Journal of the Senate
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 1890, Apr. 20
| Printed Page 1927, Apr. 20
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Printed Page 1900 . . . . . Thursday, April 20,
1995
S. 429 -- Senators Lander, Hayes, Wilson and Leventis: A BILL TO AMEND SECTION
1-3-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO AUTHORIZE THE GOVERNOR,
WITH
THE CONSENT OF CONGRESS, TO ENTER INTO COMPACTS AND AGREEMENTS FOR THE
DEPLOYMENT OF
THE NATIONAL GUARD WITH GOVERNORS OF OTHER STATES CONCERNING DRUG
INTERDICTION AND
RELATED ACTIVITIES; AND TO ADD SECTION 1-3-490 SO AS TO ADOPT THE NATIONAL GUARD
MUTUAL ASSISTANCE COUNTERDRUG ACTIVITIES COMPACT TO PROVIDE FOR MUTUAL
ASSISTANCE AND
SUPPORT AMONG THE PARTY STATES IN THE UTILIZATION OF THE NATIONAL GUARD IN
DRUG
INTERDICTION, COUNTERDRUG AND DEMAND REDUCTION ACTIVITIES.
S. 438 -- Senator Alexander: A BILL TO AMEND SECTION 56-5-750, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO STOP FOR A LAW
ENFORCEMENT
VEHICLE, SO AS TO REVISE THE PENALTIES AND PROVIDE DEFINITIONS.
S. 441 -- Senator Richter: A BILL TO AMEND CHAPTER 31, TITLE 5, CODE OF LAWS OF
SOUTH CAROLINA, 1976, BY ADDING SECTION 5-31-215 SO AS TO PROVIDE A MECHANISM FOR
THE
ADDITION OF EX OFFICIO MEMBERS ON A COMMISSION OF PUBLIC WORKS IN CITIES WITH
MORE
THAN
Printed Page 1901 . . . . . Thursday, April 20,
1995
THIRTY THOUSAND RESIDENTS AND LESS THAN FIFTY THOUSAND RESIDENTS.
Senator RICHTER explained the Bill.
S. 468 -- Senator Hayes: A BILL TO AMEND SECTION 8-21-310(11), CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO A SCHEDULE OF FEES AND COSTS TO BE COLLECTED, SO AS
TO
PROVIDE FOR A FEE FOR FILING A JUDGMENT BY CONFESSION WITH A CLERK OF COURT;
AND TO
AMEND SECTION 15-35-370, RELATING TO JUDGMENT BY CONFESSION, SO AS TO CLARIFY
THE
PROCEDURE FOR FILING A JUDGMENT BY CONFESSION AND TO DELETE OBSOLETE
REFERENCES.
S. 598 -- Senator Bryan: A BILL TO AMEND SECTION 40-15-190, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO DISCIPLINARY GROUNDS, SO AS TO AUTHORIZE THE STATE
BOARD
OF DENTISTRY UNDER CERTAIN CIRCUMSTANCES TO REQUIRE MENTAL OR PHYSICAL
EXAMINATIONS
AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES
FOR
REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS.
S. 609 -- Senators Leatherman, J. Verne Smith, Saleeby, Stilwell, Lander, Wilson and
Ryberg: A BILL TO AMEND SECTION 43-7-460, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE RECOVERY FROM AN ESTATE FOR MEDICAL ASSISTANCE PAID UNDER
MEDICAID,
SO AS TO FURTHER SPECIFY SERVICES CONSIDERED TO BE MEDICAL ASSISTANCE AND TO
REVISE
FROM WHOM RECOVERY MAY BE SOUGHT.
S. 617 -- Senator McConnell: A BILL TO AMEND SECTION 11-35-4410, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCUREMENT REVIEW PANEL, SO AS
TO
DECREASE THE PANEL FROM EIGHT TO SEVEN MEMBERS AND MAKE A CORRESPONDING
REDUCTION IN
THE NUMBER OF MEMBERS NECESSARY TO CONSTITUTE A QUORUM.
S. 641 -- Senator Williams: A BILL TO AMEND SECTION 7-5-150, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE
Printed Page 1902 . . . . . Thursday, April 20,
1995
CLOSING OF REGISTRATION BOOKS BEFORE ELECTIONS, SO AS TO PROVIDE THAT
ANY PERSON ELIGIBLE TO REGISTER WHO HAS BEEN DISCHARGED FROM THE ARMED
FORCES OR WHO
HAS BEEN SEPARATED FROM HIS SERVICE OVERSEAS AND RETURNED HOME TOO LATE TO
REGISTER
AT THE TIME WHEN REGISTRATION IS REQUIRED IS ENTITLED TO REGISTER FOR THE
PURPOSE OF
VOTING IN THE NEXT ENSUING ELECTION AFTER THE DISCHARGE OR SEPARATION FROM
SERVICE,
UP TO 5:00 P.M. ON THE DAY OF THE ELECTION.
S. 669 -- Senators J. Verne Smith and Leatherman: A BILL TO AMEND SECTION 44-6-50,
AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH AND
HUMAN
SERVICES FINANCE COMMISSION ENTERING INTO CONTRACTS WITH OTHER AGENCIES, SO
AS TO
EXPAND WITH WHOM THE COMMISSION MAY CONTRACT FOR ELIGIBILITY
DETERMINATIONS.
S. 679 -- Senator Passailaigue: A BILL TO AMEND CHAPTER 7 OF TITLE 52, CODE OF LAWS
OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 52-7-30, RELATING TO THE POWERS OF
THE
STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MAY EXEMPT
FROM ITS
REGULATIONS CERTAIN SCHOOLS, BUSINESSES, AND ASSOCIATIONS THAT PROVIDE
INSTRUCTION IN
THE COMBATIVE SPORTS, TO DEFINE CERTAIN TERMS; AND TO FURTHER AMEND CHAPTER
7, BY
ADDING SECTION 52-7-145 SO AS TO BAN CONTESTS INVOLVING MORE THAN ONE OF THE
COMBATIVE SPORTS AND COMBATIVE SPORTS EVENTS INVOLVING THE USE OF WEAPONS.
AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE
S. 219 -- Senators Greg Smith, Leventis, Cork, Rankin, Thomas and Hayes: A BILL
TO AMEND SECTION 16-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
ARRESTS
IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR
THREATENS
TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER
MUST BE
ARRESTED.
Printed Page 1903 . . . . . Thursday, April 20,
1995
The Senate proceeded to a consideration of the Bill. The question
being the third reading of the Bill.
Senator HOLLAND proposed the following amendment (JUD0219.004), which was adopted:
Amend the bill, as and if amended, page 2, line 19, by striking SECTION 2 in its
entirety and inserting therein the following:
/SECTION 2. Section 16-25-90 of the 1976 Code, as added by Act 7 of 1995, shall be
both retrospective and prospective in application.
SECTION 3. This act takes effect upon approval by the Governor./.
Amend title to conform.
There being no further amendments, the Bill was read the third time and ordered sent
to the House of Representatives.
SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS
The following Bill having been read the second time with notice of general
amendments was ordered placed on the third reading Calendar:
S. 691 -- Senator Giese: A BILL TO AMEND SECTION 44-6-170, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION AND RELEASE OF HEALTH CARE
DATA,
SO AS TO PROVIDE FOR THE DUTIES OF THE DATA OVERSIGHT COUNCIL; TO DIRECT THE
OFFICE
OF RESEARCH AND STATISTICS TO PROMULGATE REGULATIONS FOR THE COLLECTION OF
INPATIENT
AND OUTPATIENT INFORMATION; TO REVISE PROCEDURES FOR RELEASE OF INFORMATION;
TO
DELETE SPECIFIC INFORMATION TO BE REPORTED AND TO REQUIRE INFORMATION TO BE
REPORTED
IN ACCORDANCE WITH REGULATIONS; TO REQUIRE CERTAIN FACILITIES PROVIDING
OUTPATIENT
SERVICES TO REPORT OUTPATIENT INFORMATION; AND TO PROVIDE PENALTIES FOR
FAILURE TO
REPORT.
AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS
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
Printed Page 1904 . . . . . Thursday, April 20,
1995
BY APPOINTMENT UNDER CERTAIN CONDITIONS, SO AS TO EXCLUDE THE OFFICE
OF LIEUTENANT GOVERNOR BECAUSE THE MANNER IN WHICH VACANCIES IN THIS OFFICE
ARE
FILLED ARE PROVIDED FOR IN OTHER PROVISIONS OF LAW; SECTION 1-3-240, AS AMENDED,
RELATING TO THE REMOVAL OF STATE AND COUNTY OFFICERS, BY THE GOVERNOR, SO AS
TO
REVISE A REFERENCE TO THE DEPARTMENT OF REVENUE AND TAXATION AND ITS
COMMISSION;
SECTION 1-7-920, RELATING TO THE COMMISSION ON PROSECUTION COORDINATION, SO AS
TO
CORRECT A REFERENCE TO A REPRESENTATIVE ON THE COMMISSION FROM THE
DEPARTMENT OF
PUBLIC SAFETY; SECTION 1-7-940, RELATING TO THE DUTIES OF THE COMMISSION ON
PROSECUTION COORDINATION, SO AS TO REQUIRE THE COMMISSION TO PROVIDE TRAINING
FOR
VICTIM/WITNESS ASSISTANCE UNITS WITHIN THE SOLICITORS' OFFICES; SECTION 1-11-310,
AS
AMENDED, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE
BUDGET AND
CONTROL BOARD, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION
1-19-60,
RELATING TO THE COMPOSITION OF THE STATE DEVELOPMENT BOARD, SO AS TO PROVIDE
THAT ONE
OF THE GUBERNATORIAL APPOINTEES MAY BE THE DIRECTOR OF THE DEPARTMENT OF
COMMERCE OR
HIS DESIGNEE RATHER THAN A MEMBER OF THE STATE DEVELOPMENT BOARD; SECTION
1-23-10,
RELATING TO DEFINITIONS UNDER THE STATE REGISTER AND CODE OF REGULATIONS, SO
AS TO
PROVIDE THAT THE DEFINITION OF "REGULATION" DOES NOT INCLUDE RULES OF
THE
DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 1-23-111, RELATING
TO
THE PROCESS FOR PROMULGATING REGULATIONS, SO AS TO AUTHORIZE THE CHAIRMAN
OF THE
BOARD OF A DEPARTMENT TO DESIGNATE A MEMBER OF THE BOARD TO PRESIDE DURING
SUCH
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
Printed Page 1905 . . . . . Thursday, April 20,
1995
BRANCH OF STATE GOVERNMENT, SO AS TO CORRECT A REFERENCE TO THE
DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 1-30-25, RELATING
TO THE
DEPARTMENT OF COMMERCE, SO AS TO CHANGE THE NAME OF THE DIVISION OF
AERONAUTICS TO
THE STATE AVIATION ADMINISTRATION; SECTION 1-30-35, RELATING TO THE DEPARTMENT
OF
DISABILITIES AND SPECIAL NEEDS, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS
OF
THE 1976 CODE CONTAINED IN THIS SECTION; SECTION 1-30-85, RELATING TO THE
DEPARTMENT
OF PROBATION, PARDON AND PAROLE, SO AS TO CORRECT THE NAME OF THE DEPARTMENT
TO THE
DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; TO AMEND SECTION 2-7-73,
AS
AMENDED, RELATING TO LEGISLATIVE ENACTMENTS AND THE REQUIREMENT THAT BILLS
AND
RESOLUTIONS MANDATING HEALTH INSURANCE COVERAGE MUST HAVE FISCAL IMPACT
STATEMENTS,
SO AS TO DELETE CERTAIN LANGUAGE WHICH PREVIOUSLY REFERRED TO THE FORMER
"CHIEF
INSURANCE COMMISSIONER"; SECTION 2-13-190, AS AMENDED, RELATING TO THE
DISTRIBUTION OF THE ANNUAL ACTS AND JOINT RESOLUTIONS OF THE GENERAL
ASSEMBLY, SO AS
TO CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO WHOM THESE ACTS AND JOINT
RESOLUTIONS ARE PROVIDED AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION;
SECTION
2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, SO AS TO CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO WHOM
THESE
CODES ARE PROVIDED AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION; SECTION
2-19-10,
RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY
THE
GENERAL ASSEMBLY, SO AS TO REFER TO AN EXCEPTION CONTAINED IN THE
RESTRUCTURING ACT
PERTAINING TO THE 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
Printed Page 1906 . . . . . Thursday, April 20,
1995
CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION
4-10-65, RELATING TO THE DISTRIBUTION OF UNIDENTIFIED LOCAL SALES AND TAX
REVENUES,
SO AS TO CHANGE A REFERENCE TO TAX COMMISSION TO CONFORM TO THE
RESTRUCTURING ACT;
SECTION 4-10-80, AS AMENDED, RELATING TO REPORTS OF THE TOTAL AMOUNT OF
REVENUE
COLLECTED FROM THE LOCAL SALES AND USE TAX, SO AS TO CHANGE REFERENCES TO
CONFORM TO
THE RESTRUCTURING ACT; SECTION 4-10-90, AS AMENDED, RELATING TO ADMINISTRATION
OF THE
LOCAL SALES AND USE TAX BY THE DEPARTMENT OF REVENUE, SO AS TO CHANGE
REFERENCES TO
CONFORM TO THE RESTRUCTURING ACT; SECTION 4-29-67, AS AMENDED, RELATING TO THE
FEE
REQUIRED IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO CHANGE
REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-29-69, RELATING TO
THE FEE
IN LIEU OF PROPERTY TAXES ALLOWED CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS,
SO AS TO
CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 6-19-30, RELATING TO AN
ADVISORY
COMMITTEE FOR STATE WATER AND SEWER AUTHORITY GRANTS, SO AS TO REVISE THE
TITLE OF
THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL
CONTROL AND TO
DELETE OBSOLETE LANGUAGE; SECTION 9-1-1535, RELATING TO RETIREMENT OF WILDLIFE
CONSERVATION OFFICERS, SO AS TO REVISE THE NAMES OF THE OFFICERS, THE LAW
ENFORCEMENT
SECTION, AND THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; SECTION 10-1-100,
RELATING
TO REQUIREMENTS IN STATE CONTRACTS FOR APPLICABLE POLLUTION PREVENTION AND
NATURAL
RESOURCE PROTECTION REQUIREMENTS, SO AS TO CONFORM A REFERENCE TO THE
HIGHWAY
DEPARTMENT TO THE RESTRUCTURING ACT; SECTION 11-9-825, AS AMENDED, RELATING TO
ADDITIONAL STAFF FOR THE BOARD OF 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
Printed Page 1907 . . . . . Thursday, April 20,
1995
DELETE THE STATUTORY DIVISIONS;SECTION 12-4-30, AS AMENDED, RELATING
TO THE COMMISSIONERS OF THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE
REQUIREMENTS FOR
THE DEPARTMENT'S DIRECTOR; TO AMEND SECTIONS 12-4-40, 12-4-50, 12-4-60, AND 12-4-70,
AS AMENDED, RELATING TO THE TAX COMMISSION, SO AS TO REVISE REFERENCES TO THE
COMMISSIONER AND COMMISSION; SECTION 12-4-340, AS AMENDED, RELATING TO THE
AUTHORITY
OF THE DEPARTMENT OF REVENUE TO CONTRACT WITH A COLLECTION AGENCY TO
COLLECT
DELINQUENT TAXES, SO AS TO CONFORM A REFERENCE TO THE RESTRUCTURING ACT;
SECTION
12-4-760, RELATING TO APPEALS FROM THE TAX COMMISSION TO THE TAX BOARD OF
REVIEW, SO
AS TO CHANGE REFERENCES OF THE TAX COMMISSION TO THE ADMINISTRATIVE LAW
JUDGE
DIVISION AND CHANGE REFERENCES TO THE TAX BOARD OF REVIEW TO THE CIRCUIT
COURT;
SECTION 12-21-2423, AS AMENDED, RELATING TO THE TEMPORARY DEDICATION OF A
PORTION OF
ADMISSIONS TAX REVENUES TO THE DEVELOPMENT OF MAJOR TOURISM OR RECREATION
FACILITY,
SO AS TO CONFORM REFERENCES TO VARIOUS STATE AGENCIES TO THE RESTRUCTURING
ACT AND TO
DELETE ADVISORY FROM THE NAME OF THE ADVISORY COORDINATING COUNCIL FOR
ECONOMIC
DEVELOPMENT OF THE DEPARTMENT OF COMMERCE; SECTION 12-21-2720, AS AMENDED,
RELATING
TO FEES FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO CONFORM REFERENCES
TO TAX
COMMISSION TO THE RESTRUCTURING ACT; SECTION 12-21-2738, AS AMENDED, RELATING
TO THE
PENALTIES FOR VIOLATION OF THE COIN-OPERATED DEVICE LICENSING LAWS, SO AS TO
CONFORM
A REFERENCE TO THE RESTRUCTURING ACT; ARTICLE 20, CHAPTER 21, TITLE 12, THE VIDEO
GAME MACHINES ACT, SO AS TO CONFORM REFERENCES IN THE 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
Printed Page 1908 . . . . . Thursday, April 20,
1995
TAXES THROUGH THE WATER RECREATIONAL RESOURCES FUND, SO AS TO CHANGE
REFERENCES TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO THE
PROVISIONS OF
THE RESTRUCTURING ACT EFFECTIVE JULY 1, 1994; SECTION 12-27-400, AS AMENDED,
RELATING
TO THE USE OF "C" FUNDS, SO AS TO CONFORM REFERENCES TO STATE AGENCIES
TO
THE RESTRUCTURING ACT; SECTION 12-27-1270, AS AMENDED, RELATING TO THE PORTION
OF THE
SHIMS GASOLINE TAX REVENUES SET ASIDE IN THE ECONOMIC DEVELOPMENT ACCOUNT,
SO AS TO
CONFORM THE REFERENCE TO THE COORDINATING COUNCIL FOR ECONOMIC
DEVELOPMENT TO THE
APPROPRIATE DIVISION OF THE DEPARTMENT OF COMMERCE AND TO DELETE AN OBSOLETE
PROVISION; SECTION 12-36-1710, AS AMENDED, RELATING TO THE ECONOMIC DEVELOPMENT
ACCOUNT, SO AS TO REVISE THE REFERENCE TO THE DEPARTMENT OF REVENUE AND
TAXATION AND
CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION
ADMINISTRATION;
SECTION 12-36-2570, AS AMENDED, RELATING TO THE TIME OF PAYMENT OF SALES AND USE
TAX,
SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 12-36-2610, AS
AMENDED,
RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF THE SALES TAX, SO AS
TO
CONFORM REFERENCE TO THE TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION
12-37-930,
AS AMENDED, RELATING TO VALUATION OF PROPERTY AND THE DEPRECIATION SCHEDULE
FOR
MANUFACTURING MACHINERY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO
CHANGE
REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 12-37-2680, AS AMENDED,
RELATING TO THE DETERMINATION OF ASSESSED VALUE OF A VEHICLE, SO AS TO PROVIDE
THAT
AN APPEAL MUST BE MADE TO THE ADMINISTRATIVE LAW JUDGE DIVISION WITHIN THIRTY
DAYS 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
Printed Page 1909 . . . . . Thursday, April 20,
1995
PROVIDE THAT APPEALS ARE CONFINED TO THE RECORD; SECTION 12-53-220,
AS AMENDED, RELATING TO TAX COLLECTION AND POSTING OF BONDS FOR JEOPARDY
ASSESSMENTS,
SO AS TO CORRECTLY SET FORTH THE NAME OF THE DEPARTMENT OF INSURANCE OF
SOUTH
CAROLINA; SECTION 13-1-10, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO
CHANGE
THE DIVISION NAMES FROM DIVISION OF AERONAUTICS TO STATE AVIATION
ADMINISTRATION AND
FROM ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO
COORDINATING COUNCIL
FOR ECONOMIC DEVELOPMENT; ARTICLE 7, CHAPTER 1 OF TITLE 13, RELATING TO THE
DIVISION
OF AVIATION, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE
STATE
AVIATION ADMINISTRATION; ARTICLE 11 OF CHAPTER 1 OF TITLE 13, AS AMENDED,
RELATING TO
THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO DELETE
ADVISORY
FROM THE NAME OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC
DEVELOPMENT OF THE
DEPARTMENT OF COMMERCE; SECTION 13-17-40, AS AMENDED, RELATING TO THE BOARD
OF THE
SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO CORRECT A REFERENCE TO THE
FORMER
CHAIRMAN OF THE STATE DEVELOPMENT BOARD; SECTION 15-9-410, AS AMENDED,
RELATING TO
PROVISIONS CONCERNING NONRESIDENT AIRCRAFT OPERATORS, SO AS TO CHANGE THE
NAME OF THE
DIVISION OF AERONAUTICS TO THE STATE AERONAUTICS ADMINISTRATION; SECTION
16-3-1120,
AS AMENDED, RELATING TO THE DIRECTOR OF THE VICTIM'S COMPENSATION FUND, SO AS
TO
PROVIDE THAT THE DIRECTOR, AFTER CONSULTATION WITH THE CRIME VICTIM'S
ADVISORY BOARD,
MUST DEVELOP AND ADMINISTER A PLAN FOR INFORMING THE PUBLIC OF THE AVAILABLE
BENEFITS; SECTION 16-3-1130, AS AMENDED, RELATING TO CLAIMS UNDER THE VICTIM'S
COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO
Printed Page 1910 . . . . . Thursday, April 20,
1995
DIRECTOR;
SECTION 16-3-1140, AS AMENDED, RELATING TO APPEALS UNDER THE VICTIM'S
COMPENSATION
FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION
16-3-1150,
AS AMENDED, RELATING TO EMERGENCY AWARDS UNDER THE VICTIM'S COMPENSATION
FUND, SO AS
TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO
DIRECTOR; SECTION 16-3-1200, RELATING TO THE VICTIM'S COMPENSATION
FUND AND THE CONDUCT OF A VICTIM OR INTERVENOR CONTRIBUTING TO INFLICTION OF
INJURY,
SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1230,
RELATING TO CLAIMS FILED IN BEHALF OF A MINOR OR INCOMPETENT UNDER THE
VICTIM'S
COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO
DIRECTOR;
SECTION 16-3-1260, RELATING TO REIMBURSEMENT FOR PAYMENT FROM THE VICTIM'S
COMPENSATION FUND, SO AS TO CHANGE THE NAME OF CERTAIN DEPARTMENTS; SECTION
16-3-1300, AS AMENDED, RELATING TO PAYMENT OF AN AWARD UNDER THE VICTIM'S
COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO
DIRECTOR;
SECTION 16-3-1340, AS AMENDED, RELATING TO THE ATTORNEY FOR A CLAIMANT UNDER
THE
VICTIM'S COMPENSATION FUND, SO AS TO DELETE THE PROVISION REQUIRING ATTORNEYS
OF THE
WORKERS' COMPENSATION FUND TO REPRESENT THE VICTIM'S COMPENSATION FUND;
SECTION
16-3-1410, RELATING TO THE RESPONSIBILITIES OF THE VICTIM COMPENSATION FUND
RELATING
TO THE VICTIM/WITNESS ASSISTANCE PROGRAM, SO AS TO DELETE THE REQUIREMENT
THAT THE
FUND PROVIDE TRAINING FOR THE SOLICITORS' OFFICES; SECTION 16-3-1550, AS AMENDED,
RELATING TO VICTIM IMPACT STATEMENTS, SO AS TO EXTEND THE PROVISIONS OF THE
SECTION
TO FAMILY COURT IN CONJUNCTION WITH THE PROSECUTION OF JUVENILE OFFENDERS, TO
REQUIRE
THE EXECUTIVE DIRECTOR OF THE COMMISSION ON PROSECUTION COORDINATION TO
DEVELOP THE
FORM RATHER THAN THE ATTORNEY GENERAL, AND TO CORRECT THE NAME OF THE
BOARD OF PAROLE
AND COMMUNITY CORRECTIONS; SECTION 17-17-100, RELATING TO THE TRANSFER OF WRIT
OF
HABEAS CORPUS PETITIONS TO THE COURT IN THE COUNTY WHERE 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
Printed Page 1911 . . . . . Thursday, April 20,
1995
COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS REGARDING HARD LABOR,
SO AS TO CHANGE THE NAME OF THE COMMISSIONER; SECTION 17-25-145, RELATING TO
IMPLEMENTATION OF COMMUNITY PENALTIES PROGRAM, SO AS TO CHANGE THE NAME OF
THE
DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS; SECTION 17-25-370, RELATING
TO
EXECUTION OF DEATH SENTENCE, SO AS TO CHANGE THE NAME OF THE COMMISSIONER
OF THE
DEPARTMENT OF CORRECTIONS; SECTION 17-25-380, RELATING TO COPIES AND FORM OF
NOTICE
OF DEATH PENALTY, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE
DEPARTMENT OF
CORRECTIONS; SECTION 17-25-400, RELATING TO SERVICE OF NOTICE ON PRISONER, SO AS
TO
CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS;
SECTION
20-7-640, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO
DELETE THE REQUIREMENT THAT THE COUNTY BOARD APPOINT AN ADVISORY COMMITTEE;
SECTION
20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF DEPARTMENT OF SOCIAL
SERVICES
RECORDS, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE
DEPARTMENT;
SECTION 20-7-2020, RELATING TO APPROVAL OF AGREEMENTS UNDER THE INTERSTATE
COMPACT ON
THE PLACEMENT OF CHILDREN, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD
OF
THE DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-2340, RELATING TO ADOPTION FEES
ESTABLISHED BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THE AUTHORITY
TO
ESTABLISH THESE FEES; SECTION 20-7-2379, AS AMENDED, RELATING TO THE DIVISION FOR
REVIEW OF FOSTER CARE OF CHILDREN, SO AS TO DELETE THE INAPPLICABLE PROVISION
FOR THE
DIVISION DIRECTOR'S SALARY; SECTION 20-7-2640, AS AMENDED, RELATING TO THE
INTERSTATE
COMPACT FOR ADOPTION AND 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
Printed Page 1912 . . . . . Thursday, April 20,
1995
CENTERS,SO AS TO CLARIFY THAT APPEALS FROM A REGISTRATION SUSPENSION
MUST BE HEARD BY AN ADMINISTRATIVE LAW JUDGE; SECTION 20-7-3230, AS AMENDED,
RELATING
TO INSTITUTIONAL SERVICES PROVIDED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS
TO
REVISE THE NAME OF THE DEPARTMENT OF YOUTH SERVICES; SECTION 20-7-5420, AS
AMENDED,
RELATING TO THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH, SO AS TO
DELETE
CERTAIN OBSOLETE MEMBERS FROM THE COUNCIL AND TO CORRECT CERTAIN
REFERENCES; SECTION
20-7-5910, AS AMENDED, RELATING TO THE STATE CHILD FATALITY ADVISORY COMMITTEE,
SO AS
TO REVISE THE NAMES OF CERTAIN STATE AGENCIES AND THE TITLES OF CERTAIN
ADMINISTRATIVE HEADS OF STATE AGENCIES; SECTION 23-4-20, RELATING TO CRIMINAL
JUSTICE
COMMITTEES AND PROGRAMS OF THE OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT
THE
DIVISION OF PUBLIC SAFETY PROGRAMS REFERRED TO IN THIS SECTION MEANS THE
DEPARTMENT
OF PUBLIC SAFETY RATHER THAN OF THE OFFICE OF THE GOVERNOR; SECTION 23-4-110, AS
AMENDED, RELATING TO THE GOVERNOR'S COMMITTEE ON CRIMINAL JUSTICE, CRIME AND
DELINQUENCY, SO AS TO CONFORM THE MEMBERSHIP OF THE COMMITTEE TO THE
REVISIONS OF THE
RESTRUCTURING ACT; SECTION 23-4-520, RELATING TO THE DUTIES OF THE GOVERNOR'S
OFFICE
OF CRIMINAL JUSTICE PROGRAMS, SO AS TO CORRECT A REFERENCE TO THE FORMER
DEPARTMENT
OF YOUTH SERVICES; SECTION 23-6-10, AS AMENDED, RELATING TO DEFINITIONS
PERTAINING TO
THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE THE DEFINITION OF "DEPUTY
DIRECTOR"; SECTION 23-6-40, AS AMENDED, RELATING TO THE DIRECTOR AND DEPUTY
DIRECTORS FOR THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE THE PROVISIONS
FOR
DEPUTY DIRECTORS; 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
Printed Page 1913 . . . . . Thursday, April 20,
1995
ADVISORY, TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY
TO SERVE AS CHAIRMAN OF THE COMMITTEE, AND TO MAKE CONFORMING CHANGES
THROUGHOUT; TO
AMEND SECTION 24-1-10, RELATING TO CONSTRUCTION OF REFERENCES, SO AS TO
CONFORM
REFERENCES TO THE RESTRUCTURING ACT; SECTION 24-13-730, RELATING TO PROGRAM
CHANGES
SUBJECT TO APPROPRIATIONS BY THE GENERAL ASSEMBLY, SO AS TO REVISE CODE
SECTIONS;
SECTION 24-21-300, RELATING TO CITATION AND AFFIDAVIT OF PERSON RELEASED, SO AS
TO
ADD THE REFERENCE OF OFFENDER MANAGEMENT SYSTEM ACT AND TO CHANGE THE
REFERENCE OF
BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO DEPARTMENT OF PROBATION,
PAROLE AND
PARDON SERVICES; SECTION 24-22-30, RELATING TO ELIGIBILITY TO PARTICIPATE IN THE
OFFENDER MANAGEMENT SYSTEM, SO AS TO CHANGE THE REFERENCE OF THE BOARD OF
PROBATION,
PAROLE AND PARDON SERVICES TO THE DEPARTMENT OF PROBATION, PAROLE AND
PARDON
SERVICES; SECTION 24-22-150, RELATING TO FUNDING REQUIRED, SO AS TO CHANGE THE
REFERENCE OF COMMISSION TO DIRECTOR; SECTION 24-23-30, RELATING TO THE
COMMUNITY
CORRECTIONS PLAN, SO AS TO CHANGE THE REFERENCE OF BOARD OF PROBATION, PAROLE
AND
PARDON SERVICES TO DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES;
SECTION
24-26-10, RELATING TO THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO
AS TO
CORRECT REFERENCES TO CERTAIN NONVOTING MEMBERS OF THE COMMISSION; SECTION
25-19-20,
RELATING TO THE PRISONER OF WAR COMMISSION, SO AS TO REVISE THE NAME OF THE
DEPARTMENT OF VETERANS' AFFAIRS TO CONFORM TO ACT 181 OF 1993, RESTRUCTURING
OF STATE
GOVERNMENT; SECTION 31-13-30, RELATING TO MEMBERSHIP 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
Printed Page 1914 . . . . . Thursday, April 20,
1995
ADMINISTRATIVE DISSOLUTION OF A CORPORATION BY THE SECRETARY OF
STATE, SO AS TO CONFORM A REFERENCE TO THE TAX COMMISSION TO THE PROVISIONS
OF THE
RESTRUCTURING ACT; SECTION 33-39-250, RELATING TO THE POWERS OF COUNTY BUSINESS
DEVELOPMENT CORPORATIONS, SO AS TO CONFORM A REFERENCE TO THE STATE
DEVELOPMENT BOARD
TO THE RESTRUCTURING ACT; SECTION 38-3-110, AS AMENDED, RELATING TO DUTIES OF
THE
CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT REGULATIONS ARE
PROMULGATED BY
THE COMMISSIONER; SECTION 38-27-520, AS AMENDED, RELATING TO RECOVERY OF
PREMIUMS
OWED, SO AS TO PROVIDE THAT AN APPEAL IS TO THE CIRCUIT COURT AND NOT THE
ADMINISTRATIVE LAW JUDGE DIVISION; SECTION 38-43-106, AS AMENDED, RELATING TO
CONTINUING EDUCATION REQUIREMENTS, SO AS TO REESTABLISH THE MEMBERSHIP OF THE
CONTINUING EDUCATION ADVISORY COMMITTEE; SECTION 38-73-1380, AS AMENDED,
RELATING TO
PRIVATE PASSENGER AUTOMOBILE INSURANCE, APPROVAL OF FINAL RATE OR PREMIUM
CHARGE, AND
APPROVAL OF EXPENSE COMPONENT, SO AS TO DELETE AN INCORRECT REFERENCE TO
"THE
DIVISION" AND SUBSTITUTE A REFERENCE TO "THE DEPARTMENT", MEANING
THE
DEPARTMENT OF INSURANCE AND TO CHANGE REFERENCES FROM DIRECTOR TO
COMMISSIONER;
SECTION 38-77-580, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE SOUTH
CAROLINA
REINSURANCE FACILITY, SO AS TO ELIMINATE AN UNNECESSARY REQUIREMENT THAT THE
COMMISSIONER OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE ACT THROUGH THE
DEPARTMENT IN PERFORMING A CERTAIN FUNCTION; SECTION 38-79-270, AS AMENDED,
RELATING
TO APPEALING ACTIONS OF THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT
UNDERWRITING ASSOCIATION, SO AS TO PROVIDE THAT THE 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
Printed Page 1915 . . . . . Thursday, April 20,
1995
39,RELATING TO ADULTERATED, MISBRANDED, OR NEW DRUGS AND DEVICES, SO
AS TO CONFORM THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF
HEALTH AND
ENVIRONMENTAL CONTROL TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT;
SECTION
40-6-180, AS AMENDED, RELATING TO AUCTIONEERS, SO AS TO REINSERT LANGUAGE TO
PROVIDE
THAT AN APPRENTICE'S SUPERVISING AUCTIONEER BE NOTIFIED IF CHARGES ARE BROUGHT
AGAINST THE APPRENTICE; SECTION 40-15-210, AS AMENDED, RELATING TO THE AUTHORITY
OF A
PERSON WHOSE LICENSE OR REGISTRATION CERTIFICATE TO PRACTICE DENTISTRY, DENTAL
HYGIENE, OR PERFORM DENTAL TECHNOLOGICAL WORK HAS BEEN SUSPENDED OR
REVOKED PURSUANT
TO THE PROVISIONS OF ARTICLE 5, CHAPTER 23 OF TITLE 1 (ADMINISTRATIVE LAW JUDGE
DIVISION), SO AS TO REENACT THE CRIMINAL PENALTY PROVISIONS WHICH WERE
INADVERTENTLY
OMITTED BY ACT 181 OF 1993 (RESTRUCTURING); SECTION 40-22-150, AS AMENDED,
RELATING
TO ENGINEERS AND LAND SURVEYORS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE
DEPARTMENT
OF LABOR, LICENSING, AND REGULATION MAY EMPLOY AN EXECUTIVE DIRECTOR FOR THE
BOARD;
SECTION 40-25-40, AS AMENDED, RELATING TO RECOMMENDATIONS FOR MEMBERSHIP ON
THE
COMMISSION OF HEARING AID SPECIALISTS, SO AS TO REVISE THE NAME OF THE
COMMISSION ON
AGING; SECTION 40-35-10, AS AMENDED, RELATING TO DEFINITIONS CONCERNING THE
BOARD OF
EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE
FACILITY
ADMINISTRATORS, SO AS TO CHANGE REFERENCES IN THE DEFINITION OF "QUALIFIED
MENTAL RETARDATION PROFESSIONAL" FROM THE SOUTH CAROLINA DEPARTMENT
OF MENTAL
RETARDATION TO THE DEPARTMENT OF DISABILITIES AND 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
Printed Page 1916 . . . . . Thursday, April 20,
1995
TO BE OBTAINED ON EXAMINATION REQUIRED BY THE BOARD OF MEDICAL
EXAMINERS, SO AS TO CHANGE A REFERENCE FROM THE STATE MENTAL RETARDATION
DEPARTMENT
TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTIONS 41-10-70, 41-10-80,
41-10-90, 41-10-110, AS AMENDED, SECTION 41-13-20, SECTION 41-13-25, AS AMENDED,
SECTIONS 41-13-50, 41-13-60, 41-15-90, 41-15-100, 41-15-210, 41-15-220, 41-15-230,
41-15-240, 41-15-250, 41-15-260, 41-15-270, 41-15-280, 41-15-290, 41-15-300, SECTION
41-15-320, AS AMENDED, SECTION 41-15-520, SECTIONS 41-16-20, 41-16-40, AS AMENDED,
SECTIONS 41-16-50, 41-16-60, 41-16-70, 41-16-80, 41-16-90, SECTIONS 41-16-100,
41-16-110, AS AMENDED, SECTIONS 41-16-120, 41-16-130, SECTION 41-16-140, AS AMENDED,
SECTIONS 41-16-150, 41-16-160, SECTION 41-16-180, AS AMENDED, SECTIONS 41-17-10,
41-17-20, 41-17-40, 41-17-50, 41-17-60, 41-17-70, SECTION 41-18-40, AS AMENDED,
SECTION 41-18-50, SECTIONS 41-18-60, 41-18-70, 41-18-80, 41-18-100, 41-18-110, AS
AMENDED, SECTIONS 41-18-120, 41-18-130, SECTIONS 41-18-150, 41-21-20, AS AMENDED,
SECTIONS 41-21-30, 41-21-40, 41-21-70, 41-21-80, 41-21-90, 41-21-100, 41-25-110,
RELATING TO THE COMMISSIONER OF LABOR, THE DEPARTMENT OF LABOR, AND VARIOUS
DIVISIONS
WITHIN THE DEPARTMENT, SO AS TO CONFORM THOSE REFERENCES TO THE PROVISIONS
OF SECTION
977 OF ACT 181 OF 1993 (RESTRUCTURING ACT) AND DELETE OBSOLETE PROVISIONS;
SECTION
41-43-40, AS AMENDED, RELATING TO THE DIRECTOR OF THE SOUTH CAROLINA
JOBS-ECONOMIC
DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE CHAIRMAN OF THE
STATE
DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 41-43-190, RELATING TO THE
EXPORT
PROGRAMS OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS
TO CONFORM
A REFERENCE TO THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; 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
Printed Page 1917 . . . . . Thursday, April 20,
1995
CONFORM A REFERENCE TO THE CHIEF INSURANCE COMMISSIONER; SECTION
43-1-115, RELATING TO COUNTY DEPARTMENT OF SOCIAL SERVICES BIENNIAL
PERFORMANCE
AUDITS, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE STATE
DEPARTMENT
AND TO CORRECT A REFERENCE; SECTION 43-5-150, AS AMENDED, RELATING TO APPEALS
TO THE
DEPARTMENT OF SOCIAL SERVICES FOR DENIAL OF PUBLIC ASSISTANCE, SO AS TO CLARIFY
THAN
AN ADMINISTRATIVE LAW JUDGE RATHER THAN A HEARING EXAMINER HEARS AN APPEAL
PURSUANT
TO THE ADMINISTRATIVE PROCEDURES ACT; SECTIONS 43-7-410, 43-7-420, 43-7-430, AND
SECTION 43-7-440, AS AMENDED, RELATING TO ASSIGNMENT AND SUBROGATION OF CLAIMS
FOR
REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO DELETE REFERENCES TO THE STATE
HEALTH
AND HUMAN SERVICES FINANCE COMMISSION AND SUBSTITUTE SOUTH CAROLINA
DEPARTMENT OF
HEALTH AND HUMAN SERVICES; SECTION 43-21-10, AS AMENDED, RELATING TO THE
ADVISORY
COMMISSION ON AGING, SO AS TO REVISE THE MEMBERSHIP AND RESPONSIBILITIES;
SECTION
43-21-130, AS AMENDED, RELATING TO THE LONG TERM CARE COUNCIL, SO AS TO REVISE
THE
NAME, MEMBERSHIP, AND RESPONSIBILITIES OF THE COUNCIL; SECTION 43-21-150, AS
AMENDED,
RELATING TO THE EDUCATIONAL AND INFORMATIONAL PROGRAM OF THE DIVISION ON
AGING, SO AS
TO REVISE THE REFERENCE TO THE LONG TERM CARE COUNCIL IN ORDER TO CONFORM TO
A PRIOR
NAME CHANGE; TO AMEND SECTION 43-35-310, RELATING TO THE ADULT PROTECTION
COORDINATING COUNCIL, SO AS TO REVISE THE NAME OF THE MEMBER AGENCIES AND
ADMINISTRATIVE TITLES; TO AMEND SECTION 44-1-50, AS AMENDED, RELATING TO THE
BOARD OF
HEALTH AND ENVIRONMENTAL CONTROL HEARING APPEALS FROM THE DECISIONS OF AN
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
Printed Page 1918 . . . . . Thursday, April 20,
1995
HEALTH AND HUMAN SERVICES, SO AS TO DELETE A REFERENCE TO COMMISSION
AND SUBSTITUTE FOR IT DEPARTMENT UNDER THE DEFINITION OF MARKET BASKET INDEX;
SECTION
44-6-60, AS AMENDED, RELATING TO THE ADVISORY COMMITTEE TO THE HEALTH AND
HUMAN
SERVICES FINANCE COMMISSION, SO AS TO REVISE THE NAMES OF THE DEPARTMENTS
REPRESENTED
ON THE COMMITTEE AND THE TITLES OF THE DEPARTMENT ADMINISTRATORS; SECTION
44-6-140,
AS AMENDED, RELATING TO MEDICAID HOSPITAL PROSPECTIVE PAYMENT SYSTEM AND
COST
CONTAINMENT MEASURES, SO AS TO DELETE COMMISSION IN TWO INSTANCES AND
SUBSTITUTE
DEPARTMENT, WITH REFERENCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES;
SECTION
44-6-146, AS AMENDED, RELATING TO COUNTY ASSESSMENTS FOR INDIGENT MEDICAL CARE
AND
PENALTIES FOR FAILURE TO PAY ASSESSMENTS IN A TIMELY MANNER, SO AS TO DELETE
A
REFERENCE TO COMMISSION AND SUBSTITUTE DEPARTMENT, WITH REFERENCE TO THE
DEPARTMENT
OF HEALTH AND HUMAN SERVICES; SECTION 44-6-170, AS AMENDED, RELATING TO THE
HEALTH
DATA OVERSIGHT COUNCIL, SO AS TO REVISE THE TITLES OF THE ADMINISTRATIVE HEADS
OF THE
DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE HEALTH AND HUMAN
SERVICES
FINANCE COMMISSION; SECTION 44-6-520, AS AMENDED, RELATING TO THE SALE, LEASE, OR
MORTGAGE OF A NURSING HOME IN RECEIVERSHIP, SO AS TO CHANGE A REFERENCE TO
THE HEALTH
AND HUMAN SERVICES FINANCE COMMISSION TO THE DEPARTMENT OF HEALTH AND
HUMAN SERVICES;
SECTION 44-6-540, RELATING TO THE REGULATION-MAKING AUTHORITY UNDER THE
"INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOME ACT", SO
AS TO
DELETE THE REFERENCE TO COMMISSION (MEANING THE HEALTH AND HUMAN SERVICES
FINANCE
COMMISSION) AND SUBSTITUTE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTIONS
44-6-720
AND 44-6-730, RELATING TO MEDICAID QUALIFYING TRUSTS, SO AS TO REVISE THE NAME
OF THE
STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION; SECTION 44-7-90, RELATING
TO
VIOLATIONS OF THE LAW CONCERNING MEDICAID NURSING HOME PERMITS AND
PENALTIES, SO AS
TO CLARIFY
Printed Page 1919 . . . . . Thursday, April 20,
1995
REFERENCES TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE
DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-7-170, AS
AMENDED,
RELATING TO EXEMPTIONS FROM THE STATE CERTIFICATION OF NEED AND HEALTH
FACILITY
LICENSURE ACT, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF MENTAL
RETARDATION;
SECTION 44-7-370, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS TO THE
RESIDENTIAL CARE COMMITTEE, SO AS TO REVISE THE TITLE OF THE DEPARTMENT
ADMINISTRATOR; SECTION 44-23-10, AS AMENDED, RELATING TO DEFINITIONS PERTAINING
TO
MENTALLY ILL AND MENTALLY RETARDED PERSONS, SO AS TO CLARIFY THE DEFINITION
OF
DIRECTOR; SECTION 44-38-380, AS AMENDED, RELATING TO THE ADVISORY COUNCIL TO THE
SOUTH CAROLINA HEAD AND SPINAL CORD SERVICE DELIVERY SYSTEM, SO AS TO REVISE
THE NAME
OF A MEMBER OF THE COUNCIL AND THE NAME OF THE ADMINISTRATIVE HEAD OF THE
DEPARTMENT
OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-40-60, RELATING TO SOUTH
CAROLINA
AGENT ORANGE ADVISORY COUNCIL, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF
VETERANS
AFFAIRS; SECTION 44-53-480, RELATING TO SOUTH CAROLINA LAW ENFORCEMENT DIVISION
ENFORCEMENT OF CONTROLLED SUBSTANCE LAWS, SO AS CONFORM REFERENCES TO THE
COMMISSION
ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-490, RELATING
TO
THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL DRUG INSPECTORS, SO AS
TO CONFORM
A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE
RESTRUCTURING ACT;
SECTION 44-53-500, RELATING TO THE ISSUANCE AND EXECUTION OF ADMINISTRATIVE
INSPECTION WARRANTS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
WITH
RESPECT TO THE REGULATION OF CONTROLLED SUBSTANCES, SO AS TO CONFORM A
REFERENCE TO
THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION
44-53-720,
RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO CONFORM A
REFERENCE TO THE
COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION
44-55-120,
RELATING TO THE SAFE DRINKING WATER ACT, SO
Printed Page 1920 . . . . . Thursday, April 20,
1995
AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF
HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-56-60, AS AMENDED, RELATING TO
HAZARDOUS
WASTE MANAGEMENT, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE
DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-67-90, RELATING
TO THE
DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S FUNDS FOR LITTER CONTROL
RESEARCH,
SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT; SECTION
44-96-440, RELATING TO UNLAWFUL ACTS UNDER SOLID WASTE MANAGEMENT, SO AS TO
REVISE
THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL
CONTROL; SECTION 46-13-60, AS AMENDED, RELATING TO STANDARDS FOR CERTIFICATION
OF
PESTICIDE APPLICATORS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS
TO THE
STATE AVIATION ADMINISTRATION; SECTION 48-9-30, AS AMENDED, RELATING TO
DEFINITIONS
PERTAINING TO SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO DEFINE THE
ADVISORY
COUNCIL; SECTION 48-9-610, AS AMENDED, RELATING TO THE APPOINTMENT OF TWO
COMMISSIONERS TO SERVE WITH THE ELECTED COMMISSIONERS OF SOIL AND WATER
CONSERVATION
DISTRICTS, SO AS TO AUTHORIZE THE BOARD OF THE DEPARTMENT OF NATURAL
RESOURCES TO
MAKE THE APPOINTMENT; SECTION 48-9-1210, AS AMENDED, RELATING TO THE
QUALIFICATIONS
OF APPOINTED COMMISSIONERS OF SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO
PROVIDE
FOR THEIR APPOINTMENT BY THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES
UPON THE
RECOMMENDATION OF THE ADVISORY COUNCIL INSTEAD OF BY THE BOARD OF THE
DEPARTMENT;
SECTION 48-9-1230, AS AMENDED, RELATING TO THE TERMS, VACANCIES, AND 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
Printed Page 1921 . . . . . Thursday, April 20,
1995
REFERENCES TO THE BOARDS OF ADJUSTMENT; SECTION 48-9-1840, AS
AMENDED, RELATING TO HARDSHIP PETITIONS FILED WITH BOARDS OF ADJUSTMENT, SO
AS TO
CLARIFY REFERENCES TO THE BOARDS, AND SECTION 48-9-1850, AS AMENDED, RELATING
TO
HEARINGS AND ACTION BY THE BOARDS, SO AS TO CLARIFY REFERENCES TO THE BOARDS;
SECTION
48-39-150, AS AMENDED, RELATING TO THE APPEALS PROCESS FOR THE DENIAL OF COASTAL
ZONE
PERMITS; SECTION 48-39-210, AS AMENDED, RELATING TO CRITICAL AREA DELINEATIONS,
SO AS
TO REVISE THE NAME OF THE COASTAL COUNCIL; SECTION 48-39-280, AS AMENDED,
RELATING TO
BEACH NOURISHMENT PROJECT PERMITS AND SETBACK LINES; SECTION 48-39-290, AS
AMENDED,
RELATING TO REBUILDING STRUCTURES OTHER THAN EROSION CONTROL STRUCTURES
SEAWARD OF
THE BASELINE, SO AS TO CLARIFY THE APPEALS PROCESS AS ESTABLISHED BY THE
RESTRUCTURING ACT OF 1993; SECTION 48-49-70, RELATING TO THE MOUNTAIN RIDGE
PROTECTION ACT OF 1984, SO AS TO TRANSFER THE JURISDICTION AND MANAGEMENT
FROM THE
DEPARTMENT OF PARKS, RECREATION AND TOURISM TO THE DEPARTMENT OF NATURAL
RESOURCES;
SECTION 49-1-15, AS AMENDED, RELATING TO PERMITS FOR HYDROELECTRIC PROJECTS
INVOLVING
IMPOUNDMENT OR DIVERSION OF WATERS OF NAVIGABLE STREAMS, SO AS TO REQUIRE A
PERMIT
FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ANY
CONSTRUCTION,
ALTERATION, DREDGING, FILLING, OR OTHER ACTIVITY IN ANY WATERS OF NAVIGABLE
STREAMS;
SECTION 49-4-15, AS AMENDED, RELATING TO THE SOUTH CAROLINA WATER USE
REPORTING AND
COORDINATION ACT, SO AS TO MAINTAIN THE PROGRAM UNDER THE DEPARTMENT OF
NATURAL
RESOURCES RATHER THAN TRANSFERRING IT TO THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL
CONTROL 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
Printed Page 1922 . . . . . Thursday, April 20,
1995
ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION,
SO AS TO CLARIFY THAT THE DIRECTOR OF THE DEPARTMENT IS RESPONSIBLE FOR HIRING
AND
FIRING THE OFFICERS; SECTION 50-3-315, AS AMENDED, RELATING TO DEPUTY
ENFORCEMENT
OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO REVISE THEIR
AUTHORITY; SECTION 50-3-510, AS AMENDED, RELATING TO THE CUTTING OF TIMBER BY
THE
DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE
AND
FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION
50-5-20, AS AMENDED, RELATING TO THE JURISDICTION OF THE MARINE RESOURCES
DIVISION OF
THE DEPARTMENT OF NATURAL RESOURCES SO AS TO CLARIFY THAT THE DEPARTMENT
HAS
CONTINUING JURISDICTION OVER STRIPED BASS; SECTION 50-5-110, AS AMENDED, RELATING
TO
THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF NATURAL RESOURCES, SO
AS TO
CHANGE THE REFERENCE TO DIVISION TO DEPARTMENT TO CONFORM TO OTHER CHANGES
IN THE
SECTION; SECTION 50-7-10, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE ATLANTIC
STATES MARINE FISHERIES COMMISSION, SO AS TO AUTHORIZE THE DIRECTOR OF THE
DEPARTMENT
OF NATURAL RESOURCES TO APPOINT A DESIGNEE TO SERVE IN HIS PLACE ON THE
COMMISSION;
SECTION 50-9-70, RELATING TO THE ESTABLISHMENT OF HUNTER EDUCATION PROGRAMS,
SO AS TO
REVISE THE NAME OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; SECTION
50-9-470, AS
AMENDED, RELATING TO TEMPORARY NONRESIDENT FISHING LICENSES, SO AS TO CHANGE
THE
REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND
FRESHWATER
FISHERIES DIVISION; SECTION 50-17-320, AS AMENDED, RELATING TO THE CLOSURE OF
SHELLFISH GROUNDS, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES
RATHER THAN
THE BOARD TO REMOVE CLOSED AREAS FROM A PERMIT ACREAGE AGREEMENT; SECTION
50-17-365,
AS AMENDED, RELATING TO THE CLOSED SEASON FOR SHELLFISH, SO AS TO AUTHORIZE
THE
DEPARTMENT OF NATURAL RESOURCES RATHER THAN THE BOARD TO OPEN OR CLOSE
AREAS; SECTION
50-17-730, AS AMENDED, RELATING TO THE REQUIREMENT FOR PEELER AND SOFT SHELL
CRABS,
SO AS TO DELETE THE REFERENCE
Printed Page 1923 . . . . . Thursday, April 20,
1995
TO MARINE RESOURCES DIVISION TO CONFORM TO OTHER CHANGES IN THE
SECTION; SECTION 51-3-60, RELATING TO FREE USE OF STATE PARK FACILITIES BY DISABLED
PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING AND THE STATE
DEPARTMENT
OF PARKS, RECREATION AND TOURISM; SECTION 51-13-860, RELATING TO A SPECIAL LOAN
TO
THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO
THE SOUTH
CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT; SECTION 53-3-100,
RELATING TO
THE COMMITTEE WHICH HONORS THE "SOUTH CAROLINA FAMILY OF THE YEAR",
SO AS
TO REVISE THE NAMES OF CERTAIN DEPARTMENTS AND COMMISSIONS ON THE COMMITTEE;
SECTION
55-1-1, RELATING TO THE DIVISION OF AERONAUTICS, SO AS TO CHANGE THE NAME TO THE
STATE AVIATION ADMINISTRATION; SECTION 55-1-5, AS AMENDED, RELATING TO
DEFINITION FOR
UNIFORM STATE AERONAUTICAL REGULATORY LAW, SO AS TO CHANGE THE NAME OF THE
DIVISION
OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-5-50, AS
AMENDED,
RELATING TO THE DEPUTY DIRECTOR OF AERONAUTICS, SO AS TO REINSERT THE
REQUIREMENT
THAT HE BE A COMMERCIAL PILOT WITH INSTRUMENT RATING; SECTION 55-5-190, AS
AMENDED,
RELATING TO COOPERATION BETWEEN PUBLIC DEPARTMENTS, SO AS TO CHANGE THE
NAME OF THE
DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-8-10, AS
AMENDED, RELATING TO THE UNIFORM AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO AS
TO
CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION
ADMINISTRATION;
SECTION 55-11-10, AS AMENDED, RELATING TO PARTICULAR AIRPORTS, SO AS TO CHANGE
THE
NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION;
SECTION
55-15-10, AS AMENDED, RELATING TO RELOCATION 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
Printed Page 1924 . . . . . Thursday, April 20,
1995
EXTINGUISHMENT, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF
PUBLIC SAFETY; SECTION 56-1-221, RELATING TO THE MEDICAL ADVISORY BOARD, SO AS TO
CONFORM REFERENCES TO THE RESTRUCTURING ACT AND TO CLARIFY THAT THE BOARD
MUST ADVISE
THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-225, AS AMENDED,
RELATING TO THE REEXAMINATION OF DRIVERS INVOLVED IN FOUR ACCIDENTS WITHIN
TWENTY-FOUR MONTHS, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC
SAFETY;
SECTION 56-1-1320, AS AMENDED, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVERS'
LICENSES, SO AS TO CLARIFY REFERENCES IN THE SECTION; SECTION 56-1-1330, AS
AMENDED,
RELATING TO PROVISIONAL DRIVER'S LICENSE, SO AS TO CHANGE REFERENCES FROM THE
SOUTH
COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE DEPARTMENT OF ALCOHOL AND
OTHER DRUG
ABUSE SERVICES; SECTION 56-1-2100, AS AMENDED, RELATING TO COMMERCIAL DRIVERS
LICENSES, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; TO
AMEND
SECTION 56-3-1010, RELATING TO DEFINITIONS FOR REGISTRATION OF CORPORATE OWNED
FLEET
MOTOR VEHICLES, SO AS TO CHANGE THE REFERENCE OF THE DEPARTMENT OF HIGHWAYS
AND
PUBLIC TRANSPORTATION TO THE DEPARTMENT OF REVENUE; SECTION 56-5-1520, AS
AMENDED,
RELATING TO MOTOR VEHICLE SPEED LIMITS, SO AS TO REVISE THE REQUIREMENTS FOR
DEPOSIT
OF FINES; SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL
TESTS OF BREATH, BLOOD, AND URINE, SO AS TO DELETE A SENTENCE WHICH HAS BEEN
DECLARED
UNCONSTITUTIONAL; SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF
THE
DRIVER'S LICENSE OF A PERSON CONVICTED OF CERTAIN VIOLATIONS, SO AS TO CHANGE
REFERENCES FROM THE 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
Printed Page 1925 . . . . . Thursday, April 20,
1995
AMENDED, RELATING TO THE DEFINITIONS FOR THE DISPOSITION OF ABANDONED
OR DERELICT MOTOR VEHICLES, SO AS TO CHANGE A REFERENCE TO THE DIRECTOR OF THE
DEPARTMENT OF REVENUE AND TAXATION TO THE DIRECTOR OF THE DEPARTMENT OF
PUBLIC
SAFETY; SECTION 56-10-240, AS AMENDED, RELATING TO NOTICE OF INSURANCE
CANCELLATION,
SO AS TO CORRECT REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY, THE
DEPARTMENT OF
REVENUE, AND THE CHIEF INSURANCE COMMISSIONER; SECTION 57-3-610, AS AMENDED,
RELATING
TO NAMING A ROAD, BRIDGE, OR HIGHWAY IN HONOR OF A PERSON, SO AS TO DELETE THE
REFERENCE TO COUNTY LEGISLATIVE DELEGATION AND SUBSTITUTE COUNTY
TRANSPORTATION
COMMITTEE AND PROVIDE FOR LIMITATION OF ACTUAL EXPENSES FOR DEDICATIONS ON
AN
INTERSTATE HIGHWAY; SECTION 57-5-1340, RELATING TO POWERS AND DUTIES OF THE
DEPARTMENT OF TRANSPORTATION REGARDING TURNPIKES, SO AS TO CHANGE
REFERENCES OF THE
DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF
TRANSPORTATION;
SECTION 57-25-150, AS AMENDED, RELATING TO PERMIT FEES FOR DIRECTIONAL SIGNS, SO
AS
TO CHANGE THE REFERENCE OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION TO
THE DEPARTMENT OF TRANSPORTATION; SECTIONS 57-25-470 AND 57-25-680, RELATING TO
COMPENSATION FOR REMOVAL OF OUTDOOR ADVERTISING SIGNS, SO AS TO CHANGE THE
NAME OF
THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF
TRANSPORTATION; SECTION 57-27-70, RELATING TO ACQUISITION OF LANDS FOR
JUNKYARDS, SO
AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION TO THE
DEPARTMENT OF TRANSPORTATION; ARTICLE 3, CHAPTER 3, TITLE 58, 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
Printed Page 1926 . . . . . Thursday, April 20,
1995
CONFORM THE NAME OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT
OF THE DEPARTMENT OF COMMERCE; SECTION 59-63-31, RELATING TO RESIDENCY
REQUIREMENTS
TO ATTEND PUBLIC SCHOOLS, SO AS TO CONFORM THE NAME OF THE DEPARTMENT OF
YOUTH
SERVICES TO ACT 181 OF 1993; SECTION 59-65-30, AS AMENDED, RELATING TO EXCEPTIONS
TO
MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN IN PUBLIC OR PRIVATE SCHOOLS,
SO AS TO
REVISE THE NAME OF THE DEPARTMENT OF YOUTH SERVICES; SECTION 59-67-535, RELATING
TO
THE USE OF BOATS OPERATED BY THE DEPARTMENT OF EDUCATION TO TRANSPORT
DISABLED
PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING; SECTION 59-111-20,
AS
AMENDED, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO
REVISE THE
NAME OF THE DEPARTMENT OF VETERANS AFFAIRS; SECTIONS 61-1-120 AND 61-1-125,
RELATING
TO REQUIREMENTS FOR APPLICANTS FOR LICENSES AND PERMITS ISSUED PURSUANT TO
THE
ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO CHANGE REFERENCES TO ALCOHOLIC
BEVERAGE
CONTROL COMMISSION AND COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING
ACT;
SECTIONS 61-5-320 AND 61-5-360, AS AMENDED, RELATING TO THE DISBURSEMENT OF FUNDS
TO
COUNTIES FOR EDUCATIONAL PURPOSES RELATING TO USE OF ALCOHOLIC LIQUORS AND
THE
REHABILITATION OF ALCOHOLICS, DRUG ABUSERS, AND DRUG ADDICTS, SO AS TO CHANGE
REFERENCES FROM THE SOUTH CAROLINA COMMISSION ON ALCOHOLISM AND THE
COMMISSIONER OF
NARCOTICS AND CONTROLLED SUBSTANCES TO THE DEPARTMENT OF ALCOHOL AND
OTHER DRUG ABUSE
SERVICES; SECTION 61-9-35, RELATING TO REQUIREMENTS FOR THE SALE OF BEER AND WINE
AND
THE RESTRICTIONS ON BEER OR BEER AND WINE PERMITTEE IN PAYING 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
Printed Page 1927 . . . . . Thursday, April 20,
1995
AS TO PROVIDE THAT AN EMPLOYEE'S PERSONNEL RECORDS ARE TRANSFERRED
AND BELONG TO THE AGENCY TO WHICH THE EMPLOYEE IS TRANSFERRED; SECTION 1618
OF ACT
181 OF 1993, RELATING TO THE EFFECTIVE DATES OF THE STATE GOVERNMENT
RESTRUCTURING
ACT, SO AS TO MAKE TECHNICAL CORRECTIONS IN REGARD TO CERTAIN EFFECTIVE DATES
AND
EFFECTIVE DATE REFERENCES; TO AMEND THE 1976 CODE BY ADDING SECTION 40-73-17, SO
AS
TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION SHALL
PROVIDE
LEGAL SERVICES TO ALL ITS DIVISIONS; SECTIONS 48-9-215 AND 48-9-225, SO AS TO
ESTABLISH AND PROVIDE FOR THE STATE LAND RESOURCES AND CONSERVATION DISTRICTS
ADVISORY COUNCIL; TO AMEND CHAPTER THREE OF TITLE 49 BY ADDING SECTION 49-3-60,
SO AS
TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO NEGOTIATE AGREEMENTS
RELATING TO
THE WITHDRAWAL, TRANSFER, OR DIVERSION OF WATER CONNECTED TO WATERS OF THIS
STATE; TO
AMEND THE 1976 CODE BY ADDING CHAPTER 27 TO TITLE 50, SO AS TO CHANGE THE
PLACEMENT
OF THE STATUTORY AUTHORITY FOR THE HERITAGE TRUST PROGRAM FROM TITLE 51 TO
TITLE 50;
TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1720 SO AS TO PROVIDE FOR A SPECIAL
LICENSE PLATE FOR LAW ENFORCEMENT MOTOR VEHICLES OPERATED BY LINE LAW
ENFORCEMENT
PERSONNEL OF THE DEPARTMENT OF PUBLIC SAFETY; TO DIRECT THE CODE COMMISSIONER
TO
CHANGE CERTAIN REFERENCES TO CONFORM WITH THE PROVISIONS OF THIS ACT; AND TO
REPEAL
SECTIONS 41-15-310, 43-21-120, 43-21-140, 48-9-230, 49-5-130, 49-21-80, CHAPTER 5 OF
TITLE 12, CHAPTER 61 OF TITLE 40, AND CHAPTER 17 OF TITLE 51.
Senator STILWELL asked unanimous consent to take the Bill up for immediate
consideration.
There was no objection.
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