Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995
Page Finder Index
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Printed Page 4050, May 25
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Printed Page 4060 . . . . . Thursday, May 25,
1995
KK. Section 24-21-910 of the 1976 Code is amended to read:
"Section 24-21-910. The Probation, Parole, and Pardon
Services Board of Pardons shall consider all petitions for reprieves
or the commutation of a sentence of death to life imprisonment which may be
referred to it by the Governor and shall make its recommendations to the
Governor regarding such the petitions. The Governor may or may
not adopt such the recommendations but in case he does not he
shall submit his reasons for not doing so to the General Assembly. The Governor
may act on any such petition without reference to the board."
LL. Section 24-21-950 of the 1976 Code is amended to read:
"Section 24-21-950. (A) The following guidelines shall
must be utilized by the board when determining when an individual is
eligible for pardon consideration.
A.(1) Probationers shall must be considered
upon the request of the individual anytime after discharge from supervision.
B.(2) Persons discharged from a sentence without benefit of
parole shall must be considered upon the request of the individual
anytime after the date of discharge.
C.(3) Parolees shall must be considered for a
pardon upon the request of the individual anytime after the successful
completion of five years under supervision. Parolees successfully completing the
maximum parole period, if less than five years, shall must be
considered for pardon upon the request of the individual anytime after the date
of discharge.
D.(4) An inmate shall must be considered for
pardon prior to before a parole eligibility date only when he can
produce evidence comprising the most extraordinary circumstances.
Printed Page 4061 . . . . . Thursday, May 25,
1995
E.(5) The victim of a crime or any a member of a
convicted person's family living within this State may petition for a pardon for
any a person who is no longer an inmate or a probationer
has completed supervision or has been discharged from a sentence.
(B) Persons discharged from a sentence without benefit of supervision
must be considered upon the request of the individual anytime after the
date of discharge."
MM. Section 24-23-20 of the 1976 Code is amended to read:
"Section 24-23-20. The case classification plan shall must
provide for case classification system consisting of the following:
(a)(1) supervisory control requirements which include, but are
not limited to, restrictions on the probationer/parolee's movement in the
community, living arrangements, social associations, and reporting
requirements;
(b)(2) rehabilitation needs of probationer/parolee including,
but not limited to, employment, education, training, alcohol and drug treatment,
counseling and guidance with regard to alcohol and drug abuse, psychological or
emotional problems, or handicaps;
(c)(3) categorization of the offender as to the extent and type
of staff time needed, possible assignment to specialized caseload or treatment
programs, and specifics as to the degree of perceived risk posed by the
probationer/parolee;
(d)(4) identification of strategies and resources to meet the
identified needs, and specific objectives for the probationer/parolee to strive
to meet such as obtaining employment, participating in a counseling program, and
securing better living arrangements;
(e)(5) periodic and systematic review of cases to assess the
adequacy of supervisory controls, participation in rehabilitation programs, and
need for recategorization based upon the behavior and progress of the
probationer/parolee; and
(f)(6) regular statewide monitoring and evaluation of the case
classification by appropriate supervisory, classification, and program
development/ and evaluation staff in the central administrative
office."
NN. 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)(1) an intensive supervision program for probationers and
parolees supervised prisoners who require more than average
supervision;
(b)(2) a supervised inmate furlough or community
supervision program whereby inmates under the jurisdiction of the Department
of Corrections
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1995
can be administratively transferred to the supervision of state probation
and parole agents for the purposes of prerelease preparation, securing
employment and living arrangements, or obtaining rehabilitation services;
(c)(3) a contract rehabilitation services program whereby
private and public agencies, such as the Department of Vocational Rehabilitation
and the Department of 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 jurisdiction;
(d)(4) community-based residential programs whereby public and
private agencies as well as the board establish and operate halfway houses for
those offenders who cannot perform satisfactorily on probation or parole
community supervision;
(e)(5) expanded use of presentence investigations and their
role and potential for increasing the use of community-based programs,
restitution, and victim assistance; and
(f)(6) identification of programs for youthful and first
offenders."
OO. Section 24-23-40 of the 1976 Code, as last amended by Act 181 of 1993,
is further amended to read:
"Section 24-23-40. The community corrections plan shall provide for
the department's:
(a)(1) The department's development, implementation,
monitoring, and evaluation of statewide policies, procedures, and
agreements with state agencies, such as the Departments Department
of Vocational Rehabilitation, the Department of Mental Health, and the
Department of Alcohol and Other Drug Abuse Services, for purposes of
coordination and referral of probationers, and parolees, and
community supervision releasees for rehabilitation services.
(b)(2) The department's development of specific
guidelines for the vigorous monitoring of restitution orders and fines to
increase the efficiency of collection and development of a systematic reporting
system so as to notify the judiciary of restitution and fine payment failures on
a regular basis.
(c)(3) The department's development of a program
development and evaluation capability so that the department can monitor and
evaluate the effectiveness of the above programs as well as to conduct research
and special studies on such issues as parole outcomes, revocations and
recidivism.
(d)(4) The department's development of adequate training
and staff development for its employees."
PP. The second paragraph of Section 24-23-115 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
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1995
"The Department of Probation, Parole and Pardon Services
Community Supervision shall establish by regulation pursuant to the
Administrative Procedures Act a definition of the term `public service work',
and a mechanism for supervision of persons performing public service work."
QQ. Section 24-23-130 of the 1976 Code, as last amended by Act 134 of 1991,
is further amended to read:
"Section 24-23-130. Upon the satisfactory fulfillment of the conditions
of probation for a period of two years, the court may, with the
recommendation of the agent in charge of the responsible county probation
office, may terminate the probationer or supervised prisoner from
supervision."
RR. The second paragraph of Section 24-23-220 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Assessments imposed as a condition of supervision upon release from
prison as specified in Section 24-23-210 must be collected by the supervising
agent who shall transmit those funds to the Department of Probation,
Parole and Pardon Services Community Supervision where it must
be deposited in to the State treasury Treasurer.
The county treasurer, after duly noting and recording the receipt of the
payments, shall transfer those funds to the State Treasurer who shall deposit
them in the state's general fund. Assessments collected by municipal courts
must be paid monthly to the municipal financial officer who, after duly noting
and recording the receipt of the payments, shall transfer those funds to the
State Treasurer as provided in this section. From these funds, an amount equal
to one-half of the amount deposited in fiscal year 1986-87 must be appropriated
to the department for the purpose of developing and operating community
corrections programs. The remainder of the funds must be deposited in the
Victim's Compensation Fund. The director shall monitor the collection and
reporting of these assessments imposed as a condition of supervision and assure
that they are duly transferred properly to the State
Treasurer."
SS. Sections 24-1-200, 24-13-60, 24-13-270, 24-13-610, 24-13-620, 24-13-630,
24-13-710,and 24-13-720 of the 1976 Code are repealed.
TT. The Code Commissioner shall change all references in the Code of Laws of
South Carolina, 1976, to the "Board of Probation, Parole, and Pardon
Services" and the "Probation, Parole, and Pardon Board" or to the
"Department of Probation, Parole and Pardon Services" and the
"Department of Probation, Pardon and Parole" to the "Board of
Pardons" and the "Department of Probation and Community
Supervision" respectively.
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1995
UU. All proceedings pending and all rights and liabilities existing, acquired,
or incurred at the time this act takes effect are saved. The provisions of this
act apply prospectively to crimes and offenses committed after the effective
date of this act.
VV. A study committee shall be appointed to study mandatory minimum
sentences and alternative sentences for nonviolent offenders and examine of
anti-recidivism methods for first time non violent offenders and report back to
the General Assembly no later than the first day of session, 1996. The
committee shall be composed of the following: The S.C. Attorney General or his
designee, three appointees of the Speaker of the House of Representatives and
three appointees of the President of the S.C. Senate. The committee shall be
staffed by the Sentencing Guidelines Commission and the staffs of the House and
Senate Judiciary Committee.
SECTION 3. Section 1 takes effect upon approval by the Governor and Section
2 takes effect July 1, 1996, and applies to all crimes committed on or after
that date./
Renumber sections to conform.
Amend title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
S. 90--ORDERED TO BE READ THIRD TIME TOMORROW
On motion of Rep. HARRISON, with unanimous consent, it was ordered that S. 90
be read the third time tomorrow.
H. 4228--TABLED
The following Joint Resolution was taken up.
H. 4228 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO
APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND
REGULATION - BOARD OF ACCOUNTANCY, RELATING TO REVOCATION OF REGISTRATION
AND
PENALTIES FOR REINSTATEMENT, OFFICE REGISTRATION, AND RESPONSIBILITIES AND
PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1818, PURSUANT TO THE
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1995
PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. CATO moved to table the Joint Resolution, which was agreed to.
S. 264--RECOMMITTED
The following Bill was taken up.
S. 264 -- Senators Stilwell, Moore, Rose and Jackson: A BILL TO AMEND SECTION
1-3-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR FILLING
VACANCIES IN AN OFFICE OF THE EXECUTIVE DEPARTMENT BY APPOINTMENT UNDER
CERTAIN
CONDITIONS, SO AS TO EXCLUDE THE OFFICE OF LIEUTENANT GOVERNOR BECAUSE THE
MANNER IN WHICH VACANCIES IN THIS OFFICE ARE FILLED ARE PROVIDED FOR IN OTHER
PROVISIONS OF LAW; 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
Printed Page 4066 . . . . . Thursday, May 25,
1995
PROMULGATING REGULATIONS, SO AS TO AUTHORIZE THE CHAIRMAN OF THE BOARD OF
A
DEPARTMENT TO DESIGNATE A MEMBER OF THE BOARD TO PRESIDE DURING SUCH
HEARINGS;
SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEDURES UNDER THE
ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALL DECISIONS OF THE
DEPARTMENT OF REVENUE MUST BE MADE PUBLIC EXCEPT WHERE REDACTED COPIES ARE
WARRANTED AND TO CLARIFY THE TYPES OF HEARINGS OVER WHICH ADMINISTRATIVE
LAW
JUDGES SHALL PRESIDE; SECTION 1-30-10, RELATING TO THE DEPARTMENTS OF THE
EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CORRECT A REFERENCE TO THE
DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 1-30-25, RELATING
TO THE DEPARTMENT OF COMMERCE, SO AS TO CHANGE THE NAME 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
Printed Page 4067 . . . . . Thursday, May 25,
1995
REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO REFER
TO AN EXCEPTION CONTAINED IN THE RESTRUCTURING ACT PERTAINING TO THE ELECTION
OF
MEMBERS OF THE PUBLIC SERVICE COMMISSION; SECTION 4-10-25, AS AMENDED, RELATING
TO THE EXEMPTION OF GROSS PROCEEDS OF SALES OF TANGIBLE PERSONAL PROPERTY
FROM
THE LOCAL SALES AND USE TAX, SO AS TO CHANGE REFERENCES TO CONFORM TO THE
RESTRUCTURING ACT; SECTION 4-10-60, AS AMENDED, RELATING TO THE WITHHOLDINGS
FROM THE AMOUNT OF SALES AND USE TAX COLLECTED BY COUNTIES, SO AS TO CHANGE
REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-10-65, RELATING TO
THE
DISTRIBUTION OF UNIDENTIFIED LOCAL SALES AND TAX REVENUES, SO AS TO CHANGE A
REFERENCE TO TAX COMMISSION TO CONFORM TO 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
Printed Page 4068 . . . . . Thursday, May 25,
1995
CONFORM A REFERENCE TO THE HIGHWAY DEPARTMENT TO THE RESTRUCTURING ACT;
SECTION
11-9-825, AS AMENDED, RELATING TO ADDITIONAL STAFF FOR THE BOARD OF ECONOMIC
ADVISORS, SO AS TO CONFORM THE REFERENCE TO THE CHAIRMAN OF THE DEPARTMENT
OF
REVENUE TO THE PROVISIONS OF THE RESTRUCTURING ACT EFFECTIVE FEBRUARY 1, 1995;
SECTION 11-35-1520, AS AMENDED, RELATING TO COMPETITIVE SEALED BIDS, SO AS TO
CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION
ADMINISTRATION; SECTION 12-4-15, RELATING TO THE DIVISIONS OF THE DEPARTMENT OF
REVENUE, SO AS TO DELETE THE STATUTORY DIVISIONS; SECTION 12-4-30, AS AMENDED,
RELATING TO THE COMMISSIONERS OF THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE
REQUIREMENTS FOR THE DEPARTMENT'S DIRECTOR; TO 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
Printed Page 4069 . . . . . Thursday, May 25,
1995
CONFORM A REFERENCE TO THE RESTRUCTURING ACT; ARTICLE 20, CHAPTER 21, TITLE 12,
THE VIDEO GAME MACHINES ACT, SO AS TO CONFORM REFERENCES IN THE ARTICLE TO
THE
SOUTH CAROLINA TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT;
SECTIONS 12-21-5020, 12-21-5030, 12-21-5040, 12-21-6010, 12-21-6040, AND
12-21-6050, RELATING TO THE MARIJUANA AND CONTROLLED SUBSTANCE TAX ACT, SO AS
TO
CHANGE REFERENCES TO THE TAX COMMISSION TO CONFORM TO THE RESTRUCTURING
ACT;
SECTION 12-27-390, AS AMENDED, RELATING TO THE DISTRIBUTION TO COUNTIES OF A
PORTION OF GASOLINE TAXES THROUGH THE WATER RECREATIONAL RESOURCES FUND, SO
AS
TO CHANGE REFERENCES TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO
THE
PROVISIONS OF THE RESTRUCTURING ACT EFFECTIVE JULY 1, 1994; 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
Printed Page 4070 . . . . . Thursday, May 25,
1995
DETERMINATION OF ASSESSED VALUE OF A VEHICLE, SO AS TO PROVIDE THAT AN APPEAL
MUST BE MADE TO THE ADMINISTRATIVE LAW JUDGE DIVISION WITHIN THIRTY DAYS OF
THE
BOARD'S DECISION AND TO FURTHER PROVIDE THAT APPEALS ARE CONFINED TO THE
RECORD;
SECTION 12-43-300, AS AMENDED, RELATING TO BOARD OF ASSESSMENT APPEALS, SO AS TO
PROVIDE THAT ANY PROPERTY OWNER, HIS AGENT, OR THE ASSESSOR MAY APPEAL FROM
THE
FINDING OF THE BOARD UPON WRITTEN NOTICE TO THE ADMINISTRATIVE LAW JUDGE
DIVISION WITHIN THIRTY DAYS FROM THE DATE OF THE BOARD'S FINDING AND TO
FURTHER
PROVIDE THAT APPEALS ARE CONFINED TO THE RECORD; SECTION 12-53-220, AS AMENDED,
RELATING TO TAX COLLECTION AND POSTING OF BONDS FOR JEOPARDY ASSESSMENTS, SO
AS
TO CORRECTLY SET FORTH THE NAME 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
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1995
ADVISORY BOARD, MUST DEVELOP AND ADMINISTER A PLAN FOR INFORMING THE PUBLIC
OF
THE AVAILABLE BENEFITS; SECTION 16-3-1130, AS AMENDED, RELATING TO CLAIMS UNDER
THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY
DIRECTOR
TO DIRECTOR; SECTION 16-3-1140, AS AMENDED, RELATING TO APPEALS UNDER THE
VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR
TO
DIRECTOR; SECTION 16-3-1150, AS AMENDED, RELATING TO EMERGENCY AWARDS UNDER
THE
VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR
TO
DIRECTOR; SECTION 16-3-1200, RELATING TO THE VICTIM'S COMPENSATION FUND AND THE
CONDUCT OF A VICTIM OR INTERVENOR CONTRIBUTING TO INFLICTION OF INJURY, SO AS
TO
CHANGES REFERENCES OF DEPUTY DIRECTOR TO 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
Printed Page 4072 . . . . . Thursday, May 25,
1995
BOARD OF PAROLE AND COMMUNITY CORRECTIONS; SECTION 17-17-100, RELATING TO THE
TRANSFER OF WRIT OF HABEAS CORPUS PETITIONS TO THE COURT IN THE COUNTY WHERE
THE
PRISONER IS LOCATED, SO AS TO CHANGE THE NAME OF THE BOARD OF CORRECTIONS;
SECTION 17-22-120, AS AMENDED, RELATING TO INDIVIDUAL INTERVENTION AGREEMENTS
ENTERED INTO BY A DEFENDANT AND THE SOLICITOR IN A PRETRIAL INTERVENTION
PROGRAM, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG
ABUSE TO THE RESTRUCTURING ACT; SECTION 17-25-80, RELATING TO THE AUTHORITY OF
THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS REGARDING HARD LABOR, SO
AS TO
CHANGE THE NAME OF THE COMMISSIONER; SECTION 17-25-145, RELATING TO
IMPLEMENTATION OF COMMUNITY PENALTIES PROGRAM, SO 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
Printed Page 4073 . . . . . Thursday, May 25,
1995
DELETE THE INAPPLICABLE PROVISION FOR THE DIVISION DIRECTOR'S SALARY; SECTION
20-7-2640, AS AMENDED, RELATING TO THE INTERSTATE COMPACT FOR ADOPTION AND
MEDICAL ASSISTANCE, MEDICAL ASSISTANCE IDENTIFICATION, BENEFITS, AND
EXCEPTIONS,
SO AS TO CLARIFY THAT DEPARTMENT AS USED IN SUBSECTION (C) MEANS THE
DEPARTMENT
OF SOCIAL SERVICES; SECTION 20-7-2880, AS AMENDED, RELATING TO FAMILY DAY CARE
LICENSES, SO AS TO CLARIFY AN ADMINISTRATIVE LAW JUDGE MUST HEAR APPEALS;
SECTIONS 20-7-2930 AND 20-7-2940, AS AMENDED, RELATING TO CHURCH DAY CARE
CENTERS, SO AS TO CLARIFY THAT APPEALS FROM A REGISTRATION SUSPENSION MUST BE
HEARD BY AN ADMINISTRATIVE LAW JUDGE; SECTION 20-7-3230, AS AMENDED, RELATING
TO
INSTITUTIONAL SERVICES PROVIDED 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
Printed Page 4074 . . . . . Thursday, May 25,
1995
AMENDED, RELATING TO THE DIRECTOR AND DEPUTY DIRECTORS FOR THE DEPARTMENT
OF
PUBLIC SAFETY, SO AS TO DELETE THE PROVISIONS FOR DEPUTY DIRECTORS; SECTION
23-9-10, AS AMENDED, RELATING TO THE STATE FIRE MARSHAL, SO AS TO CORRECT AN
INTERNAL CODE SECTION REFERENCE; SECTION 23-11-110, AS AMENDED, RELATING TO
QUALIFICATIONS OF SHERIFFS, SO AS TO CORRECT A REFERENCE TO THE SOUTH CAROLINA
CRIMINAL JUSTICE TRAINING COUNCIL; TO AMEND CHAPTER 25 OF TITLE 23, AS AMENDED,
RELATING TO THE LAW ENFORCEMENT OFFICERS HALL OF FAME, SO AS TO CLARIFY THAT
THE
COMMITTEE IS ADVISORY, TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC
SAFETY TO SERVE AS CHAIRMAN OF THE COMMITTEE, AND TO MAKE CONFORMING
CHANGES
THROUGHOUT; TO AMEND SECTION 24-1-10, RELATING TO 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
Printed Page 4075 . . . . . Thursday, May 25,
1995
THE NAME OF THE DEPARTMENT OF VETERANS' AFFAIRS TO CONFORM TO ACT 181 OF 1993,
RESTRUCTURING OF STATE GOVERNMENT; SECTION 31-13-30, RELATING TO MEMBERSHIP ON
THE SOUTH CAROLINA STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, SO AS
TO
REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL CONTROL; SECTION 31-17-330, RELATING TO EXCEPTIONS FOR MOBILE
HOME
LICENSES, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION TO THE DEPARTMENT OF REVENUE; SECTION 33-14-210, RELATING TO
ADMINISTRATIVE DISSOLUTION OF A CORPORATION BY THE SECRETARY OF STATE, SO AS
TO
CONFORM A REFERENCE TO THE TAX COMMISSION TO THE PROVISIONS OF THE
RESTRUCTURING
ACT; SECTION 33-39-250, RELATING TO THE 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
Printed Page 4076 . . . . . Thursday, May 25,
1995
AMENDED, RELATING TO APPEALING ACTIONS OF THE SOUTH CAROLINA MEDICAL
MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS TO PROVIDE THAT THE
APPEAL IS TO THE COMMISSIONER AND NOT THE DEPARTMENT; SECTION 38-81-270, AS
AMENDED, RELATING TO THE LEGAL PROFESSIONAL LIABILITY INSURANCE JOINT
UNDERWRITING ASSOCIATION AND THE GATHERING OF DATA, SO AS TO DELETE A
REFERENCE
TO DEPARTMENT (MEANING THE DEPARTMENT OF INSURANCE) AND SUBSTITUTE
COMMISSIONER
(MEANING CHIEF INSURANCE COMMISSIONER OF THE DEPARTMENT OF INSURANCE);
CHAPTER
23 OF TITLE 39, RELATING TO ADULTERATED, MISBRANDED, OR NEW DRUGS AND DEVICES,
SO AS TO CONFORM THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF
HEALTH AND ENVIRONMENTAL CONTROL TO ACT 181 OF 1993, 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
Printed Page 4077 . . . . . Thursday, May 25,
1995
"QUALIFIED MENTAL RETARDATION PROFESSIONAL" FROM THE SOUTH CAROLINA
DEPARTMENT OF MENTAL RETARDATION TO THE DEPARTMENT OF DISABILITIES AND
SPECIAL
NEEDS; SECTION 40-35-140, AS AMENDED, RELATING TO THE REQUIREMENT THAT
HABILITATION CENTERS FOR THE MENTALLY RETARDED MUST BE UNDER THE SUPERVISION
OF
A LICENSED NURSING HOME ADMINISTRATOR, SO AS TO CHANGE A REFERENCE FROM THE
DEPARTMENT OF MENTAL RETARDATION TO THE DEPARTMENT OF DISABILITIES AND
SPECIAL
NEEDS; SECTION 40-47-140, AS AMENDED, RELATING TO MINIMUM STANDARDS TO BE
OBTAINED ON EXAMINATION REQUIRED BY THE BOARD OF MEDICAL EXAMINERS, SO AS TO
CHANGE A REFERENCE FROM THE STATE MENTAL RETARDATION DEPARTMENT TO THE
DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; 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
Printed Page 4078 . . . . . Thursday, May 25,
1995
THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO CONFORM
A
REFERENCE TO THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION
41-44-90, AS AMENDED, RELATING TO THE INCOME AND PREMIUM TAX CREDIT ALLOWED
A
TAXPAYER WITH A QUALIFIED INVESTMENT IN A BUSINESS RECEIVING FINANCING FROM
THE
PALMETTO SEED CAPITAL FUND, SO AS TO CONFORM REFERENCES TO
"COMMISSION" TO THE RESTRUCTURING ACT; SECTION 42-5-60, RELATING TO
INSURANCE DEEMED SUBJECT TO TITLE 42 (WORKERS' COMPENSATION) AND APPROVAL OF
FORMS, SO AS TO CONFORM A REFERENCE TO THE CHIEF INSURANCE COMMISSIONER;
SECTION
43-1-115, RELATING TO COUNTY DEPARTMENT OF SOCIAL SERVICES BIENNIAL
PERFORMANCE
AUDITS, SO AS TO REVISE THE NAME OF THE 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
Printed Page 4079 . . . . . Thursday, May 25,
1995
TITLES; TO AMEND SECTION 44-1-50, AS AMENDED, RELATING TO THE BOARD OF HEALTH
AND ENVIRONMENTAL CONTROL HEARING APPEALS FROM THE DECISIONS OF AN
ADMINISTRATIVE LAW JUDGE, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS OF
THE 1976 CODE CONTAINED IN THIS SECTION; SECTION 44-2-75, AS AMENDED, RELATING
TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT OF 1988
AND
INSURANCE POOLS, SO AS TO MAKE A TECHNICAL CORRECTION WITH RESPECT TO A
REFERENCE TO THE DEPARTMENT OF INSURANCE; SECTION 44-6-5, AS AMENDED, RELATING
TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, SO AS TO DELETE A REFERENCE
TO
COMMISSION AND SUBSTITUTE FOR IT DEPARTMENT UNDER THE DEFINITION OF MARKET
BASKET INDEX; SECTION 44-6-60, AS AMENDED, RELATING TO THE 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
Printed Page 4080 . . . . . Thursday, May 25,
1995
REGULATION-MAKING AUTHORITY UNDER THE "INTERMEDIATE SANCTIONS FOR
MEDICAID
CERTIFIED NURSING HOME ACT", SO AS TO DELETE THE REFERENCE TO COMMISSION
(MEANING THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION) AND SUBSTITUTE
DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTIONS 44-6-720 AND 44-6-730,
RELATING TO MEDICAID QUALIFYING TRUSTS, SO AS TO REVISE THE NAME OF THE STATE
HEALTH AND HUMAN SERVICES FINANCE COMMISSION; SECTION 44-7-90, RELATING TO
VIOLATIONS OF THE LAW CONCERNING MEDICAID NURSING HOME PERMITS AND
PENALTIES, SO
AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND
THE
DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-7-170, AS
AMENDED,
RELATING TO EXEMPTIONS FROM THE STATE CERTIFICATION 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
Printed Page 4081 . . . . . Thursday, May 25,
1995
44-53-500, RELATING TO THE ISSUANCE AND EXECUTION OF ADMINISTRATIVE INSPECTION
WARRANTS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH
RESPECT TO
THE REGULATION OF CONTROLLED SUBSTANCES, SO AS TO CONFORM A REFERENCE TO THE
COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION
44-53-720, RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO CONFORM
A
REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING
ACT;
SECTION 44-55-120, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE THE
NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL
CONTROL; SECTION 44-56-60, AS AMENDED, RELATING TO HAZARDOUS WASTE
MANAGEMENT,
SO AS TO REVISE THE 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
Printed Page 4082 . . . . . Thursday, May 25,
1995
RECOMMENDATION OF THE ADVISORY COUNCIL INSTEAD OF BY THE BOARD OF THE
DEPARTMENT; SECTION 48-9-1230, AS AMENDED, RELATING TO THE TERMS, VACANCIES,
AND
REMOVAL OF THE DISTRICT COMMISSIONERS, SO AS TO DELETE OBSOLETE LANGUAGE AND
REVISE THE PROCEDURE FOR THE FILLING OF VACANCIES AND FOR REMOVAL; SECTION
48-9-1820, AS AMENDED, RELATING TO THE ELIGIBILITY AND COMPENSATION OF MEMBERS
OF BOARDS OF ADJUSTMENT, SO AS TO PROVIDE FOR MEMBERS OF THE ADVISORY COUNCIL
INSTEAD OF THE BOARD OF THE DEPARTMENT TO BE INELIGIBLE TO SERVE AND TO
CLARIFY
REFERENCES TO THE BOARDS OF ADJUSTMENT; SECTION 48-9-1840, AS AMENDED, RELATING
TO HARDSHIP PETITIONS FILED WITH BOARDS OF ADJUSTMENT, SO AS TO CLARIFY
REFERENCES TO THE BOARDS, AND SECTION 48-9-1850, AS 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
Printed Page 4083 . . . . . Thursday, May 25,
1995
THE PROGRAM UNDER THE DEPARTMENT OF NATURAL RESOURCES RATHER THAN
TRANSFERRING
IT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AS PROVIDED BY THE
RESTRUCTURING ACT OF 1993; SECTION 49-7-70, RELATING TO THE POWERS OF THE BUSHY
PARK AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE STATE HIGHWAY
DEPARTMENT TO
THE RESTRUCTURING ACT; SECTION 50-3-90, AS AMENDED, RELATING TO CONDUCTING
GAME
AND FISH CULTURAL OPERATIONS, SO AS TO CHANGE A REFERENCE FROM BOARD TO
DEPARTMENT; SECTION 50-3-310, AS AMENDED, RELATING TO THE APPOINTMENT OF
ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO
CLARIFY THAT THE DIRECTOR OF THE DEPARTMENT IS RESPONSIBLE FOR HIRING AND
FIRING
THE OFFICERS; SECTION 50-3-315, AS AMENDED, 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
Printed Page 4084 . . . . . Thursday, May 25,
1995
TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 50-17-320, AS AMENDED,
RELATING TO THE CLOSURE OF SHELLFISH GROUNDS, SO AS TO AUTHORIZE THE
DEPARTMENT
OF NATURAL RESOURCES RATHER THAN THE BOARD TO REMOVE CLOSED AREAS FROM A
PERMIT
ACREAGE AGREEMENT; SECTION 50-17-365, AS AMENDED, RELATING TO THE CLOSED
SEASON
FOR SHELLFISH, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES RATHER
THAN THE BOARD TO OPEN OR CLOSE AREAS; SECTION 50-17-730, AS AMENDED, RELATING
TO THE REQUIREMENT FOR PEELER AND SOFT SHELL CRABS, SO AS TO DELETE THE
REFERENCE TO MARINE RESOURCES DIVISION TO CONFORM TO OTHER CHANGES IN THE
SECTION; SECTION 51-3-60, RELATING TO FREE USE OF STATE PARK FACILITIES BY
DISABLED PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING 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
Printed Page 4085 . . . . . Thursday, May 25,
1995
AIRPORTS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE
AVIATION ADMINISTRATION; SECTION 55-15-10, AS AMENDED, RELATING TO RELOCATION
ASSISTANCE, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE
STATE
AVIATION ADMINISTRATION; SECTION 56-1-80, AS AMENDED, RELATING TO THE
APPLICATION FOR A DRIVER'S LICENSE OR PERMIT, SO AS TO DELETE REFERENCES TO THE
DEPARTMENT OF REVENUE AND TAXATION AND TO CLARIFY REFERENCES TO THE
DEPARTMENT
OF PUBLIC SAFETY; SECTION 56-1-135, AS AMENDED, RELATING TO DESIGNATED DRIVERS
FOR FIRE EXTINGUISHMENT, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF
PUBLIC
SAFETY; SECTION 56-1-221, RELATING TO THE MEDICAL ADVISORY BOARD, SO AS TO
CONFORM REFERENCES TO THE RESTRUCTURING ACT AND TO CLARIFY 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
Printed Page 4086 . . . . . Thursday, May 25,
1995
56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A
PERSON CONVICTED OF CERTAIN VIOLATIONS, SO AS TO CHANGE REFERENCES FROM THE
SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE DEPARTMENT OF
ALCOHOL
AND OTHER DRUG ABUSE SERVICES; SECTION 56-5-4160, AS AMENDED, RELATING TO THE
DISPOSITION OF FINES FOR WEIGHT VIOLATIONS OF VEHICLES AND LOADS, SO AS TO
REQUIRE THE FINES BE DEPOSITED INTO THE SIZE AND WEIGHT REVITALIZATION PROGRAM
FUND FOR PERMANENT IMPROVEMENTS RATHER THAN INTO THE GENERAL FUND; SECTION
56-5-5810, AS AMENDED, RELATING TO THE DEFINITIONS FOR THE DISPOSITION OF
ABANDONED OR DERELICT MOTOR VEHICLES, SO AS TO CHANGE A REFERENCE TO THE
DIRECTOR OF THE DEPARTMENT OF REVENUE AND TAXATION TO THE DIRECTOR 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
Printed Page 4087 . . . . . Thursday, May 25,
1995
THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE
DEPARTMENT OF TRANSPORTATION; ARTICLE 3, CHAPTER 3, TITLE 58, RELATING TO THE
LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION, SO AS TO
DEVOLVE
ITS DUTIES AND FUNCTIONS UPON THE DEPARTMENT OF PUBLIC SAFETY, STATE POLICE
DIVISION; SECTION 59-36-20, RELATING TO DEVELOPMENT OF A COMPREHENSIVE SYSTEM
OF
SPECIAL EDUCATION, SO AS TO REVISE THE NAME OF THE CONTINUUM OF CARE; SECTION
59-53-20, RELATING TO THE SOUTH CAROLINA TECHNICAL EDUCATION SYSTEM, SO AS TO
CONFORM THE NAME OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF
THE
DEPARTMENT OF COMMERCE; SECTION 59-63-31, RELATING TO RESIDENCY REQUIREMENTS
TO
ATTEND PUBLIC SCHOOLS, SO AS TO 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
Printed Page 4088 . . . . . Thursday, May 25,
1995
SERVICES; SECTION 61-9-35, RELATING TO REQUIREMENTS FOR THE SALE OF BEER AND
WINE AND THE RESTRICTIONS ON BEER OR BEER AND WINE PERMITTEE IN PAYING
WHOLESALERS AND THE PENALTY FOR VIOLATIONS, SO AS TO CHANGE REFERENCES TO
ALCOHOLIC BEVERAGE CONTROL COMMISSION AND COMMISSION TO THE PROVISIONS OF
THE
RESTRUCTURING ACT; SECTION 61-13-590, RELATING TO THE SALE OF ALCOHOLIC
BEVERAGES SEIZED IN ENFORCEMENT ACTIONS, SO AS TO CONFORM A REFERENCE TO THE
TAX
COMMISSION TO THE RESTRUCTURING ACT; SECTION 1613 OF ACT 181 OF 1993, RELATING
TO TRANSITION PROVISIONS, SO AS TO PROVIDE THAT AN EMPLOYEE'S PERSONNEL
RECORDS
ARE TRANSFERRED AND BELONG TO THE AGENCY TO WHICH THE EMPLOYEE IS
TRANSFERRED;
SECTION 1618 OF ACT 181 OF 1993, RELATING TO THE EFFECTIVE DATES OF THE STATE
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,
Printed Page 4089 . . . . . Thursday, May 25,
1995
43-21-140, 48-9-230, 49-5-130, 49-21-80, CHAPTER 5 OF TITLE 12, CHAPTER 61 OF
TITLE 40, AND CHAPTER 17 OF TITLE 51.
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