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H 4818 Session 110 (1993-1994)
H 4818 General Bill, By J.H. Hodges
A Bill to provide for technical corrections to the 1993 Restructuring
Act.-short title
02/24/94 House Introduced and read first time HJ-378
02/24/94 House Referred to Committee on Judiciary HJ-394
03/30/94 House Committee report: Favorable with amendment
Judiciary HJ-8
04/12/94 House Debate adjourned until Wednesday April 13th HJ-334
04/14/94 House Amended HJ-60
04/14/94 House Debate interrupted HJ-79
04/19/94 House Amended HJ-31
04/19/94 House Read second time HJ-80
04/20/94 House Read third time and sent to Senate HJ-15
04/21/94 Senate Introduced and read first time SJ-11
04/21/94 Senate Referred to Committee on Judiciary SJ-11
05/24/94 Senate Committee report: Favorable with amendment
Judiciary SJ-27
05/25/94 Senate Amended SJ-42
05/25/94 Senate Read second time SJ-266
05/25/94 Senate Ordered to third reading with notice of
amendments SJ-266
05/27/94 Senate Amended SJ-29
06/01/94 Senate Amended SJ-82
06/01/94 Senate Read third time and returned to House with
amendments SJ-108
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
June 1, 1994
H. 4818
Introduced by REP. Hodges
S. Printed 6/1/94--S.
Read the first time April 21, 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 1-3-240, AS AMENDED, RELATING TO THE REMOVAL
OF STATE AND COUNTY OFFICERS, BY THE GOVERNOR, SO
AS TO REVISE A REFERENCE TO THE DEPARTMENT OF
REVENUE AND TAXATION AND ITS COMMISSION; SECTION
1-7-920, RELATING TO THE COMMISSION ON PROSECUTION
COORDINATION, SO AS TO CORRECT A REFERENCE TO A
REPRESENTATIVE ON THE COMMISSION FROM THE
DEPARTMENT OF PUBLIC SAFETY; SECTION 1-7-940,
RELATING TO THE DUTIES OF THE COMMISSION ON
PROSECUTION COORDINATION, SO AS TO REQUIRE THE
COMMISSION TO PROVIDE TRAINING FOR VICTIM/WITNESS
ASSISTANCE UNITS WITHIN THE SOLICITORS' OFFICES;
SECTION 1-11-310, 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 1-30-35, 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 1-30-85, RELATING TO THE DEPARTMENT OF
PROBATION, PARDON AND PAROLE, SO AS TO CORRECT THE
NAME OF THE DEPARTMENT TO THE DEPARTMENT OF
PROBATION, PAROLE AND PARDON SERVICES; TO AMEND
SECTION 2-7-73, AS AMENDED, RELATING TO LEGISLATIVE
ENACTMENTS AND THE REQUIREMENT THAT BILLS AND
RESOLUTIONS MANDATING HEALTH INSURANCE COVERAGE
MUST HAVE FISCAL IMPACT STATEMENTS, SO AS TO DELETE
CERTAIN LANGUAGE WHICH PREVIOUSLY REFERRED TO
THE FORMER "CHIEF INSURANCE COMMISSIONER";
SECTION 2-13-190, AS AMENDED, RELATING TO THE
DISTRIBUTION OF THE ANNUAL ACTS AND JOINT
RESOLUTIONS OF THE GENERAL ASSEMBLY, SO AS TO
CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO
WHOM THESE ACTS AND JOINT RESOLUTIONS ARE
PROVIDED AND TO FURTHER PROVIDE FOR THEIR
DISTRIBUTION; SECTION 2-13-240, AS AMENDED, RELATING
TO THE DISTRIBUTION OF THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, SO AS TO CORRECT THE REFERENCES TO
CERTAIN OFFICIALS TO WHOM THESE CODES ARE PROVIDED
AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION;
SECTION 2-19-10, RELATING TO THE JOINT COMMITTEE TO
REVIEW CANDIDATES FOR OFFICES ELECTED BY THE
GENERAL ASSEMBLY, SO AS TO REFER TO AN EXCEPTION
CONTAINED IN THE RESTRUCTURING ACT PERTAINING TO
THE ELECTION OF MEMBERS OF THE PUBLIC SERVICE
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 AVIATION
ADMINISTRATION; SECTION 12-4-15, RELATING TO THE
DIVISIONS OF THE DEPARTMENT OF REVENUE, SO AS TO
DELETE THE STATUTORY DIVISIONS; SECTION 12-4-30, AS
AMENDED, RELATING TO THE COMMISSIONERS OF THE
DEPARTMENT OF REVENUE, SO AS TO PROVIDE
REQUIREMENTS FOR THE DEPARTMENT'S DIRECTOR; TO
AMEND SECTIONS 12-4-40, 12-4-50, 12-4-60, AND 12-4-70, AS
AMENDED, RELATING TO THE TAX COMMISSION, SO AS TO
REVISE REFERENCES TO THE COMMISSIONER AND
COMMISSION; SECTION 12-4-340, AS AMENDED, RELATING TO
THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO
CONTRACT WITH A COLLECTION AGENCY TO COLLECT
DELINQUENT TAXES, SO AS TO CONFORM A REFERENCE TO
THE RESTRUCTURING ACT; SECTION 12-4-760, RELATING TO
APPEALS FROM THE TAX COMMISSION TO THE TAX BOARD
OF REVIEW, SO AS TO CHANGE REFERENCES OF THE TAX
COMMISSION TO THE ADMINISTRATIVE LAW JUDGE
DIVISION AND CHANGE REFERENCES TO THE TAX BOARD OF
REVIEW TO THE CIRCUIT COURT; SECTION 12-21-2423,
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 REVISE
THE REFERENCE TO THE DEPARTMENT OF REVENUE AND
TAXATION AND CHANGE THE NAME OF THE DIVISION OF
AERONAUTICS TO THE STATE AVIATION ADMINISTRATION;
SECTION 12-36-2570, AS AMENDED, RELATING TO THE TIME
OF PAYMENT OF SALES AND USE TAX, SO AS TO CONFORM
REFERENCES TO THE RESTRUCTURING ACT; SECTION
12-36-2610, AS AMENDED, RELATING TO THE DISCOUNT
ALLOWED FOR TIMELY PAYMENT OF THE SALES TAX, SO AS
TO CONFORM REFERENCE TO THE TAX COMMISSION TO THE
RESTRUCTURING ACT; SECTION 12-37-930, AS AMENDED,
RELATING TO VALUATION OF PROPERTY AND THE
DEPRECIATION SCHEDULE FOR MANUFACTURING
MACHINERY FOR PURPOSES OF AD VALOREM TAXATION, SO
AS TO CHANGE REFERENCES TO CONFORM TO THE
RESTRUCTURING ACT; SECTION 12-37-2680, 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 13-17-40, 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, CHAPTER 1 OF TITLE 13, RELATING TO THE DIVISION OF
AVIATION, SO AS TO CHANGE THE NAME OF THE DIVISION
OF AERONAUTICS TO THE STATE AVIATION
ADMINISTRATION; ARTICLE 11 OF CHAPTER 1 OF TITLE 13,
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
23-6-10, AS AMENDED, RELATING TO DEFINITIONS
PERTAINING TO THE DEPARTMENT OF PUBLIC SAFETY, SO
AS TO DELETE THE DEFINITION OF "DEPUTY
DIRECTOR"; SECTION 23-6-40, AS AMENDED, RELATING
TO THE DIRECTOR AND DEPUTY DIRECTORS FOR THE
DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE THE
PROVISIONS FOR DEPUTY DIRECTORS; 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, 41-15-520, 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 AVIATION
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
AVIATION 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 AVIATION
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 AVIATION 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 AVIATION
ADMINISTRATION; SECTION 55-11-10, RELATING TO
PARTICULAR AIRPORTS, SO AS TO CHANGE THE NAME OF
THE DIVISION OF AERONAUTICS TO THE STATE AVIATION
ADMINISTRATION; SECTION 55-15-10, RELATING TO
RELOCATION ASSISTANCE, SO AS TO CHANGE THE NAME OF
THE DIVISION OF AERONAUTICS TO THE STATE AVIATION
ADMINISTRATION; SECTION 56-1-80, AS AMENDED, RELATING
TO THE APPLICATION FOR A DRIVER'S LICENSE OR PERMIT,
SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF
REVENUE AND TAXATION AND TO CLARIFY REFERENCES TO
THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-135, AS
AMENDED, RELATING TO DESIGNATED DRIVERS FOR FIRE
EXTINGUISHMENT, SO AS TO CLARIFY REFERENCES TO THE
DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-221,
RELATING TO THE MEDICAL ADVISORY BOARD, SO AS TO
CONFORM REFERENCES TO THE RESTRUCTURING ACT AND
TO CLARIFY THAT THE BOARD MUST ADVISE THE DIRECTOR
OF THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-225,
AS AMENDED, RELATING TO THE REEXAMINATION OF
DRIVERS INVOLVED IN FOUR ACCIDENTS WITHIN
TWENTY-FOUR MONTHS, SO AS TO CLARIFY REFERENCES TO
THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-1320,
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 56-5-1520, AS AMENDED, RELATING TO
MOTOR VEHICLE SPEED LIMITS, SO AS TO REVISE THE
REQUIREMENTS FOR DEPOSIT OF FINES; 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 AND PROVIDE FOR
LIMITATION OF ACTUAL EXPENSES FOR DEDICATIONS ON
AN INTERSTATE HIGHWAY; 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, REVISE THE CONDITIONS UNDER WHICH A LICENSE OR
PERMIT BE ISSUED, RENEWED, OR TRANSFERRED, AND
PROVIDE FOR NOTIFICATION TO THE APPLICANT; 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 AMEND THE 1976 CODE BY ADDING SECTION
56-3-1720 SO AS TO PROVIDE FOR A SPECIAL LICENSE PLATE
FOR LAW ENFORCEMENT MOTOR VEHICLES OPERATED BY
LINE LAW ENFORCEMENT PERSONNEL OF THE DEPARTMENT
OF PUBLIC SAFETY; TO AMEND THE 1976 CODE BY ADDING
SECTION 57-3-130 SO AS TO PROVIDE FOR SPECIAL PERMITS
TO MOVE CERTAIN MOTOR VEHICLES, SECTION 57-3-140 SO
AS TO PROVIDE FOR SHEET TOBACCO TRUCK PERMITS,
SECTION 57-3-150 SO AS TO PROVIDE FOR MULTIPLE TRIP
PERMITS, SECTION 57-3-160 SO AS TO PROVIDE COTTON
MODULAR VEHICLES, AND SECTIONS 57-3-170, 57-3-180, AND
57-3-190 SO AS TO PROVIDE REQUIREMENTS BEFORE
ISSUANCE OF OPEN-END PERMITS; TO PROVIDE FOR
RELOCATION OF THE CONFEDERATE FLAG, PROVIDE FOR
THE DISPLAY OF FLAGS ON THE STATE HOUSE GROUNDS,
CREATE A CIVIL RIGHTS MONUMENT COMMISSION AND
PROVIDE FOR ITS POWERS, DUTIES, AND DISSOLUTIONS AND
FOR MAINTENANCE OF THE MONUMENT ESTABLISHED BY
THE COMMISSION, PROHIBIT THE REMOVAL OF CERTAIN
MONUMENTS, MARKERS, AND MEMORIALS LOCATED ON
PUBLIC PROPERTY OR A STREET, HIGHWAY, OR PARK
WITHOUT TWO-THIRDS VOTE OF EACH BRANCH OF THE
GENERAL ASSEMBLY, AND PROVIDE FOR PLACEMENT OF
CERTAIN STATEMENTS IN THE JOURNALS OF EACH BRANCH;
TO DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN
REFERENCES TO CONFORM WITH THE PROVISIONS OF THIS
ACT; AND TO REPEAL SECTIONS 43-21-120, 43-21-140, 48-9-230,
49-5-130, 49-21-80, 56-5-4170, 56-5-4175, 56-5-4180, 56-5-4185,
56-5-4190, 56-5-4200, AND 56-5-4205, CHAPTER 17 OF TITLE 51,
AND CHAPTER 61 OF TITLE 40.
Amend Title to Conform
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 1-3-240(C)(2) of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"(C) Commission Director of the Department
of Revenue and Taxation;"
SECTION 3. 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 4. 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 5. 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 6. 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 7. 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 8. 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 9. 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 10. 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 11. 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 12. 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 13. 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 Aeronautics a State
Aviation 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 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 1-30-85 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 18. 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 19. 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 20. 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 Aeronautics State
Aviation 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 21. 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 22. 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 23. 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 24. 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 25. 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 26. 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 27. 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 28. 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 Aeronautics State Aviation Administration of the
Department of Commerce."
SECTION 29. 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 30. Section 12-4-30(C) of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"(C) After February 1, 1995, the department will be governed
in matters of policy and administration by a director appointed by the
Governor with the advice and consent of the Senate. The director
shall possess sound moral character, superior knowledge in taxation, and
proven administrative ability. The director may be removed from
office pursuant to the provisions of Section 1-3-240."
SECTION 31. Section 12-4-40 of the 1976 Code is amended to read:
"Section 12-4-40. Each commissioner The
director, within thirty days after notice of appointment and before
taking office, shall take and file with the Secretary of State the oath of
office prescribed by the State Constitution."
SECTION 32. Section 12-4-50 of the 1976 Code is amended to read:
"Section 12-4-50. The terms term of office of
the commissioners are director is six years each,
with the term of one member expiring every two years. Each
commissioner The director shall remain in office until his
successor is appointed and qualifies."
SECTION 33. Section 12-4-60 of the 1976 Code is amended to read:
"Section 12-4-60. The commissioners director
shall receive an annual salary set by the General Assembly and
reimbursement for their expenses incurred while engaged in the
work of the commission department in the same manner
as other state officers."
SECTION 34. The first paragraph of Section 12-4-70 of the 1976
Code is further amended to read:
"The chairman director of the
commission shall devote the time required to perform the duties of
the office and may not:"
SECTION 35. 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 36. 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 37. 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 38. 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 39. 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 40. 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 department 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 41. 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 42. 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 43. 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 44. 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 45. 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 46. 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 47. 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 48. 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 not be
construed as prohibiting the county legislative delegation from making
project recommendations to the transportation committee. The
members of the county transportation committees, in performing their
duties under this section, shall be allowed and paid from "C"
fund revenues such subsistence expense and mileage as is paid to
members of other state boards and commissions.
(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 49. 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 50. 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 Aeronautics State Aviation
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 51. 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 52. 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 53. 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 54. 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 55. 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 56. 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 57. 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 58. 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 59. 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 60. 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 Aeronautics State
Aviation 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 61. 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 Aeronautics State Aviation
Administration
Section 13-1-1110. The organization and objectives of the State
Aviation Administration, a division of the Department of
Commerce are stated in Chapters 1 through 9 of Title 55."
SECTION 62. 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, and the Dean of the
School of Business at South Carolina State University. 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 63. 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 64. 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
Aeronautics State Aviation Administration of the
Department of Commerce."
SECTION 65. 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 66. 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 67. 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 68. 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 69. 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 70. 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 71. 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 72. 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 73. 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 74. Section 16-3-1410 of the 1976 Code is amended to
read:
"Section 16-3-1410. The Victim Victim's
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 75. 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 76. 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 77. 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 78. 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 79. 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 80. 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 81. 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 82. 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 83. 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 84. 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 85. 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 86. 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 87. 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 88. 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 89. 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 90. 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 91. 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 92. 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 93. 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 94. 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 95. 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 96. 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 97. 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 98. Section 23-6-10 of the 1976 Code,as last amended by
Act 181 of 1993, is further amended to read:
"Section 23-6-10. For the purposes of this title, the following
words, phrases, and terms are defined as follows:
(1) `Department' means the Department of Public Safety.
(2) `Director' means the chief administrative officer of the Department
of Public Safety.
(3) 'Deputy director' means the administrative head of a division
of the department."
SECTION 99. Section 23-6-40(B) and (C) of the 1976 Code, as last
amended by Act 181 of 1993, are further amended to read:
"(B) The director must administer the affairs of the
department and must represent the department in its dealings with other
state agencies, local governments, special purpose districts, and the
federal government. The director must appoint a deputy director for
each division and employ such other personnel for each
division or office and prescribe their duties, powers, and
functions as he considers necessary and as may be authorized by statute
and for which funds have been authorized in the annual general
appropriation act.
(C) The deputy director for each division shall serve at the
pleasure of the director. Each deputy director may receive
compensation as established under the provisions of Section 8-11-160
and for which funds have been authorized in the annual general
appropriation act."
SECTION 100. 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 101. 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 consider
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 consider 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 102. 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 103. 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 104. 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 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 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 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
considers 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 105. Section 356, Act 181 of 1993 of the 1976 Code is
deleted.
SECTION 106. 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 107. 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 108. 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 109. 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 110. 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 111. 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 112. 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 113. 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 114. 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 115. 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 116. 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 117. 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 118. 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 119. 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 120. 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 121. 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 122. 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 123. 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 124. 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 125. 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 126. 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 127. 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 128. 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 129. 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 130. 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 131. 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 132. 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 133. 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 134. 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 135. 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 136. 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;
sanitarians
(37) social workers;
(38) speech/language pathologists and
audiologists;
(39) veterinarians."
SECTION 137. 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 138. 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 139. 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 140. 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 141. 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 142. 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 143. 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 144. 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 145. 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 146. 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 147. 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 148. 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 149. 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 150. 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
ensure 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 151. 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 152. 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 153. 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 154. 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 155. 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 156. 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 157. 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 158. 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 159. 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 160. 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 161. 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 162. 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 163. 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 164. 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 165. 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 166. 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 167. 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 168. 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 169. 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 170. 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 171. 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 172. 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 173. 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 174. 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 175. 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 176. 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 177. 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 178. 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 179. 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 180. 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 181. 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 182. 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 183. 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 184. 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 185. 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 186. 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 187. 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 188. 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 189. 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 190. 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 191. 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 192. 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 193. 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 194. 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 195. 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 196. 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 197. 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 198. 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 199. 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 200. 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 201. 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 202. 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 203. 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 considers 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 204. 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 205. 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 206. 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 207. 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 208. 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 209. 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.
(B) 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.
(C) The council shall meet at least quarterly, 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. (A) The General Assembly finds
that the operation of health and human services may be enhanced by
closer working relationships among agencies at the state and local level.
The General Assembly finds that coordination at both levels provides
opportunities to serve the citizens of South Carolina better through (1)
continued expansion of services integration and (2) stronger
communication among agencies delivering services.
In order to assist in, recommend, develop policy for, and supervise the
expenditure of funds for the continuation of service integration in South
Carolina, there is created a Human Services Coordinating Council,
hereinafter, entitled the council. The council shall consist of:
(1) the chairperson of the boards of the following agencies:
Division on Aging, Department of Alcohol and Other Drug Abuse
Services, Commission for the Blind, Division of Foster Care,
Department of Education, Department of Health and Environmental
Control, Department of Health and Human Services, Department of
Juvenile Justice, Division of Veterans' Affairs, John De La Howe
School, Department of Mental Health, Department of Disabilities and
Special Needs, School for the Deaf and the Blind, Department of Social
Services, Department of Vocational Rehabilitation, Guardian ad Litem
Program, Division of Continuum of Care, Educational Television, Wil
Lou Gray Opportunity School, Department of Corrections, Probation,
Parole and Pardon Services, and the State Housing Finance and
Development Authority.;
These chairpersons 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 accounts of their respective boards or commissions;
(2) the Director or Chief Executive Officer of each of the
following: Division on Aging, Department of Alcohol and Other Drug
Abuse Services, Commission for the Blind, Division of Foster Care
Department of Education, Department of Health and Environmental
Control, Department of Health and Human Services, Department of
Juvenile Justice, Division of Veterans' Affairs, John De La Howe
School, Department of Mental Health, Department of Disabilities and
Special Needs, School for the Deaf and the Blind, Department of Social
Services, Department of Vocational Rehabilitation, Guardian ad Litem
Program, Division of Continuum of Care, Educational Television, Wil
Lou Gray Opportunity School, Department of Corrections, Probation,
Parole and Pardon Services and the State Housing Finance and
Development Authority;
(3) the Governor or his designee;
(4) other such members as the council shall deem appropriate.
(B) The council shall:
(1) select a board chairperson, director or chief executive officer
on an annual basis to serve as the council chairperson;
(2) meet regularly to provide an opportunity for collaboration and
cooperation among member agencies.
(C) The council shall have as its goals to:
(1) identify and address priority health and human needs and
promote the availability of responsive resources;
(2) 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.
(3) provide coordination between the council members and the
Department of Health and Human Services in the development of the
comprehensive State Health and Human Services Plan;
(4) in cooperation with the Department of Health and Human
Services, coordinate and oversee efforts to integrate services information
among state agencies and between state and local agencies;
(5) review and monitor service integration efforts begun by the
Human Services Integration Projects, and 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.
(D) Member agencies and departments of the council shall collect
and provide client information, including Social Security number, for
the Client Masterfile System, and for development and use of a uniform
client application database for statistical purposes and for improving
human services delivery systems for South Carolinians. For purposes
of this subsection, the State, rather than an individual agency, will be the
owner of the data. All individual client information submitted by
participating agencies or departments will be regarded as confidential;
the information collected may not be released, under any circumstances,
to entities or individuals outside the Client Masterfile System, State Data
Oversight Council, or client application database unless release is made
of aggregate statistical information so that no individual client may be
identified. No data submitted may be released by the Client Masterfile
System except in a format approved by the council. For the purposes of
this sub-section only, all state laws, regulations, or any rule of any state
agency, department, board, or commission having the effect or force of
law that prohibits or is inconsistent with any provision of this subsection
is hereby declared inapplicable to this subsection.
Each member agency or department of the council shall be required
to take all steps reasonably necessary to effectuate the waiver of federal
rules, regulations, or statutes or the elimination of other factors that
interfere with collection or use of data by the Client Masterfile System
or client application database. Those steps shall include, but not be
limited to, the seeking of federal legislation, the negotiation of
agreements between the council or State and any federal agency or
board, the application for the waiver of any federal rule, regulation or
statute, and the seeking of client's permission to share data.
(E) Effective July 1, 1994, the Human Services Coordinating
Council shall assume the duties and responsibilities of the Coordinating
Council to the Division on Aging and the Long Term Care Council. The
Human Services Coordinating Council shall establish a long term care
standing committee and include on the committee a representative of the
long term care industry, a representative of the insurance industry, and
a representative of the general public."
SECTION 210. 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 211. 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 212. 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 213. 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 214. 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 215. 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 216. 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 217. 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 218. 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 219. 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 220. 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 221. 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 222. 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 223. 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 224. 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 225. 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 226. 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 227. 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 228. 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 229. 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 230. 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 231. 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 232. 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 233. 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 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 234. 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 235. 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 236. 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 237. 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 238. 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 239. 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 240. 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 Aeronautics State Aviation
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 241. 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 242. 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 243. 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 244. 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 245. 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 246. 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
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 after consultation with the advisory council upon
notice and hearing for neglect of duty or malfeasance in office,
but for no other reason."
SECTION 247. 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 248. 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 249. 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 250. 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 251. 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 252. 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 253. 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 254. 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 255. 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 256. 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 257. 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 258. 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 259. 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 260. 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 261. 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 262. 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 263. 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 264. 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 265. 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 266. 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 267. 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 268. 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 269. 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 270. 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 271. 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 272. 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 273. 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 274. 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 275. 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 276. 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 277. 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
Aeronautics State Aviation 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 278. 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
Aeronautics State Aviation 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 of Aeronautics State Aviation Administration
as provided for by law."
SECTION 279. 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 aviation 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 280. 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 Aeronautics State
Aviation Administration of the Department of Commerce in the
development of aeronautics and aeronautic facilities within the
State."
SECTION 281. 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 Aeronautics
State Aviation Administration of the Department of
Commerce."
SECTION 282. 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 Aeronautics State
Aviation 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 283. 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 Aeronautics State Aviation 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 284. 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 285. 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 286. 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 287. 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 288. 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 289. 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 290. 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 291. 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 292. 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 293. 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 294. 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 295. 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 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. The 1976 Code is amended by adding:
"Section 57-3-130. (A) Subject to the conditions prescribed
in subsection (B), the Department of Transportation, in its discretion
upon application in writing and good cause being shown that it is in the
public interest, may issue special permits authorizing the applicants to
operate or move vehicles or combinations of vehicles of a size and
weight of vehicle or load exceeding the maximum specified in Article
33, Chapter 5 of Title 56 or otherwise not in conformity with the article
upon a state highway. The application for the permit specifically must
describe the vehicle and load to be operated or moved and the particular
highways for which a permit to operate is requested. A permit must be
carried in the vehicle or combination of vehicles to which it refers and
must be open to inspection by a police officer or an authorized agent of
the authority granting the permit. No person may violate the terms or
conditions of the special permit. The Department of Transportation shall
charge a fee of twenty dollars for each permit issued, and fees collected
pursuant to this section must be placed in the state highway fund and
used for defraying the cost of issuing and administering the permits and
for other highway purposes.
(B)(1) The Department of Transportation may exercise its discretion
in issuing permits for the movement of all types of vehicles which
exceed the legal size and weight limits, if the:
(a) load carried on the vehicle cannot be disassembled readily;
(b) movements are made so as not to damage the highways nor
unduly interfere with highway traffic.
(2) The Department of Transportation may limit or prescribe the
conditions of operation of the vehicles provided for in item (1) and may
require insurance or other security it considers necessary.
(3) The following are general provisions applicable to all oversize
and overweight loads:
(a) The granting of a permit does not constitute a waiver of the
license requirements imposed by South Carolina, does not waive the
liability or responsibility of the applicant which might accrue for
property damage, including damage to the highways, or for personal
injuries, and does not exempt the applicant from compliance with the
ordinances, rules, and regulations of a municipality.
(b) Before granting a permit, the Department of Transportation,
at its discretion, may require the vehicle owner or operator to furnish a
certificate showing the amount of public liability and property damage
insurance carried.
(c) All vehicles shall meet the requirements of all applicable
laws and regulations.
(d) Overwidth loads or mobile homes must be moved over
sections of highways selected by the Department of Transportation.
(e) The Department of Transportation shall determine the
speeds permitted loads are to operate under.
(f) The driver shall remove the towing vehicle along with the
load or mobile home from the traveled way to allow closely following
traffic, five vehicles maximum, to pass and proceed.
(4) Applications for overweight and oversize permits must be
submitted on forms provided by the Department of Transportation and
must include all the necessary information required. Each application
must be accompanied by the permit fee before it may be issued. The
permit fee accompanying an application that is rejected must be returned
to the person or company named within the application.
(5) Special oversize and overweight trip permits for movement of
vehicles or combinations of vehicles with individual loads on them in
excess of the maximum sizes and weights allowed must receive special
consideration by and have prior approval of the Department of
Transportation before any part of the move to be undertaken.
(6) The State reserves the right to recall or not issue permits in
accordance with the limitations provided in this section if there is an
abuse of the permit or the permit would cause an unnecessary amount
of disruption in the normal traffic flow.
(C) Notwithstanding the exemptions provided in Section 56-5-4020,
the owner of vehicles or combinations of vehicles used to transport and
spread soil improvement products exempted from load and size
limitations shall obtain an annual special permit from the Department of
Transportation which prescribes limitations on the exemption the
Department of Transportation may determine necessary. The fee for the
annual permits is five dollars. The fees must be used as prescribed for
other fees collected pursuant to this section.
(D) The detailed implementation of this section does not have
general applicability to the public as prescribed in Chapter 23 of Title 1.
Additional procedures established by the Department of Transportation
for implementation are exempt from the requirement of General
Assembly approval required by that chapter when the procedures are
established in accordance with this section.
Section 57-3-140. (A) The Department of Transportation, under
the terms and conditions as in its judgment may be in the public interest
for safety on the highways and in addition to other permits required by
Title 57, may issue permits for the use on public highways of sheet
tobacco trucks. For the purposes of this section `sheet tobacco truck' is
defined as a vehicle used to transport tobacco in sheets which does not
exceed ninety-six inches in width at the truck bed and nine feet six
inches at the widest part of the load above the truck bed. To be valid the
permit must be carried on the towing vehicle, and it is unlawful for a
person to violate a provision, term, or condition of the permit. The fee
for each permit is fifteen dollars, and it authorizes the use of only one
properly described sheet tobacco truck. The Department of
Transportation may promulgate regulations to implement this section.
(B) A person violating subsection (A) or a regulation promulgated
pursuant to this section is guilty of a misdemeanor and, upon conviction,
must be fined not more than two hundred dollars or imprisoned not more
than thirty days.
Section 57-3-150. The Department of Transportation, under the
terms and conditions it considers to be in the best interest of the public
for safety on the highways, may issue multiple trip permits for the
moving of over-dimensional or overweight nondivisible loads over
specified state highways determined by the Department of
Transportation. The fee for the permit is fifty dollars, payable at the
time of issuance, as long as a permit is purchased for each vehicle in the
fleet, one hundred percent. A multiple trip permit is valid for one year
from the date of issuance. To be valid, the original permit must be
carried on the towing vehicle. It is unlawful for a person to violate a
provision, term, or condition of the permit. The permit is subject at all
times to inspection by a law enforcement officer or an authorized agent
of the authority issuing the permit. A multiple trip permit is void one
year from the date of issue or whenever the Department of
Transportation is notified in writing that the permit has been lost, stolen,
or destroyed.
Section 57-3-160. (A) Notwithstanding Section 56-5-4030 or
another provision of Chapter 5 of Title 56, the Department of
Transportation shall issue, under terms and conditions in the public
interest for safety on the highways, a 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 may not exceed a width of one hundred seven inches
and may not exceed a length of fifty feet extreme overall dimensions,
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
a 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 must not be operated
on interstate highways.
(B) A person violating this section, a provision, term, or condition
of the permit, or a regulation promulgated pursuant to this section is
guilty of a misdemeanor and, upon conviction, must be fined not more
than two hundred dollars or imprisoned not more than thirty days.
Section 57-3-170. Before issuance of an open-end permit, the
permittee shall file with the Department of Transportation a:
(1) bond in the amount of five hundred dollars or a greater amount
the applicant determines at all times equals or exceeds the net value of
all open-end permits issued to the applicant by the Department of
Transportation for which payment is not received at the time of issuance,
payable to the department by a surety or guaranty company authorized
to do business in this State and approved by the department as surety
conditional upon the lawful movement of an oversize mobile home,
modular home unit, or utility building over a highway in this State and
the payment to the department of amounts when due for fees provided
for in Sections 56-3-710 and 57-3-180 and the compliance with all of the
terms, conditions, and restrictions of an oversize permit of any sort
issued to the person filing bond; or
(2) deposit of cash or acceptable negotiable securities sufficient in
the opinion of the Department of Transportation to secure adequately the
sum of five hundred dollars or a greater amount the applicant may
determine at all times equals or exceeds the net value of all open-end
permits to be issued to the applicant by the Department of
Transportation for which payment is not received at the time of issuance.
The deposit must be made upon the same conditions as those required
to be set forth in the bond provided for in item (1).
Section 57-3-180. All persons to whom open-end permits are issued
shall file with the Department of Transportation before the twenty-first
day of each January, April, July, and October reports showing the
number of trips made during the preceding quarter ending on December
thirty-first, March thirty-first, June thirtieth, and September thirtieth,
respectively, the dates of the trips, and other information the department
may require. The fee of ten dollars a trip, required to be paid pursuant
to Section 56-3-710, must be paid to the Department of Transportation
with each report filed. However, the fee for additional trips of less than
twelve miles distance made under the open-end permits is one dollar a
trip. Persons to whom open-end permits are issued shall maintain full
and complete records of all oversize mobile homes, modular home units,
or utility buildings moved, the records to be open to audit and inspection
by the Department of Transportation and the Department of Public
Safety.
Section 57-3-190. The Department of Transportation, in the public
interest for safety on the highways, may issue open-end or annual
permits for moving oversize loads and vehicles, oversize mobile homes,
modular home units, utility buildings, and steel tanks, pursuant to
Sections 57-3-160, 57-3-170, and 57-3-180. All heights may not exceed
fourteen and one-half feet, and the owner of a transporter is responsible
for damage which may occur."
SECTION 300. Section 57-3-610 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 57-3-610. Whenever a road, bridge, or other
highway facility is dedicated and named in honor of an individual by act
or resolution of the General Assembly, the Department of Transportation
must be reimbursed all expenses incurred by the department to
implement the dedication.
Reimbursement for expenses incurred by the department must first be
approved by a majority of each county legislative delegation
the county transportation committee of the county in which the
road, bridge, or facility is located. Reimbursement must be from the
State Secondary "C" Apportionment Fund of the county or
counties in which the road, bridge, or facility is located, and expenses
under this section are limited to five hundred dollars. If the road,
bridge, or facility is dedicated on an interstate highway, the allocation
is limited to actual expenses.
Reimbursement for expenses incurred by the department to name and
dedicate a highway facility pursuant to a request from other than the
General Assembly must be by agreement between the requesting entity
and the department."
SECTION 301. 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 302. 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 303. 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 304. 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 305. 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 306. 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 307. Article 3, Chapter 3, Title 58 of the 1976 Code is
amended to read:
"Article 3
Law Enforcement Department
Departments
Section 58-3-310. The law enforcement department of the Public
Service Commission shall consist of such officers, inspectors, and agents
as the commission may deem necessary and proper for the enforcement
of the Motor Vehicle Carrier Law and other related laws, the
enforcement of which is devolved upon the department. The title of
such officers, inspectors and agents shall be `Transportation Division
Inspectors'. The inspectors shall be commissioned by the Governor
upon the recommendation of the commission. The commission may
remove an inspector if it finds that he is unfit for the position. The
Department of Public Safety must appoint officers and inspectors as
necessary and proper for the enforcement of the Motor Vehicle Carrier
Safety Law and other related laws, the enforcement of which is devolved
upon the Department of Public Safety, State Police Division.
Section 58-3-320. Each inspector of the law enforcement
department of the Public Service Commission shall execute a bond
with a licensed surety company in the amount of not less than ten
thousand dollars. The bond shall be filed with the commission and shall
be conditioned for the faithful performance of his duties, for the prompt
and proper accounting of funds coming into his hands, and for
the payment of any judgment rendered against him in any court of
competent jurisdiction upon a cause of action arising out of breach or
abuse of official duty or power and damages sustained by any member
of the public from any unlawful act of the inspector. The coverage
under the bond shall not include damage to persons or property arising
out of the negligent operation of a motor vehicle. The bond may be
individual, schedule or blanket, and shall be approved by the Attorney
General. The premiums on the bonds shall be paid by the commission
from appropriated funds. This provision shall not apply to the
officers and inspectors of the Department of Public Safety, State Police
Division.
Section 58-3-330. Before entering upon the duties of his office,
each inspector of the law enforcement department of the Public
Service Commission shall take and subscribe before a notary
public, or other officer authorized to administer an oath, an oath to
faithfully perform the duties of his office and to properly execute the
laws of this State. This provision shall not apply to the officers and
inspectors of the Department of Public Safety, State Police
Division.
Section 58-3-340. The inspectors of the law enforcement
department of the Public Service Commission shall possess and
exercise all of the powers and authority held by constables at common
law. This provision shall not apply to the officers and inspectors of
the Department of Public Safety, State Police Division.
Section 58-3-350. When acting in their official capacity, inspectors
of the law enforcement department of the Public Service
Commission shall have statewide authority for the enforcement of
all motor vehicle carrier laws and related laws. This provision shall
not apply to the officers and inspectors of the Department of Public
Safety, State Police Division.
Section 58-3-360. Inspectors of the law enforcement department
of the Public Service Commission shall enforce the Motor Vehicle
Carrier Law, and related laws, and officers and
troopers of the Department of Public Safety, State Police Division
shall enforce the Motor Vehicle Carrier Safety Law and related laws,
and all inspectors, officers, and troopers of both departments
shall insure ensure that all persons violating
any provision of these laws are properly prosecuted.
Section 58-3-370. (A) When any a
person is apprehended by an inspector of the law enforcement
department of the Public Service Commission upon a charge of
violating the Motor Vehicle Carrier Law or related laws, the following
procedure shall be followed:
(1) The person being charged shall be served by the arresting
inspector with an official summons and arrest report. The report shall
give the appropriate judicial officer jurisdiction to dispose of the case.
(2) The person being charged may deposit with the arresting
inspector a sum of money not to exceed one hundred dollars as bail in
lieu of being immediately brought before the magistrate or other judicial
officer; provided, that an official summons and arrest report may be
issued without requiring any sum of money as bail.
(3) The official summons and arrest report shall indicate the
amount of bail deposited with the inspector and shall serve as a receipt
for the sum.
(4) The arresting inspector shall transmit any sum of money
received from the person charged to the appropriate magistrate or other
judicial officer.
(5) Upon receipt of the sum of money, if any is required, as bail,
the arresting inspector may release the person charged so that he may
appear before the proper judicial officer at a time and place stated in,
and required by, the official summons and arrest report.
(B) When a person is apprehended by an inspector or an officer
of the Department of Public Safety, State Police Division on a charge of
violating the Motor Vehicle Carrier Safety Law or related laws, the
procedure provided in Section 23-6-150 must be followed."
SECTION 308. 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 309. 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 310. 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 311. 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 312. 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 313. 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 314. 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 315. 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 to the commission a signed statement from the South Carolina
Tax Commission department and from the Internal
Revenue Service showing determine that the applicant
does not owe the state or federal government delinquent taxes, penalties,
or interest. If the department or the Internal Revenue Service
determine that delinquent taxes, penalties, or interest are due, the
department shall notify the applicant of the necessary requirements to
comply with this section."
SECTION 316. 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 317. 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 318. 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 319. 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 320. 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 321. 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 322. 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 323. 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 324. 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 325. 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 326. (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 Chapter 61 of Title 40, 41-15-310, 43-21-120,
43-21-140, 48-9-230, 49-5-130, 49-21-80, Chapter 17 of Title 51,
56-5-4170, 56-5-4175, 56-5-4180, 56-5-4185, 56-5-4190, 56-5-4200,
and 56-5-4205 are repealed effective July 1, 1994.
(C) Chapter 5 of Title 12 is repealed effective February 1, 1995.
SECTION 327. Article 13, Chapter 3, of Title 56 of the 1976 Code is
amended by adding:
"Section 56-3-1720. The Department of Revenue shall supply,
at an appropriate fee, a special license plate for use on all law
enforcement motor vehicles primarily operated by line law enforcement
personnel of the Department of Public Safety. These plates shall bear
the words "South Carolina," a number, and a prefix, `HP' or
`TP', to designate respectively the highway patrol or transport police.
The Department of Revenue shall not issue these prefixes for use on any
motor vehicles except those operated by the Department of Public
Safety."
SECTION 328. Section 56-5-1520(f) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(f) Five dollars of the fines listed in subsection (d)(3) and (4)
must be credited to the state general fund deposited into the
`Law Enforcement Enhancement Account' in the office of the State
Treasurer. In expending the funds credited to the state general
fund deposited in the account under subsection (d), the
department first shall Director of the Department of Public
Safety must consider the need for (1) additional
highway patrolmen troopers and officers, (2) pay shift
differential for troopers and officers, and (3) continuing education and
training for troopers and officers."
SECTION 329. To honor and recognize the history and heritage of this
State and the many contributions of its diverse citizenry, it is necessary
and appropriate to codify the placement of certain symbols on the
Capitol Complex and within the State House which salute the
contributions and sacrifices to our constitutional history. Effective July
21, 1994, and continuously thereafter, the Confederate Flag atop the
State House must be relocated as provided in this section.
The South Carolina infantry battle flag of the Confederate States of
America [the Battle Flag of the Army of Northern Virginia (General
Robert E. Lee's Army)] shall be displayed at the Confederate Soldier's
Monument on the State House grounds. This flag is square with a St.
Andrews Cross of blue, edged with white, with thirteen equal
five-pointed stars, upon a red field; with the whole banner bordered in
white. The total outside measurement of the flag is to be fifty-two
inches square, inclusive of the white border. The blue arms of the cross
are 7.5 inches wide and the white border around the flag proper is 1.5
inches wide. The stars are five-pointed, inscribed within a circle six
inches in diameter, and are uniform in size. This flag may be larger than
described above as may be aesthetically necessary.
The First National Flag of the Confederacy (Stars and Bars) shall be
displayed at the Women's Monument to the Confederacy on the State
House grounds and shall measure approximately three feet by five feet
or larger as aesthetically required.
The Division of General Services of the Budget and Control Board,
or its successor in interest, shall ensure that the flags authorized above
shall be placed at all times as directed in this section and shall replace
the flags at appropriate intervals as may be necessary due to wear. The
respective flags may only be removed during times of renovation and/or
repair of the State House and the flags shall be returned upon completion
of any such work.
SECTION 330. A Civil Rights Monument Commission is hereby
created to design and establish an appropriate monument and flags to be
placed on the grounds of the Capitol Complex to honor and recognize
the efforts made to afford and guarantee equal rights and opportunities
for all South Carolinians irrespective of race or ethnic origin. The
commission is empowered and directed to raise private funds, to receive
gifts and grants to carry out the purpose for which it is created, and to
designate the location of the monument. The commission shall
designate the location of the monument by the placement of an
appropriate flag. By April 15, 1995, the commission shall report the
proposed design and location of the monument to the General Assembly
for approval. Upon the dedication of this monument, the commission
shall dissolve. Upon dissolution, the State shall ensure proper
maintenance of the monument as is done for other historical monuments
on the grounds of the Capitol Complex.
Three members must be appointed by the President Pro Tempore of
the Senate and three members must be appointed by the Speaker of the
House of Representatives. Notwithstanding Section 8-13-770, members
of the General Assembly may be appointed to this commission. The
President Pro Tempore and the Speaker of the House of Representatives
shall appoint a seventh member as chairman who shall vote only in cases
of a tie.
Members of the commission may receive per diem and subsistence
from the respective approved accounts of each body while attending
meetings of the commission. All other expenses relating to the
establishment and placement of the monument shall be paid for from
funds derived as provided in the first paragraph of this section.
SECTION 331. No monument, marker, or memorial located on public
property of the State or its political subdivisions or any street, highway,
or park honoring the memory of the Confederacy or individuals who
served in the Confederate Army, Navy, and Marine Corps or the Women
of the Confederacy or the memory of the civil rights struggle or
individuals who participated in such struggle may be removed or
renamed without two-thirds vote of each branch of the General
Assembly.
SECTION 332. As provided by the rules of the respective bodies, a
statement shall be placed in the Journals of the House of Representatives
and the Senate explaining the heritage represented by the Battle Flags
of the Confederacy as military banners and that they are displayed as
such and are not racist emblems per se.
SECTION 333. 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, 56-1-221(A), 57-3-130, 57-3-140, 57-3-150,
57-3-160, 57-3-170, 57-3-180, and 57-3-190 take effect July 1, 1994.
(2) Sections 1-3-240(C)(2), 12-4-30(C), 12-4-40, 12-4-50, 12-4-60,
12-4-70, 12-4-760, 12-37-2680, and 12-43-300 take effect February 1,
1995.
(3) 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.
(4) Section 12-4-75, SECTIONS 333, 334, and 335 take effect July
1, 1996.
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