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 4482, May 31
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1995
Received as information.
SENATE AMENDMENTS
CONCURRED IN AND BILL ENROLLED
The Senate returned to the House with amendments the following:
S. 842 -- Senator Saleeby: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON
COUNTY,
SO AS TO REVISE THE MAP REFERENCE WHICH DEFINES THE LINES OF THESE VOTING
PRECINCTS, DELETE ARCHAIC REFERENCES AND PROVIDE THAT POLLING PLACES BE
DETERMINED BY THE DARLINGTON COUNTY BOARD OF ELECTIONS AND REGISTRATION
WITH THE
APPROVAL OF A MAJORITY OF THE DARLINGTON COUNTY LEGISLATIVE DELEGATION.
The Senate amendments were agreed to, and the Bill, having received three
readings in both Houses, it was ordered that the title be changed to that of an
Act, and that it be enrolled for ratification.
INTRODUCTION OF BILLS
The following Bills were introduced, read the first time, and referred to
appropriate committees:
H. 4283 -- Reps. Robinson, Herdklotz, Sandifer, Wofford, D. Smith, Simrill,
Whatley, Fleming, Rice, Littlejohn, Davenport, Walker, H. Brown, Cooper, Mason,
Riser, Stuart and Thomas: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO ATTORNEY'S FEES IN STATE INITIATED ACTIONS, SO
AS TO PROVIDE FOR THE AWARD OF ATTORNEY'S FEES IN CONTESTED ADMINISTRATIVE
PROCEEDINGS UNDER THE ADMINISTRATIVE PROCEDURES ACT THAT ARE INITIATED BY THE
STATE, A POLITICAL SUBDIVISION OF THE STATE, OR A PARTY CONTESTING SUCH ACTION.
Referred to Committee on Judiciary.
Printed Page 4451 . . . . . Wednesday, May 31,
1995
H. 4284 -- Reps. McAbee and Harrison: A BILL TO AMEND SECTION 15-49-10, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICATION FOR
A
NAME CHANGE, SO AS TO REQUIRE THE PERSON TO SUBMIT A CERTIFIED COPY OF HIS
BIRTH
CERTIFICATE AND TO PROHIBIT PETITIONING FOR A NAME CHANGE IF THE PERSON IS
INCARCERATED, ON PROBATION, OR PAROLE.
Referred to Committee on Judiciary.
H. 3104--SENATE AMENDMENTS AMENDED AND
RETURNED TO THE SENATE
The Senate amendments to the following Bill were taken up for consideration.
H. 3104 -- Reps. Shissias, Stille and Kelley: A BILL TO AMEND SECTION
20-7-1318, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN
INCOME-WITHHOLDING TO ENFORCE SUPPORT ORDERS, SO AS TO REVISE THE DEFINITION
OF
"SUPPORT ORDER" AND TO CORRECT A CROSS-REFERENCE.
Reps. SHISSIAS and HARRISON proposed the following Amendment No. 1 (Doc Name
L:\council\legis\amend\BR1\18505AC.95), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered
SECTION to read:
/SECTION ___. Section 20-7-3230(A)(4), (5), and (6) of the 1976 Code, as
last amended by Act 7 of 1995, is further amended to read:
"(4) providing juvenile detention services for juveniles charged with
having committed a criminal offense who are found, after a detention screening
or detention hearing, to require detention or placement outside the home pending
an adjudication of delinquency or dispositional hearing. Detention services
provided by the department for the benefit of the counties of this State must
include secure juvenile detention centers. The size and capacity of the juvenile
detention facilities needed must be determined by the department after its
consideration and review of American Correctional Association standards for the
design, construction, and operation of juvenile detention facilities. These
recognized national standards must be met or exceeded by the department in
determining the size and capacity of the juvenile detention centers and in
planning for the construction and operation of the facilities. The department
shall
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1995
determine and announce the anticipated maximum operational capacity of each
facility and shall contact each county governmental body in this State for the
purpose of determining which counties anticipate utilizing these facilities upon
each facility becoming operational. The department shall inform each county
governmental body of the existing state and federal laws regarding the
confinement of juveniles charged with committing criminal offenses, of each
county's ability to develop its own facility or to contract with other counties
for the development of a regional facility, and of the availability of the
department's facilities. This notice must be provided to each county for the
purpose of determining which county governmental bodies desire to enter into an
intergovernmental agreement with the department for the detention of juveniles
from their particular county who are charged with committing a criminal offense
for which pretrial detention is both authorized and appropriate. No later than
September 1, 1993, the department shall report to the Budget and Control Board
on the strategy of each county to comply with Sections 20-7-600 and 20-7-605.
The department must include with its report a plan for the construction and the
operation of those facilities which are projected to be necessary for the
preadjudicatory detention of juveniles in this State. No later than September
first of each subsequent year, the department shall report to the board on the
status of all preadjudicatory juvenile detention facilities known to be
operational or planned, regardless of ownership or management. The board then
will coordinate with all responsible and affected agencies and entities to
ensure that adequate funding is identified to prevent the detention or
incarceration of juveniles in adult jails anywhere within the State of South
Carolina. Upon completion of each facility and upon the determination by the
Jail and Prison Inspection Division of the Department of Corrections that each
facility is staffed in accordance with relevant standards and can be operated in
accordance with these standards, the division shall determine and announce the
rated capacity of each facility. A facility operated by the Department of
Juvenile Justice for the preadjudicatory detention of juveniles must be
maintained and continued in operation for that purpose until approved for
conversion or closure by the Budget and Control Board. However, a county which
decides to maintain its own approved facilities or which has entered into a
regional intergovernmental agreement, which has provided secure facilities for
preadjudicatory juveniles, and which meets the standards set forth above, may
continue to operate these facilities. County and regionally operated facilities
are subject to inspection by the Jail and Prison Inspection Division of the
Department of Corrections for compliance with the standards set forth above and
those created pursuant
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1995
to Section 24-9-20. The division has the same enforcement authority over
county and regionally operated secure juvenile detention facilities as that
which is provided in Section 24-9-30. A juvenile ordered detained in a facility
must be screened interviewed within twenty-four hours after the
detention hearing by a social worker or, if considered appropriate, by a
psychologist, in order to determine whether the juvenile is emotionally
disturbed, mentally ill, or otherwise in need of services. The services must be
provided immediately. In Department of Juvenile Justice operated facilities, the
department shall determine an amount of per diem for each child detained in a
center, which must be paid by the governing body of the law enforcement agency
having original jurisdiction where the offense occurred. The per diem paid by
the governing body of the law enforcement agency having original jurisdiction
where the offense occurred must be based on the average operating cost among all
preadjudicatory state facilities. The Department of Juvenile Justice must assume
one-third of the per diem cost and the governing body of the law enforcement
agency having original jurisdiction where the offense occurred must assume
two-thirds of the cost. Per diem funds received by the department must be
placed in a separate account by the department for operation of all
preadjudicatory state facilities. Transportation of the juvenile to and from a
facility is the responsibility of the law enforcement agency having jurisdiction
where the offense was committed. Transportation of juveniles between department
facilities, if necessary, is the responsibility of the department.
(5) Each secure facility which detains preadjudicatory youth longer than
twenty-four forty-eight hours, excluding weekends and state
holidays, regardless of ownership or management, must have sufficient personnel
to provide uninterrupted supervision and to provide administrative, program,
and support requirements. Each of these facilities must have a minimum of two
juvenile custodial officers on duty each shift, fully dressed, awake, and alert
to operate the facility. At least one person shall directly supervise the
juveniles at all times. At least one female juvenile custodial officer must be
present and available to the female detention population at all times. Staff on
duty must be sufficient to provide for a juvenile-staff ratio of no more than a
maximum of eight juveniles to each custody staff person, excluding
administrative, program, and other support staff. Staff shall prepare further a
facility schedule of preplanned, structured, and productive activities.
Schedules must be developed which include designated times for sleeping, dining,
education, counseling, recreation, visitation, and personal time. Daily
schedules should minimize idleness and promote constructive use of the
juvenile's day.
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1995
The Department of Juvenile Justice shall provide educational programs and
services to all preadjudicatory juveniles in its custody. County and regionally
operated facilities shall provide these services to all preadjudicatory
juveniles who are detained locally for more than twenty-four
forty-eight hours, excluding weekends and state holidays, by contracting
with the Department of Juvenile Justice or by arranging the services through the
local school district in which the facility is located. Services which are
arranged locally must be approved by the Department of Juvenile Justice as
meeting all criteria developed under the authority of Section 20-7-3240.
(6) A county or regional subdivision may provide temporary holdover
facilities for juveniles only if the facilities comply with this section and
with all standards created under the provisions of Section 24-9-20, which must
be monitored and enforced by the Jail and Prison Inspection Division of the
South Carolina Department of Corrections pursuant to its authority under
Sections 24-9-20 and 24-9-30. The standards shall provide for the regulation of
temporary holdover facilities with regard to adequate square footage, juvenile
accommodations, access to bathroom facilities, lighting, ventilation,
distinctions between secure and nonsecure temporary holdover facilities,
staffing qualifications, and additional requirements as may be specified. These
facilities may hold juveniles during the period between initial custody and the
initial detention hearing before a family court judge for a period up to
twenty-four forty-eight hours, excluding weekends and state
holidays."/
Renumber sections to conform.
Amend title to conform.
Rep. SHISSIAS explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered
returned to the Senate.
Rep. A. YOUNG moved that the House recede until 2:00 P.M., which was adopted.
THE HOUSE RESUMES
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
POINT OF QUORUM
The question of a quorum was raised. A quorum was later present.
Printed Page 4455 . . . . . Wednesday, May 31,
1995
H. 3787--COMMITTEE OF CONFERENCE APPOINTED
The following was received from the Senate.
MESSAGE FROM THE SENATE
Columbia, S.C., May 31, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its
amendments to H. 3787:
H. 3787 -- Reps. Richardson, Cotty, Rice, Cobb-Hunter, Keyserling, J. Brown,
Worley, S. Whipper, Limehouse, Moody-Lawrence, Byrd, Shissias, Herdklotz,
Lloyd, D. Smith, Wilkes, Mason and Thomas: A BILL TO AMEND SECTION 12-33-210,
AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC
BEVERAGE LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS
TO
PROVIDE FOR PRORATED LICENSES; TO REPEAL SECTION 12-33-220, RELATING TO AN
OBSOLETE PROVISION ALLOWING PRORATION OF LICENSES, AND TO PROVIDE FOR
REFUNDS
IN CASES OF CERTAIN LICENSES ISSUED AFTER NOVEMBER, 1994.
and asks for a Committee of Conference and has appointed Senators Cork, Ryberg
and Greg Smith of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. RICHARDSON, KELLEY and THOMAS to the
Committee of Conference on the part of the House and a message was ordered sent
to the Senate accordingly.
MESSAGE FROM THE SENATE
The following was received.
Columbia, S.C., May 31, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the
report of the Committee of Free Conference on H. 3096:
H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder,
Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips,
D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias,
Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED,
CODE OF LAWS
Printed Page 4456 . . . . . Wednesday, May 31,
1995
OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT
CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.
Very respectfully,
President
Received as information.
H. 3096--ORDERED ENROLLED FOR RATIFICATION
The report of the Committee of Free Conference having been adopted by both
Houses, and this Bill having been read three times in each House, it was ordered
that the title thereof be changed to that of an Act, and that it be enrolled for
ratification.
S. 101--NON-CONCURRENCE IN SENATE AMENDMENTS
On motion of Rep. HARRISON, the House non-concurred in the Senate amendments
to the following Bill, and a message was ordered sent to the Senate accordingly.
S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND
SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S
AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST
A
MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT
TOTALING
MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING
FROM
A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A
VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.
CONCURRENT RESOLUTION
The following was introduced:
H. 4285 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING MARTIN BROTHERS,
INC., OF SUMMERTON ON BEING SELECTED AS THE FIRST RECIPIENT OF GEORGIA-PACIFIC'S
"OUTSTANDING LOGGER AWARD".
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Printed Page 4457 . . . . . Wednesday, May 31,
1995
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 894 -- Senators Wilson, Courson, Giese, Patterson, Jackson, Ryberg, Setzler,
Lander and Williams: A CONCURRENT RESOLUTION CONGRATULATING THE FIRST
PRESBYTERIAN CHURCH (ASSOCIATE REFORMED SYNOD) OF COLUMBIA, SOUTH CAROLINA,
ON
THE OCCASION OF ITS TWO HUNDREDTH ANNIVERSARY, JUNE 4, 1995.
The Concurrent Resolution was agreed to and ordered returned to the Senate
with concurrence.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 896 -- Senators Matthews, Rose, Mescher, Washington and McConnell: A
CONCURRENT RESOLUTION TO RECOGNIZE JUDGE CRANSTON PINCKNEY FOR HIS SERVICE
TO
THE COMMUNITIES OF DORCHESTER COUNTY AND TO CONGRATULATE HIM UPON HIS
APPOINTMENT AS THE FIRST AFRICAN-AMERICAN TO SERVE AS A DORCHESTER COUNTY
MAGISTRATE.
The Concurrent Resolution was agreed to and ordered returned to the Senate
with concurrence.
INTRODUCTION OF BILL
The following Bill was introduced, read the first time, and referred to
appropriate committee:
H. 4286 -- Reps. Vaughn, Herdklotz, Davenport, Mason, Cobb-Hunter, Knotts,
Wilkins, Jennings, Askins, Cato, A. Young, Walker, Tripp, Kirsh, Fair, Rice,
Easterday, McMahand, Haskins, Anderson, Jaskwhich and Harvin: A BILL TO AMEND
SECTIONS 23-47-10, 23-47-20, AND 23-47-50, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO DEFINITIONS USED IN THE PUBLIC SAFETY COMMUNICATIONS CENTER LAW
(E-911), MINIMUM REQUIREMENTS FOR E-911 SYSTEMS, SURCHARGES TO SUPPORT EACH
SYSTEM, SO AS TO PROVIDE THAT WIRE AND NONWIRE TELEPHONE SUBSCRIBERS ARE
EQUALLY
SUBJECT TO SURCHARGES NECESSARY TO SUPPORT THE 911 SYSTEM.
Referred to Committee on Labor, Commerce and Industry.
Printed Page 4458 . . . . . Wednesday, May 31,
1995
S. 264--AMENDED AND ORDERED TO THIRD READING
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
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
Printed Page 4459 . . . . . Wednesday, May 31,
1995
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 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
Printed Page 4460 . . . . . Wednesday, May 31,
1995
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 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
Printed Page 4461 . . . . . Wednesday, May 31,
1995
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 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
Printed Page 4462 . . . . . Wednesday, May 31,
1995
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 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
Printed Page 4463 . . . . . Wednesday, May 31,
1995
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 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
Printed Page 4464 . . . . . Wednesday, May 31,
1995
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 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
Printed Page 4465 . . . . . Wednesday, May 31,
1995
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 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
Printed Page 4466 . . . . . Wednesday, May 31,
1995
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 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
Printed Page 4467 . . . . . Wednesday, May 31,
1995
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 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
Printed Page 4468 . . . . . Wednesday, May 31,
1995
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 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
Printed Page 4469 . . . . . Wednesday, May 31,
1995
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 "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
Printed Page 4470 . . . . . Wednesday, May 31,
1995
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 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
Printed Page 4471 . . . . . Wednesday, May 31,
1995
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 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
Printed Page 4472 . . . . . Wednesday, May 31,
1995
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
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
Printed Page 4473 . . . . . Wednesday, May 31,
1995
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 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
Printed Page 4474 . . . . . Wednesday, May 31,
1995
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 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
Printed Page 4475 . . . . . Wednesday, May 31,
1995
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 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
Printed Page 4476 . . . . . Wednesday, May 31,
1995
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 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
Printed Page 4477 . . . . . Wednesday, May 31,
1995
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 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
Printed Page 4478 . . . . . Wednesday, May 31,
1995
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 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
Printed Page 4479 . . . . . Wednesday, May 31,
1995
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 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
Printed Page 4480 . . . . . Wednesday, May 31,
1995
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 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
Printed Page 4481 . . . . . Wednesday, May 31,
1995
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, 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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