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 3940, May 24
| Printed Page 3981, May 24
|
Printed Page 3950 . . . . . Wednesday, May 24,
1995
"Section 56-5-2775. The driver of a vehicle violating the provisions of
Sections 56-5-2735 and 56-5-2770(a) or (e) is guilty of a
misdemeanor and, upon conviction, must be punished by a fine of
fined not less than one hundred dollars nor or more than
two hundred dollars or imprisonment imprisoned for not more than
thirty days."/
Renumber sections to conform.
Amend title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
Reps. CROMER and JENNINGS proposed the following Amendment No. 2 (Doc Name
L:\council\legis\amend\DKA\4053CM.95), which was adopted.
Amend the amendment, as and if amended, sponsored by the Judiciary Committee,
bearing document number L:\Council\Legis\Amend\DKA\4050CM.95, by adding an
appropriately numbered SECTION to read:
/SECTION __. Section 34-11-70 of the 1976 Code, as last amended by Act 36 of
1991, is further amended to read:
"Section 34-11-70. (a) When a check, a draft, or other written order is
not paid by the drawee because the maker or drawer did not have an account with
or sufficient funds on deposit with the bank or the person upon which it was
drawn when presented or the draft, check, or other written order has an
incorrect or insufficient signature on it, and the maker or drawer does not pay
the amount due on it, together with a service charge of twenty
twenty-five dollars, within ten days after written notice has been sent
by certified mail to the address printed on the check or given at the time it is
tendered or provided on a check-cashing identification card stating that payment
was refused upon the instrument, then it constitutes prima facie evidence of
fraudulent intent against the maker. Service charges collected pursuant to this
section must be paid to the payee of the instrument.
(1) For purposes of subsection (a), notice must be given by mailing the
notice with postage prepaid addressed to the person at the address as printed or
written on the instrument. The giving of notice by mail is complete upon the
expiration of ten days after the deposit of the notice in the mail. A
certificate by the payee that the notice has been sent as required by this
section is presumptive proof that the requirements as to notice have been met,
regardless of the fact that the notice actually might
Printed Page 3951 . . . . . Wednesday, May 24,
1995
not have been received by the addressee. The form of notice must be
substantially as follows:
You are notified that a check or instrument, numbered ____, issued by you
on ____ (date), drawn upon ____ (name of bank), and payable to ____, has been
dishonored. Pursuant to South Carolina law, you have ten days from the date this
notice was mailed to tender payment of the full amount of the check or
instrument plus a service charge of twenty twenty-five dollars,
the total amount due being __ dollars and ___ cents. Unless this amount is paid
in full within the specified time above, the holder of the check or instrument
may turn over the dishonored check or instrument and all other available
information relating to this incident to the solicitor or other appropriate
officer for criminal prosecution.
(2) When a person instituting prosecution gives notice in substantially
similar form provided in item (1) to the person and the bank upon which the
instrument was drawn and waits ten days from the date notice is mailed before
instituting the criminal proceedings, there arises a presumption that the
prosecution was instituted for reasonable and probable cause, and the person
instituting prosecution is immune from civil liability for the giving of the
notice.
(3) A service charge of not more than twenty twenty-five
dollars is payable by the drawer of a draft, a check, or other written order to
the payee of the instrument when the draft, check, or other written order is
presented for payment in whole or in part of a then existing debt, including,
but not limited to, consumer credit transactions, and is dishonored. This
service charge is solely to compensate the payee of the instrument for incurred
expenses in processing the dishonored instrument and is not related to a
presumption of fraud so that it is not necessary to issue the notice to the
person at the address as printed on the instrument set forth in items (1) and
(2).
(b) Any court, including magistrate's, may dismiss a case under the
provisions of this chapter for want of prosecution. When any prosecutions are
initiated under this chapter, the party applying for the warrant is held liable
for all reasonable administrative costs accruing not to exceed twenty dollars if
the case is dismissed for want of prosecution. Unless waived by the court, the
party applying for the warrant shall notify, orally or otherwise, the court not
less than twenty-four hours before the date and time set for trial that full
restitution has been made in connection with the warrant, and the notification
relieves that party of the responsibility of prosecution.
(c) Any court, including magistrate's, may dismiss any prosecution initiated
pursuant to the provisions of this chapter on satisfactory proof of
Printed Page 3952 . . . . . Wednesday, May 24,
1995
restitution and payment by the defendant of all administrative costs accruing
not to exceed twenty dollars submitted before the date set for trial after the
issuance of a warrant.
(d) For purposes of this chapter, subsequent persons receiving a check,
draft, or other written order by endorsement from the original payee or a
successor endorsee have the same rights that the original payee has against the
maker of the instrument, if the maker of the instrument has the same defenses
against subsequent persons as he may have had against the original payee.
However, the remedies available under this chapter may be exercised only by one
party in interest."/
Renumber sections to conform.
Amend title to conform.
Rep. CROMER explained the amendment.
SPEAKER IN CHAIR
Rep. CROMER continued speaking.
The amendment was then adopted.
Rep. MARTIN explained the Bill.
Rep. MARTIN moved to adjourn debate upon the Bill, which was adopted.
S. 525--AMENDED AND ORDERED TO THIRD READING
The following Bill was taken up.
S. 525 -- Senator Courtney: A BILL TO AMEND SECTION 47-3-630, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR TEASING, MALTREATING, OR
INJURING POLICE DOGS, SO AS TO CHANGE THE VIOLATION OF THESE OFFENSES FROM A
MISDEMEANOR TO A FELONY AND TO INCREASE THE PENALTY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name
L:\council\legis\amend\DKA\4049CM.95), which was adopted.
Amend the bill, as and if amended, by striking Section 47-3-630 and
inserting:
/Section 47-3-630. Section 47-3-630 of the 1976 Code is amended to read:
Printed Page 3953 . . . . . Wednesday, May 24,
1995
"Section 47-3-630. A person who violates any of the provisions of this
article, except for Section 47-3-620, is guilty of a misdemeanor and,
upon conviction, must be fined no not less than five hundred
dollars and no nor more than one thousand dollars or
imprisoned for no not less than thirty days or no
nor more than six months, or both. A person who violates
Section 47-3-620 is guilty of a misdemeanor and, upon conviction, must be fined
not less than two thousand dollars nor more than five thousand dollars or
imprisoned not less than one year nor more than three years, or both."/
Amend further by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 47-3-610 of the 1976 Code, as added by Act 512 of 1988,
is amended to read:
"Section 47-3-610. It is unlawful for a person to wilfully and
maliciously taunt, torment, tease, beat, strike, or administer or subject
any a desensitizing drug, chemical, or substance to a dog or
horse used by a law enforcement department or agency in the performance of
the functions or duties of the department or agency or when a dog is
placed in a kennel off duty or a horse is placed in a stable off
duty;, or to interfere or meddle with a dog or horse
used by a law enforcement department or agency in the performance of the
functions or duties of the department or agency."
SECTION __. Section 47-3-620 of the 1976 Code, as added by Act 512 of 1988,
is amended to read:
"Section 47-3-620. It is unlawful for a person to wilfully or
maliciously torture, mutilate, injure, disable, poison, or kill a dog or
horse used by a law enforcement department or agency in the performance of
the functions or duties of the department or when a dog is placed in a
kennel off duty or a horse is placed in a stable off duty. However, a
police officer or veterinarian may perform euthanasia in emergency situations
when delay would cause the dog or horse undue suffering and pain."/
Renumber sections to conform.
Amend title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Printed Page 3954 . . . . . Wednesday, May 24,
1995
H. 4090--TABLED
The following Bill was taken up.
H. 4090 -- Rep. Harrison: A BILL TO ENACT THE FLEA MARKET VENDORS ACT; TO AMEND
TITLE 40, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7
SO AS TO REQUIRE FLEA MARKET OPERATORS AND FLEA MARKET, TEMPORARY, AND
TRANSIENT
VENDORS TO MEET CERTAIN REQUIREMENTS TO CONDUCT BUSINESS, TO PROHIBIT THE
SALE
OF CERTAIN GOODS, AND TO PROVIDE CRIMINAL PENALTIES; TO AMEND SECTION 12-36-520,
RELATING TO BOND REQUIREMENTS FOR RETAILERS WITHOUT PERMANENT SALES
LOCATIONS,
SO AS TO MAKE A BOND OR CASH DEPOSIT MANDATORY RATHER THAN PERMISSIVE; TO
AMEND
SECTION 16-13-110, AS AMENDED, RELATING TO SHOPLIFTING, SO AS TO AUTHORIZE THAT
FINES AND IMPRISONMENT MAY BE DOUBLED FOR A FIFTH OR SUBSEQUENT OFFENSE; AND
TO
AMEND SECTION 16-13-180, AS AMENDED, RELATING TO RECEIVING STOLEN GOODS, SO AS
TO ALSO MAKE IT UNLAWFUL TO REPACKAGE OR DISTRIBUTE REPACKAGED STOLEN GOODS
AND
TO AUTHORIZE INCREASED FINES FOR THIS OFFENSE AND TO PROVIDE MITIGATING
CIRCUMSTANCES.
Rep. COOPER moved to table the Bill.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as
follows:
Yeas 59; Nays 39
Those who voted in the affirmative are:
Anderson Breeland Brown, H.
Brown, T. Byrd Carnell
Cave Chamblee Cobb-Hunter
Cooper Davenport Easterday
Fair Fleming Govan
Hallman Harris, P. Haskins
Hines Howard Inabinett
Keegan Kennedy Klauber
Knotts Koon Lloyd
Marchbanks Martin McAbee
McKay McMahand Phillips
Printed Page 3955 . . . . . Wednesday, May 24,
1995
Rhoad Rice Riser
Scott Seithel Shissias
Simrill Stille Stoddard
Stuart Thomas Townsend
Tripp Trotter Tucker
Vaughn Whatley Whipper, L.
Wilder Wilkes Williams
Witherspoon Wofford Worley
Wright Young, J.
Total--59
Those who voted in the negative are:
Allison Askins Bailey
Brown, G. Cain Cato
Clyburn Cotty Dantzler
Delleney Gamble Harris, J.
Harrison Harwell Huff
Jaskwhich Jennings Keyserling
Kinon Kirsh Lanford
Limbaugh Limehouse Mason
McCraw Moody-Lawrence Neilson
Quinn Robinson Sandifer
Sharpe Sheheen Smith, D.
Smith, R. Spearman Walker
Whipper, S. Wilkins Young, A.
Total--39
So, the Bill was tabled.
H. 4090--MOTION TO RECONSIDER TABLED
Rep. TUCKER moved to reconsider the vote whereby the following Bill was
tabled.
H. 4090 -- Rep. Harrison: A BILL TO ENACT THE FLEA MARKET VENDORS ACT; TO AMEND
TITLE 40, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7
SO AS TO REQUIRE FLEA MARKET OPERATORS AND FLEA MARKET, TEMPORARY, AND
TRANSIENT
VENDORS TO MEET CERTAIN REQUIREMENTS TO CONDUCT BUSINESS, TO
Printed Page 3956 . . . . . Wednesday, May 24,
1995
PROHIBIT THE SALE OF CERTAIN GOODS, AND TO PROVIDE CRIMINAL PENALTIES; TO
AMEND
SECTION 12-36-520, RELATING TO BOND REQUIREMENTS FOR RETAILERS WITHOUT
PERMANENT
SALES LOCATIONS, SO AS TO MAKE A BOND OR CASH DEPOSIT MANDATORY RATHER THAN
PERMISSIVE; TO AMEND SECTION 16-13-110, AS AMENDED, RELATING TO SHOPLIFTING, SO
AS TO AUTHORIZE THAT FINES AND IMPRISONMENT MAY BE DOUBLED FOR A FIFTH OR
SUBSEQUENT OFFENSE; AND TO AMEND SECTION 16-13-180, AS AMENDED, RELATING TO
RECEIVING STOLEN GOODS, SO AS TO ALSO MAKE IT UNLAWFUL TO REPACKAGE OR
DISTRIBUTE REPACKAGED STOLEN GOODS AND TO AUTHORIZE INCREASED FINES FOR THIS
OFFENSE AND TO PROVIDE MITIGATING CIRCUMSTANCES.
Rep. KNOTTS moved to table the motion to reconsider, which was agreed to by a
division vote of 66 to 7.
H. 4228--DEBATE ADJOURNED
Rep. GAMBLE moved to adjourn debate upon the following Joint Resolution until
Thursday, May 25, which was adopted.
H. 4228 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO
APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND
REGULATION - BOARD OF ACCOUNTANCY, RELATING TO REVOCATION OF REGISTRATION
AND
PENALTIES FOR REINSTATEMENT, OFFICE REGISTRATION, AND RESPONSIBILITIES AND
PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1818, PURSUANT TO THE
PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4231--DEBATE ADJOURNED
The following Joint Resolution was taken up.
H. 4231 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT
RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL
CONTROL, RELATING TO EMERGENCY MEDICAL SERVICES, DESIGNATED AS REGULATION
DOCUMENT NUMBER 1848, PURSUANT TO THE
Printed Page 3957 . . . . . Wednesday, May 24,
1995
PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WILDER explained the Joint Resolution.
Rep. NEILSON moved to adjourn debate upon the Joint Resolution until Tuesday,
May 30, which was adopted.
S. 264--DEBATE ADJOURNED
Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday,
May 25, which was adopted.
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
Printed Page 3958 . . . . . Wednesday, May 24,
1995
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 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
Printed Page 3959 . . . . . Wednesday, May 24,
1995
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 4-10-25, 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,
Printed Page 3960 . . . . . Wednesday, May 24,
1995
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, 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
Printed Page 3961 . . . . . Wednesday, May 24,
1995
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, 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
Printed Page 3962 . . . . . Wednesday, May 24,
1995
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 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
Printed Page 3963 . . . . . Wednesday, May 24,
1995
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 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
Printed Page 3964 . . . . . Wednesday, May 24,
1995
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, 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
Printed Page 3965 . . . . . Wednesday, May 24,
1995
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, 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
Printed Page 3966 . . . . . Wednesday, May 24,
1995
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; 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
Printed Page 3967 . . . . . Wednesday, May 24,
1995
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, 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
Printed Page 3968 . . . . . Wednesday, May 24,
1995
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 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,
Printed Page 3969 . . . . . Wednesday, May 24,
1995
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; 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
Printed Page 3970 . . . . . Wednesday, May 24,
1995
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
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
Printed Page 3971 . . . . . Wednesday, May 24,
1995
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 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
Printed Page 3972 . . . . . Wednesday, May 24,
1995
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,
Printed Page 3973 . . . . . Wednesday, May 24,
1995
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, 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
Printed Page 3974 . . . . . Wednesday, May 24,
1995
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; 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,
Printed Page 3975 . . . . . Wednesday, May 24,
1995
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 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
Printed Page 3976 . . . . . Wednesday, May 24,
1995
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, 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
Printed Page 3977 . . . . . Wednesday, May 24,
1995
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 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
Printed Page 3978 . . . . . Wednesday, May 24,
1995
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 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
Printed Page 3979 . . . . . Wednesday, May 24,
1995
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 59-36-20, 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
Printed Page 3980 . . . . . Wednesday, May 24,
1995
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;
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
Printed Page 3981 . . . . . Wednesday, May 24,
1995
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.
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