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
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Printed Page 4520, June 1
| Printed Page 4574, June 1
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Printed Page 4544 . . . . . Thursday, June 1,
1995
Reps. RICE, SANDIFER, CAIN, COOPER, FULMER, MEACHAM, SEITHEL, FLEMING and
WITHERSPOON objected to the Bill.
Printed Page 4545 . . . . . Thursday, June 1,
1995
RETURNED TO THE SENATE WITH AMENDMENTS
The following Bill was taken up, read the third time, and ordered returned to
the Senate with amendments.
S. 96 -- Senators McConnell, Rose, Wilson, Giese and Courson: A BILL TO AMEND
THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-175 SO
AS TO
PROVIDE THAT A MOTOR VEHICLE USED AND OWNED BY A PERSON IN THE
THEFT OF
PROPERTY
MAY BE CONFISCATED.
ORDERED TO THIRD READING
The following Bill was taken up, read the second time, and ordered to a third
reading:
S. 251 -- Senators Hayes and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING CHAPTER 2A TO TITLE 36 SO AS TO MAKE GENERAL
PROVISIONS TO THE UNIFORM COMMERCIAL CODE REGARDING LEASES AND TO
PROVIDE
FOR
THE FORMATION, CONSTRUCTION, EFFECT, PERFORMANCE, AND DEFAULT OF A
LEASE
CONTRACT; AND TO AMEND SECTIONS 36-1-105, 36-1-201(37), AND 36-9-113,
RELATING
TO OTHER PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE
THESE
PROVISIONS TO CONFORM THEM TO THE ABOVE PROVISIONS OF CHAPTER 2A;
AND BY
ADDING
CHAPTER 4A TO TITLE 36 SO AS TO MAKE GENERAL PROVISIONS TO THE
UNIFORM
COMMERCIAL CODE ON FUND TRANSFERS INCLUDING THE ISSUANCE,
ACCEPTANCE, AND
PAYMENT OF PAYMENT ORDERS.
Rep. CROMER explained the Bill.
H. 3515--SENATE AMENDMENTS AMENDED AND
RETURNED TO THE SENATE
The Senate amendments to the following Bill were taken up for consideration.
H. 3515 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 2-13-190, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
DISTRIBUTION OF
THE ADVANCE SHEETS OF STATUTES, SO AS TO REVISE THE PERSONS AND
ENTITIES TO
WHOM
THE ADVANCE SHEETS MUST BE DISTRIBUTED; AND TO AMEND SECTION
2-13-240, AS
Printed Page 4546 . . . . . Thursday, June 1,
1995
AMENDED, RELATING TO THE DISTRIBUTION OF SETS OF THE CODE OF LAWS OF
SOUTH
CAROLINA, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE SETS
MUST BE
DISTRIBUTED.
Rep. HARRISON proposed the following Amendment No. 2 (Doc Name
L:\council\legis\amend\PT\2077DW.95), which was adopted.
Amend the bill, as and if amended, by striking all after enacting words and
inserting:
/SECTION 1. Section 2-13-190 of the 1976 Code, as last amended by Section 24,
Act 181 of 1993, is further amended to read:
"Section 2-13-190. Within five days after receiving such
the page proofs corrected from the Code Commissioner, the Office of
Legislative Printing and Information Technology Resources (LPITR) shall print
the same and shall deliver as many copies to the Code Commissioner as the
commissioner may order. The Code Commissioner on receipt of such
the copies shall send a copy to each of the following officers: The
Governor, Supreme Court Justices, Clerk of the Supreme Court, Court of Appeals
Judges, Clerk of the Court of Appeals, circuit judges, each circuit
solicitors solicitor's office within a judicial circuit, county
judges Administrative Law Judge Division Judges, Clerk of the
Administrative Law Judge Division, county solicitors, clerk of the
court of each county, judge of probate of each county, Attorney General,
Secretary of State, Comptroller General, Adjutant General, State Treasurer,
Chief Bank Examiner, Department of the Revenue and Taxation, Director of
the Department of Transportation, State Health Officer, Director of the
Department of Natural Resources, Chairman of the Public Service Commission,
Commissioner of Agriculture, Director Chief Insurance Commissioner
of the Department of Insurance, State Budget and Control Board, Office of
Executive Director, State Superintendent of Education, State Librarian,
Clerk of the House of Representatives, Clerk of the Senate, Director of the
South Carolina Archives Department, Director of the Department of Public
Safety, and the members of the General Assembly. Any magistrate may obtain a
copy of advance sheets of statutes by sending his name, address, and term to the
Code Commissioner."/
SECTION 2. Section 2-13-240(a) of the 1976 Code, as last amended by Section
25, Act 181 of 1993, is further amended to read:
"(a) Sets of the Code of Laws of South Carolina, 1976, shall
must be distributed by the Legislative Council as follows: Governor,
three; Lieutenant Governor, two; Secretary of State, three; Treasurer, one;
Attorney General, fifty; Adjutant General, one; Comptroller General, two;
Printed Page 4547 . . . . . Thursday, June 1,
1995
Superintendent of Education, two; Commissioner of Agriculture, two; each member
of the General Assembly, one; office of the Speaker of the House of
Representatives, one; Clerk of the Senate, one; Clerk of the House of
Representatives, one; each committee room of the General Assembly, one; each
member of the Legislative Council, one; Code Commissioner, one; Legislative
Council, ten; Supreme Court, fourteen; Court Administration Office, five;
each Court of Appeals Judge, one; each Circuit Court Judge, one; each
Circuit Court solicitor solicitor's office within a judicial
circuit, one; each Family Court Judge, one; each county court
judge, one Administrative Law Judge Division, nine; College of
Charleston, one; The Citadel, two; Clemson University, three; Coastal
Carolina University, one; Francis Marion College University,
one; Lander College University, one; Medical University of South
Carolina, two; South Carolina State College University, two;
University of South Carolina, four; each regional campus of the University of
South Carolina, one; University of South Carolina Law School, forty-six;
Winthrop College University, two; each technical college or
center, one; each county governing body, one; each county clerk of court and
register of mesne conveyances where such these offices are
separate, one; each county auditor, one; each county coroner, one; each county
magistrate, one; each county master in equity, one; each county probate judge,
one; each county public library, one; each county sheriff, one; each public
defender, one; each county superintendent of education, one; each county
treasurer, one; Library of Congress, three; United States Supreme Court, one;
each member of Congress from South Carolina, one; each state library which
furnishes this State a free set of its Code of Laws, one; Division of
State Aeronautics Administration of the Department of Commerce,
one; Department of Alcohol and other Drug Abuse Services, one; Department of
Archives and History, one; Board of Bank Control Financial
Institutions, one; Commissioner of Banking, one; Budget and Control Board
(Auditor, six Office of the Executive Director, five; Auditor,
two; General Services Division, six; Personnel Division, one; Research and
Statistical Services Division, one; Retirement System, one); Children's
Bureau, one; Department of Consumer Affairs, one; Department of Corrections,
two; Criminal Justice Academy, one; Department of Commerce, five; Employment
Security Commission, two; Ethics Commission, one; Forestry Commission, one;
Department of Health and Environmental Control, five; Department of
Transportation, five; Department of Public Safety, five; Human Affairs
Commission, one; Workers' Compensation Commission, seven; Department of
Insurance, two; Department of Juvenile Justice and Aftercare, one;
Department of
Printed Page 4548 . . . . . Thursday, June 1,
1995
Labor, Licensing, and Regulation, two; South Carolina Law Enforcement
Division, four; Legislative Audit Council, one; State Library, three; Department
of Mental Health, three; Department of Disabilities and Special Needs, five;
Ports Authority, one; Department of Probation, Parole, and Pardon
Services, two; Public Service Commission, three; Reorganization
Commission, one; Department of Social Services, two; Department of Revenue and
Taxation, six; Board for Technical and Comprehensive Education, one;
Veterans' Affairs Division of the Governor's Office, one; Vocational
Rehabilitation, one; Department of Natural Resources, four."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered
returned to the Senate.
H. 3839--NON-CONCURRENCE IN SENATE AMENDMENTS
The Senate amendments to the following Bill were taken up for consideration.
H. 3839 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION
34-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COPIES AND
REPRODUCTIONS OF BANKING RECORDS AND THEIR ADMISSIBILITY INTO
EVIDENCE, SO AS
TO
FURTHER PROVIDE FOR THE MANNER IN WHICH THESE RECORDS MAY BE
COPIED AND
REPRODUCED, TO REVISE THE ENTITIES TO WHICH THIS SECTION APPLIES, AND
TO FURTHER
PROVIDE FOR THE MANNER IN WHICH COPIES AND REPRODUCTIONS OF THESE
RECORDS
MAY BE
ADMITTED INTO EVIDENCE.
Rep. CATO explained the Senate amendment.
The House refused to agree to the Senate amendments, and a message was
ordered sent accordingly.
Printed Page 4549 . . . . . Thursday, June 1,
1995
H. 4158--DEBATE ADJOURNED
The Senate amendments to the following Bill were taken up for consideration.
H. 4158 -- Ways and Means Committee: A BILL TO AMEND SECTIONS 12-4-710 AND
12-4-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
THE
POWERS OF THE DEPARTMENT OF REVENUE AND TAXATION WITH RESPECT TO
PROPERTY
TAX
EXEMPTIONS AND THE METHOD OF APPLYING FOR THE EXEMPTIONS, SO AS TO
REVISE OR
EXTEND THE TIME FOR FILING EXEMPTION APPLICATIONS AND ADD
ADDITIONAL
CATEGORIES
OF EXEMPTIONS FOR WHICH NO APPLICATION IS REQUIRED; TO PROVIDE THAT
LISTING A
PROPERTY AS EXEMPT ON A PROPERTY TAX RETURN IS CONSIDERED AN
APPLICATION; TO
REQUIRE PROPERTY TAXPAYERS FILING PROPERTY TAX RETURNS TO CLAIM
THE
EXEMPTION ON
THE RETURN FOR EACH YEAR THE PROPERTY IS EXEMPT; AND TO PROVIDE
WHEN
ADDITIONAL
APPLICATIONS MUST BE FILED BY TAXPAYERS NOT REQUIRED TO FILE ANNUAL
PROPERTY
TAX
RETURNS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO
PROPERTY TAX
EXEMPTIONS, SO AS TO CONFORM IT TO THE AMENDMENTS MADE BY THIS ACT
AND TO
EXTEND
THE EXEMPTION FOR TWO PERSONAL MOTOR VEHICLES OF PERSONS REQUIRED
TO USE
WHEELCHAIRS TO INSTANCES WHEN THE OWNER IS ELIGIBLE FOR THE SPECIAL
MOTOR
VEHICLE LICENSE PLATE ALLOWED SUCH PERSONS.
Rep. ROBINSON moved to adjourn debate upon the Senate amendments, which was
adopted.
S. 264--DEBATE ADJOURNED
The following Bill was taken up.
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;
Printed Page 4550 . . . . . Thursday, June 1,
1995
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
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
Printed Page 4551 . . . . . Thursday, June 1,
1995
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
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
Printed Page 4552 . . . . . Thursday, June 1,
1995
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 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
Printed Page 4553 . . . . . Thursday, June 1,
1995
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 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;
Printed Page 4554 . . . . . Thursday, June 1,
1995
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 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
Printed Page 4555 . . . . . Thursday, June 1,
1995
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 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
Printed Page 4556 . . . . . Thursday, June 1,
1995
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 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
Printed Page 4557 . . . . . Thursday, June 1,
1995
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
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
Printed Page 4558 . . . . . Thursday, June 1,
1995
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;
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
Printed Page 4559 . . . . . Thursday, June 1,
1995
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 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
Printed Page 4560 . . . . . Thursday, June 1,
1995
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 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,
Printed Page 4561 . . . . . Thursday, June 1,
1995
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 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;
Printed Page 4562 . . . . . Thursday, June 1,
1995
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; 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
Printed Page 4563 . . . . . Thursday, June 1,
1995
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 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
Printed Page 4564 . . . . . Thursday, June 1,
1995
ADVISORY COMMITTEE TO THE HEALTH AND HUMAN SERVICES FINANCE
COMMISSION, SO
AS
TO REVISE THE NAMES OF THE DEPARTMENTS REPRESENTED ON THE
COMMITTEE AND THE
TITLES OF THE DEPARTMENT ADMINISTRATORS; SECTION 44-6-140, AS
AMENDED, RELATING
TO MEDICAID HOSPITAL PROSPECTIVE PAYMENT SYSTEM AND COST
CONTAINMENT
MEASURES,
SO AS TO DELETE COMMISSION IN TWO INSTANCES AND SUBSTITUTE
DEPARTMENT, WITH
REFERENCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION
44-6-146, AS
AMENDED, RELATING TO COUNTY ASSESSMENTS FOR INDIGENT MEDICAL CARE
AND
PENALTIES
FOR FAILURE TO PAY ASSESSMENTS IN A TIMELY MANNER, SO AS TO DELETE A
REFERENCE
TO COMMISSION AND SUBSTITUTE DEPARTMENT, WITH REFERENCE TO THE
DEPARTMENT
OF
HEALTH AND HUMAN SERVICES; SECTION 44-6-170, AS AMENDED, RELATING TO
THE
HEALTH
DATA OVERSIGHT COUNCIL, SO AS TO REVISE THE TITLES OF THE
ADMINISTRATIVE HEADS
OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE
HEALTH AND
HUMAN
SERVICES FINANCE COMMISSION; SECTION 44-6-520, AS AMENDED, RELATING TO
THE SALE,
LEASE, OR MORTGAGE OF A NURSING HOME IN RECEIVERSHIP, SO AS TO
CHANGE A
REFERENCE TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO
THE
DEPARTMENT
OF HEALTH AND HUMAN SERVICES; SECTION 44-6-540, RELATING TO THE
REGULATION-MAKING AUTHORITY UNDER THE "INTERMEDIATE
SANCTIONS FOR
MEDICAID
CERTIFIED NURSING HOME ACT", SO AS TO DELETE THE REFERENCE TO
COMMISSION
(MEANING THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION) AND
SUBSTITUTE
DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTIONS 44-6-720 AND
44-6-730,
RELATING TO MEDICAID QUALIFYING TRUSTS, SO AS TO REVISE THE NAME OF
THE STATE
HEALTH AND HUMAN SERVICES FINANCE COMMISSION; SECTION 44-7-90,
RELATING TO
VIOLATIONS OF THE LAW CONCERNING MEDICAID NURSING HOME PERMITS
AND
PENALTIES, SO
AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF HEALTH AND HUMAN
SERVICES AND
THE
DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-7-170,
AS
AMENDED,
RELATING TO EXEMPTIONS FROM THE STATE CERTIFICATION
Printed Page 4565 . . . . . Thursday, June 1,
1995
OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE NAME
OF THE
DEPARTMENT OF MENTAL RETARDATION; SECTION 44-7-370, AS AMENDED,
RELATING TO
THE
APPOINTMENT OF MEMBERS TO THE RESIDENTIAL CARE COMMITTEE, SO AS TO
REVISE THE
TITLE OF THE DEPARTMENT ADMINISTRATOR; SECTION 44-23-10, AS AMENDED,
RELATING
TO DEFINITIONS PERTAINING TO MENTALLY ILL AND MENTALLY RETARDED
PERSONS, SO
AS
TO CLARIFY THE DEFINITION OF DIRECTOR; SECTION 44-38-380, AS AMENDED,
RELATING
TO THE ADVISORY COUNCIL TO THE SOUTH CAROLINA HEAD AND SPINAL CORD
SERVICE
DELIVERY SYSTEM, SO AS TO REVISE THE NAME OF A MEMBER OF THE COUNCIL
AND THE
NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL
CONTROL; SECTION 44-40-60, RELATING TO SOUTH CAROLINA AGENT ORANGE
ADVISORY
COUNCIL, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS
AFFAIRS;
SECTION
44-53-480, RELATING TO SOUTH CAROLINA LAW ENFORCEMENT DIVISION
ENFORCEMENT OF
CONTROLLED SUBSTANCE LAWS, SO AS CONFORM REFERENCES TO THE
COMMISSION ON
ALCOHOL
AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-490, RELATING
TO THE
DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL DRUG INSPECTORS,
SO AS TO
CONFORM
A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE
RESTRUCTURING
ACT; SECTION 44-53-500, RELATING TO THE ISSUANCE AND EXECUTION OF
ADMINISTRATIVE
INSPECTION WARRANTS BY THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL CONTROL
WITH
RESPECT TO THE REGULATION OF CONTROLLED SUBSTANCES, SO AS TO
CONFORM A
REFERENCE
TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING
ACT;
SECTION
44-53-720, RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO
CONFORM
A
REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE
RESTRUCTURING
ACT;
SECTION 44-55-120, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO
REVISE THE
NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL
CONTROL; SECTION 44-56-60, AS AMENDED, RELATING TO HAZARDOUS WASTE
MANAGEMENT,
SO AS TO REVISE THE
Printed Page 4566 . . . . . Thursday, June 1,
1995
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 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
Printed Page 4567 . . . . . Thursday, June 1,
1995
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 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,
Printed Page 4568 . . . . . Thursday, June 1,
1995
RELATING TO DEPUTY ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES
ENFORCEMENT
DIVISION, SO AS TO REVISE THEIR AUTHORITY; SECTION 50-3-510, AS AMENDED,
RELATING TO THE CUTTING OF TIMBER BY THE DEPARTMENT OF NATURAL
RESOURCES, SO
AS
TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO
WILDLIFE
AND FRESHWATER FISHERIES DIVISION; SECTION 50-5-20, AS AMENDED,
RELATING TO THE
JURISDICTION OF THE MARINE RESOURCES DIVISION OF THE DEPARTMENT OF
NATURAL
RESOURCES SO AS TO CLARIFY THAT THE DEPARTMENT HAS CONTINUING
JURISDICTION
OVER
STRIPED BASS; SECTION 50-5-110, AS AMENDED, RELATING TO THE
PROMULGATION OF
REGULATIONS BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO
CHANGE THE
REFERENCE TO DIVISION TO DEPARTMENT TO CONFORM TO OTHER CHANGES IN
THE
SECTION;
SECTION 50-7-10, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE
ATLANTIC STATES
MARINE FISHERIES COMMISSION, SO AS TO AUTHORIZE THE DIRECTOR OF THE
DEPARTMENT
OF NATURAL RESOURCES TO APPOINT A DESIGNEE TO SERVE IN HIS PLACE ON
THE
COMMISSION; SECTION 50-9-70, RELATING TO THE ESTABLISHMENT OF HUNTER
EDUCATION
PROGRAMS, SO AS TO REVISE THE NAME OF THE WILDLIFE AND MARINE
RESOURCES
DEPARTMENT; SECTION 50-9-470, AS AMENDED, RELATING TO TEMPORARY
NONRESIDENT
FISHING LICENSES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND
FRESHWATER
FISH
DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION
50-17-320, AS
AMENDED, RELATING TO THE CLOSURE OF SHELLFISH GROUNDS, SO AS TO
AUTHORIZE THE
DEPARTMENT OF NATURAL RESOURCES RATHER THAN THE BOARD TO REMOVE
CLOSED
AREAS
FROM A PERMIT ACREAGE AGREEMENT; SECTION 50-17-365, AS AMENDED,
RELATING TO THE
CLOSED SEASON FOR SHELLFISH, SO AS TO AUTHORIZE THE DEPARTMENT OF
NATURAL
RESOURCES RATHER THAN THE BOARD TO OPEN OR CLOSE AREAS; SECTION
50-17-730, AS
AMENDED, RELATING TO THE REQUIREMENT FOR PEELER AND SOFT SHELL
CRABS, SO AS
TO
DELETE THE REFERENCE TO MARINE RESOURCES DIVISION TO CONFORM TO
OTHER
CHANGES IN
THE SECTION; SECTION 51-3-60, RELATING TO FREE USE OF STATE PARK
FACILITIES BY
DISABLED PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON
AGING
Printed Page 4569 . . . . . Thursday, June 1,
1995
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 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
Printed Page 4570 . . . . . Thursday, June 1,
1995
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 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
Printed Page 4571 . . . . . Thursday, June 1,
1995
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, 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
Printed Page 4572 . . . . . Thursday, June 1,
1995
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 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
Printed Page 4573 . . . . . Thursday, June 1,
1995
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.
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