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(7) a representative of the Natural Resources Enforcement Division of Natural Resources Police, to be appointed by the Director of the Department of Natural Resources; and.

(8) the Director of the Department of Public Safety.

(C) All members Members of the advisory committee may designate persons to represent them at meetings they are unable to attend.

Section 23-25-30. It shall be the responsibility of the advisory Committee committee created by Section 23-25-20 to plan, erect and maintain to assist the department in planning, erecting, and maintaining the Hall of Fame in the manner it shall determine appropriate but generally in accordance with the following guidelines:

(a) All officers from all agencies in the law-enforcement system shall be eligible for entry into the Hall of Fame.

(b) The names of all officers killed in the line of duty whose deaths under those circumstances can be established by creditable records shall be entered into the Hall.

(c) Any officer who performs an act or series of acts over and above the regular call of duty may become eligible for the Hall when so elected by the advisory Committee committee whether or not such act or acts resulted in death or injury to the officer concerned.

(d) Any officer whose continued record of excellence over a period of years is manifestly outstanding may be elected to the Hall by the advisory Committee committee.

(e) Suitable plaques inscribed with the names of those selected for the Hall shall be erected. Fame shall include museum-type displays of objects and equipment of unusual interest used by law-enforcement officers or otherwise related to law enforcement.

(f) Within the limits of funds provided, the Hall of Fame shall include museum-type displays of objects and equipment of unusual interest used by law enforcement officers or otherwise related to law enforcement.

(g) Provide tours and related safety and educational programs to the public.

Section 23-25-40. The advisory committee shall establish procedures and regulations for the nomination of members of the Hall of Fame. All selections of persons for Hall of Fame membership shall be made by a majority vote of the total membership of the advisory committee.

Meetings of the advisory committee shall be held at least quarterly, and more frequently at the call of the chairman. The advisory committee shall establish its own rules of procedure. Members shall not receive

SECTION 99. Section 24-1-10 of the 1976 Code is amended to read:

"Section 24-1-10. Wherever in the Code of Laws of South Carolina, 1976, reference is made to the State Penitentiary or Penitentiary, it shall mean the Department of Corrections or an institution of the Department of Corrections; and wherever reference is made to the Director of the Department of Corrections, it shall mean Commissioner of the Department of Corrections."

SECTION 100. Section 24-13-730 of the 1976 Code is amended to read:

"Section 24-13-730. Any new program established under Sections 14-1-210, 14-1-220, 14-1-230, 16-1-60, 16-1-70, 16-3-20, 16-3-26, 16-3-28, 16-23-490, 17-25-45, 17-25-70, 17-25-90, 17-25-140, 17-25-145, 17-25-150, 17-25-160, 20-7-1350, 24-3-40, 24-3-1120, 24-3-1130, 24-3-1140, 24-3-1160, 14-3-1170, 24-3-1190, 24-3-2020, 24-3-2030, 24-3-2060, 24-13-640, 24-13-650, 24-13-710, 24-13-910, 24-13-915, 24-13-920, 24-13-930, 24-13-940, 24-13-950, 24-21-13, 24-21-430, 24-21-475, 24-21-480, 24-21-485, 24-21-610, 24-21-640, 24-21-645, 24-21-650, 24-22-30, 24-22-40, 24-22-50, 24-22-70, 24-22-90, 24-22-100, 24-22-110, 24-22-120, 24-22-130, 24-22-140, 24-22-150, 24-22-160, 24-22-170, 24-23-115, and 42-1-505 or any change in any existing program may only be implemented only to the extent that appropriations for such the programs have been authorized by the General Assembly."

SECTION 101. Section 24-21-300 of the 1976 Code is amended to read:

"Section 24-21-300. At any time during a period of supervision, a probation and parole agent, instead of issuing a warrant, may issue a written citation and affidavit setting forth that the probationer, parolee, or any a person released or furloughed under the Prison Overcrowding Powers Act or the Offender Management System Act in the agent's judgment violates the conditions of his release or suspended sentence. The citation must be directed to the probationer, parolee, or the person released or furloughed, must require him to appear at a specified time, date, and court or other place, and must state the charges. The citation must set forth the probationer's, parolee's, or released or furloughed person's rights and contain a statement that a hearing will be held in his

SECTION 102. Section 24-22-30 of the 1976 Code, as added by Act 461 of 1992, is amended to read:

"Section 24-22-30. To be eligible to participate in the offender management system, an offender shall:

(a) must be classified as a qualified prisoner as defined herein;

(b) shall maintain a clear disciplinary record during the offender's incarceration or for at least six months prior to before consideration for placement in the system;

(c) shall demonstrate during incarceration a general desire to become a law abiding member of society;

(d) shall satisfy any reasonable requirements imposed on the offender by the Department of Corrections;

(e) must be willing to participate in the criminal offender management system and all of its programs and rehabilitative services and agree to conditions imposed by the departments;

(f) shall possess an acceptable risk score. The risk score shall must be affected by, but not be limited to, the following factors:

(1) nature and seriousness of the current offense;

(2) nature and seriousness of prior offenses;

(3) institutional record;

(4) performance under prior criminal justice supervision; and

(g) shall satisfy any other criteria established by the South Carolina Department of Corrections and the State Board Department of Probation, Parole and Pardon Services."

SECTION 103. Section 24-22-150 of the 1976 Code, as added by Act 461 of 1992, is amended to read:

"Section 24-22-150. The offender management system must not be initiated and offenders shall must not be enrolled in the offender management system unless appropriately funded out of the general funds of the State.

During periods when the offender management system is in operation and either the South Carolina Department of Corrections or the South Carolina Department of Probation, Parole and Pardon Services determines that its funding for the system has been exhausted, the commissioner director for the department having made the determination that funds are exhausted shall notify the commissioner director of the other department,

SECTION 104. Section 24-23-30 of the 1976 Code is amended to read:

"Section 24-23-30. The community corrections plan shall must include, but is not be limited to, describing the following community-based program needs:

(a) an intensive supervision program for probationers and parolees who require more than average supervision;

(b) a supervised inmate furlough program whereby inmates under the jurisdiction of the Department of Corrections can be administratively transferred to the supervision of state probation and parole agents for the purposes of pre-release preparation, securing employment and living arrangements, or obtaining rehabilitation services;

(c) a contract rehabilitation services program whereby private and public agencies, such as the Department of Vocational Rehabilitation and Mental Health and the various county commissions on alcohol and drug abuse, provide diagnostic and rehabilitative services to offenders who are under the Board's Department of Probation, Parole and Pardon Services' jurisdiction;

(d) community-based residential programs whereby public and private agencies as well as the Board Department of Probation, Parole and Pardon Services establish and operate halfway houses for those offenders who cannot perform satisfactorily on probation or parole;

(e) expanded use of presentence investigations and their role and potential for increasing the use of community-based programs, restitution and victim assistance; and

(f) identification of programs for youthful and first offenders."

SECTION 105. Sections 24-26-10(B)(3) and (4) of the 1976 Code are amended to read:

"(3) the Chairman of the State Board of Corrections, or his designee who must be a member of that board or who must be the Commissioner Director of the Department of Corrections or his designee;

(4) the Chairman of the Board Director of the Department of Probation, Parole and Pardon Services, or his designee who must be a member of that board or who must be the Commissioner or Executive Director of the Department of Probation, Parole and Pardon Services."

SECTION 106. Section 25-19-20 of the 1976 Code is amended to read:

SECTION 107. Section 31-13-30 of the 1976 Code, as redesignated by Act 410 of 1992, is amended to read:

"Section 31-13-30. The Governor shall appoint, with the advice and consent of the Senate, seven persons to be commissioners of the South Carolina State Housing Finance and Development Authority. The seven persons so appointed shall must have experience in the fields of mortgage finance, banking, real estate, and home building. The Governor shall appoint a chairman from among the seven commissioners.

The commissioners must be appointed for terms of four years, except that all vacancies must be filled for the unexpired term. A commissioner shall hold office until his successor has been appointed and qualifies qualified. A certificate of the appointment or reappointment of any commissioner must be filed in the office of the Secretary of State and in the office of the authority, and the certificate is conclusive evidence of the due and proper appointment of the commissioner. The Governor or his designee and the State Commissioner of the Department of Health and Environmental Control or his designee from his administrative staff shall serve ex officio as commissioners of the authority with the same powers as the other commissioners."

SECTION 108. Section 31-17-330 of the 1976 Code is amended to read:

"Section 31-17-330. No such license shall be is required with respect to mobile homes held by dealers for resale, nor shall does this article be applicable apply to mobile homes licensed by the South Carolina Highways and Public Transportation Department of Revenue. Licenses required by this article shall be are in lieu of any a building or construction permit now required by local act or ordinance."

SECTION 109. Section 33-14-210(c) of the 1976 Code is amended to read:

"(c) If the Secretary of State is notified by the Tax Commission Department of Revenue that the corporation has failed to file a required tax return within sixty days of the notice required by Section 12-7-1675, the Secretary of State shall dissolve the corporation administratively by signing a certificate of dissolution that recites the grounds for dissolution and its effective date. The Secretary of State shall file the original of the certificate and send a copy to the corporation by registered or certified

SECTION 110. Section 33-39-250(10) of the 1976 Code is amended to read:

"(10) To cooperate with and avail itself of the facilities of the Division of State Development of the Department of Commerce Board and any similar governmental agencies, and to cooperate with and assist and otherwise encourage organizations in the various communities of the county in the promotion, assistance, and development of the business prosperity and economic welfare of such the communities or of the county; and"

SECTION 111. Section 38-3-110 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"The director commissioner or his designee have has the following duties:

(1) supervise and regulate the rates and service of every insurer in this State and fix just and reasonable standards, classifications, regulations, practices, and measurements of service to be observed and followed by every insurer doing business in this State. Nothing contained in this title authorizes or requires a review by the department or the director commissioner of any order of the director's commissioner's designee or the deputy director commissioner under the Administrative Procedures Act. This item does not grant any additional authority to the director commissioner or his designee with regard to insurance rates other than the rate-making authority specifically granted to the director commissioner or his designee, or the Department of Insurance for certain kinds of insurance in other provisions of this title;

(2) see that all laws of this State governing insurers or relating to the business of insurance are faithfully executed and make regulations to carry out this title and all other insurance laws of this State, the enforcement or administration of which is not otherwise specifically provided for. Any reference in this title to regulations promulgated by the department shall mean regulations promulgated by the commissioner;

(3) furnish to domestic insurers required by law to report to the department the necessary blank forms for the reports required, which forms may be changed as necessary to secure full information as to the standing, condition, and any other information desired by the director commissioner or his designee;

(4) report to the Attorney General or other appropriate law enforcement officials criminal violations of the laws relative to the

(5) institute civil actions, either through his office or through the Attorney General, relative to the business of insurance or the provisions of this title which he considers necessary to institute."

SECTION 112. Section 38-27-520(d) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(d) When the director commissioner or his designee takes action in any or all of the ways set out in subsection (b), the party aggrieved may appeal from the action to the Administrative Law Judge Division circuit court as provided by law."

SECTION 113. Section 38-43-106(C) of the 1976 Code, as amended by Section 661 of Act 181 of 1993 to take effect on July 1, 1995, and as last amended by Act 374 of 1994, is further amended to read:

"(C) The director Chief Insurance Commissioner or his designee shall administer these continuing education requirements and shall approve courses of instruction which qualify for these purposes. In administering this program, the department commissioner, in its his discretion, may promulgate regulations whereby agents provide to a continuing education administrator established within the Department of Insurance proof of compliance with continuing education requirements as a condition of license renewal or, in the alternative, contract with an outside service provider to provide record-keeping services as the continuing education administrator. The costs of the continuing education administrator must be paid from the continuing insurance education fees paid by agents in the manner provided by this section, except that course approval responsibilities may not be designated to the continuing education administrator. The continuing education administrator shall compile and maintain, in conjunction with insurers and agents, records reflecting the continuing insurance education status of all licensed or qualified agents subject to the requirements of this section. The continuing education administrator shall furnish to the insurer, within ninety days of the agent's renewal date, as specified by regulation, a report of the continuing insurance education status of all of its agents. All licensed agents shall provide evidence of their continuing insurance education status to the continuing education administrator at least one hundred twenty days before the annual renewal date. Any continuing insurance education approved courses taken subsequent to one hundred twenty days before the renewal date must be applied to the following biennial continuing insurance education required period. The department commissioner shall promulgate regulations prescribing the overall parameters of continuing education

(1) the Carolina's Association of Professional Insurance Agents;

(2) the Independent Insurance Agents of South Carolina;

(3) the South Carolina Association of Automobile Insurance Agents;

(4) the South Carolina Association of Life Underwriters;

(5) the Association of South Carolina Life Insurance Companies;

(6) the Direct Writers Insurance Companies;

(7) the Association of South Carolina Property and Casualty Insurance Companies; and

(8) insurers that are not members of national insurance trade associations.

The advisory committee must also be comprised of one representative from the South Carolina Association of Health Underwriters.

Advisory committee members must be appointed by the commissioner from recommendations made by the respective associations, groups, or categories to the commissioner."

SECTION 114. Section 38-73-1380 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 38-73-1380. After June 30, 1989, no member or subscriber of a rating organization may utilize a rate or premium charge for any private passenger automobile insurance coverage unless and until the final rate or premium charge has been filed with the Division department and approved by the director commissioner or his designee. After the effective date of this section, the final rate or premium charge is the pure loss component filed and approved by a rating organization on behalf of its members or subscribers added to the expense component of the rate or premium

No expense component filed by a member or subscriber of a rating organization may be approved by the director commissioner or his designee unless it has been the subject of a public hearing, if that member's or subscriber's total written private passenger automobile insurance premium during the previous calendar year equaled or exceeded one percent of the total written private passenger automobile insurance premium in this State during the previous calendar year. For other lines of insurance the requirements of this section are not activated unless the members' member's or subscribers' subscriber's total written premium during the previous calendar year equaled or exceeded three percent of the total written insurance premium for that specific line of insurance in this State during the previous calendar year."

SECTION 115. The last paragraph of Section 38-77-580 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"The director commissioner or his designee, through the department, may propose to the board any amendment to or modification of the plan that the director commissioner or his designee considers to be necessary to render the plan reasonable or consistent with the purposes of this chapter, specifying in writing the reasons for any proposed amendment or modification. In the event that If the board fails to adopt his proposed amendment or modification, the director commissioner or his designee may, after notice and public hearing addressed to the reasons for the proposed amendment or modification, may promulgate the amendment or modification considered necessary to render the plan reasonable or consistent with the purposes of this chapter."

SECTION 116. Section 38-79-270 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 38-79-270. Any applicant for insurance through the association, person insured pursuant to this article or his representative, or any insurer adversely affected or claiming to be adversely affected by any ruling, action, or decision by or on behalf of the association may appeal to the department commissioner within thirty days after notice of the ruling, action, or decision."

SECTION 117. Section 38-81-270 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 38-81-270. The director commissioner or his designee shall obtain complete statistical data in respect to legal professional liability losses and reparation costs as well as all other costs or expenses which

SECTION 118. Chapter 23, Title 39 of the 1976 Code is amended to read:

Section 39-23-10. This chapter may be cited as the South Carolina Drug Act.

Section 39-23-20. For the purposes of this chapter:

(a)(1) The `Commissioner of the Department of Health and Environmental Control' means the Commissioner of the Department of Health and Environmental Control or his designated agent.

(b)(1)(2)(a) The term `Drug' means:

(A) (i) articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any a supplement to any of them; and

(B) (ii) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and

(C) (iii) articles, (other than food), intended to affect the structure or any function of the body of man or other animals; and

(D) (iv) articles intended for use as a component of any articles an article specified in clause (A) subsubitem (i), (B) ii, or (C); but (iii).

(b) `Drug' does not include devices or their components, parts, or accessories.

(2)(c) The term `Counterfeit drug' means a drug which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or device, or any likeness thereof of it, of a drug manufacturer, processor, packer, or distributor other than the person or persons who in fact manufactured, processed, packed, or distributed such the drug and which thereby falsely purports or

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