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H 4379 Session 112 (1997-1998)
H 4379 General Bill, By Wilkins, Harrison, Jennings, Knotts, W. McLeod, Meacham,
Riser, Robinson, Sandifer, Stille and Stuart
A BILL TO AMEND SECTION 1-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET
AND CONTROL BOARD, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT.-SHORT
TITLE
12/17/97 House Prefiled
12/17/97 House Referred to Committee on Judiciary
01/13/98 House Introduced and read first time HJ-36
01/13/98 House Referred to Committee on Judiciary HJ-49
A BILL
TO AMEND SECTION 1-11-310, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, 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 1-30-35, 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; 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
12-13-240, 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 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; 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; SECTIONS 12-21-2772,
12-21-2778, 12-21-2780, 12-21-2784, 12-21-2786, 12-21-2788,
12-21-2793, 12-21-2802, AND 12-21-2804, RELATING TO THE
VIDEO GAMES MACHINES ACT, SO AS TO CONFORM
REFERENCES TO THE RESTRUCTURING ACT; TO AMEND
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 DEPARTMENT OF REVENUE; 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 CONFORM REFERENCES TO THE DEPARTMENT
OF WILDLIFE AND MARINE RESOURCES TO THE
RESTRUCTURING ACT; SECTION 12-27-400, AS AMENDED,
RELATING TO THE USE OF "C" FUNDS, SO AS TO
CHANGE REFERENCES TO THE TAX COMMISSION TO THE
DEPARTMENT OF REVENUE; 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 12-36-2570, AS
AMENDED, RELATING TO THE TIME OF PAYMENT OF
SALES AND USE TAX, SO AS TO CHANGE REFERENCES TO
THE TAX COMMISSION TO THE DEPARTMENT OF
REVENUE; SECTION 12-36-2610, AS AMENDED, RELATING
TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF
THE SALES TAX, SO AS TO CHANGE A REFERENCE TO THE
TAX COMMISSION TO THE DEPARTMENT OF REVENUE;
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 THE TAX COMMISSION TO THE
DEPARTMENT OF REVENUE; SECTION 13-17-40, AS
AMENDED, RELATING TO THE BOARD OF THE SOUTH
CAROLINA RESEARCH AUTHORITY, SO AS TO CONFORM
A REFERENCE TO THE FORMER CHAIRMAN OF THE STATE
DEVELOPMENT BOARD TO THE RESTRUCTURING ACT;
SECTION 15-9-285, AS AMENDED, RELATING TO SERVICE
OF PROCESS BY THE CHIEF INSURANCE COMMISSIONER
ON UNAUTHORIZED INSURERS, SO AS TO CONFORM
REFERENCES TO THE COMMISSIONER TO THE
RESTRUCTURING ACT; 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 A REFERENCE TO THE
BOARD OF CORRECTIONS TO THE DEPARTMENT 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
CONFORM A REFERENCE TO THE COMMISSIONER TO THE
RESTRUCTURING ACT; SECTION 17-25-145, RELATING TO
IMPLEMENTATION OF COMMUNITY PENALTIES PROGRAM,
SO AS TO CONFORM THE NAME OF THE DEPARTMENT OF
PAROLE AND COMMUNITY CORRECTIONS TO THE
RESTRUCTURING ACT; SECTION 17-25-370, RELATING TO
EXECUTION OF DEATH SENTENCE, SO AS TO CONFORM A
REFERENCE TO THE COMMISSIONER OF THE
DEPARTMENT OF CORRECTIONS TO THE RESTRUCTURING
ACT AND TO CORRECT AN OBSOLETE REFERENCE;
SECTION 17-25-400, RELATING TO SERVICE OF NOTICE ON
PRISONER, SO AS TO CONFORM A REFERENCE OF THE
COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS
TO CONFORM TO THE RESTRUCTURING ACT; SECTION
20-7-2020, RELATING TO APPROVAL OF AGREEMENTS
UNDER THE INTERSTATE COMPACT ON THE PLACEMENT
OF CHILDREN, SO AS TO CONFORM A REFERENCE TO THE
ADMINISTRATIVE HEAD OF THE DEPARTMENT OF SOCIAL
SERVICES TO CONFORM TO THE RESTRUCTURING ACT;
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 20-7-2640, AS AMENDED,
RELATING TO THE INTERSTATE COMPACT FOR ADOPTION
AND MEDICAL ASSISTANCE, MEDICAL ASSISTANCE
IDENTIFICATION, BENEFITS, AND EXCEPTIONS, SO AS TO
CLARIFY THAT A REFERENCE TO "THE
DEPARTMENT" MEANS THE DEPARTMENT OF SOCIAL
SERVICES; SECTION 20-7-5910, AS AMENDED, RELATING TO
THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO
AS TO REVISE THE NAMES OF CERTAIN STATE AGENCIES
AND THE TITLES OF CERTAIN ADMINISTRATIVE HEADS OF
STATE AGENCIES TO CONFORM TO THE RESTRUCTURING
ACT; SECTION 23-4-20, RELATING TO CRIMINAL JUSTICE
COMMITTEES AND PROGRAMS OF THE OFFICE OF THE
GOVERNOR, SO AS TO CONFORM A REFERENCE TO THE
DIVISION OF PUBLIC SAFETY PROGRAMS TO CONFORM TO
THE RESTRUCTURING ACT; 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
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 24-1-10 RELATING TO THE MEANING OF
REFERENCES TO THE STATE PENITENTIARY AND TO THE
ADMINISTRATIVE HEAD OF THE DEPARTMENT OF
CORRECTIONS, SO AS TO CONFORM REFERENCES TO THE
RESTRUCTURING ACT; SECTION 24-13-730, RELATING TO
PROGRAM CHANGES SUBJECT TO APPROPRIATIONS BY
THE GENERAL ASSEMBLY, SO AS TO REVISE CODE
SECTIONS; SECTION 24-22-30, RELATING TO ELIGIBILITY
TO PARTICIPATE IN THE OFFENDER MANAGEMENT
SYSTEM, SO AS TO CHANGE A REFERENCE TO THE BOARD
OF PROBATION, PAROLE AND PARDON SERVICES TO THE
DEPARTMENT OF PROBATION, PAROLE, AND PARDON
SERVICES; TO AMEND SECTION 24-22-150, RELATING TO
FUNDING REQUIRED, SO AS TO CHANGE THE REFERENCE
OF COMMISSIONER TO DIRECTOR; SECTION 24-23-30, AS
AMENDED, 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; 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 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 CHANGE A REFERENCE FROM THE TAX
COMMISSION TO THE DEPARTMENT OF REVENUE;
SECTION 33-39-250, RELATING TO THE POWERS OF
COUNTY BUSINESS DEVELOPMENT CORPORATIONS, SO AS
TO CHANGE A REFERENCE TO THE STATE DEVELOPMENT
BOARD; SECTION 37-4-107, RELATING TO THE SOUTH
CAROLINA CONSUMER PROTECTION CODE AND THE
MAXIMUM CHARGE BY A CREDITOR FOR INSURANCE, SO
AS TO DELETE A REFERENCE TO INSURANCE
COMMISSIONER AND SUBSTITUTE DEPARTMENT OF
INSURANCE; SECTION 37-4-108, RELATING TO THE SOUTH
CAROLINA CONSUMER PROTECTION CODE, INSURANCE,
AND A REQUIRED REFUND OR CREDIT, SO AS TO DELETE
REFERENCES TO INSURANCE COMMISSIONER AND
SUBSTITUTE DEPARTMENT OF INSURANCE; SECTION
37-4-111, RELATING TO THE SOUTH CAROLINA CONSUMER
PROTECTION CODE, INSURANCE, AND COOPERATION
BETWEEN THE ADMINISTRATOR OF THESE PROVISIONS OF
LAW AND THE CHIEF INSURANCE COMMISSIONER, SO AS
TO DELETE REFERENCES TO INSURANCE COMMISSIONER
AND REPLACE THEM WITH APPROPRIATE REFERENCES TO
THE DIRECTOR OF THE DEPARTMENT OF INSURANCE;
SECTION 37-4-112, RELATING TO THE SOUTH CAROLINA
CONSUMER PROTECTION CODE, INSURANCE, AND
ADMINISTRATIVE ACTION OF THE CHIEF INSURANCE
COMMISSIONER, SO AS TO CHANGE REFERENCES TO
INSURANCE COMMISSION TO DIRECTOR OF THE
DEPARTMENT OF INSURANCE; SECTION 37-4-203, AS
AMENDED, RELATING TO THE SOUTH CAROLINA
CONSUMER PROTECTION CODE, CONSUMER CREDIT
INSURANCE, AND THE FILING AND APPROVAL OF RATES
AND FORMS, SO AS TO DELETE REFERENCES TO
INSURANCE COMMISSIONER AND REPLACE THEM WITH
APPROPRIATE REFERENCES TO THE DEPARTMENT OF
INSURANCE AND THE DIRECTOR OF THE DEPARTMENT OF
INSURANCE; 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; 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 OF INSURANCE AND SUBSTITUTE THE
DIRECTOR OF THE DEPARTMENT OF INSURANCE; SECTION
38-87-40, AS AMENDED, RELATING TO INSURANCE,
OUT-OF-STATE CHARTERED RISK RETENTION GROUPS,
AND REQUIREMENTS FOR DOING BUSINESS IN THE STATE,
SO AS TO CHANGE CERTAIN REFERENCES; CHAPTER 23 OF
TITLE 39, RELATING TO ADULTERATED, MISBRANDED, OR
NEW DRUGS AND DEVICES, SO AS TO UPDATE THE TITLE
OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF
HEALTH AND ENVIRONMENTAL CONTROL AND OTHER
REFERENCES IN THE CHAPTER; 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 40-25-40, 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 40-47-140, AS AMENDED,
RELATING TO MINIMUM STANDARDS TO BE OBTAINED ON
EXAMINATION REQUIRED BY THE BOARD OF MEDICAL
EXAMINERS, SO AS TO CHANGE A REFERENCE FROM THE
STATE MENTAL RETARDATION DEPARTMENT TO THE
DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS;
SECTIONS 41-10-80, AS AMENDED, 41-13-25, AS AMENDED,
41-13-60, 41-15-100, AS AMENDED, 41-15-220, AS AMENDED,
41-15-230, 41-15-240, AS AMENDED, 41-15-250, 41-15-260, AS
AMENDED, 41-15-270, AS AMENDED, 41-15-280, 41-15-290,
AS AMENDED, 41-15-300, 41-15-310, AS AMENDED, 41-15-320,
AS AMENDED, 41-15-520, AS AMENDED, 41-16-20, AS
AMENDED, 41-16-40, AS AMENDED, 41-16-50, 41-16-60,
41-16-70, 41-16-80, 41-16-90, 41-16-100, AS AMENDED,
41-16-110, AS AMENDED, 41-16-120, 41-16-130, 41-16-140, AS
AMENDED, 41-16-150, 41-16-160, 41-16-180, AS AMENDED,
41-17-10, AS AMENDED, 41-17-20, 41-18-40, AS AMENDED,
41-18-50, 41-18-60, AS AMENDED, 41-18-70, 41-18-80,
41-18-100, 41-18-110, 41-18-120, ALL AS AMENDED, 41-18-130,
41-18-150, AS AMENDED, 41-21-20, AS AMENDED, 41-21-70,
41-21-80, 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
DELETE A REFERENCE TO CHIEF INSURANCE
COMMISSIONER AND SUBSTITUTE DIRECTOR OF THE
DEPARTMENT OF INSURANCE OR HIS DESIGNEE; SECTION
42-5-130, RELATING TO THE PROCEDURE TO BE FOLLOWED
UPON THE WITHDRAWAL OF A WORKERS'
COMPENSATION CARRIER FROM THE STATE, SO AS TO
DELETE A REFERENCE TO CHIEF INSURANCE
COMMISSIONER AND SUBSTITUTE DIRECTOR OF THE
DEPARTMENT OF INSURANCE OR HIS DESIGNEE; SECTION
42-5-230, RELATING TO WORKERS' COMPENSATION AND
THE MANNER IN WHICH NOTICE TO THE INSURANCE
CARRIER MUST BE GIVEN, SO AS TO DELETE A
REFERENCE TO CHIEF INSURANCE COMMISSIONER AND
REPLACE IT WITH A REFERENCE TO DIRECTOR OF THE
DEPARTMENT OF INSURANCE OR HIS
DESIGNEE; 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; SECTIONS 43-7-410, AS AMENDED, 43-7-420,
43-7-430, AND 43-7-440, AS AMENDED, RELATING TO
ASSIGNMENT AND SUBROGATION OF CLAIMS FOR
REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO
DELETE REFERENCES TO THE STATE HEALTH AND
HUMAN SERVICES FINANCE COMMISSION AND
SUBSTITUTE SOUTH CAROLINA DEPARTMENT OF HEALTH
AND HUMAN SERVICES; TO AMEND SECTION 43-35-310,
RELATING TO THE ADULT PROTECTION COORDINATING
COUNCIL, SO AS TO REVISE THE NAME OF THE MEMBER
AGENCIES AND ADMINISTRATIVE TITLES; TO AMEND
SECTION 44-1-50, AS AMENDED, RELATING TO THE BOARD
OF HEALTH AND ENVIRONMENTAL CONTROL HEARING
APPEALS FROM THE DECISIONS OF AN ADMINISTRATIVE
LAW JUDGE, SO AS TO CORRECT CERTAIN CITATIONS TO
PROVISIONS OF THE 1976 CODE CONTAINED IN THIS
SECTION; SECTION 44-2-75, AS AMENDED, RELATING TO
THE STATE UNDERGROUND PETROLEUM
ENVIRONMENTAL RESPONSE BANK ACT OF 1988 AND
INSURANCE POOLS, SO AS TO MAKE A TECHNICAL
CORRECTION WITH RESPECT TO A REFERENCE TO THE
DEPARTMENT OF INSURANCE; SECTION 44-6-5, AS
AMENDED, RELATING TO THE DEPARTMENT OF HEALTH
AND HUMAN SERVICES, SO AS TO DELETE A REFERENCE
TO COMMISSION AND SUBSTITUTE FOR IT DEPARTMENT
UNDER THE DEFINITION OF MARKET BASKET INDEX;
SECTION 44-6-140, 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
DEPARTMENT OF HEALTH AND HUMAN SERVICES;
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, AS AMENDED,
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 48-9-30, AS
AMENDED, RELATING TO DEFINITIONS PERTAINING TO
SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO
DEFINE THE ADVISORY COUNCIL; BY ADDING SECTIONS
48-9-215 AND 48-9-225 SO AS TO ESTABLISH AND PROVIDE
FOR THE STATE LAND RESOURCES COUNCIL AND
CONSERVATION DISTRICTS ADVISORY COUNCIL; AND TO
REPEAL SECTION 48-9-230, RELATING TO THE ADVISORS
TO THE STATE LAND RESOURCES CONSERVATION
COMMISSION; 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; SECTION 48-9-1850, AS AMENDED, RELATING TO
HEARINGS AND ACTION BY THE BOARDS, SO AS TO
CLARIFY REFERENCES TO THE BOARDS; SECTION
48-39-210, AS AMENDED, RELATING TO CRITICAL AREA
DELINEATIONS, SO AS TO REVISE THE NAME OF THE
COASTAL COUNCIL; 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
50-3-510, 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 50-5-110, 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 50-17-730, 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
TO THE PROVISIONS OF THE RESTRUCTURING ACT;
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 56-1-221, RELATING TO A MEDICAL ADVISORY
BOARD TO THE DEPARTMENT OF REVENUE AND
TAXATION, SO AS TO CONFORM REFERENCES TO ACT 181
OF 1993, RESTRUCTURING OF STATE GOVERNMENT;
SECTION 57-5-1340, RELATING TO POWERS AND DUTIES OF
THE DEPARTMENT OF TRANSPORTATION REGARDING
TURNPIKES, SO AS TO CHANGE REFERENCES OF THE
DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION TO THE DEPARTMENT OF
TRANSPORTATION; 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 59-63-31, 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.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 1-11-310(F) of the 1976 Code is amended to
read:
"(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 2. 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 3. 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 4. Section 2-7-73(A) of the 1976 Code, as last amended
by Section 22 of 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 5. 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, 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 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, 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 6. Section 2-13-240(a) of the 1976 Code is 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 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; 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 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 7. 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 8. 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 9. 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 10. 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 must be retired no later
than the end of the fiscal year in which they reach their sixty-fifth
birthday."
SECTION 11. 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 12. Section 11-9-825, as last amended by Section 90 of
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 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 13. 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 14. Items (2) and (5) of Section 12-21-2772 of the 1976
Code, as added by Section 19, Part II, Act 164 of 1993, are amended
to read:
"(2) 'Commission Department' means the
South Carolina Tax Commission Department of
Revenue.
(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."
SECTION 15. Sections 12-21-2778 and Section 12-21-2880 of the
1976 Code, as added by Section 19A, Part II, Act 164 of 1993, are
amended to read:
"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 16. Sections 12-21-2784, 12-21-2786, 12-21-2788,
12-21-2793, and 12-21-2802, all of the 1976 Code, as added by
Section 19A, Part II, Act 164 of 1993, are amended to read:
"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 12-21-2793. 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 12-21-2802. 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 17. Subsections (A), (D), and (F) of Section 12-21-2804
of the 1976 Code, as added by Section 19A, Part II, Act 164 of 1993,
are amended to read:
"(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 during
the period of July 1, 1994, and July 1, 1995, no person shall 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.
(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.
(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 18. Section 12-21-5020(4) of the 1976 Code, as added
by Section 70A, Part II, Act 164 of 1993, is amended to read:
"(4) 'Commission 'Department' means the
South Carolina Tax Commission Department of
Revenue."
SECTION 19. Section 12-21-5030 of the 1976 Code, as added by
Section 70A, 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 20. Section 12-21-5040 of the 1976 Code, as added by
Section 70A, 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 21. Section 12-21-6010 of the 1976 Code, as added by
Section 70A, 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 22. Section 12-21-6040 of the 1976 Code, as added by
Section 70A, Part II, Act 164 of 1993, is amended to read:
"Section 12-21-6040. (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.
(B) A person who violates this section 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.
(C) This section does not prohibit the commission
department from publishing statistics that do not disclose the
identity of dealers or the contents of particular returns or
reports."
SECTION 23. Section 12-21-6050 of the 1976 Code, as added by
Section 70A, 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 24. Section 12-27-390 of the 1976 Code, as last amended
by Section 15A, 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 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 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 25. Section 12-27-400(A)(3) of the 1976 Code, as last
amended by Section 17A, Part II, Act 497 of 1994, is further
amended to read:
"(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
Transportation. The Department of Revenue and Taxation
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 Department of Revenue
and Taxation shall submit the percentage of the total
represented by each county to the Department of Transportation and
to each county transportation committee by the twenty-fifth day of
the month following the end of the calendar quarter."
SECTION 26. Section 12-27-1270 of the 1976 Code, as last
amended by Section 49C, Part II, Act 145 of 1995, 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
Advisory 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.
All interest earnings on the Economic Development Account must
be credited to the State Highway Fund."
SECTION 27. 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 28. 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 29. 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 30. 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 31. Section 15-9-285 of the 1976 Code, as last amended
by Act 366 of 1988, is further amended to read:
"Section 15-9- 285. (a) The issuance and delivery of a
policy of insurance or contract of insurance or indemnity to any
person in this State or the collection of a premium thereon
on it by an insurer not licensed in this State, as required,
irrevocably constitutes the Chief Insurance Commissioner, and his
successors in office, Director of the Department of Insurance
or his designee the true and lawful attorney in fact upon whom
service of any and all processes, pleadings, actions, or suites arising
out of the policy or contract in behalf of the insured may be made.
(b) Service of process in the action is made by delivering to and
leaving with the Chief Insurance Commissioner director,
or his designee, or some person in apparent charge of his office
two copies of it and by payment to the Chief Insurance
Commissioner director or his designee of a fee of ten
dollars, of which five dollars must be retained by the Chief
Insurance Commissioner director or his designee to
offset the costs he incurs in service of process and of which five
dollars must be deposited to the credit of the general fund of the
State.
(c) The Chief Insurance Commissioner director or his
designee shall immediately shall mail by
registered mail one of the copies of the process to the defendant at its
last known principal place of business and shall keep a record of all
process serviced upon him. The service of process is sufficient if:
(1) notice of the service and a copy of the process are sent
within ten days thereafter after that time by
registered mail by the plaintiff's attorney to the defendant at its last
known principal place of business; and
(2) the defendant's receipt or a receipt issued by the post office
with which the letter is registered, showing the name of the sender of
the letter and the name and address of the person to whom the letter
is addressed, and the affidavit of the plaintiff's attorney showing
compliance herewith with it are filed with the clerk
of court in which the action is pending by the date the defendant is
required to appear or within such further time as the
court may allow.
(d) No plaintiff is entitled to a judgment by default, a judgment
with leave to prove damages, or a judgment pro confesso under this
section until the expiration of thirty days from the date of filing of the
affidavit of compliance.
(e) Nothing in this section limits or abridges the right to serve
any process, notice, order, or demand upon any person or insurer in
any other manner permitted by law."
SECTION 32. 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 33. 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 61-12-20 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 34. 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 35. 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 36. 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 Department of Corrections 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 37. 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 38. 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. An
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 39. 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 40. Section 20-7-2640(C) of the 1976 Code, as last
amended by Section 306 of 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 41. Section 20-7-5910(A) of the 1976 Code, as last
amended by Act 502 of 1994, is further 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 South Carolina 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;
(14) a forensic pathologist; and
(15) two members of the public at large, one of which must
represent a private nonprofit organization that advocates
children children's services."
SECTION 42. Section 23-4-20 of the 1976 Code is amended to
read:
"Section 23-4-20. As used in this chapter:
(A)(1) 'Committee' means the Governor's
Committee on Criminal Justice, Crime and Delinquency.
(B)(2) 'Advisory Council' means the Juvenile
Justice Advisory Council.
(C)(3) 'J.P.C.' means the Judicial Planning
Committee.
(D)(4) 'Office' means the Division of Public
Safety Programs, Office of the Governor Department
of Public Safety, unless the context indicates otherwise.
(E)(5) '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 43. 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)(1) Commissioner Director,
South Carolina Department of Corrections;
(B)(2) Executive Director, South Carolina
Department of Parole and Community Corrections
Probation, Parole, and Pardon Services;
(C)(3) Chief, State South
Carolina Law Enforcement Division;
(D)(4) State Attorney General;
(E)(5) Commander, State Highway Patrol
Director, Department of Public Safety;
(F)(6) Commissioner Director,
South Carolina Department of Youth Services Juvenile
Justice;
(G)(7) Director, South Carolina Office of Court
Administration;
(H)(8) Chief Justice, South Carolina Supreme
Court;
(I)(9) Director, South Carolina Commission
on Department of Alcohol and Other Drug
Abuse Services;
(J) Executive Director, South Carolina Criminal Justice
Academy;
(K)(10) 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 44. 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 South Carolina Law Enforcement
Division;"
SECTION 45. Section 24-1-10 of the 1976 Code is amended to
read:
"Section 24-1-10. Wherever in the Code of Laws of South
Carolina, 1976, reference is made to the State Penitentiary or
Penitentiary, it shall mean means the Department of
Corrections or an institution of the Department of Corrections; and
wherever reference is made to the Director
Commissioner of the Department of Corrections, it shall
mean Commissioner means the Director of the
Department of Corrections."
SECTION 46. 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,
24-13-1310, 24-13-1320, 24-13-1330, 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 47. 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 48. 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 49. Section 24-23-30 of the 1976 Code, as last amended
by Act 83 of 1995, is further amended to read:
"Section 24-23-30. The community corrections plan must
include, but is not limited to, describing the following
community-based program needs:
(1) an intensive supervision program for probationers, and
parolees, and supervised prisoners who require more than average
supervision;
(2) a supervised inmate furlough or community supervision
program whereby inmates under the jurisdiction of the Department
of Corrections can be administratively transferred to the supervision
of state probation agents for the purposes of prerelease preparation,
securing employment and living arrangements, or obtaining
rehabilitation services;
(3) a contract rehabilitation services program whereby private and
public agencies, such as the Department of Vocational Rehabilitation,
the Department of Mental Health, and the various county
commissions on alcohol and drug abuse, provide diagnostic and
rehabilitative services to offenders who are under the board's
Department of Probation, Parole, and Pardon Services
jurisdiction;
(4) 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, parole, or community supervision;
(5) expanded use of presentence investigations and their role and
potential for increasing the use of community-based programs,
restitution, and victim assistance; and
(6) identification of programs for youthful and first
offenders."
SECTION 50. 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 51. 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 52. Section 31-13-30 of the 1976 Code, as redesignated
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 53. 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 54. 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 law, 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 55. 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
State Development 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 56. Section 37-4-107(1) of the 1976 Code is amended to
read:
"(1) Except as provided in subsection (2), if a creditor
contracts for or receives a separate charge for insurance, the amount
charged to the debtor for the insurance may not exceed the premium
to be charged by the insurer, as computed at the time the charge to
the debtor is determined, conforming to any rate filings required by
law and made by the insurer with the Insurance
Commissioner Department of Insurance."
SECTION 57. Section 37-4-108(4) of the 1976 Code is amended to
read:
"(4) A refund or credit required by subsection (3) is
appropriate as to amount if it is computed according to a method
prescribed or approved by the Insurance Commissioner
Department of Insurance or a formula filed by the insurer
with the Insurance Commissioner Department of
Insurance at least thirty days before the debtor's right to a refund
or credit becomes determinable, unless the method or formula is
employed after the Insurance Commissioner Department
of Insurance notifies the insurer that he it
disapproves it. The rule of 78's or sum of the digits method is a
proper method of computing refunds."
SECTION 58. Section 37-4-111 of the 1976 Code is amended to
read:
"Section 37-4-111. The administrator and the Insurance
Commissioner Director of the Department of Insurance or his
designee are authorized and directed to consult and assist one
another in maintaining compliance with this chapter. They
may jointly may pursue investigations, prosecute
suits, and take other official action, as may seem to them appropriate,
if either of them is otherwise empowered to take the action. If the
administrator is informed of a violation or suspected violation by an
insurer of this chapter, or of the insurance laws, rules, and regulations
of this State, he shall advise the Insurance Commissioner
Director of the Department of Insurance of the
circumstances."
SECTION 59. Section 37-4-112 of the 1976 Code is amended to
read:
"Section 37-4-112. (1) To the extent that his responsibility
under this chapter requires, the Insurance Commissioner
Director of the Department of Insurance shall issue rules
with respect to insurers, and with respect to refunds (Section
37-4-108), forms, schedules of premium rates, and charges
(Section 37-4-203), and his approval or disapproval thereof
of them and, in case of violation, may make an order for
compliance.
(2) Each provision of the part on administrative procedures and
judicial review (part 4) of the chapter on administration (Chapter 6)
which applies to and governs administrative action taken by the
administrator also applies to and governs all administrative action
taken by the Insurance Commissioner Director of the
Department of Insurance pursuant to this section."
SECTION 60. Section 37-4-203 (1), (2), and (3) of the 1976 Code
are amended to read:
"(1) A creditor may not use a form or a schedule of
premium rates or charges, the filing of which is required by this
section, if the Insurance Commissioner Director of the
Department of Insurance or his designee has disapproved the
form or schedule and has notified the insurer of his disapproval. A
creditor may not use a form or schedule unless both of the
following apply:
(a) The form or schedule has been on file with the Insurance
Commissioner Department of Insurance for ninety
days, or has earlier been approved earlier by
him the Director of the Department of Insurance;
and.
(b) The insurer has complied with this section with respect to
the insurance.
(2) Except as provided in subsection (3), all policies, certificates
of insurance, notices of proposed insurance, applications for
insurance, endorsements, and riders relating to consumer
credit insurance, other than life insurance, delivered or issued for
delivery in this State, and the schedule of premium rates or charges
pertaining thereto to them, shall
must be filed by the insurer with the Insurance
Commissioner Department of Insurance. Within ninety
days after the filing of any a form or schedule,
he the Director of the Department of Insurance or his
designee shall disapprove it if the premium rates or charges are
unreasonable in relation to the benefits provided under the form, or
if the form contains provisions which are unjust, unfair, inequitable
or deceptive, or encourage misrepresentation of the coverage, or are
contrary to any a provision of the Insurance Code or
of any a rule or regulation promulgated
thereunder under it.
(3) If a group policy has been delivered in another state, the forms
to be filed by the insurer with the Insurance Commissioner
Department of Insurance are the group certificates and
notices of proposed insurance. He The Director of the
Department of Insurance or his designee shall approve them if
both of the following apply:
(a) They provide the information that would be required if the
group policy were delivered in this State; and.
(b) The applicable premium rates or charges do not exceed
those established by his rules or regulations."
SECTION 61. Section 38-73-1380 of the 1976 Code, as last
amended by Section 783 of 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 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 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 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 62. Section 38-81-270 of the 1976 Code, as last amended
by Section 835 of Act 181 of 1993, is further amended to read:
"Section 38-81-270. The director 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 director 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 or his designee also shall obtain statistical data
in respect to the costs of compensating victims of legal professional
liability. The director 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 63. Section 38-87-40(1)(c) of the 1976 Code, as last
amended by Section 840 of Act 181 of 1993, is further amended to
read:
"(c) A statement of registration and a notice designating the
commissioner director or his designee as agent for
the purpose of receiving service of legal documents or process must
be submitted on such forms as the director or his
designee may prescribe or approve."
SECTION 64. Section 38-87-40(6) of the 1976 Code, as last
amended by Section 840 of Act 181 of 1993, is further amended to
read:
"(6) Examination Regarding Financial Condition. A risk
retention group shall submit to an examination by the director
commissioner or his designee to determine its financial
condition if the director or his designee
commissioner of the jurisdiction in which the group is
chartered and licensed has not initiated an examination or does not
initiate an examination within sixty days after a request by the
director or his designee of this State. The examination must be
coordinated to avoid unjustified repetition and must be conducted in
an expeditious manner and in accordance with the National
Association of Insurance Commissioners' Examiner's
Handbook."
SECTION 65. Chapter 23, Title 39 of the 1976 Code is 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 44-53-590.
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)(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)(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)(C) An application provided for in subsection
(b)(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)(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)(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)(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)(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)(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)(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)(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 of this section 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)(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)(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)(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)(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 for deposit in the state general
fund. 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)(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)(F) In the case of For removal
for trial of any a case as provided by subsection
(a)(A) or (b)(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 66. Section 40-15-210 of the 1976 Code, as last amended
by Section 884 of Act 181 of 1993, is further 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 67. 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 68. Section 40-47-140 of the 1976 Code, as last amended
by Act 432 of 1990, is further amended 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 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 69. Section 41-10-80 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 41-10-80. (A) Any An employer
who violates the provisions of Section 41-10-30 must be given a
written warning by the 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 An 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 A civil action for
the recovery of wages must be commenced within three years after
the wages become due.
(D) The Director of the Department of Labor, Licensing and
Regulation or his designee shall promulgate regulations to establish
a procedure for administrative review of any civil penalty assessed by
the commissioner director."
SECTION 70. Section 41-13-25 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 41-13-25. (A) As determined by the 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 director 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 71. 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 72. Section 41-15-100 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 41-15-100. The 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
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 promptly shall 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
shall also must 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 these hazards in order to
determine most effectively determine whether the
health of such the employees is adversely affected by
such the exposure. The results of 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 such If the medical examinations or
other tests are in the nature of research, such the
examinations may be furnished at the expense of the Division of
Labor. The results of such the examinations or tests
shall must be furnished only to the Director of the
Department of Labor, Licensing and Regulation or his designee and,
at the request of the employee, to his physician."
SECTION 73. Section 41-15-220 of the 1976 Code, as last amended
by Act 377 of 1992, is further 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 74. 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 75. Section 41-15-240 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 41-15-240. Any affected employer may apply to the
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 the employer:
(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 76. 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 77. Section 41-15-260 of the 1976 Code, as last amended
by Act 181 of 1993, is further 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 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 Director of the Department of Labor,
Licensing and Regulation or his designee 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
Director of the Department of Labor, Licensing and Regulation or his
designee 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
11specified. 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 Director of Labor,
Licensing and Regulation or his designee 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 78. Section 41-15-270 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 41-15-270. The 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 79. 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 80. Section 41-15-290 of the 1976 Code, as last amended
by Act 181 of 1993, is further 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 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 the 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 Director of the Department of Labor, Licensing and
Regulation or his designee, or his authorized representative
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 81. 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 82. Section 41-15-310 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 41-15-310. The Director of the Department of
Labor, Licensing and Regulation or his designee shall promulgate
regulations as may be necessary to establish a procedure for
administrative review before the Commissioner
director or his authorized representative or representatives
for any employer or employee or employee's representative affected
or aggrieved by (1) any act of the Commissioner
director, (2) any citation issued by the
Commissioner director, (3) any penalty
assessed by the Commissioner director, or (4)
any period of abatement set by the Commissioner
director.
Any employer, or employee or their representatives
has the right to appear as a party in any review proceedings before
the Commissioner director or his authorized
representative or representatives by giving written notice to the
Director of Labor, Licensing and Regulation or his designee within
twenty days of the act or receipt of citation, or notice of the
penalty or period of abatement.
Within a reasonable time, the Commissioner
director shall make and serve in writing, upon each party, his
decision, which becomes final upon the thirtieth day after service
thereof.
Any employer or employee or their representative or representatives
aggrieved by any order or findings of the Commissioner
director may obtain a review of the order or findings by
petitioning the court of common pleas in the county where the
employer maintains his principal place of business or where the
violation is alleged to have occurred for a review of the order or
findings by proper service upon the Director of Labor, Licensing and
Regulation or his designee within thirty days after service upon the
party of the decision of the Commissioner director.
The commencement of proceedings under this section shall
not, unless ordered by the court, do not operate as a stay
of the order of the Commissioner director. No
objection that has not been urged before the Commissioner
director shall may be considered by the
court.
Notwithstanding the above provisions of this section, on
October 1, 1983, or such later time as the South Carolina
Occupational Health and Safety Review Board is duly constituted,
the Director of Labor, Licensing, and Regulation or his designee shall
cease to provide administrative review pursuant to this section. All
matters pending before the Director of Labor, Licensing, and
Regulation or his designee pursuant to this section and the regulations
hereunder shall be transferred to the South Carolina Occupational
Safety and Health Review Board on October 1, 1983, or such later
time as it is duly constituted."
SECTION 83. Section 41-15-320 of the 1976 Code, as last amended
by Act 181 of 1993, 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 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 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 84. Section 41-15-520 of the 1976 Code, as last amended
by Act 181 of 1993, is further 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 85. Section 41-16-20(3), (4), (13), (14), (15), and (16) of
the 1976 Code, as last amended by Act 181 of 1993, are amended to
read:
"(3) 'Department Division' means the South
Carolina Division of Labor of the Department of Labor,
Licensing and Regulation.
(4) 'Commissioner Director' means the
Commissioner Director of the South Carolina
Division of Labor of the Department of Labor, Licensing and
Regulation or his designee or representative.
(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 86. Section 41-16-40 of the 1976 Code, as last amended
by Act 102 of 1993, is further 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, temporarily
decomissioned facilities, or dormant facilities.;
g. the reporting of accidents and injuries arising from the use
of facilities.;
h. qualifications for obtaining a special inspector's license,
revocation of a special inspector's license, disqualification of special
inspectors, and ethics of special inspectors.;
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 87. 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 88. 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 89. 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 90. 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 91. 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 92 . 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 93 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 94. 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 95. 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 96. The first paragraph of Section 41-16-140 of the 1976
Code is amended to read:
"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 97. 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 98. 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 99. 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 100. Section 41-17-10 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 41-17-10. The 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 101. 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 102. Section 41-18-40 (3), (11), and (12), of the 1976
Code, as last amended by Act 181 of 1993, are further amended to
read:
"(3) 'Commissioner Director' means the
Commissioner Director of the South Carolina
Division Department of Labor, Licensing and
Regulation or his designee or representative.
(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 103. 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 104. 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 105. 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 106. 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.
(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 107. 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 108. 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 109. 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 110. 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 111. Section 41-18-150 of the 1976 Code, as last
amended by Act 144 of 1993, is further amended to read:
"Section 41-18-150. 1. Any A person who
knowingly and wilfully operates an amusement device without:
(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; or
(d) complying with any other provision of this chapter or
regulation promulgated hereunder under this chapter
is subject to a civil penalty not to exceed two thousand dollars
per for each device for each day such
noncompliance under any of these items (a), (b), (c), or (d) of this
subsection 1 continues.
2. Any A person who operates an amusement
device without:
(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; or
(d) complying with any other provision of this chapter or
regulation promulgated hereunder under this chapter
is subject to a civil penalty not to exceed two thousand dollars for
each day such noncompliance under any of these items (a),
(b), (c), or (d) of this subsection 2 continues.
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 112. Section 41-21-20 of the 1976 Code, as last
amended by Act 181 of 1993, 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 shall subdivision 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 Director of the Department of
Labor, Licensing and Regulation or his designee, who shall serve ex
officio. The Director of the Department of Labor, Licensing and
Regulation or his designee 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
filled 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 113. 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 114. 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 115. 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 Division of State
Development of the Department of Commerce Board
shall serve ex officio and may designate persons to represent them at
meetings of the authority."
SECTION 116. 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 117. 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 118. 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 Director of the Department of Insurance or his
designee."
SECTION 119. Section 42-5-130 of the 1976 Code is amended to
read:
"Section 42-5-130. Upon the withdrawal of any
an insurance carrier that has any outstanding liability
under this title from doing business in this State, the
Chief Insurance Commissioner of South Carolina
Director of the Department of Insurance or his designee
shall immediately shall notify the
commission, and thereupon the commission shall
issue an award against such the insurance carrier and
commute the installments due any an injured
employee and immediately have such the award
docketed in the court of common pleas of the county in which the
claimant resides and the. The commission shall
then cause suit to be brought on such the
judgment in the state of the residence of any such an
insurance carrier, and the proceeds from such
the judgment, after deducting costs, if any, of the
proceeding, shall must be turned over to the injured
employee, taking from such the employee a proper
receipt in satisfaction of his claim."
SECTION 120. Section 42-5-230 of the 1976 Code is amended to
read:
"Section 42-5-230. Whenever by this chapter or the terms of
any a policy contract any an officer
is required to give any notice to an insurance carrier,
such the notice may be given by delivery or by
mailing, by registered letter properly addressed and stamped, to the
principal office or general agent of such the
insurance carrier within this State or to its home office or to the
secretary, general agent, or its chief officer
thereof in the United States or the Chief Insurance
Commissioner of South Carolina Director of the Department
of Insurance or his designee."
SECTION 121. 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 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 122. 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 123. 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 124. 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 125. Section 43-7-440 of the 1976 Code, as last
amended by Act 481 of 1994, is further amended to read:
"Section 43-7-440. (A) The Commission
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.
In enrolling a person or in making payments for benefits to a person
or on behalf of a person, no private insurer may take into account that
the person is eligible for or is provided medical assistance under a
State Plan for Medical Assistance pursuant to Title XIX of the Social
Security Act.
(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.
In a case where a third party has a legal liability to make payments
for medical assistance to or on behalf of a person, to the extent that
payment has been made under a State Plan for Medical Assistance
pursuant to Title XIX of the Social Security Act for health care items
or services furnished to the person, the State is considered to have
acquired the rights of the person to payment by any other party for
the health care items or services."
SECTION 126. 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 127. 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 128. Section 44-1-50 of the 1976 Code, as last amended
by Section 1032 of 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 129. The introductory portion of Section 44-2-75(C) of
the 1976 Code, as last amended by Section 1035 of 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
finds that the applicant or pool:"
SECTION 130. Section 44-6-5(4) of the 1976 Code is 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 131. Section 44-6-140(A)(2) of the 1976 Code is
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 132. Section 44-6-146(A) of the 1976 Code, as last
amended by Section 22K of Part II, Act 171 of 1991, 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 133. Section 44-6-170(B)(14) of the 1976 Code, as last
amended by Act 74 of 1995, is further amended to read:
"(14) the executive director or his designee of the
State Department of Health and Human Services;"
SECTION 134. Section 44-6-520 of the 1976 Code, as last
amended by Section 1068 of 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 135. 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 136. 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 137. 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 138. Section 44-7-90 of the 1976 Code, as last amended
by Section 73B, Part II, Act 145 of 1995, is further amended to read:
"Section 44-7-90. (A) Based on reports from the
State 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. Fines for nursing homes out of
compliance with their Medicaid Nursing Home Permit for years
before July 1, 1995, are waived. After June 30, 1995, a nursing home
that exceeds by more than ten percent the number of Medicaid patient
days stated in its permit must be fined based on the number of
Medicaid patient days exceeding the permit days times their daily
Medicaid per diem times thirty percent. A nursing home that fails to
provide at least ten percent fewer days than the number stated in its
permit must be fined based on the number of Medicaid patient days
under the permit days times their daily Medicaid per diem times
thirty percent. A fine assessed against a nursing home must be
deducted from the nursing home's Medicaid reimbursement. Appeals
from this action must comply with the appropriate provisions of
Chapter 23 of Title 1."
SECTION 139. 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
department's 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 140. 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 141. Section 44-23-10(9) of the 1976 Code, as last
amended by Section 1083 of 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 142. Section 44-38-380(A)(1)(i) of the 1976 Code, as
last amended by Section 1103 of 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 143. Section 44-38-380(A)(1)(k) of the 1976 Code, as
last amended by Section 1103 of Act 181 of 1993, is further amended
to read:
"(k) Commissioner Director of the South
Carolina Department of Health and Environmental Control;"
SECTION 144. 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 145. 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 146. Section 44-53-490 of the 1976 Code is amended
to read:
"Section 44-53-490. The Department of Health and
Environmental Control shall designate persons holding a degree in
pharmacy to serve as drug inspectors. Such These
inspectors shall, from time to time, but no less than once
every three years, shall inspect all practitioners and
registrants who manufacture, dispense, or distribute controlled
substances, including those persons exempt from registration but who
are otherwise permitted to keep controlled substances for specific
purposes. The drug inspector shall submit an annual report by the
first day of each year to the department and a copy to the
Commission on Department of Alcohol and
Other Drug Abuse Services specifying the name of
the practitioner or the registrant or such the exempt
persons inspected, the date of inspection and any other violations of
this article.
The department may employ other persons as agents and assistant
inspectors to aid in the enforcement of those duties delegated to the
department by this article."
SECTION 147. 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 148. 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 149. 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 150. 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 151. 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 152. 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 153. Section 48-9-30 of the 1976 Code, as last amended
by Section 1176, 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 154. 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 155. Section 48-9-230 of the 1976 Code is repealed.
SECTION 156. Section 48-9-1210 of the 1976 Code, as last
amended by Section 1191, Act 181 of 1993, is further amended to
read:
"Section 48-9-1210. The two commissioners appointed by the
board shall department, 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 157. Section 48-9-1230 of the 1976 Code, as last
amended by Section 1191, Act 181 of 1993, is further amended to
read:
"Section 48-9-1230. Except as otherwise provided in Section
48-9-1220, the term of office of each commissioner is four years,
except that in newly created districts the elected commissioners'
terms of office are until the next regular election is held under the
provisions of Section 48-9-1220 and the first appointed
commissioners must be designated to serve for terms of one and two
years, respectively, from the date of their appointment. A
commissioner shall hold holds office until his
successor has been is elected or appointed and
has qualified. Vacancies must be filled for the unexpired
term. The selection of successors to fill an unexpired term, or for a
full term, must be made in the same manner in which the retiring
commissioners shall, respectively, have been
are selected, except that in the case of. However,
for a vacancy in the unexpired term of an elected
commissioner, a successor may be appointed by the
board department upon the recommendation of the
advisory council and upon the unanimous recommendation of
the remaining commissioners of the district. Any
A commissioner may be removed by the board
department after consultation with the advisory council upon
notice and hearing for neglect of duty or malfeasance in
office, but for no other reason."
SECTION 158. Section 48-9-1820 of the 1976 Code, as last
amended by Section 1195, 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 159. Section 48-9-1840 of the 1976 Code, as last
amended by Section 1196, 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 160. Section 48-9-1850 of the 1976 Code, as last
amended by Section 1197 of 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 161. Section 48-39-210 of the 1976 Code, as last
amended by Section 1235 of Act 181 of 1993, are 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 department is valid only if the line is depicted on
a survey performed by a professional surveyor, the line is reviewed
by the department, the 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
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 162. 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 procedure prescribed by
Chapter 5, Title 28, or by following the procedure for the
exercise of eminent domain by the State Highway Department
of Transportation, prescribed by Article 3, Chapter 5, Title
57, as such these statutes are now constituted or
as they may afterwards be constituted following
any amendments thereto."
SECTION 163. Section 50-3-510 of the 1976 Code, as last
amended by Section 1258 of 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 164. Section 50-5-110 of the 1976 Code, as last
amended by Section 1259 of 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 165. Section 50-17-730 of the 1976 Code, as last
amended by Section 1265 of 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 166. 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 167. 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 Advisory 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 168. 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 169. Section 56-1-221(A) and (B) 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.
(B) The board shall advise the executive director of the
department on medical criteria and vision standards relating to the
licensing of drivers."
SECTION 170. 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 171. 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 172. 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 173. 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 174. Article 3, Chapter 3, Title 58 of the 1976 Code is
amended to read:
"Article 3
Law Enforcement Department of Motor
Carrier
Laws by Department of Public Safety
Section 58-3-310. The law enforcement department
Department of Public Safety of the Public Service
Commission shall consist of such appoint
officers, inspectors and agents as the commission may deem
and troopers necessary and proper for the enforcement of the
Motor Vehicle Carrier Law and other related laws, the enforcement
of which is devolved upon the department Department of
Public Safety, State Police Division. The title of such
officers, inspectors and agents shall be `Transportation Division
Inspectors'. The inspectors shall be commissioned by the Governor
upon the recommendation of the commission. The commission may
remove an inspector if it finds that he is unfit for the position.
Section 58-3-320. Each inspector shall execute a bond with a
licensed surety company in the amount of not less than ten thousand
dollars. The bond shall be filed with the commission and shall be
conditioned for the faithful performance of his duties, for the prompt
and proper accounting of funds coming into his hands and for the
payment of any judgment rendered against him in any court of
competent jurisdiction upon a cause of action arising out of breach or
abuse of official duty or power and damages sustained by any
member of the public from any unlawful act of the inspector. The
coverage under the bond shall not include damage to persons or
property arising out of the negligent operation of a motor vehicle.
The bond may be individual, schedule or blanket, and shall be
approved by the Attorney General. The premiums on the bonds shall
be paid by the commission from appropriated funds.
Section 58-3-330. Before entering upon the duties of his office,
each inspector shall take and subscribe before a notary public, or
other officer authorized to administer an oath, an oath to faithfully
perform the duties of his office and to properly execute the laws of
this State.
Section 58-3-340. The inspectors shall possess and exercise all
of the powers and authority held by constables at common law.
Section 58-3-350. When acting in their official capacity,
inspectors shall have statewide authority for the enforcement of all
motor vehicle carrier laws and related laws.
Section 58-3-360 58-3-320. Inspectors
Troopers shall enforce the Motor Vehicle Carrier
Law, and related laws and insure ensure that
all persons violating any provision of these laws are properly
prosecuted.
Section 58-3-370 58-3-330. When any
a person is apprehended by an inspector a
trooper upon a charge of violating the Motor Vehicle Carrier
Law or related laws, the following procedure provided in
Section 23-6-150 shall must be
followed:
(1) The person being charged shall be served by the arresting
inspector with an official summons and arrest report. The report shall
give the appropriate judicial officer jurisdiction to dispose of the
case.
(2) The person being charged may deposit with the
arresting inspector a sum of money not to exceed one hundred dollars
as bail in lieu of being immediately brought before the magistrate or
other judicial officer; provided, that an official summons and arrest
report may be issued without requiring any sum of money as bail.
(3) The official summons and arrest report shall indicate
the amount of bail deposited with the inspector and shall serve as a
receipt for the sum.
(4) The arresting inspector shall transmit any sum of money
received from the person charged to the appropriate magistrate or
other judicial officer.
(5) Upon receipt of the sum of money, if any is required,
as bail, the arresting inspector may release the person charged so that
he may appear before the proper judicial officer at a time and place
stated in, and required by, the official summons and arrest
report."
SECTION 175. The penultimate 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 176. 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 177. 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 178. 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 179. 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 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 180. 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 181. This act takes effect upon approval by the
Governor.
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