Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995
Page Finder Index
| Printed Page 3650, May 18
| Printed Page 3687, May 18
|
Printed Page 3660 . . . . . Thursday, May 18,
1995
PARLIAMENTARY INQUIRY
Rep. MARCHBANKS inquired about a fiscal impact statement being attached to
the Bill.
The SPEAKER stated that in compliance with Rule 5.13 the Bill did have a
fiscal impact statement attached.
Printed Page 3661 . . . . . Thursday, May 18,
1995
POINT OF ORDER
Rep. HUFF raised the Point of Order that the Bill was out of order in that
the revised fiscal impact statement was not attached to the Bill in compliance
with Rule 5.13 and the fiscal impact statement in the Bill did not reflect the
changes that had been made.
Rep. SHEHEEN stated that the fiscal impact statement in the Bill was all that
was required under Rule 5.13 before the Bill received second reading.
Rep. HUFF continued to argue that the new revised fiscal impact statement
should be attached to the Bill.
The SPEAKER stated that the fiscal impact statement in the Bill met the
requirements of Rule 5.13 and he overruled the Point of Order.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Yeas 70; Nays 34
Those who voted in the affirmative are:
Anderson Askins Baxley
Boan Breeland Brown, H.
Brown, J. Brown, T. Byrd
Cain Canty Carnell
Cave Clyburn Cobb-Hunter
Cotty Cromer Dantzler
Fulmer Gamble Govan
Hallman Harrell Harris, J.
Harrison Harvin Harwell
Hines Hodges Howard
Hutson Inabinett Jennings
Keegan Kelley Keyserling
Kinon Kirsh Knotts
Koon Law Lloyd
Martin McAbee McElveen
McMahand McTeer Moody-Lawrence
Neal Neilson Phillips
Rhoad Richardson Riser
Rogers Sandifer Seithel
Sheheen Shissias Spearman
Stuart Thomas Waldrop
Whipper, S. White Wilder
Printed Page 3662 . . . . . Thursday, May 18,
1995
Wilkes Witherspoon Wofford
Wright
Total--70
Those who voted in the negative are:
Allison Cato Chamblee
Cooper Davenport Delleney
Easterday Fair Fleming
Herdklotz Huff Klauber
Limbaugh Limehouse Littlejohn
Marchbanks Meacham Quinn
Rice Robinson Simrill
Smith, D. Smith, R. Stille
Townsend Tripp Trotter
Vaughn Walker Wells
Whatley Wilkins Young, A.
Young, J.
Total--34
So, the Bill was read the second time and ordered to third reading.
STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from
voting on the below referenced bill or amendment because of a potential conflict
of interest and wish to have my recusal noted for the record in the House
Journal of this date.
Bill #: S. 46
The reason for abstaining on the above reference legislation is:
A potential conflict of interest may exist in that an economic interest of
myself, an immediate family member, or an individual or business with which I am
associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. E. DeWITT McCRAW
RECURRENCE TO THE MORNING HOUR
Rep. J. BROWN moved that the House recur to the morning hour, which was
agreed to.
Printed Page 3663 . . . . . Thursday, May 18,
1995
MESSAGE FROM THE SENATE--DEBATE ADJOURNED
MESSAGE FROM THE SENATE
The following was received.
Columbia, S.C., May 18, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden
the veto by the Governor on R. 80, S. 802 by a vote of 44 to 0.
(R80) S. 802 -- Senators Mescher, Rose and Richter: AN ACT TO DEVOLVE THE
AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES,
BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING
BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY.
Very respectfully,
President
Rep. HUFF moved to adjourn debate upon the message, which was adopted.
MESSAGE FROM THE SENATE--DEBATE ADJOURNED
MESSAGE FROM THE SENATE
The following was received.
Columbia, S.C., May 18, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden
the veto by the Governor on R. 79, S. 767 by a vote of 44 to 0.
(R79) S. 767 -- Senators Matthews and Williams: AN ACT TO DIRECT THE
DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM
THAT
PORTION OF SECONDARY ROAD S-38-1840 IN ORANGEBURG COUNTY BETWEEN THE GATES
AT
EITHER END OF THE ORANGEBURG-WILKINSON HIGH SCHOOL.
Very respectfully,
President
Rep. HUFF moved to adjourn debate upon the message, which was adopted.
Printed Page 3664 . . . . . Thursday, May 18,
1995
REPORT OF STANDING COMMITTEE
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report,
with amendments, on:
S. 264 -- Senators Stilwell, Moore, Rose and Jackson: A BILL 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, AS AMENDED,
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 1-23-10, 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; SECTION 1-23-111, 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
Printed Page 3665 . . . . . Thursday, May 18,
1995
HEARINGS; SECTION 1-23-600, AS AMENDED, 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 1-30-25, RELATING
TO THE DEPARTMENT OF COMMERCE, SO AS TO CHANGE THE NAME OF THE DIVISION OF
AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; 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
1-30-85, 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
Printed Page 3666 . . . . . Thursday, May 18,
1995
ELECTION OF MEMBERS OF THE PUBLIC SERVICE COMMISSION; SECTION 4-10-25, AS
AMENDED, RELATING TO THE EXEMPTION OF GROSS PROCEEDS OF SALES OF TANGIBLE
PERSONAL PROPERTY FROM THE LOCAL SALES AND USE TAX, SO AS TO CHANGE
REFERENCES
TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-10-60, AS AMENDED, RELATING TO
THE WITHHOLDINGS FROM THE AMOUNT OF SALES AND USE TAX COLLECTED BY
COUNTIES, SO
AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; 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 4-10-80, AS AMENDED, RELATING TO REPORTS OF THE TOTAL AMOUNT OF
REVENUE
COLLECTED FROM THE LOCAL SALES AND USE TAX, SO AS TO CHANGE REFERENCES TO
CONFORM TO THE RESTRUCTURING ACT; SECTION 4-10-90, AS AMENDED, RELATING TO
ADMINISTRATION OF THE LOCAL SALES AND USE TAX BY THE DEPARTMENT OF REVENUE,
SO
AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-29-67,
AS
AMENDED, RELATING TO THE FEE REQUIRED IN LIEU OF TAXES FOR INDUSTRIAL
DEVELOPMENT PROJECTS, SO AS TO CHANGE REFERENCES 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
Printed Page 3667 . . . . . Thursday, May 18,
1995
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, AS AMENDED, 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, AS AMENDED,
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
Printed Page 3668 . . . . . Thursday, May 18,
1995
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, AS AMENDED, 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, AS AMENDED, 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
Printed Page 3669 . . . . . Thursday, May 18,
1995
OF THE BOARD'S DECISION AND TO FURTHER PROVIDE THAT APPEALS ARE CONFINED TO
THE
RECORD; SECTION 12-43-300, AS AMENDED, 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; SECTION 13-1-10, RELATING TO THE DEPARTMENT OF
COMMERCE, SO AS TO CHANGE THE DIVISION NAMES FROM DIVISION OF AERONAUTICS TO
STATE AVIATION ADMINISTRATION AND FROM ADVISORY COORDINATING COUNCIL FOR
ECONOMIC DEVELOPMENT TO COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT;
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, AS AMENDED, 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 13-17-40, AS AMENDED, 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; SECTION 15-9-410, AS AMENDED,
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, AS AMENDED, 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, AS
AMENDED, RELATING TO CLAIMS
Printed Page 3670 . . . . . Thursday, May 18,
1995
UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY
DIRECTOR TO DIRECTOR; SECTION 16-3-1140, AS AMENDED, RELATING TO APPEALS UNDER
THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY
DIRECTOR
TO DIRECTOR; SECTION 16-3-1150, AS AMENDED, 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,
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, AS AMENDED, 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, AS AMENDED, 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
Printed Page 3671 . . . . . Thursday, May 18,
1995
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, 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, AS AMENDED, 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
Printed Page 3672 . . . . . Thursday, May 18,
1995
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, 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, 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, AS AMENDED, 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, AS AMENDED, 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;
Printed Page 3673 . . . . . Thursday, May 18,
1995
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 AMEND CHAPTER 25 OF TITLE
23, AS AMENDED, 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; TO AMEND SECTION 24-1-10, RELATING TO
CONSTRUCTION OF REFERENCES, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING
ACT; 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
Printed Page 3674 . . . . . Thursday, May 18,
1995
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, AS AMENDED, RELATING TO DUTIES OF THE CHIEF
INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT REGULATIONS ARE PROMULGATED
BY THE
COMMISSIONER; SECTION 38-27-520, AS AMENDED, 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, AS AMENDED, 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, AS AMENDED, RELATING TO APPEALING ACTIONS OF THE SOUTH
CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS
TO
PROVIDE THAT THE
Printed Page 3675 . . . . . Thursday, May 18,
1995
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, 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, AS AMENDED, 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, AS AMENDED, 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
Printed Page 3676 . . . . . Thursday, May 18,
1995
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; SECTIONS 41-10-70, 41-10-80,
41-10-90, 41-10-110, AS AMENDED, SECTION 41-13-20, SECTION 41-13-25, AS AMENDED,
SECTIONS 41-13-50, 41-13-60, 41-15-90, 41-15-100, 41-15-210, 41-15-220,
41-15-230, 41-15-240, 41-15-250, 41-15-260, 41-15-270, 41-15-280, 41-15-290,
41-15-300, SECTION 41-15-320, AS AMENDED, SECTION 41-15-520, SECTIONS 41-16-20,
41-16-40, AS AMENDED, SECTIONS 41-16-50, 41-16-60, 41-16-70, 41-16-80, 41-16-90,
SECTIONS 41-16-100, 41-16-110, AS AMENDED, SECTIONS 41-16-120, 41-16-130,
SECTION 41-16-140, AS AMENDED, SECTIONS 41-16-150, 41-16-160, SECTION 41-16-180,
AS AMENDED, SECTIONS 41-17-10, 41-17-20, 41-17-40, 41-17-50, 41-17-60, 41-17-70,
SECTION 41-18-40, AS AMENDED, SECTION 41-18-50, SECTIONS 41-18-60, 41-18-70,
41-18-80, 41-18-100, 41-18-110, AS AMENDED, SECTIONS 41-18-120, 41-18-130,
SECTIONS 41-18-150, 41-21-20, AS AMENDED, SECTIONS 41-21-30, 41-21-40, 41-21-70,
41-21-80, 41-21-90, 41-21-100, 41-25-110, 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;
Printed Page 3677 . . . . . Thursday, May 18,
1995
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 SECTION 43-7-440, AS AMENDED, 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, AS AMENDED, RELATING TO THE
BOARD OF HEALTH AND ENVIRONMENTAL CONTROL HEARING APPEALS FROM THE
DECISIONS OF
AN
Printed Page 3678 . . . . . Thursday, May 18,
1995
ADMINISTRATIVE LAW JUDGE, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS OF
THE 1976 CODE CONTAINED IN THIS SECTION; SECTION 44-2-75, 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
Printed Page 3679 . . . . . Thursday, May 18,
1995
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
Printed Page 3680 . . . . . Thursday, May 18,
1995
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, AS
AMENDED,
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 48-9-30, 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
Printed Page 3681 . . . . . Thursday, May 18,
1995
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;
SECTION 48-39-150, AS AMENDED, RELATING TO THE APPEALS PROCESS FOR THE DENIAL OF
COASTAL ZONE PERMITS; SECTION 48-39-210, AS AMENDED, RELATING TO CRITICAL AREA
DELINEATIONS, SO AS TO REVISE THE NAME OF THE COASTAL COUNCIL; SECTION
48-39-280, AS AMENDED, RELATING TO BEACH NOURISHMENT PROJECT PERMITS AND
SETBACK
LINES; SECTION 48-39-290, AS AMENDED, 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
48-49-70, 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
49-4-15, 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
Printed Page 3682 . . . . . Thursday, May 18,
1995
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
Printed Page 3683 . . . . . Thursday, May 18,
1995
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, AS AMENDED, 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, AS AMENDED,
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, AS AMENDED, 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, AS AMENDED, 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, AS AMENDED,
RELATING TO PARTICULAR AIRPORTS, SO AS TO CHANGE THE NAME OF THE DIVISION OF
AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-15-10, AS AMENDED,
RELATING TO RELOCATION
Printed Page 3684 . . . . . Thursday, May 18,
1995
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, AS AMENDED, 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, 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, AS AMENDED, 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
Printed Page 3685 . . . . . Thursday, May 18,
1995
SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE DEPARTMENT OF
ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 56-5-4160, 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 56-5-5810, 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 57-3-610, AS AMENDED, 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;
SECTION
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,
Printed Page 3686 . . . . . Thursday, May 18,
1995
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 59-36-20, 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;
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
Printed Page 3687 . . . . . Thursday, May 18,
1995
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;
SECTION 1618 OF 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; 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 DIRECT THE CODE
COMMISSIONER TO CHANGE CERTAIN REFERENCES TO CONFORM WITH THE PROVISIONS OF
THIS
ACT; AND TO REPEAL SECTIONS 41-15-310, 43-21-120, 43-21-140, 48-9-230, 49-5-130,
49-21-80, CHAPTER 5 OF TITLE 12, CHAPTER 61 OF TITLE 40, AND CHAPTER 17 OF TITLE
51.
Ordered for consideration tomorrow.
| Printed Page 3650, May 18
| Printed Page 3687, May 18
|
Page Finder Index