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S 1381 Session 110 (1993-1994)
S 1381 General Bill, By Senate Judiciary
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; to correct a reference to
a representative on the Commission from the Department of Public Safety; 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 the
definition of "regulation" does not include rules of the Department of
Probation, Parole and Pardon Services; 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; to change the name of the Division of Aeronautics to the
State Aeronautics Administration and to delete the Division of Savannah Valley
Development from the Department; to provide 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, and to amend Chapter 2
of Title 27 by adding Section 27-2-85, so as to provide for the duties of the
South Carolina G
04/26/94 Senate Introduced, read first time, placed on calendar
without reference SJ-7
INTRODUCED
April 26, 1994
S. 1381
Introduced by Judiciary Committee
S. Printed 4/26/94--S.
Read the first time April 26, 1994.
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 1-7-920,
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, 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
1-20-50, AS AMENDED, RELATING TO THE TERMINATION
DATES FOR PARTICULAR AGENCIES, SO AS TO DELETE
ADVISORY FROM THE NAME OF THE ADVISORY
COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT
OF THE DEPARTMENT OF COMMERCE; SECTION 1-23-10(4)
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; 1-23-111(A), 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; SECTIONS 1-23-600(A)
AND (B), 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 DELETE ADVISORY
FROM THE NAME OF THE ADVISORY COORDINATING
COUNCIL FOR ECONOMIC DEVELOPMENT OF THE
DEPARTMENT OF COMMERCE AND TO CHANGE THE NAME
OF THE DIVISION OF AERONAUTICS TO THE STATE
AERONAUTICS ADMINISTRATION AND TO DELETE THE
DIVISION OF SAVANNAH VALLEY DEVELOPMENT FROM
THE DEPARTMENT; 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 1-30-65,
RELATING TO THE DEPARTMENT OF LABOR, LICENSING,
AND REGULATION, SO AS TO CORRECT CERTAIN
REFERENCES TO THE PROFESSIONAL AND OCCUPATIONAL
LICENSING BOARDS UNDER THE DEPARTMENT; SECTION
1-30-75, RELATING TO THE DEPARTMENT OF NATURAL
RESOURCES, SO AS TO DELETE THE REQUIREMENT THAT
THERE BE A DIVISION FOR GEOLOGICAL MAPPING AND
STATE GEOLOGIST AND TO CORRECT CERTAIN
REFERENCES; SECTION 1-30-80, RELATING TO THE
DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO
AS TO ADD THE OFFICE OF SAVANNAH VALLEY
DEVELOPMENT TO THE DEPARTMENT; 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(a), 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 COMMISSION; 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 4-29-69, 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 TO THE CHAIRMAN OF THE DEPARTMENT OF
REVENUE TO THE PROVISIONS OF THE RESTRUCTURING
ACT EFFECTIVE FEBRUARY 1, 1995; SECTION 11-35-1520,
RELATING TO COMPETITIVE SEALED BIDS, SO AS TO
CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO
THE STATE AERONAUTICS ADMINISTRATION; SECTION
12-4-15, RELATING TO THE DIVISIONS OF THE DEPARTMENT
OF REVENUE, SO AS TO DELETE THE STATUTORY
DIVISIONS; 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,
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 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, RELATING TO
THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO
CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO
THE STATE AERONAUTICS 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, 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 APPEALS ARE CONFINED TO THE
RECORD; SECTION 12-43-300, 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;
SECTIONS 12-54-1010 AND 12-54-1020, RELATING TO THE
REVOCATION OF PROFESSIONAL AND BUSINESS LICENSES
BY THE SOUTH CAROLINA TAX COMMISSION FOR FAILURE
TO MAKE TAX RETURNS AND PAY TAXES, SO AS TO
CONFORM REFERENCES TO THE PROVISIONS OF THE
RESTRUCTURING ACT; SECTION 13-1-10, RELATING TO THE
DEPARTMENT OF COMMERCE, SO AS TO CHANGE THE
NAMES FROM ADVISORY COORDINATING COUNCIL FOR
ECONOMIC DEVELOPMENT TO COORDINATING COUNCIL
FOR ECONOMIC DEVELOPMENT AND DIVISION OF
AERONAUTICS TO THE STATE AERONAUTICS
ADMINISTRATION AND TO DELETE THE DIVISION OF
SAVANNAH VALLEY DEVELOPMENT FROM THE
DEPARTMENT; SECTION 13-1-20, RELATING TO THE
PURPOSES OF THE DEPARTMENT OF COMMERCE, SO AS TO
DELETE THE REFERENCE TO MANAGING THE BUSINESS OF
THE SAVANNAH VALLEY DEVELOPMENT; SECTION 13-17-40,
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; ARTICLE 7 OF CHAPTER 1 OF TITLE 13, RELATING
TO THE DIVISION OF AERONAUTICS, SO AS TO CHANGE
THE NAME OF THE DIVISION OF AERONAUTICS TO THE
STATE AERONAUTICS ADMINISTRATION; ARTICLE 11 OF
CHAPTER 1 OF TITLE 13, 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 15-9-410, 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,
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(3), RELATING TO
CLAIMS UNDER THE VICTIM'S COMPENSATION FUND, SO
AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO
DIRECTOR; SECTION 16-3-1140, RELATING TO APPEALS
UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO
CHANGES REFERENCES OF DEPUTY DIRECTOR TO
DIRECTOR; SECTION 16-3-1150, 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(3), 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, 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, 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 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(D), 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, 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 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(c),
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(A), 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, 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, 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 23-6-50, RELATING TO THE ANNUAL
AUDIT FOR THE DEPARTMENT OF PUBLIC SAFETY, SO AS
TO EXEMPT THE DEPARTMENT FROM THE AUDIT FOR
FISCAL YEAR 1993-94; TO AMEND ARTICLE 9, CHAPTER 6,
TITLE 23, RELATING TO THE DIVISION OF TRAINING AND
CONTINUING EDUCATION UNDER THE DEPARTMENT OF
PUBLIC SAFETY, SO AS TO MAKE THE SOUTH CAROLINA
LAW ENFORCEMENT TRAINING COUNCIL AN ADVISORY
COUNCIL, TO DEVOLVE THE FUNCTIONS OF THE COUNCIL
UPON THE DEPARTMENT OF PUBLIC SAFETY AND THE
DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY, TO
REVISE THE MEMBERSHIP OF THE TRAINING COUNCIL, AND
TO MAKE CONFORMING CHANGES THROUGHOUT THE
ARTICLE; 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 REPEAL SECTION 356, ACT 181 OF 1993 WHICH AMENDS
A CERTAIN PORTION OF SECTION 23-23-30(A)(4) AS THIS
SECTION WAS REPEALED ELSEWHERE IN THE
RESTRUCTURING ACT; TO AMEND CHAPTER 25 OF TITLE 23,
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; 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 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, RELATING TO
DUTIES OF THE CHIEF INSURANCE COMMISSIONER, SO AS
TO PROVIDE THAT REGULATIONS ARE PROMULGATED BY
THE COMMISSIONER; SECTION 38-27-520, 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,
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, 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, AS AMENDED, 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, 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,
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 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;
SECTION 40-73-15, RELATING TO PROFESSIONS AND
OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF
LABOR, LICENSING, AND REGULATION, SO AS TO FURTHER
PROVIDE FOR CERTAIN OF THESE PROFESSIONS AND
OCCUPATIONS; SECTIONS 41-10-70, 41-10-80, 41-10-90,
41-10-110, 41-13-25, 41-15-320, 41-16-100, 41-16-110, 41-16-180,
41-18-40, 41-18-60, 41-18-70, 41-18-80, 41-18-100, 41-18-110,
41-18-120, 41-21-20, AS AMENDED, AND SECTIONS 41-13-20,
41-13-50, 41-13-60, 41-15-90, 41-15-100, 41-15-210 THROUGH
41-15-290, 41-15-300, 41-15-310, 41-15-520, 41-16-20, 41-16-40
THROUGH 41-16-90, 41-16-120 THROUGH 41-16-160, 41-17-10,
41-17-20, 41-17-40, 41-17-50, 41-17-60, 41-17-70, 41-18-50,
41-18-130, 41-18-150, 41-21-30, 41-21-40, 41-21-70, 41-21-80,
41-21-100, AND 41-21-110, 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 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 43-7-440, 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,
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(C), 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 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 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, RELATING TO STANDARDS
FOR CERTIFICATION OF PESTICIDE APPLICATORS, SO AS TO
CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO
THE STATE AERONAUTICS ADMINISTRATION; SECTION
48-4-10, RELATING TO THE CREATION OF THE DEPARTMENT
OF NATURAL RESOURCES, SO AS TO CHANGE THE
REFERENCES TO WILDLIFE AND FRESHWATER FISH
DIVISION TO WILDLIFE AND FRESHWATER FISHERIES
DIVISION; 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 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; TO AMEND CHAPTER 22 OF TITLE 48,
RELATING TO THE STATE GEOLOGIST AND MAPPING
DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES,
SO AS TO MAKE THE DIVISION A UNIT WITHIN THE
DEPARTMENT, REVISE THE DUTIES OF THE STATE
GEOLOGIST, DELETE LANGUAGE PLACING THE GEODETIC
SURVEY WITHIN THE DEPARTMENT, AND MAKE
CONFORMING AND TECHNICAL CHANGES THROUGHOUT
THE CHAPTER; SECTION 48-39-150(D), AS AMENDED,
RELATING TO THE APPEALS PROCESS FOR THE DENIAL OF
COASTAL ZONE PERMITS, SECTION 48-39-280(A)(4), AS
AMENDED, RELATING TO BEACH NOURISHMENT PROJECT
PERMITS, SECTION 48-39-280(E), RELATING TO SETBACK
LINES, AND SECTION 48-39-290(D), 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 48-39-210,
AS AMENDED, RELATING TO CRITICAL AREA
DELINEATIONS, SO AS TO REVISE THE NAME OF THE
COASTAL COUNCIL; 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 49-4-16(2), 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 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 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 AERONAUTICS
ADMINISTRATION; SECTION 55-1-5, RELATING TO
DEFINITION FOR UNIFORM STATE AERONAUTICAL
REGULATORY LAW, SO AS TO CHANGE THE NAME OF THE
DIVISION OF AERONAUTICS TO THE STATE AERONAUTICS
ADMINISTRATION; SECTION 55-5-50, 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, RELATING
TO COOPERATION BETWEEN PUBLIC DEPARTMENTS, SO AS
TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS
TO THE STATE AERONAUTICS ADMINISTRATION; SECTION
55-8-10, RELATING TO THE UNIFORM AIRCRAFT FINANCIAL
RESPONSIBILITY ACT, SO AS TO CHANGE THE NAME OF
THE DIVISION OF AERONAUTICS TO THE STATE
AERONAUTICS ADMINISTRATION; SECTION 55-11-10,
RELATING TO PARTICULAR AIRPORTS, SO AS TO CHANGE
THE NAME OF THE DIVISION OF AERONAUTICS TO THE
STATE AERONAUTICS ADMINISTRATION; SECTION 55-15-10,
RELATING TO RELOCATION ASSISTANCE, SO AS TO
CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO
THE STATE AERONAUTICS 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, 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(D), 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 56-5-2950, 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 ABUSE TO THE
DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE
SERVICES; SECTION 56-5-4160(E), 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 56-5-4185, AS AMENDED, RELATING TO PERMITS
FOR COTTON MODULAR VEHICLES, SO AS TO AUTHORIZE
THE DEPARTMENT OF REVENUE AND TAXATION TO ISSUE
A PERMIT, UNDER TERMS AND CONDITIONS WHICH THE
DEPARTMENT OF REVENUE AND TAXATION AND THE
DEPARTMENT OF PUBLIC SAFETY DETERMINE TO BE IN
THE PUBLIC INTEREST FOR SAFETY ON THE HIGHWAYS;
SECTION 56-5-5810(f), 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 57-1-140, AS AMENDED, RELATING TO EXPANDING
HIGHWAYS AND ROADS, SO AS TO CHANGE THE NAME OF
THE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION TO THE DEPARTMENT OF
TRANSPORTATION; SECTION 57-3-610, 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; SECTIONS 57-5-1335 AND
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 PUBLIC SERVICE COMMISSION, SO AS TO DEVOLVE ITS
DUTIES AND FUNCTIONS UPON THE DEPARTMENT OF
PUBLIC SAFETY, STATE POLICE DIVISION; SECTION 59-23-20,
RELATING TO THE AUTHORITY OF THE STATE BOARD FOR
TECHNICAL AND COMPREHENSIVE EDUCATION, SO AS TO
CONFORM A REFERENCE TO THE ECONOMIC
DEVELOPMENT COORDINATING COUNCIL TO THE
PROVISIONS OF THE RESTRUCTURING ACT; 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; SECTION
61-3-425, RELATING TO THE PROHIBITION ON USING,
RENEWING, OR TRANSFERRING BEER, WINE, AND
ALCOHOLIC BEVERAGE LICENSES AND PERMITS WITHOUT
A SIGNED STATEMENT FROM THE SOUTH CAROLINA TAX
COMMISSION AND THE INTERNAL REVENUE SERVICE THAT
THE APPLICANT DOES NOT OWE DELINQUENT TAXES, SO
AS TO CONFORM THE REFERENCE TO TAX 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 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; 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,
AND TO AMEND CHAPTER 2 OF TITLE 27 BY ADDING
SECTION 27-2-85, SO AS TO PROVIDE FOR THE DUTIES OF
THE SOUTH CAROLINA GEODETIC SURVEY, SECTION
27-2-95, SO AS TO ENSURE STATE MAPPING PRODUCTS ARE
COMPATIBLE WITH THE COORDINATE SYSTEM, AND
SECTION 27-2-105, SO AS TO REQUIRE THE SURVEY TO
ASSIST IN DEFINING MONUMENTING COUNTY
BOUNDARIES; 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 ADD ARTICLE 7
TO CHAPTER 1, TITLE 51, SO AS TO ESTABLISH THE OFFICE
OF SAVANNAH VALLEY DEVELOPMENT IN THE
DEPARTMENT OF PARKS, RECREATION AND TOURISM; AND
TO DIRECT THE CODE COMMISSIONER TO CHANGE
CERTAIN REFERENCES TO CONFORM WITH THE
PROVISIONS OF THIS ACT; AND TO AMEND THE 1976 CODE
BY REPEALING CHAPTER 5 OF TITLE 12; ARTICLE 5,
CHAPTER 1 OF TITLE 13; SECTIONS 24-23-10; 38-1-30; 43-3-50;
43-21-120; 49-5-130; 48-9-230; 49-21-80; CHAPTER 17 OF TITLE
51; 56-10-20 AND SECTION 56-3-250.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-3-220(1) of the 1976 Code is amended to
read:
"(1) An appointment to fill any a vacancy
in an office of the executive department as defined in Section 1-1-110,
except for the office of Lieutenant Governor, occurring during a recess
of the General Assembly. The term of such the
appointment shall be is until the vacancy be
is filled by a general election or by the General Assembly in
the manner provided by law."
SECTION 2. Section 1-7-920(3) of the 1976 Code is amended to
read:
"(3) The Executive Director of the South Carolina
Criminal Justice Academy Director of the Department of
Public Safety shall serve during the term for which he is
appointed;"
SECTION 3. Section 1-7-940 of the 1976 Code is amended to read:
"Section 1-7-940. (A) The commission has the
following duties:
(1) coordinate all administrative functions of the offices of the
solicitors and any affiliate services operating in conjunction with the
solicitors' offices;
(2) submit the budgets of the solicitors and their affiliate
services to the General Assembly;
(3) encourage and develop legal education programs and
training programs for solicitors and their affiliate services, organize
and provide seminars to help increase the effectiveness and efficiency
of the prosecution of criminal cases in this State, and act as a
clearinghouse and distribution source for publications involving
solicitors and their affiliate services and provide legal updates on
matters of law affecting the prosecution of cases in this State;
(4) provide blank indictments for the circuit solicitors;
(5) provide information, training, and technical assistance to the
Victim/Witness Assistance units within the solicitors' offices.
(B) Nothing in this section may be construed to displace or
otherwise affect the functions and responsibilities of the State
Victim/Witness Assistance Program as established in Section
16-3-1410."
SECTION 4. Section 1-11-310(E) and (F) of the 1976 Code, as
last amended by Act 449 of 1992 are further amended to read:
"(E) Titles to school buses and service vehicles operated by
the State Department of Education and vehicles operated by the South
Carolina Department of Highways and Public Transportation
must be retained by those agencies.
(F) Exceptions to requirements in subsections (B) and (C) must
be approved by the director of the Division of Motor Vehicle
Management. Requirements in subsection (B) do not apply to the
Division of State Development Board of the South
Carolina Department of Commerce."
SECTION 5. Section 1-19-60 of the 1976 Code is amended to
read:
"Section 1-19-60. The State Reorganization Commission
shall be is composed of nineteen members, who shall
serve for terms of two years, of whom One shall
must be the chairman of the Ways and Means Committee of
the House of Representatives, one shall must be the
chairman of the Judiciary Committee of the House of Representatives,
five shall must be members of the House of
Representatives elected by the House of Representatives, one
shall must be the chairman of the Finance Committee
of the Senate, one shall must be the chairman of the
Judiciary Committee of the Senate, five shall must be
members of the Senate elected by the Senate, and five shall
must be appointed by the Governor, one of whom may be
a member of the State Development the director of the
Department of Commerce or the director's designee who shall serve
ex officio or some other a member of a state
board, who shall serve ex officio. In the case of a vacancy in the
membership of the commission it shall must be filled
in the manner of the original election or appointment."
SECTION 6. Section 1-20-50(B)(5) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(5) South Carolina Coordinating Council for Economic
Development [Abolished by creation of an Advisory a
Coordinating Council for Economic Development of the Department
of Commerce]"
SECTION 7. Section 1-23-10(4) of the 1976 Code is amended to
read:
"(4) `Regulation' means each agency statement of general
public applicability that implements or prescribes law or policy or
practice requirements of any agency. The term includes the
amendment or repeal of a prior regulation but does not include
descriptions of agency procedures applicable only to agency personnel;
opinions of the Attorney General; decisions or orders in rate making,
price fixing or licensing matters; awards of money to individuals;
policy statements or rules of local school boards; regulations of the
National Guard; decisions, orders and decisions of the Board of
Paroles and Pardons or and rules of the
Department of Probation, Parole and Pardon Board
Services; orders of the supervisory or administrative agency
of any penal, mental or medical institution, in respect to the
institutional supervision, custody, control, care or treatment of inmates,
prisoners or patients therein; decisions of the governing board of any
university, college, technical college, school or other educational
institution with regards to curriculum, qualifications for admission,
dismissal and readmission, fees and charges for students, conferring
degrees and diplomas, employment tenure and promotion of faculty
and disciplinary proceedings; decisions of the Human Affairs
Commission relating to firms or individuals; advisory opinions of any
agencies; and other agency actions relating only to specified
individuals."
SECTION 8. Section 1-23-111(A) of the 1976 Code, as added by
Act 181 of 1993, is amended to read:
"Section 1-23-111. (A) When a public hearing is held
pursuant to this article involving the promulgation of regulations by
a department for which the governing authority is a single director, it
shall be conducted by an administrative law judge assigned by the
chief judge. When a public hearing is held pursuant to this article
involving the promulgation of regulations by a department for which
the governing authority is a board or commission, it shall be
conducted by the board or commission, with the chairman or his
designee from the board presiding. The administrative law
judge, chairman, or chairman chairman's
designee, as the presiding official, shall ensure that all persons
involved in the public hearing on the regulation are treated fairly and
impartially. The agency shall submit into the record the jurisdictional
documents, including the statement of need and reasonableness, and
any written exhibits in support of the proposed regulation. The
agency may also submit oral evidences. Interested persons may
present written or oral evidence. The presiding official shall allow
questioning of agency representatives or witnesses, or of interested
persons making oral statements, in order to explain the purpose or
intended operation of the proposed regulation, or a suggested
modification, or for other purposes if material to the evaluation or
formulation of the proposed regulation. The presiding official may
limit repetitive or immaterial statements or questions. At the request
of the presiding official or the agency, a transcript of the hearing must
be prepared."
SECTION 9. Subsections (A) and (B) of Section 1-23-600, as
added by Act 181 of 1993, are amended to read:
"(A) The hearings and proceedings concerning contested
cases must be transcribed and are open to the public unless
confidentiality is allowed or required by law. The presiding
administrative law judge shall render the decision in a written order.
Except as provided in this subsection, The the
decisions or orders of these administrative law judges are not required
to be published but are available for public inspection unless the
confidentiality thereof is allowed or required by law. All decisions
relating to the Department of Revenue must be made public.
However, where confidentiality requires, decisions may be
redacted.
(B) An administrative law judge of the division shall preside over
all hearings of contested cases as defined in Section 1-23-310
involving the departments of the executive branch of government in
which a single hearing officer is authorized or permitted by law or
regulation to hear and decide such cases, except those arising under
the Occupational Safety and Health Act., those matters
which are otherwise provided for in Title 56, or those other cases or
hearings which are prescribed for or mandated by federal law or
regulation, unless otherwise by law specifically assigned to the
jurisdiction of the Administration Law Judge Division."
SECTION 10. Section 1-30-10(A) of the 1976 Code, as added by
Act 181 of 1993, is amended to read:
"(A) There are hereby created, within the executive
branch of the state government, the following departments:
(1) Department of Agriculture;
(2) Department of Alcohol and Other Drug Abuse Services;
(3) Department of Commerce;
(4) Department of Corrections;
(5) Department of Disabilities and Special Needs;
(6) Department of Education;
(7) Department of Health and Environmental Control;
(8) Department of Health and Human Services;
(9) Department of Insurance;
(10) Department of Juvenile Justice;
(11) Department of Labor, Licensing, and Regulation;
(12) Department of Mental Health;
(13) Department of Natural Resources;
(14) Department of Parks, Recreation and Tourism;
(15) Department of Probation, Pardon and Parole and
Pardon Services;
(16) Department of Public Safety;
(17) Department of Revenue and Taxation;
(18) Department of Social Services;
(19) Department of Transportation."
SECTION 11. Section 1-30-10(f)(2)(iii) of the 1976 Code, as added
by Act 181 of 1993, is amended to read:
"(iii) Department of Probation, Parole and Parole
and Pardon Services created pursuant to Section 1-30-85 by
the director of the former Department of Probation, Pardon and
Parole;"
SECTION 12. Section 1-30-25, as added by Act 181 of 1993, is
amended to read:
"Section 1-30-25. . Effective on July 1, 1993, the following
agencies, boards, and commissions, including all of the allied,
advisory, affiliated, or related entities as well as the employees, funds,
property and all contractual rights and obligations associated with any
such agency, except for those subdivisions specifically included under
another department, are hereby transferred to and incorporated in and
shall be administered as part of the Department of Commerce to be
initially divided into divisions for a State Aeronautics
Administration, a Advisory Coordinating
Council for Economic Development, State Development, Public
Railways and Savannah Valley Development:
(A) South Carolina Aeronautics Commission, formerly provided for
at Section 55-5-10, et seq.;
(B) Coordinating Council for Economic Development, formerly
provided for at Section 41-45-30, et seq.;
(C) Savannah Valley Authority, formerly provided for at Section
13-9-10, et seq.;
(D) State Development Board, except for the Film Office, formerly
provided for at Section 13-3-10, et seq.;
(E) South Carolina Public Railways Commission, formerly
provided for at Section 58-19-10, et seq."
SECTION 13. Section 1-30-25, as added by Act 181 of 1993, is
further amended to read:
"Section 1-30-25. Effective on July 1, 1993, the following
agencies, boards, and commissions, including all of the allied,
advisory, affiliated, or related entities as well as the employees, funds,
property and all contractual rights and obligations associated with any
such agency, except for those subdivisions specifically included under
another department, are hereby transferred to and incorporated in and
shall be administered as part of the Department of Commerce to be
initially divided into divisions for a State Aeronautics
Administration, a Advisory Coordinating
Council for Economic Development, State Development, and
Public Railways and Savannah Valley Development:
(A) South Carolina Aeronautics Commission, formerly provided for
at Section 55-5-10, et seq.;
(B) Coordinating Council for Economic Development, formerly
provided for at Section 41-45-30, et seq.;
(C) Savannah Valley Authority, formerly provided for at
Section 13-9-10, et seq.;
(D) State Development Board, except for the Film Office,
formerly provided for at Section 13-3-10, et seq.;
(E) (D) South Carolina Public Railways
Commission, formerly provided for at Section 58-19-10, et seq."
SECTION 14. Section 1-30-35 of the 1976 Code, as added by Act
181 of 1993, is amended to read:
"Section 1-30-35. Effective on July 1, 1993, the
following agencies, boards, and commissions, including all of the
allied, advisory, affiliated, or related entities as well as the employees,
funds, property, and all contractual rights and obligations
associated with any such the agency, except for those
subdivisions specifically included under another department, are
hereby transferred to and incorporated in and shall
must be administered as part of the Department of Disabilities
and Special Needs to be initially divided into divisions for Mental
Retardation, Head and Spinal Cord Injury, and Autism;
provided,. However, that the board of the former
Department of Mental Retardation as constituted on June 30, 1993,
and thereafter after that time, under the provisions of
Section 44-19-10 44-20-10, et seq., shall be
is the governing authority for the department.
(A) Department of Mental Health Autism programs, formerly
provided for at Section 44-9-10, et seq.;
(B) Head and Spinal Cord Injury Information System, formerly
provided for at Section 44-38-10, et seq.;
(C) Department of Mental Retardation, formerly provided for at
Section 44-19-10 44-20-10, et seq."
SECTION 15. Section 1-30-65(C) of the 1976 Code, as added by
Act 181 of 1993, is amended to read:
"(C) Professional and Occupational Licensing Boards
including:
Accountancy Board, formerly provided for at Section 40-1-10 et
seq.;
Architectural Board of Examiners, formerly provided for at Section
40-3-10 et seq.;
Athletic Commission, formerly provided for at Section 52-7-10 et
seq.;
Auctioneers Commission, formerly provided for at Section 40-6-10
et seq.;
Barber Examiners Board, formerly provided for at Section 40-7-10
et seq.;
Barrier Free Design Board, formerly provided for at Section
10-5-210 et seq.;
Building Code Council, formerly provided for at Section 6-9-60 et
seq.;
Burglar Alarm Business, formerly provided for at Section 40-79-10
et seq.;
Chiropractic Examiners Board, formerly provided for at Section
40-9-10 et seq.;
Contractors Licensing Board, formerly provided for at Section
40-11-10, et seq.;
Cosmetology Board, formerly provided for at Section 40-13-10 et
seq.;
Dentistry Board, formerly provided for at Section 40-15-10 et seq.;
Embalmers and Funeral Directors/Funeral Service Board, formerly
provided for at Section 40-19-10, et seq.;
Engineers and Land Surveyors Board, formerly provided for at
Section 40-21-10 40-22-10 et seq.;
Environmental Systems Operators Board, formerly provided for at
Section 40-23-10 et seq.;
Fire Sprinkler Contractors Board, formerly provided for at Section
23-45-10 et seq.;
Foresters Registration Board, formerly provided for at Section
48-27-10 et seq.;
Geologists Registration Board, formerly provided for at Section
40-77-10, et seq.;
Harbor Pilots/Pilotage Commission, formerly provided for at
Section 54-15-40, et seq.;
Liquefied Petroleum Gas Board, formerly provided for at Section
39-43-20, et seq.;
Manufactured Housing Board, formerly provided for at Section
31-17-10 40-29-10, et seq.;
Modular Appeals Board, formerly provided for at Section 23-43-50,
et seq.;
Nursing Board, formerly provided for at Section 40-33-10 et seq.;
Nursing Home Administrators Board, formerly provided for at
Section 40-35-10 et seq.;
Occupational Therapy Board, formerly provided for at Section
40-36-10 et seq.;
Optometry Board, formerly provided for at Section 40-37-10 et
seq.;
Opticianry Board, formerly provided for at Section 40-38-10 et
seq.;
Pharmacy Board, formerly provided for at Section 40-43-10 et seq.;
Physical Therapy Examiners, formerly provided for at Section
40-45-10 et seq.;
Physicians, Surgeons and Osteopaths/Board of Medical Examiners,
formerly provided for at Section 40-47-10 et seq.;
Podiatry Examiners, formerly provided for at Section 40-51-10 et
seq.;
Professional Counselors, Marital and Family Therapists,
formerly provided for at Section 40-75-10, et seq.;
Psychology Board of Examiners, formerly provided for at Section
40-75-10 40-55-20 et seq.;
Pyrotechnic Safety Board, formerly provided for at Section
40-56-10 et seq.;
Real Estate Brokers & Appraisers, Counsellors,
Salesmen, Appraisers, Auctioneers, and Property Managers,
formerly provided for at Section Sections 40-57-10
and 40-60-10 et seq.;
Residential Home Builders Board, formerly provided for at Section
40-59-10 et seq.;
Sanitarian Board of Examiners, formerly provided for at Section
40-61-10 et seq.;
Social Worker Board of Examiners, formerly provided for at
Section 40-63-10 et seq.;
Speech/Language Pathology and Audiology Board of
Examiners, formerly provided for at Section 40-67-10 et seq.;
Veterinary Medical Examiners, formerly provided for at Section
40-69-10 et seq."
SECTION 16. Section 1-30-75 of the 1976 Code, as added by Act
181 of 1993, is amended to read:
"Section 1-30-75. Effective on July 1, 1994, the following
agencies, boards, and commissions, including all of the allied,
advisory, affiliated, or related entities as well as the employees, funds,
property, and all contractual rights and obligations associated
with any such the agency, except for those
subdivisions specifically included under another department, are
hereby transferred to and incorporated in, and
shall must be administered as part of the Department
of Natural Resources to. The department must be
initially divided initially into divisions for
Geological Mapping and State Geologist, Land Resources
Conservation, Water Resources, Marine Resources, Wildlife and
Freshwater Fish Fisheries, and State Natural Resources
Enforcement; Provided. The South Carolina Wildlife
and Marine Resources Commission Board, as
constituted on June 30, 1993, and thereafter after that
time, under the provisions of Section 50-3-10 et.
et seq. shall be is the governing authority for
the department:
(A)(1) Geological Mapping Survey of
the Research and Statistical Services Division of the Budget and
Control Board, to include the State Geologist, formerly provided for
at Section 1-11-10, et seq.;
(B)(2) State Land Resources Conservation
Commission, less the regulatory division, formerly provided for at
Section 48-9-10, et seq.;
(C)(3) South Carolina Migratory Waterfowl
Commission, formerly provided for at Section 50-11-20, et seq.;
(D)(4) Water Resources Commission, less the
regulatory division, formerly provided for at Section 49-3-10, et seq.;
(E)(5) South Carolina Wildlife and Marine
Resources Commission, formerly provided for at Section 50-3-10,
et seq."
SECTION 17. Section 1-30-80 of the 1976 Code, as added by Act
181 of 1993, is amended to read:
"Section 1-30-80. Effective on July 1, 1993, the following
agencies, boards, and commissions, including all of the allied,
advisory, affiliated, or related entities as well as the employees, funds,
property and all contractual rights and obligations associated with any
such agency, except for those subdivisions specifically included under
another department, are hereby transferred to and incorporated in and
shall be administered as part of the Department of Parks, Recreation
and Tourism to include a Parks, Recreation and Tourism Division and
Film Division. Effective January 1, 1995, the Division of
Savannah Valley Development of the Department of Commerce is
hereby transferred to and incorporated in and shall be administered as
part of the Department of Parks, Recreation and Tourism as the Office
of Savannah Valley Development.
(A) Film Office of the State Development Board, formerly
provided for at Section 13-3-10, et seq.;
(B) Department of Parks, Recreation and Tourism; formerly
provided for at Section 51-1-10, 51-3-10, 51-7-10, 51-9-10 and
51-11-10, et seq.;
(C) Savannah Valley Authority, formerly provided
for at Section 13-9-10, et seq., which became the Division of
Savannah Valley Development of the Department of Commerce,
formerly provided for in Article 5 of Chapter 1 of Title 13."
SECTION 18. Section 1-30-85 of the 1976 Code, as added by Act
181 of 1993, is amended to read:
"Section 1-30-85. Department of Probation, Pardon
and Parole and Pardon Services.
Effective on July 1, 1993, the following agencies, boards, and
commissions, including all of the allied, advisory, affiliated, or related
entities as well as the employees, funds, property, and all
contractual rights and obligations associated with any such
the agency, except for those subdivisions specifically included
under another department, are hereby transferred to and
incorporated in and shall must be administered as part
of the Department of Probation, Pardon and Parole and
Pardon Services:
Department of Probation, Pardon and Parole, formerly provided for
at Section 24-21-10, et seq."
SECTION 19. Section 2-7-73(A) of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"(A) Any A bill or resolution which would
mandate a health coverage or offering of a health coverage by an
insurance carrier, health care service contractor, or health maintenance
organization as a component of individual or group policies, must
have attached to it a statement of the financial impact of the coverage,
according to the guidelines enumerated in subsection (B). This
financial impact analysis must be conducted by the Division of
Research and Statistical Services and signed by an authorized agent of
the Department of Insurance, or his designee. The statement
required by this section must be delivered to the Senate or House
committee to which any a bill or resolution is referred,
within thirty days of the written request of the chairman of
such the committee."
SECTION 20. Section 2-13-190 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 2-13-190. Within five days after receiving
such the page proofs corrected from the Code
Commissioner, the Office of Legislative Printing and Information
Technology Resources (LPITR) shall print the same and shall deliver
as many copies to the Code Commissioner as the commissioner may
order. The Code Commissioner on receipt of such
these copies shall send a copy to each of the following
officers: The Governor, Supreme Court Justices, Clerk of the Supreme
Court, Court of Appeals Judges judges, Clerk of the
Court of Appeals, circuit judges, circuit solicitors, county
Administrative Law Judge Division judges, county solicitors,
clerk of the court of each county, judge of probate of each county,
Attorney General, Secretary of State, Comptroller General, Adjutant
General, State Treasurer, Chief Bank Examiner, Department of
the Revenue and Taxation, Director of the Department
of Transportation, State Health Officer, Director of the Department of
Natural Resources, Chairman of the Public Service Commission,
Commissioner of Agriculture, Director Chief Insurance
Commissioner of the Department of Insurance, State Budget and
Control Board, State Superintendent of Education, State Librarian,
Clerk of the House of Representatives, Clerk of the Senate, Director
of the South Carolina Archives Department, Director of the
Department of Public Safety, and the members of the General
Assembly. Any magistrate may obtain a copy of advance sheets of
statutes by sending his name, address, and term to the Code
Commissioner."
SECTION 21. Section 2-13-240(a) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(a) Sets of the Code of Laws of South Carolina, 1976,
shall must be distributed by the Legislative Council as
follows: Governor, three; Lieutenant Governor, two; Secretary of
State, three; Treasurer, one; Attorney General, fifty; Adjutant General,
one; Comptroller General, two; Superintendent of Education, two;
Commissioner of Agriculture, two; each member of the General
Assembly, one; office of the Speaker of the House of Representatives,
one; Clerk of the Senate, one; Clerk of the House of Representatives,
one; each committee room of the General Assembly, one; each
member of the Legislative Council, one; Code Commissioner, one;
Legislative Council, ten; Supreme Court, fourteen; Court
Administration Office, five; each Court of Appeals judge, one;
each circuit court judge, one; each circuit court solicitor, one;
each family court judge, one; each county court
Administrative Law Judge Division judge, one; College of
Charleston, one; The Citadel, two; Clemson University, three;
Coastal Carolina University, one; Francis Marion College,
one; Lander College, one; Medical University of South Carolina, two;
South Carolina State College, two; University of South Carolina, four;
each regional campus of the University of South Carolina, one;
University of South Carolina Law School, forty-six; Winthrop College,
two; each technical college or center, one; each county governing
body, one; each county clerk of court and register of mesne
conveyances where such these offices are separate,
one; each county auditor, one; each county coroner, one; each county
magistrate, one; each county master in equity, one; each county
probate judge, one; each county public library, one; each county
sheriff, one; each public defender, one; each county superintendent of
education, one; each county treasurer, one; Library of Congress, three;
United States Supreme Court, one; each member of Congress from
South Carolina, one; each state library which furnishes this State a free
set of its Code of Laws, one; Division of State
Aeronautics Administration of the Department of Commerce,
one; Department of Alcohol and Other Drug Abuse Services, one;
Department of Archives and History, one; Board of Bank
Control Financial Institutions, one; Commissioner of
Banking, one; Budget and Control Board (Auditor, six; General
Services Division, six; Personnel Division, one; Research and
Statistical Services Division, one; Retirement System, one);
Children's Bureau, one; Department of Consumer Affairs, one;
Department of Corrections, two; Criminal Justice Academy, one;
Department of Commerce, five; Employment Security Commission,
two; Ethics Commission, one; Forestry Commission, one; Department
of Health and Environmental Control, five; Department of
Transportation, five; Department of Public Safety, five; Human Affairs
Commission, one; Workers' Compensation Commission, seven;
Department of Insurance, two; Department of Juvenile Justice and
Aftercare, one; Department of Labor, Licensing, and Regulation,
two; South Carolina Law Enforcement Division, four; Legislative
Audit Council, one; State Library, three; Department of Mental Health,
three; Department of Disabilities and Special Needs, five; Ports
Authority, one; Department of Probation, Parole and Pardon
Services, two; Public Service Commission, three;
Reorganization Commission, one; Department of Social Services, two;
Department of Revenue and Taxation, six; Board for Technical
and Comprehensive Education, one; Veterans' Affairs Division of the
Governor's office, one; Vocational Rehabilitation, one; Department of
Natural Resources, four."
SECTION 22. Section 2-19-10 of the 1976 Code is amended to
read:
"Section 2-19-10. (A) Whenever an election is to
be held by the General Assembly in Joint Session, including members
of the judiciary, a joint committee, composed of eight members, four
of whom shall must be members of the House of
Representatives and four of whom shall must be
members of the Senate, shall must be appointed to
consider the qualifications of the candidates. Each body shall
determine how its respective members shall must be
selected. Each joint committee shall meet as soon after its appointment
as may be practicable and shall elect one of its members as chairman,
one as secretary, and such other officers as it may
deem considers desirable.
(B) Notwithstanding the provisions of subsection (A), the
membership of the Committee to Consider the Qualifications of
Candidates for the Public Service Commission must be as established
by Section 58-3-26."
SECTION 23. Section 4-10-65 of the 1976 Code, as added by
Section 99, Part II, Act 164 of 1993, is amended to read:
"Section 4-10-65. Funds collected by the Tax
Commission Department of Revenue from the local
option sales tax which are not identified as to the governmental unit
due the tax, shall, after a reasonable effort by the
commission department to determine the appropriate
governmental unit, must be deposited to a local option
supplemental revenue fund. These funds must be distributed in
accordance with Section 4-10-60 to those counties generating less than
the minimum distribution."
SECTION 24. Section 4-29-69(A)(2)(b) and (5) of the 1976 Code,
as added by Act 123 of 1993, are amended to read:
"(2)(b) is located in a county which is designated at the
beginning of the consolidation period as a less-developed county by
the South Carolina Tax Commission Department of
Revenue pursuant to Section 12-7-1220.
(5) `Consolidation period' means the eighteen-month period
beginning on the first date that assets are transferred to the facility in
this State from the manufacturing facility in the other state. The
South Carolina Economic Development Board Division of
State Development of the South Carolina Department of
Commerce shall certify in writing to the South Carolina Tax
Commission Department of Revenue the specific date that
the consolidation period begins."
SECTION 25. Section 6-19-30 of the 1976 Code is amended to
read:
"Section 6-19-30. The fund for such these
grants shall must be from either revenue-sharing trust
funds or from general appropriations to the Department of Health and
Environmental Control, which shall administer such
the grants for intermission to public water supply authorities
or districts, sewer authorities or districts, water and sewer authorities,
rural community water or sewer systems, nonprofit
corporations, or municipal sewer systems to which the grant
is made. The Governor, with the advice and consent of the Senate,
shall appoint an advisory committee composed of six members, one
from each congressional district of the State. In addition an employee
of the Department of Health and Environmental Control, designated
by the commissioner thereof director, shall serve ex
officio as a member of the committee. The Governor may invite
any a director or his representative from any
an agency providing water and sewer funds to serve as an
advisory nonvoting member to the committee. Of those initially
appointed by the Governor and serving on April 1, 1975, the members
representing the third and sixth districts shall serve until June 30,
1977, the members representing the second and fourth districts shall
serve until June 30, 1978, and the members representing the first and
fifth districts shall serve until June 30, 1979. Thereafter all
members shall Members must be appointed for terms of
three years. In the event of a vacancy a successor shall
must be appointed for the unexpired term in the manner of
original appointment. The advisory committee shall meet as soon
after its appointment as may be practicable and shall organize
by electing a chairman, vice-chairman, secretary, and such
other officers as it may deem considers desirable. The
advisory committee shall select the projects to be funded in accordance
with Section 6-19-40. Funds also may also be
expended from gifts or grants from any source which are made
available for the purpose of carrying out the provisions of this chapter.
Appropriations made to the fund but not expended at the end of the
fiscal year for which appropriated shall do not revert
to the general fund but shall accrue to the credit of the fund.
Grants shall must be made only for water supply and
waste water facilities projects on which construction was not
commenced before April 1, 1974."
SECTION 26. Section 9-1-1535 of the 1976 Code is amended to
read:
"Section 9-1-1535. Conservation
Enforcement officers of the Law Natural
Resources Enforcement section Division of the
South Carolina Wildlife and Marine Resources Department
shall be of Natural Resources are retired no later than
the end of the fiscal year in which they reach their sixty-fifth
birthday."
SECTION 27. Section 10-1-100 of the 1976 Code is amended to
read:
"Section 10-1-100. All invitations for bid proposals for
construction projects (but not including South Carolina Highway
Department Department of Transportation projects) issued
by the State, its authorities, commissions, departments,
committees, or agencies, or any political subdivision of the
State, shall set forth in the contract documents, to the extent they are
reasonably obtainable by the public awarding authority, those
provisions of federal, state, and local statutes,
ordinances, and regulations dealing with the prevention of
environmental pollution and the preservation of public natural
resources that affect or are affected by the projects. If the successful
bidder must undertake additional work which was not specified in the
invitation for bid proposals or which are due to the enactment of new
or the amendment of existing statutes, ordinances, rules, or
regulations occurring after the submission of the successful proposal,
the awarding agency shall issue a change order, setting forth the
additional work that must be undertaken, which shall
may not invalidate the contract. The cost of such a
this change order to the awarding agency shall
must be determined in accordance with the provisions of the
contract for change orders or force accounts and that such
the additional costs to undertake work not specified in the
contract documents shall must not be approved unless
written authorization is given the successful bidder/contractor prior
to before his undertaking such the
additional activity. In the event of a dispute between the awarding
agency and the successful bidder/contractor, arbitration procedures
may be commenced under the applicable terms of the construction
contract under the provisions of Chapter 47, Title 15."
SECTION 28. Section 11-9-825, as last amended by Act 181 of
1993, is further amended to read:
"Section 11-9-825. The staff of the Board of Economic
Advisors must be supplemented by the following officials who each
shall designate one professional from their individual staffs to assist
the BEA staff on a regular basis: the Governor, the Chairman of the
House Ways and Means Committee, the Chairman of the Senate
Finance Committee, the State Director of the
Department of Revenue and Taxation Chairman, and the
Director of the Budget Division of the Budget and Control Board.
The BEA staff shall meet monthly with these designees in order to
solicit their input."
SECTION 29. Section 11-35-1520(12) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(12) Provisions not to Apply. The provisions of this section
shall not apply to maintenance services for aircraft of the Division
of State Aeronautics Administration of the
Department of Commerce."
SECTION 30. Section 12-4-15 of the 1976 Code, as added by Act
181 of 1993, is amended to read:
"Section 12-4-15. (A) The Department of Revenue
and Taxation must be divided into such divisions as the
commissioner of the department or director may prescribe but shall
consist of at least the following principal divisions: tax, motor vehicle
titling, registration and licensing and commercial motor vehicle
services.
(B) Each division shall be supervised by a deputy director or
designee of the Department of Revenue and Taxation."
SECTION 31. Section 12-4-340 of the 1976 Code, as last amended
by Act 164 of 1993, is further amended to read:
"Section 12-4-340. The commission
department, for the purposes of collecting delinquent taxes
due from a taxpayer, may contract with a collection agency, within or
without the State, for the collection of delinquent taxes, including
penalties and interest as provided in Section 12-54-227."
SECTION 32. Section 12-4-760 of the 1976 Code is amended to
read:
"Section 12-4-760. In addition to any right of appeal
otherwise provided by law, a taxpayer may appeal from the decision
of the commission Administrative Law Judge Division
to the Tax Board of Review circuit court for an
interpretation of the Constitution or state laws regarding his property
tax exemption status upon payment of his property taxes under protest.
The county governing body may appeal the decision of the
commission Administrative Law Judge Division to the
Tax Board of Review circuit court. Appeals under
this section are confined to the record."
SECTION 33. Section 12-21-2423 of the 1976 Code, as added by
Section 47, Part II, Act 164 of 1993, is amended to read:
"Section 12-21-2423. An amount equal to one-fourth of the
license tax on admissions to a major tourism or recreation facility
collected by the Tax Commission Department of
Revenue beginning when the facility is open to the general public
and ending fifteen years thereafter after that time must
be paid to the county or municipality in which the major tourism or
recreation facility is located to be used directly or indirectly for
additional infrastructure improvements. If the facility is located in an
unincorporated area of a county, the payment must be made to the
county governing body and, if located within the corporate limits of
a municipality, the payment must be made to the municipal governing
body. The county or municipal governing body may share funds
received from these payments with another county, special purpose
district, or municipal governing body to provide additional
infrastructure facilities or services in support of the tourism or
recreation facility that generates the admission tax revenues
responsible for the payments. An additional amount equal to
one-fourth of the license tax on admissions to a major tourism or
recreation facility collected by the Tax Commission
department beginning when the facility is open to the general
public and ending fifteen years thereafter after that
time must be transferred to the State Treasurer to be deposited
into a special tourism infrastructure development fund and distributed
pursuant to the approval of the South Carolina Coordinating
Council for Economic Development of the Department of
Commerce as provided in this section. Deposits into the fund
must be separated into special accounts based on which facility
generated the transfer. Local units of governments within five miles
of a major tourism or recreation facility may apply to the council for
infrastructure development grants from the special account for which
they are eligible. The amount of the funds received by each of the
eligible local governments must be determined by the council based
upon its review of a grant application submitted by each government.
Preference must be given to applications for projects which directly or
indirectly serve the generating facility or other development occurring
as a result of the generating facility. Grants may run for more than
one year and may be based upon a specified dollar amount or a
percentage of the funds annually deposited into the special account.
After approval of a grant application, the council may approve
the release of funds to eligible local governments. Funds must be
used directly or indirectly for additional infrastructure improvements
provided in this section. The council shall adopt guidelines to
administer the fund including, but not limited to, tourism infrastructure
development grant application criteria for review and approval of grant
applications. Expenses incurred by the council in administering the
fund may be paid from the fund.
For purposes of this section `major tourism or recreation facility'
means an establishment to which an aggregate investment in land and
new capital assets or in refurbishing or expanding an existing facility
of at least twenty million dollars is made within a five-year period and
which is used for a theme park, an amusement park, an historical,
educational, or a trade museum, a botanical or zoological
garden, an aquarium, a cultural center, a theater, a motion picture
production studio, a convention center, an arena, a coliseum, an
auditorium, or a spectator or participatory sports facility and similar
establishments. Secondary support facilities such as food and retail
services located within or immediately adjacent to and which directly
support the primary `tourism or recreation facility' are included as part
of the aggregate investment of at least twenty million dollars for the
primary tourism or recreation facility. For purposes of this section
`additional infrastructure improvement' means a publicly-owned road
or pedestrian access way, a right-of-way, a bridge, a water and sewer
facility, an electric or a gas facility, a landfill or waste treatment
facility, a hospital or other medical facility, a fire station, a school, a
transportation facility, or similar infrastructure facility and facilities
ancillary thereto to them including, but not limited to,
a publicly-owned tourism or recreation facility which generated the
admissions tax from which funds were paid to a county, municipality,
or special purpose district."
SECTION 34. Section 12-21-2720(C) of the 1976 Code, as added
by Section 19, Part II, Act 164 of 1993, is amended to read:
"(C) In addition to any fees set forth under subsection
(A)(3), there is imposed a one-time nonrefundable fee of five hundred
dollars on all licenses issued on such the machines
for the period between July 1, 1993, and June 30, 1995. The
revenue from this fee must be placed in a special account and used
exclusively for the purpose of monitoring these machines on a
twenty-four hour a day basis. The Tax Commission
Department of Revenue is responsible for administering this
account and implementing, through regulations as approved by the
General Assembly, its requirements."
SECTION 35. Section 12-21-2738 of the 1976 Code, as last
amended by Section 19, Part II, Act 164 of 1993, is further amended
to read:
"Section 12-21-2738. A person who fails, neglects, or
refuses to comply with the terms and provisions of this article or who
fails to attach the required license to any machine, apparatus, billiard,
or pocket billiard table, as herein required, is subject to a penalty of
fifty dollars for each failure, and the penalty must be assessed and
collected by the commission department.
If the violation under this section relates to a machine licensed
pursuant to Section 12-21-2720(A)(3), the applicable penalty amount
is two thousand five hundred dollars, no part of which may be
suspended, and one-half of this penalty must be deposited to the credit
of the general fund of the State and one-half must be retained by or
forwarded to the law enforcement or administrative agency charging
the violation."
SECTION 36. Article 20, Chapter 21, Title 12 of the 1976 Code,
as added by Section 19, Part II, Act 164 of 1993, is amended to read:
"Article 20
Video Game Machines Act
Section 12-21-2770. This article may be cited as the Video Game
Machines Act.
Section 12-21-2772. As used in this article:
(1) `Associated equipment' means a proprietary device, machine,
or part used in the manufacture or maintenance of a video game
machine including, but not limited to, integrated circuit chips, printed
wired assembly, printed wired boards, printing mechanisms, video
display monitors, and metering devices.
(2) `Commission Department' means the South
Carolina Tax Commission Department of Revenue.
(3) `Distributor' means any person who buys and sells or leases
video machines or associated equipment in this State. A distributor
may also own, operate, service, or repair video machines in this State.
(4) `Licensed establishment' means an establishment owned or
managed by a person who is licensed pursuant to Article 19 of this
chapter for the location of coin-operated nonpayout video machines
with a free play feature.
(5) `Machine' means an electronic video games machine that, upon
insertion of cash, is available to play or simulate the play of games as
authorized by the commission department utilizing a
video display and microprocessors in which the player may receive
free games or credits that can be redeemed for cash.
(6) `Manufacturer' means any person that manufactures or
assembles and programs machines or associated replacement
equipment authorized for sale or use in this State.
(7) `Net machine income' means money put into the machine
minus money paid out in cash. `Gross machine income' means the
sum of all cash/money put into the machine.
(8) `Machine owner' means any person, other than a distributor,
who owns and operates, maintains, repairs, or services one or more
machines in licensed establishments. For purposes of this article
`owner/operator' is defined the same as `machine owner'.
(9) `Contraband device/equipment' or `gray area machine' means
any unlicensed machine.
Section 12-21-2774. Each machine licensed under this chapter:
(1) may not have any means of manipulation that affect the
random probabilities of winning a video game;
(2) shall have one or more mechanisms that accept only coins or
cash in the form of bills. The mechanisms must be designed to
prevent obtaining credits without paying by stringing, slamming,
drilling, or other means;
(3) must have a commission approved metering device that keeps
a record of all cash (total coin accepted and total credit generated by
the bill acceptor) inserted into the machine, credits played for video
games, and credits won by video players and refunds of winnings and
other information as prescribed by the commission
department;
(4) must be capable of being accessed on demand by
telecommunication from a central computer for purposes of polling or
reading device activities and for central computer remote shutdown of
machine operations.
Section 12-21-2776. (A) All machines must be registered and
licensed by the commission department under
procedures and guidelines issued by the commission
department.
(B) By July 1, 1995, all machines registered and licensed by the
commission department must be equipped with a
commission department approved metering device.
Each machine owner, operator, or licensed establishment must
establish and implement cash controls required by the
commission department.
Section 12-21-2778. Each machine must be licensed pursuant to
Article 19 of this chapter by the commission
department before placement or operation on the premises of
a licensed establishment. Each machine must have the license
prominently displayed pursuant to Article 19 of this chapter.
Section 12-21-2780. A seal must be affixed to the
commission department approved metering device
which corresponds to the license as set forth in Section 12-21-2778.
Section 12-21-2782. The commission department
shall promulgate rules and regulations regarding the types of machines
and equipment that must be licensed and the costs associated with
inspection. Notwithstanding the provisions of Section 12-21-2774(1),
any machine of a type licensed as of July 1, 1993, in this State and
which satisfies the conditions of Section 12-21-2776(B) may continue
to operate for five years from July 1, 1993. This section may
must not be construed as authorizing cash payouts for credits
earned after the effective date of a referendum prohibiting such
the payouts.
Section 12-21-2784. Each machine manufacturer, distributor,
operator, and licensed establishment must be licensed by the
commission department pursuant to Article 19 of this
chapter and this article before a machine or associated equipment is
manufactured, distributed, sold, or placed for public use in this State.
Section 12-21-2786. The placement of machines in licensed
establishments is subject to the provisions of Article 19 of this chapter
and the rules and regulations promulgated by the commission
department.
Section 12-21-2788. The commission department
shall deny or revoke an establishment license for machine placement
that does not meet the requirements of Section 12-21-2786 pursuant
to the provisions of Section 12-54-90.
Section 12-21-2790. It is unlawful to tamper with a machine with
intent to interfere with its proper operation. A person who violates
this section is guilty of a felony and, upon conviction, must be
imprisoned not more than one year or fined not more than five
thousand dollars, or both.
Section 12-21-2791. Any location which operates or allows the
operation of coin-operated machines pursuant to Section
12-21-2720(A)(3) which provides payouts authorized pursuant to
Section 16-19-60 shall limit the cash payout for credits earned for free
games to two thousand five hundred credits per for
each player per for each location during any
twenty-four hour period. The cash value of credits for each free game
shall be is limited to five cents.
Section 12-21-2792. Skimming of machine proceeds is the
intentional excluding, or the taking of any action in an attempt to
exclude anything or its value from the deposit, counting, collection, or
computation of revenues from machines. Whoever commits skimming
of machine proceeds is guilty of a felony and, upon conviction, must
be imprisoned for not less than one year nor more than ten years,
without benefit of probation, parole, or suspension of sentence, and
may be fined not more than twenty-five thousand dollars.
Section 12-21-2793. Any location which operates or allows the
operation of coin-operated machines pursuant to Section
12-21-2720(A)(3) which provides payouts authorized pursuant to
Section 16-19-60 may must not be located within five
hundred feet within a county and within three hundred feet in a
municipality of a public or private elementary, middle, or secondary
school; a public or private kindergarten; a public playground or park;
a public vocational or trade school or technical educational center; a
public or private college or university; or house of worship. The
owner of any location operating in violation of the provisions of this
section shall be is guilty of a misdemeanor and
shall, upon conviction, must be fined not less than one
hundred dollars and not nor more than two hundred
dollars or imprisoned for not more than sixty days. Each day
of operation shall constitute constitutes a separate
violation.
The penalty imposed by this section shall is not
be effective until after September 1, 1993. Any location
relocating pursuant to this section may apply to the Tax
Commission department for the reissuance of a license
without charge.
The provisions of this section do not apply with respect to any
location with machines with licenses issued before May 30, 1993.
Section 12-21-2794. A person who, with intent to manipulate the
outcome, payoff, or operation of a machine by physical tampering or
any other means is guilty of a felony and, upon conviction, must be
imprisoned not less than one year nor more than five years or fined
not more than one thousand dollars, or both.
Section 12-21-2796. A machine owner or distributor who wilfully
places a machine on location or who wilfully causes a machine to be
operated without the state approved metering device is guilty of a
felony and, upon conviction, must be imprisoned for not less
than one year nor more than ten years, without benefit of probation,
parole, or suspension of sentence, and may be fined not more than
twenty-five thousand dollars.
Section 12-21-2798. The commission department
shall promulgate rules and regulations pertaining to the machines and
persons licensed by it.
Section 12-21-2802. Each machine licensed under this article or
Article 19 must have a prominently displayed sign citing the penalties
provided by Sections 12-21-2790, 12-21-2792, and 12-21-2794 on the
wall above the machine or affixed prominently to the machine. The
commission department shall make these signs
available free of charge.
Section 12-21-2804. (A) No person shall may
apply for, receive, maintain, or permit to be used, and the
commission shall department may not allow to be
maintained, permits or licenses for the operation of more than eight
machines authorized under Section 12-21-2720(A)(3) at a single place
or premises for the period beginning July 1, 1993, and ending July 1,
1994. After July 1, 1994, the commission department
may not issue nor authorize to be maintained any licenses or permits
for more than five machines authorized under Section
12-21-2720(A)(3) at a single place or premises. Any licenses or
permits issued for the operation of machines authorized under Section
12-21-2720(A)(3) during the period of July 1, 1993, and July 1, 1994,
for a two-year period shall continue in effect after July 1,
1994, provided that. However, during the period of
July 1, 1994, and July 1, 1995, no person shall may
maintain at a single place or premises more than eight machines
authorized under Section 12-21-2720(A)(3). No machine may be
licensed or relicensed in any location where the primary and
substantial portion of the establishment's gross proceeds is from
machines licensed under Section 12-21-2720(A)(3). The
commission department shall revoke the licenses of
machines located in an establishment which fails to meet the
requirements of this section. No license may be issued for a machine
in an establishment in which a license has been revoked for a period
of six months from the date of the revocation. The term `gross
proceeds' from the machines means the establishment's portion.
(B) No person who maintains a place or premises for the operation
of machines licensed under Section 12-21-2720(A)(3) may advertise
in any manner for the playing of the machines nor may a person offer
or allow to be offered any special inducement to a person for the
playing of machines permitted under Section 12-21-2720(A)(3).
(C) No person under twenty-one years of age may receive a payout
as a result of the operation of the machines licensed under Section
12-21-2720(A)(3).
(D) No owner, operator, or marketer may be issued a permit by the
commission department for machines pursuant to
Section 12-21-2720(A)(3) unless the owner, operator, or marketer has
been a resident of the State for two years. The commission
department shall require a statement of residency to be filed
with the commission department as part of the
application process for permits issued under Section 12-21-2720(A)(3)
on forms and in a manner the commission department
considers appropriate.
(E) It is unlawful to operate machines licensed under Section
12-21-2720(A)(3) between the hours of midnight Saturday
night and six o'clock a.m. Monday morning.
(F) A person violating subsections (A), (B), (D), or (E) of this
section is subject to a fine of up to five thousand dollars to be
imposed by the commission department. The
commission department, upon a determination that the
violation is wilful, may refer the violation to the Attorney General or
to the appropriate circuit solicitor for criminal prosecution, and, upon
conviction, the person must be fined not more than ten thousand
dollars or imprisoned not more than two years, or both. The
commission department shall revoke the licenses of
any person issued pursuant to the provisions of Article 19 of this
chapter for a violation of subsection (C) of this section. Revocation is
pursuant to the procedures set forth in Section 12-54-90.
Section 12-21-2806. The cash payouts authorized by Section
16-19-60 of the 1976 Code relating to coin-operated devices may only
be continued in any county in South Carolina after June 30, 1995, if
a majority of the qualified electors of the county voting in a statewide
referendum at the time of the 1994 general election vote in favor of
the continued regulation and issuance of these licenses. The State
Election Commission must place the question contained herein on the
general election ballot in November, 1994. The state election laws
shall apply to the referendum, mutatis mutandis. The State Board of
Canvassers shall publish the results of the referendum within each
county and certify them to the Secretary of State. If the result of this
referendum is not in favor of a continuation of cash payouts for
credits earned on coin-operated devices within the county, Section
16-19-60 of the 1976 Code shall not apply within such
the county after July 1, 1995.
If a majority of the qualified electors within a county vote to
terminate cash payoffs for credits earned on coin-operated devices
after July 1, 1995, the Tax Commission Department of
Revenue shall refund to any person holding a license for the
operation of coin-operated devices, on a pro-rata basis, the portion of
any license fees previously paid the commission
department for licenses which extend beyond July 1, 1995.
The question put before the voters shall read as follows:
`Shall cash payouts for credits earned on coin-operated video game
machines remain legal and subject to licensure and regulation by the
State of South Carolina after June 30, 1995?'
Yes []
No []
Section 12-21-2808. In addition to the referendum to be held at
the 1994 general election, counties are authorized to hold a
referendum to determine whether or not cash payoffs provided for
under Section 16-19-60 of the 1976 Code relating to coin-operated
devices shall be authorized. The counties are authorized to hold such
a referendum in the manner provided in this section except that no
such referendum may be held until the 1998 general election and may
also be held in subsequent general elections as provided herein.
(1) The referendum must be held:
(a) upon the passage of an ordinance of the governing body of
a county providing for a referendum if the ordinance is passed at least
ninety days before a general election; or
(b) upon a petition so requesting filed with the county election
commission more than ninety days before the general election
containing the signatures of at least ten percent, but not more than two
thousand five hundred, of the qualified electors of the county as of the
time of the preceding general election.
(2) In any county in which cash payoffs are authorized by Section
16-19-60 of the 1976 Code relating to coin-operated devices at the
time of the referendum provided for in this section, the question put
before the voters shall read as follows:
`Shall cash payoffs for credits earned on coin-operated video game
machines remain legal and subject to licensure and regulation by the
State of South Carolina?'
Yes []
No []
(3) In any county in which, at the time of the referendum provided
for in this section, cash payoffs as provided for by Section 16-19-60
of the 1976 Code relating to coin-operated devices are not authorized,
the question put before the voters shall read as follows:
`Shall cash payoffs for credits earned on coin-operated video game
machines be allowed and subject to licensure and regulation by the
State of South Carolina?'
Yes []
No []
(4) If the result of the referendum provided for in this section is
not in favor of a continuation of cash payoffs for credits earned on
coin-operated devices within the county, Section 16-19-60 of the 1976
Code shall not apply within the county after July first of the year
following the referendum.
(5) If the results of the referendum provided for in this section are
to authorize cash payoffs relating to coin-operated devices, Section
16-19-60 shall apply within such county after January first of the year
following the referendum.
(6) The state election laws apply to the referendum provided in
this section, mutatis mutandis.
(7) If a majority of the qualified electors within a county vote to
terminate cash payoffs for credits earned on coin-operated devices, in
a referendum as authorized in this section, the Tax
Commission Department of Revenue shall refund to any
person holding a license for the operation of coin-operated devices on
a pro rata basis, the portion of any license fees previously paid the
commission department for licenses which extend
beyond July first of the year after the referendum."
SECTION 37. Section 12-21-5020(4) of the 1976 Code, as added
by Section 70, Part II, Act 164 of 1993, is amended to read:
"(4) `Commission Department' means the
South Carolina Tax Commission Department of
Revenue."
SECTION 38. Section 12-21-5030 of the 1976 Code, as added by
Section 70, Part II, Act 164 of 1993, is amended to read:
"Section 12-21-5030. The commission
department shall administer the provisions of this article.
Payments required by this article must be made to the
commission department on the form provided by it.
Dealers are not required to give their name, address, social security
number, or other identifying information on the form. The
commission department shall collect all taxes under
this article."
SECTION 39. Section 12-21-5040 of the 1976 Code, as added by
Section 70, Part II, Act 164 of 1993, is amended to read:
"Section 12-21-5040. The commission
department may promulgate regulations necessary to enforce
this article. The commission department shall adopt
a uniform system of providing, affixing, and displaying official
stamps, official labels, or other official indicia for marijuana and
controlled substances on which a tax is imposed."
SECTION 40. Section 12-21-6010 of the 1976 Code, as added by
Section 70, Part II, Act 164 of 1993, is amended to read:
"Section 12-21-6010. Official stamps, labels, or other
indicia to be affixed to all marijuana or controlled substances must be
purchased from the commission department. The
purchaser shall pay one hundred percent of face value for each stamp,
label, or other indicia at the time of the purchase."
SECTION 41. Section 12-21-6040(A) of the 1976 Code, as added
by Section 70, Part II, Act 164 of 1993, is amended to read:
"(A) The commission department or a public
employee may not reveal facts contained in a report or return required
by this article or any information obtained from a dealer. Information
contained in a report or return or obtained from a dealer may
must not be used against the dealer in a criminal proceeding,
unless independently obtained, except in connection with a proceeding
involving taxes due under this article from the dealer making the
return."
SECTION 42. Section 12-21-6050 of the 1976 Code, as added by
Section 70, Part II, Act 164 of 1993, is amended to read:
"Section 12-21-6050. The commission
department shall credit the proceeds of the tax levied by this
article to the general fund of the State."
SECTION 43. Section 12-27-390 of the 1976 Code, as last amended
by Section 15, Part II, Act 164 of 1993, is further amended to read:
"Section 12-27-390. (A) One percent of the proceeds from
the gasoline tax imposed pursuant to Sections 12-27-230 and
12-27-240 must be transmitted to the Department of Wildlife and
Marine Natural Resources to be placed to the credit of a
special water recreational resources fund of the state treasury,
and all balances in the fund must be carried forward each year so that
no part of it reverts to the general fund of the State. All of the funds
must be allocated based upon the number of boats or other watercraft
registered in each county pursuant to law and expended, subject to the
approval of a majority of the county legislative delegation, including
a majority of the resident senators, if any, for the purpose of water
recreational resources. The amounts allocated must be deducted from
the gross proceeds of the gasoline tax imposed under Sections
12-27-230 and 12-27-240 before net proceeds to be distributed
pursuant to Section 12-27-380 are determined. This section does not
reduce the one cent a gallon license tax credited to the general fund
of the State pursuant to Section 12-27-380.
(B) The governing body of any coastal county, upon
recommendation of a majority of the legislative delegation, including
a majority of the resident senators, shall refund to any person
purchasing gasoline for use in commercial or charter fishing boats
operated exclusively in the coastal waters of this State all or a portion
of the state tax on the gasoline returned to the county pursuant to this
section. The refund, if any, must be made pursuant to regulations
established by the governing body of the county.
(C) The South Carolina Wildlife and Marine
Resources Department of Natural Resources must be
reimbursed for engineering, design, rehabilitation, and law
enforcement costs incurred in the administration of the provisions of
this section, but funds for law enforcement may not exceed one-third
of revenues to the special water recreational resources fund. Funds for
reimbursement must be transferred from funds collected under the
provisions of this section."
SECTION 44. Section 12-27-400 of the 1976 Code, as last amended
by Section 23, Part II, Act 164 of 1993, is further amended to read:
"Section 12-27-400. (A) The monies collected pursuant to
the provisions of Section 12-27-240 must be deposited with the State
Treasurer and expended on the State Highway System for
construction, improvements, and maintenance, together with any other
funds made available for the purpose, must be apportioned among the
counties of the State in the following manner:
(1) one-third in the ratio which the land area of the county bears
to the total land area of the State;
(2) one-third in the ratio which the population of the county
bears to the total population of the State as shown by the latest official
decennial census; and
(3) one-third in the ratio which the mileage of all rural roads in
the county bears to the total rural road mileage in the State as shown
by the latest official records of the Department of Highways and
Public Transportation. The Tax Commission
Department of Revenue shall add a line in the sales, use, and
local option sales tax return form for the collection of information
regarding the number of gallons of gasoline sold in each county for
use in making allocations of `C' funds as provided in this section.
The Tax Commission Department of Revenue shall
submit the percentage of the total represented by each county to the
commission Department of Transportation by the
twenty-fifth day of the month following the end of the calendar
quarter.
(B) A county transportation committee that provides its own
engineering, contracting, and project supervision may elect to receive
its allocation directly from the commission on an annual basis.
However, upon request of a county transportation committee, the
department must shall continue to administer the funds
allocated to the county.
(C) The funds expended must be approved by and used in
furtherance of a countywide transportation plan adopted by a county
transportation committee. The transportation committee must be
appointed by the county legislative delegation and must be made up
of fair representation from municipalities and unincorporated areas of
the county. County transportation committees may join in approving
a regional transportation plan, and the funds must be used in
furtherance of the regional transportation plan. This subsection
may must not be construed as prohibiting the county
legislative delegation from making project recommendations to the
transportation committee.
(D) The funds allocated to the county may be used to issue county
bonds or state highway bonds as provided in subsection (J) of this
section, pay directly for appropriate projects, and match federal
funds available for appropriate projects.
(E) All unexpended `C' funds allocated to a county remain in the
account allocated to the county for the succeeding fiscal year and must
be expended as provided in this section.
(F) The countywide and regional transportation plans as provided
for in this section must be reviewed and approved by the South
Carolina Department of Highways and Public
Transportation. Prior to Before the expenditure of
funds by the transportation committee, the committee must
shall adopt specifications for local road projects. In counties
electing to receive their allocation directly pursuant to subsection (B),
specifications of roads built with `C' funds are to be established by the
countywide or regional transportation committee. In counties electing
to have their funds administered by the department
Department of Transportation, primary and secondary roads
built using `C' funds must meet department specifications.
(G) The provisions of this section may must not be
construed as affecting the plans and implementation of plans for a
Statewide Surface Transportation System as developed by the
South Carolina Department of Highways and Public
Transportation.
(H) For purposes of this subsection, `donor county' means a county
that contributes to the `C' fund an amount in excess of what it
receives under the allocation formula as stated in subsection (A) of
this section. In addition to the allocation to the counties pursuant
to subsection (A) of this section, the department
Department of Transportation annually shall transfer from the
State Highway fund to the donor counties an amount equal to nine and
one-half million dollars in the ratio of the individual donor county's
contribution in excess of `C' fund revenue allocated to the county
under subsection (A) of this section is to the total excess
contributions of all donor counties.
(I) In expending funds under this section, counties that elect to
provide for engineering, contracting, and project supervision
must shall use a procurement system which requires
competitive sealed bids and public advertisement of all projects. All
bids for contracts in excess of one hundred thousand dollars must be
accompanied by certified bid bonds, and all work awarded under
such the contracts must be covered by performance
and payment bonds for one hundred percent of the contract value. Bid
summaries must be published in a newspaper of general distribution
following each award.
(J) There are authorized the issuance of state highway bonds for
the completion of projects for which `C' funds may be expended for
projects as determined by the transportation committee. The
applicable source for payment of principal and interest on the bonds
is the share of `C' fund revenues available for use by the
transportation committee. The application for such the
bonds must be filed by the transportation committee with the
commission Department of Transportation and the
State Treasurer, which shall in turn shall forward the
application to the State Budget and Control Board which shall
consider the application in the same manner that it considers state
highway bonds, mutatis mutandis."
SECTION 45. Section 12-27-1270 of the 1976 Code, as last
amended by Section 49, Part II, Act 164 of 1993, is further amended
to read:
"Section 12-27-1270. The first eighteen million dollars
generated from the tax levied in Sections 12-27-1210, 12-27-1220,
12-27-1230, and 12-27-1240 must be segregated in a separate account
for economic development. This account may be expended only upon
the authorization of the South Carolina Coordinating Council
for Economic Development of the Department of Commerce
which shall establish project priorities. Funds devoted to the economic
development account must remain in the account if not expended in
the previous fiscal year. Annually, funds from the tax levied in
Section 12-27-1210 must be deposited to replenish the account to the
extent and in an amount necessary to maintain an uncommitted
and/or an unobligated, or both, fund balance of
eighteen million dollars but not to exceed eighteen million dollars for
the ensuing fiscal year. The council may spend no more than two
hundred fifty thousand dollars, in the first year only, for a long-term
economic development plan which must be submitted to the General
Assembly on completion of the plan. The council may spend not
more than sixty thousand dollars annually for a state infrastructure
model."
SECTION 46. Section 12-36-1710(G) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(G) The Department of Revenue and Taxation and
the Division of State Aeronautics
Administration of the Department of Commerce may not issue
a license or transfer of title without first procuring from the
Department of Revenue and Taxation information showing that
the excise tax has been collected. The Department of Natural
Resources may not license any boat or register any motor without first
procuring from the Department of Revenue and Taxation
information showing that the excise tax has been collected."
SECTION 47. Section 12-36-2570 of the 1976 Code, as last
amended by Section 103, Part II, Act 164 of 1993, is further amended
to read:
"Section 12-36-2570. (A) The taxes imposed under the
provisions of this chapter, except as otherwise provided, are due and
payable in monthly installments on or before the twentieth day of the
month following the month in which the tax accrues.
(B) On or before the twentieth day of each month, every person on
whom the taxes under this chapter are imposed shall render to the
commission department, on a form prescribed by it,
a true and correct statement showing, by location, the gross proceeds
of wholesale and retail sales of his business, and sales price of the
property purchased for storage, use, or consumption in this State,
together with other information the commission
department may require.
(C) At the time of making a monthly report, the person shall
compute the taxes due and pay to the commission
department the amount of taxes shown to be due. A return
is considered to be timely filed if the return is mailed and has a
postmark dated on or before the date the return is required by law to
be filed.
(D) The commission department may permit the
filing of returns every twenty-eight days. These returns must be filed
within twenty days following the period covered by the return.
(E) The commission department may enter into an
agreement with a taxpayer which allows the taxpayer to remit the tax
on statistical factors as set forth in the agreement. This method of
reporting only applies to purchases by the taxpayer for its use, storage,
or consumption, and not to purchases by the taxpayer for
resale."
SECTION 48. The second paragraph of Section 12-36-2610 of the
1976 Code, as last amended by Section 98, Part II, Act 164 of 1993,
is further amended to read:
"In no case is a discount allowed if the return, or the tax on
it is received after the due date, pursuant to Section 12-36-2570, or
after the expiration of any extension granted by the
commission department. The discount permitted a
taxpayer under this section may not exceed three thousand dollars
during any one state fiscal year. However, a person making sales into
this State who cannot be required to register for sales and use tax
under applicable law but who nevertheless voluntarily registers to
collect and remit use tax on items of tangible personal property sold
to customers in this State is entitled to a discount on returns filed as
otherwise provided in this section not to exceed ten thousand dollars
during any one state fiscal year."
SECTION 49. The first paragraph of Section 12-37-930 of the 1976
Code is amended to read:
"All property shall must be valued for
taxation at its true value in money which in all cases shall be held
to be is the price which the property would bring
following reasonable exposure to the market, where both the seller and
the buyer are willing, are not acting under compulsion, and are
reasonably well informed as to the uses and purposes for which it is
adapted and for which it is capable of being used. Provided,
however, that Acreage allotments or marketing quota allotments
for any a commodity as established under any
a program of the United States Department of Agriculture
shall be are classified as incorporeal
hereditaments, and the market value of any real
property to which they are attached shall may not
include the value, if any, of such the acreage allotment
or marketing quota. Provided, further, Fair market value of
manufacturer's machinery and equipment used in the conduct of the
manufacturing business, excluding, however, vehicles licensed by the
Highway Department department, boats, and
airplanes shall must be determined by reducing the
original cost by an annual allowance for depreciation as stated in the
following schedule."
SECTION 50. The last paragraph of Section 12-37-930 of the 1976
Code, as amended by Section 81, Part II, Act 164 of 1993, is further
amended to read:
"Notwithstanding the percentage allowance stated in the
schedule above, the commission department, after
examination of the relevant facts, may permit an adjustment in the
percentage allowance, with the total allowance not to exceed
twenty-five percent, on account of extraordinary obsolescence. The
commission department may set forth a depreciation
allowance, instead of the depreciation allowance provided in this
section, not to exceed twenty-five percent where the taxpayer can
provide relevant data concerning a useful life of the machinery and
equipment which is different from the period shown in this
section."
SECTION 51. Section 12-37-2680 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 12-37-2680. The assessed value of the vehicle must
be determined as of the first day of the month preceding the beginning
of the tax year for the vehicles. The assessed values must be
published in guides or manuals by the South Carolina Department of
Revenue and Taxation and provided to the auditor of each
county as often as may be necessary to provide for current values.
When the value of any vehicle is not set forth in the guide or
manual, the auditor shall determine the value from other
available information. Any person aggrieved by the valuation of his
motor vehicle may appeal, within thirty days of the board's
decision, to the South Carolina Department of Revenue and
Taxation Administrative Law Judge Division and the
department presiding administrative law judge may
increase, decrease, or affirm the value so determined.
Appeals under this section are confined to the record."
SECTION 52. Subsection (A) of Section 12-43-300 of the 1976
Code, as last amended by Act 181 of 1993, is further amended to
read:
"Section 12-43-300. (A) Whenever the market value estimate
of any property is fixed by the assessor at a sum greater by one
thousand dollars or more than the amount returned by the owner or his
agent, or whenever any property is valued and assessed for taxation
which has not been returned or assessed previously, the assessor shall,
on or before July first, or as soon thereafter as may be practicable, in
the year in which the valuation and assessment is made give written
notice thereof to the owner of the property or his agent. In
reassessment years, the written reassessment notice to owners or agents
must be given by July first. If there is no timely written notice, the
prior year's assessed value must be the basis for assessment for the
current taxable year. The notice must include the prior market value,
the total market value estimate, the value estimate if applicable, the
assessment ratio, the total new assessment, the percentage changes
over the prior market value, if there is no change in use or physical
characteristics of the property, number of acres or lots, location of
property, tax map, appeal procedure, and other pertinent ownership
and legal description data required by the South Carolina Department
of Revenue and Taxation. The notice may be served upon the
owner or his agent personally or by mailing it to the owner or his
agent at his last known place of residence which may be determined
from the most recent listing in the applicable telephone directory,
Department of Revenue and Taxation Motor Vehicle
Registration List, county treasurer's records, or official notice from the
property owner or his agent. The owner or his agent, if he objects to
the valuation and assessment, shall serve written notice of his
objection upon the assessor within thirty days of the date of the
mailing of the notice. In years when there is no notice of appraisal
because of a less than one thousand dollar change or no change in the
appraised or assessed value, the owner or agent has until March first
to serve written notice of objection upon the assessor of the appraised
or assessed value. In those years, failure to serve written notice of
objection by March first constitutes a waiver of the owner's right of
appeal for that tax year and the assessor is not required to review any
request filed after March first. The assessor shall then schedule a
conference with the owner or agent within twenty days of receipt of
the notice. If the assessor requests it, the owner, within thirty days
after the conference, shall complete and return to the assessor the form
as may be approved by the Department of Revenue and
Taxation relating to the owner's property and the reasons for his
objection. Within thirty days after the conference, or as soon
thereafter as practicable, the assessor shall mail written notice of his
action upon the objection to the owner. The owner or agent, if still
aggrieved by the valuation and assessment, may appeal from the action
to the Board of Assessment Appeals by giving written notice of the
appeal and the grounds thereof to the assessor within thirty days from
the date of the mailing of the notice. The assessor shall notify
promptly the Board of Assessment Appeals of the appeal.
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.
The grounds for the appeal shall be filed with the board. The board,
shall, upon receipt of the Notice of Appeal, deliver a copy thereof to
the assessor or the owner. Appeals under this section are confined to
the record."
SECTION 53. Section 12-53-220 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 12-53-220. When a jeopardy assessment has been
made pursuant to Section 12-53-210, the collection of the whole or
any amount of such the assessment may be stayed by
filing with the Department of Revenue and Taxation, within
such a time as may be fixed by regulations prescribed
by the department, a bond in an amount as to which a stay is desired,
conditioned for the payment of the amount hereinafter
specified at the time when such the tax would be due
if such a tax is not due at the time of the making of
such a jeopardy assessment, or if such
the tax is due or overdue at the time of the making of
such a jeopardy assessment, at such
the time as may be fixed by such regulations.
A bond as contemplated in this article shall must be
in the form of a surety bond issued by a surety company licensed to
do business in South Carolina by the insurance department
Department of Insurance of this State, or cash which
shall may not bear interest, or negotiable securities
subject to the approval of the State Treasurer. The bond in all
instances would be conditioned upon the payment of the full amount
of the assessment together with applicable interest, penalties,
and costs of collection."
SECTION 54. Section 12-54-1010 of the 1976 Code, as added by
Act 164 of 1993, is amended to read:
"Section 12-54-1010. (A) Every department, board,
commission, division, authority, district, or other agency of the State
or its subdivisions, including a municipality or district, issuing or
renewing a license or other authority to conduct a profession, trade, or
business annually shall furnish to the commission
department on forms it requires by regulation before July
thirty-first a list of all persons furnishing goods, services, or real estate
space to the agency during the preceding fiscal year. The
commission department, in its discretion, by
regulation, may require municipalities and districts with a population
exceeding a level it determines to furnish annually the information
required under this item.
(B) The lists provided to the commission
department pursuant to subsection (A) must contain the name,
address, and social security or federal identification number of the
licensee or provider and other information the commission
department may require by regulation.
(C) If the commission department determines from
the information pursuant to subsections (A) and (B) or otherwise that
a person who holds a license or other authority issued by an agency,
as defined in subsection (A), or who has agreed to furnish goods,
services, or real estate space to an agency has neglected or refused to
file returns or to pay a tax required under provisions of law
administered by the commission department and that
the person has not filed in good faith a pending application for
abatement of the tax or a pending petition before the appropriate
authority contesting the tax, the commission
department shall notify the agency and the person in writing
of that fact. Upon written request of the commission
department and after a hearing and notice to the licensee as
required under applicable provisions of law, the agency shall revoke
or suspend the license or certificate of authority if the agency finds the
returns and taxes required under this title have not been filed or paid
and that the licensee has not filed in good faith a pending application
for abatement of the tax or a pending petition before the appropriate
authority contesting the tax. For the purpose of these findings, the
written representation to that effect by the commission
department to the agency constitutes prima facie evidence of
that fact. The commission department may intervene
in a hearing conducted with respect to license revocation or
suspension. Findings made by the agency with respect to license
revocation or suspension must be made only for the purposes of the
proceeding and are not relevant to and must not be introduced in
another proceeding at law, except for an appeal from license
revocation or suspension. A license or other authority suspended or
revoked under this section must not be reissued or renewed until the
agency receives a certificate issued by the commission
department that the licensee is in good standing with respect
to returns due and taxes payable to the commission
department as of the date of issuance of the certificate,
including taxes and returns referenced in the initial notification. A
person aggrieved by a decision pursuant to this section may appeal
pursuant to the Administrative Procedures Act."
SECTION 55. Section 12-54-1020(C) of the 1976 Code, as added
by Act 164 of 1993, is amended to read:
"(C) An agency, as defined in Section 12-54-1010(A), which
has been notified by the commission department
pursuant to provisions of law administered by the commission
department that a person who holds a license or certificate of
authority issued by the agency or who has agreed to furnish goods,
services, or real estate space to the agency has neglected or refused to
file returns or to pay a tax required and that the person has not filed
in good faith a pending application for abatement of the tax or a
pending petition before the appropriate authority contesting the tax,
shall refuse to reissue, renew, or extend the license or other authority,
contract, or agreement until the agency receives a certificate issued by
the commission department that the person is in good
standing with respect to returns due and taxes payable to the
commission department as of the date of issuance of
the certificate, including returns and taxes referenced in the initial
notification."
SECTION 56. Section 13-1-10, as added by Act 181 of 1993, is
amended to read:
"Section 13-1-10. (A) The Department of Commerce is
established as an administrative agency of state government which is
comprised of a Division of State Development, a Division of
Savannah Valley Development, a Division of State
Aeronautics Administration, a Division of Public Railways,
and an Advisory a Coordinating Council for Economic
Development. Each division of the Department of Commerce shall
have such functions and powers as provided for by law.
(B) All functions, powers, and duties provided by law to the State
Development Board, the Savannah Valley Authority, the South
Carolina Aeronautics Commission, the South Carolina Public Railways
Commission, and the Coordinating Council for Economic
Development, its officers or agencies, are hereby transferred to the
Department of Commerce together with all records, property,
personnel, and unexpended appropriations. All rules, regulations,
standards, orders, or other actions of these entities shall remain in
effect unless specifically changed or voided by the department in
accordance with the Administrative Procedures Act."
SECTION 57. Section 13-1-10 of the 1976 Code, as added by Act
181 of 1993, is amended to read:
"Section 13-1-10. (A) The Department of Commerce is
established as an administrative agency of state government which is
comprised of a Division of State Development, a Division of
Savannah Valley Development, a Division of State
Aeronautics Administration, a Division of Public Railways,
and an Advisory a Coordinating Council for Economic
Development. Each division of the Department of Commerce shall
have such functions and powers as provided for by law.
(B) All functions, powers, and duties provided by law to the State
Development Board, the Savannah Valley Authority, the South
Carolina Aeronautics Commission, the South Carolina Public Railways
Commission, and the Coordinating Council for Economic
Development, its officers or agencies, are hereby transferred to the
Department of Commerce together with all records, property,
personnel, and unexpended appropriations. All rules, regulations,
standards, orders, or other actions of these entities shall remain in
effect unless specifically changed or voided by the department in
accordance with the Administrative Procedures Act."
SECTION 58. Section 13-1-20 of the 1976 Code, as added by Act
181 of 1993, is amended to read:
"Section 13-1-20. The Department of Commerce shall
conduct an adequate statewide program for the stimulation of
economic activity to develop the potentialities of the State; manage
the business and affairs of the Savannah Valley Development;
develop state public airports and an air transportation system that is
consistent with the needs and desires of the public; develop the state
public railway system for the efficient and economical movement
of freight, goods, and other merchandise; and enhance the economic
growth and development of the State through strategic planning and
coordinating activities."
SECTION 59. Article 7, Chapter 1, Title 13 of the 1976 Code, as
added by Act 181 of 1993, is amended to read:
"Article 7
Division of State Aeronautics
Administration
Section 13-1-1110. The organization and objectives of the State
Aeronautics Administration, a division of the Department of
Commerce are stated in Chapters 1 through 9 of Title 55."
SECTION 60. Article 11, Chapter 1, Title 13 of the 1976 Code, as
added by Act 181 of 1993, is amended to read:
"Article 11
Advisory Coordinating Council
for Economic Development
Section 13-1-1710. There is hereby created the Advisory
Coordinating Council for Economic Development. The membership
shall consist of the Director of the Department of Commerce, the
Commissioner of Agriculture, the Chairman of the South Carolina
Employment Security Commission, the Director of the South Carolina
Department of Parks, Recreation and Tourism, the Chairman of the
State Board for Technical and Comprehensive Education, the
Chairman of the South Carolina Ports Authority, the Chairman of the
South Carolina Public Service Authority, the Chairman of the South
Carolina Jobs Economic Development Authority, the Chairman of the
South Carolina Department of Revenue and Taxation, and the
Chairman of the Small and Minority Business Expansion
Council South Carolina Research Authority. The Director
of the Department of Commerce shall serve as the chairman of the
advisory coordinating council.
Section 13-1-1720. (A) The advisory coordinating council
shall meet at least quarterly. It shall enhance the economic growth
and development of the State through strategic planning and
coordinating activities which must include:
(1) development and revision of a strategic state plan for
economic development. `Strategic state plan for economic
development' means a planning document that outlines strategies and
activities designed to continue, diversify, or expand the economic base
of South Carolina, based on the natural, physical, social, and economic
needs of the State;
(2) monitoring implementation of a strategic plan for economic
development through an annual review of economic development
activities or the previous year and modifying the plan as necessary;
(3) coordination of economic development activities of member
agencies of the advisory coordinating council and its advisory
committees;
(4) use of federal funds, foundation grants, and private funds in
the development, implementation, revision, and promotion of a
strategic plan for economic development;
(5) evaluation of plans and programs in terms of their
compatibility with state objectives and priorities as outlined in the
strategic plan for economic development.;
(6) authorization of expenditures from the economic
development account as provided in Section 12-27-1270.
(B) The advisory coordinating council may not engage in
the delivery of services.
Section 13-1-1730. The advisory coordinating council shall
make reports to the Governor, the chairmen of the Senate Finance and
House Ways and Means Committees, and the General Assembly at
least annually in the Department of Commerce's annual report on the
status and progress of economic development goals which have been
set for the State as a part of the ongoing planning process and on the
commitments, expenditures, and balance of the Economic
Development Account, with appropriate recommendations.
Section 13-1-1740. (A) The advisory coordinating council
shall make recommendations to the Governor, the General Assembly,
and the State Budget and Control Board as to the policies and
programs involved in the state's economic development it considers
necessary to carry out the objectives of the strategic plan.
(B) The advisory coordinating council shall review agency
requests for legislative appropriations for economic development and
may make recommendations to the Budget and Control Board and the
General Assembly concerning requests compatible with the objectives
of the strategic plan. Nothing in this section limits an agency's direct
access to the General Assembly, and comment by the advisory
coordinating council is not a part of the budget process.
Section 13-1-1750. Funds for technical, administrative, and clerical
assistance and other expenses of the advisory coordinating
council must be provided by the member agencies. The
advisory coordinating council may establish technical advisory
committees in order to assist in the development of a strategic plan for
economic development. The advisory coordinating council
shall seek to utilize data relevant to the economic growth and
development of the State which is available from the Department of
Transportation, the University of South Carolina, Clemson University,
and other state agencies and organizations.
Section 13-1-1760. If any provision of Sections 13-1-1710 through
13-1-1760 is in conflict with any existing provisions of law pertaining
to the member agencies of the advisory coordinating council,
notwithstanding the fact that the provisions of law contained in
Sections 13-1-1710 through 13-1-1760 have a later effective date, the
prior provision controls. Neither Sections 13-1-1710 through
13-1-1760 nor the advisory coordinating council shall infringe
upon nor diminish the self-governing autonomy of the agencies
involved."
SECTION 61. Section 13-17-40 of the 1976 Code, as last amended
by Act 248 of 1991, is further amended to read:
"Section 13-17-40. The authority shall consist
consists of a board of twenty-two trustees that includes the
following ex officio members: President of the Council of Private
Colleges of South Carolina, Chairman of the South Carolina
Commission on Higher Education, President of Clemson University,
President of the Medical University of South Carolina, President of
South Carolina State College, President of the University of South
Carolina, President of Francis Marion College, Chairman of the State
Board for Technical and Comprehensive Education, Chairman of
the State Development Board Director of the Department of
Commerce or his designee, Governor of South Carolina or his
designee, and Chairman of the Technical Advisory Board of the
Authority.
The Governor shall name the chairman who must not be a public
official and who shall serve at the pleasure of the Governor.
The remaining ten trustees must be elected by the board of trustees
from a list of nominees submitted by an ad hoc committee named by
the chairman and composed of the members serving as elected
trustees. The original elected trustees must be the same members
serving as elected trustees on the authority's predecessor organization
on January 1, 1983, for the terms specified by the bylaws of the
authority's predecessor. Each of the Congressional Districts of South
Carolina shall must have at least one of the ten
trustees.
Terms of elected trustees are for four years, and half shall
expire every two years. No elected trustee shall may
serve more than two consecutive four-year elected terms. Vacancies
must be filled for the unexpired term in the manner of original
appointment.
Ex officio trustees shall serve as long as they are elected or
appointed to their respective offices. In the event of a vacancy of a
public sector trustee, the person who temporarily performs the
official's functions shall serve as an interim trustee until a new official
is elected or appointed.
A vacancy occurs upon the expiration of the term of service, death,
resignation, disqualification, or removal of any a
trustee. No trustee shall may receive a salary for his
services as a trustee;. However, all shall
must be reimbursed for actual expenses incurred in service to
the authority.
The board annually shall annually submit a report
to the General Assembly including information on all acts of the board
of trustees together with a financial statement and full information as
to the work of the authority.
The board shall hire a director who shall maintain through a
designated agent accurate and complete books and records of account,
custody, and responsibility for the property and funds of the authority
and control over the authority bank account. The director, with the
approval of the board, has the power to appoint officers and
employees, to prescribe their duties, and to fix their compensation.
The board of trustees shall select a reputable certified public
accountant to audit the books of account at least once each year.
Regular meetings of the board of trustees must be held at
such the time and place as the board of trustees
may determine. Special meetings of the board of trustees may be
called by the chairman when reasonable notice is given."
SECTION 62. Section 15-9-410 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 15-9-410. The provisions of Sections 15-9-390 and
15-9-400 shall not apply to any incorporated air carrier holding a
certificate of public convenience and necessity from the Division
of State Aeronautics Administration of the
Department of Commerce."
SECTION 63. The first two unnumbered paragraphs of Section
16-3-1120 of the 1976 Code, as last amended by Act 181 of 1993, are
further amended to read:
"Section 16-3-1120. A director of the Victim's
Compensation Fund must be appointed by the Governor and shall
serve at his pleasure. The director is responsible for administering the
provisions of this article. Included among the duties of the director
is the responsibility, with approval of after consultation
with the South Carolina Crime Victim's Advisory Board as
established in this article, for developing and administering a plan for
informing the public of the availability of the benefits provided under
this article and procedures for filing claims for the benefits.
The director, upon approval by the South Carolina Crime
Victim's Advisory Board, has the following additional powers and
duties:"
SECTION 64. Section 16-3-1130(3) of the 1976 Code, as last
amended by Act 181 of 1989, is further amended to read:
"(3) The field representative conducting the investigation
shall file with the deputy director a written report setting forth
a recommendation and his reason for the recommendation. The
deputy director shall render a written decision and furnish the
claimant with a copy of the decision."
SECTION 65. Section 16-3-1140 of the 1976 Code, as last amended
by Act 181 of 1989, is further amended to read:
"Section 16-3-1140. (1) The claimant may, within thirty
days after receipt of the report of the decision of the Deputy
Director director make an application in writing to the
Deputy Director director for review of the decision.
(2) Upon receipt of an application for review pursuant to
subsection (1) of this section, the Deputy Director
director shall forward all relevant documents and information
to the Chairman of the Crime Victim's Advisory Board. The
Chairman chairman shall appoint a three-member
panel of the Board board which shall review the
records and affirm or modify the decision of the Deputy
Director director; provided, that the Chairman
chairman may order, in his discretion, that any particular case
must be heard by the full Board board. If considered
necessary by the Board board or its panel or if
requested by the claimant, the Board board or its panel
shall order a hearing prior to rendering a decision. At the hearing any
relevant evidence, not legally privileged, is admissible. The
Board board or its panel shall render a decision within
ninety days after completion of the investigation. The action of the
Board board or its panel is final and nonappealable.
If the Deputy Director director receives no application
for review pursuant to subsection (1), his decision becomes the final
decision of the Victim's Compensation Fund.
(3) The Board board or its panel, for purposes of
this article, may subpoena witnesses, administer or cause to be
administered oaths, and examine such parts of the books and records
of the parties to proceedings as relate to questions in dispute.
(4) The Deputy Director director shall within ten
days after receipt of the Board's board's or panel's
final decision make a report to the claimant including a copy of the
final decision and the reasons why the decision was made."
SECTION 66. Section 16-3-1150 of the 1976 Code, as last amended
by Act 181 of 1989, is further amended to read:
"Section 16-3-1150. Notwithstanding the provisions of
Section 16-3-1130, if it appears to the deputy director that the
claim is one with respect to which an award probably will be made
and undue hardship will result to the claimant, if immediate payment
is not made, the deputy director may make one or more
emergency awards to the claimant pending a final decision in the case,
provided that (a) the amount of each emergency award shall not
exceed five hundred dollars, (b) the total amount of such emergency
awards shall not exceed one thousand dollars, (c) the amount of such
emergency awards must be deducted from any final award made to the
claimant, and (d) the excess of the amount of any emergency award
over the amount of the final award, or the full amount of any
emergency award if no final award is made, must be repaid by the
claimant to the Victim's Compensation Fund as created by this
article."
SECTION 67. Section 16-3-1200 of the 1976 Code, as last amended
by Act 489 of 1984, is further amended to read:
"Section 16-3-1200. In determining the amount of an award,
the Deputy Director director, the board, or its panel
shall determine whether because of his conduct the victim or
intervenor of such crime contributed to the infliction of his injury, and
the Deputy Director director, the Board
board, or its panel may reduce the amount of the award or
reject the claim altogether in accordance with such determination;
provided, however, the Deputy Director director, the
Board board, or its panel may disregard for this
purpose the contribution of an intervenor for his own injury or death
where the record shows that the contribution was attributable to efforts
by the intervenor as set forth in subsection (8) of Section
16-3-1110."
SECTION 68. Section 16-3-1230(3) of the 1976 Code, as last
amended by Act 489 of 1984, is further amended to read:
"(3) Claims must be filed in the office of the Deputy
Director director by mail or in person. The Deputy
Director director shall accept for filing all claims
submitted by persons eligible under subsection (1) of this section and
meeting the requirements as to the form of the claim contained in the
regulations of the Board board."
SECTION 69. Section 16-3-1260 of the 1976 Code is amended to
read:
"Section 16-3-1260. (1)Any A payment of
benefits to, or on behalf of, a victim or intervenor or eligible family
member under this article shall create creates a debt
due and owing to the State by any a person found in
a court of competent jurisdiction of this State to have committed
such the criminal act.
(2) The circuit court, when placing on probation any
a person who owes a debt to the State as a consequence of a
criminal act, may set as a condition of probation the payment of the
debt or a portion of the debt to the State. The court also may
also set the schedule or amounts of payments subject to
modification based on change of circumstances.
(3) The Department of Probation, Parole and
Community Corrections shall Pardon Services also
have has the right to make payment of the debt or a
portion of the debt to the State a condition of parole.
(4) When a juvenile is adjudicated delinquent in a family court
proceeding involving a crime upon which a claim under this article
can be made, the family court in its discretion may order that the
juvenile pay the debt to the Victim's Compensation Fund as created
by this article as an adult would have to pay had an adult committed
the crime. Any assessments so ordered may be made a
condition of probation as provided in Section 20-7-1330.
(5) Payments authorized or required under this section must be
paid to the Victim's Compensation Fund. The Director of the
Victim's Compensation Fund shall coordinate the development of
policies and procedures for the South Carolina Department of
Corrections, the South Carolina Office of Court
Administration, and the South Carolina Board
Department of Probation, Parole and Community
Corrections Pardon Services to assure that victim
restitution programs are administered in an effective manner to
increase payments into the Compensation Fund.
(6) Restitution payments to the Victim's Compensation Fund may
be made by the Department of Corrections from wages accumulated
by offenders in its custody who are subject to this article, except that
offenders wages shall must not be used for this
purpose if such the monthly wages are at or below
minimums required to purchase basic necessities."
SECTION 70. Section 16-3-1300 of the 1976 Code, as last amended
by Act 489 of 1984, is further amended to read:
"Section 16-3-1300. Any award made under this article must
be paid in accordance with the discretion and decision of the
Deputy Director director as to the manner of payment,
subject to the regulations of the board and not inconsistent with the
Board's board's or panel's award. No award made
pursuant to this article is subject to garnishment, execution, or
attachment other than for expenses resulting from the injury which is
the basis for the claim. In every case providing for an award to a
claimant under this article, the Deputy Director
director, the Board board, or its panel may,
if in its opinion the facts and circumstances of the case warrant it,
convert the award to be paid into a partial or total lump sum, without
discount."
SECTION 71. Section 16-3-1340 of the 1976 Code, as last amended
by Act 181 of 1989, is further amended to read:
"Section 16-3-1340. A claimant may be represented by an
attorney in proceedings under this article. Fees for such attorney must
be paid from the Victim's Compensation Fund, subject to the approval
of the Director director, except that in the event of an
appeal pursuant to Section 16-3-1140, attorneys' fees are subject to the
approval of the Board board or its panel hearing the
appeal. Attorneys for the South Carolina Workers' Compensation
Fund shall represent the South Carolina Victim's Compensation Fund
in proceedings under this article.
Any person who receives any fee or other consideration or any
gratuity on account of services so rendered, unless such consideration
or gratuity is approved by the Deputy Director
director, or who makes it a business to solicit employment for
a lawyer or for himself in respect to any claim or award for
compensation is guilty of a misdemeanor and, upon
conviction, must for each offense, be punished by a
fine of not more than five hundred dollars or by imprisonment not to
exceed one year, or by both such fine and imprisonment."
SECTION 72. Section 16-3-1410 of the 1976 Code is amended to
read:
"Section 16-3-1410. The Victim Compensation Fund is
authorized to provide the following victim assistance services,
contingent upon an appropriation of funds therefor by the General
Assembly:
(A) Provide information, training, and technical assistance to state
and local agencies and groups involved in victim/witness and domestic
violence assistance, such as the Attorney General's Office, the
solicitors' offices, law enforcement agencies, judges, hospital staff,
rape crisis centers, and spouse abuse shelters.
(B) Provide recommendations to the Governor and General
Assembly on needed legislation and services for victims.
(C) Serve as a clearinghouse of victim/witness information.
(D) Develop guidelines for the implementation of victim/witness
assistance programs.
(E) Develop ongoing public awareness and programs to assist
victims, such as newsletters, brochures, television and radio spots and
programs, and news articles.
(F) Provide staff support for a state level advisory group
representative of all agencies and groups involved in victim/witness
and domestic violence services to improve coordination efforts.
(G) Coordinate the development and implementation of policy and
guidelines for the treatment of victims/witnesses with appropriate
agencies, with initial emphasis in the following three areas:
(1) The State Victim/Witness Program shall work with the
solicitors of this State, the Attorney General's Office, and relevant
professional organizations to develop guidelines for solicitors
to follow in the handling of victims, to include but not be limited to:
(a) Periodically informing victims of the status of a case.
(b) Providing information to the court on the views of victims
of violent crime on bail decisions, continuances, plea bargains,
dismissals, sentencing, and restitution.
(c) Pursuing charges of defendants who harass, threaten,
injure, or otherwise attempt to intimidate or retaliate against victims
or witnesses.
(d) Utilizing a victim and witness on-call system.
(e) Developing procedures for the prompt return of victims'
property.
(f) Considering the views of victims and witnesses
concerning the use of case continuances.
(g) Informing the solicitors' offices about victim assistance
units and their effectiveness.
(h) Informing victims of the availability of civil as well as
criminal redress.
(2) The State Victim/Witness Program shall assist the Office of
Court Administration and South Carolina Sentencing Guidelines
Commission in developing guidelines for all judges to follow in the
handling of victims, to include but not be limited to:
(a) Scheduling of court proceedings and an on-call
notification system.
(b) Separate waiting rooms for prosecution and defense
witnesses.
(c) Special weight for a victim's interests when
considering requests for continuances.
(d) Special weight must be given to the victim's interest in
speedy return of property before trial in ruling on the admissibility of
photographs of that property.
(e) Child sexual assault/incest victims must be given practical
legal support by allowing them videotape, legal transcript, or closed
session testimony.
(3) The State Victim/Witness Program shall work with the
appropriate law enforcement officers' associations and other relevant
organizations to develop guidelines and model policies for law
enforcement agencies to utilize in handling and working with victims
of crime."
SECTION 73. Section 16-3-1550 of the 1976 Code, as last amended
by Act 579 of 1988, is further amended to read:
"Section 16-3-1550. (A) The provisions of this section
govern the disposition of any offense within the jurisdiction of the
General Sessions Court general sessions court,
excluding any crime for which a sentence of death is sought, in any
case which involves an identified victim whose whereabouts are
known. At the option of the solicitor, the provisions of this section
also may be extended into the family court in conjunction with the
prosecution of juvenile offenders.
(B) It is the responsibility of the solicitor's Victim or
Witness Assistance Unit unit in each judicial circuit or
a representative designated by the solicitor or law enforcement
agency handling the case to advise all victims of their right
to submit to the court, orally or in writing at the victim's option, a
victim impact statement to be considered by the judge at the
sentencing or disposition hearing in general sessions court and at a
parole hearing. The solicitor's office or law enforcement
agency shall provide a copy of the written form to any victim who
wishes to make a written report. In those cases which the solicitor
determines that there has been extensive or significant impact on the
life of the victim, the Victim or Witness Assistance
Unit unit shall assist the victim in completing the
form. The victim shall submit this statement to the solicitor's office
within appropriate time limits set by the solicitor to be filed in the
court records by the solicitor's office so it may be available to the
defense for a reasonable period of time prior to sentencing. The court
shall allow the defendant to have the opportunity to rebut the victim's
written statement if the court decides to review any part of the
statement before sentencing. If the defendant is incarcerated, the
solicitor shall forward a copy of the impact statement and copies
of all completed Victim/Witness Notification Requests to the
Department of Corrections and to the Parole and Community
Corrections Board Department of Probation, Parole and
Pardon Services. In the case of juvenile offenders, if the
solicitor so opts, a copy shall be forwarded to the appropriate office
of the Department of Juvenile Justice if the disposition of the case
involves any level of supervision by that agency. Solicitors
shall begin using these victim impact statements no later than January
1, 1985.
(C) The Attorney General's Office Executive Director
of the Commission on Prosecution Coordination, in coordination with
the solicitors, shall develop a standard form
forms for the victim impact statement. For this purpose, the
Attorney General executive director may seek the
assistance of any other state agency or department in developing
this form. The Attorney General's office shall distribute this form to
all solicitor's offices no later than November 1, 1984.
(D) The victim impact statement shall:
(1) Identify the victim of the offense;
(2) Itemize any economic loss suffered by the victim as a result
of the offense;
(3) Identify any physical and psychological injury suffered by
the victim as a result of the offense, along with its seriousness and
permanence;
(4) Describe any changes in the victim's personal welfare or
familial relationships as a result of the offense;
(5) Identify any request for psychological services initiated by
the victim or the victim's family as a result of the offense;
(6) Contain any other information related to the impact of the
offense upon the victim; and
(7) The original of the statement must be included in the court
file with one copy for the solicitor and one copy for the victim
upon request.
(E)(F) No sentence may be invalidated because of failure to
comply with the provisions of this section. This section must not be
construed to create any cause of action for monetary damages."
SECTION 74. Section 17-17-100 of the 1976 Code is amended to
read:
"Section 17-17-100. Any A judge before
whom a petition for a writ of habeas corpus is made by any
a person confined by the State Board
Department of Corrections in any of its places of confinement
who has been tried and convicted by a court of competent jurisdiction,
shall upon issuance of the writ of habeas corpus,
shall transfer the matter for hearing to any a
judge of any a court of competent jurisdiction in the
county where the person was convicted."
SECTION 75. Section 17-22-120 of the 1976 Code, as last amended
by Act 499 of 1992, is further amended to read:
"Section 17-22-120. In any a case in which
an offender agrees to an intervention program, a specific agreement
must be made between the solicitor and the offender. This agreement
shall must include the terms of the intervention
program, the length of the program and a section stating the period of
time after which the prosecutor will either dismiss the charge or seek
a conviction based upon that charge. The agreement must be signed
by the offender and his or her counsel, if represented by counsel, and
filed in the solicitor's office. The Commission on
Department of Alcohol and Other Drug Abuse
Services shall provide training if requested on the recognition
of alcohol and drug abuse to counselor employees of local pretrial
intervention programs, and the local agency authorized by
Section 61-5-320 shall provide services to alcohol and drug abusers if
referred by pretrial intervention programs. However, no services may
be denied due to an offender's inability to pay."
SECTION 76. Section 17-25-80 of the 1976 Code is amended to
read:
"Section 17-25-80. Notwithstanding the specific language
of the sentence which confines an inmate to `hard labor' in the
custody of the State Department of Corrections, the Commissioner
thereof director may assign such the
inmate to the type of labor he deems considers
appropriate and necessary for the benefit of the department and the
inmate concerned, and such the assignment shall fulfill
the conditions of the sentence."
SECTION 77. Section 17-25-145 of the 1976 Code is amended to
read:
"Section 17-25-145. The Department of Probation,
Parole and Community Corrections Pardon Services
must implement a community penalties program in each judicial
circuit of the State. The department at its discretion may operate the
program or contract with public or private agencies for necessary
services. Agencies or individuals may contract to prepare individual
community penalty program plans for offenders in a particular judicial
circuit as prescribed by the department."
SECTION 78. Section 17-25-370 of the 1976 Code is amended to
read:
"Section 17-25-370. In all criminal cases in which the
sentence of death is imposed and which are appealed to the Supreme
Court or in which notice of intention to appeal is given, when the
judgment below has been affirmed or the appeal dismissed or
abandoned, the clerk of the Supreme Court, when the remittitur is sent
down or the appeal is dismissed or abandoned, shall notify the
Commissioner director of the prison system or his
duly appointed officer in charge of the State Penitentiary of the
final disposition of such the appeal and, on the fourth
Friday after the receipt of such the notice the sentence
appealed from shall must be duly carried out
as provided by law in such cases, unless stayed by order of the
Supreme Court or respite or commutation of the Governor."
SECTION 79. Section 17-25-380 of the 1976 Code is amended to
read:
"Section 17-25-380. Two copies of the notice shall
must be served or sent by registered mail to the
Commissioner director of the prison system or his
duly appointed officer in charge of the State Penitentiary. The
notice, when the sentence has been affirmed, shall
must read substantially as follows: `This is to notify you that
the sentence of death imposed in the case of State vs.
from which an appeal has been taken has been affirmed and finally
disposed of by the Supreme Court and the remittitur has been sent
down to the clerk of the court of general sessions of
County. It is, therefore, required of you by Section 17-25-370 of the
Code of Laws of South Carolina to execute the judgment and sentence
of death imposed on said defendant or defendants (if more than one)
on the fourth Friday after the service upon you or receipt of this
notice.'
When the appeal has been dismissed or abandoned the notice
shall must be substantially the same as when the
sentence has been affirmed except that the first sentence
thereof of the notice shall read as follows:
`This is to notify you that the appeal from the sentence of death
imposed in the case of State vs. has been dismissed (or
abandoned) and the notice has been sent down to the clerk of the court
of general sessions of County.'"
SECTION 80. Section 17-25-400 of the 1976 Code is amended to
read:
"Section 17-25-400. The Commissioner
director of the prison system or his duly appointed
officer shall immediately serve immediately one of the
copies of the notice upon the defendant personally."
SECTION 81. Section 20-7-640(D) of the 1976 Code is amended
to read:
"(D) The County Department of Social Services in each
county is designated as the Child Protective Service Agency, whose
duties are set forth in Section 20-7-650. The county in which the child
resides shall be the legal place of venue; provided, that in
conjunction with the powers enumerated in this section, each County
Board of Social Services shall appoint an advisory board to be
composed of resident professionals in the county in which the child
resides in the fields of medicine, including nurses, education, health,
social workers, members of the clergy and law enforcement officials,
if available for the purpose of determining the course of protective
action to be taken by the County Department of Social Services. These
recommendations are to be deemed advisory only. These appointments
to the advisory board shall be made in a nondiscriminatory
manner."
SECTION 82. Section 20-7-690(C)(4) of the 1976 Code is amended
to read:
"(4) any person engaged in a bona fide research purpose,
with written permission of and with any limitations imposed by the
Commissioner Director of the State Department of
Social Services;"
SECTION 83. Section 20-7-2020 of the 1976 Code is amended to
read:
"Section 20-7-2020. The officers and agencies of this State
and its subdivisions having authority to place children are empowered
to enter into agreements with appropriate officers or agencies of or in
other party states pursuant to item (b) of subsection 5 of the Interstate
Compact on the Placement of Children. Any agreement which
contains a financial commitment or imposes a financial obligation of
this State or subdivision or agency of it is not binding unless it has the
approval in writing of the State Treasurer in the case of the State and
of the Commissioner Director of the Department of
Social Services in the case of a subdivision of the State, as their
respective functions and duties may appear and be appropriate
pursuant to this subarticle."
SECTION 84. The first paragraph of Section 20-7-2340 of the 1976
Code is amended to read:
"The department shall establish fees for certain adoption and
related services. The fees must be charged on a scale related to
income as established by the state board department,
but the inability to pay a fee does not preclude the providing of any
service."
SECTION 85. Section 20-7-2379 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 20-7-2379. (A) There is created, as part
of the Office of the Governor, the Division for Review of the Foster
Care of Children. The division must be supported by a board
consisting of seven members, all of whom must be past or present
members of local review boards. There must be one member from
each congressional district and one member from the State at large, all
appointed by the Governor with the advice and consent of the Senate.
Terms of office for the members of the board are for four years and
until their successors are appointed and qualify. Of the initial
appointments, the Governor shall designate two members to serve for
one year, two for a term of two years, two for a term of three years,
and one for a term of four years. Thereafter After the
initial appointments, appointments must be made by the Governor
in the manner as prescribed above in this section for
terms of four years to expire on June thirtieth of the appropriate year.
The board shall elect from its members a chairman who shall serve for
two years. Four members of the board constitute a quorum for the
transaction of business. Members of the board shall receive per diem,
mileage, and subsistence as provided by law for members of boards,
commissions, and committees while engaged in the work of the board.
(B) The board shall meet at least quarterly and more
frequently upon the call of the division director to review and
coordinate the activities of the local review boards and make
recommendations to the General Assembly with regard to foster care
policies, procedures, and deficiencies of public and private agencies
which arrange for foster care of children as determined by the review
of cases provided for in items (A) and (B) of Section
20-7-2376(A) and (B). These recommendations must be
included in an annual report, filed with the General Assembly, of the
activities of the state office and local review boards. The board, upon
recommendation of the division director, shall promulgate regulations
to carry out the provisions of this subarticle. These regulations shall
provide for and must be limited to procedures for:
(1) reviewing reports and other necessary information
at state, county, and private agencies and facilities;
(2) scheduling of reviews and notification of interested
parties;
(3) conducting local review board and board of
directors' meetings;
(4) disseminating local review board recommendations,
including reporting to the appropriate Family Court family
court judges the status of judicially approved treatment plans;
and
(5) developing policies for summary review of
children privately placed in privately-owned facilities or group homes.
(C) The Governor may employ a director to serve at his
pleasure who may be paid an annual salary to be determined by the
General Assembly. The director may be removed pursuant to the
provisions of Section 1-3-240. The director shall employ staff as
is necessary to carry out the provisions of this subarticle, and the
staff must be compensated in an amount and in a manner as may
be determined by the General Assembly. The provisions of this
subarticle may must not be construed to provide for
subpoena authority."
SECTION 86. Section 20-7-2640(C) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(C) The Department of Health and Human Services or the
Department of Social Services shall provide coverage and benefits for
a child who is in another state and who is covered by an adoption
assistance agreement made by the Department of Social
Services for the coverage or benefits, if any, not provided by the
residence state. To this end, the adoptive parents acting for the child
may submit evidence of payment for services or benefit amounts not
payable in the residence state and must be reimbursed for them.
However, there is no reimbursement for services or benefit amounts
covered under insurance or other third party medical contract or
arrangement held by the child or the adoptive parents. The
department Department of Social Services shall
promulgate regulations implementing this subsection. The additional
coverages and benefit amounts provided pursuant to this subsection are
for the costs of services for which there is no federal contribution, or
which, if federally aided, are not provided by the residence state. The
regulations must include, but are not limited to, procedures to be
followed in obtaining prior approval for services in those instances
where required for the assistance."
SECTION 87. Section 20-7-2880(c) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(c) The decision of the department is final unless appealed
by a party to an administrative law judge pursuant to the
Administrative Procedures Act."
SECTION 88. Section 20-7-2930 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 20-7-2930. Whenever the health or fire safety
agency finds upon inspection that a child day care center or group day
care home is not complying with the applicable regulations, the
appropriate agency shall notify the department. The department shall
then request the operator to correct such deficiencies.
a. Every correction notice shall be in writing and shall include a
statement of the deficiencies found, the period within which the
deficiencies must be corrected and the provision of the subarticle and
regulations relied upon. The period shall be reasonable and, except
when the appropriate agency finds an emergency dangerous to the
health or safety of children, not less than thirty days from the receipt
of such notices.
b. Within two weeks of receipt of such notice, the operator of the
facility may file a written request with the department for
administrative reconsideration of the notice or any portion thereof.
c. The department shall grant or deny a written request and shall
notify the operator of action taken.
d. In the event that the operator of the facility fails to correct
deficiencies within the period prescribed, the department may suspend
the registration of the facility to be effective thirty days after date of
notice. An appeal may be taken to an administrative law
judge pursuant to the Administrative Procedures Act."
SECTION 89. Section 20-7-2940 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 20-7-2940. a. When the registration of a facility
has been suspended, the operator must be given prompt written notice.
The notice must indicate the reasons for the suspension and inform the
operator of the right to appeal the decision through administrative
channels to the department and according to established appeals
procedure for the department.
b. Upon appeal, the decision of the department is final unless
appealed by a party to an administrative law judge pursuant
to the Administrative Procedures Act."
SECTION 90. Section 20-7-3230(A)(4) of the 1976 Code, as last
amended by Acts 173 and 181 of 1993, 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 shall 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 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 Youth
Services 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 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 within twenty-four hours 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 Youth Services 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 committing county. The per diem paid by the county
must be based on the average operating cost among all preadjudicatory
state facilities. The Department of Youth Services Juvenile
Justice must assume one-third of the per diem cost and the
committing county 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 local law enforcement agency which takes the
juvenile into custody. Transportation of juveniles between department
facilities, if necessary, is the responsibility of the department."
SECTION 91. Section 20-7-5420(A) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(A) The State Council on Maternal, Infant, and Child
Health shall consist of the following members:
(1) the Director of the South Carolina Department of Health and
Environmental Control; the State Superintendent of Education or his
designee; the State Director of Social Services; the Director
of the South Carolina Department of Alcohol and Other Drug Abuse
Services; the State Director of Mental Health; the State Director of the
Department of Disabilities and Special Needs; the Director of the
Department of Health and Human Services; and the
Commissioner of the South Carolina Commission for the Blind;
and the Chairman of the Statewide Health Coordinating
Council; and
(2) a member of the Health Care Planning and Oversight
Committee, to be appointed by the chairman; and a member of the
Joint Legislative Committee on Children and Families, to be
appointed by the chairman.
The Governor shall appoint one representative of each of the
following organizations as a member of the council: South Carolina
Medical Association; South Carolina Chapter of the American
Academy of Pediatrics; South Carolina Chapter of the American
College of Obstetrics and Gynecology; South Carolina Chapter of the
Academy of Family Practice; South Carolina Hospital Association;
Medical University of South Carolina; University of South Carolina
School of Medicine; Clemson University Extension Service; South
Carolina Congress of Parents and Teachers; Developmental Disabilities
Council; South Carolina March of Dimes; South Carolina Nurses
Association; and South Carolina Perinatal Association.
The Governor shall appoint one member from each of the six
congressional districts of the State who represents business, civic,
community, and religious groups.
The Governor may appoint other ex officio members to the council
as are needed to provide information to assist in the work of the
council."
SECTION 92. Section 20-7-5910(A) of the 1976 Code, as added by
Section 88, Part II, Act 164 of 1993, is amended to read:
"(A) There is created a multi-disciplinary State Child Fatality
Advisory Committee composed of:
(1) the Commissioner Director of the South
Carolina Department of Social Services;
(2) the Commissioner Director of the South
Carolina Department of Health and Environmental Control;
(3) the State Superintendent of Education;
(4) the Executive Director of the South Carolina
Criminal Justice Academy Department of Public Safety;
(5) the Chief of the State Law Enforcement Division;
(6) the Commissioner Director of the South
Carolina Commission on Department of Alcohol and
Other Drug Abuse Services;
(7) the Commissioner Director of the State
Department of Mental Health;
(8) the Commissioner Director of the
State Department of Mental Retardation Disabilities
and Special Needs;
(9) the Commissioner Director of the
Department of Youth Services Juvenile Justice;
(10) an attorney with experience in prosecuting crimes against
children;
(11) a county coroner or medical examiner;
(12) a pediatrician with experience in diagnosing and treating
child abuse and neglect, appointed from recommendations submitted
by the State Chapter of the American Academy of Pediatrics; and
(13) a solicitor."
SECTION 93. Section 23-4-20 of the 1976 Code is amended to
read:
"Section 23-4-20. As used in this chapter:
(A) `Committee' means the Governor's Committee on Criminal
Justice, Crime and Delinquency.
(B) `Advisory Council' means the Juvenile Justice Advisory
Council.
(C) `J.P.C.' means the Judicial Planning Committee.
(D) `Office' means the Division of Public Safety Programs,
Office of the Governor Department of Public Safety, unless
the context indicates otherwise.
(E) `Criminal justice system and agencies' shall encompass all
state, local, and private nonprofit agencies and organizations involved
in law enforcement including line police agencies, adult and juvenile
corrections, adult and juvenile courts, prosecution and defense, as well
as private eleemosynary organizations of professional or citizen
membership involved in the system including organizations directly
related to crime and delinquency prevention."
SECTION 94. Section 23-4-110 of the 1976 Code, as last amended
by Act 248 of 1991, is further amended to read:
"Section 23-4-110. There is created the Governor's
Committee on Criminal Justice, Crime and Delinquency. The
committee must be composed of persons named by the Governor from
the State at large who are representative of agencies and organizations
comprising the state's criminal justice system as defined by this
chapter. In addition to the gubernatorially-appointed members, the
following criminal justice agency heads officials are
ex officio voting members:
(A) Commissioner Director, South Carolina
Department of Corrections;
(B) Executive Director, South Carolina Department of
Parole and Community Corrections Probation, Parole and
Pardon Services;
(C) Chief, State South Carolina Law Enforcement
Division;
(D) State Attorney General;
(E) Commander, State Highway Patrol Director,
Department of Public Safety;
(F) Commissioner Director, South Carolina
Department of Youth Services Juvenile Justice;
(G) Director, South Carolina Office of Court Administration;
(H) Chief Justice, South Carolina Supreme Court;
(I) Director, South Carolina Commission on
Department of Alcohol and Other Drug Abuse
Services;
(J) Executive Director, South Carolina Criminal Justice
Academy;
(K)(J) Chairman, Governor's Juvenile Justice Advisory
Council.
The Governor shall appoint the at-large members who shall serve
at his pleasure. The number of appointed at-large voting members on
the committee shall may not exceed twenty-eight. The
Governor shall appoint the chairman of the committee. The Director
of the Division of Public Safety Programs Department of
Public Safety shall designate a department employee to
serve as the executive secretary of the committee. The
executive secretary of the committee but may not vote.
Support staff for the committee must be provided by the Division
of Public Safety Programs Department of Public
Safety."
SECTION 95. Section 23-4-520(B) of the 1976 Code is amended
to read:
"(B) To analyze South Carolina's activities in the
administration of criminal justice and the nature of the problems
confronting it and to make recommendations and to develop
comprehensive plans of action for the improvement of criminal justice
for crime and delinquency control and related matters for
consideration and implementation by the appropriate agencies of state
and local government. In developing such these plans,
the office shall draw upon the planning capabilities of other agencies
such as the Judicial Department, the Department of Corrections, the
Department of Youth Services Juvenile Justice, the
Office of the Attorney General, and the State Law
Enforcement Division;"
SECTION 96. Section 23-6-50 of the 1976 Code, as added by Act
181 of 1993, is amended to read:
"Section 23-6-50. The Beginning with fiscal
year 1994-95, the director shall annually cause the department to
be audited. The audit must be conducted by a certified public
accountant or firm of certified public accountants to be selected by the
State Auditor. The designated accountant or firm of accountants shall
issue audited financial statements in accordance with generally
accepted accounting principles, and such financial statements shall be
made available annually by October fifteenth to the General Assembly.
The costs and expenses of the audit must be paid by the department
out of its funds."
SECTION 97. Article 9, Chapter 6, Title 23 of the 1976 Code, as
last amended by Act 181 of 1993, is further amended to read:
"Article 9
Division of Training and Continuing Education
Section 23-6-400. (A) There is created a Division of Training and
Continuing Education to operate a training program for law
enforcement officers and other persons employed in the criminal
justice system in this State and to establish and maintain minimum
standards in law enforcement selection and training.
(B) It is the intent of this article to encourage all law enforcement
officers, departments, and agencies within this State to adopt standards
which are higher than the minimum standards implemented pursuant
to this article, and these minimum standards in no way may be
considered sufficient or adequate in those cases where higher standards
have been adopted or proposed. Nothing herein may be construed to
preclude an employing agency from establishing qualifications and
standards for hiring or training law enforcement officers which exceed
the minimum standards set by the council, hereinafter created
department, nor, unless specifically stated, may anything
herein be construed to affect any sheriff, constable, or other law
enforcement officer elected under the provisions of the Constitution of
this State.
(C) It is the intent of the General Assembly in creating a
facility and a governing council The advisory council may
recommend to the director methods to maximize training
opportunities for law enforcement officers and criminal justice
personnel, to coordinate training, and to set standards for the law
enforcement and criminal justice service, all of which are imperative
to upgrading law enforcement to professional status.
(D) Whenever used in this article, and for the purposes of this
article, unless the context clearly denotes otherwise:
(1) `Law enforcement officer' means an appointed officer or
employee hired by and regularly on the payroll of the State or any of
its political subdivisions, who is granted statutory authority to enforce
all or some of the criminal, traffic, and penal laws of the State and
who possesses, with respect to those laws, the power to effect arrests
for offenses committed or alleged to have been committed.
(2) `Advisory Council' means the Law Enforcement
Training Advisory Council created by this article.
Section 23-6-410. The division must establish and maintain a
central training facility which must be located near the geographical
and population center of the State, and which shall provide facilities
and training for all officers from state, county, and local law
enforcement agencies and for other designated persons in the criminal
justice system; provided, that correctional officers and other personnel
employed or appointed by the South Carolina Department of
Corrections may be trained by the department. The Deputy Director
of the Division of Training and Continuing Education is responsible
for selection of instructors, course content, maintenance of physical
facilities, recordkeeping, supervision of personnel, scheduling of
classes, enforcement of minimum standards for certification, and other
matters as may be recommended by the advisory council and
approved by the Director of the Department of Public Safety."
SECTION 98. Section 23-6-420 of the 1976 Code, as added by Act
181 of 1993, is amended to read:
"Section 23-6-420. (A) There is created a South Carolina
Law Enforcement Training Advisory Council consisting of
fourteen thirteen members:
(1) the Attorney General of South Carolina;
(2) the Chief of the South Carolina Law Enforcement Division;
(3) the Commanding Officer of the South Carolina Highway
Patrol the Director of the Department of Public Safety;
(4) the Commanding Officer of the South Carolina State
Police the Director of the Department of Natural
Resources;
(5) the Commanding Officer of the State Natural Resources
Police;
(6) the Director of the Department of Corrections;
(7) (6) the Dean of the University of South
Carolina School of Law;
(7) the special agent in charge of the Federal Bureau of
Investigation, Columbia Division;
(8) one chief of police from a municipality having a population
of less than ten thousand;, this person to be appointed
by the Governor for a term of four years;
(9) one chief of police from a municipality having a population
of more than ten thousand;, this person to be
appointed by the Governor for a term of four years;
(10) one county sheriff engaged in full-time performance of
duties as a law enforcement officer and from a county having a
population of less than fifty thousand;, this person
to be appointed by the Governor for a term of four years;
(11) one county sheriff engaged in full-time performance of
duties as a law enforcement officer and from a county having a
population of more than fifty thousand, this person to be appointed by
the Governor for a term of four years;
(12) one person employed in the administration of any
municipality or holding a municipal elective office;,
this person to be appointed by the Governor for a term of four years;
(12) (13) one person employed in the
administration of county government or elected to a county governing
body;, this person to be appointed by the Governor for
a term of four years;.
(13) the special agent in charge of the Federal Bureau of
Investigation, Columbia Division;
(14) the Director of the Department of Public Safety.
(B)(1) The members provided for in (1) through (6)
(7) above are ex officio members with full voting rights.
(2) The members provided for in (7) (8) through
(11) (13) above shall serve terms as herein provided.
In the event that a vacancy arises it must be filled for the remainder
of the term in the manner of the original appointment or designation.
(C) This council shall elect one of its members The
Director of the Department of Public Safety shall serve as
chairman of the advisory council. The advisory council may elect
another one of its members to serve as vice-chairman and one
as vice-chairman; these shall serve a term of one year in this capacity
and may be re-elected. The advisory council shall meet
at the call of the chairman or at the call of a majority of the members
of the advisory council, but no fewer than four times each
year. The advisory council shall establish its own procedures
with respect to quorum, place, and conduct of meetings.
(D) Members of the advisory council shall serve without
compensation.
(E) A An advisory council member who terminates
his holding of the office or employment which qualified him for
appointment shall cease immediately to be a member of the
advisory council; the person appointed to fill the vacancy
shall do so for the unexpired term of the member whom he succeeds.
Section 23-6-430. No law enforcement officer employed or
appointed on or after July 1, 1989, by any public law enforcement
agency in this State is authorized to enforce the laws or ordinances of
this State or any political subdivision thereof unless he has been
certified as qualified by the council Department of Public
Safety, except that any public law enforcement agency in this
State may appoint or employ as a law enforcement officer, a person
who is not certified if, within one year after the date of employment
or appointment, the person secures certification from the
council department; provided, that if any public law
enforcement agency employs or appoints as a law enforcement officer
a person who is not certified, the person shall not perform any of the
duties of a law enforcement officer involving the control or direction
of members of the public or exercising the power of arrest until he has
successfully completed a firearms qualification program approved by
the council department; and provided, further, that
within three working days of employment the council
department must be notified by a public law enforcement
agency that a person has been employed by that agency as a law
enforcement officer, and within three working days of the notice the
firearms qualification program as approved by the council
director must be provided to the newly hired personnel. If
the firearms qualification program approved by the council
director is not available within three working days after
receipt of the notice, then the public law enforcement agency making
the request for the firearms qualification program may employ the
person to perform any of the duties of a law enforcement officer,
including those involving the control and direction of members of the
public and exercising the powers of arrest. Should any such person
fail to secure certification within one year from his date of
employment, he may not perform any of the duties of a law
enforcement officer involving control or direction of members of the
public or exercising the power of arrest until he has been certified. He
is not eligible for employment or appointment by any other agency in
South Carolina as a law enforcement officer, nor is he eligible for any
compensation by any law enforcement agency for services performed
as an officer. Exceptions to the one-year rule may be granted by the
council director in these cases:
(a) military leave or injury occurring during that first year
which would preclude the receiving of training within the usual period
of time; or
(b) in the event of the timely filing of application for training,
which application, under circumstances of time and physical
limitations, cannot be honored by the training academy within the
prescribed period; or
(c) upon presentation of documentary evidence that the
officer-candidate has successfully completed equivalent training in one
of the other states which by law regulate and supervise the quality of
police training and which require a minimum basic or recruit course
of duration and content at least equivalent to that provided in this
article or by standards set by the South Carolina Law Enforcement
Training Council Department of Public Safety; or
(d) if it is determined by documentary evidence that the training
will result in undue hardship to the requesting agency, the requesting
agency must propose an alternate training schedule for approval.
Section 23-6-440. (A) At the request of any public law
enforcement agency of this State the council
department is hereby authorized to issue certificates and other
appropriate indicia of compliance and qualification to law enforcement
officers or other persons trained under the provisions of this article.
Members of the advisory council may individually or
collectively visit and inspect any training school, class, or academy
dealing with present or prospective law enforcement officers, and are
expected to promote the most efficient and economical program for
police training, including the maximum utilization of existing facilities
and programs for the purpose of avoiding duplication. The
advisory council may, at the request of the director,
make recommendations to the director, the General
Assembly, or to the Governor regarding the carrying out of
the purposes, objectives, and intentions of this article or other acts
relating to training in law enforcement.
(B) All city and county police departments, sheriffs' offices, state
agencies, or other employers of law enforcement officers having such
officers as candidates for certification shall submit to the
council director, for its his confidential
information and subsequent safekeeping, the following:
(1) an application under oath on a format prescribed by
council director;
(2) evidence satisfactory to the council director
that the candidate has completed high school and received a high
school diploma, equivalency certificate (military or other) recognized
and accepted by the South Carolina Department of Education or South
Carolina special certificate;
(3) evidence satisfactory to council the director
of the candidate's physical fitness to fulfill the duties of a law
enforcement officer including:
(a) a copy of his medical history compiled by a licensed
physician or medical examiner approved by the employer;
(b) a certificate of a licensed physician that the candidate has
recently undergone a complete medical examination and the results
thereof;
(4) evidence satisfactory to the council director
that applicant has not been convicted of any criminal offense that
carries a sentence of one year or more or of any criminal offense that
involves moral turpitude. Forfeiture of bond, a guilty plea, or a plea
of nolo contendere is considered the equivalent of a conviction;
(5) evidence satisfactory to council the director
that the candidate is a person of good character. This evidence must
include, but is not limited to:
(a) certification by the candidate's employer that a
background investigation has been conducted and the employer is of
the opinion that the candidate is of good character;
(b) evidence satisfactory to council the
director that the candidate holds a valid current South Carolina
driver's license with no record during the previous five years for
suspension of driver's license as a result of driving under the influence
of alcoholic beverages or dangerous drugs, driving while impaired (or
the equivalent), reckless homicide, involuntary manslaughter, or
leaving the scene of an accident. Candidates for certification as Class
II-SCO (Department of Corrections) in any county with a prison
system that borders another State state may hold a
valid current driver's license issued by any jurisdiction of the United
States;
(c) evidence satisfactory to council the
director that a local credit check has been made with favorable
results;
(d) evidence satisfactory to council the
director that candidate's fingerprint record as received from the
Federal Bureau of Investigation and South Carolina Law Enforcement
Division indicates no record of felony convictions.
In the council's director's determination of good
character, council the director shall give consideration
to all law violations, including traffic and conservation law convictions
as indicating a lack of good character. The council
director shall also give consideration to the candidate's prior
history, if any, of alcohol and drug abuse in arriving at its
a determination of good character;
(6) a copy of candidate's photograph;
(7) a copy of candidate's fingerprints;
(8) evidence satisfactory to council the director
that the candidate's present age is not less than twenty-one years.
This evidence must include a birth certificate or another acceptable
document;
(9) evidence satisfactory to council the director
of successful completion of a course of law enforcement training as
established and approved by the council director, and
conducted at an academy or institution approved by the council
director, this evidence to consist of a certificate granted by the
approved institution.
(C) A certificate as a law enforcement officer issued by
council the department will either expire three
years from the date of issuance or upon discontinuance of employment
by the officer with the employing entity or agency. The certification
of any law enforcement officer issued by the council
department that is current on July 1, 1989, will expire
in the year 1992 on the last day of the month during which it was
issued, or upon discontinuance of employment with the employing
entity or agency. Prior to the expiration of the certificate, the
certificate may be renewed upon application presented to the
council director on a form prescribed by
council the director. The application for renewal must
be received by council the director at least forty-five
days prior to the expiration of the certificate. If the officer's
certificate has lapsed, council the department may
reissue the certificate after receipt of an application and if
council the director is satisfied that the officer
continues to meet the requirements of subsections (B)(1) through
(B)(9).
(D) Council The director may accept for training
as a law enforcement officer an applicant who has met requirements
of subsections (B)(1) through (B)(8).
Section 23-6-450. Subject to the approval of the director, the
council The Director of the Department of Public Safety
is authorized to:
(a) receive and disburse funds; including those hereinafter
provided in this article;
(b) accept any donations, contributions, funds, grants, or gifts
from private individuals, foundations, agencies, corporations, or the
state or federal governments, for the purpose of carrying out the
programs and objectives of this article chapter;
(c) consult and cooperate with counties, municipalities, agencies,
or official bodies of this State or of other states, other governmental
agencies, and with universities, colleges, junior colleges, and other
institutions, concerning the development of police training schools,
programs, or courses of instruction, selection, and training standards,
or other pertinent matters relating to law enforcement;
(d) publish or cause to be published manuals, information
bulletins, newsletters, and other materials to achieve the objectives of
this article chapter;
(e) make recommendations on such regulations as may
be necessary for the administration of this chapter, and advise the
director to issue including the issuance of orders directing
that public law enforcement agencies to comply with
this chapter and all regulations so promulgated;
(f) certify and train qualified candidates and applicants for law
enforcement officers and provide for suspension, revocation, or
restriction of the certification, in accordance with regulations
promulgated by department;
(g) require all public entities or agencies that employ or appoint
law enforcement officers to provide records in the format prescribed
by regulation of employment information of law enforcement officers;
(h) provide by regulation for mandatory continued training of
certified law enforcement officers, this training to be completed within
each of the various counties which request requesting
this training on a regional basis.
Section 23-6-460. An oral or written report, document, statement,
or other communication that is written, made, or delivered concerning
the requirements or administration of this chapter or regulations
promulgated under it must not be the subject of or basis for an action
at law or in equity for slander or libel in any court of the State if the
communication is between:
(1) a law enforcement agency, its agents, employees, or
representatives; and
(2) the department or the advisory council, its agents,
employees, or representatives.
Section 23-6-470. Every fine levied on a criminal or traffic
violation in this State must have sums added to it which must be set
apart and used for the division's program of training in the fields
of by the Department of Public Safety for law
enforcement and criminal justice related programs, and every
bond for violations must have added the same amounts which must be
set apart on forfeiture for the division's program of training, as
follows:
(a) Fines or forfeitures up to
and including $99.00 $6.00
(b) Fines or forfeitures
above $99.00 up to and
including $200.00 $25.00
(c) Fines or forfeitures
above $200.00 up to and
including $500.00 $50.00
(d) Fines or forfeitures
above $500.00 up to and
including $1,000.00 $100.00
(e) Fines or forfeitures
above $1,000.00 $200.00
If a portion of the fine is suspended, the sum added to it as set forth
in items (a) through (e) must be based upon the portion of the fine not
suspended. In addition to the apportioned amounts set forth in items
(a) through (e), twenty-five cents must be added to each fine or
forfeiture and be paid over to the South Carolina Law Enforcement
Training Council and all funds so collected shall be remitted by the
department to the South Carolina Law Enforcement Hall of Fame
Committee department to defray the cost of erecting and
maintaining the South Carolina Law Enforcement Hall of
Fame. At any time when If funds collected
pursuant to this paragraph exceed the necessary costs and
expenses of the Hall of Fame operation and maintenance as
determined by the committee, the department may retain the
surplus for use in its law enforcement training programs
professional training, fees, dues, and other related services or programs
as the director may deem necessary. The additional portion of
fines added by this section for training programs and the South
Carolina Law Enforcement Hall of Fame Committee must be
assessed and collected by the respective courts or law enforcement
officers, who are authorized by law to accept bond, and clearly
identified as such on the judgment or bond.
Every magistrate, recorder, judge, mayor, clerk of court, or other
person who receives monies from fines or bond forfeitures in criminal
or traffic cases shall transmit same to the city treasurer of the
incorporated city where he performs his official duties, or to the
county treasurer of his county in which he performs his official duties,
making the transmittal no less frequently than once each month, and
doing so on or before the tenth day of the month following the month
being reported. The city treasurer or county treasurer shall make a
computation on the basis of the scales of fines and forfeitures set out
in this article, and this computed sum must be forwarded to the State
Treasurer on or before the twentieth day of that month. Any
incorporated municipality in this State may enter into a mutual
agreement with the county in which it is located, to provide for
joint collections, computations, and transmittals under the terms and
conditions as the respective bodies may agree; in these cases, receipts
and transmittals required by this article must reflect, in the report of
transmittal to the State Treasurer, the collection and forwarding of all
these monies from the named sources. The State Treasurer shall
record, before the last day of that same month, the total monthly
submissions of monies from the respective county treasurers and city
treasurers, and shall deposit such monies in the account and to the
credit of the Law Enforcement Building and Maintenance Fund,
advising the department and the Law Enforcement Training Council
of the receipts and deposits Department of Public Safety
for fiscal and administrative purposes, including professional
training, counseling, fees, dues, and other related services or programs
as the director may deem necessary. The amount the above scale
provides to be set apart and used by the department for the
program of training in the fields of law enforcement and criminal
justice and for the South Carolina Law Enforcement Hall of Fame
law enforcement and criminal justice training and programs
must be added to and be levied above the fine or forfeiture imposed.
Section 23-6-480. (A) Whenever the council advises the
director and finds that any public law enforcement agency is
in violation of any provisions of this chapter, the director may issue
an order requiring the public law enforcement agency to comply with
the provision. The director may bring a civil action for injunctive
relief in the appropriate court or may bring a civil enforcement action.
Violation of any court order issued pursuant to this section must be
considered contempt of the issuing court and punishable as provided
by law. The director may also invoke the civil penalties as provided
in subsection (B) for violation of the provisions of this chapter,
including any order or regulation hereunder. Any public law
enforcement agency against which a civil penalty is invoked by the
director may appeal the decision to the Court of Common
Pleas court of common pleas of the county where the
public law enforcement agency is located.
(B) Any public law enforcement agency which fails to comply with
this chapter and regulations promulgated pursuant to this chapter or
fails to comply with any order issued by the director is liable for a
civil penalty not to exceed one thousand five hundred dollars a
violation. When the civil penalty authorized by this subsection is
imposed upon a sheriff, the sheriff is responsible for payment of this
civil penalty.
Section 23-6-490. When a municipality employs only one law
enforcement officer and that officer is attending law enforcement
training at the South Carolina Criminal Justice Academy as required
by the provisions of Section 23-23-40 law, the sheriff
of the county wherein the municipality is located, or the head of the
entity in charge of countywide law enforcement if the county sheriff
is not, shall provide systematic patrolling of the municipal area while
its law enforcement officer is attending the training.
Section 23-6-495. Whenever, in this article
chapter, the term `department' is used, it means the
Department of Public Safety and whenever the term `division' is used,
it means the Division of Training and Continuing Education of the
Department of Public Safety."
SECTION 99. Section 23-9-10 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 23-9-10. The Office of the State Fire Marshal
shall hereafter must be administered as a division of
the Department of Labor, Licensing & Regulation. A director of
the Department of Labor, Licensing, and Regulation must be
appointed by the governor pursuant to the provisions of Section
40-83-15 40-73-15. The division shall consist
consists of such agents and employees, pursuant to
Section 40-73-15, as the director of the department may
deem necessarily considers proper for the enforcement of
state and local fire safety codes and standards. The director of the
department shall employ a State Fire Marshal, pursuant to Section
40-73-15, to supervise enforcement of the laws and personnel
necessary to carry out the duties of this chapter. The State Fire
Marshal shall must have a Master's Degree from an
accredited institution of higher learning and at least four years
experience in fire prevention and control or a Bachelor's Degree and
eight years experience in fire prevention and control."
SECTION 100. Section 23-11-110(C) of the 1976 Code, as last
amended by Act 19 of 1993, is further amended to read:
"(C) After December 31, 1988, every newly-elected sheriff
in his first term is required to complete a training session to be
determined by the South Carolina Criminal Justice Law
Enforcement Training Council, to be conducted by the South
Carolina Criminal Justice Academy or an academy certified by the
South Carolina Law Enforcement Training Council or as may
be selected by the South Carolina Sheriffs' Association. This training
must be completed during the first calendar year of the first term of
the newly-elected sheriff's term of office. A newly-elected sheriff
who is unable to attend this training course when offered because of
emergency or extenuating circumstances, within one year from the
date the disability or cause terminates, shall complete the standard
basic course of instruction required of newly-elected sheriffs. A
newly-elected sheriff who does not fulfill the obligations of this
subsection is subject to suspension by the Governor until the sheriff
completes the course of instruction."
SECTION 101. Chapter 25 of Title 23, as last amended by Act
181 of 1993, is further amended to read:
"CHAPTER 25
Law Enforcement Officers Hall of Fame
Section 23-25-10. There is hereby established the South Carolina
Law-Enforcement Law Enforcement Officers Hall of
Fame as a memorial to law-enforcement law
enforcement officers killed in the line of duty and in recognition
of the selfless dedication of all law-enforcement law
enforcement officers in the day-to-day performance of their
duties. The Hall of Fame shall be located on the grounds of the
South Carolina Law-Enforcement Academy at Columbia.
Section 23-25-20. (A) The South Carolina Hall of Fame shall
hereafter be administered as a division of the Department of Public
Safety.
(B) To plan, enact, and administer the Hall of Fame, there is
hereby There is created the a Law
Enforcement Officers Hall of Fame Advisory Committee.
The committee shall consist of the following ex officio members:
(1) the Director of the Department of Public Safety, who
shall serve as chairman;
(1)(2) the Chief of the South Carolina Law
Enforcement Division, who shall serve as chairman;
(2) the commanding officer of the Highway Patrol and the
commanding officer of the State Police;
(3) the Director of the Department of Corrections;
(4) the Secretary of the South Carolina Sheriffs' Association;
(5) the Executive Director of the South Carolina Law
Enforcement Officers Association;
(6) the President of the South Carolina Police Chiefs'
Association, or his designee; and
(7) a representative of the Natural Resources
Enforcement Division of Natural Resources Police, to be
appointed by the Director of the Department of Natural Resources;
and.
(8) the Director of the Department of Public Safety.
(C) All members Members of the advisory
committee may designate persons to represent them at meetings they
are unable to attend.
Section 23-25-30. It shall be the responsibility of the
Advisory Committee created by Section 23-25-20 to plan,
erect and maintain to assist the Department in planning,
erecting, and maintaining the Hall of Fame in the manner it shall
determine appropriate but generally in accordance with the following
guidelines:
(a) All officers from all agencies in the law-enforcement system
shall be eligible for entry into the Hall of Fame.
(b) The names of all officers killed in the line of duty whose
deaths under those circumstances can be established by creditable
records shall be entered into the Hall.
(c) Any officer who performs an act or series of acts over and
above the regular call of duty may become eligible for the Hall when
so elected by the Advisory Committee whether or not such act
or acts resulted in death or injury to the officer concerned.
(d) Any officer whose continued record of excellence over a
period of years is manifestly outstanding may be elected to the Hall
by the Advisory Committee.
(e) Suitable plaques inscribed with the names of those selected for
the Hall shall be erected. Fame shall include museum-type displays of
objects and equipment of unusual interest used by law-enforcement
officers or otherwise related to law enforcement.
(f) Within the limits of funds provided, the Hall of Fame shall
include museum-type displays of objects and equipment of unusual
interest used by law enforcement officers or otherwise related to law
enforcement.
(g) Provide tours and related safety and educational programs
to the public.
Section 23-25-40. The advisory committee shall establish
procedures and regulations for the nomination of members of the Hall
of Fame. All selections of persons for Hall of Fame membership shall
be made by a majority vote of the total membership of the
advisory committee.
Meetings of the advisory committee shall be held at least
quarterly, and more frequently at the call of the chairman. The
advisory committee shall establish its own rules of procedure.
Members shall not receive compensation for their services with the
advisory committee but shall be allowed the usual mileage,
per diem and subsistence provided by law for boards, committees and
commissions. The committee department is authorized
to employ clerical assistance as the director deems necessary to
perform its functions as prescribed in this chapter from funds made
available as provided in Section 23-23-70
23-6-470."
SECTION 102. Section 356, Act 181 of 1993 of the 1976 Code
is deleted.
SECTION 103. Section 24-13-730 of the 1976 Code is amended
to read:
"Section 24-13-730. Any new program established under
Sections 14-1-210, 14-1-220, 14-1-230, 16-1-60, 16-1-70, 16-3-20,
16-3-26, 16-3-28, 16-23-490, 17-25-45, 17-25-70, 17-25-90,
17-25-140, 17-25-145, 17-25-150, 17-25-160, 20-7-1350, 24-3-40,
24-3-1120, 24-3-1130, 24-3-1140, 24-3-1160, 14-3-1170,
24-3-1190, 24-3-2020, 24-3-2030, 24-3-2060, 24-13-640,
24-13-650, 24-13-710, 24-13-910, 24-13-915, 24-13-920, 24-13-930,
24-13-940, 24-13-950, 24-21-13, 24-21-430, 24-21-475,
24-21-480, 24-21-485, 24-21-610, 24-21-640, 24-21-645, 24-21-650,
24-22-30, 24-22-40, 24-22-50, 24-22-70, 24-22-90, 24-22-100,
24-22-110, 24-22-120, 24-22-130, 24-22-140, 24-22-150, 24-22-160,
24-22-170, 24-23-115, and 42-1-505 or any change in any
existing program may only be implemented only to the
extent that appropriations for such the programs have
been authorized by the General Assembly."
SECTION 104. Section 24-21-300 of the 1976 Code is amended
to read:
"Section 24-21-300. At any time during a period of
supervision, a probation and parole agent, instead of issuing a warrant,
may issue a written citation and affidavit setting forth that the
probationer, parolee, or any a person released or
furloughed under the Prison Overcrowding Powers Act or the
Offender Management System Act in the agent's judgment
violates the conditions of his release or suspended sentence. The
citation must be directed to the probationer, parolee, or the person
released or furloughed, must require him to appear at a specified time,
date, and court or other place, and must state the charges. The citation
must set forth the probationer's, parolee's, or released or furloughed
person's rights and contain a statement that a hearing will be held in
his absence if he fails to appear and that he may be imprisoned as a
result of his absence. The citation may be served by a law
enforcement officer upon the request of a probation and parole agent.
The issuance of a citation or warrant during the period of supervision
gives jurisdiction to the court and the board
department at any hearing on the violation."
SECTION 105. Section 24-22-30 of the 1976 Code, as added by
Act 461 of 1992, is amended to read:
"Section 24-22-30. To be eligible to participate in the
offender management system, an offender shall:
(a) must be classified as a qualified prisoner as defined
herein;
(b) shall maintain a clear disciplinary record during the
offender's incarceration or for at least six months prior to
before consideration for placement in the system;
(c) shall demonstrate during incarceration a general desire
to become a law abiding member of society;
(d) shall satisfy any reasonable requirements imposed on
the offender by the Department of Corrections;
(e) must be willing to participate in the criminal offender
management system and all of its programs and rehabilitative services
and agree to conditions imposed by the departments;
(f) shall possess an acceptable risk score. The risk score
shall must be affected by, but not be limited to, the
following factors:
(1) nature and seriousness of the current offense;
(2) nature and seriousness of prior offenses;
(3) institutional record;
(4) performance under prior criminal justice supervision; and
(g) shall satisfy any other criteria established by the South
Carolina Department of Corrections and the State Board
Department of Probation, Parole and Pardon Services."
SECTION 106. Section 24-22-150 of the 1976 Code, as added by
Act 461 of 1992, is amended to read:
"Section 24-22-150. The offender management system must
not be initiated and offenders shall must not be
enrolled in the offender management system unless appropriately
funded out of the general funds of the State.
During periods when the offender management system is in
operation and either the South Carolina Department of Corrections or
the South Carolina Department of Probation, Parole and Pardon
Services determines that its funding for the system has been exhausted,
the commissioner director for the department having
made the determination that funds are exhausted shall notify the
commissioner director of the other department, the
Governor, the Speaker of the House of Representatives, and the
President Pro Tempore of the Senate. The offender management
system shall then shall terminate until appropriate
funding has been provided from the general funds of the State."
SECTION 107. Section 24-23-30 of the 1976 Code is amended to
read:
"Section 24-23-30. The community corrections plan
shall must include, but is not
be limited to, describing the following
community-based program needs:
(a) an intensive supervision program for probationers and parolees
who require more than average supervision;
(b) a supervised inmate furlough program whereby inmates under
the jurisdiction of the Department of Corrections can be
administratively transferred to the supervision of state probation and
parole agents for the purposes of pre-release preparation, securing
employment and living arrangements, or obtaining rehabilitation
services;
(c) a contract rehabilitation services program whereby private and
public agencies, such as the Department of Vocational Rehabilitation
and Mental Health and the various county commissions on alcohol and
drug abuse, provide diagnostic and rehabilitative services to offenders
who are under the Board's Department of Probation, Parole
and Pardon Services' jurisdiction;
(d) community-based residential programs whereby public and
private agencies as well as the Board Department of
Probation, Parole and Pardon Services establish and operate
halfway houses for those offenders who cannot perform satisfactorily
on probation or parole;
(e) expanded use of presentence investigations and their role and
potential for increasing the use of community-based programs,
restitution and victim assistance; and
(f) identification of programs for youthful and first
offenders."
SECTION 108. Sections 24-26-10(B)(3) and (4) of the 1976 Code
are amended to read:
"(3) the Chairman of the State Board of Corrections, or his
designee who must be a member of that board or who must be the
Commissioner Director of the Department of
Corrections, or his designee;
(4) the Chairman of the Board Director of the
Department of Probation, Parole and Pardon Services, or his designee
who must be a member of that board or who must be the
Commissioner or Executive Director of the Department of Probation,
Parole and Pardon Services."
SECTION 109. Section 25-19-20 of the 1976 Code is amended to
read:
"Section 25-19-20. The commission is attached to the
Department Division of Veterans' Affairs in the
Office of the Governor for logistical and staff support only and
may be located in Columbia in space provided by the State Budget
and Control Board."
SECTION 110. Chapter 2 of Title 27 of the 1976 Code is
amended by adding:
"Section 27-2-85. The South Carolina Geodetic Survey
established within the Division of Research and Statistical Services of
the Budget and Control Board shall establish horizontal and vertical
geodetic control within the State at a density that will effectively
provide land and land-related items and records to be referenced to the
national horizontal and vertical coordinate system, ensure the accuracy
and integrity of new geodetic data entered into the state and national
reference system, maintain geodetic files for the State, and disseminate
geodetic information as necessary."
SECTION 111. Chapter 2 of Title 27 of the 1976 Code is
amended by adding:
"Section 27-2-95. To the extent possible, the South Carolina
Geodetic Survey of the Division of Research and Statistical Services
of the Budget and Control Board shall utilize the office's
responsibility of coordinating mapping activities in the State to ensure
that mapping products are compatible with the South Carolina
Coordinate System. As part of this activity, the office shall establish,
develop, and promulgate standards for maps and map products to
ensure quality, accuracy, and compatibility of mapping products,
encourage the development of accurate mapping systems that are
compatible with and suitable for incorporation into a standardized
statewide mapping system, develop, maintain, and administer programs
for funding qualified mapping projects, and serve as the focal point for
federal, state, and local mapping programs and activities in South
Carolina."
SECTION 112. Chapter 2 of Title 27 of the 1976 Code is
amended by adding:
"Section 27-2-105. Where county boundaries are ill-defined,
unmarked, or poorly marked, the South Carolina Geodetic Survey on
a cooperative basis shall assist counties in defining and monumenting
the locations of county boundaries and positioning the monuments
using geodetic surveys. The South Carolina Geodetic Survey shall act
as a mediator between counties to resolve county boundary
disputes."
SECTION 113. Section 31-13-30 of the 1976 Code, as designated
by Act 410 of 1992, is amended to read:
"Section 31-13-30. The Governor shall appoint, with the
advice and consent of the Senate, seven persons to be commissioners
of the South Carolina State Housing Finance and Development
Authority. The seven persons so appointed shall
must have experience in the fields of mortgage finance,
banking, real estate, and home building. The Governor shall appoint
a chairman from among the seven commissioners.
The commissioners must be appointed for terms of four years,
except that all vacancies must be filled for the unexpired term.
A commissioner shall hold office until his successor has been
appointed and qualifies qualified. A certificate of the
appointment or reappointment of any commissioner must be filed in
the office of the Secretary of State and in the office of the authority,
and the certificate is conclusive evidence of the due and proper
appointment of the commissioner. The Governor or his designee and
the State Commissioner Director of the Department of
Health and Environmental Control or his designee from his
administrative staff shall serve ex officio as commissioners of the
authority with the same powers as the other commissioners."
SECTION 114. Section 31-17-330 of the 1976 Code is amended
to read:
"Section 31-17-330. No such license shall be
is required with respect to mobile homes held by dealers for
resale, nor shall does this article be applicable
apply to mobile homes licensed by the South Carolina
Highways and Public Transportation Department of
Revenue. Licenses required by this article shall be
are in lieu of any a building or construction
permit now required by local act or ordinance."
SECTION 115. Section 33-14-210(c) of the 1976 Code is amended
to read:
"(c) If the Secretary of State is notified by the Tax
Commission Department of Revenue that the corporation
has failed to file a required tax return within sixty days of the notice
required by Section 12-7-1675, the Secretary of State shall dissolve
the corporation administratively by signing a certificate of dissolution
that recites the grounds for dissolution and its effective date. The
Secretary of State shall file the original of the certificate and send a
copy to the corporation by registered or certified mail addressed to its
registered agent at its registered office or to the office of the secretary
of the corporation at its principal office."
SECTION 116. Section 33-39-250(10) of the 1976 Code is
amended to read:
"(10) To cooperate with and avail itself of the facilities of the
Division of State Development of the Department of
Commerce Board and any similar governmental agencies,
and to cooperate with and assist and otherwise encourage organizations
in the various communities of the county in the promotion,
assistance, and development of the business prosperity and
economic welfare of such the communities or of the
county; and"
SECTION 117. The opening line of Section 38-3-110 of the 1976
Code, as last amended by Act 181 of 1993, is further amended to
read:
"The director commissioner or his designee
have has the following duties:"
SECTION 118. Section 38-3-110(2) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(2) see that all laws of this State governing insurers or
relating to the business of insurance are faithfully executed and make
regulations to carry out this title and all other insurance laws of this
State, the enforcement or administration of which is not otherwise
specifically provided for. Any reference in this title to regulations
promulgated by the department shall mean regulations promulgated by
the commissioner;"
SECTION 119. Section 38-27-520 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(d) When the director commissioner or his
designee takes action in any or all of the ways set out in subsection
(b), the party aggrieved may appeal from the action to the
Administrative Law Judge Division circuit court as
provided by law."
SECTION 120. Section 38-43-106(C) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(C) The director commissioner or his
designee shall administer these continuing education requirements and
shall approve courses of instruction which qualify for these purposes.
In administering this program, the department, in its discretion, may
promulgate regulations whereby agents provide to a continuing
education administrator established within the Department of Insurance
proof of compliance with continuing education requirements as a
condition of license renewal or, in the alternative, contract with an
outside service provider to provide record-keeping services as the
continuing education administrator. The costs of the continuing
education administrator must be paid from the continuing insurance
education fees paid by agents in the manner provided by this section,
except that course approval responsibilities may not be designated to
the continuing education administrator. The continuing education
administrator shall compile and maintain, in conjunction with insurers
and agents, records reflecting the continuing insurance education status
of all licensed or qualified agents subject to the requirements of this
section. The continuing education administrator shall furnish to the
insurer, within ninety days of the agent's renewal date, as specified by
regulation, a report of the continuing insurance education status of all
of its agents. All licensed agents shall provide evidence of their
continuing insurance education status to the continuing education
administrator at least one hundred twenty days before the annual
renewal date. Any continuing insurance education approved courses
taken subsequent to one hundred twenty days before the renewal date
must be applied to the following biennial continuing insurance
education required period.
The department shall promulgate regulations prescribing the overall
parameters of continuing education requirements, and these regulations
shall expressly authorize the director commissioner or
his designee to recognize product-specific training offered by insurers,
subject to those parameters and guidelines as are promulgated by the
regulations. The director of the department may
commissioner shall appoint an advisory committee to
make recommendations with respect to courses offered for approval,
but the director or his designee commissioner shall
retain authority with respect to course approvals, subject to those
regulations as are promulgated by the department. When
the advisory committee is approved, it shall meet regularly as needed,
but no less than semiannually, to review new course applications.
Also, the advisory committee shall review modifications of courses
previously approved and review previously promulgated regulations to
make recommendations regarding any need for modifications,
deletions, or new regulations. The advisory committee must be
comprised of two representatives from each of the following
associations, groups, or categories:
(1) the Carolina's Association of Professional
Insurance Agents;
(2) the Independent Insurance Agents of South
Carolina;
(3) the South Carolina Association of Automobile
Insurance Agents;
(4) the South Carolina Association of Life
Underwriters;
(5) the Association of South Carolina Life Insurance
Companies;
(6) the Direct Writers Insurance Companies;
(7) the Association of South Carolina Property and
Casualty Insurance Companies; and
(8) insurers that are not members of national
insurance trade associations.
The advisory committee must also be comprised of one
representative from the South Carolina Association of Health
Underwriters.
Advisory committee members must be appointed by the
commissioner from recommendations made by the respective
associations, groups, or categories to the commissioner."
SECTION 121. Section 38-73-1380 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 38-73-1380. After June 30, 1989, no member or
subscriber of a rating organization may utilize a rate or premium
charge for any private passenger automobile insurance
coverage unless and until the final rate or premium charge has
been filed with the Division department and approved
by the director commissioner or his designee. After
the effective date of this section, the final rate or premium charge is
the pure loss component filed and approved by a rating organization
on behalf of its members or subscribers added to the expense
component of the rate or premium charge, filed with the department
and approved by the director commissioner or his
designee, by each member or subscriber of a rating organization
independently. No expense component filed by a member or
subscriber of a rating organization may be approved by the
director commissioner or his designee unless it has
been the subject of a public hearing, if that member's or subscriber's
total written private passenger automobile insurance premium during
the previous calendar year equaled or exceeded one percent of the total
written private passenger automobile insurance premium in this State
during the previous calendar year. For other lines of insurance the
requirements of this section are not activated unless the members' or
subscribers' total written premium during the previous calendar year
equaled or exceeded three percent of the total written insurance
premium for that specific line of insurance in this State during the
previous calendar year."
SECTION 122. The last paragraph of Section 38-77-580 of the
1976 Code, as last amended by Act 181 of 1993, is further amended
to read:
"The director commissioner or his
designee, through the department, may propose to the board
any amendment to or modification of the plan that the director
commissioner or his designee considers to be necessary to
render the plan reasonable or consistent with the purposes of this
chapter, specifying in writing the reasons for any proposed amendment
or modification. In the event that If the board fails to
adopt his proposed amendment or modification, the director
commissioner or his designee may, after notice and
public hearing addressed to the reasons for the proposed amendment
or modification, may promulgate the amendment or
modification considered necessary to render the plan reasonable or
consistent with the purposes of this chapter."
SECTION 123. Section 38-79-270 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 38-79-270. Any applicant for insurance through the
association, person insured pursuant to this article or his
representative, or any insurer adversely affected or claiming to be
adversely affected by any ruling, action, or decision by or on behalf
of the association may appeal to the department
commissioner within thirty days after notice of the ruling,
action, or decision."
SECTION 124. Section 38-81-270 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 38-81-270. The director
commissioner or his designee shall obtain complete statistical
data in respect to legal professional liability losses and reparation costs
as well as all other costs or expenses which underlie or are related to
legal professional liability insurance. The department
commissioner shall promulgate any statistical plan he
considers necessary for the purpose of gathering data referable to loss
and loss adjustment expense experience and other expense experience.
When the statistical plan is promulgated, all members of the
association shall adopt and use it. The director
commissioner or his designee also shall obtain statistical data
in respect to the costs of compensating victims of legal professional
liability. The director commissioner or his designee
may require from any a person obtaining insurance
through the association loss, claim, or expense data. This information
or data is confidential, and the attorney-client privilege must
be preserved."
SECTION 125. Chapter 23, Title 39 of the 1976 Code, as last
amended by Act 184 of 1993, is further amended to read:
"CHAPTER 23
Adulterated, Misbranded, or New Drugs and Devices
Section 39-23-10. This chapter may be cited as the South Carolina
Drug Act.
Section 39-23-20. For the purposes of this chapter:
(a)(1) The `Commissioner
Director of the Department of Health and Environmental
Control' means the Commissioner Director of the
Department of Health and Environmental Control or his
designated agent.
(b)(1)(2)(a) The term `Drug'
means:
(A) (i) articles recognized in the official
United States Pharmacopoeia, official Homeopathic Pharmacopoeia of
the United States, or official National Formulary, or any
a supplement to any of them; and
(B) (ii) articles intended for use in the
diagnosis, cure, mitigation, treatment, or prevention of disease in man
or other animals; and
(C) (iii) articles, (other than
food), intended to affect the structure or any
function of the body of man or other animals; and
(D) (iv) articles intended for use as a
component of any articles an article specified in
clause (A) subsubitem (i), (B) ii, or
(C); but (iii).
(b) `Drug' does not include devices or their
components, parts, or accessories.
(2)(c) The term `Counterfeit drug' means a
drug which, or the container or labeling of which, without
authorization, bears the trademark, trade name, or other
identifying mark, imprint, or device, or any likeness
thereof of it, of a drug manufacturer, processor,
packer, or distributor other than the person or persons who in fact
manufactured, processed, packed, or distributed such
the drug and which thereby falsely purports or is
represented to be the product of, or to have been packed or distributed
by, such the other drug manufacturer, processor,
packer, or distributor.
(c)(3) The term `Device' means instruments,
apparatus, and contrivances, including their components, parts, and
accessories, intended:
(1)(a) for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in man or other animals; or
(2)(b) to affect the structure or any
function of the body of man or other animals.
(d)(4) The term `Official compendium'
means the official United States Pharmacopoeia, Official Homeopathic
Pharmacopoeia of the United States, Official National Formulary, or
any a supplement to any of them.
(e)(5) The term `Label' means a display of
written, printed, or graphic matter upon the immediate container of
any an article; and. A requirement
made by or under authority of this chapter that any a
word, a statement, or other information appear on the label
shall is not be considered to be complied with
unless such the word, statement, or other information
also appears on the outside container or wrapper, if any there
be one, of the retail package of such the
article, or is easily legible through the outside container or
wrapper.
(f)(6) The term `Labeling' means all labels
and other written, printed, or graphic matter (1) upon
any an article or any of its containers or
wrappers, or (2) accompanying such the
article. If an article is alleged to be misbranded because the labeling
is misleading, or if an advertisement is alleged to be false
because it is misleading, then in determining whether the
labeling or advertisement is misleading, there shall
must be taken into account, (among other
things), not only representations made or suggested by
statement, word, design, device, sound, or in any a
combination thereof of them, but also the extent to
which the labeling or advertisement fails to reveal facts material in the
light of such these representations or material with
respect to consequences which may result from the use of the article
to which the labeling or advertisement relates under the conditions of
use prescribed in the labeling or advertisement thereof of
them or under such customary or usual conditions
of use as are customary or usual.
(g)(7) The term `New drug' means:
(1)(a) Any a drug,
(except a new animal drug or an animal feed bearing or
containing a new animal drug), the composition of
which is such that such the drug is not
generally recognized, among experts qualified by
scientific training and experience to evaluate the safety and
effectiveness of drugs, as safe and effective for use under the
conditions prescribed, recommended, or suggested in the labeling
thereof, except that such of the drug.
However, a drug not so recognized shall is
not be deemed to be a `new drug' if at any time prior
to before July 17, 1972, it was subject to the
Federal Food and Drug Act of June 30, 1906, as amended, and if at
such the time its labeling contained the same
representations concerning the conditions of its use; or
(2)(b) Any a drug,
except a new animal drug or an animal feed bearing or containing a
new animal drug, the composition of which is such that such
the drug, as a result of investigations to determine its safety
and effectiveness for use under such the conditions,
has become so recognized, but which has not, otherwise than
in such these investigations, been used to a material
extent or for a material time under such the
conditions.
(h)(8) The term `Color' includes black,
white, and intermediate grays.
Section 39-23-30. A drug or device shall be is
deemed to be adulterated if it:
(a)(1)(a) If it consists in whole or in part of
any filthy, putrid, or decomposed substance; or
(2)(A)(b) (i) if it has been prepared,
packed, or held under insanitary conditions whereby
where it may have been contaminated with filth, or
whereby where it may have been rendered injurious
to health; or
(B) (ii) if it is a drug and the
methods used in, or the facilities or controls used for, its manufacture,
processing, packing, or holding do not conform to or are not operated
or administered in conformity with current good manufacturing
practice to assure that such the drug meets the
requirements of the Federal Food, Drug, and Cosmetic Act, as
amended, as to safety and has the identity and strength, and
meets the quality and purity characteristics, which it purports
or is represented to possess; or
(3)(c) if it is a drug and its container is
composed, in whole or in part, of any a poisonous or
deleterious substance which may render the contents injurious to
health; or
(4) if
(A)(d)(i) it is a drug which bears or
contains, for purposes of coloring only, a color additive which is
unsafe within the meaning of Section 706(a) of the Federal Food,
Drug, and Cosmetic Act, as amended,;
(B) (ii) it is a color additive the
intended use of which in or on drugs is for purposes of coloring only
and is unsafe within the meaning of Section 706(a) of the Federal
Food, Drug, and Cosmetic Act, as amended; or
(5)(e) if it is a new animal drug which is
unsafe within the meaning of Section 512 of the Federal Food, Drug,
and Cosmetic Act, as amended; or
(6)(f) if it is an animal feed bearing or
containing a new animal drug, and such the animal
feed is unsafe within the meaning of Section 512 of the Federal Food,
Drug, and Cosmetic Act, as amended.;
(b)(2) If it purports or is represented as
a drug the name of which is recognized in an official
compendium, and its strength differs from or its quality or
purity falls below the standard set forth in such the
compendium. Such The determination as to strength,
quality, or purity shall must be made in accordance
with the tests or methods of assay set forth in such the
compendium, except that whenever. However,
when tests or methods of assay have not been prescribed in
such the compendium, or those prescribed under
authority of the federal act, or such the tests or
methods of assay as are prescribed are, in the judgment of the
Commissioner Director of the Department of Health
and Environmental Control, insufficient for the making of such
the determination, the Commissioner director
shall bring such that fact to the attention of the
appropriate body charged with the revision of such the
compendium, and. If such the body
fails within a reasonable time to prescribe tests or methods of
assay, which, in the judgment of the Commissioner
director, are sufficient for purposes of this paragraph,
then the Commissioner Department of Health and
Environmental Control shall promulgate regulations prescribing
appropriate tests or methods of assay in accordance with which
such the determination as to strength, quality, or purity
shall must be made. No drug defined in an official
compendium shall may be deemed to be adulterated
under this paragraph because it differs from the standard of strength,
quality, or purity therefor set forth in such
the compendium, if its difference in strength, quality, or
purity from such the standards is plainly stated
plainly on its label. Whenever a drug is recognized in both
the United States Pharmacopoeia and the Homeopathic Pharmacopoeia
of the United States, it shall be is subject to
the requirements of the United States Pharmacopoeia unless it is
labeled and offered for sale as a homeopathic drug in which
case. If it is labeled and offered for sale as a
homeopathic drug, it shall be is subject to the
provisions of the Homeopathic Pharmacopoeia of the United States
and not to those of the United States Pharmacopoeia.
(c)(3) If it is not subject to the provisions
of paragraph (b) of this section, item (2) and its strength
differs from, or its purity or quality falls below that which it
purports or is represented to possess.;
(d)(4) If it is a drug and any
a substance has been (1) mixed or packed
therewith with the drug so as to reduce its quality of
strength or (2) substituted wholly or in part therefor.
Section 39-23-40. A drug or device shall be is
deemed to be misbranded:
(a)(1) if its label is false or misleading in any
particular.;
(b)(2) if in a package form unless it bears a label
containing (1) the name and place of business of the
manufacturer, packer, or distributor; and (2) an accurate
statement of the quantity of the contents in terms of weight, measure,
or numerical count; provided. However,
that reasonable variations shall be are permitted
under regulations issued promulgated by the
Commissioner Department of Health and
Environmental Control or issued under the federal act. Provided,
further, that in the case of any For a drug subject to
Section 39-23-50(B)(1), the label shall must contain
the name and place of business of the manufacturer of the finished
dosage form and, if different, the name and place of business of the
packer or distributor. For the purpose of this paragraph
item, the finished dosage form of a drug is that form of the
drug which is, or is intended to be, dispensed or administered to the
ultimate user upon prescription or as otherwise dispensed by the
pharmacist.;
(c)(3) if any a word, a
statement, or other information required by or under the authority of
this chapter or the Federal Food, Drug, and Cosmetic Act to appear on
the label or labeling is not prominently placed thereon
prominently on the label or labeling with such
conspicuousness, as compared with other words, statements, designs,
or devices, in the labeling, and in such terms as to
render it likely to be read and understood by the ordinary individual
under customary conditions of purchase and use.;
(d)(4) if it is for use by man and contains
any a quantity of the narcotic or hypnotic substance
alpha-eucaine, barbituric acid, beta-eucaine, bromal, cannabis,
carbromal, chloral, coca, cocaine, codeine, heroin, marihuana,
morphine, opium, paraldehyde, peyote, or sulphonmethane, or
any a chemical derivative of such the
substance, which derivative, after investigation, has been found to be,
and designated as, habit forming, by regulations issued
promulgated by the Commissioner Department
of Health and Environmental Control under this chapter, or by
regulations issued pursuant to Section 502(d) of the federal act, unless
its label bears the name and quantity or proportion of such
the substance or derivative and in juxtaposition
therewith the statement `Warning--May be habit
forming.';
(e)(1)(5)(a) if it is a drug, unless:
(A) (i) its label bears, to the exclusion of
any other another nonproprietary name,
(except the applicable systematic chemical name or the
chemical formula), (i)(A) the established
name, (as defined in subparagraph (2))
subitem (b), of the drug, if such there be
is, and, (ii) in case (B) if it is
fabricated from two or more ingredients, the established name and
quantity of each active ingredient, including the quantity, kind, and
proportion of any alcohol, and also including
whether active or not, the established name and quantity or proportion
of any bromides, ether, chloroform, acetanilide,
acetophenetidin, amidopyrine, antipyrine, atropine, hyoscine,
hyoscyamine, arsenic, digitalis, digitalis glucosides, mercury, ouabain,
strophanthin, strychnine, thyroid, or any a derivative
or preparation of any such these substances, contained
therein; provided, that in them. However, the
requirement for stating the quantity of the active ingredients, other
than the quantity of those specifically named in this paragraph
sub-subitem, shall apply applies only to
prescription drugs; and
(B) (ii) for any a prescription
drug, the established name of such the drug
or ingredient, as the case may be, on such the
label, (and on any the labeling on
which a name for such the drug or ingredient is
used), is printed prominently and in type at least half
as large as that used thereon on the label or labeling
for any a proprietary name or designation for
such the drug or ingredient; and provided,
that. However, to the extent that compliance with
the requirements of clause (A)(ii) sub-subitem (i)(B)
or clause (B) of this subparagraph sub-subitem
is impracticable, exemptions shall must be established
by regulations promulgated by the Commissioner
Department of Health and Environmental Control or under the
federal act.
(2)(b) As used in this paragraph (e)
item, the term `established name', with respect to a
drug or ingredient thereof of the drug, means:
(A) (i) the applicable official name
designated pursuant to Section 508 of the Federal Food, Drug, and
Cosmetic Act as amended, or;
(B) (ii) if there is no such
official name and such the drug, or
such the ingredient, is an article recognized in
an official compendium, then the official title thereof
in such the compendium,; or
(C) (iii) if neither clause (A)
sub-subitem (i) nor clause (B) of this subparagraph
sub-subitem (ii) applies, then the common or usual
name, if any, of such the drug or of such
the ingredient; provided, further, that. Where
clause (B) of this paragraph sub-subitem (ii) applies
to an article recognized in the United States Pharmacopoeia and in the
Homeopathic Pharmacopoeia under different official titles, the official
title used in the United States Pharmacopoeia shall apply
applies unless it is labeled and offered for sale as a
homeopathic drug, in which case. If it is labeled
and offered for sale as a homeopathic drug, the official title used
in the Homeopathic Pharmacopoeia shall apply.
applies;
(f)(6)(a) unless its labeling bears adequate:
(1) (i) adequate directions for use;
and
(2) (ii) such adequate warnings against
use in those pathological conditions or by children where its use may
be dangerous to health, or against unsafe dosage or methods or
duration of administration or application, in such a
manner and form, as are necessary for the protection of users;
(b) provided, that where any a
requirement of clause (1) of this paragraph sub-subitem
(i), as applied to any a drug or device, is not
necessary for the protection of the public health, the
Commissioner Department of Health and
Environmental Control shall promulgate regulations exempting
such the drug or device from such the
requirement; provided, further, that. Articles
exempted under regulations issued under Section 502(f) of the federal
act shall also be are exempt.;
(g)(7) if it purports to be a drug the name of
which is recognized in an official compendium, unless it is packaged
and labeled as prescribed therein; provided, that.
However, the method of packing may be modified with the
consent of the Commissioner Director of the
Department of Health and Environmental Control or if consent is
obtained under the federal act. Whenever a drug is recognized in both
the United States Pharmacopoeia and the Homeopathic Pharmacopoeia
of the United States, it shall be is subject to the
requirements of the United States Pharmacopoeia with respect to
packaging, and labeling unless it is labeled and offered for sale
as a homeopathic drug, in which case. If it is
labeled and offered for sale as a homeopathic drug, it shall
be is subject to the provisions of the Homeopathic
Pharmacopoeia of the United States, and not to those of the
United States Pharmacopoeia; provided, further, that, in the event
of. If there is inconsistency between the
requirements of this paragraph item and those of
paragraph (e) item (5) as to the name by which the
drug or its ingredients shall be are designated, the
requirements of paragraph (e) shall item (5)
prevail.;
(h)(8) if it has been found by the
Commissioner Director of the Department of Health
and Environmental Control or under the federal act to be a drug liable
to deterioration, unless it is packaged in such a form
and manner, and its label bears a statement of such the
precautions, as the Commissioner Department of
Health and Environmental Control or under the federal act
shall by regulations require requires as
necessary for the protection of the public health. No such
regulation shall may be established for any
a drug recognized in an official compendium until the
Commissioner Director of the Department of Health
and Environmental Control shall have informed
informs the appropriate body charged with the revision of
such the compendium of the need for such
the packaging or labeling requirements and such
the body shall have failed fails within a
reasonable time to prescribe such the
requirements.;
(i)(1)(9)(a) if it is a drug and its container is
so made, formed, or filled as to be misleading; or
(2)(b) if it is an imitation of another drug; or
(3)(c) if it is offered for sale under the name of
another drug.;
(j)(10) if it is dangerous to health when used in
the dosage, or with the frequency or duration prescribed,
recommended, or suggested in the labeling thereof.;
(k)(11) In the case of any for a
prescription drug distributed or offered for sale in any state, unless the
manufacturer, packer, or distributor thereof includes in all
advertisements and other descriptive printed matter issued or caused
to be issued by the manufacturer, packer, or distributor with respect
to that drug a true statement of:
(1)(a) the established name as defined in
Section 39-23-40(e) item (5), printed prominently and
in type at least half as large as that used for any a
trade or brand name thereof,;
(2)(b) the formula showing quantitatively each
ingredient of such the drug to the extent required for
labels under Section 39-23-40(e), and (3) such item (e);
(c) other information in brief summary relating to
side effects, contraindications, and effectiveness as shall be
required in regulations which shall be issued under the federal
act.
Section 39-23-50. (a)(A) The
Commissioner Department of Health and
Environmental Control is hereby directed to shall
promulgate regulations exempting from any a labeling
or packaging requirement of this chapter drugs and devices which
are, in accordance with the practice of the trade, are
to be processed, labeled, or repacked in substantial quantities at
establishments other than those where originally processed or packed,
on condition that such the drugs and devices are not
adulterated or misbranded, under the provisions of this chapter upon
removal from such the processing, labeling, or
repacking establishment.
(b)(B)(1) A drug intended for use by man which
(A) is a habit-forming drug to which Section
39-23-40(d)(4) applies; or (B) because of its
toxicity or other potentiality for harmful effect, or the method
of its use, or the collateral measures necessary to its use, is not safe
for use except under the supervision of a practitioner licensed by law
to administer such the drug; or (C) is limited
by an effective application under Section 39-23-70 to use under the
professional supervision of a practitioner licensed by law to administer
such the drug, shall may be dispensed
only:
(i)(a) upon a written prescription of a
practitioner licensed by law to administer such the
drug,; or
(ii)(b) upon an oral prescription of
such the practitioner which is reduced promptly to
writing and filed by the pharmacist,; or
(iii)(c) by refilling any such a
written or oral prescription if such the refilling is
authorized by the prescriber either in the original prescription or by
oral order which is reduced promptly to writing and filed by the
pharmacist.
(2) The act of dispensing a drug contrary to the
provisions of this paragraph shall be item (1) is deemed
to be an act which results in the drug being misbranded while held for
sale.
(2)(3) Any A drug dispensed by
filling or refilling a written or oral prescription of a practitioner
licensed by law to administer such the drug shall
be is exempt from the requirements of Section 39-23-40,
except paragraphs (a) items (1), (i)(2)
(9)(b) and (3)(c), (k)(11), and
the packaging requirements of paragraphs (g) (7) and
(h) (8), if the drug bears a label containing the name
and address of the dispenser, the serial number and date of the
prescription or of its filling, the name of the prescriber, and if stated
in the prescription the name of the patient, and the directions for use
and cautionary statements, if any, contained in such
the prescription. This exemption shall does
not apply to any a drug dispensed in the course of the
conduct of a business of dispensing drugs pursuant to diagnosis by
mail, or to a drug dispensed in violation of paragraph (1)
of this subsection item (1).
(3)(4) The Commissioner
Department of Health and Environmental Control may
by regulation may remove drugs subject to Section
39-23-40(d)(4) and Section 39-23-70 from the
requirements of paragraph item (1) of this
subsection when such the requirements are not
necessary for the protection of the public health. Drugs removed from
the prescription requirements of the federal act by regulations issued
thereunder may under it also by regulations
issued promulgated by the Commissioner
Department of Health and Environmental Control,
may be removed from the requirements of paragraph
item (1) of this subsection.
(4)(5) A drug which is subject to paragraph
item (1) of this subsection shall be is
misbranded if at any time prior to before dispensing
its label fails to bear the statement `Caution: Federal law prohibits
dispensing without prescription.' A drug to which paragraph
item (1) of this subsection does not apply shall
be is deemed to be misbranded if at any time prior
to before dispensing its label bears the caution statement
quoted in the preceding sentence.
(5)(6) Nothing in this subsection shall be
construed to relieve any relieves a person from
any a requirement prescribed by or under authority of
law with respect to drugs now included or which may hereafter
be included within the classifications stated in Sections 44-49-10,
44-49-40, 44-49-50, and 44-53-110 to 44-53-580.
Section 39-23-55. (A) For purposes of this section, `sample'
means a unit of a drug which is not intended by the manufacturer to
be sold and which is intended to promote the sale of the drug.
(B) The department may not require the labeling of a prescription
or nonprescription drug sample for which a physician does not require
a federal or state controlled substance license to dispense, when the
physician dispenses it to a patient for no charge. If the sample is not
in the manufacturer's original package, the physician shall label it
meeting all requirements of nonsample prescription medication. If
adequate directions for usage are not provided on the manufacturer's
package, the physician shall give adequate written directions.
(C) The labeling exemption established in this section does not
apply when more than one hundred twenty dosage units or a thirty-day
supply of a drug in solid form or eight ounces of a drug in liquid form
is dispensed.
Section 39-23-60. In accordance with federal standards, the
Commissioner Department of Health and
Environmental Control shall promulgate regulations providing for the
listing of coal-tar colors which are harmless and suitable for use in
drugs for purposes of coloring only and for the certification of batches
of such the colors, with or without harmless diluents.
Section 39-23-70. (A) No person shall may
introduce or deliver for introduction into intrastate commerce
any a new drug unless an application filed pursuant to
subsection (B) is effective with respect to such the
drug, or an application with respect thereto to the
drug has been approved and such the approval has
not been withdrawn under Section 505 of the federal act.
(B) Any A person may file with the
Commissioner Director of the Department of Health
and Environmental Control an application with respect to any
a drug subject to the provisions of subsection (A).
Such The persons shall submit to the
Commissioner Director of the Department of Health
and Environmental Control as a part of the application:
(1) full reports of investigations which have been made to show
whether or not such the drug is safe for use;
(2) a full list of the articles used as components of such
the drug;
(3) a full statement of the composition of such
the drug;
(4) a full description of the methods used in, and the facilities
and controls used for, the manufacture, processing, and packing of
such the drug;
(5) such samples of such the drug and
of the articles used as components thereof of the drug
as the Commissioner Director of the Department of
Health and Environmental Control may require; and
(6) specimens of the labeling proposed to be used for
such the drug.
(C) An application provided for in subsection (B) shall
become is effective on the one hundred eightieth day after
the its filing thereof, except that if.
However, the Commissioner Director of the
Department of Health and Environmental Control, before the
effective date of the application, shall issue an order refusing to permit
the application to become effective if he finds, after due notice to
the applicant and giving him an opportunity for a
hearing,:
(1), that the drug is not safe or not effective for use under
the conditions prescribed, recommended, or suggested in
the its proposed labeling thereof; or
(2) the methods used in, and the facilities and controls used for,
the manufacture, processing, and packing of such the
drugs are inadequate to preserve its identity, strength, quality, and
purity; or
(3) based on a fair evaluation of all material facts, such
the labeling is false or misleading in any particular; he
shall, prior to the effective date of the application, issue an order
refusing to permit the application to become effective.
(D) If The Commissioner Director of the
Department of Health and Environmental Control, before the
effective date of the application, shall issue an order refusing to permit
the application to become effective if he finds, after due notice to
the applicant and giving him an opportunity for a hearing,
that:
(1) the investigations, reports of which are required to be
submitted to the Commissioner director pursuant to
subsection (B), do not include adequate tests by all methods
reasonably applicable to show whether or not such the
drug is safe for use under the conditions prescribed, recommended, or
suggested in the its proposed labeling thereof;
(2) the results of such the tests show that
such the drug is unsafe for use under such
the conditions or do not show that such the
drug is safe for use under such the conditions;
(3) the methods used in, and the facilities and controls used for,
the manufacture, processing, and packing of such the
drug are inadequate to preserve its identity, strength, quality, and
purity; or
(4) upon the basis of the information submitted to him as part
of the application or upon the basis of any other information
before him with respect to such the drug, he has
insufficient information to determine whether such the
drug is safe for use under such the conditions, he
shall, prior to the effective date of the application, issue an order
refusing to permit the application to become effective.
(E) The effectiveness of an application with respect to any
a drug shall, after due notice and opportunity for
hearing to the applicant, by order of the Commissioner
Director of the Department of Health and Environmental
Control stating the findings upon which it is based, must be
suspended if the Commissioner director finds
that:
(1) that clinical experience, tests by new methods, or
tests by methods not deemed reasonably applicable when such
the application became effective show that such
the drug is unsafe for use under conditions of use upon the
basis of which the application became effective,; or
(2) that the application contains any an
untrue statement of a material fact. The order shall state the
findings upon which it is based.
(F) An order refusing to permit an application with respect to
any a drug to become effective shall
must be revoked whenever the Commissioner
Director of the Department of Health and Environmental
Control finds that the facts so require.
(G) Orders of the Commissioner Director of the
Department of Health and Environmental Control issued under
this section shall must be served:
(1) in person by an officer or employee of the Department of
Health and Environmental Control designated by the
Commissioner director; or
(2) by mailing the order by registered mail addressed to the
applicant or respondent at his last known address in the records of the
Commissioner director.
(H) An appeal may be taken by the applicant from an order of the
Commissioner Director of the Department of Health
and Environmental Control refusing to permit the application to
become effective, or suspending the effectiveness of the
application. Such The appeal shall
must be taken by filing in the circuit court within any
a circuit wherein such in which the applicant
resides or has his principal place of business, within sixty days after
the entry of such the order, a written petition praying
that the order of the Commissioner director be set
aside. A copy of such the petition shall
must be forthwith served immediately upon
the Commissioner director or upon any
an officer designated by him for that purpose, and
thereupon the Commissioner director shall
certify and file in the court a transcript of the record upon which the
order complained of was entered. Upon the filing of such
the transcript such the court shall have
has exclusive jurisdiction to affirm or set aside such
the order. No objection to the order of the
Commissioner director shall may be
considered by the court unless such the objection
shall have has been argued before the
Commissioner director or unless there were reasonable
grounds for failure so to do. The findings of the
Commissioner director as to the facts, if supported by
substantial evidence, shall be are conclusive. If
any a person shall apply applies to the
court for leave to adduce additional evidence, and shall
show shows to the satisfaction of the court that
such the additional evidence is material and that there
were reasonable grounds for failure to adduce such the
evidence in the proceeding before the Commissioner
director, the court may order such the
additional evidence to be taken before the Commissioner
director and to be adduced upon the hearing in such
a manner and upon such terms and conditions
as the court may deem proper. The Commissioner
director may modify his findings as to the facts by reason of
the additional evidence so taken, and he shall file with the court
such the modified findings which, if supported by
substantial evidence, shall be are conclusive, and his
recommendation, if any, for the setting aside of the original order. The
judgment and decree of the court affirming or setting aside any
such an order of the Commissioner
director shall be is final, subject to review as
provided by statute. The commencement of proceedings under this
subsection shall not, unless specifically ordered by the court to
the contrary, does not operate as a stay of the
Commissioner's director's orders.
(I) The Commissioner Department of Health and
Environmental Control shall promulgate regulations for exempting
from the operation of this section drugs intended solely for
investigational use by experts qualified by scientific training and
experience to investigate the safety of drugs.
Section 39-23-80. (A) It is unlawful to do or cause the following
acts:
(1) introduction or delivery for introduction into commerce
within the State of a drug or device that is adulterated or misbranded;
(2) adulteration or misbranding of a drug or device in intrastate
commerce;
(3) receipt in intrastate commerce of a drug or device that is
adulterated or misbranded, and the delivery or proffered
delivery of a drug or device for pay or otherwise;
(4) manufacture of a drug or device within the State which is
adulterated or misbranded;
(5) forging, counterfeiting, simulating, or falsely representing,
or without proper authority using any a mark, stamp,
tag, or label, or other identification device authorized
or required by regulations promulgated under the provisions of this
chapter or the federal act;
(6) alteration, mutilation, destruction, obliteration, or removal
of the whole or any a part of the labeling of, or the
doing of any other another act with respect to, a drug
or device, if the act is done while the article is held for sale,
(whether or not the first sale), after shipment
in intrastate commerce and results in the article being adulterated or
misbranded;
(7) using, on the label of a drug or in an advertisement relating
to the drug, any a representation or suggestion that an
application with respect to the drug is effective under Section
39-23-70, or that the drug complies with the provisions of that
section.
(B)(1) A person who violates a provision of this section is guilty
of a misdemeanor and, upon conviction, must be imprisoned not more
than two years, or fined not more than five thousand dollars,
or both for a first offense.
(2) A person convicted under this section for a second offense
is guilty of a felony and, upon conviction, must be imprisoned not
more than five years or fined not more than ten thousand dollars, or
both.
(3) A violation with intent to defraud or mislead is a felony and,
upon conviction, the person must be imprisoned not more than five
years or fined not more than ten thousand dollars, or both.
Section 39-23-100. (A) Any A drug or device that
is adulterated or misbranded when introduced into or while in
intrastate commerce or while held for sale, (whether
or not the first sale), after  shipment in intrastate
commerce, or which may not, under the provisions of
Section 39-23-50, may not be introduced into intrastate
commerce, shall be is liable to be proceeded against
while in intrastate commerce or at any after that time
thereafter, on libel of information and condemned in
any a circuit court of the State within the jurisdiction
of which the article is found; provided,. However,
that no libel for condemnation shall may be
instituted under this chapter, for any alleged
misbranding if there is pending in any a court a libel
for condemnation proceeding under this chapter based upon the same
alleged misbranding, and. Not more than one
such libel for condemnation proceeding shall
may be instituted if no such proceeding is so pending,
except that such the limitations shall
do not apply (1) when such misbranding has
been the basis of a prior judgment in favor of the State, in a
criminal injunction, or libel for condemnation proceeding under
this chapter, or (2) when the Commissioner
Director of the Department of Health and Environmental
Control has probable cause to believe from facts found, without
hearings, by him or any an officer or employee of the
Department of Health and Environmental Control that the misbranding
is dangerous to health, or that the labeling of the misbranded
article is fraudulent, or would be in a material respect
misleading to injury or damage of the purchaser or consumer. In
any case Where the number of libel for condemnation proceedings
is limited as above provided in this subsection, the
proceeding pending or instituted shall, on application of the
claimant, reasonably made, must be removed for trial to
any a circuit agreed upon by stipulation between the
parties, or, in case of for failure to so stipulate within
a reasonable time, the claimant may apply to the court of the circuit
in which the seizure has been made, and such the
court, (after giving the Attorney General or other
attorney for the Department of Health and Environmental Control
reasonable notice and opportunity to be heard), shall by
order, unless good cause to the contrary is shown, by order
shall specify a circuit of reasonable proximity to the claimant's
principal place of business to which the case shall
must be removed for trial.
(B) The article shall be is liable to seizure by
process pursuant to the libel, and the procedure in cases under this
section shall conform, as nearly as may be, to the procedure in
admiralty; except that. However, on demand of either
party, any an issue of fact joined in any
such a case shall must be tried by jury.
When libel for condemnation proceedings under this section, involving
the same claimant and the same issues of adulteration or misbranding,
are pending in two or more jurisdictions, such the
pending proceedings, upon application of the claimant reasonably
made to the court of one such jurisdiction of the
jurisdictions, shall must be consolidated for trial
by order of such that court, and tried in (1)
any a circuit selected by the claimant where one of
such the proceedings is pending; or (2)
a circuit agreed upon by stipulation between the parties. If no order
for consolidation is so made within a reasonable time, the claimant
may apply to the court of one such jurisdiction of the
jurisdictions, and such that court,
(after giving the Attorney General or other attorney for the
Department of Health and Environmental Control reasonable notice
and opportunity to be heard) shall by order, unless
good cause to the contrary is shown, by order shall specify a
circuit of reasonable proximity to the claimant's principal place of
business, in which all pending proceedings shall must
be consolidated for trial and tried. Such The order of
consolidation shall may not apply so as to require the
removal of any a case the date for trial of which has
been fixed. The court granting such the order shall
give prompt notification thereof of the order to the
other courts having jurisdiction of the cases covered thereby
by the order.
(C) The court at any time after seizure up to a reasonable time
before trial shall by order shall allow any
a party to a condemnation proceeding, his attorney or agent,
to obtain a representative sample of the article seized.
(D) Any A drug or device condemned under this
section shall, after entry of the decree, must be
disposed of by destruction or sale as the court may, in
accordance with the provisions of this section, may
direct and the proceeds thereof, if sold, less the legal costs and
charges, shall must be paid into to the
Treasury of the State of South Carolina; but such
Treasurer. However, the article shall must not
be sold under such the decree contrary to the
provisions of this chapter or the laws of the jurisdiction in which
sold; provided, that. After entry of the decree and
upon the payment of the costs of such proceedings and the
execution of a good and sufficient bond conditioned that such
the article shall must not be sold or disposed
of contrary to the provisions of this chapter or the laws of any
a state or territory in which sold, the court may by
order may direct that such the article be
delivered to the its owner thereof to be
destroyed or brought into compliance with the provisions of this
chapter under the supervision of an officer or employee duly
designated by the Commissioner Director of the
Department of Health and Environmental Control,
and. The expenses of such the
supervision shall must be paid by the person obtaining
release of the article under bond. Any An article
condemned by reason of its being an article which may not,
under Section 39-23-70, may not be introduced into intrastate
commerce, shall must be disposed of by destruction.
(E) When a decree of condemnation is entered against the article,
court costs of fees, and storage and other proper expenses,
shall must be awarded against the person, if any,
intervening as claimant of the article.
(F) In the case of For removal for trial of
any a case as provided by subsection (A) or (B):
(1) The clerk of the court from which removal is made
shall promptly shall transmit to the court in which the
case is to be tried all records in the case necessary in order that
such so the court may exercise jurisdiction.
(2) The court to which such the case was
removed shall have has the powers and be
is subject to the duties, for purposes of such
the case, which the court from which removal was made
would have had, or to which such the court would
have been subject, if such the case had not been
removed.
Section 39-23-110. Before any a violation of this
chapter is reported by the Commissioner Director of the
Department of Health and Environmental Control to the Attorney
General for institution of a criminal proceeding, the person against
whom such the proceeding is contemplated
shall must be given appropriate notice and an
opportunity to present his views, either orally or in writing,
with regard to such the contemplated proceeding.
Section 39-23-120. Nothing in this chapter shall
may be construed as requiring the Commissioner
Director of the Department of Health and Environmental
Control to report for prosecution, or for the institution of libel or
injunction proceedings, minor violations of this chapter whenever he
believes that the public interest will be adequately
served adequately by a suitable written notice or warning.
Section 39-23-130. The Commissioner Director of the
Department of Health and Environmental Control may,
upon service of written notice, may embargo any
a drug, or device, or other substance
for a period not to exceed more than fifteen
days if such the drug, device, or substance is suspected
of being adulterated or misbranded,. The purpose of
such the embargo being is to prevent
the removal of such the drug, device, or substance
from the jurisdiction of the Commissioner Director of the
Department of Health and Environmental Control until an
investigation of such the suspected adulteration or
misbranding may be conducted."
SECTION 126. Section 40-6-180 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 40-6-180. No license may be denied, suspended,
or revoked, and no other disciplinary action against a licensee may be
taken, until after fifteen days' notice has been given in writing to the
licensee or applicant stating the ground of the proposed action and
until a public hearing has been held at which he shall have opportunity
to be heard, present testimony in his behalf, and be confronted by
witnesses against him, if he requests the hearing. The commission, in
its discretion, may grant the accused a temporary permit to auction
pending the hearing and determination. Determinations must be made
and the licensee or applicant notified of them within five days after
the hearing. Any auctioneer notified of a suspension may request a
rehearing within twenty days from the date of notification of
determination. Upon a rehearing and continued denial, suspension, or
revocation of license, or other disciplinary action, or upon a refusal
for rehearing, the party is entitled to appeal his case to an
administrative law judge as provided under Article 5 of Chapter 23 of
Title 1 (the Administrative Procedures Act). The commission or its
authorized representatives may subpoena witnesses and documents for
any hearing and may administer oaths to the witnesses.
(A) Before denying, suspending, or revoking a license and
before issuing a written or oral reprimand or assessing a fine, the
commission shall notify the applicant or licensee of the charges and
grant the applicant or licensee an opportunity to be heard. The
hearing must be held not less than thirty days after the applicant or
licensee is notified of the charges. If charges are brought against an
apprentice auctioneer, the apprentice's supervising auctioneer also
must be notified of the charges. Hearing of the charges must be at a
time and place designated by the commission and must be conducted
in accordance with the Administrative Procedures Act.
(B) Every licensee or applicant aggrieved by a
decision of the commission in denying, suspending, or revoking any
license or in issuing reprimands or fines provided under the provisions
of this chapter may appeal from the decision of the commission to an
administrative law judge as provided under Article 5 of Chapter 23 of
Title 1."
SECTION 127. Section 40-15-210 of the 1976 Code, as last
amended by Act 181 of 1993, is further is amended to read:
"Section 40-15-210. The person whose license or
registration certificate has been suspended or revoked may, within
thirty days, appeal from the action of the board in suspending or
revoking the same to an administrative law judge as provided under
Article 5 of Chapter 23 of Title 1. The board shall certify to an
administrative law judge as provided under Article 5 of Chapter 23 of
Title 1 for its consideration a record of the hearing before the
board. Any person who practices dentistry or dental hygiene
or performs dental technological work, in violation of the provisions
of this chapter, is guilty of a misdemeanor and, upon conviction, must
be fined not more than one thousand dollars or imprisoned not more
than two years, or both. Each violation constitutes a separate offense.
The provisions of this section apply to any person aiding or abetting
in any violation of this chapter."
SECTION 128. Section 40-22-150 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 40-22-150. The Director of the Department of
Labor, Licensing, and Regulation, pursuant to Section 40-73-15, may
employ clerical or other assistants as necessary for carrying out the
duties of this chapter. The Director of the Department of
Labor, Licensing, and Regulation, or his designee, pursuant to Section
40-73-15, shall appoint and employ a qualified person to serve as
executive director, and shall fix his compensation and define his
duties. The executive director of the board shall have the power to
make contracts, with board approval, for the furtherance of the board's
functions and the management of the office. The director, or his
designee, may employ such other persons as may be necessary to carry
on the board's work. The salaries of employees and necessary
expenses incurred in the performance of their duties shall be paid out
of funds held by the board."
SECTION 129. Section 40-25-40(C) of the 1976 Code, as last
amended by Act 312 of 1992, is further amended to read:
"(C) Members of the commission in subsection (B)(1)(a)
through (d) must be appointed by the Governor with the advice and
consent of the Senate. Before appointing the member in subsection
(B)(1)(d) the Governor shall invite recommendations from the South
Carolina Hearing Aid Society, the Commission
Division on Aging in the Office of the Governor, the
Department of Consumer Affairs, the Department of Education, the
Department of Vocational Rehabilitation, the Board of Commissioners
of the School for the Deaf and the Blind, and other agencies or
organizations which might have knowledge of qualified citizens to
serve on the commission. The term of each member is four years.
Before a member's term expires the Governor, with the advice and
consent of the Senate, shall appoint a successor to assume his
the member's duties at the expiration of the term. A vacancy
must be filled in the manner of the original appointment. The
members annually shall designate one member as chairman and
another as secretary. No member of the commission who has served
two or more full terms may be reappointed until at least one year after
the expiration of his the member's most recent full
term of office."
SECTION 130. Section 40-35-10(5) of the 1976 Code, as last
amended by Act 605 of 1990, is further amended to read:
"(5) `Qualified mental retardation professional' means a
person who, by training and experience, meets the requirements of
applicable federal law and regulations for a qualified mental
retardation professional, as determined by the South Carolina
Department of Mental Retardation Department of Disabilities
and Special Needs."
SECTION 131. Section 40-35-140 of the 1976 Code, as last
amended by Act 605 of 1990, is further amended to read:
"Section 40-35-140. Habilitation centers for the mentally
retarded or persons with related conditions funded in whole or in part
by the Department of Mental Retardation Disabilities and
Special Needs must be under the supervision of a licensed nursing
home administrator or a qualified mental retardation professional who
has been determined by the department to have the requisite training
and experience."
SECTION 132. Section 40-47-140 of the 1976 Code, as last
amended by Act 432 of 1990, is amended further to read:
"Section 40-47-140. (A) The board by regulation
shall establish minimum standards of performance to be attained on
examinations for an applicant to qualify for a license.
(B) For FLEX examinations taken before June 1, 1985,
the following standards apply:
An applicant for permanent licensure shall obtain, in one sitting, a
score of at least seventy-five on each day of the examination. If the
applicant has a FLEX weighted average of seventy-five or more with
no daily score below seventy, the board may accept this score if the
applicant currently is board certified by a specialty board recognized
by the American Board of Medical Specialties.
(C) For FLEX examinations taken after June 1, 1985, the
following standards apply:
An applicant for permanent licensure shall obtain a score of
seventy-five or more on both Component I and Component II. An
applicant shall pass both components within five years of the first
taking of any component of this examination.
(D) For the SPEX (Special Purpose) examination, the
following standards apply:
An applicant for permanent licensure who has not passed National
Boards, FLEX, SPEX, or been certified or recertified by a Specialty
Board recognized by the American Board of Medical Specialties
within ten years of the date of his application to this board, shall pass
the SPEX exam. A passing score on the SPEX examination is
seventy-five or better. This requirement is in addition to all other
requirements for licensure. The SPEX examination requirement does
not apply to a physician employed full time by the South Carolina
Department of Corrections, South Carolina Department of Health and
Environmental Control, State Department of Mental Health, and
State Mental Retardation Department Department of
Disabilities and Special Needs acting within the scope of his
employment. A license issued to this physician is revoked
immediately if he leaves the full-time employment or acts outside his
scope of employment. However, the SPEX examination requirement
applies to a physician providing services under a contract for the State
and a physician providing services for which there is an expectation
of payment, is payment for services, or should have been payment
from a source other than the salary the physician receives from the
State."
SECTION 133. Section 40-73-15(a) of the 1976 Code, as added
by Act 181 of 1993, is amended to read:
"(a) The following professions and occupations shall
hereafter must be administered by the Department of
Labor, Licensing, and Regulation:
(1) accountants;
(2) architects;
(3) Athletic Commission;
(4) auctioneers;
(5) barbers and barbering;
(6) barrier free design board;
(7) building code council;
(8) burglar alarm business;
(9) chiropractors and chiropractic;
(10) contractors;
(11) cosmetologists;
(12) dentists, dental hygienists and dental
technicians;
(13) embalmers and funeral directors/funeral service
board;
(14) engineers and land surveyors;
(15) environmental systems operators;
(16) fire sprinkler contractors;
(17) foresters registration board;
(18) geologists;
(19) Harbor Pilots/Pilotage Commission;
(20) Liquefied Petroleum Gas Board;
(21) Manufactured Housing Board;
(22) Modular Appeals Board;
(23) nurses;
(24) nursing home administrators;
(25) occupational therapists;
(26) optometrists;
(27) opticians;
(28) pharmacists;
(29) physical therapists;
(30) physicians, surgeons and osteopaths;
(31) podiatrists and podiatry;
(32) professional counselors, and marital
and family therapists;
(33) psychologists;
(34) Pyrotechnic Safety Board;
(35) real estate brokers and appraisers,
counsellors, salesmen, appraisers, auctioneers, and property
managers;
(36) residential home builders;
(37) sanitarians;
(38) social workers;
(39) speech/language pathologists and
audiologists;
(40) veterinarians."
SECTION 134. The 1976 Code is amended by adding:
"Section 40-73-17. Notwithstanding any other provision of
law, the South Carolina Department of Labor, Licensing and
Regulation shall provide legal services to all its divisions including
those which by statute are provided legal services by the Attorney
General of South Carolina."
SECTION 135. Section 41-10-70 of the 1976 Code, as last
amended by Act 463 of 1990, is further amended to read:
"Section 41-10-70. Upon written complaint of any employee
alleging a violation of this chapter, the Commissioner of Labor
Director of the Department of Labor, Licensing, and Regulation
or his designee may institute an investigation of the alleged
violation. If the Commissioner of Labor director
determines that a violation exists, he shall endeavor to resolve all
issues by informal methods of mediation and conciliation."
SECTION 136. Section 41-10-80 of the 1976 Code, as last
amended by Act 463 of 1990, is further amended to read:
"Section 41-10-80. (A) Any employer who violates the
provisions of Section 41-10-30 must be given a written warning by the
Commissioner of Labor Director of the Department of
Labor, Licensing, and Regulation or his designee for the first
offense and must be assessed a civil penalty of not more than one
hundred dollars for each subsequent offense.
(B) Any employer who violates the provisions of Section 41-10-40
must be assessed a civil penalty of not more than one hundred dollars
for each violation. Each failure to pay constitutes a separate offense.
(C) In case of any failure to pay wages due to an employee as
required by Section 41-10-40 or 41-10-50 the employee may recover
in a civil action an amount equal to three times the full amount of the
unpaid wages, plus costs and reasonable attorney's fees as the court
may allow. Any civil action for the recovery of wages must be
commenced within three years after the wages become due.
(D) The Commissioner of Labor director shall
promulgate regulations to establish a procedure for administrative
review of any civil penalty assessed by the commissioner
him."
SECTION 137. Section 41-10-90 of the 1976 Code, as last
amended by Act 380 of 1986, is further amended to read:
"Section 41-10-90. In each case where a civil penalty
assessed under subsection (A) or (B) of Section
41-10-80(A) or (B) is not paid within sixty days, the
Commissioner of Labor Director of the Department of
Labor, Licensing, and Regulation or his designee shall bring an
action against the assessed employer for collection of the penalty.
Any amounts collected must be turned over to the State Treasurer for
deposit in the general fund of the State."
SECTION 138. Section 41-10-110 of the 1976 Code, as last
amended by Act 380 of 1986, is further amended to read:
"Section 41-10-110. The Commissioner of Labor, his
inspectors, agents, or designees Director of the Department of
Labor, Licensing, and Regulation or his designee, upon proper
presentation of credentials to the owner, manager, or agent of the
employer, may enter at reasonable times and have the right to question
either publicly or privately any employer, owner, manager, or agent
and the employees of the employer and inspect, investigate, reproduce,
or photograph time records or payroll records for the purpose of
determining that the provisions of this chapter are complied
with."
SECTION 139. Section 41-13-20 of the 1976 Code is amended to
read:
"Section 41-13-20. No employer in this State shall
may engage in any oppressive child labor practices. The
Commissioner of Labor Director of the Department of
Labor, Licensing, and Regulation or his designee shall promulgate
regulations pursuant to Sections 1-23-10, et seq. which will
prohibit and prevent such oppressive child labor practices
provided that such. However, the regulations
shall must not be more restrictive or burdensome than
applicable federal laws or regulations."
SECTION 140. Section 41-13-25 of the 1976 Code, as last
amended by Act 135 of 1989, is further amended to read:
"Section 41-13-25. (A) As determined by the
Commissioner of Labor Director of the Department of
Labor, Licensing, and Regulation or his designee, an employer
who violates a child labor regulation promulgated pursuant to this
chapter must be given a written warning of the violation for a first
offense and fined not less than ten dollars nor more than fifty
dollars for each subsequent offense. Each day during which the
violation continues is a separate offense, and each child employed in
violation of a regulation is a separate offense.
(B) The findings of the commissioner director,
including the amount of the fine, are final unless within thirty days
after receipt of their notice by certified mail the employer requests in
writing to the commissioner a review of the findings or the amount of
the fine. If a request for review is made to the commissioner
director, a final determination must be made after an
opportunity for a hearing pursuant to the Administrative Procedures
Act.
(C) The amount of the fine as finally determined may be recovered
in a civil action brought in a court of competent jurisdiction and
deposited in the state general fund."
SECTION 141. Section 41-13-50 of the 1976 Code is amended to
read:
"Section 41-13-50. The Commissioner of Labor and the
inspectors and agents Director of the Department of Labor,
Licensing, and Regulation or his designee of the Department
of Labor shall enforce the provisions of this chapter, make
complaints against persons violating its provisions, and
institute prosecutions for violation thereof of
them."
SECTION 142. Section 41-13-60 of the 1976 Code is amended to
read:
"Section 41-13-60. The Commissioner
director and the inspectors and agents of the
Department division may enter and inspect at any time
any place or establishment where minors are employed and may have
access to all such records as may aid in the enforcement of this
chapter."
SECTION 143. Section 41-15-90 of the 1976 Code is amended to
read:
"Section 41-15-90. The Commissioner of Labor
Director of the Department of Labor, Licensing, and Regulation
or his designee shall issue rules and regulations requiring that
employers keep their employees informed of their protections and
obligations under this chapter, including the provisions of applicable
safety and health regulations, through the posting of notices or other
appropriate means. The provisions of Section 41-15-80 and this
section shall do not apply to employers subject to the
provisions of the Federal Railway Safety Act of 1970."
SECTION 144. Section 41-15-100 of the 1976 Code is amended
to read:
"Section 41-15-100. The Commissioner of Labor
Director of the Department of Labor, Licensing, and Regulation
or his designee shall issue regulations requiring employers to
monitor and measure an employee's exposure to potentially toxic
materials or harmful physical agents and to maintain accurate records
of such the employee exposure. Such
These regulations shall must provide
employees or their representatives with an opportunity to observe
such the monitoring or measuring and to have access
to the records thereof of it. Such
These regulations shall also must make
appropriate provision for each employee or former employee to have
access to such records as will indicate his own exposure to
toxic materials or harmful physical agents. Each employer shall
notify promptly notify any employee who has been or
is being exposed to toxic material or harmful physical agents in
concentrations or at levels which exceed those prescribed by an
applicable occupational safety and health standard promulgated under
Sections 41-15-210 to 41-15-330, as amended, and shall
inform any employee who is being thus exposed of the corrective
action being taken.
Where appropriate, such these regulations
also shall also prescribe the type and frequency of
medical examinations or other tests which shall must
be made available, by the employer or at his cost, to employees
exposed to such the hazards in order to most
effectively determine whether the health of such the
employees is adversely affected by such the exposure.
The results of such the medical examinations or other
tests shall must be made available to the employer, the
Commissioner director, and at the request of the
employee, to his physician.
In the event If such the medical
examinations or other tests are in the nature of research, such
the examinations may be furnished at the expense of the
Department Division of Labor. The results of
such the examinations or tests shall
must be furnished only to the Commissioner of Labor
director and, at the request of the employee, to his
physician."
SECTION 145. Section 41-15-210 of the 1976 Code is amended
to read:
"Section 41-15-210. The Commissioner of Labor
Director of the Department of Labor, Licensing, and Regulation
or his designee may promulgate, modify, or revoke rules
and regulations which will have full force and effect of law upon
being properly certified and filed for the purpose of attaining the
highest degree of health and safety protection for any and all
employees working within the State of South Carolina, whether
employed in the public or private sector."
SECTION 146. Section 41-15-220 of the 1976 Code is amended
to read:
"Section 41-15-220. (A) Before the promulgation,
modification, or revocation of a regulation issued pursuant to this
article, the commissioner director shall conduct a
public hearing at which all interested persons, including employer and
employee representatives, must be provided an opportunity to appear
and present their comments orally or written, or both. Notice of the
hearing must be published in the State Register and in at least three
newspapers, at least one of which has circulation in upper, lower, and
middle South Carolina, once a week for three weeks. The notice must
contain the date, time, and place of the hearing and a brief description
of the proposed regulation.
(B) Occupational safety and health standards promulgated pursuant
to this article are not subject to the Administrative Procedures Act.
After promulgation the department division shall file
a notice in the Legislative Council to be published in the State
Register. This notice must refer to the federal occupational safety and
health administration standards which have been repromulgated under
this section and give specific notice of differences between the state
and federal standard. Filing and publication of notice in the State
Register give notice of the contents of the standard to a person subject
to or affected by it.
(C) Publication of the notice creates a rebuttable presumption that
the:
(1) standard to which it refers was promulgated under this
section;
(2) notice was filed and made available for public inspection at
the day and hour stated in it;
(3) copy on file in the Legislative Council is a true copy of the
original."
SECTION 147. Section 41-15-230 of the 1976 Code is amended
to read:
"Section 41-15-230. Any rule or regulation promulgated,
modified, or revoked under this article may contain a
provision delaying its effective date for such a period
(not in excess of ninety days) as the Commissioner
director determines may be necessary to insure that affected
employers and employees will be informed of the existence,
modification, or revocation of the rule or regulation and of its
terms and that employers affected are given an opportunity to
familiarize themselves and their employees with the existence of the
requirements of the rule or regulation."
SECTION 148. Section 41-15-240 of the 1976 Code is amended
to read:
"Section 41-15-240. Any affected employer may apply to the
Commissioner of Labor Director of the Department of
Labor, Licensing, and Regulation or his designee for a temporary
permit granting a variance from a rule or regulation or any provision
thereof of it promulgated under this article. Affected
employees shall must be given notice by the employer
of each such application and shall must be
furnished an opportunity to participate in any hearing which
shall must be directed at the request of the employer
or by the Commissioner director on his own motion.
Such The temporary permit shall must
be granted at the discretion of the Commissioner
director if sufficient evidence establishes that:
(a) He is unable to comply with a rule or regulation by its
effective date because of unavailability of professional or technical
personnel or of materials and equipment needed to come into
compliance with the rule or regulation or because necessary
construction or alteration of facilities cannot be completed by the
effective date;.
(b) He is taking all available steps to safeguard his employees
against the hazard covered by the rule or regulation;.
(c) He has an effective program for coming into compliance with
the rule or regulation as quickly as practicable. Any temporary permit
issued under this section shall must prescribe the
practices, means, methods, operations, and processes which
the employer must shall adopt and use while the
permit is in effect and state in detail his program for coming into
compliance with the rule or regulation.
No temporary permit may be in effect for longer than the period
needed by the employer to achieve compliance with the rule or
regulation or for one year, whichever is shorter, except that
such an order may be renewed not more than twice (1)
so long as the requirements of this paragraph are met and (2)
if an application for a renewal is filed at least ninety days prior
to before the expiration date of the order. The form of
the application itself for a temporary permit shall must
be as prescribed by the Commissioner director."
SECTION 149. Section 41-15-250 of the 1976 Code is amended
to read:
"Section 41-15-250. Any affected employer may apply to the
Commissioner director for a permit for a permanent
variance from a rule or regulation promulgated under this article.
Affected employees and their bargaining representative, if any,
shall must be given notice by the employer of each
such application and shall must be furnished
an opportunity to participate in a hearing. The Commissioner
director shall issue such the permit if he
determines on the record, after opportunity for an inspection where
applicable and a hearing, that the proponent of a variance has
demonstrated by a preponderance of the evidence that the conditions,
practices, means, methods, operations, or processes used or
proposed to be used by an employer will provide employment and
places of employment to his employees which are as safe and healthful
as those which would prevail if he complied with the rule and
regulation. The permit so issued shall must prescribe
the conditions the employer must shall maintain and
the practices, means, methods, operations, and processes
which he must shall adopt and utilize to the extent
they differ from the rule or regulation in question. Such a
This permit may be revoked or modified upon application by
an employer, employee, or by the Commissioner
director on his own motion, in the manner prescribed for its
issuance under this section at any time after six months from its
issuance."
SECTION 150. Section 41-15-260 of the 1976 Code is amended
to read:
"Section 41-15-260. (A) The Commissioner
director, his inspectors, compliance officers, agents,
or designees, upon proper presentation of credentials to the owner,
manager, or agent of the employer, shall enter at reasonable
times and have has the right to question either publicly
or privately any such employer, owner, manager,
agent, or the employees of the employer and inspect,
investigate, reproduce, photograph, and sample all pertinent
places, sites, areas, work injury records, and such
other records during regular working hours and at other reasonable
times, and within reasonable limits, and in a reasonable manner when
such it comes under the jurisdiction of the
Commissioner director to enforce the occupational
safety and health provisions of this title.
(B) If an inspector is denied admission for purposes of inspection,
the Commissioner director may seek a warrant as
follows:
(1) Any circuit judge having jurisdiction where the inspection
and investigation is to be conducted is empowered to
may issue administrative warrants upon proper showing of the
need for such entry. Such The inspection and
investigation may include interviewing of employees, photographing,
reproducing, sampling, and such other tests and acts as
are necessary to carry out the purposes of the inspection and
investigation.
(2) A warrant shall may be issued only upon an
affidavit of an officer or employee of the Department
Division of Labor duly designated and having knowledge of
the facts alleged, sworn to before the circuit judge establishing the
grounds for issuing the warrant and certifying that request for
permission to conduct the inspection has been made to the employer
concerned and was refused and that the Commissioner of
Labor director has authorized the application for issuance
of the warrant. If the circuit judge is satisfied that grounds for the
application exist, he shall issue a warrant identifying the area,
premises, building, or conveyance to be inspected, the purpose
of such inspection, and, where appropriate, the type of property
to be inspected. The warrant shall must be directed
to a person authorized by the Commissioner of Labor
director to execute it. The warrant shall must
state the grounds for issuance with the supporting affidavit being made
a part thereof of it. It shall must
command the person to whom it is directed to inspect the area,
premises, building, or conveyance identified for the purpose specified.
The warrant shall must direct that it be served at a
reasonable time. It shall and designate the circuit
judge to whom it shall must be returned.
(3) A warrant issued pursuant to this section shall
must be served within ten days and returned within thirty days
of its date of issue. The circuit judge who has issued a warrant under
this section shall attach to the warrant a copy of the return and all
papers filed in connection therewith with it and shall
cause them to be filed with the court which issued such
the warrant.
(4) Any circuit judge authorized to issue warrants pursuant to
this section shall keep a record along with a copy of the return warrant
and supporting affidavit and documents for a period of three years
from date of issuance of each warrant. The record shall
must be on a form prescribed by the Commissioner of
Labor director and reflect as to each warrant:
(a) date and exact time of issue;
(b) name of person to whom warrant issued;
(c) name of person whose establishment or site is to be
inspected;
(d) reason for issuance of warrant;
(e) date and time of return."
SECTION 151. Section 41-15-270 of the 1976 Code is amended
to read:
"Section 41-15-270. The Commissioner of Labor
Director of the Department of Labor, Licensing, and Regulation
or his designee may subpoena witnesses, documents, take and
preserve testimony, examine witnesses, administer oaths, and,
upon proper presentation of credentials to the owner, manager or agent
of the employer, enter any place, site, or area where
employment comes under the jurisdiction of the Commissioner
director and interrogate any person employed therein
in it or connected therewith with it or the
proper officers of a corporation or employer, or he may file a written
or printed list of interrogatories and require full and complete answers
to them to be returned under oath within fifteen days of the receipt of
such the list."
SECTION 152. Section 41-15-280 of the 1976 Code is amended
to read:
"Section 41-15-280. If, upon inspection or investigation, the
Commissioner director or his authorized representative
ascertains that an employer has violated a requirement of any rule or
regulation promulgated pursuant to this article, he shall with
reasonable promptness shall issue a citation to the employer.
Each citation shall must be in writing and shall
must describe with particularity the nature of the violation or
violations, including a reference to any statute or rule or regulation
alleged to have been violated. The citation shall fix a reasonable time
for the abatement of the violation. The Commissioner
director may prescribe procedures for the issuance of a notice
in lieu of a citation with respect to de minimis violations which have
no direct or immediate relationship to safety or health. Such
This notice shall have has the effect of a
recommendation to the employer;. Compliance
will is not be required.
Each citation issued under this section, or a copy or copies
thereof of it, shall must be
posted prominently posted, as prescribed in regulations
issued by the Commissioner director, at or near each
place a violation referred to in the citation occurred.
No citation may be issued under this section after the expiration of
six months following the occurrence of any violation."
SECTION 153. Section 41-15-290 of the 1976 Code is amended
to read:
"Section 41-15-290. (a) The court of common pleas of the
county where the place of employment is located shall have
has jurisdiction, upon petition of the Commissioner of
Labor Director of the Department of Labor, Licensing, and
Regulation or his designee, to restrain any conditions or practices
in any place of employment which are such that a danger exists which
reasonably could reasonably be expected to cause
death or serious physical harm immediately or before the imminence
of such the danger can be eliminated through the
enforcement procedures provided by law. Any order issued under this
section may require such steps to be taken as may be necessary
to avoid, correct, or remove such the imminent danger
and prohibit the employment or presence of any individual in locations
or under conditions where such the imminent danger
exists, except individuals whose presence is necessary to avoid,
correct, or remove such imminent danger or to maintain the capacity
of a continuous process operation to resume normal operations without
a complete cessation of operations, or where a cessation of operations
is necessary to permit such it to be accomplished in
a safe and orderly manner.
(b) Upon the filing of any such a petition the court
of common pleas shall have has jurisdiction to grant
such the injunctive relief or temporary restraining
order pending the outcome of an enforcement proceeding pursuant to
the law.
(c) Whenever and as soon as a safety specialist concludes that
conditions or practices described in item subsection (a)
exist in any place of employment, he shall inform the affected
employees and employers of the danger and that he is recommending
to the Commissioner director that relief be sought.
(d) If the Commissioner of Labor, or his authorized
representative, Director of the Department of Labor,
Licensing, and Regulation or his designee arbitrarily or
capriciously fails to seek relief under this section, any employee who
may be injured or aggrieved by reason of such the
failure, or the representative of such the employees,
may bring an action against the Commissioner director
in the court of common pleas for the district in which the imminent
danger is alleged to exist, or the employer has its principal office, or
an affected employee resides, for a writ of mandamus to compel the
Commissioner director to seek such an order
and for such further relief as may be appropriate."
SECTION 154. Section 41-15-300 of the 1976 Code is amended
to read:
"Section 41-15-300. If, after an inspection or investigation,
the Commissioner director issues a citation, he
shall within a reasonable time after the termination of such
the inspection or investigation, he shall
notify the employer by certified mail of the penalty, if any, assessed
under Section 41-15-320."
SECTION 155. Section 41-15-310 of the 1976 Code is amended
to read:
"Section 41-15-310. The Commissioner of Labor
Director of the Department of Labor, Licensing, and Regulation
or his designee shall promulgate regulations as may be necessary
to establish a procedure for administrative review before the
Commissioner director or his authorized representative
or representatives for any employer or employee or employee's
representative affected or aggrieved by (1) any act of the
Commissioner director, (2) any citation issued
by the Commissioner director, (3) any penalty
assessed by the Commissioner director, or (4)
any period of abatement set by the Commissioner
director.
Any employer, or employee or their representatives
has the right to appear as a party in any review proceedings before the
Commissioner director or his authorized representative
or representatives by giving written notice to the Commissioner of
Labor director within twenty days of the act or receipt of
citation, or notice of the penalty or period of abatement.
Within a reasonable time, the Commissioner
director shall make and serve in writing, upon each party, his
decision, which becomes final upon the thirtieth day after service
thereof.
Any employer or employee or their representative or representatives
aggrieved by any order or findings of the Commissioner
director may obtain a review of the order or findings by
petitioning the court of common pleas in the county where the
employer maintains his principal place of business or where the
violation is alleged to have occurred for a review of the order or
findings by proper service upon the Commissioner of Labor
director within thirty days after service upon the party of the
decision of the Commissioner director. The
commencement of proceedings under this section shall not,
unless ordered by the court, do not operate as a stay of the
order of the Commissioner director. No objection that
has not been urged before the Commissioner director
shall may be considered by the court.
Notwithstanding the above provisions of this section, on October
1, 1983, or such later time as the South Carolina Occupational Health
and Safety Review Board is duly constituted, the Commissioner of
Labor shall cease to provide administrative review pursuant to this
section. All matters pending before the Commissioner of Labor
pursuant to this section and the regulations hereunder shall be
transferred to the South Carolina Occupational Safety and Health
Review Board on October 1, 1983, or such later time as it is duly
constituted."
SECTION 156. Section 41-15-320 of the 1976 Code, as last
amended by Act 25 of 1991, is further amended to read:
"Section 41-15-320. (a) Any employer who wilfully or
repeatedly violates any occupational safety or health rule or regulation
promulgated pursuant to this article may be assessed a civil penalty of
not more than seventy thousand dollars for each violation.
(b) Any employer who has received a citation for a serious
violation of an occupational safety or health rule or regulation
promulgated pursuant to this article may be assessed a civil penalty
of up to not more than seven thousand dollars for each
such violation.
(c) Any employer who has received a citation for a violation of an
occupational safety or health rule or regulation or order promulgated
pursuant to this article, and such the violation is
specifically determined not to be of a serious nature, may be assessed
a civil penalty of up to not more than seven thousand
dollars for each such violation.
(d) Any employer who fails to correct a violation for which a
citation has been issued under Section 41-15-280 within the period
permitted for its correction (which period shall does
not begin to run until the date of the final order of the
commissioner director in the case of any review
proceeding initiated by the employer in good faith and not solely for
delay or avoidance of penalties), may be assessed a civil penalty of
not more than seven thousand dollars for each day during which
such the failure or violation continues.
(e) Any employer who wilfully violates any occupational safety or
health rule or regulation promulgated pursuant to this article and that
violation causes death to any employee shall be deemed
is guilty of a misdemeanor and, upon conviction,
must be punished by a fine of fined not more
than ten thousand dollars or by imprisonment for
imprisoned not more than six months, or by both;
except that. However, if the conviction is for a violation
committed after a first conviction of such the person,
punishment shall he must be by a fine of
fined not more than twenty thousand dollars or by
imprisonment for imprisoned not more than one year, or
by both.
(f) Any employer who violates any of the posting requirements,
as prescribed under the provisions of this article, may be assessed a
civil penalty of up to seven thousand dollars for each violation.
(g) Any person who gives advance notice of any inspection to be
conducted under this article, without authority from the
Commissioner of Labor Director of the Department of
Labor, Licensing, and Regulation or his designee, shall be
deemed is guilty of a misdemeanor and, upon
conviction, shall must be punished by a
fine of fined not more than one thousand dollars or by
imprisonment for imprisoned not more than six months,
or both.
(h) Whoever knowingly makes any false statement, representation,
or certification in any application, record, report, plan, or
other document filed or required to be maintained pursuant to this
article shall be deemed is guilty of a misdemeanor
and, upon conviction, shall must be
punished by a fine of fined not more than ten
thousand dollars or by imprisonment for imprisoned
not more than six months, or both.
(i) For the purposes of this section, an occupational safety
or health rule or regulation shall be is deemed to be
a rule or regulation promulgated by the Commissioner of
Labor Director of the Department of Labor, Licensing, and
Regulation or his designee pursuant to Section 41-15-210 which
requires conditions, or the adoption or use of one or more practices,
means, methods, operations, or processes necessary or appropriate to
provide safe or healthful employment and places of employment.
(j) For the purposes of this section, a serious violation
shall be deemed to exist exists in a place of
employment if there is a substantial probability that death or serious
physical harm could result from a condition which exists, or from one
or more practices, means, methods, operations, or processes which
have been adopted or are in use, in such the place of
employment unless the employer did not, and could not with the
exercise of reasonable diligence, know of the presence of the violation.
(k) Except for items subsections (e), (g),
and (h) which establishes establish a misdemeanor
over which the courts of general sessions have jurisdiction, all penalty
assessments shall must be made by the
Commissioner director.
(l) Any amounts collected under this section shall
must be turned over to the State Treasurer for deposit in the
general fund of the State."
SECTION 157. Section 41-15-520 of the 1976 Code is amended
to read:
"Section 41-15-520. Any employee believing that he has been
discharged or otherwise discriminated against by any person in
violation of Section 41-15-510 may, within thirty days after
such the violation occurs, may file a
complaint with the Commission Division of Labor
of the Department of Labor, Licensing, and Regulation
alleging such the discrimination. Upon receipt of
such the complaint, the Commissioner
Director of the Department of Labor, Licensing, and Regulation
or his designee shall cause investigation to be made as he
deems considers appropriate. If upon such
investigation the Commissioner director determines
that the provisions of Section 41-15-510 have been violated, he shall
institute an action in the appropriate court of common pleas against
such the person. In any such the
action the court of common pleas shall have has
jurisdiction for cause shown to restrain violations of Section
41-15-510 and shall order all appropriate relief including
rehiring or reinstatement of employee to his former position with back
pay."
SECTION 158. Section 41-16-20 (3), (4), (13), (14), (15), and
(16) of the 1976 Code are amended to read:
"(3) `Department Division' means the South
Carolina Department Division of Labor of the
Department of Labor, Licensing, and Regulation.
(4) `Commissioner Director' means the
Commissioner of the South Carolina Department of Labor or his
designee or representative Director of the Department of
Labor, Licensing, and Regulation or his designee.
(13) `New installation' means a facility, the construction or
relocation of which is begun, or for which an application for a new
installation permit is filed, on or after the effective date of regulations
relating to those permits adopted by the commissioner
director under authority of this chapter. All other installations
are existing installations.
(14) `Inspector' means an inspector employed by the
department division for the purpose of administering
this chapter.
(15) `Special inspector' means an inspector licensed by the
commissioner director and not employed by the
department division.
(16) `Provisions of this chapter' include regulations promulgated by
the commissioner director pursuant to this
chapter."
SECTION 159. Section 41-16-40 of the 1976 Code is amended to
read:
"Section 41-16-40. 1. The commissioner
Director of the Department of Labor, Licensing, and Regulation
or his designee shall promulgate regulations governing
maintenance, construction, alteration, and installation of facilities and
the inspection and testing of new and existing installations as
necessary to provide for the public safety and to protect the public
welfare. These regulations include, but are not limited to, regulations
providing for:
a. classifications of types of facilities.;
b. maintenance, inspection, testing, and operation of the various
classes of facilities.;
c. construction of new facilities.;
d. alteration of existing facilities.;
e. minimum safety requirements for all existing
facilities.;
f. control or prevention of access to facilities or dormant
facilities.;
g. the reporting of accidents and injuries arising from the use
of facilities.;
h. qualifications for obtaining an inspector's
license.;
i. the adoption of procedures for the issuance of
variances.;
j. the amount of fees charged and collected for inspection,
permits, and licenses. Fees must be set at an amount sufficient to
cover costs as determined from consideration of the reasonable time
required to conduct an inspection, reasonable hourly wages paid to
inspectors, and reasonable transportation and similar expenses.
2. Insofar as applicable, regulations adopted for facilities installed
after January 1, 1986, must be based on the American National
Standard Safety Code for Elevators, Dumbwaiters, Escalators, and
Moving Walks, and supplements thereto to it, A.17.1.
The commissioner director shall promulgate
regulations for facilities installed prior to before
January 1, 1986, according to the applicable provisions of the
American National Standard Safety Code as he considers necessary.
In promulgating regulations the commissioner director
may adopt the American National Standard Safety Code, or any part
of it, by reference.
3. The commissioner director shall furnish copies
of the regulations promulgated by him to any person who requests
them, without charge, or upon payment of a charge not to exceed the
actual cost of printing of the regulations."
SECTION 160. Section 41-16-50 of the 1976 Code is amended to
read:
"Section 41-16-50. The commissioner Director
of the Department of Labor, Licensing, and Regulation or his
designee is charged with the affirmative duty of administering and
enforcing the provisions of this chapter."
SECTION 161. Section 41-16-60 of the 1976 Code is amended to
read:
"Section 41-16-60. Within three months after the date of
promulgation of regulations under this chapter relating to registration
of facilities, the owner of every existing facility, whether or not
dormant, shall register each facility with the commissioner
Director of the Department of Labor, Licensing, and Regulation
or his designee, giving type, contract load and speed, name of
manufacturer, its location, and the purpose for which it is used and
any other information the commissioner director may
require. Registration must be made on a form to be furnished by the
department division upon request. Facilities, the
construction of which are commenced subsequent to the date of
promulgation of those regulations, must be registered in the manner
prescribed by the commissioner director."
SECTION 162. Section 41-16-70 of the 1976 Code is amended to
read:
"Section 41-16-70. All new and existing facilities, except
dormant facilities, must be tested and inspected in accordance with the
following schedule:
1. Every new or altered facility must be inspected and tested
before the operating permit is issued.
2. Every existing facility registered with the commissioner
director must be inspected within one year after the effective
date of the registration, except that the commissioner
director may, at his discretion, may extend by
regulation the time specified for making inspections.
3. Every facility must be inspected not less frequently
than at least annually, except that the
commissioner director may adopt regulations providing
for inspections of facilities at intervals other than annually.
4. The inspections required by items 1 to 3 of this section
must be made only by inspectors or special inspectors. An inspection
by a special inspector may be accepted by the commissioner
director in lieu of a required inspection by an inspector.
5. A report of every inspection must be filed with the
commissioner director by the inspector or special
inspector, on a form approved by and containing all information
required by the commissioner director, after the
inspection has been completed and within the time provided by
regulation, but not to exceed thirty days. The report shall
must include all information required by the
commissioner director to determine whether the owner
of the facility has complied with applicable regulations. For the
inspection required by item 1, the report shall must
indicate whether the facility has been installed in accordance with the
detailed plans and specifications approved by the commissioner
director and meets the requirements of the applicable
regulations.
6. In addition to the inspections required by items 1 to 3, the
commissioner director may provide by regulation for
additional inspections he considers necessary to enforce the provisions
of this chapter."
SECTION 163. Section 41-16-80 of the 1976 Code is amended to
read:
"Section 41-16-80. On and after the effective date of
regulations relating to alterations, detailed plans of each facility to be
altered must be submitted to the commissioner
director, together with an application for an alteration permit,
on forms to be furnished or approved by the commissioner
director. Repairs or replacements necessary for normal
maintenance are not alterations and may be made on existing
installations with parts equivalent in material, strength, and design to
those replaced, and no plans or specifications or application need be
filed for the repairs or replacements. However, nothing in this section
authorizes the use of any facility contrary to an order issued pursuant
to Section 41-16-110."
SECTION 164. Section 41-16-90 of the 1976 Code is amended to
read:
"Section 41-16-90. A permit must be issued by the
commissioner director before construction on a new
installation is begun. The department division shall
issue a permit for relocation or installation, as applicable, if the plans
and specifications indicate compliance with applicable regulations.
If the plans and specifications indicate a failure of compliance with
applicable regulations, the department division shall
give notice of necessary changes to the person filing the application.
After the changes have been made and approved, the
department division shall issue a permit.
Plans must be submitted in triplicate and must be
accompanied by an application for the permit on a form to be
furnished by the commissioner director. The plans
shall must include:
1. sectional plan of car and hoistway.;
2. sectional plan of machine room.;
3. sectional elevation of hoistway and machine room, including
the pit, bottom, and top clearance of car, and
counterweight.;
4. size and weight of guide rails, and guide rail bracket
spacing.;
5. other information which the department
division may require."
SECTION 165. Section 41-16-100 of the 1976 Code, as last
amended by Act 102 of 1993, is further amended to read:
"Section 41-16-100. Operating certificates must be issued by
the commissioner Director of the Department of Labor,
Licensing and Regulation to the owner of every facility when the
inspection report indicates compliance with the applicable provisions
of this chapter. However, no certificates may be issued if the fees
required by Section 41-16-140 have not been paid. Certificates must
be issued within thirty days after determination by the
department division that all deficiencies found upon
inspection have been corrected and all fees have been paid. No
facility may be operated after the thirty days or after any extension
granted by the commissioner director has expired,
unless an operating certificate has been issued.
The operating certificate shall must indicate the type
of equipment for which it is issued and, in the case of elevators,
shall must state whether passenger or freight,
and also shall state the contract load and speed for each
facility. The certificate must be posted conspicuously in the car of an
elevator or on or near a dumbwaiter, escalator, moving walk, handicap
lift, or manlift."
SECTION 166. Section 41-16-110 of the 1976 Code, as last
amended by Act 102 of 1993, is further amended to read:
"Section 41-16-110. If the commissioner Director
of the Department of Labor, Licensing, and Regulation has reason
to believe that the continued operation of a facility constitutes an
imminent danger which could reasonably could be
expected to injure seriously or cause death to members of the public,
the commissioner director may apply to the circuit
court in the county in which the imminently dangerous condition
exists for a temporary order for the purpose of enjoining the
imminently dangerous facility. Upon hearing, if considered
appropriate by the court, a permanent injunction may be issued to
ensure that the imminently dangerous facility be prevented or
controlled. Upon the elimination or rectification of the imminently
dangerous condition, the temporary or permanent injunction must be
vacated."
SECTION 167. Section 41-16-120 of the 1976 Code is amended
to read:
"Section 41-16-120. The commissioner
director, pursuant to regulation, may grant exceptions and
variances from the requirements of regulations promulgated for any
facility. Exceptions or variances must be reasonably related to the age
of the facility and may be conditioned upon a repair or modification
of the facility considered necessary by the commissioner
director to assure reasonable safety. However, no exception
or variance may be granted except to prevent undue hardship. These
facilities are subject to orders issued pursuant to Section
41-16-110."
SECTION 168. Section 41-16-130 of the 1976 Code is amended
to read:
"Section 41-16-130. Every owner of a facility subject to
regulation by this chapter shall grant access to that facility to the
commissioner director and department
division personnel administering the provisions of this
chapter. Inspections must be permitted at reasonable times, with or
without prior notice."
SECTION 169. Section 41-16-140 of the 1976 Code is amended
to read:
"Section 41-16-140. The commissioner
director shall promulgate regulations to charge and collect
fees for inspection, permits, and licenses. Fees may be set by
regulation not more than once each year. Fees established by the
commissioner director must be based upon the costs
of administering the provisions of this chapter and shall
must give due regard to the time spent by department
division personnel in performing duties and to any travel
expenses incurred."
SECTION 170. Section 41-16-150 of the 1976 Code is amended
to read:
"Section 41-16-150. Every facility must be maintained by the
owner in a safe operating condition and in conformity with the
regulations promulgated by the commissioner
director."
SECTION 171. Section 41-16-160 of the 1976 Code is amended
to read:
"Section 41-16-160. No political subdivision may make or
maintain any ordinance, bylaw, or resolution providing for the
licensing of special inspectors. Any ordinance, bylaw, or resolution
relating to the inspection, construction, installation, alteration,
maintenance, or operation of facilities within the limits of the political
subdivision, which conflicts with this chapter or with regulations
promulgated by the commissioner director, is void.
The commissioner, director in his discretion, may
accept inspections by local authorities in lieu of inspections required
by Section 41-16-70, but only upon a showing by the local
authority that applicable laws and regulations will be
consistently and literally will be enforced and that inspections
will be performed by special inspectors."
SECTION 172. Section 41-16-180 of the 1976 Code, as last
amended by Act 102 of 1993, is further amended to read:
"Section 41-16-180. 1. Any owner, operator, or
management company who fails to register a facility as required by
Section 41-16-60 may be assessed a civil penalty of not more than
five hundred dollars for each facility not registered.
2. Any owner, operator, or management company who fails to
correct a violation of any safety standard promulgated pursuant to this
chapter after being given written notice by the commissioner
Director of Labor, Licensing, and Regulation or his designee
of the standard and of the time set for its correction may be assessed
a civil penalty of not more than one thousand dollars for each
such violation.
3. Any owner, operator, or installation contractor who begins
alteration, relocation, or installation of a facility before permits are
issued pursuant to Sections 41-16-80 or 41-16-90 may be assessed a
civil penalty of not more than two times the applicable permit fee.
4. Any owner, operator, or management company who fails to
report an accident which results in serious injury to any person other
than an employee of the owner or operator may be assessed a civil
penalty of not more than one thousand dollars.
5. Any owner, operator, or management company who operates
a facility after an order of the commissioner director
declaring that facility dormant, temporarily decommissioned, or
otherwise ineligible for an operating permit may be assessed a civil
penalty of not more than two thousand dollars for each such
violation.
6. All amounts collected under this section must be turned over
to the State Treasurer for deposit in the general fund of the State.
7. Any owner, operator, management company, or contractor
affected or aggrieved by any:
(a) any act of the commissioner director,
(b) any citation issued by the commissioner
director,
(c) any penalty assessed by the commissioner
director, or
(d) any abatement period set by the commissioner
director may petition the commissioner
director within thirty days of notice of the act complained of
for administrative review. The provisions of Article II
III (Administrative Procedures) of Act 176 of 1977
Chapter 23 of Title 1, as amended, shall govern
contested cases of this nature."
SECTION 173. Section 41-17-10 of the 1976 Code is amended to
read:
"Section 41-17-10. The Commissioner of Labor
Director of the Department of Labor, Licensing, and Regulation
or his designee or his agents shall:
(a) investigate industrial disputes or strikes or lockouts arising
between employer and employees or capital and labor,;
(b) ascertain, as near as may be, the cause or causes of
such the industrial disputes or strikes or
lockouts,;
(c) make a finding of fact in respect thereto, to
them;
(d) endeavor, as far as possible, to remove misunderstandings or
differences and to induce both sides to such an industrial
dispute or strike or lockout to arrive at an agreement,;
(e) nominate, appoint, or act as arbitrators when so
requested by both sides to such a the controversy
and;
(f) in general, remove as far as possible the causes for industrial
disputes or strikes or lockouts and induce an amicable settlement of
them.
Unless the Commissioner director or his agents find
it inadvisable so to do the finding of fact of the Commissioner
director or his agents as to all such disputes
shall must be reported to the Governor as soon as
practicable in each case and annually to the General Assembly."
SECTION 174. Section 41-17-20 of the 1976 Code, is amended
to read:
"Section 41-17-20. When the Commissioner
director or his agents shall fail to induce both sides of
such an industrial dispute or strike or lockout to arrive at an
agreement, the Commissioner he may appoint a
committee of three as follows: one from capital, one from
labor, and one at large. The Commissioner
director shall be is ex officio chairman of
such the committee. The duties of the committee
shall be are the same as those prescribed for the
Commissioner director in Section 41-17-10."
SECTION 175. Section 41-17-40 of the 1976 Code is amended to
read:
"Section 41-17-40. The Commissioner of Labor
director or his agents may summon and examine in public or
in executive session any person concerned in any such
a strike or lockout or industrial dispute or any other person
within the State and may compel them to testify."
SECTION 176. Section 41-17-50 of the 1976 Code is amended to
read:
"Section 41-17-50. The Commissioner of Labor
director or his agents may compel the production of books or
documents relating to questions in dispute;, inspect
property with respect to which there is a dispute with relation to an
industrial dispute or strikes or lockout;, examine
into working conditions and sanitary
conditions;, and at all times have access to any
property or premises necessary to any such inspection."
SECTION 177. Section 41-17-60 of the 1976 Code is amended to
read:
"Section 41-17-60. The Commissioner of Labor
director or his agents can be called into session and into the
performance of their duties and functions under this chapter by the
Governor."
SECTION 178. Section 41-17-70 of the 1976 Code is amended to
read:
"Section 41-17-70. Any person that who
hinders or obstructs the Commissioner of Labor
director or his agents in the full and free performance of their
duties under this chapter shall be is guilty of a
misdemeanor for each and every such offense and,
upon conviction, in a court of competent jurisdiction
shall must be fined not less than twenty-five
dollars, nor more than one hundred dollars or sentenced to
serve imprisoned not more than thirty days upon the
county chain gang."
SECTION 179. Section 41-18-40 (3), (11), and (12), of the 1976
Code, as last amended by Act 144 of 1993, are further amended to
read:
"(3) `Commissioner Director' means the
Commissioner of the South Carolina Department of Labor or his
designee or representative Director of the Department of
Labor, Licensing, and Regulation or his designee.
(11) `Department Division' means the South
Carolina Department of Labor Division of Labor of the
Department of Labor, Licensing, and Regulation.
(12) `Special inspector' means an inspector licensed by the
commissioner director and not employed by the
department division."
SECTION 180. Section 41-18-50 of the 1976 Code is amended to
read:
"Section 41-18-50. No amusement device may be operated
in the State without a permit issued by the commissioner
director. The permits are not transferable, and if any
permit holder voluntarily discontinues operation of the amusement
device, all rights secured under the permit are terminated."
SECTION 181. Section 41-18-60 of the 1976 Code, as last
amended by Act 144 of 1993, is further amended to read:
"Section 41-18-60. 1. Before commencement of the
operation of a permanent or temporary device, the owner or lessee
shall make written application to the commissioner
director for a permit to operate. The permit is valid for a
period of up to one year expiring on December thirty-first of the
year issued.
2. No temporary device may be used at any time or location
unless prior notice of intent to use same it has been
given to the commissioner director. Notice of planned
schedules shall must:
(a) be in writing,;
(b) identify the temporary device,;
(c) state the intended dates and locations of use,;
(d) be mailed to the commissioner director at
least seven days before the first intended date of use;.
However, except the commissioner
director may, in his discretion, may waive
these requirements.
3. A permit to operate must be issued to the owner or lessee of
an amusement device when:
(a) written application has been made to the commissioner;
(b) the amusement device has passed all required inspections;
(c) the liability insurance required by Section 41-18-90 has been
met in the amount prescribed.
4. The commissioner director may revoke any
permit issued pursuant to this chapter if it is determined that an
amusement device is:
(a) being operated without the inspections required by Sections
41-18-70 and 41-18-80; or
(b) being operated without the insurance required by Section
41-18-90; or
(c) being operated with a mechanical, electrical, structural,
design, or other defect which presents an excessive risk of serious
injury to passengers, bystanders, operators, or attendants; or
(d) being operated without the required documentation or
paperwork; or
(e) being operated in a manner contrary to the operating fact
sheets.
5. Any other violation of the provisions of this chapter may result
in a revocation, if written notice of noncompliance is served upon the
owner specifying any violation of the provisions of this chapter and
directing the owner to correct the violations within the period specified
by the commissioner director. In the event
If the owner and the department division fail
to agree that the violations referred to herein have in fact been
corrected, then the department division shall
give notice of and provide a hearing for the owner to determine
whether compliance has in fact been met. The provisions of
Article II III (Administrative Procedures) of Act
176 of 1977 Chapter 23 of Title 1, as amended,
shall govern contested cases of this nature and any
other contested cases arising under the provisions of this chapter.
6. Nothing in this chapter prevents an owner whose permit to
operate an amusement device has been revoked pursuant to this section
from reapplying for a permit in accordance with this chapter, except
as otherwise specifically provided in this chapter. Upon application
to have a revoked permit reinstated under this section, the
department division shall inspect the amusement ride
in question as promptly as practicable, but in no case more than
seventy-two hours after the submission of the application."
SECTION 182. Section 41-18-70 of the 1976 Code, as last
amended by Act 144 of 1993, is further amended to read:
"Section 41-18-70. Before a permit may be issued as
provided in Sections 41-18-50 and 41-18-60, an inspection of the
amusement device must be made in compliance with the procedures
set by the commissioner director. The inspection must
have been conducted within one month prior to before
the permit application, unless the period is extended by operation of
subsection 5 of Section 41-18-80(5)."
SECTION 183. Section 41-18-80 of the 1976 Code, as last
amended by Act 144 of 1993, is further amended to read:
"Section 41-18-80. (1) In the case of a permanent device,
the amusement device must be inspected by the commissioner
director or special inspector. Thereafter, As a
requirement for the issuance of each subsequent permit, the
amusement device must be inspected at least annually by the
commissioner director or by a special inspector. The
inspection shall at minimum must comply with the
requirements of the commissioner director. An
affidavit of the annual inspection must be filed with the
commissioner director.
(2) In the case of a temporary device, before first operation in the
State each year, the amusement device must be inspected by the
commissioner director or special inspector for the
permit to be issued. Thereafter After that time, the
amusement device must be inspected at least annually by the
commissioner director or a special inspector. The
inspection must at minimum must comply with the
requirements of the commissioner director. An
affidavit of the annual inspection must be filed with the
commissioner director.
(3) In the case of an amusement device which is substantially
rebuilt or substantially modified so as to change the structure,
mechanism, or capacity of the device, the owner or lessee shall give
written notice to the commissioner director who shall
cause the device to be inspected prior before to the
time in which it is put into operation and who shall cause any
current permit to be updated so as to include any modifications made
to the device.
(4) In the event If an operator is unable to secure
an inspection within one year from the date of the previous inspection,
the previous inspection is considered valid for purposes of this chapter
for a period of thirty additional days, if the operator made an
inspection request to any of those individuals qualified to make the
inspection at least sixty days prior to before the permit
expiration date.
(5) Upon proper presentation of credentials, the
commissioner director or his inspectors may enter
unannounced and inspect amusement devices, at reasonable
times and in a reasonable manner and have the right to question any
owner, manager, or agent of the owner, to inspect, investigate,
photograph, and sample all pertinent places, areas, and devices, and to
examine and reproduce all pertinent documents and records for the
purpose of enforcing the provisions of this chapter. No fee may be
charged for these unannounced inspections.
(6) No amusement device which fails to pass an inspection may be
operated for public use until it has passed a subsequent inspection.
(7) Each sponsor of a fair or carnival and the owner of the land
or their designees, upon which the fair or carnival is located, shall
make a visual inspection of each amusement device at least once each
week during the period the fair or carnival is operating. The
commissioner director shall provide a checklist for this
inspection. If an unsafe amusement device or condition is discovered,
it must be reported immediately reported to the
commissioner director.
(8) A special inspector shall must have the
following qualifications:
(a)(1) at least five years' experience in amusement device
maintenance and safety, and completion of approved courses
in materials inspection and testing and in fasteners, or in the
alternative,;
(2) a four-year college degree in engineering or architecture
with a minimum of twelve semester hours of course work in the area
of mechanics and strength of materials.
(b) Evidence of successful completion of an approved Rides
Safety Inspection Course within the previous two calendar
years."
SECTION 184. Section 41-18-100 of the 1976 Code, as last
amended by Act 144 of 1993, is further amended to read:
"Section 41-18-100. 1. The owner or amusement ride
operator may deny any person entrance to the amusement ride based
on the person's size, weight, or physical condition if the owner or
amusement ride operator believes the entry may jeopardize the safety
of the person desiring entry, riders, or other persons. Denial
may must not be based on color, race, sex, religion,
or national origin.
2. The owner or lessee of any amusement device which, during
the course of its operation, is involved in an accident which results in
a serious injury shall report the injury to the owner's or lessee's
insurer.
3. The owner or lessee of any amusement device which, during
the course of its operation, is involved in an accident which results in
a serious injury shall report the injury to the commissioner
director immediately and in no case later than the close of
business of the commissioner's director's next business
day. Any owner or lessee who becomes aware at a later date that a
serious injury had occurred shall report it immediately and in no case
later than the end of the next business day.
4. When a catastrophic accident occurs involving the operation of
an amusement device, the owner or lessee shall immediately
shall shut down the device from further use. The device may
not resume operation until the safety coordinator determines that the
catastrophic accident was not caused by a mechanical or structural
defect in the amusement device.
5. If the safety coordinator determines that a catastrophic accident
was caused by a mechanical failure or structural defect, the device
must remain shut down until repairs are completed and the device is
considered operational by a licensed architect, professional engineer,
qualified inspector of an insurance underwriter, or other qualified
inspector, each of whom must be approved by the
commissioner director. An affidavit of the inspection
and correction of defect must be filed with the commissioner
director."
SECTION 185. Section 41-18-110 of the 1976 Code, as last
amended by Act 144 of 1993, is further amended to read:
"Section 41-18-110. Upon request, the commissioner
director shall furnish to all owners, lessees, and operators of
amusement devices notice of all rights and obligations under the
provisions of this chapter upon receipt of permit applications."
SECTION 186. Section 41-18-120 of the 1976 Code, as last
amended by Act 514 of 1986, is further amended to read:
"Section 41-18-120. The commissioner
director may promulgate regulations consistent with this
chapter guarding against personal injuries in the assembly,
disassembly, and use of amusement devices at carnivals, fairs, and
amusement parks to persons employed at or to persons attending the
carnivals, fairs, and amusement parks and regarding enforcement of
any other provision of this chapter. The commissioner
director shall promulgate regulations to charge and collect
reasonable fees for permits and for inspections and any other activity
under the provisions of this chapter as considered necessary by the
commissioner director for the proper enforcement of
the provisions of this chapter. Fees may be set by regulation not more
than once each year."
SECTION 187. Section 41-18-130 of the 1976 Code is amended
to read:
"Section 41-18-130. The commissioner
director is charged with the affirmative duty of administering
and enforcing the provisions of this chapter."
SECTION 188. Section 41-18-150 of the 1976 Code is amended
to read:
"Section 41-18-150. 1. Any person who knowingly and
wilfully operates an amusement device without any of the following:
(a) the permit required by Sections 41-18-50 and 41-18-60; or
(b) the inspections required by Sections 41-18-70 and 41-18-80;
or
(c) the insurance required by Section 41-18-90;
is subject to a civil penalty not to exceed two thousand dollars for
each day the violation continues.
2. Any person who operates an amusement device without any of
the following:
(a) the permit required by Sections 41-18-50 and 41-18-60; or
(b) the inspections required by Sections 41-18-70 and 41-18-80;
or
(c) the insurance required by Section 41-18-90;
is subject to a civil penalty not to exceed a total of two thousand
dollars.
3. The commissioner director may assess the
penalties under this section and, in assessing penalties under subsection
1 of this section, shall give due consideration to the
appropriateness of the penalty with respect to the size of the owner's
or lessee's business, the good faith of the owner or lessee, and his
history of previous violation.
4. Revenue derived under this chapter must be remitted to the
State Treasurer and deposited by him in the general fund."
SECTION 189. Section 41-21-20 of the 1976 Code, as last
amended by Act 248 of 1991, is further amended to read:
"Section 41-21-20. There is hereby created within
the South Carolina Department Division of Labor, the
Division Subdivision of Apprenticeship to administer
the South Carolina Voluntary Apprenticeship Act. The
Division Subdivision shall must be
governed by an Apprenticeship Council composed of three employers
and three employees appointed by the Governor upon the advice and
consent of the Senate and, in addition, the Commissioner of
Labor Director of the Department of Labor, Licensing, and
Regulation or his designee, who shall serve ex officio. The
Commissioner of Labor director shall serve as
chairman of the council. The Director of the State Commission for
Technical Education and the State Director of Vocational Education
shall serve as ex officio nonvoting members of the Council. The
terms of office of the members of the Apprenticeship Council first
appointed by the Governor shall expire as designated by the
Governor at the time of making the appointment; one representative
each of employers and employees shall must be
appointed for one year; one representative each of employers and
employees shall must be appointed for two years; and
one representative each of employers and employees shall
must be appointed for three years. Thereafter
After that time, each member shall must be
appointed for a term of three years and until his successor is appointed
and qualifies. Vacancies shall must be filed for the
unexpired term in the manner of original appointment. Each member
of the council, not otherwise compensated by public funds, shall
receive per diem, subsistence, and mileage as provided by law
for state boards, committees, and commissions for his services
when attending to official duties or assignments when funds provided
by federal grants are available for this purpose."
SECTION 190. Section 41-21-30 of the 1976 Code is amended to
read:
"Section 41-21-30. The Apprenticeship Council shall meet
at the call of the Commissioner of Labor Director of the
Department of Labor, Licensing, and Regulation or his designee
and shall formulate policies for the effective administration of this
chapter. The Apprenticeship Council shall establish standards for
apprentice agreements, shall issue such rules and
regulations as may be necessary to carry out the intent and purpose of
this chapter, and shall perform such other functions as
the Commissioner director may direct."
SECTION 191. Section 41-21-40 of the 1976 Code is amended to
read:
"Section 41-21-40. The Commissioner of Labor
director, with the advice and guidance of the Apprenticeship
Council, is authorized to:
(1) administer the provisions of this chapter;
(2) in cooperation with the Apprenticeship Council and
local apprenticeship committees, to set up conditions and training
standards for apprentice agreements, which conditions or standards
shall must be in no case lower than those prescribed
by this chapter;. The State Apprenticeship Council
shall approve any apprentice agreement which meets the standards
established under this chapter;
(3) to terminate or cancel any apprentice agreement in
accordance with the provisions of such the agreement;
(4) to keep a record of apprentice agreements and their
disposition;
(5) to issue certificates of completion of apprenticeship;
and
(6) to perform such other duties as are
necessary to carry out the intent of this chapter, including other on-job
training necessary for emergency and critical civilian production;
provided, that. However, the administration and
supervision of related and supplemental instruction for apprentices,
coordination of instruction with job experiences, and the selection and
training of teachers and coordinators for such instruction
shall be are the responsibility of the appropriate
educational agencies."
SECTION 192. Section 41-21-70 of the 1976 Code is amended to
read:
"Section 41-21-70. Every apprentice agreement entered into
under this chapter shall must contain:
(1) the names of the contracting parties;
(2) the date of birth of the apprentice;
(3) a statement of the trade, craft, or business which the apprentice
is to be taught, and the time at which the apprenticeship will
begin and end;
(4) a statement showing the number of hours to be spent by the
apprentice in work and the number of hours to be spent in related and
supplemental instruction, which instruction shall must
be not less than one hundred forty-four hours per a
year; provided, that. However, in no case shall
may the combined weekly hours of work and of required
related and supplemental instruction of the apprentice exceed the
maximum number of hours of work prescribed by law for a person of
the age and sex of the apprentice;
(5) a statement setting forth a schedule of the processes in the
trade or industry division in which the apprentice is to be taught and
the approximate time to be spent at each process;
(6) a statement of the graduated scale of wages to be paid the
apprentice and whether the required school time shall
must be compensated; provided,. However,
the apprentice shall receive compensation which shall
must not be less than the minimum wage prescribed by the
Federal Fair Labor Standards Act;
(7) a statement providing for a period of probation of not more
than five hundred hours of employment and instruction extending over
not more than four months, during which time the apprentice
agreement shall must be terminated by the
Commissioner director at the request in writing of
either party, and providing that after such the
probationary period the apprenticeship agreement may be terminated
by mutual agreement of all parties thereto, to it or
canceled for good and sufficient reason. The council, at the request
of an apprentice committee, may lengthen the period of probation;
(8) a provision that all controversies or differences concerning the
apprentice agreement which cannot be adjusted locally shall
must be submitted to the council for determination;
(9) a provision that an employer who is unable to fill his
obligation under the apprentice agreement may, with the
approval of the Commissioner director, may
transfer such the contract to any other employer;
provided, that. However, the apprentice consents
shall consent and that such the other employer
agrees shall agree to assume the obligations of the
apprentice agreement;
(10) Such the additional terms and conditions as
may be prescribed or approved by the Commissioner
director, not inconsistent with the provisions of this
chapter."
SECTION 193. Section 41-21-80 of the 1976 Code is amended to
read:
"Section 41-21-80. No apprentice agreement under this
chapter shall be is effective until approved by the
Commissioner director. Every apprentice agreement
shall must be signed by the employer, or by an
association of employers or an organization of employees and by the
apprentice and, if the apprentice is a minor, by the minor's father;
provided, that. However, if the father be
is dead or legally incapable of giving consent, then
it must be signed by the guardian of the minor. Where a
minor enters into an apprentice agreement under this chapter for a
period of training extending into his majority, the apprentice
agreement shall is likewise be binding for
such a the period as may be covered during the
apprentice's majority."
SECTION 194. Section 41-21-100 of the 1976 Code is amended
to read:
"Section 41-21-100. Nothing in this chapter or in any
apprentice agreement approved under this chapter shall operate to
invalidate invalidates any apprenticeship provision in any
collective agreement between employers and employees, setting up
higher apprenticeship standards; provided, that.
However, none of the terms or provisions of this chapter
shall apply to any person or craft unless, until and only
so long as such the person or craft voluntarily elects
that the terms and provisions of this chapter shall apply.
Provided, further, No person whether presently employed or
seeking employment shall, in any manner, may be
forced or coerced into entering into any apprenticeship training
program provided for under this chapter. Any person violating the
provisions of this section shall be is guilty of a
misdemeanor and, upon conviction, shall be subject to a fine of
must be fined one hundred dollars. Each day's violation
shall constitute constitutes a separate offense.
Any person or craft terminating an apprenticeship agreement shall
notify the Commissioner of Labor director."
SECTION 195. Section 41-25-110 of the 1976 Code is amended
to read:
"Section 41-25-110. The provisions of this chapter may be
enforced by any state agency having jurisdiction and authority to
enforce this chapter, including, but not limited to:
(a) Secretary of State;
(b) Department Division of Labor of the
Department of Labor, Licensing, and Regulation;
(c) Attorney General;
(d) Department of Consumer Affairs;
(e) South Carolina Law Enforcement Division;
(f) circuit solicitors;
(g) local law enforcement agencies;
(h) any person who has been damaged by or has knowledge of any
violation of the provisions of this chapter."
SECTION 196. The first paragraph of Section 41-43-40 of the
1976 Code, as last amended by Act 248 of 1991, is further amended
to read:
"The Governor shall appoint, upon the advice and consent of
the Senate, one director from each congressional district and one from
the State at large, who serves as chairman. Directors must have
experience in the fields of business, commerce, finance, banking, real
estate, or foreign trade. At least two directors must have direct
commercial lending experience. The Governor and the
Chairman Director of the State Development
Board Department of Commerce shall serve ex officio and
may designate persons to represent them at meetings of the
authority."
SECTION 197. The last paragraph of Section 41-43-190(A) of the
1976 Code is amended to read:
"In developing and implementing the programs described in
this section, the authority may consider the advice and counsel of the
Governor's Export Advisory Committee, created by executive order
as an adjunct to the Division of State Development of the
Department of Commerce Board or any a
successor thereto to it, and allocate available resources
in a manner as will ensure that priority consideration is given to the
needs of small and medium size businesses."
SECTION 198. Section 41-44-90 of the 1976 Code, as last
amended by Act 505 of 1990, is further amended to read:
"Section 41-44-90. To receive the credit provided by this
chapter, a taxpayer shall:
(1) claim the credit on the taxpayer's annual state income or
premium tax return in the manner prescribed by the appropriate
commission department; and
(2) file with the appropriate commission
department and with the taxpayer's annual state income or
premium tax return a copy of the form issued by the corporation as to
the qualified investment by the taxpayer, which includes an
undertaking by the taxpayer to report to the appropriate
commission department any redemption of the
qualified investment within the meaning of Section 41-44-80."
SECTION 199. Section 42-5-60 of the 1976 Code is amended to
read:
"Section 42-5-60. Every policy for the insurance of the
compensation provided in this title or against liability therefor shall
be deemed to be made is subject to provisions of this
title. No corporation, association, or organization shall
may enter into any such a policy of insurance
unless its form shall have has been approved by the
Chief Insurance Commissioner of South Carolina the
Department of Insurance or his designee."
SECTION 200. Section 43-1-115 of the 1976 Code, as added by
Act 101 of 1993, is amended to read:
"Section 43-1-115. The State Department shall conduct, at
least once every two years, a detailed performance audit, which must
include, but is not limited to, the child protective services and foster
care programs of every local county office. The department shall use
a sample size that will ensure the results of the audit to be within a
ninety percent confidence level. The department shall prepare a full
and detailed report of its findings and include any proposals to rectify
any deficiencies noted. The State Department shall submit, within
ninety calendar days of the completion of the county performance
audit review, a copy of its final report to the Governor, Lieutenant
Governor, members of the respective county legislative delegations,
the Joint Legislative Committee on Children and Families,
and the County Advisory Board of Social Services. The final and all
draft audit reports are public information and upon request must be
provided to any a member of the public within the
time period set forth by the Freedom of Information Act. As public
information, the State Department also shall also
submit two copies of the final report to the State Library and one copy
of the final report to any a public library within the
county reviewed. The failure of the State Department to conduct the
required biennial performance audits of any a county office is
considered nonfeasance in office by the State Commission
director of the department, is cause for the
commissioner's director's removal, and subjects the
commissioner director to the penalties for
nonfeasance."
SECTION 201. Section 43-5-150 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 43-5-150. In the event an application is denied or
the amount or terms of a grant or of any withdrawal or modification
thereof be deemed inadequate or unjust by the applicant or recipient,
the applicant or recipient or anyone acting in his behalf may demand
a review of his case before the department by filing his written request
for such review with the county department not more than sixty days
after notice of its action shall have been received. The county
department shall, within ten days, certify its records and data on the
case and such additional information as it deems relevant to the
department. The department shall promptly grant to the applicant or
recipient an opportunity for a fair hearing upon the questions raised by
the applicant or recipient. At this hearing any party in interest may
appear and present any relevant facts. The department shall produce
such further evidence as it may deem consider
necessary and shall certify its findings and decision on the case back
to the county department concerned. Appeals from the decision of the
department may be made to an administrative hearing examiner
administrative law judge pursuant to the Administrative
Procedures Act."
SECTION 202. Section 43-7-410 (B) and (C) of the 1976 Code
are amended to read:
"(B) "Commission" means the State Health and
Human Services Finance Commission. `Department' means the
South Carolina Department of Health and Human Services, unless the
context clearly indicates otherwise.
(C) `Medicaid' means the medical assistance program authorized
by Title XIX of the Social Security Act and administered by the
State Health and Human Services Finance Commission
South Carolina Department of Health and Human
Services."
SECTION 203. Section 43-7-420 of the 1976 Code is amended to
read:
"Section 43-7-420. (A) Every The applicant
or recipient, only to the extent of the amount of the medical assistance
paid by Medicaid, shall be is deemed
considered to have assigned his rights to recover such
amounts so paid by Medicaid from any a third
party or private insurer to the State Health and Human Services
Finance Commission department. This assignment
shall does not include rights to Medicare benefits.
The applicant or recipient shall cooperate fully with the State
Health and Human Services Finance Commission
department in its efforts to enforce its assignment rights.
(B) An The applicant's and recipient's
determination of, and continued eligibility for, medical assistance
under Medicaid is contingent upon his cooperation with the
Commission department in its efforts to enforce its
assignment rights. Cooperation includes, but is not limited to,
reimbursing the Commission department from
proceeds or payments received by the applicant or recipient from
any a third party or private insurer.
(C) Every The applicant or recipient is considered
to have authorized all persons, including insurance companies and
providers of medical care, to release to the Commission
department all information needed to enforce the assignment
rights of the Commission department."
SECTION 204. Section 43-7-430 of the 1976 Code is amended to
read:
"Section 43-7-430. (A) The State Health and Human
Services Finance Commission department shall be
is automatically subrogated, only to the extent of the amount
of medical assistance paid by Medicaid, to the rights an
the applicant or recipient may have to recover such
amounts so paid by Medicaid from any a third
party or private insurer. The applicant or recipient shall cooperate
fully with the State Health and Human Services Finance
Commission department and shall do nothing after
medical assistance is provided to prejudice the subrogation rights of
the State Health and Human Services Finance Commission
department.
(B) An The applicant's and recipient's
determination of, and continued eligibility for, medical assistance
under Medicaid is contingent upon his cooperation with the
Commission department in its efforts to enforce its
subrogation rights. Cooperation includes, but is not limited to,
reimbursing the Commission department from
proceeds or payments received by the recipient from any
a third party or private insurer.
(C) Every The applicant or recipient is considered
to have authorized all persons, including insurance companies and
providers of medical care, to release to the Commission
department all information needed to enforce the subrogation
rights of the Commission department."
SECTION 205. Section 43-7-440 of the 1976 Code is amended to
read:
"Section 43-7-440. (A) Commission The
department, to enforce its assignment or subrogation rights, may
take any one, or any combination of, the following actions:
(1) intervene or join in an action or proceeding brought by the
applicant or recipient against any a third party, or
private insurer, in state or federal court.;
(2) commence and prosecute legal proceedings against
any a third party or private insurer who may be liable
to any applicant or recipient in state or federal court, either alone or
in conjunction with the applicant or recipient, his guardian, personal
representative of his estate, dependents, or survivors;
(3) commence and prosecute legal proceedings against
any a third party or private insurer who may be liable
to an applicant or recipient, or his guardian, personal representative of
his estate, dependents, or survivors;
(4) commence and prosecute legal proceedings against any
applicant or recipient;
(5) settle and compromise any an amount due
to the State Health and Human Services Finance Commission
department under its assignment and subrogation rights.
Provided, further, any A representative or an
attorney retained by an applicant or recipient shall is
not be considered liable to State Health and Human
Services Finance Commission the department for
improper settlement, compromise, or disbursement of funds
unless he has written notice of State Health and Human Services
Finance Commission's the department's assignment and
subrogation rights prior to before disbursement of
funds;
(6) reduce any amount due to the State Health and Human
Services Finance Commission department by twenty-five
percent if the applicant or recipient has retained an attorney to pursue
the applicant's or recipient's claim against a third party or private
insurer, that amount to represent the State Health and Human
Services Finance Commission's department's share of
attorney's fees paid by the applicant or recipient. Additionally, the
State Health and Human Services Finance Commission
department may, in its discretion, may share
in other costs of litigation by reducing the amount due it by a
percentage of those costs, the percentage calculated by dividing the
amount due the State Health and Human Services Finance
Commission department by the total settlement received
from the third party or private insurer. Provided, further, any
A representative or an attorney retained by an
the applicant or recipient shall is not
be considered liable to State Health and Human Services
Finance Commission the department for improper
settlement, compromise, or disbursement of funds unless he has
written notice by certified mail of State Health and Human
Services Finance Commission's the department's
assignment and subrogation rights prior to before
disbursement of funds.
(B) Providers and practitioners who participate in the Medicaid
program shall cooperate with the Commission
department in the identification of third parties whom they
have reason to believe may be liable to pay all or part of the medical
costs of the injury, disease, or disability of an the
applicant or recipient.
(C) Any provision in the contract of a private insurer issued or
renewed after June 11, 1986, which denies or reduces benefits because
of the eligibility of the insured to receive assistance under Medicaid,
is null and void.
(D) The assignment and subrogation rights of the
Commission department are superior to any right of
reimbursement, subrogation, or indemnity of any a
third party or recipient. Provided, further, any A
representative or an attorney retained by an
the applicant or recipient shall is not
be considered liable to State Health and Human Services
Finance Commission the department for improper
settlement, compromise, or disbursement of funds unless he has
written notice of State Health and Human Services Finance
Commission's the department's assignment and
subrogation rights prior to before disbursement of
funds."
SECTION 206. Section 43-21-10 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 43-21-10. There is created, in the Office of the
Governor, the Division on Aging. The division must be supported by
an Advisory Commission Council on Aging consisting
of one member from each congressional district of the State, to be
appointed by the Governor, upon the advice and consent of the Senate
and one member from the State at large to be appointed by the
Governor of the ten planning and service districts and five
members at large. These members shall be nominated to the Division
on Aging through a statewide notice of the availability of these
advisory appointments. The division director will then submit the
nominations to the Governor for appointment with the advice and
consent of the Senate. The members must be citizens of the State
who have an interest in and a knowledge of the problems of
the an aging population. In making
appointments to the advisory commission, consideration must be given
to mature citizens who are currently providing leadership or are
interested in programs for the elderly in the State and also to the
diverse problems of aging a mix of younger and older
applicants, the able and disabled, and citizens who are active leaders
in organizations and institutions that represent the diverse concerns of
older citizens and their families. The chairman must be elected
by the members of the advisory commission council
from its appointive members for a term limit of
a two years and until his successor is elected year
term. Members of the commission shall serve without
compensation but shall receive such per diem, mileage,
and subsistence authorized by law for members of boards,
commissions, and committees. The advisory commission
council shall meet at least once each quarter and special
meetings may be called at the discretion of the director of the division.
Standing rules will be developed by the advisory council for
governance purposes."
SECTION 207. Section 43-21-130 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 43-21-130. (A) There is created the Long-Term
Care Human Services Coordinating Council (council)
composed of the following voting members:
(1) the Governor or his designee;
(2) the Director of the Department of Social Services;
(3) the Director of the Department of Health and Environmental
Control;
(4) the Director of the Department of Mental Health;
(5) the Director of the Department of Disabilities and Special
Needs;
(6) the Director of the Division on Aging;
(7) the Director of the Department of Health and Human
Services;
(8) the Chairman of the Joint Legislative Health Care Planning
and Oversight Committee, or his designee;
(9) the Chairman of the Joint Legislative Committee on Aging,
or his designee;
(10) one representative of each of the following groups appointed
by the Governor annually:
(a) long-term care providers;
(b) long-term care consumers;
(c) persons in the insurance industry developing or marketing
a long-term care product;
(11) the Superintendent of Education;
(12) the Director of the State Department of Labor, Licensing,
and Regulation;
(13) the Executive Director of the South Carolina State
Employment Security Commission;
(14) the Director of the Department of Commerce;
(15) the Commissioner of the State Department of Vocational
Rehabilitation;
(16) the Director of the Clemson University Extension Service;
(17) the Director of the South Carolina Department of Parks,
Recreation and Tourism;
(18) the Director of the South Carolina Retirement System;
(19) the Executive Director of the South Carolina Municipal
Association;
(20) the Executive Director of the State Office of Economic
Opportunity;
(21) the Executive Director of the South Carolina Association of
Counties;
(22) the Commissioner of the Commission for the Blind;
(23) the Director of the Department of Alcohol and Other Drug
Abuse Services;
(24) the Chairperson of the Commission on Women;
(25) the Director of the Children's Foster Care Review Board;
(26) the Director of the Department of Juvenile Justice;
(27) the Director of the Division of Veterans' Affairs in the
Office of the Governor;
(28) the Chief Executive Officer of the John De La Howe
School;
(29) the Chief Executive Officer of the School for the Deaf and
Blind;
(30) the Director of the Guardian as Litem Program;
(31) the Director of the Continuum of Care for Emotionally
Disturbed Children;
(32) the Chairman of the South Carolina Educational Television
Commission;
(33) the Chief Executive Officer of the Wil Lou Gray
Opportunity School;
(34) the Director of the Department of Corrections;
(35) the Director of the Department of Probation, Parole and
Pardon Services; and
(36) the Director of the State Housing, Finance, and Development
Authority.
(B) It is the responsibility of the council to:
(1) assist in, recommend, develop policy for, and supervise the
expenditure of funds for the continuation of health and human services
integration in this state;
(2) foster closer working relationships among agencies at the
state and local level in an effort to serve the citizens of this state better
though continued expansion of services integration and stronger
communication among agencies delivering services;
(3) work with the Division on Aging in the Office of the
Governor on the coordination of programs related to the field of aging
and to advise and make pertinent recommendations related to the field
of aging;
(4) identify and address priority health and human needs and
promote the availability of responsive resources;
(5) promote cost-effective, efficient approaches for the delivery
of health and human services which include prevention, education,
reduction of dependency, promotion of self-sufficiency, and delivery
of services in the least restrictive, most appropriate community-based
and institutional settings;
(6) provide coordination between the council members and the
State Department of Health and Human Services in the development
of the comprehensive State Health and Human Services Plan;
(7) coordinate and oversee, in cooperation with the State
Department of Health and Human Services, efforts to integrated
services information among state agencies and between state and local
agencies; and
(8) review and monitor service integration efforts begun by the
Human Services Integration Projects, including:
(a) developing standards for case management activities and
coordinating with local entities on service integration efforts, and
(b) receiving requests for funding of projects designed to
further integration of services, including review and approval of such
projects.
(B)(C) Each director serving as a council member
may authorize in writing a designee to vote on his behalf at two
meetings a year. Members appointed by the Governor to represent
private groups serve without compensation. Other members shall
receive the usual mileage, subsistence, and per diem provided by law
for members of committees, boards, and commissions. Mileage,
subsistence, and per diem must be paid from the approved account of
their respective departments, boards, or commissions.
(C)(D) The council shall meet at least
quarterly, as often as necessary, but no less than two times a
year. Meetings shall be held at the call of the chairman or upon the
request of a majority of the members. The council shall provide
for its own officers, and make an annual report to the General
Assembly before January second each year. This report must include
new council recommendations."
SECTION 208. Section 43-21-150 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 43-21-150. The Division on Aging, with the
cooperation of the Long Term Care Council Human
Services Coordinating Council and the Department of Insurance,
shall develop and implement a program to educate citizens concerning:
(a) the availability of long term care services;
(b) the lifetime risk of spending some time in a nursing home;
(c) the coverage available for long term care services through
Medicare, Medicaid, and private insurance policies, and the limitations
of this coverage; and
(d) the availability of home equity conversion alternatives, such as
reverse annuity mortgages and sale-leaseback arrangements, in this
State and the risks and benefits of these alternatives. This program
must be made a part of the Preretirement Education Program of the
South Carolina Retirement Systems."
SECTION 209. Section 43-35-310 A(2), (d), (f), (g), and (h) of
the 1976 Code, as added by Act 110 of 1993, are amended to read:
"(2) these members who shall serve ex officio:
(d) Commission Division on Aging in the
Office of the Governor, Executive Director, or a designee;
(f) South Carolina Department of Health and Environmental
Control, Commissioner Director, or a designee;
(g) State Department of Mental Health, Commissioner
Director, or a designee;
(h) South Carolina Department of Mental Retardation
Disabilities and Special Needs, Commissioner
Director, or a designee;"
SECTION 210. Section 43-35-310 (A)(2)(j), as added by Act 110
of 1993, is amended to read:
"(j) Department of Health and Human Services
Finance Commission, Executive Director, or a
designee;"
SECTION 211. Section 44-1-50 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 44-1-50. The board may conduct such
hearings as may be required by law, as considered necessary
by the board, and as necessary to hear appeals from decisions of
administrative law judges pursuant to Chapter 23 of Title 1. The
board does not have the authority to hear appeals from decisions of
the Coastal Zone Management Appellate Panel or the Mining Council.
Such The appeals shall must be
conducted pursuant to the provisions in Chapter
Chapters 20 and 30 39 of Title 48.
The board shall provide for the administrative organization of the
department and shall consolidate and merge existing duties, functions,
and officers of the former agencies as may be necessary for economic
and efficient administration. Provided, However, that
the board may appoint such advisory boards as it
considers necessary to carry out the functions of Sections 44-1-10 to
44-1-70, and there shall must be provided a
compensation for their services as provided by the law for
members of boards and commissions."
SECTION 212. The introductory portion of Section 44-2-75(C) of
the 1976 Code, as last amended by Act 181 of 1993, is further
amended to read:
"(C) The Department of Insurance may disapprove an
application for the formation of an insurance pool and may suspend
or withdraw approval whenever he the Department of
Insurance finds that the applicant or pool:"
SECTION 213. Section 44-6-5(4) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(4) `Market basket index' means the index used by the
federal government on January 1, 1986, to measure the inflation in
hospital input prices for Medicare reimbursement. If that measure
ceases to be calculated in the same manner, the market basket index
must be developed and regulations must be promulgated by the
commission department using substantially the same
methodology as the federal market basket uses on January 1, 1986.
Prior to Before submitting the regulations concerning
the index to the General Assembly for approval pursuant to the
Administrative Procedures Act, the department shall submit them to
the Health Care Planning and Oversight Committee for review."
SECTION 214. The third paragraph of Section 44-6-60 of the
1976 Code, as last amended by Act 248 of 1991, is further amended
to read:
"The following are ex officio members, without voting
rights:
The Chairman, or his designee, of the Joint Appropriations
Review Committee,;
The Chairman, or his designee, of the Health Care Planning and
Oversight Committee,;
The Chairman of the Statewide Health Coordinating
Council,;
The Chairman of the Medical Care Advisory
Committee,;
The Chairman of the Social Services Advisory
Committee,;
The commissioner Director of the Department of
Health and Environmental Control,;
The commissioner Director of the Department of
Social Services,;
The commissioner Director of the Department of
Mental Health,;
The commissioner Director of the Department of
Mental Retardation, Disabilities and Special Needs;
The executive Director of the Commission
Division on Aging, in the Office of the
Governor;
The Director of the Commission on Department
of Alcohol and Other Drug Abuse Services.
The legislative ex officio members may attend all meetings of the
commission and shall have access to all records of the commission
concerning policy and resource allocation decisions."
SECTION 215. Section 44-6-140(A)(2) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(2) payment on a timely basis to the hospital by the
commission department or patient, or both, of
the maximum allowable payment amount determined by the
commission department; and"
SECTION 216. Section 44-6-146(A) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(A) Every fiscal year the State Treasurer shall withhold
from the portion of the Local Government Fund allotted to the
counties a sum equal to fifty cents per capita based on the population
of the several counties as shown by the latest official census of the
United States. The money withheld by the State Treasurer must be
placed to the credit of the commission department and
used to provide Title XIX (Medicaid) services."
SECTION 217. Section 44-6-170(A)(13) of the 1976 Code, as last
amended by Act 130 of 1993, is further amended to read:
"(13) the commissioner director or his
designee of the South Carolina Department of Health and
Environmental Control;"
SECTION 218. Section 44-6-170(A)(14) of the 1976 Code, as last
amended by Act 130 of 1993, is further amended to read:
"(14) the executive director or his designee of the
State Department of Health and Human Services
Finance Commission;"
SECTION 219. Section 44-6-520 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 44-6-520. No provision of this article limits the
right of an owner to sell, lease, or mortgage any a
nursing home subject to receivership under this article upon the
owner's presenting satisfactory evidence to the court that:
(1) compliance with the applicable requirements of the Department
of Health and Human Services has been achieved; or
(2) The purchaser lessee, or mortgagor has assumed the
responsibility for achieving such compliance and has filed an
acceptable plan of correction with the commission
Department of Health and Human Services. Upon sale of the
nursing home, the receivership must be terminated."
SECTION 220. Section 44-6-540 of the 1976 Code, as added by
Act 449 of 1990, is amended to read:
"Section 44-6-540. The commission
Department of Health and Human Services is authorized to
promulgate regulations, pursuant to the Administrative Procedures Act,
to administer this article."
SECTION 221. Section 44-6-720(B)(4)(b)(iv) and (5) of the 1976
Code, as added by Section 74, Part II of Act 164 of 1993, are
amended to read:
"(iv) other deductions provided in regulations of the
State Department of Health and Human Services
Finance Commission;
(5) upon the death of the beneficiary, a remainder interest in the
corpus of the trust passes to the State Department of
Health and Human Services Finance Commission. The
commission department shall remit the state share of
the trust to the general fund; and"
SECTION 222. Section 44-6-730 of the 1976 Code, as added by
Section 74, Part II, Act 164 of 1993, is amended to read:
"Section 44-6-730. The State Department of
Health and Human Services Finance Commission shall
promulgate regulations as are necessary for the implementation
of this article and as are necessary to comply with federal law.
In addition, the commission department shall amend
the state Medicaid plan in a manner that is consistent with this
article."
SECTION 223. Section 44-7-90 of the 1976 Code, as added by
Act 184 of 1987, is amended to read:
"Section 44-7-90. (A) Based on reports from the State
Health and Human Services Finance Commission South
Carolina Department of Health and Human Services the
department Department of Health and Environmental
Control shall determine each nursing home's compliance with its
Medicaid nursing home permit. Violations of this article include:
(1) a nursing home exceeding by more than ten percent the
number of Medicaid patient days stated in its permit;
(2) a nursing home failing to provide at least ten percent fewer
days than the number stated in its permit;
(3) the provisions of any Medicaid patient days by a home
without a Medicaid nursing home permit.
(B) Each Medicaid patient day above or below the allowable range
is considered a separate violation. The department
Department of Health and Environmental Control may levy
a fine not to exceed the average rate per for each
Medicaid patient day times each violation. Appeals from this action
must comply with the appropriate provisions of Chapter 23 of Title
1."
SECTION 224. Section 44-7-170(B), as last amended by Act 511
of 1992, is further amended to read:
"(B) The Certificate of Need provisions of this article do not
apply to:
(1) an expenditure by or on behalf of a health care facility for
nonmedical projects for services such as refinancing existing debt,
parking garages, laundries, roof replacements, computer systems,
telephone systems, heating and air conditioning systems, upgrading
facilities which do not involve additional square feet or additional
health services, replacement of like equipment with similar
capabilities, or similar projects as described in regulations;
(2) facilities owned and operated by the State Department of
Mental Health and the South Carolina Department of Mental
Retardation Disabilities and Special Needs, except an
addition of one or more beds to the total number of beds of the
departments' health care facilities existing on July 1, 1988;
(3) educational and penal institutions maintaining infirmaries for
the exclusive use of their respective student bodies and inmate
populations;
(4) any federal health care facility sponsored and operated by
this State;
(5) community-based housing designed to promote independent
living for persons with mental or physical disabilities. This does not
include a facility defined in this article as a `health care
facility'."
SECTION 225. Section 44-7-370(A) of the 1976 Code, as last
amended by Act 110 of 1993, is further amended to read:
"(A) The South Carolina Department of Health and
Environmental Control shall establish a Residential Care Committee
to advise the department regarding licensing and inspection of
community residential care facilities.
(1) The committee consists of the Long Term Care
Ombudsman, three operators of homes with ten beds or less
fewer, four operators of homes with eleven beds or more, and
three members to represent the department appointed by the
commissioner director for terms of four years.
(2) The terms must be staggered, and no member may
serve more than two consecutive terms. Any person may submit
names to the commissioner director for consideration.
The advisory committee shall meet at least once annually with
representatives of the department to evaluate current licensing
regulations and inspection practices. Members shall serve without
compensation."
SECTION 226. Section 44-23-10(9) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(9) `Director' means the Director of the Department of
Mental Health, except when used as provided in item
(8)."
SECTION 227. Section 44-38-380(A)(1)(i) of the 1976 Code, as
last amended by Act 181 of 1993, is further amended to read:
"(i) Executive Director of the South Carolina
State Department of Health and Human Services Finance
Commission;"
SECTION 228. Section 44-38-380(A)(1)(k) of the 1976 Code, as
last amended by Act 181 of 1993, is further amended to read:
"(k) Commissioner Director of the South
Carolina Department of Health and Environmental Control;"
SECTION 229. Section 44-40-60 of the 1976 Code is amended to
read:
"Section 44-40-60. With the cooperation of the Department
of Health and Environmental Control and the Department
Division of Veterans Affairs in the Office of the
Governor, the council:
(1) shall make an annual report to the General Assembly
containing:
(a) a comprehensive review and summary analysis of the
scientific literature on the effects of exposure to chemical agents,
including Agent Orange;
(b) a summary of the activities undertaken to inform and assist
veterans who may have been exposed to chemical agents, including
Agent Orange;
(c) a description and interpretation of the results of any study
undertaken pursuant to this chapter;
(d) other comments or recommendations the council considers
appropriate.
(2) may hold hearings consistent with the purposes of this chapter.
To assist it in carrying out these functions, the council may contract
for an evaluation of the performance of the Department of Health and
Environmental Control and the Department Division
of Veterans Affairs in implementing this chapter and may contract for
the compilation and editing of the annual report."
SECTION 230. Section 44-53-480(a)(1) and (2) of the 1976 Code
are amended to read:
"(1) Assist the Commission on Department
of Alcohol and Other Drug Abuse Services in
the exchange of information between itself and governmental and local
law-enforcement officials concerning illicit traffic in and use and
abuse of controlled substances.
(2) Assist the Commission Department of Alcohol and
Other Drug Abuse Services in planning and coordinating training
programs on law enforcement for controlled substances at the local
and state level."
SECTION 231. Section 44-53-490 of the 1976 Code is amended
to read:
"Section 44-53-490. The Department of Health and
Environmental Control shall designate persons holding a degree in
pharmacy to serve as drug inspectors. Such These
inspectors shall, from time to time, but no less than once every
three years, shall inspect all practitioners and registrants who
manufacture, dispense, or distribute controlled substances, including
those persons exempt from registration but who are otherwise
permitted to keep controlled substances for specific purposes. The
drug inspector shall submit an annual report by the first day of each
year to the Department and a copy to the Commission on
Department of Alcohol and Other Drug Abuse
Services specifying the name of the practitioner or the
registrant or such the exempt persons inspected, the
date of inspection and any other violations of this article.
The department may employ other persons as agents and assistant
inspectors to aid in the enforcement of those duties delegated to the
department by this article."
SECTION 232. Section 44-53-500(b)(2) of the 1976 Code is
amended to read:
"(2) When so authorized by an administrative
inspection warrant issued pursuant to this section, an officer
or employee designated by the Commission on Department
of Alcohol and Other Drug Abuse Services,
upon presenting the warrant and appropriate credentials to the owner,
operator, or agent in charge, may enter controlled premises for the
purpose of conducting an administrative inspection."
SECTION 233. Section 44-53-720(a) of the 1976 Code is amended
to read:
"(a) To use in treatment, maintenance or detoxification
programs in the State Department of Mental Health facilities or
programs approved by the South Carolina Commission on
Department of Alcohol and Other Drug Abuse
Services and licensed by the South Carolina Department of
Mental Health."
SECTION 234. Section 44-55-120(C) of the 1976 Code, as added
by Section 75, Part II of Act 164 of 1993, is amended to read:
"(C) There is established a Safe Drinking Water Advisory
Committee for the purpose of advising the department and General
Assembly on the use of revenues deposited in the Safe Drinking Water
Fund. The Governor shall appoint the advisory committee which must
be composed of one member representing water systems with fifty
thousand or more service connections, one member representing water
systems with at least twenty-five thousand but fewer than fifty
thousand service connections, one member representing water systems
with at least ten thousand but fewer than twenty-five thousand water
connections, one member representing water systems with at least one
thousand but fewer than ten thousand service connections, one member
representing water systems with fewer than one thousand service
connections, and the State Consumer Advocate and the
Commissioner Director of the Department of Health
and Environmental Control, or a designee."
SECTION 235. Section 44-56-60(a)(3) of the 1976 Code, as last
amended by Act 590 of 1990, is further amended to read:
"(3) During a twelve-month period, the
commissioner director may allow land disposal by
burial in excess of the limitation upon certification of the department
that:
(A) disposal by land burial from a particular site in South
Carolina is necessary to protect the health and safety of the people of
this State; or
(B) at least one hundred ten thousand tons of hazardous waste
disposed of by land burial in this State during the twelve-month period
was generated in South Carolina.
During each twelve-month period, a person operating a hazardous
waste disposal facility or site shall reserve at least the same capacity
to dispose of hazardous waste generated in South Carolina that was
disposed of by burial at that facility or site during the previous year
excluding capacity that was used to dispose of hazardous waste
pursuant to subitem (A). No more hazardous waste from out of state
shall may be buried in South Carolina than was buried
in the previous twelve-month period.
Certification must be issued to the party seeking to use land
disposal of the waste, and the certification must be presented to the
operator of the facility at the time of disposal. The facility shall
submit this certification with its regular report to the department of
permitted activity at the disposal site."
SECTION 236. Section 44-67-90 of the 1976 Code is amended to
read:
"Section 44-67-90. The department may allocate funds
annually to study research and development in the field of litter
control as well as to study methods for the implementation in this
State of such the research and development. In
addition, funds may be used for the development of public educational
programs concerning litter problems, and grants may be made
available for these purposes to those persons deemed
considered appropriate and qualified by the
commissioner director. Further, any Monies
received by the department may be used to match federal funds for the
purpose of establishing or studying a resource recovery system."
SECTION 237. Section 44-96-440(C) of the 1976 Code, as added
by Act 63 of 1991, is amended to read:
"(C) It shall be is unlawful for any
a person to fail to comply with this article and any
regulations promulgated pursuant to this article it,
or to fail to comply with any a permit issued
under this article, or to fail to comply with any
an order issued by the board, commissioner
director, or department."
SECTION 238. Section 46-13-60(2)(c) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(c) If the deputy director finds the applicant qualified to
use and supervise the use of pesticides in the classifications he has
applied for, and if an applicant applying for a commercial applicator
license files the evidence of financial responsibility required under
Section 46-13-100, and if the applicant applying for a license to
engage in aerial application of pesticides has met all of the
requirements of the Federal Aviation Agency, the Division of
State Aeronautics Administration of the
Department of Commerce for the State, and any other applicable
federal or state laws or regulations to operate the equipment described
in the application, the deputy director shall issue a pesticide
applicator's license limited to the classifications for which he is
qualified, which shall expire at the end of the calendar year of issue
unless it has been revoked or suspended prior thereto by the deputy
director for cause. The deputy director may limit the license of the
applicant to the use of certain areas, or to certain types of equipment
if the applicant is only so qualified."
SECTION 239. Section 48-4-10, as added by Act 181 of 1993, is
amended to read:
"Section 48-4-10. (A) The South Carolina
Department of Natural Resources is created to administer and enforce
the laws of this State relating to wildlife, marine resources, and natural
resources, and other laws specifically assigned to it. The
department shall must be comprised of a Natural
Resources Enforcement Division, a Wildlife and Freshwater
Fish Fisheries Division, a Marine Resources Division,
a Water Resources Division, and a Land Resources and
Conservation Districts Division, and a State Geologist and
Geological Mapping Division. Each division of the department
shall must have such the functions and
powers as provided by law.
(B) All functions, powers, and duties provided by law to
the South Carolina Wildlife and Marine Resources Department, the
Geological Mapping Survey Division of the Budget
and Control Board, to include the State Geologist, and the South
Carolina Migratory Waterfowl Committee are hereby
transferred to the Department of Natural Resources. All nonregulatory
functions, powers, and duties provided by law to the South Carolina
Water Resources Commission and the State Land Resources
Conservation Commission are hereby transferred to the
Department of Natural Resources. All rules, regulations, standards,
orders, or other actions of these entities shall remain in effect
unless specifically changed or voided by the department in accordance
with the Administrative Procedures Act.
(C) All divisions shall be are directly
accountable to and subject to the Department of Natural Resources.
(D) The Wildlife and Marine Resources Commission, the
Land Resources Conservation Commission, and the Water Resources
Commission are abolished."
SECTION 240. Section 48-9-30 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended by adding an appropriately
numbered item to read:
"( ) `State Land Resources and Conservation Districts
Advisory Council' or `advisory council' means the body created
pursuant to Section 48-9-215."
SECTION 241. Article 3, Chapter 9, Title 48 of the 1976 Code is
amended by adding:
"Section 48-9-215. (A) The State Land Resources and
Conservation Districts Advisory Council is established consisting of
the five commissioners provided for in Section 48-9-225. The council
members must be appointed by the Governor for four years on the
recommendation of the executive committee of the South Carolina
Association of Soil and Water Conservation District Commissioners
and serve until their successors are appointed and qualify. Vacancies
must be filled in the manner of the original appointment for the
unexpired term. A member may not succeed himself after he has
served one full four-year term.
(B) The Governor shall name the chairman of the advisory council.
A majority of the advisory council constitutes a quorum, and the
concurrence of a majority in a matter within the council's duties is
required for the matter's determination.
(C) The members of the advisory council may receive no
compensation for their services on the council but may receive
expenses, including travel expenses, necessarily incurred in the
discharge of their duties on the council.
(D) The council shall advise the department and the division on
standards, rules, regulations, or other matters related to land resources
and conservation districts.
Section 48-9-225. For the purpose of selecting the five soil and
water conservation district commissioners to serve as members of the
advisory council, the State is divided into the following five areas:
(1) Area 1: Abbeville, Anderson, Cherokee, Greenville, Laurens,
Oconee, Pickens, Spartanburg, and Union counties;
(2) Area 2: Aiken, Calhoun, Edgefield, Greenwood, Lexington,
McCormick, Newberry, Richland, and Saluda counties;
(3) Area 3: Chester, Chesterfield, Darlington, Fairfield, Kershaw,
Lancaster, Lee, Marlboro, and York counties;
(4) Area 4: Berkeley, Clarendon, Dillon, Florence, Georgetown,
Horry, Marion, Sumter, and Williamsburg counties;
(5) Area 5: Allendale, Bamberg, Barnwell, Beaufort, Charleston,
Colleton, Dorchester, Hampton, Jasper, and Orangeburg
counties."
SECTION 242. Section 48-9-610 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 48-9-610. If the department shall determine
board determines that the operation of the proposed district
within the defined boundaries is administratively practicable and
feasible it shall appoint two commissioners to act with the three
commissioners elected as provided in Article 11 of this chapter as the
governing body of the district."
SECTION 243. Section 48-9-1210 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 48-9-1210. The two commissioners appointed by the
board shall, upon the recommendation of the advisory
council, must be persons who are by training and
experience are qualified to perform the specialized skilled
services which will be required of them in the performance of
their duties under this chapter."
SECTION 244. Section 48-9-1230 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 48-9-1230. Except as otherwise provided in Section
48-9-1220, the term of office of each commissioner is four years,
except that in newly created districts the elected commissioners' terms
of office are until the next regular election is held under the provisions
of Section 48-9-1220 and the first appointed commissioners must be
designated to serve for terms of one and two years, respectively, from
the date of their appointment. A commissioner shall hold
holds office until his successor has been is
elected or appointed and has qualified. Vacancies must be
filled for the unexpired term. The selection of successors to fill an
unexpired term, or for a full term, must be made in the same manner
in which the retiring commissioners shall, respectively,
have been are selected, except that in the case
of. However, for a vacancy in the unexpired term of an
elected commissioner, a successor may be appointed by the
board department upon the recommendation of the advisory
council and upon the unanimous recommendation of the
remaining commissioners of the district. Any
A commissioner may be removed by the board
department after consultation with the advisory council upon
notice and hearing for neglect of duty or malfeasance in office,
but for no other reason."
SECTION 245. Section 48-9-1820 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 48-9-1820. Members of the board
advisory council and the commissioners of the district
shall be are ineligible to appointment as members of
the board of adjustment during their tenure of such
the other office. The members of the board of
adjustment shall receive compensation for their services at a per
diem rate to be determined by the department for time spent on the
work of the board, in addition to expenses, including traveling
expenses, necessarily incurred in the discharge of their duties. The
commissioners shall pay the necessary administrative and other
expenses of operation incurred by the board of adjustment
upon the certificate of the chairman of the board."
SECTION 246. Section 48-9-1840 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 48-9-1840. A land occupier may file a petition with
the board of adjustment alleging that there are great practical
difficulties or unnecessary hardships in the way of his carrying out
upon his lands the strict letter of the land-use regulations prescribed
by ordinance approved by the commissioners and praying the board
to authorize a variance from the terms of the land-use regulations in
the application of such the regulations to the lands
occupied by the petitioner. Copies of such the petition
shall must be served by the petitioner upon the
chairman of the commissioners of the district within which his lands
are located and upon the director of the department."
SECTION 247. Section 48-9-1850 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 48-9-1850. The board of adjustment shall
fix a time for the hearing of the petition and cause due notice of
such the hearing to be given. The commissioners of
the district and the department may appear and be heard at
such the hearing. Any An occupier of
lands lying within the district who shall object objects
to the authorizing of the variance prayed for may intervene and
become a party to the proceedings. Any A party to
the hearing before the board of adjustment may appear in
person, by agent, or by attorney. If, upon the facts presented
at such the hearing, the board shall determine
that determines there are great practical difficulties or
unnecessary hardships in the way of applying the strict letter of any
of the land-use regulations upon the lands of the petitioner, it shall
make and record such the determination and shall
make and record findings of fact as to the specific conditions which
establish such the great practical difficulties or
unnecessary hardships. Upon the basis of such the
findings and determination, the board of adjustment
may by order may authorize such the
variance from the terms of the land-use regulations, in their
application to the lands of the petitioner, as will relieve such
the great practical difficulties or unnecessary hardships and
will not be contrary to the public interest and such that
so the spirit of the land-use regulations shall be
is observed, the public health, safety and welfare
secured, and substantial justice done."
SECTION 248. Chapter 22, Title 48 of the 1976 Code, as added
by Act 181 of 1993, is amended to read:
"CHAPTER 22
The State Geologist and South Carolina
Geological
Mapping Survey Division
Unit of the Department
of Natural Resources Division
Section 48-22-10. The State Geologist and South
Carolina Geological Mapping Division, Survey
Unit is hereby created and shall be established
under the direction of the Department of Natural Resources.
The State Geologist shall must be appointed by the
Director of the Department of Natural Resources. He shall
must have graduated from an accredited college or university
with a full curriculum in geology and shall have had at least
five years of practical work experience, academic,
governmental, or industrial, in geology.
Section 48-22-20. The powers and duties provided for the State
Geologist and South Carolina Geological Mapping
Survey of the Division of Research and Statistical
Services of the Budget and Control Board are devolved upon the
Department of Natural Resources. All property, equipment and
personal services monies, including all employee contributions and
other fringe benefits used by the Geological Survey within the
Division of Research and Statistical Services of the Budget and
Control Board prior to the adoption of before this
section shall be takes effect are transferred to the
Department of Natural Resources. The South Carolina Geodetic
Survey must remain with the Division of Research and Statistical
Services as the South Carolina Geodetic Survey. All property,
equipment, and personal services monies, including all employee
contributions and other fringe benefits used by the Geodetic Survey,
must remain with the Division of Research and Statistical
Services.
Section 48-22-30. (A) The State Geologist shall have
supervision of the entire work of the division and shall be responsible
for its accuracy. He shall:
(1) travel throughout the State so as to make himself
familiar with the geology and mineral resources of each section,
and supervise work in progress;
(2) shall undertake such field and
laboratory work as his time will permit
permits;
(3) and shall perform such other duties
as that properly pertain to his office.
(B) He may, As directed by the The
department, may employ geologists, technicians, and
such other personnel as may be necessary to conduct
the objectives of the division unit.
Section 48-22-40. In addition to such other duties as
may be assigned to it, the division shall unit:
(1) shall conduct field and laboratory studies in geologic
reconnaissance, mapping, prospecting for mineral resources, and
related gathering of surface and subsurface data. Investigative areas
shall include offshore, as well as all and
onshore, lands in this State.;
(2) shall provide geologic advice and assistance to other
state and local governmental agencies engaged in environmental
protection, or in industrial or economic development projects.
In addition, the division shall unit must be
involved actively involved in geologic aspects of
regional planning and effective land use in the State.;
(3) shall encourage economic development in the State by
disseminating published geologic information as bulletins, maps,
economic reports, and related series, and also
open-file reports, to appropriate governmental agencies and
private industry. The division unit is further
encouraged further to initiate and maintain appropriate
industrial contacts, to promote both the extraction and
conservation of South Carolina's earth raw materials, and their
manufacture, to the economic improvement of the
State.;
(4) shall provide unsolicited advice, when appropriate, to
the Mining Council and its associated state regulatory agency, on
geologic and related mining matters in keeping with the intent of the
South Carolina Mining Act.;
(5) shall operate and maintain a central, statewide
repository for rock cores, well cuttings and related subsurface samples,
and all associated supplemental data. Private firms and public
agencies are encouraged to notify the division prior to any
unit before exploratory or developmental drilling and
coring.;
(6) must be the state's official cooperator on topographic
mapping; provided, that. The federal expenditure for
such purposes shall this purpose at least must
equal that of the State, and. The unit may
conduct cooperative work with appropriate agencies of the United
States Government in its geologic activities and
investigations.;
(7) shall provide a minerals research laboratory,
related to the identification, extraction, and processing of industrial
minerals and minerals of economic potential wherever found
throughout the onshore and offshore areas of the State. The minerals
research laboratory is encouraged to accept mineral research projects
from South Carolina businesses or citizens on a per cost, per unit basis
and to encourage expended use of the raw materials of the State. The
minerals research laboratory may accept public and private gifts or
funds and may enter into cooperative agreements for the purpose of
applied research in the metallic and nonmetallic minerals of this State.
Section 48-22-50. The division unit shall maintain
all unpublished information in its files which shall
must be open to the public, except in cases where the
investigator still has work in progress on a project leading to a
publication; or where an industrial firm, interested in possibly
locating in the State, asks temporary confidential status for oral and
written geologic related information supplied by them or obtained on
their properties. In the latter instance such the
information may be held in confidence by the division
unit for not more than one year from the date such
the information was obtained.
Section 48-22-60. The division unit shall work
impartially for the benefit of the public, and no person, firm, or
governmental agency may call upon or require the State Geologist or
his unit staff to enter upon any a
special survey for his or their special benefit.
Section 48-22-70. The South Carolina Geodetic Survey
established within the Division of Research and Statistical Services of
the Budget and Control Board is hereby transferred to the Department
of Natural Resources. The Geodetic Survey is constituted as part of
the State Geologist and Geological Mapping Division. The division
shall establish horizontal and vertical geodetic control within the State
at a density that will effectively provide land and land-related items
and records to be referenced to the national horizontal and vertical
coordinate system, ensure the accuracy and integrity of new geodetic
data entered into the state and national reference system, maintain
geodetic files for the State, and disseminate geodetic information as
necessary.
Section 48-22-80. The division, under the auspices of the
department, shall have the responsibility of coordinating mapping
activities in the State to ensure that mapping products are compatible
with the South Carolina Coordinate System. As part of this activity,
the division shall establish, develop, and promulgate standards for
maps and map products to ensure quality, accuracy, and compatibility
of mapping products, encourage the development of accurate mapping
systems that are compatible with and suitable for incorporation into a
standardized statewide mapping system, develop, maintain, and
administer programs for funding qualified mapping projects, and serve
as the focal point for federal, state, and local mapping programs and
activities in South Carolina.
Section 48-22-90. Where county boundaries are ill-defined,
unmarked, or poorly marked, the South Carolina Geodetic Survey on
a cooperative basis shall assist counties in defining and monumenting
the locations of county boundaries and positioning the monuments
using geodetic surveys. The South Carolina Geodetic Survey shall act
as a mediator between counties to resolve county boundary
disputes."
SECTION 249. Section 48-39-150(D) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(D) Any applicant having a permit denied or any person
adversely affected by the granting of the permit has the right to a
hearing conducted by an administrative law judge pursuant to Sections
1-23-600 and 1-23-610. A party aggrieved by a decision of an
administrative law judge has the right of direct appeal from the
decision of the Administrative Law Judge administrative
law judge to the Coastal Zone Management Appellate Panel
pursuant to Sections 1-23-600 and 1-23-610. A party aggrieved
by a final decision of the Coastal Zone Management Appellate Panel
is entitled to judicial review of that decision by the circuit court under
the provisions of Section 1-23-610(A). For the purposes of this
chapter, the final decision of the Coastal Zone Management Appellate
Panel is the final decision of the board of the Department of Health
and Environment. Any applicant having a permit denied may
challenge the validity of any or all reasons given for denial."
SECTION 250. Section 48-39-210 of the 1976 Code, as last
amended by Acts 127 and 181 of 1993, is further amended to read:
"Section 48-39-210. (A) The department is the only state
agency with authority to permit or deny any alteration or utilization
within the critical area except for the exemptions granted under
Section 48-39-130(D), and the application for a permit must
be acted upon within the time prescribed by this chapter.
(B) A critical area delineation for coastal waters or tidelands
established by the council department is valid only if
the line is depicted on a survey performed by a professional surveyor,
the line is reviewed by council the department,
council the department validates the location of the
boundaries of the coastal waters or tidelands critical area on the survey
by affixing a stamp and date to the survey, and the survey contains
clearly on its face in bold type the following statement:
`The area shown on this plat is a general representation of
Coastal Council Department of Health and Environmental
Control (department) permit authority on the subject property.
Critical areas by their nature are dynamic and subject to change over
time. By generally delineating the permit authority of the Coastal
Council department, the Coastal Council
department in no way waives its right to assert permit
jurisdiction at any time in any critical area on the subject property,
whether shown hereon or not.'
(C) Notwithstanding any other provision of this chapter, a critical
area line established pursuant to subsection (B) that affects subdivided
residential lots expires after three years from the council
department date on the survey described in subsection (B).
For purposes of this section only, a critical area delineation existing
on the effective date of this act is valid until December 31, 1993.
(D) Exceptions to subsection (C) are eroding coastal stream banks
where it can be expected that the line will move due to the
meandering of the stream before the expiration of the three-year time
limit and where manmade alterations change the critical area
line."
SECTION 251. Section 48-39-280(A)(4) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(4) Notwithstanding any other provision of this section,
where a department-approved beach nourishment project has been
completed, the local government or the landowners, with notice to the
local government, may petition an Administrative Law Judge
the department to move the baseline as far seaward as the
landward edge of the erosion control structure or device or, if there is
no existing erosion control structure or device, then as far seaward as
the post project baseline as determined by the department in
accordance with Section 48-39-280(A)(1) by showing that the beach
has been stabilized by department-approved beach nourishment. If the
petitioner is asking that the baseline be moved seaward pursuant to
this section, he must show an ongoing commitment to renourishment
which will stabilize and maintain the dry sand beach at all stages of
the tide for the foreseeable future. If the Administrative Law
Judge department grants the petition to move the baseline
seaward pursuant to this section, no new construction may occur in the
area between the former baseline and the new baseline for three years
after the initial beach nourishment project has been completed as
determined by the department. If the beach nourishment fails to
stabilize the beach after a reasonable period of time, the department
must move the baseline landward to the primary oceanfront sand dune
as determined pursuant to items (1), (2), and (3) for that section of the
beach. Any appeal of an Administrative Law Judge's the
department's decision under this section may be made to the
Coastal Zone Management Appellate Panel pursuant to Section
48-39-150(D)."
SECTION 252. Section 48-39-280(E) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(E) A landowner claiming ownership of property affected
who feels that the final or revised setback line, baseline, or erosion
rate as adopted is in error, upon submittal of substantiating evidence,
must be granted a review of the setback line, baseline, or erosion rate,
or a review of all three pursuant to Section 48-39-150(D).
The requests must be forwarded to the Coastal Zone Management
Appellate Panel and handled in accordance with the department's
regulations on appeals."
SECTION 253. Section 48-39-290(D) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(D) Special permits:
(1) If an applicant requests a permit to build or rebuild a
structure other than an erosion control structure or device seaward of
the baseline that is not allowed otherwise pursuant to Sections
48-39-250 through 48-39-360, the department may issue a special
permit to the applicant authorizing the construction or reconstruction
if the structure is not constructed or reconstructed on a primary
oceanfront sand dune or on the active beach and, if the beach erodes
to the extent the permitted structure becomes situated on the active
beach, the permittee agrees to remove the structure from the active
beach if the department orders the removal. However, the use of the
property authorized under this provision, in the determination of the
department, must not be detrimental to the public health, safety, or
welfare.
(2) The department's Permitting Committee is the committee
to consider applications for special permits.
(3)(2) In granting a special permit, the
committee department may impose reasonable
additional conditions and safeguards as, in its judgment, will fulfill the
purposes of Sections 48-39-250 through 48-39-360.
(4)(3) A party aggrieved by the
committee's department's decision to grant or deny a
special permit application may appeal to the full Coastal Zone
Management Appellate Panel the decision pursuant to
Section 48-39-150(D)."
SECTION 254. Section 48-49-70 of the 1976 Code is amended to
read:
"Section 48-49-70. (a)(A) The Department
of Parks, Recreation and Tourism Natural Resources
shall identify the protected mountain ridge crests in each county by
showing them on a map or drawing, describing them in a document,
or any combination thereof. These maps, drawings, or documents
shall identify the protected mountain ridges as defined in Section
48-49-30 and such other mountain ridges as any county may request,
and shall specify those protected mountain ridges that serve as all or
part of the boundary line between two counties. By January 1, 1985,
the map, drawing, or document tentatively identifying the protected
mountain ridge crests of each county must be filed with the governing
body of that county, with the municipal governing body of each
municipality that requests it, and with the register of mesne
conveyances or the clerk of court in the county where the land lies,
and made available for inspection at the Department's offices in
Columbia.
(b)(B) Determinations by the Department of
elevations under this section are conclusive in the absence of
fraud."
SECTION 255. Section 49-1-15 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 49-1-15. (A) Except as otherwise provided herein,
no person may erect, construct, or build any structure or works in
order to dam or impound the waters of a navigable stream or any
waters which are tributary to a navigable stream for the purpose of
generating hydroelectricity without securing a permit from the
Department of Health and Environmental Control. Any projects that
are subject to Chapter 33 of Title 58 of the Utility Facility Siting and
Environmental Protection Act are exempted from this section.
Further exempted are projects where the project developer without
exercising condemnation authority is the existing owner of the
property upon which the project is to be constructed and projects
which do not exceed sixty acres including in both cases inundated
land.
(B) Except as otherwise provided herein, no person may erect,
construct, or build any structure or works in a navigable stream
without securing a permit from the Department of Health and
Environmental Control.
(C) The Department of Health and Environmental Control
may issue a permit for the projects in this subsection after a thorough
review of the proposed project and a finding that it meets any
regulations of the board department and the following
standards:
(1) The proposed project does not halt or prevent navigation by
watercraft of the type ordinarily frequenting the reach of the
watercourse in question.
(2) The projects proposed for shoaled areas of the watercourse
provide a means of portage or bypass of the project structure.
(3) The need for the proposed project far outweighs the
historical and current uses of the stream in question.
(4) The impact of the proposed project will not threaten or
endanger plant or animal life. The proposed project will not
violate water quality standards for the watercourse in question.
(5) The recreational and aesthetic benefits or detriments caused
by the proposed project do not alter the watercourse or damage
riparian lands.
(C)(D) The Attorney General shall represent
before any federal agency the department, if so requested by the
department, respecting the same application."
SECTION 256. Chapter 3 of Title 49 of the 1976 Code is
amended by adding:
"Section 49-3-60. The department may negotiate agreements,
accords, or compacts on behalf of and in the name of the State with
other states or the United States, or both, with an agency, department,
or commission of either, or both, relating to withdrawal, transfer, or
diversion of water connected to waters of this State or that impacts
waters of the State or future supplies of water. Any interstate compact
made by the department is subject to approval by joint resolution of
the General Assembly. The department may represent the State in
connection with water withdrawals, transfers, or diversions occurring
in other states which may affect this State."
SECTION 257. Section 49-4-15(2) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(2) `Department' means the Department of Health and
Environmental Control Natural Resources."
SECTION 258. Section 49-7-70(20) of the 1976 Code is amended
to read:
"(20) To exercise the power of eminent domain for
any a corporate function. The power of eminent
domain may be exercised through any a procedure
prescribed by Chapter 5, Title 28, or by following the
procedure for the exercise of eminent domain by the State
Highway Department Department of Transportation,
prescribed by Article 3, Chapter 5, Title 57, as such
the statutes are now constituted or as they may
afterwards be constituted following any amendments
thereto."
SECTION 259. Section 50-3-90 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 50-3-90. The authorized agents of the department
may conduct game and fish cultural operations and scientific
investigations in such manner, places and at such times as are
considered necessary and may use whatever methods are deemed
advisable for sampling fish populations. Such operations and
investigations shall be conducted only at the request of and with the
permission from the board department, and no such
operations and investigations shall be made upon private lands and
waters except at the request of the owner or owners of such lands and
waters."
SECTION 260. Section 50-3-310 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-3-310. The director shall appoint the
enforcement officers of the Natural Resources Enforcement Division,
subject to their receiving a commission from the Governor. An
enforcement officer shall be issued a commission by the Governor
upon the recommendation of the director. An enforcement officer
may be removed by the board director upon proof
satisfactory to it the director that he the
enforcement officer is not fit for the position."
SECTION 261. Section 50-3-315(A) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-3-315. (A) The director may appoint deputy
enforcement officers to serve without pay and shall establish their
territorial jurisdiction. The officers, when acting in their official
capacity, may enforce all laws and regulations relating to wildlife,
marine, or natural resources fish and game, trespass, and
littering laws within their territorial jurisdiction. The powers and
duties of the officers must be established by regulations of the
department. Deputy enforcement officers serve at the pleasure of the
director. The Secretary of State shall transmit to the director the
commissions of all officers. The director shall transmit each
commission to the office of the clerk of court for the county in which
the officer resides only after he files the oaths and bonds required by
Section 50-3-330."
SECTION 262. Section 50-3-510 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-3-510. The department may, subject to
the provisions of this article, may contract for the
selective cutting and sale of timber on any lands held by the
department on behalf of its Wildlife and Freshwater Fish
Fisheries Division. No contract for such the
cutting and sale shall may be entered into and no
timber shall may be cut or sold unless the board
decides that the cutting and sale of such the timber is
for the best interests of the department and the improvement of its
lands, by reason of thinning the timber, harvesting the over-age
trees, and improving general forestry conditions. Prior
to Before selling or cutting any such the
timber the matter shall must be submitted to the State
Forester, who shall investigate the propriety of making such
the cutting and shall have the timber cruised and an estimate
of the value made. If the State Forester finds that the sale is not in
keeping with good forestry practices or will adversely
will affect the remainder of the timber, the sale shall
must not be made."
SECTION 263. Section 50-5-20 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 50-5-20. The department shall have jurisdiction over
all salt-water fish, fishing and fisheries, all fish, fishing and fisheries
in all tidal waters of the State and all fish, fishing and fisheries in all
waters of the State whereupon a tax or license is levied for use for
commercial purposes. This includes the following: All shellfish,
crustaceans, diamond-back terrapin, sea turtles, porpoises, shad,
sturgeon, herring and all other migratory fish except rock fish
(striped bass)."
SECTION 264. Section 50-5-110 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-5-110. The department may adopt and
promulgate rules and regulations for the government of the
force under its control and for the control of fisheries, not contrary to
or inconsistent with the laws and policy of the State, having the force
and effect of law, and may provide penalties for violation
thereof of the regulations not to exceed forfeiture of
license or privilege previously granted by the Division
department."
SECTION 265. Section 50-7-10 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 50-7-10. In pursuance of Article III of the Atlantic
States Marine Fisheries Compact, of which this State is a signatory,
there shall be three members, hereinafter called Compact
Commissioners, of the Atlantic States Marine Fisheries Commission,
hereinafter called the Compact Commission, from this State. The first
Compact Commissioner from this State shall be the Director of the
department or his designee, ex officio, and the term of any
such ex officio Commissioner shall terminate at the time he ceases to
hold such office and his successor as Compact Commissioner shall be
his successor as Director of the department. The second Compact
Commissioner from this State shall be a legislator and member of the
Commission on Interstate Cooperation of this State, ex officio,
designated by the Commission on Interstate Cooperation, and the term
of any such ex officio Commissioner shall terminate at the time he
ceases to hold such legislative position or such position as
Commissioner on Interstate Cooperation, and his successor as Compact
Commissioner shall be named in like manner. The Governor, by and
with the advice and consent of the Senate, shall appoint a citizen as a
third Compact Commissioner, who shall have a knowledge of and
interest in the marine fisheries problem. The term of such Compact
Commissioner shall be three years and he shall hold office until his
successor shall be appointed and qualified. Vacancies occurring in the
office of such commissioner from any reason or cause shall be filled
by appointment by the Governor, by and with the advice and consent
of the Senate, for the unexpired term. The director of the department
as ex officio commissioner may delegate, from time to time, to any
deputy or other subordinate in his department or office, the power to
be present and participate, including voting as his representative or
substitute, at any meeting of or hearing by or other proceeding of the
Compact Commission. The terms of each of the initial three members
shall begin at the date of the appointment of the appointive Compact
Commissioner, provided the compact shall then have gone into effect
in accordance with Article II thereof and otherwise shall begin upon
the date upon which the compact shall become effective in accordance
with Article II.
Any commissioner may be removed from office by the Governor
upon charges and after a hearing, but opportunity to be heard shall be
given."
SECTION 266. Section 50-9-70 of the 1976 Code, as added by
Act 94 of 1993, is amended to read:
"Section 50-9-70. The South Carolina Wildlife and
Marine Resources Department of Natural Resources shall
establish programs in instruction on the safe use of firearms and
archery tackle for hunting and hunter responsibility. The programs
must include, but are not limited to, the selection, training, and
certification of instructors, appropriate course materials and content,
and criteria for successful course completion. The department shall
authorize the issuance of a certificate of completion to persons
successfully completing the course."
SECTION 267. Section 50-9-470 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-9-470. In lieu of obtaining a regular annual
nonresident fishing license provided for by Section 50-9-460, a
nonresident of this State may procure a temporary nonresident license
for the purpose of fishing for game fish or other fish in this State.
The temporary license authorizes the licensee to fish in any of the
waters of this State for a period of seven specified consecutive
days, in accordance with other regulations provided by law, and the
license is valid for the period specified. The fee for the license is
eleven dollars. Of this amount one dollar may be retained by the
agent selling a license, and the balance must be remitted by the agent
to the department and deposited in the State Treasury to
the State Treasurer in the game protection fund. The department,
at the end of each calendar year, shall credit the Santee-Cooper funds
with an amount equal to the sum collected during the calendar year
1956 from the temporary license then in effect for those waters. If
there is a general decline in revenue from all sources of the Wildlife
and Freshwater Fish Fisheries Division of the
department, the amount credited may be reduced by the same
percentage of the decline."
SECTION 268. Section 50-17-320 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-17-320. (A) If the State authorizes any activity
or use requiring the permanent closure of shellfish grounds, the
portion of a permitted area which falls within the closed area may be
removed from the permit acreage agreement by the board
department. If a portion of the acreage is removed, the
permit acreage agreement and annual fee must be adjusted on the
annual renewal date as prescribed in Section 50-17-336.
(B) If a state or federal permit is issued over the objections of the
department, or for a project of overriding public need, and if the
permitted project causes the closure of any shellfish grounds or
renders any bottoms unsuitable for the purpose of shellfish
propagation, the department may require the permittee to mitigate or
compensate, or both, for the loss of the public shellfish resource.
The compensation must be remitted to the department and placed
in a special fund for shellfish management.
Compensation and mitigation under authority of this section may
not be considered as factors in justifying the issuance of any such
permit and this section may not be interpreted as authorizing the
closure of any shellfish grounds or authorizing the rendering of any
bottoms unsuitable for shellfish propagation.
If an unauthorized action results in a closure of shellfishing waters
or renders them temporarily or permanently unsuitable for the purpose
of shellfish propagation, the party responsible for the action may be
required by the department to mitigate the loss of the resource and to
compensate for damages which result from the loss of the shellfish
resource.
(C) The terms of the mitigation or compensation authorized by
subsection (B) and the amount of the award of damages must be
determined in the first instance by the board
department. Its determination constitutes a final decision for
the purpose of Section 1-23-380, and the affected party may seek
judicial review pursuant to the decision."
SECTION 269. The first paragraph of Section 50-17-365 of the
1976 Code, as last amended by Act 181 of 1993, is further amended
to read:
"Section 50-17-365. It is unlawful for any person to remove,
take, or harvest any shellfish, as defined in Section 50-5-10, from the
coastal waters and bottoms of the State from May fifteenth to
September fifteenth, inclusive. The board department
has the authority to open or close any area of state waters or bottoms
for the removal, taking, or harvesting of shellfish for specified periods
at any time during the year when biological and other conditions
warrant the action. Nothing in this article may be construed to alter
the authority of the Department of Health and Environmental Control
to open and close shellfish grounds for public health reasons."
SECTION 270. Section 50-17-730 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-17-730. (A) As used in this section:
(1) `Peeler crab' means a blue crab (Callinectes sapidus), having
a new soft shell fully developed under the hard shell and having a
definite white, pink, or red line or rim on the outer edge of the back
fin or flipper.
(2) `Soft shell crab' means a peeler crab which has
recently has shed its hard shell.
(B) Notwithstanding the provisions of Section
50-17-720, any a person engaged in the catching,
taking, or transporting of peeler crabs or in shedding peeler crabs for
the purpose of producing soft shell crabs is required to have a valid
permit or identification card issued by the department.
(C) Permits under this section must be issued only to
bona fide dealers engaged in shedding peeler crabs and in possession
of a valid license as provided in Section 50-17-180. The permits
must be are in addition to any other licenses
and permits required by law. The fee for each permit is seventy-five
dollars annually for the license period beginning July first.
Identification cards may be issued to a permit holder under this section
to be used by persons employed by him to catch and transport peeler
crabs to his shedding operation.
(D) The department has authority to inspect the business
premises of any a person engaged in shedding peeler
crabs.
(E) On each permit issued under this section the
department has the authority to specify:
(a)(1) the area from which peeler crabs may be
caught or taken by gear other than crab pots;
(b)(2) the types of gear or fishing equipment
which may be used to take peeler crabs;
(c)(3) catch reporting requirements;
(d)(4) boat identification requirements;
(e)(5) any other provisions the department
considers necessary to carry out the provisions of this section.
(F) Any A person violating the
provisions of this section or any of the permit conditions of the
Marine Resources Division of the department is guilty of a
misdemeanor and, upon conviction, must be fined two hundred dollars
or imprisoned thirty days. Upon conviction for a second offense,
any permits issued under this section must be suspended for
thirty days. Any A boat, with its equipment and
rigging found engaged in the taking of peeler crabs after the permits
have been suspended, must be confiscated and, upon conviction, must
be sold as prescribed in Section 50-17-650."
SECTION 271. Title 50 of the 1976 Code, as last amended by Act
181 of 1993, is further amended by adding:
"CHAPTER 27
Heritage Trust Program
Section 50-27-10. The following words or phrases have the
definition given unless clearly specified otherwise:
1. `Board of the department' means the governing board of the
Department of Natural Resources.
2. `Department' means the Department of Natural Resources.
3. `Advisory board' means the Heritage Trust Advisory Board.
4. `Natural area' means an area of land or water, or a
combination thereof, generally, but not necessarily, large in size. Such
an area may be in public or private ownership and shall contain
relatively undisturbed ecosystems, landforms, threatened, endangered,
or unique plant life or animal habitats, or other unusual or outstanding
scientific, educational, aesthetic, or recreational characteristics.
5. `Natural feature' means an area of land or water, or a
combination thereof, which is generally, but not necessarily, small in
size. Such area may be in public or private ownership and shall
contain or consist of outstanding remnants or natural elements of
surviving undisturbed natural ecosystems such as record size
individual species of plant life, nests or rookeries, geological
formations, or objects of special scientific, educational, aesthetic, or
recreational character.
6. `Cultural area or feature' means an area or feature which
provides an outstanding example of our historical or archeological
heritage. Such an area or feature shall be a site of special historic
interest or contain outstanding remnants or elements of the way of life
and significant events of our past so that through their preservation
and the restoration of related existing structures, or the development
of a historic area, as well as through study, investigation and
examination of the material remains in that life, a record may be
preserved of the interrelationship and effect between man's activities
and his surrounding environment. A cultural area or feature may be
one that is either publicly or privately owned.
7. `Heritage Preserve' means a natural or cultural area or feature
which is `dedicated' under this chapter.
8. `Heritage Site' means a natural or cultural feature which has
been recognized as such through `registration' under this chapter.
9. `Dedicate or dedication' means the process by which any
natural or cultural area or feature shall be established as a Heritage
Preserve in accordance with the procedures set out in Section
50-27-80. Dedication may result from either of the following
methods, but no power of eminent domain is hereby conferred or
granted to the board of the department, the advisory board, or the
department under this chapter:
(a) `Acquisition' means the establishment of a Heritage Preserve
whereby the owner of a natural or cultural area or feature transfers the
fee simple interest therein to the board of the department for such
purpose; or
(b) `Acceptance' means the establishment of a Heritage Preserve
whereby the owner of a natural or cultural area or feature transfers
less than the fee simple interest therein to the board of the department
for such purpose. Examples are granting of a `conservation or open
space easement' or the transfer of title subject to a life estate or
reverter. Interests in real estate of a term of years shall not qualify for
dedication under this chapter.
10. `Register' or `registration' means the process by which the
owner of a natural or cultural feature shall enter into a written
agreement with the board of the department recognizing the unique
and outstanding characteristics thereof in accordance with the
procedures set out in Section 50-27-100.
11. `Priority areas and features list' means the list made up of
those areas and features recommended by the advisory board, and
approved by the board of the department, under this chapter whose
preservation is of primary importance to the goals and purposes of this
chapter and which are, therefore, eligible to be included as Heritage
Preserves and Sites.
12. `The Heritage Trust Program' means the entire system
established under this chapter to provide for the inventorying,
preservation, use and management of unique and outstanding natural
or cultural areas and features in this State. The term `Heritage Trust'
means the legal trust which is created under Section 50-27-90.
Section 50-27-20. The General Assembly finds that as a part of
the continuing growth of the population and the development of the
economy of the State it is necessary and desirable that portions of the
state's rich natural and cultural diversity be set aside as Heritage
Preserves and Sites and protected for the benefit of present and future
generations, for once disturbed they cannot be wholly restored. Such
areas and features are irreplaceable as laboratories for scientific
research; as reservoirs of natural materials for which the value and
usefulness thereof is not yet fully known; as habitats for rare and
vanishing species; and as living museums where people may observe
natural biotic and environmental systems and as areas for study and
enjoyment as examples of the lands, structures and related artifacts
which represent significant parts of our historical and cultural heritage.
While a number of independent and differing efforts, both private
as well as governmental, have been initiated to protect some of these
assets, a coordinated and concerted program is needed in order to
avoid duplication among these and other valuable activities and to
ensure the maximum conservation of these resources through the
establishment of a more effective and adequate official legal
mechanism for identifying, recognizing, and protecting such areas for
their outstanding characteristics. While the preservation of all of these
assets in their natural state is both impractical and often not
necessarily in the total best interest of the State and the public, they
exist in limited and decreasing quantities. The time is now for a
decision to be made as to which of these areas and sites deserve
increased protection and for selecting the most appropriate means for
doing so.
It is therefore the public policy of this State to secure for the
people, both present and future generations, the benefits of an
enduring resource of natural and cultural areas and features by
establishing a system of Heritage Preserves and Sites; protecting this
system; gathering and disseminating information regarding it;
establishing and maintaining a listing of Heritage Preserves and Sites;
and otherwise encouraging and assisting in the preservation of natural
and cultural areas and features of this State.
Section 50-27-30. The Heritage Trust Program is created to
achieve the following goals by protecting lands and making them
available to state agencies, educational institutions, and public and
private groups for the following purposes:
1 For research in such fields as archeology, agriculture,
conservation, ecology, forestry, genetics, geology, history,
paleontology, pharmacology, soil science, taxonomy, and similar fields
by governmental employees, educational and scientific groups as well
as by private individuals.
2. For the teaching of archeology, biology, conservation, ecology,
geology, history, natural history, and other subjects.
3. As habitats and places for maintaining plant and animal species
in communities.
4. As reservoirs of natural and cultural materials.
5. As places of natural and cultural interests and beauty whereby
through visitation the public may observe, value, and enjoy natural and
cultural processes and events. Unique recreational opportunities of a
type not generally available through the existing State Park System
may be provided, including outdoor sporting usage such as hunting
and fishing as well as aesthetics, where wholly compatible and
consistent with the character of the area or feature.
6. As benchmarks against which to measure such processes or
events as well as the environmental degradation from natural and
unnatural influences.
7. To promote the understanding and appreciation of the aesthetic,
cultural, and scientific values of such areas and features by the people
of the State.
8. For the preservation and protection of Heritage Preserves and
Sites against modification or encroachment resulting from occupation,
development, or other uses which would destroy their natural and
cultural character.
9. As places for maintaining representative lands and related
structures which illustrate periods, events, styles, and uses of the land
in our state's historic and cultural heritage.
Section 50-27-40. The board of the department shall have the
following duties, responsibilities, and powers under this chapter:
1. To serve as trustee of the trust created under this chapter and
to carry out the powers, duties, and responsibilities thereunder;
2. To supervise the establishment, updating and maintenance of
a statewide inventory of the natural and cultural resources and the
maintenance of a list of those areas and features selected or established
under this chapter as priority areas and features or as Heritage
Preserves and Sites;
3. To select from the recommendations of the advisory board
those natural and cultural features, the preservation of which is of
primary importance to the goals and purposes of this chapter, and to
classify such as priority areas and features;
4. To select from the recommendations of the advisory board
those priority areas and features which should be dedicated or
recognized as Heritage Preserves or Sites, and thereafter to establish
as such through dedication or recognition;
5. To select from the recommendations of the advisory board
those Heritage Preserves, interests therein or portions thereof,
deserving of protection under the Heritage Trust and thereafter to
transfer same into the corpus of the trust.
6. To conduct public hearings on the question of whether any
particular natural or cultural area or feature should be established as
a Heritage Preserve or Site, or on the uses or nonuses which shall
apply to any area dedicated under the Heritage Trust Program;
7. To manage or provide for the management of Heritage
Preserves through the promulgation of rules and regulations designed
to preserve the primary natural character of such areas or features and
to provide the maximum public usage thereof which is compatible and
consistent with the character of the area. Management duties and
responsibilities may be assigned to any governmental or private group,
with its consent, with respect to any particular Heritage Preserve;
8. To cooperate with and to enter into agreement with other state,
federal, county, and local units of government as well as private
groups for the promotion of the purposes of this chapter including the
carrying out of other requirements under federal and state law.
9. To report annually to the Governor and to the General
Assembly as to the activities of the Heritage Trust Program and its
future plans, and to make any specific recommendations which it feels,
if implemented, would assist in achieving the goals and purposes of
this chapter.
Section 50-27-50. The Heritage Trust Advisory Board is hereby
created to assist the board of the department in carrying out its duties
and responsibilities under this chapter. The advisory board shall
consist of seventeen members who shall be chosen as follows and
shall elect from its membership a chairman:
1. From the general public, six persons, one from each
congressional district within the State, who shall be appointed by the
Governor and serve for a term of six years. Of these six, four persons
shall be from the scientific community who are recognized and
qualified experts in the ecology of natural areas, and two persons shall
be from the cultural community who are recognized and qualified
experts in the history and archeology of the State. The term `expert'
does not of necessity denote a professional but one learned and
interested in the field.
2. From state government, the following persons or their
designees:
A. The Chairman of the board of the Department of Natural
Resources;
B. The Director of the Department of Natural Resources;
C. The Director of the South Carolina Department of Parks,
Recreation and Tourism;
D. The Director of the Department of Environmental Control;
E. The Director of the South Carolina Department of Archives
and History;
F. The State Forester;
G. The State Archeologist;
H. The Director of the State Museum; and
I. The Director of the Department of Commerce.
Provided, however, of the initial appointees under this section, that
of the six persons appointed under Item 1 above, two shall serve for
a term of two years, two for a term of four years, and two for a term
of six years.
Section 50-27-60. The Heritage Trust Advisory Board shall have
the following powers and duties:
1. To review the inventories prepared and submitted by the
department and other state agencies as well as other appropriate
sources of information and to recommend therefrom to the board of
the department the selection of those areas and features as priority
areas and features that it deems to be of primary importance to the
goals and purposes of this chapter.
2. To evaluate, review and examine proposals of the department
and other state agencies as well as citizen recommendations for the
dedication or recognition of specific areas and features as Heritage
Trust Preserves and Sites, and from its expertise to recommend to the
board of the department the dedication or recognition of such areas
and features which it feels proper.
3. To recommend to the board of the department any rules,
regulations, management criteria, allowable uses and such which the
advisory board feels would be beneficial to carrying out the goals and
purposes of this chapter.
4. To appoint technical committees consisting of experts in
specialty areas dealing with the ecology, history, and archeology of
our State and any other type committees that the advisory board feels
can be of assistance in fulfilling its duties and responsibilities under
this chapter.
5. To assist in maintaining a list of areas and sites which through
dedication become Heritage Trust Preserves or Sites and to make
public information regarding their location, management, regulation,
and permissible public uses and the like.
6. To authorize research and investigation for inventory and
assessment purposes, including the reasonable right of entry and
inspection, and to disseminate information and recommendations
pertaining to natural and related cultural areas and features.
Section 50-27-70. The department shall act as the basic staff for
the board of the department and the advisory board and shall have the
following powers and duties:
1. The director shall select a member of his staff who shall be
primarily responsible for the administration of the Heritage Trust
Program.
2. The department shall supply such other staff and support
services as the board of the department and the advisory board require
to fulfill their duties and responsibilities under this chapter.
3. The department shall maintain a public record of any
inventories or lists established under this chapter.
4. The department shall work with owners, both public and
private, in the development of proposals for the dedication and
recognition of natural and cultural areas and features as Heritage
Preserves and Sites, and it shall keep the advisory board informed of
the same in order that therefrom the advisory board may make
recommendations to the board of the department as provided under
this chapter.
5. The department shall consult with and work in cooperation
with the Department of Archives and History, the State Archeologist,
the Department of Parks, Recreation and Tourism and any other state,
county, or local unit of government, or any private entity, or group
which is or should be directly involved in the Heritage Trust Program
as well as in any particular efforts to preserve or protect any specific
area or feature under the provisions of this chapter. In all cases, the
department shall attempt to avoid duplication of effort with other
agencies and groups and shall have no mandatory authority hereunder
to require action by any such body.
Section 50-27-80. Upon recommendation of the advisory board
and approval by the board of the department, any area or feature on
the `Priority Areas and Features List' may be established as a Heritage
Preserve through the process of dedication. In addition to the transfer
of either the fee simple interest or a lesser interest therein such as an
open space easement, the owner of any such area or feature must enter
into a written `Dedication Agreement' with the department whereby
any restrictions, conditions, permissive and nonpermissive uses of the
area or feature involved are clearly stated. Once the necessary deed,
easement or the like has been filed along with the `Dedication
Agreement' in the real estate records for the county in which the area
or feature is located, the process of dedication shall be complete and
a Heritage Preserve shall have formally been established.
No area or feature of primarily cultural significance or character
shall be dedicated unless the Archives and History Commission
approves thereof. The following restrictions shall apply to all Heritage
Preserves:
1. The primary dedication as a Heritage Preserve shall be to
preserve and protect the natural or cultural character of any area or
feature so established. The board of the department and its agents
shall in all cases maintain the essential character of any area or feature
dedicated, and as such they are hereby declared to be at their highest,
best and most important use for the public benefit. No Heritage
Preserve shall be taken for any other public purpose unless the
approval of both the board of the department and the Governor has
been obtained. In no case shall any Heritage Preserve be taken for
any private use.
2. An acquisition by dedication shall be in perpetuity.
3. In any case where an area or feature is dedicated as a Heritage
Preserve through acceptance of less than the fee simple interest
therein, no management of such property shall be performed by state
agencies or their employees and no public funds shall be utilized in
the upkeep or general maintenance of such property; provided, in the
case where public usage of such area or feature is compatible and
consistent with the natural character of the property and the owner is
agreeable to allow such as defined under this chapter, reasonable costs
of maintenance and management may be borne by the State.
4. No acquisition of any area or feature as a Heritage Preserve
shall be allowed whereby the department receives the fee simple
interest in the property while the grantor or transferor retains the
beneficial use or interests in the land except where total and complete
public usage of the area or feature as allowed under this chapter is
agreed to in the `Dedication Agreement'.
5. Within ninety days from the date of the completion of the
dedication process by which an area or feature is established as a
Heritage Preserve, or as soon thereafter as possible, the department
shall recommend a management plan for the area or feature concerned.
Such proposed plan shall include recommendations as to the uses and
nonuses to which the property should be put, recommendations as to
whether all or a part of the area or feature is deserving of increased
protection through inclusion in the Heritage Trust, the projected cost
of the management of the property, and recommendations as to
whether or not a user fee would be appropriate. All state, federal,
county, local, and private groups interested in the area or feature
involved shall be allowed to have input into the proposed management
plan. The plan shall be considered by the advisory board, and
therefrom the advisory board shall propose to the board of the
department an overall management plan for the area or feature
concerned. Upon approval by the board of the department of a plan,
the department or that agency or group authorized by the board of the
department shall manage the Heritage Preserve in accordance
therewith.
Section 50-27-90. There is hereby created the South Carolina
Heritage Trust, the trustee of which shall be the Board of the South
Carolina Department of Natural Resources. The corpus of the trust
shall be made up of those Heritage Preserves which the board of the
department considers to be of such outstanding and unique natural or
cultural character so as to be significant and essential to the carrying
out of the goals and purposes of this chapter and as such, to merit a
greater degree of preservation than that provided by dedication. The
board of the department shall have authority to place into the corpus
of the trust any Heritage Preserve that it feels meets this criteria and
which has been recommended for inclusion therein by the advisory
board. The beneficiaries of this trust are and shall be the present and
future generations of citizens of the State, more particularly those
present and future citizens residing within a close proximity to any
area or feature which itself, or an interest therein, becomes,
constitutes, or comprises a part of the corpus of such trust and who
actually enjoy use of such area or feature; and further and more
particularly, those present and future students, teachers, and persons
residing in the State who are concerned with conservation or with
research in any facet of ecology, history, or archeology and who
actually utilize any such area or feature for the promotion of such
interest.
Wherever the term `area or feature' is used in this section, it shall
include `or interests therein'. The following, except as otherwise
expressly provided, shall constitute substantive terms of the trust and
apply to any area or feature which becomes a part of the corpus
thereof:
1. Upon approval by the board of the department of the inclusion
of a Heritage Preserve in the corpus of the South Carolina Heritage
Trust, such transfer shall be recorded in the county in which the
property is located and shall establish conclusive proof that such area
or feature is suitable for preservation and protection under this chapter
and constitutes a part of the corpus of the South Carolina Heritage
Trust.
2. In any case wherein the previous owner of a Heritage Preserve
has restricted such area or feature from inclusion in the South Carolina
Heritage Trust, or where the previous owner has withheld an interest
therein such as a life estate or reverter, the Heritage Preserve involved
shall not be allowed to become a part of the corpus of the South
Carolina Heritage Trust unless at a subsequent time such approval is
obtained from such person or his successor in interest.
3. Upon the approval by the board of the department of the
inclusion of any Heritage Preserve in the South Carolina Heritage
Trust and the transfer of the title or interest held by the board of the
department therein to the trust, subject to the provisions of Item 2 of
this section, legal title to such area or feature shall be conveyed to the
trustee of the South Carolina Heritage Trust and the equitable, or
beneficial ownership, shall rest in those beneficiaries previously stated
and described, whether such property was owned by a private or
public source prior to dedication.
4. Upon approval by the advisory board, the department, the
board of the department, and any agency of the State is hereby
authorized to enter into agreement in advance with any person, firm,
corporation, legal entity of government, or any private group that any
particular area or feature shall be conveyed to the trustee in trust under
the provisions of this chapter.
5. Upon approval by the board of the department of inclusion of
any Heritage Preserve into the corpus of the South Carolina Heritage
Trust, the advisory board shall review the management plan therefor
as well as the `Dedication Agreement' and any other sources of
information which it may consider appropriate. Upon approval thereof
by the board of the department, the department, or that agency or
group assigned management responsibilities therefor, shall manage the
property in accordance therewith. Except to the extent expressly
otherwise provided in the `Dedication Agreement', the following
substantive terms shall be deemed to be set forth in the conveyance to
the Heritage Trust and the trustee shall hold such property in trust
subject to such terms:
(a) The essential natural character of the property shall be
maintained.
(b) There shall be no erection of any improvements thereon
except those minimal improvements necessary for the security, safety,
or convenience of the public and those required for maintenance and
management.
(c) Cutting or burning of timber, wood or other destruction of
flora or fauna shall be permitted only for conservation or regeneration
of flora or fauna; or for the control of plant succession by deliberate
manipulation for restoration of preservation of a particular vegetation
type or of an endangered species of flora, fauna or wildlife; or for the
establishment and maintenance of nature and hiking trails, camping
areas and the like where compatible and consistent with the character
of the area or feature concerned and not seriously damaging or
detrimental to the natural quality of the property.
(d) No stream shall be dammed or have its course altered.
(e) No motorized vehicles shall be permitted on the property
other than those utilized by the trustee or its agents in management
and protection of the property or used by the general public for
ingress and egress to the property in compliance with the management
plan for the area or feature concerned.
(f) No change shall be made in the general topography of the
area or feature except for those minimal alterations which may be
necessary to provide on-foot access to the public for visitation, or
observation; and this shall be done only where wholly compatible and
consistent with the character of the property and where no detrimental
effect shall result.
(g) No activity shall be allowed or permitted which might
pollute any stream, body of water, or the atmosphere.
(h) No signs, billboards or other advertising of any kind shall
be erected; however, informational and directional signs related to the
designation of the area or feature as a Heritage Preserve and related
to the public's enjoyment thereof shall be allowed when approved by
the trustee.
(i) No other acts or uses which are detrimental to the retention
of the property in its natural state shall be allowed, including those
detrimental to flood control, drainage, water conservation, erosion
control or soil conservation, or fish or wildlife habitat preservation.
(j) Where cultural areas or features are involved, reasonable
excavation, improvement and the like shall be allowed for research
purposes as well as to restore such area or feature.
(k) The trust shall continue in perpetuity.
(l) Nothing in this chapter shall be interpreted as restricting the
use of an existing or any future easement, express or implied, in favor
of any utility or other holder of an easement for public purposes.
6. Those natural and related cultural areas and features which are
acquired as Heritage Preserves in accordance with the trust provisions
of this chapter are hereby declared to be as such at their highest, best
and most important use for the public benefit. The State, any agencies
thereof, local or county entities of government, or public utility which
has the power of condemnation by law may acquire by purchase, gift,
or eminent domain an easement or other interest in any property
comprising a part of the corpus of the Heritage Trust; provided,
however, that before any such condemnation shall occur a court of
competent jurisdiction shall determine the following:
(1) there is an unavoidable and imperative public necessity that
the property or interest therein be taken for another public use;
(2) that there is no feasible and prudent alternative for the
proposed use for which the property or interest therein is to be taken;
and
(3) that the proposal for taking includes all possible planning to
minimize the harm done to such property resulting from such
proposed use. Where the court deems appropriate, a public hearing
shall be conducted prior to the court's decision to allow comment and
input thereto. No city, county, public district, agency of the State, or
public utility of the State shall acquire any real property which is a
part of the corpus of the Heritage Trust through condemnation for the
purpose of utilizing such property for another public use unless the
acquiring entity pays or transfers to the Heritage Trust sufficient
compensation to enable the operating entity to replace the real
property and facilities thereon. The trustee of the trust shall have
authority to utilize such proceeds to acquire additional property for the
trust and to maintain those properties which form the corpus of the
trust.
7. The common law of South Carolina pertaining to trusts shall
be applicable to the Heritage Trust and to all areas or features, or
interests therein, which become a part of this corpus. Without in any
way limiting the generality of the foregoing, such trusts shall not fail
for want of a trustee, and the trust shall be terminated as to any
particular area or feature, or interest therein, only upon total failure of
the intended purpose. Any substitution of the trustee or termination
of the trust as to any particular area or feature, or interests therein,
shall occur only after appropriate judicial action wherein the
beneficiaries are adequately represented, and such total failure shall
not in any way affect the remainder of the property within the corpus
of the trust.
8. The trustee shall hold, manage, preserve and enforce the
various areas and features, or interests therein, which become a part
of the corpus of the trust in accordance with the terms of this chapter
and in any respective conveyances and transfers thereto. To that end
the trustees may adopt and modify rules and regulations for the use
and enjoyment of such trust properties by the public, and may employ
or appoint agents to act on their behalf in the management of such
properties.
Section 50-27-100. In any case wherein a priority feature is either
unsuited or unavailable for acquisition as a Heritage Preserve, the
board of the department in agreement with the owner thereof may
recognize such for its importance by registering it as a Heritage Site
through the following registration procedures:
1. The department through its research and consultation with the
owners of properties selected as priority features shall notify the
advisory board of those which are unsuited or unavailable for
dedication but for which the owners have made application for
recognition as Heritage Sites through registration.
2. The advisory board shall review such applications and shall
recommend to the board of the department the approval of those
which it deems worthy of preservation through registration as Heritage
Sites.
3. From the advisory board's recommendations, the board of the
department shall approve those applications for recognition as Heritage
Sites which it deems deserving and appropriate for carrying out the
purposes of this chapter.
4. Upon approval of an application by the board of the
department, the department may enter into a written agreement of
registration with the owner of the feature concerned whereby the State
shall give public recognition of the importance of the area or feature
as a Heritage Site and the owner shall express his intent to preserve
it.
5. The department shall erect and maintain an appropriate sign on
the Heritage Site indicating its recognition and the owner thereof shall
be given a certificate acknowledging its registration.
6. The registration agreement may be terminated by the owner or
the board of the department at any time upon thirty days' notification
to the other party. Such termination shall remove the feature from the
Heritage Site Program, and any certificate previously issued therefor
or sign erected shall be returned to the department by the property
owner.
7. Unless the registration agreement is terminated, the owner of
a Heritage Site shall maintain its essential natural character.
Section 50-27-110. The department shall include those costs and
operating expenses necessary for the activities of the board of the
department and the advisory board as well as staff support to carry out
the provisions of this act in the annual State Appropriation Act.
Funding for management of areas and features which become Heritage
Preserves must be specifically requested by the department or that
entity of government responsible for management thereof.
The board of the department shall select those Heritage Preserves
for which it is appropriate to charge an individual user fee. The
department may sell such user permits for a cost not to exceed five
dollars and to be valid for the fiscal year in which issued at all
Heritage Preserves where a permit is required. At the end of the fiscal
year, the department shall distribute the funds collected among the
entities of government assigned responsibility for management in
direct proportion to the acreage which they manage. The proceeds of
the sale of the user permits must be used to defray the management
expenses.
Section 50-27-115. There is created the Heritage Land Trust Fund,
which must be kept separate from any other funds of the State. The
fund must be administered by the board of the department for the
purpose of acquiring fee simple or lesser interest in priority areas,
legal fees, appraisals, surveys, or other costs involved in the
acquisition of interest in priority areas, and for the development of
minimal facilities and management necessary for the protection of the
essential character of priority areas. Expenditures under this section
for management may not exceed ten percent of revenues to the fund
in any fiscal year.
Unexpended balances, including any interest derived from the fund,
must be carried forward each year and used only for the purposes
provided in this chapter.
No fund money may be expended to acquire interest in property by
eminent domain nor may the funds be expended to acquire interest in
property without a recommendation of the Heritage Trust Advisory
Board and the approval of the State Budget and Control Board.
The board of the department shall report by letter to the presiding
officers of the General Assembly not later than January fifteenth each
year all funds expended pursuant to this chapter for the previous year,
including the amount of funds expended and the uses to which the
expenditures were applied.
The Trust Fund is eligible to receive appropriations of state general
funds, federal funds, donations, gifts, bond issue receipts, securities,
and other monetary instruments of value. Reimbursement for monies
expended from this fund must be deposited in this fund. Funds
received through sale, exchange, or otherwise of any Heritage Preserve
acquired under this section, or any products of the Preserve such as
timber, utility easement rights, and the like, accrue to the fund.
Section 50-27-120. Nothing contained in this chapter shall be
construed as interfering with the purposes stated in the establishment
of or pertaining to any state or local park, preserve, wildlife refuge,
forest or other area or the proper management and development
thereof, except that any agency managing an area or feature acquired
as a Heritage Preserve or a Heritage Site under the provisions of this
chapter shall preserve it in accordance with the applicable conveyance,
registration agreement and the rules and regulations of the board of the
department applicable thereto.
Neither the acquisition of any Heritage Preserve nor the registration
of any Heritage Site nor any action taken by the board of the
department under any of the provisions of this chapter shall void or
replace any protective status under law which an area would have
were it not a Heritage Preserve or Heritage Site, the protective
provisions of this chapter being supplemental thereto.
Section 50-27-130. 1 Enforcement officers of the Natural
Resources Enforcement Division of the Department of Natural
Resources, park rangers, and forestry rangers, as well as all other state
and local law enforcement officials, shall have authority to enforce the
provisions of this chapter.
2. The Attorney General shall enforce the rules and regulations
of the board of the department both as they apply to those areas
dedicated as well as those that are subsequently made a part of the
corpus of the South Carolina Heritage Trust. In exercise of this
authority, the Attorney General may, among other things and at the
request of the board of the department, bring an action for injunctive
or declaratory relief in any court of competent jurisdiction.
3. (a) Any person violating the provisions of this chapter where
the damage to the property does not exceed five hundred dollars is
guilty of a misdemeanor and, upon conviction, shall be fined not more
than one hundred dollars or be imprisoned not more than thirty days
for each offense.
(b) Any person violating the provisions of this chapter where
the damage to the property exceeds five hundred dollars is guilty of
a misdemeanor and, upon conviction, shall be fined not less than five
hundred dollars nor more than five thousand dollars or be imprisoned
not more than six months, or both, for each offense.
Section 50-27-140. Not more than one hundred thousand acres total
of real property shall be acquired in fee under the provisions of this
chapter. Moreover, no acquisition shall be made under this chapter in
any county without written approval of a majority of the county
delegation in the county where the property is located.
Section 50-27-150. The South Carolina Department of Natural
Resources, as trustee for the Heritage Land Trust Fund, shall report
annually to the Committee on Ways and Means of the House of
Representatives and the Senate Finance Committee detailing
acquisitions in the previous year by the Heritage Land Trust Fund and
planned acquisitions for the next five years."
SECTION 272. Chapter 1 of Title 51, as last amended by Act 181
of 1993, is further amended by adding:
"Article 7
Office of Savannah Valley Development
Section 51-1-705. All powers, duties, assets, liabilities, records,
personnel, unexpended appropriations, and properties including real
estate of the Savannah Valley Authority, formerly provided for at
Section 13-9-10, et seq., which became the Division of Savannah
Valley Development of the Department of Commerce, formerly
provided for in Article 5 of Chapter 1 of Title 13, shall be transferred
to the control of the State Department of Parks, Recreation and
Tourism to be incorporated into an Office of Savannah Valley
Development. The Office of Savannah Valley Development shall be
assigned such functions and responsibilities as the director of the
department may prescribe including, but not limited to, those formerly
exercised by the Savannah Valley Authority or the Division of
Savannah Valley Development of the Department of Commerce.
Section 51-1-710. The following terms, when used in this article,
shall have the following meanings unless the context clearly requires
otherwise:
(1) `Director' means the Director for the Office of Savannah
Valley Development;
(2) `Office' means the Office of Savannah Valley Development;
and
(3) `Department director' means the Director of the Department of
Parks, Recreation and Tourism.
Section 51-1-720. The department director has all the rights and
powers necessary or convenient to manage the business and affairs of
the office and to take action as he considers advisable, necessary, or
convenient in carrying out his powers, including, but not limited to,
the following rights and powers to:
(a) have perpetual succession;
(b) sue and be sued;
(c) adopt, use, and alter a corporate seal;
(d) adopt and amend bylaws for regulation of the office's affairs
consistent with this article;
(e) notwithstanding any provision of law or regulation to the
contrary, and in accordance with the office's own procurement
procedures and regulations as approved by the Budget and Control
Board, acquire, purchase, hold, use, improve, manage, lease, mortgage,
pledge, sell, transfer, and dispose of any property, real, personal, or
mixed, or any interest in any property, or revenues of the office,
including as security for notes, bonds, evidences of indebtedness, or
other obligations of the office. Except for the provisions of Sections
11-35-5210 through 11-35-5270, inclusive, in exercising the powers
authorized in this article the office is exempt from Title 11, Chapter
35. The department director has no power to pledge the credit and the
taxing power of the State or any of its political subdivisions;
(f) receive contributions, donations, and payments and to invest
and disburse the office's funds;
(g) make inquiry into the status of, and plans for, the development
of the J. Strom Thurmond project and the Richard B. Russell project
by the United States government, by the State of Georgia, or by any
other agency or instrumentality;
(h) encourage, assist, promote, and cooperate in the development
of the Savannah River and the streams, canals, or watercourses now
or at a later time connected to or flowing into the river and to appear
on behalf of the State before any agency, department, or commission
of this State, of the United States, or of any other state in furtherance
of the development or of any matter connected with the development
or related to the development;
(i) negotiate agreements, accords, or compacts on behalf of and
in the name of the State with the State of Georgia or the United
States, or both, with any agency, department, or commission of either
or both, or with any other state or any agency, department, or
commission of the other state, relating to the development of the
Savannah River and the development of the streams, canals, or
watercourses now or at a later time connected to or flowing into the
river, and particularly in reference to joint or concurrent action in the
furtherance of agreements, accords, or contracts. Interstate compacts
made by the office are subject to approval by concurrent resolution of
the General Assembly;
(j) act as a regional development agency of the State to receive,
purchase, hold title to, and to manage any real property in the office's
jurisdiction acquired by release of surplus real property, by purchase,
by donation, by lease, or by exchange and to develop and promote the
development of the land for recreational, transportation, residential,
commercial, and industrial purposes, both public and private, and to
lease, sublease, or convey title in fee simple to the real property as
provided in the bylaws of the office. The office shall retain, carry
forward, or expend any proceeds derived from the sale, lease, rental,
or other use of real and personal property under the office's exclusive
jurisdiction. The proceeds shall only be used in the development and
the promotion of the office as provided by this article and for the
purposes authorized by this article;
(k) promulgate regulations governing the use of or doing business
on the office's property or facilities, including the adoption of safety
standards and insurance coverage or proof of financial responsibility,
including, but not limited to, providing for the licensing of persons,
firms, or corporations using or doing business on such property or
facilities, and for license fees to cover the expense thereof;
(l) borrow money, make and issue notes, bonds, and other
evidences of indebtedness, including refunding and advanced
refunding notes and bonds, of the office; to secure the payment of the
obligations or any part by mortgage, lien, pledge, or deed of trust on
any of its property, contracts, franchises, or revenues, including the
proceeds of any refunding and advanced refunding notes, bonds, and
other evidences of indebtedness and the investments in which proceeds
are invested and the earnings on and income from the investments; to
invest its monies, including without limitation its revenues and
proceeds of the notes, bonds, or other evidences of indebtedness, in
obligations of, or obligations the principal of and interest on which are
guaranteed by or are fully secured by contracts with, the United States,
in obligations of any agency, instrumentality, or corporation which has
been or may at a later time be created by or pursuant to an act of the
United States Congress as an agency, instrumentality, or corporation,
in direct and general obligations of this State, and in certificates of
deposit issued by any bank, trust company, or national banking
association; to make agreements with the purchasers or holders of the
notes, bonds, or other evidences of indebtedness or with others in
connection with any notes, bonds, or other evidences of indebtedness,
whether issued or to be issued, as the office considers advisable; and
to provide for the security for the notes, bonds, or other evidences of
indebtedness and the rights of the holders of the notes, bonds, or other
evidences of indebtedness. In the exercise of the powers granted in
this section to issue advanced refunding notes, bonds, or other
evidences of indebtedness the department director may, but is not
required to, avail himself of or comply with any of the provisions of
Chapter 21 of Title 11. The department director, when investing in
certificates of deposit, shall invest in certificates of deposit issued by
institutions authorized to do business in this State if the institutions
offer terms which, in the opinion of the department director, are equal
to or better than those offered by other institutions;
(m) loan the proceeds of notes, bonds, or other evidences of
indebtedness to a person, corporation, or partnership to construct,
acquire, improve, or expand the projects described in Section
51-1-740;
(n) make contracts, including service contracts with a person,
corporation, or partnership, to provide the services provided in Section
51-1-740, and to execute all instruments necessary or convenient for
the carrying out of business
(o) for the acquiring of rights-of-way and property necessary for
the accomplishment of its duties and purposes, the office may
purchase them by negotiation or may condemn them, and should it
elect to exercise the right of eminent domain, condemnation actions
must be in the name of the office. The power of eminent domain
applies to all property of private persons or corporations and also to
property already devoted to public use in Abbeville and McCormick
counties;
(p) employ and dismiss those employees, consultants, and other
providers of services he considers necessary for the office and to fix
and to pay their compensation. Employees of the office or an entity
established pursuant to Section 51-1-890 are not considered state
employees except for eligibility for participation in the State
Retirement System and the State Health Insurance Group Plans and
pursuant to Chapter 78 of Title 15. The provisions of Chapter 11 of
Title 8 and Article 5, Chapter 17 of Title 8 do not apply to the office.
The office is responsible for complying with the other state and
federal laws covering employers. The office may contract with the
Division of Human Resources Management of the State Budget and
Control Board to establish a comprehensive human resource
management program;
(q) fix, alter, charge, and collect tolls, fees, rents, charges, and
assessments for the use of the facilities of or for the services rendered
by, the office; these rates must be at least sufficient to provide for
payment of all expenses of the office, the conservation, maintenance,
and operation of its facilities and properties, the payment of principal
and interest on its notes, bonds, and other evidences of indebtedness
or obligation, and to fulfill the terms and provisions of any agreements
made with the purchasers and holders of these notes, bonds, or other
evidences of indebtedness or obligation.
Section 51-1-730. The department director may exercise any of the
powers and duties conveyed under Section 51-1-720 in the entire area
of a county or portion of a county which borders the Savannah River
or is within the Savannah River Basin.
Section 51-1-740. In furtherance of its purposes, the office may
issue revenue bonds, the interest on which may or may not be
excludable from gross income for federal income tax purposes, for the
purpose of raising funds needed from time to time for the financing
or refinancing, in whole or in part, the acquisition, construction,
equipment, maintenance, and operation of a facility, building structure,
or any other matter or thing which the office is authorized to acquire,
construct, equip, maintain, or operate. In connection with the issuance
of bonds, the office may enter into an agreement with a company to
construct, operate, maintain, and improve a project, and the office may
enter into a financing agreement with the company prescribing the
terms and conditions of the payments to be made by the company to
the office, or its assignee, to meet the payments that become due on
bonds.
Section 51-1-750. Revenue bonds issued under this article for any
project described in Section 51-1-740 must be authorized by executive
order of the department director. The department director's executive
order may contain provisions which are a part of the contract between
the office and the several holders of the bonds as to:
(a) the custody, security, use, expenditure, or application of the
proceeds of the bonds;
(b) the acquisition, construction, and completion of any project for
which the bonds are issued;
(c) the use, regulation, operation, maintenance, insurance, or
disposition of the project for which the bonds are issued, or any
restrictions on the exercise of the powers of the office to dispose of
or limit or regulate the use of the project;
(d) the payment of the principal of or interest on the bonds and the
sources and methods of payment, the rank or priority of any bonds as
to any lien or security, or the acceleration of the maturity of any
bonds;
(e) the use and disposition of the revenues derived or to be derived
from the operation of any project;
(f) the pledging, setting aside, depositing, or entrusting of the
revenues from which the bonds are made payable to secure the
payment of the principal of and interest on the bonds or the payment
of expenses of operation and maintenance of the project;
(g) the setting aside of revenues, reserves, or sinking funds and the
source, custody, security, regulation, and disposition of the revenues,
reserves, or sinking funds;
(h) the determination of the definition of revenues or of the
expenses of operation and maintenance of the project for which the
bonds are issued;
(i) the rentals, fees, or other charges derived from the use of the
project and the fixing, establishing, collection, and enforcement of the
rentals, fees, or other charges, the amount or amounts of revenues to
be produced by the rentals, fees, or other charges, and the disposition
and application of the amounts charged or collected;
(j) limitations on the issuance of additional bonds or any other
obligations or the incurrence of indebtedness payable from the same
revenues from which the bonds are payable;
(k) rules to ensure the use of the project by the public or private
sector to the maximum extent to which the project is capable of
serving the public or private sector;
(l) any other matter or course of conduct which, by recital in the
resolution authorizing the bonds, is declared to further secure the
payment of the principal of or interest on the bonds.
Section 51-1-760. The bonds may be issued in one or more series,
may bear a date, may mature at a time not exceeding forty years from
their respective dates, may bear interest at the rate or rates per annum
as approved by the State Budget and Control Board, may be payable
in a medium of payment and at a place, may be in a denomination,
may be in a form, either coupon or registered, may carry registration
privileges, may be subject to terms of redemption before maturity,
with or without premium, and may contain terms, covenants, and
conditions as the executive order authorizing the issuance of the bonds
may provide. The interest rate on bonds issued by the office, the
proceeds of which are loaned to a company pursuant to a financing
agreement to construct or acquire a project authorized under Section
51-1-740, are not subject to approval by the State Budget and Control
Board. The bonds are fully negotiable within the meaning of and for
the purposes of the Uniform Commercial Code.
Section 51-1-770. The principal of and interest on bonds issued
under this article are exempt from taxation, as provided in Section
12-1-60. All security agreements, indentures, and financing
agreements made pursuant to the provisions of this article are exempt
from state stamp and transfer taxes.
Section 51-1-780. No bonds may be issued pursuant to the
provisions of this article until the proposal of the department director
to issue the bonds receives the approval of the State Budget and
Control Board. When the department director proposes to issue bonds,
he shall file a proposal with the Budget and Control Board setting
forth:
(a) a brief description of the project proposed to be undertaken
and its anticipated effect upon the economy of the area in which the
project is to be located;
(b) a reasonable estimate of the cost of the project;
(c) a general summary of the terms and conditions of any
financing agreement and security agreement. Upon the filing of the
proposal the Budget and Control Board shall, as soon as practicable,
make an independent investigation, as it considers necessary or
appropriate, and if it finds that the project is intended to promote the
purposes of this article, it may approve the project. At any time
following the approval, the office may proceed with the acquisition
and financing of the project. If the proceeds of the bonds are to be
made available to a company to construct a project, as provided in
Section 13-1-440, notice of the approval of any project by the Budget
and Control Board must be published at least once by the office in a
newspaper having general circulation in the county where the project
is to be located. Any interested party may, within twenty days after
the date of the publication of notice, but not after the twenty days,
challenge the validity of the approval in the court of common pleas in
the county where the project is to be located.
Section 51-1-790. The bonds must be signed in the name of the
department director by the manual or facsimile signature of the
department director. Interest coupons attached to the bonds must be
signed by the facsimile signature of the department director. The
bonds may be issued notwithstanding that the department director
signing them or whose facsimile signature appears on the bonds or the
coupons has ceased to hold office at the time of issue or at the time
of the delivery of the bonds to the purchaser.
Section 51-1-800. The bonds must be sold at public or private sale
upon terms and conditions as the State Budget and Control Board
considers advisable.
Section 51-1-810. The director shall file with the State Treasurer
within thirty days from the date of their issuance a complete
description of all obligations entered into by the office with the rates
of interest, maturity dates, annual payments, and all pertinent data.
Section 51-1-820. All provisions of an executive order authorizing
the issuance of the bonds in accordance with this article and any
covenants and agreements constitute legally binding contracts between
the office and the several holders of the bonds, regardless of the time
of issuance of the bonds, and are enforceable by any holder by
mandamus or other appropriate action, suit, or proceeding at law or in
equity in any court of competent jurisdiction.
Section 51-1-830. The bonds authorized by the article are limited
obligations of the office. The principal and interest are payable solely
out of the revenues derived by the office, including any revenues that
may be derived by the office pursuant to the financing agreement with
respect to the project which the bonds are issued to finance. The
bonds are an indebtedness payable solely from a revenue producing
source or from a special source which does not include revenues from
any tax or license. The bonds do not constitute nor give rise to a
pecuniary liability of the office, the department, the State, or any
political subdivision of the State, or to a charge against the general
credit of the office, the department, the State, or any political
subdivision of the State or taxing powers of the State, or any political
subdivision of the State, and this fact must be plainly stated on the
face of each bond. The principal of and interest on any bonds issued
under this article must be secured by a pledge of the revenues from
which the bonds are payable, may be secured by a security agreement,
including a mortgage or any property given as security pursuant to a
financing agreement, and may be additionally secured by a pledge of
the financing agreement with respect to the project. In making any
agreements or provisions, the office does not have the power to
obligate itself or the department with respect to any project for which
the proceeds of bonds issued under this article have been loaned to a
company, except with respect to the project and the application of the
revenues from the financing agreement, and does not have the power
to incur a pecuniary liability or a charge upon its general credit or
upon the general credit of the department. The trustee under any
security agreement or indenture, or any depository specified by the
security agreement or indenture, may be any person or corporation as
the office designates, notwithstanding that the trustee may be a
nonresident of this State or incorporated under the laws of the United
States or the laws of other states.
Section 51-1-840. All funds of the office must be invested by the
State Treasurer and, upon approval and designation by the State
Treasurer of a financial institution or institutions, all funds must be
deposited in such institutions by the office in accordance with policies
established by the department director. Funds of the office must be
paid out only upon warrants issued in accordance with policies
established by the department director. No warrants may be drawn or
issued disbursing any of the funds of the office except for a purpose
authorized by this article. The net earnings of the office, beyond that
necessary for retirement of its bonds or other obligations or to
implement the purposes of this article, may not inure to the benefit of
any person other than the office. Upon termination of the existence
of the office, title to all property, real and personal, owned by it,
including net earnings, vests in the State.
Section 51-1-850. The office shall retain unexpended funds at the
close of the fiscal year of the State regardless of the source of the
funds and expend the funds in subsequent fiscal years.
Section 51-1-860. (A) Prior to undertaking any project authorized
by Section 51-1-740, the department director shall make a
determination:
(1) that the project will serve the purposes of this article;
(2) that the project is anticipated to benefit the general public
welfare of the locality by providing services, employment, recreation,
or other public benefits not otherwise provided locally;
(3) that the project will give rise to no pecuniary liability of the
office, the department, the State, or any political subdivision of the
State, or charge against the general credit of the office, the
department, the State, or any political subdivision of the State, or
taxing power of the State or any political subdivision of the State if
the proceeds are loaned by the office to a company to construct a
project;
(4) as to the amount of bonds required to finance the project;
(5) as to the amount necessary in each year to pay the principal
of and the interest on the bonds proposed to be issued to finance the
project;
(6) as to the amount necessary to be paid each year into any
reserve funds which the department director may consider advisable
to establish in connection with the retirement of the proposed bonds
and the maintenance of the project. The determinations of the
department director must be set forth in the proceedings under which
the proposed bonds are to be issued.
(B) Every financing agreement between the office and a company
with respect to a project shall contain an agreement obligating the
company to complete the project if the proceeds of the bonds prove
insufficient, and obligating the company to pay an amount under the
terms of a financing agreement, which, upon the basis of the
determinations made by the department director, is sufficient:
(1) to pay the principal of and interest on the bonds issued to
finance the project;
(2) to build up and maintain any reserves considered by the
department director to be advisable in connection with the project;
(3) to pay the costs of maintaining the project in good repair
and keeping it properly insured, unless the financing agreement
obligates the company to pay for the maintenance and insurance of the
project.
Section 51-1-870. The proceeds from the sale of any bonds issued
under this article may be applied only for the purpose for which the
bonds were issued, except any premium and accrued interest received
in any sale must be applied to the payment of the principal of or the
interest on the bonds sold, and if for any reason any portion of the
proceeds are not needed for the purpose for which the bonds were
issued, that portion of the proceeds must be applied to the payment of
the principal of or the interest on the bonds. The cost of acquiring
any project includes the following:
(a) the actual cost of the construction of any part of a project,
including architects', engineers', and attorneys' fees;
(b) the purchase price of any part of a project that may be
acquired by purchase;
(c) all expenses in connection with the authorization, sale, and
issuance of the bonds to finance the acquisition;
(d) the interest on the bonds for a reasonable time prior to
construction and for not exceeding one year after completion of the
construction.
Section 51-1-880. The regulations of the office must be
promulgated in accordance with Chapter 23 of Title 1.
Section 51-1-890. The department director may establish profit or
not-for-profit corporations as he considers necessary to carry out the
purposes of this article. Officials or employees of the office may act
as officials or employees of the corporations created pursuant to this
section without additional compensation. A corporation created
pursuant to this section is considered a `public procurement unit' for
purposes of Article 19, Chapter 35 of Title 11. The office may make
grants or loans to, or make guarantees for, the benefit of a
not-for-profit corporation which the office has caused to be formed
whose articles of incorporation require that its directors be elected by
members of the office and all assets of which, upon dissolution, must
be distributed to the office if it is in existence or, if it is not in
existence, then to this State.
These grants, loans, or guarantees may be made upon a
determination by the office that the receiving not-for-profit corporation
is able to carry out the purposes of this article and on the terms and
conditions imposed by the office. A guarantee made by the office
does not create an obligation of the State or its political subdivisions
and is not a grant or loan of the credit of the State or a political
subdivision. A guarantee issued by the office must be a special
obligation of the office. Neither this State nor any political
subdivision is liable on a guarantee nor may they be payable out of
any funds other than those of the office and a guarantee issued by the
office must contain on its face a statement to that effect.
Section 51-1-900. The property of the office is not subject to any
taxes or assessments, but the office shall negotiate a payment in lieu
of taxes with the appropriate taxing authorities.
Section 51-1-910. There is hereby created an advisory board
to the Office of Savannah Valley Development to be composed of
seven members appointed by the department director from among
persons who are residing in the Savannah River Basin. Members of
the advisory board shall serve for terms of four years and until their
successors are appointed and qualify except of those first appointed
after January 1, 1995, one member shall serve for a term of one year,
two members shall serve a term of two years, two members shall serve
for a term of three years, and two members shall serve for a term of
four years. Vacancies shall be filled in the manner of the original
appointment for the unexpired portion of the term only.
Section 51-1-920. Notwithstanding any provision of law or
regulation, the office continues to be an `agency' for purposes of
Chapter 78 of Title 15; however, the office is not considered to be an
`agency' or `state agency' or any other form of state institution for
purposes of Sections 2-7-65 and 2-57-60."
SECTION 273. The first paragraph of Section 51-3-60 of the 1976
Code is amended to read:
"Any A South Carolina resident who is over
sixty-five years of age or disabled or legally blind as defined in
Section 43-25-20 of the 1976 Code may use any facility of a
state park except campsites, overnight lodging, and recreation
buildings without charge. Such These residents
also may also use campsite facilities at one-half of the
prescribed fee. A person exercising this privilege on the basis of age
shall present his medicare card or other card approved by the South
Carolina Commission Division on Aging in the Office
of the Governor to the employee of the State Department
of Parks, Recreation and Tourism who is in charge of the particular
state park, and a person who is disabled or legally blind shall present
to such the person in charge of the park a certificate
to that effect from a licensed doctor of medicine or an official of an
agency authorized by law to make determinations of disability or
blindness. The authorization for use of the facilities as provided by
this section shall is not be effective if it
conflicts with any federal law, rule, or regulation."
SECTION 274. Section 51-13-860 of the 1976 Code is amended
to read:
"Section 51-13-860. The State Budget and Control
Board may transfer to the authority an amount not to exceed six
million dollars from the funds made available to the South
Carolina Coordinating Council for Economic Development of
the Department of Commerce pursuant to Section 12-27-1270, for
the purpose of the authority participating in any court approved
settlement of the claims and litigation brought against the
authority, or its officers, employees, or agents
and arising from, related to, or connected with the development of a
hotel and marina complex upon the lands of the authority, and for
those other operating expenses necessary for the further development
of the authority. This transfer is considered a loan to the authority,
and it must be for a period not to exceed three years as determined by
the Budget and Control Board and must be free of interest for that
period."
SECTION 275. Section 53-3-100 of the 1976 Code is amended to
read:
"Section 53-3-100. A committee is created to choose and
honor the `South Carolina Family of the Year' which must be
recognized by the presentation of an appropriate award by the
Governor on Saturday of `Family Week in South Carolina'. The
committee is composed of one member appointed by the Governor and
one member appointed by the head of each of the following state
agencies: the Department of Parks, Recreation and Tourism, the
Department of Youth Services Juvenile Justice, the
South Carolina Commission Division on Aging of
the Office of the Governor, the Department of Social Services,
the Commission on Department of Alcohol and
Other Drug Abuse Services, and the Department of
Agriculture Clemson College Extension Service. The terms of the
members are for four years and until their successors are appointed
and qualify. The committee shall meet as soon after the appointment
of its members as practicable and organize by electing one of its
members as chairman, one as secretary, and such other officers
that it may determine. The expenses of the committee must be
paid by the Department of Parks, Recreation and Tourism from funds
appropriated for this purpose."
SECTION 276. Section 55-1-1 of the 1976 Code, as added by Act
181 of 1993, is amended to read:
"Section 55-1-1. There is created a Division of
State Aeronautics Administration as a division within
the Department of Commerce which shall be governed by the Director
of the Department of Commerce as provided in Chapter 1 of Title
13."
SECTION 277. Section 55-1-5 of the 1976 Code, as added by Act
181 of 1993, is amended to read:
"Section 55-1-5. For the purposes of Chapters 1 through 9
of Title 55, the following words and terms are defined as follows:
(1) `Division', unless otherwise indicated, means the Division
of State Aeronautics Administration of the
Department of Commerce.
(2) `Director', unless otherwise indicated, means the executive and
administrative head of the Department of Commerce or his designee.
(3) `Deputy Director or Designee' means the person or persons
appointed by the Director, serving at his will and pleasure as his
designee, to supervise and carry out the functions and duties of the
Division n of State Aeronautics
Administration as provided for by law."
SECTION 278. Section 55-5-50 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 55-5-50. The director shall employ a deputy
director of aeronautics who is or has been a commercial pilot with
instrument rating and such other employees as necessary for the
proper transaction of the division's business."
SECTION 279. Section 55-5-190 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 55-5-190. The division, its members and
employees and every county and municipal officer charged with the
enforcement of state and municipal laws shall enforce and assist in the
enforcement of this chapter. The division may also in the name of the
State enforce the provisions of this chapter by injunction in the circuit
courts of this State. Other departments and political subdivisions of
the State may also cooperate with the Division of State
Aeronautics Administration of the Department of Commerce
in the development of aeronautics and aeronautic facilities within the
State."
SECTION 280. Section 55-8-10(a) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(a) `Agency' means the Division of State
Aeronautics Administration of the Department of
Commerce."
SECTION 281. Section 55-11-10(5) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(5) Designate the Division of State
Aeronautics Administration of the Department of Commerce
as its agent, to accept, receive, receipt for and disburse federal or state
funds or other funds, public or private, made available for the
purposes of this section, as may be required or authorized by
law;"
SECTION 282. Section 55-15-10(f) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(f) The term "public authority" means the
Division of State Aeronautics Administration
of the Department of Commerce, a municipality, a county or other
political subdivision of this State, separately or jointly, authorized to
acquire land, air rights, safety markers, and lights as provided in
Chapter 9 of Title 55."
SECTION 283. Section 56-1-80 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-1-80. Every application for a driver's license or
permit must:
(1) be made upon the form furnished by the department;
(2) be accompanied by the proper fee, and acceptable proof of date
and place of birth;
(3) contain the full name, date of birth, sex, race, and residence
address of the applicant and briefly describe the applicant;
(4) state whether the applicant has been licensed as an operator or
chauffeur and, if so, when and by what state or country; and
(5) state whether any such license has ever been suspended or
revoked or whether an application has ever been refused and, if so, the
date of and reason for such suspension, revocation, or refusal.
Whenever application is received from a person previously licensed
in another state, the Department of Revenue and Taxation in
conjunction with the Department of Public Safety, shall
request a copy of the applicant's record from the other state. When
received, the record becomes a part of the driver's record in this State
with the same force and effect as though entered on the operator's
record in this State in the original instance. Every person who obtains
a driver's license for the first time in South Carolina, and every person
who renews his driver's license in South Carolina must be furnished
a written request form for completion and verification of liability
insurance coverage.
The completed and verified form or an affidavit prepared by the
department Department of Public Safety that neither
he, nor any resident relative, owns a motor vehicle subject to the
provisions of this chapter, must be returned to the department within
thirty days from the date the license is issued or renewed. Failure to
return the form or affidavit results in the suspension of the newly
issued or renewed driver's license until a properly executed form or
affidavit is returned to the department."
SECTION 284. Section 56-1-135 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 56-1-135. (A) Notwithstanding the provisions of
Section 56-1-130, a paid or volunteer firefighter of a lawfully and
regularly organized fire department designated to drive a firefighting
vehicle may have a special endorsement affixed to his driver's license
which authorizes him to drive this vehicle for the purpose of carrying
out the duties and responsibilities of a fire department and related
activities.
(B) Every political subdivision and unincorporated community
operating a lawfully and regularly organized fire department of this
State shall designate a law enforcement officer or the fire chief or his
designee as its safety officer. The safety officer shall meet the
qualifications set forth in the department Department of
Public Safety guidelines. However, he does not have to be a
full-time employee. A firefighter desiring to drive the vehicle referred
to in subsection (A) shall demonstrate his ability to exercise ordinary
and reasonable control in the operation of this vehicle to a safety
officer. The fire department, including volunteer fire departments,
shall submit to the department Department of Public
Safety a list of the persons designated to drive the vehicle.
(C) It is the responsibility of the agency or fire department who
operates the vehicle to keep the list of designated drivers current.
Changes in the list of drivers must be reported to the
department Department of Public Safety within thirty
days from the change."
SECTION 285. Section 56-1-221(A) of the 1976 Code is amended
to read:
"(A) There is created an advisory board composed of
thirteen members. One member must be selected by the
Commissioner Director of the Department of Health
and Environmental Control from his staff, ten members must be
appointed by the South Carolina Medical Association, and two
members must be appointed by the South Carolina Optometric
Association. The member selected by the Commissioner
Director of the Department of Health and Environmental
Control must be the administrative officer of the advisory board. To
the maximum extent possible, the members of the board appointed by
the South Carolina Medical Association and the South Carolina
Optometric Association must be representative of the disciplines of the
medical and optometric community treating the mental or physical
disabilities that may affect the safe operation of motor vehicles. The
identity of physicians and optometrists serving on the board, other
than the administrative officer, may must not be
disclosed except as necessary in proceedings under Sections 56-1-370
or 56-1-410. The members of the board may receive no
compensation."
SECTION 286. Section 56-1-221(B) of the 1976 Code is amended
to read:
"(B) The board shall advise the executive director of
the department Department of Public Safety on
medical criteria and vision standards relating to the licensing of
drivers."
SECTION 287. Section 56-1-225, as last amended by Act 181 of
1993, is further amended to read:
"Section 56-1-225. (a) Any person licensed to drive a
motor vehicle in this State who is involved as a driver in four
accidents in any twenty-four month period, which are reported to the
director Director of the Department of Public Safety,
may, in the discretion of the department Department of
Public Safety, be required to take any portion of the driver's
license examination deemed appropriate. Any person who has had
four such accidents and fails to submit to such test within thirty days
after having been notified by the department Department
of Public Safety shall have his driver's license suspended until he
takes and passes such test.
(b) The director Director of the Department of Public
Safety shall promulgate regulations to implement the provisions
of this section."
SECTION 288. Section 56-1-1320 of the 1976 Code is amended
to read:
"Section 56-1-1320. A person with a South Carolina driver's
license, a person who had a South Carolina driver's license at the time
of the offense referenced below, or a person exempted from the
licensing requirements by Section 56-1-30, who is or has been
convicted of a first offense violation of an ordinance of a municipality,
or law of this State, that prohibits a person from operating a vehicle
while under the influence of intoxicating liquor, drugs, or narcotics,
and whose license is not presently suspended for any other reason,
may apply to the motor vehicle division of the department
Department of Revenue to obtain a provisional driver's
license of a design to be determined by the department
Department of Public Safety to operate a motor vehicle. The
person shall enter an Alcohol and Drug Safety Action Program as
provided for in Section 56-1-1330, shall furnish proof of responsibility
as provided for in Section 56-1-1350, and shall pay to the
department Department of Revenue a fee of five
dollars for the provisional driver's license. The provisional driver's
license is not valid for more than six months from the date of issue
shown on the license. The determination of whether or not a
provisional driver's license may be issued pursuant to the provisions
of this article as well as reviews of cancellations or suspensions under
Sections 56-1-370 and 56-1-820 must be made by the Director of the
Department of Public Safety or his designee."
SECTION 289. Section 56-1-1330 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 56-1-1330. The provisional driver's license
provision must include a mandatory requirement that the applicant
enter an Alcohol and Drug Safety Action Program certified by the
South Carolina Commission on Alcohol and Drug Abuse
Department of Alcohol and Other Drug Abuse Services and
be assessed to determine the extent and nature of an alcohol and drug
abuse problem, if any, and successfully complete treatment or
education services recommended by the program. The applicant shall
bear the cost of the services which must be determined by the
administering agency and approved by the South Carolina
Commission on Alcohol and Drug Abuse Department of
Alcohol and Other Drug Abuse Services. The cost may not
exceed seventy-five dollars for assessment, one hundred twenty-five
dollars for education services, two hundred twenty-five dollars for
treatment services, and three hundred dollars in total for any and all
services. The commission shall recommend subsequent cost changes
on an annual basis subject to the approval of the General Assembly.
If the applicant fails to complete successfully the services as directed
by the Department of Public Safety, the South Carolina
Commission on Alcohol and Drug Abuse Department of
Alcohol and Other Drug Abuse Services shall notify the
Department of Public Safety, and the provisional driver's license
issued by the department must be revoked, and the suspension
imposed for the full periods specified in Section 56-5-2990, the
suspension to begin on date of notification to the individual."
SECTION 290. Section 56-1-2100(D) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(D) Within ten days after issuing a commercial driver
license, the department Department of Public Safety
must notify the Commercial Driver License Information System of
that fact, providing all information required to insure
ensure identification of the person."
SECTION 291. Section 56-3-1010(3) of the 1976 Code, as added
by Section 90, Part II, Act 164 of 1993, is amended to read:
"(3) `Department' means the South Carolina Department of
Highways and Public Transportation Revenue."
SECTION 292. Section 56-5-2950(d) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(d) If a person under arrest refuses, upon the request of a law
enforcement officer, to submit to chemical tests as provided in
subsection (a) of this section, none may be given, but the department,
on the basis of a report of the law enforcement officer that the arrested
person was operating a motor vehicle in this State while under the
influence of alcohol, drugs, or a combination of them and that the
person had refused to submit to the tests shall suspend his license or
permit to drive, or any nonresident operating privilege for a period of
ninety days. If the person is a resident without a license or permit to
operate a motor vehicle in this State, the department shall deny to the
person the issuance of a license or permit for a period of ninety days
after the date of the alleged violation. The ninety-day period of
suspension begins with the day after the date of the notice required to
be given, unless a hearing is requested as provided, in which case the
ninety-day period begins with the day after the date of the order
sustaining the suspension or denial of issuance. The report of the
arresting officer must include what grounds he had for believing that
the arrested person had been operating a motor vehicle in this State
while under the influence of alcohol, drugs, or a combination of them.
If the arrested person took the chemical breath test but refused to
provide a blood or urine sample, the report of the arresting officer
must include what were his grounds for believing that the arrested
person was under the influence of drugs other than alcohol. If a
person who refuses, upon the request of a law enforcement officer, to
submit to chemical tests as provided in subsection (a) of this section,
pleads guilty or nolo contendere to, or forfeits bond for a first offense
violation of Section 56-5-2930, within thirty days of arrest, the period
of the suspension of driving privileges under this section must be
canceled and any suspension of driving privileges under Section
56-5-2990 for a first conviction may not exceed six
months."
SECTION 293. Section 56-5-2990 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 56-5-2990. (A) The department shall
suspend the driver's license of any a person who is
convicted, receives sentence upon a plea of guilty or of nolo
contendere, or forfeits bail posted for the violation of Section
56-5-2930 or for the violation of any other law or ordinance of this
State or of any a municipality of this State that
prohibits any a person from operating a motor vehicle
while under the influence of intoxicating liquor, drugs, or narcotics for
six months for the first conviction, plea of guilty or of nolo
contendere, or forfeiture of bail, one year for the second conviction,
plea of guilty or of nolo contendere, or forfeiture of bail, two years
for the third offense, three years for the fourth offense, and a
permanent revocation of the driver's license for fifth and subsequent
offenses. Only those violations which occurred within ten years
including and immediately preceding the date of the last violation
shall constitute constitutes prior violations within the
meaning of this section. Any A person whose license
is revoked following conviction for a fifth offense as provided in this
section is forever barred from being issued any a
license by the Department of Revenue and Taxation to operate
a motor vehicle.
(B) Any A person whose license is
suspended under the provisions of this section must be notified of
suspension by the department of the requirement to be evaluated by
and successfully complete an Alcohol and Drug Safety Action
Program certified by the South Carolina Commission on Alcohol
and Drug Abuse Department of Alcohol and Other Drug
Abuse Services prior to before reinstatement of
the license. An assessment of the degree and kind of alcohol and drug
abuse problem, if any, of the applicant must be prepared and a plan
of education or treatment, or both, must be developed
based upon the assessment. Entry into and successful completion of
the services, if such the services are necessary,
recommended in the plan of education or treatment, or
both, developed for the applicant is a mandatory requirement
of the restoration of driving privileges to the applicant. The applicant
shall bear the cost of the services to be determined by the
administering agency and approved by the Commission on Alcohol
and Drug Abuse Department of Alcohol and Other Drug
Abuse Services. The cost may not exceed seventy-five dollars for
assessment, one hundred twenty-five dollars for education services,
two hundred twenty-five dollars for treatment services, and three
hundred dollars in total for any and all services. No applicant may be
denied services due to an inability to pay. The applicant shall
must be terminated from the Alcohol and Drug Safety Action
Program no later than six months after the date of program
enrollment. If the applicant has not successfully completed the
services as directed by the Alcohol and Drug Safety Action Program
by the end of the six-month period of enrollment, a hearing must be
provided by the administering agency and if further needed by the
Commission on Alcohol and Drug Abuse Department of
Alcohol and Other Drug Abuse Services. If the applicant is
unsuccessful in the Alcohol and Drug Safety Action Program the
department may restore the privilege to operate a motor vehicle upon
the recommendation of the Medical Advisory Board as utilized by the
department if it determines public safety and welfare of the petitioner
may not be endangered.
(C) The department and the Commission on Alcohol
and Drug Abuse Department of Alcohol and Other Drug
Abuse Services shall develop procedures necessary for the
communication of information pertaining to relicensing or otherwise.
Such These procedures must be consistent with the
confidentiality laws of the State and the United States. Successful
completion of education, treatment services, or both, for purposes of
receiving a provisional driver's license as stipulated in Section
56-1-1330 may be substituted in lieu of services received under the
authority of this section at the discretion of the applicant. If the
driver's license of any a person is suspended by
authority of this section, no insurance company may refuse to issue
insurance to cover the remaining members of his family, but the
insurance company is not liable for any actions of the person whose
license has been suspended or who has voluntarily turned his license
in to the department or the Department of Revenue and
Taxation."
SECTION 294. The first paragraph of Section 56-5-4160(E), as
last amended by Act 181 of 1993, is further amended to read:
"(E) Magistrates have jurisdiction of violations of this
section. All monies collected pursuant to Section 56-5-4160 must be
forwarded to the department by the magistrate within forty-five days
for deposit in the state general fund account established in
subsection (H). The department shall use these monies to
establish and maintain an automated data base to collect, manage, and
retain information required on the uniform size and weight citation,
purchasing portable scales, upgrading and refurbishing existing weigh
stations, including adequate night lighting for enforcement activities,
and any other safety measures that the department considers necessary.
The fine may be deposited with the arresting officer or a person the
department may designate. The fine must be deposited in full or other
arrangements satisfactory to the department for payment must be made
before the operator is allowed to move the vehicle. If there is no
conviction, the fine must be returned to the owner promptly."
SECTION 295. Section 56-5-4185 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 56-5-4185. Notwithstanding Section 56-5-4030 or
any other provision of this chapter, the Department of Revenue and
Taxation shall issue, under terms and conditions that are
which the Department of Public Safety and the Department of
Transportation determine to be in the public interest for safety on
the highways, permit for the use on the public highways of cotton
modular vehicles. The permit must be issued annually and it allows
movement on the highways at any time. For the purposes of this
section, `cotton modular vehicle' is defined as a single motor vehicle
used only to transport seed cotton modules, cotton, or equipment used
in the transporting or processing of cotton. This cotton modular
vehicle must not exceed a width of one hundred seven inches and
must not exceed a length of fifty feet extreme overall dimensions and
inclusive of front and rear bumpers and load. To be valid, the permit
must be carried on the vehicle, and it is unlawful for a person to
violate any provision, term, or condition of the permit. The fee for
the permit is fifty dollars and authorizes the use of only one properly
described cotton modular vehicle. Loaded cotton modular vehicles
may not be operated on interstate highways.
A person violating (1) the provisions of this section, (2) any
provision, term, or condition of the permit, or (3) any regulation
promulgated pursuant to the authority of this section is guilty of a
misdemeanor and, upon conviction, must be fined an amount not
exceeding two hundred dollars or imprisoned for a term not exceeding
thirty days."
SECTION 296. Section 56-5-5810(f) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(f) `Director' means the Director of the Department of
Revenue and Taxation Public Safety."
SECTION 297. Section 56-10-240 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 56-10-240. If, during the period for which it is
licensed, a motor vehicle is or becomes an uninsured motor vehicle,
then the vehicle owner immediately shall obtain insurance on the
vehicle or within five days after the effective date of cancellation or
expiration of his liability insurance policy surrender the motor vehicle
license plates and registration certificates issued for the motor vehicle.
If five working days after the last day to pay an automobile liability
insurance premium, whether it is the premium due date or a grace
period that is granted customarily or contractually a motor vehicle is
an uninsured motor vehicle, the insurer shall give written notice, or
notice by magnetic or electronic media in a manner considered
satisfactory to the department Department of Public
Safety, within ten days after the five-day period ends, in addition
to that notice previously given in accordance with law, by delivery
under United States Post Office bulk certified mail, return receipt
requested, to the department Department of Public
Safety of the cancellation or refusal to renew under the following
circumstances:
(1) the lapse or termination of such the insurance
or security occurs within three months of issuance provided
that. However, this subsection only applies to new
policies, and not renewal or replacement policies; or
(2) the lapse or termination occurs after three months for a resident
who fails one or more of the objective standards prescribed in Section
38-73-455.
The Department of Revenue and Taxation Public
Safety, in its discretion, may authorize insurers to utilize
alternative methods of providing notice of cancellation of or refusal to
renew to the department Department of Public Safety.
The Department of Revenue may not reissue registration
certificates and license plates for that vehicle until satisfactory
evidence has been filed by the owner or by the insurer who gave the
cancellation or refusal to renew notice to the department
Department of Public Safety that the vehicle is insured. Upon
receiving information to the effect that a policy is canceled or
otherwise terminated on a motor vehicle registered in South Carolina,
the department Department of Public Safety shall
suspend the license plates and registration certificate and shall initiate
action as required within fifteen days of the notice of cancellation to
pick up the license plates and registration certificate. A person who
has had his license plates and registration certificate suspended by the
department Department of Public Safety, but who at
the time of suspension possesses liability insurance coverage sufficient
to meet the financial responsibility requirements as set forth in this
chapter, has the right to appeal the suspension immediately to the
Director Chief Insurance Commissioner of the
Department of Insurance. If the Director Chief Insurance
Commissioner of the Department of Insurance determines that the
person has sufficient liability insurance coverage, he shall notify the
Department of Revenue and Taxation Department of Public
Safety, and the suspension is voided immediately. The
Department of Revenue and Taxation Department of Public
Safety shall give notice by first class mail of the cancellation or
suspension of registration privileges to the vehicle owner at his last
known address. However, when license plates are surrendered
pursuant to this section, they must be forwarded to the Department of
Revenue and Taxation office in the county where the person
who surrenders the plates resides.
If the vehicle owner unlawfully refuses to surrender the suspended
items as required in this article, the department
Department of Public Safety through its designated
agents or by request to a county or municipal law enforcement agency
may take possession of the suspended license plates and registration
certificate and may not reissue the registration until proper proof of
liability insurance coverage is provided and until the owner has paid
a reinstatement fee of two hundred dollars for the first refusal under
this section, and three hundred dollars for each subsequent refusal. A
person who voluntarily surrenders his license plates and registration
certificate before their suspension shall only must be
charged only a reinstatement fee of five dollars.
A person wilfully failing to return his motor vehicle license plates
and registration certificates as required in this section is guilty of a
misdemeanor and, upon conviction, must be punished as follows:
(1) for a first offense, fined not less than one hundred
dollars nor more than two hundred dollars or imprisoned
for thirty days;
(2) for a second offense, fined two hundred dollars or imprisoned
for thirty days, or both;
(3) for a third and subsequent offense, imprisoned for not
less than forty-five days nor more than six months.
Only convictions which occurred within ten years including and
immediately preceding the date of the last conviction constitute prior
convictions within the meaning of this section."
SECTION 298. Section 57-1-140 of the 1976 Code, as last
amended by Section 1, Part V, Act 449 of 1992, is further amended
to read:
"Section 57-1-140. Before building new or expanding
existing primary highways, roads, and streets, the South Carolina
Department of Highways and Public Transportation shall
consider and make a written determination whether it is financially
and physically feasible to include:
(1) high occupancy vehicle lanes, when the construction or
expansion is in a metropolitan area;
(2) pedestrian walkways or sidewalks; and
(3) bicycle lanes or paths.
A copy of this determination must be submitted to the State Energy
Office."
SECTION 299. Section 57-3-610 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 57-3-610. Whenever a road, bridge, or other
highway facility is dedicated and named in honor of an individual by
act or resolution of the General Assembly, the Department of
Transportation must be reimbursed all expenses incurred by the
department to implement the dedication.
Reimbursement for expenses incurred by the department must first
be approved by a majority of each county legislative delegation
the county transportation committee of the county in which
the road, bridge, or facility is located. Reimbursement must be from
the State Secondary `C' Apportionment Fund of the county or counties
in which the road, bridge, or facility is located, and expenses under
this section are limited to five hundred dollars.
Reimbursement for expenses incurred by the department to name
and dedicate a highway facility pursuant to a request from other than
the General Assembly must be by agreement between the requesting
entity and the department."
SECTION 300. Section 57-5-1335 of the 1976 Code is amended
to read:
"Section 57-5-1335. The Department of Highways and
Public Transportation, before constructing a bridge or replacing an
existing bridge which qualifies as a turnpike facility as defined in
Section 57-5-1320, shall conduct the feasibility study required by
Section 57-5-1330 and shall forward copies of the study to the
Chairman of the Transportation and Finance Committees of the Senate
and the Education and Public Works and Ways and Means
Committees of the House of Representatives within fifteen days of the
completion of the study."
SECTION 301. Section 57-5-1340 of the 1976 Code is amended
to read:
"Section 57-5-1340. In addition to the powers listed above,
the Department of Highways and Public Transportation may:
(1) request the issuance of turnpike bonds for the purpose of
paying all or any part of the cost of any one or more turnpike
projects;
(2) fix, and revise, from time to time
and charge, and collect tolls for transit over each turnpike
facility constructed by it;
(3) combine, for the purposes of financing the facilities, any two
or more turnpike facilities;
(4) control access to turnpike facilities;
(5) expend, to the extent permitted by a bond resolution,
expend turnpike facility or facilities revenues in advertising the
facilities and services of the turnpike facility or facilities to the
traveling public;
(6) receive and accept from any federal agency grants for or in the
aid of the construction of any turnpike facility;
(7) establish a separate division to administer turnpike facilities
and a separate turnpike facility account;
(8) do all acts and things necessary or convenient to carry out the
powers expressly granted in this article."
SECTION 302. Section 57-25-150(H) of the 1976 Code, as added
by Section 106, Part II, Act 164 of 1993, is amended to read:
"(H) National Historic Landmark Section 501 (C)3 properties
located along South Carolina highways are allowed to erect small
directional signs no more frequently than one a mile within six miles
of such properties.
The signs shall must state the name of the historic
property and mileage and comprise no more than twenty letters
measuring no more than fifteen inches by thirty-six inches and painted
using a single color or a neutral background.
The South Carolina Department of Highways and Public
Transportation shall issue a permit sticker for each sign for an annual
fee of fifteen dollars a sign. The department is also is
authorized to issue regulations as are necessary to implement
the permit process and the conditions and restrictions for the proper
placement, height, and design as necessary to for the
efficient administration of this subsection. The department has no
responsibility for erecting these permitted signs."
SECTION 303. Section 57-25-470 of the 1976 Code is amended
to read:
"Section 57-25-470. (A) The Department of Highways
and Public Transportation may acquire by purchase, gift, or
condemnation, and shall pay just compensation upon the
removal of the following outdoor advertising signs, displays, and
devices:
(1) those lawfully in existence on October 22, 1965;
(2) those lawfully erected on or after May 6, 1969.
(B) Compensation may be paid only for the following:
(1) the taking from the owner of a sign, display, or device of all
right, title, leasehold, and interest in the sign, display, or device; and
(2) the taking from the owner of the real property on which the
sign, display, or device is located, of the right to erect and maintain
signs, displays, and devices."
SECTION 304. Section 57-25-680 of the 1976 Code is amended
to read:
"Section 57-25-680. (A) The Department of Highways
and Public Transportation may acquire by purchase, gift, or
condemnation, and shall pay just compensation upon the
removal of the following outdoor advertising signs, displays, and
devices:
(1) those lawfully in existence on October 22, 1965;
(2) those lawfully erected on or after June 11, 1969.
(B) Compensation may be paid only for the following:
(1) the taking from the owner of the sign, display, or device of
all right, title, leasehold, and interest in the sign, display, or device;
and
(2) the taking from the owner of the real property on which the
sign, display, or device is located, of the right to erect and maintain
signs, displays, and devices."
SECTION 305. Section 57-27-70 of the 1976 Code is amended to
read:
"Section 57-27-70. When the Department of Highways
and Public Transportation determines that the topography of the
land adjoining the highway does not permit adequate screening of a
junkyard or the screening of the junkyard would not be economically
feasible, the department may acquire by gift, purchase, exchange, or
condemnation, such the interests in lands necessary to
secure the relocation, removal, or disposal of the junkyards,
and to pay for the costs of relocation, removal, or disposal. When the
department determines that it is in the best interest of the
State, it may acquire lands, or interests in lands, necessary to
provide adequate screening of junkyards. The department may
exercise the power of eminent domain whenever it is necessary, in the
judgment of the department, to acquire lands, or interests
therein in the land, by condemnation."
SECTION 306. Article 3, Chapter 3, Title 58 of the 1976 Code is
amended to read:
"Article 3
Law Enforcement Department of Motor
Carrier
Laws by Department of Public Safety
Section 58-3-310. The law enforcement department
Department of Public Safety of the Public Service
Commission shall consist of such appoint officers,
inspectors, and troopers and agents as the
commission may deem necessary and proper for the enforcement
of the Motor Vehicle Carrier Law and other related laws, the
enforcement of which is devolved upon the department
Department of Public Safety, State Police Division. The
title of such officers, inspectors and agents shall be `Transportation
Division Inspectors'. The inspectors shall be commissioned by the
Governor upon the recommendation of the commission. The
commission may remove an inspector if it finds that he is unfit for the
position.
Section 58-3-320. Each inspector shall execute a bond with a
licensed surety company in the amount of not less than ten thousand
dollars. The bond shall be filed with the commission and shall be
conditioned for the faithful performance of his duties, for the prompt
and proper accounting of funds coming into his hands and for the
payment of any judgment rendered against him in any court of
competent jurisdiction upon a cause of action arising out of breach or
abuse of official duty or power and damages sustained by any member
of the public from any unlawful act of the inspector. The coverage
under the bond shall not include damage to persons or property arising
out of the negligent operation of a motor vehicle. The bond may be
individual, schedule or blanket, and shall be approved by the Attorney
General. The premiums on the bonds shall be paid by the commission
from appropriated funds.
Section 58-3-330. Before entering upon the duties of his office,
each inspector shall take and subscribe before a notary public, or other
officer authorized to administer an oath, an oath to faithfully perform
the duties of his office and to properly execute the laws of this
State.
Section 58-3-340. The inspectors shall possess and exercise all
of the powers and authority held by constables at common law.
Section 58-3-350. When acting in their official capacity,
inspectors shall have statewide authority for the enforcement of all
motor vehicle carrier laws and related laws.
Section 58-3-360. Inspectors, officers, and troopers shall
enforce the Motor Vehicle Carrier Law, and related laws and
insure ensure that all persons violating any provision
of these laws are properly prosecuted.
Section 58-3-370. When any a person is
apprehended by an inspector, an officer, or a trooper upon a
charge of violating the Motor Vehicle Carrier Law or related laws, the
following procedure provided in Section 23-6-150
shall must be followed:.
(1) The person being charged shall be served by the arresting
inspector with an official summons and arrest report. The report shall
give the appropriate judicial officer jurisdiction to dispose of the case.
(2) The person being charged may deposit with the arresting
inspector a sum of money not to exceed one hundred dollars as bail
in lieu of being immediately brought before the magistrate or other
judicial officer; provided, that an official summons and arrest report
may be issued without requiring any sum of money as bail.
(3) The official summons and arrest report shall indicate the amount
of bail deposited with the inspector and shall serve as a receipt for the
sum.
(4) The arresting inspector shall transmit any sum of money
received from the person charged to the appropriate magistrate or
other judicial officer.
(5) Upon receipt of the sum of money, if any is required, as bail,
the arresting inspector may release the person charged so that he may
appear before the proper judicial officer at a time and place stated in,
and required by, the official summons and arrest report."
SECTION 307. Section 59-36-20 of the 1976 Code, as added by
Act 86 of 1993, is amended to read:
"Section 59-36-20. The State Board of Education and the
State Department of Education are responsible for establishing a
comprehensive system of special education and related services and for
ensuring that the requirements of the Federal Individuals with
Disabilities Education Act are carried out. Other state agencies which
provide services for children with disabilities are directed to cooperate
in the establishment and support of the system. Agencies with
responsibilities under this chapter include: the Department of
Mental Retardation Disabilities and Special Needs, the
School for the Deaf and the Blind, the Commission for the Blind, the
Department of Health and Environmental Control, the Department of
Mental Health, the State Department of Social Services, Continuum of
Care Division in the Office of the Governor, and the State
Department of Education.
All public education programs for children with disabilities within
the State, including all programs administered by any other state or
local agency, are under the general supervision of the persons
responsible for education programs for children with disabilities in the
State Department of Education and must meet the standards of the
State Board of Education.
No provision of this section or of this chapter may be construed to
limit the responsibilities of agencies other than the Department of
Education from providing or paying for some or all of the cost of
services to be provided the state's children with disabilities and the
level of service must, at a minimum, must be similar
to that provided individuals with similar needs. If agencies are unable
to agree on responsibilities for a particular child, the issue must be
decided by the Children's Case Resolution System, Section 20-7-5210,
et seq."
SECTION 308. The next to the last paragraph of Section 59-53-20
of the 1976 Code is amended to read:
"The State Board for Technical and Comprehensive Education
shall have the responsibility for developing and maintaining short and
long-range plans for providing up-to-date and appropriate occupational
and technical training for adults and shall coordinate its planning
activities with the Economic Development Coordinating
Council for Economic Development of the Department of
Commerce, the State Council on Vocational-Technical Education,
the Commission on Higher Education, the State Department of
Education, the Employment Security Commission, and other state
agencies, institutions, and departments."
SECTION 309. Section 59-63-31(1)(b) of the 1976 Code, as added
by Act 163 of 1991, is amended to read:
"(b) a foster parent or in a residential community-based care
facility licensed by the Department of Social Services or operated by
the Department of Social Services or the Department of Youth
Services Juvenile Justice; or"
SECTION 310. Section 59-65-30(f) of the 1976 Code, as last
amended by Act 165 of 1993, is further amended to read:
"(f) A child who has reached the age of sixteen years and
whose further attendance in school, vocational school, or available
special classes is determined by a court of competent jurisdiction to be
disruptive to the educational program of the school, unproductive of
further learning, or not in the best interest of the child, and who is
authorized by the court to enter into suitable gainful employment
under the supervision of the court until age seventeen is attained.
However, prior to before being exempted from the
provisions of this article, the court first may first
require that the child concerned be examined physically and tested
mentally to assist the court to determine whether or not gainful
employment would be more suitable for the child than continued
attendance in school. The examination and testing must be conducted
by the Department of Youth Services Juvenile Justice
or by any a local agency which the court determines
to be appropriate. The court shall revoke the exemption provided in
this item upon a finding that the child fails to continue in his
employment until reaching the age of seventeen years."
SECTION 311. The first paragraph of Section 59-67-535 of the
1976 Code is amended to read:
"Boats operated by the State Department of Education for
transportation of school children from islands to mainland schools
also may also be used to transport, on a space
available basis only, any a South Carolina resident
who is over fifty-five years of age or disabled or legally blind as
defined in Section 43-25-20 of the 1976 Code. A person
requesting boat transportation shall present his medicare card or other
card approved by the South Carolina Commission
Division on Aging of the Office of the Governor to
the employee of the State Department of Education who is in charge
of the particular boat, and a person who is disabled or legally blind
shall present to such the person in charge of the boat
a certificate to that effect from a licensed doctor of medicine or an
official of an agency authorized by law to make determinations of
disability or blindness."
SECTION 312. Section 59-111-20 of the 1976 Code, as last
amended by Act 151 of 1993, is further amended to read:
"Section 59-111-20. (A) A child of a wartime veteran, upon
application to and approval by the South Carolina Department of
Veterans Office of the Governor, Division of Veterans'
Affairs, may be admitted to any state-supported college, university, or
post high school technical education institution free of tuition so long
as his work and conduct is satisfactory to the governing body of the
institution, if the veteran was a resident of this State at the time of
entry into service and during service or has been a resident of this
State for at least one year and still resides in this State or, if the
veteran is deceased, resided in this State for one year before his
death, and provided if the veteran served
honorably in a branch of the military service of the United States
during a war period, as those periods are defined by Section 101 of
Title 38 of the United States Code and:
(1) was killed in action;
(2) died from other causes while in the service;
(3) died of disease or disability resulting from service;
(4) was a prisoner of war as defined by Congress or Presidential
proclamation during such the war period;
(5) is permanently and totally disabled, as determined by the
Veterans Administration from any cause;
(6) has been awarded the Congressional Medal of Honor;
(7) is missing in action; or
(8) the applicant is the child of a deceased veteran who qualified
under items (4) and (5).
(B) The provisions of this section apply to a child of a veteran who
meets the residency requirements of Chapter 112 of this title, is
twenty-six years of age or younger, and is pursuing any type of
undergraduate degree."
SECTION 313. Sections 61-1-120 and 61-1-125(C)of the 1976
Code, as added by Act 112 of 1993, are amended to read:
"Section 61-1-120. A person desiring a license or permit
under this title shall file with the commission
department an application in writing on forms provided by the
commission department containing a statement under
oath setting forth:
(1) the name, address, date of birth, race, and nationality of the
person applying for the license or permit;
(2) the exact location where the business is proposed to be
operated;
(3) a description of the type of business to be operated;
(4) whether the applicant or an owner of the business has been
involved in the sale of alcoholic liquors, beer, or wine in this or
another state and whether he has had a license or permit suspended or
revoked;
(5) other information required by the commission
department to determine if the application meets all statutory
requirements for the license or permit and to determine the true
owners of the business seeking the license or permit.
Section 61-1-125.(C) No license or permit may be issued by the
commission department to a person under twenty-one
years of age."
SECTION 314. Section 61-3-425 of the 1976 Code, as added by
Act 164 of 1993, is amended to read:
"Section 61-3-425. No license under this title may
be issued, renewed, or transferred under this title
unless the applicant for a license or a renewal or a transfer of a
license presents submits to the commission a
signed statement from the South Carolina Tax Commission
Department of Revenue and from the Internal Revenue
Service showing the applicant does not owe the state or federal
government delinquent taxes, penalties, or interest."
SECTION 315. Section 61-5-320 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 61-5-320. Prior to Before the use
of the revenue described in Section 61-5-310, the governing body of
each county shall:
(a) designate a single existing county agency or organization,
either public or private, as the sole agency in the county for alcohol
and drug abuse planning for programs funded by revenues allocated
pursuant to Article 1 of this chapter or create a new agency for that
purpose;
(b) develop a county plan in accordance with the state plan for
alcohol abuse and alcoholism and the state plan for drug abuse
required by Public Laws 91-616 and 92-255 for the prevention and
control of alcohol and drug abuse and obtain written approval of
such the plan by the South Carolina Commission
on Alcoholism and the Commissioner of Narcotics and Controlled
Substances Department of Alcohol and Other Drug Abuse
Services. Such The written approval shall
must be granted by the South Carolina Commission on
Alcoholism and by the Commissioner of Narcotics and Controlled
Substances Department of Alcohol and Other Drug Abuse
Services if reasonable. In the event If approval is
denied, an appeal may be taken to the Governor shall
lie. Such The appeal shall must
state fully state the reasons why it is made.
Should If the Governor deem
considers nonapproval of the plan by the South Carolina
Commission on Alcoholism and the Commissioner of Narcotics and
Controlled Substances Department of Alcohol and Other Drug
Abuse Services to be unreasonable, he shall communicate his
reasons to the Commission on Alcoholism and the Commissioner
of Narcotics and Controlled Substances Department of Alcohol
and Other Drug Abuse Services and require them
it to reexamine such the plan in light of his
objections. Following such the reexamination, no
further appeal shall lie may be taken."
SECTION 316. Section 61-5-360 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 61-5-360. Each county governing body shall:
(a) establish such methods of administration as are
necessary for the proper and efficient operation of the programs and
services or projects, including the provision of annual reports of
progress toward implementing county plans to the South Carolina
Commission on Alcohol and Drug Abuse Department of
Alcohol and Other Drug Abuse Services;
(b) provide for such accounting procedures as may
be necessary to assure proper disbursement of and accounting for
such the funds, including an annual audit of fiscal
records, a copy of which shall must be furnished to
the South Carolina Commission on Alcohol and Drug Abuse
Department of Alcohol and Other Drug Abuse
Services."
SECTION 317. Section 61-9-35 of the 1976 Code, as added by
Act 112 of 1993, is amended to read:
"Section 61-9-35. A holder of a beer permit or a beer and
wine permit may not purchase beer or wine, or both, on credit by a
dishonored check, an unpaid note or invoice, or other insufficient
manner from a permitted beer and wine wholesaler. However, no
action may be taken against the holder for his first violation of this
section. If a holder commits a second or subsequent violation, his
retail dealer's permit may be suspended, canceled, or revoked by the
Alcoholic Beverage Control Commission Department of
Revenue or a monetary penalty of not more than twenty-five
dollars may be assessed against him."
SECTION 318. Section 61-13-590 of the 1976 Code is amended
to read:
"Section 61-13-590. No liquors so sold shall
may be delivered within a period of five days after
such the sale, during which time the Tax
Commission department may, in its discretion,
may reject any a bid and order the liquors
resold until a satisfactory bid is had made. But
However, if confiscated liquors are offered for sale,
after advertisement, as herein provided in this chapter,
on two different dates and no bids are made thereon, the
liquors shall must be destroyed by the proper
officers."
SECTION 319. Section 1613 of Act 181 of 1993 is amended to read:
"SECTION 1613. (A) Where the provisions of this act
transfer particular state agencies, departments, boards, commissions,
committees or entities, or sections, divisions or portions thereof
(transferring departments), to another state agency, department,
division or entity or make them a part of another department or
division (receiving departments), the employees, the personnel
records of employees who are transferred, authorized
appropriations, bonded indebtedness if applicable, and real and
personal property of the transferring department are also transferred
to and become part of the receiving department or division unless
otherwise specifically provided. All classified or unclassified
personnel of the affected agency, department, board, commission,
committee, entity, section, division or position employed by these
transferring departments on the effective date of this act, either by
contract or by employment at will, shall become employees of the
receiving department or division, with the same compensation,
classification, and grade level, as applicable. The Budget and Control
Board shall cause all necessary actions to be taken to accomplish this
transfer and shall in consultation with the agency head of the
transferring and receiving agencies prescribe the manner in which the
transfer provided for in this section shall be accomplished. The
boards' action in facilitating the provisions of this section are
ministerial in nature and shall not be construed as an approval process
over any of the transfers.
(B) Where an agency, department, entity or official is transferred
to or consolidated with another agency, department, division, entity or
official, regulations promulgated by that transferred agency,
department, entity or official under the authority of former provisions
of law pertaining to it are continued and are considered to be
promulgated under the authority of present provisions of law
pertaining to it.
(C) References to the names of agencies, departments, entities or
public officials changed by this act, to their duties or functions herein
devolved upon other agencies, departments, entities or officials, or to
provisions of law consolidated with or transferred to other parts of the
1976 Code are considered to be and must be construed to mean
appropriate references.
(D) Employees or personnel of agencies, departments, entities or
public officials, or sections, divisions or portions thereof, transferred
to or made a part of another agency, department, division, or official
pursuant to the terms of this act shall continue to occupy the same
office locations and facilities which they now occupy unless or until
otherwise changed by appropriate action and authorization. The rent
and physical plant operating costs of these offices and facilities, if any,
shall continue to be paid by the transferring agency, department, entity
or official formerly employing these personnel until otherwise
provided by the General Assembly. The records and files of the
agencies which formerly employed these personnel shall continue to
remain the property of these transferring agencies, except that these
personnel shall have complete access to these records and files in the
performance of their duties as new employees of the receiving agency.
The personnel record of an employee who is transferred shall
become the property of the receiving agency to which the employee
has been transferred.
(E) Unless otherwise provided herein or by law, all fines, fees,
forfeitures, or revenues imposed or levied by agencies, personnel, or
portions thereof, so transferred to other agencies or departments must
continue to be used and expended for those purposes provided prior
to the effective date of this act. If a portion of these fines, fees,
forfeitures, or revenues were required to be used for the support,
benefit, or expense of personnel transferred, such funds must continue
to be used for these purposes.
(F) The Budget and Control Board, in consultation with the
appropriate standing committees of the General Assembly as
designated by the President Pro Tempore of the Senate and the
Speaker of the House of Representatives and the other affected
agencies, shall prescribe the manner in which the provisions of
subsections (A), (D), and (E) must be implemented where agreement
between the affected agencies cannot be obtained.
(G) The Budget and Control Board shall provide for a consolidated
employee employment application process to be used by all state
agencies or departments including those affected by the provisions of
this act. This consolidated employment application process for state
government shall be implemented on January 1, 1994.
(H) Where the functions of former agencies have been devolved on
more than one department or departmental division, the general
support services of the former agency must be transferred to the
restructured departments or departmental divisions as provided by the
General Assembly in the annual general appropriations act.
(I) The membership of the Legislative Council shall cause the
changes to the 1976 Code as contained in this act to be printed in
replacement volumes or in cumulative supplements as they consider
practical and economical.
(J) On or before January 15, 1994, the Code Commissioner shall
prepare and deliver a report to the Speaker of the House of
Representatives and the President Pro Tempore of the Senate of all
Code references and cross-references which he considers in need of
correction or modification insofar as the 1976 Code has been affected
by this act."
SECTION 320. Section 1618 of Act 181 of 1993 is amended to
read:
"SECTION 1618. (A) Article 1 of Chapter 1 of Title 13,
Chapter 1 of Title 55, Chapter 1 of Title 61, Chapter 3 of Title 43,
Chapter 3 of Title 61, Article 5 of Chapter 1 of Title 31, Chapter 5 of
Title 55, Chapter 5 of Title 61, Article 7 of Chapter 1 of Title 31,
Chapter 7 of Title 61, Chapter 9 of Title 55, Chapter 9 of Title 61,
Chapter 11 of Title 25, and Sections 1-3-210, 1-3-220, 1-3-240,
1-3-250, 1-15-10, 1-20-50(c), 1-20-50(B)(5), 1-23-120(G)(3),
1-23-310, 1-23-320, 1-25-60(A), 2-7-71, 2-7-105, 2-13-190, 2-13-240,
2-15-61, 2-17-15, 2-19-30, 2-19-70, 2-67-10, 2-67-30, 4-9-155,
4-10-25, 4-10-60, 4-10-80, 4-10-90, 4-29-67, 5-3-90, 5-3-110,
5-3-300, 5-7-110, 5-27-510, 7-13-710, 8-1-80, 8-1-100, 8-11-10,
8-11-945, 8-13-910, 8-17-370, 8-21-310(20)(A), 8-21-770(B),
8-21-780, 8-21-790, 9-1-60, 9-11-180, 10-7-10, 10-11-80, 11-9-820,
11-9-825, 11-11-10, 11-17-10(a), 11-35-45(B), 11-35-710,
11-35-1520(12), 11-35-5230(B)(4), 11-35-5250(2), 11-35-5270,
12-2-10, 12-4-10, 12-4-30, 12-4-335, 12-4-350, 12-4-370, 12-7-455,
12-7-460, 12-7-1220, 12-7-1250, 12-7-1590, 12-7-2010, 12-7-2230,
12-7-2590, 12-7-2610, 12-9-130, 12-9-310, 12-9-420, 12-9-630,
12-9-860, 12-13-70, 12-16-1110, 12-19-20, 12-19-60, 12-19-100,
12-21-100, 12-21-320, 12-21-470, 12-21-660, 12-21-780, 12-21-820,
12-21-1060, 12-21-1110, 12-21-1320, 12-21-1540, 12-21-1550,
12-21-1570, 12-21-1580, 12-21-1590, 12-21-1610, 12-21-1840,
12-21-2420, 12-21-2719, 12-21-2720, 12-21-2726, 12-21-3320,
12-21-3441, 12-21-3590, 12-21-3600, 12-23-815, 12-23-820,
12-23-830, 12-27-270, 12-27-380, 12-27-390, 12-27-405, 12-27-430,
12-27-1210, 12-27-1220, 12-27-1230, 12-27-1240, 12-27-1250,
12-27-1260, 12-27-1290, 12-27-1320, 12-27-1510, 12-29-20,
12-29-110, 12-29-150, 12-31-20, 12-31-50, 12-31-210, 12-31-230,
12-31-240, 12-31-250, 12-31-260, 12-31-270, 12-31-280, 12-31-420,
12-31-610, 12-31-620, 12-31-640, 12-33-70, 12-33-420, 12-33-480,
12-33-485, 12-33-620, 12-33-630, 12-35-560, 12-36-1370,
12-36-1710, 12-36-2120, 12-36-2660, 12-37-220, 12-37-380,
12-37-970, 12-37-975, 12-37-1120, 12-37-1130, 12-37-1410,
12-37-1420, 12-37-1610, 12-37-2110, 12-37-2410, 12-37-2650,
12-37-2660, 12-37-2670, 12-37-2680, 12-37-2700, 12-37-2725,
12-37-2727, 12-39-180, 12-43-210, 12-43-220, 12-43-280, 12-43-300,
12-43-305, 12-43-320, 12-43-335, 12-45-70, 12-47-10, 12-47-60,
12-49-90, 12-49-271, 12-49-290, 12-51-135, 12-53-10, 12-53-210,
12-53-220, 12-54-10, 12-54-230, 12-54-240, 12-54-250, 12-54-260,
12-54-420, 12-54-430, 12-54-720, 13-7-20, 13-7-70(4), 13-7-160,
13-11-80, 13-19-160, 14-7-130, 14-23-1140, 15-9-210(b), 15-9-350,
15-9-360, 15-9-370, 15-9-380, 15-9-390, 15-9-410, 16-3-1110,
16-3-1120, 16-11-340, 19-5-30, 20-7-121, 20-7-128, 20-7-410,
20-7-600, 20-7-630, 20-7-655(B), 20-7-770, 20-7-780, 20-7-1330,
20-7-1490, 20-7-1645, 20-7-2095, 20-7-2115, 20-7-2125, 20-7-2155,
20-7-2170, 20-7-2175, 20-7-2180, 20-7-2185, 20-7-2190, 20-7-2195,
20-7-2200, 20-7-2203, 20-7-2205, 20-7-2260, 20-7-2310, 20-7-2379,
20-7-2700, 20-7-2760, 20-7-2830, 20-7-2880, 20-7-2930, 20-7-2940,
20-7-3050, 20-7-3100, 20-7-3110, 20-7-3120, 20-7-3130, 20-7-3170,
20-7-3180, 20-7-3190, 20-7-3200, 20-7-3210, 20-7-3230, 20-7-3235,
20-7-3240, 20-7-3270, 20-7-3280, 20-7-3300, 20-7-3310, 20-7-3350,
20-7-3360, 20-7-5420, 20-7-5610, 20-7-5630, 20-7-5660, 20-7-5670,
22-1-30, 23-3-10, 23-3-20, 23-3-160, 23-25-20, 23-25-40, 23-31-140,
23-33-20, 23-35-70, 23-41-30(f), 23-41-30(c), 24-1-40, 24-1-90,
24-1-100, 24-1-110, 24-1-120, 24-1-130, 24-1-140, 24-1-145,
24-1-150, 24-1-160, 24-1-170, 24-1-200, 24-1-210, 24-1-220,
24-1-230, 24-1-250, 24-1-260, 24-1-270, 24-3-20, 24-3-30, 24-3-40,
24-3-60, 24-3-70, 24-3-80, 24-3-90, 24-3-110, 24-3-130(A), 24-3-131,
24-3-140, 24-3-150, 24-3-160, 24-3-170, 24-3-180, 24-3-190,
24-3-200, 24-3-210, 24-3-315, 24-3-320, 24-3-330, 24-3-340,
24-3-360, 24-3-380, 24-3-390, 24-3-400, 24-3-410(C), 24-3-510,
24-3-520, 24-3-530, 24-3-540, 24-3-550, 24-3-710, 24-3-720,
24-3-730, 24-3-740, 24-3-750, 24-3-760, 24-3-920, 24-3-950,
24-3-960, 24-7-90, 24-9-10, 24-9-20, 24-9-30, 24-11-30,
24-13-210(c), 24-13-230(A), 24-13-270, 24-13-640, 24-13-710,
24-13-940, 24-13-1310(3), 24-13-1320, 24-13-1330(B) and (C),
24-13-1340(B), 24-13-1520(1) and (2), 24-13-1590, 24-19-10(C),
24-19-20, 24-19-30, 24-19-40, 24-19-60, 24-19-80, 24-19-90,
24-19-100, 24-19-110, 24-19-160, 24-21-10, 24-21-11, 24-21-12,
24-21-13, 24-21-60, 24-21-70, 24-21-220, 24-21-221, 24-21-230,
24-21-250, 24-21-260, 24-21-280, 24-21-290, 24-21-485, 24-21-620,
24-21-645, 24-21-650, 24-21-930, 24-22-20(a), 24-22-160, 24-23-40,
24-23-110, 24-23-115, 24-23-220, 24-25-40, 24-25-50, 24-25-70,
27-18-20(1), 30-4-40(a)(10), 31-1-30, 31-1-120, 31-1-140, 31-1-150,
31-1-160, 31-1-200, 31-1-210, 31-1-220, 31-3-20(1), 31-3-340,
31-3-370, 31-3-390, 31-3-750, 31-17-340, 31-17-360, 31-17-370,
31-17-510(g), 33-1-210, 33-14-200, 33-14-220(a), 33-14-400,
33-15-300(a)(1) and (b), 33-15-310(c), 33-15-330(A)(4),
33-16-101(e)(7), 33-31-60, 33-37-250(10), 36-9-307, 36-9-319,
38-1-10, 38-77-113, 38-77-1120(a), 39-9-230, 39-15-170, 39-41-40,
39-43-160, 39-57-20, 41-41-40, 41-44-60, 41-44-80, 42-1-490,
42-1-500, 42-7-10, 42-7-20, 42-7-30, 42-7-40, 42-7-70, 42-7-75,
42-7-90, 42-7-200, 42-7-310, 43-1-10, 43-1-50, 43-1-60, 43-1-70,
43-1-170, 43-1-190, 43-1-200, 43-1-210, 43-5-10, 43-5-75, 43-5-120,
43-5-150, 43-5-170, 43-5-220, 43-5-550(f), 43-5-550(h)(5), 43-5-620,
43-21-10, 43-21-20, 43-21-40, 43-21-50, 43-21-60, 43-21-70,
43-21-80, 43-21-100, 43-21-120, 43-21-130, 43-21-150, 43-21-160,
43-21-170, 43-21-180, 44-9-20, 44-9-30, 44-9-40, 44-9-50, 44-9-60,
44-9-160, 44-15-60, 44-15-80, 44-20-10, 44-20-20, 44-20-30,
44-20-210, 44-20-220, 44-20-230, 44-20-240, 44-20-250, 44-20-260,
44-20-270, 44-20-280, 44-20-290, 44-20-300, 44-20-310, 44-20-320,
44-20-330, 44-20-340, 44-20-350, 44-20-360, 44-20-370, 44-20-375,
44-20-378, 44-20-380, 44-20-385, 44-20-390, 44-20-400, 44-20-410,
44-20-420, 44-20-430, 44-20-440, 44-20-450, 44-20-460, 44-20-470,
44-20-480, 44-20-490, 44-20-500, 44-20-510, 44-20-710, 44-20-720,
44-20-730, 44-20-740, 44-20-750, 44-20-760, 44-20-770, 44-20-780,
44-20-790, 44-20-800, 44-20-900, 44-20-1000, 44-20-1110,
44-20-1120, 44-20-1130, 44-20-1140, 44-20-1150, 44-20-1160,
44-20-1170, 44-22-10, 44-22-50, 44-22-100, 44-22-110, 44-23-10,
44-23-210, 44-23-220, 44-23-410, 44-25-30, 44-26-10, 44-26-70,
44-26-80, 44-26-120, 44-26-170, 44-28-20, 44-28-40, 44-28-60,
44-28-80, 44-28-360, 44-28-370, 44-36-20, 44-38-30, 44-38-310,
44-38-320, 44-38-330, 44-38-340, 44-38-350, 44-38-360, 44-38-370,
44-38-380, 44-38-390, 44-43-30, 44-43-50, 44-43-70, 44-49-10,
44-49-20, 44-49-30, 44-49-40, 44-49-50, 44-49-60, 44-49-70,
44-49-80, 44-52-10, 44-53-710, 44-53-740, 44-63-110, 44-96-60,
44-96-120, 44-96-140, 44-96-160, 44-96-170(L) and (M), 44-96-180,
44-96-200, 44-96-220, 44-107-80, 46-13-60(2)(c), 48-30-30(A)(5),
48-30-50, 48-30-70, 48-30-80, 48-47-175(B), 49-29-210, Article 1,
Chapter 1, Title 51, 51-11-10, 51-11-15, 51-11-20, 51-11-30,
51-11-40, 51-11-50, 51-11-60, 51-19-10, 55-8-10(a), 55-8-50(a)(2),
55-8-170, 55-11-10(5), 55-11-520, 55-15-10(f), 56-1-10, 56-1-80,
56-1-90, 56-1-135, 56-1-145, 56-1-220, 56-1-225, 56-1-270, 56-1-280,
56-1-290, 56-1-300, 56-1-310, 56-1-320, 56-1-330, 56-1-340,
56-1-350, 56-1-360, 56-1-365, 56-1-370, 56-1-380, 56-1-390,
56-1-400, 56-1-410, 56-1-420, 56-1-460, 56-1-463, 56-1-475,
56-1-510, 56-1-520, 56-1-530, 56-1-540, 56-1-550, 56-1-630,
56-1-740, 56-1-745, 56-1-746, 56-1-770, 56-1-790, 56-1-800,
56-1-810, 56-1-820, 56-1-830, 56-1-840, 56-1-850, 56-1-1020,
56-1-1030, 56-1-1090, 56-1-1100, 56-1-1120, 56-1-1130, 56-1-1320,
56-1-1330, 56-1-1340, 56-1-1730, 56-1-1760, 56-1-2050, 56-1-2100,
56-1-2110, 56-1-2130, 56-1-2140, 56-1-3350, 56-1-3360, 56-1-3370,
56-1-3380, 56-1-3390, 56-1-3400, 56-3-20, 56-3-115, 56-3-250,
56-3-255, 56-3-360, 56-3-650, 56-3-790, 56-3-860, 56-3-910,
56-3-1150, 56-3-1160, 56-3-1330, 56-3-1340, 56-3-1710, 56-3-1750,
56-3-1850, 56-3-1910, 56-3-1950, 56-3-1960, 56-3-1971, 56-3-1972,
56-3-1973, 56-3-1974, 56-3-2010, 56-3-2020, 56-3-2060, 56-3-2150,
56-3-2210, 56-3-2230, 56-3-2250, 56-3-2320, 56-3-2600, 56-3-2710,
56-3-2810, 56-3-3310, 56-3-3710, 56-3-4310, 56-3-4910, 56-3-5920,
56-5-60, 56-5-370, 56-5-910, 56-5-920, 56-5-930, 56-5-935,
56-5-1520, 56-5-1530, 56-5-1540, 56-5-1560, 56-5-1570, 56-5-1890,
56-5-1910, 56-5-1980, 56-5-2120, 56-5-2330, 56-5-2540, 56-5-2550,
56-5-2585, 56-5-2715, 56-5-2730, 56-5-2945, 56-5-2950, 56-5-2990,
56-5-3660, 56-5-3670, 56-5-3680, 56-5-3690, 56-5-3750, 56-5-3880,
56-5-4040, 56-5-4060, 56-5-4070, 56-5-4075, 56-5-4095, 56-5-4140,
56-5-4145, 56-5-4150, 56-5-4160(E), 56-5-4170, 56-5-4175,
56-5-4180, 56-5-4185, 56-5-4190, 56-5-4200, 56-5-4205, 56-5-4210,
56-5-4220, 56-5-4720, 56-5-4840, 56-5-4880, 56-5-4940,
56-5-5010, 56-5-5320, 56-5-5330, 56-5-5340, 56-5-5350, 56-5-5360,
56-5-5400, 56-5-5410, 56-5-5420, 56-5-5430, 56-5-5670, 56-5-5810,
56-5-5830, 56-5-5850, 56-5-5860, 56-5-5870, 56-5-6140, 56-7-10,
56-7-20, 56-7-30, 56-7-50, 56-9-20, 56-10-10, 56-10-20, 56-10-40,
56-10-45, 56-10-210, 56-10-220, 56-10-240, 56-10-245, 56-10-280,
56-10-290, 56-15-10, 56-15-50, 56-15-320, 56-16-10, 56-16-20,
56-16-110, 56-16-150, 56-19-10, 56-19-80, 56-19-390, 56-19-425,
56-23-10, 56-23-40, 56-23-70, 56-23-85, 56-25-10, 56-27-10,
56-29-20, 56-29-50, 56-31-50, 57-1-10, 57-1-20, 57-1-30, 57-1-40,
57-1-45, 57-1-50, 57-1-60, 57-1-70, 57-1-80, 57-1-90, 57-1-100,
57-1-110, 57-1-140, 57-3-10, 57-3-20, 57-3-30, 57-3-35, 57-3-40,
57-3-50, 57-3-610, 57-3-620, 57-3-630, 57-3-640, 57-3-650, 57-3-660,
57-3-670, 57-3-680, 57-3-690, 57-3-700, 57-3-710, 57-3-720,
57-3-730, 57-3-750, 57-3-760, 57-3-770, 57-5-10, 57-5-20, 57-5-30,
57-5-40, 57-5-50, 57-5-60, 57-5-70, 57-5-80, 57-5-90, 57-5-100,
57-5-110, 57-5-120, 57-5-130, 57-5-140, 57-5-150, 57-5-160,
57-5-170, 57-5-180, 57-5-190, 57-5-310, 57-5-320, 57-5-330,
57-5-340, 57-5-350, 57-5-370, 57-5-380, 57-5-540, 57-5-550,
57-5-570, 57-5-580, 57-5-590, 57-5-600, 57-5-710, 57-5-720,
57-5-760, 57-5-1010, 57-5-1320, 57-5-1350, 57-5-1450, 57-5-1610,
57-5-1620, 57-5-1630, 57-5-1660, 57-11-210, 57-11-220, 57-11-240,
57-11-250, 57-11-270, 57-11-280, 57-11-290, 57-11-300, 57-11-320,
57-11-330, 57-11-340, 57-11-360, 57-11-370, 57-11-380, 57-11-390,
57-13-10, 57-13-40, 57-13-130, 57-15-140, 57-23-10, 57-23-20,
57-23-110, 57-23-120, 57-23-210, 57-23-220, 57-23-300, 57-23-310,
57-23-350, 57-23-360, 57-23-400, 57-23-410, 57-23-420, 57-23-500,
57-23-510, 57-23-520, 57-23-600, 57-23-610, 57-23-620, 57-23-700,
57-23-710, 57-23-720, 57-25-110, 57-25-120, 57-25-130, 57-25-140,
57-25-150, 57-25-155, 57-25-160, 57-25-170, 57-25-180, 57-25-185,
57-25-190, 57-25-195, 57-25-200, 57-25-210, 57-25-220, 57-25-430,
57-25-440, 57-25-460, 57-25-480, 57-25-490, 57-25-640, 57-25-650,
57-25-670, 57-25-690, 57-25-700, 57-27-20, 57-27-90, 58-1-30,
58-1-40, 58-3-20, 58-3-24, 58-3-100, 58-12-130, 58-15-1625,
58-15-1650, 58-15-1680, 58-15-1910, 58-15-1920, 58-15-1930,
58-15-1940, 58-15-1950, 58-15-2120, 58-15-2130, 58-17-1450,
58-23-1220, 58-25-80, 58-27-690, 58-35-50, 59-20-20(3), 59-53-10,
59-53-420(14), 59-54-40, 59-67-20, 59-67-260, 59-67-540, 59-67-570,
59-117-90, 59-137-50(B), 61-13-295, 61-13-410, 61-13-470,
61-13-500, 61-13-510, 61-13-540, 61-13-570, 61-13-620, 61-13-630,
61-13-750, 61-13-810, 61-13-835, 61-13-836, 61-13-875, 61-13-885,
62-3-203, 62-3-301, 62-3-704, 62-3-706, 62-3-1002, and 62-5-105, as
amended by this act, are effective July 1, 1993.
(B) Chapter 28 of Title 40, Chapter 65 of Title 40, and Sections
6-9-60, 10-5-230, 10-5-240, 10-5-270, 10-5-300, 10-5-320, 10-9-320,
10-11-50, 23-9-10, 23-9-60, 23-9-65, 23-9-70, 23-9-155,
23-9-210, 23-10-10, 23-35-140, 23-36-160, 23-43-20, 23-43-70,
23-43-110, 23-43-140, 40-1-140, 40-1-310, 40-1-350, 40-3-40,
40-3-120, 40-3-135, 40-3-140, 40-6-40, 40-6-45, 40-6-180, 40-6-220,
40-7-60, 40-7-270, 40-9-30, 40-9-31, 40-9-36, 40-9-95, 40-11-40,
40-11-60, 40-11-90, 40-11-150, 40-11-180, 40-11-190, 40-11-300,
40-11-320, 40-11-350, 40-13-60, 40-13-80, 40-13-260, 40-13-300,
40-15-40, 40-15-50, 40-15-185, 40-15-200, 40-15-210, 40-15-215,
40-15-370, 40-15-380, 40-19-10, 40-19-70, 40-19-80, 40-19-160,
40-19-170, 40-22-150, 40-22-420, 40-22-440, 40-23-40, 40-23-127,
40-29-20, 40-29-50, 40-29-100, 40-29-110, 40-29-160, 40-29-210,
40-33-250, 40-33-931, 40-33-960, 40-35-70, 40-35-135, 40-36-160,
40-37-50, 40-37-230, 40-38-60, 40-38-230, 40-43-135, 40-43-260,
40-43-410, 40-45-260, 40-47-170, 40-47-200, 40-47-210, 40-47-570,
40-47-630, 40-47-660, 40-51-160, 40-55-140, 40-55-160, 40-56-10,
40-56-20, 40-57-170, 40-57-220, 40-59-50, 40-59-60, 40-59-90,
40-59-95, 40-59-130, 40-60-160, 40-60-170, 40-60-210, 40-61-40,
40-61-110, 40-63-10, 40-63-30, 40-63-120, 40-67-100, 40-67-170,
40-69-70, 40-69-150, 40-69-210, 40-69-420, 40-75-40, 40-75-180,
40-77-100, 40-77-110, 40-77-320, 41-1-10, 41-3-10, 41-3-30, 41-3-40,
41-3-50, 41-3-55, 41-3-60, 41-3-70, 41-3-80, 41-3-100, 41-3-110,
41-3-120, 41-3-130, 41-3-140, 41-3-510, 41-3-520, 41-3-530,
41-3-540, 41-15-600, 41-15-610, 41-15-620, 41-18-90, 48-27-70,
48-27-200, 52-7-15, 52-7-20, and 52-7-30, as amended by this act, are
effective February 1, 1994.
(C) Sections 23-9-150, 23-9-170, 23-9-180, 23-36-80, 23-43-180,
and 54-15-320, as amended by this act, are effective March 1, 1994.
(D) SECTION 344 is effective October 1, 1993.
(E) Chapter 3 of Title 50, Chapter 4 of Title 49, Article 5 of
Chapter 9 of Title 48, Chapter 5 of Title 49, Chapter 5 of Title 50,
Chapter 6 of Title 49, Article 7 of Chapter 9 of Title 48, Chapter 7 of
Title 50, Article 9 of Chapter 9 of Title 48, Chapter 9 of Title 50,
Chapter 11 of Title 50, Chapter 11 of Title 49, Chapter 13 of Title 50,
Chapter 15 of Title 50, Chapter 16 of Title 50, Chapter 17 of
Title 50, Chapter 18 of Title 48, Chapter 19 of Title 50, Chapter 20
of Title 50, Chapter 21 of Title 50, Chapter 21 of Title 49, Chapter 23
of Title 49, Chapter 23 of Title 50, Chapter 25 of Title 49, Chapter 25
of Title 50, Chapter 29 of Title 49, Chapter 39 of Title 48, Chapter 43
of Title 48, and Sections 1-1-110, 1-23-110, 1-23-115, 1-23-130,
1-23-160, 1-23-380, 2-22-20, 3-3-210, 3-5-40, 3-5-50, 3-5-60, 3-5-80,
3-5-100, 3-5-120, 3-5-130, 3-5-140, 3-5-150, 3-5-160, 3-5-170,
3-5-190, 3-5-320, 3-5-330, 3-5-340, 3-5-360, 11-37-200(A),
12-7-1225, 12-7-2415, 15-9-415, 16-23-20(1), 16-27-60, 16-27-80,
23-23-30, 23-28-120, 27-31-100(f), 40-23-20, 44-1-50, 44-1-100,
44-3-110, 44-3-150, 44-29-210, 44-30-10, 44-30-20,
44-40-30, 44-53-620, 44-53-630, 44-53-640, 44-53-650, 44-53-660,
44-53-1320, 44-53-1340, 44-53-1360, 44-53-1380, 44-53-1390,
44-53-1430, 44-53-1440, 44-53-1450, 44-53-1470, 44-55-20,
44-55-40, 44-55-45, 44-55-60, 44-55-2320, 44-55-2360, 44-56-20,
44-56-50, 44-56-130, 44-56-840, 44-61-70, 44-63-30, 44-65-80,
44-67-30, 44-67-50, 44-85-30, 44-85-50, 44-93-20, 44-93-50,
44-93-130, 44-96-170(O)(8), 44-96-250, 44-96-280, 46-13-150,
46-51-20, 47-3-310, 47-3-320, 47-3-420, 47-3-510, 47-3-550,
48-1-85(C), 48-1-110, 48-9-30(3), 48-9-40, 48-9-260, 48-9-270,
48-9-280, 48-9-290, 48-9-300, 48-9-310, 48-9-320, 48-9-1210,
48-9-1230, 48-9-1320, 48-9-1810, 48-9-1820, 48-9-1840, 48-9-1850,
48-11-10, 48-11-15, 48-11-90, 48-11-100, 48-11-185(D),
48-11-190(C), 48-11-210(D), Items (1)(4) and (6) of 48-14-20,
48-14-40(F), 48-14-50, 48-14-60, 48-14-70, 48-14-80, 48-14-85,
48-14-90, 48-14-110, 48-14-120, 48-14-130A(7), 48-14-140,
48-14-160, 48-14-170, 48-20-30, 48-20-40(3), 48-20-210, 48-20-270,
48-20-280, 48-45-40, 48-45-80, 48-55-10, 49-1-15, 49-27-10,
49-27-70, 49-27-80, 50-1-10, 50-1-20, 50-1-30, 50-1-40, 50-1-60,
50-1-70, 50-1-80, 50-1-85, 50-1-90, 50-1-95, 50-1-100, 50-1-110,
50-1-120, 50-1-125, 50-1-130, 50-1-135, 50-1-136, 50-1-137,
50-1-140, 50-1-150, 50-1-160, 50-1-170, 50-1-180, 50-1-190,
50-1-200, 50-1-210, 50-1-220, 50-1-230, 50-1-240, 50-1-250,
50-1-260, 50-1-270, 50-18-10(5), 51-3-145, 51-3-160, 51-15-540,
57-5-870 and 58-3-140 58-33-140 as amended by this
act, are effective July 1, 1994.
(F) Sections 44-1-20, 44-1-40, and 48-20-110, as amended by this
act, are effective February 1, 1995.
(G) Article 1, Chapter 27, Title 38, Article Articles
1 and 3, Chapter 79, Title 38, Chapter 3, Title 38, Article 3,
Chapter 27, Title 38, Chapter 5, Title 38, Article 5, Chapter 37, Title
38, Article 5 of Chapter 75 of Title 38, Chapter 7 of Title 38,
Chapter 9 of Title 38, Article 9 of Chapter 77 of Title 38, Chapter 11
of Title 38, Chapter 13 of Title 38, Article 13 of Chapter 37 of Title
38, Chapter 26 of Title 38, Chapter 29 of Title 38, Chapter 31 of Title
38, Chapter 33 of Title 38, Chapter 39 of Title 38, Chapter 41 of Title
38, Chapter 45 of Title 38, Chapter 47 of Title 38, Chapter 61 of Title
38, Chapter 73 of Title 38, Chapter 81 of Title 38, Chapter 83 of Title
38, Chapter 89 of Title 38, and Sections 2-7-73(A), 2-23-10,
8-13-740(A)(2)(c), 8-13-740(A)(6)(c), 12-23-310, 15-9-270,
15-9-280(c), 15-9-280(a), 15-9-280(d), 15-9-310, 17-13-80,
20-7-2640, 23-9-90, 33-37-460(3)(b), 33-39-460(3)(b), 34-29-160,
37-6-605, 38-1-20, 38-2-10, 38-15-10, 38-15-20, 38-15-30, 38-15-50,
38-17-30, 38-17-50, 38-17-60, 38-17-70, 38-17-90, 38-17-120,
38-17-140, 38-17-150, 38-17-170, 38-19-40, 38-19-50, 38-19-440,
38-19-470, 38-19-480, 38-19-490, 38-19-610, 38-19-640, 38-19-650,
38-19-825, 38-21-10(2), 38-21-20(11), 38-21-30(3), 38-21-50,
38-21-60, 38-21-70, 38-21-90, 38-21-100, 38-21-110, 38-21-120,
38-21-125, 38-21-130, 38-21-140, 38-21-160, 38-21-170, 38-21-190,
38-21-200, 38-21-210, 38-21-220, 38-21-240, 38-21-250, 38-21-260,
38-21-270, 38-21-280, 38-21-290, 38-21-300, 38-21-310, 38-21-320,
38-21-330, 38-21-340, 38-21-350, 38-21-370, 38-23-20, 38-23-40,
38-23-50, 38-23-70, 38-23-80, 38-23-100, 38-25-10, 38-25-110,
38-25-160, 38-25-310, 38-25-510, 38- 25-520, 38-25-540, 38-25-550,
38-25-570, 38-27-310, 38-27-320, 38-27-330(a), 38-27-350,
38-27-360, 38-27-370, 38-27-390, 38-27-400, 38-27-410,
38-27-500(e), 38-27-520, 38-27-640, 38-27-660, 38-27-670,
38-27-680, 38-27-910(a), 38-27-920, 38-27-930(b), 38-27-940(a),
38-27-950, 38-35-10, 38-35-40, 38-35-50, 38-37-60, 38-37-220,
38-37-230, 38-37-240, 38-37-250, 38-37-260, 38-37-300, 38-37-710,
38-37-720, 38-37-900, 38-37-910, 38-37-920, 38-37-1310,
38-37-1360, 38-43-20, 38-43-30, 38-43-40, 38-43-70, 38-43-100,
38-43-105, 38-43-106, 38-43-110, 38-43-130, 38-43-230, 38-43-250,
38-43-260, 38-44-30, 38-44-40(4), 38-44-50, 38-44-70, 38-44-80,
38-46-20(10)(c), 38-46-30, 38-46-60, 38-46-70, 38-46-90, 38-46-100,
38-46-110, 38-46-120, 38-49-20, 38-51-20, 38-51-30, 38-51-60,
38-53-10(11), 38-53-20, 38-53-80, 38-53-90, 38-53-100, 38-53-110,
38-53-130, 38-53-140, 38-53-150, 38-53-160, 38-53-170(f),
38-53-200, 38-53-210, 38-53-220, 38-53-230, 38-53-310, 38-53-320,
38-55-20, 38-55-40, 38-55-60, 38-55-80, 38-55-120, 38-55-140,
38-55-180, 38-57-150(2), 38-57-200, 38-57-210, 38-57-220,
38-57-230, 38-57-240, 38-57-250, 38-57-260, 38-57-270, 38-57-280,
38-57-290, 38-57-300, 38-57-310, 38-59-30, 38-63-220(n),
38-63-250(a), 38-63-520, 38-63-580, 38-63-590, 38-63-600(8) and
(11), 38-63-610, 38-63-650, 38-65-60, 38-65-210, 38-67-10(c),(d), and
(f), 38-67-30, 38-67-40, 38-69-120(11), 38-69-230, 38-69-320,
38-70-10(4) and (5), 38-70-20, 38-70-30, 38-70-40, 38-70-50,
38-70-60, 38-71-70, 38-71-190, 38-71-310, 38-71-315, 38-71-320,
38-71-325, 38-71-330(7), 38-71-335(B), 38-71-340, 38-71-370,
38-71-410, 38-71-510, 38-71-530, 38-71-540, 38-71-550(a)
38-71-550(b), 38-71-720, 38-71-730(6), 38-71-735,
38-71-750, 38-71-920(6),(11)(c), and (12), 38-71-950(B), 38-71-970,
38-71-980, 38-71-1010(6), 38-71-1020, 38-71-1110, 38-72-40,
38-72-60(A), (C)(3), and (F)(1)(a), 38-74-10(13), 38-74-20,
38-74-60(C)(2), 38-74-70, 38-75-230, 38-75-750(a)(5), 38-75-780,
38-75-930, 38-75-940, 38-75-950, 38-75-960, 38-75-980, 38-77-10(1),
38-77-30(12), 38-77-110(A), 38-77-115, 38-77-120, 38-77-150,
38-77-200, 38-77-260, 38-77-280, 38-77-320, 38-77-330,
38-77-350(A), 38-77-520, 38-77-530, 38-77-570, 38-77-580,
38-77-590(a),(b),(e),(f), and (g), 38-77-600, 38-77-610, 38-79-430,
38-85-70, 38-85-80, 38-87-20(1), (8)(h), and (11)(c)(ii), 38-87-30,
38-87-40, 38-87-50(D), 38-87-80, 38-87-110, 38-87-140, 44-2-75,
44-6-5, 44-6-10, 44-6-30, 44-6-40, 44-6-45, 44-6-50, 44-6-70,
44-6-80, 44-6-90, 44-6-100, 44-6-140, 44-6-146, 44-6-150, 44-6-155,
44-6-160, 44-6-170, 44-6-180, 44-6-190, 44-6-220, 44-6-300,
44-6-310, 44-6-320, 44-6-400, 44-6-410, 44-6-420, 44-6-430,
44-6-440, 44-6-460, 44-6-470, 44-6-500, 44-6-520, 44-6-530, and
59-53-2050, as amended by this act, are effective July 1, 1995.
(H) Articles 3, 5, 7, 9, and 11 of Chapter 1 of Title 13, Chapter 2
of Title 13, Chapter 6 of Title 23, Article 5 of Chapter 23 of Title 1,
Chapter 30 of Title 1, and Sections 1-3-215, 2-47-60, 2-68-50,
12-2-5, 12-4-15, 12-4-400, 12-4-410, 12-27-35, 12-27-1265,
23-3-15, 23-3-25, 44-20-225, 51-1-300, 51-1-310, 51-1-500, 51-1-510,
56-1-3350, 56-1-3360, 56-1-3370, 56-1-3380, 56-1-3390, 56-1-3400,
56-3-4710, 56-3-4720, 56-3-4730, 56-3-4740, 56-5-4160(H),
57-1-310, 57-1-320, 57-1-325, 57-1-330, 57-1-340, 57-1-350,
57-1-410, 57-1-430, 57-1-440, 57-1-450, 57-1-490, 57-3-110,
57-3-120, 57-3-600, 57-3-780, and 58-3-26, as added by this act, are
effective July 1, 1993.
(I) Sections 40-73-15 and 41-3-610, as added by this act, are
effective February 1, 1994.
(J) Chapter 4 of Title 48, Chapter 22 of Title 48, and Sections
1-23-111, 47-5-30, 48-9-15, 48-9-45, 49-1-16, and 50-1-5, as added
by this act, are effective July 1, 1994.
(K) Section 38-1-30, as added by this act, is effective July 1, 1995.
(L) SECTIONS 99A, 253A, 343(B), 345, 495,
784, 785, 786, 787, 813A, 815, 996, 997, 1143, 1179, 1226, 1243,
1281, 1436, 1437, 1543, 1544, 1545, 1546, 1581, 1601, 1604, 1605,
1612, 1613, 1614, 1615, 1616, 1617 and 1618 are effective
July 1, 1993.
(M) Section 345 is effective February 1, 1994.
(N) SECTIONS 99B, 253B, 1144, 1180, 1227, 1244, 1273, and
1282 are effective July 1, 1994.
(O) SECTIONS 496, 502, 813B, 816, 1145, and 1587 are effective
July 1, 1995."
SECTION 321. References in Titles 20 and 43 of the 1976 Code
to the Director of the Department of Social Services mean the State
Director of the Department of Social Services so as to distinguish the
State Director from County Directors. References in Titles 20 and 43
of the 1976 Code to State Commissioner or Commissioner of the
Department of Social Services mean the State Director of the
Department of Social Services. The Code Commissioner shall change
references in the 1976 Code to conform to this act and such changes
must be included in the next printing of replacement volumes or
cumulative supplements.
SECTION 322. References in the the 1976 Code to the
"Director of the Department of Insurance" mean the
"Chief Insurance Commissioner" and references to the
"deputy director of the Department of Insurance" mean the
"designee of the Chief Insurance Commissioner." The
Code Commissioner shall change references in the 1976 Code to
conform with this act, and such changes must be included in the next
printing of replacement volumes or cumulative supplements.
SECTION 323. References in the 1976 Code to the "Board of
Probation, Parole and Pardon Services" mean "Board of
Paroles and Pardons." The Code Commissioner shall change
references in the 1976 Code to conform to this act and such changes
must be included in the next printing of replacement volumes or
cumulative supplements.
SECTION 324. References in the 1976 Code to "Department
of Revenue and Taxation" mean "Department of
Revenue." The Code Commissioner shall change references in
the 1976 Code to conform to this act and such changes must be
included in the next printing of replacement volumes or cumulative
supplements.
SECTION 325. (A) Sections 24-23-10, 38-1-30, as added by Act
181 of 1993, 43-3-50, 56-10-20, and 56-3-250 are repealed upon
approval by the Governor.
(B) Sections 43-21-120, 49-5-130, 48-9-230, 49-21-80, and
Chapter 17 of Title 51 are repealed effective July 1, 1994.
(C) Article 5 of Chapter 1 of Title 13 is repealed effective January
1, 1995.
(D) Chapter 5 of Title 12 is repealed effective February 1, 1995.
SECTION 326. This act takes effect upon approval by the
Governor except as follows:
(1) Sections 1-30-75, 9-1-1535, 12-27-390, 27-2-85, 27-2-95,
27-2-105, 31-13-30, 39-23-10, 39-23-20, 39-23-30, 39-23-40,
39-23-50, 39-23-60, 39-23-70, 39-23-80, 39-23-100, 39-23-110,
39-23-120, 39-23-130, 44-1-50, 44-6-170(A)(13), 44-7-370(A),
44-38-380(A)(1)(k), 44-55-120(C), 44-56-60(a)(3), 44-67-90, 48-4-10,
48-9-30, 48-9-215, 48-9-610, 48-9-1210, 48-9-1230, 48-9-1820,
48-9-1840, 48-9-1850, 48-22-10, 48-22-20, 48-22-30, 48-22-40,
48-22-50, 48-22-60, 48-22-70, 48-22-80, 48-22-90, 48-39-150(D),
48-39-210, 48-39-280(A)(4), 48-39-280(E), 48-39-290(D), 48-49-70,
49-1-15, 49-3-60, 49-4-15(2), 50-3-90, 50-3-310, 50-3-315(A),
50-3-510, 50-5-20, 50-5-110, 50-7-10, 50-9-70, 50-9-470, 50-17-320,
50-17-365, 50-17-730, 50-27-10, 50-27-20, 50-27-30, 50-27-40,
50-27-50, 50-27-60, 50-27-70, 50-27-80, 50-27-90, 50-27-100,
50-27-110, 50-27-115, 50-27-120, 50-27-130, 50-27-140, 50-27-150,
and 56-1-221(A) take effect July 1, 1994.
(2) Sections 1-30-80, 13-1-20, and Article 7 of Chapter 1 of Title
51 take effect January 1, 1995.
(3) Sections 12-4-760, 12-37-2680, and 12-43-300 take effect
February 1, 1995
(4) Sections 38-3-110, 38-27-520, 38-43-106(C), 38-73-1380,
38-77-580, 38-79-270, 38-81-270, 42-5-60, 43-7-410(B) and (C),
43-7-420, 43-7-430, 43-7-440, 43-35-310(A)(2)(j), 44-6-5(4),
44-6-140(A)(2), 44-6-146(A), 44-6-170(A)(14), 44-6-520, 44-6-540,
44-6-720(B)(4)(b)(iv) and (5), 44-6-730, 44-7-90, and
44-38-380(A)(1)(i) take effect July 1, 1995.
(5) SECTION 13 and SECTION 57 take effect January 1, 1995.
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