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(3) In the case of an amusement device which is substantially rebuilt or substantially modified so as to change the structure, mechanism, or capacity of the device, the owner or lessee shall give written notice to the commissioner director who shall cause the device to be inspected prior before to the time in which it is put into operation and who shall cause any current permit to be updated so as to include any modifications made to the device.

(4) In the event If an operator is unable to secure an inspection within one year from the date of the previous inspection, the previous inspection is considered valid for purposes of this chapter for a period of thirty additional days, if the operator made an inspection request to any of those individuals qualified to make the inspection at least sixty days prior to before the permit expiration date.

(5) Upon proper presentation of credentials, the commissioner director or his inspectors may enter unannounced and inspect amusement devices, at reasonable times and in a reasonable manner and have the right to question any owner, manager, or agent of the owner, to inspect, investigate, photograph, and sample all pertinent places, areas, and devices, and to examine and reproduce all pertinent documents and records for the purpose of enforcing the provisions of this chapter. No fee may be charged for these unannounced inspections.

(6) No amusement device which fails to pass an inspection may be operated for public use until it has passed a subsequent inspection.

(7) Each sponsor of a fair or carnival and the owner of the land or their designees, upon which the fair or carnival is located, shall make a visual inspection of each amusement device at least once each week during the period the fair or carnival is operating. The commissioner director shall provide a checklist for this inspection. If an unsafe amusement device or condition is discovered, it must be reported immediately reported to the commissioner director.

(a)(1) at least five years' experience in amusement device maintenance and safety, and completion of approved courses in materials inspection and testing and in fasteners, or in the alternative,;
(2) a four-year college degree in engineering or architecture with a minimum of twelve semester hours of course work in the area of mechanics and strength of materials.

(b) Evidence of successful completion of an approved Rides Safety Inspection Course within the previous two calendar years."

SECTION 174. Section 41-18-100 of the 1976 Code, as last amended by Act 144 of 1993, is further amended to read:

"Section 41-18-100. 1. The owner or amusement ride operator may deny any person entrance to the amusement ride based on the person's size, weight, or physical condition if the owner or amusement ride operator believes the entry may jeopardize the safety of the person desiring entry, riders, or other persons. Denial may must not be based on color, race, sex, religion, or national origin.

2. The owner or lessee of any amusement device which, during the course of its operation, is involved in an accident which results in a serious injury shall report the injury to the owner's or lessee's insurer.

3. The owner or lessee of any amusement device which, during the course of its operation, is involved in an accident which results in a serious injury shall report the injury to the commissioner director immediately and in no case later than the close of business of the commissioner's director's next business day. Any owner or lessee who becomes aware at a later date that a serious injury had occurred shall report it immediately and in no case later than the end of the next business day.

4. When a catastrophic accident occurs involving the operation of an amusement device, the owner or lessee shall immediately shall shut down the device from further use. The device may not resume operation until the safety coordinator determines that the catastrophic accident was not caused by a mechanical or structural defect in the amusement device.

5. If the safety coordinator determines that a catastrophic accident was caused by a mechanical failure or structural defect, the device must remain shut down until repairs are completed and the device is considered operational by a licensed architect, professional engineer, qualified inspector of an insurance underwriter, or other qualified inspector, each of whom must be approved by the commissioner director. An affidavit of the inspection and correction of defect must be filed with the commissioner director."

"Section 41-18-110. Upon request, the commissioner director shall furnish to all owners, lessees, and operators of amusement devices notice of all rights and obligations under the provisions of this chapter upon receipt of permit applications."

SECTION 176. Section 41-18-120 of the 1976 Code is amended to read:

"Section 41-18-120. The commissioner director may promulgate regulations consistent with this chapter guarding against personal injuries in the assembly, disassembly, and use of amusement devices at carnivals, fairs, and amusement parks to persons employed at or to persons attending the carnivals, fairs, and amusement parks and regarding enforcement of any other provision of this chapter. The commissioner director shall promulgate regulations to charge and collect reasonable fees for permits and for inspections and any other activity under the provisions of this chapter as considered necessary by the commissioner director for the proper enforcement of the provisions of this chapter. Fees may be set by regulation not more than once each year."

SECTION 177. Section 41-18-130 of the 1976 Code is amended to read:

"Section 41-18-130. The commissioner director is charged with the affirmative duty of administering and enforcing the provisions of this chapter."

SECTION 178. Section 41-18-150 of the 1976 Code, as last amended by Act 144 of 1993, is further amended to read:

"Section 41-18-150. 1. Any person who knowingly and wilfully operates an amusement device without:

(a) the permit required by Sections 41-18-50 and 41-18-60; or

(b) the inspections required by Sections 41-18-70 and 41-18-80; or

(c) the insurance required by Section 41-18-90; or

(d) complying with any other provision of this chapter or regulation promulgated hereunder;
is subject to a civil penalty not to exceed two thousand dollars per device for each day such noncompliance under any of these items (a), (b), (c), or (d) of this subsection 1 continues.

2. Any person who operates an amusement device without:

(a) the permit required by Sections 41-18-50 and 41-18-60; or

(b) the inspections required by Sections 41-18-70 and 41-18-80; or

(c) the insurance required by Section 41-18-90; or

3. The commissioner director may assess the penalties under this section and, in assessing penalties under subsection 1 of this section, shall give due consideration to the appropriateness of the penalty with respect to the size of the owner's or lessee's business, the good faith of the owner or lessee, and his history of previous violation.

4. Revenue derived under this chapter must be remitted to the State Treasurer and deposited by him in the general fund."

SECTION 179. Section 41-21-20 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 41-21-20. There is hereby created within the South Carolina Department Division of Labor, the Division Subdivision of Apprenticeship to administer the South Carolina Voluntary Apprenticeship Act. The Division Subdivision shall must be governed by an Apprenticeship Council composed of three employers and three employees appointed by the Governor upon the advice and consent of the Senate and, in addition, the Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee, who shall serve ex officio. The Commissioner of Labor director shall serve as chairman of the council. The Director of the State Commission for Technical Education and the State Director of Vocational Education shall serve as ex officio nonvoting members of the Council. The terms of office of the members of the Apprenticeship Council first appointed by the Governor shall expire as designated by the Governor at the time of making the appointment; one representative each of employers and employees shall must be appointed for one year; one representative each of employers and employees shall must be appointed for two years; and one representative each of employers and employees shall must be appointed for three years. Thereafter After that time, each member shall must be appointed for a term of three years and until his successor is appointed and qualifies. Vacancies shall must be filed for the unexpired term in the manner of original appointment. Each member of the council, not otherwise compensated by public funds, shall receive per diem, subsistence, and mileage as provided by law for state boards, committees, and commissions for his services when attending to official duties or assignments when funds provided by federal grants are available for this purpose."

"Section 41-21-30. The Apprenticeship Council shall meet at the call of the Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee and shall formulate policies for the effective administration of this chapter. The Apprenticeship Council shall establish standards for apprentice agreements, shall issue such rules and regulations as may be necessary to carry out the intent and purpose of this chapter, and shall perform such other functions as the Commissioner director may direct."

SECTION 181. Section 41-21-40 of the 1976 Code is amended to read:

"Section 41-21-40. The Commissioner of Labor director, with the advice and guidance of the Apprenticeship Council, is authorized to:

(1) administer the provisions of this chapter;

(2) in cooperation with the Apprenticeship Council and local apprenticeship committees, to set up conditions and training standards for apprentice agreements, which conditions or standards shall must be in no case lower than those prescribed by this chapter;. The State Apprenticeship Council shall approve any apprentice agreement which meets the standards established under this chapter;

(3) to terminate or cancel any apprentice agreement in accordance with the provisions of such the agreement;

(4) to keep a record of apprentice agreements and their disposition;

(5) to issue certificates of completion of apprenticeship; and

(6) to perform such other duties as are necessary to carry out the intent of this chapter, including other on-job training necessary for emergency and critical civilian production; provided, that. However, the administration and supervision of related and supplemental instruction for apprentices, coordination of instruction with job experiences, and the selection and training of teachers and coordinators for such instruction shall be are the responsibility of the appropriate educational agencies."

SECTION 182. Section 41-21-70 of the 1976 Code is amended to read:

"Section 41-21-70. Every apprentice agreement entered into under this chapter shall must contain:

(1) the names of the contracting parties;

(2) the date of birth of the apprentice;

(3) a statement of the trade, craft, or business which the apprentice is to be taught, and the time at which the apprenticeship will begin and end;

(5) a statement setting forth a schedule of the processes in the trade or industry division in which the apprentice is to be taught and the approximate time to be spent at each process;

(6) a statement of the graduated scale of wages to be paid the apprentice and whether the required school time shall must be compensated; provided,. However, the apprentice shall receive compensation which shall must not be less than the minimum wage prescribed by the Federal Fair Labor Standards Act;

(7) a statement providing for a period of probation of not more than five hundred hours of employment and instruction extending over not more than four months, during which time the apprentice agreement shall must be terminated by the Commissioner director at the request in writing of either party, and providing that after such the probationary period the apprenticeship agreement may be terminated by mutual agreement of all parties thereto, to it or canceled for good and sufficient reason. The council, at the request of an apprentice committee, may lengthen the period of probation;

(8) a provision that all controversies or differences concerning the apprentice agreement which cannot be adjusted locally shall must be submitted to the council for determination;

(9) a provision that an employer who is unable to fill his obligation under the apprentice agreement may, with the approval of the Commissioner director, may transfer such the contract to any other employer; provided, that. However, the apprentice consents shall consent and that such the other employer agrees shall agree to assume the obligations of the apprentice agreement;

(10) Such the additional terms and conditions as may be prescribed or approved by the Commissioner director, not inconsistent with the provisions of this chapter."

SECTION 183. Section 41-21-80 of the 1976 Code is amended to read:

"Section 41-21-80. No apprentice agreement under this chapter shall be is effective until approved by the Commissioner director. Every

SECTION 184. Section 41-21-90 of the 1976 Code is amended to read:

"Section 41-21-90. For the purpose of providing greater diversity of training or continuity of employment, any apprentice agreement made under this chapter may, in the discretion of the Apprenticeship Council, be signed by an association of employers or organization of employees instead of by an individual employer. In such case, the apprentice agreement shall expressly provide that the association of employers or organization of employees does not assume the obligation of an employer but agrees to use its best endeavors to procure employment and training for such apprentice with one or more employers who will accept full responsibility, as herein provided, for all the terms and conditions of employment and training set forth in the agreement between the apprentice and employer association or employee organization during the period of each such employment. The apprentice agreement in such a case shall also expressly provide for the transfer of the apprentice, subject to the approval of the Commissioner director, to such employer who shall sign a written agreement with the apprentice and, if the apprentice is a minor, with his parent or guardian, contracting to employ the apprentice for the whole or a definite part of the total period of apprenticeship under the terms and conditions of employment and training set forth in the agreement entered into between the apprentice and employer association or employee organization."

SECTION 185. Section 41-21-100 of the 1976 Code is amended to read:

"Section 41-21-100. Nothing in this chapter or in any apprentice agreement approved under this chapter shall operate to invalidate invalidates any apprenticeship provision in any collective agreement between employers and employees, setting up higher apprenticeship standards; provided, that. However, none of the terms or provisions of this chapter shall apply to any person or craft unless, until and only so long as such the person or craft voluntarily elects that the terms and

SECTION 186. Section 41-25-110 of the 1976 Code is amended to read:

"Section 41-25-110. The provisions of this chapter may be enforced by any state agency having jurisdiction and authority to enforce this chapter, including, but not limited to:

(a) Secretary of State;

(b) Department Division of Labor of the Department of Labor, Licensing, and Regulation;

(c) Attorney General;

(d) Department of Consumer Affairs;

(e) South Carolina State Law Enforcement Division;

(f) Circuit solicitors;

(g) Local law enforcement agencies;

(h) Any person who has been damaged by or has knowledge of any violation of the provisions of this chapter."

SECTION 187. The first paragraph of Section 41-43-40 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"The Governor shall appoint, upon the advice and consent of the Senate, one director from each congressional district and one from the State at large, who serves as chairman. Directors must have experience in the fields of business, commerce, finance, banking, real estate, or foreign trade. At least two directors must have direct commercial lending experience. The Governor and the Chairman Secretary of the State Development Board Commerce shall serve ex officio and may designate persons to represent them at meetings of the authority."

SECTION 188. The last paragraph of Section 41-43-190(A) of the 1976 Code is amended to read:

"In developing and implementing the programs described in this section, the authority may consider the advice and counsel of the Governor's Export Advisory Committee, created by executive order as an adjunct to the Division of State Development of the Department of Commerce Board or any a successor thereto to it, and allocate available resources in a

SECTION 189. Section 41-44-90 of the 1976 Code, as last amended by Act 505 of 1990, is further amended to read:

"Section 41-44-90. To receive the credit provided by this chapter, a taxpayer shall:

(1) claim the credit on the taxpayer's annual state income or premium tax return in the manner prescribed by the appropriate commission department; and

(2) file with the appropriate commission department and with the taxpayer's annual state income or premium tax return a copy of the form issued by the corporation as to the qualified investment by the taxpayer, which includes an undertaking by the taxpayer to report to the appropriate commission department any redemption of the qualified investment within the meaning of Section 41-44-80."

SECTION 190. Section 42-5-60 of the 1976 Code is amended to read:

"Section 42-5-60. Every policy for the insurance of the compensation provided in this title or against liability therefor shall be deemed to be made is subject to provisions of this title. No corporation, association, or organization shall may enter into any such a policy of insurance unless its form shall have has been approved by the Chief Insurance Commissioner of South Carolina the Department of Insurance or his designee."

SECTION 191. Section 43-1-115 of the 1976 Code, as added by Act 101 of 1993, is amended to read:

"Section 43-1-115. The State Department shall conduct, at least once every two years, a detailed performance audit, which must include, but is not limited to, the child protective services and foster care programs of every local county office. The department shall use a sample size that will ensure the results of the audit to be within a ninety percent confidence level. The department shall prepare a full and detailed report of its findings and include any proposals to rectify any deficiencies noted. The State Department shall submit, within ninety calendar days of the completion of the county performance audit review, a copy of its final report to the Governor, Lieutenant Governor, members of the respective county legislative delegations, the Joint Legislative Committee on Children and Families, and the County Advisory Board of Social Services. The final and all draft audit reports are public information and upon request must be provided to any a member of the public within the time period set forth by the Freedom of Information Act. As public information, the State Department also shall also submit two copies of the final report to the Department to conduct the required biennial performance audits of any a

"Section 43-5-150. In the event an application is denied or the amounta public library within the county reviewed. The failure of the State department not more than sixty days after notice of its action shall have beenof 1993, is further amended to read:

SECTION 192. Section 43-5-150 of the 1976 Code, as last amended by Act 181director's removal, and subjects the commissioner directorcounty office is considered nonfeasance in office by the State Commission to the penalties for nonfeasance."director of the department, is cause for the commissioner's inadequate or unjust by the applicant or recipient, the applicant or recipient or anyone acting in his behalf may demand a review of his case before the department by filing his written request for such review with the countyor terms of a grant or of any withdrawal or modification thereof be deemed received. The county department shall, within ten days, certify its records and

"Section 43-7-420. (A) Every The applicant or recipient, a third party or private insurer to the Stateonly to the extent of the amount of the medical assistance paid by Medicaid, shall be is deemed considered to have assigned his rights to recover such amounts so paid by Medicaid from anyServices."

SECTION 194. Section 43-7-420 of the 1976 Code is amended to read:

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Health and Human Services Finance Commission department. This assignment shall does not include rights to Medicare benefits. The applicant or recipient shall cooperate fully with the State Health and Human Services Finance Commission department in its efforts to enforce its assignment rights.

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