must be valued for taxation at its true value in money which in all cases shall be held to be is the price which the property would bring following reasonable exposure to the market, where both the seller and the buyer are willing, are not acting under compulsion, and are reasonably well informed as to the uses and purposes for which it is adapted and for which it is capable of being used. Provided, however, that Acreage allotments or marketing quota allotments for any a commodity as established under any a program of the United States Department of Agriculture shall be are classified as incorporeal hereditaments, and the market value of any real property to which they are attached shall may not include the value, if any, of such the acreage allotment or marketing quota. Provided, further, Fair market value of manufacturer's machinery and equipment used in the conduct of the manufacturing business, excluding, however, vehicles licensed by the Highway Department department, boats, and airplanes shall must be determined by reducing the original cost by an annual allowance for depreciation as stated in the following schedule."
SECTION 54. The last paragraph of Section 12-37-930 of the 1976 Code, as amended by Section 81, Part II, Act 164 of 1993, is further amended to read:
"Notwithstanding the percentage allowance stated in the schedule above, the commission department, after examination of the relevant facts, may permit an adjustment in the percentage allowance, with the total allowance not to exceed twenty-five percent, on account of extraordinary obsolescence. The commission department may set forth a depreciation allowance, instead of the depreciation allowance provided in this section, not to exceed twenty-five percent where the taxpayer can provide relevant data concerning a useful life of the machinery and equipment which is different from the period shown in this section."
SECTION 55. Section 12-37-2680 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 12-37-2680. The assessed value of the vehicle must be determined as of the first day of the month preceding the beginning of the tax year for the vehicles. The assessed values must be published in guides or manuals by the South Carolina Department of Revenue and Taxation and provided to the auditor of each county as often as may be necessary to provide for current values. When the value of any vehicle is not set forth in the guide or manual, the auditor shall determine the value from other available information. Any person aggrieved by the valuation of his motor vehicle may appeal, within thirty days of the board's decision, to the South Carolina Department of Revenue and Taxation Administrative Law Judge Division and the department presiding administrative law judge may increase, decrease, or affirm the value so determined. Appeals under this section are confined to the record."
SECTION 56. Subsection (A) of Section 12-43-300 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 12-43-300. (A) Whenever the market value estimate of any property is fixed by the assessor at a sum greater by one thousand dollars or more than the amount returned by the owner or his agent, or whenever any property is valued and assessed for taxation which has not been returned or assessed previously, the assessor shall, on or before July first, or as soon thereafter as may be practicable, in the year in which the valuation and assessment is made give written notice thereof to the owner of the property or his agent. In reassessment years, the written reassessment notice to owners or agents must be given by July first. If there is no timely written notice, the prior year's assessed value must be the basis for assessment for the current taxable year. The notice must include the prior market value, the total market value estimate, the value estimate if applicable, the assessment ratio, the total new assessment, the percentage changes over the prior market value, if there is no change in use or physical characteristics of the property, number of acres or lots, location of property, tax map, appeal procedure, and other pertinent ownership and legal description data required by the South Carolina Department of Revenue and Taxation. The notice may be served upon the owner or his agent personally or by mailing it to the owner or his agent at his last known place of residence which may be determined from the most recent listing in the applicable telephone directory, Department of Revenue and Taxation Motor Vehicle Registration List, county treasurer's records, or official notice from the property owner or his agent. The owner or his agent, if he objects to the valuation and assessment, shall serve written notice of his objection upon the assessor within thirty days of the date of the mailing of the notice. In years when there is no notice of appraisal because of a less than one thousand dollar change or no change in the appraised or assessed value, the owner or agent has until March first to serve written notice of objection upon the assessor of the appraised or assessed value. In those years, failure to serve written notice of objection by March first constitutes a waiver of the owner's right of appeal for that tax year and the assessor is not required to review any request filed after March first. The assessor shall then schedule a conference with the owner or agent within twenty days of receipt of the notice. If the assessor requests it, the owner, within thirty days after the conference, shall complete and return to the assessor the form as may be approved by the Department of Revenue and Taxation relating to the owner's property and the reasons for his objection. Within thirty days after the conference, or as soon thereafter as practicable, the assessor shall mail written notice of his action upon the objection to the owner. The owner or agent, if still aggrieved by the valuation and assessment, may appeal from the action to the Board of Assessment Appeals by giving written notice of the appeal and the grounds thereof to the assessor within thirty days from the date of the mailing of the notice. The assessor shall notify promptly the Board of Assessment Appeals of the appeal.
Any property owner, his agent, or the assessor may appeal from the finding of the board upon written notice to the Administrative Law Judge Division within thirty days from the date of the board's finding. The grounds for the appeal shall be filed with the board. The board, shall, upon receipt of the Notice of Appeal, deliver a copy thereof to the assessor or the owner. Appeals under this section are confined to the record."
SECTION 57. Section 12-53-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 12-53-220. When a jeopardy assessment has been made pursuant to Section 12-53-210, the collection of the whole or any amount of such the assessment may be stayed by filing with the Department of Revenue and Taxation, within such a time as may be fixed by regulations prescribed by the department, a bond in an amount as to which a stay is desired, conditioned for the payment of the amount hereinafter specified at the time when such the tax would be due if such a tax is not due at the time of the making of such a jeopardy assessment, or if such the tax is due or overdue at the time of the making of such a jeopardy assessment, at such the time as may be fixed by such regulations. A bond as contemplated in this article shall must be in the form of a surety bond issued by a surety company licensed to do business in South Carolina by the insurance department Department of Insurance of this State, or cash which shall may not bear interest, or negotiable securities subject to the approval of the State Treasurer. The bond in all instances would be conditioned upon the payment of the full amount of the assessment together with applicable interest, penalties, and costs of collection."
SECTION 58. Section 12-54-1010 of the 1976 Code, as added by Act 164 of 1993, is amended to read:
"Section 12-54-1010. (A) Every department, board, commission, division, authority, district, or other agency of the State or its subdivisions, including a municipality or district, issuing or renewing a license or other authority to conduct a profession, trade, or business annually shall furnish to the commission department on forms it requires by regulation before July thirty-first a list of all persons furnishing goods, services, or real estate space to the agency during the preceding fiscal year. The commission department, in its discretion, by regulation, may require municipalities and districts with a population exceeding a level it determines to furnish annually the information required under this item.
(B) The lists provided to the commission department pursuant to subsection (A) must contain the name, address, and social security or federal identification number of the licensee or provider and other information the commission department may require by regulation.
(C) If the commission department determines from the information pursuant to subsections (A) and (B) or otherwise that a person who holds a license or other authority issued by an agency, as defined in subsection (A), or who has agreed to furnish goods, services, or real estate space to an agency has neglected or refused to file returns or to pay a tax required under provisions of law administered by the commission department and that the person has not filed in good faith a pending application for abatement of the tax or a pending petition before the appropriate authority contesting the tax, the commission department shall notify the agency and the person in writing of that fact. Upon written request of the commission department and after a hearing and notice to the licensee as required under applicable provisions of law, the agency shall revoke or suspend the license or certificate of authority if the agency finds the returns and taxes required under this title have not been filed or paid and that the licensee has not filed in good faith a pending application for abatement of the tax or a pending petition before the appropriate authority contesting the tax. For the purpose of these findings, the written representation to that effect by the commission department to the agency constitutes prima facie evidence of that fact. The commission department may intervene in a hearing conducted with respect to license revocation or suspension. Findings made by the agency with respect to license revocation or suspension must be made only for the purposes of the proceeding and are not relevant to and must not be introduced in another proceeding at law, except for an appeal from license revocation or suspension. A license or other authority suspended or revoked under this section must not be reissued or renewed until the agency receives a certificate issued by the commission department that the licensee is in good standing with respect to returns due and taxes payable to the commission department as of the date of issuance of the certificate, including taxes and returns referenced in the initial notification. A person aggrieved by a decision pursuant to this section may appeal pursuant to the Administrative Procedures Act."
SECTION 59. Section 12-54-1020(C) of the 1976 Code, as added by Act 164 of 1993, is amended to read:
"(C) An agency, as defined in Section 12-54-1010(A), which has been notified by the commission department pursuant to provisions of law administered by the commission department that a person who holds a license or certificate of authority issued by the agency or who has agreed to furnish goods, services, or real estate space to the agency has neglected or refused to file returns or to pay a tax required and that the person has not filed in good faith a pending application for abatement of the tax or a pending petition before the appropriate authority contesting the tax, shall refuse to reissue, renew, or extend the license or other authority, contract, or agreement until the agency receives a certificate issued by the commission department that the person is in good standing with respect to returns due and taxes payable to the commission department as of the date of issuance of the certificate, including returns and taxes referenced in the initial notification."
SECTION 60. Section 13-1-10, as added by Act 181 of 1993, is amended to read:
"Section 13-1-10. (A) The Department of Commerce is established as an administrative agency of state government which is comprised of a Division of State Development, a Division of Savannah Valley Development, a Division of Aeronautics State Aviation Administration, a Division of Public Railways, and an Advisory a Coordinating Council for Economic Development. Each division of the Department of Commerce shall have such functions and powers as provided for by law.
(B) All functions, powers, and duties provided by law to the State Development Board, the Savannah Valley Authority, the South Carolina Aeronautics Commission, the South Carolina Public Railways Commission, and the Coordinating Council for Economic Development, its officers or agencies, are hereby transferred to the Department of Commerce together with all records, property, personnel, and unexpended appropriations. All rules, regulations, standards, orders, or other actions of these entities shall remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act."
SECTION 61. Article 7, Chapter 1, Title 13 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
Section 13-1-1110. The organization and objectives of the State Aviation Administration, a division of the Department of Commerce are stated in Chapters 1 through 9 of Title 55."
SECTION 62. Article 11, Chapter 1, Title 13 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
Section 13-1-1710. There is hereby created the Advisory Coordinating Council for Economic Development. The membership shall consist of the Director of the Department of Commerce, the Commissioner of Agriculture, the Chairman of the South Carolina Employment Security Commission, the Director of the South Carolina Department of Parks, Recreation and Tourism, the Chairman of the State Board for Technical and Comprehensive Education, the Chairman of the South Carolina Ports Authority, the Chairman of the South Carolina Public Service Authority, the Chairman of the South Carolina Jobs Economic Development Authority, the Chairman of the South Carolina Department of Revenue and Taxation, and the Chairman of the Small and Minority Business Expansion Council, and the Dean of the School of Business at South Carolina State University. The Director of the Department of Commerce shall serve as the chairman of the advisory coordinating council.
Section 13-1-1720. (A) The advisory coordinating council shall meet at least quarterly. It shall enhance the economic growth and development of the State through strategic planning and coordinating activities which must include:
(1) development and revision of a strategic state plan for economic development. `Strategic state plan for economic development' means a planning document that outlines strategies and activities designed to continue, diversify, or expand the economic base of South Carolina, based on the natural, physical, social, and economic needs of the State;
(2) monitoring implementation of a strategic plan for economic development through an annual review of economic development activities or the previous year and modifying the plan as necessary;
(3) coordination of economic development activities of member agencies of the advisory coordinating council and its advisory committees;
(4) use of federal funds, foundation grants, and private funds in the development, implementation, revision, and promotion of a strategic plan for economic development;
(5) evaluation of plans and programs in terms of their compatibility with state objectives and priorities as outlined in the strategic plan for economic development.;
(6) authorization of expenditures from the economic development account as provided in Section 12-27-1270.
(B) The advisory coordinating council may not engage in the delivery of services.
Section 13-1-1730. The advisory coordinating council shall make reports to the Governor, the chairmen of the Senate Finance and House Ways and Means Committees, and the General Assembly at least annually in the Department of Commerce's annual report on the status and progress of economic development goals which have been set for the State as a part of the ongoing planning process and on the commitments, expenditures, and balance of the Economic Development Account, with appropriate recommendations.
Section 13-1-1740. (A) The advisory coordinating council shall make recommendations to the Governor, the General Assembly, and the State Budget and Control Board as to the policies and programs involved in the state's economic development it considers necessary to carry out the objectives of the strategic plan.
(B) The advisory coordinating council shall review agency requests for legislative appropriations for economic development and may make recommendations to the Budget and Control Board and the General Assembly concerning requests compatible with the objectives of the strategic plan. Nothing in this section limits an agency's direct access to the General Assembly, and comment by the advisory coordinating council is not a part of the budget process.
Section 13-1-1750. Funds for technical, administrative, and clerical assistance and other expenses of the advisory coordinating council must be provided by the member agencies. The advisory coordinating council may establish technical advisory committees in order to assist in the development of a strategic plan for economic development. The advisory coordinating council shall seek to utilize data relevant to the economic growth and development of the State which is available from the Department of Transportation, the University of South Carolina, Clemson University, and other state agencies and organizations.
Section 13-1-1760. If any provision of Sections 13-1-1710 through 13-1-1760 is in conflict with any existing provisions of law pertaining to the member agencies of the advisory coordinating council, notwithstanding the fact that the provisions of law contained in Sections 13-1-1710 through 13-1-1760 have a later effective date, the prior provision controls. Neither Sections 13-1-1710 through 13-1-1760 nor the advisory coordinating council shall infringe upon nor diminish the self-governing autonomy of the agencies involved."
SECTION 63. Section 13-17-40 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 13-17-40. The authority shall consist consists of a board of twenty-two trustees that includes the following ex officio members: President of the Council of Private Colleges of South Carolina, Chairman of the South Carolina Commission on Higher Education, President of Clemson University, President of the Medical University of South Carolina, President of South Carolina State College, President of the University of South Carolina, President of Francis Marion College, Chairman of the State Board for Technical and Comprehensive Education, Chairman of the State Development Board Director of the Department of Commerce or his designee, Governor of South Carolina or his designee, and Chairman of the Technical Advisory Board of the Authority.
The Governor shall name the chairman who must not be a public official and who shall serve at the pleasure of the Governor.
The remaining ten trustees must be elected by the board of trustees from a list of nominees submitted by an ad hoc committee named by the chairman and composed of the members serving as elected trustees. The original elected trustees must be the same members serving as elected trustees on the authority's predecessor organization on January 1, 1983, for the terms specified by the bylaws of the authority's predecessor. Each of the Congressional Districts of South Carolina shall must have at least one of the ten trustees.
Terms of elected trustees are for four years, and half shall expire every two years. No elected trustee shall may serve more than two consecutive four-year elected terms. Vacancies must be filled for the unexpired term in the manner of original appointment.
Ex officio trustees shall serve as long as they are elected or appointed to their respective offices. In the event of a vacancy of a public sector trustee, the person who temporarily performs the official's functions shall serve as an interim trustee until a new official is elected or appointed.
A vacancy occurs upon the expiration of the term of service, death, resignation, disqualification, or removal of any a trustee. No trustee shall may receive a salary for his services as a trustee;. However, all shall must be reimbursed for actual expenses incurred in service to the authority.
The board annually shall annually submit a report to the General Assembly including information on all acts of the board of trustees together with a financial statement and full information as to the work of the authority. The board shall hire a director who shall maintain through a designated agent accurate and complete books and records of account, custody, and responsibility for the property and funds of the authority and control over the authority bank account. The director, with the approval of the board, has the power to appoint officers and employees, to prescribe their duties, and to fix their compensation. The board of trustees shall select a reputable certified public accountant to audit the books of account at least once each year.
Regular meetings of the board of trustees must be held at such the time and place as the board of trustees may determine. Special meetings of the board of trustees may be called by the chairman when reasonable notice is given."
SECTION 64. Section 15-9-410 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 15-9-410. The provisions of Sections 15-9-390 and 15-9-400 shall not apply to any incorporated air carrier holding a certificate of public convenience and necessity from the Division of Aeronautics State Aviation Administration of the Department of Commerce."
SECTION 65. The first two unnumbered paragraphs of Section 16-3-1120 of the 1976 Code, as last amended by Act 181 of 1993, are further amended to read:
"Section 16-3-1120. A director of the Victim's Compensation Fund must be appointed by the Governor and shall serve at his pleasure. The director is responsible for administering the provisions of this article. Included among the duties of the director is the responsibility, with approval of after consultation with the South Carolina Crime Victim's Advisory Board as established in this article, for developing and administering a plan for informing the public of the availability of the benefits provided under this article and procedures for filing claims for the benefits.
The director, upon approval by the South Carolina Crime Victim's Advisory Board, has the following additional powers and duties:"
SECTION 66. Section 16-3-1130(3) of the 1976 Code, as last amended by Act 181 of 1989, is further amended to read:
"(3) The field representative conducting the investigation shall file with the deputy director a written report setting forth a recommendation and his reason for the recommendation. The deputy director shall render a written decision and furnish the claimant with a copy of the decision."
SECTION 67. Section 16-3-1140 of the 1976 Code, as last amended by Act 181 of 1989, is further amended to read:
"Section 16-3-1140. (1) The claimant may, within thirty days after receipt of the report of the decision of the Deputy Director director make an application in writing to the Deputy Director director for review of the decision.
(2) Upon receipt of an application for review pursuant to subsection (1) of this section, the Deputy Director director shall forward all relevant documents and information to the Chairman of the Crime Victim's Advisory Board. The Chairman chairman shall appoint a three-member panel of the Board board which shall review the records and affirm or modify the decision of the Deputy Director director; provided, that the Chairman chairman may order, in his discretion, that any particular case must be heard by the full Board board. If considered necessary by the Board board or its panel or if requested by the claimant, the Board board or its panel shall order a hearing prior to rendering a decision. At the hearing any relevant evidence, not legally privileged, is admissible. The Board board or its panel shall render a decision within ninety days after completion of the investigation. The action of the Board board or its panel is final and nonappealable. If the Deputy Director director receives no application for review pursuant to subsection (1), his decision becomes the final decision of the Victim's Compensation Fund.
(3) The Board board or its panel, for purposes of this article, may subpoena witnesses, administer or cause to be administered oaths, and examine such parts of the books and records of the parties to proceedings as relate to questions in dispute.
(4) The Deputy Director director shall within ten days after receipt of the Board's board's or panel's final decision make a report to the claimant including a copy of the final decision and the reasons why the decision was made."
SECTION 68. Section 16-3-1150 of the 1976 Code, as last amended by Act 181 of 1989, is further amended to read:
"Section 16-3-1150. Notwithstanding the provisions of Section 16-3-1130, if it appears to the deputy director that the claim is one with respect to which an award probably will be made and undue hardship will result to the claimant, if immediate payment is not made, the deputy director may make one or more emergency awards to the claimant pending a final decision in the case, provided that (a) the amount of each emergency award shall not exceed five hundred dollars, (b) the total amount of such emergency awards shall not exceed one thousand dollars, (c) the amount of such emergency awards must be deducted from any final award made to the claimant, and (d) the excess of the amount of any emergency award over the amount of the final award, or the full amount of any emergency award if no final award is made, must be repaid by the claimant to the Victim's Compensation Fund as created by this article."
SECTION 69. Section 16-3-1200 of the 1976 Code, as last amended by Act 489 of 1984, is further amended to read:
"Section 16-3-1200. In determining the amount of an award, the Deputy Director director, the board, or its panel shall determine whether because of his conduct the victim or intervenor of such crime contributed to the infliction of his injury, and the Deputy Director director, the Board board, or its panel may reduce the amount of the award or reject the claim altogether in accordance with such determination; provided, however, the Deputy Director director, the Board board, or its panel may disregard for this purpose the contribution of an intervenor for his own injury or death where the record shows that the contribution was attributable to efforts by the intervenor as set forth in subsection (8) of Section 16-3-1110."
SECTION 70. Section 16-3-1230(3) of the 1976 Code, as last amended by Act 489 of 1984, is further amended to read:
"(3) Claims must be filed in the office of the Deputy Director director by mail or in person. The Deputy Director director shall accept for filing all claims submitted by persons eligible under subsection (1) of this section and meeting the requirements as to the form of the claim contained in the regulations of the Board board."
SECTION 71. Section 16-3-1260 of the 1976 Code is amended to read:
"Section 16-3-1260. (1)Any A payment of benefits to, or on behalf of, a victim or intervenor or eligible family member under this article shall create creates a debt due and owing to the State by any a person found in a court of competent jurisdiction of this State to have committed such the criminal act.
(2) The circuit court, when placing on probation any a person who owes a debt to the State as a consequence of a criminal act, may set as a condition of probation the payment of the debt or a portion of the debt to the State. The court also may also set the schedule or amounts of payments subject to modification based on change of circumstances.
(3) The Department of Probation, Parole and Community Corrections shall Pardon Services also have has the right to make payment of the debt or a portion of the debt to the State a condition of parole.
(4) When a juvenile is adjudicated delinquent in a family court proceeding involving a crime upon which a claim under this article can be made, the family court in its discretion may order that the juvenile pay the debt to the Victim's Compensation Fund as created by this article as an adult would have to pay had an adult committed the crime. Any assessments so ordered may be made a condition of probation as provided in Section 20-7-1330.
(5) Payments authorized or required under this section must be paid to the Victim's Compensation Fund. The Director of the Victim's Compensation Fund shall coordinate the development of policies and procedures for the South Carolina Department of Corrections, the South Carolina Office of Court Administration, and the South Carolina Board Department of Probation, Parole and Community Corrections Pardon Services to assure that victim restitution programs are administered in an effective manner to increase payments into the Compensation Fund.
(6) Restitution payments to the Victim's Compensation Fund may be made by the Department of Corrections from wages accumulated by offenders in its custody who are subject to this article, except that offenders wages shall must not be used for this purpose if such the monthly wages are at or below minimums required to purchase basic necessities."
SECTION 72. Section 16-3-1300 of the 1976 Code, as last amended by Act 489 of 1984, is further amended to read:
"Section 16-3-1300. Any award made under this article must be paid in accordance with the discretion and decision of the Deputy Director director as to the manner of payment, subject to the regulations of the board and not inconsistent with the Board's board's or panel's award. No award made pursuant to this article is subject to garnishment, execution, or attachment other than for expenses resulting from the injury which is the basis for the claim. In every case providing for an award to a claimant under this article, the Deputy Director director, the Board board, or its panel may, if in its opinion the facts and circumstances of the case warrant it, convert the award to be paid into a partial or total lump sum, without discount."
SECTION 73. Section 16-3-1340 of the 1976 Code, as last amended by Act 181 of 1989, is further amended to read:
"Section 16-3-1340. A claimant may be represented by an attorney in proceedings under this article. Fees for such attorney must be paid from the Victim's Compensation Fund, subject to the approval of the Director director, except that in the event of an appeal pursuant to Section 16-3-1140, attorneys' fees are subject to the approval of the Board board or its panel hearing the appeal. Attorneys for the South Carolina Workers' Compensation Fund shall represent the South Carolina Victim's Compensation Fund in proceedings under this article.
Any person who receives any fee or other consideration or any gratuity on account of services so rendered, unless such consideration or gratuity is approved by the Deputy Director director, or who makes it a business to solicit employment for a lawyer or for himself in respect to any claim or award for compensation is guilty of a misdemeanor and, upon conviction, must for each offense, be punished by a fine of not more than five hundred dollars or by imprisonment not to exceed one year, or by both such fine and imprisonment."
SECTION 74. Section 16-3-1410 of the 1976 Code is amended to read:
"Section 16-3-1410. The Victim Victim's Compensation Fund is authorized to provide the following victim assistance services, contingent upon an appropriation of funds therefor by the General Assembly:
(A) Provide information, training, and technical assistance to state and local agencies and groups involved in victim/witness and domestic violence assistance, such as the Attorney General's Office, the solicitors' offices, law enforcement agencies, judges, hospital staff, rape crisis centers, and spouse abuse shelters.
(B) Provide recommendations to the Governor and General Assembly on needed legislation and services for victims.
(C) Serve as a clearinghouse of victim/witness information.
(D) Develop guidelines for the implementation of victim/witness assistance programs.
(E) Develop ongoing public awareness and programs to assist victims, such as newsletters, brochures, television and radio spots and programs, and news articles.
(F) Provide staff support for a state level advisory group representative of all agencies and groups involved in victim/witness and domestic violence services to improve coordination efforts.
(G) Coordinate the development and implementation of policy and guidelines for the treatment of victims/witnesses with appropriate agencies, with initial emphasis in the following three areas:
(1) The State Victim/Witness Program shall work with the solicitors of this State, the Attorney General's Office, and relevant professional organizations to develop guidelines for solicitors to follow in the handling of victims, to include but not be limited to:
(a) Periodically informing victims of the status of a case.
(b) Providing information to the court on the views of victims of violent crime on bail decisions, continuances, plea bargains, dismissals, sentencing, and restitution.
(c) Pursuing charges of defendants who harass, threaten, injure, or otherwise attempt to intimidate or retaliate against victims or witnesses.
(d) Utilizing a victim and witness on-call system.
(e) Developing procedures for the prompt return of victims' property.
(f) Considering the views of victims and witnesses concerning the use of case continuances.
(g) Informing the solicitors' offices about victim assistance units and their effectiveness.
(h) Informing victims of the availability of civil as well as criminal redress.
(2) The State Victim/Witness Program shall assist the Office of Court Administration and South Carolina Sentencing Guidelines Commission in developing guidelines for all judges to follow in the handling of victims, to include but not be limited to:
(a) Scheduling of court proceedings and an on-call notification system.
(b) Separate waiting rooms for prosecution and defense witnesses.
(c) Special weight for a victim's interests when considering requests for continuances.
(d) Special weight must be given to the victim's interest in speedy return of property before trial in ruling on the admissibility of photographs of that property.
(e) Child sexual assault/incest victims must be given practical legal support by allowing them videotape, legal transcript, or closed session testimony.
(3) The State Victim/Witness Program shall work with the appropriate law enforcement officers' associations and other relevant organizations to develop guidelines and model policies for law enforcement agencies to utilize in handling and working with victims of crime."
SECTION 75. Section 16-3-1550 of the 1976 Code, as last amended by Act 579 of 1988, is further amended to read:
"Section 16-3-1550. (A) The provisions of this section govern the disposition of any offense within the jurisdiction of the General Sessions Court general sessions court, excluding any crime for which a sentence of death is sought, in any case which involves an identified victim whose whereabouts are known. At the option of the solicitor, the provisions of this section also may be extended into the family court in conjunction with the prosecution of juvenile offenders.
(B) It is the responsibility of the solicitor's Victim or/Witness Assistance Unit unit in each judicial circuit or a representative designated by the solicitor or law enforcement agency handling the case to advise all victims of their right to submit to the court, orally or in writing at the victim's option, a victim impact statement to be considered by the judge at the sentencing or disposition hearing in general sessions court and at a parole hearing. The solicitor's office or law enforcement agency shall provide a copy of the written form to any victim who wishes to make a written report. In those cases which the solicitor determines that there has been extensive or significant impact on the life of the victim, the Victim or/Witness Assistance Unit unit shall assist the victim in completing the form. The victim shall submit this statement to the solicitor's office within appropriate time limits set by the solicitor to be filed in the court records by the solicitor's office so it may be available to the defense for a reasonable period of time prior to sentencing. The court shall allow the defendant to have the opportunity to rebut the victim's written statement if the court decides to review any part of the statement before sentencing. If the defendant is incarcerated, the solicitor shall forward a copy of the impact statement and copies of all completed Victim/Witness Notification Requests to the Department of Corrections and to the Parole and Community Corrections Board Department of Probation, Parole and Pardon Services. In the case of juvenile offenders, if the solicitor so opts, a copy shall be forwarded to the appropriate office of the Department of Juvenile Justice if the disposition of the case involves any level of supervision by that agency. Solicitors shall begin using these victim impact statements no later than January 1, 1985.
(C) The Attorney General's Office Executive Director of the Commission on Prosecution Coordination, in coordination with the solicitors, shall develop a standard form forms for the victim impact statement. For this purpose, the Attorney General executive director may seek the assistance of any other state agency or department in developing this form. The Attorney General's office shall distribute this form to all solicitor's offices no later than November 1, 1984.
(D) The victim impact statement shall:
(1) Identify the victim of the offense;
(2) Itemize any economic loss suffered by the victim as a result of the offense;
(3) Identify any physical and psychological injury suffered by the victim as a result of the offense, along with its seriousness and permanence;
(4) Describe any changes in the victim's personal welfare or familial relationships as a result of the offense;
(5) Identify any request for psychological services initiated by the victim or the victim's family as a result of the offense;
(6) Contain any other information related to the impact of the offense upon the victim; and
(7) The original of the statement must be included in the court file with one copy for the solicitor and one copy for the victim upon request.
(E)(F) No sentence may be invalidated because of failure to comply with the provisions of this section. This section must not be construed to create any cause of action for monetary damages."
SECTION 76. Section 17-17-100 of the 1976 Code is amended to read:
"Section 17-17-100. Any A judge before whom a petition for a writ of habeas corpus is made by any a person confined by the State Board Department of Corrections in any of its places of confinement who has been tried and convicted by a court of competent jurisdiction, shall upon issuance of the writ of habeas corpus, shall transfer the matter for hearing to any a judge of any a court of competent jurisdiction in the county where the person was convicted."
SECTION 77. Section 17-22-120 of the 1976 Code, as last amended by Act 499 of 1992, is further amended to read:
"Section 17-22-120. In any a case in which an offender agrees to an intervention program, a specific agreement must be made between the solicitor and the offender. This agreement shall must include the terms of the intervention program, the length of the program and a section stating the period of time after which the prosecutor will either dismiss the charge or seek a conviction based upon that charge. The agreement must be signed by the offender and his or her counsel, if represented by counsel, and filed in the solicitor's office. The Commission on Department of Alcohol and Other Drug Abuse Services shall provide training if requested on the recognition of alcohol and drug abuse to counselor employees of local pretrial intervention programs, and the local agency authorized by Section 61-5-320 shall provide services to alcohol and drug abusers if referred by pretrial intervention programs. However, no services may be denied due to an offender's inability to pay."
SECTION 78. Section 17-25-80 of the 1976 Code is amended to read:
"Section 17-25-80. Notwithstanding the specific language of the sentence which confines an inmate to `hard labor' in the custody of the State Department of Corrections, the Commissioner thereof director may assign such the inmate to the type of labor he deems considers appropriate and necessary for the benefit of the department and the inmate concerned, and such the assignment shall fulfill the conditions of the sentence."
SECTION 79. Section 17-25-145 of the 1976 Code is amended to read:
"Section 17-25-145. The Department of Probation, Parole and Community Corrections Pardon Services must implement a community penalties program in each judicial circuit of the State. The department at its discretion may operate the program or contract with public or private agencies for necessary services. Agencies or individuals may contract to prepare individual community penalty program plans for offenders in a particular judicial circuit as prescribed by the department."
SECTION 80. Section 17-25-370 of the 1976 Code is amended to read:
"Section 17-25-370. In all criminal cases in which the sentence of death is imposed and which are appealed to the Supreme Court or in which notice of intention to appeal is given, when the judgment below has been affirmed or the appeal dismissed or abandoned, the clerk of the Supreme Court, when the remittitur is sent down or the appeal is dismissed or abandoned, shall notify the Commissioner director of the prison system or his duly appointed officer in charge of the State Penitentiary of the final disposition of such the appeal and, on the fourth Friday after the receipt of such the notice the sentence appealed from shall must be duly carried out as provided by law in such cases, unless stayed by order of the Supreme Court or respite or commutation of the Governor."
SECTION 81. Section 17-25-380 of the 1976 Code is amended to read:
"Section 17-25-380. Two copies of the notice shall must be served or sent by registered mail to the Commissioner director of the prison system or his duly appointed officer in charge of the State Penitentiary. The notice, when the sentence has been affirmed, shall must read substantially as follows: `This is to notify you that the sentence of death imposed in the case of State vs. from which an appeal has been taken has been affirmed and finally disposed of by the Supreme Court and the remittitur has been sent down to the clerk of the court of general sessions of County. It is, therefore, required of you by Section 17-25-370 of the Code of Laws of South Carolina to execute the judgment and sentence of death imposed on said defendant or defendants (if more than one) on the fourth Friday after the service upon you or receipt of this notice.'
When the appeal has been dismissed or abandoned the notice shall must be substantially the same as when the sentence has been affirmed except that the first sentence thereof of the notice shall read as follows: `This is to notify you that the appeal from the sentence of death imposed in the case of State vs. has been dismissed (or abandoned) and the notice has been sent down to the clerk of the court of general sessions of County.'"
SECTION 82. Section 17-25-400 of the 1976 Code is amended to read:
"Section 17-25-400. The Commissioner director of the prison system or his duly appointed officer shall immediately serve immediately one of the copies of the notice upon the defendant personally."
SECTION 83. Section 20-7-640(D) of the 1976 Code is amended to read:
"(D) The County Department of Social Services in each county is designated as the Child Protective Service Agency, whose duties are set forth in Section 20-7-650. The county in which the child resides shall be the legal place of venue; provided, that in conjunction with the powers enumerated in this section, each County Board of Social Services shall appoint an advisory board to be composed of resident professionals in the county in which the child resides in the fields of medicine, including nurses, education, health, social workers, members of the clergy and law enforcement officials, if available for the purpose of determining the course of protective action to be taken by the County Department of Social Services. These recommendations are to be deemed advisory only. These appointments to the advisory board shall be made in a nondiscriminatory manner."
SECTION 84. Section 20-7-690(C)(4) of the 1976 Code is amended to read:
"(4) any person engaged in a bona fide research purpose, with written permission of and with any limitations imposed by the Commissioner Director of the State Department of Social Services;"
SECTION 85. Section 20-7-2020 of the 1976 Code is amended to read:
"Section 20-7-2020. The officers and agencies of this State and its subdivisions having authority to place children are empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to item (b) of subsection 5 of the Interstate Compact on the Placement of Children. Any agreement which contains a financial commitment or imposes a financial obligation of this State or subdivision or agency of it is not binding unless it has the approval in writing of the State Treasurer in the case of the State and of the Commissioner Director of the Department of Social Services in the case of a subdivision of the State, as their respective functions and duties may appear and be appropriate pursuant to this subarticle."
SECTION 86. The first paragraph of Section 20-7-2340 of the 1976 Code is amended to read:
"The department shall establish fees for certain adoption and related services. The fees must be charged on a scale related to income as established by the state board department, but the inability to pay a fee does not preclude the providing of any service."
SECTION 87. Section 20-7-2379 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 20-7-2379. (A) There is created, as part of the Office of the Governor, the Division for Review of the Foster Care of Children. The division must be supported by a board consisting of seven members, all of whom must be past or present members of local review boards. There must be one member from each congressional district and one member from the State at large, all appointed by the Governor with the advice and consent of the Senate. Terms of office for the members of the board are for four years and until their successors are appointed and qualify. Of the initial appointments, the Governor shall designate two members to serve for one year, two for a term of two years, two for a term of three years, and one for a term of four years. Thereafter After the initial appointments, appointments must be made by the Governor in the manner as prescribed above in this section for terms of four years to expire on June thirtieth of the appropriate year. The board shall elect from its members a chairman who shall serve for two years. Four members of the board constitute a quorum for the transaction of business. Members of the board shall receive per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees while engaged in the work of the board.
(B) The board shall meet at least quarterly and more frequently upon the call of the division director to review and coordinate the activities of the local review boards and make recommendations to the General Assembly with regard to foster care policies, procedures, and deficiencies of public and private agencies which arrange for foster care of children as determined by the review of cases provided for in items (A) and (B) of Section 20-7-2376(A) and (B). These recommendations must be included in an annual report, filed with the General Assembly, of the activities of the state office and local review boards. The board, upon recommendation of the division director, shall promulgate regulations to carry out the provisions of this subarticle. These regulations shall provide for and must be limited to procedures for:
(1) reviewing reports and other necessary information at state, county, and private agencies and facilities;
(2) scheduling of reviews and notification of interested parties;
(3) conducting local review board and board of directors' meetings;
(4) disseminating local review board recommendations, including reporting to the appropriate Family Court family court judges the status of judicially approved treatment plans; and
(5) developing policies for summary review of children privately placed in privately-owned facilities or group homes.
(C) The Governor may employ a director to serve at his pleasure who may be paid an annual salary to be determined by the General Assembly. The director may be removed pursuant to the provisions of Section 1-3-240. The director shall employ staff as is necessary to carry out the provisions of this subarticle, and the staff must be compensated in an amount and in a manner as may be determined by the General Assembly. The provisions of this subarticle may must not be construed to provide for subpoena authority."
SECTION 88. Section 20-7-2640(C) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(C) The Department of Health and Human Services or the Department of Social Services shall provide coverage and benefits for a child who is in another state and who is covered by an adoption assistance agreement made by the Department of Social Services for the coverage or benefits, if any, not provided by the residence state. To this end, the adoptive parents acting for the child may submit evidence of payment for services or benefit amounts not payable in the residence state and must be reimbursed for them. However, there is no reimbursement for services or benefit amounts covered under insurance or other third party medical contract or arrangement held by the child or the adoptive parents. The department Department of Social Services shall promulgate regulations implementing this subsection. The additional coverages and benefit amounts provided pursuant to this subsection are for the costs of services for which there is no federal contribution, or which, if federally aided, are not provided by the residence state. The regulations must include, but are not limited to, procedures to be followed in obtaining prior approval for services in those instances where required for the assistance."
SECTION 89. Section 20-7-2880(c) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(c) The decision of the department is final unless appealed by a party to an administrative law judge pursuant to the Administrative Procedures Act."
SECTION 90. Section 20-7-2930 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 20-7-2930. Whenever the health or fire safety agency finds upon inspection that a child day care center or group day care home is not complying with the applicable regulations, the appropriate agency shall notify the department. The department shall then request the operator to correct such deficiencies.
a. Every correction notice shall be in writing and shall include a statement of the deficiencies found, the period within which the deficiencies must be corrected and the provision of the subarticle and regulations relied upon. The period shall be reasonable and, except when the appropriate agency finds an emergency dangerous to the health or safety of children, not less than thirty days from the receipt of such notices.
b. Within two weeks of receipt of such notice, the operator of the facility may file a written request with the department for administrative reconsideration of the notice or any portion thereof.
c. The department shall grant or deny a written request and shall notify the operator of action taken.
d. In the event that the operator of the facility fails to correct deficiencies within the period prescribed, the department may suspend the registration of the facility to be effective thirty days after date of notice. An appeal may be taken to an administrative law judge pursuant to the Administrative Procedures Act."
SECTION 91. Section 20-7-2940 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 20-7-2940. a. When the registration of a facility has been suspended, the operator must be given prompt written notice. The notice must indicate the reasons for the suspension and inform the operator of the right to appeal the decision through administrative channels to the department and according to established appeals procedure for the department.
b. Upon appeal, the decision of the department is final unless appealed by a party to an administrative law judge pursuant to the Administrative Procedures Act."
SECTION 92. Section 20-7-3230(A)(4) of the 1976 Code, as last amended by Acts 173 and 181 of 1993, is further amended to read:
"(4) providing juvenile detention services for juveniles charged with having committed a criminal offense who are found, after a detention screening or detention hearing, to require detention or placement outside the home pending an adjudication of delinquency or dispositional hearing. Detention services provided by the department for the benefit of the counties of this State must include secure juvenile detention centers. The size and capacity of the juvenile detention facilities needed shall must be determined by the department after its consideration and review of American Correctional Association standards for the design, construction, and operation of juvenile detention facilities. These recognized national standards must be met or exceeded by the department in determining the size and capacity of the juvenile detention centers and in planning for the construction and operation of the facilities. The department shall determine and announce the anticipated maximum operational capacity of each facility and shall contact each county governmental body in this State for the purpose of determining which counties anticipate utilizing these facilities upon each facility becoming operational. The department shall inform each county governmental body of the existing state and federal laws regarding the confinement of juveniles charged with committing criminal offenses, of each county's ability to develop its own facility or to contract with other counties for the development of a regional facility, and of the availability of the department's facilities. This notice must be provided to each county for the purpose of determining which county governmental bodies desire to enter into an intergovernmental agreement with the department for the detention of juveniles from their particular county who are charged with committing a criminal offense for which pretrial detention is both authorized and appropriate. No later than September 1, 1993, the department shall report to the Budget and Control Board on the strategy of each county to comply with Sections 20-7-600 and 20-7-605. The department must include with its report a plan for the construction and the operation of those facilities which are projected to be necessary for the preadjudicatory detention of juveniles in this State. No later than September first of each subsequent year, the department shall report to the board on the status of all preadjudicatory juvenile detention facilities known to be operational or planned, regardless of ownership or management. The board then will coordinate with all responsible and affected agencies and entities to ensure that adequate funding is identified to prevent the detention or incarceration of juveniles in adult jails anywhere within the State of South Carolina. Upon completion of each facility and upon the determination by the Jail and Prison Inspection Division of the Department of Corrections that each facility is staffed in accordance with relevant standards and can be operated in accordance with these standards, the division shall determine and announce the rated capacity of each facility. A facility operated by the Department of Youth Services Juvenile Justice for the preadjudicatory detention of juveniles must be maintained and continued in operation for that purpose until approved for conversion or closure by the Budget and Control Board. However, a county which decides to maintain its own approved facilities or which has entered into a regional intergovernmental agreement, which has provided secure facilities for preadjudicatory juveniles, and which meets the standards set forth above, may continue to operate these facilities. County and regionally operated facilities are subject to inspection by the Jail and Prison Inspection Division of the Department of Corrections for compliance with the standards set forth above and those created pursuant to Section 24-9-20. The division has the same enforcement authority over county and regionally operated secure juvenile detention facilities as that which is provided in Section 24-9-30. A juvenile ordered detained in a facility must be screened within twenty-four hours by a social worker or, if considered appropriate, by a psychologist, in order to determine whether the juvenile is emotionally disturbed, mentally ill, or otherwise in need of services. The services must be provided immediately. In Department of Youth Services Juvenile Justice operated facilities, the department shall determine an amount of per diem for each child detained in a center, which must be paid by the committing county. The per diem paid by the county must be based on the average operating cost among all preadjudicatory state facilities. The Department of Youth Services Juvenile Justice must assume one-third of the per diem cost and the committing county must assume two-thirds of the cost. Per diem funds received by the department must be placed in a separate account by the department for operation of all preadjudicatory state facilities. Transportation of the juvenile to and from a facility is the responsibility of the local law enforcement agency which takes the juvenile into custody. Transportation of juveniles between department facilities, if necessary, is the responsibility of the department."
SECTION 93. Section 20-7-5420(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(A) The State Council on Maternal, Infant, and Child Health shall consist of the following members:
(1) the Director of the South Carolina Department of Health and Environmental Control; the State Superintendent of Education or his designee; the State Director of Social Services; the Director of the South Carolina Department of Alcohol and Other Drug Abuse Services; the State Director of Mental Health; the State Director of the Department of Disabilities and Special Needs; the Director of the Department of Health and Human Services; and the Commissioner of the South Carolina Commission for the Blind; and the Chairman of the Statewide Health Coordinating Council; and
(2) a member of the Health Care Planning and Oversight Committee, to be appointed by the chairman; and a member of the Joint Legislative Committee on Children and Families, to be appointed by the chairman.
The Governor shall appoint one representative of each of the following organizations as a member of the council: South Carolina Medical Association; South Carolina Chapter of the American Academy of Pediatrics; South Carolina Chapter of the American College of Obstetrics and Gynecology; South Carolina Chapter of the Academy of Family Practice; South Carolina Hospital Association; Medical University of South Carolina; University of South Carolina School of Medicine; Clemson University Extension Service; South Carolina Congress of Parents and Teachers; Developmental Disabilities Council; South Carolina March of Dimes; South Carolina Nurses Association; and South Carolina Perinatal Association.
The Governor shall appoint one member from each of the six congressional districts of the State who represents business, civic, community, and religious groups.
The Governor may appoint other ex officio members to the council as are needed to provide information to assist in the work of the council."
SECTION 94. Section 20-7-5910(A) of the 1976 Code, as added by Section 88, Part II, Act 164 of 1993, is amended to read:
"(A) There is created a multi-disciplinary State Child Fatality Advisory Committee composed of:
(1) the Commissioner Director of the South Carolina Department of Social Services;
(2) the Commissioner Director of the South Carolina Department of Health and Environmental Control;
(3) the State Superintendent of Education;
(4) the Executive Director of the South Carolina Criminal Justice Academy Department of Public Safety;
(5) the Chief of the State Law Enforcement Division;
(6) the Commissioner Director of the South Carolina Commission on Department of Alcohol and Other Drug Abuse Services;
(7) the Commissioner Director of the State Department of Mental Health;
(8) the Commissioner Director of the State Department of Mental Retardation Disabilities and Special Needs;
(9) the Commissioner Director of the Department of Youth Services Juvenile Justice;
(10) an attorney with experience in prosecuting crimes against children;
(11) a county coroner or medical examiner;
(12) a pediatrician with experience in diagnosing and treating child abuse and neglect, appointed from recommendations submitted by the State Chapter of the American Academy of Pediatrics; and
(13) a solicitor."
SECTION 95. Section 23-4-20 of the 1976 Code is amended to read:
"Section 23-4-20. As used in this chapter:
(A) `Committee' means the Governor's Committee on Criminal Justice, Crime and Delinquency.
(B) `Advisory Council' means the Juvenile Justice Advisory Council.
(C) `J.P.C.' means the Judicial Planning Committee.
(D) `Office' means the Division of Public Safety Programs, Office of the Governor Department of Public Safety, unless the context indicates otherwise.
(E) `Criminal justice system and agencies' shall encompass all state, local, and private nonprofit agencies and organizations involved in law enforcement including line police agencies, adult and juvenile corrections, adult and juvenile courts, prosecution and defense, as well as private eleemosynary organizations of professional or citizen membership involved in the system including organizations directly related to crime and delinquency prevention."
SECTION 96. Section 23-4-110 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 23-4-110. There is created the Governor's Committee on Criminal Justice, Crime and Delinquency. The committee must be composed of persons named by the Governor from the State at large who are representative of agencies and organizations comprising the state's criminal justice system as defined by this chapter. In addition to the gubernatorially-appointed members, the following criminal justice agency heads officials are ex officio voting members:
(A) Commissioner Director, South Carolina Department of Corrections;
(B) Executive Director, South Carolina Department of Parole and Community Corrections Probation, Parole and Pardon Services;
(C) Chief, State South Carolina Law Enforcement Division;
(D) State Attorney General;
(E) Commander, State Highway Patrol Director, Department of Public Safety;
(F) Commissioner Director, South Carolina Department of Youth Services Juvenile Justice;
(G) Director, South Carolina Office of Court Administration;
(H) Chief Justice, South Carolina Supreme Court;
(I) Director, South Carolina Commission on Department of Alcohol and Other Drug Abuse Services;
(J) Executive Director, South Carolina Criminal Justice Academy;
(K)(J) Chairman, Governor's Juvenile Justice Advisory Council. The Governor shall appoint the at-large members who shall serve at his pleasure. The number of appointed at-large voting members on the committee shall may not exceed twenty-eight. The Governor shall appoint the chairman of the committee. The Director of the Division of Public Safety Programs Department of Public Safety shall designate a department employee to serve as the executive secretary of the committee. The executive secretary of the committee but may not vote. Support staff for the committee must be provided by the Division of Public Safety Programs Department of Public Safety."
SECTION 97. Section 23-4-520(B) of the 1976 Code is amended to read:
"(B) To analyze South Carolina's activities in the administration of criminal justice and the nature of the problems confronting it and to make recommendations and to develop comprehensive plans of action for the improvement of criminal justice for crime and delinquency control and related matters for consideration and implementation by the appropriate agencies of state and local government. In developing such these plans, the office shall draw upon the planning capabilities of other agencies such as the Judicial Department, the Department of Corrections, the Department of Youth Services Juvenile Justice, the Office of the Attorney General, and the State Law Enforcement Division;"
SECTION 98. Section 23-6-10 of the 1976 Code,as last amended by Act 181 of 1993, is further amended to read:
"Section 23-6-10. For the purposes of this title, the following words, phrases, and terms are defined as follows:
(1) `Department' means the Department of Public Safety.
(2) `Director' means the chief administrative officer of the Department of Public Safety.
(3) 'Deputy director' means the administrative head of a division of the department."
SECTION 99. Section 23-6-40(B) and (C) of the 1976 Code, as last amended by Act 181 of 1993, are further amended to read:
"(B) The director must administer the affairs of the department and must represent the department in its dealings with other state agencies, local governments, special purpose districts, and the federal government. The director must appoint a deputy director for each division and employ such other personnel for each division or office and prescribe their duties, powers, and functions as he considers necessary and as may be authorized by statute and for which funds have been authorized in the annual general appropriation act.
(C) The deputy director for each division shall serve at the pleasure of the director. Each deputy director may receive compensation as established under the provisions of Section 8-11-160 and for which funds have been authorized in the annual general appropriation act."
SECTION 100. Article 9, Chapter 6, Title 23 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
Section 23-6-400. (A) There is created a Division of Training and Continuing Education to operate a training program for law enforcement officers and other persons employed in the criminal justice system in this State and to establish and maintain minimum standards in law enforcement selection and training.
(B) It is the intent of this article to encourage all law enforcement officers, departments, and agencies within this State to adopt standards which are higher than the minimum standards implemented pursuant to this article, and these minimum standards in no way may be considered sufficient or adequate in those cases where higher standards have been adopted or proposed. Nothing herein may be construed to preclude an employing agency from establishing qualifications and standards for hiring or training law enforcement officers which exceed the minimum standards set by the council, hereinafter created department, nor, unless specifically stated, may anything herein be construed to affect any sheriff, constable, or other law enforcement officer elected under the provisions of the Constitution of this State.
(C) It is the intent of the General Assembly in creating a facility and a governing council The advisory council may recommend to the director methods to maximize training opportunities for law enforcement officers and criminal justice personnel, to coordinate training, and to set standards for the law enforcement and criminal justice service, all of which are imperative to upgrading law enforcement to professional status.
(D) Whenever used in this article, and for the purposes of this article, unless the context clearly denotes otherwise:
(1) `Law enforcement officer' means an appointed officer or employee hired by and regularly on the payroll of the State or any of its political subdivisions, who is granted statutory authority to enforce all or some of the criminal, traffic, and penal laws of the State and who possesses, with respect to those laws, the power to effect arrests for offenses committed or alleged to have been committed.
(2) `Advisory Council' means the Law Enforcement Training Advisory Council created by this article.
Section 23-6-410. The division must establish and maintain a central training facility which must be located near the geographical and population center of the State, and which shall provide facilities and training for all officers from state, county, and local law enforcement agencies and for other designated persons in the criminal justice system; provided, that correctional officers and other personnel employed or appointed by the South Carolina Department of Corrections may be trained by the department. The Deputy Director of the Division of Training and Continuing Education is responsible for selection of instructors, course content, maintenance of physical facilities, recordkeeping, supervision of personnel, scheduling of classes, enforcement of minimum standards for certification, and other matters as may be recommended by the advisory council and approved by the Director of the Department of Public Safety."
SECTION 101. Section 23-6-420 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
Section 23-6-420. (A) There is created a South Carolina Law Enforcement Training Advisory Council consisting of fourteen thirteen members:
(1) the Attorney General of South Carolina;
(2) the Chief of the South Carolina Law Enforcement Division; (3) the Commanding Officer of the South Carolina Highway Patrol the Director of the Department of Public Safety;
(4) the Commanding Officer of the South Carolina State Police the Director of the Department of Natural Resources;
(5) the Commanding Officer of the State Natural Resources Police;
(6) the Director of the Department of Corrections;
(7) (6) the Dean of the University of South Carolina School of Law;
(7) the special agent in charge of the Federal Bureau of Investigation, Columbia Division;
(8) one chief of police from a municipality having a population of less than ten thousand;, this person to be appointed by the Governor for a term of four years;
(9) one chief of police from a municipality having a population of more than ten thousand;, this person to be appointed by the Governor for a term of four years;
(10) one county sheriff engaged in full-time performance of duties as a law enforcement officer and from a county having a population of less than fifty thousand;, this person to be appointed by the Governor for a term of four years;
(11) one county sheriff engaged in full-time performance of duties as a law enforcement officer and from a county having a population of more than fifty thousand, this person to be appointed by the Governor for a term of four years;
(12) one person employed in the administration of any municipality or holding a municipal elective office;, this person to be appointed by the Governor for a term of four years;
(12) (13) one person employed in the administration of county government or elected to a county governing body;, this person to be appointed by the Governor for a term of four years;.
(13) the special agent in charge of the Federal Bureau of Investigation, Columbia Division;
(14) the Director of the Department of Public Safety.
(B)(1) The members provided for in (1) through (6) (7) above are ex officio members with full voting rights.
(2) The members provided for in (7) (8) through (11) (13) above shall serve terms as herein provided. In the event that a vacancy arises it must be filled for the remainder of the term in the manner of the original appointment or designation.
(C) This council shall elect one of its members The Director of the Department of Public Safety shall serve as chairman of the advisory council. The advisory council may elect another one of its members to serve as vice-chairman and one as vice-chairman; these shall serve a term of one year in this capacity and may be re-elected. The advisory council shall meet at the call of the chairman or at the call of a majority of the members of the advisory council, but no fewer than four times each year. The advisory council shall establish its own procedures with respect to quorum, place, and conduct of meetings.
(D) Members of the advisory council shall serve without compensation.
(E) A An advisory council member who terminates his holding of the office or employment which qualified him for appointment shall cease immediately to be a member of the advisory council; the person appointed to fill the vacancy shall do so for the unexpired term of the member whom he succeeds.
Section 23-6-430. No law enforcement officer employed or appointed on or after July 1, 1989, by any public law enforcement agency in this State is authorized to enforce the laws or ordinances of this State or any political subdivision thereof unless he has been certified as qualified by the council Department of Public Safety, except that any public law enforcement agency in this State may appoint or employ as a law enforcement officer, a person who is not certified if, within one year after the date of employment or appointment, the person secures certification from the council department; provided, that if any public law enforcement agency employs or appoints as a law enforcement officer a person who is not certified, the person shall not perform any of the duties of a law enforcement officer involving the control or direction of members of the public or exercising the power of arrest until he has successfully completed a firearms qualification program approved by the council department; and provided, further, that within three working days of employment the council department must be notified by a public law enforcement agency that a person has been employed by that agency as a law enforcement officer, and within three working days of the notice the firearms qualification program as approved by the council director must be provided to the newly hired personnel. If the firearms qualification program approved by the council director is not available within three working days after receipt of the notice, then the public law enforcement agency making the request for the firearms qualification program may employ the person to perform any of the duties of a law enforcement officer, including those involving the control and direction of members of the public and exercising the powers of arrest. Should any such person fail to secure certification within one year from his date of employment, he may not perform any of the duties of a law enforcement officer involving control or direction of members of the public or exercising the power of arrest until he has been certified. He is not eligible for employment or appointment by any other agency in South Carolina as a law enforcement officer, nor is he eligible for any compensation by any law enforcement agency for services performed as an officer. Exceptions to the one-year rule may be granted by the council director in these cases:
(a) military leave or injury occurring during that first year which would preclude the receiving of training within the usual period of time; or
(b) in the event of the timely filing of application for training, which application, under circumstances of time and physical limitations, cannot be honored by the training academy within the prescribed period; or
(c) upon presentation of documentary evidence that the officer-candidate has successfully completed equivalent training in one of the other states which by law regulate and supervise the quality of police training and which require a minimum basic or recruit course of duration and content at least equivalent to that provided in this article or by standards set by the South Carolina Law Enforcement Training Council Department of Public Safety; or
(d) if it is determined by documentary evidence that the training will result in undue hardship to the requesting agency, the requesting agency must propose an alternate training schedule for approval.
Section 23-6-440. (A) At the request of any public law enforcement agency of this State the council department is hereby authorized to issue certificates and other appropriate indicia of compliance and qualification to law enforcement officers or other persons trained under the provisions of this article. Members of the advisory council may individually or collectively visit and inspect any training school, class, or academy dealing with present or prospective law enforcement officers, and are expected to promote the most efficient and economical program for police training, including the maximum utilization of existing facilities and programs for the purpose of avoiding duplication. The advisory council may, at the request of the director, make recommendations to the director, the General Assembly, or to the Governor regarding the carrying out of the purposes, objectives, and intentions of this article or other acts relating to training in law enforcement.
(B) All city and county police departments, sheriffs' offices, state agencies, or other employers of law enforcement officers having such officers as candidates for certification shall submit to the council director, for its his confidential information and subsequent safekeeping, the following:
(1) an application under oath on a format prescribed by council director;
(2) evidence satisfactory to the council director that the candidate has completed high school and received a high school diploma, equivalency certificate (military or other) recognized and accepted by the South Carolina Department of Education or South Carolina special certificate;
(3) evidence satisfactory to council the director of the candidate's physical fitness to fulfill the duties of a law enforcement officer including:
(a) a copy of his medical history compiled by a licensed physician or medical examiner approved by the employer;
(b) a certificate of a licensed physician that the candidate has recently undergone a complete medical examination and the results thereof;
(4) evidence satisfactory to the council director that applicant has not been convicted of any criminal offense that carries a sentence of one year or more or of any criminal offense that involves moral turpitude. Forfeiture of bond, a guilty plea, or a plea of nolo contendere is considered the equivalent of a conviction;
(5) evidence satisfactory to council the director that the candidate is a person of good character. This evidence must include, but is not limited to:
(a) certification by the candidate's employer that a background investigation has been conducted and the employer is of the opinion that the candidate is of good character;
(b) evidence satisfactory to council the director that the candidate holds a valid current South Carolina driver's license with no record during the previous five years for suspension of driver's license as a result of driving under the influence of alcoholic beverages or dangerous drugs, driving while impaired (or the equivalent), reckless homicide, involuntary manslaughter, or leaving the scene of an accident. Candidates for certification as Class II-SCO (Department of Corrections) in any county with a prison system that borders another State state may hold a valid current driver's license issued by any jurisdiction of the United States;
(c) evidence satisfactory to council the director that a local credit check has been made with favorable results;
(d) evidence satisfactory to council the director that candidate's fingerprint record as received from the Federal Bureau of Investigation and South Carolina Law Enforcement Division indicates no record of felony convictions.
In the council's director's determination of good character, council the director shall give consideration to all law violations, including traffic and conservation law convictions as indicating a lack of good character. The council director shall also give consideration to the candidate's prior history, if any, of alcohol and drug abuse in arriving at its a determination of good character;
(6) a copy of candidate's photograph;
(7) a copy of candidate's fingerprints;
(8) evidence satisfactory to council the director that the candidate's present age is not less than twenty-one years. This evidence must include a birth certificate or another acceptable document;
(9) evidence satisfactory to council the director of successful completion of a course of law enforcement training as established and approved by the council director, and conducted at an academy or institution approved by the council director, this evidence to consist of a certificate granted by the approved institution.
(C) A certificate as a law enforcement officer issued by council the department will either expire three years from the date of issuance or upon discontinuance of employment by the officer with the employing entity or agency. The certification of any law enforcement officer issued by the council department that is current on July 1, 1989, will expire in the year 1992 on the last day of the month during which it was issued, or upon discontinuance of employment with the employing entity or agency. Prior to the expiration of the certificate, the certificate may be renewed upon application presented to the council director on a form prescribed by council the director. The application for renewal must be received by council the director at least forty-five days prior to the expiration of the certificate. If the officer's certificate has lapsed, council the department may reissue the certificate after receipt of an application and if council the director is satisfied that the officer continues to meet the requirements of subsections (B)(1) through (B)(9).
(D) Council The director may accept for training as a law enforcement officer an applicant who has met requirements of subsections (B)(1) through (B)(8).
Section 23-6-450. Subject to the approval of the director, the council The Director of the Department of Public Safety is authorized to:
(a) receive and disburse funds; including those hereinafter provided in this article;
(b) accept any donations, contributions, funds, grants, or gifts from private individuals, foundations, agencies, corporations, or the state or federal governments, for the purpose of carrying out the programs and objectives of this article chapter;
(c) consult and cooperate with counties, municipalities, agencies, or official bodies of this State or of other states, other governmental agencies, and with universities, colleges, junior colleges, and other institutions, concerning the development of police training schools, programs, or courses of instruction, selection, and training standards, or other pertinent matters relating to law enforcement;
(d) publish or cause to be published manuals, information bulletins, newsletters, and other materials to achieve the objectives of this article chapter;
(e) make recommendations on such regulations as may be necessary for the administration of this chapter, and advise the director to issue including the issuance of orders directing that public law enforcement agencies to comply with this chapter and all regulations so promulgated;
(f) certify and train qualified candidates and applicants for law enforcement officers and provide for suspension, revocation, or restriction of the certification, in accordance with regulations promulgated by department;
(g) require all public entities or agencies that employ or appoint law enforcement officers to provide records in the format prescribed by regulation of employment information of law enforcement officers;
(h) provide by regulation for mandatory continued training of certified law enforcement officers, this training to be completed within each of the various counties which request requesting this training on a regional basis.
Section 23-6-460. An oral or written report, document, statement, or other communication that is written, made, or delivered concerning the requirements or administration of this chapter or regulations promulgated under it must not be the subject of or basis for an action at law or in equity for slander or libel in any court of the State if the communication is between:
(1) a law enforcement agency, its agents, employees, or representatives; and
(2) the department or the advisory council, its agents, employees, or representatives.
Section 23-6-470. Every fine levied on a criminal or traffic violation in this State must have sums added to it which must be set apart and used for the division's program of training in the fields of by the Department of Public Safety for law enforcement and criminal justice related programs, and every bond for violations must have added the same amounts which must be set apart on forfeiture for the division's program of training, as follows:
(a) Fines or forfeitures up to
and including $99.00 $6.00
(b) Fines or forfeitures
above $99.00 up to and
including $200.00$25.00
(c) Fines or forfeitures
above $200.00 up to and
including $500.00$50.00
(d) Fines or forfeitures
above $500.00 up to and
including $1,000.00 $100.00
(e) Fines or forfeitures
above $1,000.00$200.00
If a portion of the fine is suspended, the sum added to it as set forth in items (a) through (e) must be based upon the portion of the fine not suspended. In addition to the apportioned amounts set forth in items (a) through (e), twenty-five cents must be added to each fine or forfeiture and be paid over to the South Carolina Law Enforcement Training Council and all funds so collected shall be remitted by the department to the South Carolina Law Enforcement Hall of Fame Committee department to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. At any time when If funds collected pursuant to this paragraph exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the committee, the department may retain the surplus for use in its law enforcement training programs professional training, fees, dues, and other related services or programs as the director may consider necessary. The additional portion of fines added by this section for training programs and the South Carolina Law Enforcement Hall of Fame Committee must be assessed and collected by the respective courts or law enforcement officers, who are authorized by law to accept bond, and clearly identified as such on the judgment or bond.
Every magistrate, recorder, judge, mayor, clerk of court, or other person who receives monies from fines or bond forfeitures in criminal or traffic cases shall transmit same to the city treasurer of the incorporated city where he performs his official duties, or to the county treasurer of his county in which he performs his official duties, making the transmittal no less frequently than once each month, and doing so on or before the tenth day of the month following the month being reported. The city treasurer or county treasurer shall make a computation on the basis of the scales of fines and forfeitures set out in this article, and this computed sum must be forwarded to the State Treasurer on or before the twentieth day of that month. Any incorporated municipality in this State may enter into a mutual agreement with the county in which it is located, to provide for joint collections, computations, and transmittals under the terms and conditions as the respective bodies may agree; in these cases, receipts and transmittals required by this article must reflect, in the report of transmittal to the State Treasurer, the collection and forwarding of all these monies from the named sources. The State Treasurer shall record, before the last day of that same month, the total monthly submissions of monies from the respective county treasurers and city treasurers, and shall deposit such monies in the account and to the credit of the Law Enforcement Building and Maintenance Fund, advising the department and the Law Enforcement Training Council of the receipts and deposits Department of Public Safety for fiscal and administrative purposes, including professional training, counseling, fees, dues, and other related services or programs as the director may consider necessary. The amount the above scale provides to be set apart and used by the department for the program of training in the fields of law enforcement and criminal justice and for the South Carolina Law Enforcement Hall of Fame law enforcement and criminal justice training and programs must be added to and be levied above the fine or forfeiture imposed.
Section 23-6-480. (A) Whenever the council advises the director and finds that any public law enforcement agency is in violation of any provisions of this chapter, the director may issue an order requiring the public law enforcement agency to comply with the provision. The director may bring a civil action for injunctive relief in the appropriate court or may bring a civil enforcement action. Violation of any court order issued pursuant to this section must be considered contempt of the issuing court and punishable as provided by law. The director may also invoke the civil penalties as provided in subsection (B) for violation of the provisions of this chapter, including any order or regulation hereunder. Any public law enforcement agency against which a civil penalty is invoked by the director may appeal the decision to the Court of Common Pleas court of common pleas of the county where the public law enforcement agency is located.
(B) Any public law enforcement agency which fails to comply with this chapter and regulations promulgated pursuant to this chapter or fails to comply with any order issued by the director is liable for a civil penalty not to exceed one thousand five hundred dollars a violation. When the civil penalty authorized by this subsection is imposed upon a sheriff, the sheriff is responsible for payment of this civil penalty.
Section 23-6-490. When a municipality employs only one law enforcement officer and that officer is attending law enforcement training at the South Carolina Criminal Justice Academy as required by the provisions of Section 23-23-40 law, the sheriff of the county wherein the municipality is located, or the head of the entity in charge of countywide law enforcement if the county sheriff is not, shall provide systematic patrolling of the municipal area while its law enforcement officer is attending the training.
Section 23-6-495. Whenever, in this article chapter, the term `department' is used, it means the Department of Public Safety and whenever the term `division' is used, it means the Division of Training and Continuing Education of the Department of Public Safety."
SECTION 102. Section 23-9-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 23-9-10. The Office of the State Fire Marshal shall hereafter must be administered as a division of the Department of Labor, Licensing & Regulation. A director of the Department of Labor, Licensing, and Regulation must be appointed by the governor pursuant to the provisions of Section 40-83-15 40-73-15. The division shall consist consists of such agents and employees, pursuant to Section 40-73-15, as the director of the department may deem necessarily considers proper for the enforcement of state and local fire safety codes and standards. The director of the department shall employ a State Fire Marshal, pursuant to Section 40-73-15, to supervise enforcement of the laws and personnel necessary to carry out the duties of this chapter. The State Fire Marshal shall must have a Master's Degree from an accredited institution of higher learning and at least four years experience in fire prevention and control or a Bachelor's Degree and eight years experience in fire prevention and control."
SECTION 103. Section 23-11-110(C) of the 1976 Code, as last amended by Act 19 of 1993, is further amended to read:
"(C) After December 31, 1988, every newly-elected sheriff in his first term is required to complete a training session to be determined by the South Carolina Criminal Justice Law Enforcement Training Council, to be conducted by the South Carolina Criminal Justice Academy or an academy certified by the South Carolina Law Enforcement Training Council or as may be selected by the South Carolina Sheriffs' Association. This training must be completed during the first calendar year of the first term of the newly-elected sheriff's term of office. A newly-elected sheriff who is unable to attend this training course when offered because of emergency or extenuating circumstances, within one year from the date the disability or cause terminates, shall complete the standard basic course of instruction required of newly-elected sheriffs. A newly-elected sheriff who does not fulfill the obligations of this subsection is subject to suspension by the Governor until the sheriff completes the course of instruction."
SECTION 104. Chapter 25 of Title 23, as last amended by Act 181 of 1993, is further amended to read:
Section 23-25-10. There is hereby established the South Carolina Law-Enforcement Law Enforcement Officers Hall of Fame as a memorial to law-enforcement law enforcement officers killed in the line of duty and in recognition of the selfless dedication of all law-enforcement law enforcement officers in the day-to-day performance of their duties. The Hall of Fame shall be located on the grounds of the South Carolina Law-Enforcement Academy at Columbia.
Section 23-25-20. (A) The South Carolina Hall of Fame shall hereafter be administered as a division of the Department of Public Safety.
(B) To plan, enact, and administer the Hall of Fame, there is hereby There is created the a Law Enforcement Officers Hall of Fame Advisory Committee. The committee shall consist of the following ex officio members:
(1) the Director of the Department of Public Safety, who shall serve as chairman;
(1)(2) the Chief of the South Carolina Law Enforcement Division, who shall serve as chairman;
(2) the commanding officer of the Highway Patrol and the commanding officer of the State Police;
(3) the Director of the Department of Corrections;
(4) the Secretary of the South Carolina Sheriffs' Association; (5) the Executive Director of the South Carolina Law Enforcement Officers Association;
(6) the President of the South Carolina Police Chiefs' Association, or his designee; and
(7) a representative of the Natural Resources Enforcement Division of Natural Resources Police, to be appointed by the Director of the Department of Natural Resources; and.
(8) the Director of the Department of Public Safety.
(C) All members Members of the advisory committee may designate persons to represent them at meetings they are unable to attend.
Section 23-25-30. It shall be the responsibility of the advisory Committee committee created by Section 23-25-20 to plan, erect and maintain to assist the department in planning, erecting, and maintaining the Hall of Fame in the manner it shall determine appropriate but generally in accordance with the following guidelines:
(a) All officers from all agencies in the law-enforcement system shall be eligible for entry into the Hall of Fame.
(b) The names of all officers killed in the line of duty whose deaths under those circumstances can be established by creditable records shall be entered into the Hall.
(c) Any officer who performs an act or series of acts over and above the regular call of duty may become eligible for the Hall when so elected by the advisory Committee committee whether or not such act or acts resulted in death or injury to the officer concerned.
(d) Any officer whose continued record of excellence over a period of years is manifestly outstanding may be elected to the Hall by the advisory Committee committee.
(e) Suitable plaques inscribed with the names of those selected for the Hall shall be erected. Fame shall include museum-type displays of objects and equipment of unusual interest used by law-enforcement officers or otherwise related to law enforcement.
(f) Within the limits of funds provided, the Hall of Fame shall include museum-type displays of objects and equipment of unusual interest used by law enforcement officers or otherwise related to law enforcement.
(g) Provide tours and related safety and educational programs to the public.
Section 23-25-40. The advisory committee shall establish procedures and regulations for the nomination of members of the Hall of Fame. All selections of persons for Hall of Fame membership shall be made by a majority vote of the total membership of the advisory committee.
Meetings of the advisory committee shall be held at least quarterly, and more frequently at the call of the chairman. The advisory committee shall establish its own rules of procedure. Members shall not receive compensation for their services with the advisory committee but shall be allowed the usual mileage, per diem and subsistence provided by law for boards, committees and commissions. The committee department is authorized to employ clerical assistance as the director deems considers necessary to perform its functions as prescribed in this chapter from funds made available as provided in Section 23-23-70 23-6-470."
SECTION 105. Section 356, Act 181 of 1993 of the 1976 Code is deleted.
SECTION 106. Section 24-13-730 of the 1976 Code is amended to read:
"Section 24-13-730. Any new program established under Sections 14-1-210, 14-1-220, 14-1-230, 16-1-60, 16-1-70, 16-3-20, 16-3-26, 16-3-28, 16-23-490, 17-25-45, 17-25-70, 17-25-90, 17-25-140, 17-25-145, 17-25-150, 17-25-160, 20-7-1350, 24-3-40, 24-3-1120, 24-3-1130, 24-3-1140, 24-3-1160, 14-3-1170, 24-3-1190, 24-3-2020, 24-3-2030, 24-3-2060, 24-13-640, 24-13-650, 24-13-710, 24-13-910, 24-13-915, 24-13-920, 24-13-930, 24-13-940, 24-13-950, 24-21-13, 24-21-430, 24-21-475, 24-21-480, 24-21-485, 24-21-610, 24-21-640, 24-21-645, 24-21-650, 24-22-30, 24-22-40, 24-22-50, 24-22-70, 24-22-90, 24-22-100, 24-22-110, 24-22-120, 24-22-130, 24-22-140, 24-22-150, 24-22-160, 24-22-170, 24-23-115, and 42-1-505 or any change in any existing program may only be implemented only to the extent that appropriations for such the programs have been authorized by the General Assembly."
SECTION 107. Section 24-21-300 of the 1976 Code is amended to read:
"Section 24-21-300. At any time during a period of supervision, a probation and parole agent, instead of issuing a warrant, may issue a written citation and affidavit setting forth that the probationer, parolee, or any a person released or furloughed under the Prison Overcrowding Powers Act or the Offender Management System Act in the agent's judgment violates the conditions of his release or suspended sentence. The citation must be directed to the probationer, parolee, or the person released or furloughed, must require him to appear at a specified time, date, and court or other place, and must state the charges. The citation must set forth the probationer's, parolee's, or released or furloughed person's rights and contain a statement that a hearing will be held in his absence if he fails to appear and that he may be imprisoned as a result of his absence. The citation may be served by a law enforcement officer upon the request of a probation and parole agent. The issuance of a citation or warrant during the period of supervision gives jurisdiction to the court and the board department at any hearing on the violation."
SECTION 108. Section 24-22-30 of the 1976 Code, as added by Act 461 of 1992, is amended to read:
"Section 24-22-30. To be eligible to participate in the offender management system, an offender shall:
(a) must be classified as a qualified prisoner as defined herein;
(b) shall maintain a clear disciplinary record during the offender's incarceration or for at least six months prior to before consideration for placement in the system;
(c) shall demonstrate during incarceration a general desire to become a law abiding member of society;
(d) shall satisfy any reasonable requirements imposed on the offender by the Department of Corrections;
(e) must be willing to participate in the criminal offender management system and all of its programs and rehabilitative services and agree to conditions imposed by the departments;
(f) shall possess an acceptable risk score. The risk score shall must be affected by, but not be limited to, the following factors:
(1) nature and seriousness of the current offense;
(2) nature and seriousness of prior offenses;
(3) institutional record;
(4) performance under prior criminal justice supervision; and
(g) shall satisfy any other criteria established by the South Carolina Department of Corrections and the State Board Department of Probation, Parole and Pardon Services."
SECTION 109. Section 24-22-150 of the 1976 Code, as added by Act 461 of 1992, is amended to read:
"Section 24-22-150. The offender management system must not be initiated and offenders shall must not be enrolled in the offender management system unless appropriately funded out of the general funds of the State.
During periods when the offender management system is in operation and either the South Carolina Department of Corrections or the South Carolina Department of Probation, Parole and Pardon Services determines that its funding for the system has been exhausted, the commissioner director for the department having made the determination that funds are exhausted shall notify the commissioner director of the other department, the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate. The offender management system shall then shall terminate until appropriate funding has been provided from the general funds of the State."
SECTION 110. Section 24-23-30 of the 1976 Code is amended to read:
"Section 24-23-30. The community corrections plan shall must include, but is not be limited to, describing the following community-based program needs:
(a) an intensive supervision program for probationers and parolees who require more than average supervision;
(b) a supervised inmate furlough program whereby inmates under the jurisdiction of the Department of Corrections can be administratively transferred to the supervision of state probation and parole agents for the purposes of pre-release preparation, securing employment and living arrangements, or obtaining rehabilitation services;
(c) a contract rehabilitation services program whereby private and public agencies, such as the Department of Vocational Rehabilitation and Mental Health and the various county commissions on alcohol and drug abuse, provide diagnostic and rehabilitative services to offenders who are under the Board's Department of Probation, Parole and Pardon Services' jurisdiction;
(d) community-based residential programs whereby public and private agencies as well as the Board Department of Probation, Parole and Pardon Services establish and operate halfway houses for those offenders who cannot perform satisfactorily on probation or parole;
(e) expanded use of presentence investigations and their role and potential for increasing the use of community-based programs, restitution and victim assistance; and
(f) identification of programs for youthful and first offenders."
SECTION 111. Sections 24-26-10(B)(3) and (4) of the 1976 Code are amended to read:
"(3) the Chairman of the State Board of Corrections, or his designee who must be a member of that board or who must be the Commissioner Director of the Department of Corrections, or his designee;
(4) the Chairman of the Board Director of the Department of Probation, Parole and Pardon Services, or his designee who must be a member of that board or who must be the Commissioner or Executive Director of the Department of Probation, Parole and Pardon Services."
SECTION 112. Section 25-19-20 of the 1976 Code is amended to read:
"Section 25-19-20. The commission is attached to the Department Division of Veterans' Affairs in the Office of the Governor for logistical and staff support only and may be located in Columbia in space provided by the State Budget and Control Board."
SECTION 113. Chapter 2 of Title 27 of the 1976 Code is amended by adding:
"Section 27-2-85. The South Carolina Geodetic Survey established within the Division of Research and Statistical Services of the Budget and Control Board shall establish horizontal and vertical geodetic control within the State at a density that will effectively provide land and land-related items and records to be referenced to the national horizontal and vertical coordinate system, ensure the accuracy and integrity of new geodetic data entered into the state and national reference system, maintain geodetic files for the State, and disseminate geodetic information as necessary."
SECTION 114. Chapter 2 of Title 27 of the 1976 Code is amended by adding:
"Section 27-2-95. To the extent possible, the South Carolina Geodetic Survey of the Division of Research and Statistical Services of the Budget and Control Board shall utilize the office's responsibility of coordinating mapping activities in the State to ensure that mapping products are compatible with the South Carolina Coordinate System. As part of this activity, the office shall establish, develop, and promulgate standards for maps and map products to ensure quality, accuracy, and compatibility of mapping products, encourage the development of accurate mapping systems that are compatible with and suitable for incorporation into a standardized statewide mapping system, develop, maintain, and administer programs for funding qualified mapping projects, and serve as the focal point for federal, state, and local mapping programs and activities in South Carolina."
SECTION 115. Chapter 2 of Title 27 of the 1976 Code is amended by adding:
"Section 27-2-105. Where county boundaries are ill-defined, unmarked, or poorly marked, the South Carolina Geodetic Survey on a cooperative basis shall assist counties in defining and monumenting the locations of county boundaries and positioning the monuments using geodetic surveys. The South Carolina Geodetic Survey shall act as a mediator between counties to resolve county boundary disputes."
SECTION 116. Section 31-13-30 of the 1976 Code, as designated by Act 410 of 1992, is amended to read:
"Section 31-13-30. The Governor shall appoint, with the advice and consent of the Senate, seven persons to be commissioners of the South Carolina State Housing Finance and Development Authority. The seven persons so appointed shall must have experience in the fields of mortgage finance, banking, real estate, and home building. The Governor shall appoint a chairman from among the seven commissioners.
The commissioners must be appointed for terms of four years, except that all vacancies must be filled for the unexpired term. A commissioner shall hold office until his successor has been appointed and qualifies qualified. A certificate of the appointment or reappointment of any commissioner must be filed in the office of the Secretary of State and in the office of the authority, and the certificate is conclusive evidence of the due and proper appointment of the commissioner. The Governor or his designee and the State Commissioner Director of the Department of Health and Environmental Control or his designee from his administrative staff shall serve ex officio as commissioners of the authority with the same powers as the other commissioners."
SECTION 117. Section 31-17-330 of the 1976 Code is amended to read:
"Section 31-17-330. No such license shall be is required with respect to mobile homes held by dealers for resale, nor shall does this article be applicable apply to mobile homes licensed by the South Carolina Highways and Public Transportation Department of Revenue. Licenses required by this article shall be are in lieu of any a building or construction permit now required by local act or ordinance."
SECTION 118. Section 33-14-210(c) of the 1976 Code is amended to read:
"(c) If the Secretary of State is notified by the Tax Commission Department of Revenue that the corporation has failed to file a required tax return within sixty days of the notice required by Section 12-7-1675, the Secretary of State shall dissolve the corporation administratively by signing a certificate of dissolution that recites the grounds for dissolution and its effective date. The Secretary of State shall file the original of the certificate and send a copy to the corporation by registered or certified mail addressed to its registered agent at its registered office or to the office of the secretary of the corporation at its principal office."
SECTION 119. Section 33-39-250(10) of the 1976 Code is amended to read:
"(10) To cooperate with and avail itself of the facilities of the Division of State Development of the Department of Commerce Board and any similar governmental agencies, and to cooperate with and assist and otherwise encourage organizations in the various communities of the county in the promotion, assistance, and development of the business prosperity and economic welfare of such the communities or of the county; and"
SECTION 120. The opening line of Section 38-3-110 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"The director commissioner or his designee have has the following duties:"
SECTION 121. Section 38-3-110(2) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(2) see that all laws of this State governing insurers or relating to the business of insurance are faithfully executed and make regulations to carry out this title and all other insurance laws of this State, the enforcement or administration of which is not otherwise specifically provided for. Any reference in this title to regulations promulgated by the department shall mean regulations promulgated by the commissioner;"
SECTION 122. Section 38-27-520 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(d) When the director commissioner or his designee takes action in any or all of the ways set out in subsection (b), the party aggrieved may appeal from the action to the Administrative Law Judge Division circuit court as provided by law."
SECTION 123. Section 38-43-106(C) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(C) The director commissioner or his designee shall administer these continuing education requirements and shall approve courses of instruction which qualify for these purposes. In administering this program, the department, in its discretion, may promulgate regulations whereby agents provide to a continuing education administrator established within the Department of Insurance proof of compliance with continuing education requirements as a condition of license renewal or, in the alternative, contract with an outside service provider to provide record-keeping services as the continuing education administrator. The costs of the continuing education administrator must be paid from the continuing insurance education fees paid by agents in the manner provided by this section, except that course approval responsibilities may not be designated to the continuing education administrator. The continuing education administrator shall compile and maintain, in conjunction with insurers and agents, records reflecting the continuing insurance education status of all licensed or qualified agents subject to the requirements of this section. The continuing education administrator shall furnish to the insurer, within ninety days of the agent's renewal date, as specified by regulation, a report of the continuing insurance education status of all of its agents. All licensed agents shall provide evidence of their continuing insurance education status to the continuing education administrator at least one hundred twenty days before the annual renewal date. Any continuing insurance education approved courses taken subsequent to one hundred twenty days before the renewal date must be applied to the following biennial continuing insurance education required period.
The department shall promulgate regulations prescribing the overall parameters of continuing education requirements, and these regulations shall expressly authorize the director commissioner or his designee to recognize product-specific training offered by insurers, subject to those parameters and guidelines as are promulgated by the regulations. The director of the department may commissioner shall appoint an advisory committee to make recommendations with respect to courses offered for approval, but the director or his designee commissioner shall retain authority with respect to course approvals, subject to those regulations as are promulgated by the department. When the advisory committee is approved, it shall meet regularly as needed, but no less than semiannually, to review new course applications. Also, the advisory committee shall review modifications of courses previously approved and review previously promulgated regulations to make recommendations regarding any need for modifications, deletions, or new regulations. The advisory committee must be comprised of two representatives from each of the following associations, groups, or categories:
(1) the Carolina's Association of Professional Insurance Agents;
(2) the Independent Insurance Agents of South Carolina;
(3) the South Carolina Association of Automobile Insurance Agents;
(4) the South Carolina Association of Life Underwriters;
(5) the Association of South Carolina Life Insurance Companies;
(6) the Direct Writers Insurance Companies;
(7) the Association of South Carolina Property and Casualty Insurance Companies; and
(8) insurers that are not members of national insurance trade associations.
The advisory committee must also be comprised of one representative from the South Carolina Association of Health Underwriters.
Advisory committee members must be appointed by the commissioner from recommendations made by the respective associations, groups, or categories to the commissioner."
SECTION 124. Section 38-73-1380 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 38-73-1380. After June 30, 1989, no member or subscriber of a rating organization may utilize a rate or premium charge for any private passenger automobile insurance coverage unless and until the final rate or premium charge has been filed with the Division department and approved by the director commissioner or his designee. After the effective date of this section, the final rate or premium charge is the pure loss component filed and approved by a rating organization on behalf of its members or subscribers added to the expense component of the rate or premium charge, filed with the department and approved by the director commissioner or his designee, by each member or subscriber of a rating organization independently. No expense component filed by a member or subscriber of a rating organization may be approved by the director commissioner or his designee unless it has been the subject of a public hearing, if that member's or subscriber's total written private passenger automobile insurance premium during the previous calendar year equaled or exceeded one percent of the total written private passenger automobile insurance premium in this State during the previous calendar year. For other lines of insurance the requirements of this section are not activated unless the members' or subscribers' total written premium during the previous calendar year equaled or exceeded three percent of the total written insurance premium for that specific line of insurance in this State during the previous calendar year."
SECTION 125. The last paragraph of Section 38-77-580 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"The director commissioner or his designee, through the department, may propose to the board any amendment to or modification of the plan that the director commissioner or his designee considers to be necessary to render the plan reasonable or consistent with the purposes of this chapter, specifying in writing the reasons for any proposed amendment or modification. In the event that If the board fails to adopt his proposed amendment or modification, the director commissioner or his designee may, after notice and public hearing addressed to the reasons for the proposed amendment or modification, may promulgate the amendment or modification considered necessary to render the plan reasonable or consistent with the purposes of this chapter."
SECTION 126. Section 38-79-270 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 38-79-270. Any applicant for insurance through the association, person insured pursuant to this article or his representative, or any insurer adversely affected or claiming to be adversely affected by any ruling, action, or decision by or on behalf of the association may appeal to the department commissioner within thirty days after notice of the ruling, action, or decision."
SECTION 127. Section 38-81-270 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 38-81-270. The director commissioner or his designee shall obtain complete statistical data in respect to legal professional liability losses and reparation costs as well as all other costs or expenses which underlie or are related to legal professional liability insurance. The department commissioner shall promulgate any statistical plan he considers necessary for the purpose of gathering data referable to loss and loss adjustment expense experience and other expense experience. When the statistical plan is promulgated, all members of the association shall adopt and use it. The director commissioner or his designee also shall obtain statistical data in respect to the costs of compensating victims of legal professional liability. The director commissioner or his designee may require from any a person obtaining insurance through the association loss, claim, or expense data. This information or data is confidential, and the attorney-client privilege must be preserved."
SECTION 128. Chapter 23, Title 39 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
Section 39-23-10. This chapter may be cited as the South Carolina Drug Act.
Section 39-23-20. For the purposes of this chapter:
(a)(1) The `Commissioner Director of the Department of Health and Environmental Control' means the Commissioner Director of the Department of Health and Environmental Control or his designated agent.
(b)(1)(2)(a) The term `Drug' means:
(A) (i) articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any a supplement to any of them; and
(B) (ii) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and
(C) (iii) articles, (other than food), intended to affect the structure or any function of the body of man or other animals; and
(D) (iv) articles intended for use as a component of any articles an article specified in clause (A) subsubitem (i), (B) ii, or (C); but (iii).
(b) `Drug' does not include devices or their components, parts, or accessories.
(2)(c) The term `Counterfeit drug' means a drug which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or device, or any likeness thereof of it, of a drug manufacturer, processor, packer, or distributor other than the person or persons who in fact manufactured, processed, packed, or distributed such the drug and which thereby falsely purports or is represented to be the product of, or to have been packed or distributed by, such the other drug manufacturer, processor, packer, or distributor.
(c)(3) The term `Device' means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended:
(1)(a) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; or
(2)(b) to affect the structure or any function of the body of man or other animals.
(d)(4) The term `Official compendium' means the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, Official National Formulary, or any a supplement to any of them.
(e)(5) The term `Label' means a display of written, printed, or graphic matter upon the immediate container of any an article; and. A requirement made by or under authority of this chapter that any a word, a statement, or other information appear on the label shall is not be considered to be complied with unless such the word, statement, or other information also appears on the outside container or wrapper, if any there be one, of the retail package of such the article, or is easily legible through the outside container or wrapper. (f)(6) The term `Labeling' means all labels and other written, printed, or graphic matter (1) upon any an article or any of its containers or wrappers, or (2) accompanying such the article. If an article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall must be taken into account, (among other things), not only representations made or suggested by statement, word, design, device, sound, or in any a combination thereof of them, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such these representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof of them or under such customary or usual conditions of use as are customary or usual.
(g)(7) The term `New drug' means:
(1)(a) Any a drug, (except a new animal drug or an animal feed bearing or containing a new animal drug), the composition of which is such that such the drug is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs, as safe and effective for use under the conditions prescribed, recommended, or suggested in the labeling thereof, except that such of the drug. However, a drug not so recognized shall is not be deemed to be a `new drug' if at any time prior to before July 17, 1972, it was subject to the Federal Food and Drug Act of June 30, 1906, as amended, and if at such the time its labeling contained the same representations concerning the conditions of its use; or
(2)(b) Any a drug, except a new animal drug or an animal feed bearing or containing a new animal drug, the composition of which is such that such the drug, as a result of investigations to determine its safety and effectiveness for use under such the conditions, has become so recognized, but which has not, otherwise than in such these investigations, been used to a material extent or for a material time under such the conditions.
(h)(8) The term `Color' includes black, white, and intermediate grays.
Section 39-23-30. A drug or device shall be is deemed to be adulterated if it:
(a)(1)(a) If it consists in whole or in part of any filthy, putrid, or decomposed substance; or
(2)(A)(b)(i) if it has been prepared, packed, or held under insanitary conditions whereby where it may have been contaminated with filth, or whereby where it may have been rendered injurious to health; or
(B)(ii) if it is a drug and the methods used in, or the facilities or controls used for, its manufacture, processing, packing, or holding do not conform to or are not operated or administered in conformity with current good manufacturing practice to assure that such the drug meets the requirements of the Federal Food, Drug, and Cosmetic Act, as amended, as to safety and has the identity and strength, and meets the quality and purity characteristics, which it purports or is represented to possess; or
(3)(c) if it is a drug and its container is composed, in whole or in part, of any a poisonous or deleterious substance which may render the contents injurious to health; or
(4) if
(A)(d)(i) it is a drug which bears or contains, for purposes of coloring only, a color additive which is unsafe within the meaning of Section 706(a) of the Federal Food, Drug, and Cosmetic Act, as amended,;
(B) (ii) it is a color additive the intended use of which in or on drugs is for purposes of coloring only and is unsafe within the meaning of Section 706(a) of the Federal Food, Drug, and Cosmetic Act, as amended; or
(5)(e) if it is a new animal drug which is unsafe within the meaning of Section 512 of the Federal Food, Drug, and Cosmetic Act, as amended; or
(6)(f) if it is an animal feed bearing or containing a new animal drug, and such the animal feed is unsafe within the meaning of Section 512 of the Federal Food, Drug, and Cosmetic Act, as amended.;
(b)(2) If it purports or is represented as a drug the name of which is recognized in an official compendium, and its strength differs from or its quality or purity falls below the standard set forth in such the compendium. Such The determination as to strength, quality, or purity shall must be made in accordance with the tests or methods of assay set forth in such the compendium, except that whenever. However, when tests or methods of assay have not been prescribed in such the compendium, or those prescribed under authority of the federal act, or such the tests or methods of assay as are prescribed are, in the judgment of the Commissioner Director of the Department of Health and Environmental Control, insufficient for the making of such the determination, the Commissioner director shall bring such that fact to the attention of the appropriate body charged with the revision of such the compendium, and. If such the body fails within a reasonable time to prescribe tests or methods of assay, which, in the judgment of the Commissioner director, are sufficient for purposes of this paragraph, then the Commissioner Department of Health and Environmental Control shall promulgate regulations prescribing appropriate tests or methods of assay in accordance with which such the determination as to strength, quality, or purity shall must be made. No drug defined in an official compendium shall may be deemed to be adulterated under this paragraph because it differs from the standard of strength, quality, or purity therefor set forth in such the compendium, if its difference in strength, quality, or purity from such the standards is plainly stated plainly on its label. Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States, it shall be is subject to the requirements of the United States Pharmacopoeia unless it is labeled and offered for sale as a homeopathic drug in which case. If it is labeled and offered for sale as a homeopathic drug, it shall be is subject to the provisions of the Homeopathic Pharmacopoeia of the United States and not to those of the United States Pharmacopoeia.
(c)(3) If it is not subject to the provisions of paragraph (b) of this section, item (2) and its strength differs from, or its purity or quality falls below that which it purports or is represented to possess.;
(d)(4) If it is a drug and any a substance has been (1) mixed or packed therewith with the drug so as to reduce its quality of strength or (2) substituted wholly or in part therefor.
Section 39-23-40. A drug or device shall be is deemed to be misbranded:
(a)(1) if its label is false or misleading in any particular.;
(b)(2) if in a package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided. However, that reasonable variations shall be are permitted under regulations issued promulgated by the Commissioner Department of Health and Environmental Control or issued under the federal act. Provided, further, that in the case of any For a drug subject to Section 39-23-50(B)(1), the label shall must contain the name and place of business of the manufacturer of the finished dosage form and, if different, the name and place of business of the packer or distributor. For the purpose of this paragraph item, the finished dosage form of a drug is that form of the drug which is, or is intended to be, dispensed or administered to the ultimate user upon prescription or as otherwise dispensed by the pharmacist.;
(c)(3) if any a word, a statement, or other information required by or under the authority of this chapter or the Federal Food, Drug, and Cosmetic Act to appear on the label or labeling is not prominently placed thereon prominently on the label or labeling with such conspicuousness, as compared with other words, statements, designs, or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.;
(d)(4) if it is for use by man and contains any a quantity of the narcotic or hypnotic substance alpha-eucaine, barbituric acid, beta-eucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marihuana, morphine, opium, paraldehyde, peyote, or sulphonmethane, or any a chemical derivative of such the substance, which derivative, after investigation, has been found to be, and designated as, habit forming, by regulations issued promulgated by the Commissioner Department of Health and Environmental Control under this chapter, or by regulations issued pursuant to Section 502(d) of the federal act, unless its label bears the name and quantity or proportion of such the substance or derivative and in juxtaposition therewith the statement `Warning--May be habit forming.';
(e)(1)(5)(a) if it is a drug, unless:
(A) (i) its label bears, to the exclusion of any other another nonproprietary name, (except the applicable systematic chemical name or the chemical formula), (i)(A) the established name, (as defined in subparagraph (2)) subitem (b), of the drug, if such there be is, and, (ii) in case (B) if it is fabricated from two or more ingredients, the established name and quantity of each active ingredient, including the quantity, kind, and proportion of any alcohol, and also including whether active or not, the established name and quantity or proportion of any bromides, ether, chloroform, acetanilide, acetophenetidin, amidopyrine, antipyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis, digitalis glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any a derivative or preparation of any such these substances, contained therein; provided, that in them. However, the requirement for stating the quantity of the active ingredients, other than the quantity of those specifically named in this paragraph sub-subitem, shall apply applies only to prescription drugs; and
(B) (ii) for any a prescription drug, the established name of such the drug or ingredient, as the case may be, on such the label, (and on any the labeling on which a name for such the drug or ingredient is used), is printed prominently and in type at least half as large as that used thereon on the label or labeling for any a proprietary name or designation for such the drug or ingredient; and provided, that. However, to the extent that compliance with the requirements of clause (A)(ii) sub-subitem (i)(B) or clause (B) of this subparagraph sub-subitem is impracticable, exemptions shall must be established by regulations promulgated by the Commissioner Department of Health and Environmental Control or under the federal act.
(2)(b) As used in this paragraph (e) item, the term `established name', with respect to a drug or ingredient thereof of the drug, means:
(A) (i) the applicable official name designated pursuant to Section 508 of the Federal Food, Drug, and Cosmetic Act as amended, or;
(B) (ii) if there is no such official name and such the drug, or such the ingredient, is an article recognized in an official compendium, then the official title thereof in such the compendium,; or
(C) (iii) if neither clause (A) sub-subitem (i) nor clause (B) of this subparagraph sub-subitem (ii) applies, then the common or usual name, if any, of such the drug or of such the ingredient; provided, further, that. Where clause (B) of this paragraph sub-subitem (ii) applies to an article recognized in the United States Pharmacopoeia and in the Homeopathic Pharmacopoeia under different official titles, the official title used in the United States Pharmacopoeia shall apply applies unless it is labeled and offered for sale as a homeopathic drug, in which case. If it is labeled and offered for sale as a homeopathic drug, the official title used in the Homeopathic Pharmacopoeia shall apply. applies;
(f)(6)(a) unless its labeling bears adequate:
(1) (i) adequate directions for use; and
(2) (ii) such adequate warnings against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in such a manner and form, as are necessary for the protection of users;
(b) provided, that where any a requirement of clause (1) of this paragraph sub-subitem (i), as applied to any a drug or device, is not necessary for the protection of the public health, the Commissioner Department of Health and Environmental Control shall promulgate regulations exempting such the drug or device from such the requirement; provided, further, that. Articles exempted under regulations issued under Section 502(f) of the federal act shall also be are exempt.;
(g)(7) if it purports to be a drug the name of which is recognized in an official compendium, unless it is packaged and labeled as prescribed therein; provided, that. However, the method of packing may be modified with the consent of the Commissioner Director of the Department of Health and Environmental Control or if consent is obtained under the federal act. Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States, it shall be is subject to the requirements of the United States Pharmacopoeia with respect to packaging, and labeling unless it is labeled and offered for sale as a homeopathic drug, in which case. If it is labeled and offered for sale as a homeopathic drug, it shall be is subject to the provisions of the Homeopathic Pharmacopoeia of the United States, and not to those of the United States Pharmacopoeia; provided, further, that, in the event of. If there is inconsistency between the requirements of this paragraph item and those of paragraph (e) item (5) as to the name by which the drug or its ingredients shall be are designated, the requirements of paragraph (e) shall item (5) prevail.;
(h)(8) if it has been found by the Commissioner Director of the Department of Health and Environmental Control or under the federal act to be a drug liable to deterioration, unless it is packaged in such a form and manner, and its label bears a statement of such the precautions, as the Commissioner Department of Health and Environmental Control or under the federal act shall by regulations require requires as necessary for the protection of the public health. No such regulation shall may be established for any a drug recognized in an official compendium until the Commissioner Director of the Department of Health and Environmental Control shall have informed informs the appropriate body charged with the revision of such the compendium of the need for such the packaging or labeling requirements and such the body shall have failed fails within a reasonable time to prescribe such the requirements.;
(i)(1)(9)(a) if it is a drug and its container is so made, formed, or filled as to be misleading; or
(2)(b) if it is an imitation of another drug; or
(3)(c) if it is offered for sale under the name of another drug.;
(j)(10) if it is dangerous to health when used in the dosage, or with the frequency or duration prescribed, recommended, or suggested in the labeling thereof.;
(k)(11) In the case of any for a prescription drug distributed or offered for sale in any state, unless the manufacturer, packer, or distributor thereof includes in all advertisements and other descriptive printed matter issued or caused to be issued by the manufacturer, packer, or distributor with respect to that drug a true statement of:
(1)(a) the established name as defined in Section 39-23-40(e) item (5), printed prominently and in type at least half as large as that used for any a trade or brand name thereof,;
(2)(b) the formula showing quantitatively each ingredient of such the drug to the extent required for labels under Section 39-23-40(e), and (3) such item (e);
(c) other information in brief summary relating to side effects, contraindications, and effectiveness as shall be required in regulations which shall be issued under the federal act.
Section 39-23-50. (a)(A) The Commissioner Department of Health and Environmental Control is hereby directed to shall promulgate regulations exempting from any a labeling or packaging requirement of this chapter drugs and devices which are, in accordance with the practice of the trade, are to be processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that such the drugs and devices are not adulterated or misbranded, under the provisions of this chapter upon removal from such the processing, labeling, or repacking establishment.
(b)(B)(1) A drug intended for use by man which (A) is a habit-forming drug to which Section 39-23-40(d)(4) applies; or (B) because of its toxicity or other potentiality for harmful effect, or the method of its use, or the collateral measures necessary to its use, is not safe for use except under the supervision of a practitioner licensed by law to administer such the drug; or (C) is limited by an effective application under Section 39-23-70 to use under the professional supervision of a practitioner licensed by law to administer such the drug, shall may be dispensed only:
(i)(a) upon a written prescription of a practitioner licensed by law to administer such the drug,; or
(ii)(b) upon an oral prescription of such the practitioner which is reduced promptly to writing and filed by the pharmacist,; or
(iii)(c) by refilling any such a written or oral prescription if such the refilling is authorized by the prescriber either in the original prescription or by oral order which is reduced promptly to writing and filed by the pharmacist.
(2) The act of dispensing a drug contrary to the provisions of this paragraph shall be item (1) is deemed to be an act which results in the drug being misbranded while held for sale.
(2)(3) Any A drug dispensed by filling or refilling a written or oral prescription of a practitioner licensed by law to administer such the drug shall be is exempt from the requirements of Section 39-23-40, except paragraphs (a) items (1), (i)(2) (9)(b) and (3)(c), (k)(11), and the packaging requirements of paragraphs (g) (7) and (h) (8), if the drug bears a label containing the name and address of the dispenser, the serial number and date of the prescription or of its filling, the name of the prescriber, and if stated in the prescription the name of the patient, and the directions for use and cautionary statements, if any, contained in such the prescription. This exemption shall does not apply to any a drug dispensed in the course of the conduct of a business of dispensing drugs pursuant to diagnosis by mail, or to a drug dispensed in violation of paragraph (1) of this subsection item (1).
(3)(4) The Commissioner Department of Health and Environmental Control may by regulation may remove drugs subject to Section 39-23-40(d)(4) and Section 39-23-70 from the requirements of paragraph item (1) of this subsection when such the requirements are not necessary for the protection of the public health. Drugs removed from the prescription requirements of the federal act by regulations issued thereunder may under it also by regulations issued promulgated by the Commissioner Department of Health and Environmental Control, may be removed from the requirements of paragraph item (1) of this subsection.
(4)(5) A drug which is subject to paragraph item (1) of this subsection shall be is misbranded if at any time prior to before dispensing its label fails to bear the statement `Caution: Federal law prohibits dispensing without prescription.' A drug to which paragraph item (1) of this subsection does not apply shall be is deemed to be misbranded if at any time prior to before dispensing its label bears the caution statement quoted in the preceding sentence.
(5)(6) Nothing in this subsection shall be construed to relieve any relieves a person from any a requirement prescribed by or under authority of law with respect to drugs now included or which may hereafter be included within the classifications stated in Sections 44-49-10, 44-49-40, 44-49-50, and 44-53-110 to 44-53-580.
Section 39-23-55. (A) For purposes of this section, `sample' means a unit of a drug which is not intended by the manufacturer to be sold and which is intended to promote the sale of the drug.
(B) The department may not require the labeling of a prescription or nonprescription drug sample for which a physician does not require a federal or state controlled substance license to dispense, when the physician dispenses it to a patient for no charge. If the sample is not in the manufacturer's original package, the physician shall label it meeting all requirements of nonsample prescription medication. If adequate directions for usage are not provided on the manufacturer's package, the physician shall give adequate written directions.
(C) The labeling exemption established in this section does not apply when more than one hundred twenty dosage units or a thirty-day supply of a drug in solid form or eight ounces of a drug in liquid form is dispensed.
Section 39-23-60. In accordance with federal standards, the Commissioner Department of Health and Environmental Control shall promulgate regulations providing for the listing of coal-tar colors which are harmless and suitable for use in drugs for purposes of coloring only and for the certification of batches of such the colors, with or without harmless diluents.
Section 39-23-70. (A) No person shall may introduce or deliver for introduction into intrastate commerce any a new drug unless an application filed pursuant to subsection (B) is effective with respect to such the drug, or an application with respect thereto to the drug has been approved and such the approval has not been withdrawn under Section 505 of the federal act.
(B) Any A person may file with the Commissioner Director of the Department of Health and Environmental Control an application with respect to any a drug subject to the provisions of subsection (A). Such The persons shall submit to the Commissioner Director of the Department of Health and Environmental Control as a part of the application:
(1) full reports of investigations which have been made to show whether or not such the drug is safe for use;
(2) a full list of the articles used as components of such the drug;
(3) a full statement of the composition of such the drug;
(4) a full description of the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of such the drug;
(5) such samples of such the drug and of the articles used as components thereof of the drug as the Commissioner Director of the Department of Health and Environmental Control may require; and (6) specimens of the labeling proposed to be used for such the drug.
(C) An application provided for in subsection (B) shall become is effective on the one hundred eightieth day after the its filing thereof, except that if. However, the Commissioner Director of the Department of Health and Environmental Control, before the effective date of the application, shall issue an order refusing to permit the application to become effective if he finds, after due notice to the applicant and giving him an opportunity for a hearing,:
(1), that the drug is not safe or not effective for use under the conditions prescribed, recommended, or suggested in the its proposed labeling thereof; or
(2) the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of such the drugs are inadequate to preserve its identity, strength, quality, and purity; or
(3) based on a fair evaluation of all material facts, such the labeling is false or misleading in any particular; he shall, prior to the effective date of the application, issue an order refusing to permit the application to become effective.
(D) If The Commissioner Director of the Department of Health and Environmental Control, before the effective date of the application, shall issue an order refusing to permit the application to become effective if he finds, after due notice to the applicant and giving him an opportunity for a hearing, that:
(1) the investigations, reports of which are required to be submitted to the Commissioner director pursuant to subsection (B), do not include adequate tests by all methods reasonably applicable to show whether or not such the drug is safe for use under the conditions prescribed, recommended, or suggested in the its proposed labeling thereof;
(2) the results of such the tests show that such the drug is unsafe for use under such the conditions or do not show that such the drug is safe for use under such the conditions;
(3) the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of such the drug are inadequate to preserve its identity, strength, quality, and purity; or
(4) upon the basis of the information submitted to him as part of the application or upon the basis of any other information before him with respect to such the drug, he has insufficient information to determine whether such the drug is safe for use under such the conditions, he shall, prior to the effective date of the application, issue an order refusing to permit the application to become effective.
(E) The effectiveness of an application with respect to any a drug shall, after due notice and opportunity for hearing to the applicant, by order of the Commissioner Director of the Department of Health and Environmental Control stating the findings upon which it is based, must be suspended if the Commissioner director finds that:
(1) that clinical experience, tests by new methods, or tests by methods not deemed reasonably applicable when such the application became effective show that such the drug is unsafe for use under conditions of use upon the basis of which the application became effective,; or
(2) that the application contains any an untrue statement of a material fact. The order shall state the findings upon which it is based.
(F) An order refusing to permit an application with respect to any a drug to become effective shall must be revoked whenever the Commissioner Director of the Department of Health and Environmental Control finds that the facts so require.
(G) Orders of the Commissioner Director of the Department of Health and Environmental Control issued under this section shall must be served:
(1) in person by an officer or employee of the Department of Health and Environmental Control designated by the Commissioner director; or
(2) by mailing the order by registered mail addressed to the applicant or respondent at his last known address in the records of the Commissioner director.
(H) An appeal may be taken by the applicant from an order of the Commissioner Director of the Department of Health and Environmental Control refusing to permit the application to become effective, or suspending the effectiveness of the application. Such The appeal shall must be taken by filing in the circuit court within any a circuit wherein such in which the applicant resides or has his principal place of business, within sixty days after the entry of such the order, a written petition praying that the order of the Commissioner director be set aside. A copy of such the petition shall must be forthwith served immediately upon the Commissioner director or upon any an officer designated by him for that purpose, and thereupon the Commissioner director shall certify and file in the court a transcript of the record upon which the order complained of was entered. Upon the filing of such the transcript such the court shall have has exclusive jurisdiction to affirm or set aside such the order. No objection to the order of the Commissioner director shall may be considered by the court unless such the objection shall have has been argued before the Commissioner director or unless there were reasonable grounds for failure so to do. The findings of the Commissioner director as to the facts, if supported by substantial evidence, shall be are conclusive. If any a person shall apply applies to the court for leave to adduce additional evidence, and shall show shows to the satisfaction of the court that such the additional evidence is material and that there were reasonable grounds for failure to adduce such the evidence in the proceeding before the Commissioner director, the court may order such the additional evidence to be taken before the Commissioner director and to be adduced upon the hearing in such a manner and upon such terms and conditions as the court may deem proper. The Commissioner director may modify his findings as to the facts by reason of the additional evidence so taken, and he shall file with the court such the modified findings which, if supported by substantial evidence, shall be are conclusive, and his recommendation, if any, for the setting aside of the original order. The judgment and decree of the court affirming or setting aside any such an order of the Commissioner director shall be is final, subject to review as provided by statute. The commencement of proceedings under this subsection shall not, unless specifically ordered by the court to the contrary, does not operate as a stay of the Commissioner's director's orders.
(I) The Commissioner Department of Health and Environmental Control shall promulgate regulations for exempting from the operation of this section drugs intended solely for investigational use by experts qualified by scientific training and experience to investigate the safety of drugs.
Section 39-23-80. (A) It is unlawful to do or cause the following acts:
(1) introduction or delivery for introduction into commerce within the State of a drug or device that is adulterated or misbranded;
(2) adulteration or misbranding of a drug or device in intrastate commerce;
(3) receipt in intrastate commerce of a drug or device that is adulterated or misbranded, and the delivery or proffered delivery of a drug or device for pay or otherwise;
(4) manufacture of a drug or device within the State which is adulterated or misbranded;
(5) forging, counterfeiting, simulating, or falsely representing, or without proper authority using any a mark, stamp, tag, or label, or other identification device authorized or required by regulations promulgated under the provisions of this chapter or the federal act;
(6) alteration, mutilation, destruction, obliteration, or removal of the whole or any a part of the labeling of, or the doing of any other another act with respect to, a drug or device, if the act is done while the article is held for sale, (whether or not the first sale), after shipment in intrastate commerce and results in the article being adulterated or misbranded;
(7) using, on the label of a drug or in an advertisement relating to the drug, any a representation or suggestion that an application with respect to the drug is effective under Section 39-23-70, or that the drug complies with the provisions of that section.
(B)(1) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years, or fined not more than five thousand dollars, or both for a first offense.
(2) A person convicted under this section for a second offense is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both.
(3) A violation with intent to defraud or mislead is a felony and, upon conviction, the person must be imprisoned not more than five years or fined not more than ten thousand dollars, or both.
Section 39-23-100. (A) Any A drug or device that is adulterated or misbranded when introduced into or while in intrastate commerce or while held for sale, (whether or not the first sale), after shipment in intrastate commerce, or which may not, under the provisions of Section 39-23-50, may not be introduced into intrastate commerce, shall be is liable to be proceeded against while in intrastate commerce or at any after that time thereafter, on libel of information and condemned in any a circuit court of the State within the jurisdiction of which the article is found; provided,. However, that no libel for condemnation shall may be instituted under this chapter, for any alleged misbranding if there is pending in any a court a libel for condemnation proceeding under this chapter based upon the same alleged misbranding, and. Not more than one such libel for condemnation proceeding shall may be instituted if no such proceeding is so pending, except that such the limitations shall do not apply (1) when such misbranding has been the basis of a prior judgment in favor of the State, in a criminal injunction, or libel for condemnation proceeding under this chapter, or (2) when the Commissioner Director of the Department of Health and Environmental Control has probable cause to believe from facts found, without hearings, by him or any an officer or employee of the Department of Health and Environmental Control that the misbranding is dangerous to health, or that the labeling of the misbranded article is fraudulent, or would be in a material respect misleading to injury or damage of the purchaser or consumer. In any case Where the number of libel for condemnation proceedings is limited as above provided in this subsection, the proceeding pending or instituted shall, on application of the claimant, reasonably made, must be removed for trial to any a circuit agreed upon by stipulation between the parties, or, in case of for failure to so stipulate within a reasonable time, the claimant may apply to the court of the circuit in which the seizure has been made, and such the court, (after giving the Attorney General or other attorney for the Department of Health and Environmental Control reasonable notice and opportunity to be heard), shall by order, unless good cause to the contrary is shown, by order shall specify a circuit of reasonable proximity to the claimant's principal place of business to which the case shall must be removed for trial.
(B) The article shall be is liable to seizure by process pursuant to the libel, and the procedure in cases under this section shall conform, as nearly as may be, to the procedure in admiralty; except that. However, on demand of either party, any an issue of fact joined in any such a case shall must be tried by jury. When libel for condemnation proceedings under this section, involving the same claimant and the same issues of adulteration or misbranding, are pending in two or more jurisdictions, such the pending proceedings, upon application of the claimant reasonably made to the court of one such jurisdiction of the jurisdictions, shall must be consolidated for trial by order of such that court, and tried in (1) any a circuit selected by the claimant where one of such the proceedings is pending; or (2) a circuit agreed upon by stipulation between the parties. If no order for consolidation is so made within a reasonable time, the claimant may apply to the court of one such jurisdiction of the jurisdictions, and such that court, (after giving the Attorney General or other attorney for the Department of Health and Environmental Control reasonable notice and opportunity to be heard) shall by order, unless good cause to the contrary is shown, by order shall specify a circuit of reasonable proximity to the claimant's principal place of business, in which all pending proceedings shall must be consolidated for trial and tried. Such The order of consolidation shall may not apply so as to require the removal of any a case the date for trial of which has been fixed. The court granting such the order shall give prompt notification thereof of the order to the other courts having jurisdiction of the cases covered thereby by the order.
(C) The court at any time after seizure up to a reasonable time before trial shall by order shall allow any a party to a condemnation proceeding, his attorney or agent, to obtain a representative sample of the article seized.
(D) Any A drug or device condemned under this section shall, after entry of the decree, must be disposed of by destruction or sale as the court may, in accordance with the provisions of this section, may direct and the proceeds thereof, if sold, less the legal costs and charges, shall must be paid into to the Treasury of the State of South Carolina; but such Treasurer. However, the article shall must not be sold under such the decree contrary to the provisions of this chapter or the laws of the jurisdiction in which sold; provided, that. After entry of the decree and upon the payment of the costs of such proceedings and the execution of a good and sufficient bond conditioned that such the article shall must not be sold or disposed of contrary to the provisions of this chapter or the laws of any a state or territory in which sold, the court may by order may direct that such the article be delivered to the its owner thereof to be destroyed or brought into compliance with the provisions of this chapter under the supervision of an officer or employee duly designated by the Commissioner Director of the Department of Health and Environmental Control, and. The expenses of such the supervision shall must be paid by the person obtaining release of the article under bond. Any An article condemned by reason of its being an article which may not, under Section 39-23-70, may not be introduced into intrastate commerce, shall must be disposed of by destruction.
(E) When a decree of condemnation is entered against the article, court costs of fees, and storage and other proper expenses, shall must be awarded against the person, if any, intervening as claimant of the article.
(F) In the case of For removal for trial of any a case as provided by subsection (A) or (B):
(1) The clerk of the court from which removal is made shall promptly shall transmit to the court in which the case is to be tried all records in the case necessary in order that such so the court may exercise jurisdiction.
(2) The court to which such the case was removed shall have has the powers and be is subject to the duties, for purposes of such the case, which the court from which removal was made would have had, or to which such the court would have been subject, if such the case had not been removed.
Section 39-23-110. Before any a violation of this chapter is reported by the Commissioner Director of the Department of Health and Environmental Control to the Attorney General for institution of a criminal proceeding, the person against whom such the proceeding is contemplated shall must be given appropriate notice and an opportunity to present his views, either orally or in writing, with regard to such the contemplated proceeding.
Section 39-23-120. Nothing in this chapter shall may be construed as requiring the Commissioner Director of the Department of Health and Environmental Control to report for prosecution, or for the institution of libel or injunction proceedings, minor violations of this chapter whenever he believes that the public interest will be adequately served adequately by a suitable written notice or warning.
Section 39-23-130. The Commissioner Director of the Department of Health and Environmental Control may, upon service of written notice, may embargo any a drug, or device, or other substance for a period not to exceed more than fifteen days if such the drug, device, or substance is suspected of being adulterated or misbranded,. The purpose of such the embargo being is to prevent the removal of such the drug, device, or substance from the jurisdiction of the Commissioner Director of the Department of Health and Environmental Control until an investigation of such the suspected adulteration or misbranding may be conducted."
SECTION 129. Section 40-6-180 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 40-6-180. No license may be denied, suspended, or revoked, and no other disciplinary action against a licensee may be taken, until after fifteen days' notice has been given in writing to the licensee or applicant stating the ground of the proposed action and until a public hearing has been held at which he shall have opportunity to be heard, present testimony in his behalf, and be confronted by witnesses against him, if he requests the hearing. The commission, in its discretion, may grant the accused a temporary permit to auction pending the hearing and determination. Determinations must be made and the licensee or applicant notified of them within five days after the hearing. Any auctioneer notified of a suspension may request a rehearing within twenty days from the date of notification of determination. Upon a rehearing and continued denial, suspension, or revocation of license, or other disciplinary action, or upon a refusal for rehearing, the party is entitled to appeal his case to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 (the Administrative Procedures Act). The commission or its authorized representatives may subpoena witnesses and documents for any hearing and may administer oaths to the witnesses. (A) Before denying, suspending, or revoking a license and before issuing a written or oral reprimand or assessing a fine, the commission shall notify the applicant or licensee of the charges and grant the applicant or licensee an opportunity to be heard. The hearing must be held not less than thirty days after the applicant or licensee is notified of the charges. If charges are brought against an apprentice auctioneer, the apprentice's supervising auctioneer also must be notified of the charges. Hearing of the charges must be at a time and place designated by the commission and must be conducted in accordance with the Administrative Procedures Act.
(B) Every licensee or applicant aggrieved by a decision of the commission in denying, suspending, or revoking any license or in issuing reprimands or fines provided under the provisions of this chapter may appeal from the decision of the commission to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1."
SECTION 130. Section 40-15-210 of the 1976 Code, as last amended by Act 181 of 1993, is further is amended to read:
"Section 40-15-210. The person whose license or registration certificate has been suspended or revoked may, within thirty days, appeal from the action of the board in suspending or revoking the same to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1. The board shall certify to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for its consideration a record of the hearing before the board. Any person who practices dentistry or dental hygiene or performs dental technological work, in violation of the provisions of this chapter, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than two years, or both. Each violation constitutes a separate offense. The provisions of this section apply to any person aiding or abetting in any violation of this chapter."
SECTION 131. Section 40-22-150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 40-22-150. The Director of the Department of Labor, Licensing, and Regulation, pursuant to Section 40-73-15, may employ clerical or other assistants as necessary for carrying out the duties of this chapter. The Director of the Department of Labor, Licensing, and Regulation, or his designee, pursuant to Section 40-73-15, shall appoint and employ a qualified person to serve as executive director, and shall fix his compensation and define his duties. The executive director of the board shall have the power to make contracts, with board approval, for the furtherance of the board's functions and the management of the office. The director, or his designee, may employ such other persons as may be necessary to carry on the board's work. The salaries of employees and necessary expenses incurred in the performance of their duties shall be paid out of funds held by the board."
SECTION 132. Section 40-25-40(C) of the 1976 Code, as last amended by Act 312 of 1992, is further amended to read:
"(C) Members of the commission in subsection (B)(1)(a) through (d) must be appointed by the Governor with the advice and consent of the Senate. Before appointing the member in subsection (B)(1)(d) the Governor shall invite recommendations from the South Carolina Hearing Aid Society, the Commission Division on Aging in the Office of the Governor, the Department of Consumer Affairs, the Department of Education, the Department of Vocational Rehabilitation, the Board of Commissioners of the School for the Deaf and the Blind, and other agencies or organizations which might have knowledge of qualified citizens to serve on the commission. The term of each member is four years. Before a member's term expires the Governor, with the advice and consent of the Senate, shall appoint a successor to assume his the member's duties at the expiration of the term. A vacancy must be filled in the manner of the original appointment. The members annually shall designate one member as chairman and another as secretary. No member of the commission who has served two or more full terms may be reappointed until at least one year after the expiration of his the member's most recent full term of office."
SECTION 133. Section 40-35-10(5) of the 1976 Code, as last amended by Act 605 of 1990, is further amended to read:
"(5) `Qualified mental retardation professional' means a person who, by training and experience, meets the requirements of applicable federal law and regulations for a qualified mental retardation professional, as determined by the South Carolina Department of Mental Retardation Department of Disabilities and Special Needs."
SECTION 134. Section 40-35-140 of the 1976 Code, as last amended by Act 605 of 1990, is further amended to read:
"Section 40-35-140. Habilitation centers for the mentally retarded or persons with related conditions funded in whole or in part by the Department of Mental Retardation Disabilities and Special Needs must be under the supervision of a licensed nursing home administrator or a qualified mental retardation professional who has been determined by the department to have the requisite training and experience."
SECTION 135. Section 40-47-140 of the 1976 Code, as last amended by Act 432 of 1990, is amended further to read:
"Section 40-47-140. (A) The board by regulation shall establish minimum standards of performance to be attained on examinations for an applicant to qualify for a license.
(B) For FLEX examinations taken before June 1, 1985, the following standards apply:
An applicant for permanent licensure shall obtain, in one sitting, a score of at least seventy-five on each day of the examination. If the applicant has a FLEX weighted average of seventy-five or more with no daily score below seventy, the board may accept this score if the applicant currently is board certified by a specialty board recognized by the American Board of Medical Specialties.
(C) For FLEX examinations taken after June 1, 1985, the following standards apply:
An applicant for permanent licensure shall obtain a score of seventy-five or more on both Component I and Component II. An applicant shall pass both components within five years of the first taking of any component of this examination.
(D) For the SPEX (Special Purpose) examination, the following standards apply:
An applicant for permanent licensure who has not passed National Boards, FLEX, SPEX, or been certified or recertified by a Specialty Board recognized by the American Board of Medical Specialties within ten years of the date of his application to this board, shall pass the SPEX exam. A passing score on the SPEX examination is seventy-five or better. This requirement is in addition to all other requirements for licensure. The SPEX examination requirement does not apply to a physician employed full time by the South Carolina Department of Corrections, South Carolina Department of Health and Environmental Control, State Department of Mental Health, and State Mental Retardation Department Department of Disabilities and Special Needs acting within the scope of his employment. A license issued to this physician is revoked immediately if he leaves the full-time employment or acts outside his scope of employment. However, the SPEX examination requirement applies to a physician providing services under a contract for the State and a physician providing services for which there is an expectation of payment, is payment for services, or should have been payment from a source other than the salary the physician receives from the State."
SECTION 136. Section 40-73-15(a) of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"(a) The following professions and occupations shall hereafter must be administered by the Department of Labor, Licensing, and Regulation:
(1) accountants;
(2) architects;
(3) Athletic Commission;
(4) auctioneers;
(5) barbers and barbering;
(6) barrier free design board;
(7) building code council;
(8) burglar alarm business;
(9) chiropractors and chiropractic;
(10) contractors;
(11) cosmetologists;
(12) dentists, dental hygienists and dental technicians;
(13) embalmers and funeral directors/funeral service board;
(14) engineers and land surveyors;
(15) environmental systems operators;
(16) fire sprinkler contractors;
(17) foresters registration board;
(18) geologists;
(19) Harbor Pilots/Pilotage Commission;
(20) Liquefied Petroleum Gas Board;
(21) Manufactured Housing Board;
(22) Modular Appeals Board;
(23) nurses;
(24) nursing home administrators;
(25) occupational therapists;
(26) optometrists;
(27) opticians;
(28) pharmacists;
(29) physical therapists;
(30) physicians, surgeons and osteopaths;
(31) podiatrists and podiatry;
(32) professional counselors, and marital and family therapists;
(33) psychologists;
(34) Pyrotechnic Safety Board;
(35) real estate brokers and appraisers, counsellors, salesmen, appraisers, auctioneers, and property managers;
(36) residential home builders;
sanitarians
(37) social workers;
(38) speech/language pathologists and audiologists;
(39) veterinarians."
SECTION 137. The 1976 Code is amended by adding:
"Section 40-73-17. Notwithstanding any other provision of law, the South Carolina Department of Labor, Licensing, and Regulation shall provide legal services to all its divisions including those which by statute are provided legal services by the Attorney General of South Carolina."
SECTION 138. Section 41-10-70 of the 1976 Code, as last amended by Act 463 of 1990, is further amended to read:
"Section 41-10-70. Upon written complaint of any employee alleging a violation of this chapter, the Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee may institute an investigation of the alleged violation. If the Commissioner of Labor director determines that a violation exists, he shall endeavor to resolve all issues by informal methods of mediation and conciliation."
SECTION 139. Section 41-10-80 of the 1976 Code, as last amended by Act 463 of 1990, is further amended to read:
"Section 41-10-80. (A) Any employer who violates the provisions of Section 41-10-30 must be given a written warning by the Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee for the first offense and must be assessed a civil penalty of not more than one hundred dollars for each subsequent offense.
(B) Any employer who violates the provisions of Section 41-10-40 must be assessed a civil penalty of not more than one hundred dollars for each violation. Each failure to pay constitutes a separate offense.
(C) In case of any failure to pay wages due to an employee as required by Section 41-10-40 or 41-10-50 the employee may recover in a civil action an amount equal to three times the full amount of the unpaid wages, plus costs and reasonable attorney's fees as the court may allow. Any civil action for the recovery of wages must be commenced within three years after the wages become due.
(D) The Commissioner of Labor director shall promulgate regulations to establish a procedure for administrative review of any civil penalty assessed by the commissioner him."
SECTION 140. Section 41-10-90 of the 1976 Code, as last amended by Act 380 of 1986, is further amended to read:
"Section 41-10-90. In each case where a civil penalty assessed under subsection (A) or (B) of Section 41-10-80(A) or (B) is not paid within sixty days, the Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee shall bring an action against the assessed employer for collection of the penalty. Any amounts collected must be turned over to the State Treasurer for deposit in the general fund of the State."
SECTION 141. Section 41-10-110 of the 1976 Code, as last amended by Act 380 of 1986, is further amended to read:
"Section 41-10-110. The Commissioner of Labor, his inspectors, agents, or designees Director of the Department of Labor, Licensing, and Regulation or his designee, upon proper presentation of credentials to the owner, manager, or agent of the employer, may enter at reasonable times and have the right to question either publicly or privately any employer, owner, manager, or agent and the employees of the employer and inspect, investigate, reproduce, or photograph time records or payroll records for the purpose of determining that the provisions of this chapter are complied with."
SECTION 142. Section 41-13-20 of the 1976 Code is amended to read:
"Section 41-13-20. No employer in this State shall may engage in any oppressive child labor practices. The Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee shall promulgate regulations pursuant to Sections 1-23-10, et seq. which will prohibit and prevent such oppressive child labor practices provided that such. However, the regulations shall must not be more restrictive or burdensome than applicable federal laws or regulations."
SECTION 143. Section 41-13-25 of the 1976 Code, as last amended by Act 135 of 1989, is further amended to read:
"Section 41-13-25. (A) As determined by the Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee, an employer who violates a child labor regulation promulgated pursuant to this chapter must be given a written warning of the violation for a first offense and fined not less than ten dollars nor more than fifty dollars for each subsequent offense. Each day during which the violation continues is a separate offense, and each child employed in violation of a regulation is a separate offense.
(B) The findings of the commissioner director, including the amount of the fine, are final unless within thirty days after receipt of their notice by certified mail the employer requests in writing to the commissioner a review of the findings or the amount of the fine. If a request for review is made to the commissioner director, a final determination must be made after an opportunity for a hearing pursuant to the Administrative Procedures Act.
(C) The amount of the fine as finally determined may be recovered in a civil action brought in a court of competent jurisdiction and deposited in the state general fund."
SECTION 144. Section 41-13-50 of the 1976 Code is amended to read:
"Section 41-13-50. The Commissioner of Labor and the inspectors and agents Director of the Department of Labor, Licensing, and Regulation or his designee of the Department of Labor shall enforce the provisions of this chapter, make complaints against persons violating its provisions, and institute prosecutions for violation thereof of them."
SECTION 145. Section 41-13-60 of the 1976 Code is amended to read:
"Section 41-13-60. The Commissioner director and the inspectors and agents of the Department division may enter and inspect at any time any place or establishment where minors are employed and may have access to all such records as may aid in the enforcement of this chapter."
SECTION 146. Section 41-15-90 of the 1976 Code is amended to read:
"Section 41-15-90. The Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee shall issue rules and regulations requiring that employers keep their employees informed of their protections and obligations under this chapter, including the provisions of applicable safety and health regulations, through the posting of notices or other appropriate means. The provisions of Section 41-15-80 and this section shall do not apply to employers subject to the provisions of the Federal Railway Safety Act of 1970."
SECTION 147. Section 41-15-100 of the 1976 Code is amended to read:
"Section 41-15-100. The Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee shall issue regulations requiring employers to monitor and measure an employee's exposure to potentially toxic materials or harmful physical agents and to maintain accurate records of such the employee exposure. Such These regulations shall must provide employees or their representatives with an opportunity to observe such the monitoring or measuring and to have access to the records thereof of it. Such These regulations shall also must make appropriate provision for each employee or former employee to have access to such records as will indicate his own exposure to toxic materials or harmful physical agents. Each employer shall notify promptly notify any employee who has been or is being exposed to toxic material or harmful physical agents in concentrations or at levels which exceed those prescribed by an applicable occupational safety and health standard promulgated under Sections 41-15-210 to 41-15-330, as amended, and shall inform any employee who is being thus exposed of the corrective action being taken.
Where appropriate, such these regulations also shall also prescribe the type and frequency of medical examinations or other tests which shall must be made available, by the employer or at his cost, to employees exposed to such the hazards in order to most effectively determine whether the health of such the employees is adversely affected by such the exposure. The results of such the medical examinations or other tests shall must be made available to the employer, the Commissioner director, and at the request of the employee, to his physician.
In the event If such the medical examinations or other tests are in the nature of research, such the examinations may be furnished at the expense of the Department Division of Labor. The results of such the examinations or tests shall must be furnished only to the Commissioner of Labor director and, at the request of the employee, to his physician.
SECTION 148. Section 41-15-210 of the 1976 Code is amended to read:
"Section 41-15-210. The Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee may promulgate, modify, or revoke rules and regulations which will have full force and effect of law upon being properly certified and filed for the purpose of attaining the highest degree of health and safety protection for any and all employees working within the State of South Carolina, whether employed in the public or private sector."
SECTION 149. Section 41-15-220 of the 1976 Code is amended to read:
"Section 41-15-220. (A) Before the promulgation, modification, or revocation of a regulation issued pursuant to this article, the commissioner director shall conduct a public hearing at which all interested persons, including employer and employee representatives, must be provided an opportunity to appear and present their comments orally or written, or both. Notice of the hearing must be published in the State Register and in at least three newspapers, at least one of which has circulation in upper, lower, and middle South Carolina, once a week for three weeks. The notice must contain the date, time, and place of the hearing and a brief description of the proposed regulation.
(B) Occupational safety and health standards promulgated pursuant to this article are not subject to the Administrative Procedures Act. After promulgation the department division shall file a notice in the Legislative Council to be published in the State Register. This notice must refer to the federal occupational safety and health administration standards which have been repromulgated under this section and give specific notice of differences between the state and federal standard. Filing and publication of notice in the State Register give notice of the contents of the standard to a person subject to or affected by it.
(C) Publication of the notice creates a rebuttable presumption that the:
(1) standard to which it refers was promulgated under this section;
(2) notice was filed and made available for public inspection at the day and hour stated in it;
(3) copy on file in the Legislative Council is a true copy of the original."
SECTION 150. Section 41-15-230 of the 1976 Code is amended to read:
"Section 41-15-230. Any rule or regulation promulgated, modified, or revoked under this article may contain a provision delaying its effective date for such a period (not in excess of ninety days) as the Commissioner director determines may be necessary to insure ensure that affected employers and employees will be informed of the existence, modification, or revocation of the rule or regulation and of its terms and that employers affected are given an opportunity to familiarize themselves and their employees with the existence of the requirements of the rule or regulation."
SECTION 151. Section 41-15-240 of the 1976 Code is amended to read:
"Section 41-15-240. Any affected employer may apply to the Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee for a temporary permit granting a variance from a rule or regulation or any provision thereof of it promulgated under this article. Affected employees shall must be given notice by the employer of each such application and shall must be furnished an opportunity to participate in any hearing which shall must be directed at the request of the employer or by the Commissioner director on his own motion. Such The temporary permit shall must be granted at the discretion of the Commissioner director if sufficient evidence establishes that:
(a) He is unable to comply with a rule or regulation by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the rule or regulation or because necessary construction or alteration of facilities cannot be completed by the effective date;.
(b) He is taking all available steps to safeguard his employees against the hazard covered by the rule or regulation;.
(c) He has an effective program for coming into compliance with the rule or regulation as quickly as practicable. Any temporary permit issued under this section shall must prescribe the practices, means, methods, operations, and processes which the employer must shall adopt and use while the permit is in effect and state in detail his program for coming into compliance with the rule or regulation.
No temporary permit may be in effect for longer than the period needed by the employer to achieve compliance with the rule or regulation or for one year, whichever is shorter, except that such an order may be renewed not more than twice (1) so long as the requirements of this paragraph are met and (2) if an application for a renewal is filed at least ninety days prior to before the expiration date of the order. The form of the application itself for a temporary permit shall must be as prescribed by the Commissioner director."
SECTION 152. Section 41-15-250 of the 1976 Code is amended to read:
"Section 41-15-250. Any affected employer may apply to the Commissioner director for a permit for a permanent variance from a rule or regulation promulgated under this article. Affected employees and their bargaining representative, if any, shall must be given notice by the employer of each such application and shall must be furnished an opportunity to participate in a hearing. The Commissioner director shall issue such the permit if he determines on the record, after opportunity for an inspection where applicable and a hearing, that the proponent of a variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations, or processes used or proposed to be used by an employer will provide employment and places of employment to his employees which are as safe and healthful as those which would prevail if he complied with the rule and regulation. The permit so issued shall must prescribe the conditions the employer must shall maintain and the practices, means, methods, operations, and processes which he must shall adopt and utilize to the extent they differ from the rule or regulation in question. Such a This permit may be revoked or modified upon application by an employer, employee, or by the Commissioner director on his own motion, in the manner prescribed for its issuance under this section at any time after six months from its issuance."
SECTION 153. Section 41-15-260 of the 1976 Code is amended to read:
"Section 41-15-260. (A) The Commissioner director, his inspectors, compliance officers, agents, or designees, upon proper presentation of credentials to the owner, manager, or agent of the employer, shall enter at reasonable times and have has the right to question either publicly or privately any such employer, owner, manager, agent, or the employees of the employer and inspect, investigate, reproduce, photograph, and sample all pertinent places, sites, areas, work injury records, and such other records during regular working hours and at other reasonable times, and within reasonable limits, and in a reasonable manner when such it comes under the jurisdiction of the Commissioner director to enforce the occupational safety and health provisions of this title.
(B) If an inspector is denied admission for purposes of inspection, the Commissioner director may seek a warrant as follows:
(1) Any circuit judge having jurisdiction where the inspection and investigation is to be conducted is empowered to may issue administrative warrants upon proper showing of the need for such entry. Such The inspection and investigation may include interviewing of employees, photographing, reproducing, sampling, and such other tests and acts as are necessary to carry out the purposes of the inspection and investigation.
(2) A warrant shall may be issued only upon an affidavit of an officer or employee of the Department Division of Labor duly designated and having knowledge of the facts alleged, sworn to before the circuit judge establishing the grounds for issuing the warrant and certifying that request for permission to conduct the inspection has been made to the employer concerned and was refused and that the Commissioner of Labor director has authorized the application for issuance of the warrant. If the circuit judge is satisfied that grounds for the application exist, he shall issue a warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of such inspection, and, where appropriate, the type of property to be inspected. The warrant shall must be directed to a person authorized by the Commissioner of Labor director to execute it. The warrant shall must state the grounds for issuance with the supporting affidavit being made a part thereof of it. It shall must command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified. The warrant shall must direct that it be served at a reasonable time. It shall and designate the circuit judge to whom it shall must be returned.
(3) A warrant issued pursuant to this section shall must be served within ten days and returned within thirty days of its date of issue. The circuit judge who has issued a warrant under this section shall attach to the warrant a copy of the return and all papers filed in connection therewith with it and shall cause them to be filed with the court which issued such the warrant.
(4) Any circuit judge authorized to issue warrants pursuant to this section shall keep a record along with a copy of the return warrant and supporting affidavit and documents for a period of three years from date of issuance of each warrant. The record shall must be on a form prescribed by the Commissioner of Labor director and reflect as to each warrant:
(a) date and exact time of issue;
(b) name of person to whom warrant issued;
(c) name of person whose establishment or site is to be inspected;
(d) reason for issuance of warrant;
(e) date and time of return."
SECTION 154. Section 41-15-270 of the 1976 Code is amended to read:
"Section 41-15-270. The Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee may subpoena witnesses, documents, take and preserve testimony, examine witnesses, administer oaths, and, upon proper presentation of credentials to the owner, manager or agent of the employer, enter any place, site, or area where employment comes under the jurisdiction of the Commissioner director and interrogate any person employed therein in it or connected therewith with it or the proper officers of a corporation or employer, or he may file a written or printed list of interrogatories and require full and complete answers to them to be returned under oath within fifteen days of the receipt of such the list."
SECTION 155. Section 41-15-280 of the 1976 Code is amended to read:
"Section 41-15-280. If, upon inspection or investigation, the Commissioner director or his authorized representative ascertains that an employer has violated a requirement of any rule or regulation promulgated pursuant to this article, he shall with reasonable promptness shall issue a citation to the employer. Each citation shall must be in writing and shall must describe with particularity the nature of the violation or violations, including a reference to any statute or rule or regulation alleged to have been violated. The citation shall fix a reasonable time for the abatement of the violation. The Commissioner director may prescribe procedures for the issuance of a notice in lieu of a citation with respect to de minimis violations which have no direct or immediate relationship to safety or health. Such This notice shall have has the effect of a recommendation to the employer;. Compliance will is not be required.
Each citation issued under this section, or a copy or copies thereof of it, shall must be posted prominently posted, as prescribed in regulations issued by the Commissioner director, at or near each place a violation referred to in the citation occurred.
No citation may be issued under this section after the expiration of six months following the occurrence of any violation."
SECTION 156. Section 41-15-290 of the 1976 Code is amended to read:
"Section 41-15-290. (a) The court of common pleas of the county where the place of employment is located shall have has jurisdiction, upon petition of the Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee, to restrain any conditions or practices in any place of employment which are such that a danger exists which reasonably could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such the danger can be eliminated through the enforcement procedures provided by law. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct, or remove such the imminent danger and prohibit the employment or presence of any individual in locations or under conditions where such the imminent danger exists, except individuals whose presence is necessary to avoid, correct, or remove such imminent danger or to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations, or where a cessation of operations is necessary to permit such it to be accomplished in a safe and orderly manner.
(b) Upon the filing of any such a petition the court of common pleas shall have has jurisdiction to grant such the injunctive relief or temporary restraining order pending the outcome of an enforcement proceeding pursuant to the law.
(c) Whenever and as soon as a safety specialist concludes that conditions or practices described in item subsection (a) exist in any place of employment, he shall inform the affected employees and employers of the danger and that he is recommending to the Commissioner director that relief be sought.
(d) If the Commissioner of Labor, or his authorized representative, Director of the Department of Labor, Licensing, and Regulation or his designee arbitrarily or capriciously fails to seek relief under this section, any employee who may be injured or aggrieved by reason of such the failure, or the representative of such the employees, may bring an action against the Commissioner director in the court of common pleas for the district in which the imminent danger is alleged to exist, or the employer has its principal office, or an affected employee resides, for a writ of mandamus to compel the Commissioner director to seek such an order and for such further relief as may be appropriate."
SECTION 157. Section 41-15-300 of the 1976 Code is amended to read:
"Section 41-15-300. If, after an inspection or investigation, the Commissioner director issues a citation, he shall within a reasonable time after the termination of such the inspection or investigation, he shall notify the employer by certified mail of the penalty, if any, assessed under Section 41-15-320."
SECTION 158. Section 41-15-320 of the 1976 Code, as last amended by Act 25 of 1991, is further amended to read:
"Section 41-15-320. (a) Any employer who wilfully or repeatedly violates any occupational safety or health rule or regulation promulgated pursuant to this article may be assessed a civil penalty of not more than seventy thousand dollars for each violation.
(b) Any employer who has received a citation for a serious violation of an occupational safety or health rule or regulation promulgated pursuant to this article may be assessed a civil penalty of up to not more than seven thousand dollars for each such violation.
(c) Any employer who has received a citation for a violation of an occupational safety or health rule or regulation or order promulgated pursuant to this article, and such the violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of up to not more than seven thousand dollars for each such violation.
(d) Any employer who fails to correct a violation for which a citation has been issued under Section 41-15-280 within the period permitted for its correction (which period shall does not begin to run until the date of the final order of the commissioner director in the case of any review proceeding initiated by the employer in good faith and not solely for delay or avoidance of penalties), may be assessed a civil penalty of not more than seven thousand dollars for each day during which such the failure or violation continues.
(e) Any employer who wilfully violates any occupational safety or health rule or regulation promulgated pursuant to this article and that violation causes death to any employee shall be deemed is guilty of a misdemeanor and, upon conviction, must be punished by a fine of fined not more than ten thousand dollars or by imprisonment for imprisoned not more than six months, or by both; except that. However, if the conviction is for a violation committed after a first conviction of such the person, punishment shall he must be by a fine of fined not more than twenty thousand dollars or by imprisonment for imprisoned not more than one year, or by both.
(f) Any employer who violates any of the posting requirements, as prescribed under the provisions of this article, may be assessed a civil penalty of up to seven thousand dollars for each violation.
(g) Any person who gives advance notice of any inspection to be conducted under this article, without authority from the Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee, shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be punished by a fine of fined not more than one thousand dollars or by imprisonment for imprisoned not more than six months, or both.
(h) Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this article shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be punished by a fine of fined not more than ten thousand dollars or by imprisonment for imprisoned not more than six months, or both.
(i) For the purposes of this section, an occupational safety or health rule or regulation shall be is deemed to be a rule or regulation promulgated by the Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee pursuant to Section 41-15-210 which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes necessary or appropriate to provide safe or healthful employment and places of employment.
(j) For the purposes of this section, a serious violation shall be deemed to exist exists in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such the place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.
(k) Except for items subsections (e), (g), and (h) which establishes establish a misdemeanor over which the courts of general sessions have jurisdiction, all penalty assessments shall must be made by the Commissioner director.
(l) Any amounts collected under this section shall must be turned over to the State Treasurer for deposit in the general fund of the State."
SECTION 159. Section 41-15-520 of the 1976 Code is amended to read:
"Section 41-15-520. Any employee believing that he has been discharged or otherwise discriminated against by any person in violation of Section 41-15-510 may, within thirty days after such the violation occurs, may file a complaint with the Commission Division of Labor of the Department of Labor, Licensing, and Regulation alleging such the discrimination. Upon receipt of such the complaint, the Commissioner Director of the Department of Labor, Licensing, and Regulation or his designee shall cause investigation to be made as he deems considers appropriate. If upon such investigation the Commissioner director determines that the provisions of Section 41-15-510 have been violated, he shall institute an action in the appropriate court of common pleas against such the person. In any such the action the court of common pleas shall have has jurisdiction for cause shown to restrain violations of Section 41-15-510 and shall order all appropriate relief including rehiring or reinstatement of employee to his former position with back pay."
SECTION 160. Section 41-16-20 (3), (4), (13), (14), (15), and (16) of the 1976 Code are amended to read:
"(3) `Department Division' means the South Carolina Department Division of Labor of the Department of Labor, Licensing, and Regulation.
(4) `Commissioner Director' means the Commissioner of the South Carolina Department of Labor or his designee or representative Director of the Department of Labor, Licensing, and Regulation or his designee.
(13) `New installation' means a facility, the construction or relocation of which is begun, or for which an application for a new installation permit is filed, on or after the effective date of regulations relating to those permits adopted by the commissioner director under authority of this chapter. All other installations are existing installations.
(14) `Inspector' means an inspector employed by the department division for the purpose of administering this chapter.
(15) `Special inspector' means an inspector licensed by the commissioner director and not employed by the department division.
(16) `Provisions of this chapter' include regulations promulgated by the commissioner director pursuant to this chapter."
SECTION 161. Section 41-16-40 of the 1976 Code is amended to read:
"Section 41-16-40. 1. The commissioner Director of the Department of Labor, Licensing, and Regulation or his designee shall promulgate regulations governing maintenance, construction, alteration, and installation of facilities and the inspection and testing of new and existing installations as necessary to provide for the public safety and to protect the public welfare. These regulations include, but are not limited to, regulations providing for:
a. classifications of types of facilities.;
b. maintenance, inspection, testing, and operation of the various classes of facilities.;
c. construction of new facilities.;
d. alteration of existing facilities.;
e. minimum safety requirements for all existing facilities.;
f. control or prevention of access to facilities or dormant facilities.;
g. the reporting of accidents and injuries arising from the use of facilities.;
h. qualifications for obtaining an inspector's license.;
i. the adoption of procedures for the issuance of variances.;
j. the amount of fees charged and collected for inspection, permits, and licenses. Fees must be set at an amount sufficient to cover costs as determined from consideration of the reasonable time required to conduct an inspection, reasonable hourly wages paid to inspectors, and reasonable transportation and similar expenses.
2. Insofar as applicable, regulations adopted for facilities installed after January 1, 1986, must be based on the American National Standard Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, and supplements thereto to it, A.17.1. The commissioner director shall promulgate regulations for facilities installed prior to before January 1, 1986, according to the applicable provisions of the American National Standard Safety Code as he considers necessary. In promulgating regulations the commissioner director may adopt the American National Standard Safety Code, or any part of it, by reference.
3. The commissioner director shall furnish copies of the regulations promulgated by him to any person who requests them, without charge, or upon payment of a charge not to exceed the actual cost of printing of the regulations."
SECTION 162. Section 41-16-50 of the 1976 Code is amended to read:
"Section 41-16-50. The commissioner Director of the Department of Labor, Licensing, and Regulation or his designee is charged with the affirmative duty of administering and enforcing the provisions of this chapter."
SECTION 163. Section 41-16-60 of the 1976 Code is amended to read:
"Section 41-16-60. Within three months after the date of promulgation of regulations under this chapter relating to registration of facilities, the owner of every existing facility, whether or not dormant, shall register each facility with the commissioner Director of the Department of Labor, Licensing, and Regulation or his designee, giving type, contract load and speed, name of manufacturer, its location, and the purpose for which it is used and any other information the commissioner director may require. Registration must be made on a form to be furnished by the department division upon request. Facilities, the construction of which are commenced subsequent to the date of promulgation of those regulations, must be registered in the manner prescribed by the commissioner director."
SECTION 164. Section 41-16-70 of the 1976 Code is amended to read:
"Section 41-16-70. All new and existing facilities, except dormant facilities, must be tested and inspected in accordance with the following schedule:
1. Every new or altered facility must be inspected and tested before the operating permit is issued.
2. Every existing facility registered with the commissioner director must be inspected within one year after the effective date of the registration, except that the commissioner director may, at his discretion, may extend by regulation the time specified for making inspections.
3. Every facility must be inspected not less frequently than at least annually, except that the commissioner director may adopt regulations providing for inspections of facilities at intervals other than annually.
4. The inspections required by items 1 to 3 of this section must be made only by inspectors or special inspectors. An inspection by a special inspector may be accepted by the commissioner director in lieu of a required inspection by an inspector.
5. A report of every inspection must be filed with the commissioner director by the inspector or special inspector, on a form approved by and containing all information required by the commissioner director, after the inspection has been completed and within the time provided by regulation, but not to exceed thirty days. The report shall must include all information required by the commissioner director to determine whether the owner of the facility has complied with applicable regulations. For the inspection required by item 1, the report shall must indicate whether the facility has been installed in accordance with the detailed plans and specifications approved by the commissioner director and meets the requirements of the applicable regulations.
6. In addition to the inspections required by items 1 to 3, the commissioner director may provide by regulation for additional inspections he considers necessary to enforce the provisions of this chapter."
SECTION 165. Section 41-16-80 of the 1976 Code is amended to read:
"Section 41-16-80. On and after the effective date of regulations relating to alterations, detailed plans of each facility to be altered must be submitted to the commissioner director, together with an application for an alteration permit, on forms to be furnished or approved by the commissioner director. Repairs or replacements necessary for normal maintenance are not alterations and may be made on existing installations with parts equivalent in material, strength, and design to those replaced, and no plans or specifications or application need be filed for the repairs or replacements. However, nothing in this section authorizes the use of any facility contrary to an order issued pursuant to Section 41-16-110."
SECTION 166. Section 41-16-90 of the 1976 Code is amended to read:
"Section 41-16-90. A permit must be issued by the commissioner director before construction on a new installation is begun. The department division shall issue a permit for relocation or installation, as applicable, if the plans and specifications indicate compliance with applicable regulations.
If the plans and specifications indicate a failure of compliance with applicable regulations, the department division shall give notice of necessary changes to the person filing the application. After the changes have been made and approved, the department division shall issue a permit.
Plans must be submitted in triplicate and must be accompanied by an application for the permit on a form to be furnished by the commissioner director. The plans shall must include:
1. sectional plan of car and hoistway.;
2. sectional plan of machine room.;
3. sectional elevation of hoistway and machine room, including the pit, bottom, and top clearance of car, and counterweight.;
4. size and weight of guide rails, and guide rail bracket spacing.;
5. other information which the department division may require."
SECTION 167. Section 41-16-100 of the 1976 Code, as last amended by Act 102 of 1993, is further amended to read:
"Section 41-16-100. Operating certificates must be issued by the commissioner Director of the Department of Labor, Licensing and Regulation to the owner of every facility when the inspection report indicates compliance with the applicable provisions of this chapter. However, no certificates may be issued if the fees required by Section 41-16-140 have not been paid. Certificates must be issued within thirty days after determination by the department division that all deficiencies found upon inspection have been corrected and all fees have been paid. No facility may be operated after the thirty days or after any extension granted by the commissioner director has expired, unless an operating certificate has been issued.
The operating certificate shall must indicate the type of equipment for which it is issued and, in the case of elevators, shall must state whether passenger or freight, and also shall state the contract load and speed for each facility. The certificate must be posted conspicuously in the car of an elevator or on or near a dumbwaiter, escalator, moving walk, handicap lift, or manlift."
SECTION 168. Section 41-16-110 of the 1976 Code, as last amended by Act 102 of 1993, is further amended to read:
"Section 41-16-110. If the commissioner Director of the Department of Labor, Licensing, and Regulation has reason to believe that the continued operation of a facility constitutes an imminent danger which could reasonably could be expected to injure seriously or cause death to members of the public, the commissioner director may apply to the circuit court in the county in which the imminently dangerous condition exists for a temporary order for the purpose of enjoining the imminently dangerous facility. Upon hearing, if considered appropriate by the court, a permanent injunction may be issued to ensure that the imminently dangerous facility be prevented or controlled. Upon the elimination or rectification of the imminently dangerous condition, the temporary or permanent injunction must be vacated."
SECTION 169. Section 41-16-120 of the 1976 Code is amended to read:
"Section 41-16-120. The commissioner director, pursuant to regulation, may grant exceptions and variances from the requirements of regulations promulgated for any facility. Exceptions or variances must be reasonably related to the age of the facility and may be conditioned upon a repair or modification of the facility considered necessary by the commissioner director to assure reasonable safety. However, no exception or variance may be granted except to prevent undue hardship. These facilities are subject to orders issued pursuant to Section 41-16-110."
SECTION 170. Section 41-16-130 of the 1976 Code is amended to read:
"Section 41-16-130. Every owner of a facility subject to regulation by this chapter shall grant access to that facility to the commissioner director and department division personnel administering the provisions of this chapter. Inspections must be permitted at reasonable times, with or without prior notice."
SECTION 171. Section 41-16-140 of the 1976 Code is amended to read:
Section 41-16-140. The commissioner director shall promulgate regulations to charge and collect fees for inspection, permits, and licenses. Fees may be set by regulation not more than once each year. Fees established by the commissioner director must be based upon the costs of administering the provisions of this chapter and shall must give due regard to the time spent by department division personnel in performing duties and to any travel expenses incurred."
SECTION 172. Section 41-16-150 of the 1976 Code is amended to read:
"Section 41-16-150. Every facility must be maintained by the owner in a safe operating condition and in conformity with the regulations promulgated by the commissioner director."
SECTION 173. Section 41-16-160 of the 1976 Code is amended to read:
"Section 41-16-160. No political subdivision may make or maintain any ordinance, bylaw, or resolution providing for the licensing of special inspectors. Any ordinance, bylaw, or resolution relating to the inspection, construction, installation, alteration, maintenance, or operation of facilities within the limits of the political subdivision, which conflicts with this chapter or with regulations promulgated by the commissioner director, is void. The commissioner, director in his discretion, may accept inspections by local authorities in lieu of inspections required by Section 41-16-70, but only upon a showing by the local authority that applicable laws and regulations will be consistently and literally will be enforced and that inspections will be performed by special inspectors."
SECTION 174. Section 41-16-180 of the 1976 Code, as last amended by Act 102 of 1993, is further amended to read:
"Section 41-16-180. 1. Any owner, operator, or management company who fails to register a facility as required by Section 41-16-60 may be assessed a civil penalty of not more than five hundred dollars for each facility not registered.
2. Any owner, operator, or management company who fails to correct a violation of any safety standard promulgated pursuant to this chapter after being given written notice by the commissioner Director of Labor, Licensing, and Regulation or his designee of the standard and of the time set for its correction may be assessed a civil penalty of not more than one thousand dollars for each such violation.
3. Any owner, operator, or installation contractor who begins alteration, relocation, or installation of a facility before permits are issued pursuant to Sections 41-16-80 or 41-16-90 may be assessed a civil penalty of not more than two times the applicable permit fee.
4. Any owner, operator, or management company who fails to report an accident which results in serious injury to any person other than an employee of the owner or operator may be assessed a civil penalty of not more than one thousand dollars.
5. Any owner, operator, or management company who operates a facility after an order of the commissioner director declaring that facility dormant, temporarily decommissioned, or otherwise ineligible for an operating permit may be assessed a civil penalty of not more than two thousand dollars for each such violation.
6. All amounts collected under this section must be turned over to the State Treasurer for deposit in the general fund of the State.
7. Any owner, operator, management company, or contractor affected or aggrieved by any:
(a) any act of the commissioner director,
(b) any citation issued by the commissioner director,
(c) any penalty assessed by the commissioner director, or
(d) any abatement period set by the commissioner director may petition the commissioner director within thirty days of notice of the act complained of for administrative review. The provisions of Article II III (Administrative Procedures) of Act 176 of 1977 Chapter 23 of Title 1, as amended, shall govern contested cases of this nature."
SECTION 175. Section 41-17-10 of the 1976 Code is amended to read:
"Section 41-17-10. The Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee or his agents shall:
(a) investigate industrial disputes or strikes or lockouts arising between employer and employees or capital and labor,;
(b) ascertain, as near as may be, the cause or causes of such the industrial disputes or strikes or lockouts,;
(c) make a finding of fact in respect thereto, to them;
(d) endeavor, as far as possible, to remove misunderstandings or differences and to induce both sides to such an industrial dispute or strike or lockout to arrive at an agreement,;
(e) nominate, appoint, or act as arbitrators when so requested by both sides to such a the controversy and;
(f) in general, remove as far as possible the causes for industrial disputes or strikes or lockouts and induce an amicable settlement of them.
Unless the Commissioner director or his agents find it inadvisable so to do the finding of fact of the Commissioner director or his agents as to all such disputes shall must be reported to the Governor as soon as practicable in each case and annually to the General Assembly."
SECTION 176. Section 41-17-20 of the 1976 Code, is amended to read:
"Section 41-17-20. When the Commissioner director or his agents shall fail to induce both sides of such an industrial dispute or strike or lockout to arrive at an agreement, the Commissioner he may appoint a committee of three as follows: one from capital, one from labor, and one at large. The Commissioner director shall be is ex officio chairman of such the committee. The duties of the committee shall be are the same as those prescribed for the Commissioner director in Section 41-17-10."
SECTION 177. Section 41-17-40 of the 1976 Code is amended to read:
"Section 41-17-40. The Commissioner of Labor director or his agents may summon and examine in public or in executive session any person concerned in any such a strike or lockout or industrial dispute or any other person within the State and may compel them to testify."
SECTION 178. Section 41-17-50 of the 1976 Code is amended to read:
"Section 41-17-50. The Commissioner of Labor director or his agents may compel the production of books or documents relating to questions in dispute;, inspect property with respect to which there is a dispute with relation to an industrial dispute or strikes or lockout;, examine into working conditions and sanitary conditions;, and at all times have access to any property or premises necessary to any such inspection."
SECTION 179. Section 41-17-60 of the 1976 Code is amended to read:
"Section 41-17-60. The Commissioner of Labor director or his agents can be called into session and into the performance of their duties and functions under this chapter by the Governor."
SECTION 180. Section 41-17-70 of the 1976 Code is amended to read:
"Section 41-17-70. Any person that who hinders or obstructs the Commissioner of Labor director or his agents in the full and free performance of their duties under this chapter shall be is guilty of a misdemeanor for each and every such offense and, upon conviction, in a court of competent jurisdiction shall must be fined not less than twenty-five dollars, nor more than one hundred dollars or sentenced to serve imprisoned not more than thirty days upon the county chain gang."
SECTION 181. Section 41-18-40 (3), (11), and (12), of the 1976 Code, as last amended by Act 144 of 1993, are further amended to read:
"(3) `Commissioner Director' means the Commissioner of the South Carolina Department of Labor or his designee or representative Director of the Department of Labor, Licensing, and Regulation or his designee.
(11) `Department Division' means the South Carolina Department of Labor Division of Labor of the Department of Labor, Licensing, and Regulation.
(12) `Special inspector' means an inspector licensed by the commissioner director and not employed by the department division."
SECTION 182. Section 41-18-50 of the 1976 Code is amended to read:
"Section 41-18-50. No amusement device may be operated in the State without a permit issued by the commissioner director. The permits are not transferable, and if any permit holder voluntarily discontinues operation of the amusement device, all rights secured under the permit are terminated."
SECTION 183. Section 41-18-60 of the 1976 Code, as last amended by Act 144 of 1993, is further amended to read:
"Section 41-18-60. 1. Before commencement of the operation of a permanent or temporary device, the owner or lessee shall make written application to the commissioner director for a permit to operate. The permit is valid for a period of up to one year expiring on December thirty-first of the year issued.
2. No temporary device may be used at any time or location unless prior notice of intent to use same it has been given to the commissioner director. Notice of planned schedules shall must:
(a) be in writing,;
(b) identify the temporary device,;
(c) state the intended dates and locations of use,;
(d) be mailed to the commissioner director at least seven days before the first intended date of use;.
However, except the commissioner director may, in his discretion, may waive these requirements.
3. A permit to operate must be issued to the owner or lessee of an amusement device when:
(a) written application has been made to the commissioner;
(b) the amusement device has passed all required inspections;
(c) the liability insurance required by Section 41-18-90 has been met in the amount prescribed.
4. The commissioner director may revoke any permit issued pursuant to this chapter if it is determined that an amusement device is:
(a) being operated without the inspections required by Sections 41-18-70 and 41-18-80; or
(b) being operated without the insurance required by Section 41-18-90; or
(c) being operated with a mechanical, electrical, structural, design, or other defect which presents an excessive risk of serious injury to passengers, bystanders, operators, or attendants; or
(d) being operated without the required documentation or paperwork; or
(e) being operated in a manner contrary to the operating fact sheets.
5. Any other violation of the provisions of this chapter may result in a revocation, if written notice of noncompliance is served upon the owner specifying any violation of the provisions of this chapter and directing the owner to correct the violations within the period specified by the commissioner director. In the event If the owner and the department division fail to agree that the violations referred to herein have in fact been corrected, then the department division shall give notice of and provide a hearing for the owner to determine whether compliance has in fact been met. The provisions of Article II III (Administrative Procedures) of Act 176 of 1977 Chapter 23 of Title 1, as amended, shall govern contested cases of this nature and any other contested cases arising under the provisions of this chapter.
6. Nothing in this chapter prevents an owner whose permit to operate an amusement device has been revoked pursuant to this section from reapplying for a permit in accordance with this chapter, except as otherwise specifically provided in this chapter. Upon application to have a revoked permit reinstated under this section, the department division shall inspect the amusement ride in question as promptly as practicable, but in no case more than seventy-two hours after the submission of the application."
SECTION 184. Section 41-18-70 of the 1976 Code, as last amended by Act 144 of 1993, is further amended to read:
"Section 41-18-70. Before a permit may be issued as provided in Sections 41-18-50 and 41-18-60, an inspection of the amusement device must be made in compliance with the procedures set by the commissioner director. The inspection must have been conducted within one month prior to before the permit application, unless the period is extended by operation of subsection 5 of Section 41-18-80(5)."
SECTION 185. Section 41-18-80 of the 1976 Code, as last amended by Act 144 of 1993, is further amended to read:
"Section 41-18-80. (1) In the case of a permanent device, the amusement device must be inspected by the commissioner director or special inspector. Thereafter, As a requirement for the issuance of each subsequent permit, the amusement device must be inspected at least annually by the commissioner director or by a special inspector. The inspection shall at minimum must comply with the requirements of the commissioner director. An affidavit of the annual inspection must be filed with the commissioner director.
(2) In the case of a temporary device, before first operation in the State each year, the amusement device must be inspected by the commissioner director or special inspector for the permit to be issued. Thereafter After that time, the amusement device must be inspected at least annually by the commissioner director or a special inspector. The inspection must at minimum must comply with the requirements of the commissioner director. An affidavit of the annual inspection must be filed with the commissioner director.
(3) In the case of an amusement device which is substantially rebuilt or substantially modified so as to change the structure, mechanism, or capacity of the device, the owner or lessee shall give written notice to the commissioner director who shall cause the device to be inspected prior before to the time in which it is put into operation and who shall cause any current permit to be updated so as to include any modifications made to the device.
(4) In the event If an operator is unable to secure an inspection within one year from the date of the previous inspection, the previous inspection is considered valid for purposes of this chapter for a period of thirty additional days, if the operator made an inspection request to any of those individuals qualified to make the inspection at least sixty days prior to before the permit expiration date.
(5) Upon proper presentation of credentials, the commissioner director or his inspectors may enter unannounced and inspect amusement devices, at reasonable times and in a reasonable manner and have the right to question any owner, manager, or agent of the owner, to inspect, investigate, photograph, and sample all pertinent places, areas, and devices, and to examine and reproduce all pertinent documents and records for the purpose of enforcing the provisions of this chapter. No fee may be charged for these unannounced inspections.
(6) No amusement device which fails to pass an inspection may be operated for public use until it has passed a subsequent inspection.
(7) Each sponsor of a fair or carnival and the owner of the land or their designees, upon which the fair or carnival is located, shall make a visual inspection of each amusement device at least once each week during the period the fair or carnival is operating. The commissioner director shall provide a checklist for this inspection. If an unsafe amusement device or condition is discovered, it must be reported immediately reported to the commissioner director.
(8) A special inspector shall must have the following qualifications:
(a)(1) at least five years' experience in amusement device maintenance and safety, and completion of approved courses in materials inspection and testing and in fasteners, or in the alternative,;
(2) a four-year college degree in engineering or architecture with a minimum of twelve semester hours of course work in the area of mechanics and strength of materials.
(b) Evidence of successful completion of an approved Rides Safety Inspection Course within the previous two calendar years."
SECTION 186. Section 41-18-100 of the 1976 Code, as last amended by Act 144 of 1993, is further amended to read:
"Section 41-18-100. 1. The owner or amusement ride operator may deny any person entrance to the amusement ride based on the person's size, weight, or physical condition if the owner or amusement ride operator believes the entry may jeopardize the safety of the person desiring entry, riders, or other persons. Denial may must not be based on color, race, sex, religion, or national origin.
2. The owner or lessee of any amusement device which, during the course of its operation, is involved in an accident which results in a serious injury shall report the injury to the owner's or lessee's insurer.
3. The owner or lessee of any amusement device which, during the course of its operation, is involved in an accident which results in a serious injury shall report the injury to the commissioner director immediately and in no case later than the close of business of the commissioner's director's next business day. Any owner or lessee who becomes aware at a later date that a serious injury had occurred shall report it immediately and in no case later than the end of the next business day.
4. When a catastrophic accident occurs involving the operation of an amusement device, the owner or lessee shall immediately shall shut down the device from further use. The device may not resume operation until the safety coordinator determines that the catastrophic accident was not caused by a mechanical or structural defect in the amusement device.
5. If the safety coordinator determines that a catastrophic accident was caused by a mechanical failure or structural defect, the device must remain shut down until repairs are completed and the device is considered operational by a licensed architect, professional engineer, qualified inspector of an insurance underwriter, or other qualified inspector, each of whom must be approved by the commissioner director. An affidavit of the inspection and correction of defect must be filed with the commissioner director."
SECTION 187. Section 41-18-110 of the 1976 Code, as last amended by Act 144 of 1993, is further amended to read:
"Section 41-18-110. Upon request, the commissioner director shall furnish to all owners, lessees, and operators of amusement devices notice of all rights and obligations under the provisions of this chapter upon receipt of permit applications."
SECTION 188. Section 41-18-120 of the 1976 Code, as last amended by Act 514 of 1986, is further amended to read:
"Section 41-18-120. The commissioner director may promulgate regulations consistent with this chapter guarding against personal injuries in the assembly, disassembly, and use of amusement devices at carnivals, fairs, and amusement parks to persons employed at or to persons attending the carnivals, fairs, and amusement parks and regarding enforcement of any other provision of this chapter. The commissioner director shall promulgate regulations to charge and collect reasonable fees for permits and for inspections and any other activity under the provisions of this chapter as considered necessary by the commissioner director for the proper enforcement of the provisions of this chapter. Fees may be set by regulation not more than once each year."
SECTION 189. Section 41-18-130 of the 1976 Code is amended to read:
"Section 41-18-130. The commissioner director is charged with the affirmative duty of administering and enforcing the provisions of this chapter."
SECTION 190. Section 41-18-150 of the 1976 Code is amended to read:
"Section 41-18-150. 1. Any person who knowingly and wilfully operates an amusement device without any of the following:
(a) the permit required by Sections 41-18-50 and 41-18-60; or
(b) the inspections required by Sections 41-18-70 and 41-18-80; or
(c) the insurance required by Section 41-18-90;
is subject to a civil penalty not to exceed two thousand dollars for each day the violation continues.
2. Any person who operates an amusement device without any of the following:
(a) the permit required by Sections 41-18-50 and 41-18-60; or
(b) the inspections required by Sections 41-18-70 and 41-18-80; or
(c) the insurance required by Section 41-18-90;
is subject to a civil penalty not to exceed a total of two thousand dollars.
3. The commissioner director may assess the penalties under this section and, in assessing penalties under subsection 1 of this section, shall give due consideration to the appropriateness of the penalty with respect to the size of the owner's or lessee's business, the good faith of the owner or lessee, and his history of previous violation.
4. Revenue derived under this chapter must be remitted to the State Treasurer and deposited by him in the general fund."
SECTION 191. Section 41-21-20 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 41-21-20. There is hereby created within the South Carolina Department Division of Labor, the Division Subdivision of Apprenticeship to administer the South Carolina Voluntary Apprenticeship Act. The Division Subdivision shall must be governed by an Apprenticeship Council composed of three employers and three employees appointed by the Governor upon the advice and consent of the Senate and, in addition, the Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee, who shall serve ex officio. The Commissioner of Labor director shall serve as chairman of the council. The Director of the State Commission for Technical Education and the State Director of Vocational Education shall serve as ex officio nonvoting members of the Council. The terms of office of the members of the Apprenticeship Council first appointed by the Governor shall expire as designated by the Governor at the time of making the appointment; one representative each of employers and employees shall must be appointed for one year; one representative each of employers and employees shall must be appointed for two years; and one representative each of employers and employees shall must be appointed for three years. Thereafter After that time, each member shall must be appointed for a term of three years and until his successor is appointed and qualifies. Vacancies shall must be filed for the unexpired term in the manner of original appointment. Each member of the council, not otherwise compensated by public funds, shall receive per diem, subsistence, and mileage as provided by law for state boards, committees, and commissions for his services when attending to official duties or assignments when funds provided by federal grants are available for this purpose." SECTION 192. Section 41-21-30 of the 1976 Code is amended to read:
"Section 41-21-30. The Apprenticeship Council shall meet at the call of the Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee and shall formulate policies for the effective administration of this chapter. The Apprenticeship Council shall establish standards for apprentice agreements, shall issue such rules and regulations as may be necessary to carry out the intent and purpose of this chapter, and shall perform such other functions as the Commissioner director may direct."
SECTION 193. Section 41-21-40 of the 1976 Code is amended to read:
"Section 41-21-40. The Commissioner of Labor director, with the advice and guidance of the Apprenticeship Council, is authorized to:
(1) administer the provisions of this chapter;
(2) in cooperation with the Apprenticeship Council and local apprenticeship committees, to set up conditions and training standards for apprentice agreements, which conditions or standards shall must be in no case lower than those prescribed by this chapter;. The State Apprenticeship Council shall approve any apprentice agreement which meets the standards established under this chapter;
(3) to terminate or cancel any apprentice agreement in accordance with the provisions of such the agreement;
(4) to keep a record of apprentice agreements and their disposition;
(5) to issue certificates of completion of apprenticeship; and
(6) to perform such other duties as are necessary to carry out the intent of this chapter, including other on-job training necessary for emergency and critical civilian production; provided, that. However, the administration and supervision of related and supplemental instruction for apprentices, coordination of instruction with job experiences, and the selection and training of teachers and coordinators for such instruction shall be are the responsibility of the appropriate educational agencies."
SECTION 194. Section 41-21-70 of the 1976 Code is amended to read:
"Section 41-21-70. Every apprentice agreement entered into under this chapter shall must contain:
(1) the names of the contracting parties;
(2) the date of birth of the apprentice;
(3) a statement of the trade, craft, or business which the apprentice is to be taught, and the time at which the apprenticeship will begin and end;
(4) a statement showing the number of hours to be spent by the apprentice in work and the number of hours to be spent in related and supplemental instruction, which instruction shall must be not less than one hundred forty-four hours per a year; provided, that. However, in no case shall may the combined weekly hours of work and of required related and supplemental instruction of the apprentice exceed the maximum number of hours of work prescribed by law for a person of the age and sex of the apprentice;
(5) a statement setting forth a schedule of the processes in the trade or industry division in which the apprentice is to be taught and the approximate time to be spent at each process;
(6) a statement of the graduated scale of wages to be paid the apprentice and whether the required school time shall must be compensated; provided,. However, the apprentice shall receive compensation which shall must not be less than the minimum wage prescribed by the Federal Fair Labor Standards Act;
(7) a statement providing for a period of probation of not more than five hundred hours of employment and instruction extending over not more than four months, during which time the apprentice agreement shall must be terminated by the Commissioner director at the request in writing of either party, and providing that after such the probationary period the apprenticeship agreement may be terminated by mutual agreement of all parties thereto, to it or canceled for good and sufficient reason. The council, at the request of an apprentice committee, may lengthen the period of probation;
(8) a provision that all controversies or differences concerning the apprentice agreement which cannot be adjusted locally shall must be submitted to the council for determination;
(9) a provision that an employer who is unable to fill his obligation under the apprentice agreement may, with the approval of the Commissioner director, may transfer such the contract to any other employer; provided, that. However, the apprentice consents shall consent and that such the other employer agrees shall agree to assume the obligations of the apprentice agreement;
(10) Such the additional terms and conditions as may be prescribed or approved by the Commissioner director, not inconsistent with the provisions of this chapter." SECTION 195. Section 41-21-80 of the 1976 Code is amended to read:
"Section 41-21-80. No apprentice agreement under this chapter shall be is effective until approved by the Commissioner director. Every apprentice agreement shall must be signed by the employer, or by an association of employers or an organization of employees and by the apprentice and, if the apprentice is a minor, by the minor's father; provided, that. However, if the father be is dead or legally incapable of giving consent, then it must be signed by the guardian of the minor. Where a minor enters into an apprentice agreement under this chapter for a period of training extending into his majority, the apprentice agreement shall is likewise be binding for such a the period as may be covered during the apprentice's majority."
SECTION 196. Section 41-21-100 of the 1976 Code is amended to read:
"Section 41-21-100. Nothing in this chapter or in any apprentice agreement approved under this chapter shall operate to invalidate invalidates any apprenticeship provision in any collective agreement between employers and employees, setting up higher apprenticeship standards; provided, that. However, none of the terms or provisions of this chapter shall apply to any person or craft unless, until and only so long as such the person or craft voluntarily elects that the terms and provisions of this chapter shall apply. Provided, further, No person whether presently employed or seeking employment shall, in any manner, may be forced or coerced into entering into any apprenticeship training program provided for under this chapter. Any person violating the provisions of this section shall be is guilty of a misdemeanor and, upon conviction, shall be subject to a fine of must be fined one hundred dollars. Each day's violation shall constitute constitutes a separate offense. Any person or craft terminating an apprenticeship agreement shall notify the Commissioner of Labor director."
SECTION 197. Section 41-25-110 of the 1976 Code is amended to read:
"Section 41-25-110. The provisions of this chapter may be enforced by any state agency having jurisdiction and authority to enforce this chapter, including, but not limited to:
(a) Secretary of State;
(b) Department Division of Labor of the Department of Labor, Licensing, and Regulation;
(c) Attorney General;
(d) Department of Consumer Affairs;
(e) South Carolina Law Enforcement Division;
(f) circuit solicitors;
(g) local law enforcement agencies;
(h) any person who has been damaged by or has knowledge of any violation of the provisions of this chapter."
SECTION 198. The first paragraph of Section 41-43-40 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"The Governor shall appoint, upon the advice and consent of the Senate, one director from each congressional district and one from the State at large, who serves as chairman. Directors must have experience in the fields of business, commerce, finance, banking, real estate, or foreign trade. At least two directors must have direct commercial lending experience. The Governor and the Chairman Director of the State Development Board Department of Commerce shall serve ex officio and may designate persons to represent them at meetings of the authority."
SECTION 199. The last paragraph of Section 41-43-190(A) of the 1976 Code is amended to read:
"In developing and implementing the programs described in this section, the authority may consider the advice and counsel of the Governor's Export Advisory Committee, created by executive order as an adjunct to the Division of State Development of the Department of Commerce Board or any a successor thereto to it, and allocate available resources in a manner as will ensure that priority consideration is given to the needs of small and medium size businesses."
SECTION 200. Section 41-44-90 of the 1976 Code, as last amended by Act 505 of 1990, is further amended to read:
"Section 41-44-90. To receive the credit provided by this chapter, a taxpayer shall:
(1) claim the credit on the taxpayer's annual state income or premium tax return in the manner prescribed by the appropriate commission department; and
(2) file with the appropriate commission department and with the taxpayer's annual state income or premium tax return a copy of the form issued by the corporation as to the qualified investment by the taxpayer, which includes an undertaking by the taxpayer to report to the appropriate commission department any redemption of the qualified investment within the meaning of Section 41-44-80."
SECTION 201. Section 42-5-60 of the 1976 Code is amended to read:
"Section 42-5-60. Every policy for the insurance of the compensation provided in this title or against liability therefor shall be deemed to be made is subject to provisions of this title. No corporation, association, or organization shall may enter into any such a policy of insurance unless its form shall have has been approved by the Chief Insurance Commissioner of South Carolina the Department of Insurance or his designee."
SECTION 202. Section 43-1-115 of the 1976 Code, as added by Act 101 of 1993, is amended to read:
"Section 43-1-115. The State Department shall conduct, at least once every two years, a detailed performance audit, which must include, but is not limited to, the child protective services and foster care programs of every local county office. The department shall use a sample size that will ensure the results of the audit to be within a ninety percent confidence level. The department shall prepare a full and detailed report of its findings and include any proposals to rectify any deficiencies noted. The State Department shall submit, within ninety calendar days of the completion of the county performance audit review, a copy of its final report to the Governor, Lieutenant Governor, members of the respective county legislative delegations, the Joint Legislative Committee on Children and Families, and the County Advisory Board of Social Services. The final and all draft audit reports are public information and upon request must be provided to any a member of the public within the time period set forth by the Freedom of Information Act. As public information, the State Department also shall also submit two copies of the final report to the State Library and one copy of the final report to any a public library within the county reviewed. The failure of the State Department to conduct the required biennial performance audits of any a county office is considered nonfeasance in office by the State Commission director of the department, is cause for the commissioner's director's removal, and subjects the commissioner director to the penalties for nonfeasance."
SECTION 203. Section 43-5-150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 43-5-150. In the event an application is denied or the amount or terms of a grant or of any withdrawal or modification thereof be deemed inadequate or unjust by the applicant or recipient, the applicant or recipient or anyone acting in his behalf may demand a review of his case before the department by filing his written request for such review with the county department not more than sixty days after notice of its action shall have been received. The county department shall, within ten days, certify its records and data on the case and such additional information as it deems considers relevant to the department. The department shall promptly grant to the applicant or recipient an opportunity for a fair hearing upon the questions raised by the applicant or recipient. At this hearing any party in interest may appear and present any relevant facts. The department shall produce such further evidence as it may deem consider necessary and shall certify its findings and decision on the case back to the county department concerned. Appeals from the decision of the department may be made to an administrative hearing examiner administrative law judge pursuant to the Administrative Procedures Act."
SECTION 204. Section 43-7-410 (B) and (C) of the 1976 Code are amended to read:
"(B) "Commission" means the State Health and Human Services Finance Commission. `Department' means the South Carolina Department of Health and Human Services, unless the context clearly indicates otherwise.
(C) `Medicaid' means the medical assistance program authorized by Title XIX of the Social Security Act and administered by the State Health and Human Services Finance Commission South Carolina Department of Health and Human Services."
SECTION 205. Section 43-7-420 of the 1976 Code is amended to read:
"Section 43-7-420. (A) Every The applicant or recipient, only to the extent of the amount of the medical assistance paid by Medicaid, shall be is deemed considered to have assigned his rights to recover such amounts so paid by Medicaid from any a third party or private insurer to the State Health and Human Services Finance Commission department. This assignment shall does not include rights to Medicare benefits. The applicant or recipient shall cooperate fully with the State Health and Human Services Finance Commission department in its efforts to enforce its assignment rights.
(B) An The applicant's and recipient's determination of, and continued eligibility for, medical assistance under Medicaid is contingent upon his cooperation with the Commission department in its efforts to enforce its assignment rights. Cooperation includes, but is not limited to, reimbursing the Commission department from proceeds or payments received by the applicant or recipient from any a third party or private insurer.
(C) Every The applicant or recipient is considered to have authorized all persons, including insurance companies and providers of medical care, to release to the Commission department all information needed to enforce the assignment rights of the Commission department."
SECTION 206. Section 43-7-430 of the 1976 Code is amended to read:
"Section 43-7-430. (A) The State Health and Human Services Finance Commission department shall be is automatically subrogated, only to the extent of the amount of medical assistance paid by Medicaid, to the rights an the applicant or recipient may have to recover such amounts so paid by Medicaid from any a third party or private insurer. The applicant or recipient shall cooperate fully with the State Health and Human Services Finance Commission department and shall do nothing after medical assistance is provided to prejudice the subrogation rights of the State Health and Human Services Finance Commission department.
(B) An The applicant's and recipient's determination of, and continued eligibility for, medical assistance under Medicaid is contingent upon his cooperation with the Commission department in its efforts to enforce its subrogation rights. Cooperation includes, but is not limited to, reimbursing the Commission department from proceeds or payments received by the recipient from any a third party or private insurer.
(C) Every The applicant or recipient is considered to have authorized all persons, including insurance companies and providers of medical care, to release to the Commission department all information needed to enforce the subrogation rights of the Commission department."
SECTION 207. Section 43-7-440 of the 1976 Code is amended to read:
"Section 43-7-440. (A) Commission The department, to enforce its assignment or subrogation rights, may take any one, or any combination of, the following actions:
(1) intervene or join in an action or proceeding brought by the applicant or recipient against any a third party, or private insurer, in state or federal court.;
(2) commence and prosecute legal proceedings against any a third party or private insurer who may be liable to any applicant or recipient in state or federal court, either alone or in conjunction with the applicant or recipient, his guardian, personal representative of his estate, dependents, or survivors;
(3) commence and prosecute legal proceedings against any a third party or private insurer who may be liable to an applicant or recipient, or his guardian, personal representative of his estate, dependents, or survivors;
(4) commence and prosecute legal proceedings against any applicant or recipient;
(5) settle and compromise any an amount due to the State Health and Human Services Finance Commission department under its assignment and subrogation rights. Provided, further, any A representative or an attorney retained by an applicant or recipient shall is not be considered liable to State Health and Human Services Finance Commission the department for improper settlement, compromise, or disbursement of funds unless he has written notice of State Health and Human Services Finance Commission's the department's assignment and subrogation rights prior to before disbursement of funds;
(6) reduce any amount due to the State Health and Human Services Finance Commission department by twenty-five percent if the applicant or recipient has retained an attorney to pursue the applicant's or recipient's claim against a third party or private insurer, that amount to represent the State Health and Human Services Finance Commission's department's share of attorney's fees paid by the applicant or recipient. Additionally, the State Health and Human Services Finance Commission department may, in its discretion, may share in other costs of litigation by reducing the amount due it by a percentage of those costs, the percentage calculated by dividing the amount due the State Health and Human Services Finance Commission department by the total settlement received from the third party or private insurer. Provided, further, any A representative or an attorney retained by an the applicant or recipient shall is not be considered liable to State Health and Human Services Finance Commission the department for improper settlement, compromise, or disbursement of funds unless he has written notice by certified mail of State Health and Human Services Finance Commission's the department's assignment and subrogation rights prior to before disbursement of funds.
(B) Providers and practitioners who participate in the Medicaid program shall cooperate with the Commission department in the identification of third parties whom they have reason to believe may be liable to pay all or part of the medical costs of the injury, disease, or disability of an the applicant or recipient.
(C) Any provision in the contract of a private insurer issued or renewed after June 11, 1986, which denies or reduces benefits because of the eligibility of the insured to receive assistance under Medicaid, is null and void.
(D) The assignment and subrogation rights of the Commission department are superior to any right of reimbursement, subrogation, or indemnity of any a third party or recipient. Provided, further, any A representative or an attorney retained by an the applicant or recipient shall is not be considered liable to State Health and Human Services Finance Commission the department for improper settlement, compromise, or disbursement of funds unless he has written notice of State Health and Human Services Finance Commission's the department's assignment and subrogation rights prior to before disbursement of funds."
SECTION 208. Section 43-21-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 43-21-10. There is created, in the Office of the Governor, the Division on Aging. The division must be supported by an Advisory Commission Council on Aging consisting of one member from each congressional district of the State, to be appointed by the Governor, upon the advice and consent of the Senate and one member from the State at large to be appointed by the Governor of the ten planning and service districts and five members at large. These members shall be nominated to the Division on Aging through a statewide notice of the availability of these advisory appointments. The division director will then submit the nominations to the Governor for appointment with the advice and consent of the Senate. The members must be citizens of the State who have an interest in and a knowledge of the problems of the an aging population. In making appointments to the advisory commission, consideration must be given to mature citizens who are currently providing leadership or are interested in programs for the elderly in the State and also to the diverse problems of aging a mix of younger and older applicants, the able and disabled, and citizens who are active leaders in organizations and institutions that represent the diverse concerns of older citizens and their families. The chairman must be elected by the members of the advisory commission council from its appointive members for a term limit of a two years and until his successor is elected -year term. Members of the commission shall serve without compensation but shall receive such per diem, mileage, and subsistence authorized by law for members of boards, commissions, and committees. The advisory commission council shall meet at least once each quarter and special meetings may be called at the discretion of the director of the division. Standing rules will be developed by the advisory council for governance purposes."
SECTION 209. Section 43-21-130 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 43-21-130. (A) There is created the Long-Term Care Human Services Coordinating Council (council) composed of the following voting members:
(1) the Governor or his designee;
(2) the Director of the Department of Social Services;
(3) the Director of the Department of Health and Environmental Control;
(4) the Director of the Department of Mental Health;
(5) the Director of the Department of Disabilities and Special Needs;
(6) the Director of the Division on Aging;
(7) the Director of the Department of Health and Human Services;
(8) the Chairman of the Joint Legislative Health Care Planning and Oversight Committee, or his designee;
(9) the Chairman of the Joint Legislative Committee on Aging, or his designee;
(10) one representative of each of the following groups appointed by the Governor annually:
(a) long-term care providers;
(b) long-term care consumers;
(c) persons in the insurance industry developing or marketing a long-term care product.
(B) Each director serving as a council member may authorize in writing a designee to vote on his behalf at two meetings a year. Members appointed by the Governor to represent private groups serve without compensation.
(C) The council shall meet at least quarterly, provide for its own officers, and make an annual report to the General Assembly before January second each year. This report must include new council recommendations. (A) The General Assembly finds that the operation of health and human services may be enhanced by closer working relationships among agencies at the state and local level. The General Assembly finds that coordination at both levels provides opportunities to serve the citizens of South Carolina better through (1) continued expansion of services integration and (2) stronger communication among agencies delivering services.
In order to assist in, recommend, develop policy for, and supervise the expenditure of funds for the continuation of service integration in South Carolina, there is created a Human Services Coordinating Council, hereinafter, entitled the council. The council shall consist of:
(1) the chairperson of the boards of the following agencies: Division on Aging, Department of Alcohol and Other Drug Abuse Services, Commission for the Blind, Division of Foster Care, Department of Education, Department of Health and Environmental Control, Department of Health and Human Services, Department of Juvenile Justice, Division of Veterans' Affairs, John De La Howe School, Department of Mental Health, Department of Disabilities and Special Needs, School for the Deaf and the Blind, Department of Social Services, Department of Vocational Rehabilitation, Guardian ad Litem Program, Division of Continuum of Care, Educational Television, Wil Lou Gray Opportunity School, Department of Corrections, Probation, Parole and Pardon Services, and the State Housing Finance and Development Authority.;
These chairpersons shall receive the usual mileage, subsistence, and per diem provided by law for members of committees, boards, and commissions. Mileage, subsistence, and per diem must be paid from the approved accounts of their respective boards or commissions;
(2) the Director or Chief Executive Officer of each of the following: Division on Aging, Department of Alcohol and Other Drug Abuse Services, Commission for the Blind, Division of Foster Care Department of Education, Department of Health and Environmental Control, Department of Health and Human Services, Department of Juvenile Justice, Division of Veterans' Affairs, John De La Howe School, Department of Mental Health, Department of Disabilities and Special Needs, School for the Deaf and the Blind, Department of Social Services, Department of Vocational Rehabilitation, Guardian ad Litem Program, Division of Continuum of Care, Educational Television, Wil Lou Gray Opportunity School, Department of Corrections, Probation, Parole and Pardon Services and the State Housing Finance and Development Authority;
(3) the Governor or his designee;
(4) other such members as the council shall deem appropriate.
(B) The council shall:
(1) select a board chairperson, director or chief executive officer on an annual basis to serve as the council chairperson;
(2) meet regularly to provide an opportunity for collaboration and cooperation among member agencies.
(C) The council shall have as its goals to:
(1) identify and address priority health and human needs and promote the availability of responsive resources;
(2) promote cost-effective, efficient approaches for the delivery of health and human services which include prevention, education, reduction of dependency, promotion of self-sufficiency, and delivery of services in the least restrictive, most appropriate community-based and institutional settings.
(3) provide coordination between the council members and the Department of Health and Human Services in the development of the comprehensive State Health and Human Services Plan;
(4) in cooperation with the Department of Health and Human Services, coordinate and oversee efforts to integrate services information among state agencies and between state and local agencies;
(5) review and monitor service integration efforts begun by the Human Services Integration Projects, and including:
(a) developing standards for case management activities and coordinating with local entities on service integration efforts, and
(b) receiving requests for funding of projects designed to further integration of services, including review and approval of such projects.
(D) Member agencies and departments of the council shall collect and provide client information, including Social Security number, for the Client Masterfile System, and for development and use of a uniform client application database for statistical purposes and for improving human services delivery systems for South Carolinians. For purposes of this subsection, the State, rather than an individual agency, will be the owner of the data. All individual client information submitted by participating agencies or departments will be regarded as confidential; the information collected may not be released, under any circumstances, to entities or individuals outside the Client Masterfile System, State Data Oversight Council, or client application database unless release is made of aggregate statistical information so that no individual client may be identified. No data submitted may be released by the Client Masterfile System except in a format approved by the council. For the purposes of this sub-section only, all state laws, regulations, or any rule of any state agency, department, board, or commission having the effect or force of law that prohibits or is inconsistent with any provision of this subsection is hereby declared inapplicable to this subsection.
Each member agency or department of the council shall be required to take all steps reasonably necessary to effectuate the waiver of federal rules, regulations, or statutes or the elimination of other factors that interfere with collection or use of data by the Client Masterfile System or client application database. Those steps shall include, but not be limited to, the seeking of federal legislation, the negotiation of agreements between the council or State and any federal agency or board, the application for the waiver of any federal rule, regulation or statute, and the seeking of client's permission to share data.
(E) Effective July 1, 1994, the Human Services Coordinating Council shall assume the duties and responsibilities of the Coordinating Council to the Division on Aging and the Long Term Care Council. The Human Services Coordinating Council shall establish a long term care standing committee and include on the committee a representative of the long term care industry, a representative of the insurance industry, and a representative of the general public."
SECTION 210. Section 43-21-150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 43-21-150. The Division on Aging, with the cooperation of the Long Term Care Council Human Services Coordinating Council and the Department of Insurance, shall develop and implement a program to educate citizens concerning:
(a) the availability of long term care services;
(b) the lifetime risk of spending some time in a nursing home;
(c) the coverage available for long term care services through Medicare, Medicaid, and private insurance policies, and the limitations of this coverage; and
(d) the availability of home equity conversion alternatives, such as reverse annuity mortgages and sale-leaseback arrangements, in this State and the risks and benefits of these alternatives. This program must be made a part of the Preretirement Education Program of the South Carolina Retirement Systems."
SECTION 211. Section 43-35-310 A(2), (d), (f), (g), and (h) of the 1976 Code, as added by Act 110 of 1993, are amended to read:
"(2) these members who shall serve ex officio:
(d) Commission Division on Aging in the Office of the Governor, Executive Director, or a designee;
(f) South Carolina Department of Health and Environmental Control, Commissioner Director, or a designee;
(g) State Department of Mental Health, Commissioner Director, or a designee;
(h) South Carolina Department of Mental Retardation Disabilities and Special Needs, Commissioner Director, or a designee;"
SECTION 212. Section 43-35-310 (A)(2)(j), as added by Act 110 of 1993, is amended to read:
"(j) Department of Health and Human Services Finance Commission, Executive Director, or a designee;"
SECTION 213. Section 44-1-50 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 44-1-50. The board may conduct such hearings as may be required by law, as considered necessary by the board, and as necessary to hear appeals from decisions of administrative law judges pursuant to Chapter 23 of Title 1. The board does not have the authority to hear appeals from decisions of the Coastal Zone Management Appellate Panel or the Mining Council. Such The appeals shall must be conducted pursuant to the provisions in Chapter Chapters 20 and 30 39 of Title 48.
The board shall provide for the administrative organization of the department and shall consolidate and merge existing duties, functions, and officers of the former agencies as may be necessary for economic and efficient administration. Provided, However, that the board may appoint such advisory boards as it considers necessary to carry out the functions of Sections 44-1-10 to 44-1-70, and there shall must be provided a compensation for their services as provided by the law for members of boards and commissions."
SECTION 214. The introductory portion of Section 44-2-75(C) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(C) The Department of Insurance may disapprove an application for the formation of an insurance pool and may suspend or withdraw approval whenever he the Department of Insurance finds that the applicant or pool:"
SECTION 215. Section 44-6-5(4) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(4) `Market basket index' means the index used by the federal government on January 1, 1986, to measure the inflation in hospital input prices for Medicare reimbursement. If that measure ceases to be calculated in the same manner, the market basket index must be developed and regulations must be promulgated by the commission department using substantially the same methodology as the federal market basket uses on January 1, 1986. Prior to Before submitting the regulations concerning the index to the General Assembly for approval pursuant to the Administrative Procedures Act, the department shall submit them to the Health Care Planning and Oversight Committee for review."
SECTION 216. The third paragraph of Section 44-6-60 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"The following are ex officio members, without voting rights:
The Chairman, or his designee, of the Joint Appropriations Review Committee,;
The Chairman, or his designee, of the Health Care Planning and Oversight Committee,;
The Chairman of the Statewide Health Coordinating Council,;
The Chairman of the Medical Care Advisory Committee,;
The Chairman of the Social Services Advisory Committee,;
The commissioner Director of the Department of Health and Environmental Control,;
The commissioner Director of the Department of Social Services,;
The commissioner Director of the Department of Mental Health,;
The commissioner Director of the Department of Mental Retardation, Disabilities and Special Needs;
The executive Director of the Commission Division on Aging, in the Office of the Governor;
The Director of the Commission on Department of Alcohol and Other Drug Abuse Services.
The legislative ex officio members may attend all meetings of the commission and shall have access to all records of the commission concerning policy and resource allocation decisions."
SECTION 217. Section 44-6-140(A)(2) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(2) payment on a timely basis to the hospital by the commission department or patient, or both, of the maximum allowable payment amount determined by the commission department; and"
SECTION 218. Section 44-6-146(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(A) Every fiscal year the State Treasurer shall withhold from the portion of the Local Government Fund allotted to the counties a sum equal to fifty cents per capita based on the population of the several counties as shown by the latest official census of the United States. The money withheld by the State Treasurer must be placed to the credit of the commission department and used to provide Title XIX (Medicaid) services."
SECTION 219. Section 44-6-170(A)(13) of the 1976 Code, as last amended by Act 130 of 1993, is further amended to read:
"(13) the commissioner director or his designee of the South Carolina Department of Health and Environmental Control;"
SECTION 220. Section 44-6-170(A)(14) of the 1976 Code, as last amended by Act 130 of 1993, is further amended to read:
"(14) the executive director or his designee of the State Department of Health and Human Services Finance Commission;" SECTION 221. Section 44-6-520 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 44-6-520. No provision of this article limits the right of an owner to sell, lease, or mortgage any a nursing home subject to receivership under this article upon the owner's presenting satisfactory evidence to the court that:
(1) compliance with the applicable requirements of the Department of Health and Human Services has been achieved; or
(2) The purchaser lessee, or mortgagor has assumed the responsibility for achieving such compliance and has filed an acceptable plan of correction with the commission Department of Health and Human Services. Upon sale of the nursing home, the receivership must be terminated."
SECTION 222. Section 44-6-540 of the 1976 Code, as added by Act 449 of 1990, is amended to read:
"Section 44-6-540. The commission Department of Health and Human Services is authorized to promulgate regulations, pursuant to the Administrative Procedures Act, to administer this article."
SECTION 223. Section 44-6-720(B)(4)(b)(iv) and (5) of the 1976 Code, as added by Section 74, Part II of Act 164 of 1993, are amended to read:
" (iv) other deductions provided in regulations of the State Department of Health and Human Services Finance Commission;
(5) upon the death of the beneficiary, a remainder interest in the corpus of the trust passes to the State Department of Health and Human Services Finance Commission. The commission department shall remit the state share of the trust to the general fund; and"
SECTION 224. Section 44-6-730 of the 1976 Code, as added by Section 74, Part II, Act 164 of 1993, is amended to read:
"Section 44-6-730. The State Department of Health and Human Services Finance Commission shall promulgate regulations as are necessary for the implementation of this article and as are necessary to comply with federal law. In addition, the commission department shall amend the state Medicaid plan in a manner that is consistent with this article."
SECTION 225. Section 44-7-90 of the 1976 Code, as added by Act 184 of 1987, is amended to read:
"Section 44-7-90. (A) Based on reports from the State Health and Human Services Finance Commission South Carolina Department of Health and Human Services the department Department of Health and Environmental Control shall determine each nursing home's compliance with its Medicaid nursing home permit. Violations of this article include:
(1) a nursing home exceeding by more than ten percent the number of Medicaid patient days stated in its permit;
(2) a nursing home failing to provide at least ten percent fewer days than the number stated in its permit;
(3) the provisions of any Medicaid patient days by a home without a Medicaid nursing home permit.
(B) Each Medicaid patient day above or below the allowable range is considered a separate violation. The department Department of Health and Environmental Control may levy a fine not to exceed the average rate per for each Medicaid patient day times each violation. Appeals from this action must comply with the appropriate provisions of Chapter 23 of Title 1."
SECTION 226. Section 44-7-170(B), as last amended by Act 511 of 1992, is further amended to read:
"(B) The Certificate of Need provisions of this article do not apply to:
(1) an expenditure by or on behalf of a health care facility for nonmedical projects for services such as refinancing existing debt, parking garages, laundries, roof replacements, computer systems, telephone systems, heating and air conditioning systems, upgrading facilities which do not involve additional square feet or additional health services, replacement of like equipment with similar capabilities, or similar projects as described in regulations;
(2) facilities owned and operated by the State Department of Mental Health and the South Carolina Department of Mental Retardation Disabilities and Special Needs, except an addition of one or more beds to the total number of beds of the departments' health care facilities existing on July 1, 1988;
(3) educational and penal institutions maintaining infirmaries for the exclusive use of their respective student bodies and inmate populations;
(4) any federal health care facility sponsored and operated by this State;
(5) community-based housing designed to promote independent living for persons with mental or physical disabilities. This does not include a facility defined in this article as a `health care facility'."
SECTION 227. Section 44-7-370(A) of the 1976 Code, as last amended by Act 110 of 1993, is further amended to read:
"(A) The South Carolina Department of Health and Environmental Control shall establish a Residential Care Committee to advise the department regarding licensing and inspection of community residential care facilities.
(1) The committee consists of the Long Term Care Ombudsman, three operators of homes with ten beds or less fewer, four operators of homes with eleven beds or more, and three members to represent the department appointed by the commissioner director for terms of four years.
(2) The terms must be staggered, and no member may serve more than two consecutive terms. Any person may submit names to the commissioner director for consideration. The advisory committee shall meet at least once annually with representatives of the department to evaluate current licensing regulations and inspection practices. Members shall serve without compensation."
SECTION 228. Section 44-23-10(9) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(9) `Director' means the Director of the Department of Mental Health, except when used as provided in item (8)."
SECTION 229. Section 44-38-380(A)(1)(i) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(i) Executive Director of the South Carolina State Department of Health and Human Services Finance Commission;"
SECTION 230. Section 44-38-380(A)(1)(k) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(k) Commissioner Director of the South Carolina Department of Health and Environmental Control;"
SECTION 231. Section 44-40-60 of the 1976 Code is amended to read:
"Section 44-40-60. With the cooperation of the Department of Health and Environmental Control and the Department Division of Veterans Affairs in the Office of the Governor, the council:
(1) shall make an annual report to the General Assembly containing:
(a) a comprehensive review and summary analysis of the scientific literature on the effects of exposure to chemical agents, including Agent Orange;
(b) a summary of the activities undertaken to inform and assist veterans who may have been exposed to chemical agents, including Agent Orange;
(c) a description and interpretation of the results of any study undertaken pursuant to this chapter;
(d) other comments or recommendations the council considers appropriate.
(2) may hold hearings consistent with the purposes of this chapter. To assist it in carrying out these functions, the council may contract for an evaluation of the performance of the Department of Health and Environmental Control and the Department Division of Veterans Affairs in implementing this chapter and may contract for the compilation and editing of the annual report."
SECTION 232. Section 44-53-480(a)(1) and (2) of the 1976 Code are amended to read:
"(1) Assist the Commission on Department of Alcohol and Other Drug Abuse Services in the exchange of information between itself and governmental and local law-enforcement officials concerning illicit traffic in and use and abuse of controlled substances.
(2) Assist the Commission Department of Alcohol and Other Drug Abuse Services in planning and coordinating training programs on law enforcement for controlled substances at the local and state level."
SECTION 233. Section 44-53-490 of the 1976 Code is amended to read:
"Section 44-53-490. The Department of Health and Environmental Control shall designate persons holding a degree in pharmacy to serve as drug inspectors. Such These inspectors shall, from time to time, but no less than once every three years, shall inspect all practitioners and registrants who manufacture, dispense, or distribute controlled substances, including those persons exempt from registration but who are otherwise permitted to keep controlled substances for specific purposes. The drug inspector shall submit an annual report by the first day of each year to the Department department and a copy to the Commission on Department of Alcohol and Other Drug Abuse Services specifying the name of the practitioner or the registrant or such the exempt persons inspected, the date of inspection and any other violations of this article.
The department may employ other persons as agents and assistant inspectors to aid in the enforcement of those duties delegated to the department by this article."
SECTION 234. Section 44-53-500(b)(2) of the 1976 Code is amended to read:
"(2) When so authorized by an administrative inspection warrant issued pursuant to this section, an officer or employee designated by the Commission on Department of Alcohol and Other Drug Abuse Services, upon presenting the warrant and appropriate credentials to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection."
SECTION 235. Section 44-53-720(a) of the 1976 Code is amended to read:
"(a) To use in treatment, maintenance or detoxification programs in the State Department of Mental Health facilities or programs approved by the South Carolina Commission on Department of Alcohol and Other Drug Abuse Services and licensed by the South Carolina Department of Mental Health."
SECTION 236. Section 44-55-120(C) of the 1976 Code, as added by Section 75, Part II of Act 164 of 1993, is amended to read:
"(C) There is established a Safe Drinking Water Advisory Committee for the purpose of advising the department and General Assembly on the use of revenues deposited in the Safe Drinking Water Fund. The Governor shall appoint the advisory committee which must be composed of one member representing water systems with fifty thousand or more service connections, one member representing water systems with at least twenty-five thousand but fewer than fifty thousand service connections, one member representing water systems with at least ten thousand but fewer than twenty-five thousand water connections, one member representing water systems with at least one thousand but fewer than ten thousand service connections, one member representing water systems with fewer than one thousand service connections, and the State Consumer Advocate and the Commissioner Director of the Department of Health and Environmental Control, or a designee."
SECTION 237. Section 44-56-60(a)(3) of the 1976 Code, as last amended by Act 590 of 1990, is further amended to read:
"(3) During a twelve-month period, the commissioner director may allow land disposal by burial in excess of the limitation upon certification of the department that:
(A) disposal by land burial from a particular site in South Carolina is necessary to protect the health and safety of the people of this State; or
(B) at least one hundred ten thousand tons of hazardous waste disposed of by land burial in this State during the twelve-month period was generated in South Carolina.
During each twelve-month period, a person operating a hazardous waste disposal facility or site shall reserve at least the same capacity to dispose of hazardous waste generated in South Carolina that was disposed of by burial at that facility or site during the previous year excluding capacity that was used to dispose of hazardous waste pursuant to subitem (A). No more hazardous waste from out of state shall may be buried in South Carolina than was buried in the previous twelve-month period.
Certification must be issued to the party seeking to use land disposal of the waste, and the certification must be presented to the operator of the facility at the time of disposal. The facility shall submit this certification with its regular report to the department of permitted activity at the disposal site."
SECTION 238. Section 44-67-90 of the 1976 Code is amended to read:
"Section 44-67-90. The department may allocate funds annually to study research and development in the field of litter control as well as to study methods for the implementation in this State of such the research and development. In addition, funds may be used for the development of public educational programs concerning litter problems, and grants may be made available for these purposes to those persons deemed considered appropriate and qualified by the commissioner director. Further, any Monies received by the department may be used to match federal funds for the purpose of establishing or studying a resource recovery system."
SECTION 239. Section 44-96-440(C) of the 1976 Code, as added by Act 63 of 1991, is amended to read:
"(C) It shall be is unlawful for any a person to fail to comply with this article and any regulations promulgated pursuant to this article it, or to fail to comply with any a permit issued under this article, or to fail to comply with any an order issued by the board, commissioner director, or department."
SECTION 240. Section 46-13-60(2)(c) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(c) If the deputy director finds the applicant qualified to use and supervise the use of pesticides in the classifications he has applied for, and if an applicant applying for a commercial applicator license files the evidence of financial responsibility required under Section 46-13-100, and if the applicant applying for a license to engage in aerial application of pesticides has met all of the requirements of the Federal Aviation Agency, the Division of Aeronautics State Aviation Administration of the Department of Commerce for the State, and any other applicable federal or state laws or regulations to operate the equipment described in the application, the deputy director shall issue a pesticide applicator's license limited to the classifications for which he is qualified, which shall expire at the end of the calendar year of issue unless it has been revoked or suspended prior thereto by the deputy director for cause. The deputy director may limit the license of the applicant to the use of certain areas, or to certain types of equipment if the applicant is only so qualified."
SECTION 241. Section 48-4-10, as added by Act 181 of 1993, is amended to read:
"Section 48-4-10. (A) The South Carolina Department of Natural Resources is created to administer and enforce the laws of this State relating to wildlife, marine resources, and natural resources, and other laws specifically assigned to it. The department shall must be comprised of a Natural Resources Enforcement Division, a Wildlife and Freshwater Fish Fisheries Division, a Marine Resources Division, a Water Resources Division, and a Land Resources and Conservation Districts Division, and a State Geologist and Geological Mapping Division. Each division of the department shall must have such the functions and powers as provided by law.
(B) All functions, powers, and duties provided by law to the South Carolina Wildlife and Marine Resources Department, the Geological Mapping Survey Division of the Budget and Control Board, to include the State Geologist, and the South Carolina Migratory Waterfowl Committee are hereby transferred to the Department of Natural Resources. All nonregulatory functions, powers, and duties provided by law to the South Carolina Water Resources Commission and the State Land Resources Conservation Commission are hereby transferred to the Department of Natural Resources. All rules, regulations, standards, orders, or other actions of these entities shall remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act.
(C) All divisions shall be are directly accountable to and subject to the Department of Natural Resources.
(D) The Wildlife and Marine Resources Commission, the Land Resources Conservation Commission, and the Water Resources Commission are abolished."
SECTION 242. Section 48-9-30 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding an appropriately numbered item to read:
"( ) `State Land Resources and Conservation Districts Advisory Council' or `advisory council' means the body created pursuant to Section 48-9-215."
SECTION 243. Article 3, Chapter 9, Title 48 of the 1976 Code is amended by adding:
"Section 48-9-215. (A) The State Land Resources and Conservation Districts Advisory Council is established consisting of the five commissioners provided for in Section 48-9-225. The council members must be appointed by the Governor for four years on the recommendation of the executive committee of the South Carolina Association of Soil and Water Conservation District Commissioners and serve until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired term. A member may not succeed himself after he has served one full four-year term.
(B) The Governor shall name the chairman of the advisory council. A majority of the advisory council constitutes a quorum, and the concurrence of a majority in a matter within the council's duties is required for the matter's determination.
(C) The members of the advisory council may receive no compensation for their services on the council but may receive expenses, including travel expenses, necessarily incurred in the discharge of their duties on the council.
(D) The council shall advise the department and the division on standards, rules, regulations, or other matters related to land resources and conservation districts.
Section 48-9-225. For the purpose of selecting the five soil and water conservation district commissioners to serve as members of the advisory council, the State is divided into the following five areas:
(1) Area 1: Abbeville, Anderson, Cherokee, Greenville, Laurens, Oconee, Pickens, Spartanburg, and Union counties;
(2) Area 2: Aiken, Calhoun, Edgefield, Greenwood, Lexington, McCormick, Newberry, Richland, and Saluda counties;
(3) Area 3: Chester, Chesterfield, Darlington, Fairfield, Kershaw, Lancaster, Lee, Marlboro, and York counties;
(4) Area 4: Berkeley, Clarendon, Dillon, Florence, Georgetown, Horry, Marion, Sumter, and Williamsburg counties;
(5) Area 5: Allendale, Bamberg, Barnwell, Beaufort, Charleston, Colleton, Dorchester, Hampton, Jasper, and Orangeburg counties."
SECTION 244. Section 48-9-610 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 48-9-610. If the department shall determine board determines that the operation of the proposed district within the defined boundaries is administratively practicable and feasible it shall appoint two commissioners to act with the three commissioners elected as provided in Article 11 of this chapter as the governing body of the district."
SECTION 245. Section 48-9-1210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 48-9-1210. The two commissioners appointed by the board shall, upon the recommendation of the advisory council, must be persons who are by training and experience are qualified to perform the specialized skilled services which will be required of them in the performance of their duties under this chapter." SECTION 246. Section 48-9-1230 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 48-9-1230. Except as otherwise provided in Section 48-9-1220, the term of office of each commissioner is four years, except that in newly created districts the elected commissioners' terms of office are until the next regular election is held under the provisions of Section 48-9-1220 and the first appointed commissioners must be designated to serve for terms of one and two years, respectively, from the date of their appointment. A commissioner shall hold holds office until his successor has been is elected or appointed and has qualified. Vacancies must be filled for the unexpired term. The selection of successors to fill an unexpired term, or for a full term, must be made in the same manner in which the retiring commissioners shall, respectively, have been are selected, except that in the case of. However, for a vacancy in the unexpired term of an elected commissioner, a successor may be appointed by the board upon the recommendation of the advisory council and upon the unanimous recommendation of the remaining commissioners of the district. Any A commissioner may be removed by the board after consultation with the advisory council upon notice and hearing for neglect of duty or malfeasance in office, but for no other reason."
SECTION 247. Section 48-9-1820 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 48-9-1820. Members of the board advisory council and the commissioners of the district shall be are ineligible to appointment as members of the board of adjustment during their tenure of such the other office. The members of the board of adjustment shall receive compensation for their services at a per diem rate to be determined by the department for time spent on the work of the board, in addition to expenses, including traveling expenses, necessarily incurred in the discharge of their duties. The commissioners shall pay the necessary administrative and other expenses of operation incurred by the board of adjustment upon the certificate of the chairman of the board."
SECTION 248. Section 48-9-1840 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 48-9-1840. A land occupier may file a petition with the board of adjustment alleging that there are great practical difficulties or unnecessary hardships in the way of his carrying out upon his lands the strict letter of the land-use regulations prescribed by ordinance approved by the commissioners and praying the board to authorize a variance from the terms of the land-use regulations in the application of such the regulations to the lands occupied by the petitioner. Copies of such the petition shall must be served by the petitioner upon the chairman of the commissioners of the district within which his lands are located and upon the director of the department."
SECTION 249. Section 48-9-1850 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 48-9-1850. The board of adjustment shall fix a time for the hearing of the petition and cause due notice of such the hearing to be given. The commissioners of the district and the department may appear and be heard at such the hearing. Any An occupier of lands lying within the district who shall object objects to the authorizing of the variance prayed for may intervene and become a party to the proceedings. Any A party to the hearing before the board of adjustment may appear in person, by agent, or by attorney. If, upon the facts presented at such the hearing, the board shall determine that determines there are great practical difficulties or unnecessary hardships in the way of applying the strict letter of any of the land-use regulations upon the lands of the petitioner, it shall make and record such the determination and shall make and record findings of fact as to the specific conditions which establish such the great practical difficulties or unnecessary hardships. Upon the basis of such the findings and determination, the board of adjustment may by order may authorize such the variance from the terms of the land-use regulations, in their application to the lands of the petitioner, as will relieve such the great practical difficulties or unnecessary hardships and will not be contrary to the public interest and such that so the spirit of the land-use regulations shall be is observed, the public health, safety and welfare secured, and substantial justice done."
SECTION 250. Chapter 22, Title 48 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
Section 48-22-10. The State Geologist and South Carolina Geological Mapping Division, Survey Unit is hereby created and shall be established under the direction of the Department of Natural Resources. The State Geologist shall must be appointed by the Director of the Department of Natural Resources. He shall must have graduated from an accredited college or university with a full curriculum in geology and shall have had at least five years of practical work experience, academic, governmental, or industrial, in geology.
Section 48-22-20. The powers and duties provided for the State Geologist and South Carolina Geological Mapping Survey of the Division of Research and Statistical Services of the Budget and Control Board are devolved upon the Department of Natural Resources. All property, equipment and personal services monies, including all employee contributions and other fringe benefits used by the Geological Survey within the Division of Research and Statistical Services of the Budget and Control Board prior to the adoption of before this section shall be takes effect are transferred to the Department of Natural Resources. The South Carolina Geodetic Survey must remain with the Division of Research and Statistical Services as the South Carolina Geodetic Survey. All property, equipment, and personal services monies, including all employee contributions and other fringe benefits used by the Geodetic Survey, must remain with the Division of Research and Statistical Services.
Section 48-22-30. (A) The State Geologist shall have supervision of the entire work of the division and shall be responsible for its accuracy. He shall:
(1) travel throughout the State so as to make himself familiar with the geology and mineral resources of each section, and supervise work in progress;
(2) shall undertake such field and laboratory work as his time will permit permits;
(3) and shall perform such other duties as that properly pertain to his office.
(B) He may, As directed by the The department, may employ geologists, technicians, and such other personnel as may be necessary to conduct the objectives of the division unit.
Section 48-22-40. In addition to such other duties as may be assigned to it, the division shall unit:
(1) shall conduct field and laboratory studies in geologic reconnaissance, mapping, prospecting for mineral resources, and related gathering of surface and subsurface data. Investigative areas shall include offshore, as well as all and onshore, lands in this State.;
(2) shall provide geologic advice and assistance to other state and local governmental agencies engaged in environmental protection, or in industrial or economic development projects. In addition, the division shall unit must be involved actively involved in geologic aspects of regional planning and effective land use in the State.;
(3) shall encourage economic development in the State by disseminating published geologic information as bulletins, maps, economic reports, and related series, and also open-file reports, to appropriate governmental agencies and private industry. The division unit is further encouraged further to initiate and maintain appropriate industrial contacts, to promote both the extraction and conservation of South Carolina's earth raw materials, and their manufacture, to the economic improvement of the State.;
(4) shall provide unsolicited advice, when appropriate, to the Mining Council and its associated state regulatory agency, on geologic and related mining matters in keeping with the intent of the South Carolina Mining Act.;
(5) shall operate and maintain a central, statewide repository for rock cores, well cuttings and related subsurface samples, and all associated supplemental data. Private firms and public agencies are encouraged to notify the division prior to any unit before exploratory or developmental drilling and coring.;
(6) must be the state's official cooperator on topographic mapping; provided, that. The federal expenditure for such purposes shall this purpose at least must equal that of the State, and. The unit may conduct cooperative work with appropriate agencies of the United States Government in its geologic activities and investigations.;
(7) shall provide a minerals research laboratory, related to the identification, extraction, and processing of industrial minerals and minerals of economic potential wherever found throughout the onshore and offshore areas of the State. The minerals research laboratory is encouraged to accept mineral research projects from South Carolina businesses or citizens on a per cost, per unit basis and to encourage expended use of the raw materials of the State. The minerals research laboratory may accept public and private gifts or funds and may enter into cooperative agreements for the purpose of applied research in the metallic and nonmetallic minerals of this State.
Section 48-22-50. The division unit shall maintain all unpublished information in its files which shall must be open to the public, except in cases where the investigator still has work in progress on a project leading to a publication; or where an industrial firm, interested in possibly locating in the State, asks temporary confidential status for oral and written geologic related information supplied by them or obtained on their properties. In the latter instance such the information may be held in confidence by the division unit for not more than one year from the date such the information was obtained.
Section 48-22-60. The division unit shall work impartially for the benefit of the public, and no person, firm, or governmental agency may call upon or require the State Geologist or his unit staff to enter upon any a special survey for his or their special benefit.
Section 48-22-70. The South Carolina Geodetic Survey established within the Division of Research and Statistical Services of the Budget and Control Board is hereby transferred to the Department of Natural Resources. The Geodetic Survey is constituted as part of the State Geologist and Geological Mapping Division. The division shall establish horizontal and vertical geodetic control within the State at a density that will effectively provide land and land-related items and records to be referenced to the national horizontal and vertical coordinate system, ensure the accuracy and integrity of new geodetic data entered into the state and national reference system, maintain geodetic files for the State, and disseminate geodetic information as necessary.
Section 48-22-80. The division, under the auspices of the department, shall have the responsibility of coordinating mapping activities in the State to ensure that mapping products are compatible with the South Carolina Coordinate System. As part of this activity, the division shall establish, develop, and promulgate standards for maps and map products to ensure quality, accuracy, and compatibility of mapping products, encourage the development of accurate mapping systems that are compatible with and suitable for incorporation into a standardized statewide mapping system, develop, maintain, and administer programs for funding qualified mapping projects, and serve as the focal point for federal, state, and local mapping programs and activities in South Carolina.
Section 48-22-90. Where county boundaries are ill-defined, unmarked, or poorly marked, the South Carolina Geodetic Survey on a cooperative basis shall assist counties in defining and monumenting the locations of county boundaries and positioning the monuments using geodetic surveys. The South Carolina Geodetic Survey shall act as a mediator between counties to resolve county boundary disputes."
SECTION 251. Section 48-39-150(D) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(D) Any applicant having a permit denied or any person adversely affected by the granting of the permit has the right to a hearing conducted by an administrative law judge pursuant to Sections 1-23-600 and 1-23-610. A party aggrieved by a decision of an administrative law judge has the right of direct appeal from the decision of the Administrative Law Judge administrative law judge to the Coastal Zone Management Appellate Panel pursuant to Sections 1-23-600 and 1-23-610. A party aggrieved by a final decision of the Coastal Zone Management Appellate Panel is entitled to judicial review of that decision by the circuit court under the provisions of Section 1-23-610(A). For the purposes of this chapter, the final decision of the Coastal Zone Management Appellate Panel is the final decision of the board of the Department of Health and Environment. Any applicant having a permit denied may challenge the validity of any or all reasons given for denial."
SECTION 252. Section 48-39-210 of the 1976 Code, as last amended by Acts 127 and 181 of 1993, is further amended to read:
"Section 48-39-210. (A) The department is the only state agency with authority to permit or deny any alteration or utilization within the critical area except for the exemptions granted under Section 48-39-130(D), and the application for a permit must be acted upon within the time prescribed by this chapter.
(B) A critical area delineation for coastal waters or tidelands established by the council department is valid only if the line is depicted on a survey performed by a professional surveyor, the line is reviewed by council the department, council the department validates the location of the boundaries of the coastal waters or tidelands critical area on the survey by affixing a stamp and date to the survey, and the survey contains clearly on its face in bold type the following statement:
`The area shown on this plat is a general representation of Coastal Council Department of Health and Environmental Control (department) permit authority on the subject property. Critical areas by their nature are dynamic and subject to change over time. By generally delineating the permit authority of the Coastal Council department, the Coastal Council department in no way waives its right to assert permit jurisdiction at any time in any critical area on the subject property, whether shown hereon or not.'
(C) Notwithstanding any other provision of this chapter, a critical area line established pursuant to subsection (B) that affects subdivided residential lots expires after three years from the council department date on the survey described in subsection (B). For purposes of this section only, a critical area delineation existing on the effective date of this act is valid until December 31, 1993.
(D) Exceptions to subsection (C) are eroding coastal stream banks where it can be expected that the line will move due to the meandering of the stream before the expiration of the three-year time limit and where manmade alterations change the critical area line."
SECTION 253. Section 48-39-280(A)(4) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(4) Notwithstanding any other provision of this section, where a department-approved beach nourishment project has been completed, the local government or the landowners, with notice to the local government, may petition an Administrative Law Judge the department to move the baseline as far seaward as the landward edge of the erosion control structure or device or, if there is no existing erosion control structure or device, then as far seaward as the post project baseline as determined by the department in accordance with Section 48-39-280(A)(1) by showing that the beach has been stabilized by department-approved beach nourishment. If the petitioner is asking that the baseline be moved seaward pursuant to this section, he must show an ongoing commitment to renourishment which will stabilize and maintain the dry sand beach at all stages of the tide for the foreseeable future. If the Administrative Law Judge department grants the petition to move the baseline seaward pursuant to this section, no new construction may occur in the area between the former baseline and the new baseline for three years after the initial beach nourishment project has been completed as determined by the department. If the beach nourishment fails to stabilize the beach after a reasonable period of time, the department must move the baseline landward to the primary oceanfront sand dune as determined pursuant to items (1), (2), and (3) for that section of the beach. Any appeal of an Administrative Law Judge's the department's decision under this section may be made to the Coastal Zone Management Appellate Panel pursuant to Section 48-39-150(D)."
SECTION 254. Section 48-39-280(E) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(E) A landowner claiming ownership of property affected who feels that the final or revised setback line, baseline, or erosion rate as adopted is in error, upon submittal of substantiating evidence, must be granted a review of the setback line, baseline, or erosion rate, or a review of all three pursuant to Section 48-39-150(D). The requests must be forwarded to the Coastal Zone Management Appellate Panel and handled in accordance with the department's regulations on appeals."
SECTION 255. Section 48-39-290(D) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(D) Special permits:
(1) If an applicant requests a permit to build or rebuild a structure other than an erosion control structure or device seaward of the baseline that is not allowed otherwise pursuant to Sections 48-39-250 through 48-39-360, the department may issue a special permit to the applicant authorizing the construction or reconstruction if the structure is not constructed or reconstructed on a primary oceanfront sand dune or on the active beach and, if the beach erodes to the extent the permitted structure becomes situated on the active beach, the permittee agrees to remove the structure from the active beach if the department orders the removal. However, the use of the property authorized under this provision, in the determination of the department, must not be detrimental to the public health, safety, or welfare.
(2) The department's Permitting Committee is the committee to consider applications for special permits.
(3)(2) In granting a special permit, the committee department may impose reasonable additional conditions and safeguards as, in its judgment, will fulfill the purposes of Sections 48-39-250 through 48-39-360.
(4)(3) A party aggrieved by the committee's department's decision to grant or deny a special permit application may appeal to the full Coastal Zone Management Appellate Panel the decision pursuant to Section 48-39-150(D)."
SECTION 256. Section 48-49-70 of the 1976 Code is amended to read:
"Section 48-49-70. (a)(A) The Department of Parks, Recreation and Tourism Natural Resources shall identify the protected mountain ridge crests in each county by showing them on a map or drawing, describing them in a document, or any combination thereof. These maps, drawings, or documents shall identify the protected mountain ridges as defined in Section 48-49-30 and such other mountain ridges as any county may request, and shall specify those protected mountain ridges that serve as all or part of the boundary line between two counties. By January 1, 1985, the map, drawing, or document tentatively identifying the protected mountain ridge crests of each county must be filed with the governing body of that county, with the municipal governing body of each municipality that requests it, and with the register of mesne conveyances or the clerk of court in the county where the land lies, and made available for inspection at the Department's offices in Columbia.
(b)(B) Determinations by the Department of elevations under this section are conclusive in the absence of fraud."
SECTION 257. Section 49-1-15 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 49-1-15. (A) Except as otherwise provided herein, no person may erect, construct, or build any structure or works in order to dam or impound the waters of a navigable stream or any waters which are tributary to a navigable stream for the purpose of generating hydroelectricity without securing a permit from the Department of Health and Environmental Control. Any projects that are subject to Chapter 33 of Title 58 of the Utility Facility Siting and Environmental Protection Act are exempted from this section. Further exempted are projects where the project developer without exercising condemnation authority is the existing owner of the property upon which the project is to be constructed and projects which do not exceed sixty acres including in both cases inundated land.
(B) Except as otherwise provided herein, no person may erect, construct, or build any structure or works in a navigable stream without securing a permit from the Department of Health and Environmental Control.
(C) The Department of Health and Environmental Control may issue a permit for the projects in this subsection after a thorough review of the proposed project and a finding that it meets any regulations of the board department and the following standards:
(1) The proposed project does not halt or prevent navigation by watercraft of the type ordinarily frequenting the reach of the watercourse in question.
(2) The projects proposed for shoaled areas of the watercourse provide a means of portage or bypass of the project structure.
(3) The need for the proposed project far outweighs the historical and current uses of the stream in question.
(4) The impact of the proposed project will not threaten or endanger plant or animal life. The proposed project will not violate water quality standards for the watercourse in question.
(5) The recreational and aesthetic benefits or detriments caused by the proposed project do not alter the watercourse or damage riparian lands.
(C)(D) The Attorney General shall represent before any federal agency the department, if so requested by the department, respecting the same application."
SECTION 258. Chapter 3 of Title 49 of the 1976 Code is amended by adding:
"Section 49-3-60. The department may negotiate agreements, accords, or compacts on behalf of and in the name of the State with other states or the United States, or both, with an agency, department, or commission of either, or both, relating to withdrawal, transfer, or diversion of water connected to waters of this State or that impacts waters of the State or future supplies of water. Any interstate compact made by the department is subject to approval by joint resolution of the General Assembly. The department may represent the State in connection with water withdrawals, transfers, or diversions occurring in other states which may affect this State."
SECTION 259. Section 49-4-15(2) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(2) `Department' means the Department of Health and Environmental Control Natural Resources."
SECTION 260. Section 49-7-70(20) of the 1976 Code is amended to read:
"(20) To exercise the power of eminent domain for any a corporate function. The power of eminent domain may be exercised through any a procedure prescribed by Chapter 5, Title 28, or by following the procedure for the exercise of eminent domain by the State Highway Department Department of Transportation, prescribed by Article 3, Chapter 5, Title 57, as such the statutes are now constituted or as they may afterwards be constituted following any amendments thereto."
SECTION 261. Section 50-3-90 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-3-90. The authorized agents of the department may conduct game and fish cultural operations and scientific investigations in such manner, places and at such times as are considered necessary and may use whatever methods are deemed advisable for sampling fish populations. Such operations and investigations shall be conducted only at the request of and with the permission from the board department, and no such operations and investigations shall be made upon private lands and waters except at the request of the owner or owners of such lands and waters."
SECTION 262. Section 50-3-310 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-3-310. The director shall appoint the enforcement officers of the Natural Resources Enforcement Division, subject to their receiving a commission from the Governor. An enforcement officer shall be issued a commission by the Governor upon the recommendation of the director. An enforcement officer may be removed by the board director upon proof satisfactory to it the director that he the enforcement officer is not fit for the position."
SECTION 263. Section 50-3-315(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-3-315. (A) The director may appoint deputy enforcement officers to serve without pay and shall establish their territorial jurisdiction. The officers, when acting in their official capacity, may enforce all laws and regulations relating to wildlife, marine, or natural resources fish and game, trespass, and littering laws within their territorial jurisdiction. The powers and duties of the officers must be established by regulations of the department. Deputy enforcement officers serve at the pleasure of the director. The Secretary of State shall transmit to the director the commissions of all officers. The director shall transmit each commission to the office of the clerk of court for the county in which the officer resides only after he files the oaths and bonds required by Section 50-3-330."
SECTION 264. Section 50-3-510 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-3-510. The department may, subject to the provisions of this article, may contract for the selective cutting and sale of timber on any lands held by the department on behalf of its Wildlife and Freshwater Fish Fisheries Division. No contract for such the cutting and sale shall may be entered into and no timber shall may be cut or sold unless the board decides that the cutting and sale of such the timber is for the best interests of the department and the improvement of its lands, by reason of thinning the timber, harvesting the over-age trees, and improving general forestry conditions. Prior to Before selling or cutting any such the timber the matter shall must be submitted to the State Forester, who shall investigate the propriety of making such the cutting and shall have the timber cruised and an estimate of the value made. If the State Forester finds that the sale is not in keeping with good forestry practices or will adversely will affect the remainder of the timber, the sale shall must not be made."
SECTION 265. Section 50-5-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-5-20. The department shall have jurisdiction over all salt-water fish, fishing and fisheries, all fish, fishing and fisheries in all tidal waters of the State and all fish, fishing and fisheries in all waters of the State whereupon a tax or license is levied for use for commercial purposes. This includes the following: All shellfish, crustaceans, diamond-back terrapin, sea turtles, porpoises, shad, sturgeon, herring and all other migratory fish except rock fish (striped bass)."
SECTION 266. Section 50-5-110 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-5-110. The department may adopt and promulgate rules and regulations for the government of the force under its control and for the control of fisheries, not contrary to or inconsistent with the laws and policy of the State, having the force and effect of law, and may provide penalties for violation thereof of the regulations not to exceed forfeiture of license or privilege previously granted by the Division department."
SECTION 267. Section 50-7-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-7-10. In pursuance of Article III of the Atlantic States Marine Fisheries Compact, of which this State is a signatory, there shall be three members, hereinafter called Compact Commissioners, of the Atlantic States Marine Fisheries Commission, hereinafter called the Compact Commission, from this State. The first Compact Commissioner from this State shall be the Director of the department or his designee, ex officio, and the term of any such ex officio Commissioner shall terminate at the time he ceases to hold such office and his successor as Compact Commissioner shall be his successor as Director of the department. The second Compact Commissioner from this State shall be a legislator and member of the Commission on Interstate Cooperation of this State, ex officio, designated by the Commission on Interstate Cooperation, and the term of any such ex officio Commissioner shall terminate at the time he ceases to hold such legislative position or such position as Commissioner on Interstate Cooperation, and his successor as Compact Commissioner shall be named in like manner. The Governor, by and with the advice and consent of the Senate, shall appoint a citizen as a third Compact Commissioner, who shall have a knowledge of and interest in the marine fisheries problem. The term of such Compact Commissioner shall be three years and he shall hold office until his successor shall be appointed and qualified. Vacancies occurring in the office of such commissioner from any reason or cause shall be filled by appointment by the Governor, by and with the advice and consent of the Senate, for the unexpired term. The director of the department as ex officio commissioner may delegate, from time to time, to any deputy or other subordinate in his department or office, the power to be present and participate, including voting as his representative or substitute, at any meeting of or hearing by or other proceeding of the Compact Commission. The terms of each of the initial three members shall begin at the date of the appointment of the appointive Compact Commissioner, provided the compact shall then have gone into effect in accordance with Article II thereof and otherwise shall begin upon the date upon which the compact shall become effective in accordance with Article II.
Any commissioner may be removed from office by the Governor upon charges and after a hearing, but opportunity to be heard shall be given."
SECTION 268. Section 50-9-70 of the 1976 Code, as added by Act 94 of 1993, is amended to read:
"Section 50-9-70. The South Carolina Wildlife and Marine Resources Department of Natural Resources shall establish programs in instruction on the safe use of firearms and archery tackle for hunting and hunter responsibility. The programs must include, but are not limited to, the selection, training, and certification of instructors, appropriate course materials and content, and criteria for successful course completion. The department shall authorize the issuance of a certificate of completion to persons successfully completing the course."
SECTION 269. Section 50-9-470 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-9-470. In lieu of obtaining a regular annual nonresident fishing license provided for by Section 50-9-460, a nonresident of this State may procure a temporary nonresident license for the purpose of fishing for game fish or other fish in this State. The temporary license authorizes the licensee to fish in any of the waters of this State for a period of seven specified consecutive days, in accordance with other regulations provided by law, and the license is valid for the period specified. The fee for the license is eleven dollars. Of this amount one dollar may be retained by the agent selling a license, and the balance must be remitted by the agent to the department and deposited in the State Treasury to the State Treasurer in the game protection fund. The department, at the end of each calendar year, shall credit the Santee-Cooper funds with an amount equal to the sum collected during the calendar year 1956 from the temporary license then in effect for those waters. If there is a general decline in revenue from all sources of the Wildlife and Freshwater Fish Fisheries Division of the department, the amount credited may be reduced by the same percentage of the decline."
SECTION 270. Section 50-17-320 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-17-320. (A) If the State authorizes any activity or use requiring the permanent closure of shellfish grounds, the portion of a permitted area which falls within the closed area may be removed from the permit acreage agreement by the board department. If a portion of the acreage is removed, the permit acreage agreement and annual fee must be adjusted on the annual renewal date as prescribed in Section 50-17-336.
(B) If a state or federal permit is issued over the objections of the department, or for a project of overriding public need, and if the permitted project causes the closure of any shellfish grounds or renders any bottoms unsuitable for the purpose of shellfish propagation, the department may require the permittee to mitigate or compensate, or both, for the loss of the public shellfish resource.
The compensation must be remitted to the department and placed in a special fund for shellfish management.
Compensation and mitigation under authority of this section may not be considered as factors in justifying the issuance of any such permit and this section may not be interpreted as authorizing the closure of any shellfish grounds or authorizing the rendering of any bottoms unsuitable for shellfish propagation.
If an unauthorized action results in a closure of shellfishing waters or renders them temporarily or permanently unsuitable for the purpose of shellfish propagation, the party responsible for the action may be required by the department to mitigate the loss of the resource and to compensate for damages which result from the loss of the shellfish resource.
(C) The terms of the mitigation or compensation authorized by subsection (B) and the amount of the award of damages must be determined in the first instance by the board department. Its determination constitutes a final decision for the purpose of Section 1-23-380, and the affected party may seek judicial review pursuant to the decision."
SECTION 271. The first paragraph of Section 50-17-365 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-17-365. It is unlawful for any person to remove, take, or harvest any shellfish, as defined in Section 50-5-10, from the coastal waters and bottoms of the State from May fifteenth to September fifteenth, inclusive. The board department has the authority to open or close any area of state waters or bottoms for the removal, taking, or harvesting of shellfish for specified periods at any time during the year when biological and other conditions warrant the action. Nothing in this article may be construed to alter the authority of the Department of Health and Environmental Control to open and close shellfish grounds for public health reasons."
SECTION 272. Section 50-17-730 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-17-730. (A) As used in this section:
(1) `Peeler crab' means a blue crab (Callinectes sapidus), having a new soft shell fully developed under the hard shell and having a definite white, pink, or red line or rim on the outer edge of the back fin or flipper.
(2) `Soft shell crab' means a peeler crab which has recently has shed its hard shell.
(B) Notwithstanding the provisions of Section 50-17-720, any a person engaged in the catching, taking, or transporting of peeler crabs or in shedding peeler crabs for the purpose of producing soft shell crabs is required to have a valid permit or identification card issued by the department.
(C) Permits under this section must be issued only to bona fide dealers engaged in shedding peeler crabs and in possession of a valid license as provided in Section 50-17-180. The permits must be are in addition to any other licenses and permits required by law. The fee for each permit is seventy-five dollars annually for the license period beginning July first. Identification cards may be issued to a permit holder under this section to be used by persons employed by him to catch and transport peeler crabs to his shedding operation.
(D) The department has authority to inspect the business premises of any a person engaged in shedding peeler crabs.
(E) On each permit issued under this section the department has the authority to specify:
(a)(1) the area from which peeler crabs may be caught or taken by gear other than crab pots;
(b)(2) the types of gear or fishing equipment which may be used to take peeler crabs;
(c)(3) catch reporting requirements;
(d)(4) boat identification requirements;
(e)(5) any other provisions the department considers necessary to carry out the provisions of this section.
(F) Any A person violating the provisions of this section or any of the permit conditions of the Marine Resources Division of the department is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned thirty days. Upon conviction for a second offense, any permits issued under this section must be suspended for thirty days. Any A boat, with its equipment and rigging found engaged in the taking of peeler crabs after the permits have been suspended, must be confiscated and, upon conviction, must be sold as prescribed in Section 50-17-650."
SECTION 273. Title 50 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding:
Section 50-27-10. The following words or phrases have the definition given unless clearly specified otherwise:
1. `Board of the department' means the governing board of the Department of Natural Resources.
2. `Department' means the Department of Natural Resources.
3. `Advisory board' means the Heritage Trust Advisory Board.
4. `Natural area' means an area of land or water, or a combination thereof, generally, but not necessarily, large in size. Such an area may be in public or private ownership and shall contain relatively undisturbed ecosystems, landforms, threatened, endangered, or unique plant life or animal habitats, or other unusual or outstanding scientific, educational, aesthetic, or recreational characteristics.
5. `Natural feature' means an area of land or water, or a combination thereof, which is generally, but not necessarily, small in size. Such area may be in public or private ownership and shall contain or consist of outstanding remnants or natural elements of surviving undisturbed natural ecosystems such as record size individual species of plant life, nests or rookeries, geological formations, or objects of special scientific, educational, aesthetic, or recreational character.
6. `Cultural area or feature' means an area or feature which provides an outstanding example of our historical or archeological heritage. Such an area or feature shall be a site of special historic interest or contain outstanding remnants or elements of the way of life and significant events of our past so that through their preservation and the restoration of related existing structures, or the development of a historic area, as well as through study, investigation and examination of the material remains in that life, a record may be preserved of the interrelationship and effect between man's activities and his surrounding environment. A cultural area or feature may be one that is either publicly or privately owned.
7. `Heritage Preserve' means a natural or cultural area or feature which is `dedicated' under this chapter.
8. `Heritage Site' means a natural or cultural feature which has been recognized as such through `registration' under this chapter.
9. `Dedicate or dedication' means the process by which any natural or cultural area or feature shall be established as a Heritage Preserve in accordance with the procedures set out in Section 50-27-80. Dedication may result from either of the following methods, but no power of eminent domain is hereby conferred or granted to the board of the department, the advisory board, or the department under this chapter:
(a) `Acquisition' means the establishment of a Heritage Preserve whereby the owner of a natural or cultural area or feature transfers the fee simple interest therein to the board of the department for such purpose; or
(b) `Acceptance' means the establishment of a Heritage Preserve whereby the owner of a natural or cultural area or feature transfers less than the fee simple interest therein to the board of the department for such purpose. Examples are granting of a `conservation or open space easement' or the transfer of title subject to a life estate or reverter. Interests in real estate of a term of years shall not qualify for dedication under this chapter.
10. `Register' or `registration' means the process by which the owner of a natural or cultural feature shall enter into a written agreement with the board of the department recognizing the unique and outstanding characteristics thereof in accordance with the procedures set out in Section 50-27-100.
11. `Priority areas and features list' means the list made up of those areas and features recommended by the advisory board, and approved by the board of the department, under this chapter whose preservation is of primary importance to the goals and purposes of this chapter and which are, therefore, eligible to be included as Heritage Preserves and Sites.
12. `The Heritage Trust Program' means the entire system established under this chapter to provide for the inventorying, preservation, use and management of unique and outstanding natural or cultural areas and features in this State. The term `Heritage Trust' means the legal trust which is created under Section 50-27-90.
Section 50-27-20. The General Assembly finds that as a part of the continuing growth of the population and the development of the economy of the State it is necessary and desirable that portions of the state's rich natural and cultural diversity be set aside as Heritage Preserves and Sites and protected for the benefit of present and future generations, for once disturbed they cannot be wholly restored. Such areas and features are irreplaceable as laboratories for scientific research; as reservoirs of natural materials for which the value and usefulness thereof is not yet fully known; as habitats for rare and vanishing species; and as living museums where people may observe natural biotic and environmental systems and as areas for study and enjoyment as examples of the lands, structures and related artifacts which represent significant parts of our historical and cultural heritage.
While a number of independent and differing efforts, both private as well as governmental, have been initiated to protect some of these assets, a coordinated and concerted program is needed in order to avoid duplication among these and other valuable activities and to ensure the maximum conservation of these resources through the establishment of a more effective and adequate official legal mechanism for identifying, recognizing, and protecting such areas for their outstanding characteristics. While the preservation of all of these assets in their natural state is both impractical and often not necessarily in the total best interest of the State and the public, they exist in limited and decreasing quantities. The time is now for a decision to be made as to which of these areas and sites deserve increased protection and for selecting the most appropriate means for doing so.
It is therefore the public policy of this State to secure for the people, both present and future generations, the benefits of an enduring resource of natural and cultural areas and features by establishing a system of Heritage Preserves and Sites; protecting this system; gathering and disseminating information regarding it; establishing and maintaining a listing of Heritage Preserves and Sites; and otherwise encouraging and assisting in the preservation of natural and cultural areas and features of this State.
Section 50-27-30. The Heritage Trust Program is created to achieve the following goals by protecting lands and making them available to state agencies, educational institutions, and public and private groups for the following purposes:
1 For research in such fields as archeology, agriculture, conservation, ecology, forestry, genetics, geology, history, paleontology, pharmacology, soil science, taxonomy, and similar fields by governmental employees, educational and scientific groups as well as by private individuals.
2. For the teaching of archeology, biology, conservation, ecology, geology, history, natural history, and other subjects.
3. As habitats and places for maintaining plant and animal species in communities.
4. As reservoirs of natural and cultural materials.
5. As places of natural and cultural interests and beauty whereby through visitation the public may observe, value, and enjoy natural and cultural processes and events. Unique recreational opportunities of a type not generally available through the existing State Park System may be provided, including outdoor sporting usage such as hunting and fishing as well as aesthetics, where wholly compatible and consistent with the character of the area or feature.
6. As benchmarks against which to measure such processes or events as well as the environmental degradation from natural and unnatural influences.
7. To promote the understanding and appreciation of the aesthetic, cultural, and scientific values of such areas and features by the people of the State.
8. For the preservation and protection of Heritage Preserves and Sites against modification or encroachment resulting from occupation, development, or other uses which would destroy their natural and cultural character.
9. As places for maintaining representative lands and related structures which illustrate periods, events, styles, and uses of the land in our state's historic and cultural heritage.
Section 50-27-40. The board of the department shall have the following duties, responsibilities, and powers under this chapter:
1. To serve as trustee of the trust created under this chapter and to carry out the powers, duties, and responsibilities thereunder;
2. To supervise the establishment, updating and maintenance of a statewide inventory of the natural and cultural resources and the maintenance of a list of those areas and features selected or established under this chapter as priority areas and features or as Heritage Preserves and Sites;
3. To select from the recommendations of the advisory board those natural and cultural features, the preservation of which is of primary importance to the goals and purposes of this chapter, and to classify such as priority areas and features;
4. To select from the recommendations of the advisory board those priority areas and features which should be dedicated or recognized as Heritage Preserves or Sites, and thereafter to establish as such through dedication or recognition;
5. To select from the recommendations of the advisory board those Heritage Preserves, interests therein or portions thereof, deserving of protection under the Heritage Trust and thereafter to transfer same into the corpus of the trust.
6. To conduct public hearings on the question of whether any particular natural or cultural area or feature should be established as a Heritage Preserve or Site, or on the uses or nonuses which shall apply to any area dedicated under the Heritage Trust Program;
7. To manage or provide for the management of Heritage Preserves through the promulgation of rules and regulations designed to preserve the primary natural character of such areas or features and to provide the maximum public usage thereof which is compatible and consistent with the character of the area. Management duties and responsibilities may be assigned to any governmental or private group, with its consent, with respect to any particular Heritage Preserve;
8. To cooperate with and to enter into agreement with other state, federal, county, and local units of government as well as private groups for the promotion of the purposes of this chapter including the carrying out of other requirements under federal and state law.
9. To report annually to the Governor and to the General Assembly as to the activities of the Heritage Trust Program and its future plans, and to make any specific recommendations which it feels, if implemented, would assist in achieving the goals and purposes of this chapter.
Section 50-27-50. The Heritage Trust Advisory Board is hereby created to assist the board of the department in carrying out its duties and responsibilities under this chapter. The advisory board shall consist of seventeen members who shall be chosen as follows and shall elect from its membership a chairman:
1. From the general public, six persons, one from each congressional district within the State, who shall be appointed by the Governor and serve for a term of six years. Of these six, four persons shall be from the scientific community who are recognized and qualified experts in the ecology of natural areas, and two persons shall be from the cultural community who are recognized and qualified experts in the history and archeology of the State. The term `expert' does not of necessity denote a professional but one learned and interested in the field.
2. From state government, the following persons or their designees:
A. The Chairman of the board of the Department of Natural Resources;
B. The Director of the Department of Natural Resources;
C. The Director of the South Carolina Department of Parks, Recreation and Tourism;
D. The Director of the Department of Environmental Control;
E. The Director of the South Carolina Department of Archives and History;
F. The State Forester;
G. The State Archeologist;
H. The Director of the State Museum; and
I. The Director of the Department of Commerce.
Provided, however, of the initial appointees under this section, that of the six persons appointed under Item 1 above, two shall serve for a term of two years, two for a term of four years, and two for a term of six years.
Section 50-27-60. The Heritage Trust Advisory Board shall have the following powers and duties:
1. To review the inventories prepared and submitted by the department and other state agencies as well as other appropriate sources of information and to recommend therefrom to the board of the department the selection of those areas and features as priority areas and features that it deems to be of primary importance to the goals and purposes of this chapter.
2. To evaluate, review and examine proposals of the department and other state agencies as well as citizen recommendations for the dedication or recognition of specific areas and features as Heritage Trust Preserves and Sites, and from its expertise to recommend to the board of the department the dedication or recognition of such areas and features which it feels proper.
3. To recommend to the board of the department any rules, regulations, management criteria, allowable uses and such which the advisory board feels would be beneficial to carrying out the goals and purposes of this chapter.
4. To appoint technical committees consisting of experts in specialty areas dealing with the ecology, history, and archeology of our State and any other type committees that the advisory board feels can be of assistance in fulfilling its duties and responsibilities under this chapter.
5. To assist in maintaining a list of areas and sites which through dedication become Heritage Trust Preserves or Sites and to make public information regarding their location, management, regulation, and permissible public uses and the like.
6. To authorize research and investigation for inventory and assessment purposes, including the reasonable right of entry and inspection, and to disseminate information and recommendations pertaining to natural and related cultural areas and features.
Section 50-27-70. The department shall act as the basic staff for the board of the department and the advisory board and shall have the following powers and duties:
1. The director shall select a member of his staff who shall be primarily responsible for the administration of the Heritage Trust Program.
2. The department shall supply such other staff and support services as the board of the department and the advisory board require to fulfill their duties and responsibilities under this chapter.
3. The department shall maintain a public record of any inventories or lists established under this chapter.
4. The department shall work with owners, both public and private, in the development of proposals for the dedication and recognition of natural and cultural areas and features as Heritage Preserves and Sites, and it shall keep the advisory board informed of the same in order that therefrom the advisory board may make recommendations to the board of the department as provided under this chapter.
5. The department shall consult with and work in cooperation with the Department of Archives and History, the State Archeologist, the Department of Parks, Recreation and Tourism and any other state, county, or local unit of government, or any private entity, or group which is or should be directly involved in the Heritage Trust Program as well as in any particular efforts to preserve or protect any specific area or feature under the provisions of this chapter. In all cases, the department shall attempt to avoid duplication of effort with other agencies and groups and shall have no mandatory authority hereunder to require action by any such body.
Section 50-27-80. Upon recommendation of the advisory board and approval by the board of the department, any area or feature on the `Priority Areas and Features List' may be established as a Heritage Preserve through the process of dedication. In addition to the transfer of either the fee simple interest or a lesser interest therein such as an open space easement, the owner of any such area or feature must enter into a written `Dedication Agreement' with the department whereby any restrictions, conditions, permissive and nonpermissive uses of the area or feature involved are clearly stated. Once the necessary deed, easement or the like has been filed along with the `Dedication Agreement' in the real estate records for the county in which the area or feature is located, the process of dedication shall be complete and a Heritage Preserve shall have formally been established.
No area or feature of primarily cultural significance or character shall be dedicated unless the Archives and History Commission approves thereof. The following restrictions shall apply to all Heritage Preserves:
1. The primary dedication as a Heritage Preserve shall be to preserve and protect the natural or cultural character of any area or feature so established. The board of the department and its agents shall in all cases maintain the essential character of any area or feature dedicated, and as such they are hereby declared to be at their highest, best and most important use for the public benefit. No Heritage Preserve shall be taken for any other public purpose unless the approval of both the board of the department and the Governor has been obtained. In no case shall any Heritage Preserve be taken for any private use.
2. An acquisition by dedication shall be in perpetuity.
3. In any case where an area or feature is dedicated as a Heritage Preserve through acceptance of less than the fee simple interest therein, no management of such property shall be performed by state agencies or their employees and no public funds shall be utilized in the upkeep or general maintenance of such property; provided, in the case where public usage of such area or feature is compatible and consistent with the natural character of the property and the owner is agreeable to allow such as defined under this chapter, reasonable costs of maintenance and management may be borne by the State.
4. No acquisition of any area or feature as a Heritage Preserve shall be allowed whereby the department receives the fee simple interest in the property while the grantor or transferor retains the beneficial use or interests in the land except where total and complete public usage of the area or feature as allowed under this chapter is agreed to in the `Dedication Agreement'.
5. Within ninety days from the date of the completion of the dedication process by which an area or feature is established as a Heritage Preserve, or as soon thereafter as possible, the department shall recommend a management plan for the area or feature concerned. Such proposed plan shall include recommendations as to the uses and nonuses to which the property should be put, recommendations as to whether all or a part of the area or feature is deserving of increased protection through inclusion in the Heritage Trust, the projected cost of the management of the property, and recommendations as to whether or not a user fee would be appropriate. All state, federal, county, local, and private groups interested in the area or feature involved shall be allowed to have input into the proposed management plan. The plan shall be considered by the advisory board, and therefrom the advisory board shall propose to the board of the department an overall management plan for the area or feature concerned. Upon approval by the board of the department of a plan, the department or that agency or group authorized by the board of the department shall manage the Heritage Preserve in accordance therewith.
Section 50-27-90. There is hereby created the South Carolina Heritage Trust, the trustee of which shall be the Board of the South Carolina Department of Natural Resources. The corpus of the trust shall be made up of those Heritage Preserves which the board of the department considers to be of such outstanding and unique natural or cultural character so as to be significant and essential to the carrying out of the goals and purposes of this chapter and as such, to merit a greater degree of preservation than that provided by dedication. The board of the department shall have authority to place into the corpus of the trust any Heritage Preserve that it feels meets this criteria and which has been recommended for inclusion therein by the advisory board. The beneficiaries of this trust are and shall be the present and future generations of citizens of the State, more particularly those present and future citizens residing within a close proximity to any area or feature which itself, or an interest therein, becomes, constitutes, or comprises a part of the corpus of such trust and who actually enjoy use of such area or feature; and further and more particularly, those present and future students, teachers, and persons residing in the State who are concerned with conservation or with research in any facet of ecology, history, or archeology and who actually utilize any such area or feature for the promotion of such interest.
Wherever the term `area or feature' is used in this section, it shall include `or interests therein'. The following, except as otherwise expressly provided, shall constitute substantive terms of the trust and apply to any area or feature which becomes a part of the corpus thereof:
1. Upon approval by the board of the department of the inclusion of a Heritage Preserve in the corpus of the South Carolina Heritage Trust, such transfer shall be recorded in the county in which the property is located and shall establish conclusive proof that such area or feature is suitable for preservation and protection under this chapter and constitutes a part of the corpus of the South Carolina Heritage Trust.
2. In any case wherein the previous owner of a Heritage Preserve has restricted such area or feature from inclusion in the South Carolina Heritage Trust, or where the previous owner has withheld an interest therein such as a life estate or reverter, the Heritage Preserve involved shall not be allowed to become a part of the corpus of the South Carolina Heritage Trust unless at a subsequent time such approval is obtained from such person or his successor in interest.
3. Upon the approval by the board of the department of the inclusion of any Heritage Preserve in the South Carolina Heritage Trust and the transfer of the title or interest held by the board of the department therein to the trust, subject to the provisions of Item 2 of this section, legal title to such area or feature shall be conveyed to the trustee of the South Carolina Heritage Trust and the equitable, or beneficial ownership, shall rest in those beneficiaries previously stated and described, whether such property was owned by a private or public source prior to dedication.
4. Upon approval by the advisory board, the department, the board of the department, and any agency of the State is hereby authorized to enter into agreement in advance with any person, firm, corporation, legal entity of government, or any private group that any particular area or feature shall be conveyed to the trustee in trust under the provisions of this chapter.
5. Upon approval by the board of the department of inclusion of any Heritage Preserve into the corpus of the South Carolina Heritage Trust, the advisory board shall review the management plan therefor as well as the `Dedication Agreement' and any other sources of information which it may consider appropriate. Upon approval thereof by the board of the department, the department, or that agency or group assigned management responsibilities therefor, shall manage the property in accordance therewith. Except to the extent expressly otherwise provided in the `Dedication Agreement', the following substantive terms shall be deemed to be set forth in the conveyance to the Heritage Trust and the trustee shall hold such property in trust subject to such terms:
(a) The essential natural character of the property shall be maintained.
(b) There shall be no erection of any improvements thereon except those minimal improvements necessary for the security, safety, or convenience of the public and those required for maintenance and management.
(c) Cutting or burning of timber, wood or other destruction of flora or fauna shall be permitted only for conservation or regeneration of flora or fauna; or for the control of plant succession by deliberate manipulation for restoration of preservation of a particular vegetation type or of an endangered species of flora, fauna or wildlife; or for the establishment and maintenance of nature and hiking trails, camping areas and the like where compatible and consistent with the character of the area or feature concerned and not seriously damaging or detrimental to the natural quality of the property.
(d) No stream shall be dammed or have its course altered.
(e) No motorized vehicles shall be permitted on the property other than those utilized by the trustee or its agents in management and protection of the property or used by the general public for ingress and egress to the property in compliance with the management plan for the area or feature concerned.
(f) No change shall be made in the general topography of the area or feature except for those minimal alterations which may be necessary to provide on-foot access to the public for visitation, or observation; and this shall be done only where wholly compatible and consistent with the character of the property and where no detrimental effect shall result.
(g) No activity shall be allowed or permitted which might pollute any stream, body of water, or the atmosphere.
(h) No signs, billboards or other advertising of any kind shall be erected; however, informational and directional signs related to the designation of the area or feature as a Heritage Preserve and related to the public's enjoyment thereof shall be allowed when approved by the trustee.
(i) No other acts or uses which are detrimental to the retention of the property in its natural state shall be allowed, including those detrimental to flood control, drainage, water conservation, erosion control or soil conservation, or fish or wildlife habitat preservation.
(j) Where cultural areas or features are involved, reasonable excavation, improvement and the like shall be allowed for research purposes as well as to restore such area or feature.
(k) The trust shall continue in perpetuity.
(l) Nothing in this chapter shall be interpreted as restricting the use of an existing or any future easement, express or implied, in favor of any utility or other holder of an easement for public purposes.
6. Those natural and related cultural areas and features which are acquired as Heritage Preserves in accordance with the trust provisions of this chapter are hereby declared to be as such at their highest, best and most important use for the public benefit. The State, any agencies thereof, local or county entities of government, or public utility which has the power of condemnation by law may acquire by purchase, gift, or eminent domain an easement or other interest in any property comprising a part of the corpus of the Heritage Trust; provided, however, that before any such condemnation shall occur a court of competent jurisdiction shall determine the following:
(1) there is an unavoidable and imperative public necessity that the property or interest therein be taken for another public use;
(2) that there is no feasible and prudent alternative for the proposed use for which the property or interest therein is to be taken; and
(3) that the proposal for taking includes all possible planning to minimize the harm done to such property resulting from such proposed use. Where the court deems appropriate, a public hearing shall be conducted prior to the court's decision to allow comment and input thereto. No city, county, public district, agency of the State, or public utility of the State shall acquire any real property which is a part of the corpus of the Heritage Trust through condemnation for the purpose of utilizing such property for another public use unless the acquiring entity pays or transfers to the Heritage Trust sufficient compensation to enable the operating entity to replace the real property and facilities thereon. The trustee of the trust shall have authority to utilize such proceeds to acquire additional property for the trust and to maintain those properties which form the corpus of the trust.
7. The common law of South Carolina pertaining to trusts shall be applicable to the Heritage Trust and to all areas or features, or interests therein, which become a part of this corpus. Without in any way limiting the generality of the foregoing, such trusts shall not fail for want of a trustee, and the trust shall be terminated as to any particular area or feature, or interest therein, only upon total failure of the intended purpose. Any substitution of the trustee or termination of the trust as to any particular area or feature, or interests therein, shall occur only after appropriate judicial action wherein the beneficiaries are adequately represented, and such total failure shall not in any way affect the remainder of the property within the corpus of the trust.
8. The trustee shall hold, manage, preserve and enforce the various areas and features, or interests therein, which become a part of the corpus of the trust in accordance with the terms of this chapter and in any respective conveyances and transfers thereto. To that end the trustees may adopt and modify rules and regulations for the use and enjoyment of such trust properties by the public, and may employ or appoint agents to act on their behalf in the management of such properties.
Section 50-27-100. In any case wherein a priority feature is either unsuited or unavailable for acquisition as a Heritage Preserve, the board of the department in agreement with the owner thereof may recognize such for its importance by registering it as a Heritage Site through the following registration procedures:
1. The department through its research and consultation with the owners of properties selected as priority features shall notify the advisory board of those which are unsuited or unavailable for dedication but for which the owners have made application for recognition as Heritage Sites through registration.
2. The advisory board shall review such applications and shall recommend to the board of the department the approval of those which it deems worthy of preservation through registration as Heritage Sites.
3. From the advisory board's recommendations, the board of the department shall approve those applications for recognition as Heritage Sites which it deems deserving and appropriate for carrying out the purposes of this chapter.
4. Upon approval of an application by the board of the department, the department may enter into a written agreement of registration with the owner of the feature concerned whereby the State shall give public recognition of the importance of the area or feature as a Heritage Site and the owner shall express his intent to preserve it.
5. The department shall erect and maintain an appropriate sign on the Heritage Site indicating its recognition and the owner thereof shall be given a certificate acknowledging its registration.
6. The registration agreement may be terminated by the owner or the board of the department at any time upon thirty days' notification to the other party. Such termination shall remove the feature from the Heritage Site Program, and any certificate previously issued therefor or sign erected shall be returned to the department by the property owner.
7. Unless the registration agreement is terminated, the owner of a Heritage Site shall maintain its essential natural character.
Section 50-27-110. The department shall include those costs and operating expenses necessary for the activities of the board of the department and the advisory board as well as staff support to carry out the provisions of this act in the annual State Appropriation Act. Funding for management of areas and features which become Heritage Preserves must be specifically requested by the department or that entity of government responsible for management thereof.
The board of the department shall select those Heritage Preserves for which it is appropriate to charge an individual user fee. The department may sell such user permits for a cost not to exceed five dollars and to be valid for the fiscal year in which issued at all Heritage Preserves where a permit is required. At the end of the fiscal year, the department shall distribute the funds collected among the entities of government assigned responsibility for management in direct proportion to the acreage which they manage. The proceeds of the sale of the user permits must be used to defray the management expenses.
Section 50-27-115. There is created the Heritage Land Trust Fund, which must be kept separate from any other funds of the State. The fund must be administered by the board of the department for the purpose of acquiring fee simple or lesser interest in priority areas, legal fees, appraisals, surveys, or other costs involved in the acquisition of interest in priority areas, and for the development of minimal facilities and management necessary for the protection of the essential character of priority areas. Expenditures under this section for management may not exceed ten percent of revenues to the fund in any fiscal year.
Unexpended balances, including any interest derived from the fund, must be carried forward each year and used only for the purposes provided in this chapter.
No fund money may be expended to acquire interest in property by eminent domain nor may the funds be expended to acquire interest in property without a recommendation of the Heritage Trust Advisory Board and the approval of the State Budget and Control Board.
The board of the department shall report by letter to the presiding officers of the General Assembly not later than January fifteenth each year all funds expended pursuant to this chapter for the previous year, including the amount of funds expended and the uses to which the expenditures were applied.
The Trust Fund is eligible to receive appropriations of state general funds, federal funds, donations, gifts, bond issue receipts, securities, and other monetary instruments of value. Reimbursement for monies expended from this fund must be deposited in this fund. Funds received through sale, exchange, or otherwise of any Heritage Preserve acquired under this section, or any products of the Preserve such as timber, utility easement rights, and the like, accrue to the fund.
Section 50-27-120. Nothing contained in this chapter shall be construed as interfering with the purposes stated in the establishment of or pertaining to any state or local park, preserve, wildlife refuge, forest or other area or the proper management and development thereof, except that any agency managing an area or feature acquired as a Heritage Preserve or a Heritage Site under the provisions of this chapter shall preserve it in accordance with the applicable conveyance, registration agreement and the rules and regulations of the board of the department applicable thereto.
Neither the acquisition of any Heritage Preserve nor the registration of any Heritage Site nor any action taken by the board of the department under any of the provisions of this chapter shall void or replace any protective status under law which an area would have were it not a Heritage Preserve or Heritage Site, the protective provisions of this chapter being supplemental thereto.
Section 50-27-130. 1. Enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, park rangers, and forestry rangers, as well as all other state and local law enforcement officials, shall have authority to enforce the provisions of this chapter.
2. The Attorney General shall enforce the rules and regulations of the board of the department both as they apply to those areas dedicated as well as those that are subsequently made a part of the corpus of the South Carolina Heritage Trust. In exercise of this authority, the Attorney General may, among other things and at the request of the board of the department, bring an action for injunctive or declaratory relief in any court of competent jurisdiction.
3. (a) Any person violating the provisions of this chapter where the damage to the property does not exceed five hundred dollars is guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or be imprisoned not more than thirty days for each offense.
(b) Any person violating the provisions of this chapter where the damage to the property exceeds five hundred dollars is guilty of a misdemeanor and, upon conviction, shall be fined not less than five hundred dollars nor more than five thousand dollars or be imprisoned not more than six months, or both, for each offense.
Section 50-27-140. Not more than one hundred thousand acres total of real property shall be acquired in fee under the provisions of this chapter. Moreover, no acquisition shall be made under this chapter in any county without written approval of a majority of the county delegation in the county where the property is located.
Section 50-27-150. The South Carolina Department of Natural Resources, as trustee for the Heritage Land Trust Fund, shall report annually to the Committee on Ways and Means of the House of Representatives and the Senate Finance Committee detailing acquisitions in the previous year by the Heritage Land Trust Fund and planned acquisitions for the next five years."
SECTION 274. The first paragraph of Section 51-3-60 of the 1976 Code is amended to read:
"Any A South Carolina resident who is over sixty-five years of age or disabled or legally blind as defined in Section 43-25-20 of the 1976 Code may use any facility of a state park except campsites, overnight lodging, and recreation buildings without charge. Such These residents also may also use campsite facilities at one-half of the prescribed fee. A person exercising this privilege on the basis of age shall present his medicare card or other card approved by the South Carolina Commission Division on Aging in the Office of the Governor to the employee of the State Department of Parks, Recreation and Tourism who is in charge of the particular state park, and a person who is disabled or legally blind shall present to such the person in charge of the park a certificate to that effect from a licensed doctor of medicine or an official of an agency authorized by law to make determinations of disability or blindness. The authorization for use of the facilities as provided by this section shall is not be effective if it conflicts with any federal law, rule, or regulation."
SECTION 275. Section 51-13-860 of the 1976 Code is amended to read:
"Section 51-13-860. The State Budget and Control Board may transfer to the authority an amount not to exceed six million dollars from the funds made available to the South Carolina Coordinating Council for Economic Development of the Department of Commerce pursuant to Section 12-27-1270, for the purpose of the authority participating in any court approved settlement of the claims and litigation brought against the authority, or its officers, employees, or agents and arising from, related to, or connected with the development of a hotel and marina complex upon the lands of the authority, and for those other operating expenses necessary for the further development of the authority. This transfer is considered a loan to the authority, and it must be for a period not to exceed three years as determined by the Budget and Control Board and must be free of interest for that period."
SECTION 276. Section 53-3-100 of the 1976 Code is amended to read:
"Section 53-3-100. A committee is created to choose and honor the `South Carolina Family of the Year' which must be recognized by the presentation of an appropriate award by the Governor on Saturday of `Family Week in South Carolina'. The committee is composed of one member appointed by the Governor and one member appointed by the head of each of the following state agencies: the Department of Parks, Recreation and Tourism, the Department of Youth Services Juvenile Justice, the South Carolina Commission Division on Aging of the Office of the Governor, the Department of Social Services, the Commission on Department of Alcohol and Other Drug Abuse Services, and the Department of Agriculture Clemson College Extension Service. The terms of the members are for four years and until their successors are appointed and qualify. The committee shall meet as soon after the appointment of its members as practicable and organize by electing one of its members as chairman, one as secretary, and such other officers that it may determine. The expenses of the committee must be paid by the Department of Parks, Recreation and Tourism from funds appropriated for this purpose."
SECTION 277. Section 55-1-1 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 55-1-1. There is created a Division of Aeronautics State Aviation Administration as a division within the Department of Commerce which shall be governed by the Director of the Department of Commerce as provided in Chapter 1 of Title 13."
SECTION 278. Section 55-1-5 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 55-1-5. For the purposes of Chapters 1 through 9 of Title 55, the following words and terms are defined as follows:
(1) `Division', unless otherwise indicated, means the Division of Aeronautics State Aviation Administration of the Department of Commerce.
(2) `Director', unless otherwise indicated, means the executive and administrative head of the Department of Commerce or his designee.
(3) `Deputy Director or Designee' means the person or persons appointed by the Director, serving at his will and pleasure as his designee, to supervise and carry out the functions and duties of the Division of Aeronautics State Aviation Administration as provided for by law."
SECTION 279. Section 55-5-50 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 55-5-50. The director shall employ a deputy director of aeronautics aviation who is or has been a commercial pilot with instrument rating and such other employees as necessary for the proper transaction of the division's business."
SECTION 280. Section 55-5-190 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 55-5-190. The division, its members and employees and every county and municipal officer charged with the enforcement of state and municipal laws shall enforce and assist in the enforcement of this chapter. The division may also in the name of the State enforce the provisions of this chapter by injunction in the circuit courts of this State. Other departments and political subdivisions of the State may also cooperate with the Division of Aeronautics State Aviation Administration of the Department of Commerce in the development of aeronautics and aeronautic facilities within the State."
SECTION 281. Section 55-8-10(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(a) `Agency' means the Division of Aeronautics State Aviation Administration of the Department of Commerce."
SECTION 282. Section 55-11-10(5) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(5) Designate the Division of Aeronautics State Aviation Administration of the Department of Commerce as its agent, to accept, receive, receipt for and disburse federal or state funds or other funds, public or private, made available for the purposes of this section, as may be required or authorized by law;" SECTION 283. Section 55-15-10(f) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(f) The term "public authority" means the Division of Aeronautics State Aviation Administration of the Department of Commerce, a municipality, a county or other political subdivision of this State, separately or jointly, authorized to acquire land, air rights, safety markers, and lights as provided in Chapter 9 of Title 55."
SECTION 284. Section 56-1-80 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-1-80. Every application for a driver's license or permit must:
(1) be made upon the form furnished by the department;
(2) be accompanied by the proper fee, and acceptable proof of date and place of birth;
(3) contain the full name, date of birth, sex, race, and residence address of the applicant and briefly describe the applicant;
(4) state whether the applicant has been licensed as an operator or chauffeur and, if so, when and by what state or country; and
(5) state whether any such license has ever been suspended or revoked or whether an application has ever been refused and, if so, the date of and reason for such suspension, revocation, or refusal.
Whenever application is received from a person previously licensed in another state, the Department of Revenue and Taxation in conjunction with the Department of Public Safety, shall request a copy of the applicant's record from the other state. When received, the record becomes a part of the driver's record in this State with the same force and effect as though entered on the operator's record in this State in the original instance. Every person who obtains a driver's license for the first time in South Carolina, and every person who renews his driver's license in South Carolina must be furnished a written request form for completion and verification of liability insurance coverage.
The completed and verified form or an affidavit prepared by the department Department of Public Safety that neither he, nor any resident relative, owns a motor vehicle subject to the provisions of this chapter, must be returned to the department within thirty days from the date the license is issued or renewed. Failure to return the form or affidavit results in the suspension of the newly issued or renewed driver's license until a properly executed form or affidavit is returned to the department." SECTION 285. Section 56-1-135 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-1-135. (A) Notwithstanding the provisions of Section 56-1-130, a paid or volunteer firefighter of a lawfully and regularly organized fire department designated to drive a firefighting vehicle may have a special endorsement affixed to his driver's license which authorizes him to drive this vehicle for the purpose of carrying out the duties and responsibilities of a fire department and related activities.
(B) Every political subdivision and unincorporated community operating a lawfully and regularly organized fire department of this State shall designate a law enforcement officer or the fire chief or his designee as its safety officer. The safety officer shall meet the qualifications set forth in the department Department of Public Safety guidelines. However, he does not have to be a full-time employee. A firefighter desiring to drive the vehicle referred to in subsection (A) shall demonstrate his ability to exercise ordinary and reasonable control in the operation of this vehicle to a safety officer. The fire department, including volunteer fire departments, shall submit to the department Department of Public Safety a list of the persons designated to drive the vehicle.
(C) It is the responsibility of the agency or fire department who operates the vehicle to keep the list of designated drivers current. Changes in the list of drivers must be reported to the department Department of Public Safety within thirty days from the change."
SECTION 286. Section 56-1-221(A) of the 1976 Code is amended to read:
"(A) There is created an advisory board composed of thirteen members. One member must be selected by the Commissioner Director of the Department of Health and Environmental Control from his staff, ten members must be appointed by the South Carolina Medical Association, and two members must be appointed by the South Carolina Optometric Association. The member selected by the Commissioner Director of the Department of Health and Environmental Control must be the administrative officer of the advisory board. To the maximum extent possible, the members of the board appointed by the South Carolina Medical Association and the South Carolina Optometric Association must be representative of the disciplines of the medical and optometric community treating the mental or physical disabilities that may affect the safe operation of motor vehicles. The identity of physicians and optometrists serving on the board, other than the administrative officer, may must not be disclosed except as necessary in proceedings under Sections 56-1-370 or 56-1-410. The members of the board may receive no compensation.
SECTION 287. Section 56-1-221(B) of the 1976 Code is amended to read:
"(B) The board shall advise the executive director of the department Department of Public Safety on medical criteria and vision standards relating to the licensing of drivers."
SECTION 288. Section 56-1-225, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-1-225. (a) Any person licensed to drive a motor vehicle in this State who is involved as a driver in four accidents in any twenty-four month period, which are reported to the director Director of the Department of Public Safety, may, in the discretion of the department Department of Public Safety, be required to take any portion of the driver's license examination deemed appropriate. Any person who has had four such accidents and fails to submit to such test within thirty days after having been notified by the department Department of Public Safety shall have his driver's license suspended until he takes and passes such test.
(b) The director Director of the Department of Public Safety shall promulgate regulations to implement the provisions of this section."
SECTION 289. Section 56-1-1320 of the 1976 Code is amended to read:
"Section 56-1-1320. A person with a South Carolina driver's license, a person who had a South Carolina driver's license at the time of the offense referenced below, or a person exempted from the licensing requirements by Section 56-1-30, who is or has been convicted of a first offense violation of an ordinance of a municipality, or law of this State, that prohibits a person from operating a vehicle while under the influence of intoxicating liquor, drugs, or narcotics, and whose license is not presently suspended for any other reason, may apply to the motor vehicle division of the department Department of Revenue to obtain a provisional driver's license of a design to be determined by the department Department of Public Safety to operate a motor vehicle. The person shall enter an Alcohol and Drug Safety Action Program as provided for in Section 56-1-1330, shall furnish proof of responsibility as provided for in Section 56-1-1350, and shall pay to the department Department of Revenue a fee of five dollars for the provisional driver's license. The provisional driver's license is not valid for more than six months from the date of issue shown on the license. The determination of whether or not a provisional driver's license may be issued pursuant to the provisions of this article as well as reviews of cancellations or suspensions under Sections 56-1-370 and 56-1-820 must be made by the Director of the Department of Public Safety or his designee."
SECTION 290. Section 56-1-1330 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-1-1330. The provisional driver's license provision must include a mandatory requirement that the applicant enter an Alcohol and Drug Safety Action Program certified by the South Carolina Commission on Alcohol and Drug Abuse Department of Alcohol and Other Drug Abuse Services and be assessed to determine the extent and nature of an alcohol and drug abuse problem, if any, and successfully complete treatment or education services recommended by the program. The applicant shall bear the cost of the services which must be determined by the administering agency and approved by the South Carolina Commission on Alcohol and Drug Abuse Department of Alcohol and Other Drug Abuse Services. The cost may not exceed seventy-five dollars for assessment, one hundred twenty-five dollars for education services, two hundred twenty-five dollars for treatment services, and three hundred dollars in total for any and all services. The commission shall recommend subsequent cost changes on an annual basis subject to the approval of the General Assembly. If the applicant fails to complete successfully the services as directed by the Department of Public Safety, the South Carolina Commission on Alcohol and Drug Abuse Department of Alcohol and Other Drug Abuse Services shall notify the Department of Public Safety, and the provisional driver's license issued by the department must be revoked, and the suspension imposed for the full periods specified in Section 56-5-2990, the suspension to begin on date of notification to the individual."
SECTION 291. Section 56-1-2100(D) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(D) Within ten days after issuing a commercial driver license, the department Department of Public Safety must notify the Commercial Driver License Information System of that fact, providing all information required to insure ensure identification of the person."
SECTION 292. Section 56-3-1010(3) of the 1976 Code, as added by Section 90, Part II, Act 164 of 1993, is amended to read:
"(3) `Department' means the South Carolina Department of Highways and Public Transportation Revenue."
SECTION 293. Section 56-5-2950(d) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(d) If a person under arrest refuses, upon the request of a law enforcement officer, to submit to chemical tests as provided in subsection (a) of this section, none may be given, but the department, on the basis of a report of the law enforcement officer that the arrested person was operating a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them and that the person had refused to submit to the tests shall suspend his license or permit to drive, or any nonresident operating privilege for a period of ninety days. If the person is a resident without a license or permit to operate a motor vehicle in this State, the department shall deny to the person the issuance of a license or permit for a period of ninety days after the date of the alleged violation. The ninety-day period of suspension begins with the day after the date of the notice required to be given, unless a hearing is requested as provided, in which case the ninety-day period begins with the day after the date of the order sustaining the suspension or denial of issuance. The report of the arresting officer must include what grounds he had for believing that the arrested person had been operating a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them. If the arrested person took the chemical breath test but refused to provide a blood or urine sample, the report of the arresting officer must include what were his grounds for believing that the arrested person was under the influence of drugs other than alcohol. If a person who refuses, upon the request of a law enforcement officer, to submit to chemical tests as provided in subsection (a) of this section, pleads guilty or nolo contendere to, or forfeits bond for a first offense violation of Section 56-5-2930, within thirty days of arrest, the period of the suspension of driving privileges under this section must be canceled and any suspension of driving privileges under Section 56-5-2990 for a first conviction may not exceed six months."
SECTION 294. Section 56-5-2990 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-5-2990. (A) The department shall suspend the driver's license of any a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930 or for the violation of any other law or ordinance of this State or of any a municipality of this State that prohibits any a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail, two years for the third offense, three years for the fourth offense, and a permanent revocation of the driver's license for fifth and subsequent offenses. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute constitutes prior violations within the meaning of this section. Any A person whose license is revoked following conviction for a fifth offense as provided in this section is forever barred from being issued any a license by the Department of Revenue and Taxation to operate a motor vehicle.
(B) Any A person whose license is suspended under the provisions of this section must be notified of suspension by the department of the requirement to be evaluated by and successfully complete an Alcohol and Drug Safety Action Program certified by the South Carolina Commission on Alcohol and Drug Abuse Department of Alcohol and Other Drug Abuse Services prior to before reinstatement of the license. An assessment of the degree and kind of alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed based upon the assessment. Entry into and successful completion of the services, if such the services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of driving privileges to the applicant. The applicant shall bear the cost of the services to be determined by the administering agency and approved by the Commission on Alcohol and Drug Abuse Department of Alcohol and Other Drug Abuse Services. The cost may not exceed seventy-five dollars for assessment, one hundred twenty-five dollars for education services, two hundred twenty-five dollars for treatment services, and three hundred dollars in total for any and all services. No applicant may be denied services due to an inability to pay. The applicant shall must be terminated from the Alcohol and Drug Safety Action Program no later than six months after the date of program enrollment. If the applicant has not successfully completed the services as directed by the Alcohol and Drug Safety Action Program by the end of the six-month period of enrollment, a hearing must be provided by the administering agency and if further needed by the Commission on Alcohol and Drug Abuse Department of Alcohol and Other Drug Abuse Services. If the applicant is unsuccessful in the Alcohol and Drug Safety Action Program the department may restore the privilege to operate a motor vehicle upon the recommendation of the Medical Advisory Board as utilized by the department if it determines public safety and welfare of the petitioner may not be endangered.
(C) The department and the Commission on Alcohol and Drug Abuse Department of Alcohol and Other Drug Abuse Services shall develop procedures necessary for the communication of information pertaining to relicensing or otherwise. Such These procedures must be consistent with the confidentiality laws of the State and the United States. Successful completion of education, treatment services, or both, for purposes of receiving a provisional driver's license as stipulated in Section 56-1-1330 may be substituted in lieu of services received under the authority of this section at the discretion of the applicant. If the driver's license of any a person is suspended by authority of this section, no insurance company may refuse to issue insurance to cover the remaining members of his family, but the insurance company is not liable for any actions of the person whose license has been suspended or who has voluntarily turned his license in to the department or the Department of Revenue and Taxation."
SECTION 295. The first paragraph of Section 56-5-4160(E), as last amended by Act 181 of 1993, is further amended to read:
"(E) Magistrates have jurisdiction of violations of this section. All monies collected pursuant to Section 56-5-4160 must be forwarded to the department by the magistrate within forty-five days for deposit in the state general fund account established in subsection (H). The department shall use these monies to establish and maintain an automated data base to collect, manage, and retain information required on the uniform size and weight citation, purchasing portable scales, upgrading and refurbishing existing weigh stations, including adequate night lighting for enforcement activities, and any other safety measures that the department considers necessary. The fine may be deposited with the arresting officer or a person the department may designate. The fine must be deposited in full or other arrangements satisfactory to the department for payment must be made before the operator is allowed to move the vehicle. If there is no conviction, the fine must be returned to the owner promptly."
SECTION 296. Section 56-5-5810(f) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(f) `Director' means the Director of the Department of Revenue and Taxation Public Safety."
SECTION 297. Section 56-10-240 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-10-240. If, during the period for which it is licensed, a motor vehicle is or becomes an uninsured motor vehicle, then the vehicle owner immediately shall obtain insurance on the vehicle or within five days after the effective date of cancellation or expiration of his liability insurance policy surrender the motor vehicle license plates and registration certificates issued for the motor vehicle. If five working days after the last day to pay an automobile liability insurance premium, whether it is the premium due date or a grace period that is granted customarily or contractually a motor vehicle is an uninsured motor vehicle, the insurer shall give written notice, or notice by magnetic or electronic media in a manner considered satisfactory to the department Department of Public Safety, within ten days after the five-day period ends, in addition to that notice previously given in accordance with law, by delivery under United States Post Office bulk certified mail, return receipt requested, to the department Department of Public Safety of the cancellation or refusal to renew under the following circumstances:
(1) the lapse or termination of such the insurance or security occurs within three months of issuance provided that. However, this subsection only applies to new policies, and not renewal or replacement policies; or
(2) the lapse or termination occurs after three months for a resident who fails one or more of the objective standards prescribed in Section 38-73-455.
The Department of Revenue and Taxation Public Safety, in its discretion, may authorize insurers to utilize alternative methods of providing notice of cancellation of or refusal to renew to the department Department of Public Safety. The Department of Revenue may not reissue registration certificates and license plates for that vehicle until satisfactory evidence has been filed by the owner or by the insurer who gave the cancellation or refusal to renew notice to the department Department of Public Safety that the vehicle is insured. Upon receiving information to the effect that a policy is canceled or otherwise terminated on a motor vehicle registered in South Carolina, the department Department of Public Safety shall suspend the license plates and registration certificate and shall initiate action as required within fifteen days of the notice of cancellation to pick up the license plates and registration certificate. A person who has had his license plates and registration certificate suspended by the department Department of Public Safety, but who at the time of suspension possesses liability insurance coverage sufficient to meet the financial responsibility requirements as set forth in this chapter, has the right to appeal the suspension immediately to the Director Chief Insurance Commissioner of the Department of Insurance. If the Director Chief Insurance Commissioner of the Department of Insurance determines that the person has sufficient liability insurance coverage, he shall notify the Department of Revenue and Taxation Department of Public Safety, and the suspension is voided immediately. The Department of Revenue and Taxation Department of Public Safety shall give notice by first class mail of the cancellation or suspension of registration privileges to the vehicle owner at his last known address. However, when license plates are surrendered pursuant to this section, they must be forwarded to the Department of Revenue and Taxation office in the county where the person who surrenders the plates resides.
If the vehicle owner unlawfully refuses to surrender the suspended items as required in this article, the department Department of Public Safety through its designated agents or by request to a county or municipal law enforcement agency may take possession of the suspended license plates and registration certificate and may not reissue the registration until proper proof of liability insurance coverage is provided and until the owner has paid a reinstatement fee of two hundred dollars for the first refusal under this section, and three hundred dollars for each subsequent refusal. A person who voluntarily surrenders his license plates and registration certificate before their suspension shall only must be charged only a reinstatement fee of five dollars.
A person wilfully failing to return his motor vehicle license plates and registration certificates as required in this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(1) for a first offense, fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days;
(2) for a second offense, fined two hundred dollars or imprisoned for thirty days, or both;
(3) for a third and subsequent offense, imprisoned for not less than forty-five days nor more than six months.
Only convictions which occurred within ten years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section."
SECTION 298. Section 57-1-140 of the 1976 Code, as last amended by Section 1, Part V, Act 449 of 1992, is further amended to read:
"Section 57-1-140. Before building new or expanding existing primary highways, roads, and streets, the South Carolina Department of Highways and Public Transportation shall consider and make a written determination whether it is financially and physically feasible to include:
(1) high occupancy vehicle lanes, when the construction or expansion is in a metropolitan area;
(2) pedestrian walkways or sidewalks; and
(3) bicycle lanes or paths.
A copy of this determination must be submitted to the State Energy Office."
SECTION 299. The 1976 Code is amended by adding:
"Section 57-3-130. (A) Subject to the conditions prescribed in subsection (B), the Department of Transportation, in its discretion upon application in writing and good cause being shown that it is in the public interest, may issue special permits authorizing the applicants to operate or move vehicles or combinations of vehicles of a size and weight of vehicle or load exceeding the maximum specified in Article 33, Chapter 5 of Title 56 or otherwise not in conformity with the article upon a state highway. The application for the permit specifically must describe the vehicle and load to be operated or moved and the particular highways for which a permit to operate is requested. A permit must be carried in the vehicle or combination of vehicles to which it refers and must be open to inspection by a police officer or an authorized agent of the authority granting the permit. No person may violate the terms or conditions of the special permit. The Department of Transportation shall charge a fee of twenty dollars for each permit issued, and fees collected pursuant to this section must be placed in the state highway fund and used for defraying the cost of issuing and administering the permits and for other highway purposes.
(B)(1) The Department of Transportation may exercise its discretion in issuing permits for the movement of all types of vehicles which exceed the legal size and weight limits, if the:
(a) load carried on the vehicle cannot be disassembled readily;
(b) movements are made so as not to damage the highways nor unduly interfere with highway traffic.
(2) The Department of Transportation may limit or prescribe the conditions of operation of the vehicles provided for in item (1) and may require insurance or other security it considers necessary.
(3) The following are general provisions applicable to all oversize and overweight loads:
(a) The granting of a permit does not constitute a waiver of the license requirements imposed by South Carolina, does not waive the liability or responsibility of the applicant which might accrue for property damage, including damage to the highways, or for personal injuries, and does not exempt the applicant from compliance with the ordinances, rules, and regulations of a municipality.
(b) Before granting a permit, the Department of Transportation, at its discretion, may require the vehicle owner or operator to furnish a certificate showing the amount of public liability and property damage insurance carried.
(c) All vehicles shall meet the requirements of all applicable laws and regulations.
(d) Overwidth loads or mobile homes must be moved over sections of highways selected by the Department of Transportation.
(e) The Department of Transportation shall determine the speeds permitted loads are to operate under.
(f) The driver shall remove the towing vehicle along with the load or mobile home from the traveled way to allow closely following traffic, five vehicles maximum, to pass and proceed.
(4) Applications for overweight and oversize permits must be submitted on forms provided by the Department of Transportation and must include all the necessary information required. Each application must be accompanied by the permit fee before it may be issued. The permit fee accompanying an application that is rejected must be returned to the person or company named within the application.
(5) Special oversize and overweight trip permits for movement of vehicles or combinations of vehicles with individual loads on them in excess of the maximum sizes and weights allowed must receive special consideration by and have prior approval of the Department of Transportation before any part of the move to be undertaken.
(6) The State reserves the right to recall or not issue permits in accordance with the limitations provided in this section if there is an abuse of the permit or the permit would cause an unnecessary amount of disruption in the normal traffic flow.
(C) Notwithstanding the exemptions provided in Section 56-5-4020, the owner of vehicles or combinations of vehicles used to transport and spread soil improvement products exempted from load and size limitations shall obtain an annual special permit from the Department of Transportation which prescribes limitations on the exemption the Department of Transportation may determine necessary. The fee for the annual permits is five dollars. The fees must be used as prescribed for other fees collected pursuant to this section.
(D) The detailed implementation of this section does not have general applicability to the public as prescribed in Chapter 23 of Title 1. Additional procedures established by the Department of Transportation for implementation are exempt from the requirement of General Assembly approval required by that chapter when the procedures are established in accordance with this section.
Section 57-3-140. (A) The Department of Transportation, under the terms and conditions as in its judgment may be in the public interest for safety on the highways and in addition to other permits required by Title 57, may issue permits for the use on public highways of sheet tobacco trucks. For the purposes of this section `sheet tobacco truck' is defined as a vehicle used to transport tobacco in sheets which does not exceed ninety-six inches in width at the truck bed and nine feet six inches at the widest part of the load above the truck bed. To be valid the permit must be carried on the towing vehicle, and it is unlawful for a person to violate a provision, term, or condition of the permit. The fee for each permit is fifteen dollars, and it authorizes the use of only one properly described sheet tobacco truck. The Department of Transportation may promulgate regulations to implement this section.
(B) A person violating subsection (A) or a regulation promulgated pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
Section 57-3-150. The Department of Transportation, under the terms and conditions it considers to be in the best interest of the public for safety on the highways, may issue multiple trip permits for the moving of over-dimensional or overweight nondivisible loads over specified state highways determined by the Department of Transportation. The fee for the permit is fifty dollars, payable at the time of issuance, as long as a permit is purchased for each vehicle in the fleet, one hundred percent. A multiple trip permit is valid for one year from the date of issuance. To be valid, the original permit must be carried on the towing vehicle. It is unlawful for a person to violate a provision, term, or condition of the permit. The permit is subject at all times to inspection by a law enforcement officer or an authorized agent of the authority issuing the permit. A multiple trip permit is void one year from the date of issue or whenever the Department of Transportation is notified in writing that the permit has been lost, stolen, or destroyed.
Section 57-3-160. (A) Notwithstanding Section 56-5-4030 or another provision of Chapter 5 of Title 56, the Department of Transportation shall issue, under terms and conditions in the public interest for safety on the highways, a permit for the use on the public highways of cotton modular vehicles. The permit must be issued annually, and it allows movement on the highways at any time. For the purposes of this section, `cotton modular vehicle' is defined as a single motor vehicle used only to transport seed cotton modules, cotton, or equipment used in the transporting or processing of cotton. This cotton modular vehicle may not exceed a width of one hundred seven inches and may not exceed a length of fifty feet extreme overall dimensions, inclusive of front and rear bumpers and load. To be valid, the permit must be carried on the vehicle, and it is unlawful for a person to violate a provision, term, or condition of the permit. The fee for the permit is fifty dollars and authorizes the use of only one properly described cotton modular vehicle. Loaded cotton modular vehicles must not be operated on interstate highways.
(B) A person violating this section, a provision, term, or condition of the permit, or a regulation promulgated pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
Section 57-3-170. Before issuance of an open-end permit, the permittee shall file with the Department of Transportation a:
(1) bond in the amount of five hundred dollars or a greater amount the applicant determines at all times equals or exceeds the net value of all open-end permits issued to the applicant by the Department of Transportation for which payment is not received at the time of issuance, payable to the department by a surety or guaranty company authorized to do business in this State and approved by the department as surety conditional upon the lawful movement of an oversize mobile home, modular home unit, or utility building over a highway in this State and the payment to the department of amounts when due for fees provided for in Sections 56-3-710 and 57-3-180 and the compliance with all of the terms, conditions, and restrictions of an oversize permit of any sort issued to the person filing bond; or
(2) deposit of cash or acceptable negotiable securities sufficient in the opinion of the Department of Transportation to secure adequately the sum of five hundred dollars or a greater amount the applicant may determine at all times equals or exceeds the net value of all open-end permits to be issued to the applicant by the Department of Transportation for which payment is not received at the time of issuance. The deposit must be made upon the same conditions as those required to be set forth in the bond provided for in item (1).
Section 57-3-180. All persons to whom open-end permits are issued shall file with the Department of Transportation before the twenty-first day of each January, April, July, and October reports showing the number of trips made during the preceding quarter ending on December thirty-first, March thirty-first, June thirtieth, and September thirtieth, respectively, the dates of the trips, and other information the department may require. The fee of ten dollars a trip, required to be paid pursuant to Section 56-3-710, must be paid to the Department of Transportation with each report filed. However, the fee for additional trips of less than twelve miles distance made under the open-end permits is one dollar a trip. Persons to whom open-end permits are issued shall maintain full and complete records of all oversize mobile homes, modular home units, or utility buildings moved, the records to be open to audit and inspection by the Department of Transportation and the Department of Public Safety.
Section 57-3-190. The Department of Transportation, in the public interest for safety on the highways, may issue open-end or annual permits for moving oversize loads and vehicles, oversize mobile homes, modular home units, utility buildings, and steel tanks, pursuant to Sections 57-3-160, 57-3-170, and 57-3-180. All heights may not exceed fourteen and one-half feet, and the owner of a transporter is responsible for damage which may occur."
SECTION 300. Section 57-3-610 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 57-3-610. Whenever a road, bridge, or other highway facility is dedicated and named in honor of an individual by act or resolution of the General Assembly, the Department of Transportation must be reimbursed all expenses incurred by the department to implement the dedication.
Reimbursement for expenses incurred by the department must first be approved by a majority of each county legislative delegation the county transportation committee of the county in which the road, bridge, or facility is located. Reimbursement must be from the State Secondary "C" Apportionment Fund of the county or counties in which the road, bridge, or facility is located, and expenses under this section are limited to five hundred dollars. If the road, bridge, or facility is dedicated on an interstate highway, the allocation is limited to actual expenses.
Reimbursement for expenses incurred by the department to name and dedicate a highway facility pursuant to a request from other than the General Assembly must be by agreement between the requesting entity and the department."
SECTION 301. Section 57-5-1335 of the 1976 Code is amended to read:
"Section 57-5-1335. The Department of Highways and Public Transportation, before constructing a bridge or replacing an existing bridge which qualifies as a turnpike facility as defined in Section 57-5-1320, shall conduct the feasibility study required by Section 57-5-1330 and shall forward copies of the study to the Chairman of the Transportation and Finance Committees of the Senate and the Education and Public Works and Ways and Means Committees of the House of Representatives within fifteen days of the completion of the study."
SECTION 302. Section 57-5-1340 of the 1976 Code is amended to read:
"Section 57-5-1340. In addition to the powers listed above, the Department of Highways and Public Transportation may:
(1) request the issuance of turnpike bonds for the purpose of paying all or any part of the cost of any one or more turnpike projects;
(2) fix, and revise, from time to time and charge, and collect tolls for transit over each turnpike facility constructed by it;
(3) combine, for the purposes of financing the facilities, any two or more turnpike facilities;
(4) control access to turnpike facilities;
(5) expend, to the extent permitted by a bond resolution, expend turnpike facility or facilities revenues in advertising the facilities and services of the turnpike facility or facilities to the traveling public;
(6) receive and accept from any federal agency grants for or in the aid of the construction of any turnpike facility;
(7) establish a separate division to administer turnpike facilities and a separate turnpike facility account;
(8) do all acts and things necessary or convenient to carry out the powers expressly granted in this article."
SECTION 303. Section 57-25-150(H) of the 1976 Code, as added by Section 106, Part II, Act 164 of 1993, is amended to read:
"(H) National Historic Landmark Section 501 (C)3 properties located along South Carolina highways are allowed to erect small directional signs no more frequently than one a mile within six miles of such properties.
The signs shall must state the name of the historic property and mileage and comprise no more than twenty letters measuring no more than fifteen inches by thirty-six inches and painted using a single color or a neutral background.
The South Carolina Department of Highways and Public Transportation shall issue a permit sticker for each sign for an annual fee of fifteen dollars a sign. The department is also is authorized to issue regulations as are necessary to implement the permit process and the conditions and restrictions for the proper placement, height, and design as necessary to for the efficient administration of this subsection. The department has no responsibility for erecting these permitted signs."
SECTION 304. Section 57-25-470 of the 1976 Code is amended to read:
"Section 57-25-470. (A) The Department of Highways and Public Transportation may acquire by purchase, gift, or condemnation, and shall pay just compensation upon the removal of the following outdoor advertising signs, displays, and devices:
(1) those lawfully in existence on October 22, 1965;
(2) those lawfully erected on or after May 6, 1969.
(B) Compensation may be paid only for the following:
(1) the taking from the owner of a sign, display, or device of all right, title, leasehold, and interest in the sign, display, or device; and
(2) the taking from the owner of the real property on which the sign, display, or device is located, of the right to erect and maintain signs, displays, and devices."
SECTION 305. Section 57-25-680 of the 1976 Code is amended to read:
"Section 57-25-680. (A) The Department of Highways and Public Transportation may acquire by purchase, gift, or condemnation, and shall pay just compensation upon the removal of the following outdoor advertising signs, displays, and devices:
(1) those lawfully in existence on October 22, 1965;
(2) those lawfully erected on or after June 11, 1969.
(B) Compensation may be paid only for the following:
(1) the taking from the owner of the sign, display, or device of all right, title, leasehold, and interest in the sign, display, or device; and
(2) the taking from the owner of the real property on which the sign, display, or device is located, of the right to erect and maintain signs, displays, and devices."
SECTION 306. Section 57-27-70 of the 1976 Code is amended to read:
"Section 57-27-70. When the Department of Highways and Public Transportation determines that the topography of the land adjoining the highway does not permit adequate screening of a junkyard or the screening of the junkyard would not be economically feasible, the department may acquire by gift, purchase, exchange, or condemnation, such the interests in lands necessary to secure the relocation, removal, or disposal of the junkyards, and to pay for the costs of relocation, removal, or disposal. When the department determines that it is in the best interest of the State, it may acquire lands, or interests in lands, necessary to provide adequate screening of junkyards. The department may exercise the power of eminent domain whenever it is necessary, in the judgment of the department, to acquire lands, or interests therein in the land, by condemnation."
SECTION 307. Article 3, Chapter 3, Title 58 of the 1976 Code is amended to read:
Section 58-3-310. The law enforcement department of the Public Service Commission shall consist of such officers, inspectors, and agents as the commission may deem necessary and proper for the enforcement of the Motor Vehicle Carrier Law and other related laws, the enforcement of which is devolved upon the department. The title of such officers, inspectors and agents shall be `Transportation Division Inspectors'. The inspectors shall be commissioned by the Governor upon the recommendation of the commission. The commission may remove an inspector if it finds that he is unfit for the position. The Department of Public Safety must appoint officers and inspectors as necessary and proper for the enforcement of the Motor Vehicle Carrier Safety Law and other related laws, the enforcement of which is devolved upon the Department of Public Safety, State Police Division.
Section 58-3-320. Each inspector of the law enforcement department of the Public Service Commission shall execute a bond with a licensed surety company in the amount of not less than ten thousand dollars. The bond shall be filed with the commission and shall be conditioned for the faithful performance of his duties, for the prompt and proper accounting of funds coming into his hands, and for the payment of any judgment rendered against him in any court of competent jurisdiction upon a cause of action arising out of breach or abuse of official duty or power and damages sustained by any member of the public from any unlawful act of the inspector. The coverage under the bond shall not include damage to persons or property arising out of the negligent operation of a motor vehicle. The bond may be individual, schedule or blanket, and shall be approved by the Attorney General. The premiums on the bonds shall be paid by the commission from appropriated funds. This provision shall not apply to the officers and inspectors of the Department of Public Safety, State Police Division.
Section 58-3-330. Before entering upon the duties of his office, each inspector of the law enforcement department of the Public Service Commission shall take and subscribe before a notary public, or other officer authorized to administer an oath, an oath to faithfully perform the duties of his office and to properly execute the laws of this State. This provision shall not apply to the officers and inspectors of the Department of Public Safety, State Police Division.
Section 58-3-340. The inspectors of the law enforcement department of the Public Service Commission shall possess and exercise all of the powers and authority held by constables at common law. This provision shall not apply to the officers and inspectors of the Department of Public Safety, State Police Division.
Section 58-3-350. When acting in their official capacity, inspectors of the law enforcement department of the Public Service Commission shall have statewide authority for the enforcement of all motor vehicle carrier laws and related laws. This provision shall not apply to the officers and inspectors of the Department of Public Safety, State Police Division.
Section 58-3-360. Inspectors of the law enforcement department of the Public Service Commission shall enforce the Motor Vehicle Carrier Law, and related laws, and officers and troopers of the Department of Public Safety, State Police Division shall enforce the Motor Vehicle Carrier Safety Law and related laws, and all inspectors, officers, and troopers of both departments shall insure ensure that all persons violating any provision of these laws are properly prosecuted.
Section 58-3-370. (A) When any a person is apprehended by an inspector of the law enforcement department of the Public Service Commission upon a charge of violating the Motor Vehicle Carrier Law or related laws, the following procedure shall be followed:
(1) The person being charged shall be served by the arresting inspector with an official summons and arrest report. The report shall give the appropriate judicial officer jurisdiction to dispose of the case.
(2) The person being charged may deposit with the arresting inspector a sum of money not to exceed one hundred dollars as bail in lieu of being immediately brought before the magistrate or other judicial officer; provided, that an official summons and arrest report may be issued without requiring any sum of money as bail.
(3) The official summons and arrest report shall indicate the amount of bail deposited with the inspector and shall serve as a receipt for the sum.
(4) The arresting inspector shall transmit any sum of money received from the person charged to the appropriate magistrate or other judicial officer.
(5) Upon receipt of the sum of money, if any is required, as bail, the arresting inspector may release the person charged so that he may appear before the proper judicial officer at a time and place stated in, and required by, the official summons and arrest report.
(B) When a person is apprehended by an inspector or an officer of the Department of Public Safety, State Police Division on a charge of violating the Motor Vehicle Carrier Safety Law or related laws, the procedure provided in Section 23-6-150 must be followed."
SECTION 308. Section 59-36-20 of the 1976 Code, as added by Act 86 of 1993, is amended to read:
"Section 59-36-20. The State Board of Education and the State Department of Education are responsible for establishing a comprehensive system of special education and related services and for ensuring that the requirements of the Federal Individuals with Disabilities Education Act are carried out. Other state agencies which provide services for children with disabilities are directed to cooperate in the establishment and support of the system. Agencies with responsibilities under this chapter include: the Department of Mental Retardation Disabilities and Special Needs, the School for the Deaf and the Blind, the Commission for the Blind, the Department of Health and Environmental Control, the Department of Mental Health, the State Department of Social Services, Continuum of Care Division in the Office of the Governor, and the State Department of Education.
All public education programs for children with disabilities within the State, including all programs administered by any other state or local agency, are under the general supervision of the persons responsible for education programs for children with disabilities in the State Department of Education and must meet the standards of the State Board of Education.
No provision of this section or of this chapter may be construed to limit the responsibilities of agencies other than the Department of Education from providing or paying for some or all of the cost of services to be provided the state's children with disabilities and the level of service must, at a minimum, must be similar to that provided individuals with similar needs. If agencies are unable to agree on responsibilities for a particular child, the issue must be decided by the Children's Case Resolution System, Section 20-7-5210, et seq."
SECTION 309. The next to the last paragraph of Section 59-53-20 of the 1976 Code is amended to read:
"The State Board for Technical and Comprehensive Education shall have the responsibility for developing and maintaining short and long-range plans for providing up-to-date and appropriate occupational and technical training for adults and shall coordinate its planning activities with the Economic Development Coordinating Council for Economic Development of the Department of Commerce, the State Council on Vocational-Technical Education, the Commission on Higher Education, the State Department of Education, the Employment Security Commission, and other state agencies, institutions, and departments."
SECTION 310. Section 59-63-31(1)(b) of the 1976 Code, as added by Act 163 of 1991, is amended to read:
"(b) a foster parent or in a residential community-based care facility licensed by the Department of Social Services or operated by the Department of Social Services or the Department of Youth Services Juvenile Justice; or"
SECTION 311. Section 59-65-30(f) of the 1976 Code, as last amended by Act 165 of 1993, is further amended to read:
"(f) A child who has reached the age of sixteen years and whose further attendance in school, vocational school, or available special classes is determined by a court of competent jurisdiction to be disruptive to the educational program of the school, unproductive of further learning, or not in the best interest of the child, and who is authorized by the court to enter into suitable gainful employment under the supervision of the court until age seventeen is attained. However, prior to before being exempted from the provisions of this article, the court first may first require that the child concerned be examined physically and tested mentally to assist the court to determine whether or not gainful employment would be more suitable for the child than continued attendance in school. The examination and testing must be conducted by the Department of Youth Services Juvenile Justice or by any a local agency which the court determines to be appropriate. The court shall revoke the exemption provided in this item upon a finding that the child fails to continue in his employment until reaching the age of seventeen years."
SECTION 312. The first paragraph of Section 59-67-535 of the 1976 Code is amended to read:
"Boats operated by the State Department of Education for transportation of school children from islands to mainland schools also may also be used to transport, on a space available basis only, any a South Carolina resident who is over fifty-five years of age or disabled or legally blind as defined in Section 43-25-20 of the 1976 Code. A person requesting boat transportation shall present his medicare card or other card approved by the South Carolina Commission Division on Aging of the Office of the Governor to the employee of the State Department of Education who is in charge of the particular boat, and a person who is disabled or legally blind shall present to such the person in charge of the boat a certificate to that effect from a licensed doctor of medicine or an official of an agency authorized by law to make determinations of disability or blindness."
SECTION 313. Section 59-111-20 of the 1976 Code, as last amended by Act 151 of 1993, is further amended to read:
"Section 59-111-20. (A) A child of a wartime veteran, upon application to and approval by the South Carolina Department of Veterans Office of the Governor, Division of Veterans' Affairs, may be admitted to any state-supported college, university, or post high school technical education institution free of tuition so long as his work and conduct is satisfactory to the governing body of the institution, if the veteran was a resident of this State at the time of entry into service and during service or has been a resident of this State for at least one year and still resides in this State or, if the veteran is deceased, resided in this State for one year before his death, and provided if the veteran served honorably in a branch of the military service of the United States during a war period, as those periods are defined by Section 101 of Title 38 of the United States Code and:
(1) was killed in action;
(2) died from other causes while in the service;
(3) died of disease or disability resulting from service;
(4) was a prisoner of war as defined by Congress or Presidential proclamation during such the war period;
(5) is permanently and totally disabled, as determined by the Veterans Administration from any cause;
(6) has been awarded the Congressional Medal of Honor;
(7) is missing in action; or
(8) the applicant is the child of a deceased veteran who qualified under items (4) and (5).
(B) The provisions of this section apply to a child of a veteran who meets the residency requirements of Chapter 112 of this title, is twenty-six years of age or younger, and is pursuing any type of undergraduate degree."
SECTION 314. Sections 61-1-120 and 61-1-125(C)of the 1976 Code, as added by Act 112 of 1993, are amended to read:
"Section 61-1-120. A person desiring a license or permit under this title shall file with the commission department an application in writing on forms provided by the commission department containing a statement under oath setting forth:
(1) the name, address, date of birth, race, and nationality of the person applying for the license or permit;
(2) the exact location where the business is proposed to be operated;
(3) a description of the type of business to be operated;
(4) whether the applicant or an owner of the business has been involved in the sale of alcoholic liquors, beer, or wine in this or another state and whether he has had a license or permit suspended or revoked;
(5) other information required by the commission department to determine if the application meets all statutory requirements for the license or permit and to determine the true owners of the business seeking the license or permit.
Section 61-1-125.(C) No license or permit may be issued by the commission department to a person under twenty-one years of age."
SECTION 315. Section 61-3-425 of the 1976 Code, as added by Act 164 of 1993, is amended to read:
"Section 61-3-425. No license under this title may be issued, renewed, or transferred under this title unless the applicant for a license or a renewal or a transfer of a license presents to the commission a signed statement from the South Carolina Tax Commission department and from the Internal Revenue Service showing determine that the applicant does not owe the state or federal government delinquent taxes, penalties, or interest. If the department or the Internal Revenue Service determine that delinquent taxes, penalties, or interest are due, the department shall notify the applicant of the necessary requirements to comply with this section."
SECTION 316. Section 61-5-320 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 61-5-320. Prior to Before the use of the revenue described in Section 61-5-310, the governing body of each county shall:
(a) designate a single existing county agency or organization, either public or private, as the sole agency in the county for alcohol and drug abuse planning for programs funded by revenues allocated pursuant to Article 1 of this chapter or create a new agency for that purpose;
(b) develop a county plan in accordance with the state plan for alcohol abuse and alcoholism and the state plan for drug abuse required by Public Laws 91-616 and 92-255 for the prevention and control of alcohol and drug abuse and obtain written approval of such the plan by the South Carolina Commission on Alcoholism and the Commissioner of Narcotics and Controlled Substances Department of Alcohol and Other Drug Abuse Services. Such The written approval shall must be granted by the South Carolina Commission on Alcoholism and by the Commissioner of Narcotics and Controlled Substances Department of Alcohol and Other Drug Abuse Services if reasonable. In the event If approval is denied, an appeal may be taken to the Governor shall lie. Such The appeal shall must state fully state the reasons why it is made. Should If the Governor deem considers nonapproval of the plan by the South Carolina Commission on Alcoholism and the Commissioner of Narcotics and Controlled Substances Department of Alcohol and Other Drug Abuse Services to be unreasonable, he shall communicate his reasons to the Commission on Alcoholism and the Commissioner of Narcotics and Controlled Substances Department of Alcohol and Other Drug Abuse Services and require them it to reexamine such the plan in light of his objections. Following such the reexamination, no further appeal shall lie may be taken."
SECTION 317. Section 61-5-360 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 61-5-360. Each county governing body shall:
(a) establish such methods of administration as are necessary for the proper and efficient operation of the programs and services or projects, including the provision of annual reports of progress toward implementing county plans to the South Carolina Commission on Alcohol and Drug Abuse Department of Alcohol and Other Drug Abuse Services;
(b) provide for such accounting procedures as may be necessary to assure proper disbursement of and accounting for such the funds, including an annual audit of fiscal records, a copy of which shall must be furnished to the South Carolina Commission on Alcohol and Drug Abuse Department of Alcohol and Other Drug Abuse Services."
SECTION 318. Section 61-9-35 of the 1976 Code, as added by Act 112 of 1993, is amended to read:
"Section 61-9-35. A holder of a beer permit or a beer and wine permit may not purchase beer or wine, or both, on credit by a dishonored check, an unpaid note or invoice, or other insufficient manner from a permitted beer and wine wholesaler. However, no action may be taken against the holder for his first violation of this section. If a holder commits a second or subsequent violation, his retail dealer's permit may be suspended, canceled, or revoked by the Alcoholic Beverage Control Commission Department of Revenue or a monetary penalty of not more than twenty-five dollars may be assessed against him."
SECTION 319. Section 61-13-590 of the 1976 Code is amended to read:
"Section 61-13-590. No liquors so sold shall may be delivered within a period of five days after such the sale, during which time the Tax Commission department may, in its discretion, may reject any a bid and order the liquors resold until a satisfactory bid is had made. But However, if confiscated liquors are offered for sale, after advertisement, as herein provided in this chapter, on two different dates and no bids are made thereon, the liquors shall must be destroyed by the proper officers."
SECTION 320. Section 1613 of Act 181 of 1993 is amended to read:
"SECTION 1613. (A) Where the provisions of this act transfer particular state agencies, departments, boards, commissions, committees or entities, or sections, divisions or portions thereof (transferring departments), to another state agency, department, division or entity or make them a part of another department or division (receiving departments), the employees, the personnel records of employees who are transferred, authorized appropriations, bonded indebtedness if applicable, and real and personal property of the transferring department are also transferred to and become part of the receiving department or division unless otherwise specifically provided. All classified or unclassified personnel of the affected agency, department, board, commission, committee, entity, section, division or position employed by these transferring departments on the effective date of this act, either by contract or by employment at will, shall become employees of the receiving department or division, with the same compensation, classification, and grade level, as applicable. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer and shall in consultation with the agency head of the transferring and receiving agencies prescribe the manner in which the transfer provided for in this section shall be accomplished. The boards' action in facilitating the provisions of this section are ministerial in nature and shall not be construed as an approval process over any of the transfers.
(B) Where an agency, department, entity or official is transferred to or consolidated with another agency, department, division, entity or official, regulations promulgated by that transferred agency, department, entity or official under the authority of former provisions of law pertaining to it are continued and are considered to be promulgated under the authority of present provisions of law pertaining to it.
(C) References to the names of agencies, departments, entities or public officials changed by this act, to their duties or functions herein devolved upon other agencies, departments, entities or officials, or to provisions of law consolidated with or transferred to other parts of the 1976 Code are considered to be and must be construed to mean appropriate references.
(D) Employees or personnel of agencies, departments, entities or public officials, or sections, divisions or portions thereof, transferred to or made a part of another agency, department, division, or official pursuant to the terms of this act shall continue to occupy the same office locations and facilities which they now occupy unless or until otherwise changed by appropriate action and authorization. The rent and physical plant operating costs of these offices and facilities, if any, shall continue to be paid by the transferring agency, department, entity or official formerly employing these personnel until otherwise provided by the General Assembly. The records and files of the agencies which formerly employed these personnel shall continue to remain the property of these transferring agencies, except that these personnel shall have complete access to these records and files in the performance of their duties as new employees of the receiving agency. The personnel record of an employee who is transferred shall become the property of the receiving agency to which the employee has been transferred.
(E) Unless otherwise provided herein or by law, all fines, fees, forfeitures, or revenues imposed or levied by agencies, personnel, or portions thereof, so transferred to other agencies or departments must continue to be used and expended for those purposes provided prior to the effective date of this act. If a portion of these fines, fees, forfeitures, or revenues were required to be used for the support, benefit, or expense of personnel transferred, such funds must continue to be used for these purposes.
(F) The Budget and Control Board, in consultation with the appropriate standing committees of the General Assembly as designated by the President Pro Tempore of the Senate and the Speaker of the House of Representatives and the other affected agencies, shall prescribe the manner in which the provisions of subsections (A), (D), and (E) must be implemented where agreement between the affected agencies cannot be obtained.
(G) The Budget and Control Board shall provide for a consolidated employee employment application process to be used by all state agencies or departments including those affected by the provisions of this act. This consolidated employment application process for state government shall be implemented on January 1, 1994.
(H) Where the functions of former agencies have been devolved on more than one department or departmental division, the general support services of the former agency must be transferred to the restructured departments or departmental divisions as provided by the General Assembly in the annual general appropriations act.
(I) The membership of the Legislative Council shall cause the changes to the 1976 Code as contained in this act to be printed in replacement volumes or in cumulative supplements as they consider practical and economical.
(J) On or before January 15, 1994, the Code Commissioner shall prepare and deliver a report to the Speaker of the House of Representatives and the President Pro Tempore of the Senate of all Code references and cross-references which he considers in need of correction or modification insofar as the 1976 Code has been affected by this act."
SECTION 321. Section 1618 of Act 181 of 1993 is amended to read:
"SECTION 1618. (A) Article 1 of Chapter 1 of Title 13, Chapter 1 of Title 55, Chapter 1 of Title 61, Chapter 3 of Title 43, Chapter 3 of Title 61, Article 5 of Chapter 1 of Title 31, Chapter 5 of Title 55, Chapter 5 of Title 61, Article 7 of Chapter 1 of Title 31, Chapter 7 of Title 61, Chapter 9 of Title 55, Chapter 9 of Title 61, Chapter 11 of Title 25, and Sections 1-3-210, 1-3-220, 1-3-240, 1-3-250, 1-15-10, 1-20-50(c), 1-20-50(B)(5), 1-23-120(G)(3), 1-23-310, 1-23-320, 1-25-60(A), 2-7-71, 2-7-105, 2-13-190, 2-13-240, 2-15-61, 2-17-15, 2-19-30, 2-19-70, 2-67-10, 2-67-30, 4-9-155, 4-10-25, 4-10-60, 4-10-80, 4-10-90, 4-29-67, 5-3-90, 5-3-110, 5-3-300, 5-7-110, 5-27-510, 7-13-710, 8-1-80, 8-1-100, 8-11-10, 8-11-945, 8-13-910, 8-17-370, 8-21-310(20)(A), 8-21-770(B), 8-21-780, 8-21-790, 9-1-60, 9-11-180, 10-7-10, 10-11-80, 11-9-820, 11-9-825, 11-11-10, 11-17-10(a), 11-35-45(B), 11-35-710, 11-35-1520(12), 11-35-5230(B)(4), 11-35-5250(2), 11-35-5270, 12-2-10, 12-4-10, 12-4-30, 12-4-335, 12-4-350, 12-4-370, 12-7-455, 12-7-460, 12-7-1220, 12-7-1250, 12-7-1590, 12-7-2010, 12-7-2230, 12-7-2590, 12-7-2610, 12-9-130, 12-9-310, 12-9-420, 12-9-630, 12-9-860, 12-13-70, 12-16-1110, 12-19-20, 12-19-60, 12-19-100, 12-21-100, 12-21-320, 12-21-470, 12-21-660, 12-21-780, 12-21-820, 12-21-1060, 12-21-1110, 12-21-1320, 12-21-1540, 12-21-1550, 12-21-1570, 12-21-1580, 12-21-1590, 12-21-1610, 12-21-1840, 12-21-2420, 12-21-2719, 12-21-2720, 12-21-2726, 12-21-3320, 12-21-3441, 12-21-3590, 12-21-3600, 12-23-815, 12-23-820, 12-23-830, 12-27-270, 12-27-380, 12-27-390, 12-27-405, 12-27-430, 12-27-1210, 12-27-1220, 12-27-1230, 12-27-1240, 12-27-1250, 12-27-1260, 12-27-1290, 12-27-1320, 12-27-1510, 12-29-20, 12-29-110, 12-29-150, 12-31-20, 12-31-50, 12-31-210, 12-31-230, 12-31-240, 12-31-250, 12-31-260, 12-31-270, 12-31-280, 12-31-420, 12-31-610, 12-31-620, 12-31-640, 12-33-70, 12-33-420, 12-33-480, 12-33-485, 12-33-620, 12-33-630, 12-35-560, 12-36-1370, 12-36-1710, 12-36-2120, 12-36-2660, 12-37-220, 12-37-380, 12-37-970, 12-37-975, 12-37-1120, 12-37-1130, 12-37-1410, 12-37-1420, 12-37-1610, 12-37-2110, 12-37-2410, 12-37-2650, 12-37-2660, 12-37-2670, 12-37-2680, 12-37-2700, 12-37-2725, 12-37-2727, 12-39-180, 12-43-210, 12-43-220, 12-43-280, 12-43-300, 12-43-305, 12-43-320, 12-43-335, 12-45-70, 12-47-10, 12-47-60, 12-49-90, 12-49-271, 12-49-290, 12-51-135, 12-53-10, 12-53-210, 12-53-220, 12-54-10, 12-54-230, 12-54-240, 12-54-250, 12-54-260, 12-54-420, 12-54-430, 12-54-720, 13-7-20, 13-7-70(4), 13-7-160, 13-11-80, 13-19-160, 14-7-130, 14-23-1140, 15-9-210(b), 15-9-350, 15-9-360, 15-9-370, 15-9-380, 15-9-390, 15-9-410, 16-3-1110, 16-3-1120, 16-11-340, 19-5-30, 20-7-121, 20-7-128, 20-7-410, 20-7-600, 20-7-630, 20-7-655(B), 20-7-770, 20-7-780, 20-7-1330, 20-7-1490, 20-7-1645, 20-7-2095, 20-7-2115, 20-7-2125, 20-7-2155, 20-7-2170, 20-7-2175, 20-7-2180, 20-7-2185, 20-7-2190, 20-7-2195, 20-7-2200, 20-7-2203, 20-7-2205, 20-7-2260, 20-7-2310, 20-7-2379, 20-7-2700, 20-7-2760, 20-7-2830, 20-7-2880, 20-7-2930, 20-7-2940, 20-7-3050, 20-7-3100, 20-7-3110, 20-7-3120, 20-7-3130, 20-7-3170, 20-7-3180, 20-7-3190, 20-7-3200, 20-7-3210, 20-7-3230, 20-7-3235, 20-7-3240, 20-7-3270, 20-7-3280, 20-7-3300, 20-7-3310, 20-7-3350, 20-7-3360, 20-7-5420, 20-7-5610, 20-7-5630, 20-7-5660, 20-7-5670, 22-1-30, 23-3-10, 23-3-20, 23-3-160, 23-25-20, 23-25-40, 23-31-140, 23-33-20, 23-35-70, 23-41-30(f), 23-41-30(c), 24-1-40, 24-1-90, 24-1-100, 24-1-110, 24-1-120, 24-1-130, 24-1-140, 24-1-145, 24-1-150, 24-1-160, 24-1-170, 24-1-200, 24-1-210, 24-1-220, 24-1-230, 24-1-250, 24-1-260, 24-1-270, 24-3-20, 24-3-30, 24-3-40, 24-3-60, 24-3-70, 24-3-80, 24-3-90, 24-3-110, 24-3-130(A), 24-3-131, 24-3-140, 24-3-150, 24-3-160, 24-3-170, 24-3-180, 24-3-190, 24-3-200, 24-3-210, 24-3-315, 24-3-320, 24-3-330, 24-3-340, 24-3-360, 24-3-380, 24-3-390, 24-3-400, 24-3-410(C), 24-3-510, 24-3-520, 24-3-530, 24-3-540, 24-3-550, 24-3-710, 24-3-720, 24-3-730, 24-3-740, 24-3-750, 24-3-760, 24-3-920, 24-3-950, 24-3-960, 24-7-90, 24-9-10, 24-9-20, 24-9-30, 24-11-30, 24-13-210(c), 24-13-230(A), 24-13-270, 24-13-640, 24-13-710, 24-13-940, 24-13-1310(3), 24-13-1320, 24-13-1330(B) and (C), 24-13-1340(B), 24-13-1520(1) and (2), 24-13-1590, 24-19-10(C), 24-19-20, 24-19-30, 24-19-40, 24-19-60, 24-19-80, 24-19-90, 24-19-100, 24-19-110, 24-19-160, 24-21-10, 24-21-11, 24-21-12, 24-21-13, 24-21-60, 24-21-70, 24-21-220, 24-21-221, 24-21-230, 24-21-250, 24-21-260, 24-21-280, 24-21-290, 24-21-485, 24-21-620, 24-21-645, 24-21-650, 24-21-930, 24-22-20(a), 24-22-160, 24-23-40, 24-23-110, 24-23-115, 24-23-220, 24-25-40, 24-25-50, 24-25-70, 27-18-20(1), 30-4-40(a)(10), 31-1-30, 31-1-120, 31-1-140, 31-1-150, 31-1-160, 31-1-200, 31-1-210, 31-1-220, 31-3-20(1), 31-3-340, 31-3-370, 31-3-390, 31-3-750, 31-17-340, 31-17-360, 31-17-370, 31-17-510(g), 33-1-210, 33-14-200, 33-14-220(a), 33-14-400, 33-15-300(a)(1) and (b), 33-15-310(c), 33-15-330(A)(4), 33-16-101(e)(7), 33-31-60, 33-37-250(10), 36-9-307, 36-9-319, 38-1-10, 38-77-113, 38-77-1120(a), 39-9-230, 39-15-170, 39-41-40, 39-43-160, 39-57-20, 41-41-40, 41-44-60, 41-44-80, 42-1-490, 42-1-500, 42-7-10, 42-7-20, 42-7-30, 42-7-40, 42-7-70, 42-7-75, 42-7-90, 42-7-200, 42-7-310, 43-1-10, 43-1-50, 43-1-60, 43-1-70, 43-1-170, 43-1-190, 43-1-200, 43-1-210, 43-5-10, 43-5-75, 43-5-120, 43-5-150, 43-5-170, 43-5-220, 43-5-550(f), 43-5-550(h)(5), 43-5-620, 43-21-10, 43-21-20, 43-21-40, 43-21-50, 43-21-60, 43-21-70, 43-21-80, 43-21-100, 43-21-120, 43-21-130, 43-21-150, 43-21-160, 43-21-170, 43-21-180, 44-9-20, 44-9-30, 44-9-40, 44-9-50, 44-9-60, 44-9-160, 44-15-60, 44-15-80, 44-20-10, 44-20-20, 44-20-30, 44-20-210, 44-20-220, 44-20-230, 44-20-240, 44-20-250, 44-20-260, 44-20-270, 44-20-280, 44-20-290, 44-20-300, 44-20-310, 44-20-320, 44-20-330, 44-20-340, 44-20-350, 44-20-360, 44-20-370, 44-20-375, 44-20-378, 44-20-380, 44-20-385, 44-20-390, 44-20-400, 44-20-410, 44-20-420, 44-20-430, 44-20-440, 44-20-450, 44-20-460, 44-20-470, 44-20-480, 44-20-490, 44-20-500, 44-20-510, 44-20-710, 44-20-720, 44-20-730, 44-20-740, 44-20-750, 44-20-760, 44-20-770, 44-20-780, 44-20-790, 44-20-800, 44-20-900, 44-20-1000, 44-20-1110, 44-20-1120, 44-20-1130, 44-20-1140, 44-20-1150, 44-20-1160, 44-20-1170, 44-22-10, 44-22-50, 44-22-100, 44-22-110, 44-23-10, 44-23-210, 44-23-220, 44-23-410, 44-25-30, 44-26-10, 44-26-70, 44-26-80, 44-26-120, 44-26-170, 44-28-20, 44-28-40, 44-28-60, 44-28-80, 44-28-360, 44-28-370, 44-36-20, 44-38-30, 44-38-310, 44-38-320, 44-38-330, 44-38-340, 44-38-350, 44-38-360, 44-38-370, 44-38-380, 44-38-390, 44-43-30, 44-43-50, 44-43-70, 44-49-10, 44-49-20, 44-49-30, 44-49-40, 44-49-50, 44-49-60, 44-49-70, 44-49-80, 44-52-10, 44-53-710, 44-53-740, 44-63-110, 44-96-60, 44-96-120, 44-96-140, 44-96-160, 44-96-170(L) and (M), 44-96-180, 44-96-200, 44-96-220, 44-107-80, 46-13-60(2)(c), 48-30-30(A)(5), 48-30-50, 48-30-70, 48-30-80, 48-47-175(B), 49-29-210, Article 1, Chapter 1, Title 51, 51-11-10, 51-11-15, 51-11-20, 51-11-30, 51-11-40, 51-11-50, 51-11-60, 51-19-10, 55-8-10(a), 55-8-50(a)(2), 55-8-170, 55-11-10(5), 55-11-520, 55-15-10(f), 56-1-10, 56-1-80, 56-1-90, 56-1-135, 56-1-145, 56-1-220, 56-1-225, 56-1-270, 56-1-280, 56-1-290, 56-1-300, 56-1-310, 56-1-320, 56-1-330, 56-1-340, 56-1-350, 56-1-360, 56-1-365, 56-1-370, 56-1-380, 56-1-390, 56-1-400, 56-1-410, 56-1-420, 56-1-460, 56-1-463, 56-1-475, 56-1-510, 56-1-520, 56-1-530, 56-1-540, 56-1-550, 56-1-630, 56-1-740, 56-1-745, 56-1-746, 56-1-770, 56-1-790, 56-1-800, 56-1-810, 56-1-820, 56-1-830, 56-1-840, 56-1-850, 56-1-1020, 56-1-1030, 56-1-1090, 56-1-1100, 56-1-1120, 56-1-1130, 56-1-1320, 56-1-1330, 56-1-1340, 56-1-1730, 56-1-1760, 56-1-2050, 56-1-2100, 56-1-2110, 56-1-2130, 56-1-2140, 56-1-3350, 56-1-3360, 56-1-3370, 56-1-3380, 56-1-3390, 56-1-3400, 56-3-20, 56-3-115, 56-3-250, 56-3-255, 56-3-360, 56-3-650, 56-3-790, 56-3-860, 56-3-910, 56-3-1150, 56-3-1160, 56-3-1330, 56-3-1340, 56-3-1710, 56-3-1750, 56-3-1850, 56-3-1910, 56-3-1950, 56-3-1960, 56-3-1971, 56-3-1972, 56-3-1973, 56-3-1974, 56-3-2010, 56-3-2020, 56-3-2060, 56-3-2150, 56-3-2210, 56-3-2230, 56-3-2250, 56-3-2320, 56-3-2600, 56-3-2710, 56-3-2810, 56-3-3310, 56-3-3710, 56-3-4310, 56-3-4910, 56-3-5920, 56-5-60, 56-5-370, 56-5-910, 56-5-920, 56-5-930, 56-5-935, 56-5-1520, 56-5-1530, 56-5-1540, 56-5-1560, 56-5-1570, 56-5-1890, 56-5-1910, 56-5-1980, 56-5-2120, 56-5-2330, 56-5-2540, 56-5-2550, 56-5-2585, 56-5-2715, 56-5-2730, 56-5-2945, 56-5-2950, 56-5-2990, 56-5-3660, 56-5-3670, 56-5-3680, 56-5-3690, 56-5-3750, 56-5-3880, 56-5-4040, 56-5-4060, 56-5-4070, 56-5-4075, 56-5-4095, 56-5-4140, 56-5-4145, 56-5-4150, 56-5-4160(E), 56-5-4170, 56-5-4175, 56-5-4180, 56-5-4185, 56-5-4190, 56-5-4200, 56-5-4205, 56-5-4210, 56-5-4220, 56-5-4720, 56-5-4840, 56-5-4880, 56-5-4940, 56-5-5010, 56-5-5320, 56-5-5330, 56-5-5340, 56-5-5350, 56-5-5360, 56-5-5400, 56-5-5410, 56-5-5420, 56-5-5430, 56-5-5670, 56-5-5810, 56-5-5830, 56-5-5850, 56-5-5860, 56-5-5870, 56-5-6140, 56-7-10, 56-7-20, 56-7-30, 56-7-50, 56-9-20, 56-10-10, 56-10-20, 56-10-40, 56-10-45, 56-10-210, 56-10-220, 56-10-240, 56-10-245, 56-10-280, 56-10-290, 56-15-10, 56-15-50, 56-15-320, 56-16-10, 56-16-20, 56-16-110, 56-16-150, 56-19-10, 56-19-80, 56-19-390, 56-19-425, 56-23-10, 56-23-40, 56-23-70, 56-23-85, 56-25-10, 56-27-10, 56-29-20, 56-29-50, 56-31-50, 57-1-10, 57-1-20, 57-1-30, 57-1-40, 57-1-45, 57-1-50, 57-1-60, 57-1-70, 57-1-80, 57-1-90, 57-1-100, 57-1-110, 57-1-140, 57-3-10, 57-3-20, 57-3-30, 57-3-35, 57-3-40, 57-3-50, 57-3-610, 57-3-620, 57-3-630, 57-3-640, 57-3-650, 57-3-660, 57-3-670, 57-3-680, 57-3-690, 57-3-700, 57-3-710, 57-3-720, 57-3-730, 57-3-750, 57-3-760, 57-3-770, 57-5-10, 57-5-20, 57-5-30, 57-5-40, 57-5-50, 57-5-60, 57-5-70, 57-5-80, 57-5-90, 57-5-100, 57-5-110, 57-5-120, 57-5-130, 57-5-140, 57-5-150, 57-5-160, 57-5-170, 57-5-180, 57-5-190, 57-5-310, 57-5-320, 57-5-330, 57-5-340, 57-5-350, 57-5-370, 57-5-380, 57-5-540, 57-5-550, 57-5-570, 57-5-580, 57-5-590, 57-5-600, 57-5-710, 57-5-720, 57-5-760, 57-5-1010, 57-5-1320, 57-5-1350, 57-5-1450, 57-5-1610, 57-5-1620, 57-5-1630, 57-5-1660, 57-11-210, 57-11-220, 57-11-240, 57-11-250, 57-11-270, 57-11-280, 57-11-290, 57-11-300, 57-11-320, 57-11-330, 57-11-340, 57-11-360, 57-11-370, 57-11-380, 57-11-390, 57-13-10, 57-13-40, 57-13-130, 57-15-140, 57-23-10, 57-23-20, 57-23-110, 57-23-120, 57-23-210, 57-23-220, 57-23-300, 57-23-310, 57-23-350, 57-23-360, 57-23-400, 57-23-410, 57-23-420, 57-23-500, 57-23-510, 57-23-520, 57-23-600, 57-23-610, 57-23-620, 57-23-700, 57-23-710, 57-23-720, 57-25-110, 57-25-120, 57-25-130, 57-25-140, 57-25-150, 57-25-155, 57-25-160, 57-25-170, 57-25-180, 57-25-185, 57-25-190, 57-25-195, 57-25-200, 57-25-210, 57-25-220, 57-25-430, 57-25-440, 57-25-460, 57-25-480, 57-25-490, 57-25-640, 57-25-650, 57-25-670, 57-25-690, 57-25-700, 57-27-20, 57-27-90, 58-1-30, 58-1-40, 58-3-20, 58-3-24, 58-3-100, 58-12-130, 58-15-1625, 58-15-1650, 58-15-1680, 58-15-1910, 58-15-1920, 58-15-1930, 58-15-1940, 58-15-1950, 58-15-2120, 58-15-2130, 58-17-1450, 58-23-1220, 58-25-80, 58-27-690, 58-35-50, 59-20-20(3), 59-53-10, 59-53-420(14), 59-54-40, 59-67-20, 59-67-260, 59-67-540, 59-67-570, 59-117-90, 59-137-50(B), 61-13-295, 61-13-410, 61-13-470, 61-13-500, 61-13-510, 61-13-540, 61-13-570, 61-13-620, 61-13-630, 61-13-750, 61-13-810, 61-13-835, 61-13-836, 61-13-875, 61-13-885, 62-3-203, 62-3-301, 62-3-704, 62-3-706, 62-3-1002, and 62-5-105, as amended by this act, are effective July 1, 1993.
(B) Chapter 28 of Title 40, Chapter 65 of Title 40, and Sections 6-9-60, 10-5-230, 10-5-240, 10-5-270, 10-5-300, 10-5-320, 10-9-320, 10-11-50, 23-9-10, 23-9-60, 23-9-65, 23-9-70, 23-9-155, 23-9-210, 23-10-10, 23-35-140, 23-36-160, 23-43-20, 23-43-70, 23-43-110, 23-43-140, 40-1-140, 40-1-310, 40-1-350, 40-3-40, 40-3-120, 40-3-135, 40-3-140, 40-6-40, 40-6-45, 40-6-180, 40-6-220, 40-7-60, 40-7-270, 40-9-30, 40-9-31, 40-9-36, 40-9-95, 40-11-40, 40-11-60, 40-11-90, 40-11-150, 40-11-180, 40-11-190, 40-11-300, 40-11-320, 40-11-350, 40-13-60, 40-13-80, 40-13-260, 40-13-300, 40-15-40, 40-15-50, 40-15-185, 40-15-200, 40-15-210, 40-15-215, 40-15-370, 40-15-380, 40-19-10, 40-19-70, 40-19-80, 40-19-160, 40-19-170, 40-22-150, 40-22-420, 40-22-440, 40-23-40, 40-23-127, 40-29-20, 40-29-50, 40-29-100, 40-29-110, 40-29-160, 40-29-210, 40-33-250, 40-33-931, 40-33-960, 40-35-70, 40-35-135, 40-36-160, 40-37-50, 40-37-230, 40-38-60, 40-38-230, 40-43-135, 40-43-260, 40-43-410, 40-45-260, 40-47-170, 40-47-200, 40-47-210, 40-47-570, 40-47-630, 40-47-660, 40-51-160, 40-55-140, 40-55-160, 40-56-10, 40-56-20, 40-57-170, 40-57-220, 40-59-50, 40-59-60, 40-59-90, 40-59-95, 40-59-130, 40-60-160, 40-60-170, 40-60-210, 40-61-40, 40-61-110, 40-63-10, 40-63-30, 40-63-120, 40-67-100, 40-67-170, 40-69-70, 40-69-150, 40-69-210, 40-69-420, 40-75-40, 40-75-180, 40-77-100, 40-77-110, 40-77-320, 41-1-10, 41-3-10, 41-3-30, 41-3-40, 41-3-50, 41-3-55, 41-3-60, 41-3-70, 41-3-80, 41-3-100, 41-3-110, 41-3-120, 41-3-130, 41-3-140, 41-3-510, 41-3-520, 41-3-530, 41-3-540, 41-15-600, 41-15-610, 41-15-620, 41-18-90, 48-27-70, 48-27-200, 52-7-15, 52-7-20, and 52-7-30, as amended by this act, are effective February 1, 1994.
(C) Sections 23-9-150, 23-9-170, 23-9-180, 23-36-80, 23-43-180, and 54-15-320, as amended by this act, are effective March 1, 1994.
(D) SECTION 344 is effective October 1, 1993.
(E) Chapter 3 of Title 50, Chapter 4 of Title 49, Article 5 of Chapter 9 of Title 48, Chapter 5 of Title 49, Chapter 5 of Title 50, Chapter 6 of Title 49, Article 7 of Chapter 9 of Title 48, Chapter 7 of Title 50, Article 9 of Chapter 9 of Title 48, Chapter 9 of Title 50, Chapter 11 of Title 50, Chapter 11 of Title 49, Chapter 13 of Title 50, Chapter 15 of Title 50, Chapter 16 of Title 50, Chapter 17 of Title 50, Chapter 18 of Title 48, Chapter 19 of Title 50, Chapter 20 of Title 50, Chapter 21 of Title 50, Chapter 21 of Title 49, Chapter 23 of Title 49, Chapter 23 of Title 50, Chapter 25 of Title 49, Chapter 25 of Title 50, Chapter 29 of Title 49, Chapter 39 of Title 48, Chapter 43 of Title 48, and Sections 1-1-110, 1-23-110, 1-23-115, 1-23-130, 1-23-160, 1-23-380, 2-22-20, 3-3-210, 3-5-40, 3-5-50, 3-5-60, 3-5-80, 3-5-100, 3-5-120, 3-5-130, 3-5-140, 3-5-150, 3-5-160, 3-5-170, 3-5-190, 3-5-320, 3-5-330, 3-5-340, 3-5-360, 11-37-200(A), 12-7-1225, 12-7-2415, 15-9-415, 16-23-20(1), 16-27-60, 16-27-80, 23-23-30, 23-28-120, 27-31-100(f), 40-23-20, 44-1-50, 44-1-100, 44-3-110, 44-3-150, 44-29-210, 44-30-10, 44-30-20, 44-40-30, 44-53-620, 44-53-630, 44-53-640, 44-53-650, 44-53-660, 44-53-1320, 44-53-1340, 44-53-1360, 44-53-1380, 44-53-1390, 44-53-1430, 44-53-1440, 44-53-1450, 44-53-1470, 44-55-20, 44-55-40, 44-55-45, 44-55-60, 44-55-2320, 44-55-2360, 44-56-20, 44-56-50, 44-56-130, 44-56-840, 44-61-70, 44-63-30, 44-65-80, 44-67-30, 44-67-50, 44-85-30, 44-85-50, 44-93-20, 44-93-50, 44-93-130, 44-96-170(O)(8), 44-96-250, 44-96-280, 46-13-150, 46-51-20, 47-3-310, 47-3-320, 47-3-420, 47-3-510, 47-3-550, 48-1-85(C), 48-1-110, 48-9-30(3), 48-9-40, 48-9-260, 48-9-270, 48-9-280, 48-9-290, 48-9-300, 48-9-310, 48-9-320, 48-9-1210, 48-9-1230, 48-9-1320, 48-9-1810, 48-9-1820, 48-9-1840, 48-9-1850, 48-11-10, 48-11-15, 48-11-90, 48-11-100, 48-11-185(D), 48-11-190(C), 48-11-210(D), Items (1)(4) and (6) of 48-14-20, 48-14-40(F), 48-14-50, 48-14-60, 48-14-70, 48-14-80, 48-14-85, 48-14-90, 48-14-110, 48-14-120, 48-14-130A(7), 48-14-140, 48-14-160, 48-14-170, 48-20-30, 48-20-40(3), 48-20-210, 48-20-270, 48-20-280, 48-45-40, 48-45-80, 48-55-10, 49-1-15, 49-27-10, 49-27-70, 49-27-80, 50-1-10, 50-1-20, 50-1-30, 50-1-40, 50-1-60, 50-1-70, 50-1-80, 50-1-85, 50-1-90, 50-1-95, 50-1-100, 50-1-110, 50-1-120, 50-1-125, 50-1-130, 50-1-135, 50-1-136, 50-1-137, 50-1-140, 50-1-150, 50-1-160, 50-1-170, 50-1-180, 50-1-190, 50-1-200, 50-1-210, 50-1-220, 50-1-230, 50-1-240, 50-1-250, 50-1-260, 50-1-270, 50-18-10(5), 51-3-145, 51-3-160, 51-15-540, 57-5-870 and 58-3-140 58-33-140 as amended by this act, are effective July 1, 1994.
(F) Sections 44-1-20, 44-1-40, and 48-20-110, as amended by this act, are effective February 1, 1995.
(G) Article 1, Chapter 27, Title 38, Article Articles 1 and 3, Chapter 79, Title 38, Chapter 3, Title 38, Article 3, Chapter 27, Title 38, Chapter 5, Title 38, Article 5, Chapter 37, Title 38, Article 5 of Chapter 75 of Title 38, Chapter 7 of Title 38, Chapter 9 of Title 38, Article 9 of Chapter 77 of Title 38, Chapter 11 of Title 38, Chapter 13 of Title 38, Article 13 of Chapter 37 of Title 38, Chapter 26 of Title 38, Chapter 29 of Title 38, Chapter 31 of Title 38, Chapter 33 of Title 38, Chapter 39 of Title 38, Chapter 41 of Title 38, Chapter 45 of Title 38, Chapter 47 of Title 38, Chapter 61 of Title 38, Chapter 73 of Title 38, Chapter 81 of Title 38, Chapter 83 of Title 38, Chapter 89 of Title 38, and Sections 2-7-73(A), 2-23-10, 8-13-740(A)(2)(c), 8-13-740(A)(6)(c), 12-23-310, 15-9-270, 15-9-280(c), 15-9-280(a), 15-9-280(d), 15-9-310, 17-13-80, 20-7-2640, 23-9-90, 33-37-460(3)(b), 33-39-460(3)(b), 34-29-160, 37-6-605, 38-1-20, 38-2-10, 38-15-10, 38-15-20, 38-15-30, 38-15-50, 38-17-30, 38-17-50, 38-17-60, 38-17-70, 38-17-90, 38-17-120, 38-17-140, 38-17-150, 38-17-170, 38-19-40, 38-19-50, 38-19-440, 38-19-470, 38-19-480, 38-19-490, 38-19-610, 38-19-640, 38-19-650, 38-19-825, 38-21-10(2), 38-21-20(11), 38-21-30(3), 38-21-50, 38-21-60, 38-21-70, 38-21-90, 38-21-100, 38-21-110, 38-21-120, 38-21-125, 38-21-130, 38-21-140, 38-21-160, 38-21-170, 38-21-190, 38-21-200, 38-21-210, 38-21-220, 38-21-240, 38-21-250, 38-21-260, 38-21-270, 38-21-280, 38-21-290, 38-21-300, 38-21-310, 38-21-320, 38-21-330, 38-21-340, 38-21-350, 38-21-370, 38-23-20, 38-23-40, 38-23-50, 38-23-70, 38-23-80, 38-23-100, 38-25-10, 38-25-110, 38-25-160, 38-25-310, 38-25-510, 38- 25-520, 38-25-540, 38-25-550, 38-25-570, 38-27-310, 38-27-320, 38-27-330(a), 38-27-350, 38-27-360, 38-27-370, 38-27-390, 38-27-400, 38-27-410, 38-27-500(e), 38-27-520, 38-27-640, 38-27-660, 38-27-670, 38-27-680, 38-27-910(a), 38-27-920, 38-27-930(b), 38-27-940(a), 38-27-950, 38-35-10, 38-35-40, 38-35-50, 38-37-60, 38-37-220, 38-37-230, 38-37-240, 38-37-250, 38-37-260, 38-37-300, 38-37-710, 38-37-720, 38-37-900, 38-37-910, 38-37-920, 38-37-1310, 38-37-1360, 38-43-20, 38-43-30, 38-43-40, 38-43-70, 38-43-100, 38-43-105, 38-43-106, 38-43-110, 38-43-130, 38-43-230, 38-43-250, 38-43-260, 38-44-30, 38-44-40(4), 38-44-50, 38-44-70, 38-44-80, 38-46-20(10)(c), 38-46-30, 38-46-60, 38-46-70, 38-46-90, 38-46-100, 38-46-110, 38-46-120, 38-49-20, 38-51-20, 38-51-30, 38-51-60, 38-53-10(11), 38-53-20, 38-53-80, 38-53-90, 38-53-100, 38-53-110, 38-53-130, 38-53-140, 38-53-150, 38-53-160, 38-53-170(f), 38-53-200, 38-53-210, 38-53-220, 38-53-230, 38-53-310, 38-53-320, 38-55-20, 38-55-40, 38-55-60, 38-55-80, 38-55-120, 38-55-140, 38-55-180, 38-57-150(2), 38-57-200, 38-57-210, 38-57-220, 38-57-230, 38-57-240, 38-57-250, 38-57-260, 38-57-270, 38-57-280, 38-57-290, 38-57-300, 38-57-310, 38-59-30, 38-63-220(n), 38-63-250(a), 38-63-520, 38-63-580, 38-63-590, 38-63-600(8) and (11), 38-63-610, 38-63-650, 38-65-60, 38-65-210, 38-67-10(c),(d), and (f), 38-67-30, 38-67-40, 38-69-120(11), 38-69-230, 38-69-320, 38-70-10(4) and (5), 38-70-20, 38-70-30, 38-70-40, 38-70-50, 38-70-60, 38-71-70, 38-71-190, 38-71-310, 38-71-315, 38-71-320, 38-71-325, 38-71-330(7), 38-71-335(B), 38-71-340, 38-71-370, 38-71-410, 38-71-510, 38-71-530, 38-71-540, 38-71-550(a) 38-71-550(b), 38-71-720, 38-71-730(6), 38-71-735, 38-71-750, 38-71-920(6),(11)(c), and (12), 38-71-950(B), 38-71-970, 38-71-980, 38-71-1010(6), 38-71-1020, 38-71-1110, 38-72-40, 38-72-60(A), (C)(3), and (F)(1)(a), 38-74-10(13), 38-74-20, 38-74-60(C)(2), 38-74-70, 38-75-230, 38-75-750(a)(5), 38-75-780, 38-75-930, 38-75-940, 38-75-950, 38-75-960, 38-75-980, 38-77-10(1), 38-77-30(12), 38-77-110(A), 38-77-115, 38-77-120, 38-77-150, 38-77-200, 38-77-260, 38-77-280, 38-77-320, 38-77-330, 38-77-350(A), 38-77-520, 38-77-530, 38-77-570, 38-77-580, 38-77-590(a),(b),(e),(f), and (g), 38-77-600, 38-77-610, 38-79-430, 38-85-70, 38-85-80, 38-87-20(1), (8)(h), and (11)(c)(ii), 38-87-30, 38-87-40, 38-87-50(D), 38-87-80, 38-87-110, 38-87-140, 44-2-75, 44-6-5, 44-6-10, 44-6-30, 44-6-40, 44-6-45, 44-6-50, 44-6-70, 44-6-80, 44-6-90, 44-6-100, 44-6-140, 44-6-146, 44-6-150, 44-6-155, 44-6-160, 44-6-170, 44-6-180, 44-6-190, 44-6-220, 44-6-300, 44-6-310, 44-6-320, 44-6-400, 44-6-410, 44-6-420, 44-6-430, 44-6-440, 44-6-460, 44-6-470, 44-6-500, 44-6-520, 44-6-530, and 59-53-2050, as amended by this act, are effective July 1, 1995.
(H) Articles 3, 5, 7, 9, and 11 of Chapter 1 of Title 13, Chapter 2 of Title 13, Chapter 6 of Title 23, Article 5 of Chapter 23 of Title 1, Chapter 30 of Title 1, and Sections 1-3-215, 2-47-60, 2-68-50, 12-2-5, 12-4-15, 12-4-400, 12-4-410, 12-27-35, 12-27-1265, 23-3-15, 23-3-25, 44-20-225, 51-1-300, 51-1-310, 51-1-500, 51-1-510, 56-1-3350, 56-1-3360, 56-1-3370, 56-1-3380, 56-1-3390, 56-1-3400, 56-3-4710, 56-3-4720, 56-3-4730, 56-3-4740, 56-5-4160(H), 57-1-310, 57-1-320, 57-1-325, 57-1-330, 57-1-340, 57-1-350, 57-1-410, 57-1-430, 57-1-440, 57-1-450, 57-1-490, 57-3-110, 57-3-120, 57-3-600, 57-3-780, and 58-3-26, as added by this act, are effective July 1, 1993.
(I) Sections 40-73-15 and 41-3-610, as added by this act, are effective February 1, 1994.
(J) Chapter 4 of Title 48, Chapter 22 of Title 48, and Sections 1-23-111, 47-5-30, 48-9-15, 48-9-45, 49-1-16, and 50-1-5, as added by this act, are effective July 1, 1994.
(K) Section 38-1-30, as added by this act, is effective July 1, 1995.
(L) SECTIONS 99A, 253A, 343(B), 345, 495, 784, 785, 786, 787, 813A, 815, 996, 997, 1143, 1179, 1226, 1243, 1281, 1436, 1437, 1543, 1544, 1545, 1546, 1581, 1601, 1604, 1605, 1612, 1613, 1614, 1615, 1616, 1617 and 1618 are effective July 1, 1993.
(M) Section 345 is effective February 1, 1994.
(N) SECTIONS 99B, 253B, 1144, 1180, 1227, 1244, 1273, and 1282 are effective July 1, 1994.
(O) SECTIONS 496, 502, 813B, 816, 1145, and 1587 are effective July 1, 1995."
SECTION 322. References in Titles 20 and 43 of the 1976 Code to the Director of the Department of Social Services mean the State Director of the Department of Social Services so as to distinguish the State Director from County Directors. References in Titles 20 and 43 of the 1976 Code to State Commissioner or Commissioner of the Department of Social Services mean the State Director of the Department of Social Services. The Code Commissioner shall change references in the 1976 Code to conform to this act and such changes must be included in the next printing of replacement volumes or cumulative supplements.
SECTION 323. References in the the 1976 Code to the "Director of the Department of Insurance" mean the "Chief Insurance Commissioner" and references to the "deputy director of the Department of Insurance" mean the "designee of the Chief Insurance Commissioner." The Code Commissioner shall change references in the 1976 Code to conform with this act, and such changes must be included in the next printing of replacement volumes or cumulative supplements.
SECTION 324. References in the 1976 Code to the "Board of Probation, Parole and Pardon Services" mean "Board of Paroles and Pardons." The Code Commissioner shall change references in the 1976 Code to conform to this act and such changes must be included in the next printing of replacement volumes or cumulative supplements.
SECTION 325. References in the 1976 Code to "Department of Revenue and Taxation" mean "Department of Revenue." The Code Commissioner shall change references in the 1976 Code to conform to this act and such changes must be included in the next printing of replacement volumes or cumulative supplements.
SECTION 326. (A) Sections 24-23-10, 38-1-30, as added by Act 181 of 1993, 43-3-50, 56-10-20, and 56-3-250 are repealed upon approval by the Governor.
(B) Sections Chapter 61 of Title 40, 41-15-310, 43-21-120, 43-21-140, 48-9-230, 49-5-130, 49-21-80, Chapter 17 of Title 51, 56-5-4170, 56-5-4175, 56-5-4180, 56-5-4185, 56-5-4190, 56-5-4200, and 56-5-4205 are repealed effective July 1, 1994.
(C) Chapter 5 of Title 12 is repealed effective February 1, 1995.
SECTION 327. Article 13, Chapter 3, of Title 56 of the 1976 Code is amended by adding:
"Section 56-3-1720. The Department of Revenue shall supply, at an appropriate fee, a special license plate for use on all law enforcement motor vehicles primarily operated by line law enforcement personnel of the Department of Public Safety. These plates shall bear the words "South Carolina," a number, and a prefix, `HP' or `TP', to designate respectively the highway patrol or transport police. The Department of Revenue shall not issue these prefixes for use on any motor vehicles except those operated by the Department of Public Safety."
SECTION 328. Section 56-5-1520(f) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(f) Five dollars of the fines listed in subsection (d)(3) and (4) must be credited to the state general fund deposited into the `Law Enforcement Enhancement Account' in the office of the State Treasurer. In expending the funds credited to the state general fund deposited in the account under subsection (d), the department first shall Director of the Department of Public Safety must consider the need for (1) additional highway patrolmen troopers and officers, (2) pay shift differential for troopers and officers, and (3) continuing education and training for troopers and officers."
SECTION 329. To honor and recognize the history and heritage of this State and the many contributions of its diverse citizenry, it is necessary and appropriate to codify the placement of certain symbols on the Capitol Complex and within the State House which salute the contributions and sacrifices to our constitutional history. Effective July 21, 1994, and continuously thereafter, the Confederate Flag atop the State House must be relocated as provided in this section.
The South Carolina infantry battle flag of the Confederate States of America [the Battle Flag of the Army of Northern Virginia (General Robert E. Lee's Army)] shall be displayed at the Confederate Soldier's Monument on the State House grounds. This flag is square with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field; with the whole banner bordered in white. The total outside measurement of the flag is to be fifty-two inches square, inclusive of the white border. The blue arms of the cross are 7.5 inches wide and the white border around the flag proper is 1.5 inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter, and are uniform in size. This flag may be larger than described above as may be aesthetically necessary.
The First National Flag of the Confederacy (Stars and Bars) shall be displayed at the Women's Monument to the Confederacy on the State House grounds and shall measure approximately three feet by five feet or larger as aesthetically required.
The Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the flags authorized above shall be placed at all times as directed in this section and shall replace the flags at appropriate intervals as may be necessary due to wear. The respective flags may only be removed during times of renovation and/or repair of the State House and the flags shall be returned upon completion of any such work.
SECTION 330. A Civil Rights Monument Commission is hereby created to design and establish an appropriate monument and flags to be placed on the grounds of the Capitol Complex to honor and recognize the efforts made to afford and guarantee equal rights and opportunities for all South Carolinians irrespective of race or ethnic origin. The commission is empowered and directed to raise private funds, to receive gifts and grants to carry out the purpose for which it is created, and to designate the location of the monument. The commission shall designate the location of the monument by the placement of an appropriate flag. By April 15, 1995, the commission shall report the proposed design and location of the monument to the General Assembly for approval. Upon the dedication of this monument, the commission shall dissolve. Upon dissolution, the State shall ensure proper maintenance of the monument as is done for other historical monuments on the grounds of the Capitol Complex.
Three members must be appointed by the President Pro Tempore of the Senate and three members must be appointed by the Speaker of the House of Representatives. Notwithstanding Section 8-13-770, members of the General Assembly may be appointed to this commission. The President Pro Tempore and the Speaker of the House of Representatives shall appoint a seventh member as chairman who shall vote only in cases of a tie.
Members of the commission may receive per diem and subsistence from the respective approved accounts of each body while attending meetings of the commission. All other expenses relating to the establishment and placement of the monument shall be paid for from funds derived as provided in the first paragraph of this section.
SECTION 331. No monument, marker, or memorial located on public property of the State or its political subdivisions or any street, highway, or park honoring the memory of the Confederacy or individuals who served in the Confederate Army, Navy, and Marine Corps or the Women of the Confederacy or the memory of the civil rights struggle or individuals who participated in such struggle may be removed or renamed without two-thirds vote of each branch of the General Assembly.
SECTION 332. As provided by the rules of the respective bodies, a statement shall be placed in the Journals of the House of Representatives and the Senate explaining the heritage represented by the Battle Flags of the Confederacy as military banners and that they are displayed as such and are not racist emblems per se.
SECTION 333. This act takes effect upon approval by the Governor except as follows:
(1) Sections 1-30-75, 9-1-1535, 12-27-390, 27-2-85, 27-2-95, 27-2-105, 31-13-30, 39-23-10, 39-23-20, 39-23-30, 39-23-40, 39-23-50, 39-23-60, 39-23-70, 39-23-80, 39-23-100, 39-23-110, 39-23-120, 39-23-130, 44-1-50, 44-6-170(A)(13), 44-7-370(A), 44-38-380(A)(1)(k), 44-55-120(C), 44-56-60(a)(3), 44-67-90, 48-4-10, 48-9-30, 48-9-215, 48-9-610, 48-9-1210, 48-9-1230, 48-9-1820, 48-9-1840, 48-9-1850, 48-22-10, 48-22-20, 48-22-30, 48-22-40, 48-22-50, 48-22-60, 48-22-70, 48-22-80, 48-22-90, 48-39-150(D), 48-39-210, 48-39-280(A)(4), 48-39-280(E), 48-39-290(D), 48-49-70, 49-1-15, 49-3-60, 49-4-15(2), 50-3-90, 50-3-310, 50-3-315(A), 50-3-510, 50-5-20, 50-5-110, 50-7-10, 50-9-70, 50-9-470, 50-17-320, 50-17-365, 50-17-730, 50-27-10, 50-27-20, 50-27-30, 50-27-40, 50-27-50, 50-27-60, 50-27-70, 50-27-80, 50-27-90, 50-27-100, 50-27-110, 50-27-115, 50-27-120, 50-27-130, 50-27-140, 50-27-150, 56-1-221(A), 57-3-130, 57-3-140, 57-3-150, 57-3-160, 57-3-170, 57-3-180, and 57-3-190 take effect July 1, 1994.
(2) Sections 1-3-240(C)(2), 12-4-30(C), 12-4-40, 12-4-50, 12-4-60, 12-4-70, 12-4-760, 12-37-2680, and 12-43-300 take effect February 1, 1995.
(3) Sections 38-3-110, 38-27-520, 38-43-106(C), 38-73-1380, 38-77-580, 38-79-270, 38-81-270, 42-5-60, 43-7-410(B) and (C), 43-7-420, 43-7-430, 43-7-440, 43-35-310(A)(2)(j), 44-6-5(4), 44-6-140(A)(2), 44-6-146(A), 44-6-170(A)(14), 44-6-520, 44-6-540, 44-6-720(B)(4)(b)(iv) and (5), 44-6-730, 44-7-90, and 44-38-380(A)(1)(i) take effect July 1, 1995.
(4) Section 12-4-75, SECTIONS 333, 334, and 335 take effect July 1, 1996.