Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

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| Printed Page 4630, Apr. 14 | Printed Page 4650, Apr. 19 |

Printed Page 4640 . . . . . Tuesday, April 19, 1994

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

REPORT OF STANDING COMMITTEE

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 4793 -- Rep. Sharpe: A BILL TO AMEND SECTION 1-30-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGENCIES AND BOARDS UNDER THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, SO AS TO ADD THE BOARD OF MASSAGE; AND TO AMEND CHAPTER 30, TITLE 40, RELATING TO MASSEURS AND MASSEUSES, SO AS TO CREATE THE SOUTH CAROLINA BOARD OF MASSAGE, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, TO PROVIDE LICENSING REQUIREMENTS, TO ESTABLISH FEES, AND TO PROVIDE GROUNDS FOR DISCIPLINARY ACTION AND PENALTIES.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 5138 -- Rep. Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT MIDDLE SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE STATE HOUSE AND THE COMMITTEE HEARING ROOMS IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON FRIDAY, MARCH 17, 1995, SO AS TO CONDUCT A YOUTH IN GOVERNMENT MIDDLE SCHOOL PROGRAM, PROVIDE FOR THE USE OF TEMPORARY HOUSE AND SENATE CHAMBERS, AND PROVIDE FOR ASSISTANCE BY HOUSE, SENATE, AND STATE HOUSE SECURITY.

The Concurrent Resolution was ordered referred to the Committee on Rules.


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CONCURRENT RESOLUTION

The following was introduced:

H. 5139 -- Rep. Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE STATE HOUSE AND THE COMMITTEE HEARING ROOMS IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 1, 1994, AND FRIDAY, DECEMBER 2, 1994, SO AS TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, PROVIDE FOR THE USE OF TEMPORARY HOUSE AND SENATE CHAMBERS, AND PROVIDE FOR ASSISTANCE BY HOUSE, SENATE, AND STATE HOUSE SECURITY.

The Concurrent Resolution was ordered referred to the Committee on Rules.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1353 -- Senator Drummond: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CONSIDER MAINTAINING THE CURRENT ALLOCATION SYSTEM FOR THE STATE REVOLVING FUND CAPITALIZATION GRANTS WHICH IS PROPOSED TO BE CHANGED AS A PART OF S.1114 PRESENTLY PENDING BEFORE THE UNITED STATES SENATE.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1355 -- Senator Washington: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE AND NAME THE CROSSWALK AT SECONDARY ROAD S-428 OVER INTERSTATE HIGHWAY I-95 IN RIDGELAND, JASPER COUNTY, AS THE "JUANITA M. WHITE CROSSWALK" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


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CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1356 -- Senator Setzler: A CONCURRENT RESOLUTION TO COMMEND LARRY W. PROPES FOR HIS EXEMPLARY SERVICE TO THE STATE OF SOUTH CAROLINA WITH THE DEPARTMENT OF MENTAL HEALTH AND THE OFFICE OF COURT ADMINISTRATION UPON HIS APPOINTMENT AS CLERK OF THE FEDERAL DISTRICT COURT, AND TO WISH HIM THE VERY BEST IN HIS NEW ENDEAVOR.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 5142 -- Reps. Sheheen and Wilkins: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 18 SO AS TO PROVIDE FOR THE PROCEDURES APPLICABLE FOR THE VARIOUS RETIREMENT SYSTEMS IN ACTING ON JUDICIAL ORDERS PROVIDING FOR ALIMONY OR MARITAL PROPERTY RIGHTS AFFECTING CERTAIN BENEFITS PAYABLE BY THE SYSTEM.

Rep. WILKINS asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. BOAN objected.

Referred to Committee on Judiciary.

S. 961 -- Senator Bryan: A BILL TO AMEND SECTION 12-27-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE DISTRIBUTION AND USE OF THE 2.66 CENTS A GALLON GASOLINE TAX, SO AS TO PROVIDE FOR THE USES OF "C" FUNDS INCLUDING THE USE OF "C" FUNDS ON STATE, COUNTY, AND MUNICIPAL HIGHWAY SYSTEMS; TO PROVIDE THAT UP TO FIFTY PERCENT OF "C" FUNDS MAY BE EXPENDED FOR LOCAL PAVING OR IMPROVING COUNTY ROADS AND FOR STREET AND TRAFFIC SIGNS, INCLUDING


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ROCKING PROGRAMS; TO PROVIDE THAT THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATION ACT MAY TRANSFER FUNDS TO LOCAL COUNTY GOVERNING BODIES; TO PROVIDE THAT THE TAX COMMISSION SUBMIT TO A COUNTY TRANSPORTATION COMMITTEE A PERCENTAGE OF THE FUNDS COLLECTED; TO PROVIDE THAT COUNTYWIDE AND REGIONAL TRANSPORTATION PLANS WHICH AFFECT THE STATE HIGHWAY SYSTEM BE REVIEWED AND APPROVED BY THE DEPARTMENT OF TRANSPORTATION; AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION MAY NOT AFFECT THE STATE HIGHWAY SYSTEM EXCEPT BY WRITTEN AGREEMENT OF THE DEPARTMENT OF TRANSPORTATION.

Referred to Committee on Ways and Means.

S. 1262 -- Senators Giese, Land, Ford, Glover, Waldrep, Moore and Jackson: A BILL TO AMEND SECTION 24-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FURLOUGHS FOR QUALIFIED INMATES OF THE STATE PRISON SYSTEM, SO AS TO PROHIBIT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS FROM EXTENDING THE BENEFITS OF THIS SECTION TO A PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 UNLESS, WHERE APPLICABLE, THE VICTIM OF THE CRIME FOR WHICH THE OFFENDER IS CHARGED, OR THE RELATIVES OF THE VICTIM, THE LAW ENFORCEMENT AGENCY WHICH EMPLOYED THE ARRESTING OFFICER OF THE OFFENDER, AND THE SOLICITOR IN WHOSE CIRCUIT THE OFFENDER WAS CONVICTED RECOMMEND IN WRITING THAT THE OFFENDER BE ALLOWED TO PARTICIPATE IN THE FURLOUGH PROGRAM IN THE COMMUNITY WHERE THE OFFENSE WAS COMMITTED.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

S. 1336 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 24-13-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS AND DEFINITIONS UNDER THE "HOME DETENTION ACT", SO AS TO MAKE CHANGES TO THE DEFINITIONS OF "COURT" AND "PARTICIPANT"; TO AMEND SECTION 24-13-1530, RELATING TO PRISONERS AND CORRECTIONAL PROGRAMS FOR WHICH HOME DETENTION MAY BE SUBSTITUTED, SO AS TO PROVIDE,


Printed Page 4644 . . . . . Tuesday, April 19, 1994

AMONG OTHER THINGS, THAT LOCAL GOVERNMENTS MAY ESTABLISH BY ORDINANCE A CERTAIN ALTERNATIVE TO INCARCERATION FOR PERSONS WHO ARE AWAITING TRIAL AND FOR OFFENDERS WHOSE SENTENCES DO NOT PLACE THEM IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-13-1560, RELATING TO THE USE OF AN ELECTRONIC MONITORING DEVICE UNDER THE "HOME DETENTION ACT", SO AS TO PROVIDE THAT THE PARTICIPANT'S USE OF SUCH A DEVICE IS CONDITIONED UPON BEING INSTRUCTED TO USE THE DEVICE; AND TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO THE PROVISION THAT THE "HOME DETENTION ACT" IS NOT APPLICABLE TO CONTROLLED SUBSTANCES OFFENDERS AND TO THE PROVISION THAT PROBATION AND PAROLE AUTHORITY IS NOT DIMINISHED BY ANY OF THE PROVISIONS OF THE "HOME DETENTION ACT", SO AS TO DEFINE FURTHER AND LIMIT THE TYPE OF CONTROLLED SUBSTANCES OFFENDER TO WHOM THE "HOME DETENTION ACT" DOES NOT APPLY.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

CONCURRENT RESOLUTION

The following was introduced:

H. 5140 -- Reps. Harvin and Canty: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THE HONORABLE JAMES E. MAYES OF MAYESVILLE, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 5141 -- Reps. Harvin, Askins, Baxley, G. Brown, Canty, Cobb-Hunter, Harrelson, Harwell, Hines, Houck, Inabinett, McKay, McElveen, McLeod and Neal: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES COMMISSION TO RENAME THE "JOHN C. LAND LANDING" AT THE END OF SOUTH CAROLINA HIGHWAY 260


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BELOW THE LAKE MARION DAM AS THE "BORROW PIT LANDING" AND TO RENAME THE "LOG JAM LANDING" ON TAWCAW CREEK ON LAKE MARION AS THE "LOG JAM LANDING-JOHN C. LAND SPORTSFISHING AND BOATING CENTER".

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Bailey, G.       Bailey, J.
Baxley           Boan             Breeland
Brown, G.        Cato             Chamblee
Clyborne         Cobb-Hunter      Cooper
Corning          Cromer           Delleney
Fair             Farr             Fulmer
Gamble           Govan            Hallman
Harrelson        Harris, J.       Harris, P.
Harrison         Harvin           Hines
Hodges           Hutson           Inabinett
Jaskwhich        Jennings         Keegan
Kelley           Kennedy          Keyserling
Kinon            Kirsh            Klauber
Koon             Lanford          Law
Littlejohn       Marchbanks       Mattos
McCraw           McKay            McMahand
McTeer           Meacham          Moody-Lawrence
Neal             Neilson          Phillips
Rhoad            Richardson       Riser
Robinson         Scott            Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Snow             Spearman
Stille           Stone            Stuart
Townsend         Trotter          Tucker
Vaughn           Waites           Waldrop
Walker           Wells            Whipper
White            Wilder, D.       Wilder, J.
Wilkins          Witherspoon      Wofford
Wright           Young, A.        Young, R.

Printed Page 4646 . . . . . Tuesday, April 19, 1994

STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, April 19. Terry E. Haskins Robert A. Barber, Jr. Robert W. Harrell, Jr. Morgan Martin John G. Felder Dewitt Williams Harry R. Askins William S. Houck, Jr. C. Lenoir Sturkie Charles R. Sharpe Eugene C. Stoddard Stephen E. Gonzales Irene K. Rudnick Lindsey O. Graham Henry E. Brown, Jr. Paula H. Thomas Joe E. Brown Alma W. Byrd Harold G. Worley G. Ralph Davenport, Jr. E.B. McLeod, Jr. B. Hicks Harwell D.N. Holt, Jr. Timothy C. Wilkes Larry L. Elliott Dell Baker Donald W. "Don" Beatty

Total Present--117

LEAVES OF ABSENCE

The SPEAKER granted Rep. McELVEEN a leave of absence for the day.

The SPEAKER granted Rep. CARNELL a leave of absence for today and tomorrow due to a death in the family.

STATEMENT OF ATTENDANCE

Rep. HARRELSON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, March 17.

DOCTOR OF THE DAY

Announcement was made that Dr. William C. Gerard of Florence, is the Doctor of the Day for the General Assembly.


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ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 5114 -- Reps. Wright and Riser: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE IRMO FIRE DISTRICT IN LEXINGTON COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF THE GOVERNING BOARD, AND AT THE TIME OF THE GENERAL ELECTION IN 1994, PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD, CHANGE THE POWERS OF THE BOARD, PROVIDE THAT THE PROPERTY OF ANY PERSON CONTIGUOUS TO THE DISTRICT MUST BE ADDED TO THE DISTRICT UPON RECEIPT AND ACCEPTANCE BY THE BOARD OF COMMISSIONERS OF A REQUEST FROM THE PROPERTY OWNER REQUESTING THE INCLUSION, PROVIDE THAT WHEN THE TOWN OF IRMO ANNEXES ITS TERRITORY THE PROPERTY ANNEXED SHALL AUTOMATICALLY BECOME PART OF THE IRMO FIRE DISTRICT, AUTHORIZE THE DISTRICT TO ISSUE GENERAL OBLIGATION BONDS NOT EXCEEDING ONE MILLION DOLLARS.

H. 5116 -- Reps. Neilson, Baxley and Hines: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO DELETE THE PHILADELPHIA PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON WHICH SUCH PRECINCTS ARE SHOWN.

S. 1096 -- Senators Land, Moore, Waldrep and Giese: A BILL TO AMEND SECTION 20-7-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF CERTAIN VIOLATIONS BY JUVENILES, SO AS TO REQUIRE THE FAMILY COURTS TO REPORT ALSO VIOLATIONS THAT AFFECT THE JUVENILE'S PRIVILEGE TO DRIVE; TO AMEND SECTION 56-1-745, AS AMENDED, RELATING TO SUSPENSION OF DRIVER'S LICENSES FOR CONTROLLED SUBSTANCE VIOLATIONS, SO AS TO MAKE TECHNICAL CORRECTIONS AND TO DEFINE CONTROLLED SUBSTANCE VIOLATIONS; TO AMEND SECTION 56-1-747, RELATING TO WHAT CONSTITUTES A


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CONVICTION FOR SUSPENSION PURPOSES, SO AS TO INCLUDE JUVENILE PROCEEDINGS.

Rep. HODGES explained the Bill.

S. 1175 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 1-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO REFER TO THE HEAD OF THE DEPARTMENT OF COMMERCE AS THE "SECRETARY OF COMMERCE" INSTEAD OF "DIRECTOR OF THE DEPARTMENT OF COMMERCE", AND PROVIDE THAT THE SECRETARY OF COMMERCE MAY APPOINT A DEPARTMENTAL EXECUTIVE DIRECTOR AND CERTAIN DIRECTORS TO MANAGE THE DIVISIONS OF THE DEPARTMENT; TO AMEND SECTION 13-1-30, RELATING TO DIRECTOR OF THE DEPARTMENT OF COMMERCE, HIS DUTIES AND RESPONSIBILITIES, AND DEPUTY DIRECTORS, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL BE HEADED BY A SECRETARY, TO BE KNOWN AS THE SECRETARY OF COMMERCE, RATHER THAN A DIRECTOR, AUTHORIZE THE SECRETARY TO APPOINT AN EXECUTIVE DIRECTOR TO SERVE AT THE PLEASURE OF THE SECRETARY AND TO BE RESPONSIBLE TO THE SECRETARY FOR THE OPERATION OF PROGRAMS OUTLINED BY THE SECRETARY, AND AUTHORIZE THE SECRETARY TO APPOINT A "DIRECTOR", RATHER THAN A "DEPUTY DIRECTOR", FOR EACH DIVISION OF THE DEPARTMENT, WHO SHALL SERVE AT THE PLEASURE OF THE SECRETARY AND BE RESPONSIBLE TO THE SECRETARY FOR THE OPERATION OF THE PROGRAMS OUTLINED BY HIM; TO AMEND SECTION 13-1-310, RELATING TO THE DIVISION OF STATE DEVELOPMENT OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO DELETE THE TERM "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", PROVIDE THAT "DIRECTOR" MEANS THE DIRECTOR FOR THE DIVISION OF STATE DEVELOPMENT, AND PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR"; TO AMEND SECTION 13-1-610, RELATING TO THE DIVISION OF SAVANNAH VALLEY DEVELOPMENT OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO DELETE "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", PROVIDE THAT "DIRECTOR" MEANS THE DIRECTOR FOR THE DIVISION OF SAVANNAH VALLEY DEVELOPMENT, AND


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PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR"; TO AMEND SECTION 13-1-1320, RELATING TO THE DIVISION OF PUBLIC RAILWAYS OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR", DELETE "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", AND PROVIDE THAT "DIRECTOR" MEANS THE PERSON OR PERSONS APPOINTED BY THE SECRETARY TO SUPERVISE AND CARRY OUT THE FUNCTIONS AND DUTIES OF THE PUBLIC RAILWAYS DIVISION; TO AMEND SECTION 55-1-5, RELATING TO THE DIVISION OF AERONAUTICS OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR", DELETE "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", AND PROVIDE THAT "DIRECTOR" MEANS THE PERSON OR PERSONS APPOINTED BY THE SECRETARY TO SUPERVISE AND CARRY OUT THE FUNCTIONS AND DUTIES OF THE DIVISION OF AERONAUTICS; TO PROVIDE THAT UPON THE EFFECTIVE DATE OF THIS ACT THE TITLE "DIRECTOR OF THE DEPARTMENT OF COMMERCE" IS CHANGED FOR ALL PURPOSES UNDER THE LAWS OF THIS STATE TO "SECRETARY OF COMMERCE"; TO PROVIDE THAT CERTAIN TERMS MEAN AND INCLUDE THE SECRETARY OF COMMERCE WHENEVER THE CONTEXT CAN BE CONSTRUED TO INCLUDE OR REFER TO THE EXECUTIVE AND ADMINISTRATIVE HEAD OF THE DEPARTMENT OF COMMERCE OR HIS DESIGNEE; TO PROVIDE THAT CERTAIN TERMS MEAN AND INCLUDE A DIRECTOR WITHIN THE DEPARTMENT OF COMMERCE WHENEVER THE CONTEXT CAN BE CONSTRUED TO INCLUDE OR REFER TO ANY PERSON APPOINTED BY THE SECRETARY OF COMMERCE AS THE ADMINISTRATIVE HEAD OF A PARTICULAR DIVISION OF THE DEPARTMENT OF COMMERCE; TO PROVIDE THAT "DIRECTOR OF THE DEPARTMENT OF COMMERCE" WHEREVER USED OR SET FORTH IN THE LAWS OF THIS STATE MEANS THE SECRETARY OF COMMERCE, THAT IS, THE EXECUTIVE AND ADMINISTRATIVE HEAD OF THE DEPARTMENT OF COMMERCE; AND TO REQUIRE THE CODE COMMISSIONER TO CHANGE CERTAIN TERMINOLOGY AND NOMENCLATURE SO AS TO
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COMPLY WITH THE DIRECTIVES AND THE INTENT OF THIS ACT.


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