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

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(2) the lapse or termination occurs after three months for a resident who fails one or more of the objective standards prescribed in Section 38-73-455.

The Department of Revenue and Taxation Public Safety, in its discretion, may authorize insurers to utilize alternative methods of providing notice of cancellation of or refusal to renew to the department Department of Public Safety. The Department of Revenue may not reissue registration certificates and license plates for that vehicle until satisfactory evidence has been filed by the owner or by the insurer who gave the cancellation or refusal to renew notice to the department Department of Public Safety that the vehicle is insured. Upon receiving information to the effect that a policy is canceled or otherwise terminated on a motor vehicle registered in South Carolina, the department Department of Public Safety shall suspend the license plates and registration certificate and shall initiate action as required within fifteen days of the notice of cancellation to pick up the license plates and registration certificate. A person who has had his license plates and registration certificate suspended by the department Department of Public Safety, but who at the time of suspension possesses liability insurance coverage sufficient to meet the financial responsibility requirements as set forth in this chapter, has the right to appeal the suspension immediately to the Director Chief Insurance Commissioner of the Department of Insurance. If the Director Chief Insurance Commissioner of the Department of Insurance determines that the person has sufficient liability insurance coverage, he shall notify the Department of Revenue and Taxation Department of Public Safety, and the suspension is voided immediately. The Department of Revenue and Taxation Department of Public Safety shall give notice by first class mail of the cancellation or suspension of registration privileges to the vehicle owner at his last known address. However, when license plates are surrendered pursuant to this section, they must be forwarded to the Department of Revenue and Taxation office in the county where the person who surrenders the plates resides.

If the vehicle owner unlawfully refuses to surrender the suspended items as required in this article, the department Department of Public Safety through its designated agents or by request to a county or municipal law enforcement agency may take possession of the suspended license plates and registration certificate and may not reissue the registration until proper proof of liability insurance coverage is provided and until the owner has paid a reinstatement fee of two hundred dollars for the first refusal under this section, and three hundred dollars for each subsequent refusal. A


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person who voluntarily surrenders his license plates and registration certificate before their suspension shall only must be charged only a reinstatement fee of five dollars.

A person wilfully failing to return his motor vehicle license plates and registration certificates as required in this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(1) for a first offense, fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days;

(2) for a second offense, fined two hundred dollars or imprisoned for thirty days, or both;

(3) for a third and subsequent offense, imprisoned for not less than forty-five days nor more than six months.

Only convictions which occurred within ten years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section."

SECTION 265B. Section 56-10-290 of the 1976 Code is amended by adding a sentence at the end to read:

"In accordance with the provisions of Section 38-73-470, a `Law Enforcement Enhancement Account' is established in the Office of the State Treasurer for the purposes of paying for such expenses as may be associated with the cost of enforcing this chapter."

SECTION 266. Section 57-3-610 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 57-3-610. Whenever a road, bridge, or other highway facility is dedicated and named in honor of an individual by act or resolution of the General Assembly, the Department of Transportation must be reimbursed all expenses incurred by the department to implement the dedication.

Reimbursement for expenses incurred by the department must first be approved by a majority of each county legislative delegation the county transportation committee of the county in which the road, bridge, or facility is located. Reimbursement must be from the State Secondary "C" Apportionment Fund of the county or counties in which the road, bridge, or facility is located, and expenses under this section are limited to five hundred dollars. If the road, bridge, or facility is dedicated on an interstate highway, the allocation is limited to actual expenses.

Reimbursement for expenses incurred by the department to name and dedicate a highway facility pursuant to a request from other than the General Assembly must be by agreement between the requesting entity and the department."


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SECTION 267. Section 57-5-1340 of the 1976 Code is amended to read:

"Section 57-5-1340. In addition to the powers listed above, the Department of Highways and Public Transportation may:

(1) request the issuance of turnpike bonds for the purpose of paying all or any part of the cost of any one or more turnpike projects;

(2) fix, and revise, from time to time and charge, and collect tolls for transit over each turnpike facility constructed by it;

(3) combine, for the purposes of financing the facilities, any two or more turnpike facilities;

(4) control access to turnpike facilities;

(5) expend, to the extent permitted by a bond resolution, expend turnpike facility or facilities revenues in advertising the facilities and services of the turnpike facility or facilities to the traveling public;

(6) receive and accept from any federal agency grants for or in the aid of the construction of any turnpike facility;

(7) establish a separate division to administer turnpike facilities and a separate turnpike facility account;

(8) do all acts and things necessary or convenient to carry out the powers expressly granted in this article."

SECTION 268. Section 57-25-150(H) of the 1976 Code, as last amended by Act 431 of 1994, is further amended to read:

"(H) National Historic Landmark Section 501(C)(3) properties located along South Carolina highways and properties listed on the National Register of Historic Places by the Department of the Interior which are located along South Carolina highways are allowed to erect small directional signs no more frequently than one a mile within six miles of such properties."

The signs shall must state the name of the historic property and mileage and comprise no more than twenty letters measuring no more than fifteen inches by thirty-six inches and painted using a single color or a neutral background.

The South Carolina Department of Highways and Public Transportation shall issue a permit sticker for each sign for an annual fee of fifteen dollars a sign. The department is also is authorized to issue regulations as are necessary to implement the permit process and the conditions and restrictions for the proper placement, height, and design as necessary to for the efficient administration of this subsection. The department has no responsibility for erecting these permitted signs."

SECTION 269. Section 57-25-470 of the 1976 Code is amended to read:


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"Section 57-25-470. (A) The Department of Highways and Public Transportation may acquire by purchase, gift, or condemnation, and shall pay just compensation upon the removal of the following outdoor advertising signs, displays, and devices:

(1) those lawfully in existence on October 22, 1965;

(2) those lawfully erected on or after May 6, 1969.

(B) Compensation may be paid only for the following:

(1) the taking from the owner of a sign, display, or device of all right, title, leasehold, and interest in the sign, display, or device; and

(2) the taking from the owner of the real property on which the sign, display, or device is located, of the right to erect and maintain signs, displays, and devices."

SECTION 270. Section 57-25-680 of the 1976 Code is amended to read:

"Section 57-25-680. (A) The Department of Highways and Public Transportation may acquire by purchase, gift, or condemnation, and shall pay just compensation upon the removal of the following outdoor advertising signs, displays, and devices:

(1) those lawfully in existence on October 22, 1965;

(2) those lawfully erected on or after June 11, 1969.

(B) Compensation may be paid only for the following:

(1) the taking from the owner of the sign, display, or device of all right, title, leasehold, and interest in the sign, display, or device; and

(2) the taking from the owner of the real property on which the sign, display, or device is located, of the right to erect and maintain signs, displays, and devices."

SECTION 271. Section 57-27-70 of the 1976 Code is amended to read:

"Section 57-27-70. When the Department of Highways and Public Transportation determines that the topography of the land adjoining the highway does not permit adequate screening of a junkyard or the screening of the junkyard would not be economically feasible, the department may acquire by gift, purchase, exchange, or condemnation, such the interests in lands necessary to secure the relocation, removal, or disposal of the junkyards, and to pay for the costs of relocation, removal, or disposal. When the department determines that it is in the best interest of the State, it may acquire lands, or interests in lands, necessary to provide adequate screening of junkyards. The department may exercise the power of eminent domain whenever it is necessary, in the judgment of the department, to acquire lands, or interests therein in the land, by condemnation."


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SECTION 272. Article 3, Chapter 3, Title 58 of the 1976 Code is amended to read:
"Article 3

Law Enforcement Department Departments

Section 58-3-310. The law enforcement department of the Public Service Commission shall consist of such officers, inspectors, and agents as the commission may deem necessary and proper for the enforcement of the Motor Vehicle Carrier Law and other related laws, the enforcement of which is devolved upon the department. The title of such officers, inspectors and agents shall be `Transportation Division Inspectors'. The inspectors shall be commissioned by the Governor upon the recommendation of the commission. The commission may remove an inspector if it finds that he is unfit for the position. The Department of Public Safety must appoint officers and inspectors as necessary and proper for the enforcement of the Motor Vehicle Carrier Safety Law and other related laws, the enforcement of which is devolved upon the Department of Public Safety, State Police Division.

Section 58-3-320. Each inspector of the law enforcement department of the Public Service Commission shall execute a bond with a licensed surety company in the amount of not less than ten thousand dollars. The bond shall be filed with the commission and shall be conditioned for the faithful performance of his duties, for the prompt and proper accounting of funds coming into his hands, and for the payment of any judgment rendered against him in any court of competent jurisdiction upon a cause of action arising out of breach or abuse of official duty or power and damages sustained by any member of the public from any unlawful act of the inspector. The coverage under the bond shall not include damage to persons or property arising out of the negligent operation of a motor vehicle. The bond may be individual, schedule or blanket, and shall be approved by the Attorney General. The premiums on the bonds shall be paid by the commission from appropriated funds. This provision shall not apply to the officers and inspectors of the Department of Public Safety, State Police Division.

Section 58-3-330. Before entering upon the duties of his office, each inspector of the law enforcement department of the Public Service Commission shall take and subscribe before a notary public, or other officer authorized to administer an oath, an oath to faithfully perform the duties of his office and to properly execute the laws of this State. This provision shall not apply to the officers and inspectors of the Department of Public Safety, State Police Division.


Printed Page 3825 . . . . . Thursday, June 1, 1995

Section 58-3-340. The inspectors of the law enforcement department of the Public Service Commission shall possess and exercise all of the powers and authority held by constables at common law. This provision shall not apply to the officers and inspectors of the Department of Public Safety, State Police Division.

Section 58-3-350. When acting in their official capacity, inspectors of the law enforcement department of the Public Service Commission shall have statewide authority for the enforcement of all motor vehicle carrier laws and related laws. This provision shall not apply to the officers and inspectors of the Department of Public Safety, State Police Division.

Section 58-3-360. Inspectors of the law enforcement department of the Public Service Commission shall enforce the Motor Vehicle Carrier Law, and related laws, and officers and troopers of the Department of Public Safety, State Police Division shall enforce the Motor Vehicle Carrier Safety Law and related laws, and all inspectors, officers, and troopers of both departments shall insure ensure that all persons violating any provision of these laws are properly prosecuted.

Section 58-3-370. (A) When any a person is apprehended by an inspector of the law enforcement department of the Public Service Commission upon a charge of violating the Motor Vehicle Carrier Law or related laws, the following procedure shall be followed:

(1) The person being charged shall be served by the arresting inspector with an official summons and arrest report. The report shall give the appropriate judicial officer jurisdiction to dispose of the case.

(2) The person being charged may deposit with the arresting inspector a sum of money not to exceed one hundred dollars as bail in lieu of being immediately brought before the magistrate or other judicial officer; provided, that an official summons and arrest report may be issued without requiring any sum of money as bail.

(3) The official summons and arrest report shall indicate the amount of bail deposited with the inspector and shall serve as a receipt for the sum.

(4) The arresting inspector shall transmit any sum of money received from the person charged to the appropriate magistrate or other judicial officer.

(5) Upon receipt of the sum of money, if any is required, as bail, the arresting inspector may release the person charged so that he may appear before the proper judicial officer at a time and place stated in, and required by, the official summons and arrest report.

(B) When a person is apprehended by an inspector or an officer of the Department of Public Safety, State Police Division on a charge of


Printed Page 3826 . . . . . Thursday, June 1, 1995

violating the Motor Vehicle Carrier Safety Law or related laws, the procedure provided in Section 23-6-150 must be followed.
"

SECTION 273. Section 59-36-20 of the 1976 Code, as added by Act 86 of 1993, is amended to read:

"Section 59-36-20. The State Board of Education and the State Department of Education are responsible for establishing a comprehensive system of special education and related services and for ensuring that the requirements of the Federal Individuals with Disabilities Education Act are carried out. Other state agencies which provide services for children with disabilities are directed to cooperate in the establishment and support of the system. Agencies with responsibilities under this chapter include: the Department of Mental Retardation Disabilities and Special Needs, the School for the Deaf and the Blind, the Commission for the Blind, the Department of Health and Environmental Control, the Department of Mental Health, the State Department of Social Services, Continuum of Care Division in the Office of the Governor, and the State Department of Education.

All public education programs for children with disabilities within the State, including all programs administered by any other state or local agency, are under the general supervision of the persons responsible for education programs for children with disabilities in the State Department of Education and must meet the standards of the State Board of Education.

No provision of this section or of this chapter may be construed to limit the responsibilities of agencies other than the Department of Education from providing or paying for some or all of the cost of services to be provided the state's children with disabilities and the level of service must, at a minimum, must be similar to that provided individuals with similar needs. If agencies are unable to agree on responsibilities for a particular child, the issue must be decided by the Children's Case Resolution System, Section 20-7-5210, et seq."

SECTION 274. The next to the last paragraph of Section 59-53-20 of the 1976 Code is amended to read:

"The State Board for Technical and Comprehensive Education shall have the responsibility for developing and maintaining short and long-range plans for providing up-to-date and appropriate occupational and technical training for adults and shall coordinate its planning activities with the Economic Development Coordinating Council for Economic Development of the Department of Commerce, the State Council on Vocational-Technical Education, the Commission on Higher Education, the State Department of Education, the Employment Security Commission, and other state agencies, institutions, and departments."


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SECTION 275. Section 59-63-31(1)(b) of the 1976 Code, as added by Act 163 of 1991, is amended to read:

"(b) a foster parent or in a residential community-based care facility licensed by the Department of Social Services or operated by the Department of Social Services or the Department of Youth Services Juvenile Justice; or"

SECTION 276. Section 59-65-30(f) of the 1976 Code, as last amended by Act 165 of 1993, is further amended to read:

"(f) A child who has reached the age of sixteen years and whose further attendance in school, vocational school, or available special classes is determined by a court of competent jurisdiction to be disruptive to the educational program of the school, unproductive of further learning, or not in the best interest of the child, and who is authorized by the court to enter into suitable gainful employment under the supervision of the court until age seventeen is attained. However, prior to before being exempted from the provisions of this article, the court first may first require that the child concerned be examined physically and tested mentally to assist the court to determine whether or not gainful employment would be more suitable for the child than continued attendance in school. The examination and testing must be conducted by the Department of Youth Services Juvenile Justice or by any a local agency which the court determines to be appropriate. The court shall revoke the exemption provided in this item upon a finding that the child fails to continue in his employment until reaching the age of seventeen years."

SECTION 277. The first paragraph of Section 59-67-535 of the 1976 Code is amended to read:

"Boats operated by the State Department of Education for transportation of school children from islands to mainland schools also may also be used to transport, on a space available basis only, any a South Carolina resident who is over fifty-five years of age or disabled or legally blind as defined in Section 43-25-20 of the 1976 Code. A person requesting boat transportation shall present his medicare card or other card approved by the South Carolina Commission Division on Aging of the Office of the Governor to the employee of the State Department of Education who is in charge of the particular boat, and a person who is disabled or legally blind shall present to such the person in charge of the boat a certificate to that effect from a licensed doctor of medicine or an official of an agency authorized by law to make determinations of disability or blindness."

SECTION 278. Section 59-111-20 of the 1976 Code, as last amended by Act 151 of 1993, is further amended to read:


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"Section 59-111-20. (A) A child of a wartime veteran, upon application to and approval by the South Carolina Department of Veterans Office of the Governor, Division of Veterans' Affairs, may be admitted to any state-supported college, university, or post high school technical education institution free of tuition so long as his work and conduct is satisfactory to the governing body of the institution, if the veteran was a resident of this State at the time of entry into service and during service or has been a resident of this State for at least one year and still resides in this State or, if the veteran is deceased, resided in this State for one year before his death, and provided if the veteran served honorably in a branch of the military service of the United States during a war period, as those periods are defined by Section 101 of Title 38 of the United States Code and:

(1) was killed in action;

(2) died from other causes while in the service;

(3) died of disease or disability resulting from service;

(4) was a prisoner of war as defined by Congress or Presidential proclamation during such the war period;

(5) is permanently and totally disabled, as determined by the Veterans Administration from any cause;

(6) has been awarded the Congressional Medal of Honor;

(7) is missing in action; or

(8) the applicant is the child of a deceased veteran who qualified under items (4) and (5).

(B) The provisions of this section apply to a child of a veteran who meets the residency requirements of Chapter 112 of this title, is twenty-six years of age or younger, and is pursuing any type of undergraduate degree."

SECTION 279. Section 61-1-120 of the 1976 Code, as added by Act 112 of 1993, is amended to read:

"Section 61-1-120. A person desiring a license or permit under this title shall file with the commission department an application in writing on forms provided by the commission department containing a statement under oath setting forth:

(1) the name, address, date of birth, race, and nationality of the person applying for the license or permit;

(2) the exact location where the business is proposed to be operated;

(3) a description of the type of business to be operated;

(4) whether the applicant or an owner of the business has been involved in the sale of alcoholic liquors, beer, or wine in this or another state and whether he has had a license or permit suspended or revoked;


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(5) other information required by the commission department to determine if the application meets all statutory requirements for the license or permit and to determine the true owners of the business seeking the license or permit."

SECTION 280. Section 61-1-125(C)of the 1976 Code, as added by Act 112 of 1993, is amended to read:

"(C) No license or permit may be issued by the commission department to a person under twenty-one years of age."

SECTION 281. Section 61-5-320 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 61-5-320. Prior to Before the use of the revenue described in Section 61-5-310, the governing body of each county shall:

(a) designate a single existing county agency or organization, either public or private, as the sole agency in the county for alcohol and drug abuse planning for programs funded by revenues allocated pursuant to Article 1 of this chapter or create a new agency for that purpose;

(b) develop a county plan in accordance with the state plan for alcohol abuse and alcoholism and the state plan for drug abuse required by Public Laws 91-616 and 92-255 for the prevention and control of alcohol and drug abuse and obtain written approval of such the plan by the South Carolina Commission on Alcoholism and the Commissioner of Narcotics and Controlled Substances Department of Alcohol and Other Drug Abuse Services. Such The written approval shall must be granted by the South Carolina Commission on Alcoholism and by the Commissioner of Narcotics and Controlled Substances Department of Alcohol and Other Drug Abuse Services if reasonable. In the event If approval is denied, an appeal may be taken to the Governor shall lie. Such The appeal shall must state fully state the reasons why it is made. Should If the Governor deem considers nonapproval of the plan by the South Carolina Commission on Alcoholism and the Commissioner of Narcotics and Controlled Substances Department of Alcohol and Other Drug Abuse Services to be unreasonable, he shall communicate his reasons to the Commission on Alcoholism and the Commissioner of Narcotics and Controlled Substances Department of Alcohol and Other Drug Abuse Services and require them it to reexamine such the plan in light of his objections. Following such the reexamination, no further appeal shall lie may be taken."

SECTION 282. Section 61-5-360 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 61-5-360. Each county governing body shall:


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