Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Cause us, Lord God, to see this day as another gift from your good and benevolent hand - a gift to us not because we have deserved it or earned it, but as a free gift because of Your endless and unrestrained love for us as Your children. Cause us, then, to use this day to the fullest as we seize every golden hour and every diamond minute as You would have them used. And as we strive to climb the ladder of success, God forbid that we should discover that "our ladder is leaning against the wrong wall." Make us as productive today as we dream for tomorrow.
Heavenly Father, keep us diligent and steadfast. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. MARCHBANKS moved that when the House adjourns, it adjourn in memory of Mrs. Opal Lewis of Easley, which was agreed to.
The following was received.
Columbia, S.C., May 31, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Saleeby, Greg Smith and Courtney of the Committee of Conference on the part of the Senate on S. 861:
S. 861 -- Senator Greg Smith: A BILL TO AMEND SECTION 38-75-310(5), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, SO AS TO INCLUDE THE MURRELLS INLET PORTION OF GEORGETOWN COUNTY IN THE DEFINITION OF COASTAL AREA.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 31, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Rose, Jackson and Richter of the Committee of Conference on the part of the Senate on S. 506:
S. 506 -- Senators Rose and Leventis: A BILL TO REPEAL SECTION 22-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARREST FOR CRIMES COMMITTED IN MAGISTRATE'S PRESENCE.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 31, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators McConnell, Leatherman and Ford of the Committee of Free Conference on the part of the Senate on H. 3742 and granted Free Conference Powers:
H. 3742 -- Reps. McLeod, Baxley, Simrill, Scott, Rudnick, Holt, J. Brown, Moody-Lawrence, Byrd, Shissias, Davenport, Cooper, Littlejohn, Stille, Cato, Vaughn, D. Wilder and J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-85 SO AS TO REQUIRE THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION TO ASCERTAIN WHETHER OR NOT THE PAST PERFORMANCE RECORD OF ANY APPLICANT FOR LICENSING AS A RESIDENTIAL BUILDER OR FOR REGISTRATION OR CERTIFICATION AS A RESIDENTIAL SPECIALTY CONTRACTOR IS GOOD AND TO ASCERTAIN CERTAIN OTHER INFORMATION ABOUT SUCH APPLICANT, AND PROVIDE THAT THE APPLICATION AND RENEWAL FORMS FOR ALL LICENSES, CERTIFICATIONS, AND REGISTRATIONS ISSUED BY THE COMMISSION SHALL REQUIRE THE APPLICANT TO LIST ANY OUTSTANDING JUDGMENTS AGAINST HIM.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 31, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3742:
H. 3742 -- Reps. McLeod, Baxley, Simrill, Scott, Rudnick, Holt, J. Brown, Moody-Lawrence, Byrd, Shissias, Davenport, Cooper, Littlejohn, Stille, Cato, Vaughn, D. Wilder and J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-85 SO AS TO REQUIRE THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION TO ASCERTAIN WHETHER OR NOT THE PAST PERFORMANCE RECORD OF ANY APPLICANT FOR LICENSING AS A RESIDENTIAL BUILDER OR FOR REGISTRATION OR CERTIFICATION AS A RESIDENTIAL SPECIALTY CONTRACTOR IS GOOD AND TO ASCERTAIN CERTAIN OTHER INFORMATION ABOUT SUCH APPLICANT, AND PROVIDE THAT THE APPLICATION AND RENEWAL FORMS FOR ALL LICENSES, CERTIFICATIONS, AND REGISTRATIONS ISSUED BY THE COMMISSION SHALL REQUIRE THE APPLICANT TO LIST ANY OUTSTANDING JUDGMENTS AGAINST HIM.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 31, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Stilwell, McConnell and Passailaigue of the Committee of Free Conference on the part of the Senate on H. 4283 and granted Free Conference Powers:
H. 4283 -- Reps. Barber, Jennings, Gonzales, Quinn, Harvin, Wells, Wright, Harrison, R. Smith, Fulmer, D. Wilder, Klauber, A. Young and Corning: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 43 RELATING TO CORPORATIONS SO AS TO ENACT THE "SOUTH CAROLINA LIMITED LIABILITY COMPANY ACT" WHICH PERMITS A LIMITED LIABILITY COMPANY (LLC) FORMED PURSUANT TO THIS ACT TO BE TREATED AS A PARTNERSHIP FOR TAX PURPOSES TOGETHER WITH THE ABSENCE OF INDIVIDUAL LIABILITY OF THE MEMBERS OF THE LIMITED LIABILITY COMPANY FOR ITS OBLIGATIONS, WHICH PROVIDES FOR THE MANNER IN WHICH LIMITED LIABILITY COMPANIES ARE FORMED, FOR RELATIONS BETWEEN MEMBERS AND MANAGERS TO PERSONS DEALING WITH THE LIMITED LIABILITY COMPANIES, FOR THE RIGHTS AND DUTIES OF MEMBERS AND MANAGERS, FOR FINANCE MATTERS, FOR DISTRIBUTIONS AND WITHDRAWALS, FOR THE OWNERSHIP AND TRANSFER OF PROPERTY, FOR ADMISSION AND WITHDRAWAL OF MEMBERS, FOR DISSOLUTION, FOR THE MANNER IN WHICH FOREIGN LIMITED LIABILITY COMPANIES MAY OPERATE AND ARE GOVERNED, FOR PROFESSIONAL SERVICES LIMITED LIABILITY COMPANIES, FOR SUITS BY AND AGAINST THE LIMITED LIABILITY COMPANIES, FOR THE MERGER OF DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANIES, AND FOR MISCELLANEOUS PROVISIONS AFFECTING THE LIMITED LIABILITY COMPANIES INCLUDING FILING AND OTHER FEES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-2-25 SO AS TO PROVIDE FOR CERTAIN DEFINITIONS FOR TAXATION PURPOSES INCORPORATING REFERENCES TO LIMITED LIABILITY COMPANIES.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 31, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4283:
H. 4283 -- Reps. Barber, Jennings, Gonzales, Quinn, Harvin, Wells, Wright, Harrison, R. Smith, Fulmer, D. Wilder, Klauber, A. Young and Corning: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 43 RELATING TO CORPORATIONS SO AS TO ENACT THE "SOUTH CAROLINA LIMITED LIABILITY COMPANY ACT" WHICH PERMITS A LIMITED LIABILITY COMPANY (LLC) FORMED PURSUANT TO THIS ACT TO BE TREATED AS A PARTNERSHIP FOR TAX PURPOSES TOGETHER WITH THE ABSENCE OF INDIVIDUAL LIABILITY OF THE MEMBERS OF THE LIMITED LIABILITY COMPANY FOR ITS OBLIGATIONS, WHICH PROVIDES FOR THE MANNER IN WHICH LIMITED LIABILITY COMPANIES ARE FORMED, FOR RELATIONS BETWEEN MEMBERS AND MANAGERS TO PERSONS DEALING WITH THE LIMITED LIABILITY COMPANIES, FOR THE RIGHTS AND DUTIES OF MEMBERS AND MANAGERS, FOR FINANCE MATTERS, FOR DISTRIBUTIONS AND WITHDRAWALS, FOR THE OWNERSHIP AND TRANSFER OF PROPERTY, FOR ADMISSION AND WITHDRAWAL OF MEMBERS, FOR DISSOLUTION, FOR THE MANNER IN WHICH FOREIGN LIMITED LIABILITY COMPANIES MAY OPERATE AND ARE GOVERNED, FOR PROFESSIONAL SERVICES LIMITED LIABILITY COMPANIES, FOR SUITS BY AND AGAINST THE LIMITED LIABILITY COMPANIES, FOR THE MERGER OF DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANIES, AND FOR MISCELLANEOUS PROVISIONS AFFECTING THE LIMITED LIABILITY COMPANIES INCLUDING FILING AND OTHER FEES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-2-25 SO AS TO PROVIDE FOR CERTAIN DEFINITIONS FOR TAXATION PURPOSES INCORPORATING REFERENCES TO LIMITED LIABILITY COMPANIES.
Very respectfully,
President
Received as information.
The Senate returned to the House with amendments the following:
H. 4330 -- Reps. Fair, Corning, Snow and Harvin: A BILL TO AMEND SECTION 56-5-2530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOPPING, STANDING, OR PARKING IN PROHIBITED SPECIFIED AREAS, SO AS TO PROVIDE AN EXCEPTION FOR POSTAL SERVICE CARRIERS OR BUSINESSES PROVIDING MAIL, PARCEL, OR PACKAGE DELIVERY THAT MAKE FREQUENT STOPS FOR SHORT PERIODS OF TIME.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
S. 913 -- Senators Lander, J. Verne Smith and Giese: A BILL TO AMEND SECTION 27-40-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECURITY DEPOSITS AND PREPAID RENT PAID BY RESIDENTIAL TENANTS TO LANDLORDS, SO AS TO CLARIFY THE RIGHTS OF A TENANT WHEN A LANDLORD WRONGFULLY WITHHOLDS A SECURITY DEPOSIT.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following was received and referred to the appropriate committee for consideration.
Document No. 1772
Promulgated By Department of Transportation
Disqualification and Suspension of SCDOT Contractors
Received By Speaker May 31, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 7, 1995
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1430 -- Senator Setzler: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO INSTALL A TRAFFIC LIGHT AT U.S. HIGHWAY 378 AND NORTH HOOK AVENUE IN WEST COLUMBIA, LEXINGTON COUNTY, BY AUGUST 1, 1994.
On motion of Rep. GAMBLE with unanimous consent, the following Joint Resolution was taken up for immediate consideration.
S. 1430 -- Senator Setzler: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO INSTALL A TRAFFIC LIGHT AT U.S. HIGHWAY 378 AND NORTH HOOK AVENUE IN WEST COLUMBIA, LEXINGTON COUNTY, BY AUGUST 1, 1994.
The Joint Resolution was read the second time and ordered to third reading.
On motion of Rep. GAMBLE, with unanimous consent, it was ordered that S. 1430 be read the third time tomorrow.
The following was introduced:
H. 5255 -- Reps. Holt, J. Bailey, Barber, Breeland, Fulmer, Gonzales, Hallman, Harrell, Hutson, Inabinett and Whipper: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE ROGER M. YOUNG OF CHARLESTON FOR HIS EXEMPLARY SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE OCCASION OF HIS RETIREMENT FROM THE HOUSE AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.
Whereas, the members of the General Assembly have learned with deep regret that the Honorable Roger M. Young, a member of the House of Representatives from Charleston County representing House District 117, comprised of portions of Charleston and Berkeley Counties, has indicated that it is his intention not to offer for reelection to the House of Representatives; and
Whereas, Roger Young first began his service in the House in 1991, and during his tenure as a member of the General Assembly he has represented the citizens of his district and the State of South Carolina with distinction; and
Whereas, his experience as a practicing lawyer and former municipal court judge has enabled him to be an effective voice on the House Judiciary Committee where he presently serves as well as on the Education and Public Works Committee where he previously served; and
Whereas, he also has been an influential member of the Charleston County and Berkeley County Legislative Delegations. On the Charleston County Legislative Delegation, he serves as its Courts and Rules Committee Chairman and presently as Secretary of the Delegation; and
Whereas, he has played a key role in the development of important legislation dealing with legal and judicial practice and procedure where his advice and counsel is valued and appreciated by his colleagues; and
Whereas, it is with considerable sadness that the members of the General Assembly shall say goodbye to one of its most knowledgeable and likable members at the end of the 1994 session; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly thank Roger Young on behalf of the people of his district, the other citizens of Charleston and Berkeley Counties, and the State of South Carolina for all he has done to make state government an effective instrument for helping the citizens of this State upon the occasion of his retirement from the South Carolina House of Representatives. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby commend the Honorable Roger M. Young of Charleston for his exemplary service as a member of the South Carolina House of Representatives upon the occasion of his retirement from the House and wish him the very best in all his future endeavors.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Roger M. Young.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5256 -- Reps. Holt, Barber, Breeland, Fulmer, Gonzales, Hallman, Harrell, Hutson, Inabinett, Whipper and R. Young: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE JAMES J. "JIMMY" BAILEY OF CHARLESTON FOR HIS EXEMPLARY SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE OCCASION OF HIS RETIREMENT FROM THE HOUSE AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.
Whereas, the members of the General Assembly have learned with deep regret that the Honorable James J. "Jimmy" Bailey, a member of the House of Representatives from Charleston County representing House District 110, has indicated that it is his intention not to offer for reelection to the House of Representatives; and
Whereas, Jimmy Bailey first began his service in the House in 1989, and during his tenure as a member of the General Assembly he has represented the citizens of his district and the citizens of Charleston County and the State of South Carolina with distinction; and
Whereas, his experience in the private sector as a real estate developer and investor enabled him to be an effective voice on the Labor, Commerce and Industry Committee where he presently serves as well as on the Medical, Military, Public and Municipal Affairs Committee where he previously served; and
Whereas, he also has been an influential member of the Charleston County Legislative Delegation serving as its Reassessment Committee Chairman from 1992-94, Chairman of the County Council Liaison Committee from 1989-92; and as Treasurer of the Delegation from 1992 to the present; and
Whereas, Jimmy Bailey, while serving as Chairman of the Reassessment Committee, worked tirelessly in an effort to bring about property tax relief for the citizens of South Carolina. Also, while serving as Chairman of the Wildlife and Environmental Committee of the delegation, he conducted a public forum to help bring about agreement between the mariculture industry and citizens of the lowcountry area in order to preserve and protect the natural coastal environment; and
Whereas, it is with considerable sadness that the members of the General Assembly shall say goodbye to one of its most personable members at the end of the 1994 session; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly thank Jimmy Bailey on behalf of the people of his district and the people of Charleston County and the State of South Carolina for all he has done to make state government an effective instrument for helping the citizens of this State upon the occasion of his retirement from the South Carolina House of Representatives. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby commend the Honorable James J. "Jimmy" Bailey of Charleston for his exemplary service as a member of the South Carolina House of Representatives upon the occasion of his retirement from the House and wish him the very best in all his future endeavors.
Be it further resolved that a copy of this resolution be forwarded to the Honorable James J. "Jimmy" Bailey.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5257 -- Reps. Holt, J. Bailey, Breeland, Fulmer, Gonzales, Hallman, Harrell, Hutson, Inabinett, Whipper and R. Young: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE ROBERT A. BARBER, JR., OF CHARLESTON FOR HIS EXEMPLARY SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE OCCASION OF HIS RETIREMENT FROM THE HOUSE AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.
Whereas, the members of the General Assembly have learned with deep regret that the Honorable Robert A. Barber, Jr., a member of the House of Representatives from Charleston County representing House District 115, has indicated that it is his intention not to offer for reelection to the House of Representatives in order to seek election to Congress; and
Whereas, Robert Barber first began his service in the House in 1989, and during his tenure as a member of the General Assembly he has represented the citizens of his district and the citizens of Charleston County and the State of South Carolina with distinction; and
Whereas, his experience as a lawyer and as a businessman has enabled him to be an effective voice on the Ways and Means Committee where he presently serves as well as on the Judiciary Committee where he previously served; and
Whereas, he has also been instrumental in helping to develop a sound energy policy for South Carolina and presently serves on the Southern States Energy Board Executive Committee, the Energy Committee of the National Conference of State Legislatures, and as Chairman of the Joint Legislative Committee on Energy; and
Whereas, he also has been an influential member of the Charleston County Legislative Delegation serving as its Roads and Bridges Chairman from 1989-94, Chairman of the Budget Review Committee from 1991-94; and currently as the Delegation's Legislative Liaison to the Charleston County School Board; and
Whereas, Robert Barber, while serving as Chairman of the Roads and Bridges Committee, diligently worked to resolve transportation problems in Charleston County, and his efforts have benefited those living in the county through improved roads, bridges, and drainage; and
Whereas, he is also widely known in Charleston as the proprietor of the unique and charming Bowens Island Restaurant near Folly Beach, and it is with considerable sadness that the members of the General Assembly shall say goodbye to one of its most delightful members at the end of the 1994 session; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly thank Robert Barber on behalf of the people of his district and the people of Charleston County and the State of South Carolina for all he has done to make state government an effective instrument for helping the citizens of this State upon the occasion of his retirement from the South Carolina House of Representatives. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby commend the Honorable Robert A. Barber, Jr., of Charleston for his exemplary service as a member of the South Carolina House of Representatives upon the occasion of his retirement from the House and wish him the very best in all his future endeavors.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Robert A. Barber, Jr.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5258 -- Reps. Kelley, A. Young, Keegan, Simrill, Shissias, Fulmer, Kennedy, Thomas, Sharpe, Witherspoon, Littlejohn, Harrison, Riser, Corning, Wells, Baxley, McAbee, Carnell, McKay, G. Bailey, Stille, Barber, Worley, Richardson, Walker, Stone, J. Harris, Stuart, Delleney, Lanford, Meacham, D. Smith, Huff and Fair: A HOUSE RESOLUTION MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES CONGRESS TO REFRAIN FROM INCLUDING EMPLOYER MANDATES AS PART OF ANY HEALTH CARE REFORM LEGISLATION.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5259 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE HAROLD D. MCLAMB, COUNTY EXTENSION AGENT WITH THE CLEMSON UNIVERSITY EXTENSION SERVICE IN LEE COUNTY, UPON HIS RETIREMENT AFTER TWENTY-FOUR YEARS OF STATE SERVICE, FOURTEEN OF WHICH HAVE BEEN AS COUNTY EXTENSION DIRECTOR IN LEE COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5260 -- Rep. Rhoad: A HOUSE RESOLUTION TO RECOGNIZE REPRESENTATIVE JOSEPH B. WILDER FOR HIS SERVICE IN THE HOUSE OF REPRESENTATIVES REPRESENTING DISTRICT 91 WITH INTEGRITY, HONOR, AND DISTINCTION, TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES FOR REPRESENTATIVE WILDER'S LEADERSHIP AND ESPECIALLY FOR CHAMPIONING THE RIGHTS OF SOUTH CAROLINA'S DISABLED CITIZENS, AND TO WISH HIM ALL THE BEST AS HE BRINGS HIS SERVICE IN THE HOUSE OF REPRESENTATIVES TO A CLOSE.
Whereas, Representative Joseph B. Wilder has represented Barnwell and Allendale Counties in District 91 since 1987, when he succeeded the late Speaker Sol Blatt, Sr.; and
Whereas, Representative Wilder began his career in 1956 when he was appointed to the Aeronautics Commission, serving thirty years, six of them as chairman; and
Whereas, he has also served as Vice Chairman of the Advisory Commission on Intergovernmental Relations for eight years; and
Whereas, Representative Wilder owned and operated Radio WBAW, Inc. from 1953 to 1993, receiving many awards for community service; and
Whereas, he served as President of the State Broadcasters Association and also was elected to their Hall of Fame; and
Whereas, he was a founder of the Lower Savannah Council of Governments and has represented Barnwell County on its Board of Directors since 1968, serving a term as president of the state association; and
Whereas, in the South Carolina General Assembly, Representative Wilder has served on the Judiciary Committee, chairing the Subcommittee on Election Laws and served as a member of the House Operations and Management Committee; and
Whereas, Representative Wilder is known across the State as an outspoken advocate for people with disabilities seeking to bring awareness and sensitivity to the needs of persons with disabilities; and
Whereas, during his ouststanding leadership as Chairman of the Joint Legislative Committee for People with Disabilities, he established a Head Spinal Cord Injury Task Force which resulted in legislation developing a Registry, and services for persons with head and spinal cord injuries; and
Whereas, he was instrumental in leading his committee in passage of the Early Intervention Bill for Preschool Children, the Braille Bill, and in 1992 updated the state's handicapped parking laws; and
Whereas, he served as the state's representative on the National Council of State Legislators' Development Disabilities Council; and
Whereas, in 1993, he received Legislator of the Year awards from the State Federation of the Blind, and the Self-Help for Hard of Hearing, and House of Representatives Legislator of the Year from the American Legion and from the State Association of Regional Council of Government; and
Whereas, Representative Wilder has been described by his colleagues as a "man who is kind-hearted and a person of integrity" and has served in the General Assembly with honor and distinction; and
Whereas, as Representative Wilder brings his legislative career to a close upon the completion of his fourth term in the House of Representatives, he will be deeply missed by his colleagues, constituents, and the thousands of disabled citizens whose lives he has enriched and improved. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, hereby recognize Representative Joseph B. Wilder for his service in the House of Representatives representing District 91 with integrity, honor, and distinction, to express the appreciation of the members of the House of Representatives for Representative Wilder's leadership and especially for championing the rights of South Carolina's disabled citizens, and to wish him all the best as he brings his service in the House of Representatives to a close.
Be it further resolved that a copy of this resolution be forwarded to Representative Joseph B. Wilder.
The Resolution was adopted.
The following was introduced:
H. 5261 -- Rep. R. Young: A CONCURRENT RESOLUTION TO CONGRATULATE MAJOR FRANKLIN E. WARD OF CHARLESTON COUNTY ON THE OCCASION OF HIS RETIREMENT FROM THE UNITED STATES AIR FORCE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5262 -- Reps. Carnell, Stoddard and D. Wilder: A CONCURRENT RESOLUTION TO COMMEND DR. CHARLES H. CHADWELL, PIEDMONT REGIONAL DIRECTOR FOR THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, FOR HIS UNSELFISH DEDICATION TO ENRICHING THE LIVES OF SOUTH CAROLINIANS WITH DISABILITIES UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5263 -- Rep. T.C. Alexander: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE LINDSEY O. GRAHAM OF OCONEE COUNTY FOR HIS EXEMPLARY SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE OCCASION OF HIS RETIREMENT FROM THE HOUSE AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.
Whereas, the members of the General Assembly have learned with deep regret that the Honorable Lindsey Graham, a member of the House of Representatives from Oconee County representing House District 2, has indicated that it is his intention not to offer for reelection to the House of Representatives; and
Whereas, Lindsey Graham first began his service in the House in l993, and during his tenure as a member of the General Assembly he has represented the citizens of his district and the State of South Carolina with distinction; and
Whereas, his experience as a practicing lawyer and member of the South Carolina Air National Guard has enabled him to be an effective voice on the House Judiciary Committee where he presently serves; and
Whereas, he also has been an influential member of the Rotary Club, Optimist Club, American Legion, and American Cancer Society; and
Whereas, it is with considerable sadness that the members of the General Assembly shall say goodbye to one of its young and likable members at the end of the l994 session; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly thank Lindsey O. Graham on behalf of the people of his district and the State of South Carolina for all he has done to make state government an effective instrument for helping the citizens of this State upon the occasion of his retirement from the South Carolina House of Representatives. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby commend the Honorable Lindsey O. Graham of Seneca for his exemplary service as a member of the South Carolina House of Representatives upon the occasion of his retirement from the House and wish him the very best in all his future endeavors.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Lindsey O. Graham.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Bailey, G. Bailey, J. Baker Barber Baxley Beatty Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Cato Chamblee Cooper Corning Cromer Davenport Delleney Fair Farr Felder Fulmer Gamble Gonzales Govan Graham Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hines Hodges Holt Houck Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Lanford Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stille Stoddard Stuart Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, June 1.
Molly M. Spearman Charles H. "Charlie" Stone James N. Law Harry R. Askins E. B. McLeod, Jr. Denny W. Neilson H. Howell Clyborne, Jr. C. Lenoir Sturkie Larry L. Elliott Larry L. Koon Charles R. Sharpe Joseph T. McElveen, Jr. Gilda Cobb-Hunter William D. Boan Harry M. Hallman, Jr. C. Alex Harvin, III
STATEMENT OF ATTENDANCE
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 31.
Rep. G. BAILEY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 3742 -- Reps. McLeod, Baxley, Simrill, Scott, Rudnick, Holt, J. Brown, Moody-Lawrence, Byrd, Shissias, Davenport, Cooper, Littlejohn, Stille, Cato, Vaughn, D. Wilder and J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-85 SO AS TO REQUIRE THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION TO ASCERTAIN WHETHER OR NOT THE PAST PERFORMANCE RECORD OF ANY APPLICANT FOR LICENSING AS A RESIDENTIAL BUILDER OR FOR REGISTRATION OR CERTIFICATION AS A RESIDENTIAL SPECIALTY CONTRACTOR IS GOOD AND TO ASCERTAIN CERTAIN OTHER INFORMATION ABOUT SUCH APPLICANT, AND PROVIDE THAT THE APPLICATION AND RENEWAL FORMS FOR ALL LICENSES, CERTIFICATIONS, AND REGISTRATIONS ISSUED BY THE COMMISSION SHALL REQUIRE THE APPLICANT TO LIST ANY OUTSTANDING JUDGMENTS AGAINST HIM.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, G. Baker Brown, G. Brown, H. Canty Carnell Cato Chamblee Clyborne Cooper Cromer Felder Fulmer Gamble Graham Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hodges Holt Houck Huff Jennings Keegan Kelley Keyserling Kinon Littlejohn Mattos McAbee McCraw McKay McLeod McMahand McTeer Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick Sharpe Sheheen Smith, D. Smith, R. Snow Spearman Stille Stoddard Stuart Townsend Trotter Tucker Vaughn Waldrop Walker Wells Wilder, D. Wilder, J. Wilkes Wilkins Wofford Wright Young, A.
Those who voted in the negative are:
Anderson Bailey, J. Barber Beatty Breeland Brown, J. Byrd Corning Davenport Delleney Fair Farr Govan Hines Jaskwhich Kirsh Klauber Koon Marchbanks Meacham Moody-Lawrence Neal Scott Shissias Simrill Stone Thomas Whipper White Williams Witherspoon Worley
So, having failed to receive the necessary two-thirds vote, Free Conference Powers were rejected.
Rep. WILKES moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 4283 -- Reps. Barber, Jennings, Gonzales, Quinn, Harvin, Wells, Wright, Harrison, R. Smith, Fulmer, D. Wilder, Klauber, A. Young and Corning: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 43 RELATING TO CORPORATIONS SO AS TO ENACT THE "SOUTH CAROLINA LIMITED LIABILITY COMPANY ACT" WHICH PERMITS A LIMITED LIABILITY COMPANY (LLC) FORMED PURSUANT TO THIS ACT TO BE TREATED AS A PARTNERSHIP FOR TAX PURPOSES TOGETHER WITH THE ABSENCE OF INDIVIDUAL LIABILITY OF THE MEMBERS OF THE LIMITED LIABILITY COMPANY FOR ITS OBLIGATIONS, WHICH PROVIDES FOR THE MANNER IN WHICH LIMITED LIABILITY COMPANIES ARE FORMED, FOR RELATIONS BETWEEN MEMBERS AND MANAGERS TO PERSONS DEALING WITH THE LIMITED LIABILITY COMPANIES, FOR THE RIGHTS AND DUTIES OF MEMBERS AND MANAGERS, FOR FINANCE MATTERS, FOR DISTRIBUTIONS AND WITHDRAWALS, FOR THE OWNERSHIP AND TRANSFER OF PROPERTY, FOR ADMISSION AND WITHDRAWAL OF MEMBERS, FOR DISSOLUTION, FOR THE MANNER IN WHICH FOREIGN LIMITED LIABILITY COMPANIES MAY OPERATE AND ARE GOVERNED, FOR PROFESSIONAL SERVICES LIMITED LIABILITY COMPANIES, FOR SUITS BY AND AGAINST THE LIMITED LIABILITY COMPANIES, FOR THE MERGER OF DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANIES, AND FOR MISCELLANEOUS PROVISIONS AFFECTING THE LIMITED LIABILITY COMPANIES INCLUDING FILING AND OTHER FEES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-2-25 SO AS TO PROVIDE FOR CERTAIN DEFINITIONS FOR TAXATION PURPOSES INCORPORATING REFERENCES TO LIMITED LIABILITY COMPANIES.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, J. Baker Barber Brown, G. Brown, H. Brown, J. Byrd Carnell Cato Chamblee Corning Cromer Delleney Farr Felder Fulmer Gamble Gonzales Graham Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hodges Holt Houck Huff Hutson Inabinett Jaskwhich Jennings Keegan Keyserling Kinon Kirsh Klauber Lanford Law Littlejohn Marchbanks McAbee McCraw McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Richardson Riser Robinson Rogers Rudnick Scott Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stuart Thomas Trotter Tucker Vaughn Waites Waldrop Walker Whipper Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wright Young, A.
Those who voted in the negative are:
Baxley Beatty Davenport Koon
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. WILKES, CROMER and BARBER to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4283 -- Reps. Barber, Jennings, Gonzales, Quinn, Harvin, Wells, Wright, Harrison, R. Smith, Fulmer, D. Wilder, Klauber, A. Young and Corning: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 43 RELATING TO CORPORATIONS SO AS TO ENACT THE "SOUTH CAROLINA LIMITED LIABILITY COMPANY ACT" WHICH PERMITS A LIMITED LIABILITY COMPANY (LLC) FORMED PURSUANT TO THIS ACT TO BE TREATED AS A PARTNERSHIP FOR TAX PURPOSES TOGETHER WITH THE ABSENCE OF INDIVIDUAL LIABILITY OF THE MEMBERS OF THE LIMITED LIABILITY COMPANY FOR ITS OBLIGATIONS, WHICH PROVIDES FOR THE MANNER IN WHICH LIMITED LIABILITY COMPANIES ARE FORMED, FOR RELATIONS BETWEEN MEMBERS AND MANAGERS TO PERSONS DEALING WITH THE LIMITED LIABILITY COMPANIES, FOR THE RIGHTS AND DUTIES OF MEMBERS AND MANAGERS, FOR FINANCE MATTERS, FOR DISTRIBUTIONS AND WITHDRAWALS, FOR THE OWNERSHIP AND TRANSFER OF PROPERTY, FOR ADMISSION AND WITHDRAWAL OF MEMBERS, FOR DISSOLUTION, FOR THE MANNER IN WHICH FOREIGN LIMITED LIABILITY COMPANIES MAY OPERATE AND ARE GOVERNED, FOR PROFESSIONAL SERVICES LIMITED LIABILITY COMPANIES, FOR SUITS BY AND AGAINST THE LIMITED LIABILITY COMPANIES, FOR THE MERGER OF DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANIES, AND FOR MISCELLANEOUS PROVISIONS AFFECTING THE LIMITED LIABILITY COMPANIES INCLUDING FILING AND OTHER FEES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-2-25 SO AS TO PROVIDE FOR CERTAIN DEFINITIONS FOR TAXATION PURPOSES INCORPORATING REFERENCES TO LIMITED LIABILITY COMPANIES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
SECTION 1. Title 33 of the 1976 Code is amended by adding:
Section 33-43-101. Short Title.
This chapter shall be known and may be cited as the South Carolina Limited Liability Company Act.
The provisions for the South Carolina Limited Liability Company Act have been derived in part from:
(a) The November 19, 1992, draft version of the "prototype" Limited Liability Company Act drafted by the Working Group on the Prototype Limited Liability Company Act Subcommittee on Limited Liability Companies, Committee on Partnerships and Unincorporated Business Organizations, Section of Business Law, American Bar Association. Versions of this "prototype" statute, with explanatory commentary have been published in Larry E. Ribstein & Robert R. Keatinge, Ribstein & Keatinge on Limited Liability Companies, (Shepard's/McGraw-Hill, Inc. 1992); and
(b) The July 30, 1993, draft Limited Liability Company Act considered by the National Conference of Commissioners On Uniform State Laws. Subsequent versions of this act, with explanatory commentary, may be obtained from the National Conference of Commissioners on Uniform State Laws, 676 North St. Clair Street, Suite 1700, Chicago, Illinois, 60611. (312) 915-0195.
Both of these draft statutes contain valuable commentary which may be of assistance in interpreting and understanding the meaning of some of the sections of this South Carolina Limited Liability Company Act.
Section 33-43-102. Definitions.
As used in this chapter, unless the context otherwise requires:
(A) 'Articles of organization' means articles filed under Section 33-43-201, and those articles as amended or restated.
(B) 'Corporation' means a corporation formed under the laws of any state or foreign country.
(C) 'Court' includes every court having jurisdiction in the case.
(D) 'Deliver' includes mail.
(E) 'Event of dissociation' means an event that causes a person to cease to be a member as provided in Section 33-43-802.
(F) 'Foreign limited liability company' means an organization that is:
(1) an unincorporated association;
(2) organized under laws of a state other than the laws of this State, or under the laws of any foreign country;
(3) organized under a statute pursuant to which an association may be formed that affords to each of its members limited liability with respect to the liabilities of the entity; and
(4) not required to be registered or organized under any statute of this State other than this chapter.
(G) 'Limited liability company' or 'domestic limited liability company' means an organization formed under this chapter.
(H) 'Limited liability company interest' or 'interest in the limited liability company' means the member's right to share in profits and losses, and right to share in distributions.
(I) 'Limited partnership' means a limited partnership formed under the laws of any state or foreign country.
(J) 'Manager' or 'managers' means, with respect to a limited liability company that has set forth in its articles of organization that it is to be managed by managers, the person or persons designated in accordance with Section 33-43-401.
(K) 'Member' or 'members' means a person or persons who have been admitted to membership in a limited liability company as provided in Section 33-43-801 and who have not ceased to be members as provided in Section 33-43-802.
(L) 'Operating agreement' means any written agreement, originally unanimously adopted by all the members of the limited liability company, as to the conduct of the business and affairs of the limited liability company. Provided, however, the failure of any limited liability company to adopt an operating agreement shall not effect the legal existence of such limited liability company.
(M) 'Person' means an individual, a general partnership, a limited partnership, a domestic or foreign limited liability company, a trust, an estate, an association, a corporation, or any other legal entity.
(N) 'Professional service' means a service that may be rendered lawfully only by a person licensed or otherwise authorized by a licensing authority in this State to render the service and that may not be lawfully rendered by a business corporation under Chapters 1 through 17 of Title 33.
(O) 'State' means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
Section 33-43-103. Name.
(A) The name of each limited liability company must contain the words 'limited liability company' or 'limited company' or the abbreviation 'L.L.C.', 'L.C.', 'LLC', 'LC'. The word 'limited' may be abbreviated as 'LTD.' and the word 'company' may be abbreviated as 'CO.'
(B) A limited liability company name may not be the same as or deceptively similar to:
(1) the name filed with the Secretary of State of any limited liability company, limited partnership, professional corporation, or corporation existing under the laws of this State or foreign limited liability company, foreign corporation, or foreign professional corporation authorized to transact business in this State; or
(2) any name reserved or registered under Section 33-43-104, or any reserved name for a corporation or professional corporation existing under the laws of this State, or any registered name of either a foreign corporation or foreign professional corporation authorized to transact business in this State.
(C) The provisions of subsection (B) shall not apply if the applicant files with the Secretary of State either of the following:
(1) the written consent of the holder of a reserved or registered name or filed name to use a deceptively similar name if one or more words are added, altered, or deleted to make the name distinguishable from the reserved or registered or filed name; or
(2) a certified copy of a final decree of a court of competent jurisdiction establishing the prior right of the applicant to the use of the name of this State.
Section 33-43-104. Reservation and Registration of Name.
(A) A person may reserve the exclusive use of a 'limited liability company' name, including a designated name provided for in Section 33-43-1004 for a foreign limited liability company whose name is not available, by delivering an application to the Secretary of State for filing. The application must set forth the name and address of the applicant and the name proposed to be reserved. If the Secretary of State finds that the limited liability company name applied for is available, he shall reserve the name for the applicant's exclusive use for a nonrenewable one hundred twenty-day period.
(B) The owner of a reserved limited liability company name may transfer the reservation to another person by delivering to the Secretary of State a signed notice of the transfer that states the name and address of the transferee.
(C) A foreign limited liability company may register its name that satisfies the requirements of Section 33-43-103.
(D) A foreign limited liability company registers its name or a designated name as provided in Section 33-43-1004 by delivering to the Secretary of State for filing an application:
(1) setting forth its limited liability company name or a designated name as provided in Section 33-43-1004, the state or country and date of its organization, and a brief description of the nature of the business in which it is engaged; and
(2) accompanied by a certificate of existence (or a document of similar import) from the state or country of organization.
(E) The name is registered for the applicant's exclusive use upon the effective date of the application.
(F) A foreign limited liability company whose registration is effective may renew it for successive years by delivering to the Secretary of State for filing a renewal application, which complies with the requirements of subsection (D), between October first and December thirty-first of the preceding year. The renewal application, when filed, renews the registration for the following calendar year.
(G) A foreign limited liability company whose registration is effective may qualify thereafter as a foreign limited liability company under the registered name or consent in writing to the use of that name by a limited liability company thereafter incorporated under this chapter or by another foreign limited liability company thereafter authorized to transact business in this State. The registration terminates when the domestic limited liability company is incorporated or the foreign limited liability company qualifies or consents to the qualification of another foreign limited liability company under the registered name.
Section 33-43-105. Registered office and registered agent.
(A) A limited liability company and a foreign limited liability company authorized to do business in South Carolina shall continuously maintain in this State:
(1) a registered office that may, but need not, be the same as its place of business; and
(2) a registered agent for service or process on the limited liability company that is an individual resident of this State, a limited liability company, a foreign limited liability company authorized to transact business in this State, or a corporation formed under the laws of or authorized to transact business in this State having a business office identical with the registered office.
(B) A limited liability company or a foreign limited liability company may change its registered office or registered agent by delivering to the Secretary of State for filing a statement of change that sets forth:
(1) the name of the limited liability company;
(2) the street address of its current registered office;
(3) if the current registered office is to be changed, the street address of the new registered office;
(4) the name of its current registered agent;
(5) if the current registered agent is to be changed, the name of the new registered agent and the new agent's written consent (either on the statement or attached to it) to the appointment; and
(6) that after the change or changes are made, the street addresses of its registered office and the business office of its registered agent will be identical.
(C) If a registered agent changes the street address of his business office, he may change the street address of the registered office of any limited liability company or foreign limited liability company for which he is the registered agent by notifying the domestic or foreign limited liability company in writing of the change and signing (either manually or in facsimile) and delivering to the Secretary of State for filing a statement that complies with the requirements of subsection (A) and recites that the domestic or foreign limited liability company has been notified of the change.
(D) A registered agent may resign his agency appointment by signing and delivering to the Secretary of State for filing the signed original and two exact or conformed copies of a statement or resignation. The statement may include a statement that the registered office is also discontinued.
(1) After filing the statement, the Secretary of State shall mail one copy to the registered office (if not discontinued) and the other copy to the domestic or foreign limited liability company at its principal office.
(2) The agency appointment is terminated, and the registered office discontinued if so provided, on the thirty-first day after the date on which the statement was filed.
Section 33-43-106. Nature of business.
A limited liability company may be organized under this chapter for any lawful purpose. If the purpose for which a limited liability company is organized or its activities make it subject to a special provision of law, the limited liability company shall also comply with that provision.
A limited liability company shall possess and may exercise all the powers and privileges as an individual that are either necessary or convenient including, but not limited to, those granted by this Chapter 43, any other law, the articles of organization, and its operating agreement.
Section 33-43-201. Formation.
Two or more persons may form a limited liability company by signing articles of organization and delivering the signed articles to the Secretary of State for filing. The persons who form a limited liability company must be members of the limited liability company at the time of formation.
A copy of the articles of organization which is filed with the Secretary of State and which is stamped 'filed' and marked with the filing date is conclusive evidence that all conditions precedent required to be performed by the organizers have been satisfied and that the limited liability company has been legally organized under this chapter.
Section 33-43-202. Articles of organization.
(A) The articles of organization shall set forth:
(1) a name for the limited liability company that satisfies the requirements of Section 33-43-103;
(2) the street address of the initial registered office and the name of the initial registered agent at that office as required by Section 33-43-105;
(3) the latest date upon which the limited liability company is to dissolve;
(4) if management of the limited liability company is vested in a manager or managers, a statement to that effect; and
(5) the name and signature of each person who is forming the limited liability company and who will be an initial member.
(B) The articles of organization may set forth any other provision the organizers determine to include, including any provisions that are required or permitted to be set forth in the operating agreement.
(C) All provisions of the articles of organization shall be binding upon the limited liability company, its members, and managers. Provided, however, as among (or between) the members, the managers, and among the members and managers, if an optional provision of the articles of organization as permitted under subsection (B) of this section is inconsistent with the operating agreement for the limited liability company, the operating agreement shall control.
Section 33-43-203. Amendment of articles of organization; restatement.
(A) The articles of organization of a limited liability company may be amended by filing articles of amendment with the Secretary of State. The articles of amendment shall set forth:
(1) the name of the limited liability company;
(2) the date the articles of organization were filed; and
(3) the amendment to the articles of organization.
(B) The articles of organization may be amended so long as the articles, as amended, contain only provisions that may be lawfully contained in articles of organization at the time of making the amendment.
(C) The articles of organization of a limited liability company must be amended when:
(1) there is a change in the name of the limited liability company;
(2) there is a false or erroneous statement in the articles of organization;
(3) there is a change in the time, as stated in the articles of organization, for the dissolution of the limited liability company;
(4) a limited liability company which is authorized to be managed by managers is no longer managed by managers;
(5) a limited liability company managed by members elects to be managed by managers; and
(6) the members desire to make a change in any other statement in the articles of organization in order for the articles to accurately represent the agreement among them.
(D) Articles of organization may be restated at any time. Restated articles of organization shall be filed with the Secretary of State and shall be specifically designated as such in the heading and shall state either in the heading or in an introductory paragraph the limited liability company's present name, and, if it has been changed, all of its former names and the date of the filing of its articles of organization.
Section 33-43-204. Execution of documents.
(A) Unless otherwise provided in any other section of this chapter, any document required by this chapter to be filed with the Secretary of State shall be executed:
(1) if management of the limited liability company is vested in one or more managers by any manager;
(2) if management of the limited liability company is reserved to the members by any member;
(3) if the limited liability company has not been formed by the persons forming the limited liability company; or
(4) if the limited liability company is in the hands of a receiver, trustee, or other court-appointed fiduciary by that fiduciary.
(B) The person executing the document shall sign it and state beneath or opposite his signature the person's name and the capacity in which he signs.
(C) The person executing the document may do so as an attorney-in-fact. Powers of attorney relating to the execution of the document need not be filed with the Secretary of State, but shall be retained by the limited liability company.
Section 33-43-205. Filing with the Secretary of State.
Articles of incorporation or any other document to be filed pursuant to this chapter shall be delivered to the office of the Secretary of State, duly executed and accompanied by one exact or conformed copy. Should the Secretary of State determine that a document conforms to the filing provisions of this chapter, including the payment of all required fees, the Secretary of State shall:
(1) endorse on each signed original and duplicate copy the word 'filed' and the date and time of the document's acceptance for filing;
(2) retain the signed original in the Secretary of State's files; and
(3) return the duplicate copy to the person who filed it or the person's representative.
Section 33-43-206. Effect of delivery or filing of articles of organization.
(A) A limited liability company is formed when the articles of organization are filed by the Secretary of State.
(B) Each copy of the articles of organization stamped 'filed' and marked with the filing date is conclusive proof that all conditions precedent required to be performed by the organizers have been complied with and that the limited liability company has been legally organized and formed under this chapter.
Section 33-43-301. Agency power of members and managers.
(A) Except as provided in subsection (B), every member is an agent of the limited liability company for the purpose of its business or affairs, and the act of any member including, but not limited to, the execution in the name of the limited liability company of any instrument, for apparently carrying on in the usual way the limited liability company business or businesses of the kind carried on by the limited liability company binds the limited liability company, unless the member so acting has, in fact, no authority to act for the limited liability company in the particular matter, and the person with whom the member is dealing has knowledge of the fact that the member has no such authority.
(B) If the articles of organization provide that management of the limited liability company is vested in a manager or managers:
(1) no member, solely by reason of being a member, is an agent of the limited liability company; and
(2) every manager is an agent of the limited liability company for the purpose of its business or affairs, and the act of any manager including, but not limited to, the execution in the name of the limited liability company of any instrument, for apparently carrying on in the usual way the limited liability company business or businesses of the kind carried on by the limited liability company binds the limited liability company, unless the manager so acting has, in fact, no authority to act for the limited liability company in the particular matter, and the person with whom the manager is dealing has knowledge of the fact that the manager has no such authority.
(C) An act of a manager or a member which is not apparently for the carrying on in the usual way the limited liability company business or business of the kind carried on by the limited liability company does not bind the limited liability company unless authorized in accordance with an operating agreement or the articles of organization.
Section 33-43-303. Limited liability company charged with knowledge of or notice to member or manager.
(A) Except as provided in subsection (B), notice to any member of any matter relating to the business or affairs of the limited liability company, and the knowledge of the member acting in the particular matter, acquired while a member or known at the time of becoming a member, and the knowledge of any other member who reasonably could and should have communicated the knowledge to the acting member, operate as notice to or knowledge of the limited liability company. However, (1) if any member has knowledge of a matter and acts fraudulently toward the limited liability company in respect to such information, the knowledge of the member shall not be imputed to the limited liability company; and (2) if notice is given to any member who is acting adversely to the limited liability company and the notifier has knowledge of such adversity, such information shall not be imputed to the limited liability company.
(B) If the articles of organization provide that management of the limited liability company is vested in a manager or managers:
(1) notice to any manger of any matter relating to the business or affairs of the limited liability company, and the knowledge of the manager acting in the particular matter acquired while a manager known at the time of becoming a manager, and the knowledge of any other manager who reasonably could and should have communicated the knowledge to the acting manager, operate as notice to or knowledge of the limited liability company. However, (a) if any manager has knowledge of a matter and acts fraudulently toward the limited liability company in respect to such information, the knowledge of the manager shall not be imputed to the limited liability company; and (b) if notice is given to any manager who is acting adversely to the limited liability company and the notifier has knowledge of such adversity, such information shall not be imputed to the limited liability company; and
(2) notice to or knowledge of any member of a limited liability company while the member is acting solely in the capacity of a member is not notice to or knowledge of the limited liability company.
Section 33-43-304. Liability of members and managers to third parties.
(A) A person who is a member or a manager of a limited liability company is not liable, solely by reason of being a member or being a manager, under a judgment, decree, or order of a court, or in any other manner for a debt, obligation, or liability of the limited liability company, whether arising in contract, tort, or otherwise or for the acts or omission of any other member, manager, agent, or employee of the limited liability company.
(B) Each individual who renders professional services on behalf of a domestic or foreign limited liability company is liable for a negligent or wrongful act or omission in which he personally participates to the same extent as if he rendered the services as a sole practitioner. A member of a domestic or foreign limited liability company which renders professional services, as defined in Section 33-43-102(N), is not liable; however, for the conduct of other members, managers, agents, or employees of the limited liability company unless he is at fault in appointing, supervising, or cooperating with them.
(C) A domestic or foreign limited liability company which renders professional services, as defined in Section 33-43-102(N), whose members, managers, agents, or employees perform professional services within the scope of their employment or of their apparent authority to act for the limited liability company is liable to the same extent those members, managers, agents, or employees who render professional services on behalf of the domestic or foreign limited liability company.
Section 33-43-305. Limited Liability Company Bound by Member's Wrongful Act.
Where, by a wrongful act or omission or other actionable conduct of any member, whether or not a manager, or any manager, acting in the ordinary course of the business of the limited liability company, or otherwise with authority, loss or injury is caused to any person, or any penalty is incurred, the limited liability company is liable therefor to the same extent as the member so acting or omitting to act.
Section 33-43-306. Limited Liability Company Bound by Member's Breach of Trust.
(A) The limited liability company is bound to make good the loss where a member, whether or not a manager, or any manager, acting within the scope of his apparent authority, receives money or property of a person who is not a member or manager of the limited liability company and misapplies it.
(B) The limited liability company is bound to make good the loss where in the course of its business it receives money or property of a third person and the money or property so received is misapplied while it is in the custody of the limited liability company.
Section 33-43-401. Management.
(A) Unless the articles of organization vests management of the limited liability company in a manager or managers, management of the business or affairs of the limited liability company is vested in the members.
(B) If the articles of organization vest management of the limited liability company in one or more managers, then the manager or managers shall have exclusive power to manage the business and affairs of the limited liability company except to the extent otherwise provided in an operating agreement. Unless otherwise provided in an operating agreement, managers:
(1) shall be designated, appointed, elected, removed, or replaced by a vote, approval, or consent of more than one-half by number of the members;
(2) except as provided in subsection (C) of this section need not be members of the limited liability company or natural persons; and
(3) unless they are sooner removed or sooner resign, shall hold office until their successors shall have been elected and qualified.
(C) All of the managers of a limited liability company which renders a professional service, as defined in Section 33-43-102(N), shall be individuals who are authorized by law in this or another state to render a professional service which is rendered by the limited liability company.
Section 33-43-402. Fiduciary duties of managers and members.
(A) Duties of loyalty.
A member shall:
(1) account to the limited liability company and hold for it as trustee any property, profit, or benefit derived by the member in the conduct and winding up of the limited liability company business or derived from a use by the member of limited liability company property, including the appropriation of a limited liability company opportunity;
(2) refrain from dealing with the limited liability company in the conduct or winding up of the limited liability company business, as or on behalf of a party having an interest adverse to the limited liability company except upon full disclosure and approval in writing by more than one-half by number of the disinterested members or as otherwise provided in the articles of organization or an operating agreement; and,
(3) refrain from competing with the limited liability company in the conduct of the limited liability company business before the dissolution of the limited liability company.
In no event may the members, even by unanimous written consent eliminate any of the duties imposed in paragraphs (1), (2), or (3) of this subsection A, but with the unanimous written consent of all the members, the members may specifically authorize specific types or categories of permitted conduct so long as such are not manifestly unreasonable.
(B) Duty of care.
A member, in conducting and winding up the business of the limited liability company, shall refrain from engaging in grossly negligent conduct, intentional misconduct, and knowing violation of the law. Even with the unanimous written consent of all the members, this duty of care may not be reduced.
(C) Good faith and fair dealing.
A member shall discharge the duties to the limited liability company and the other members under this act or under the operating agreement, and exercise any rights consistent with the obligation of good faith and fair dealing. In no event, even with the unanimous written consent of all the members, may the members eliminate the obligation of good faith and fair dealing, but they may by unanimous written consent determine the standards by which performance of the obligation is to be measured, if such standards are not manifestly unreasonable.
(D) A member does not violate a duty or obligation under this act or under the operating agreement merely because the member's conduct furthers the member's own interest.
(E) This section applies to a person winding up the limited liability company business as the personal or legal representative of the last surviving member as if the person were a member.
(F) The standards of conduct expressed in this Section 33-43-402 are applicable to all members in a member-managed limited liability company. In a manger-managed limited liability company:
(1) the managers shall be held to the same standards of conduct set forth in (A) through (E);
(2) a member who is not a manager shall have no duties to the limited liability company or to other members solely by reason of being a member; and,
(3) only the members shall have the right to specifically authorize conduct as provided in subsections (A), (B), and (C).
Section 33-43-403. Voting.
(A) Unless otherwise provided in an operating agreement or this chapter, and subject to subsection (B), the affirmative vote, approval, or consent of more than one-half by number of the members, if management of the limited liability company is vested in the members, or of the managers if the management of the limited liability company is vested in managers, shall be required to decide any matter connected with the business of the limited liability company.
(B) Unless otherwise provided in writing in an operating agreement, the affirmative vote, approval, or consent of all members shall be required to:
(1) amend an operating agreement or articles of organization; or
(2) authorize a manager or member to do any act on behalf of the limited liability company that contravenes a written operating agreement, including any written provision thereof which expressly limits the purpose, business, or affairs of the limited liability company or the conduct thereof.
Section 33-43-404. Indemnification of members and managers.
An operating agreement or a court may provide for indemnification of a member or manager for judgments, settlements, penalties, fines, or expenses incurred in a proceeding to which a person is a party because the person is or was a member or manager to the same extent, upon the same terms and limitations, and according to the same procedures as is provided for indemnification of directors of business corporations in Article 5, Chapter 8 of Title 33, and as may be amended from time to time.
Section 33-43-405. Records and information.
(A) A limited liability company shall keep at its principal place of business the following:
(1) a current and a past list, setting forth the full name and last known mailing address of each member and manager, if any, set forth in alphabetical order;
(2) a copy of the articles of organization, all amendments thereto, and all other documents filed with the Secretary of State, together with executed copies of any powers of attorney pursuant to which the articles of amendment or any filed document has been executed;
(3) copies of the limited liability company's federal, state, and local tax returns and financial statements, if any, for the six most recent years or, if those returns and statements were not prepared for any reason, copies of the information and statements provided to, or which should have been provided to, the members to enable them to prepare their federal, state, and local tax returns for the period;
(4) copies of any effective written operating agreements, and all amendments thereto, and copies of any written operating agreements no longer in effect;
(5) unless contained in writing in an operating agreement:
(a) a writing setting out the amount of cash, if any, and a statement of the agreed value of other property or services, if any, contributed by each member and the times at which or events upon the happening of which any additional contributions are to be made by each member;
(b) a writing stating events, if any, upon the happening of which the limited liability company is to be dissolved and its affairs wound up; and
(c) other writings prepared pursuant to a requirement, if any, in any operating agreement.
(B) Upon reasonable request, a member or personal representative of any deceased member or of any member under legal disability, at the member's own expense, may inspect and copy during ordinary business hours any limited liability company record, wherever the record is located.
(C) At the request of any member, or the personal representative of any deceased member or of any member under legal disability, the limited liability company shall provide:
(1) to the extent the circumstances render it just and reasonable, true and full information of all things affecting the members, and
(2) in writing, a description of the particular membership rights owned by that member as of the date the limited liability company makes the statement, which statement must describe the member's
(i) right to vote;
(ii) right to share in profits and losses;
(iii) right to share in distributions;
(iv) restrictions on the member's right to assign any or all of his interest in the limited liability company pursuant to Section 33-43-406; and
(v) any assignment of the member's interest then in effect other than a security interest.
(D) Upon reasonable request and for a proper purpose, a former member (including the estate of a deceased member) may at his or her own expense, inspect and copy during ordinary business hours any limited liability company record pertaining to the period during which he was a member.
(E) Failure of the limited liability company to keep or maintain any of the records or information required pursuant to this section shall not be grounds for imposing liability on any member or manager for the debts and obligations of the limited liability company.
Section 33-43-406. Restrictions on the transfer of any rights in the member's interest.
(A) Transfer or assignment of any rights in a member's interest in a limited liability company may be restricted, provided, however, such restriction is not binding unless the member either is a party to the agreement imposing the restriction or voted in favor of the restriction.
(B) A written restriction on the transfer or assignment of all or part of the rights of the member's interest (which may be entered into for any reason) that is noted conspicuously in a requested statement of membership rights may be enforced against the owner of the interest or a successor or transferee of the owner, including a pledgee or legal representative. Unless noted conspicuously in a requested statement of membership interest, a restriction is ineffective against a person without knowledge of the restriction.
(C) A would-be assignee or transferee is entitled to rely on a statement of membership rights issued by the limited liability company under Section 33-43-405(C). A restriction on the assignment or transfer of all or a part of the member's interest, which is otherwise valid and in effect at the time of the issuance of a statement of membership rights but which is not reflected in that statement, is ineffective against an assignee or transferee who takes an assignment or receives a transfer in reliance on the statement of membership rights.
Section 33-43-501. Contributions to capital.
A limited liability company interest may be issued in exchange for anything of value including, cash, property, services rendered, or a promissory note, or other written obligation to contribute cash or property or to perform services.
Section 33-43-502. Liability for contributions.
(A) A promise by a member to contribute to the limited liability company is not enforceable unless set forth in a writing signed by the member.
(B) Unless otherwise provided in an operating agreement, a member is obligated to the limited liability company to perform any enforceable promise to contribute cash or property or to perform services, even if the member is unable to perform because of death, disability, or other reason.
(C) If a member does not make the required contribution of property or services, the member is obligated, at the option of the limited liability company, to contribute cash equal to that portion of value of the stated contribution that has not been made.
(D) Unless otherwise provided in an operating agreement, the obligation of a member to make a contribution may be compromised only with the unanimous consent of the members.
(E) Notwithstanding the compromise, a creditor of a limited liability company who extends credit or otherwise acts in reliance on that obligation after the member signs a writing which reflects the obligation and before the compromise may enforce the original obligation.
Section 33-43-503. Allocation of profits and losses.
Profits and losses of a limited liability company shall be allocated among the members in the manner provided in the operating agreement. If the operating agreement does not so provide, profits and losses shall be allocated on a per capita basis.
Section 33-43-504. Remuneration.
A member is not entitled to remuneration for services performed for the limited liability company, except as provided in an operating agreement and except for reasonable compensation for services rendered in winding up the business of the limited liability company.
Section 33-43-601. Sharing of interim distributions.
Except as otherwise provided in Sections 33-43-602 and 33-43-905, distributions of cash or other assets of a limited liability company shall be shared among the members and among classes of members in the manner provided in writing in an operating agreement. If an operating agreement does not so provide in writing, each member shall share on a per capita basis in any distribution. A member is entitled to receive distributions described in this section from a limited liability company to the extent and at the times or upon the happening of the events specified in an operating agreement or at the times determined by the members or managers pursuant to Section 33-43-403.
Section 33-43-602. Distributions on an event of dissociation.
(A) Upon the occurrence of an event of dissociation under Section 33-43-802 which does not result in winding up, other than an event of dissociation described in Section 33-43-802(A)(3)(b) or Section 33-43-802(A)(2), a dissociating member is entitled to receive any distribution which the member was entitled to receive prior to the event of dissociation. The dissociating member shall also receive any other amount as provided in an operating agreement. If an operating agreement does not provide the amount of, or a method for determining the distribution to a dissociating member, the member shall additionally receive the fair value of the member's interest in the limited liability company as of the date of dissociation determined as provided in subsection (B) and based upon the member's right to share in distributions from the limited liability company.
(B) The 'fair value' of the dissociating member's interest shall be determined on the basis of the amount that would be paid by a willing buyer to a willing seller, neither being under any compulsion to buy or sell, and with knowledge of all relevant facts. Interest must be paid from the date of dissociation to the date of payment.
(C) Damages for wrongful dissociation under Section 33-43-803 and all other amounts owing, whether or not presently due, from the dissociated member to the limited liability company, must be offset against the buyout price as determined in subsection (A). If damages and other amounts owing exceed the amount owed under subsection (A), interest must be paid on such excess from the date the amount owed becomes due to the date of payment.
(D) Unless otherwise provided in an operating agreement and subject to the provisions of subsections (E) and (G), if no agreement for the purchase of a dissociated member's interest is reached within one hundred twenty days after a written demand for payment, the limited liability company shall pay, or cause to be paid, in cash to the dissociated member or his personal representative the amount the limited liability company estimates to be the price to be paid according to subsection (B) and accrued interest, reduced by any offsets and accrued interest under subsection (C).
(E) If a deferred payment is authorized under subsection (G)(1), or the limited liability company reasonably and in good faith determines deferred payment may be made pursuant to subsection (G)(2), the limited liability company may tender a written offer to pay the amount it estimates to be the price owed under subsection (B) and accrued interest, reduced by any offsets under subsection (C), stating the amount of payment, the amount and type of security for payment, and the other terms and conditions of the obligation.
(F) The payment or tender required by subsection (D) or (E) must be accompanied by the following:
(1) a statement of limited liability company's assets and liabilities as of the date of dissociation;
(2) the latest available limited liability company balance sheet and income statement, if any;
(3) an explanation of how the estimated amount of payment was calculated; and
(4) a written notice that the payment is in full satisfaction of the obligation to purchase unless, within one hundred twenty days after the written notice, the dissociated member commences an action to determine the price, any offsets under subsection (C), or other terms of the reacquisition obligation.
(G) A deferred payment may be made only according to the following conditions:
(1) A member who wrongfully dissociates before the expiration of the duration of the limited liability company is not entitled to payment for any portion of the buyout price until the expiration of the then stated duration unless the member establishes to the satisfaction of the court that earlier payment will not cause undue hardship to the business of the limited liability company. The court shall determine the extent and manner to which such deferred payment is secured and the amount, if any, of interest to be paid on the deferred payment.
(2) A member who dissociates, but not wrongfully, before the expiration of the limited liability company, is entitled to payment of the buyout price within one hundred twenty days after the member, of his representative, gives written demand to the limited liability company. Provided, however, if the operating agreement does not require immediate payment, the limited liability company may request an order for deferral of payment which the court may only grant if the limited liability company establishes by clear and convincing evidence that deferred payment is necessary in order to prevent undue hardship to the business of the limited liability company. The court shall determine the length of deferral, the extent and manner to which the deferred payment is secured, and a reasonable fixed or variable rate of interest which shall be regularly paid on the deferred amount. Unless the limited liability company demonstrates by clear and convincing evidence that providing adequate security in regard to a deferred payment to a member who does not wrongfully dissociate will cause undue hardship to the business of the limited liability company, such deferred payment shall be adequately secured.
(H) A dissociated member may maintain an action against the limited liability company, pursuant to Section 33-43-1203 to determine the value of that member's interest, any offsets under subsection (C), or other terms. The action must be commenced within one hundred twenty days after the limited liability company has tendered payment or an offer to pay, or within one year after written demand for payment if no payment or offer to pay is tendered. The court shall determine the fair market value using the formula in subsection (B), any offset due under subsection (C), and accrued interest, and enter judgment for any additional payment or refund. If deferred payment is authorized under subsection (G), the court shall also determine the security for payment and other terms of the obligation to purchase. The court may assess reasonable attorney's fees and the fees and expenses of appraisers or other experts for a party to the action, in amounts the court finds equitable, against any other party, if the court finds that the other party acted arbitrarily, vexatiously, or not in good faith, including the limited liability company's failure to tender payment or an offer to pay or to comply with the requirement of subsection (F), or any unsupported or unreasonable request to defer payment pursuant to subsection (G)(2).
Section 33-43-603. Distribution in kind.
Unless otherwise provided in an operating agreement:
(A) A member, regardless of the nature of the member's contribution, has no right to demand and receive any distribution from the limited liability company in any form other than cash.
(B) A member may not be compelled to accept from the limited liability company a distribution of any asset in kind to the extent that the percentage of the asset distributed to the member exceeds the percentage that the member would have shared in a cash distribution equal to the value of the property at the time of distribution.
Section 33-43-604. Restrictions on distributions.
(A) No distribution may be made if, after giving effect to the distribution:
(1) the limited liability company would not be able to pay its debts as they become due in the usual course of business; or
(2) the limited liability company's assets would be less than the sum of its liabilities plus, unless otherwise provided in an operating agreement, the amount that would be needed, if the limited liability company were to be dissolved at the time of the distribution, to satisfy the preferential rights of other members upon dissolution which are superior to the rights of the member receiving the distribution.
(B) The limited liability company may base a determination that a distribution is not prohibited under subsection (A) either on:
(1) financial statements prepared on the basis of accounting practices and principles that are reasonable under the circumstances; or
(2) a fair valuation or other method that is reasonable under the circumstances.
(C) The effect of a distribution under subsection (A) is measured:
(1) in the case of distribution by purchase or other acquisition of the member's interest in the limited liability company, as of the date money or other property is transferred or debt incurred by the limited liability company;
(2) in the case of any other distribution of indebtedness, as of the date the indebtedness is distributed;
(3) in all other cases, as of (i) the date the distribution is authorized if the payment occurs within one hundred twenty days after the date of authorization, or (ii) the date the payment is made if it occurs more than one hundred twenty days after the date of authorization.
(D) A limited liability company's indebtedness to a member incurred by reason of a distribution made in accordance with this section is at parity with the limited liability company's indebtedness to its general, unsecured creditors except to the extent subordinated by agreement.
Section 33-43-605. Liability upon wrongful distribution.
(A) A member or manager who votes for or assents to a distribution in violation of an operating agreement or Section 33-43-604 is personally liable to the limited liability company for the amount of the distribution that exceeds the amount that could have been distributed without violating Section 33-43-604 or an operating agreement if it is established that such member or manager did not comply with Section 33-43-604 or the operating agreement and in so voting or assenting violated the standards imposed by Section 33-43-402.
(B) Each member or manager held liable under subsection (A) for a wrongful distribution is entitled to contribution:
(1) from each other member or manager who could be held liable under subsection (A) for the wrongful distribution; and
(2) from each member for the amount the member received in violation of Section 33-43-604 or an operating agreement.
(C) A proceeding under this section is barred unless it is commenced within two years after the date on which the effect of the distribution is measured under Section 33-43-604.
Section 33-43-701. Ownership of limited liability company property.
(A) Property transferred to or otherwise acquired by a limited liability company is property of the limited liability company and not of the members individually.
(B) Property is limited liability company property if acquired:
(1) in the name of the limited liability company; or
(2) in the name of one or more members or managers with an indication in the instrument transferring title to the property of:
(i) the person's capacity as a member or manager, or
(ii) of the existence of a limited liability company, but without an indication of the name of the limited liability company.
(C) Property is acquired in the name of the limited liability company by a transfer to:
(1) the limited liability company in its name; or
(2) one or more members or managers in their capacity as either members or managers in the limited liability company, if the name of the limited liability company is indicated in the instrument transferring title to the property.
(D) Property is presumed to be limited liability company property if purchased with limited liability company assets, even if not acquired in the name of the limited liability company or of one or more members with an indication in the instrument transferring title to the property of the person's capacity as a member or of the existence of a limited liability company.
(E) Property acquired in the name of one or more of the members, without an indication in the instrument transferring title to the property of the person's capacity as a member or of the existence of a limited liability company and without use of limited liability company assets, is presumed to be separate property, even if used for limited liability company purposes.
Section 33-43-702. Transfer of property.
(A) Except as provided in subsection (D), property of the limited liability company held in the name of the limited liability company, as provided in Section 33-43-701(C), may be transferred by an instrument of transfer executed by any member in the name of the limited liability company.
(B) Property of the limited liability company that is held in the name of one or more members or managers with an indication in the instrument transferring the property to them of their capacity as members or managers of a limited liability company or of the existence of a limited liability company, if the name of the limited liability company is not indicated, may be transferred by an instrument of transfer executed by the persons in whose name title is held.
(C) Property of the limited liability company held in the name of one or more persons other than the limited liability company without an indication in the instrument transferring title to the property to them of their capacity as members or managers of a limited liability company or of the existence of a limited liability company, may be transferred free of any claims of the limited liability company or the other members by the persons in whose name title is held to a transferee who gives value without having notice that it is property of the limited liability company.
(D) If the articles of organization provide that management of the limited liability company is vested in a manager or managers:
(1) title to property of the limited liability company that is held in the name of the limited liability company, as provided in Section 33-43-701(C), may be transferred by an instrument of transfer executed by any manager in the name of the limited liability company; and
(2) a member, solely by reason of being a member, shall not have authority to transfer property of the limited liability company.
Section 33-43-703. Nature of limited liability company interest.
A limited liability company interest is personal property.
Section 33-43-704. Assignment of limited liability company interest.
(A) Unless otherwise provided in writing in an operating agreement:
(1) a limited liability company interest is assignable in whole or in part;
(2) an assignment entitles the assignee to receive, to the extent assigned, only the distributions to which the assignor would be entitled;
(3) an assignment of a limited liability company interest does not dissolve the limited liability company or entitle the assignee to participate in the management and affairs of the limited liability company or to become or exercise any rights of a member;
(4) until the assignee of a limited liability company interest becomes a member, the assignor continues to be a member and to have the power to exercise any rights of a member, subject to the other members' right to remove the assignor pursuant to Section 33-43-802(A)(3)(b);
(5) until an assignee of a limited liability company interest becomes a member, the assignee has no liability as a member solely as a result of the assignment; and
(6) the assignor of a limited liability company interest is not released from his liability as a member solely as a result of the assignment.
(B) Unless otherwise provided in an operating agreement, the pledge of, or granting of a security interest, lien, or other encumbrance in or against, any or all of the limited liability company interest of a member is not an assignment and shall not cause the member to cease to be a member or to cease to have the power to exercise any rights or powers of a member.
Section 33-43-705. Rights of judgment creditor.
On application to a court of competent jurisdiction by any judgment creditor of a member, the court may charge the member's limited liability company interest with payment of the unsatisfied amount of judgment with interest. To the extent so charged, the judgment creditor has only the rights of an assignee of the member's limited liability company interest. This chapter does not deprive any member of the benefit of any exemption laws applicable to his limited liability company interest.
Section 33-43-706. Right of assignee to become a member.
(A) An assignee of a limited liability company interest may become a member only if the other members unanimously consent at the time of the assignment. A member's consent may be withheld for any reason whatsoever. The consent of a member may be evidenced in any manner specified in writing in an operating agreement, but in the absence of such specification, consent shall be evidenced by a written instrument dated and signed by the member.
(B) An assignee who becomes a member has, to the extent assigned, the rights and powers, and is subject to the restrictions and liabilities, of a member under the articles of organization, any operating agreement, and this chapter. An assignee who becomes a member also is liable for any obligations of the assignor to make contributions under Section 33-43-502. However, the assignee is not obligated for liabilities of which the assignee had no knowledge at the time he became a member and which could not be ascertained from any written records of the limited liability company kept pursuant to Section 33-43-405.
(C) Unless otherwise provided in writing in an operating agreement, an assignor is not released from his liability to the limited liability company under Section 33-43-502, whether or not an assignee of a limited liability company interest becomes a member.
(D) Unless otherwise provided in writing in an operating agreement, a member who assigns his entire limited liability company interest ceases to be a member or to have the power to exercise any rights of a member when the assignee becomes a member with respect to the entire assigned interest.
Section 33-43-801. Admission of members.
(A) Subject to subsections (B) and (C), a person may become a member in a limited liability company:
(1) in the case of a person acquiring a limited liability company interest directly from the limited liability company, upon compliance with an operating agreement or, if an operating agreement does not so provide in writing, upon the written consent of all members; and
(2) in the case of an assignee of a limited liability company interest, as provided in Section 33-43-706.
(B) The effective time of admission of a member to a limited liability company shall be the later of:
(1) the date the limited liability company is formed; or
(2) the time provided in an operating agreement or, if no such time is provided therein, then when the person's admission is reflected in the records of the limited liability company.
(C) A domestic limited liability company formed in South Carolina and which renders professional service, as is defined in Section 33-43-102(N), may only admit as members:
(1) individuals who are authorized by law in this or another state to render a professional service the limited liability company practices;
(2) general partnerships in which all the partners are licensed in one or more states to practice a professional service which the limited liability company practices, and at least one partner is authorized by law in this State to render such professional service;
(3) professional corporations, domestic or foreign, authorized by law in this State to render a professional service which the limited liability company practices; and
(4) another foreign or domestic limited liability company in which all of the members are licensed in one or more states to practice a professional service which the limited liability company practices, and at least one member is authorized by law in this State to render such professional services.
If a licensing authority with jurisdiction over a professional considers it necessary to prevent violations of the ethical standards of the profession, the authority by rule may restrict or condition, or revoke in part, the authority of limited liability companies subject to its jurisdiction to permit persons or organizations to be members of limited liability companies.
Section 33-43-802. Events of dissociation.
(A) A person ceases to be a member of a limited liability company upon the occurrence of one or more of the following events:
(1) the member withdraws by voluntary act from the limited liability company;
(2) the member ceases to be a member of the limited liability company as provided in Section 33-43-706;
(3) the member is removed as a member;
(a) in accordance with an operating agreement or,
(b) unless otherwise provided in writing in the operating agreement, when a member assigns all of his interest in the limited liability company, by an affirmative vote of a majority in interest of the members who have not assigned their interests;
(4) the member;
(a) makes an assignment for the benefit of creditors,
(b) files a voluntary petition in bankruptcy,
(c) is adjudicated a bankrupt or insolvent,
(d) files a petition or answer seeking for the member any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation,
(e) files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against the member in any proceeding of this nature or,
(f) seeks, consents to, or acquiesces in the appointment of a trustee, receiver, or liquidator of the member or of all or any substantial part of the member's properties;
(5) if within one hundred twenty days after the commencement of any proceeding against the member seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation, the proceeding has not been dismissed, or if within one hundred twenty days after the appointment without his consent or acquiescence of a trustee, receiver, or liquidator of the member or of all or any substantial part of his properties, the appointment is not vacated or stayed or if within one hundred twenty days after the expiration of any stay, the appointment is not vacated;
(6) in the case of a member who is an individual;
(a) the member's death or,
(b) the entry of an order by a court of competent jurisdiction adjudicating the member to be an incapacitated person so that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person or property.
(7) in the case of a member which is a trust or is acting as a member by virtue of being a trustee of a trust, the termination of the trust, but not merely the substitution of a new trustee;
(8) in the case of a member that is a separate limited liability company, the dissolution and commencement of winding up of the separate limited liability company;
(9) in the case of a member that is a corporation, the filing of a certificate of its dissolution or the equivalent for the corporation, or the lapse of ninety days after notice to the corporation of revocation without a reinstatement of its charter;
(10) in the case of an estate, the distribution by the fiduciary of the estate's entire interest in the limited liability company;
(11) in the case of a member which is a partnership, the dissolution and commencement of winding up of the partnership;
(12) on application by the limited liability company or another member, the member's expulsion by judicial decree because,
(a) the member engaged in wrongful conduct that adversely and materially affected the limited liability company business;
(b) the member wilfully or persistently committed a material breach of the operating agreement or of a duty owed to the limited liability company or the other members under Section 33-43-402 or any other agreement between the member and the limited liability company or other members;
(c) it is unlawful to carry on the limited liability company business with the member; or,
(d) the member engaged in conduct relating to the limited liability company business which makes it not reasonably practicable to carry on the business with that member, or;
(13) if the member is not an individual, partnership, limited liability company, corporation, trust, or estate; upon termination of the member.
(B) The members may provide in writing in an operating agreement for other events the occurrence of which shall result in a person ceasing to be a member of the limited liability company.
Section 33-43-803. Member's wrongful dissociation.
(A) A member's dissociation is wrongful only if:
(1) it is in breach of a written provision of the operating agreement; or
(2) before the expiration of the stated duration of the limited liability company the member withdraws by express will as provided in Section 33-43-802(A)(1), unless either: (i) the withdrawal follows the dissociation of another member which results in a dissolution of the limited liability company under Section 33-43-901, or (ii) the withdrawal is permitted by a written provision of the operating agreement;
(3) the member is expelled by judicial decree;
(4) the member is removed as a member in accordance with an operating agreement as provided in Section 33-43-802(A)(3)(a); or,
(5) in the case of a member who is not an individual, trust, other than a business trust, or estate, the member is expelled or otherwise dissociated because it wilfully dissolved or terminated.
(B) A wrongfully dissociating member is liable to the limited liability company and to the other members for damages caused by the dissociation including the reasonable costs of obtaining replacement of the services the withdrawn member was obligated to perform. The limited liability company may offset the damages against the amount otherwise distributable to the wrongfully dissociating member in addition to pursuing any remedies provided for in an operating agreement or otherwise available under applicable law.
Section 33-43-901. Dissolution.
A limited liability company is dissolved and its affairs shall be wound up only upon the happening of the first to occur of the following:
(A) at the time or upon the occurrence of events specified in writing in the articles of organization or an operating agreement;
(B) the written consent of all members;
(C) an event of dissociation of a member, unless, (1) within ninety days after a member dissociation a majority in interest of the remaining members (or any greater percentage as provided in the operating agreement) agree in writing to continue the business of the limited liability company ('a majority in interest' shall require the majority vote of both those members owning a majority of the capital and also those holding a majority of the profits and losses) and, (2) there are then two or more members of the limited liability company remaining;
(D) entry of a decree of judicial dissolution under Section 33-43-902 or Section 33-43-1105; or,
(E) administrative dissolution pursuant to Section 33-43-901.1.
Section 33-43-901.1. Grounds for administrative dissolution.
(A) The Secretary of State shall commence a proceeding under Section 33-43-901.2 to dissolve a limited liability company administratively if:
(1) the limited liability company does not pay when they are due any taxes, interest, or penalties imposed by law of this State;
(2) the limited liability company is without a registered agent or registered office in this State; or
(3) the limited liability company does not notify the Secretary of State that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued.
(B) The Secretary of State shall dissolve a limited liability company under Section 33-43-901.2(C) if he is notified by the Department of Revenue and Taxation that the limited liability company has failed to file a required tax return within sixty days of the notice they are delinquent.
Section 33-43-901.2. Procedure for and effect of administrative dissolution.
(A) If the Secretary of State determines that grounds exist under Section 33-43-901(A) for dissolving a limited liability company, he shall mail written notice of his determination to the limited liability company.
(B) If the limited liability company does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the Secretary of State that each ground determined by the Secretary of State does not exist within sixty days after the notice required by subsection (A) was mailed, the Secretary of State shall dissolve the limited liability company 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 limited liability company by registered or certified mail addressed to its registered agent at its registered office.
(C) If the Secretary of State is notified by the Department of Revenue and Taxation that the limited liability company has failed to file a required tax return within sixty days of the notice they are delinquent, the Secretary of State shall dissolve the limited liability company 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 limited liability company by registered or certified mail addressed to its registered agent at its registered office.
(D) A limited liability company dissolved administratively may wind up its business and affairs pursuant to the provisions of Section 33-43-904, distribute its assets as provided in Section 33-43-905, file articles of dissolution pursuant to Section 33-43-906, and notify claimants pursuant to Section 33-43-907 and Section 33-43-908.
(E) The administrative dissolution of a limited liability company does not terminate the authority of its registered agent.
Section 33-43-901.3. Reinstatement following administrative dissolution.
(A) A limited liability company dissolved administratively under Section 33-43-901.2 may apply to the Secretary of State for reinstatement at any time after the effective date of dissolution and prior to the latest date upon which the limited liability company is to dissolve as set forth in the dissolved limited liability company's articles of organization. The applicant must:
(1) recite the name of the limited liability company and the effective date of its administrative dissolution;
(2) state that the grounds for dissolution either did not exist or have been eliminated;
(3) state that the limited liability company's name satisfies the requirements of Section 33-43-103; and
(4) contain a certificate from the South Carolina Department of Revenue and Taxation reciting that all taxes, penalties, and interest owed by the limited liability company, whether assessed or not, have been paid.
(B) If the Secretary of State determines that the application contains the information required by subsection (A) and that the information is correct, he shall cancel the certificate of dissolution and prepare a certificate of reinstatement that recites his determination and the effective date of reinstatement, file the original of the certificate, and send a copy to the limited liability company.
(C) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution, and the limited liability company resumes carrying on its business as if the administrative dissolution had never occurred.
Section 33-43-901.4. Appeal from denial of reinstatement.
(A) If the Secretary of State denies a limited liability company's application for reinstatement following administrative dissolution, he shall send a written notice that explains the reasons for denial to the limited liability company by registered or certified mail addressed to its registered agent at its registered office.
(B) The limited liability company may appeal the denial of reinstatement to the court of common pleas for Richland County within thirty days after the notice of denial was received. The limited liability company appeals by petitioning the court to set aside the dissolution and attaching to the petition copies of the Secretary of State's certificate of dissolution, the limited liability company's application for reinstatement, and the Secretary of State's notice of denial.
(C) The court may summarily order the Secretary of State to reinstate the dissolved limited liability company or may take other action the court considers appropriate.
(D) The court's final decision may be appealed as in other civil proceedings.
Section 33-43-902. Judicial dissolution.
On application by or for a member, the court of common pleas in the county of the principal place of business may decree dissolution of a limited liability company whenever it is not reasonably practicable to carry on the business of the limited liability company.
Section 33-43-903. Winding up.
Unless otherwise provided in writing in an operating agreement:
(A) The business or affairs of the limited liability company may be wound up by the members or managers who have authority pursuant to Section 33-43-401 to manage the limited liability company before dissolution, and who have not wrongfully dissociated. Provided, however, that upon the application of any member, a member's legal representative, or assignee, the court of common pleas may order, if one or more of such members or managers has engaged in wrongful conduct or upon other cause shown, judicial supervision of the winding up.
(B) The persons winding up the business or affairs of the limited liability company may, in the name of, and for and on behalf of, the limited liability company:
(1) preserve the limited liability company business or property as a going concern for a reasonable time;
(2) prosecute and defend suits;
(3) settle and close the business of the limited liability company;
(4) dispose of and transfer the property of the limited liability company;
(5) discharge the liabilities of the limited liability company;
(6) distribute to the members any remaining assets of the limited liability company; and,
(7) perform other necessary acts, including settlement of disputes by mediation or arbitration.
Section 33-43-904. Agency power of managers or members after dissolution.
(A) Except as provided in subsections (C), (D), and (E), after dissolution of the limited liability company, each of the members or managers having authority to wind up the limited liability company's business and affairs can bind the limited liability company:
(1) by any act appropriate for winding up the limited liability company's affairs or completing transactions unfinished at dissolution; and
(2) by any transaction that would have bound the limited liability company if it had not been dissolved, if the other party to the transaction does not have notice of the dissolution.
(B) The filing of the articles of dissolution shall be presumed to constitute notice of dissolution for purposes of subsection (A)(2).
(C) An act of a member which is not binding on the limited liability company pursuant to subsection (A) is binding if it is otherwise authorized by the limited liability company.
(D) An act of a member which would be binding under subsection (A) or would be otherwise authorized but which is in contravention of a restriction on authority shall not bind the limited liability company to persons having knowledge of the restriction.
(E) If the articles of organization vest management of the limited liability company in managers, a manager shall have the authority of a member provided for in subsection (A), and no member shall have such authority if the member is acting solely in the capacity of a member.
Section 33-45-905. Distribution of assets.
Upon the winding up of a limited liability company, the assets shall be distributed as follows:
(A) payment, or adequate provision for payment, shall be made to creditors including, to the extent permitted by law, members who are creditors in satisfaction of liabilities of the limited liability company;
(B) unless otherwise provided in writing in an operating agreement, to members or former members in satisfaction of liabilities for distributions under Sections 33-43-601 and 33-43-602; and
(C) unless otherwise provided in writing in an operating agreement, to members and former members first for the return of their contributions and second in proportion to the members' respective rights to share in distributions from the limited liability company prior to dissolution.
Section 33-43-906. Articles of dissolution.
After the dissolution of the limited liability company pursuant to Section 33-43-901, the limited liability company may file articles of dissolution with the Secretary of State which set forth:
(A) the name of the limited liability company;
(B) the date of filing of its articles of organization and all amendments thereto;
(C) the reason for filing the articles of dissolution;
(D) the effective date (which shall be a date certain) of the articles of dissolution if they are not to be effective upon the filing; and
(E) any other information the members or managers filing the certificate shall deem proper.
Section 33-43-907. Known claims against dissolved limited liability.
(A) Upon dissolution, a limited liability company may dispose of the known claims against it by filing articles of dissolution pursuant to Section 33-43-906 and following the procedures described in this section.
(B) The limited liability company shall notify its known claimants in writing of the dissolution at any time after the effective date of dissolution. The written notice must:
(1) describe information that must be included in a claim;
(2) provide a mailing address where a claim may be sent;
(3) state the deadline, which may not be fewer than one hundred twenty days after the later of the date of the written notice or the filing of articles of dissolution pursuant to Section 33-43-906, by which the limited liability company must receive the claim; and
(4) state that the claim will be barred if not received by the deadline.
(C) A claim against the limited liability company is barred:
(1) if a claimant who was given written notice under subsection (B) does not deliver the claim to the limited liability company by the deadline;
(2) if a claimant whose claim was rejected by the limited liability company does not commence a proceeding to enforce the claim within ninety days after the date of the rejection notice.
(D) For purposes of this section, 'claim' does not include a contingent liability or a claim based on an event occurring after the effective date of dissolution.
Section 33-43-908. Unknown claims against dissolved limited liability company.
(A) A limited liability company may publish notice of its dissolution pursuant to this section which requests that persons with claims against the limited liability company present them in accordance with the notice.
(B) The notice must:
(1) be published once in a newspaper of general circulation in the county where the limited liability company's principal office (or, if none in this State, its registered office) is located;
(2) describe the information that must be included in a claim and provide a mailing address where the claim may be sent; and
(3) state that a claim against the limited liability company will be barred unless a proceeding to enforce the claim is commenced within five years after the publication of the notice.
(C) If the limited liability company publishes a newspaper notice in accordance with subsection (B) and files articles of dissolution pursuant to Section 33-43-906, the claim of each of the following claimants is barred unless the claimant commences a proceeding to enforce the claim against the limited liability company within five years after the later of the publication date of the newspaper notice or the filing of the articles of dissolution:
(1) a claimant who did not receive written notice under Section 33-43-907; or
(2) a claimant whose claim was timely sent to the limited liability company but not acted on.
(D) A claim may be enforced under this section:
(1) against the limited liability company to the extent of its undistributed assets; or
(2) if the assets have been distributed in liquidation, against a member of the limited liability company to the extent of his pro rata share of the claim or of the assets of the limited liability company distributed to him in liquidation, whichever is less, but a member's total liability for all claims under this section may not exceed the total amount of assets distributed to him.
Section 33-43-1001. Law governing.
(A) Subject to the Constitution of South Carolina and except as provided in subsection (B), the laws of the State or other jurisdiction under which a foreign limited liability company is organized shall govern the organization and internal affairs, and authority of its managers and members of a foreign limited liability company transacting business in South Carolina.
(B) A foreign limited liability company that has obtained a certificate of authority to transact business in South Carolina pursuant to Chapter 43 of Title 33 and its members and managers have no greater rights and privileges than a domestic limited liability company and its members and managers with respect to transactions and relationship with persons who are not members. The certificate of authority does not authorize the foreign limited liability company to exercise any powers or engage in any business that a domestic limited liability company is forbidden to exercise or engage in by the laws of this State.
Section 33-43-1002. Application for certificate of authority.
(A) A foreign limited liability company may apply for a certificate of authority to transact business in this State by delivering an application to the Secretary of State for filing. The application must set forth:
(1) the name of the foreign limited liability company that satisfies the requirements of Section 33-43-1004;
(2) the name of the state or country under which it is organized;
(3) its date of organization and the latest date upon which the limited liability company is to dissolve;
(4) the street address of its proposed registered office in this State and the name of its proposed registered agent at that office;
(5) if management of the limited liability company is vested in a manager or managers, a statement to that effect.
(B) The foreign limited liability company shall deliver with the completed application a certificate of existence (or a document of similar import) duly authenticated by the Secretary of State or other official having custody of limited liability company records in the state or country under which law it is organized.
(C) If the foreign limited liability company renders 'professional services' as defined in Section 33-43-102(N), a statement that all of its members are licensed in one or more states to render the professional services which the foreign limited liability company practices and that one or more of its members is licensed in South Carolina to render such professional services.
Section 33-43-1003. Issuance of registration.
(A) If the Secretary of State finds that an application for registration conforms to the provisions of this article and all requisite fees have been paid, the Secretary shall:
(1) endorse on each signed original and duplicate copy the word 'filed' and the date and time of its acceptance for filing;
(2) retain the signed original in the Secretary of State's files; and
(3) return the duplicate copy to the person who filed it or the person's representative.
(B) If the Secretary of State is unable to make the determination required for filing by subsection (A) at the time any documents are delivered for filing, the documents are deemed to have been filed at the time of delivery if the Secretary of State subsequently determines that:
(1) the documents as delivered conform to the filing provisions of this act; or
(2) within twenty days after notification of nonconformance is given by the Secretary of State to the person who delivered the documents for filing for the person's representative, the documents are brought into conformance.
(C) If the filing and determination requirements of this act are not satisfied within the time prescribed in subsection (B)(2), the documents shall not be filed.
Section 33-43-1004. Name.
No certificate of registration shall be issued to a foreign limited liability company unless the name of such company satisfies the requirements of Section 33-43-103. If the name under which a foreign limited liability is registered in the jurisdiction of its formation does not satisfy the requirements of Section 33-43-103, to obtain or maintain a certificate of registration the foreign limited liability company may use a designated name that is available, and which satisfies the requirements of Section 33-43-103.
Section 33-43-1005. Amendments.
(A) The application for registration of a foreign limited liability company is amended by filing articles of amendment with the Secretary of State signed by a person with authority to do so under the laws of the State or other jurisdiction of its formation. The articles of amendment shall set forth:
(1) the name of the foreign limited liability company;
(2) the date the original application for registration was filed; and
(3) the amendment to the application for registration.
(B) the application for registration may be amended in any way, provided that the application for registration, as amended, contains only provisions that may be lawfully contained in an application for registration at the time of the amendment.
(C) A foreign limited liability company authorized to transact business in South Carolina must obtain an amended certificate of authority from the Secretary of State if it changes:
(1) its limited liability company name;
(2) the period of its duration;
(3) the state or country of its organization;
(4) from a member managed limited liability company to a limited liability company managed by managers;
(5) from a limited liability company managed by managers to a limited liability company managed by its members;
An amended certificate of authorization must also be obtained if:
(6) there is a false or erroneous statement in the original filed application for a certificate of authority.
Section 33-43-1006. Cancellation of registration.
(A) A foreign limited liability company authorized to transact business in this State may cancel its registration upon procuring from the Secretary of State a certificate of cancellation. In order to procure such certificate, the foreign limited liability company shall deliver to the Secretary of State an application for cancellation, which shall set forth:
(1) the name of the foreign limited liability company and the state or other jurisdiction under the laws of which it is formed;
(2) that the foreign limited liability company is not transacting business in this State;
(3) that the foreign limited liability company surrenders its certificate of registration to transact business in this State;
(4) that the foreign limited liability company revokes the authority of its registered agent for service of process in this State and consents that service of process in any action, suit, or proceeding based upon any cause of action arising in this State may thereafter be made on such foreign limited liability company by service thereof upon the Secretary of State; and
(5) an address to which a person may mail a copy of any process against the foreign limited liability company.
(B) The application for cancellation shall be in the form and manner designated by the Secretary of State and shall be executed on behalf of the foreign limited liability company by a person with authority to do so under the laws of the State or other jurisdiction of its formation, or, if the foreign limited liability company is in the hands of a receiver, trustee, or other court-appointed fiduciary by that fiduciary.
(C) A cancellation does not terminate the authority of the Secretary of State to accept service of process on the foreign limited liability company with respect to causes of action arising out of the doing of business in this State.
Section 33-43-1007. Transaction of business without registration.
(A) A foreign limited liability company transacting business in this State may not maintain an action, suit, or proceeding in a court of this State until it has registered in this State.
(B) The failure of a foreign limited liability company to register in this State does not:
(1) impair the validity of any contract or act of the foreign limited liability company;
(2) affect the right of any other party to the contract to maintain any action, suit, or proceeding on the contract; or
(3) prevent the foreign limited liability company from defending any action, suit, or proceeding in any court of this State.
(C) A foreign limited liability company, by transacting business in this State without registration, appoints the Secretary of State as its agent for service of process with respect to a cause of action arising out of the transaction of business in this State.
(D) A foreign limited liability company which transacts business in this State without registration shall be liable to the State for the years or parts thereof during which it transacted business in this State without registration in an amount equal to all fees which would have been imposed by this chapter upon that foreign limited liability company had it duly registered, and all penalties imposed by this chapter, the Attorney General may bring proceedings to recover all amounts due this State under the provisions of this section.
(E) A foreign limited liability company which transacts business in this State without registration shall be subject to a civil penalty, payable to the State of ten dollars per day, not to exceed one thousand dollars per year.
(F) The civil penalty set forth in subsection (E) may be recovered in an action brought within a court by the Attorney General. Upon a finding by the court that a foreign limited liability company has transacted business in this State in violation of this chapter, the court shall issue, in addition to the imposition of a civil penalty, an injunction restraining further transactions of the business of the foreign limited liability company and the further exercise of any limited liability company's rights and privileges in this State. The foreign limited liability company shall be enjoined from transacting business in this State until all civil penalties plus any interest and court costs which the court may assess have been paid and until the foreign limited liability company has otherwise complied with the provisions of this article.
(G) A member or manager of a foreign limited liability company is not liable for the debts and obligations of the limited liability company solely because the limited liability company transacted business in this State without registration.
Section 33-43-1008. Authority to transact business required.
(A) A foreign limited liability company may not transact business in this State until it obtains a certificate of authority from the Secretary of State.
(B) The following activities, among others, do not constitute transacting business within the meaning of subsection (A):
(1) maintaining, defending, or settling any proceeding;
(2) holding meetings of the members or managers or carrying on other activities concerning internal affairs;
(3) maintaining bank accounts;
(4) selling through independent contractors;
(5) soliciting or obtaining orders, whether by mail or through employees or agents or otherwise, if the orders require acceptance outside this State before they become contracts;
(6) creating or acquiring any indebtedness, mortgages, and security interests in real or personal property;
(7) securing or collecting any debts or enforcing mortgages, security interests, or any other rights in property securing debts;
(8) owning, without more, real or personal property;
(9) conducting an isolated transaction that is completed within thirty days and that is not one in the course of repeated transactions of like nature;
(10) transacting business in interstate commerce;
(11) is a member or manager of a limited liability company or foreign limited liability company that is transacting business within this State.
(C) A foreign limited liability company which renders a professional service is not required to obtain a certificate of authority to transact business in this State unless it maintains or intends to maintain an office in this State for the conduct of business or professional practice.
(D) The list of activities in subsection (B) is not exhaustive.
Section 33-43-1101. Rendering professional services.
(A) A domestic or foreign limited liability company may render professional services in this State only through individuals licensed or otherwise authorized in this State to render the services.
(B) Subsection (A) does not:
(1) require an individual employed by a limited liability company to be licensed to perform services for the limited liability company if a license is not required otherwise;
(2) prohibit a licensed individual from rendering professional services in his individual capacity although he is a member or manager of a domestic or foreign limited liability company which also renders professional services; or,
(3) prohibit an individual licensed in another state from rendering professional services for a domestic or foreign limited liability company in this State if not prohibited by the licensing authority.
Section 33-43-1102. Confidential relationships.
(A) The relationship between an individual rendering professional services as a member, manager, agent, or employee of a domestic or foreign limited liability company which renders professional services, as defined in Section 33-43-102(N), and his client or patient, is the same as if the individual were rendering the services as a sole practitioner.
(B) The relationship between a domestic or foreign limited liability company which renders professional services, as defined in Section 33-43-102(N), and the client or patient for whom its employees, members, managers, or agents are rendering professional services is the same as that between the client or patient and the person providing the service.
Section 33-43-1103. Privileged communications.
A privilege applicable to communications between an individual rendering professional services and the person receiving the services recognized under the statute or common law of this State is not affected by this chapter. The privilege applies to a domestic or foreign professional limited liability company which renders professional services, as defined in Section 33-43-102(N), and to its employees, members, managers, and agents in all situations in which it applies to communications between an individual rendering professional services on behalf of the limited liability company (which renders professional services) and the person receiving the services.
Section 33-43-1104. Purposes.
(A) Except to the extent authorized by subsection (B), a South Carolina limited liability company whose purpose is to render professional services, may only: (i) render professional services within a single profession, and (ii) render services ancillary to the professional services. It may not engage in other business activities except as authorized by subsection (B).
(B) A limited liability company may render professional services in two or more professions and engage in any lawful business authorized by Section 33-43-106, to the extent the combination of professional purposes or of professional and business purposes is authorized by the licensing law of this State applicable to each profession in the combination. A limited liability company whose purpose is to render professional services may invest its funds in real estate, mortgages, securities, or any other type of investment.
Section 33-43-1105. Judicial dissolution.
The Attorney General may commence a proceeding to dissolve a limited liability company which renders professional services if:
(1) the Secretary of State or a licensing authority with jurisdiction over the limited liability company which renders professional services serves written notice on the limited liability company that it has violated or is violating a provision of this chapter (other than the provisions specified in Section 33-43-901.1, a violation of which gives the Secretary of State authority to administratively dissolve the limited liability company);
(2) the limited liability company does not correct each alleged violation, or demonstrate to the reasonable satisfaction of the Secretary of State or licensing authority that this did not occur, within sixty days after service of the notice is perfected; and
(3) the Secretary of State or licensing authority certifies to the Attorney General a description of the violation, that it notified the limited liability company of the violation, and that the limited liability company did not correct it, or demonstrate that it did not occur, within sixty days after service of notice.
Section 33-43-1201. Actions by and against the limited liability company.
(A) A limited liability company may sue and be sued in the name of the limited liability company.
(B) A member or a manager of a limited liability company is not a proper party to a proceeding by or against a limited liability company except when:
(1) the object of the proceeding is to determine or enforce a member or manager's right against, or liability to, the limited liability company as provided in Section 33-43-1203; or
(2) the proceeding involves a claim of personal liability or responsibility of that member or manager and that claim has some basis other than the member or manager's status as a member or manager.
Section 33-43-1202. Service of process.
(A) The registered agent appointed by a limited liability company or a foreign limited liability company shall be an agent of a limited liability company or foreign limited liability company upon whom any process, notice, or demand required or permitted by law to be served upon the limited liability company or foreign limited liability company may be served.
(B) If a limited liability company or foreign limited liability company fails to appoint or maintain a registered agent in this State or its registered agent cannot with reasonable diligence be found at the registered office, the Secretary of State shall be an agent of such limited liability company or foreign limited liability company upon whom any such process, notice, or demand may be served. Service on the Secretary of State of any process, notice, or demand shall be made by delivering to and leaving with the Secretary of State duplicate copies of the process, notice, or demand. If the process, notice, or demand is served on the Secretary of State, the Secretary of State shall immediately forward one of the copies by registered mail to the limited liability company or foreign limited liability company at its registered office. Service on the Secretary of State shall be returnable in not less than thirty days.
(C) The Secretary of State shall keep a record of all process, notices, and demands, served pursuant to this section and record the time and the action taken regarding the services.
(D) This section shall not limit or affect the right to serve any process, notice, or demand required or permitted by law to be served upon a limited liability company or foreign limited liability company in any other manner permitted by law.
Section 33-43-1203. Remedies of the limited liability company and members.
(A) A limited liability company, may maintain an action against a member or manager for a breach of the operating agreement, or for the violation of a duty to the limited liability company causing harm to the limited liability company.
(B) A member may maintain an action against the limited liability company, a manager, or a member for legal or equitable relief, including an accounting as to limited liability company business, for any breach of the operating agreement, or for the violation of a duty to the member or limited liability company causing harm to the member or limited liability company.
Section 33-43-1301. Merger.
(A) Unless otherwise provided in writing in an operating agreement, one or more limited liability companies may merge with another domestic or foreign limited liability company as the merger agreement shall provide.
(B) Interests in a domestic or foreign limited liability company that is a party to the merger may be exchanged for or converted into cash, property, obligations, rights, or interests in the surviving domestic or foreign limited liability company.
Section 33-43-1302. Approval of merger.
(A) Unless otherwise provided in writing in an operating agreement, each domestic or foreign limited liability company that is a party to a proposed merger shall approve the merger agreement by the consent of all the members. In no event shall the agreement be approved by less than fifty-one percent of the members of each domestic and foreign limited liability company.
(B) Each domestic and foreign limited liability company that is a party to the merger shall have such rights to abandon the merger as are provided for in the merger agreement or in the laws applicable to each domestic and foreign limited liability company.
Section 33-43-1303. Plan of merger.
(A) Each domestic and foreign limited liability company shall enter into a written plan of merger, which shall be approved in accordance with Section 33-43-1302.
(B) The plan of merger shall set forth:
(1) the name of each limited liability company that is a party to the merger and the name of the surviving limited liability company into which each limited liability company proposes to merge;
(2) the terms and conditions of the proposed merger;
(3) the manner and basis of converting the interests in each limited liability company into interests of the surviving limited liability company, in whole or part, or into cash or other property;
(4) such amendments to the articles of organization of the surviving limited liability company as are desired to be effected by the merger, or that no such changes are desired;
(5) such other provisions relating to the proposed merger as are considered necessary or desirable.
(C) For purposes of Section 33-43-1303, the term 'limited liability company' shall include both domestic and foreign limited liability companies.
Section 33-43-1304. Articles of merger.
(A) The surviving limited liability company shall deliver to the Secretary of State articles of merger executed by each constituent limited liability company setting forth:
(1) the name and jurisdiction of formation or organization of each limited liability company which is to merge;
(2) that an agreement of merger has been approved and executed by each limited liability company which is a party to the merger;
(3) the name of the surviving or resulting limited liability company;
(4) the future effective date of the merger (which shall be a date or time certain) if it is not to be effective upon the filing of the articles of merger;
(5) that the agreement of merger is on file at a place of business of the surviving limited liability company, and the address of that place of business;
(6) that a copy of the agreement of merger will be furnished by the surviving limited liability company, on request and without cost, to any person holding an interest in any limited liability company which is to merge; and
(7) if the surviving or resulting limited liability company is not a limited liability company organized under the laws of this State, a statement that such surviving limited liability company:
(a) agrees that it may be served with process in this State in any proceeding for enforcement of any obligation of any limited liability company party to the merger that was organized under the laws of this State, as well as for enforcement of any obligation of the surviving limited liability company or the new limited liability company arising from the merger; and
(b) appoints the Secretary of State as its agent for service of process in any such proceeding, and the surviving limited liability company or the new limited liability company shall specify the address to which a copy of the process shall be mailed to it by the Secretary of State.
(B) A merger takes effect upon the later of the effective date of the filing of the articles of merger or the date set forth in the articles of merger.
(C) The articles of merger shall be executed by a limited liability company that is a party to the merger in the manner provided for in Section 33-43-204 and shall be filed with the Secretary of State in the manner provided for in Section 33-43-205.
(D) Articles of merger shall constitute articles of dissolution for a limited liability company which is not the surviving limited liability company in the merger.
(E) An agreement of merger approved in accordance with Sections 33-43-1302 and 33-43-1303 may affect any amendment to an operating agreement or affect the adoption of a new operating agreement for a limited liability company if it is the surviving limited liability company in the merger. An approved agreement of merger may also provide that the operating agreement of any constituent limited liability company to the merger (including a limited liability company formed for the purpose of consummating a merger) shall be the operating agreement of the surviving or resulting limited liability company. Any amendment to an operating agreement or adoption of a new operating agreement made pursuant to this subsection (E) shall be effective at the effective time or date of the merger.
(F) For purposes of this section, except with respect to subsections (A)(7) and (D), the term 'limited liability company' shall include both domestic and foreign limited liability companies.
Section 33-43-1305. Effects of merger.
A merger has the following effects:
(A) The limited liability companies that are parties to the merger agreement shall be a single entity.
(B) Each limited liability company to the merger agreement, except the surviving limited liability company, shall cease to exist.
(C) All property real, personal, and mixed, and all debts due on whatever account, including promises to make capital contributions, and all other choses in action, and all and every other interest of belonging to or due to each of the constituent limited liability companies shall be vested in the surviving limited liability company without further act or deed.
(D) The title to all real estate and any interest therein, vested in any such constituent limited liability company shall not revert or be in any way impaired by reason of such merger.
(E) The surviving limited liability company shall thenceforth be liable for all liabilities and obligations of each of the constituent limited liability companies so merged and any claim existing or action or proceeding pending by or against any such constituent limited liability company may be prosecuted as if such merger had not taken place, or the surviving limited liability company may be substituted in the action.
(F) Neither the rights of creditors nor any liens on the property of any constituent limited liability company shall be impaired by the merger.
(G) The interests in a limited liability company and the former holders thereof are entitled only to the rights provided in the merger agreement or the rights otherwise provided by law.
For purposes of this section, the term 'limited liability company' shall include both domestic and foreign limited liability companies.
Section 33-43-1401. Filing, service, and copying fees.
(A) The Secretary of State shall collect the following fees when the following documents described in this subsection are delivered to him for filing:
(1) Articles of organization of a domestic limited liability company: one hundred and ten dollars.
(2) Articles of amendment to the articles of organization of a domestic limited liability company: one hundred and ten dollars.
(3) Articles of merger involving a domestic or foreign limited liability company: one hundred and ten dollars.
(4) Application by a foreign limited liability company for a certificate of authority to do business in South Carolina: one hundred and ten dollars.
(5) Amendment by a foreign limited liability company of its certificate of authority: one hundred and ten dollars.
(6) Restated articles of organization of a limited liability company filed with an amendment to the articles of organization: ten dollars.
(7) Application for reservation of a limited liability company name: twenty-five dollars.
(8) Notice of transfer of a reserved limited liability company name: ten dollars.
(9) Annual application for registration (or renewal) of a foreign limited liability company name: ten dollars.
(10) Statement of change of registered office or registered agent, or both: Ten dollars.
(11) Articles of dissolution: ten dollars.
(12) Articles of revocation of dissolution: ten dollars.
(13) Application for reinstatement after administrative dissolution: twenty-five dollars.
(14) Application for certificate of withdrawal: ten dollars.
(15) Application for certificate of existence or authorization: ten dollars.
(16) Any other document required or permitted to be filed pursuant to this Chapter 43 of Title 33: two dollars.
(B) The Secretary of State shall collect a fee of ten dollars each time process is served on him under Chapter 43 of this Tile 33. The party to a proceeding causing service of process is entitled to recover this fee as costs if he prevails in the proceeding.
(C) The Secretary of State shall collect the following fees for copying and certifying the copy of any filed document relating to a domestic or foreign limited liability company:
(1) for copying, one dollar for the first page and fifty cents for each additional page; and,
(2) two dollars for each certificate.
Section 33-43-1402. Execution by judicial act.
Any person who is adversely affected by the failure or refusal of any person to execute and file any articles or other documents to be filed under this chapter may petition the court of common pleas in the county where the registered office of the limited liability company is located to direct the execution and filing of the articles or other documents. If the court finds that it is proper for the articles or other documents to be executed and filed and that there has been failure or refusal to execute and file such documents, it shall order the Secretary of State to file the appropriate articles or other documents.
Section 33-43-1403. Notice.
(A) Notice under this chapter must be in writing unless oral notice is reasonable under the circumstances.
(B) Notice may be communicated in person; by telephone, telegraph, teletype, facsimile transmission, or other form of wire or wireless communication; or by mail or private carrier. If these forms of personal notice are impracticable, notice may be communicated by a newspaper of general circulation in the area, where published; or by radio, television, or other form of public broadcast communication.
(C) Written notice by a domestic or foreign limited liability company to its members, if in a comprehensible form, is effective when mailed, if mailed postpaid and correctly addressed to the member's address shown in the limited liability company's current record of members.
(D) In addition to Section 33-43-303, written notice to a domestic or foreign limited liability company (authorized to transact business in this State) may be addressed to its registered agent at its registered office.
(E) Except as provided in subsection (C), written notice, if in a comprehensible form, is effective at the earliest of the following:
(1) when received;
(2) five days after its deposit in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed;
(3) on the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the addressee.
(F) Oral notice is effective when communicated if communicated in a comprehensible manner.
(G) If Chapter 43 prescribes notice requirements for particular circumstances, those requirements govern. If the articles of organization or the operating agreement prescribe notice requirements, not inconsistent with this section or other provisions of Chapter 43, those requirements govern.
Section 33-43-1404. Rules of construction.
(A) It is the policy of this chapter to give maximum effect to the principle of freedom of contract and to the enforceability of operating agreements.
(B) Unless displaced by particular provisions of this chapter, the principles of law and equity supplement this chapter.
(C) Rules that statutes in derogation of the common law are to be strictly construed shall have no application to this chapter.
Section 33-43-1405. Jurisdiction of the circuit court.
The circuit courts shall have jurisdiction to enforce the provisions of this chapter.
Section 33-43-1406. Severability.
If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application. To this end, the provisions of this chapter are severable.
Section 33-43-1407. Interstate application.
A limited liability organized and existing under this chapter may conduct its business, carry on its operations, and have and exercise the powers granted by this chapter in any state or foreign country.
Section 33-43-1408. The term 'partnership' includes the term 'limited liability company'.
Except (1) as otherwise required by the context, (2) as inconsistent with the provisions of this chapter, and (3) for this chapter, Chapters 41 and 42 of Title 33, and Title 12, the term 'partnership' or 'general partnership', when used in any other statute or in any regulation, includes and also means 'limited liability company'.
Section 33-43-1409. The General Assembly of South Carolina has power to provide regulations regarding Chapter 43 of this title and to amend or repeal all or any part of Chapter 43 of Title 33 or its regulations at any time; and all domestic and foreign limited liability companies subject to Chapter 43 of this title are governed by the amendment or repeal."
SECTION 2. The 1976 Code is amended by adding:
"Section 12-2-25. Limited liability companies.
(A) As used in this title and unless otherwise required by the context:
(1) 'Partnership' includes a limited liability company taxed for South Carolina income tax purposes as a partnership.
(2) 'Partner' includes any member of a limited liability company taxed for South Carolina income tax purposes as a partnership.
(3) 'Corporation' includes a limited liability company or professional or other association taxed for South Carolina income tax purposes as a corporation.
(4) 'Shareholder' includes any member of a limited liability company taxed for South Carolina income tax purposes as a corporation."
SECTION 3. Section 33-41-20 of the 1976 Code is amended to read:
"Section 33-41-20. As used in this chapter:
(1) 'Court' includes every court and judge having jurisdiction in the case;
(2) 'Business' includes every trade, occupation, or profession;
(3) 'Bankrupt' includes a bankrupt under the Federal Bankruptcy Act or an insolvent under any state insolvent act;
(4) 'Conveyance' includes every assignment, lease, mortgage, or encumbrance; and
(5) 'Real property' includes land and any interest or estate in land.; and
(6) 'Registered limited liability partnership' includes a partnership formed pursuant to an agreement governed by the laws of this State, registered under Section 33-41-1110 and complying with Sections 33-41-1120 and 33-41-1130."
SECTION 4. Section 33-41-210 of the 1976 Code is amended to read:
"Section 33-41-210. A 'partnership' is an association of two or more persons to carry on as co-owners a business for profit and includes, for all purposes of the laws of this State, a registered limited liability partnership. But However, any association formed under any other statute of this State or any statute adopted by authority, other than the authority of this State, is not a partnership under this chapter unless such the association would have been a partnership in this State prior to before the adoption of this chapter on February 13, 1950.
But this This chapter shall apply to limited partnerships except in so far as the statutes relating to such the partnerships are inconsistent herewith with the provisions of this chapter."
SECTION 5. Section 33-41-370 of the 1976 Code is amended to read:
"Section 33-41-370. (A) Except as provided by subsection (B), All all partners are liable jointly and severally for everything chargeable to the partnership.
(B) Subject to subsections (C) and (D), a partner in a registered limited liability partnership is not liable directly or indirectly, including by way of indemnification, contribution, or otherwise, for debts, obligations, and liabilities chargeable to the partnership arising from negligence, wrongful acts, or misconduct committed while the partnership is a registered limited liability partnership and in the course of the partnership business by another partner or an employee, agent, or representative of the partnership.
(C) Subsection (B) shall not affect the liability of a partner in a registered limited liability partnership for his own negligence, wrongful acts, or misconduct, or that of a person under his direct supervision and control.
(D) Each individual who renders professional services on behalf of a registered limited liability partnership is liable for a negligent or wrongful act or omission in which he personally participates to the same extent as if he rendered the services as a sole practitioner. A partner of a registered limited liability partnership which renders professional services, as defined in Section 33-19-103(7), is not liable for the negligence, wrongful acts, misconduct, or omissions of other partners, agents, or employees of the registered limited liability partnership unless he is at fault in appointing, supervising, or cooperating with them."
SECTION 6. Section 33-41-510(1) of the 1976 Code is amended to read:
"(1) each partner shall be repaid his contributions, whether by way of capital or advances to the partnership property, and share equally in the profits and surplus remaining after all liabilities, including those to partners, are satisfied. And Except as provided in Section 33-41-370(B), each partner must shall contribute toward the losses, whether of capital or otherwise, sustained by the partnership according to his share in the profits;"
SECTION 7. Section 33-41-960 of the 1976 Code is amended to read:
"Section 33-41-960. When the dissolution is caused by the act, death, or bankruptcy of a partner, each partner is liable to his copartners for his share of any liability created by any a partner acting for the partnership as if the partnership had not been dissolved unless:
(1) the dissolution being by act of any a partner, the partner acting for the partnership had knowledge of the dissolution; or
(2) the dissolution being by the death or bankruptcy of a partner, the partner acting for the partnership had knowledge or notice of the death or bankruptcy.; or
(3) the liability is for a debt, obligation, or liability for which the partner is not liable as provided in Section 33-41-370(B)."
SECTION 8. Section 33-41-1010(4) of the 1976 Code is amended to read:
"(4) The individual property of a deceased partner shall must be liable for all those obligations of the partnership incurred while he was a partner and for which he was liable under Section 33-41-370 but subject to the prior payment of his separate debts."
SECTION 9. Section 33-41-1060 of the 1976 Code is amended to read:
"Section 33-41-1060. In settling accounts between the partners after dissolution the following rules shall must be observed, subject to any agreement to the contrary:
(1) the assets of the partnership are:
(a) the partnership property and
(b) the contributions of the partners necessary for the payment of all the liabilities specified in item (2) (4) of this section;
(2) the liabilities of the partnership shall rank in order of payment, as follows:
(a) those owing to creditors other than partners,
(b) those owing to partners other than for capital and profits,
(c) those owing to partners in respect of capital, and
(d) those owing to partners in respect of profits;
(3) the assets shall must be applied in the order of their declaration in item (1) of this section to the satisfaction of the liabilities;
(4) except as provided in Section 33-41-370(B):
(a) the partners shall contribute, as provided by Section 33-41-510, the amount necessary to satisfy the liabilities; but if and
(b) if any, but not all, of the partners are insolvent or, not being subject to process, refuse to contribute, the other partners shall contribute their share of the liabilities and, in the relative proportions in which they share the profits, the additional amount necessary to pay the liabilities;
(5) an assignee for the benefit of creditors or any person appointed by the court shall have the right to enforce the contributions specified in item (4) of this section;
(6) any partner or his legal representative shall have the right to enforce the contributions specified in item (4) of this section to the extent of the amount which he has paid in excess of his share of the liability;
(7) the individual property of a deceased partner shall must be liable for the contributions specified in item (4) of this section;
(8) when partnership property and the individual properties of the partners are in possession of a court for distribution, partnership creditors shall have priority on partnership property and separate creditors on individual property, saving the rights of lien or secured creditors as heretofore provided by law; and
(9) when a partner has become bankrupt or his estate is insolvent the claims against his separate property shall must rank in the following order:
(a) those owing to separate creditors,
(b) those owing to partnership creditors, and
(c) those owing to partners by way of contribution."
SECTION 10. Title 33, Chapter 41 of the 1976 Code is amended by adding:
"Section 33-41-1110. (A) To become and to continue as a registered limited liability partnership, a partnership shall file with the Secretary of State an application or a renewal application, as the case may be, stating the name of the partnership; the address of its principal office, if the partnership's principal office is not located in this State; the address of a registered office, and the name and address of a registered agent for service of process in this State, which the partnership will be required to maintain; the number of partners; a brief statement of the business in which the partnership engages, and that the partnership applies for status or renewal of its status, as the case may be, as a registered limited liability partnership.
(B) The application or renewal application must be executed by a majority in interest of the partners or by one or more partners authorized to execute an application or renewal application.
(C) The application or renewal application must be accompanied by a fee of one hundred dollars.
(D) The Secretary of State shall register as a registered limited liability partnership and shall renew the registration of any registered limited liability partnership, any partnership that submits a completed application or renewal application with the required fee.
(E) Registration is effective for one year after the date an application is filed unless voluntarily withdrawn pursuant to Section 33-41-1190. Registration, whether pursuant to an original application or a renewal application, as a registered limited liability partnership is renewed if during the sixty-day period preceding the date the application or renewal application otherwise would have expired the partnership files with the Secretary of State a renewal application. A renewal application expires one year after the date an original application would have expired if the last renewal of the application had not occurred.
(F) The status of a partnership as a registered limited liability partnership may not be affected by changes after the filing of an application or a renewal application in the information stated in the application or renewal application.
(G) The Secretary of State may provide forms for application for or for renewal of registration.
Section 33-41-1120. The name of a registered limited liability partnership must contain the words 'Registered Limited Liability Partnership' or the abbreviation 'L.L.P.' as the last words or letters of its name.
Section 33-41-1130. (A)(1) A registered limited liability partnership shall carry at least $100,000 of liability insurance, beyond the amount of any applicable deductible, of a type that is designed to cover the kinds of negligence, wrongful acts, and misconduct for which liability is limited by Section 33-41-370(B) and which insures the partnership and its partners.
(2) A registered liability partnership which renders professional services, as defined in Section 33-19-103(7), shall carry such additional insurance of the type described in item (1) of this subsection as may be required by the appropriate licensing authority. Professional service licensing authorities may prescribe additional insurance only on the profession as a whole, and not only on individual service providers.
(B) If a registered limited liability partnership is in compliance with the requirements of subsection (A), the requirements of this section shall not be admissible or in any way made known to a jury in determining an issue of liability for or extent of the debt or obligation or damages in question.
(C) A registered limited liability partnership is considered to be in compliance with subsection (A) if the partnership provides $100,000, or such higher amount as required by the appropriate licensing authority pursuant to subsection (A)(2), of funds specifically designated and segregated for the satisfaction of judgments against the partnership or its partners based on the kinds of negligence, wrongful acts, and misconduct for which liability is limited by Section 33-41-370(B) by:
(1) deposit in trust or in bank escrow of cash, bank certificates of deposit, or United States Treasury obligations; or
(2) a bank letter of credit or insurance company bond.
(D) Nothing in this section shall be construed to:
(1) limit the amount of damages for which a:
(a) registered limited liability partnership is liable with respect to the kinds of negligence, wrongful acts, or misconduct for which liability is limited by Section 37-41-370(B); or
(b) partner of a registered limited liability partnership is liable under Section 33-41-370; or
(2) constitute a determination of the adequacy of capitalization of a registered limited liability partnership for any purpose.
Section 33-41-1140. A limited liability partnership organized and existing under this chapter may conduct its business, carry on its operations, and have and exercise the powers granted by this chapter in any state or foreign country.
Section 33-41-1150. (A) Subject to the Constitution of South Carolina and except as provided in subsection (B), the laws of the State or other jurisdiction under which a foreign limited liability partnership is organized shall govern the organization and internal affairs, the liability of partners for debts, obligations, and liabilities chargeable to the partnership, and the authority of partners of a foreign limited liability partnership transacting business in South Carolina.
(B) A foreign limited liability partnership that has obtained a certificate of authority to transact business in South Carolina pursuant to Chapter 41 of Title 33 and its partners have no greater rights and privileges than a domestic limited liability partnership and its partners with respect to transactions and relationship with persons who are not members. The certificate of authority does not authorize the foreign limited liability partnership to exercise any powers or engage in any business in which a domestic limited liability partnership is forbidden to exercise or engage by the laws of this State.
(C) An individual who renders professional services in this State on behalf of a foreign limited liability partnership is liable as set forth in Section 33-41-370(D).
Section 33-41-1160. (A) A foreign limited liability partnership may apply for a certificate of authority to transact business in this State by delivering an application to the Secretary of State for filing. The application must set forth:
(1) the name of the foreign limited liability partnership that satisfies the requirements of Section 33-41-1120;
(2) the name of the state or country under which it is organized;
(3) its date of organization;
(4) the street address of its proposed registered office in this State and the name of its proposed registered agent at that office; and
(5) a statement that the foreign limited liability partnership has liability insurance of the amount and type described in Section 33-41-1130(A)(1) or segregated funds as described in Section 33-41-1130(C) in an amount equal to or greater than the amount specified in Section 33-41-1130(A)(1).
(B) The foreign limited liability partnership shall deliver with the completed application a certificate of existence (or a document of similar import) duly authenticated by the Secretary of State or other official having custody of limited liability partnership records in the state or country under which law it is organized.
(C) If the foreign limited liability partnership renders 'professional services' as defined in Section 33-19-103(7), the application required by subsection (A) must also contain a statement that:
(1) all of its partners are licensed in one or more states to render the professional services which the foreign limited liability partnership practices and that one or more of its partners is licensed in South Carolina to render such professional services; and
(2) the foreign limited liability partnership is in compliance with the requirements of Section 33-41-1130(A)(2); provided, however, that to the extent any such requirements are determined by reference to the number of licensed partners or individuals, such determination shall be made on the basis of the number of partners or individuals who render professional services in South Carolina.
(D) The Secretary of State shall collect a fee of one hundred dollars when a foreign limited liability partnership delivers to him for filing an annual or renewal application for a certificate to transact business in this State.
Section 33-41-1170. (A) If the Secretary of State finds that an application for a certificate of authority to transact business in this State conforms to the provisions of this article and all requisite fees have been paid, the Secretary shall:
(1) endorse on each signed original and duplicate copy the word 'filed' and the date and time of its acceptance for filing;
(2) retain the signed original in the Secretary of State's files; and
(3) return the duplicate copy to the person who filed it or the person's representative.
(B) If the Secretary of State is unable to make the determination required for filing by subsection (A) at the time any documents are delivered for filing, the documents are considered to have been filed at the time of delivery if the Secretary of State subsequently determines that:
(1) the documents as delivered conform to the filing provisions of this act; or
(2) within twenty days after notification of nonconformance is given by the Secretary of State to the person who delivered the documents for filing for the person's representative, the documents are brought into conformance.
(C) If the filing and determination requirements of this act are not satisfied within the time prescribed in subsection (B)(2), the documents shall not be filed.
(D) A certificate of authority to transact business in this State is effective for one year after the date the application is filed unless voluntarily withdrawn pursuant to Section 33-41-1190. Registration, whether pursuant to an original application or a renewal application, as a registered limited liability partnership is renewed if, during the sixty-day period preceding the date the application or renewal application otherwise would have expired, the partnership files with the Secretary of State a renewal application. A renewal application expires one year after the date an original application would have expired if the last renewal of the application had not occurred.
Section 33-41-1180. (A) The application for a foreign limited liability partnership's certificate of authority to transact business in this State is amended by filing articles of amendment with the Secretary of State signed by a person with authority to do so under the laws of the State or other jurisdiction of its formation. The articles of amendment shall set forth:
(1) the name of the foreign limited liability partnership;
(2) the date the original application for registration was filed; and
(3) the amendment to the application for registration.
(B) The application for a certificate to transact business in this State may be amended in any way, provided that the application, as amended, contains only provisions that may be lawfully contained in an application for a certificate to transact business in this State at the time of the amendment.
(C) A foreign limited liability partnership authorized to transact business in South Carolina must obtain an amended certificate of authority from the Secretary of State if it changes:
(1) its limited liability partnership name;
(2) the street address of its registered office in this State or the name of its registered agent at that office; or
(3) the state or country of its organization.
An amended certificate of authorization must also be obtained if there is a false or erroneous statement in the original filed application for a certificate of authority.
(D) The Secretary of State shall collect a fee of one hundred dollars when a foreign limited liability partnership delivers to him for filing an amendment to a certificate to transact business in this State.
Section 33-41-1190. (A) A foreign limited liability partnership authorized to transact business in this State may cancel its registration upon procuring from the Secretary of State a certificate of cancellation. In order to procure such certificate, the foreign limited liability partnership shall deliver to the Secretary of State an application for cancellation, which shall set forth:
(1) the name of the foreign limited liability partnership and the state or other jurisdiction under the laws of which it is formed;
(2) that the foreign limited liability partnership is not transacting business in this State;
(3) that the foreign limited liability partnership surrenders its certificate of authority to transact business in this State;
(4) that the foreign limited liability partnership revokes the authority of its registered agent for service of process in this State and consents that service of process in any action, suit, or proceeding based upon any cause of action arising in this State may thereafter be made on such foreign limited liability partnership by service thereof upon the Secretary of State; and
(5) an address to which a person may mail a copy of any process against the foreign limited liability partnership.
(B) The application for cancellation shall be in the form and manner designated by the Secretary of State and shall be executed on behalf of the foreign limited liability partnership by a person with authority to do so under the laws of the State or other jurisdiction of its formation, or if the foreign limited liability partnership is in the hands of a receiver, trustee, or other court-appointed fiduciary by that fiduciary.
(C) A cancellation does not terminate the authority of the Secretary of State to accept service of process on the foreign limited liability partnership with respect to causes of action arising out of the transaction of business in this State.
Section 33-41-1200. (A) A foreign limited liability partnership transacting business in this State may not maintain an action, suit, or proceeding in a court of this State until the Secretary of State has issued it a certificate of authority to transact business in this State.
(B) The failure of a foreign limited liability partnership to register in this State does not:
(1) impair the validity of any contract or act of the foreign limited liability partnership;
(2) affect the right of any other party to the contract to maintain any action, suit, or proceeding on the contract; or
(3) prevent the foreign limited liability partnership from defending any action, suit, or proceeding in any court of this State.
(C) A foreign limited liability partnership, by transacting business in this State without registration, appoints the Secretary of State as its agent for service of process with respect to a cause of action arising out of the transaction of business in this State.
(D) A foreign limited liability partnership which transacts business in this State without a certificate of authority shall be liable to the State for the years or parts thereof during which it transacted business in this State without a certificate of authority in an amount equal to all fees which would have been imposed by this chapter upon that foreign limited liability partnership had it duly registered, and all penalties imposed by this chapter, the Attorney General may bring proceedings to recover all amounts due this State under the provisions of this section.
(E) A foreign limited liability partnership which transacts business in this State without a certificate of authority shall be subject to a civil penalty, payable to the State of ten dollars per day, not to exceed one thousand dollars per year.
(F) The civil penalty set forth in subsection (E) may be recovered in an action brought within a court by the Attorney General. Upon a finding by the court that a foreign limited liability partnership has transacted business in this State in violation of this chapter, the court shall issue, in addition to the imposition of a civil penalty, an injunction restraining further transactions of the business of the foreign limited liability partnership and the further exercise of any limited liability partnership's rights and privileges in this State. The foreign limited liability partnership shall be enjoined from transacting business in this State until all civil penalties plus any interest and court costs which the court may assess have been paid and until the foreign limited liability partnership has otherwise complied with the provisions of this article.
(G) A partner of a foreign limited liability partnership is not liable for the debts and obligations of the limited liability partnership solely because the limited liability partnership transacted business in this State without registration.
Section 33-41-1210. (A) A foreign limited liability partnership may not transact business in this State until it obtains a certificate of authority from the Secretary of State.
(B) The following activities, among others, do not constitute transacting business within the meaning of subsection (A):
(1) maintaining, defending, or settling any proceeding;
(2) holding meetings of the partners or carrying on other activities concerning internal affairs;
(3) maintaining bank accounts;
(4) selling through independent contractors;
(5) soliciting or obtaining orders, whether by mail or through employees or agents or otherwise, if the orders require acceptance outside this State before they become contracts;
(6) creating or acquiring any indebtedness, mortgages, and security interests in real or personal property;
(7) securing or collecting any debts or enforcing mortgages, security interests, or any other rights in property securing debts;
(8) owning, without more, real or personal property;
(9) conducting an isolated transaction that is completed within thirty days and that is not one in the course of repeated transactions of like nature; and
(10) transacting business in interstate commerce.
(C) A foreign limited liability partnership which renders a professional service is not required to obtain a certificate of authority to transact business in this State unless it maintains or intends to maintain an office in this State for the conduct of business or professional practice.
(D) The list of activities in subsection (B) is not exhaustive.
Section 33-41-1220. The General Assembly of South Carolina has power to provide regulations regarding Chapter 41 of this title and to amend or repeal all or any part of Chapter 41 of Title 33 or its regulations at any time; and all domestic and foreign limited liability partnerships subject to Chapter 41 of this title are governed by the amendment or repeal."
SECTION 11. This act takes effect upon approval by the Governor. /
Amend title to conform.
/s/Glenn F. McConnell /s/Robert A. Barber, Jr. /s/H. Samuel Stilwell /s/Timothy Wilkes /s/Ernest Passailaigue /s/James L. Cromer, Jr. On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The following Bill and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1422 -- Senator Macaulay: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM IN OCONEE COUNTY TO BE HELD AT THE SAME TIME AS THE 1994 PRIMARIES TO DETERMINE THE WISHES OF THE ELECTORS OF THE COUNTY AS TO WHETHER THE COUNTY SUPERINTENDENT OF EDUCATION MUST BE ELECTED OR APPOINTED BY THE BOARD OF TRUSTEES OF THE OCONEE COUNTY SCHOOL DISTRICT AND TO DETERMINE THE WISHES OF THE ELECTORS OF THE COUNTY AS TO WHETHER THE BOARD OF TRUSTEES OF THE OCONEE COUNTY SCHOOL DISTRICT BE REDUCED IN NUMBER FROM NINE MEMBERS TO FIVE MEMBERS FROM THE SAME SINGLE MEMBER ELECTION DISTRICTS UTILIZED FOR THE ELECTION OF THE MEMBERS OF THE OCONEE COUNTY COUNCIL.
S. 1370 -- Senators Bryan and O'Dell: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE BOUNDARIES OF WESTERN CAROLINA REGIONAL SEWER AUTHORITY, IS FURTHER AMENDED SO AS TO ADD A NEW AREA TO THE DISTRICT.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1403 -- Senator Gregory: A BILL TO PROHIBIT THE CITY OF LANCASTER FROM DISCONTINUING SEWER SERVICE TO A PERSON WHO CHOOSES TO DISCONNECT FROM THAT MUNICIPALITY'S WATER SYSTEM AND PROHIBIT THE CITY OF LANCASTER FROM CHARGING AN ASSESSMENT OR FEE TO FORMER CUSTOMERS LOCATED OUTSIDE ITS CORPORATE LIMITS; AND TO EXEMPT FROM REGULATION GROUNDWATER WELLS LOCATED OUTSIDE OF THE CITY OF LANCASTER FOR USE AS A PERSON'S ONLY SOURCE OF WATER.
S. 1432 -- Senator Mescher: A BILL TO AMEND ACT 1093 OF 1966, AS LAST AMENDED BY ACT 437 OF 1973, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE GOOSE CREEK RECREATION COMMISSION.
S. 1284 -- Senator Hayes: A BILL TO AMEND SECTION 4-29-68, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SOURCE REVENUE BONDS, SO AS TO CLARIFY THAT REVENUES RECEIVED AND RETAINED BY A COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE DISTRICT FROM A PAYMENT IN LIEU OF TAXES PURSUANT TO THE PROVISIONS OF SECTION 4-1-170, 4-29-60, OR 4-29-67 AND THESE REVENUES ARE DERIVED IN WHOLE OR IN PART FROM A REDEVELOPMENT PROJECT AREA ESTABLISHED PURSUANT TO CHAPTER 6, TITLE 31, SHALL ALLOCATE THE REVENUES IN ACCORDANCE WITH THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 31-6-70 AS IF THESE REVENUES REMAINED AD VALOREM TAXES, PROVIDE THAT ALL TAXES COLLECTED IN THE REDEVELOPMENT PROJECT AREA NOT SUBJECT TO THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO SECTION 31-6-70 BECOME PAYMENTS IN LIEU OF TAXES AND THE PORTION COLLECTED BY THE MUNICIPALITY MAY BE PLEDGED TO SECURE SPECIAL SOURCE REVENUE BONDS.
S. 1421 -- Senators Moore and Ryberg: A BILL TO AMEND ACT 268 OF 1989 TO CHANGE THE TAX MILLAGE FOR THE SCHOOL DISTRICT OF AIKEN COUNTY FOR THE YEAR 1994 AND THEREAFTER.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1269 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-175 SO AS TO ESTABLISH AN INSTRUCTOR'S LICENSE FOR DENTISTS LICENSED IN ANOTHER STATE WHO TEACH DENTAL MEDICINE IN SOUTH CAROLINA FULL-TIME; AND BY ADDING SECTION 40-15-177 SO AS TO ESTABLISH RESTRICTED VOLUNTEER DENTIST AND DENTAL HYGIENIST LICENSES FOR PROVIDING THESE SERVICES ON A VOLUNTEER BASIS TO PERSONS WITHOUT DENTAL INSURANCE OR ACCESS TO OTHER FINANCIAL ASSISTANCE FOR DENTAL CARE.
S. 891 -- Senators Short, Greg Smith, Washington and Mescher: A BILL TO AMEND ARTICLE 1, CHAPTER 5, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION 43-5-24, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE THE DEPARTMENT OF SOCIAL SERVICES INFORMATION ON METHODS OF CONTRACEPTION AND FAMILY PLANNING TO BE DISSEMINATED TO INDIVIDUALS SEEKING ASSISTANCE.
S. 927 -- Senators Giese, Passailaigue, Glover, Hayes, Holland, Lander, Mitchell, O'Dell, Reese, Short, Washington, Rose, Leventis, Wilson, Rankin and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE, AND TO PROVIDE FOR THE REQUIREMENTS OF THE COURSE.
The following Bill was taken up.
S. 953 -- Senator Courtney: A BILL TO AMEND SECTION 24-21-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESENTENCE INVESTIGATIONS OF CRIMINAL SUSPECTS, SO AS TO PROVIDE THAT THE DEFENDANT MAY WAIVE THE PRESENTENCE INVESTIGATION IF PLEADING GUILTY OR NOLO CONTENDERE; AND TO AMEND SECTION 24-21-530, RELATING TO PRESENTENCE INVESTIGATIONS SO AS TO ALLOW WAIVER PURSUANT TO SECTION 24-21-530.
Rep. HODGES, with unanimous consent, proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\GJK\21008SD.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. Article 9, Chapter 6, Title 23 of the 1976 Code, as last amended by Act No. 181 of 1993, is further amended to read:
Section 23-6-400. (A) There is created a Division of Training and Continuing Education to operate a training program for law enforcement officers and other persons employed in the criminal justice system in this State and to establish and maintain minimum standards in law enforcement selection and training.
(B) It is the intent of this article to encourage all law enforcement officers, departments, and agencies within this State to adopt standards which are higher than the minimum standards implemented pursuant to this article, and these minimum standards in no way may be considered sufficient or adequate in those cases where higher standards have been adopted or proposed. Nothing herein may be construed to preclude an employing agency from establishing qualifications and standards for hiring or training law enforcement officers which exceed the minimum standards set by the council, hereinafter created department, nor, unless specifically stated, may anything herein be construed to affect any sheriff, constable, or other law enforcement officer elected under the provisions of the Constitution of this State.
(C) It is the intent of the General Assembly in creating a facility and a governing council The advisory council may recommend to the director methods to maximize training opportunities for law enforcement officers and criminal justice personnel, to coordinate training, and to set standards for the law enforcement and criminal justice service, all of which are imperative to upgrading law enforcement to professional status.
(D) Whenever used in this article, and for the purposes of this article, unless the context clearly denotes otherwise:
(1) 'Law enforcement officer' means an appointed officer or employee hired by and regularly on the payroll of the State or any of its political subdivisions, who is granted statutory authority to enforce all or some of the criminal, traffic, and penal laws of the State and who possesses, with respect to those laws, the power to effect arrests for offenses committed or alleged to have been committed.
(2) 'Advisory Council' means the Law Enforcement Training Advisory Council created by this article.
Section 23-6-410. The division must establish and maintain a central training facility which must be located near the geographical and population center of the State, and which shall provide facilities and training for all officers from state, county, and local law enforcement agencies and for other designated persons in the criminal justice system; provided, that correctional officers and other personnel employed or appointed by the South Carolina Department of Corrections may be trained by the department. The Deputy Director of the Division of Training and Continuing Education is responsible for selection of instructors, course content, maintenance of physical facilities, recordkeeping, supervision of personnel, scheduling of classes, enforcement of minimum standards for certification, and other matters as may be recommended by the advisory council and approved by the Director of the Department of Public Safety.
Section 23-6-420. (A) There is created a South Carolina Law Enforcement Training Advisory Council consisting of fourteen members:
(1) the Attorney General of South Carolina;
(2) the Chief of the South Carolina Law Enforcement Division;
(3) the Commanding Officer of the South Carolina Highway Patrol the Director of the Department of Public Safety;
(4) the Commanding Officer of the South Carolina State Police the Director of the Department of Natural Resources;
(5) the Commanding Officer of the State Natural Resources Police;
(6) the Director of the Department of Corrections;
(7) (6) the Dean or Chairman of the University of South Carolina School of Law Criminal Justice;
(7) the special agent in charge of the Federal Bureau of Investigation, Columbia Division;
(8) one chief of police from a municipality having a population of less than ten thousand; this person to be appointed by the Governor for a term of four years;
(9) one chief of police from a municipality having a population of more than ten thousand; this person to be appointed by the Governor for a term of four years;
(10) one county sheriff engaged in full-time performance of duties as a law enforcement officer and from a county having a population of less than fifty thousand; this person to be appointed by the Governor for a term of four years;
(11) one county sheriff engaged in full-time performance of duties as a law enforcement officer and from a county having a population of more than fifty thousand; this person to be appointed by the Governor for a term of four years;
(12) one detention director who is responsible for the operation and management of a county or multi-jurisdictional jail; this person to be appointed by the Governor for a term of four years;
(13) one person employed in the administration of any municipality or holding a municipal elective office; this person to be appointed by the Governor for a term of four years;
(12) (14) one person employed in the administration of county government or elected to a county governing body; this person to be appointed by the Governor for a term of four years;.
(13) the special agent in charge of the Federal Bureau of Investigation, Columbia Division;
(14) the Director of the Department of Public Safety.
(B)(1) The members provided for in (1) through (6) (7) above are ex officio members with full voting rights.
(2) The members provided for in (7) (8) through (11) (14) above shall serve terms as herein provided. In the event that a vacancy arises it must be filled for the remainder of the term in the manner of the original appointment or designation.
(C) This council shall elect one of its members The Director of the Department of Public Safety shall serve as chairman of the advisory council. The advisory council may elect another one of its members to serve as vice-chairman and one as vice-chairman; these shall serve a term of one year in this capacity and may be re-elected. The advisory council shall meet at the call of the chairman or at the call of a majority of the members of the advisory council, but no fewer than four times each year. The advisory council shall establish its own procedures with respect to quorum, place, and conduct of meetings.
(D) Members of the advisory council shall serve without compensation.
(E) A An advisory council member who terminates his holding of the office or employment which qualified him for appointment shall cease immediately to be a member of the advisory council; the person appointed to fill the vacancy shall do so for the unexpired term of the member whom he succeeds.
Section 23-6-430. No law enforcement officer employed or appointed on or after July 1, 1989, by any public law enforcement agency in this State is authorized to enforce the laws or ordinances of this State or any political subdivision thereof unless he has been certified as qualified by the council Department of Public Safety, except that any public law enforcement agency in this State may appoint or employ as a law enforcement officer, a person who is not certified if, within one year after the date of employment or appointment, the person secures certification from the council department; provided, that if any public law enforcement agency employs or appoints as a law enforcement officer a person who is not certified, the person shall not perform any of the duties of a law enforcement officer involving the control or direction of members of the public or exercising the power of arrest until he has successfully completed a firearms qualification program approved by the council department; and provided, further, that within three working days of employment the council department must be notified by a public law enforcement agency that a person has been employed by that agency as a law enforcement officer, and within three working days of the notice the firearms qualification program as approved by the council director must be provided to the newly hired personnel. If the firearms qualification program approved by the council director is not available within three working days after receipt of the notice, then the public law enforcement agency making the request for the firearms qualification program may employ the person to perform any of the duties of a law enforcement officer, including those involving the control and direction of members of the public and exercising the powers of arrest. Should any such person fail to secure certification within one year from his date of employment, he may not perform any of the duties of a law enforcement officer involving control or direction of members of the public or exercising the power of arrest until he has been certified. He is not eligible for employment or appointment by any other agency in South Carolina as a law enforcement officer, nor is he eligible for any compensation by any law enforcement agency for services performed as an officer. Exceptions to the one-year rule may be granted by the council director in these cases:
(a) military leave or injury occurring during that first year which would preclude the receiving of training within the usual period of time; or
(b) in the event of the timely filing of application for training, which application, under circumstances of time and physical limitations, cannot be honored by the training academy within the prescribed period; or
(c) upon presentation of documentary evidence that the officer-candidate has successfully completed equivalent training in one of the other states which by law regulate and supervise the quality of police training and which require a minimum basic or recruit course of duration and content at least equivalent to that provided in this article or by standards set by the South Carolina Law Enforcement Training Council Department of Public Safety; or
(d) if it is determined by documentary evidence that the training will result in undue hardship to the requesting agency, the requesting agency must propose an alternate training schedule for approval.
Section 23-6-440. (A) At the request of any public law enforcement agency of this State the council department is hereby authorized to issue certificates and other appropriate indicia of compliance and qualification to law enforcement officers or other persons trained under the provisions of this article. Members of the advisory council may individually or collectively visit and inspect any training school, class, or academy dealing with present or prospective law enforcement officers, and are expected to promote the most efficient and economical program for police training, including the maximum utilization of existing facilities and programs for the purpose of avoiding duplication. The advisory council may, at the request of the director, make recommendations to the director, the General Assembly, or to the Governor regarding the carrying out of the purposes, objectives, and intentions of this article or other acts relating to training in law enforcement.
(B) All city and county police departments, sheriffs' offices, state agencies, or other employers of law enforcement officers having such officers as candidates for certification shall submit to the council director, for its his confidential information and subsequent safekeeping, the following:
(1) an application under oath on a format prescribed by council the director;
(2) evidence satisfactory to the council director that the candidate has completed high school and received a high school diploma, equivalency certificate (military or other) recognized and accepted by the South Carolina Department of Education or South Carolina special certificate;
(3) evidence satisfactory to council the director of the candidate's physical fitness to fulfill the duties of a law enforcement officer including:
(a) a copy of his medical history compiled by a licensed physician or medical examiner approved by the employer;
(b) a certificate of a licensed physician that the candidate has recently undergone a complete medical examination and the results thereof;
(4) evidence satisfactory to the council director that the applicant has not been convicted of any criminal offense that carries a sentence of one year or more or of any criminal offense that involves moral turpitude. Forfeiture of bond, a guilty plea, or a plea of nolo contendere is considered the equivalent of a conviction;
(5) evidence satisfactory to council the director that the candidate is a person of good character. This evidence must include, but is not limited to:
(a) certification by the candidate's employer that a background investigation has been conducted and the employer is of the opinion that the candidate is of good character;
(b) evidence satisfactory to council the director that the candidate holds a valid current South Carolina driver's license with no record during the previous five years for suspension of driver's license as a result of driving under the influence of alcoholic beverages or dangerous drugs, driving while impaired (or the equivalent), reckless homicide, involuntary manslaughter, or leaving the scene of an accident. Candidates for certification as Class II-SCO (Department of Corrections) in any county with a prison system that borders another State state may hold a valid current driver's license issued by any jurisdiction of the United States;
(c) evidence satisfactory to council the director that a local credit check has been made with favorable results;
(d) evidence satisfactory to council the director that the candidate's fingerprint record as received from the Federal Bureau of Investigation and South Carolina Law Enforcement Division indicates no record of felony convictions.
In the council's director's determination of good character, council the director shall give consideration to all law violations, including traffic and conservation law convictions, as indicating a lack of good character. The council director shall also give consideration to the candidate's prior history, if any, of alcohol and drug abuse in arriving at its a determination of good character;
(6) a copy of the candidate's photograph;
(7) a copy of the candidate's fingerprints;
(8) evidence satisfactory to council the director that the candidate's present age is not less than twenty-one years. This evidence must include a birth certificate or another acceptable document;
(9) evidence satisfactory to council the director of successful completion of a course of law enforcement training as established and approved by the council director, and conducted at an academy or institution approved by the council director, this evidence to consist of a certificate granted by the approved institution.
(C) A certificate as a law enforcement officer issued by council the department will either expire three years from the date of issuance or upon discontinuance of employment by the officer with the employing entity or agency. The certification of any law enforcement officer issued by the council department that is current on July 1, 1989, will expire in the year 1992 on the last day of the month during which it was issued, or upon discontinuance of employment with the employing entity or agency. Prior to the expiration of the certificate, the certificate may be renewed upon application presented to the council director on a form prescribed by council the director. The application for renewal must be received by council the director at least forty-five days prior to the expiration of the certificate. If the officer's certificate has lapsed, council the department may reissue the certificate after receipt of an application and if council the director is satisfied that the officer continues to meet the requirements of subsections (B)(1) through (B)(9).
(D) Council The director may accept for training as a law enforcement officer an applicant who has met requirements of subsections (B)(1) through (B)(8).
Section 23-6-450. Subject to the approval of the director, the council The Director of the Department of Public Safety is authorized to:
(a) receive and disburse funds;, including those hereinafter provided in this article;
(b) accept any donations, contributions, funds, grants, or gifts from private individuals, foundations, agencies, corporations, or the state or federal governments, for the purpose of carrying out the programs and objectives of this article chapter;
(c) consult and cooperate with counties, municipalities, agencies, or official bodies of this State or of other states, other governmental agencies, and with universities, colleges, junior colleges, and other institutions, concerning the development of police training schools, programs, or courses of instruction, selection, and training standards, or other pertinent matters relating to law enforcement;
(d) publish or cause to be published manuals, information bulletins, newsletters, and other materials to achieve the objectives of this article chapter;
(e) make recommendations on such regulations as may be necessary for the administration of this chapter, and advise the director to issue including the issuance of orders directing that public law enforcement agencies to comply with this chapter and all regulations so promulgated;
(f) certify and train qualified candidates and applicants for law enforcement officers and provide for suspension, revocation, or restriction of the certification, in accordance with regulations promulgated by the department;
(g) require all public entities or agencies that employ or appoint law enforcement officers to provide records in the format prescribed by regulation of employment information of law enforcement officers;
(h) provide by regulation for mandatory continued training of certified law enforcement officers, this training to be completed within each of the various counties which request requesting this training on a regional basis.
Section 23-6-460. An oral or written report, document, statement, or other communication that is written, made, or delivered concerning the requirements or administration of this chapter or regulations promulgated under it must not be the subject of or basis for an action at law or in equity for slander or libel in any court of the State if the communication is between:
(1) a law enforcement agency, its agents, employees, or representatives; and
(2) the department or the advisory council, its agents, employees, or representatives.
Section 23-6-470. Every fine levied on a criminal or traffic violation in this State must have sums added to it which must be set apart and used for the division's program of training in the fields of by the Department of Public Safety for law enforcement and criminal justice related programs, and every bond for violations must have added the same amounts which must be set apart on forfeiture for the division's program of training, as follows:
(a) Fines or forfeitures up to
and including $99.00 $6.00
(b) Fines or forfeitures
above $99.00 up to and
including $200.00 $25.00
(c) Fines or forfeitures
above $200.00 up to and
including $500.00 $50.00
(d) Fines or forfeitures
above $500.00 up to and
including $1,000.00 $100.00
(e) Fines or forfeitures
above $1,000.00 $200.00
If a portion of the fine is suspended, the sum added to it as set forth in items (a) through (e) must be based upon the portion of the fine not suspended. In addition to the apportioned amounts set forth in items (a) through (e), twenty-five cents must be added to each fine or forfeiture and be paid over to the South Carolina Law Enforcement Training Council and all funds so collected shall be remitted by the department to the South Carolina Law Enforcement Hall of Fame Committee department to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. At any time when If funds collected pursuant to this paragraph exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the committee, the department may retain the surplus for use in its law enforcement training programs professional training, fees, dues, and other related services or programs as the director may deem necessary. The additional portion of fines added by this section for training programs and the South Carolina Law Enforcement Hall of Fame Committee must be assessed and collected by the respective courts or law enforcement officers, who are authorized by law to accept bond, and clearly identified as such on the judgment or bond.
Every magistrate, recorder, judge, mayor, clerk of court, or other person who receives monies from fines or bond forfeitures in criminal or traffic cases shall transmit same to the city treasurer of the incorporated city where he performs his official duties, or to the county treasurer of his county in which he performs his official duties, making the transmittal no less frequently than once each month, and doing so on or before the tenth day of the month following the month being reported. The city treasurer or county treasurer shall make a computation on the basis of the scales of fines and forfeitures set out in this article, and this computed sum must be forwarded to the State Treasurer on or before the twentieth day of that month. Any incorporated municipality in this State may enter into a mutual agreement with the county in which it is located, to provide for joint collections, computations, and transmittals under the terms and conditions as the respective bodies may agree; in these cases, receipts and transmittals required by this article must reflect, in the report of transmittal to the State Treasurer, the collection and forwarding of all these monies from the named sources. The State Treasurer shall record, before the last day of that same month, the total monthly submissions of monies from the respective county treasurers and city treasurers, and shall deposit such monies in the account and to the credit of the Law Enforcement Building and Maintenance Fund, advising the department and the Law Enforcement Training Council of the receipts and deposits Department of Public Safety for fiscal and administrative purposes, including professional training, counseling, fees, dues, and other related services or programs as the director may deem necessary. The amount the above scale provides to be set apart and used by the department for the program of training in the fields of law enforcement and criminal justice and for the South Carolina Law Enforcement Hall of Fame law enforcement and criminal justice training and programs must be added to and be levied above the fine or forfeiture imposed.
Section 23-6-480. (A) Whenever the council advises the director and finds that any public law enforcement agency is in violation of any provisions of this chapter, the director may issue an order requiring the public law enforcement agency to comply with the provision. The director may bring a civil action for injunctive relief in the appropriate court or may bring a civil enforcement action. Violation of any court order issued pursuant to this section must be considered contempt of the issuing court and punishable as provided by law. The director may also invoke the civil penalties as provided in subsection (B) for violation of the provisions of this chapter, including any order or regulation hereunder. Any public law enforcement agency against which a civil penalty is invoked by the director may appeal the decision to the Court of Common Pleas court of common pleas of the county where the public law enforcement agency is located.
(B) Any public law enforcement agency which fails to comply with this chapter and regulations promulgated pursuant to this chapter or fails to comply with any order issued by the director is liable for a civil penalty not to exceed one thousand five hundred dollars a violation. When the civil penalty authorized by this subsection is imposed upon a sheriff, the sheriff is responsible for payment of this civil penalty.
Section 23-6-490. When a municipality employs only one law enforcement officer and that officer is attending law enforcement training at the South Carolina Criminal Justice Academy as required by the provisions of Section 23-23-40 law, the sheriff of the county wherein the municipality is located, or the head of the entity in charge of countywide law enforcement if the county sheriff is not, shall provide systematic patrolling of the municipal area while its law enforcement officer is attending the training.
Section 23-6-495. Whenever, in this article chapter, the term 'department' is used, it means the Department of Public Safety and whenever the term 'division' is used, it means the Division of Training and Continuing Education of the Department of Public Safety."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the third time and ordered returned to the Senate with amendments.
The following Bill was taken up.
H. 4972 -- Reps. Felder, Wells, Beatty, Allison, Littlejohn, Townsend, Walker, Cobb-Hunter, R. Smith, Cato, G. Brown, McLeod, Waldrop, G. Bailey, Klauber, Quinn, Harvin, Houck, Richardson, Govan, McKay, Elliott, Robinson, McElveen, Davenport, Gamble and Tucker: A BILL TO CHANGE THE TITLE OF ARTICLE 5, CHAPTER 77, TITLE 38 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, FROM "REINSURANCE FACILITY AND DESIGNATED PRODUCERS" TO "REINSURANCE FACILITY, SERVICING CARRIERS AND PRODUCERS"; TO CHANGE THE TITLE OF SECTION 38-77-590 FROM "DESIGNATED PRODUCERS" TO "SERVICING CARRIERS AND PRODUCERS"; TO AMEND SECTION 38-77-590, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE REINSURANCE FACILITY, AND DESIGNATED PRODUCERS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT THE CHIEF INSURANCE COMMISSIONER, AFTER CONSULTATION WITH THE GOVERNING BOARD OF THE REINSURANCE FACILITY, SHALL DIRECT THE GOVERNING BOARD TO CONTRACT WITH ONE OR MORE INSURERS MEETING ELIGIBILITY REQUIREMENTS PROMULGATED BY THE GOVERNING BOARD TO ACT AS SERVICING CARRIERS FOR THE WRITING OF AUTOMOBILE INSURANCE THROUGH PRODUCERS ASSIGNED TO THE SERVICING CARRIER BY THE GOVERNING BOARD, THAT THE CONTRACT SHALL INCLUDE PROVISIONS FOR ONE HUNDRED PERCENT QUOTA SHARE REINSURANCE THROUGH THE FACILITY OF ANY AUTOMOBILE INSURANCE POLICY CEDED TO THE FACILITY, AND THAT THE GOVERNING BOARD MAY ESTABLISH REASONABLE NONDISCRIMINATORY STANDARDS WHICH ALL SERVICING CARRIERS MUST MEET FOR CONTRACT RENEWAL; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, INCLUDING REFERENCES TO DESIGNATED PRODUCERS, PROVIDE, AMONG OTHER THINGS, THAT MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS MAY UTILIZE DIFFERENT FILED RATES FOR CERTAIN AUTOMOBILE INSURANCE COVERAGES, AND ADD REFERENCES TO INSURERS CONTRACTED PURSUANT TO SECTION 38-77-590 AND REFERENCES TO "ASSIGNED PRODUCERS"; TO AMEND SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY FILE AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES AND THE USE OF THE COMPONENT AFTER APPROVAL, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT THE BOARD OF GOVERNORS OF THE FACILITY SHALL FILE AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES FOR USE WITH THE PURE LOSS COMPONENTS FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE AND SMALL COMMERCIAL RISKS FILED WITH THE CHIEF INSURANCE COMMISSIONER BY THE RATING ORGANIZATION WITH THE LARGEST NUMBER OF MEMBERS OR SUBSCRIBERS; TO AMEND SECTION 38-73-1425, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE, AMONG OTHER THINGS, THAT PREMIUMS ATTRIBUTABLE TO RISKS CEDED AT A COMPANY FILED RATE WHICH IS GREATER THAN THE REINSURANCE FACILITY RATE SHALL NOT BE INCLUDED WHEN DETERMINING TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS UNDER SECTION 38-77-950; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION COVERAGE AND COMPREHENSIVE COVERAGE UNDER THE AUTOMOBILE INSURANCE LAWS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT AN INSURER IS NOT REQUIRED TO WRITE PRIVATE PASSENGER PHYSICAL DAMAGE COVERAGE FOR CLASSIC CARS, ANTIQUE CARS, ANY AUTOMOBILE WITH ANY MODIFICATION TO THE CHASSIS OR WHEEL BASE, ANY AUTOMOBILE WITH A WHEEL BASE OF NINETY-NINE AND ONE-HALF INCHES OR LESS, INCLUDING UTILITY VEHICLES, OR ANY AUTOMOBILE WITHIN THE "SPORTS GROUP" OR "SPORTS PREMIUM GROUP"; AND TO AMEND SECTION 38-77-350, RELATING TO AUTOMOBILE INSURANCE AND THE FORM TO BE USED WHEN OPTIONAL COVERAGES ARE OFFERED, SO AS TO PROVIDE THAT A POLICY OF AUTOMOBILE INSURANCE OFFERED OR ISSUED BY A NEW SERVICING CARRIER FOR THE REINSURANCE FACILITY TO REPLACE A POLICY PREVIOUSLY ISSUED BY A FORMER SERVICING CARRIER AND CONTAINING THE SAME COVERAGE LIMITS AS THE FORMER POLICY CONSTITUTES A VALID REPLACEMENT POLICY THAT DOES NOT REQUIRE THE NEW SERVICING CARRIER OR AGENT TO MAKE A NEW OFFER OF COVERAGE OR TO OBTAIN A NEW APPLICATION FROM THE INSURED.
Rep. FELDER moved to table the Bill, which was agreed to.
The following Bill was taken up.
S. 959 -- Senators Short and Leventis: A BILL TO AMEND ARTICLE 3, CHAPTER 17, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLERKS OF COURT, BY ADDING SECTION 14-17-375 SO AS TO REQUIRE THE CLERKS OF COURT TO PROVIDE REPORTS TO CONSUMER REPORTING AGENCIES OF PERSONS DELINQUENT IN CHILD SUPPORT PAYMENTS IN EXCESS OF ONE THOUSAND DOLLARS.
Rep. HODGES proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16342AC.94).
Amend the bill, as and if amended, Section 43-5-585, by inserting on page 959-1, line 24 /to the appropriate/ after /provide/.
Amend title to conform.
Rep. HODGES explained the amendment.
Reps. SCOTT, WHIPPER, WHITE, KENNEDY, BYRD, NEAL and J. BROWN objected to the Bill.
Rep. TUCKER moved to adjourn debate upon the following Bill until Monday, June 6, which was adopted.
S. 1034 -- Senator Bryan: A BILL TO AMEND SECTION 17-13-140, RELATING TO THE ISSUANCE, EXECUTION, AND RETURN OF SEARCH WARRANTS, SO AS TO PROVIDE THAT IF A WARRANT IS ISSUED UPON AN AFFIDAVIT WHICH IS SUPPLEMENTED BY SWORN ORAL TESTIMONY, THE ISSUING JUDGE MUST MAKE CONTEMPORANEOUS WRITTEN NOTES OF THAT SWORN ORAL TESTIMONY AND THOSE NOTES MUST BE MADE PART OF THE RECORD; AND TO AMEND SECTION 17-13-141, RELATING TO RECORDS TO BE KEPT BY JUDICIARY OFFICERS AUTHORIZED TO ISSUE SEARCH WARRANTS, SO AS TO REQUIRE THAT THE CONTEMPORANEOUS WRITTEN NOTES OF ANY SWORN ORAL TESTIMONY WHICH SUPPLEMENTS AN AFFIDAVIT BE KEPT AS PART OF THE RECORD.
The following Bill was taken up.
S. 497 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROBATE COURT FEES AND COSTS, SO AS TO REVISE THESE FEES AND COSTS; TO AMEND SECTION 8-21-790, RELATING TO FEES FOR SETTLEMENT OF ESTATES, SO AS TO DELETE LANGUAGE AUTHORIZING THE TAX COMMISSION TO RETAIN CERTAIN OF THESE FEES; TO AMEND SECTION 20-1-230, RELATING TO THE ISSUANCE OF MARRIAGE LICENSES, SO AS TO REVISE A REFERENCE TO THE FEE FOR MARRIAGE LICENSES; AND TO REPEAL SECTION 8-21-780, RELATING TO FEES OF THE PROBATE COURT FOR PROVIDING COPIES OF CERTAIN STATEMENTS, AND SECTION 15-37-70, RELATING TO COSTS AND EXPENSES OF ADMINISTRATION AND SETTLEMENT OF SMALL ESTATES.
Rep. RUDNICK proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7348HC.93).
Amend the bill, as and if amended, page 5, line 20, by striking /$12.00/ and inserting /$10.00/.
Amend totals and title to conform.
Rep. FELDER explained the amendment.
Reps. MEACHAM, A. YOUNG and MOODY-LAWRENCE objected to the Bill.
The following Bill was taken up.
H. 4709 -- Reps. Phillips, McKay, Kinon and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-9-250 SO AS TO PROVIDE THAT IMPROVEMENTS TO PROPERTY LOCATED WITHIN A FIVE-MILE PERIMETER AROUND A PUBLICLY-OWNED AIRPORT RECEIVING STATE FUNDS MUST BE APPROVED BY THE GOVERNING BODY CHARGED BY LAW WITH THE OPERATION OF THE AIRPORT IF THE IMPROVEMENT CONSTITUTES A HAZARD TO AVIATION.
Rep. PHILLIPS moved to table the Bill, which was agreed to.
The following Bill was taken up.
S. 1358 -- Senators Leatherman, J. Verne Smith, Glover, Martin, Matthews, McGill and Peeler: A BILL TO AMEND SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME WITHHOLDING FOR CHILD SUPPORT BY ADDING SECTIONS 20-7-1200, 20-7-1210, 20-7-1220, 20-7-1230, 20-7-1240, 20-7-1250, 20-7-1260, 20-7-1270, AND 20-7-1280, SO AS TO PROVIDE PROCEDURES FOR MEDICAL CHILD SUPPORT AND INCOME WITHHOLDING, INCLUDING PROVISIONS REQUIRED IN A COURT ORDER IF A PARENT IS REQUIRED TO PROVIDE HEALTH COVERAGE; EMPLOYERS' AND HEALTH INSURERS' OBLIGATIONS UPON RECEIPT OF AN ORDER REQUIRING A PARENT TO PROVIDE HEALTH COVERAGE, INCLUDING THE WITHHOLDING OF WAGES FOR THE COST OF HEALTH INSURANCE PREMIUMS; AUTHORITY FOR THE STATE MEDICAID AGENCY TO SEEK INCOME WITHHOLDING FOR REIMBURSEMENT FOR EXPENDITURES ON BEHALF OF A CHILD; THE PRIORITY OF MEDICAL INCOME WITHHOLDING OVER OTHER LEGAL PROCESSES; PROHIBITING AN EMPLOYER FROM TAKING ACTION AGAINST AN EMPLOYEE BECAUSE OF AN INCOME WITHHOLDING ORDER FOR HEALTH COVERAGE AND PENALTIES; BY ADDING SECTION 38-71-143 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH HEALTH INSURANCE COVERAGE MUST BE PROVIDED FOR AN ADOPTED CHILD OR A CHILD PLACED FOR ADOPTION; BY ADDING SECTION 38-71-245 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A HEALTH INSURER IS PROHIBITED FROM DENYING A CHILD ENROLLMENT IN A HEALTH PLAN; BY ADDING SECTION 38-71-250 SO AS TO REQUIRE A HEALTH INSURER TO ENROLL A CHILD AND PROVIDE COVERAGE IF THE CHILD'S PARENT IS ORDERED TO PROVIDE COVERAGE AND IS ELIGIBLE FOR FAMILY COVERAGE; BY ADDING SECTION 38-71-255 SO AS TO PROHIBIT A HEALTH INSURER FROM TREATING THE STATE MEDICAID AGENCY DIFFERENTLY FROM OTHER INDIVIDUALS IF THE AGENCY HAS BEEN ASSIGNED THE RIGHTS OF A PERSON COVERED UNDER THE INSURED'S PLAN; BY ADDING SECTION 38-71-260 SO AS TO REQUIRE A HEALTH INSURER TO PROVIDE CERTAIN INFORMATION AND RIGHTS TO A NONCUSTODIAL PARENT WHO PROVIDES COVERAGE OF THEIR CHILD THROUGH THAT INSURER; BY ADDING SECTION 38-71-265 SO AS TO PROHIBIT AN INSURER FROM CONSIDERING A PERSON'S ELIGIBILITY FOR MEDICAID WHEN ENROLLING A PERSON OR MAKING PAYMENTS UNDER ITS PLAN AND TO ASSIGN THE RIGHTS TO THE STATE FOR THIRD PARTY REIMBURSEMENT WHEN THE STATE HAS MADE PAYMENTS UNDER MEDICAID ON BEHALF OF A PERSON; AND BY ADDING SECTION 43-7-460 SO AS TO DIRECT THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO SEEK RECOVERY FROM THE ESTATE OF A PERSON FOR WHOM MEDICAL ASSISTANCE WAS PAID FOR UNDER MEDICAID AND TO PROVIDE CERTAIN CONDITIONS AND PROCEDURES FOR SEEKING THE RECOVERY; TO AMEND SECTION 43-7-410, RELATING TO DEFINITIONS PERTAINING TO REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO REVISE THE DEFINITION OF "PRIVATE INSURER"; TO AMEND SECTION 43-7-440, RELATING TO THE ENFORCEMENT AND ASSIGNMENT OF RIGHTS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION AND INSURANCE CONTRACT RIGHTS OF MEDICAID RECIPIENTS, SO AS TO PROHIBIT AN ISSUER FROM TAKING INTO ACCOUNT THAT AN APPLICANT IS ELIGIBLE FOR MEDICAID AND TO PROVIDE THAT THE STATE ACQUIRES THE RIGHTS OF AN INDIVIDUAL FOR MEDICAL PAYMENTS WHEN THE PERSON RECEIVED MEDICAL ASSISTANCE PAID FOR UNDER MEDICAID; TO AMEND SECTION 62-3-805, RELATING TO CLASSIFICATION OF CREDITORS' CLAIMS FROM A DECEDENT'S ESTATE, SO AS TO INCLUDE MEDICAL ASSISTANCE PAID FOR UNDER MEDICAID; TO DESIGNATE SECTIONS 20-7-1315 THROUGH 20-7-1329 AS PART II, SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20 ENTITLED "INCOME WITHHOLDING TO ENFORCE SUPPORT OBLIGATIONS"; AND TO RENAME SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20 "INCOME WITHHOLDING".
Rep. FAIR proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16313AC.94), which was ruled out of order.
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 20-7-1643. A child may not be placed in foster care with a person who:
(1) is identified in the Statewide Central Registry, in accordance with Section 20-7-650, as the perpetrator of abuse or neglect in an indicated case;
(2) has pled guilty or nolo contendere to or who has been convicted of criminal sexual conduct or any crime which would be considered child abuse pursuant to Section 20-7-490 if the matter were before the family court; or
(3) is a homosexual or a bisexual."
SECTION ____. Section 20-7-1670 of the 1976 Code, as last amended by Act 653 of 1988, is further amended by adding at the end:
"A child may not be placed for adoption or adopted by a person who:
(1) is identified in the Statewide Central Registry, in accordance with Section 20-7-650, as the perpetrator of abuse or neglect in an indicated case;
(2) has pled guilty or nolo contendere to or who has been convicted of criminal sexual conduct or any crime which would be considered child abuse pursuant to Section 20-7-490 if the matter were before the family court; or
(3) is a homosexual or a bisexual."/
Renumber sections to conform.
Amend title to conform.
Rep. FAIR explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 1 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Reps. HODGES and SHISSIAS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\16328AC.94), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 44-7-77. The Department of Health and Environmental Control, and the Department of Social Services, in conjunction with the South Carolina Hospital Association, shall develop and implement a program to promote obtaining the voluntary acknowledgments of paternity before a newborn is released from the hospital."
SECTION ___. Section 20-7-956(6) of the 1976 Code is amended to read:
"(6) A verified voluntary acknowledgment of paternity which creates a rebuttable presumption of the putative father's paternity.
(6)(7) Any other relevant and competent evidence deemed admissible in the discretion of the court."/
Renumber sections to conform.
Amend title to conform.
Rep. SHISSIAS explained the amendment.
The amendment was then adopted.
Rep. SHISSIAS explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SHISSIAS, with unanimous consent, it was ordered that S. 1358 be read the third time tomorrow.
The following Bill was taken up.
S. 1230 -- Senator Martin: A BILL TO AMEND SECTION 40-57-155 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION FOR REAL ESTATE AGENTS, SO AS TO EXEMPT LICENSED BROKERS OR SALES AGENTS WHO ARE ALSO ACTIVE MEMBERS OF THE SOUTH CAROLINA BAR FROM THE REQUIREMENTS OF THIS PROVISION.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9262JM.94), which was adopted.
Amend the bill, as and if amended, page 1, SECTION 1, by striking subsection (B) of Section 40-57-155 and inserting:
/(B) A licensee may receive continuing education credit for courses taken under a continuing legal education program, provided such courses relate directly to real estate law in South Carolina and have been preapproved by the commission as meeting the criteria for continuing real estate education. Credit for such courses is subject to approval by the commission./
Amend title to conform.
Rep. T.C. ALEXANDER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 436 -- Senator Richter: A BILL TO AMEND ARTICLE 5, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION 56-5-765, SO AS TO PROVIDE THAT WHEN A MOTOR VEHICLE OF A LAW ENFORCEMENT AGENCY IS INVOLVED IN A TRAFFIC COLLISION, THE INVESTIGATION OF THE COLLISION MUST BE PERFORMED BY AN INDEPENDENT LAW ENFORCEMENT AGENCY, EITHER THE STATE HIGHWAY PATROL OR THE COUNTY SHERIFF'S DEPARTMENT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7916BDW.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-765. (A) When a motor vehicle or motorcycle of a law enforcement agency, except a motor vehicle or motorcycle operated by the South Carolina Department of Public Safety, is involved in a traffic collision, regardless of whether another motor vehicle or motorcycle is involved, the State Highway Patrol shall investigate the collision and file a report with findings on whether the agency motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.
(B) When a motor vehicle or motorcycle of the Department of Public Safety is involved in a traffic collision, regardless of whether another motor vehicle or motorcycle is involved, the sheriff of the county in which the collision occurred shall investigate the collision, regardless of whether the collision occurred within an incorporated jurisdiction, and file a report with findings on whether the department's motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.
(C) A law enforcement department or agency may not investigate collisions in which a vehicle or an employee of that department or agency is involved."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
Rep. G. BROWN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\6138DW.94), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 56-5-4207. Notwithstanding other provisions of this chapter, or regulations relating to it, a mobile home may be transported on interstate highways at a speed not to exceed fifty-five miles per hour."/
Renumber sections to conform.
Amend title to conform.
Rep. G. BROWN explained the amendment.
Rep. HODGES raised the Point of Order that Amendment No. 2 was out of order as it was not germane.
Rep. G. BROWN argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of amendments.
Reps. SCOTT and ANDERSON withdrew their objections to S. 226 however, other objections remained upon the Bill.
The veto on the following Bill was taken up.
H. 4056 -- Reps. Rogers, G. Bailey, Hallman, Wofford, Fulmer, Barber, Simrill, Baxley, Harvin, McAbee, Waldrop, Snow, Rudnick, Waites, J. Bailey, Wells, H. Brown and Meacham: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO CREATE THE CRIME VICTIM'S ADVOCATE OF SOUTH CAROLINA AND PROVIDE POWERS AND DUTIES.
Rep. HODGES moved to adjourn debate upon the veto, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 5146 -- Rep. Whipper: A BILL TO AUTHORIZE THE CHARLESTON COUNTY SCHOOL DISTRICT TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4720 -- Reps. Law, Williams, Wofford, R. Young and H. Brown: A BILL TO AMEND ACT 518 OF 1982, RELATING TO THE BERKELEY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT VACANCIES MUST BE FILLED FOR THE UNEXPIRED PORTION OF THE TERM BY APPOINTMENT OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3678 -- Reps. Houck, Cobb-Hunter, Haskins, Mattos, Scott, G. Brown, Neal, Chamblee, Elliott, Stuart, McLeod, M.O. Alexander, D. Wilder and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-175 SO AS TO REQUIRE HOSPITALS TO PROVIDE THE DIVISION OF RESEARCH AND STATISTICAL SERVICES CERTAIN FINANCIAL INFORMATION AND TO AUTHORIZE PENALTIES PURSUANT TO REGULATION.
Rep. CROMER explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification by a division vote of 65 to 21.
The Senate amendments to the following Bill were taken up for consideration.
H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT; AND TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO PROVIDING SIGNS STATING THE PENALTY FOR ARMED ROBBERY, SO AS TO REMOVE FROM THE SIGN CERTAIN PROVISIONS.
Rep. HODGES proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\N05\7932BDW.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Title 2 of the 1976 Code is amended by adding:
Section 2-48-10. (A) A need exists for careful planning to expand local detention and correctional facilities to enable local governments adequately to incarcerate offenders who are awaiting trial or serving sentences of imprisonment at the local level. At the same time, South Carolina faces a critical need for more prison space to accommodate the projected increase in the inmate population. At a time when the state's prisons are becoming increasingly overcrowded, budgetary resources are becoming more limited and the future availability of capital improvement bonds for more prison construction is uncertain.
(B) To ensure that adequate space is available in state corrections facilities for violent and habitual offenders, a need exists for additional community correctional facilities to enable courts to sentence nonviolent offenders to these less costly community correctional facilities which enable the offenders to make restitution payments and otherwise compensate the community for their crimes and which require participation in programs emphasizing substance abuse, education, and mental health counseling.
(C) The need exists for South Carolina to create a plan from which the State can establish a partnership with local governments to meet the corrections and incarceration needs of local governments and the State by offering less costly facilities for housing state and local inmates in alternative sentencing programs.
Section 2-48-20. (A) The Department of Corrections and a county, a municipality, another local governmental entity, or a multi-jurisdictional entity may enter into contracts for the incarceration of state, county, or municipal jail inmates and all services necessary, appropriate, or incidental to the housing and care of the inmates.
(B) The Department of Corrections, with the approval of the governing body of the local or multi-jurisdictional entity provided in subsection (A), may construct community correctional facilities for alternative sentencing programs within a municipality, county, or multi-jurisdictional region if the General Assembly appropriates the necessary funds.
Section 2-48-30. Before construction of a community correctional facility pursuant to Section 2-48-20, tracts of land suitable for the construction of community corrections facilities must be provided by the county, municipality, or other local governmental or multi-jurisdictional entity involved. The title of the lands provided must be conveyed to the State of South Carolina. Upon the acquisition of the land in the name of the State, the State Budget and Control Board has the authority to convey the land to the Department of Corrections for the erection and construction of the facilities. The original construction costs and necessary equipment costs for the facilities must be paid by the State. These facilities must be constructed to the extent possible by utilizing inmate labor as determined appropriate by the Director of the Department of Corrections. Legal title to the facilities must be transferred to the State of South Carolina, as set forth in this chapter, and the facilities are the property of the Department of Corrections.
Section 2-48-40. The construction of community correctional facilities, as authorized pursuant to this chapter, provides the courts with a less costly alternative to committing offenders to more secure state correctional institutions and assists in the supervision and rehabilitation of drug and alcohol and other nonviolent offenders, who can be incarcerated safely in community correctional facilities. The facilities may be used for furthering the reintegration of offenders into the community before their release. Facilities established pursuant to this chapter must be available as a means of providing sentencing alternatives for persons sentenced to incarceration in a state correctional facility. However, upon the approval by the Director of the Department of Corrections, the facilities may be made available to persons who otherwise would be sentenced to incarceration in a jail of the county, municipality, other local governmental, or multi-jurisdictional entity involved, if the inmates do not displace state inmates from participating in the programs.
Section 2-48-50. Community correctional facilities constructed pursuant to this chapter may include:
(1) work camps or other minimum security facilities to house offenders who are assigned under Section 24-13-660 or 24-13-910;
(2) minimum security or nonsecure facilities to house former probationers who have violated the terms or conditions of their probation;
(3) minimum security or nonsecure residential drug treatment facilities to house nonviolent drug offenders who are required to reside in them while receiving outpatient substance abuse treatment and working or attending school;
(4) minimum security or nonsecure facilities to house persons who are required to reside in them while working to make restitution.
Section 2-48-60. Before the construction of a community correctional facility, as authorized pursuant to this chapter, the Department of Corrections shall establish a contract with the involved municipality, county, other local governmental entity, or multi-jurisdictional entity by which the involved local governing body agrees to:
(1) operate and manage the community correctional facility in accordance with the Minimum Standards for Local Detention Facilities in South Carolina;
(2) provide for the treatment, care, maintenance, employment, and rehabilitation of inmates in the community correctional facility. The municipality, county, other local governmental entity, or multi-jurisdictional entity must be reimbursed for the cost of caring for each state inmate as provided by contract. The contract also must:
(a) allow the governing body of the municipality, county, other local governmental entity, or multi-jurisdictional entity to rescind the contract by notification of its intention to rescind the contract at the beginning of the fiscal year. The recision is effective beginning the following fiscal year;
(b) provide that upon recision, the operation and management of the facilities constructed pursuant to this chapter and the care of the state inmates located at that facility revert to the Department of Corrections;
(c) provide that all inmates under the jurisdiction of the municipality, county, other local governmental entity, or multi-jurisdictional entity who are incarcerated at that facility must be returned to the custody of their respective governmental entities.
Section 2-48-70. This chapter does not preempt application of applicable zoning laws or regulations.
Section 2-48-80. Legal custody of state inmates assigned to a community correctional facility is in accordance with Section 24-3-30."
B. The 1976 Code is amended by adding:
"Section 14-1-240. As used in this section through Section 14-1-360:
(1) 'Income' means a form of payment to an individual regardless of source including, but not limited to, wages, salary, commission, compensation as an independent contractor, workers' compensation, disability, annuity and retirement benefits, and other payments made by a person, or an agency or a department of the federal, the state, or a local government if the income excludes:
(a) the amounts required by law to be withheld, other than creditor claims including, but not limited to, federal, state, and local taxes, and social security and other retirement deductions and disability contributions;
(b) the amounts exempted by federal law;
(c) public assistance payments.
State or local laws which limit or exempt income or the amount or percentage of income that can be withheld do not apply.
(2) 'Obligor' means an individual who is required, pursuant to a court order, to make payments for fines, surcharges, assessments, costs, or fees owed to the State.
(3) 'Payor' means a payor of income to an obligor. For purposes of this definition, the South Carolina Employment Security Commission is not considered to be a payor.
Section 14-1-250. (A) All orders issued by a court for the payment of fines, surcharges, assessments, costs, or fees owed to the State entered or modified after June 30, 1995, must contain the obligor's social security number and a provision for income withholding procedures to take effect if a delinquency occurs. These orders must be construed to contain this withholding provision even if the provision has been omitted from the written order. The court may order withholding to begin immediately for good cause shown. The court shall make specified written findings to support immediate withholding.
(B) For each obligor against whom an order has been issued or modified before July 1, 1995, the order is presumed to contain a provision for income withholding procedures to take effect if a delinquency occurs without further amendment to the order or further action by the court.
(C) An obligor may petition the court at any time before the occurrence of a delinquency seeking an order for income withholding procedures to begin immediately.
Section 14-1-260. (A) When a delinquency occurs and where the Department of Probation and Community Supervision determines there is a reasonable opportunity for collection, the clerk of court shall prepare, file, and serve on the obligor a verified notice of delinquency. The verified notice of delinquency must be served on the obligor by regular mail addressed to his last known address or place of employment. Upon mailing the notice, the clerk of court shall file a certificate of mailing stating the name and address to which the notice was mailed and the date on which it was mailed. If service cannot be effected as set forth in this section, the obligor may be served as prescribed for service in civil actions.
(B) The notice of delinquency must inform the obligor that a delinquency has occurred and must recite the obligations of the obligor pursuant to the court order, the total amount of the arrearage as of the date of the notice, and the amount of income to be withheld. The notice clearly must state that a notice to withhold will be sent to the obligor's current or subsequent payor, income withholding will begin, and a judgment lien may be imposed against the obligor's personal or real property in the amount of the arrearage unless the obligor files a petition to stay service in accordance with Section 14-1-270.
Section 14-1-270. (A) The obligor may prevent a notice to withhold from being served on his payor and prevent the recording of the arrearage by filing a petition to stay service with the clerk of court with jurisdiction of the matter within ten days of the date that the notice of delinquency is postmarked. The grounds for granting the petition to stay service are limited to a dispute concerning the identity of the obligor or the existence or amount of the arrearage.
(B) Filing of a petition to stay service within the required ten days prohibits the clerk of court from serving the notice to withhold on a payor of the obligor and prohibits the recordation of the arrearage.
(C) Where a petition to stay service has been filed, a hearing on the petition must be held within thirty days of its filing. The obligor must be notified by the clerk of court of the date, time, and place of the hearing, and the court shall decide the matter, notify the obligor, and enter an order granting or denying relief or amending the notice of delinquency within forty-five days of the date the notice of delinquency was mailed to the obligor. If the court finds that a delinquency existed when the notice of delinquency was mailed, the court shall order immediate service of the notice to withhold and the arrearage may be recorded immediately. The court shall inform the obligor of the time frame within which withholding is to begin and shall provide the obligor in writing with the information contained in the notice to withhold to be served on the payor with respect to the withholding.
(D) Upon filing an affidavit with the court stating that a petition to stay service was not timely filed because the notice of delinquency was not received and that grounds exist for a petition to stay service as stated in subsection (A), the obligor may file a petition to withdraw the notice to withhold, terminate the withholding procedures, and remove the judgment created by the recording of the arrearage. Income withholding, however, must not be interrupted unless the court enters an order granting the relief sought by the obligor based on the limited grounds for a petition to stay service.
Section 14-1-280. (A) Twenty days following the mailing of the notice of the delinquency to the obligor and where no petition to stay service has been filed, the clerk of court shall serve a notice to withhold on the payor or its agent by regular mail and may record the arrearage.
(B) The notice to withhold must:
(1) direct a payor to withhold at the obligor's regularly scheduled pay periods a reasonable amount to be paid toward satisfaction of the debt owed the State and to withhold an additional amount toward an arrearage owed to the State until the arrearage is paid in full. The amounts to be withheld under this item may not exceed the limits set forth by the Federal Consumer Credit Protection Act (15 U.S.C. Section 1673(b));
(2) state the rights, responsibilities, and liabilities of the payor under this section.
(C) The payor shall deduct the designated amount pursuant to the notice to withhold beginning no later than the next regularly scheduled pay period following the pay period during which the payor was served. Payors do not need to change their regular payroll pattern and may combine all withheld amounts into one check for a particular clerk of court with an itemized statement showing accounts attributable to each obligor. For each instance of withholding of income, the payor may receive a fee of up to three dollars to be deducted from the income of the obligor in addition to the amounts withheld pursuant to the notice to withhold, unless the fee is waived by the payor.
(D) Where there is more than one notice to withhold on a single obligor, the payor shall comply with the notices by withholding the amounts designated in the notices to the extent possible pursuant to the Federal Consumer Credit Protection Act. If the payor cannot comply fully with the notices because the amounts to be withheld would exceed the limits under the Federal Consumer Credit Protection Act, the payor shall notify the court in writing as to its reasons for failing to comply fully.
(E) The payor promptly shall pay the amount withheld to the clerk of court, in accordance with the notice to withhold and in accordance with subsequent notification received from the clerk of court concerning withholding.
(F) Upon the records of the clerk of court reflecting the satisfaction of an arrearage, the clerk of court shall serve upon the payor by regular mail a notice of reduction of withholding. This notice must inform the payor that the arrearage has been satisfied and to discontinue withholding the additional amount as prescribed in item (1) of subsection (B). This reduction, however, may not affect the continued withholding of the amount prescribed in item (2) of subsection (B).
(G) Within twenty days after the obligor is no longer employed by the payor, the payor shall return a copy of the notice to withhold to the clerk of court and shall notify the clerk of court in writing of the date the obligor's employment terminated, the date of the obligor's final paycheck, the obligor's home address, and the obligor's new employer and address, if known.
(H) Withholding of income from an obligor under this section has priority over any other legal process under state law against the same wages except an order withholding income to secure payment of support obligations as provided under Sections 20-7-1315 through 20-7-1329. Payment pursuant to a notice to withhold is a complete defense by the payor against claims of the obligor or his creditors as to the sum paid.
(I) No payor may discharge, refuse to hire, or otherwise penalize an obligor because of the duty to withhold income.
(J) The responsibility of a payor who employs an obligor to withhold income from the pay of the obligor ends when the obligor leaves the employ of the payor. If this termination of employment occurs during the middle of a pay period, the final amount required to be withheld must be reduced proportionately in the same percentage that the time worked has to the time of the full pay period.
Section 14-1-290. (A) An obligor may petition the court at any time to terminate income withholding when payments pursuant to a notice to withhold have been made for at least one year, all arrearages have been paid in full, and the court finds that the obligor has demonstrated a continuing ability to pay. For a petition brought under this section, the court may order the withdrawal of the notice to withhold and terminate the withholding procedures unless it finds good cause for denying the petition. If the termination is granted and subsequently a delinquency occurs, the clerk of court shall reinstate withholding procedures by complying with all requirements for notice and service pursuant to this section.
(B) The clerk of court shall serve on the payor by regular mail a copy of an order entered pursuant to this section or Section 14-1-270(D) that affects the duties of the payor. If service cannot be effected as set forth in this section, the payor may be served as prescribed for service in civil actions.
(C) The notice to withhold continues to be binding upon the payor until service of an order of the court entered under this section or Section 14-1-270(D) or until notice is served on the payor by the clerk of court that the underlying order is for other reasons no longer in effect.
Section 14-1-300. An obligor whose income is being withheld or who has been served with a notice of delinquency shall notify the clerk of court of a new payor within seven days after his employment commences.
Section 14-1-310. A clerk of court who collects, receives, or disburses payment pursuant to a court order or a notice to withhold shall maintain complete, accurate, and clear records of all payments and their disbursements. Certified copies of payment records maintained by the clerk of court, without further proof, must be admitted into evidence in related legal proceedings.
Section 14-1-320. The Office of the Court Administration shall design suggested legal forms for proceeding pursuant to Sections 14-1-240 through 350 make these forms available to the courts, and prepare informational materials which describe the procedures and remedies for distribution to all parties in income withholding actions.
Section 14-1-330. Where a payor wilfully fails to withhold or pay over income pursuant to a notice to withhold, the court, upon notice and hearing, may enter judgment and direct the issuance of an execution against the payor for the total amount that the payor wilfully failed to withhold. A payor who wilfully refuses to hire or who discharges or otherwise penalizes an obligor as prohibited by Section 14-1-280(I), is subject to a civil fine not to exceed five hundred dollars which may be imposed by the court in its discretion. If an obligor or obligee wilfully initiates a false proceeding under this Sections 14-1-240 through 14-1-350 or wilfully fails to comply with the requirements of these sections, punishment for contempt may be imposed.
Section 14-1-340. The rights, remedies, duties, and penalties created by Section 14-1-240 through 14-1-350 are in addition to other rights, remedies, duties, and penalties otherwise provided by law.
Section 14-1-350. The Office of Court Administration may promulgate regulations necessary to implement Sections 14-1-240 through 14-1-340.
Section 14-1-360. When a delinquency occurs the obligor must be given notice pursuant to Section 14-1-260 of the proposed lien. Where no petition to stay service is timely filed or where no relief is granted to the obligor pursuant to Section 14-1-270, the arrearage may be recorded as provided for in Section 14-1-1-280 in the appropriate index in the office of the Clerk of Court or Register of Mesne Conveyances. Upon recordation, the arrearage has the same effect as a judgment, and it is cumulative to the extent of past due money owed, until the arrearage is paid in full. The judgment may be recorded in any county in which the obligor resides or in which he owns real property by the filing of a transcript of judgment in that county. A lien imposed pursuant to this section is not dischargeable in bankruptcy.
Section 14-1-370. Notwithstanding existing county funds allocated to the clerks of court, fines, surcharges, assessments, costs or fees owed to the State and collected by the clerks of court first must be used by the family court section of the respective offices of the clerks of court to provide adequate staff and equipment to implement and operate Sections 14-1-240 through 14-1-350.
Section 14-1-380. The remedy provided in Sections 14-1-240 through 14-1-350 is in addition to, and not in substitution for, any other remedy otherwise available to enforce a court order. Relief under these sections must not be denied, delayed, or otherwise affected because of the availability of other remedies, nor may relief under another statute be delayed or denied because of the availability of this remedy.
Section 14-1-390. The clerk of the circuit court of every county shall submit to the chief administrative judge of his circuit and to the Department of Probation and Community Supervision a report of all fines, costs, assessments, forfeitures, and penalties, including court-ordered restitution of a sum certain, imposed in his court which remain unsatisfied as of the last day of the quarter preceding the quarter in which the report is made. The quarterly report must include the social security number or driver's license number of the defendant, if known. It is the duty of the Department of Probation and Community Supervision to make inquiries into the reasons why the fines, costs, assessments, forfeitures, penalties, and restitution remain unsatisfied for those offenders who are being supervised by the department. If it appears from the inquiries that any of the amounts may be satisfied, the Department of Probation and Community Supervision shall cause, in addition to other provisions of law, proper proceedings to be instituted for the collection and satisfaction of the amounts.
Section 14-1-400. If the Director of the Department of Probation and Community Supervision is of the opinion that it would be impractical or uneconomical for it to institute proceedings as provided under Section 14-1-390, he may contract with attorneys or private collection agencies, upon terms and conditions established by guidelines promulgated by the Attorney General and the Chief Justice of the Supreme Court, or request the Attorney General to assist in the collection of unpaid fines, costs, forfeitures, and penalties. The Attorney General may render assistance, upon request, in the manner he considers appropriate. The fees of private attorneys or collection agencies must be paid on a contingency fee basis out of the proceeds of the amounts collected.
Section 14-1-410. (A) Whenever a defendant, convicted of a traffic infraction or a violation of a criminal law of the State, is sentenced to pay costs, assessments, fees, fines, or penalties, and he is unable to make immediate payment, the court, on motion of the defendant, may order him to pay costs, assessments, fees, fines, or penalties in installments or upon other terms and conditions within a period of time to enable him to pay the amounts due.
(B) When the court has authorized deferred payment or installment payments, the clerk shall give notice to the defendant that upon his failure to pay as ordered he may be punished pursuant to Section 14-1-420.
Section 14-1-420. (A) When a defendant sentenced to pay a fine, penalty, costs, fees, and assessments defaults in their payment or of an installment, upon the motion of the person authorized by law to collect the payment, of the solicitor, or of the court, the court shall hold a hearing to require the defendant to show good cause for his default. The standard of proof is by a preponderance of the evidence, and the burden of establishing good cause for a default is on the defendant who has defaulted.
(B) If the court finds that the defendant has defaulted without good cause, the court shall order one or more of the following:
(1) pursuant to Section 17-25-323, enter a civil judgment in favor of the State for the unpaid balance of fines, penalties, costs, fees, or assessments, if this has not been entered previously by a clerk of court;
(2) order the suspension of the driver's license or the nonresident reciprocity driving privilege of the person, prohibit the person from obtaining a driver's license or exercising reciprocity driving privileges until the person has made all past due payments, and notify the Division of Motor Vehicles of the Department of Revenue of the action taken;
(3) pursuant to Sections 14-1-240 through 14-1-350, order an employer of the defendant to withhold and pay over to the clerk of the court, out of the employment income due or to become due the defendant at each pay period, an amount ordered to be paid toward satisfaction of the debt owed the State if it is shown that the defendant has not attempted to pay when he has the ability to do so;
(4) pursuant to Article 3, Chapter 54, of Title 12, Setoff Debt Collection Act, order the Department of Revenue to set off refunds due the debtor from the department by the sum certified by the agency or clerk as delinquent debt, if this previously has not been ordered by the court and entered by a clerk of court;
(5) order the debtor to pay reasonable costs and attorneys' fees, if any, associated with this enforcement action.
(C) If the person has defaulted with good cause, the court shall take appropriate action to modify or establish a reasonable schedule for payment, and for a fine, if the court finds that the circumstances that warranted the fine have changed or that it would be unjust to require payment, the court may relieve or exempt the person from payment of the unpaid portion of the fine."
C. The 1976 Code is amended by adding:
"Section 17-27-45. (A) An application for relief filed pursuant to this chapter must be filed within one year after the entry of a judgment of conviction or within one year after the sending of the remittitur to the lower court from an appeal or the filing of the final decision upon an appeal, whichever is later.
(B) When a court whose decisions are binding upon the Supreme Court of this State or the Supreme Court of this State holds that the Constitution of the United States or the Constitution of South Carolina, or both, impose upon state criminal proceedings a substantive standard not previously recognized or a right not in existence at the time of the state court trial, and if the standard or right is intended to be applied retroactively, an application under this chapter may be filed not later than one year after the date on which the standard or right was determined to exist.
(C) If the applicant contends that there is evidence of material facts not previously presented and heard that requires vacation of the conviction or sentence, the application must be filed under this chapter within one year after the date of actual discovery of the facts by the applicant or after the date when the facts could have been ascertained by the exercise of reasonable diligence."
D. The 1976 Code is amended by adding:
"Section 22-5-580. (A) A statewide pretrial classification program is established to bring about an improvement of magistrates' collections and consideration of information concerning release of persons placed in jail pending disposition of criminal charges. The program must allow magistrates to make more fully informed bail-setting decisions so those persons who present low risks of absconding while under appearance recognizance or an appearance bond may be released and those persons presenting unacceptably high risks of absconding or committing crime will continue to be held in custody.
(B) The Department of Probation and Community Supervision shall promulgate regulations in accordance with the Administrative Procedures Act to be used by magistrates in improving the collection and consideration of information on persons requesting release on appearance recognizance or appearance bonds. The regulations developed by the Department of Probation and Community Supervision must include the establishment of a 'point-total' system for pretrial screening of appropriate defendants. This system must establish an amount or range of the recognizance entered into based on the nature of the offense charged, the danger the accused presents to himself and others, the likelihood the accused will flee to avoid trial, and other applicable factors. The regulations also must provide guidance for the collection and verification of relevant information on the person under consideration for the release."
E. The 1976 Code is amended by adding:
"Section 24-3-25. (A) The governing bodies of counties or municipalities may join in establishing local regional correctional facilities for the confinement of persons awaiting trial or sentence on criminal charges, convicted and sentenced on criminal charges, or not otherwise eligible for confinement in state or other facilities. For this purpose, the governing bodies may:
(1) acquire, hold, construct, finance, improve, maintain, operate, own or lease, in the capacity of lessor or lessee, a local regional correctional facility for the purpose of incarcerating their own inmates, inmates of other counties or municipalities, or inmates from the Department of Corrections;
(2) form cooperative agreements for the management, supervision, and control of a local regional correctional facility, its property, assets, funds, employees, and prisoners, and other resources and liabilities as appropriate.
(B) Every sentenced person committed to a local regional correctional facility constructed or operated pursuant to this section unless disqualified by sickness or otherwise, must be kept at some useful employment suited to his age and capacity and which may tend to promote the best interest of the citizens of this State."
F. The 1976 Code is amended by adding:
"Section 24-3-430. (A) The Director of the Department of Corrections may establish a program involving the use of inmate labor in private industry for the manufacturing and processing of goods, wares, or merchandise or the provision of services or another business or commercial enterprise considered by the director to enhance the general welfare of South Carolina.
(B) The director may enter into contracts necessary to implement this program. The contractual agreements may include rental or lease agreements for state buildings or portions of them on the grounds of an institution or a facility of the Department of Corrections and provide for reasonable access to and egress from the building to establish and operate a facility.
(C) An inmate may participate in the program established pursuant to this section only on a voluntary basis and only after he has been informed of the conditions of his employment.
(D) No inmate participating in the program may earn less than the prevailing wage for work of similar nature in the private sector.
(E) Inmate participation in the program may not result in the displacement of employed workers in the State of South Carolina and may not impair existing contracts for services.
(F) Nothing contained in this section restores, in whole or in part, the civil rights of an inmate. No inmate compensated for participation in the program is considered an employee of the State.
(G) No inmate who participates in a project designated by the Director of the Bureau of Justice Assistance pursuant to Public Law 90-351 is eligible for unemployment compensation upon termination from the program.
(H) The earnings of an inmate authorized to work at paid employment pursuant to this section must be paid directly to the Department of Corrections and applied as provided under Section 24-3-40."
G. The 1976 Code is amended by adding:
"Section 24-13-80. (A) As used in this section:
(1) 'Detention facility' means a municipal or county jail or state correctional facility used for the detention of persons charged with or convicted of a felony, misdemeanor, municipal offense, or violation of a court order.
(2) 'Inmate' means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, a municipal offense, or violation of a court order.
(3) 'Medical treatment' means each visit initiated by the inmate to an institutional physician, physician's extender including a physician's assistant or a nurse practitioner, dentist, optometrist, or psychiatrist for examination or treatment.
(4) 'Administrator' means the county administrator, city administrator, or the chief administrative officer of a county or municipality.
(5) 'Director' means the agency head of the Department of Corrections.
(B) The administrator or director, whichever is appropriate, may establish, by rules, criteria for a reasonable deduction from money credited to the account of an inmate to:
(1) repay the costs of:
(a) public property wilfully damaged or destroyed by the inmate during his incarceration;
(b) medical treatment for injuries inflicted by the inmate upon himself or others;
(c) searching for and apprehending the inmate when he escapes or attempts to escape. The costs must be limited to those extraordinary costs incurred as a consequence of the escape; or
(d) quelling a riot or other disturbance in which the inmate is unlawfully involved;
(2) defray the costs paid by a municipality or county for elective medical treatment for an inmate, which has been requested by him, if the deduction does not exceed five dollars for each occurrence of treatment received by the inmate at the inmate's request. If the balance in an inmate's account is five dollars or less, the fee must not be charged. This item does not apply to medical costs incurred as a result of injuries sustained by an inmate or other medically necessary treatment for which that inmate is determined not to be responsible.
(C) All sums collected for medical treatment must be reimbursed to the inmate if the inmate is acquitted or otherwise exonerated of all charges for which the inmate was being held.
(D) The detention facility may initiate an action for collection of recovery of medical costs incurred pursuant to this section against an inmate upon his release or his estate if the inmate was executed or died while in the custody of the detention facility."
H. Chapter 13, Title 24 of the 1976 Code is amended by adding:
Section 26-13-1710. As used in this article, unless the context clearly indicates otherwise:
(1) 'assets' means: property, tangible or intangible, real or personal, belonging to or due an offender, a former offender, or an offender's estate including income or payments to the offender from social security, workers' compensation, veterans' compensation, pension benefits, previously earned salary or wages, bonuses, annuities, retirement benefits, except to the extent that inclusion of the income, payment, or benefits are inconsistent with federal law, or another source. 'Assets' includes, but is not limited to:
(a) money or other tangible assets received by the offender as a result of a settlement of a claim against the State or its agencies or a claim against an employee or independent contractor arising from and in the scope of the employee's or contractor's official duties on behalf of the State or its agencies;
(b) a money judgment received by the offender from the State as a result of a civil action in which the State, its agencies or a state employee or an independent contractor where the judgment arose from a claim arising from the conduct of official duties on behalf of the State by the employee or subcontractor or for an agency of the State.
'Assets' excludes amounts required by law to be withheld, other than creditor claims including, but not limited to, federal, state, and local taxes, social security and other retirement deductions, disability contributions, and amounts exempted by federal law.
(2) 'cost of care' means the cost to the Department of Corrections for providing transportation, room, board, clothing, security, medical, and other normal living expenses of offenders under the jurisdiction of the department, as determined by the Director of the Department of Corrections.
(3) 'Department' means the Department of Corrections of this State.
(4) 'Director' means the Director of the department.
(5) 'Prisoner' means a person under the jurisdiction of the department and confined in a state correctional facility or under the continuing jurisdiction of the department.
(6) 'State correctional facility' means a facility or institution which houses an offender population under the jurisdiction of the department. State correctional facility includes a correctional camp, community correctional center, or state prison.
Section 24-13-1720. The department shall develop a form which it shall use to obtain information from all prisoners regarding their assets. The form must be submitted to each person who is a prisoner as of the date the form is developed and to every person who is sentenced to imprisonment under the jurisdiction of the department after it is developed. The form may be resubmitted to a prisoner by the department to obtain current information regarding his assets. Every prisoner shall complete the form or provide for completion of the form, and the prisoner shall swear or affirm under oath that to the best of his knowledge the information provided is complete and accurate. Failure by a prisoner to complete the form fully and adequately may be considered for purposes of release.
Section 24-13-1730. The director shall forward to the Attorney General a report on each prisoner containing a completed form together with all other information available on the assets of the prisoner and an estimate of the total cost of care for that prisoner. The Attorney General may investigate or cause to be investigated all reports furnished to him. The investigation may include seeking information from any source that may have relevant information concerning a prisoner's assets. If the Attorney General upon completing the investigation has good cause to believe that a prisoner has sufficient assets, he may seek to secure reimbursement for the expense of the State for the cost of care of the prisoner.
Section 24-13-1740. The circuit court has exclusive jurisdiction over all proceedings seeking reimbursement from prisoners pursuant to this article. The Attorney General may file a complaint in the circuit court for the county from which a prisoner was sentenced or in the circuit court of the county of the office of the director of the department against a prisoner under the jurisdiction of the department or his estate stating that the person is or has been a prisoner in a state correctional facility and that there is good cause to believe the prisoner has assets and praying that the assets be used to reimburse the State for the expenses incurred or to be incurred, or both, by the State for the cost of care of the person as a prisoner.
Section 24-13-1750. Upon the filing of the complaint under this article, the court shall issue an order to show cause why the prayer of the complainant should not be granted. The complaint and order must be served upon the prisoner personally, or if the prisoner is confined in a state correctional facility, by registered mail addressed to the prisoner in care of the chief administrator of the state correctional facility where the prisoner is housed, or upon the personal representative of the prisoner's estate at least thirty days before the date of hearing on the complaint and order.
Section 24-13-1760. At the time of the hearing on the complaint and order, if it appears that the prisoner has assets which should be subjected to the claim of the State, the court shall issue an order requiring a person, a corporation, or another legal entity possessed or having custody of the assets to appropriate and apply the assets or a portion of them to reimburse the State for its expenses incurred on behalf of the prisoner or for future expenses the State shall pay on the prisoner's behalf. However, the portion of the amount of reimbursement ordered which is attributable to room and board must not be in excess of the per capita cost attributable to room and board for the state correctional facility in which the prisoner is housed for the period the person is a prisoner in a state correctional facility.
Section 24-13-1770. At the hearing on the complaint and order and before entering order on behalf of the State against the defendant, the court shall take into consideration legal obligations of the defendant to support a spouse, minor children, or other dependents and moral obligations to support dependents to whom the defendant is providing or in fact has provided support.
Section 24-13-1780. If the person, corporation, or other legal entity neglects or refuses to comply with an order issued pursuant to this article, the court shall order the person, corporation, or other legal entity to appear before the court at a time the court may direct and to show cause why the person, corporation, or other legal entity should not be considered in contempt of court.
Section 24-13-1790. If, in the opinion of the court, the assets of the prisoner are sufficient to pay the cost of the proceedings undertaken pursuant to this article, the prisoner or his estate is liable for those costs upon order of the court.
Section 24-13-1800. Except as otherwise provided in this article, the Attorney General may use a remedy, an interim order, or an enforcement procedure allowed by law or court rule, including an ex parte restraining order, to restrain the prisoner or another person or legal entity in possession or having custody of the estate of the prisoner from disposing of certain property in avoidance of an order issued pursuant to this article. To protect and maintain assets pending resolution of proceedings initiated pursuant to this article, the court, upon request, may appoint a receiver.
Section 24-13-1810. The Attorney General shall enforce this article. However, the Attorney General may request the prosecuting attorney of the county in which the prisoner was sentenced or the prosecuting attorney of the county in which an asset of a prisoner is located to make an investigation or assist in legal proceedings undertaken pursuant to this article. If the Attorney General is of the opinion that it is impractical or uneconomical to institute proceedings as provided under this article, he may contract with attorneys or private collection agencies to assist in the collection of amounts collectible under this chapter. The fees of private attorneys or collection agencies collectible must be paid on a contingency fee basis out of the proceeds of the amounts collected.
Section 24-13-1820. The sentencing judge, the sheriff, the county or municipality, the chief administrator of the state correctional facility, and the State Treasurer shall furnish to the Attorney General or prosecuting attorney all information reasonably requested to enable the Attorney General or prosecuting attorney to secure reimbursement for the State pursuant to this article.
Section 24-13-1830. The Secretary of State, the Director of the Department of Revenue, and the Director of the Department of Social Services shall provide the Attorney General or the prosecuting attorney with all information requested pursuant to this article.
Section 24-13-1840. A county or municipal official having custody of records of the estate or real property of a prisoner shall surrender records or certified copies of them without fee to the Attorney General or prosecuting attorney who requests the records pursuant to this article.
Section 24-13-1850. The costs of investigations must be paid from the reimbursements secured pursuant to this article, and the balance of the reimbursements must be credited to the General Fund of the State.
Section 24-13-1860. The State Treasurer may determine the amount due the State for the cost of care of a prisoner and render statements of the cost. The sworn statements are prima facie evidence of the amount due."
I. Chapter 13, Title 24 of the 1976 Code is amended by adding:
Section 24-13-1910. There is established one or more Centers for Alcohol and Drug Rehabilitation under the jurisdiction of the Department of Corrections to treat and rehabilitate alcohol and drug offenders. The Department of Alcohol and Other Drug Abuse Services has primary responsibility for the addictions treatment of the offenders, and the Department of Corrections has primary responsibility for the maintenance and security of the offenders. The Department of Corrections may construct one or more centers upon the necessary appropriation of funds by the General Assembly. The centers established or constructed as authorized by this section shall provide at least 750 beds. The centers established under this section must be fully operational by January 1, 1997.
Section 24-13-1920. The Department of Alcohol and Other Drug Abuse Services shall establish a program to provide alcohol and drug abuse intervention, prevention, and treatment services for offenders sentenced to a Center for Alcohol and Drug Rehabilitation established pursuant to Section 24-13-1910. The Department of Alcohol and Other Drug Abuse Services shall provide staff and support necessary to administer the program. Funds for this program must be appropriated annually by the General Assembly.
Section 24-13-1930. A judge may suspend a sentence for a defendant convicted of a drug or alcohol offense for which imprisonment of more than ninety days may be imposed or as a revocation of probation and may place the offender in a Center for Alcohol and Drug Rehabilitation. The Department of Corrections, on the first day each month, shall present to the general sessions court a report detailing the availability of bed space in the Center for Alcohol and Drug Rehabilitation.
Section 24-13-1940. For the Department of Corrections to establish and maintain a Center for Alcohol and Drug Rehabilitation, its director shall coordinate with the Department of Alcohol & Other Drug Abuse Services to:
(1) develop policies and procedures for the operation of the Center for Alcohol and Drug Rehabilitation;
(2) fund other management options advantageous to the State including, but not limited to, contracting with public or nonpublic entities for the management of a Center for Alcohol and Drug Rehabilitation;
(3) lease buildings;
(4) develop standards for alcohol and drug abuse counseling for offenders sentenced to a Center for Alcohol and Drug Rehabilitation;
(5) develop standards for disciplinary rules to be imposed on residents of a Center for Alcohol and Drug Rehabilitation.
Section 24-13-1950. Upon release from a Center for Alcohol and Drug Rehabilitation, the offender must be placed on probation for a term as ordered by the court. Failure to comply with program requirements may result in a request to the court to revoke the suspended sentence. No person is ineligible for this program by reason of gender."
J. Title 24 of the 1976 Code is amended by adding:
Section 24-27-10. (A) There is established the South Carolina Sentencing and Corrections Policy Commission composed of the following voting members:
(1) three representatives appointed by the Governor based on involvement in one or more citizens organizations concerned with criminal justice or corrections policies, or both;
(2) an attorney experienced in the practice of criminal law, appointed by the Governor from a list of candidates submitted by the President of the South Carolina Bar;
(3) a justice of the Supreme Court, appointed by the Chief Justice of the Supreme Court;
(4) a circuit court judge, appointed by the Chief Justice of the Supreme Court;
(5) the President of the Summary Court Judges' Association, or his designee, who must be a summary court judge;
(6) the chairmen of the Senate Judiciary, the Senate Corrections and Penology, the Senate Finance, the House Judiciary, the House Medical, Military, Public and Municipal Affairs, and the House Ways and Means Committees, or their respective designees, one at-large member to be appointed by the Speaker of the House, and one at-large member to be appointed by the President of the Senate;
(7) the South Carolina Attorney General, or his designee;
(8) the Director of the South Carolina Department of Corrections, or his designee, who must be an employee of the Department of Corrections;
(9) the Chief of the State Law Enforcement Division, or his designee;
(10) the Chairman of the Commission on Indigent Defense, or his designee, who must be a member of that commission or who must be the director of the commission;
(11) the Chairman of the Board of Pardons, or his designee;
(12) the Director of the Department of Probation and Community Supervision, or his designee, who must be an employee of that department;
(13) a representative appointed by the Governor from the South Carolina Crime Victim's Advisory Board who has at least four years administrative experience in a court-related Victim's Assistance Fund, or if no one meeting this qualification exists, another member of the South Carolina Crime Victim's Advisory Board appointed by the Governor;
(14) the Chairman of the Commission for Prosecution Coordination, or his designee, who must be a solicitor;
(15) a sheriff or other representative appointed by the South Carolina Sheriffs' Association;
(16) a representative who is a chief law enforcement officer of a municipality, appointed by the South Carolina Police Chiefs' Association;
(17) a representative of county government, appointed by the South Carolina Association of Counties;
(18) a representative of municipal government, appointed by the South Carolina Municipal Association;
(19) a director of a local detention facility appointed by the South Carolina Jail Administrators' Association;
(20) the Director of the Jail and Prison Inspection Division of the Department of Corrections;
(21) the Director of the Alston Wilkes Society;
(22) the Director of the Department of Public Safety, or his designee;
(23) the Director of the Department of Alcohol and Other Drug Abuse Services or his designee;
(24) the Director of the Department of Mental Health, or his designee.
(B) The appointed members of the commission serve for terms of four years. The members of the commission who are designated to serve by a particular person or official serve at the pleasure of that person or official making the designation and only as long as the designated member holds the official position entitling him to membership on the commission. Members are eligible for reappointment, and a vacancy must be filled in the manner of original appointment for the remainder of the unexpired term. The members of the commission shall elect one member to serve as chairman for a term of one year and additional officers they consider necessary for the efficient discharge of their duties. Members are eligible for reelection as officers of the commission.
Section 24-27-20. The South Carolina Sentencing and Corrections Policy Commission has the following duties and responsibilities:
(1) recommend advisory sentencing guidelines for the general sessions court for all offenses for which a term of imprisonment of more than one year is allowed.
(a) The guidelines must establish:
(i) the circumstances under which imprisonment of an offender is proper;
(ii) a range of fixed sentences for offenders for whom imprisonment is proper, based on each appropriate combination of reasonable offense and offender characteristics;
(iii) a determination whether multiple sentences to terms of imprisonment must be ordered to run concurrently or consecutively. (b) In establishing the advisory sentencing guidelines, the commission shall take into consideration current sentence and release practices and correctional resources including, but not limited to, the capacities of local and state correctional facilities;
(2) recommend appropriate advisory sentencing guidelines for the general sessions courts for all offenses for which a term of imprisonment of one year or less is allowed;
(3) recommend appropriate advisory guidelines for offenders for whom traditional imprisonment is not considered proper. Advisory guidelines promulgated by the commission for offenders for whom traditional imprisonment is not considered proper must make specific reference to noninstitutional sanctions;
(4) develop and recommend policies for preventing prison and jail overcrowding;
(5) examine the impact of statutory provisions and current administrative policies on prison and jail overcrowding;
(6) before January sixteenth each year, prepare and submit to the Governor, the General Assembly, and the Chief Justice of the Supreme Court a comprehensive state criminal justice ten-year, five-year, and one-year plan for preventing prison and jail overcrowding. This plan must include, but is not limited to, the number of persons currently involved in pretrial and postsentencing options predominantly provided through community-based agencies which minimize the number of persons requiring incarceration consistent with protection of public safety, including mediation, restitution, supervisory release, and community service plans and the impact on prison populations, local communities, and court caseloads. The commission shall take into account state plans in the related areas of mental health and drug and alcohol abuse in the development of the plan.
(7) research and gather relevant statistical data and other information concerning the impact of efforts to prevent prison and jail overcrowding and make the information available to criminal justice agencies and members of the General Assembly;
(8) serve as a clearing house and information center for the collection, preparation, analysis, and dissemination of information on state and local sentencing practices and conduct ongoing research regarding sentencing guidelines, use of imprisonment and alternatives to imprisonment, plea bargaining, and other matters relating to the improvement of the criminal justice system;
(9) make recommendations to the General Assembly regarding changes in the criminal code, criminal procedures, and other aspects of sentencing.
Section 24-27-30. The commission may employ a staff director and other professional and clerical personnel upon the appropriation of sufficient funds by the General Assembly. The duties of the staff director and the other personnel of the commission must be set by the commission.
Section 24-27-40. The commission shall receive funding provided by the General Assembly and is encouraged to apply for and may expend federal funds and grants and gifts it may receive from other sources to carry out its duties and responsibilities.
Section 24-27-50. The commission, by vote of a majority of the membership, may establish general policies. The advisory guidelines prescribed and promulgated pursuant to Section 24-27-20 must be approved by Concurrent Resolution of the General Assembly.
Section 24-27-60. The commission shall recommend to the General Assembly a classification system based on maximum term of imprisonment for all South Carolina criminal offenses. Thereafter, the commission shall make, from time to time, recommendations to the General Assembly regarding changes in the classification system."
K. Section 11-35-710 of the 1976 Code, as last amended by Section 94, Act 181 of 1993, is further amended to read:
"Section 11-35-710. The board, may upon the recommendation of the Division of General Services, may exempt governmental bodies from purchasing certain items through the respective chief procurement officer's area of responsibility. The board may exempt specific supplies or services from the purchasing procedures herein required in this section and for just cause may by unanimous written decision limit or may withdraw any exemptions provided for in this section. The following exemptions are hereby granted in this chapter:
(a) (1) the construction, maintenance, and repair of bridges, highways and roads; vehicle and road equipment maintenance and repair; and any other emergency type parts or equipment utilized by the Department of Transportation;
(b) (2) the purchase of raw materials and supplies by the South Carolina Department of Corrections, Division of Prison Industries;
(c) (3) South Carolina State Ports Authority;
(d)(4) Division of Public Railways of the Department of Commerce;
(e) (5) South Carolina Public Service Authority;
(f) (6) expenditure of funds at state institutions of higher learning derived wholly from athletic or other student contests, from the activities of student organizations and from the operation of canteens and bookstores, except as such the funds are used for the procurement of construction, architect-engineer, construction-management, and land surveying services;
(g) (7) livestock, feed, and veterinary supplies;
(h) (8) articles for commercial sale by all governmental bodies;
(i) (9) fresh fruits, vegetables, meats, fish, milk, and eggs;
(j)(10) South Carolina Arts Commission and South Carolina Museum Commission for the purchase of one-of-a-kind items such as paintings, antiques, sculpture and similar objects. Before any a governmental body procures any such the objects, the head of the purchasing agency shall prepare a written determination specifying the need for such the objects and the benefits to the State. The South Carolina Arts Commission shall review such the determination and forward a recommendation to the board for approval;
(k)(11) published books, periodicals, and technical pamphlets.;
(l)(12) South Carolina Research Authority;
(13) The purchase of goods, products, and services by state offices, departments, institutions, agencies, boards, and commissions or the political subdivisions of this State from the South Carolina Department of Corrections, Division of Prison Industries."
T. Section 17-25-70 of the 1976 Code is amended to read:
"Section 17-25-70. Notwithstanding any other another provision of law, a local governing body may authorize the sheriff or other official in charge of this a local correctional facility to require any able-bodied convicted person committed to such the facility to perform labor on in the public works or ways interest. This labor may involve public service work or related activities which conform to the provisions of Section 24-13-660. The public service work may include, but is not limited to, maintenance or repair of the drainage systems, highways, streets, bridges, grounds, and buildings and litter control and emergency relief efforts. Any A convicted person physically capable of performing such the labor who refuses to obey a direct order to perform such the labor shall is not be entitled to good behavior credits pursuant to Section 24-13-210 or productive duty credits pursuant to Section 24-13-230 herein; provided, however, that any. An inmate participating in a local work punishment or other public service sentence program shall must not be arbitrarily removed arbitrarily from such the program and required to perform work on the public works or ways. A local governing body may enter into a contractual agreement with another governmental entity for use of inmate labor in the performance of work for a public purpose."
U. Section 24-3-30 of the 1976 Code, as last amended by Section 392, Act 181 of 1993, is further amended to read:
"Section 24-3-30. Notwithstanding the provisions of Section 24-3-10 of the 1976 Code, or any other another provision of law, any a person convicted of an offense against the State shall must be in the custody of the Department of Corrections of the State, and the department shall designate the place of confinement where the sentence shall must be served. The department may designate as a place of confinement any an available, a suitable, and an appropriate institution or facility, including, but not limited to, a county jail or work camp whether maintained by the State Department of Corrections or otherwise, but. However, the consent of the officials in charge of the county institutions so designated shall must be first obtained first. Provided, that If imprisonment for three months or less is ordered by the court as the punishment, all persons so convicted shall must be placed in the custody, supervision, and control of the appropriate officials of the county wherein in which the sentence was pronounced, if such the county has facilities suitable for confinement. Provided, further, that A county or municipality, through mutual agreement or contract, may arrange with another county or municipality or a local regional correctional facility for the detention of its prisoners. The Department of Corrections shall must be notified by the county officials concerned not less than six months prior to before the closing of any a county prison facility which would result in the transfer of the prisoners of the county facility to facilities of the department.
Each county administrator, or the equivalent, having charge of county prison facilities, may, upon the department's designating the county facilities as the place of confinement of a prisoner, may use the prisoner assigned thereto to them for the purpose of working the roads of the county or other public work. Any A prisoner so assigned to the county shall must be under the custody and control of the administrator or the equivalent during the period to be specified by the director at the time of the prisoner's assignment, but the assignment shall must be terminated at any time the director determines that the place of confinement is unsuitable or inappropriate, or that the prisoner is employed on other than public works. If, upon termination of the assignment, the prisoner is not returned, habeas corpus will lie lies."
V. Section 24-3-40 of the 1976 Code, as last amended by Section 393, Act 181 of 1993, is further amended to read:
"Section 24-3-40. Unless otherwise provided by law, the employer of a prisoner authorized to work at paid employment in the community under Sections 24-3-20 to 24-3-50 or in a prison industry program provided under Article 3 of this chapter shall pay the prisoner's wages directly to the Department of Corrections. The Director of the Department of Corrections shall withhold five percent of the gross wages and promptly place these funds on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the 'Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404'. The director is further authorized to may withhold from the wages such costs incident to the prisoner's confinement as the Department of Corrections considers appropriate and reasonable. These withholdings must be deposited to the maintenance account of the Department of Corrections. The balance of the wages may, in the discretion of the director, and in such proportions determined by the director, may be disbursed to the prisoner, the prisoner's dependents, to and the victim of the crime, or deposited to the credit of the prisoner."
W. Section 24-3-330 of the 1976 Code, as last amended by Section 411, Act 181 of 1993, is further amended to read:
"Section 24-3-330. (A) All offices, departments, institutions, and agencies of this State which are supported in whole or in part by this State shall purchase, and all political subdivisions of this State may purchase, from the State Department of Corrections, articles or products made or produced by convict labor in this State or any other another state, as provided for by this article, and no such article or product shall. These articles and products must not be purchased by any such an office, a department, an institution, or an agency from any other another source, unless excepted from the provisions of this section, as hereinafter provided by law. All purchases shall must be made from the Department of Corrections, upon requisition by the proper authority of the office, department, institution, agency, or political subdivision of this State requiring such the articles or products.
(B) The Materials Management Office of the Division of General Services shall monitor the cooperation of state offices, departments, institutions, and agencies in the procurement of goods, products, and services from the Division of Prison Industries of the Department of Corrections."
X. Section 24-3-360 of the 1976 Code, as last amended by Section 413, Act 181 of 1993, is further amended to read:
"Section 24-3-360. The State Department of Corrections shall cause to be prepared, annually, at such times as it may determine, catalogues containing the description of all articles and products manufactured or produced under its supervision pursuant to the provisions of this article,. Copies of which this catalogue shall must be sent by it to all offices, departments, institutions, and agencies of this State and made accessible to all political subdivisions of this State referred to in Sections 24-3-310 to 24-3-330. At least thirty days before the commencement beginning of each fiscal year, the proper official of each such office, department, institution, or agency, when required by the State Department of Corrections, shall report to the State department of Corrections estimates for such fiscal year of the kind and amount of articles and products reasonably required for such the ensuing year, referring in such the estimates to the catalogue issued by the State department of Corrections in so far as articles and products indicated are included in this catalogue. However, nothing in this chapter prohibits a state office, department, institution, or agency or the political subdivisions of this State from contacting and requesting the Department of Corrections to manufacture or produce articles or products similar, but not identical, to articles or products listed in the catalogue."
Y. Section 24-13-1530 of the 1976 Code, as last amended by Act 594 of 1990, is further amended to read:
"Section 24-13-1530. (A) Notwithstanding any another provision of law which requires mandatory incarceration, electronic and nonelectronic home detention programs may be used as an alternative to incarceration for low risk, nonviolent adult and juvenile offenders as selected by the court, provided if there is a home detention program available in the jurisdiction. Applications by offenders for home detention may be made to the court as an alternative to the following correctional programs:
(1) pretrial or preadjudicatory detention;
(2) probation (intensive supervision);
(3) community corrections (diversion);
(4) parole (early release);
(5) work release;
(6) institutional furlough;
(7) jail diversion; or
(8) shock incarceration.
(B) Local governments also may establish by ordinance the same alternative to incarceration for persons who are awaiting trial and for offenders whose sentences do not place them in the custody of the Department of Corrections. Counties and municipalities may develop home detention programs according to the Minimum Standards for Local Detention Facilities in South Carolina which are established pursuant to Section 24-9-20 and enforced pursuant to Section 24-9-30."
Z. Section 24-13-1560 of the 1976 Code, as last amended by Act 594 of 1990, is further amended to read:
"Section 24-13-1560. The participant shall use an approved electronic monitoring device as if instructed by the department at all times to verify his compliance with the conditions of his detention and shall maintain a monitoring device in his home or on his person."
CC. Section 40-5-310 of the 1976 Code is amended to read:
"Section 40-5-310. No person shall may practice or solicit the cause of any other another person in any a court of this State unless he has been admitted and sworn as an attorney, under a penalty of five hundred dollars for every cause he shall so solicit, one half to the State and the other half to him that will sue for it. A person who violates this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both."
DD. Section 41-27-260(10) of the 1976 Code is amended to read:
"(10) For the purposes of items (2) and (3) of Section 41-27-230(2) and (3), the term 'employment' shall does not include service performed:
(a) Service performed in the direct employ of a church, or convention, or association of churches, or an organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church, or convention, or association of churches; or
(b) Service performed by a duly an ordained, a commissioned, or a licensed minister of a church in the exercise of his ministry or by a member of a religious order in the exercise of duties required by such the order; or
(c) Service performed in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age, or physical or mental deficiency, or injury or providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily absorbed readily in the competitive labor market by an individual receiving such rehabilitation or remunerative work; or
(d) Service performed prior to before January 1, 1978, for a hospital in a state prison or other state correctional institution by an inmate of the prison or correctional institution and after December 31, 1977, by an inmate of a custodial or penal institution; or
(e) Service performed as part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any a federal agency, or an agency or political subdivision of a state, or political subdivision thereof, by an individual receiving such work relief or work training, unless a federal law, rule, or regulation mandates unemployment insurance coverage to individuals in a particular work-relief or work-training program; or
(f) by an inmate who participates in a project designated by the Director of the Bureau of Justice Assistance pursuant to Public Law 90-351."
EE. Subsection (C), Section 1617, Act 181 of 1993, is amended to read:
"(C) Chapter 5 of Title 13 and Sections 24-16-10, 24-26-20, 24-26-30, 24-26-40, 24-26-50, 27-2-80, 27-2-90, 27-2-100, 44-1-10, 44-1-60, 48-9-210, 48-9-240 and 48-9-250 of the 1976 Code of Laws are repealed effective July 1, 1994."
FF. Chapter 26 of Title 24, Sections 24-3-35, 24-7-10, 24-7-20, 24-7-30, 24-7-40, 24-7-50, 24-7-90, and 24-7-100 of the 1976 Code are repealed.
GG. No later than the first day of the 1995 Legislative Session, the Department of Corrections shall submit to the General Assembly a detailed and comprehensive report on:
(1) the current status of the prison industries and agricultural programs and the litter control program and recommendations necessary to expand the litter control program;
(2) the potential market that exists for prison industries products or services;
(3) the participation by offices, departments, institutions, or agencies supported in whole or in part by this State or its political subdivisions in purchasing goods and services currently provided by prison industries and recommendations for increasing the purchasing;
(4) a listing of known products, goods, or services currently manufactured or produced by offices, departments, institutions, or agencies supported in whole or in part by this State or its political subdivisions which could be evaluated for adoption into the prison industries program;
(5) a plan to establish, transfer, and close certain prison industries operations to adjust to actual or potential market demand for particular products or services and maximize opportunities for gainful work for inmates;
(6) a plan to promote, plan, and when considered advisable, assist in the location of privately owned and operated industrial enterprises which would utilize inmate labor on the grounds of adult correctional institutions;
(7) the need, if any, for the creation of an advisory board to establish and promote prison industries and services programs.
HH. Subject to the availability of funds, the South Carolina Code Commissioner shall change all references to the "Board of Probation, Parole and Pardon Services" and the "Probation, Parole and Pardon Board", or to the "Department of Probation, Parole and Pardon Services" and the "Department of Probation, Pardon and Parole" in the 1976 Code to the "Board of Pardons" and the "Department of Probation and Community Supervision" respectively.
II. Upon approval by the Governor, this section takes effect July 1, 1995, except subsection EE which takes effect June 30, 1994, and applies to all crimes committed after June 30, 1995. Article 17, Chapter 13, Title 24 of the 1976 Code, added in this section, applies only to costs of confinement incurred after its effective date./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Rep. HODGES proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\CYY\16305AC.94), which was adopted.
Amend the bill, as and if amended, by deleting Sections 22-27 and 29-32.
Amend further by designating Sections 1-40 of this bill as Part I "Criminal Justice Reform".
Amend further, Section 40, page 26, line 18, by deleting /act/ and inserting /part/.
Amend further by adding:
SECTION 1. This part may be cited as the "School Safety and Juvenile Justice Reform Act of 1994".
SECTION 2. Before January 1, 1995, the Department of Juvenile Justice shall develop a long-term plan to be phased in over the next five years beginning on July 1, 1995 which:
(1) Decentralizes the centralized Department of Juvenile Justice facilities in Columbia and reduce the number of secure beds utilized for nonviolent, nonrepeat offenders through the use of programs involving more intense supervision and treatment services at the community level. The department shall consider closing a significant number of its secure bed facilities in Columbia and opening smaller sized, regional secure facilities in at least four areas of the State: the Upstate, the Midlands, the Low Country, and the Pee Dee. Each regional secure facility also shall provide pre-adjudicatory detention facilities in agreement with county or regional plans.
(2) Explores the possibility of leasing some of its facilities, which would close with decentralization of the Columbia facilities, to the Department of Corrections and using the lease money to help fund the decentralized and reoriented Department of Juvenile Justice budget.
(3) Includes alternatives to incarceration for those juveniles under the supervision of the department but not adjudicated delinquent for the commission of violent offenses as defined in Section 16-1-60. The alternatives to incarceration shall maximize integrated, highly individualized home, school, and neighborhood based services and programs and shall include the purchase of diversified services on the community level. These services and programs shall include, but are not limited to, juvenile arbitration, mentor homes, halfway homes, wilderness experiences, diversion programs such as family group conferences, day treatment centers, after school reporting systems and supervision, electronic monitoring, community service work programs, teen court programs, restitution programs, and intensive supervision including electronic monitoring, counseling, home visits, school visits, group counseling, urinalysis, and phone calls all on an ongoing basis and staffed seven days a week, twenty-four hours a day.
(4) Includes a budget which reflects a shift from spending monies to support the large facilities in Columbia to spending monies to enhance and support the personnel and programs on a local level. The budget shall reflect innovative management practices and the use of objective criteria, such as a risk assessment grid, for placement decisions. The department shall explore the development and use of Medicaid reimbursable programs for the therapeutic treatment of its clients.
(5) Includes, to a much greater degree, the use of community based and nonresidential evaluation centers.
(6) Includes, in conjunction with the circuit solicitors and the family court, programs to be presented annually in every middle and high school in the State to educate the students on the consequences of committing delinquent and criminal acts.
SECTION 3. The 1976 Code is amended by adding:
"Section 20-7-753. (A) In a juvenile delinquency proceeding before the family court, the court may designate a state agency as the lead agency to provide a family assessment to the court. The assessment shall include, but is not limited to, the strengths and weaknesses of the family, problems interfering with the functioning of the family and with the best interests of the child, and recommendations for a comprehensive service plan to strengthen the family and assist in resolving these issues.
(B) The lead agency shall provide the family assessment to the court in a timely manner and the court shall conduct a hearing to review the proposed plan and adopt a plan as part of its order that will best meet the needs and best interest of the child. In arriving at a comprehensive plan, the court shall consider:
(1) additional testing or evaluation that may be needed;
(2) economic services including, but not limited to, employment services, job training, food stamps, and aid to families with dependent children;
(3) counseling services including, but not limited to, marital counseling, parenting skills, and alcohol and drug abuse counseling;
(4) and any other programs or services appropriate to the child's and family's needs.
(C) The lead agency is responsible for monitoring compliance with the court ordered plan and shall report to the court at such times as the court requires."
SECTION 4. Section 20-7-420 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) to require the parent of a child brought before the court for adjudication of a delinquency matter and agencies providing services to the family to cooperate and participate in a plan adopted by the court to meet the needs and best interests of the child and to hold a parent or agency in contempt for failing to cooperate and participate in the plan adopted by the court."
SECTION 5. Section 20-7-3230(5) of the 1976 Code is amended by adding at the end:
"The Department of Juvenile Justice shall provide educational programs and services to all preadjudicatory juveniles in its custody. County and regionally operated facilities shall provide these services to all preadjudicatory juveniles who are detained locally for more than twenty-four hours, excluding weekends and state holidays, by contracting with the Department of Juvenile Justice or by arranging the services through the local school district in which the facility is located. Services which are arranged locally must be approved by the Department of Juvenile Justice as meeting all criteria developed under the authority of Section 20-7-3240."
SECTION 6. Section 16-23-430(2) of the 1976 Code, as last amended by Section 48, Act 184 of 1993, is further amended to read:
"(2) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one three thousand dollars or imprisoned not more than five years, or both. Any A weapon or object used in violation of this section may must be confiscated by the law enforcement division making the arrest."
SECTION 7. Section 20-7-390 of the 1976 Code is amended to read:
"Section 20-7-390. When used in this article, unless the context otherwise requires, 'child' means a person less than seventeen years of age, where the child is dealt with as a juvenile delinquent. 'Child' does not mean a person sixteen years of age or older who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more. However, a person sixteen years of age or older who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more may be remanded to the family court for disposition of the charge at the discretion of the solicitor. Where the child is dealt with as a dependent or neglected child the term 'child' shall mean means a person under eighteen years of age."
SECTION 8. Section 20-7-430 of the 1976 Code, as last amended by Act 579 of 1990, is further amended to read:
"Section 20-7-430. Jurisdiction over a case involving a juvenile may child must be transferred in the following instances or retained as follows:
(1) If, during the pendency of a criminal or quasi-criminal charge against any minor a child in a circuit court of this State, it shall be is ascertained that the minor child was under the age of seventeen years at the time of committing the alleged offense, it shall be is the duty of such the circuit court forthwith immediately to transfer the case, together with all the papers, documents, and testimony connected therewith with the case, to the family court of competent jurisdiction, except in those cases where the Constitution gives to the circuit court exclusive jurisdiction or in those cases where jurisdiction has properly been transferred to the circuit court by the family court under the provisions of this section. The court making such the transfer shall order the minor child to be taken forthwith immediately to the a place of detention designed authorized under Section 20-7-3230 by the court or to that the family court itself, or shall release such minor the child to the custody of some suitable person to be brought before the court at a time designated. The court shall then shall proceed as provided in this article. Notwithstanding any other provision of law, the provisions of this This section shall be is applicable to all existing offenses embraced therein, irrespective of whether such offenses may be directed solely at children coming within the scope of this article and shall likewise be applicable and to such offenses as shall be created in the future unless the General Assembly shall specifically directs otherwise.
(2) Whenever If a person child is brought before a magistrate or city recorder and, in the opinion of the magistrate or city recorder, the person child should be brought to the family court of competent jurisdiction under the provisions of this section, the magistrate or city recorder shall thereupon transfer such the case to the family court and direct that the persons child involved be taken thereto to the family court.
(3) When If an action is brought in any county court or a circuit court which, in the opinion of the judge thereof, falls within the jurisdiction of the family court, he the judge may transfer the action thereto upon his the judge's own motion or the motion of any party.
(4) If a child sixteen years of age or older is charged with an offense which if committed by an adult would be a misdemeanor, or a Class E or F felony as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of ten years or less if committed by an adult and if the court, after full investigation, deems considers it contrary to the best interest of such the child or of the public to retain jurisdiction, the court may, in its discretion, acting as committing magistrate, may bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such the offense if committed by an adult.
(5) If a child fourteen or fifteen years of age who has two prior and unrelated adjudications of assault, assault and battery with intent to kill, assault and battery of a high and aggravated nature, arson, housebreaking, burglary, kidnapping, attempted criminal sexual conduct or robbery and is currently charged with a third or subsequent such offense an offense which if committed by an adult would be a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more, the court, may after full investigation and hearing, if it deems may determine it contrary to the best interest of such the child or of the public to retain jurisdiction,. The court, acting as committing magistrate, may bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such the offenses if committed by an adult.
(6) Within thirty days after the filing of a petition in the family court alleging the child has committed the offense of murder or criminal sexual conduct, the person executing the petition may request in writing that the case be transferred to the court of general sessions with a view to proceeding against the child as a criminal rather than as a child coming within the purview of this article. The judge of the family court is authorized to determine this request. If the request is denied, the petitioner may appeal within five days to the circuit court. Upon the hearing of the appeal, the judge of the circuit court is vested with the discretion of exercising and asserting the jurisdiction of the court of general sessions or of relinquishing jurisdiction to the family court. If the circuit judge elects to exercise the jurisdiction of the general sessions court for trial of the case, he the judge shall issue an order to that effect, and then the family court has no further jurisdiction in the matter.
(7) Once the family court relinquishes its jurisdiction over the child and the child is bound over to be treated as an adult, the provisions of Section 20-7-780 dealing with the confidentiality of identity and fingerprints will is not be applicable.
(8) When jurisdiction is relinquished by the family court in favor of another court, the court shall have has full authority and power to grant bail, hold a preliminary hearing, and any other powers as now provided by law for magistrates in such these cases.
(9) If a child fifteen fourteen years of age or older is charged with a violation of Section 16-23-430(1), Section 16-23-20, assault and battery of a high and aggravated nature, or Section 44-53-445, the court may, after full investigation and hearing, if it considers it contrary to the best interest of the child or the public to retain jurisdiction, acting as committing magistrate, may bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offenses offense if committed by an adult."
SECTION 9. Section 20-7-600(F) and (H) of the 1976 Code, as last amended by Section 282, Act 181 of 1993, is further amended to read:
"(F) When the authorized representative of the Department of Juvenile Justice determines that placement of a juvenile outside the home is necessary, he the representative shall make a diligent effort to place the child in an approved home, program, or facility, other than a secure juvenile detention facility, when these alternatives are appropriate and available. A child is eligible for detention in a secure juvenile detention facility only if the child:
(1) is charged with a violent crime as defined in Section 16-1-60;
(2) is charged with a crime which, if committed by an adult, would be a felony other than a violent crime, and the child:
(a) is already detained or on probation or conditional release in connection with another delinquency proceeding;
(b) has a demonstrable recent record of wilful failures to appear at court proceedings;
(c) has a demonstrable recent record of violent conduct resulting in physical injury to others; or
(d) has a demonstrable recent record of adjudications for other felonies crimes; and:
(i) there is clear and convincing evidence to establish a risk of flight, or serious harm to others; or
(ii) the instant offense involved the use of a firearm;
(3) is a fugitive from another jurisdiction;
(4) requests protection in writing under circumstances that present an immediate threat of serious physical injury. A child who meets the criteria provided in this subsection is eligible for detention. Detention is not mandatory for a child meeting the criteria if that child can be supervised adequately at home or in a less secure setting or program.;
(5) had in his possession a deadly weapon;
(6) has a demonstrable recent record of wilful failure to comply with prior placement orders including, but not limited to, a house arrest order.
(H) If the authorized representative of the Department of Juvenile Justice has not released the child to the custody of his the child's parents or other responsible adult, the court shall hold a detention hearing within twenty-four hours from the time the child was taken into custody, excluding Saturdays, Sundays, and holidays. At this hearing, the authorized representative of the department shall submit to the court a report stating the facts surrounding the case and a recommendation as to the child's continued detention pending the adjudicatory and dispositional hearings. The court shall appoint counsel for the child if none is retained. No child may proceed without counsel in this hearing, unless the child waives the right to counsel, and then only after consulting at least once with an attorney. At the conclusion of this hearing, the court shall determine whether probable cause exists to justify the detention of the child as well as determining the appropriateness of, and need for, the child's continued detention. If continued detention of a juvenile is considered appropriate by the court and if a juvenile detention facility exists in that county which meets state and federal requirements for the secure detention of juveniles, or if that facility exists in another county with which the committing county has a contract for the secure detention of its juveniles, and if commitment of a juvenile by the court to that facility does not cause it to exceed its design and operational capacity, the family court shall order the detention of the juvenile in that facility. Periodic reviews of the detention order must be conducted in accordance with the rules of practice in a family court. However, a juvenile must not be detained in secure confinement in excess of ninety days. If the child does not qualify for detention or otherwise require continued detention under the terms of subsection (F), the child must be released to a parent, guardian, or other responsible person or placed in a program directed by or affiliated with the department."
SECTION 10. Section 20-7-1330(c), as last amended by Act 615 of 1988, is further amended to read:
"(c) commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children or to place them in family homes or under the guardianship of a suitable person. Commitment must be for an indeterminate period but in no event beyond the child's twenty-first birthday. However, if the child has been adjudicated delinquent for committing a violent offense as defined in Section 16-1-60, the court, in conjunction with the indeterminate sentence, may commit the juvenile to a public or private institution for a determinate period not to exceed two years and during the determinate period the child must not be released;"
SECTION 11. Section 24-19-10(d) of the 1976 Code is amended to read:
"(d) 'Youthful offender' means all male and female offenders an offender who are is under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-430, who is sixteen years of age and has been charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more, or who is seventeen but less than twenty-five years of age at the time of conviction."
SECTION 12. Section 59-63-32 of the 1976 Code, as added by Act 163 of 1991, is amended by adding at the end:
"(G) Before a child may be enrolled in a public school of this State, the adult seeking to enroll the child must provide the school with information so that the school may obtain the child's permanent record from the child's previous school. The previous school must comply with the request, and both schools must keep the record confidential as provided by law. For purposes of this subsection, 'previous school' includes special schools, such as those operated by the Department of Juvenile Justice, and 'permanent record' means transcripts, attendance records, and disciplinary records."
SECTION 13. Section 59-63-210 is amended to read:
"Section 59-63-210. (A) Any A district board of trustees may authorize or order the expulsion, suspension, or transfer of any a pupil for a commission of any a crime, gross immorality, gross behavior, or persistent disobedience, or for violation of written rules and regulations established by the district board, county board, or the State Board of Education, or when the presence of the pupil is detrimental to the best interest of the school.
(B) A district board of trustees, after a hearing held in accordance with Section 59-63-240, must expel for a period of time which is at least the remainder of the school year a pupil who is convicted, pleads guilty or nolo contendere, or is adjudicated delinquent for having committed the offense of:
(1) murder (Section 16-3-10);
(2) criminal sexual conduct in the first degree (Section 16-3-652);
(3) criminal sexual conduct in the second degree (Section 16-3-653);
(4) criminal sexual conduct with a minor (Section 16-3-655);
(5) assault with intent to commit criminal sexual conduct (Section 16-3-656);
(6) assault and battery with intent to kill (Section 16-3-620); (7) kidnapping (Section 16-3-910);
(8) voluntary manslaughter (Section 16-3-50);
(9) armed robbery (Section 16-11-330);
(10) drug trafficking as defined in Section 44-53-370(e);
(11) arson in the first degree (Section 16-11-110(A);
(12) burglary in the first degree (Section 16-11-311);and
(13) carrying a weapon on school property as defined in Section 16-23-430.
(C) Every An expelled pupil shall have has the right to petition for readmission for the succeeding school year.
(D) Expulsion or suspension shall must be construed to prohibit a pupil from entering the school, or school grounds, except for a prearranged conference with an administrator, attending any day or night a school functions function, or riding a school bus.
(E) The provisions of this This section shall does not preclude enrollment and attendance in any an adult, or night school, or alternative educational program."
SECTION 14. Title 59 of the 1976 Code is amended by adding:
Section 59-66-10. (A) Schools must keep disciplinary records for students. These disciplinary records must contain clear anecdotal evidence and show action taken by and with the cooperation of schools to address problem behavior. In addition, the disciplinary records must show action taken by the school to report to law enforcement when required by Section 59-24-60 and must contain information provided to the school pursuant to Sections 20-7-3300 and 20-7-600. A student's disciplinary record must follow the student through school.
(B) The principal may use information contained in a student's disciplinary record for monitoring and supervisory purposes, but any parts of the disciplinary record which are required to be kept confidential by other provisions of law must be maintained in a manner to ensure the confidentiality of those parts. The State Board of Education, through the State Department of Education and in consultation with the Office of the Attorney General, the Department of Juvenile Justice, and the State Law Enforcement Division, must promulgate regulations to ensure confidentiality as required by law.
Section 59-66-20. (A) The General Assembly annually shall provide funds in the general appropriations act to be awarded to school districts which choose to employ safety coordinators in accordance with this section. State funds may be awarded for not more than one safety coordinator for each county. The amount of the award for a county for fiscal year 1995-96 may not exceed twenty-five thousand dollars, except for counties which are designated as economically distressed pursuant to Section 41-43-180. Economically distressed counties participating in the program shall receive additional state funds for fiscal year 1995-96 in the amount of five thousand, five hundred dollars. The amount which may be awarded for a county, including the additional state funds for economically distressed counties, must be increased each fiscal year after 1995-96 by the same percentage as the average teacher salary.
(B) An award of state funds to school districts under this program is contingent upon a district or group of districts jointly matching the state grant with an equal amount of funds and in kind contributions; however, school districts located primarily within an economically distressed county are not required to match any portion of the state grant. Additionally, funds only may be awarded where the duties of the safety coordinator relate exclusively to school and district safety functions. It is the intent of the General Assembly that the safety coordinator have a strong background in law enforcement, safety matters, or coordination of relevant services.
(C) If a county consists of more than one school district, any or all school districts within the county may apply jointly for funds for a safety coordinator. Each participating school district must provide a portion of the local matching funds based upon the relationship the district's student membership bears to the total student membership of all participating districts within the county. Nonparticipating school districts in multi-district counties may begin participation in the program by contributing to the local match in the same manner as those school districts originally participating in the program.
(D) When more than one school district in a multi-district county is provided funds under this section, the safety coordinator must be an employee of the school district with the largest student membership during the immediately preceding school year, unless the participating school districts have a memorandum of agreement providing otherwise; however, the safety coordinator must provide services to all participating school districts.
(E) For purposes of this section, 'student membership' means the cumulative one hundred thirty-five day average daily membership during the immediately preceding school year.
(F) The State Board of Education, through the State Department of Education, shall develop and implement regulations establishing the safety coordinator grant program.
Section 59-66-30. (A) Using funds appropriated by the General Assembly, each public middle, junior high, and high school in the State must be equipped with one hand-held metal detector.
(B) In consultation and cooperation with the Office of the Attorney General and the State Law Enforcement Division, the State Department of Education shall provide training in the use of hand-held metal detectors to school officials who shall use the equipment.
(C) The State Board of Education, through the State Department of Education, shall promulgate regulations to implement this section.
Section 59-66-40. (A) Before January 16, 1996, the State Board of Education, through the State Department of Education, shall promulgate regulations establishing additional minimum requirements for planning and construction of public school facilities. The regulations shall require public school facilities to be constructed, located, and equipped so as to facilitate prevention of and intervention in violent incidents. The regulations must contain appropriate provisions for new construction, renovations, remodelings, expansions, and relocatable classroom buildings. The State Board of Education may establish minimum expenditure levels which must be met before the regulations are applicable.
(B) On and after the effective date of the regulations, any new construction, renovation, remodeling, expansion, or relocatable classroom building, governed by the regulations, may not be occupied until the State Superintendent of Education or the state superintendent's agent approves the facility. The school district is responsible for requesting approval and submitting the necessary documents to the State Superintendent of Education or the state superintendent's agent.
(C) A school district may request a waiver from part or all of the regulations, and the State Board of Education may grant a waiver if the regulations impose an unreasonable or undue hardship upon the district.
Section 59-66-50. (A) Before July 1, 1996, the State Board of Education, through the State Department of Education, shall select, develop, modify or cause to be developed or modified curriculum for teaching peaceful conflict resolution and nonviolent living to students in all grades of the public schools of this State. The curriculum shall incorporate and concentrate upon:
(1) trust building and team building including strategies for building productive, cooperative relationships;
(2) learning to work in groups;
(3) effective communication skills;
(4) peaceful problem solving techniques;
(5) collaborative decision making techniques;
(6) negotiation and mediation techniques;
(7) positive approaches to behavior management.
(B) In addition to the requirements contained in subsection (A), the curriculum must be:
(1) appropriate to the students' age and grade;
(2) structured to provide consistent reinforcement throughout the school year and each student's school career;
(3) flexible so as to be incorporated within the existing school day and year and so that the needs of the diverse classrooms across the State are met;
(4) designed to address the need for training of all school officials, and;
(5) designed to reach outside the school and encourage supportive actions in the home and community including use of the curriculum by public and private service providers, organizations, groups, institutions, and agencies with their clients or members.
(C) Beginning with the 1996-97 school year, the State Board of Education, through the State Department of Education, shall cause the curriculum to be taught to all students in all grades of the public schools of this State. A parent or guardian may elect for their child or ward not to participate in the curriculum by signing a written document making the election. The form of the written document must be prescribed by regulation of the State Board of Education.
(D) Funds for the development or selection and implementation of the curriculum must be provided by the General Assembly.
Section 59-66-60. (A) The State Board of Education, through the State Department of Education, shall cause alternative educational programs for students who are serious threats to the safety and security of the regular school program to be developed and pilot tested in school years 1995-96, 1996-97, and 1997-98.
In selecting the pilot programs, the State Board of Education, through the State Department of Education, shall ensure representation of the various geographic regions of the State, urban and rural settings, various size student populations, various socio-economic populations, and areas with different incidences of juvenile crime. The number of pilot test sites may be expanded each year, if adequate funds are provided and expansion does not compromise supervision and evaluation of the pilot tests.
For purposes of this subsection, 'students who are serious threats to the safety and security of the regular school program' means students who have severe disciplinary problems as documented by school disciplinary records and students who have been charged with or adjudicated delinquent for the commission of a violent crime as defined in Section 16-1-60, for a violation of Section 16-23-430, for a crime in which an illegal weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44.
(B) The pilot programs must provide activities, counseling, and other appropriate services to meet the students' special needs, increase their opportunities for success, and promote nonviolent behavior. It is the intent of the General Assembly that the support activities and services be provided through existing state and community resources to the extent possible.
(C) Before December 1, 1995, the State Board of Education, through the State Department of Education, shall establish procedures for evaluating the pilot programs. The evaluation procedure must include the collection of data and allow the process to be evaluated and, to the extent possible, it must measure the effectiveness of the pilot programs. The State Board of Education shall cause an independent evaluation of the pilot programs to be conducted and presented to the General Assembly at the conclusion of the three years of pilot testing.
(D) Based upon the evaluation required by subsection (C), the State Board of Education, through the State Department of Education, shall cause successful alternative educational programs to be implemented for all school districts. Statewide implementation of the programs must be phased in over three years beginning with school year 1998-99. The programs must be undertaken on a multi-district or multi-county basis.
(E) Throughout the phase in to statewide implementation, the State Board of Education, through the State Department of Education, shall continue to cause the programs to be evaluated and indicated refinements made.
(F) The General Assembly must appropriate funds for the planning, development, pilot testing, evaluation, and statewide implementation of this section.
(G) The State Board of Education or the governing body of a pilot test site may use a portion of its allocation of funds for the purchase of technical assistance during pilot testing.
(H) The State Board of Education, through the State Department of Education, is required to explore ways of redirecting or expanding financial support for part or all of the alternative educational program with other than state funds. Strategies to maximize the probability of federal or foundation funding or both must be used.
(I) The State Board of Education, through the State Department of Education, shall promulgate regulations whereby state and local funds generated under the Education Finance Act for a student must be used to defray the cost of the student's alternative educational program. The regulations may specify a minimum period of time a student must be served in an alternative educational program before the regulations apply or may provide for a proportional contribution to the cost of the alternative educational program based upon the length of time a student is served in an alternative educational program or both.
Section 59-66-70. (A) There is created the Volunteer Mentor Program to be administered by the Department of Education. The purpose of the program is to promote the establishment of local programs whereby at-risk children are matched with adult volunteers on a one-to-one basis.
(B) The objectives of the program are to:
(1) reduce juvenile crime in local communities served by the program;
(2) recruit community volunteers to provide positive adult role models for at-risk children;
(3) improve the academic performance of students participating in the program; and
(4) meet the physical, intellectual, emotional, and social needs of students participating in the program and improve their attitudes and behavior.
(C) As used in this section, 'at-risk children' means children under the age of twenty-one, who have been referred:
(1) directly by local law enforcement, family court, appropriate state agencies, or the local school district; or
(2) to family court during the immediately preceding twelve months.
(D) Each local program must have a local board of directors or advisory committee which reflects local commitment to the program and is representative of the community. The governing board or advisory committee shall monitor program activity and generate financial support for the program.
(E) Each local program must have at least a part-time program director who is responsible for:
(1) recruiting volunteers;
(2) screening volunteers;
(3) training or facilitating training of volunteers;
(4) matching volunteers with at-risk children;
(5) supervising volunteers;
(6) providing or arranging support services and group activities;
(7) working with the program's governing board or authority or advisory committee;
(8) evaluation of the program; and
(9) record-keeping.
(F) The General Assembly annually shall provide funds in the general appropriations act for the administration of the program at the State level and for grants to be awarded for the salary of local program directors. It is the intent of the General Assembly that grants for local part-time program directors be reduced in proportion to grants for full-time directors. It is also the intent of the General Assembly that local programs be supported in part by local grants and donations, in-kind contributions, federal funds, and other funds which are not state funds.
(G) The Department of Education shall serve as the lead State agency for collecting information and reporting to the General Assembly by February 15, 1995 on sources of funds other than State funds, which may be used to offset the cost of the program at the state and local level. All agencies of the State are directed to assist and cooperate with the Department of Education.
(H) Grant recipients may be:
(1) state agencies, county agencies, or school districts or a consortium of a combination of state agencies and county agencies and school districts; or
(2) non-profit 501 (c)(3) entities or a consortium consisting of one or more 501 (c)(3) entities.
(I) The Department of Education shall:
(1) disseminate information regarding the program to interested groups;
(2) develop and disseminate a request for applications to establish local Volunteer Mentor Programs;
(3) provide technical assistance to grant applicants and ongoing technical assistance as grants are implemented;
(4) administer funds appropriated by the General Assembly;
(5) monitor the grants funded;
(6) revoke a grant if necessary or appropriate;
(7) develop and implement an evaluation system that assesses the efficiency and effectiveness of the program and provide information on how to improve and refine the program;
(8) report annually to the General Assembly on program implementation and the results of the department's evaluation of the program;
(9) promulgate regulations necessary to implement the program including, but not limited to:
(a) qualifications for local program directors;
(b) training for program directors and volunteers;
(c) requirements related to program directors' supervision of volunteers;
(d) criteria for children's admission to the program;
(e) required performance levels for a grant recipient to continue to receive an award;
(f) requirements for screening volunteers;
(g) procedures to be followed in developing and submitting applications; and
(h) criteria for selection of grant recipients;
(10) award grants.
(J) A 501(c)(3) entity or consortium that receives a grant under this section must report to the Department of Education on the implementation of the program. The report must provide information required by the Department of Education to allow the department to evaluate the program.
Section 59-66-310. Before January 1, 1996, each school must have an approved comprehensive school safety plan, and each school district must have an approved comprehensive district safety plan. School and district safety plans must be approved as provided in Section 59-66-370. School and district safety plans must be coordinated so that the plans are consistent and, as appropriate, interrelated, with school and district responsibilities clearly specified.
Section 59-66-320. To receive approval under Section 59-66-370, school and district safety plans must address the broad spectrum of safety concerns including, but not limited to, natural disasters, accidents, medical emergencies, and violent incidents.
Section 59-66-330. The district superintendent must appoint a committee to develop the district's safety plan, and the principal of each school must appoint a committee to develop the school's safety plan. Safety committees must be established so that the committee membership or the committee's procedures include participation by parents, students, school personnel at all levels, and representatives of all relevant local agencies engaged in law enforcement, juvenile probation and parole, juvenile corrections, fire protection, emergency preparedness, health and human services, and social rehabilitation. The Schoolhouse Safety Resource Center must include meaningful participation by these groups as a criterion for safety plan approval. Each district superintendent must designate a safety coordinator who has primary responsibility for overseeing and implementing the district's safety plan and programs and who shall chair the district safety committee. Each school principal or the school principal's designee must have primary responsibility for overseeing and implementing the school safety plan and must chair the school safety committee.
Section 59-66-340. (A) Each school and district safety plan must include programs and strategies designed to:
(1) prevent disruptions to a safe school environment;
(2) result in an appropriate, planned intervention during incidents endangering the safety of students and adults who serve them; and
(3) restore equilibrium to the school or district or both after the immediate crisis event has passed.
(B) In addition to the requirements of subsection (A), each safety plan must:
(1) address safety needs during the school day, at extracurricular events, and on state-provided school transportation;
(2) provide for continuous monitoring and response to safety issues;
(3) provide for curriculum which teaches students nonviolent problem-solving strategies from funds appropriated by the General Assembly for this purpose;
(4) based upon student needs, encourage and facilitate local law enforcement, juvenile probation and parole, juvenile corrections, health and human services, and social rehabilitation agencies to: (a) establish a routine presence in the schools;
(b) participate in appropriate classroom and assembly programs; and
(c) provide services in a nonstigmatizing way in the schools;
(5) coordinate the security efforts and establish a chain of command for personnel employed by the school and the district;
(6) within the parameters of legally-mandated confidentiality, establish effective and reliable methods for the timely sharing of student information, especially regarding students who have a history of criminal behavior;
(7) explain how the safety plan has been coordinated with community emergency plans and relevant state and community agencies;
(8) include a program through which school and district personnel, students, parents, and relevant state and community agencies are familiarized with the contents of the plan or, if appropriate, trained to meet their responsibilities under the plan;
(9) include a service coordination matrix identifying services and programs provided by community and state resources which are available to address school and student safety needs including, but not limited to, services and programs available to address risk factors associated with violent student behavior;
(10) include a ready reference containing emergency procedures and current telephone numbers to be used in identified emergencies; and
(11) recommend changes including, but not limited to, changes in supervision procedures, schedules, curriculum, assignments, training and technology needed to achieve a safe, secure school environment.
Section 59-66-350. All district and school safety plans must be reviewed and approved by the district board of trustees.
Section 59-66-360. Each safety committee shall prepare a written report identifying impediments to cooperation and coordination between community resources and the district and its schools including, but not limited to, law enforcement, juvenile probation and parole, juvenile corrections, health and human services, and social rehabilitation agencies. In the written report each Safety Committee also shall identify impediments to the provision of appropriate state and community resources on the school site. The written report must be provided to the Schoolhouse Safety Resource Center in the same manner as and with the relevant safety plan. The written report must contain minority or dissenting views of committee members and affected agencies, if any.
Section 59-66-370. District and school safety plans must be submitted for approval to the Schoolhouse Safety Resource Center by the district superintendent, working through the district safety coordinator. The Schoolhouse Safety Resource Center shall review district and school safety plans for purposes of approving or disapproving each plan. The center shall provide specific recommendations for revisions to provisionally approved plans and shall provide technical assistance and specific recommendations for revisions to disapproved plans.
Section 59-66-380. After approval of the initial safety plans, annual revisions must be a part of the school or district strategic plan required by Section 59-20-60.
Section 59-66-390. (A) A Schoolhouse Safety Resource Center is established within the State Department of Education in the manner the General Assembly shall provide in the annual general appropriations act.
(B) Duties and responsibilities of the Schoolhouse Safety Resource Center, in addition to any others assigned to the center by this chapter, are to:
(1) establish, with the approval of the State Board of Education, the criteria and process by which school and district safety plans are evaluated for approval by the center;
(2) publish and disseminate to all schools and school districts a comprehensive, detailed guide of topics which must be included in comprehensive school and district safety plans;
(3) with the assistance of the Office of the Attorney General, identify and provide explanations of state and federal criminal laws which are relevant to school safety and which supplement school and district disciplinary codes;
(4) sponsor regional workshops for school and district safety committees, safety coordinators, and other appropriate school and district personnel so as to provide training in the development and implementation of school and district safety plans;
(5) develop or select model curricula for school safety training programs for faculty and designated staff of all schools and school districts;
(6) serve as a clearinghouse for information on the best practices for:
(a) prevention of safety crises;
(b) intervention during safety crises; and
(c) crisis response follow-up;
(7) annually report to the General Assembly on the schools' and school districts' progress in developing and implementing safety plans;
(8) annually report to the General Assembly on impediments to: (a) coordination and cooperation of safety efforts between:
(i) districts and their schools; and
(ii) relevant state and community resources; and
(b) the provision of appropriate community and state services in a nonstigmatizing way on the school site;
(9) assist the State Board of Education in developing, modifying, or selecting curriculum for teaching students peaceful conflict resolution and nonviolent living; and,
(10) make recommendations to the General Assembly for improving development and implementation of school and district safety plans, for increased coordination and cooperation between schools and relevant state and community resources, and for provision of community and state services in a nonstigmatizing way on the school site.
SECTION 15. (A) A three-year pilot project for school-based counseling services must be established jointly by the Department of Mental Health and the Department of Education. The purpose of the project is to provide an array of school-based and child-focused counseling services developed by the Department of Mental Health in designated schools. The pilot project must serve at least fourteen schools during the first year. The number of pilot test sites may be expanded each of the remaining two years of the pilot test, if adequate funds are provided and expansion does not compromise supervision and evaluation of the pilot project.
(B) The services must include, but are not limited to:
(1) a child-focused school-based counseling clinic;
(2) training, consultation, and support programs for school staff.
(C) The schools chosen must be:
(1) geographically representative;
(2) representative of the socio-economic diversity of the State;
(3) representative of various size student populations;
(4) middle and junior high schools.
(D) The Department of Mental Health and the Department of Education jointly are responsible for selecting individual schools and mental health centers within the designated parameters for participation in the pilot project.
(E) (1) The Department of Mental Health is responsible for providing mental health counselors, student interns, a supervisory position for the project in the Division of Children, Adolescents, and Their Families, Department of Mental Health, and basic travel and operating expenses. The personnel and expenses must be paid for with funds made available to the department by the General Assembly for this purpose.
(2) The local education authorities are responsible for providing appropriate office space and furniture for the mental health personnel stationed at the designated schools.
(3) The Department of Mental Health and the Department of Education shall seek Medicaid reimbursement to offset the cost of the pilot project to the State and shall consult with the Health and Human Services Finance Commission to estimate the resulting revenue as a result of services as a match for federal Medicaid reimbursement. The designated centers and schools are required to explore ways of redirecting or expanding support other than state funds. The department shall maximize the probability of federal or foundation funding or both.
(F) (1) There is established a School-Based Mental Health Pilot Project Advisory Board consisting of one member appointed by each of the following: the State Superintendent of Education, the Director of the Department of Mental Health, and the chair of the Legislative-Governor's Committee on Mental Health and Mental Retardation. The chair of the advisory board shall appoint other appropriate individuals to serve as the advisory board considers necessary.
(2) The advisory board shall meet quarterly to review pilot project information and advise with regard to the project's implementation. Participating centers and schools shall provide quarterly updates to the advisory board.
(3) The involved departments shall submit an annual report containing a financial statement, which includes Medicaid reimbursement data, and a report of activities no later than September first each year of the project to the Legislative-Governor's Committee on Mental Health and Mental Retardation on the progress of the pilot project.
(4) The Division of Children, Adolescents, and Their Families, Department of Mental Health, is responsible for providing staff support to the advisory board.
(G) The Department of Mental Health, in consultation and cooperation with the Department of Education, shall establish before December 1, 1994, an evaluation procedure which includes the collection of data and allows the process to be evaluated and, to the extent possible, it must measure the effectiveness of the project as a whole and the effectiveness in individual schools. The Department of Mental Health shall cause an independent evaluation of the pilot project, as a whole and in its aggregate parts, to be conducted and presented to the Senate Medical Affairs Committee, the House Medical, Municipal, Military and Public Affairs Committee, the Senate Education Committee, the House Education and Public Works Committee, the Legislative-Governor's Committee on Mental Health and Mental Retardation, and the Joint Legislative Committee on Children and Families not later than December 15, 1997.
(H) If school-based counseling proves successful during pilot testing, it is the intent of the General Assembly that successful counseling services be implemented statewide in all public middle and junior high schools over a three-year phase in period beginning with the 1997-98 school year. Upon funding for statewide implementation by the General Assembly, the Department of Mental Health and the State Board of Education, through the State Department of Education, are responsible for causing implementation to occur with priority for funding given to schools with the greatest need for counseling services.
(I) Throughout any phase in to statewide implementation, the Department of Mental Health, in cooperation and consultation with the Department of Education, shall continue to cause the programs to be evaluated and indicated refinements made.
(J) The General Assembly shall appropriate funds for the planning, development, pilot testing, evaluation, and statewide implementation of this section.
SECTION 16. This division may be cited as the "Parent-School Responsibilities Act".
SECTION 17. The 1976 Code is amended by adding:
"Section 59-17-130. The school districts of this State shall encourage parents to become involved in their children's education as early as possible and make parental involvement and home-school relations a major component of school improvement efforts. The school districts shall keep records of at-risk children, as defined by the department in regulation, and their behavior, provide counseling when available, assist parents in understanding their children's behavior, and when necessary refer children and their parents to other appropriate state agencies for assistance in correcting existing problems and preventing future problems."
SECTION 18. The 1976 Code is amended by adding:
"Section 59-26-90. The State Board of Education shall promulgate regulations to provide that school guidance counselors are employed primarily to counsel students, give group guidance where appropriate, and work with the students, parents, and teachers."
SECTION 19. Section 20-7-20 of the 1976 Code is amended by adding at the end:
"(G) The State has a paramount interest in ensuring that children receive a primary and secondary education. State and county officials shall do everything within their jurisdictional authority to carry out the provisions of the South Carolina school attendance law and the South Carolina Children's Code to prevent school nonattendance."
SECTION 20. The 1976 Code is amended by adding:
"Section 20-7-1352. The requirement of acceptable school attendance and appropriate behavior must be an integral part of all probation orders."
SECTION 21. The 1976 Code is amended by adding:
"Section 20-7-1353. Probation and parole counselors are required to assist in the reenrollment of all their clients who are children in the public schools upon the child's release from confinement facilities and to report to the State Department of Education and the appropriate local advocacy group for children a school's refusal to reenroll or enroll a child."
SECTION 22. The 1976 Code is amended by adding:
"Section 59-65-55. (A) If, during the activities designed to remedy truant behavior as provided in Sections 59-65-50 and 59-65-60, the parent or guardian of the student who is the subject of these activities transfers the student to another school district in the State, the administration of the school from which the student transferred shall include all plans and documentation associated with improving attendance with the official records that are sent to the receiving school district. The receiving school district must continue the activities as specified in the plans or documentation, unless the activities are modified in a conference with the family or in a proceeding before the family court, as appropriate.
(B) No one except the board of trustees or its designee may institute the proceedings provided in this article. A school board which wilfully fails to follow the requirements of this section may be cited by the State Board of Education with an accreditation deficiency under the defined minimum program."
SECTION 23. Section 59-65-20 of the 1976 Code, is amended to read:
"Section 59-65-20. If any a parent or guardian who wilfully neglects to enroll his child or ward or refuses to make such child or ward attend school shall, upon conviction, be fined in school as provided in this article, the school district shall report such nonenrollment to the solicitor in writing. The solicitor immediately shall petition the Family Court for an order directing the parent or guardian to appear before the court for a hearing. At the hearing the court may order the parent or guardian to enroll the child in school. A parent or guardian who fails to comply with the order may be held in contempt and fined not more than fifty dollars or be imprisoned not more than thirty days;. Each day's absence shall constitute a separate offense; provided. However, the court may in its discretion may suspend the sentence of anyone convicted of the provisions of this article."
SECTION 24. Section 59-65-50 of the 1976 Code is amended to read:
"Section 59-65-50. If the board of trustees of a school district or its designee is unable to obtain the school attendance of a child in the age group specified in Section 59-65-10, the board or its designee shall report such nonattendance in writing to the juvenile court or such other court in the county as may have jurisdiction of juveniles but exclusive of magistrate's courts notwithstanding the provisions of Section 22-3-540; provided, that no one except the board of trustees or its designee shall have the authority to institute the proceedings herein.
(A) The board of trustees of a school district shall notify all enrolled students and parents or guardians of students of the school attendance laws and the penalties and consequences at the beginning of each school year. The student's parent or guardian must be notified of the student's unlawful absences. Notice must be by telephone contact with the student's parent or guardian by the end of the following school day, by regular mail sent no later than the following school day, or by any other reasonable means.
(B) (1) After three consecutive unlawful absences or five cumulative unlawful absences, the school district shall determine if the child's future achievement, attendance, or well-being is in jeopardy and if so schedule a conference with the student and parent or guardian and formulate a proposed intervention plan to ensure the student's continued attendance. The district shall make every reasonable effort to schedule the conference at a mutually convenient time and place which does not conflict with the parent's or guardian's employment, and shall provide or arrange for transportation where necessary to enable the parent or guardian to attend.
(2) Before the conference, appropriate school personnel, including special education staffs, must have reviewed all pertinent school records, met with the child if possible, and taken other necessary steps to determine:
(a) whether curriculum changes would assist in resolving the nonattendance problem. Such curriculum changes may include enrollment of the child in an alternative educational program, including vocational education, that meets the child's specific educational and behavioral needs;
(b) whether there are psychological problems, learning disabilities, or other physical or mental disabilities contributing to the child's nonattendance;
(c) whether there are related health or human services needs or economic needs, including needs of other family members, that may be impeding the child's school attendance.
(3) Based on the determinations made by school personnel pursuant to this subsection and on other pertinent information, the district shall work with the parent or guardian at the time of the nonattendance conference to formulate a proposed intervention plan. The plan must address:
(a) the reasons for nonattendance, as stated by the parent or guardian and by the child;
(b) an assessment of the needs to be met to facilitate the child's future attendance;
(c) the actions to be taken by the parent or guardian to resolve the nonattendance problem;
(d) the actions to be taken by the student to resolve the nonattendance problem;
(e) the actions to be taken by the school to resolve the nonattendance problem, including actions to address any academic deficiencies that may be contributing to the child's nonattendance;
(f) referrals to other agencies or services for the student or the family, as appropriate and as indicated by the needs assessment;
(g) signatures of the parent or guardian and, if appropriate, of the student;
(h) whether the child should be referred for evaluation for special education or whether an existing individual education plan should be revised. An individual education plan that includes the items contained in items (a) through (g) may be used as the proposed intervention plan.
The plan must be reduced to writing by the school district, a copy included in the child's permanent record, and a copy provided to the parent or guardian no later than five working days after the conference.
(4) The district must designate an individual to be responsible for follow-up, monitoring, and any subsequent adjustment of the plan. The signature of the designated individual must appear on the plan. Districts and schools are encouraged to make use of team approaches that utilize input and participation by teachers, guidance counselors, attendance supervisors, and other appropriate school or agency personnel.
(5) If the parent or guardian fails to comply with the request for a conference with attendance officials, the board of trustees or its designee shall report the nonattendance in writing to the family court and shall apply for a court administration document utilizing forms developed by the Office of Court Administration ordering the parent or guardian to appear at a place designated by the school official. The family court shall issue the Office of Court Administration document upon request in the manner that jury summons are issued. If the parent or guardian fails to comply with the summons, the school district may have the solicitor apply for an order from the family court directing the parent or guardian to appear and show cause why the parent or guardian should not be held in contempt. Contempt is punishable by a fine of fifty dollars, thirty days imprisonment, or public service, or a combination of them.
(C) After a child has had six consecutive unlawful absences or a total of eight unlawful absences, the school district may file a report with the solicitor if it is determined that future achievement, attendance, or well-being are in jeopardy. The report must indicate the affirmative action taken by the district to work with the child, with the parent or guardian and all other appropriate entities to secure the child's attendance. Filing of such a report does not relieve the school district of its responsibility to continue to seek a cooperative resolution of the nonattendance problem up to the time the case is heard in court."
SECTION 25. Section 59-65-60 of the 1976 Code is amended to read:
"Section 59-65-60. (a) Upon receipt of such report, the court may forthwith order the appearance before such court of the responsible parent or guardian and if it deems necessary, the minor involved, for such action as the court may deem necessary to carry out the provisions of this article.
(b) The court may, after hearing upon ten days notice, order such parent or guardian to require such child to attend school and upon failure of such parent to comply with such order may punish such parent or guardian as by contempt, provided, that punishment for such contempt cannot exceed fifty dollars or thirty days imprisonment for each offense.
The procedure herein provided shall be alternative to the penalties provided in Section 59-65-20.
(A) Upon the tenth unlawful absence, the further accumulation of unlawful absences for the purpose of school attendance must be tolled until the date of the family court hearing. Within twenty-four hours following the tenth unlawful absence, the school district shall make a report of the nonattendance to the solicitor. The report must indicate the affirmative action taken by the district to work with the child and with the parent or guardian and all other appropriate entities to secure the child's attendance. If this deadline falls upon a weekend, the school district shall have until five o'clock p.m. the following Monday to discharge this duty. This report must be made regardless of whether any action has already been commenced under subsection (G) of this section and the following mandatory timelines shall apply whenever the number of unlawful absences reaches ten.
Within forty-eight hours following receipt of the report, the solicitor shall file the complaint. If this deadline falls upon a weekend, the solicitor shall have until five o'clock p.m. the following Monday to discharge this duty. After the filing of the complaint for nonattendance, personal service upon the parent or guardian and child must be expedited by the local authorities. An attendance hearing upon the merits of the complaint must be held in the family court within five days following service. However, when the end of the fifth calendar day falls on a weekend, the hearing must be scheduled on the following Monday.
(B) At the attendance hearing the district must make available a copy of the intervention plan, the individual education plan, if any, and, to the extent that it is not include in the plan, information of the child's academic performance including, but not limited to, the total number of absences, test scores, results of psychological evaluations, and number and type of disciplinary actions taken.
(C) At the attendance hearing the court shall determine whether the parent or guardian, student, and school have taken the actions assigned to each of them in the intervention plan. The court also shall consider the determinations made by school personnel pursuant to subsection (D) of this section and the extent of the investigation conducted by the school district before formulation of the intervention plan, as well as any other relevant evidence.
On appropriate findings, the court may:
(1) order any party who has failed to perform activities assigned in the intervention plan to perform such activities;
(2) order the intervention plan modified in a manner specified by the court, and that activities assigned to parties in the modified plan be performed;
(3) direct the district to further investigate the circumstances surrounding the child's absence from school, including an evaluation of any special educational, psychological, physical, or other needs of the child, modify the intervention plan as indicated by the findings of the investigation, and implement the modified plan;
(4) order the parent or guardian to attend a parental responsibility program approved by the Department of Education;
(5) order the child to attend school by placing the child under an attendance order which may require that the child have no unlawful absences from school for the remainder of the current school year or for a longer period as appropriate.
(D) A parent or guardian who fails to comply with an order of the court must be ordered to appear and show cause why he should not be held in contempt. Contempt is punishable by a fine of not more than two hundred fifty dollars or imprisonment of not more than thirty days for each offense. A parent or guardian who has made a bona fide and diligent effort to comply with the order of the court and to keep the child in school may not be held in contempt.
At the time of the contempt hearing, the court may take any of the actions specified in subsection (C), either instead of or in addition to entering a finding of contempt. In sentencing the parent or guardian, the court shall give preference to that penalty or service or combination of penalties and service that shows the most promise of achieving long-term improvement in the child's school attendance and achievement.
The court may suspend or reduce a fine or jail term imposed if the parent or guardian successfully completes a parental responsibility program or other service, treatment, or activity ordered by the court.
Imprisonment should be used only after it is demonstrated that other efforts have failed and that the parent or guardian wilfully fails to comply with the order of the court.
(E) If a child violates the terms of an attendance order imposed on him by the court and is brought back into court for this violation, the court shall make a finding as to whether a child's nonattendance in school has occurred in spite of the parent's or guardian's bona fide attempt to control and keep the child in school. The court shall make a further finding as to whether the school district has taken all appropriate action to remedy the nonattendance situation.
If the court's findings are affirmative in both cases, the court may declare the child to be a truant, adjudicate the child a status offender, and subject the child to the provision of law in these cases.
(F) If the child is found to be an habitual or chronic truant, the family court must enter an order making one or more of the following dispositions:
(1) refer the child for community-based evaluation;
(2) order the child to remain at home except during hours in which the child is attending religious worship or a school program, with the stipulation that the child may leave his home if accompanied by a parent or guardian;
(3) place the child on probation;
(4) commit the child to the residential program for status offenders at the Department of Juvenile Justice; or
(5) direct other reasonable action for the best interest of the child, including community service but excluding detention.
Before a child may be committed to the Department of Juvenile Justice's Reception and Evaluation Center or residential program for status offenders, the court shall consider whether all appropriate alternative services and programs available in the community have been exhausted. In sentencing the child, the court shall give preference to that penalty or combination of penalties that shows most promise of long-term improvement in the child's school attendance and achievement."
SECTION 26. The provisions of Sections 22, 23, 24, and 25 do not alter, amend, or repeal the provisions of Section 59-65-30 of the 1976 Code, relating to the exceptions to compulsory attendance laws or Section 59-65-40 relating to home schooling programs.
SECTION 27. Section 20-7-600 of the 1976 Code is amended by adding an appropriately lettered subsection to read:
"( ) If a child is found violating compulsory school attendance laws without reasonable justification, the child must be taken into custody by law enforcement for the purpose of transporting the child to school. The taking of a child into custody pursuant to this subsection must not be termed an arrest."
SECTION 28. The 1976 Code is amended by adding:
"Section 20-7-1351. In addition to the jurisdiction of the family court as provided in Article 5 of this chapter, the family court has jurisdiction to order parents of children identified as 'in need of services or counseling to prevent violent behavior' to appear before the court, and upon finding that the child's behavior can be modified, the court may order an assessment of the family or family participation in treatment or services to improve the behavior. A parent may be held in contempt of court for failure to comply with this section. Parents may be ordered by the family court to participate in family counseling or in other programs or services. The court may hold a parent in contempt and fine or otherwise sanction a parent for failure to comply with an order of the court. However, a contempt citation applied against an individual family member must be applied only as a last resort and only may be applied if based upon noncompliance or noncooperation with the treatment, rehabilitative, or supervision services required by the court and then only until compliance with these requirements is obtained. Parents also may be referred to the Department of Juvenile Justice, the Department of Mental Health, the Continuum of Care for Emotionally Disturbed Children, the Department of Social Services, or any recognized volunteer organization, as appropriate, for family assessment, counseling, and service."
SECTION 29. Section 20-7-600(D) of the 1976 Code, as last amended by Act 571 of 1990, is further amended to read:
"(D) Peace officers' records of children must be kept separate from records of adults, must not be open to public inspection, and may be open to inspection only by governmental agencies authorized by the judge; however, the record of a child is open to public inspection if the record pertains to:
(1) a violent crime as defined in Section 16-1-60;
(2) a crime in which an illegal weapon was used;
(3) distribution or trafficking in unlawful drugs as defined in Title 44, Chapter 53, Article 3; or
(4) an alcohol related offense for which the penalty is more than one year."
SECTION 30. Section 20-7-600 of the 1976 Code, as last amended by Section 282, Act 181 of 1993, is further amended by adding an appropriately numbered subsection to read:
"( ) When a child is taken into custody by a law enforcement officer for an offense which would be a misdemeanor or felony if committed by an adult, not including traffic or wildlife violations over which courts other than the family court have concurrent jurisdiction as provided for in Section 20-7-410, the law enforcement officer also shall notify the principal of the school in which the child is enrolled of the nature of the offense. This information may be used by the principal for monitoring and supervisory purposes but otherwise must be kept confidential by the principal in the same manner required by Section 20-7-780."
SECTION 31. Section 20-7-770 of the 1976 Code, as last amended by Section 285, Act 181 of 1993, is further amended to read:
"Section 20-7-770. Notwithstanding the right of a person to petition the family court pursuant to Section 20-7-780 for the release of a person's record of juvenile adjudications, upon the request of the Attorney General or a circuit solicitor which is made pursuant to a current criminal investigation or prosecution, the Department of Juvenile Justice shall provide the requesting party with a copy of the juvenile criminal record of a person adjudicated as a juvenile for the commission of:
(1) a violent crime as defined in Section 16-1-60;
(2) a crime in which an illegal weapon was used;
(3) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or
(4) an alcohol related offense for which the penalty is more than one year. A person with a record for an adjudicated violent crime must have his juvenile criminal record maintained by the Department of Juvenile Justice for at least ten years after the date of the violent offense adjudication.
The Department of Juvenile Justice must maintain a juvenile's record for the same period that the Department of Corrections is required to maintain the record for offenses committed by an adult when the offense is one for which the record must be provided pursuant to this section."
SECTION 32. Section 20-7-780 of the 1976 Code, as last amended by Section 286, Act 181 of 1993, is further amended to read:
"Section 20-7-780. (A) The court shall make and keep records of all cases brought before it the court and shall devise and cause to be printed forms for social and legal records and other papers as may be required. The official juvenile records of the courts and the Department of Juvenile Justice are open to inspection only by consent of the judge to persons having a legitimate interest but always must be available to the legal counsel of the juvenile. All information obtained and social records prepared in the discharge of official duty by an employee of the court or Department of Juvenile Justice is confidential and must not be disclosed directly or indirectly to anyone, other than the judge or others entitled under this chapter to receive this information unless otherwise ordered by the judge. However, these records are open to inspection without the consent of the judge where the records:
(1) are necessary to defend against an action initiated by a juvenile.; or
(2) pertain to:
(a) a violent crime as defined in Section 16-1-60;
(b) a crime in which an illegal weapon was used;
(c) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or
(d) an alcohol-related offense for which the penalty is more than one year.
(B) The When a juvenile is charged with a violent crime as defined in Section 16-1-60 or with a crime in which an illegal weapon was used, the Department of Juvenile Justice, if requested, shall provide the victim of a violent the crime, as defined in Section 16-1-60, with the name and other basic descriptive information about the juvenile charged with the crime and with information about the juvenile justice system, and the status and disposition of the delinquency action, including hearing dates, times, and locations, and with information concerning services available to victims of juvenile crime. The name, identity, or picture of a child under fourteen years of age who is under the jurisdiction of the court, pursuant to this chapter, must not be made public by a newspaper, radio, or television station except as authorized by order of the court or if the juvenile is charged with:
(1) a violent crime as defined in Section 16-1-60;
(2) a crime in which an illegal weapon was used;
(3) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44;
(4) an alcohol-related offense for which the penalty is more than one year; or
(5) being a Peeping Tom as defined in Section 16-17-470. That treatment be mandated for persons convicted.
(C) A juvenile charged with committing a violent offense as defined in Section 16-1-60, or charged with committing grand larceny of a motor vehicle, may be fingerprinted by the law enforcement agency who takes the juvenile into custody if the juvenile is charged with:
(1) a violent crime as defined in Section 16-1-60;
(2) grand larceny of a motor vehicle;
(3) a crime in which an illegal weapon was used;
(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or
(5) an alcohol-related offense for which the penalty is more than one year.
(D) A juvenile charged with committing a nonviolent an offense other than those enumerated in subsection (C) or a status offense must may not be fingerprinted by law enforcement except upon order of a family court judge. The fingerprint records of a juvenile must may be kept separate from the fingerprint records of adults. The fingerprint records of a juvenile must may not be transmitted to the files of the State Law Enforcement Division or to the Federal Bureau of Investigation or otherwise distributed or provided to another law enforcement agency unless the juvenile is adjudicated delinquent for having committed:
(1) a violent offense, as defined in Section 16-1-60,; or
(2) grand larceny of a motor vehicle;
(3) a crime in which an illegal weapon was used;
(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or
(5) an alcohol-related offense for which the penalty is more than one year.
The fingerprint records of a juvenile who is not adjudicated delinquent for having committed (a) a violent offense, as defined in Section 16-1-60, or (b) grand larceny of a motor vehicle a crime enumerated in this subsection upon notification to law enforcement, must be destroyed or otherwise expunged by the law enforcement agency who took the juvenile into custody. The Department of Juvenile Justice may fingerprint and photograph a juvenile upon commitment to a juvenile correctional institution. Fingerprints and photographs taken by the Department of Juvenile Justice remain confidential and must may not be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for the purpose of aiding the department in apprehending an escapee from the department or assisting the Missing Persons Information Center in the location or identification of a missing or runaway child or except as otherwise provided for in this section."
SECTION 33. Section 20-7-1335 of the 1976 Code, as added by Act 108 of 1987, is amended to read:
"Section 20-7-1335. (A) A juvenile not previously adjudicated delinquent for committing an offense which would have been a crime if committed by an adult, who has been taken into custody, or charged with, or adjudicated delinquent for having committed a status offense or a nonviolent criminal offense, not prohibited in subsection (C) from being expunged, may petition the family court for an order destroying all official records relating to his being taken into custody, the charges filed against him, his the adjudication, and the disposition. The granting of the order is discretionary with the court. However, the court may not grant the order unless it finds that the person who is seeking to have his these records destroyed is at least eighteen years of age, has fully and successfully completed any dispositional sentence imposed upon him, and has neither been charged nor is not currently charged with committing any additional criminal offenses.
(B) For purposes of this section, an adjudication is considered a previous adjudication only if it occurred prior to before the date the subsequent offense was committed.
(C) Under no circumstances is a person allowed to expunge from his record an adjudication for having committed:
(1) a violent crime, as that term is defined in Section 16-1-60; (2) a crime in which an illegal weapon was used;
(3) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or
(4) an alcohol-related offense for which the penalty is more than one year unless the person is not more than twenty-five years of age and has not been adjudicated delinquent or convicted of an offense described in this subsection within the preceding six years.
(D) If the order is granted by the court, no evidence of the records may be retained by any a law enforcement agency or by any a municipal, county, or state agency or department. The effect of the order is to restore the person in the contemplation of the law to the status he the person occupied before he was being taken into custody. No person to whom the order has been entered may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving false statement by reason of his the person's failure to recite or acknowledge the charge or adjudication in response to an inquiry made of him the person for any purpose."
SECTION 34. Section 20-7-3300 of the 1976 Code, as last amended by Section 328, Act 181 of 1993, is further amended to read:
"Section 20-7-3300. Records and information of the department pertaining to juveniles are confidential as provided in Section 20-7-780. However, where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the director must establish policies by which the department may transmit information and records to another department, or agency, or school district of state or local government, or to a school district or to a private institution or facility licensed by the State as a child serving organization, where the information is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. If requested, records a juvenile has been adjudicated and committed to the Department of Juvenile Justice for having committed:
(1) a violent crime as defined in Section 16-1-60;
(2) a crime in which an illegal weapon was used;
(3) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or
(4) an alcohol-related offense for which the penalty is more than one year, the record and information provided to a public or private school by the Department of Juvenile Justice must include in the case of an individual who has been adjudicated for having committed a violent crime, as defined in Section 16-1-60, the unlawful use of possession of a weapon, assault and battery of a high and aggravated nature, or the unlawful sale of drugs whether or not it is considered to be drug trafficking, a copy of, and, if requested, information pertaining to that person's juvenile criminal record. A request for The department must provide the information must be in writing from to the principal of the school the juvenile is attending or seeking to attend and must contain the juvenile's name, address, and social security number as contained in the records of the school district. If a juvenile has been adjudicated and committed to the Department of Juvenile Justice for such an offense enumerated in this section, the person's juvenile criminal record must be provided by the Department of Juvenile Justice to the principal of the school which the juvenile is eligible to attend immediately upon the person's release from the Department of Juvenile Justice. Each school district is responsible for developing a policy for schools to follow within the district which ensures that the confidential nature of these records and of the other information received is maintained. This policy must include at a minimum the retention of the juvenile's criminal record, and other information relating to his criminal record, in the juvenile's school disciplinary file, or in some other confidential location, restricting access to the file and to its contents to school personnel as considered necessary and appropriate to meet and adequately address the educational needs of the juvenile and for the destruction of these records upon the juvenile's completion of secondary school, or upon reaching twenty-one years of age."
SECTION 35. All references in this part to a violent crime as defined in Section 16-1-60 of the 1976 Code is the definition existing on this part's effective date or the definition as may be amended after this part's effective date.
SECTION 36. Section 17-22-60 of the 1976 Code, as last amended by Act 499 of 1992, is further amended to read:
"Section 17-22-60. (A) Intervention shall be is appropriate only where:
(1) The offender is seventeen years of age or older;
(2)(1) there is substantial likelihood that justice will be served if the offender is placed in an intervention program;
(3)(2) it is determined that the needs of the offender and the State can better be met outside the traditional criminal justice process;
(4)(3) it is apparent that the offender poses no threat to the community;
(5)(4) it appears that the offender is unlikely to be involved in further criminal activity;
(6)(5) the offender, in those cases where it is required, is likely to respond quickly to rehabilitative treatment;
(7)(6) the offender has no significant history of prior delinquency or criminal activity.;
(8)(7) The offender has not previously been accepted in a pretrial intervention program.
(B) When jurisdiction in a case involving a child sixteen years of age or older is acquired by the circuit court pursuant to Section 14-21-540 of the 1976 Code, the provision of item (1) of subsection (A) of this section shall not be applicable."
SECTION 37. This part takes effect on July 1, 1994, except the following sections in this part take effect July 1, 1995:
(1) Section 5;
(2) Section 11;
(3) Section 13;
(4) Sections 59-66-20, 59-66-30, 59-66-50 and 59-66-60, as added to the 1976 Code by Section 14;
(5) Sections 22, 23, 24, 25, and 26;
(6) Sections 59-66-70(A), (B), (C), (D), (E), (F), (H), (I), and (J)./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Rep. WILKINS proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\JIC\6121DW.94).
Amend the bill, as and if amended, by designating SECTIONS 1 through 40 as Part I.
Amend further, page 26, line 14, by inserting after /parole./ /However, an individual convicted of the crimes listed in this section, as well as those listed in Section 24-21-30 are not eligible for parole for these crimes after June 30, 1995./
Amend further, page 26, line 18, by striking /act/ and inserting /part/.
Amend further, by adding:
SECTION 1. The 1976 Code is amended by adding:
"Section 24-13-100. Notwithstanding another provision of law, no prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including those prisoners serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is eligible for work release until the prisoner has served not less than:
(1) seventy percent of the term of imprisonment imposed if the prisoner committed a 'violent' crime as defined under Section 16-1-60, irrespective of whether the prisoner is considered a violent offender; or
(2) sixty percent of the term of imprisonment imposed if the prisoner is considered 'nonviolent' as defined under Section 16-1-70."
SECTION 2. The 1976 Code is amended by adding:
"Section 24-13-150. Notwithstanding another provision of law, a prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facilities agreement authorized by Section 24-3-20, is not eligible for early release, discharge, or community supervision until the prisoner has served:
(1) eighty percent of the term of imprisonment imposed if the offender committed a 'violent' crime as defined in Section 16-1-60, irrespective of whether the prisoner is considered a violent offender; or
(2) seventy percent of the term of imprisonment imposed if the offender is considered 'nonviolent' as defined in Section 16-1-70.
(3) These percentages must be calculated without the application of earned work credits, education credits, and good time credits."
SECTION 3. The 1976 Code is amended by adding:
"Section 24-13-175. Notwithstanding another provision of law, sentences imposed and time served must be computed based upon a three hundred and sixty-five day year."
SECTION 4. The 1976 Code is amended by adding:
"Section 24-21-560. All prisoners who commit a crime on or after July 1, 1995, must satisfactorily complete a community supervision program operated by the Department of Probation and Community Supervision. This program must last no more than two years at the sole discretion of the department. No civil liability shall attach to the department or any of its employees based on the exercise of this discretion. The court shall determine when a prisoner fails to complete this program or whether a prisoner's community supervision should be revoked. The proceeding must be initiated pursuant to a warrant or a citation issued by a probation agent setting forth the violations of the community supervision program. If the supervision is revoked, the prisoner shall return to prison to serve a one year sentence without any credits and then return to community supervision. All decisions made by the department or the court in dealing with community supervision are final, with no right of appeal. A convict must not be released into the community without having satisfactorily completed a period of community supervision. If the prisoner does not complete the community supervision, he must be returned to prison for one year and then placed back on community supervision until he satisfactorily complete it or his community supervision is revoked. This process will continue until the prisoner has satisfactorily completed community supervision. The prisoner must successfully complete community supervision in order to be released from the criminal justice system. Successful completion of the community supervision program satisfies the prisoner's sentence.
The Department of Corrections shall notify victims pursuant to Section 16-3-1530(c) and the sheriff's office of the place where the prisoner is to be released when he is released to community supervision."
SECTION 5. Title 24 of the 1976 Code is amended by adding:
Section 24-27-10. (A) There is established the South Carolina Criminal Justice Commission composed of twelve voting members as follows:
(1) a justice of the Supreme Court, appointed by the Chief Justice of the Supreme Court;
(2) one Circuit Court judge, appointed by the Chief Justice of the Supreme Court;
(3) an attorney, experienced in the practice of criminal law, appointed by the Governor from a list of candidates submitted by the President of the South Carolina Bar;
(4) the Dean of the Law School of the University of South Carolina, or his designee;
(5) the South Carolina Attorney General, or his designee;
(6) a solicitor appointed by the Chairman of the South Carolina Circuit Solicitor's Association;
(7) the Director of the Victims' Assistance Network, or his designee;
(8) the Chief of the State Law Enforcement Division, or his designee;
(9) the Chairman of the Commission on Appellate Defense, or his designee who must be a member of that commission or who must be the director of the commission;
(10) the Director of the South Carolina Department of Corrections, or his designee;
(11) the Director of the Department of Probation and Community Supervision or his designee;
(12) the President of the South Carolina Jail Administrator's Association, or his designee.
(B) In addition, there are six nonvoting members of the commission as follows:
(1) three members of the Senate designated by the President Pro Tempore of the Senate;
(2) three members of the House of Representatives designated by the Speaker of the House.
(C) The appointed members of the commission shall serve for a term of four years. The members of the commission who are designated to serve by a particular person or official shall serve at the pleasure of that person or official making the designation and only so long as the designated member holds the official position entitling him to membership on the commission. Members are eligible for reappointment, and a vacancy must be filled in the manner of original appointment for the remainder of the unexpired term.
(D) The members of the commission shall elect one member to serve as chairman for a term of one year. The members of the commission also may elect additional officers they consider necessary for the efficient discharge of their duties. Members are eligible for reelection as officers of the commission.
Section 24-27-20. The South Carolina Criminal Justice Commission shall:
(1) serve as a clearinghouse and information center for the collection, preparation, analysis, and dissemination of information on state and local sentencing practices, and conduct ongoing research regarding sentencing guidelines, use of imprisonment and alternatives to imprisonment, plea bargaining, and other matters relating to the improvement of the criminal justice system;
(2) make recommendations to the General Assembly regarding changes in the criminal code, criminal procedures, and other aspects of sentencing;
(3) review and issue its opinion on criminal justice bills that have passed either the Senate or the House;
(4) study current sentence and release practices and correctional resources including, but not limited to, the capacities of local and state correctional facilities. It shall make a yearly report on these matters;
(5) employ a staff director, a professional statistician, and other professional and clerical personnel upon the appropriation of sufficient funds of the General Assembly. The professional statistician and other personnel must be hired by the staff director. The duties of the staff director and the other personnel of the commission must be set by the commission.
Section 24-27-30. The commission shall receive the funding as may be provided by the General Assembly, and the commission is authorized to expend federal funds and grants and gifts it may receive from other sources for the purpose of carrying out its duties and responsibilities.
Section 24-27-40. The commission, by vote of a majority of the membership, has the power to establish general policies."
SECTION 6. Section 16-3-625 of the 1976 Code is amended to read:
"Section 16-3-625. Any A person seventeen years of age or older who resists the lawful efforts of a law enforcement officer to arrest him or her or any other another person with the use or threat of use of any a deadly weapon against the officer, when such and the person is in possession or claims to be in possession of a deadly weapon, shall be deemed is guilty of a felony and, upon conviction, shall must be punished by imprisonment for imprisoned not more than ten nor less than two years. No sentence imposed hereunder for a first offense shall may be suspended to less than six months nor shall the persons so sentenced be eligible for parole until after service of six months. No person sentenced sentence imposed under this section for a second or subsequent offense shall have such sentence may be suspended to less than two years nor shall such person be eligible for parole until after service of two years.
As used in this section 'deadly weapon' shall mean means a shotgun, rifle, pistol, or knife.
This section shall in no manner does not affect or replace the common law crime of assault and battery with intent to kill nor shall does it apply if the sentencing judge, in his discretion, elects to sentence an eligible defendant under the provisions of the 'Youthful Offenders Act'."
SECTION 7. Section 16-3-1260 of the 1976 Code, as last amended by Act 181 of 1989, is further amended to read:
"Section 16-3-1260. (1) Any A payment of benefits to, or on behalf of, a victim or intervenor, or eligible family member under this article shall create creates a debt due and owing to the State by any a person found in as determined by a court of competent jurisdiction of this State, to have who has committed such the criminal act.
(2) The circuit court, when placing on probation any a person who owes a debt to the State as a consequence of a criminal act, may set as a condition of probation the payment of the debt or a portion of the debt to the State. The court also may also set the schedule or amounts of payments subject to modification based on change of circumstances.
(3) The Department of Parole and Community Corrections shall also have the right to make payment of the debt or a portion of the debt to the State a condition of parole.
(4) When a juvenile is adjudicated delinquent in a Family Court proceeding involving a crime upon which a claim under this article can be made, the Family Court, in its discretion, may order that the juvenile pay the debt to the Victim's Compensation Fund State Office of Victim Assistance, as created by this article, as an adult would have to pay had an adult committed the crime. Any assessments so ordered may be made a condition of probation as provided in Section 20-7-1330.
(5)(4) Payments authorized or required under this section must be paid to the Victim's Compensation Fund State Office of Victim Assistance. The Director of the Victim's Compensation Fund State Office of Victim Assistance shall coordinate the development of policies and procedures for the South Carolina Department of Corrections, the South Carolina Office of Court Administration, and the South Carolina Board Department of Parole Probation and Community Corrections Supervision to assure that victim restitution programs are administered in an effective manner to increase payments into the Compensation Fund State Office of Victim Assistance.
(6)(5) Restitution payments to the Victim's Compensation Fund State Office of Victim Assistance may be made by the Department of Corrections from wages accumulated by offenders in its custody who are subject to this article, except that offenders wages shall must not be used for this purpose if such monthly wages are at or below minimums required to purchase basic necessities."
SECTION 8. The first paragraph of Section 16-3-1530(C) of the 1976 Code, as last amended by Act 68 of 1991, is further amended to read:
"Victims and witnesses who wish to receive notification and information shall provide the solicitor, the Department of Corrections, and the Department of Probation, Parole and Pardon Services Community Supervision their current address and telephone number. This information, as it is contained in Department of Corrections and Department of Probation, Parole and Pardon Services Community Supervision files, is privileged and must not be disclosed directly or indirectly, except between these two departments or by order of a court of competent jurisdiction. The solicitor's office which is prosecuting the case has the responsibility of the rights in this subsection, except items (6) and (7) which are the responsibility of the Department of Probation, Parole and Pardon Services Community Supervision and the Department of Corrections."
SECTION 9. Section 16-3-1530(D)(3) of the 1976 Code is amended to read:
"(3) A victim has the right to receive restitution for expenses or property loss incurred as the result of the crime. The judge shall order restitution at every sentencing for a crime against person or property or as a condition of probation or parole, unless the court finds a substantial and compelling reason not to order restitution. The court shall diligently, fairly, and in a timely manner enforce all orders of restitution."
SECTION 10. Section 16-3-1550(B) of the 1976 Code, as last amended by Act 579 of 1988, is further amended to read:
"(B) It is the responsibility of the solicitor's Victim or Witness Assistance Unit in each judicial circuit or a representative designated by the solicitor or law enforcement agency handling the case to advise all victims of their right to submit to the court, orally or in writing at the victim's option, a victim impact statement to be considered by the judge at the sentencing or disposition hearing in general sessions court and at a parole hearing. The solicitor's office or law enforcement agency shall provide a copy of the written form to any victim who wishes to make a written report. In those cases which the solicitor determines that there has been extensive or significant impact on the life of the victim, the Victim or Witness Assistance Unit shall assist the victim in completing the form. The victim shall submit this statement to the solicitor's office within appropriate time limits set by the solicitor to be filed in the court records by the solicitor's office so it may be available to the defense for a reasonable period of time prior to before sentencing. The court shall allow the defendant to have the opportunity to rebut the victim's written statement if the court decides to review any part of the statement before sentencing. If the defendant is incarcerated, the solicitor shall forward a copy of the impact statement and copies of all completed Victim/Witness Notification Requests to the Department of Corrections and to the Parole and Community Corrections Board Department of Probation and Community Supervision. Solicitors shall begin using these victim impact statements no later than January 1, 1985."
SECTION 11. Section 16-11-311 of the 1976 Code is amended to read:
"Section 16-11-311. (A) A person is guilty of burglary in the first degree if the person enters a dwelling without consent and with intent to commit a crime therein in the dwelling, and either:
(1) when, in effecting entry or while in the dwelling or in immediate flight therefrom, he or another participant in the crime:
(a) is armed with a deadly weapon or explosive; or
(b) causes physical injury to any a person who is not a participant in the crime; or
(c) uses or threatens the use of a dangerous instrument; or
(d) displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or
(2) the burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or
(3) the entering or remaining occurs in the nighttime.
(B) Burglary in the first degree is a felony punishable by life imprisonment; provided, that the. The court, in its discretion, may sentence the defendant to a term of not less than fifteen years, provided, that no person convicted of burglary in the first degree shall be eligible for parole except upon service of not less than one-third of the term of the sentence."
SECTION 12. Section 17-25-45 of the 1976 Code is amended to read:
"Section 17-25-45. (1) A.(A) (1) Notwithstanding any other another provision of law, any a person who has three two convictions under the laws of this State, any other another state, or the United States, for a violent crime as defined in Section 16-1-60, irrespective of whether the prisoner is considered a violent offender, except a crime for which a sentence of death has been imposed shall, upon the third conviction in this State for such a violent crime, must be sentenced to life imprisonment without parole. For purposes of this section 'life imprisonment' means until death.
B.(2) For the purpose of this section only, a conviction is considered a second conviction only if the date of the commission of the second crime occurred subsequent to the imposition of the sentence for the first offense. A conviction is considered a third conviction only if the date of the commission of the third crime occurred subsequent to the imposition of the sentence for the second offense. Convictions totaling more than three must be determined in a like manner.
(2)(B) The decision to invoke sentencing under subsection (1)(A) shall be is in the discretion of the solicitor. Notice must be given by the solicitor before trial."
SECTION 13. Section 24-3-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-3-20. (a)(A) Notwithstanding the provisions of Section 24-3-10, any a person convicted of an offense against the State of South Carolina and committed to the State Penitentiary at Columbia shall a state correctional facility must be in the custody of the South Carolina Department of Corrections of the State of South Carolina, and the director shall designate the place of confinement where the sentence shall must be served. Nothing in this section prevents a court from ordering a sentence to run concurrently with a sentence being served in another state or an active federal sentence. The director may designate as a place of confinement any available, suitable, and appropriate institution or facility, including a county jail or prison camp, whether maintained by the State department of Corrections or otherwise. Provided, that if If the facility is not maintained by the department, the consent of the sheriff of the county wherein where the facility is located must first be obtained.
The department shall notify the trial solicitor, sheriff, judge, and victims registered pursuant to Section 16-3-1530(c) before releasing inmates on work release. The department shall have the authority to deny release based upon the opinions received.
(b)(B) When the director determines, after the minimums provided in Section 24-13-100 have been served, that the character and attitude of a prisoner reasonably indicates that he may be so trusted, it he may extend the limits of the place of confinement of the prisoner by authorizing him to work at paid employment or participate in a training program in the community on a voluntary basis while continuing as a prisoner, provided that the director determines that:
(1) such the paid employment will not result in the displacement of employed workers, nor be applied in skills, crafts, or trades in which there is surplus of available gainful labor in the locality, nor impair existing contracts for services; and
(2) the rates of pay and other conditions of employment will not be less than those paid and provided for work of similar nature in the locality in which the work is to be performed.
(c)(C) Notwithstanding the provisions of Section 24-3-10 or any other provisions of law, the department shall make available for use in litter control and removal any or all prison inmates not engaged in programs determined by the department to be more beneficial in terms of rehabilitation and cost effectiveness. Provided, however, that the The department of Corrections shall not make available for litter control those inmates who, in the judgment of the director, pose a significant threat to the community or who are not physically, mentally, or emotionally able to perform work required in litter control. No inmate shall must be assigned to a county prison facility except upon written acceptance of the inmate by the chief county administrative officer or his designee and no prisoner may be assigned to litter control in a county which maintains a facility unless he is assigned to the county prison facility. The department of Corrections shall include in its annual report to the Budget and Control Board an analysis of the job and program assignments of inmates. This plan shall include such programs as litter removal, prison industries, work release, education, and counseling. The department of Corrections shall make every effort to minimize not only inmate idleness but also occupation in marginally productive pursuits. The State Budget and Control Board and the Governor's Office shall comment in writing to the department concerning any necessary alterations in this plan.
(d)(D) The department of Corrections may establish a restitution program for the purpose of allowing persons convicted of nonviolent offenses who are sentenced to the State department of Corrections to reimburse the victim for the value of the property stolen or damages caused by such the offense. In the event that there is no victim involved, the person convicted shall contribute to the administration of the program. The department of Corrections is authorized to promulgate regulations necessary to administer the program.
(e)(E) In the event that a person is sentenced to not more than seven years and for not more than a second offense for the following offenses: larceny, grand larceny, forgery and counterfeiting, embezzlement, stolen property, damage to property, receiving stolen goods, shoplifting, housebreaking, fraud, vandalism, breach of trust with fraudulent intent, and storebreaking, the judge shall establish at the time of sentencing a maximum amount of property loss which may be used by the South Carolina department of Corrections in the administration of the restitution program."
SECTION 14. Section 24-3-35 of the 1976 Code is amended to read:
"Section 24-3-35. The governing body of any a county in this State may allow prisoners under the county's jurisdiction who are housed in a county prison facility and who are serving a sentence of ninety days or less to perform litter removal functions within the county. The governing body of each county by ordinance shall be is authorized to and shall establish guidelines for such litter removal by prisoners, which. The guidelines shall must include a provision for a reduction of the sentence of the prisoners so used not to exceed a one-day reduction of the sentence for each two days of litter removal work performed. No prisoner is eligible for early release or discharge, regardless of credit received for litter removal work, until the minimum sentence requirements provided in Section 24-13-150 are met."
SECTION 15. Section 24-3-210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-3-210. (A) The director may extend the limits of the place of confinement of a prisoner, as to whom where there is reasonable cause to believe he will honor his trust, by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to:
(1) contact prospective employers;
(2) secure a suitable residence for use when released on parole or upon discharge;
(3) obtain medical services not otherwise available;
(4) participate in a training program in the community or any other compelling reason consistent with the public interest;
(5) visit or attend the funeral of a spouse, child (including stepchild, adopted child, or child as to whom the prisoner, though not a natural parent, has acted in the place of a parent), parent (including a person, though not a natural parent, who has acted in the place of a parent), brother, or sister.
(B) The director also may similarly extend the limits of the place of confinement of a terminally ill inmate for an indefinite length of time when there is reasonable cause to believe that such the inmate will honor his trust.
(C) The wilful failure of a prisoner to remain within the extended limits of his confinement or return within the time prescribed to the places of confinement designated by the director shall be deemed is considered an escape from the custody of the director punishable as provided in Section 24-13-410."
SECTION 16. Section 24-3-410(B)(1) of the 1976 Code, as last amended by Act 19 of 1991, is further amended to read:
"(1) articles manufactured or produced by persons on parole or probation;"
SECTION 17. Section 24-13-210 of the 1976 Code, as last amended by Section 437, Act 181 of 1993, is further amended to read:
"Section 24-13-210. (a)(A) Each A prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections including those prisoners a prisoner serving time in a local facility pursuant to a designated facilities agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution wherein where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of twenty days for each month served. However, no prisoner is entitled to a reduction below the minimums provided in Section 24-13-150. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good behavior credit shall be computed.
(b)(B) Each A prisoner convicted of an offense against this State and confined in a local correctional facility, or upon the public works of any county in this State, whose
record of conduct shows that he has faithfully observed all the rules of the institution wherein where he is confined, and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of one day for every two days served. However, no prisoner is entitled to a reduction below the minimums provided in Section 24-13-150. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which good behavior credits must be computed.
(c)(C) If, during the term of imprisonment, a prisoner commits any an offense or violates any one of the rules of the institution, all or any part of his good conduct time may be forfeited at the discretion of the Director of the Department of Corrections, if the prisoner be is confined in facilities of the department, or in the discretion of the local official having charge of prisoners sentenced to terms of imprisonment at the local level. The decision to withhold forfeited good conduct time is solely the responsibility of officials named in this subsection.
(d)(D) Any A person who has served the term for which he has been sentenced, less deductions allowed therefrom for good conduct, is considered upon release to have served the entire term for which he was sentenced."
SECTION 18. Section 24-13-230(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(a) The Director of the Department of Corrections may allow any a prisoner in the custody of the department, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of zero to one day for every two days he is employed or enrolled. However, no inmate serving the sentence of life imprisonment is entitled to credits under this provision. A maximum annual credit for both work credit and class credit is limited to one hundred eighty days. The amount of credit to be earned for each duty classification or enrollment must be determined by the director and published by him in a conspicuous place available to inmates at each correctional institution. No credits earned under this section may be applied in a manner which would prevent full participation in the department's prerelease and community supervision program."
SECTION 19. Section 24-13-1310(1) of the 1976 Code, as last amended by Act 520 of 1992, is further amended to read:
"(1) 'Eligible inmate' means a person committed to the South Carolina Department of Corrections:
(a) who has not reached the age of thirty years at the time of admission to the department;
(b) who is eligible for release on parole in two years or less;
(c) who has not been convicted of a violent crime as defined in Section 16-1-60;
(d)(c) who has not been incarcerated previously in a state correctional facility or has not served a sentence previously in a shock incarceration program;
(e)(d) who physically is able to participate in the program;
(f)(e) whose sentence specifically does not prohibit the offender from participating in the shock incarceration program."
SECTION 20. Section 24-13-1320(B) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(B) For each reception center the commissioner director shall appoint or cause to be appointed a shock incarceration selection committee which must include at least one representative of the Department of Probation, Parole, and Pardon Services Community Supervision and which shall meet on a regularly scheduled basis to review all applications for a program."
SECTION 21. Section 24-13-1330 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-13-1330. (A) An eligible inmate may make an application to the shock incarceration screening committee for permission to participate in a shock incarceration program. If the department has a victim witness notification request for an eligible inmate who has made an application, it shall notify the victim of the application. Upon order by the court, the committee may consider an inmate for participation in the shock incarceration program. (B) The committee shall consider input received from law enforcement agencies, victims, and others in making its decision for approval or disapproval of participation. If the committee determines that an inmate's participation in a program is consistent with the safety of the community, the welfare of the applicant, and the regulations of the department, the committee shall forward the application to the commissioner director or his designee for approval or disapproval.
(C)(B) An applicant may not participate in a program unless he agrees to be bound by all of its terms and conditions and indicates this agreement by signing the following:
'I accept the foregoing program and agree to be bound by its terms and conditions. I understand that my participation in the program is a privilege that may be revoked at the sole discretion of the commissioner director. I understand that I shall complete the entire program successfully to obtain a certificate of earned eligibility upon the completion of the program, and if I do not complete the program successfully, for any reason, I will be transferred to a nonshock incarceration correctional facility to continue service of my sentence.'
(D)(C) An inmate who has completed a shock incarceration program successfully is eligible to receive a certificate of earned eligibility and must be granted parole release released to community supervision for a period of five years, notwithstanding the provisions of Section 24-21-560, and with the requirement to pay restitution, if applicable.
(E)(D) Participation in a shock incarceration program is a privilege. Nothing contained in this article confers upon an inmate the right to participate or continue to participate in a program."
SECTION 22. Section 24-13-1520(1) and (2) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(1) 'Department' means, in the case of a juvenile offender, the Department of Juvenile Justice and, in the case of an adult offender, the Department of Probation, Parole and Pardon Services Community Supervision, the Department of Corrections, and any other law enforcement agency created by law.
(2) 'Court' means a circuit or family court having criminal or juvenile jurisdiction to sentence an individual to incarceration for a violation of law, the Department of Probation, Parole and Pardon Services Community Supervision, Board of Juvenile Parole, and the Department of Corrections."
SECTION 23. Section 24-13-1590(2) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(2) diminishes the lawful authority of the courts of this State, the Department of Juvenile Justice, or the Department of Probation, Parole and Pardon Services Community Supervision to regulate or impose conditions for probation or parole."
SECTION 24. Section 24-19-160 of the 1976 Code is amended to read:
"Section 24-19-160. Nothing in this chapter shall limit limits or affect affects the power of any a court to suspend the imposition or execution of any a sentence and place a youthful offender on probation.
Nothing in this chapter shall may be construed in anywise to amend, repeal, or affect the jurisdiction of the Department of Probation, Parole, and Pardon Services Board Community Supervision. For parole purposes, a sentence pursuant to Section 24-19-50 (c) shall be considered a sentence for six years."
SECTION 25. Section 24-21-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-10. (A) The Department of Probation, Parole and Pardon Services Community Supervision, hereafter referred to as the 'department', is governed by the director of Probation, Parole and Pardon Services the department, hereafter referred to as the 'director'. The director must be appointed by the Governor with the advice and consent of the Senate.
(B) The Board of Probation, Parole and Pardon Services Pardons is composed of seven members. The terms of office of the members are for six years and until their successors are appointed and qualify. Six of the seven members must be appointed from each of the congressional districts and one member must be appointed at-large. Vacancies must be filled by gubernatorial appointment with the advice and consent of the Senate for the unexpired term. If a vacancy occurs during a recess of the Senate, the Governor may fill the vacancy by appointment for the unexpired term pending the consent of the Senate. A chairman must be elected annually by a majority of the membership of the board. The chairman may serve consecutive terms."
SECTION 26. Section 24-21-13 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-13. (A) It is the duty of the director to oversee, manage, and control the department. The director shall develop written policies and procedures for the following:
(1) the supervising of offenders on probation, parole, and other offenders released from incarceration prior to the expiration of their sentence community supervision;
(2) the granting of paroles and pardons and the supervision and removal of offenders on community supervision and other offenders released from incarceration before the expiration of their sentence. Community supervision is a form of clemency which is decided administratively by the Department of Probation and Community Supervision. No inmate or future inmate shall have a 'liberty interest' or an 'expectancy of release' in community supervision. There is no right to appeal the revocation decision;
(3) the operation of community-based correctional programs; and
(4) the operation of public work sentence programs for offenders as provided in item (1) of this subsection. This program also may be utilized as an alternative to technical revocations.; and
(5) the development of additional work release programs.
The director shall establish priority programs for litter control along state and county highways. This must be included in the 'public service work' program.
(B) It is the duty of the board to consider cases for parole, and pardon, and any other form of clemency provided for under law."
SECTION 27. Section 24-21-30 of the 1976 Code is amended to read:
"Section 24-21-30. All persons who commit a crime after June 30, 1995, are not eligible for parole consideration. For crimes committed before July 1, 1995, the board shall hold regular meetings, as may be necessary to carry out its duties, but at least four times each year, and as many extra meetings as the chairman, or the Governor acting through the chairman, may order. The board may preserve order at its meetings and punish any disrespect or contempt committed in its presence. The chairman may direct the members of the board to meet as three-member panels to hear matters relating to paroles and pardons as often as necessary to carry out the board's responsibilities. Membership on such panels shall be periodically rotated on a random basis by the chairman. At the meetings of the panels, any unanimous vote shall be considered the final decision of the board, and the panel may issue an order of parole with the same force and effect of an order issued by the full board pursuant to Section 24-21-650. Any vote that is not unanimous shall not be considered as a decision of the board and the matter shall be referred to the full board which shall decide it based on a vote of a majority of the membership. The board may grant parole to a violent offender by a two-thirds majority vote of the full board. The board may grant parole to an offender who committed a violent crime before June 3, 1986, by a majority vote. The board may grant parole to a nonviolent offender by a unanimous vote of a three-member panel or by a majority vote of the full board."
SECTION 28. Section 24-21-50 of the 1976 Code is amended to read:
"Section 24-21-50. The board shall grant hearings and permit arguments and appearances by counsel or any individual before it at any such hearing while considering any a case for parole, or pardon or any other form of clemency provided for under law."
SECTION 29. Section 24-21-60 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-60. Every Each city, county, or state official or department shall assist and cooperate to further the objectives of this chapter. The board, the director of the department, and the probation agents may seek the cooperation of officials and departments and especially of the sheriffs, jailers, magistrates, police officials, and institutional officers. The director may conduct surveys of the State Penitentiary, county jails, and camps and obtain information to enable the board to pass intelligently upon all applications for parole. The Director of the Department of Corrections and the wardens, jailers, sheriffs, supervisors, or other officers in whose control a prisoner may be committed must aid and assist the director and the probation agents in the surveys."
SECTION 30. Section 24-21-80 of the 1976 Code, as last amended by Section 26, Part II, Act 164 of 1993, is further amended to read:
"Section 24-21-80. Every person granted parole by the board and every An adult placed on probation, parole, or community supervision by a court of competent jurisdiction shall pay a regular supervision fee toward offsetting the cost of his supervision for so long as he remains under supervision. The regular supervision fee must be determined by the Department of Probation and Community Supervision based upon the ability of the person to pay. The fee must be not less than twenty dollars nor more than one hundred dollars per month. The fee is due on the date of sentencing or as soon as determined by the department and each subsequent anniversary for the duration of the supervision period. The department shall remit from the fees collected an amount not to exceed the regular supervision fees collected during fiscal year 1992-93 for credit to the State General Fund. All regular supervision fees collected in excess of the fiscal year 1992-93 amount must be retained by the department, carried forward, and applied to the department's operation. The payment of the fee must be a condition of parole or probation, parole, or community supervision and a delinquency of two months or more in making payments may operate as a revocation of parole or probation rendering the violator liable to serving out any remaining part of his sentence, after determination by the board or the court.
If a probationer is placed under intensive supervision by a court of competent jurisdiction, or if the board department places a parolee under intensive supervision, or if an inmate who is participating in the Supervised Furlough Program is placed community supervision program under intensive supervision, the probationer, parolee, or inmate is required to pay not less than ten dollars nor more than thirty dollars each week for the duration of intensive supervision in lieu of the regular supervision fee. The intensive supervision fee must be determined by the department based upon the ability of the person to pay. Fees derived from persons under intensive supervision must be retained by the department, carried forward, and applied to the department's operation. The department may exempt any individual supervised by the department on any community supervision program from the payment of a part or all of the yearly or weekly fee during any part or all of the supervision period if the department determines that these payments work a severe hardship on the individual. Delinquencies of two months or more in payment of a reduced fee operates in the same manner as delinquencies for the full amount. The department may substitute public service employment for supervision fees when it considers the same to be in the best interest of the State and the individual."
SECTION 31. Section 24-21-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-220. The director shall be is vested with the exclusive management and control of the department and shall be is responsible for the management of the department and for the proper care, treatment, supervision, and management of offenders under its control. The director shall manage and control the department and it shall be is the duty of the director to carry out the policies of the department. The director is responsible for scheduling board meetings, assuring that the proper cases and investigations are prepared for the board, maintaining the board's official records, and performing other administrative duties relating to the board's activities. The director must employ within his office such personnel as may be necessary to carry out his duties and responsibilities including the functions of probation, and parole, and community supervision, community based programs, financial management, research and planning, staff development and training, and internal audit. The director shall make annual written reports to the board, the Governor, and the General Assembly providing statistical and other information pertinent to the department's activities."
SECTION 32. Section 24-21-230 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-230. The director must employ such probation agents as required for service in the State and such clerical assistants as may be necessary. Such The probation and parole agents must take and pass such psychological and qualifying examinations as directed by the director. The director must ensure that each probation agent receives adequate training. Until such the initial employment requirements are met, no person may take the oath of a probation agent nor exercise the authority granted thereto to them."
SECTION 33. Section 24-21-280 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-280. A probation agent must investigate all cases referred to him for investigation by the judges or director and report in writing. He must furnish to each person released on probation, parole, or community supervision under his supervision a written statement of the conditions of probation, parole, or community supervision and must instruct him regarding them. He must keep informed concerning the conduct and condition of each person on probation, or parole, or community supervision under his supervision by visiting, requiring reports, and in other ways, and must report in writing as often as the court or director may require. He must use practicable and suitable methods to aid and encourage persons on probation, or parole, or community supervision to bring about improvement in their conduct and condition. A probation agent must keep detailed records of his work, make reports in writing, and perform other duties as the director may require. A probation agent must have, in the execution of his duties, the power to issue an arrest warrant or a citation charging a violation of conditions of supervision, the powers of arrest, and to the extent necessary the same right to execute process given by law to sheriffs. In the performance of his duties of probation, and parole, and community supervision, and investigation and supervision, he is regarded as the official representative of the court, and the department, and the board."
SECTION 34. Section 24-21-300 of the 1976 Code is amended to read:
"Section 24-21-300. At any time during a period of supervision, a probation and parole agent, instead of issuing a warrant, may issue a written citation and affidavit setting forth that the probationer, parolee, or community supervision releasee, or any a person released or furloughed under the Prison Overcrowding Powers Offender Management Systems Act in the agent's judgment violates the conditions of his release or suspended sentence. The citation must be directed to the probationer, parolee, the community supervision releasee, or the person released or furloughed, and must require him to appear at a specified time, date, and court or other place, and must state the charges. The citation must set forth the probationer's, parolee's, or released or furloughed person's rights and contain a statement that a hearing will be held in his absence if he fails to appear and that he may be imprisoned as a result of his absence. The citation may be served by a law enforcement officer upon the request of a probation and parole agent. The issuance of a citation or warrant during the period of supervision gives jurisdiction to the court and the board at any hearing on the violation."
SECTION 35. Section 24-21-910 of the 1976 Code is amended to read:
"Section 24-21-910. The Probation, Parole, and Pardon Services Board of Pardons shall consider all petitions for reprieves or the commutation of a sentence of death to life imprisonment which may be referred to it by the Governor and shall make its recommendations to the Governor regarding such the petitions. The Governor may or may not adopt such the recommendations but in case he does not he shall submit his reasons for not doing so to the General Assembly. The Governor may act on any such petition without reference to the board."
SECTION 36. Section 24-21-950 of the 1976 Code is amended to read:
"Section 24-21-950. (A) The following guidelines shall must be utilized by the board when determining when an individual is eligible for pardon consideration.
A.(1) Probationers shall must be considered upon the request of the individual anytime after discharge from supervision.
B. Persons discharged from a sentence without benefit of parole shall be considered upon the request of the individual anytime after the date of discharge.
C. Parolees shall be considered for a pardon upon the request of the individual anytime after the successful completion of five years under supervision. Parolees successfully completing the maximum parole period, if less than five years, shall be considered for pardon upon the request of the individual anytime after the date of discharge.
D. An inmate shall be considered for pardon prior to parole eligibility date only when he can produce evidence comprising the most extraordinary circumstances.
E.(2) The victim of a crime or any a member of a convicted person's family living within this State may petition for a pardon for any a person who is no longer an inmate or a probationer.
(B) Persons discharged from a sentence without benefit of supervision must be considered upon the request of the individual anytime after the date of discharge."
SECTION 37. Section 24-23-20 of the 1976 Code is amended to read:
"Section 24-23-20. The case classification plan shall must provide for case classification system consisting of the following:
(a)(1) supervisory control requirements which include, but are not limited to, restrictions on the probationer/parolee's movement in the community, living arrangements, social associations, and reporting requirements;
(b)(2) rehabilitation needs of probationer/parolee including, but not limited to, employment, education, training, alcohol and drug treatment, counseling and guidance with regard to alcohol and drug abuse, psychological or emotional problems, or handicaps;
(c)(3) categorization of the offender as to the extent and type of staff time needed, possible assignment to specialized caseload or treatment programs, and specifics as to the degree of perceived risk posed by the probationer/parolee;
(d)(4) identification of strategies and resources to meet the identified needs, and specific objectives for the probationer/parolee to strive to meet such as obtaining employment, participating in a counseling program, and securing better living arrangements;
(e)(5) periodic and systematic review of cases to assess the adequacy of supervisory controls, participation in rehabilitation programs, and need for recategorization based upon the behavior and progress of the probationer/parolee; and
(f)(6) regular statewide monitoring and evaluation of the case classification by appropriate supervisory, classification, and program development/ and evaluation staff in the central administrative office."
SECTION 38. Section 24-23-30 of the 1976 Code is amended to read:
"Section 24-23-30. The community corrections plan shall must include, but is not be limited to, describing the following community-based program needs:
(a)(1) an intensive supervision program for probationers and parolees supervised prisoners who require more than average supervision;
(b)(2) a supervised inmate furlough or community supervision program whereby inmates under the jurisdiction of the Department of Corrections can be administratively transferred to the supervision of state probation and parole community supervision agents for the purposes of pre-release preparation, securing employment and living arrangements, or obtaining rehabilitation services;
(c)(3) a contract rehabilitation services program whereby private and public agencies, such as the Department of Vocational Rehabilitation and the Department of Mental Health and the various county commissions on alcohol and drug abuse, provide diagnostic and rehabilitative services to offenders who are under the board's jurisdiction;
(d)(4) community-based residential programs whereby public and private agencies as well as the board establish and operate halfway houses for those offenders who cannot perform satisfactorily on probation or parole community supervision;
(e)(5) expanded use of presentence investigations and their role and potential for increasing the use of community-based programs, restitution, and victim assistance; and
(f)(6) identification of programs for youthful and first offenders."
SECTION 39. Section 24-23-40 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-23-40. The community corrections plan shall provide for the department's:
(a)(1) The department's development, implementation, monitoring, and evaluation of statewide policies, procedures, and agreements with state agencies, such as the Departments Department of Vocational Rehabilitation, the Department of Mental Health, and the Department of Alcohol and Other Drug Abuse Services, for purposes of coordination and referral of probationers, and parolees, and community supervision releasees for rehabilitation services.
(b)(2) The department's development of specific guidelines for the vigorous monitoring of restitution orders and fines to increase the efficiency of collection and development of a systematic reporting system so as to notify the judiciary of restitution and fine payment failures on a regular basis.
(c)(3) The department's development of a program development and evaluation capability so that the department can monitor and evaluate the effectiveness of the above programs as well as to conduct research and special studies on such issues as parole outcomes, revocations and recidivism.
(d)(4) The department's development of adequate training and staff development for its employees."
SECTION 40. The second paragraph of Section 24-23-115 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"The Department of Probation, Parole and Pardon Services Community Supervision shall establish by regulation pursuant to the Administrative Procedures Act a definition of the term 'public service work', and a mechanism for supervision of persons performing public service work."
SECTION 41. Section 24-23-130 of the 1976 Code, as last amended by Act 134 of 1991, is further amended to read:
"Section 24-23-130. Upon the satisfactory fulfillment of the conditions of probation or community supervision for a period of two years, the court may, with the recommendation of the agent in charge of the responsible county probation office, may terminate the probationer or supervised prisoner from supervision."
SECTION 42. Section 24-23-210(B) of the 1976 Code, as last amended by Section 41A, Part II, Act 171 of 1991, is further amended to read:
"(B) When a person is convicted, pleads guilty or nolo contendere, and is sentenced to payment of a fine or when a person forfeits bond to an offense within the jurisdiction of the court of general sessions, there is imposed an assessment, in addition to any other cost or fine imposed by law, in the sum of thirty dollars.
If an offender is sentenced to probation or imprisonment and probation without the imposition of a fine, the assessment must be collected by the clerk of court as a condition of probation. If a defendant is sentenced to imprisonment and is later released to the supervision of the Department of Probation, Parole, and Pardon Services Community Supervision and has not otherwise paid the assessment, the assessment must be collected as a condition of supervision, regardless of the type of original sentence imposed.
In any court, when When sentencing a person convicted of an offense which has proximately caused physical injury or death to the victim, the court may order the defendant to pay a restitution charge commensurate with the offense committed, not to exceed ten thousand dollars, to the Victim's Compensation Fund State Office of Victim Assistance. Any A circuit court judge may waive or suspend the imposition of all or part of the assessment made under this subsection upon finding that the assessment would place severe financial hardship upon the offender or his family."
SECTION 43. The second paragraph of Section 24-23-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Assessments imposed as a condition of supervision upon release from prison as specified in Section 24-23-210 must be collected by the supervising agent who shall transmit those funds to the Department of Probation, Parole and Pardon Services Community Supervision where it must be deposited in to the State treasury Treasurer. The county treasurer, after duly noting and recording the receipt of the payments, shall transfer those funds to the State Treasurer who shall deposit them in the state's general fund. Assessments collected by municipal courts must be paid monthly to the municipal financial officer who, after duly noting and recording the receipt of the payments, shall transfer those funds to the State Treasurer as provided in this section. From these funds, an amount equal to one-half of the amount deposited in fiscal year 1986-87 must be appropriated to the department for the purpose of developing and operating community corrections programs. The remainder of the funds must be deposited in the Victim's Compensation Fund. The director shall monitor the collection and reporting of these assessments imposed as a condition of supervision and assure that they are transferred properly to the State Treasurer."
SECTION 44. Article 7 of Chapter 21 of Title 24, Sections 24-1-200, 24-3-40, 24-3-50, 24-13-60, 24-13-270, 24-13-710, and 24-13-720 of the 1976 Code are repealed.
SECTION 45. The Code Commissioner is directed to change all references in the Code of Laws of South Carolina, 1976, to the "Board of Probation, Parole and Pardon Services" and the "Probation, Parole and Pardon Board" or to the "Department of Probation, Parole and Pardon Services" and the "Department of Probation, Pardon and Parole" to the "Board of Pardons" and the "Department of Probation and Community Supervision" respectively.
SECTION 46. Upon approval by the Governor, this part takes effect July 1, 1995, and applies to all crimes committed on or after that date./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WILKINS explained the amendment.
Rep. WHIPPER raised the Point of Order that Amendment No. 6 was out of order as it was not germane.
Rep. WILKINS argued contra the Point in stating that the Bill as amended by the Senate applied truth in sentencing and no parole provisions to certain criminal offenses and the amendment simply took that and applied truth in sentencing and no parole provisions to additional criminal offenses.
The SPEAKER inquired which part of the Bill did that.
Rep. WILKINS stated Section 4 was the part of the Bill dealing with that.
The SPEAKER inquired if the amendment related in anyway to either of the first two amendments adopted.
Rep. WILKINS stated that one of the amendments adopted dealt with the commission for promulgation of guidelines and sentencing policies and his amendment also had sentencing policies relating it to the other amendment.
The SPEAKER stated that in order for him to make a definitive ruling on the Point of Order that he would have to read the amendment and compare it to the Bill and he deferred the Ruling on the Point of Order and consideration of Amendment No. 6 until he could read the information.
Rep. McTEER moved to adjourn debate upon the Senate amendments.
Rep. HODGES moved to table the motion, which was agreed to by a division vote of 43 to 9.
Rep. PHILLIPS proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\GJK\20967SD.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered PART and SECTIONS therein to read:
SECTION ____ This Part is known and may be cited as the "Schoolhouse Safety Alliance Act of 1994".
SECTION ____ (A) The General Assembly finds that a comprehensive approach is needed to attack the problems of juvenile crime and schoolhouse safety. This attack should be focused in three areas: collaboration to prevent school violence, parental responsibility, and judicial response. Recent legislation and procedures have established the precedent for addressing issues systemically. Solutions at the front end of problems rather than reactions after the fact have the best chance of making long-term differences. Pro-active prevention approaches, clear definition of the roles and responsibilities of schools and other local community agencies, parents who take responsibility for their child's action, and stiffer judicial laws and penalties are combined as recommended policy of this State.
(B) The centerpiece proposal in the judicial response area referred to in subsection (A) involves the establishment of a 'boot camp' approach for confined juveniles as an intermediate sanction for nonviolent offenders. This is designed to provide a short-term intensive intervention program for nonviolent juvenile offenders in a disciplined and controlled setting. The objectives of the boot camp program are to:
(1) protect the public;
(2) provide an intense correctional experience in a strict disciplined and controlled setting emphasizing an environment of work, physical training, and personal development programs to begin a process of change in juveniles attitudes and behaviors;
(3) provide effective post-release community supervision, reinforcing lifestyle changes, and redirecting the juveniles to law abiding, productive lives;
(4) provide restitution to the citizens of this State by means of community service work performed by the juveniles;
(5) build on previous success by incorporating the successful elements of existing programs such as community service, community supervision, and other positive alternatives;
(6) provide flexibility to adapt to the changing characteristics of juvenile offenders; and
(7) provide cost effectiveness through usage of community-based juvenile offender facilities that are less costly than traditional correctional facilities and by serving more juvenile offenders each year because of the shorter period of confinement.
SECTION ____. Title 59 of the 1976 Code is amended by adding:
Section 59-143-100. A statewide Schoolhouse Safety Resource Center at the State Department of Education is established in the manner the General Assembly shall provide in the annual general appropriations act. The center's mission, in cooperation with the Southern Region Violence and Substance Abuse Center, is to provide technical assistance and training to all schools regarding violence prevention and intervention, strategies for collaboration with appropriate agencies, crisis management planning, and preparation for using the judicial system. The center also shall disseminate information on the best practices in dealing with school crime. The State Department of Education, with the approval of the board of trustees of the applicable schools, shall establish regional networks of model schools to serve as facilitators for assisting other schools with comprehensive planning and training to prevent school violence after the conclusion of the three-year pilot project provided for in this chapter.
Section 59-143-110. The State Department of Education through the Schoolhouse Safety Resource Center, in cooperation with the Southern Region Violence and Substance Abuse Center, shall establish by December 1, 1994, an evaluation procedure which includes the collection of data before the implementation of the programs provided for in Sections 59-143-130 and 59-143-140 so that the effects of the programs can be determined. The Schoolhouse Safety Resource Center shall work with the School Violence Prevention Advisory Committee provided for in Section 59-143-130 in determining the data collection procedure and the components of the external evaluation. The department shall conduct an external evaluation, to be completed by December 1, 1996, with an interim report of findings by June 1, 1995, consisting of identifying:
(1) the best practices for addressing the problems associated with student violence together with documented evidence of best practices as contained in appropriate literature and research;
(2) the best practices for addressing student violence in traditional school programs in this State including alternatives to suspension and expulsion; and
(3) effective initiatives in prevention and intervention including truancy prevention and a review of the Education Improvement Act attendance requirements.
Section 59-143-120. Based on the findings of the evaluation provided for in Section 59-143-110, the State Department of Education, through the Schoolhouse Safety Resource Center shall provide statewide school administrator training in the best practices for addressing student violence. The State Department of Education shall develop or select professional programs for faculty and designated staff of all schools to be trained in appropriate techniques, practices, and behavior to prevent student violence. Nonviolent problem solving curricula must be used in the professional development of the faculty and staff within a school to be applied in areas including, but not limited to:
(1) more effective adult interactions with students;
(2) adult modeling of nonviolent behaviors when problems erupt;
(3) expansion of wellness components in the comprehensive health curriculum promoting nonviolent living skills (as they apply to other appropriate school violence prevention) approaches; and
(4) differentiation between acceptable student behavior and unacceptable behavior (as it applies to the determination of students entering case management.)
In implementing the provisions of this section, equal emphasis shall be placed in elementary, middle, and high schools.
Section 59-143-130. The State Department of Education, in cooperation with the Southern Region Violence and Substance Abuse Center, with the consent of the board of trustees of the applicable school districts, shall pilot different approaches to avoiding student violence by identifying cluster schools in urban and rural settings in high crime areas to serve as model projects for the prevention of school violence. Each cluster school must implement a specialized method of intervention or prevention in an intense three-year pilot project. An external evaluation of the process shall be conducted at the end of the third year of each pilot program by the State Department of Education through the Schoolhouse Safety Resource Center. A School Violence Prevention Advisory Committee consisting of service agency provider representatives including, but not limited to, representatives from the Department of Mental Health, the Department of Mental Retardation, the Department of Juvenile Justice, the Department of Health and Human Services, the Department of Social Services, the family court system, the Department of Health and Environmental Control, the Southern Region Violence and Substance Abuse Center, the State Department of Education, and local law enforcement officials, shall be convened by the State Law Enforcement Division. The committee, in conjunction with local schools boards of trustees, shall select the cluster schools to serve as pilot sites and shall work with each site to identify the approach to be implemented. The committee also shall assist in providing training and technical assistance to the cluster schools and shall monitor the progress of the programs on a regular basis during the three-year pilot period. Innovative techniques piloted may include peer mediation programs, school-within-a-school, intense volunteer mentoring, family focus groups, and other approaches that provide school outreach into neighborhoods. Peer mediators must have parental permission to participate in the peer mediation program. These pilot projects shall strive to make communities mirrors of safe schools rather than schools mirroring the violence in society.
Section 59-143-140. Each school district of this State shall institute in every school case management teams. The teams should consist of teachers, school administrators, parents, counselors, and representatives of health and social service agencies to work as units on behalf of students displaying signs of recurrent aggressive and violent behavior. The State Board of Education shall promulgate regulations to establish the criteria for these teams. Disciplinary records of students with recurrent aggressive and violent behaviors must be kept with clear anecdotal evidence of these behaviors and must show steps schools have taken to address these behaviors. The records must follow the student through school just as academic histories are maintained. In implementing the provisions of this section, equal emphasis shall be placed in elementary, middle, and high schools.
Section 59-143-150. Based on format recommendations from the School Violence Prevention Advisory Committee as established in Section 59-143-130, a cooperating team consisting of representatives of all local health and human service agencies in a county, including representatives from all school districts located within the county, shall be convened by the sheriff's office in each county to coordinate services designed to prevent school violence. In addition, the cooperating team shall develop a service coordination matrix. The service coordination matrix must outline services provided by agencies in response to risk factors identified by the committee. The sheriff's office in each county will submit a copy of the service coordination matrix, once completed, to the School Violence Prevention Advisory Committee.
Section 59-143-160. In conjunction with the Department of Corrections, the Department of Juvenile Justice, and the Southern Region Violence and Substance Abuse Center, the State Department of Education shall develop conflict resolution strategies to be taught to juveniles and young adults sentenced as youthful offenders in correctional facilities. These conflict resolution strategies also shall be offered as training programs to other public and private organizations for their use.
Section 59-143-300. Each school district shall establish a procedure for the schools in the district to convene a case management team to assist children identified as in need of guidance or counseling to prevent violent behavior. Parents of children identified as candidates for case management shall be required to participate in case management meetings and in seeking services recommended by the case management team. If a parent or guardian fails to comply with the request from a school to participate in the case management meetings or in seeking services, the school principal or his designee may apply to the family court for a summons ordering the parent or guardian to appear before the family court to explain the reason for such failure. The summons shall be issued upon request in the same manner that jury summons are issued. Failure to comply with the summons is punishable by contempt. Employers must grant leave to parents for participation in these meetings.
Section 59-143-310. The State Board of Education shall promulgate regulations requiring the parenting, family literacy, and parental involvement programs mandated by the Early Childhood Development and Academic Assistance Act to include instruction in nonviolent living skills.
Section 59-143-500. In conjunction with the State Department of Education and the South Carolina Bar, the judicial department shall develop and annually offer continuing legal education seminars to attorneys licensed to practice in this State in issues of youth violence. The General Assembly expresses its desire that the Supreme Court in mandating annual continuing legal education requirements require attorneys practicing in the field of family law to complete at least one hour annually in courses relating to youth violence.
Section 59-143-510. School officials must report to appropriate law enforcement agencies any Level III criminal behavior by a student as defined by regulations of the State Department of Education."
SECTION ____. (A) Section 20-7-3210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 20-7-3210. The department shall provide such community services as the director shall assign to it which shall include, but not be limited to, the following:
(a) Family Court intake screening and referral counseling;
(b) serving, advising and counseling children placed on probation by the Family Court;
(c) serving, advising and counseling of children in the various institutions as may be necessary to the placement of the children in proper environment after release and the placement of children in suitable jobs where necessary and proper;
(d) supervising and guiding of children released or conditionally released from institutions;
(e) counseling children released or conditionally released by the parole board;
(f) coordinating the activities of supporting community agencies which aid in the social adjustment of children released by the parole board;
(g) providing or arranging for necessary services leading to the rehabilitation of delinquents either within the department or through cooperative arrangements with other appropriate agencies;
(h) providing counseling and supervision for any child under twelve years of age who has been adjudicated delinquent, convicted of a crime or has entered a plea of guilty or nolo contendere, when other suitable personnel is not available and upon request of the court concerned;
(i) providing detention screening services when a child is taken into custody for violation of a law or ordinance as provided in subsections (a) and (b) of Section 20-7-600;
(j) providing prevention services to include short and long range planning, establishing statewide priorities and standards, development of public awareness programs, and technical assistance to local government in the development of prevention programs;
(k) providing for the development of secure and nonsecure alternatives to jail;
(l) providing for a variety of community-based programs to augment regular probation services, such as volunteer services, restitution, community work programs, family counseling and contract probation with specific sanctions for various types of behavior;
(m) providing for a variety of community-based programs to serve as alternatives to institutions, such as halfway houses, work release, intensive probation, restitution, forestry and wilderness camps, residential boot camp programs which include an intensive supervision aftercare component, marine science programs, and other residential and nonresidential programs;
(n) providing for programs to divert juveniles, where proper and appropriate, from the juvenile justice system."
(B) The 1976 Code is amended by adding:
"Section 20-7-3215. (A) The Department of Juvenile Justice shall establish a self-contained residential boot camp program for juveniles adjudicated delinquent and committed to the department. The boot camp program shall provide to the juveniles a highly structured and disciplined setting, a program of physical activity, work, and drill which emphasizes rehabilitation, education, self-sufficiency, and personal development of the juveniles and positive active intervention and interaction between the staff and juveniles.
(B) Juveniles adjudicated delinquent for nonviolent criminal acts which occur in or around school property shall be given priority consideration for transfer into the department's boot camp program. Juveniles adjudicated delinquent for violating Section 16-23-430 who are otherwise eligible to be transferred into this program shall be committed to the Department of Juvenile Justice and shall serve sixty days in the department's boot camp program. In addition, to be eligible to be transferred to the boot camp program, juveniles committed to the Department of Juvenile Justice must:
(1) be between the ages of twelve and seventeen years at the time of commitment;
(2) have been adjudicated for a nonviolent crime or burglary in the first or second degree;
(3) have a minimum parole guideline of twelve months or less;
(4) not have been transferred on a previous commitment to the boot camp program or a similar program;
(5) be physically and mentally able to participate in the program; and
(6) not have been specifically excluded from participating in the boot camp program by the family court at the time of commitment.
(C) A juvenile may be transferred to the Department of Juvenile Justice's Boot Camp Program either at the time of commitment or at any time prior to the juvenile reaching his minimum parole guidelines.
(D) The Director of the Department of Juvenile Justice shall transfer juveniles to this program based upon the recommendation of a Boot Camp Screening Committee which shall utilize a risk classification instrument in making its recommendations to the director. Juveniles who successfully complete this sixty-day program must be granted a conditional release from their commitment to the Department of Juvenile Justice. Juveniles who fail to successfully complete this program shall be transferred, consistent with due process, to a secure correctional facility operated by the department.
(E) Upon successful completion of this program and release of the juvenile by the Board of Juvenile Parole the juvenile shall be placed under intensive supervision in the juvenile's home community for up to three months and thereafter placed on regular parole supervision. Intensive supervision requires between four to seven contacts a week with the juvenile by the Department of Juvenile Justice.
(F) Transfer to the Boot Camp Program is a privilege and shall be on a space available basis. A juvenile has no right to participate in such a program or to continue to participate in such a program if his behavior is inappropriate."
(C) The 1976 Code is amended by adding:
"Section 20-7-1351. In addition to the jurisdiction of the family court as provided in Article 5 of this chapter, the family court has jurisdiction to order parents of children identified as in need of services or counseling to prevent violent behavior to appear before it, and upon finding that the child's behavior can be changed, the court may order an assessment of the family or family participation in treatment or services to improve the behavior. Parent may be held in contempt of court for failure to comply with the provisions of this section. Parents may be ordered by the family court to participate in family counseling or in other programs or services. The court may hold a parent in contempt and fine or otherwise sanction a parent for failure to comply. However, a contempt citation applied against an individual family member shall be applied only as a last resort, can only be applied if based upon noncompliance or noncooperation with the treatment, rehabilitative, or supervision services required by the court and then only until compliance with these requirements is obtained. Parents also may be referred to the Department of Juvenile Justice, the Department of Mental Health, the Continuum of Care for Emotionally Disturbed Children, the Department of Social Services, or to any recognized volunteer organization as appropriate, for family assessment, counseling, and service."
(D) The 1976 Code is amended by adding:
"Section 20-7-1352. The requirement of acceptable school attendance and appropriate behavior must be an integral part of all probation orders."
(E) The 1976 Code is amended by adding:
"Section 20-7-1353. Probation and parole counselors are required to assist in the re-enrollment of all their clients who are children in the public schools upon the children's release from confinement facilities, and to bring all instances of a school's refusal to reenroll or enroll a child to the attention of the State Department of Education and the appropriate local advocacy group for children."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. PHILLIPS explained the amendment.
The amendment was then adopted.
Rep. HODGES proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\BBM\9322JM.94), which was adopted.
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS to read:
/SECTION ____ Section 24-9-20 of the 1976 Code, as last amended by Section 434, Act 181 of 1993, is further amended to read:
"Section 24-9-20. The division shall be responsible for inspecting, in conjunction with a representative of the State Fire Marshal, at least annually every facility in this State housing prisoners or pretrial detainees operated by or for a state agency, county, municipality, or any other political subdivision, and such inspection inspections shall include all phases of operation, and fire safety, and health and sanitation conditions at of the respective facilities. Food service operations of the facilities must be inspected at least annually by an employee of the Department of Health and Environmental Control. The inspection inspections of local confinement facilities shall be based on standards established by the South Carolina Association of Counties and adopted by the Department of Corrections, and appropriate fire and health codes and regulations. The division, and the inspecting fire marshal, and the food service inspector of the Department of Health and Environmental Control shall each prepare a written report on the conditions of the inspected facility. Copies of the reports shall be filed with the governing body of the political subdivision having jurisdiction of the facility inspected, the governing body of each political subdivision involved in a multi-jurisdictional facility, the State Fire Marshal with respect to the fire safety inspection, the Department of Health and Environmental Control with respect to the food service inspection, the governing body of the county, and the county legislative delegation in which such facility is located. All reports shall be filed through the Director of the Department of Corrections."
SECTION 6. Section 24-9-30 of the 1976 Code, as last amended by Section 435, Act 181 of 1993, is further amended to read:
"Section 24-9-30. (a) If an inspection under this chapter discloses that a local confinement facility does not meet the minimum standards established by the South Carolina Association of Counties and adopted by the Department of Corrections, and the appropriate fire and health codes and regulations, the Director of the South Carolina Department of Corrections shall notify the governing body of the governmental unit political subdivision responsible for the local confinement facility. A copy of the written report reports of the inspection inspections required by this chapter shall also be sent to the resident or presiding judge of the judicial circuit in which the facility is located. The governing body shall promptly meet to consider the inspection report reports, and the inspection personnel shall appear, if requested, to advise and consult concerning appropriate corrective action. The governing body shall initiate appropriate corrective action within ninety days or may voluntarily close the local confinement facility or objectionable portion thereof.
(b) If the governing body fails to initiate corrective action within ninety days after receipt of the report reports of inspection the inspections, or fails to correct the disclosed conditions, the Director of the South Carolina Department of Corrections may order that the local confinement facility, or objectionable portion thereof, be closed at such time as the order may designate. However, if the director determines that the public interest is served by permitting the facility to remain open, he may stipulate actions to avoid or delay closing the facility. The governing body and the resident or presiding judge of the judicial circuit shall be notified by registered mail of the director's order closing a local confinement facility.
(c) The governing body shall have the right to appeal the director's order to the resident or presiding judge of the circuit in which the facility is located. Notice of the intention to appeal shall be given by registered mail to the Director of the South Carolina Department of Corrections and to the resident or presiding judge within fifteen days after receipt of the director's order. The right of appeal shall be deemed waived if notice is not given as herein provided.
(d) The appeal shall be heard before the resident or presiding judge of the circuit who shall give reasonable notice of the date, time, and place of the hearing to the Director of the South Carolina Department of Corrections and the governing body concerned. The hearing shall be conducted without a jury in accordance with the rules and procedures of the Circuit Court. The Department of Corrections, the governing body concerned, and other responsible local officials, and fire and health inspection personnel shall have a right to be present at the hearing and present evidence which the court deems appropriate to determine whether the local confinement facility met the required minimum standards and appropriate fire and health codes and regulations on the date of the last inspection. The court may affirm, reverse, or modify the director's order."/
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Rep. CLYBORNE moved that the House recede until 1:30 P.M., which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of amendments.
At 1:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following was received.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Bryan, Passailaigue and Hayes of the Committee of Conference on the part of the Senate on S. 1040:
S. 1040 -- Senator Bryan: A BILL TO AMEND SECTION 2-15-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY.
Very respectfully,
President
Received as Information
The following was received.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 891:
S. 891 -- Senators Short, Greg Smith, Washington and Mescher: A BILL TO AMEND ARTICLE 1, CHAPTER 5, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION 43-5-24, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE THE DEPARTMENT OF SOCIAL SERVICES INFORMATION ON METHODS OF CONTRACEPTION AND FAMILY PLANNING TO BE DISSEMINATED TO INDIVIDUALS SEEKING ASSISTANCE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has reconsidered nonconcurrence in the amendments proposed by the House to S. 506:
S. 506 -- Senators Rose and Leventis: A BILL TO REPEAL SECTION 22-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARREST FOR CRIMES COMMITTED IN MAGISTRATE'S PRESENCE.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 506:
S. 506 -- Senators Rose and Leventis: A BILL TO REPEAL SECTION 22-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARREST FOR CRIMES COMMITTED IN MAGISTRATE'S PRESENCE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The CONFERENCE COMMITTEE, to whom was referred:
S. 1196 -- Senators Rankin and Elliott: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking after all enacting words and inserting in lieu thereof the following:
/SECTION 1. Title 31 of the 1976 Code is amended by adding:
Section 31-12-10. Short title.
This chapter may be cited as the "Military Facilities Redevelopment Law".
Section 31-12-20. The General Assembly finds that:
(1) As a result of the closure and realignment of military installations in the United States, federal property located in the State has and will become available for the State's use. It is in the best interests of the citizens of this State for the State, municipalities, and counties to work in concert and oversee and dispose of federal military facilities and other excess federal property, in an orderly and cooperative manner. It is the intent of this chapter that redevelopment authorities may be appointed to deal with military facilities that have been scheduled for closure by the United States Congress and to consult with the federal government pursuant to federal law relating to defense base closure and realignment. If any other incidental excess federal property is included with a scheduled closing, that property may also be dealt with by the authorities.
(2) The redevelopment of these facilities may often require substantial periods of time and substantial investment in redevelopment of the properties, including public infrastructure on the properties themselves and in the communities immediately surrounding the properties in order to re-integrate the former military facilities into the surrounding communities, and all reasonable means should be provided to assist the redevelopment authorities created pursuant to this chapter to fund improvements for redevelopment, including, in the case of properties located within incorporated municipalities, tax increment financing as authorized by Section 14 of Article X of the Constitution of South Carolina.
Section 31-12-30. As used in this chapter, unless the context clearly indicates otherwise:
(1) 'Area of Operation' means the area within the territorial boundaries of the counties entitled to representation on an authority which consist of both the real property to be disposed of by an authority as well as any other properties disposed of directly by the federal government to public or private persons or entities, other than disposal to the federal government for other military uses, in connection with military installation closure and realignment, together with such areas of the surrounding community as may need planning for infrastructure improvements to support the redevelopment project area.
(2) 'Authority' means a redevelopment authority created pursuant to Section 31-12-40.
(3) 'Municipality' means an incorporated municipality of this State.
(4) 'Obligations' means bonds, notes, or other evidence of indebtedness issued by the municipality to carry out a redevelopment project or to refund outstanding obligations.
(5) 'Redevelopment plan' means the comprehensive program of the authority for redevelopment intended by the payment of redevelopment costs to redevelop properties scheduled for disposal which may tend to return properties to the tax rolls, replace lost jobs, and integrate the properties back into the community, thereby enhancing the tax bases of the taxing districts which extend into the project redevelopment area and the economic health of the community in which it lies. Each redevelopment plan shall set forth in writing the program to be undertaken to accomplish the objectives and shall include, but not be limited to, estimated redevelopment project costs, possible sources of funds to pay costs, the most recent equalized assessed valuation of the project area as of the time of creation of a tax increment finance district pursuant to Section 31-12-200, an estimate as to the equalized assessed valuation after redevelopment, and the general land uses to apply in the redevelopment project area.
(6) 'Redevelopment project' means any buildings, improvements, including street improvements, water, sewer and storm drainage facilities, parking facilities, and recreational facilities. Any project or undertaking authorized under Section 6-21-50 may also qualify as a redevelopment project under this chapter. All such projects may be owned by the authority, the municipality, the county, or any other appropriate public body. This term shall include portions of the redevelopment project located outside the redevelopment project area so long as they provide needed infrastructure support for the redevelopment project area.
(7) 'Redevelopment project area' means an area within the incorporated area of a municipality and designated pursuant to Section 31-12-200, which is not less in the aggregate than one and one-half acres. It shall include both the real property to be disposed of by an authority as well as any other properties disposed of directly by the federal government to public or private persons or entities, other than disposal to the federal government for other military uses, in connection with military installation closure and realignment. Redevelopment project areas designated pursuant to Section 31-12-200 shall not be counted against the limits on acreage of redevelopment project areas within municipalities contained in Section 31-6-30(7).
(8) 'Redevelopment project costs' means and includes the sum total of all reasonable or necessary costs incurred or estimated to be incurred and any costs incidental to a redevelopment project. The costs include, without limitation:
(a) Costs of studies and surveys, plans, and specifications; professional service costs including, but not limited to, architectural, engineering, legal, marketing, financial, planning, or special services.
(b) Property assembly costs including, but not limited to, acquisition of land and other property, real or personal, or rights or interest therein, demolition of buildings, and the clearing and grading of land.
(c) Costs of rehabilitation, reconstruction, repair, or remodeling of a redevelopment project.
(d) Costs of the construction of a redevelopment project.
(e) Financing costs including, but not limited to, all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued under the provisions of this chapter accruing during the estimated period of construction of any redevelopment project for which the obligations are issued and including reasonable reserves related thereto.
(f) Relocation costs to the extent that a municipality determines that relocation costs must be paid or required by federal or state law.
(9) 'Taxing districts' means counties, incorporated municipalities, schools, special purpose districts, and any other municipal corporations or districts with the power to levy taxes.
(10) 'Real property' shall include all property assessed under authority of Section 12-4-540 when such term is used in this chapter with regard to tax increment financing.
Section 31-12-40. (A) The Governor may create separate and distinct bodies corporate and politic to be known as redevelopment authorities to oversee the disposition of real and personal federal property that has been or will be turned over to the State or to the redevelopment authority as referred to in the Defense Base Closure and Realignment Act, 10 U.S.C. 2901, et seq., as it may be amended from time to time, by the federal government or real and personal federal property that has been designated as surplus property by the federal government and is to be disposed of by the State or the redevelopment authority as a result of the closure and realignment of military facilities in the State. No more than one authority may be created with jurisdiction over a single federal military installation. Only one authority may be designated within any county and the Governor shall exercise his authority under this chapter in such a manner as to ensure that the composition of any authority created under this section shall be structured or restructured in accordance with the requirements contained hereinbelow as additional properties may be added through other closures and realignments, as properties are disposed of and as federally defined Metropolitan Statistical Areas (MSA's) are redefined, from time to time. If an authority is designated, it shall be the sole representative of the State for negotiations with the appropriate federal authority for reuse and disposal of property.
(B) If the federal property subject to disposal is contained wholly within one county, which county does not lie in an MSA extending over more than one South Carolina county and is not included in a multicounty authority under subsections (C) or (D), the authority must include:
(1) two representatives of the State, nominated by a majority of the Senate and a majority of the House, who must be appointed by the Governor;
(2) three representatives of the county appointed by the county governing body;
(3) three representatives of each municipality in which the municipality's boundaries contain all or a portion of the military properties scheduled for disposal, appointed by the municipal governing body; and
(4) one at-large appointment by the Governor, who shall be a resident of the county.
(C) If the federal property subject to disposal is contained within more than one county, with no portion of such counties lying within an MSA which extends over more than one South Carolina county, the authority must include:
(1) two representatives of the State nominated by a majority of the Senate and a majority of the House, who must be appointed by the Governor;
(2) two representatives of each county appointed by the respective county governing body;
(3) two representatives of each municipality in which the municipality's boundaries contain all or a portion of the military properties scheduled for disposal, appointed by the respective municipal governing body; and
(4) one at-large appointment by the Governor, who shall be a resident of one of the counties.
(D) If the federal property subject to disposal is contained wholly or partially within a county, all or a portion of which lies in an MSA which extends over more than one South Carolina county, the authority must include:
(1) one representative of each South Carolina county which contains all or a portion of the federal property subject to disposal, appointed by the respective county governing body;
(2) one representative of each South Carolina county in the MSA not entitled to a representative under subsection (D)(1), appointed by the respective county governing body;
(3) one representative of each municipality located wholly or partly within the MSA with a population of at least 50,000 as determined by the latest official federal census, appointed by the respective municipal governing body;
(4) such additional representatives as may be necessary to assure that any municipality within whose boundaries the major portion of properties scheduled for disposal lies shall have a total number of representatives being two less than the collective number of representatives from all other appointing bodies or officers provided for in subsections (D)(1) through (D)(8), appointed by the municipal governing body;
(5) if the major portion of properties scheduled for disposal lies within a single county but not within the boundaries of any single municipality, such additional representatives as may be necessary to assure that county two less than the collective number of representatives from all other appointing bodies or officers provided for in subsections (D)(1) through (D)(8), appointed by the county governing body;
(6) one member elected by a majority of the Senate;
(7) one member elected by a majority of the House of Representatives; and
(8) one at-large appointment by the Governor, who shall be a resident of one of the counties which lie, wholly or partially, in the MSA which is entitled to an appointment under subsections (D)(1) or (D)(2).
(E) No member of an authority may be an elected official or have held an elected office within one year of the date on which the member begins service on an authority. Nor may any member hold another office of honor or profit of this State while serving on the authority as prohibited by the South Carolina Constitution. Nor may any member of an authority established pursuant to subsection (D) serve or have served as an officer of, or as a member of the executive committee of, any authority, commission, committee, or other entity relating to or concerned with the effects of the closure of a federal military installation which has been established by an executive order of the Governor prior to the effective date of this Chapter, within one year prior to the date on which the member begins service on an authority. Each member of an authority must comply with the provisions of Chapter 13 of Title 8 of the 1976 Code of Laws including the requirement to file a statement of economic interests.
(F) All executive orders of the Governor establishing any authority, commission, committee, or other entity relating to or concerned with the effects of the closure of a federal military installation shall expire on March 1, 1995. The Governor may issue no executive order relating to the purposes of this chapter except to create or to modify the membership of an authority as provided in Section 31-12-40.
(G) Upon the creation of an authority under the provisions of this Chapter with regard to property scheduled for disposal which was also the subject of an executive order of the Governor issued prior to the effective date of this Act, the authority may, by its resolution, assume all or part of the responsibilities and activities of the entity previously authorized by the executive order.
(H) The appointments made pursuant to subsections (B)(2), (B)(3) and (B)(4), subsections (C)(2), (C)(3) and (C)(4), and subsections (D)(1), (D)(2), (D)(3), (D)(4), (D)(5) and (D)(8) shall be subject to the advice and consent of the state Senate.
(I) An authority also may be created by resolutions of municipalities and of counties eligible to make the majority of the appointments to an authority pursuant to subsections (B), (C) or (D), respectively.
(J) A vacancy occurring during the recess of the Senate may be filled by an interim appointment by the appointing body or officer.
The Senate must be notified of the interim appointment, which shall be submitted no later than the end of the third week of its next ensuing regular session. The Senate may give or withhold its advice and consent to an appointment at any time after submission of the appointment, provided that if the Senate does not advise and consent to an appointment prior to Sine Die adjournment of that session, the office shall be vacant and the interim appointment shall not serve in holdover status notwithstanding any other provision of law to the contrary. In no event may the same individual be reappointed by the appointing body or officer until such time as the term for which the interim appointee would have served expires.
(K) A vacancy due to the failure of the Senate to give advice and consent to any appointment may be filled while the Senate is in session by an interim appointment of a different person by the appointing body or officer until Sine Die adjournment of that session.
(L) A vacancy due to the failure of the Senate to give advice and consent to any appointment may be filled during the recess of the Senate by an interim appointment by the appointing body or officer in the same manner as in Subsection (I).
Section 31-12-50. (A) The term of office for members appointed pursuant to Sections 31-12-40(B) and 31-12-40(C) is as follows: one of the state representatives, one of the county representatives, and one of the municipality representatives shall serve a four-year term as designated by the respective delegation or governing body. The other members shall serve an initial two-year term, including the at-large appointment by the Governor. The term of office for members appointed pursuant to Section 31-12-40(D) shall be split as equally as possible as between two or four years, as determined by lot at their first organizational meeting, other than the appointment by the Governor, who shall serve an initial two year term. After the initial terms all members shall serve four-year terms. Each member shall hold office until his successor is appointed and qualified.
(B) Vacancies for the unexpired terms of any member who resigns, ceases to be qualified, or is removed must be promptly filled in the manner of the original appointment. Any member who is guilty of malfeasance, misfeasance, incompetency, persistent absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity, is subject to removal by majority vote of the appointing body upon any of the foregoing causes being made to appear satisfactory to the appointing body. A member is subject to removal by an appointing body, with or without cause, upon a two-thirds vote of an appointing body. An appointing officer may remove a member of an authority with or without cause. A member shall receive, as the authority determines, reimbursement for reasonable travel expenses and other out of pocket expenses incurred in the discharge of the member's duties.
Section 31-12-60. The Governor's at-large appointment shall serve for a two year term as chairman of any authority initially established. The authority shall select its vice chairman and such other officers as the authority may determine from its membership. The authority shall select its chairman at all times after the Governor's first at-large appointee ceases to serve his first term.
The authority may employ or contract for technical experts and other agents and employees as it may require and may determine the qualifications and compensation of these persons. A majority of the members then in office shall constitute a quorum for its meeting. No member is liable personally for losses unless the losses are occasioned by the wilful misconduct of the member. An authority may delegate one or more of its members, agents, or employees any of its powers that it considers necessary to carry out the purposes of the authority subject always to the supervision and control of the whole authority.
Section 31-12-70. (A) An authority shall constitute a public body, corporate and politic, exercising public and essential governmental powers, which powers shall include all powers necessary or appropriate to carry out and effectuate the purposes and provisions of this chapter, including the following powers:
(1) to make and from time to time amend and repeal bylaws, rules, regulations, and resolutions;
(2) to have perpetual succession;
(3) to adopt a seal;
(4) to sue and be sued;
(5) to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and any contract or instrument when signed by the chairman or vice chairman and secretary or assistant secretary of the authority must be held to have been properly executed for and on its behalf;
(6) to cooperate with any government or municipality as defined in this title;
(7) to act as agent of the State or federal government or any of its instrumentalities or agencies for the public purposes set out in this title;
(8) to prepare or cause to be prepared and adopt redevelopment plans and to undertake and carry out redevelopment projects within its area of operation;
(9) to arrange or contract for the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in connection with a redevelopment project; provided, however, the power provided herein shall not be construed to alter or amend the rights, responsibilities, or powers of electrical utilities, electric cooperatives, electric suppliers, municipal electric systems, or the Public Service Authority as provided in Chapter 27 and 31 of Title 58 and Section 5-7-60, as is or as may hereafter be amended;
(10) within its area of operation, to purchase, obtain options upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal property or any interest in it, together with any improvements on it, necessary or incidental to a redevelopment project, to hold, improve, clear, or prepare for redevelopment of the property, and sell, exchange, transfer, assign, subdivide, retain for its own use, mortgage, pledge or otherwise encumber or dispose of any real or personal property or any interest in it, either as an entirety to a single redeveloper or in parts to several redevelopers, to enter into contracts, either before or after the real property that is the subject of the contract is acquired by the authority, with redevelopers of property containing covenants, restrictions, and conditions regarding the use of the property for residential, commercial, industrial, or recreational purposes or for public purposes in accordance with the redevelopment plan and such other covenants, restrictions, and conditions as the authority may consider necessary to effectuate the purposes of this chapter; and to provide appropriate remedies for any breach of covenants or conditions, including the right to terminate the contracts and any interest in the property created pursuant thereto; to borrow money and issue bonds and provide security for bonds, provided that the authority may not pledge the full faith and credit of the state or of any of its political subdivisions for the repayment of said bonds; to insure or provide for the insurance of any real or personal property or operations of the authority against any risks or hazards, including the power to pay premiums on the insurance; and to enter into any contracts necessary to effectuate the purposes of this chapter;
(11) to invest any funds held in reserves or sinking funds or any funds not required for immediate disbursements, in the investments as may be lawful for guardians, executors, administrators or other fiduciaries under the laws of this State; and to redeem its bonds at the redemption price established therein or to purchase its bonds at less than redemption price, all bonds so redeemed or purchased to be canceled;
(12) to borrow money and to apply for and accept advances, loans evidenced by bonds, grants, contributions, and any other form of financial assistance from the federal government, the State, county, municipality, or other public body or from any sources, public or private for the purposes of this chapter, to give this security as may be required and to enter into and carry out contracts in connection with it;
(13) within its area of operation, to make or have made all surveys, studies, and plans necessary to the carrying out of the purposes of this chapter and in connection with it to enter into or upon any land, building, or improvement on it for the purposes and to make soundings, test borings, surveys, appraisals, and other preliminary studies and investigations necessary to carry out its powers and to contract or cooperate with any and all persons or agencies, public or private, in the making and carrying out the surveys, appraisals, studies, and plans. An authority is specifically authorized to make:
(a) plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements; and
(b) plans for the enforcement of laws, codes, and regulations relating to the use of land, the use and occupancy of buildings and improvements, and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements, subject to the approval of the municipality, or county if not within a municipality, within which the properties lie;
(14) to make expenditures as may be necessary to carry out the purposes of this chapter; and to make expenditures from funds obtained from the federal government;
(15) to perform redevelopment project undertakings and activities in one or more contiguous or noncontiguous redevelopment areas that are planned and carried out on the basis of annual tax increments in accordance with the remaining provisions of this Chapter.
(B) In carrying out a redevelopment project, an authority may:
(1) with or without consideration and, at private sale, in accordance with the redevelopment plan, convey real property to the municipality, county, or other appropriate public body to be laid out for streets, alleys, and public ways;
(2) with or without consideration, convey at private sale, in accordance with the redevelopment plan, grant, or dedicate easements and rights-of-way for public utilities, sewers, streets, and other similar facilities;
(3) with or without consideration, and at private sale, in accordance with the redevelopment plan, convey to a municipality, county, or other appropriate public body, real property to be used for parks, schools, public buildings, facilities, or other public purposes; and
(4) temporarily rent or lease, operate, or maintain real property in a redevelopment area, whether or not in accordance with the redevelopment plan and pending the disposition of the property for redevelopment, as may be deemed appropriate.
(C) In developing its redevelopment plans, an authority shall take into account the needs of the surrounding community; shall attempt to integrate the redevelopment of the properties scheduled for disposition with any adjacent areas; and shall consider the extent to which the plan compliments the existing development of the community, the competitive effect on existing businesses in the community, and the compatibility of the redevelopment with the community. To that end, and with the consent and concurrence of the local governing body having planning and zoning authority over the surrounding areas, the authority may prepare and implement plans for public infrastructure or other improvements which would be authorized under the Community Development Law for a municipality in such areas.
(D) In furtherance of its purposes, an authority may issue revenue bonds, the interest on which may or may not be excludable from gross income for federal income tax purposes, for the purpose of raising funds needed from time to time for the financing or refinancing, in whole or in part, of the acquisition, construction, equipping, maintenance, and operation of any facility, building, structure, or any other matter or thing which the authority is authorized to acquire, construct, equip, maintain, or operate.
Section 31-12-80. (A) Any public body, including the State and any political subdivision or any public or quasi-public entity or affiliated corporate entity by whatever name whose board is appointed pursuant to an act of the General Assembly, upon such terms, with or without consideration, for the purpose of aiding and cooperating in the planning, undertaking, or carrying out of a redevelopment project located within the area in which it is authorized to act, may:
(a) dedicate, sell, convey, or lease any of its interest in any property, or grant easements, licenses, or any other rights or privileges therein to an authority;
(b) cause parks, playgrounds, recreational, community, education, water, sewer, or drainage facilities, or any other works that it is otherwise empowered to undertake, to be furnished in connection with a redevelopment project;
(c) furnish, dedicate, close, vacate, pave, install, grade, regrade, plan or replan streets, roads, sidewalks, ways, or other places that it is otherwise empowered to undertake;
(d) plan or replan any part of the redevelopment;
(e) cause administrative and other services to be furnished to the authority of the character which the public body is otherwise empowered to undertake or furnish for the same or other purposes;
(f) enter into an agreement to pay fees in lieu of taxes as to any properties it might use, own, or acquire located within the redevelopment project area, such fees not to exceed amounts which would otherwise be paid if the properties were not tax exempt, and upon approval of the municipal governing body, such fees may be pledged for the repayment of tax increment finance obligations issued pursuant to this chapter;
(g) enter into an agreement to fund public infrastructure improvements as a part of redevelopment project in such amounts as may represent anticipated savings in capital or operating expenditures of the public body due to its acquisition of properties scheduled for disposition as a part of the redevelopment project; and,
(h) do any and all things necessary or convenient to aid and cooperate in the planning or carrying out of a redevelopment plan.
(B) Any sale, conveyance, or agreement provided for in this section may be made by a public body without public notice, advertisement, or public bidding.
Section 31-12-90. Notwithstanding any provision of law, neither the State nor any political subdivision or any public or quasi-public entity or affiliated corporate entity by whatever name whose board is appointed pursuant to an act of the General Assembly or any non-profit public or non-profit private corporation chartered for the purpose of furthering economic development may make a profit on the sale of real estate to a redevelopment authority created pursuant to this act; nor may any monies from the authority's assets developed through the sale, lease, or fees generated from the profits be transferred to any government entity above, beyond, or outside of the authority itself, except as may be required or permitted by applicable provisions of the Defense Base Closure Realignment Act, 10 U.S.C. 2901, et seq., as it may be amended from time to time.
Section 31-12-100. (A) An authority created pursuant to this chapter may dissolve the authority by a two-thirds vote of the entire number of authorized members if no property remains for redevelopment or if the authority decides to transfer the remaining redevelopment properties to another public body or successor entity created by statute.
(B) Final dissolution may occur only upon sale of all properties to the private sector or conveyance to another public entity described in subsection (A) with the lawful power to receive real and personal property held by the authority and the satisfaction of all outstanding obligations of the authority or their lawful assumption by another public entity described in subsection (A).
(C) Upon a determination to dissolve, the authority may dispose of any tangible or intangible property remaining after transfer of any remaining redevelopment properties as provided by law or in the following manner:
(1) tangible personal property and cash or similar instruments held by the authority shall be distributed to the local governmental entities which nominated members to the authority; and
(2) disbursement of assets shall be based on the cash value of all assets, and shall be distributed in reimbursement to local government entities which have contributed cash funds or capital assets in proportion to the dollar value of contributions made by the government entities that have not been otherwise recovered by the contributing governmental entity through direct revenues.
(D) The authority shall keep annual and permanent records of cash contributions and the value of in-kind donations of the governmental entities, and such records shall be used to determine the distribution of assets of the authority based on the net present value of such contributions at the time it is dissolved.
Section 31-12-110. Notwithstanding any provision of law or regulation, an authority shall be an "agency" for purposes of Chapter 78 of Title 15.
Section 31-12-120. Notwithstanding any provision of law or regulation, an authority must comply with the provisions of Chapter 35 of Title 11 (South Carolina Consolidated Procurement Code) and the related regulations issued by the Budget and Control Board. In any instance where a provision of this chapter is inconsistent with a provision of the Procurement Code or regulation, the Procurement Codes and regulation shall control.
Section 31-12-200. Upon creation of a redevelopment authority by the Governor, any properties scheduled for disposal within a particular municipality, whether contiguous or not, including, to the extent that the State may then or thereafter have or acquire jurisdiction, all properties over which the State has ceded jurisdiction in whole or in part to the United States of America, and including both the real property to be disposed of by an authority as well as any other properties disposed of directly by the federal government to public or private persons or entities, other than disposal to the federal government for other military uses, in connection with military installation closure and realignment, shall without further action being necessary be constituted as a tax increment finance district in accordance with the remaining provisions of this Chapter.
Section 31-12-210. Obligations secured by the special tax allocation fund set forth in Section 31-12-270 for the redevelopment project area may be issued by the municipality upon the request of the authority to provide for redevelopment project costs. The obligations, when so issued, must be retired in the manner provided in the ordinance authorizing the issuance of the obligations by the receipts of taxes levied as specified in Section 31-12-270 against the taxable property included in the area and other revenue as specified in Section 31-12-310 designated by the municipality or by the authority which source does not involve revenues from any tax or license. In the ordinance authorizing the issuance of the obligations the municipality may pledge all or any part of the funds in and to be deposited in the special tax allocation fund created pursuant to Section 32-12-200 to the payment of the redevelopment project costs and obligations. Any pledge of funds in the special tax allocation fund must provide for distribution to the taxing districts of monies not required for payment and securing of the obligations and the excess funds are surplus funds. In the event a municipality only pledges a portion of the monies in the special tax allocation fund for the payment of redevelopment project costs or obligations, any funds remaining in the special tax allocation fund after complying with the requirements of the pledge are also considered surplus funds. All surplus funds must be distributed annually to the taxing districts in the redevelopment project area by being paid by the municipality to the county treasurer of the county in which the municipality is located. The county treasurer shall immediately thereafter make distribution to the respective taxing districts in the same manner and proportion as the most recent distribution by the county treasurer to the affected districts of real property taxes from real property in the redevelopment project area.
In addition to obligations secured by the special tax allocation fund, the municipality, with the concurrence of the authority evidenced by its resolution, may pledge for a period not greater than the term of the obligations toward payment of the obligations any part of the revenues remaining after payment of operation and maintenance, of all or part of any redevelopment project.
The obligations may be issued in one or more series, may bear such date or dates, may mature at such time or times not exceeding thirty years from their respective dates, may bear such rate or rates of interest as the governing body shall determine, may be in such denomination or denominations, may be in such form, either coupon or registered, may carry such registration and conversion privileges, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption, with or without premium, may be declared or become due before the maturity date thereof, may provide for the replacement of mutilated, destroyed, stolen, or lost bonds, may be authenticated in such manner and upon compliance with such conditions, and may contain such other terms and covenants, as may be provided by the governing body of the municipality. If the governing body determines to sell any obligations the obligations must be sold at public or private sale in such manner and upon such terms as the governing body considers best for the interest of the municipality.
The obligations must be issued within fifteen years of the creation of the tax increment finance district in accordance with Section 31-12-200.
A certified copy of the ordinance authorizing the issuance of the obligations must be filed with the clerk of the governing body of each county and treasurer of each county in which any portion of the tax municipality is situated and shall constitute the authority for the extension and collection of the taxes to be deposited in the special tax allocation fund.
A municipality also may issue its obligations to refund in whole or in part obligations previously issued by the municipality under the authority of this chapter, whether at or prior to maturity, and all references in this chapter to "obligations" are considered to include these refunding obligations.
The debt incurred by a municipality pursuant to this chapter is exclusive of any statutory limitation upon the indebtedness a taxing district may incur. All obligations issued pursuant to this chapter shall contain a statement on the face of the obligation specifying the sources from which payment is to be made and shall state that the full faith, credit, and taxing powers are not pledged for the obligations.
The trustee or depositary under any indenture may be such persons or corporations as the governing body designates, or they may be nonresidents of South Carolina or incorporated under the laws of the United States or the laws of other states of the United States.
Section 31-12-250. The proceeds from obligations issued under authority of Sections 31-12-200 through 31-12-320 of this chapter must be applied only for the purpose for which they were issued. Any premium and accrued interest received in any such sale must be applied to the payment of the principal of or the interest on the obligations sold. Any portion of the proceeds not needed for redevelopment project costs must be applied to the payment of the principal of or the interest on the obligations.
Section 31-12-260. The obligations authorized by this chapter and the income from the obligations and all security agreements and indentures executed as security for the obligations made pursuant to the provisions of this chapter and the revenue derived from the obligations are exempt from all taxation in the State of South Carolina except for inheritance, estate, or transfer taxes and all security agreements and indentures made pursuant to the provisions of this chapter are exempt from all state stamp and transfer taxes.
Section 31-12-270. A municipality, after the adoption of an ordinance pursuant to Section 31-12-280 concurring in an authority's redevelopment plan, may issue obligations under this chapter upon the request of the redevelopment authority to finance the redevelopment project upon adoption of an ordinance providing that:
(1) after the issuance of the obligations; and
(2) after the total equalized assessed valuation of the taxable real property in a redevelopment project area exceeds the certified "total initial equalized assessed value" established in accordance with Section 31-12-300(B) of all taxable real property in the project area, the ad valorem taxes, if any, arising from the levies upon taxable real property in the project area by taxing districts and tax rates determined in the manner provided in Section 31-12-300(B) each year after the obligations have been issued until obligations issued under this chapter have been retired and redevelopment project costs have been paid must be divided as follows:
(a) that portion of taxes levied upon each taxable lot, block, tract, or parcel of real property which is attributable to the total initial equalized assessed value of all taxable real property in the redevelopment project area must be allocated to and when collected must be paid by the county treasurer to the respective affected taxing districts in the manner required by law in the absence of the adoption of the redevelopment plan; and
(b) that portion, if any, of taxes which is attributable to the increase in the current total equalized assessed valuation of all taxable real property in the redevelopment project area over and above the total initial equalized assessed value of taxable real property in the redevelopment project area must be allocated to and when collected must be paid to the municipality which shall deposit the taxes into a special fund called the special tax allocation fund of the municipality for the purpose of paying redevelopment project costs and obligations incurred in the payment of the costs and obligations. The municipality may pledge in the ordinance the funds in and to be deposited in the special tax allocation fund for the payment of the costs and obligations.
When obligations issued under this chapter have been retired and redevelopment project costs incurred under this chapter have been paid or budgeted pursuant to the redevelopment plan, as evidenced by resolution of the governing body of the municipality, concurred in by resolution of the authority, all surplus funds then remaining in the special tax allocation fund must be paid by the municipal treasurer to the county treasurer who immediately, after receiving the payment, shall pay the funds to the taxing districts in the redevelopment project area in the same manner and proportion as the most recent distribution by the treasurer to the affected districts of real property taxes from real property in the redevelopment project area.
Upon the payment of all redevelopment project costs, retirement of all obligations of a municipality issued under this chapter, and the distribution of any surplus monies pursuant to this section, at least fifteen years having passed since the creation of the tax increment finance district pursuant to Section 31-12-200, the municipality shall adopt an ordinance dissolving the tax allocation fund for the project redevelopment area and terminating the designation of the redevelopment project area as a redevelopment project area for purposes of this chapter. Thereafter, the rates of the taxing districts must be extended and taxes levied, collected, and distributed in the manner applicable in the absence of the adoption of a redevelopment plan and the issuance of obligations under this chapter.
Section 31-12-280. Prior to the issuance of any obligations under this chapter, the municipality shall set forth by way of ordinance the following:
(a) a copy of the redevelopment plan of the authority;
(b) a statement indicating the need for and proposed use of the proceeds of the obligations in relationship to the redevelopment plan;
(c) a list of all real property in the redevelopment project area; and
(d) a statement of the estimated impact of the redevelopment plan upon the revenues of all taxing districts in which a redevelopment project area is located.
Before approving the issuance of any obligations under this chapter, the governing body of the municipality must hold a public hearing on the redevelopment plan after published notice in a newspaper of general circulation in the county in which the tax increment finance district is located not less than fifteen days and not more than thirty days prior to the hearing. The notice shall include:
(1) the time and place of the public hearing;
(2) a notification that all interested persons will be given an opportunity to be heard at the public hearing;
(3) a description of the redevelopment project area, the redevelopment plan, and the redevelopment project; and
(4) the maximum estimated term of obligations to be issued at that time.
Not less than forty-five days prior to the date set for the public hearing, the municipality shall give the same notice to all taxing districts of which taxable property is included in the redevelopment project area.
Adoption of an ordinance approving the issuance of any obligations under this Chapter shall not preclude amendments to the redevelopment plan of the authority and any proceeds of obligations issued hereunder may be applied to the implementation of any such amended redevelopment plan.
Section 31-12-290. Carry forward of funds.
During the existence of the special tax allocation fund created pursuant to this Chapter, funds not otherwise expended may be carried forward from year to year to be applied to future years obligations and shall not be considered surplus funds subject to distribution under the provisions of Section 31-12-270 unless determined otherwise by resolution of the authority.
Section 31-12-300. (A) If a municipality by ordinance authorizes by ordinance the issuance of obligations pursuant to Section 31-12-210, the auditor of the county in which the municipality is situated, immediately after adoption of the ordinance pursuant to Section 31-12-210, must, upon request of the municipality, determine and certify:
(1) the most recently ascertained equalized assessed value of all taxable real property within the redevelopment project area, as of the date of creation of the authority pursuant to Section 31-12-200, or the date the properties were scheduled for disposal by final action of the federal government in the case of properties added after the date of creation of the authority, which value is the "initial equalized assessed value" of the property; and
(2) the total equalized assessed value of all taxable real property within the redevelopment project area and certifying the amount as the "total initial equalized assessed value" of the taxable real property within the redevelopment project area.
(B) After the county auditor has certified the total initial equalized assessed value of the taxable real property in the area, then in respect to every taxing district containing a redevelopment project area, the county auditor or any other official required by law to ascertain the amount of the equalized assessed value of all taxable property within the district for the purpose of computing the rate percent of tax to be extended upon taxable property within such district, shall in every year that obligations are outstanding for redevelopment projects in the redevelopment area ascertain the amount of value of taxable property in a project redevelopment area by including in the amount the certified total initial equalized assessed value of all taxable real property in the area in lieu of the equalized assessed value of all taxable real property in the area. The rate percent of tax determined must be extended to the current equalized assessed value of all property in the redevelopment project area in the same manner as the rate percent of tax is extended to all other taxable property in the taxing district. The method of extending taxes established under this section terminates when the municipality adopts an ordinance dissolving the special tax allocation fund for the redevelopment project.
Section 31-12-310. Revenues received by the municipality or authority from any property, building, or facility owned by the municipality or authority, or any agency or authority established by the municipality, in the redevelopment project area may be used to pay redevelopment project costs or reduce outstanding obligations of the municipality incurred under this chapter for redevelopment project costs. If the obligations are used to finance the extension or expansion of a system as defined in Section 6-21-40 in the redevelopment project area, all or a portion of the revenues of the system, whether or not located entirely within the redevelopment project area, including the revenues of the redevelopment project, may be pledged to secure the obligations issued under this chapter. The municipality is fully empowered to use any of the powers granted by either or both of the provisions of Chapter 17 of Title 6 (The Revenue Bond Refinancing Act of 1937) or the provisions of Chapter 21 of Title 6 (Revenue Bond Act for Utilities). In exercising the powers conferred by the provisions, the municipality may make any pledges and covenants authorized by any provision of those chapters. The municipality may place the revenues in the special tax allocation fund or a separate fund which must be held by the municipality or financial institution designated by the municipality. Revenue received by the municipality or authority from the sale or other disposition of real property acquired by the municipality or authority with the proceeds of obligations issued under the provisions of this chapter must be deposited by the municipality or authority in the special tax allocation fund of the municipality or a separate fund which must be held by the municipality or authority or a financial institution designated by the municipality or authority, with such proceeds to be used to discharge the obligations issued pursuant to this chapter or otherwise to further the purposes of the redevelopment project. Proceeds of grants may be pledged by the municipality and deposited in the special tax allocation fund or a separate fund.
Section 31-12-320. If the redevelopment project area is located within more than one municipality, the municipalities may jointly approve a redevelopment plan and authorize obligations as provided under the provisions of this chapter."
SECTION 2. Section 6-7-830(a) of the 1976 Code is amended to read:
"(a) All agencies, departments and subdivisions of this State that use real property, as owner or tenant, in any county or municipality in this State shall be subject to the zoning ordinances thereof.
Any county or agency, department or subdivision thereof that uses any real property, as owner or tenant, within the limits of any municipality in this State shall be subject to the zoning ordinances of the municipality.
Any municipality or agency, department or subdivision thereof, that uses any real property, as owner or tenant, within the limits of any county in this State but not within the limits of such municipality shall be subject to the zoning ordinances of the county.
All agencies, departments, and subdivisions of this State, including public or quasi-public entities by whatever name whose board is appointed pursuant to an act of the General Assembly and redevelopment authorities created pursuant to Chapter 12 of Title 31, that use real property, as owner or tenant, in any county or municipality in this State shall be subject to the zoning and subdivision ordinances and regulations thereof.
Any county or agency, department, or subdivision thereof that uses any real property, as owner or tenant, within the limits of any municipality in this State shall be subject to the zoning and subdivision ordinances and regulations of the municipality.
Any municipality or agency, department, or subdivision thereof, that uses any real property, as owner or tenant, within the limits of any county in this State but not within the limits of such municipality shall be subject to the zoning and subdivision ordinances and regulations of the county. Any municipality or agency, department, or subdivision thereof, that uses any real property, as owner or tenant, within the limits of any other municipality in this State but not within its own limits shall be subject to the zoning and subdivision ordinances and regulation of such other municipality.
The provisions of this section shall apply regardless of any cession of jurisdiction to the United States of America pursuant to Chapter 3 of Title 3, or otherwise.
The provisions of this section shall not require any state agency, department, or subdivision to move from facilities occupied on June 18, 1976, regardless of whether or not their location is in violation of municipal or county zoning ordinances.
The provisions of this act do not apply to a home serving nine or fewer mentally or physically handicapped persons provided the home provides care on a twenty-four hour basis and is approved or licensed by a state agency or department or under contract with the agency or department for such purpose. Any such home is construed to be a natural family or such similar term as may be utilized by any county or municipal zoning ordinance to refer to persons related by blood or marriage. Prior to locating the home for such handicapped persons the appropriate state agency or department or the private entity operating the home under contract must first give prior notice to the local governing body administering the pertinent zoning laws, advising of the exact site of any proposed home. The notice must also identify the individual representing the agency, department, or private entity for site selection purposes. If the local governing body objects to the selected site, the governing body must notify the site selection representative of the entity seeking to establish the home within fifteen days of receiving notice and must appoint a representative to assist the entity in selection of a comparable alternate site and/or structure. The site selection representative of the entity seeking to establish the home and the representative of the local governing body, shall select a third mutually agreeable person. The three persons shall have forty-five days to make a final selection of the site by majority vote. Such final selection shall be binding on the entity and the governing body. In the event no selection has been made by the end of the forty-five day period, the entity establishing the home shall select the site without further proceedings. An application for variance or special exception is not required. No person may intervene to prevent the establishment of such a community residence without reasonable justification.
Prospective residents of such homes shall be screened by the licensing agency to insure that such placement is appropriate.
The licensing agency shall conduct reviews of such homes no less frequently than every six months for the purpose of promoting the rehabilitative purposes of the homes and their continued compatibility with their neighborhoods."
SECTION 3. Section 6-31-20(2) of the 1976 Code is amended to read:
"(2) 'Developer' means a person, including a governmental agency or redevelopment authority created pursuant to the provisions of the Military Facilities Redevelopment Law, who intends to undertake any development and who has a legal or equitable interest in the property to be developed."
SECTION 4. Section 6-31-40 of the 1976 Code is amended to read:
"Section 6-31-40. A local government may enter into a development agreement with a developer for the development of property as provided in this chapter provided the property contains twenty-five acres or more of highland. Development agreements involving property containing no more than two hundred fifty acres of highland shall be for a term not to exceed five years. Development agreements involving property containing one thousand acres or less of highland but more than two hundred fifty acres of highland shall be for a term not to exceed ten years. Development agreements involving property containing two thousand acres or less of highland but more than one thousand acres of highland shall be for a term not to exceed twenty years. Development agreements involving property containing more than two thousand acres and development agreements with a developer which is a redevelopment authority created pursuant to the provisions of the Military Facilities Redevelopment Law, regardless of the number of acres of property involved, may be for such term as the local government and the developer shall elect."
SECTION 5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. This act takes effect upon approval by the Governor.
Amend title to conform.
/s/Robert Ford James J. Bailey /s/Luke A. Rankin /s/Sandra S. Wofford /s/Lawrence E. Richter, Jr. /s/Mark S. Kelley On Part of the Senate. On Part of the House.
Rep. WOFFORD explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Debate was resumed on the Senate amendments to the following Bill, the pending question being the consideration of amendments.
H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT; AND TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO PROVIDING SIGNS STATING THE PENALTY FOR ARMED ROBBERY, SO AS TO REMOVE FROM THE SIGN CERTAIN PROVISIONS.
Rep. LANFORD proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\CYY\16329AC.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ____. Section 20-7-3230(4) of the 1976 Code, as last amended by Act 173 of 1993, is further amended to read:
"(4) providing juvenile detention services for juveniles charged with having committed a criminal offense who are found, after a detention screening or detention hearing, to require detention or placement outside the home pending an adjudication of delinquency or dispositional hearing. Detention services provided by the department for the benefit of the counties of this State must include secure juvenile detention centers. The size and capacity of the juvenile detention facilities needed shall must be determined by the department after its consideration and review of American Correctional Association standards for the design, construction, and operation of juvenile detention facilities. These recognized national standards must be met or exceeded by the department in determining the size and capacity of the juvenile detention centers and in planning for the construction and operation of the facilities. The department shall determine and announce the anticipated maximum operational capacity of each facility and shall contact each county governmental body in this State for the purpose of determining which counties anticipate utilizing these facilities upon each facility becoming operational. The department shall inform each county governmental body of the existing state and federal laws regarding the confinement of juveniles charged with committing criminal offenses, of each county's ability to develop its own facility or to contract with other counties for the development of a regional facility, and of the availability of the department's facilities. This notice must be provided to each county for the purpose of determining which county governmental bodies desire to enter into an intergovernmental agreement with the department for the detention of juveniles from their particular county who are charged with committing a criminal offense for which pretrial detention is both authorized and appropriate. No later than September 1, 1993, the department shall report to the Budget and Control Board on the strategy of each county to comply with Sections 20-7-600 and 20-7-605. The department must include with its report a plan for the construction and the operation of those facilities which are projected to be necessary for the preadjudicatory detention of juveniles in this State. No later than September first of each subsequent year, the department shall report to the board on the status of all preadjudicatory juvenile detention facilities known to be operational or planned, regardless of ownership or management. The board then will coordinate with all responsible and affected agencies and entities to ensure that adequate funding is identified to prevent the detention or incarceration of juveniles in adult jails anywhere within the State of South Carolina. Upon completion of each facility and upon the determination by the Jail and Prison Inspection Division of the Department of Corrections that each facility is staffed in accordance with relevant standards and can be operated in accordance with these standards, the division shall determine and announce the rated capacity of each facility. A facility operated by the Department of Juvenile Justice for the preadjudicatory detention of juveniles must be maintained and continued in operation for that purpose until approved for conversion or closure by the Budget and Control Board. However, a county which decides to maintain its own approved facilities or which has entered into a regional intergovernmental agreement, which has provided secure facilities for preadjudicatory juveniles, and which meets the standards set forth above, may continue to operate these facilities. County and regionally operated facilities are subject to inspection by the Jail and Prison Inspection Division of the Department of Corrections for compliance with the standards set forth above and those created pursuant to Section 24-9-20. The division has the same enforcement authority over county and regionally operated secure juvenile detention facilities as that which is provided in Section 24-9-30. A juvenile ordered detained in a facility must be screened within twenty-four hours by a social worker or, if considered appropriate, by a psychologist, in order to determine whether the juvenile is emotionally disturbed, mentally ill, or otherwise in need of services. The services must be provided immediately. In Department of Juvenile Justice operated facilities, the department shall determine an amount of per diem for each child detained in a center, which must be paid by the committing county governing body of the law enforcement agency having original jurisdiction where the offense occurred. The per diem paid by the county governing body of the law enforcement agency having original jurisdiction where the offense occurred must be based on the average operating cost among all preadjudicatory state facilities. The Department of Juvenile Justice must assume one-third of the per diem cost and the committing county governing body of the law enforcement agency having original jurisdiction where the offense occurred must assume two-thirds of the cost. Per diem funds received by the department must be placed in a separate account by the department for operation of all preadjudicatory state facilities. Transportation of the juvenile to and from a facility is the responsibility of the local law enforcement agency which takes the juvenile into custody having jurisdiction where the offense was committed. Transportation of juveniles between department facilities, if necessary, is the responsibility of the department."/
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
SPEAKER SHEHEEN stated that he had read the information on Amendment No. 6 and it was germane and he overruled Rep. Whipper's Point of Order.
Rep. WILKINS proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\JIC\6121DW.94), which was adopted.
Amend the bill, as and if amended, by designating SECTIONS 1 through 40 as Part I.
Amend further, page 26, line 14, by inserting after /parole./ /However, an individual convicted of the crimes listed in this section, as well as those listed in Section 24-21-30 are not eligible for parole for these crimes after June 30, 1995./
Amend further, page 26, line 18, by striking /act/ and inserting /part/.
Amend further, by adding:
SECTION 1. The 1976 Code is amended by adding:
"Section 24-13-100. Notwithstanding another provision of law, no prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including those prisoners serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is eligible for work release until the prisoner has served not less than:
(1) seventy percent of the term of imprisonment imposed if the prisoner committed a 'violent' crime as defined under Section 16-1-60, irrespective of whether the prisoner is considered a violent offender; or
(2) sixty percent of the term of imprisonment imposed if the prisoner is considered 'nonviolent' as defined under Section 16-1-70."
SECTION 2. The 1976 Code is amended by adding:
"Section 24-13-150. Notwithstanding another provision of law, a prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facilities agreement authorized by Section 24-3-20, is not eligible for early release, discharge, or community supervision until the prisoner has served:
(1) eighty percent of the term of imprisonment imposed if the offender committed a 'violent' crime as defined in Section 16-1-60, irrespective of whether the prisoner is considered a violent offender; or
(2) seventy percent of the term of imprisonment imposed if the offender is considered 'nonviolent' as defined in Section 16-1-70.
(3) These percentages must be calculated without the application of earned work credits, education credits, and good time credits."
SECTION 3. The 1976 Code is amended by adding:
"Section 24-13-175. Notwithstanding another provision of law, sentences imposed and time served must be computed based upon a three hundred and sixty-five day year."
SECTION 4. The 1976 Code is amended by adding:
"Section 24-21-560. All prisoners who commit a crime on or after July 1, 1995, must satisfactorily complete a community supervision program operated by the Department of Probation and Community Supervision. This program must last no more than two years at the sole discretion of the department. No civil liability shall attach to the department or any of its employees based on the exercise of this discretion. The court shall determine when a prisoner fails to complete this program or whether a prisoner's community supervision should be revoked. The proceeding must be initiated pursuant to a warrant or a citation issued by a probation agent setting forth the violations of the community supervision program. If the supervision is revoked, the prisoner shall return to prison to serve a one year sentence without any credits and then return to community supervision. All decisions made by the department or the court in dealing with community supervision are final, with no right of appeal. A convict must not be released into the community without having satisfactorily completed a period of community supervision. If the prisoner does not complete the community supervision, he must be returned to prison for one year and then placed back on community supervision until he satisfactorily complete it or his community supervision is revoked. This process will continue until the prisoner has satisfactorily completed community supervision. The prisoner must successfully complete community supervision in order to be released from the criminal justice system. Successful completion of the community supervision program satisfies the prisoner's sentence.
The Department of Corrections shall notify victims pursuant to Section 16-3-1530(c) and the sheriff's office of the place where the prisoner is to be released when he is released to community supervision."
SECTION 5. Title 24 of the 1976 Code is amended by adding:
Section 24-27-10. (A) There is established the South Carolina Criminal Justice Commission composed of twelve voting members as follows:
(1) a justice of the Supreme Court, appointed by the Chief Justice of the Supreme Court;
(2) one Circuit Court judge, appointed by the Chief Justice of the Supreme Court;
(3) an attorney, experienced in the practice of criminal law, appointed by the Governor from a list of candidates submitted by the President of the South Carolina Bar;
(4) the Dean of the Law School of the University of South Carolina, or his designee;
(5) the South Carolina Attorney General, or his designee;
(6) a solicitor appointed by the Chairman of the South Carolina Circuit Solicitor's Association;
(7) the Director of the Victims' Assistance Network, or his designee;
(8) the Chief of the State Law Enforcement Division, or his designee;
(9) the Chairman of the Commission on Appellate Defense, or his designee who must be a member of that commission or who must be the director of the commission;
(10) the Director of the South Carolina Department of Corrections, or his designee;
(11) the Director of the Department of Probation and Community Supervision or his designee;
(12) the President of the South Carolina Jail Administrator's Association, or his designee.
(B) In addition, there are six nonvoting members of the commission as follows:
(1) three members of the Senate designated by the President Pro Tempore of the Senate;
(2) three members of the House of Representatives designated by the Speaker of the House.
(C) The appointed members of the commission shall serve for a term of four years. The members of the commission who are designated to serve by a particular person or official shall serve at the pleasure of that person or official making the designation and only so long as the designated member holds the official position entitling him to membership on the commission. Members are eligible for reappointment, and a vacancy must be filled in the manner of original appointment for the remainder of the unexpired term.
(D) The members of the commission shall elect one member to serve as chairman for a term of one year. The members of the commission also may elect additional officers they consider necessary for the efficient discharge of their duties. Members are eligible for reelection as officers of the commission.
Section 24-27-20. The South Carolina Criminal Justice Commission shall:
(1) serve as a clearinghouse and information center for the collection, preparation, analysis, and dissemination of information on state and local sentencing practices, and conduct ongoing research regarding sentencing guidelines, use of imprisonment and alternatives to imprisonment, plea bargaining, and other matters relating to the improvement of the criminal justice system;
(2) make recommendations to the General Assembly regarding changes in the criminal code, criminal procedures, and other aspects of sentencing;
(3) review and issue its opinion on criminal justice bills that have passed either the Senate or the House;
(4) study current sentence and release practices and correctional resources including, but not limited to, the capacities of local and state correctional facilities. It shall make a yearly report on these matters;
(5) employ a staff director, a professional statistician, and other professional and clerical personnel upon the appropriation of sufficient funds of the General Assembly. The professional statistician and other personnel must be hired by the staff director. The duties of the staff director and the other personnel of the commission must be set by the commission.
Section 24-27-30. The commission shall receive the funding as may be provided by the General Assembly, and the commission is authorized to expend federal funds and grants and gifts it may receive from other sources for the purpose of carrying out its duties and responsibilities.
Section 24-27-40. The commission, by vote of a majority of the membership, has the power to establish general policies."
SECTION 6. Section 16-3-625 of the 1976 Code is amended to read:
"Section 16-3-625. Any A person seventeen years of age or older who resists the lawful efforts of a law enforcement officer to arrest him or her or any other another person with the use or threat of use of any a deadly weapon against the officer, when such and the person is in possession or claims to be in possession of a deadly weapon, shall be deemed is guilty of a felony and, upon conviction, shall must be punished by imprisonment for imprisoned not more than ten nor less than two years. No sentence imposed hereunder for a first offense shall may be suspended to less than six months nor shall the persons so sentenced be eligible for parole until after service of six months. No person sentenced sentence imposed under this section for a second or subsequent offense shall have such sentence may be suspended to less than two years nor shall such person be eligible for parole until after service of two years.
As used in this section 'deadly weapon' shall mean means a shotgun, rifle, pistol, or knife.
This section shall in no manner does not affect or replace the common law crime of assault and battery with intent to kill nor shall does it apply if the sentencing judge, in his discretion, elects to sentence an eligible defendant under the provisions of the 'Youthful Offenders Act'."
SECTION 7. Section 16-3-1260 of the 1976 Code, as last amended by Act 181 of 1989, is further amended to read:
"Section 16-3-1260. (1) Any A payment of benefits to, or on behalf of, a victim or intervenor, or eligible family member under this article shall create creates a debt due and owing to the State by any a person found in as determined by a court of competent jurisdiction of this State, to have who has committed such the criminal act.
(2) The circuit court, when placing on probation any a person who owes a debt to the State as a consequence of a criminal act, may set as a condition of probation the payment of the debt or a portion of the debt to the State. The court also may also set the schedule or amounts of payments subject to modification based on change of circumstances.
(3) The Department of Parole and Community Corrections shall also have the right to make payment of the debt or a portion of the debt to the State a condition of parole.
(4) When a juvenile is adjudicated delinquent in a Family Court proceeding involving a crime upon which a claim under this article can be made, the Family Court, in its discretion, may order that the juvenile pay the debt to the Victim's Compensation Fund State Office of Victim Assistance, as created by this article, as an adult would have to pay had an adult committed the crime. Any assessments so ordered may be made a condition of probation as provided in Section 20-7-1330.
(5)(4) Payments authorized or required under this section must be paid to the Victim's Compensation Fund State Office of Victim Assistance. The Director of the Victim's Compensation Fund State Office of Victim Assistance shall coordinate the development of policies and procedures for the South Carolina Department of Corrections, the South Carolina Office of Court Administration, and the South Carolina Board Department of Parole Probation and Community Corrections Supervision to assure that victim restitution programs are administered in an effective manner to increase payments into the Compensation Fund State Office of Victim Assistance.
(6)(5) Restitution payments to the Victim's Compensation Fund State Office of Victim Assistance may be made by the Department of Corrections from wages accumulated by offenders in its custody who are subject to this article, except that offenders wages shall must not be used for this purpose if such monthly wages are at or below minimums required to purchase basic necessities."
SECTION 8. The first paragraph of Section 16-3-1530(C) of the 1976 Code, as last amended by Act 68 of 1991, is further amended to read:
"Victims and witnesses who wish to receive notification and information shall provide the solicitor, the Department of Corrections, and the Department of Probation, Parole and Pardon Services Community Supervision their current address and telephone number. This information, as it is contained in Department of Corrections and Department of Probation, Parole and Pardon Services Community Supervision files, is privileged and must not be disclosed directly or indirectly, except between these two departments or by order of a court of competent jurisdiction. The solicitor's office which is prosecuting the case has the responsibility of the rights in this subsection, except items (6) and (7) which are the responsibility of the Department of Probation, Parole and Pardon Services Community Supervision and the Department of Corrections."
SECTION 9. Section 16-3-1530(D)(3) of the 1976 Code is amended to read:
"(3) A victim has the right to receive restitution for expenses or property loss incurred as the result of the crime. The judge shall order restitution at every sentencing for a crime against person or property or as a condition of probation or parole, unless the court finds a substantial and compelling reason not to order restitution. The court shall diligently, fairly, and in a timely manner enforce all orders of restitution."
SECTION 10. Section 16-3-1550(B) of the 1976 Code, as last amended by Act 579 of 1988, is further amended to read:
"(B) It is the responsibility of the solicitor's Victim or Witness Assistance Unit in each judicial circuit or a representative designated by the solicitor or law enforcement agency handling the case to advise all victims of their right to submit to the court, orally or in writing at the victim's option, a victim impact statement to be considered by the judge at the sentencing or disposition hearing in general sessions court and at a parole hearing. The solicitor's office or law enforcement agency shall provide a copy of the written form to any victim who wishes to make a written report. In those cases which the solicitor determines that there has been extensive or significant impact on the life of the victim, the Victim or Witness Assistance Unit shall assist the victim in completing the form. The victim shall submit this statement to the solicitor's office within appropriate time limits set by the solicitor to be filed in the court records by the solicitor's office so it may be available to the defense for a reasonable period of time prior to before sentencing. The court shall allow the defendant to have the opportunity to rebut the victim's written statement if the court decides to review any part of the statement before sentencing. If the defendant is incarcerated, the solicitor shall forward a copy of the impact statement and copies of all completed Victim/Witness Notification Requests to the Department of Corrections and to the Parole and Community Corrections Board Department of Probation and Community Supervision. Solicitors shall begin using these victim impact statements no later than January 1, 1985."
SECTION 11. Section 16-11-311 of the 1976 Code is amended to read:
"Section 16-11-311. (A) A person is guilty of burglary in the first degree if the person enters a dwelling without consent and with intent to commit a crime therein in the dwelling, and either:
(1) when, in effecting entry or while in the dwelling or in immediate flight therefrom, he or another participant in the crime:
(a) is armed with a deadly weapon or explosive; or
(b) causes physical injury to any a person who is not a participant in the crime; or
(c) uses or threatens the use of a dangerous instrument; or
(d) displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or
(2) the burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or
(3) the entering or remaining occurs in the nighttime. (B) Burglary in the first degree is a felony punishable by life imprisonment; provided, that the. The court, in its discretion, may sentence the defendant to a term of not less than fifteen years, provided, that no person convicted of burglary in the first degree shall be eligible for parole except upon service of not less than one-third of the term of the sentence."
SECTION 12. Section 17-25-45 of the 1976 Code is amended to read:
"Section 17-25-45. (1) A.(A) (1) Notwithstanding any other another provision of law, any a person who has three two convictions under the laws of this State, any other another state, or the United States, for a violent crime as defined in Section 16-1-60, irrespective of whether the prisoner is considered a violent offender, except a crime for which a sentence of death has been imposed shall, upon the third conviction in this State for such a violent crime, must be sentenced to life imprisonment without parole. For purposes of this section 'life imprisonment' means until death.
B.(2) For the purpose of this section only, a conviction is considered a second conviction only if the date of the commission of the second crime occurred subsequent to the imposition of the sentence for the first offense. A conviction is considered a third conviction only if the date of the commission of the third crime occurred subsequent to the imposition of the sentence for the second offense. Convictions totaling more than three must be determined in a like manner.
(2)(B) The decision to invoke sentencing under subsection (1)(A) shall be is in the discretion of the solicitor. Notice must be given by the solicitor before trial."
SECTION 13. Section 24-3-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-3-20. (a)(A) Notwithstanding the provisions of Section 24-3-10, any a person convicted of an offense against the State of South Carolina and committed to the State Penitentiary at Columbia shall a state correctional facility must be in the custody of the South Carolina Department of Corrections of the State of South Carolina, and the director shall designate the place of confinement where the sentence shall must be served. Nothing in this section prevents a court from ordering a sentence to run concurrently with a sentence being served in another state or an active federal sentence. The director may designate as a place of confinement any available, suitable, and appropriate institution or facility, including a county jail or prison camp, whether maintained by the State department of Corrections or otherwise. Provided, that if If the facility is not maintained by the department, the consent of the sheriff of the county wherein where the facility is located must first be obtained.
The department shall notify the trial solicitor, sheriff, judge, and victims registered pursuant to Section 16-3-1530(c) before releasing inmates on work release. The department shall have the authority to deny release based upon the opinions received.
(b)(B) When the director determines, after the minimums provided in Section 24-13-100 have been served, that the character and attitude of a prisoner reasonably indicates that he may be so trusted, it he may extend the limits of the place of confinement of the prisoner by authorizing him to work at paid employment or participate in a training program in the community on a voluntary basis while continuing as a prisoner, provided that the director determines that:
(1) such the paid employment will not result in the displacement of employed workers, nor be applied in skills, crafts, or trades in which there is surplus of available gainful labor in the locality, nor impair existing contracts for services; and
(2) the rates of pay and other conditions of employment will not be less than those paid and provided for work of similar nature in the locality in which the work is to be performed.
(c)(C) Notwithstanding the provisions of Section 24-3-10 or any other provisions of law, the department shall make available for use in litter control and removal any or all prison inmates not engaged in programs determined by the department to be more beneficial in terms of rehabilitation and cost effectiveness. Provided, however, that the The department of Corrections shall not make available for litter control those inmates who, in the judgment of the director, pose a significant threat to the community or who are not physically, mentally, or emotionally able to perform work required in litter control. No inmate shall must be assigned to a county prison facility except upon written acceptance of the inmate by the chief county administrative officer or his designee and no prisoner may be assigned to litter control in a county which maintains a facility unless he is assigned to the county prison facility. The department of Corrections shall include in its annual report to the Budget and Control Board an analysis of the job and program assignments of inmates. This plan shall include such programs as litter removal, prison industries, work release, education, and counseling. The department of Corrections shall make every effort to minimize not only inmate idleness but also occupation in marginally productive pursuits. The State Budget and Control Board and the Governor's Office shall comment in writing to the department concerning any necessary alterations in this plan.
(d)(D) The department of Corrections may establish a restitution program for the purpose of allowing persons convicted of nonviolent offenses who are sentenced to the State department of Corrections to reimburse the victim for the value of the property stolen or damages caused by such the offense. In the event that there is no victim involved, the person convicted shall contribute to the administration of the program. The department of Corrections is authorized to promulgate regulations necessary to administer the program.
(e)(E) In the event that a person is sentenced to not more than seven years and for not more than a second offense for the following offenses: larceny, grand larceny, forgery and counterfeiting, embezzlement, stolen property, damage to property, receiving stolen goods, shoplifting, housebreaking, fraud, vandalism, breach of trust with fraudulent intent, and storebreaking, the judge shall establish at the time of sentencing a maximum amount of property loss which may be used by the South Carolina department of Corrections in the administration of the restitution program."
SECTION 14. Section 24-3-35 of the 1976 Code is amended to read:
"Section 24-3-35. The governing body of any a county in this State may allow prisoners under the county's jurisdiction who are housed in a county prison facility and who are serving a sentence of ninety days or less to perform litter removal functions within the county. The governing body of each county by ordinance shall be is authorized to and shall establish guidelines for such litter removal by prisoners, which. The guidelines shall must include a provision for a reduction of the sentence of the prisoners so used not to exceed a one-day reduction of the sentence for each two days of litter removal work performed. No prisoner is eligible for early release or discharge, regardless of credit received for litter removal work, until the minimum sentence requirements provided in Section 24-13-150 are met."
SECTION 15. Section 24-3-210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-3-210. (A) The director may extend the limits of the place of confinement of a prisoner, as to whom where there is reasonable cause to believe he will honor his trust, by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to:
(1) contact prospective employers;
(2) secure a suitable residence for use when released on parole or upon discharge;
(3) obtain medical services not otherwise available;
(4) participate in a training program in the community or any other compelling reason consistent with the public interest;
(5) visit or attend the funeral of a spouse, child (including stepchild, adopted child, or child as to whom the prisoner, though not a natural parent, has acted in the place of a parent), parent (including a person, though not a natural parent, who has acted in the place of a parent), brother, or sister.
(B) The director also may similarly extend the limits of the place of confinement of a terminally ill inmate for an indefinite length of time when there is reasonable cause to believe that such the inmate will honor his trust.
(C) The wilful failure of a prisoner to remain within the extended limits of his confinement or return within the time prescribed to the places of confinement designated by the director shall be deemed is considered an escape from the custody of the director punishable as provided in Section 24-13-410."
SECTION 16. Section 24-3-410(B)(1) of the 1976 Code, as last amended by Act 19 of 1991, is further amended to read:
"(1) articles manufactured or produced by persons on parole or probation;"
SECTION 17. Section 24-13-210 of the 1976 Code, as last amended by Section 437, Act 181 of 1993, is further amended to read:
"Section 24-13-210. (a)(A) Each A prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections including those prisoners a prisoner serving time in a local facility pursuant to a designated facilities agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution wherein where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of twenty days for each month served. However, no prisoner is entitled to a reduction below the minimums provided in Section 24-13-150. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good behavior credit shall be computed.
(b)(B) Each A prisoner convicted of an offense against this State and confined in a local correctional facility, or upon the public works of any county in this State, whose
record of conduct shows that he has faithfully observed all the rules of the institution wherein where he is confined, and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of one day for every two days served. However, no prisoner is entitled to a reduction below the minimums provided in Section 24-13-150. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which good behavior credits must be computed.
(c)(C) If, during the term of imprisonment, a prisoner commits any an offense or violates any one of the rules of the institution, all or any part of his good conduct time may be forfeited at the discretion of the Director of the Department of Corrections, if the prisoner be is confined in facilities of the department, or in the discretion of the local official having charge of prisoners sentenced to terms of imprisonment at the local level. The decision to withhold forfeited good conduct time is solely the responsibility of officials named in this subsection.
(d)(D) Any A person who has served the term for which he has been sentenced, less deductions allowed therefrom for good conduct, is considered upon release to have served the entire term for which he was sentenced."
SECTION 18. Section 24-13-230(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(a) The Director of the Department of Corrections may allow any a prisoner in the custody of the department, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of zero to one day for every two days he is employed or enrolled. However, no inmate serving the sentence of life imprisonment is entitled to credits under this provision. A maximum annual credit for both work credit and class credit is limited to one hundred eighty days. The amount of credit to be earned for each duty classification or enrollment must be determined by the director and published by him in a conspicuous place available to inmates at each correctional institution. No credits earned under this section may be applied in a manner which would prevent full participation in the department's prerelease and community supervision program."
SECTION 19. Section 24-13-1310(1) of the 1976 Code, as last amended by Act 520 of 1992, is further amended to read:
"(1) 'Eligible inmate' means a person committed to the South Carolina Department of Corrections:
(a) who has not reached the age of thirty years at the time of admission to the department;
(b) who is eligible for release on parole in two years or less;
(c) who has not been convicted of a violent crime as defined in Section 16-1-60;
(d)(c) who has not been incarcerated previously in a state correctional facility or has not served a sentence previously in a shock incarceration program;
(e)(d) who physically is able to participate in the program;
(f)(e) whose sentence specifically does not prohibit the offender from participating in the shock incarceration program."
SECTION 20. Section 24-13-1320(B) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(B) For each reception center the commissioner director shall appoint or cause to be appointed a shock incarceration selection committee which must include at least one representative of the Department of Probation, Parole, and Pardon Services Community Supervision and which shall meet on a regularly scheduled basis to review all applications for a program."
SECTION 21. Section 24-13-1330 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-13-1330. (A) An eligible inmate may make an application to the shock incarceration screening committee for permission to participate in a shock incarceration program. If the department has a victim witness notification request for an eligible inmate who has made an application, it shall notify the victim of the application. Upon order by the court, the committee may consider an inmate for participation in the shock incarceration program. (B) The committee shall consider input received from law enforcement agencies, victims, and others in making its decision for approval or disapproval of participation. If the committee determines that an inmate's participation in a program is consistent with the safety of the community, the welfare of the applicant, and the regulations of the department, the committee shall forward the application to the commissioner director or his designee for approval or disapproval.
(C)(B) An applicant may not participate in a program unless he agrees to be bound by all of its terms and conditions and indicates this agreement by signing the following:
'I accept the foregoing program and agree to be bound by its terms and conditions. I understand that my participation in the program is a privilege that may be revoked at the sole discretion of the commissioner director. I understand that I shall complete the entire program successfully to obtain a certificate of earned eligibility upon the completion of the program, and if I do not complete the program successfully, for any reason, I will be transferred to a nonshock incarceration correctional facility to continue service of my sentence.'
(D)(C) An inmate who has completed a shock incarceration program successfully is eligible to receive a certificate of earned eligibility and must be granted parole release released to community supervision for a period of five years, notwithstanding the provisions of Section 24-21-560, and with the requirement to pay restitution, if applicable.
(E)(D) Participation in a shock incarceration program is a privilege. Nothing contained in this article confers upon an inmate the right to participate or continue to participate in a program."
SECTION 22. Section 24-13-1520(1) and (2) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(1) 'Department' means, in the case of a juvenile offender, the Department of Juvenile Justice and, in the case of an adult offender, the Department of Probation, Parole and Pardon Services Community Supervision, the Department of Corrections, and any other law enforcement agency created by law.
(2) 'Court' means a circuit or family court having criminal or juvenile jurisdiction to sentence an individual to incarceration for a violation of law, the Department of Probation, Parole and Pardon Services Community Supervision, Board of Juvenile Parole, and the Department of Corrections."
SECTION 23. Section 24-13-1590(2) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(2) diminishes the lawful authority of the courts of this State, the Department of Juvenile Justice, or the Department of Probation, Parole and Pardon Services Community Supervision to regulate or impose conditions for probation or parole."
SECTION 24. Section 24-19-160 of the 1976 Code is amended to read:
"Section 24-19-160. Nothing in this chapter shall limit limits or affect affects the power of any a court to suspend the imposition or execution of any a sentence and place a youthful offender on probation.
Nothing in this chapter shall may be construed in anywise to amend, repeal, or affect the jurisdiction of the Department of Probation, Parole, and Pardon Services Board Community Supervision. For parole purposes, a sentence pursuant to Section 24-19-50 (c) shall be considered a sentence for six years."
SECTION 25. Section 24-21-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-10. (A) The Department of Probation, Parole and Pardon Services Community Supervision, hereafter referred to as the 'department', is governed by the director of Probation, Parole and Pardon Services the department, hereafter referred to as the 'director'. The director must be appointed by the Governor with the advice and consent of the Senate.
(B) The Board of Probation, Parole and Pardon Services Pardons is composed of seven members. The terms of office of the members are for six years and until their successors are appointed and qualify. Six of the seven members must be appointed from each of the congressional districts and one member must be appointed at-large. Vacancies must be filled by gubernatorial appointment with the advice and consent of the Senate for the unexpired term. If a vacancy occurs during a recess of the Senate, the Governor may fill the vacancy by appointment for the unexpired term pending the consent of the Senate. A chairman must be elected annually by a majority of the membership of the board. The chairman may serve consecutive terms."
SECTION 26. Section 24-21-13 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-13. (A) It is the duty of the director to oversee, manage, and control the department. The director shall develop written policies and procedures for the following:
(1) the supervising of offenders on probation, parole, and other offenders released from incarceration prior to the expiration of their sentence community supervision;
(2) the granting of paroles and pardons and the supervision and removal of offenders on community supervision and other offenders released from incarceration before the expiration of their sentence. Community supervision is a form of clemency which is decided administratively by the Department of Probation and Community Supervision. No inmate or future inmate shall have a 'liberty interest' or an 'expectancy of release' in community supervision. There is no right to appeal the revocation decision;
(3) the operation of community-based correctional programs; and
(4) the operation of public work sentence programs for offenders as provided in item (1) of this subsection. This program also may be utilized as an alternative to technical revocations.; and
(5) the development of additional work release programs.
The director shall establish priority programs for litter control along state and county highways. This must be included in the 'public service work' program.
(B) It is the duty of the board to consider cases for parole, and pardon, and any other form of clemency provided for under law."
SECTION 27. Section 24-21-30 of the 1976 Code is amended to read:
"Section 24-21-30. All persons who commit a crime after June 30, 1995, are not eligible for parole consideration. For crimes committed before July 1, 1995, the board shall hold regular meetings, as may be necessary to carry out its duties, but at least four times each year, and as many extra meetings as the chairman, or the Governor acting through the chairman, may order. The board may preserve order at its meetings and punish any disrespect or contempt committed in its presence. The chairman may direct the members of the board to meet as three-member panels to hear matters relating to paroles and pardons as often as necessary to carry out the board's responsibilities. Membership on such panels shall be periodically rotated on a random basis by the chairman. At the meetings of the panels, any unanimous vote shall be considered the final decision of the board, and the panel may issue an order of parole with the same force and effect of an order issued by the full board pursuant to Section 24-21-650. Any vote that is not unanimous shall not be considered as a decision of the board and the matter shall be referred to the full board which shall decide it based on a vote of a majority of the membership. The board may grant parole to a violent offender by a two-thirds majority vote of the full board. The board may grant parole to an offender who committed a violent crime before June 3, 1986, by a majority vote. The board may grant parole to a nonviolent offender by a unanimous vote of a three-member panel or by a majority vote of the full board."
SECTION 28. Section 24-21-50 of the 1976 Code is amended to read:
"Section 24-21-50. The board shall grant hearings and permit arguments and appearances by counsel or any individual before it at any such hearing while considering any a case for parole, or pardon or any other form of clemency provided for under law."
SECTION 29. Section 24-21-60 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-60. Every Each city, county, or state official or department shall assist and cooperate to further the objectives of this chapter. The board, the director of the department, and the probation agents may seek the cooperation of officials and departments and especially of the sheriffs, jailers, magistrates, police officials, and institutional officers. The director may conduct surveys of the State Penitentiary, county jails, and camps and obtain information to enable the board to pass intelligently upon all applications for parole. The Director of the Department of Corrections and the wardens, jailers, sheriffs, supervisors, or other officers in whose control a prisoner may be committed must aid and assist the director and the probation agents in the surveys."
SECTION 30. Section 24-21-80 of the 1976 Code, as last amended by Section 26, Part II, Act 164 of 1993, is further amended to read:
"Section 24-21-80. Every person granted parole by the board and every An adult placed on probation, parole, or community supervision by a court of competent jurisdiction shall pay a regular supervision fee toward offsetting the cost of his supervision for so long as he remains under supervision. The regular supervision fee must be determined by the Department of Probation and Community Supervision based upon the ability of the person to pay. The fee must be not less than twenty dollars nor more than one hundred dollars per month. The fee is due on the date of sentencing or as soon as determined by the department and each subsequent anniversary for the duration of the supervision period. The department shall remit from the fees collected an amount not to exceed the regular supervision fees collected during fiscal year 1992-93 for credit to the State General Fund. All regular supervision fees collected in excess of the fiscal year 1992-93 amount must be retained by the department, carried forward, and applied to the department's operation. The payment of the fee must be a condition of parole or probation, parole, or community supervision and a delinquency of two months or more in making payments may operate as a revocation of parole or probation rendering the violator liable to serving out any remaining part of his sentence, after determination by the board or the court.
If a probationer is placed under intensive supervision by a court of competent jurisdiction, or if the board department places a parolee under intensive supervision, or if an inmate who is participating in the Supervised Furlough Program is placed community supervision program under intensive supervision, the probationer, parolee, or inmate is required to pay not less than ten dollars nor more than thirty dollars each week for the duration of intensive supervision in lieu of the regular supervision fee. The intensive supervision fee must be determined by the department based upon the ability of the person to pay. Fees derived from persons under intensive supervision must be retained by the department, carried forward, and applied to the department's operation. The department may exempt any individual supervised by the department on any community supervision program from the payment of a part or all of the yearly or weekly fee during any part or all of the supervision period if the department determines that these payments work a severe hardship on the individual. Delinquencies of two months or more in payment of a reduced fee operates in the same manner as delinquencies for the full amount. The department may substitute public service employment for supervision fees when it considers the same to be in the best interest of the State and the individual."
SECTION 31. Section 24-21-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-220. The director shall be is vested with the exclusive management and control of the department and shall be is responsible for the management of the department and for the proper care, treatment, supervision, and management of offenders under its control. The director shall manage and control the department and it shall be is the duty of the director to carry out the policies of the department. The director is responsible for scheduling board meetings, assuring that the proper cases and investigations are prepared for the board, maintaining the board's official records, and performing other administrative duties relating to the board's activities. The director must employ within his office such personnel as may be necessary to carry out his duties and responsibilities including the functions of probation, and parole, and community supervision, community based programs, financial management, research and planning, staff development and training, and internal audit. The director shall make annual written reports to the board, the Governor, and the General Assembly providing statistical and other information pertinent to the department's activities."
SECTION 32. Section 24-21-230 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-230. The director must employ such probation agents as required for service in the State and such clerical assistants as may be necessary. Such The probation and parole agents must take and pass such psychological and qualifying examinations as directed by the director. The director must ensure that each probation agent receives adequate training. Until such the initial employment requirements are met, no person may take the oath of a probation agent nor exercise the authority granted thereto to them."
SECTION 33. Section 24-21-280 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-280. A probation agent must investigate all cases referred to him for investigation by the judges or director and report in writing. He must furnish to each person released on probation, parole, or community supervision under his supervision a written statement of the conditions of probation, parole, or community supervision and must instruct him regarding them. He must keep informed concerning the conduct and condition of each person on probation, or parole, or community supervision under his supervision by visiting, requiring reports, and in other ways, and must report in writing as often as the court or director may require. He must use practicable and suitable methods to aid and encourage persons on probation, or parole, or community supervision to bring about improvement in their conduct and condition. A probation agent must keep detailed records of his work, make reports in writing, and perform other duties as the director may require. A probation agent must have, in the execution of his duties, the power to issue an arrest warrant or a citation charging a violation of conditions of supervision, the powers of arrest, and to the extent necessary the same right to execute process given by law to sheriffs. In the performance of his duties of probation, and parole, and community supervision, and investigation and supervision, he is regarded as the official representative of the court, and the department, and the board."
SECTION 34. Section 24-21-300 of the 1976 Code is amended to read:
"Section 24-21-300. At any time during a period of supervision, a probation and parole agent, instead of issuing a warrant, may issue a written citation and affidavit setting forth that the probationer, parolee, or community supervision releasee, or any a person released or furloughed under the Prison Overcrowding Powers Offender Management Systems Act in the agent's judgment violates the conditions of his release or suspended sentence. The citation must be directed to the probationer, parolee, the community supervision releasee, or the person released or furloughed, and must require him to appear at a specified time, date, and court or other place, and must state the charges. The citation must set forth the probationer's, parolee's, or released or furloughed person's rights and contain a statement that a hearing will be held in his absence if he fails to appear and that he may be imprisoned as a result of his absence. The citation may be served by a law enforcement officer upon the request of a probation and parole agent. The issuance of a citation or warrant during the period of supervision gives jurisdiction to the court and the board at any hearing on the violation."
SECTION 35. Section 24-21-910 of the 1976 Code is amended to read:
"Section 24-21-910. The Probation, Parole, and Pardon Services Board of Pardons shall consider all petitions for reprieves or the commutation of a sentence of death to life imprisonment which may be referred to it by the Governor and shall make its recommendations to the Governor regarding such the petitions. The Governor may or may not adopt such the recommendations but in case he does not he shall submit his reasons for not doing so to the General Assembly. The Governor may act on any such petition without reference to the board."
SECTION 36. Section 24-21-950 of the 1976 Code is amended to read:
"Section 24-21-950. (A) The following guidelines shall must be utilized by the board when determining when an individual is eligible for pardon consideration.
A.(1) Probationers shall must be considered upon the request of the individual anytime after discharge from supervision.
B. Persons discharged from a sentence without benefit of parole shall be considered upon the request of the individual anytime after the date of discharge.
C. Parolees shall be considered for a pardon upon the request of the individual anytime after the successful completion of five years under supervision. Parolees successfully completing the maximum parole period, if less than five years, shall be considered for pardon upon the request of the individual anytime after the date of discharge.
D. An inmate shall be considered for pardon prior to parole eligibility date only when he can produce evidence comprising the most extraordinary circumstances.
E.(2) The victim of a crime or any a member of a convicted person's family living within this State may petition for a pardon for any a person who is no longer an inmate or a probationer.
(B) Persons discharged from a sentence without benefit of supervision must be considered upon the request of the individual anytime after the date of discharge."
SECTION 37. Section 24-23-20 of the 1976 Code is amended to read:
"Section 24-23-20. The case classification plan shall must provide for case classification system consisting of the following:
(a)(1) supervisory control requirements which include, but are not limited to, restrictions on the probationer/parolee's movement in the community, living arrangements, social associations, and reporting requirements;
(b)(2) rehabilitation needs of probationer/parolee including, but not limited to, employment, education, training, alcohol and drug treatment, counseling and guidance with regard to alcohol and drug abuse, psychological or emotional problems, or handicaps;
(c)(3) categorization of the offender as to the extent and type of staff time needed, possible assignment to specialized caseload or treatment programs, and specifics as to the degree of perceived risk posed by the probationer/parolee;
(d)(4) identification of strategies and resources to meet the identified needs, and specific objectives for the probationer/parolee to strive to meet such as obtaining employment, participating in a counseling program, and securing better living arrangements;
(e)(5) periodic and systematic review of cases to assess the adequacy of supervisory controls, participation in rehabilitation programs, and need for recategorization based upon the behavior and progress of the probationer/parolee; and
(f)(6) regular statewide monitoring and evaluation of the case classification by appropriate supervisory, classification, and program development/ and evaluation staff in the central administrative office."
SECTION 38. Section 24-23-30 of the 1976 Code is amended to read:
"Section 24-23-30. The community corrections plan shall must include, but is not be limited to, describing the following community-based program needs:
(a)(1) an intensive supervision program for probationers and parolees supervised prisoners who require more than average supervision;
(b)(2) a supervised inmate furlough or community supervision program whereby inmates under the jurisdiction of the Department of Corrections can be administratively transferred to the supervision of state probation and parole community supervision agents for the purposes of pre-release preparation, securing employment and living arrangements, or obtaining rehabilitation services;
(c)(3) a contract rehabilitation services program whereby private and public agencies, such as the Department of Vocational Rehabilitation and the Department of Mental Health and the various county commissions on alcohol and drug abuse, provide diagnostic and rehabilitative services to offenders who are under the board's jurisdiction;
(d)(4) community-based residential programs whereby public and private agencies as well as the board establish and operate halfway houses for those offenders who cannot perform satisfactorily on probation or parole community supervision;
(e)(5) expanded use of presentence investigations and their role and potential for increasing the use of community-based programs, restitution, and victim assistance; and
(f)(6) identification of programs for youthful and first offenders."
SECTION 39. Section 24-23-40 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-23-40. The community corrections plan shall provide for the department's:
(a)(1) The department's development, implementation, monitoring, and evaluation of statewide policies, procedures, and agreements with state agencies, such as the Departments Department of Vocational Rehabilitation, the Department of Mental Health, and the Department of Alcohol and Other Drug Abuse Services, for purposes of coordination and referral of probationers, and parolees, and community supervision releasees for rehabilitation services.
(b)(2) The department's development of specific guidelines for the vigorous monitoring of restitution orders and fines to increase the efficiency of collection and development of a systematic reporting system so as to notify the judiciary of restitution and fine payment failures on a regular basis.
(c)(3) The department's development of a program development and evaluation capability so that the department can monitor and evaluate the effectiveness of the above programs as well as to conduct research and special studies on such issues as parole outcomes, revocations and recidivism.
(d)(4) The department's development of adequate training and staff development for its employees."
SECTION 40. The second paragraph of Section 24-23-115 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"The Department of Probation, Parole and Pardon Services Community Supervision shall establish by regulation pursuant to the Administrative Procedures Act a definition of the term 'public service work', and a mechanism for supervision of persons performing public service work."
SECTION 41. Section 24-23-130 of the 1976 Code, as last amended by Act 134 of 1991, is further amended to read:
"Section 24-23-130. Upon the satisfactory fulfillment of the conditions of probation or community supervision for a period of two years, the court may, with the recommendation of the agent in charge of the responsible county probation office, may terminate the probationer or supervised prisoner from supervision."
SECTION 42. Section 24-23-210(B) of the 1976 Code, as last amended by Section 41A, Part II, Act 171 of 1991, is further amended to read:
"(B) When a person is convicted, pleads guilty or nolo contendere, and is sentenced to payment of a fine or when a person forfeits bond to an offense within the jurisdiction of the court of general sessions, there is imposed an assessment, in addition to any other cost or fine imposed by law, in the sum of thirty dollars.
If an offender is sentenced to probation or imprisonment and probation without the imposition of a fine, the assessment must be collected by the clerk of court as a condition of probation. If a defendant is sentenced to imprisonment and is later released to the supervision of the Department of Probation, Parole, and Pardon Services Community Supervision and has not otherwise paid the assessment, the assessment must be collected as a condition of supervision, regardless of the type of original sentence imposed.
In any court, when When sentencing a person convicted of an offense which has proximately caused physical injury or death to the victim, the court may order the defendant to pay a restitution charge commensurate with the offense committed, not to exceed ten thousand dollars, to the Victim's Compensation Fund State Office of Victim Assistance. Any A circuit court judge may waive or suspend the imposition of all or part of the assessment made under this subsection upon finding that the assessment would place severe financial hardship upon the offender or his family."
SECTION 43. The second paragraph of Section 24-23-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Assessments imposed as a condition of supervision upon release from prison as specified in Section 24-23-210 must be collected by the supervising agent who shall transmit those funds to the Department of Probation, Parole and Pardon Services Community Supervision where it must be deposited in to the State treasury Treasurer. The county treasurer, after duly noting and recording the receipt of the payments, shall transfer those funds to the State Treasurer who shall deposit them in the state's general fund. Assessments collected by municipal courts must be paid monthly to the municipal financial officer who, after duly noting and recording the receipt of the payments, shall transfer those funds to the State Treasurer as provided in this section. From these funds, an amount equal to one-half of the amount deposited in fiscal year 1986-87 must be appropriated to the department for the purpose of developing and operating community corrections programs. The remainder of the funds must be deposited in the Victim's Compensation Fund. The director shall monitor the collection and reporting of these assessments imposed as a condition of supervision and assure that they are transferred properly to the State Treasurer."
SECTION 44. Article 7 of Chapter 21 of Title 24, Sections 24-1-200, 24-3-40, 24-3-50, 24-13-60, 24-13-270, 24-13-710, and 24-13-720 of the 1976 Code are repealed.
SECTION 45. The Code Commissioner is directed to change all references in the Code of Laws of South Carolina, 1976, to the "Board of Probation, Parole and Pardon Services" and the "Probation, Parole and Pardon Board" or to the "Department of Probation, Parole and Pardon Services" and the "Department of Probation, Pardon and Parole" to the "Board of Pardons" and the "Department of Probation and Community Supervision" respectively.
SECTION 46. Upon approval by the Governor, this part takes effect July 1, 1995, and applies to all crimes committed on or after that date./
Renumber sections to conform.
Amend totals and title to conform.
Rep. McTEER moved to table the amendment.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Breeland Byrd Canty McMahand McTeer Neal
Those who voted in the negative are:
Alexander, T.C. Allison Baker Baxley Brown, H. Cato Chamblee Clyborne Corning Delleney Elliott Fair Farr Fulmer Gamble Gonzales Govan Harrell Harris, J. Harris, P. Harwell Haskins Hodges Houck Hutson Inabinett Keegan Kelley Keyserling Kinon Klauber Koon Lanford Law Littlejohn Marchbanks Martin McCraw Meacham Moody-Lawrence Phillips Richardson Robinson Rogers Sheheen Simrill Smith, R. Spearman Stille Stoddard Stone Trotter Tucker Vaughn Waites Waldrop Walker Wells Wilkins Wofford Worley Wright Young, A. Young, R.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. ROGERS proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\N05\7952BDW.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Section 20-7-2205, as last amended by Acts 131 and 181 of 1993, of the 1976 Code is further amended to read:
"Section 20-7-2205. A child who is guilty of a violation of law or other misconduct which would not be a criminal offense if committed by an adult, including a child who has been found in contempt of court for violation of a court order related to the violation or misconduct or a child who violates the conditions of probation for an offense, must not be committed to the custody of a correctional institution operated by the Department of Juvenile Justice or to secure evaluation centers operated by the department."
B. The 1976 Code is amended by adding:
"Section 20-7-2207. (A) The Department of Juvenile Justice shall develop and implement an alternative residential program for status offenders and juveniles found in contempt of court for violation of a court order issued for a status offense. This program must comply with Section 20-7-2205, and juveniles in the program must be maintained in facilities and have supervision and programming that meets Medicaid management group home standards. However, juveniles in the residential program must not be placed in facilities with other group home populations.
(B) Residential and program clinical staff shall supervise program treatment and shall conduct family and home environmental needs assessments.
(C) Appropriate educational programs must be provided to the program clients.
(D) A juvenile who successfully completes the residential program must be transferred to the juvenile's home community for intensive community supervision by the Department of Juvenile Justice which must include weekly face to face supervisory sessions and telephone contacts as needed. In preparation for transfer to the intensive community program, the residential program clinical staff shall collaborate with the Department of Juvenile Justice staff to formulate community treatment plans containing supervisory and treatments goals, objectives, and interventions.
(E) A juvenile who fails to comply with the community treatment plan must be returned to the residential program and must remain at the facility for the duration of the placement."
C. This section takes effect upon approval by the Governor, except subsection B takes effect subject to the General Assembly appropriating sufficient funds to carry out its provisions./
Renumber sections to conform.
Amend title to conform.
Rep. ROGERS explained the amendment.
The amendment was then adopted.
Rep. LANFORD proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\PT\1352DW.94), which was adopted.
Amend the bill, as and if amended, page 26, line 16, by striking /wedding bands and/ and striking after /value/ /$35.00/ and inserting /of $35.00 and wedding bands/.
Amend the bill further, page 27, line 34, inserting after /system/ /, except prisoners on work release or in other community based programs/.
Amend title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
Rep. CLYBORNE proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\DKA\3445DW.94), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. The 1976 Code is amended by adding:
"Section 24-13-100. Notwithstanding another provision of law, no prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including those prisoners serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is eligible for work release until the prisoner has served not less than:
(1) eighty percent of the term of imprisonment imposed if the prisoner committed a 'violent' crime as defined under Section 16-1-60, irrespective of whether the prisoner is considered a violent offender; or
(2) seventy percent of the term of imprisonment imposed if the prisoner is considered 'nonviolent' as defined under Section 16-1-70."
SECTION __. The 1976 Code is amended by adding:
"Section 24-13-150. (A) Notwithstanding another provision of law, a prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facilities agreement authorized by Section 24-3-20, is not eligible for early release, discharge, or community supervision until the prisoner has served:
(1) ninety percent of the term of imprisonment imposed if the offender committed a 'violent' crime as defined in Section 16-1-60, irrespective of whether the prisoner is considered a violent offender; or
(2) eighty percent of the term of imprisonment imposed if the offender is considered 'nonviolent' as defined in Section 16-1-70.
(B) The percentages in subsection (A) must be calculated without the application of earned work credits, education credits, and good time credits."/
Renumber sections to conform.
Amend title to conform.
Rep. CLYBORNE explained the amendment.
The amendment was then adopted.
Rep. CLYBORNE proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\N05\7955DW.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 17-25-45 of the 1976 Code is amended to read:
"Section 17-25-45. (1)A. Notwithstanding any other provision of law, any person who has three convictions under the laws of this State, any other state, or the United States, for a violent crime as defined in Section 16-1-60 except a crime for which a sentence of death has been imposed shall, upon the third conviction in this State for such crime, be sentenced to life imprisonment without parole.
B. For the purpose of this section only, a conviction is considered a second conviction only if the date of the commission of the second crime occurred subsequent to the imposition of the sentence for the first offense. A conviction is considered a third conviction only if the date of the commission of the third crime occurred subsequent to the imposition of the sentence for the second offense. Convictions totaling more than three must be determined in a like manner.
(2) The decision to invoke sentencing under subsection (1) shall be in the discretion of the solicitor.
(A) As used in this section:
(1) 'Most serious offense' means:
(a) those felonies enumerated in Section 16-1-90(A);
(b) those felonies enumerated in Section 16-1-60(A) not referenced in Section 16-1-90(A);
(c) any federal or out-of-state conviction for an offense which would be classified as a felony offense under subitems (a) and (b) above.
Most serious offense does not include a conviction or entry of a plea of guilty or nolo contendere occurring before January 1, 1980, for the purpose of sentencing under this section.
(2) 'Serious offense' means:
(a) an offense within the jurisdiction of general sessions court, except traffic offenses listed in Chapter 5, Title 56, but not excepting those in Article 23, Chapter 5, Title 56 of the 1976 Code;
(b) any federal or out-of-state conviction for an offense which would be within the jurisdiction of general sessions court had the charges been brought in the courts of this State, except traffic offenses listed in Chapter 5, Title 56, but not excepting those in Article 23, Chapter 5, Title 56 of the 1976 Code.
Serious offense does not include a conviction or entry of a plea of guilty or nolo contendere occurring before January 1, 1980, for the purpose of sentencing under this section.
(3) 'Two or more prior convictions' means the defendant has been convicted of or entered a plea of guilty or nolo contendere to a most serious offense on at least two separate occasions before the instant adjudication.
(4) 'Four or more prior convictions' means the defendant has been convicted of or entered a plea of guilty or nolo contendere to a serious offense on at least four separate occasions before the instant adjudication.
(B) Notwithstanding other provisions of law, except in the case of where the death penalty is imposed, upon conviction or an entry of a plea of guilty or nolo contendere for a more serious offense, the defendant must be imprisoned for life without eligibility for parole if the defendant has two or more prior convictions for a most serious offense.
(C) Notwithstanding other provisions of law, except in the case of where the death penalty is imposed, upon conviction or an entry of a plea of guilty or nolo contendere for a most serious offense, the defendant must be imprisoned for life and is not eligible for parole until service of thirty years if that defendant has one prior conviction or entry of a plea of guilty or nolo contendere for a most serious offense.
(D) Notwithstanding other provisions of law, except in the case of where the death penalty is imposed, upon conviction or an entry of a plea of guilty or nolo contendere for a serious offense, the defendant must be imprisoned for life and is not eligible for parole until service of twenty years if that defendant has four or more prior convictions for a serious offense.
(E) A person sentenced pursuant to this section must not be considered or granted early release pursuant to the provisions enacted to ameliorate prison overcrowding.
(F) A presiding judge, law enforcement agency, Board of Probation, Pardon Services, and Community Supervision, or a state or local correctional facility may provide offenders convicted of a most serious offense or a serious offense notice of the sentence which must be imposed upon subsequent conviction for a most serious or serious offense. Providing notice is not required and is within the discretion of the individual and entities referenced. The adequacy of any notice provided, or the failure to provide notice, is not subject to judicial review and does not create a liability upon the State, its agencies or departments, or any state or local political subdivision or its agents.
(G) The provisions of this section do not apply if the mandatory minimum sentence for the instant adjudication under other provisions of the law would exceed the provisions of this section."/
Renumber sections to conform.
Amend title to conform.
Rep. CLYBORNE explained the amendment.
Rep. HODGES spoke against the amendment.
Rep. CLYBORNE spoke in favor of the amendment.
The amendment was then adopted by a division vote of 64 to 19.
Rep. CLYBORNE proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\N05\7956DW.94), which was ruled out of order.
Amend the bill, as and if amended, by adding an apprpriately numbered SECTION to read:
SECTION____. Section 14-7-1110 of the 1976 Code, as last amended by Act 10 of 1987, is further amended to read:
"Section 14-7-1110. Any A person who is arraigned for the crime of murder, manslaughter, burglary, arson, criminal sexual conduct, armed robbery, grand larceny, or breach of trust when it is punishable as for grand larceny, perjury, or forgery is entitled to peremptory challenges not exceeding ten, and the State in these cases is entitled to peremptory challenges not exceeding five ten. Any A person who is indicted for any crime or offense other than those enumerated above has the right to peremptory challenges not exceeding five, and the State in these cases is entitled to peremptory challenges not exceeding five. No right to stand aside jurors is allowed to the State in any case whatsoever. In no case where there is more than one defendant jointly tried are more than twenty peremptory challenges allowed in all to the defendants, and in misdemeanors when there is more than one defendant jointly tried no more than ten peremptory challenges are allowed in all to the defendants. In felonies when there is more than one defendant jointly tried the State has ten challenges."
Renumber sections to conform.
Amend title to conform.
Rep. CLYBORNE explained the amendment.
Rep. HODGES raised the Point of Order that Amendment No. 17 was out of order as it was not germane.
Rep. CLYBORNE argued contra the Point in stating that the amendment was merely amending another section of Section 14, which was comprehensive throughout the amendment.
The SPEAKER stated that it was in Title 14, but it had a number of chapters in it and nothing in any of the other ones dealt with Chapter 7, which was what this dealt with and he sustained the Point of Order and ruled the amendment out of order.
Rep. CLYBORNE proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\PT\1354DW.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. Section 17-27-60 of the 1976 Code is amended to read:
"Section 17-27-60. If the applicant is unable to pay court costs and expenses of representation, including stenographic, printing and legal services, these costs and expenses shall must be made available to the applicant in the trial court, and on review, in amounts and to the extent funds are made available to indigent defendants by the General Assembly. Notwithstanding other provisions of law, costs of representation or attorney fees for proceedings under this section may not be provided to indigent defendants."/
Renumber sections to conform.
Amend title to conform.
Rep. CLYBORNE explained the amendment.
The amendment was then adopted.
Rep. CLYBORNE proposed the following Amendment No. 19 (Doc Name L:\council\legis\amend\N05\7954DW.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. Section 16-3-26(E) of the 1976 Code, as added by Section 45, Part II, Act 164 of 1993, is amended to read:
"(E) After completion of the trial, the court shall conduct a hearing to review and validate the fees, costs, and other expenditures on behalf of the defendant. The county in which the trial was heard must be a party at the hearing."/
Renumber sections to conform.
Amend title to conform.
Rep. CLYBORNE explained the amendment.
The amendment was then adopted.
Reps. DELLENEY and HODGES proposed the following Amendment No. 20 (Doc Name L:\council\legis\amend\\30255DW.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. The 1976 Code is amended by adding:
"Section 16-3-22. In all cases where life imprisonment is an option, 'life' means until death."/
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
The amendment was then adopted.
Reps. HUTSON, CROMER, MEACHAM, CLYBORNE, GONZALES, WITHERSPOON, SHARPE, KEEGAN, STILLE, BAKER, WOFFORD, CORNING, KOON, SHISSIAS, KELLEY, VAUGHN, BAXLEY, G. BAILEY, R. SMITH, FULMER, WELLS, J. BAILEY, SIMRILL, BARBER, PHILLIPS, KIRSH, GRAHAM, FAIR, RICHARDSON, CATO, WAITES, H. BROWN, ALLISON, LANFORD, RISER, JASKWHICH, WALDROP, WRIGHT, STONE, A. YOUNG and HALLMAN proposed the following Amendment No. 21 (Doc Name L:\council\legis\amend\CYY\16142AC.94), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/SECTION _____. Section 16-3-26 of the 1976 Code is amended by adding at the end:
"(H) Notwithstanding any other provision of law, the State is financially responsible for cost allowed by law in the defense of indigents in capital cases and any funds previously apportioned to or carried over for use by the counties for the defense of these cases must be maintained in the Death Penalty Trial Fund to be administered statewide by the Commission on Indigent Defense."
SECTION ___. Section 16-3-26(F) of the 1976 Code, as added by Act 164 of 1993, is amended to read:
"(F) The Supreme Court shall promulgate guidelines on the expertise and qualifications necessary for attorneys to be certified as competent to handle death penalty cases. Additionally, the Supreme Court, through Court Administration, shall promulgate a list of standard fees and expenses for use in the defense of indigents. The list must be reviewed biennially and adjusted as necessary by Court Administration."/
Renumber sections to conform.
Amend title to conform.
Rep. HUTSON explained the amendment.
Rep. HODGES spoke against the amendment.
Rep. HUTSON spoke in favor of the amendment.
Rep. HODGES raised the Point of Order that Amendment No. 21 was out of order as it was not germane.
Rep. HUTSON argued contra the Point in stating the amendment was germane in relationship to the other amendments.
The SPEAKER stated that it was germane and he overruled the Point of Order.
Rep. HODGES moved to table the amendment, which was not agreed to by a division vote of 29 to 37.
The amendment was then adopted.
Rep. NEAL proposed the following Amendment No. 22 (Doc Name L:\council\legis\amend\GJK\21014AC.94), which was adopted.
Reference to amendment No. 5 offered by Rep. Hodges bearing document L:\COUNCIL\LEGIS\AMEND\CYY\16305AC.94
Amend the bill, as and if amended, page 20, by deleting Section 59-63-210(A) and inserting:
/"(A) Any A district board of trustees may authorize or order the expulsion, suspension, including in-school suspension for nonviolent or persistent disobedience which includes educational instruction or assignments, or transfer of any a pupil for a commission of any a crime, gross immorality, gross behavior, or persistent disobedience, or for violation of written rules and regulations established by the district board, county board, or the State Board of Education, or when the presence of the pupil is detrimental to the best interest of the school."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. NEAL explained the amendment.
The amendment was then adopted.
Rep. HOUCK moved to reconsider the vote whereby Amendment No. 15 was adopted.
Rep. MARTIN spoke in favor of the motion to reconsider.
Rep. CLYBORNE moved to table the motion to reconsider.
Rep. J. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Cato Clyborne Davenport Fair Fulmer Gonzales Graham Harrell Harrison Holt Huff Hutson Jaskwhich Keegan Kelley Klauber Koon Lanford Marchbanks Meacham Phillips Riser Robinson Rudnick Scott Sheheen Simrill Smith, D. Smith, R. Stone Townsend Trotter Vaughn Wells Wofford Wright
Those who voted in the negative are:
Anderson Askins Bailey, G. Baxley Beatty Boan Breeland Brown, J. Byrd Canty Corning Cromer Delleney Elliott Gamble Harrelson Harwell Hines Hodges Houck Inabinett Jennings Kennedy Keyserling Kinon Law Martin McCraw McElveen McMahand Moody-Lawrence Neal Rhoad Richardson Rogers Sharpe Shissias Snow Spearman Stoddard Thomas Tucker Waites Whipper White Wilder, D. Wilder, J. Witherspoon Worley
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to by a division vote of 56 to 43.
Rep. WHITE moved to table the amendment.
Rep. CLYBORNE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey, G. Barber Baxley Beatty Boan Breeland Brown, G. Brown, J. Byrd Canty Cobb-Hunter Cromer Delleney Elliott Farr Govan Harrelson Harris, J. Harris, P. Harwell Hines Hodges Holt Houck Inabinett Jennings Kennedy Keyserling Kinon Lanford Martin McCraw McElveen McMahand Neal Phillips Rhoad Rogers Rudnick Scott Sheheen Snow Spearman Stille Stoddard Thomas Waites Waldrop Whipper White Wilder, D. Wilder, J. Wilkes Worley
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Baker Brown, H. Cato Clyborne Cooper Davenport Fair Fulmer Gamble Gonzales Graham Harrell Harrison Huff Hutson Jaskwhich Keegan Kelley Klauber Koon Law Littlejohn Marchbanks Mattos Meacham Quinn Richardson Riser Robinson Simrill Smith, D. Smith, R. Stone Stuart Trotter Vaughn Walker Wells Wilkins Witherspoon Wofford Wright Young, A.
So, the amendment was tabled.
Rep. NEAL proposed the following Amendment No. 23 (Doc Name L:\council\legis\amend\GJK\21013AC.94), which was tabled.
Reference to amendment No. 5 offered by Rep. Hodges bearing document L:\COUNCIL\LEGIS\AMEND\CYY\16305AC.94
Amend the bill, as and if amended, by deleting beginning on page 8, SECTION 7, and inserting:
/SECTION 7. Section 20-7-390 of the 1976 Code is amended to read:
"Section 20-7-390. When used in this article, unless the context otherwise requires, 'child' means a person less than seventeen years of age, where the child is dealt with as a juvenile delinquent. 'Child' does not mean a person sixteen years of age or older who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more. However, a person sixteen years of age or older who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more may be remanded to the family court if the circuit court judge finds (a) that the child is amenable to treatment and rehabilitation, (b) that the child would not likely present a danger to society if confinement were limited to the facilities and duration available in the juvenile justice system. Any court that waives its jurisdiction of a juvenile shall set forth in writing its findings and the reasons therefore, including a statement of the evidence relied on in reaching a decision. Where the child is dealt with as a dependent or neglected child the term 'child' shall mean means a person under eighteen years of age."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. NEAL explained the amendment.
Rep. WOFFORD moved to table the amendment, which was agreed to by a division vote of 34 to 16.
Rep. NEAL proposed the following Amendment No. 25 (Doc Name L:\council\legis\amend\GJK\21012AC.94), which was tabled.
Reference to amendment No. 5 offered by Rep. Hodges bearing document L:\COUNCIL\LEGIS\AMEND\CYY\16305AC.94
Amend the bill, as and if amended, by deleting beginning on page 8, SECTION 7.
Renumber sections to conform.
Amend totals and title to conform.
Rep. NEAL explained the amendment.
Rep. HODGES spoke against the amendment and moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 34 to 14.
Rep. NEAL proposed the following Amendment No. 27 (Doc Name L:\council\legis\amend\JIC\6158AC.94), which was adopted.
Reference to Amendment No. 5 offered by Rep. Hodges bearing document L:\COUNCIL\LEGIS\AMEND\CYY\16305AC.94
Amend the bill, as and if amended, by deleting Section 4 on page 6 and inserting:
/SECTION 4. Section 20-7-420 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) to require the parent of a child brought before the court for adjudication of a delinquency matter and agencies providing services to the family to cooperate and participate in a plan adopted by the court to meet the needs and best interests of the child and to hold a parent or agency in contempt for failing to cooperate and participate in the plan adopted by the court. In imposing its contempt powers the Family Court must take into consideration mitigating circumstances including the parent's or legal custodian's participation in the treatment plan, the level of services being offered by the lead and participating agencies, and the level of cooperation by the lead and participating agencies as the court may deem appropriate."/
Amend title to conform.
Rep. NEAL explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4872 -- Rep. Houck: A BILL TO AMEND SECTIONS 44-53-210 AND 44-53-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULES II AND IV CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT INJECTABLE FORMS OF PENTAZOCINE ARE SCHEDULE II AND THAT ORAL DOSAGE FORMS OF PENTAZOCINE ARE SCHEDULE IV.
Rep. WOFFORD moved to adjourn debate upon the Senate amendments until June 20, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3907 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO CLARIFY THE RETIREMENT INCOME EXCLUSION FOR SURVIVING SPOUSES; TO AMEND SECTION 12-7-437, RELATING TO THE DEDUCTION FROM TAXABLE INCOME OF A PORTION OF NET LONG-TERM CAPITAL GAIN, SO AS TO PROVIDE THAT THE DEDUCTION APPLIES TO NET CAPITAL GAIN; TO AMEND SECTION 12-7-1120, RELATING TO ALLOCATION OF INCOME, SO AS TO CLARIFY THE ALLOCATION OF DIVIDENDS OF SUBCHAPTER S CORPORATIONS; TO AMEND SECTION 12-7-1260, RELATING TO THE EMPLOYER'S CAPITAL EXPENDITURE CHILD CARE CREDIT, SO AS TO LIMIT THE CREDIT TO EMPLOYERS OF SOUTH CAROLINA RESIDENTS AND TO CAPITAL EXPENDITURES MADE IN THIS STATE; TO AMEND SECTION 12-7-1640, AS AMENDED, RELATING TO THE TIME FOR FILING INCOME TAX RETURNS, SO AS TO PROVIDE THAT ANY TAX DUE MUST BE PAID AT THE TIME THE RETURN IS FILED WITHOUT REGARD TO ANY EXTENSION; AND TO AMEND SECTION 12-7-2419, RELATING TO THE ELDERCARE TRUST FUND CHECKOFF, SO AS TO CLARIFY THAT THE CHECKOFF APPLIES ONLY TO INDIVIDUAL INCOME TAX RETURNS.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\6131HTC.94).
Amend the bill, as and if amended, page 12 by striking SECTION 20 and inserting:
/SECTION 20. (A) Section 12-54-420(1) of the 1976 Code, as last amended by Act 10 of 1993, is further amended to read:
"(1) 'Claimant agency' means a state agency, board, committee, commission, public institution of higher learning, political subdivision, and the Internal Revenue Service. It also includes a private institution of higher learning for the purpose of collecting debts related to default on authorized educational loans made pursuant to Chapter 111, 113, or 115 of Title 59. 'Political subdivision' includes the Municipal Association of South Carolina and the South Carolina Association of Counties when these organizations submit claims on behalf of their members or other political subdivisions."
(B) Section 12-54-420(4) of the 1976 Code is amended to read:
"(4) 'Delinquent debt' means any liquidated sum due and owing any claimant agency, including collection costs, court costs, fines, penalties, and interest which have accrued through contract, subrogation, tort, operation of law, or any other legal theory regardless of whether there is an outstanding judgment for that sum which is legally collectible and for which a collection effort has been or is being made."/
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. WILKINS moved to adjourn debate upon the Senate amendments, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 4873 -- Rep. Houck: A BILL TO AMEND SECTION 44-53-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF PROFESSIONALS UNDER NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO REVISE THE DATES FOR EXPIRATION AND RENEWAL OF REGISTRATIONS; AND TO PROVIDE STAGGERED REGISTRATIONS.
Rep. HOUCK moved to adjourn debate upon the Senate amendments until June 20, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 5033 -- Rep. Phillips: A BILL TO AMEND SECTION 8-11-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS, LEAVE EARNINGS, AND THE TRANSFER OF AN EMPLOYEE'S ANNUAL LEAVE BALANCES FROM ONE STATE AGENCY TO ANOTHER, SO AS TO PROVIDE THAT ANY PERMANENT FULL-TIME EMPLOYEE OF A STATE AGENCY OR DEPARTMENT SHALL BE GIVEN FULL STATE SERVICE CREDIT FOR PRIOR SERVICE AS A CERTIFIED EMPLOYEE OF A SCHOOL DISTRICT OF THIS STATE FOR PURPOSES OF COMPUTING BONUS EARNINGS, AND TO PROVIDE THAT THE ABOVE PROVISIONS ONLY APPLY IF THERE IS NOT A BREAK IN SERVICE.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4473 -- Reps. Snow, Law and Riser: A BILL TO AMEND SECTION 24-13-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE WORK RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED A VIOLENT CRIME, SO AS TO EXPAND THE LIST OF OFFENSES TO WHICH THIS PROHIBITION APPLIES, AND TO PROVIDE THAT THE SOLICITOR AND SPECIFIC LAW ENFORCEMENT OFFICIALS OF A COMMUNITY SHALL RECEIVE NOTICE OF THE WORK RELEASE INTO THE COMMUNITY OF OFFENDERS WHO HAVE COMMITTED THE CRIME OF CRIMINAL SEXUAL CONDUCT IN ANY DEGREE.
Reps. HODGES and MARTIN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20993SD.94), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION ____. Section 24-3-40 of the 1976 Code, as last amended by Section 393, Act 181 of 1993, is further amended to read:
"Section 24-3-40. Unless otherwise provided by law, the employer of a prisoner authorized to work at paid employment in the community under Sections 24-3-20 to 24-3-50 or in a prison industry program provided under Article 3 of this chapter shall pay the prisoner's wages directly to the Department of Corrections. The Director of the Department of Corrections shall withhold five percent of the gross wages and promptly place these funds on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the 'Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404'. The director is further authorized to may withhold from the wages such costs incident to the prisoner's confinement as the Department of Corrections considers appropriate and reasonable. These withholdings must be deposited to the maintenance account of the Department of Corrections. The balance of the wages may, in the discretion of the director, and in such proportions determined by the director, may be disbursed to the prisoner, the prisoner's dependents, to and the victim of the crime, or deposited to the credit of the prisoner. No prisoner who participates in a project designated by the Director of the Bureau of Justice Assistance pursuant to Public Law 90-351 is eligible for unemployment compensation upon termination from the program."
SECTION ____. Section 41-27-260(10) of the 1976 Code is amended by adding:
"(f) service performed by an inmate who participates in a project designated by the Director of the Bureau of Justice Assistance pursuant to Public Law 90-351."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
Rep. SNOW proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\20997SD.94), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4093 -- Reps. Harwell, G. Bailey, Sharpe, Kinon, Spearman and Jennings: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION IN CERTAIN CASES, SO AS TO INCREASE THIS JURISDICTION FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
May 31, 1994
Statement H. 4093
I am shocked and dismayed that the S.C. Senate struck the requirement that the social security number of the Defendant be required on a judgement. In the haste to pass legislation at the last minute sound deliberation and thought allowed the passage of this legislation to increase the civil jurisdiction of magistrates without this provision. Many a person who have common names will suffer the injustice of having their credit ruined because of a failure of the General Assembly to properly protect them by requiring their social security number.
Rep. IRENE K. RUDNICK
The Senate amendments to the following Bill were taken up for consideration.
H. 3463 -- Reps. Jennings, H. Brown, Kirsh, Huff, Houck, Neilson, Tucker, Baxley, Delleney, Wofford, Worley, McElveen, Martin, Cobb-Hunter, J. Wilder, Spearman, Elliott, McCraw, Phillips, Kinon, J. Harris and Askins: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND TO PRESCRIBE ITS POWERS AND DUTIES; BY ADDING SECTION 57-23-185 SO AS TO PROVIDE THAT JUST COMPENSATION BE PAID TO LANDOWNERS FOR REMOVAL OF SIGNS; AND TO AMEND SECTION 57-25-140, AS AMENDED, RELATING TO SIGNS PERMITTED ALONG INTERSTATE HIGHWAYS, SO AS TO ALLOW SIGNS PROVIDING DIRECTIONAL INFORMATION.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4619 -- Reps. Huff, Wilkins, R. Smith, Sharpe, A. Young and Stone: A BILL TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO FURTHER PROVIDE FOR THE DUTIES OF A TRUSTEE WITH RESPECT TO ACQUIRING OR RETAINING A CONTRACT OF INSURANCE UPON THE LIFE OF THE TRUSTOR OR TRUSTOR'S SPOUSE.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4460 -- Rep. McTeer: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING PRIOR SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT SERVICE CREDIT MAY BE ESTABLISHED FOR MATERNITY LEAVE AS PROVIDED BY LAW IF THE MEMBER APPLIED FOR REEMPLOYMENT WITHIN TWO YEARS OF GOING ON MATERNITY LEAVE AND WAS REHIRED WITHIN TWO AND ONE-HALF YEARS OF THE BEGINNING OF THE LEAVE.
Rep. ROBINSON made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration.
H. 3812 -- Reps. T.C. Alexander, M.O. Alexander, G. Bailey, J. Bailey, Cato, Gamble, Harvin, McLeod, Neilson, Richardson, Robinson, Simrill, R. Smith, Vaughn, Whipper, Gonzales, Wright and Harrison: A BILL TO AMEND TITLE 39, CHAPTER 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABELS AND TRADEMARKS, SO AS TO ENACT THE "TRADEMARKS AND SERVICE MARKS ACT OF 1993" INCLUDING REGISTRATION PROCEDURES, FEES, AND CIVIL PENALTIES; TO AMEND SECTION 39-15-720, RELATING TO USE OF TRADEMARKS ON TIMBER, SO AS TO CONFORM A REFERENCE TO THIS ACT; AND TO REPEAL ARTICLE 3, CHAPTER 15, TITLE 39 RELATING TO TRADEMARKS AND SERVICE MARKS.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4631 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-51-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO PROVIDE FOR LICENSURE BY ENDORSEMENT; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSE WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS; TO REPEAL SECTION 40-51-150, RELATING TO GROUNDS FOR REVOCATION OF LICENSES; AND TO REAUTHORIZE THE BOARD OF PODIATRY EXAMINERS FOR SIX YEARS.
Rep. KIRSH made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. BAKER moved to waive Rule 5.14.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Askins Bailey, G. Baker Baxley Brown, G. Brown, H. Chamblee Delleney Elliott Fair Farr Felder Gamble Harrelson Harris, J. Harris, P. Haskins Holt Houck Huff Hutson Jaskwhich Keegan Kelley Kinon Klauber Lanford Law Littlejohn Marchbanks Mattos McCraw McKay Meacham Neilson Phillips Quinn Richardson Riser Robinson Rudnick Shissias Simrill Smith, R. Snow Stoddard Stone Stuart Thomas Vaughn Walker Wells Whipper White Wilder, D. Wilkes Witherspoon Wofford
Those who voted in the negative are:
Anderson Breeland Brown, J. Canty Cobb-Hunter Govan Kennedy Kirsh Moody-Lawrence Neal Scott Waites Waldrop Wilder, J.
So, Rule 5.14 was waived.
Reps. KIRSH and NEAL proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\16339AC.94), which was tabled.
Amend the bill, as and if amended, by striking Sections 10 and 11.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. WILKES spoke against the amendment.
Rep. SCOTT spoke in favor of the amendment.
Rep. BAKER spoke against the amendment.
Rep. LANFORD moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, G. Bailey, J. Baker Barber Baxley Brown, G. Brown, H. Carnell Cato Chamblee Cooper Corning Davenport Delleney Elliott Fair Farr Felder Fulmer Gonzales Graham Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hines Hodges Holt Houck Huff Hutson Jaskwhich Keegan Kelley Keyserling Kinon Klauber Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McElveen McKay McLeod Meacham Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rudnick Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stoddard Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waldrop Walker Wells Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Young, R.
Those who voted in the negative are:
Breeland Brown, J. Byrd Canty Cobb-Hunter Gamble Govan Inabinett Kennedy Kirsh Moody-Lawrence Neal Rogers Scott Sharpe Waites Whipper White
So, the amendment was tabled.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. G. BAILEY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 3742 -- Reps. McLeod, Baxley, Simrill, Scott, Rudnick, Holt, J. Brown, Moody-Lawrence, Byrd, Shissias, Davenport, Cooper, Littlejohn, Stille, Cato, Vaughn, D. Wilder and J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-85 SO AS TO REQUIRE THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION TO ASCERTAIN WHETHER OR NOT THE PAST PERFORMANCE RECORD OF ANY APPLICANT FOR LICENSING AS A RESIDENTIAL BUILDER OR FOR REGISTRATION OR CERTIFICATION AS A RESIDENTIAL SPECIALTY CONTRACTOR IS GOOD AND TO ASCERTAIN CERTAIN OTHER INFORMATION ABOUT SUCH APPLICANT, AND PROVIDE THAT THE APPLICATION AND RENEWAL FORMS FOR ALL LICENSES, CERTIFICATIONS, AND REGISTRATIONS ISSUED BY THE COMMISSION SHALL REQUIRE THE APPLICANT TO LIST ANY OUTSTANDING JUDGMENTS AGAINST HIM.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Baker Barber Baxley Boan Brown, G. Brown, H. Canty Carnell Cato Chamblee Cooper Cromer Davenport Delleney Elliott Fair Felder Fulmer Gamble Gonzales Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hines Hodges Holt Houck Huff Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Keyserling Klauber Koon Lanford Law Littlejohn Marchbanks Mattos McAbee McCraw McElveen McKay McLeod McMahand Meacham Neilson Phillips Quinn Rhoad Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Smith, D. Smith, R. Snow Spearman Stoddard Stone Stuart Townsend Trotter Tucker Vaughn Waites Walker Wells White Wilder, D. Wilder, J. Wilkes Witherspoon Wofford Young, A. Young, R.
Those who voted in the negative are:
Beatty Kirsh Simrill Thomas
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. G. BAILEY, VAUGHN and McLEOD to the Committee of Free Conference and a massage was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3742 -- Reps. McLeod, Baxley, Simrill, Scott, Rudnick, Holt, J. Brown, Moody-Lawrence, Byrd, Shissias, Davenport, Cooper, Littlejohn, Stille, Cato, Vaughn, D. Wilder and J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-85 SO AS TO REQUIRE THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION TO ASCERTAIN WHETHER OR NOT THE PAST PERFORMANCE RECORD OF ANY APPLICANT FOR LICENSING AS A RESIDENTIAL BUILDER OR FOR REGISTRATION OR CERTIFICATION AS A RESIDENTIAL SPECIALTY CONTRACTOR IS GOOD AND TO ASCERTAIN CERTAIN OTHER INFORMATION ABOUT SUCH APPLICANT, AND PROVIDE THAT THE APPLICATION AND RENEWAL FORMS FOR ALL LICENSES, CERTIFICATIONS, AND REGISTRATIONS ISSUED BY THE COMMISSION SHALL REQUIRE THE APPLICANT TO LIST ANY OUTSTANDING JUDGMENTS AGAINST HIM.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 40-59-85. (A) Any person making an initial application to the commission for licensure as a residential builder or registration as a residential specialty contractor shall first submit to a credit report. In addition to the information provided by the credit report, the commission may determine from the written application, the personal references provided by the applicant, written communications or complaints to the commission, and from any other reliable, documented sources whether an applicant for licensure as a residential builder or an applicant for registration as a residential specialty contractor has a reputation for the prompt payment of his labor or material bills and for the timely completion of other contracts into which the applicant may have entered.
(B) The application and renewal forms for all licenses and registrations issued by the commission shall require the applicant to list any outstanding judgments issued against him for the past five years.
(C) The term 'misconduct' as used in Section 40-59-90 includes a pattern of repeated failure by a residential builder or residential specialty contractor to pay his labor or material bills."
SECTION 2. Sections 40-59-10 through 40-59-160 of the 1976 Code are designated as Article 1 of Chapter 59, Title 40, and entitled "Residential Home Builders Generally".
SECTION 3. Chapter 59 of Title 40 of the 1976 Code is amended by adding:
Section 40-59-200. When used in this article:
(1) 'Administrator' means the executive director for the South Carolina Residential Builders Commission provided for under Section 40-59-50.
(2) 'Commission' means the South Carolina Residential Builders Commission.
(3) 'Director' means the Director of the Department of Labor, Licensing, and Regulation.
(4) 'Home Inspection' means the rendering of a written or oral report in exchange for compensation of any sort, regarding the condition of the construction or improvements to a residence, including, but not limited to, structural problems or conditions, damage, safety problems or deterioration, equipment, and systems that are visible and readily accessible. Home inspection does not include a contract or proposal for repair, renovation, or remodeling of the improvements to a residence. The parties to a home inspection may limit or expand the scope of the inspection by agreement.
(5) 'Home inspector' means a natural person who, for compensation of any sort, engages in the business of home inspection.
(6) 'Residence' means a structure, including, but not limited to, condominiums and town houses, intended to be used or in fact used primarily for living quarters which is not over three floors in height and which does not have more than sixteen units.
Section 40-59-210. The administrator is authorized to administer the provisions of this article. The administrator shall keep a register of all applicants for a license, including the date of application, the name, qualifications, place of business, and place of residence of the applicant, and the status of the license application. The administrator also shall maintain a roster listing the name, place of business, residence, and business telephone number of each licensed home inspector. A copy of the roster must be available to anyone upon a written request to the commission. The commission may charge a reasonable fee for complying with a request for a roster. The amount of the fee must be established by regulation of the commission.
Section 40-59-220. (A) No person may engage in or transact any home inspection business, or hold himself out to the public as a home inspector, or offer to engage in or transact any home inspection business in this State unless the person is licensed by the commission.
(B) A person already engaged in the business of performing home inspections on the date this article becomes effective is allowed ninety days from such effective date to comply with the provisions of this article for the purpose of qualifying to perform home inspections.
(C) No license shall be issued under the provisions of this article to a partnership, association, corporation, firm, or group. However, nothing in this article precludes a licensed home inspector from performing home inspections for or on behalf of a partnership, association, corporation, firm, or group or from entering into contracts or enforcing contracts as a partnership, association, corporation, firm, or group.
Section 40-59-230. The provisions of this article do not apply to:
(A) a person employed by the State of South Carolina or any political subdivision of the State as a code enforcement official when acting within the scope of that employment;
(B) a person inspecting a home exclusively for the use of a bank, savings and loan association, or credit union, unless otherwise required by federal law or regulation;
(C) a person duly licensed, registered, or certified pursuant to Chapter 3 of this title or a person duly licensed as a general contractor pursuant to Chapter 11 of this title or a person duly licensed pursuant to Article 1 of Chapter 59 of this title or a person duly licensed or registered as a professional engineer pursuant to Chapter 22 of this title. Notwithstanding the exemption from licensure under this article, the provisions of this article relating to the conduct of the person in the performance of a home inspection shall apply to such person. Any violation of this article is considered a violation against the person's license and subjects the person to disciplinary action by the licensing board under which the person is duly licensed.
Section 40-59-240. (A) A person desiring to be licensed as a home inspector shall make a written application to the commission on forms as the commission prescribes. Upon the submission of a completed application form and the payment of the fee required by the commission, the applicant is entitled to take the home inspector licensing examination as prescribed by the commission. Upon successful completion of the examination, the commission shall issue the applicant a license authorizing the applicant to engage in the business of home inspection in this State. The issuance of a license is evidence that the person named therein is entitled to all the rights and privileges of a licensed home inspector while the license remains active.
(B) The commission shall promulgate regulations to establish the minimum qualifications and uniform criteria for the granting of a home inspector license.
Section 40-59-250. (A) The licensee shall display the license in the manner prescribed by the commission.
(B) The licensee shall inform the commission of any change in his business or home address.
(C) The license must be renewed before July first of each year for a period of one year upon payment of the renewal fee and upon compliance with the provisions of this article. If the home inspector has not complied with any provisions of this article during the year, the licensee shall make a new application as in the case of the issuance of an original license.
(D) The commission may provide for the late renewal of a license upon payment of a late fee in an amount established by regulation of the commission.
(E) A licensee who does not intend to engage in the business of home inspection for at least one year may request upon written notice to the commission that his license be placed in inactive status. While in inactive status, the person is not subject to payment of any renewal fees and shall not perform home inspections in this State. When the person desires to resume the performance of home inspections, he shall file an application for license renewal, pay the renewal fee, and demonstrate continuing competence as defined by regulation of the commission. If a license has been in inactive status for more than three years, the person is required to make a new application as in the case of the issuance of an original license and is required to take and successfully complete the examination.
Section 40-59-260. (A) The commission may deny, refuse to renew, or temporarily suspend or revoke a license, or issue a civil penalty under this section, if the licensee or applicant for licensure engages in any of the following conduct:
(1) making a false or misleading statement in that portion of a written report that deals with professional qualification or in any testimony concerning professional qualifications;
(2) any act or omission involving dishonesty, fraud, or misrepresentation with the intent to substantially benefit a home inspector or other person or with the intent to substantially injure another person;
(3) any act of fraud, misrepresentation, or deceit in the making of a home inspection;
(4) payment of a finder's fee or a referral fee to any person in connection with an inspection of a residence;
(5) failure or refusal without good cause to exercise reasonable diligence in developing a home inspection report, preparing a report, or communicating a report;
(6) accepting a home inspection assignment when the employment itself is contingent upon the home inspector reporting a predetermined estimate, analysis, or opinion or when the fee to be paid is contingent upon the opinion, the conclusions, analysis, or report reached or upon the consequences resulting from such assignment;
(7) the performing of any work or improvement to a residence upon which the home inspector performed a home inspection within the previous twelve months;
(8) employment of fraud, deceit, or misrepresentation in obtaining or attempting to obtain a license, or renewal of it;
(9) committing an act or acts of malpractice, gross negligence, or incompetence in the performance of home inspections;
(10) practicing as a licensed home inspector without a current license;
(11) engaging in conduct that could result in harm or injury to the public;
(12) engaging in any act or practice violative of any of the provisions of this article or any regulation promulgated by the commission under this article, or aiding, abetting, or assisting a person in such violation.
(B) The commission may impose a civil penalty for violations of any provision of this article, or the regulations promulgated by the board, as follows: for a first violation, a penalty in an amount not to exceed one hundred dollars; for a second violation, a penalty in an amount not to exceed two hundred dollars; and for a third and any subsequent violation, a penalty in an amount not to exceed one thousand dollars. Any civil penalties collected by the commission must be remitted to the State Treasurer for deposit by him in the State's general fund.
(C) The denial, refusal to renew, or temporary suspension or revocation of a license, or the issuance of a civil penalty under this section, may be ordered by a decision of a majority of the commission after a hearing held in accordance with Article 3, Chapter 23, of Title 1, the Administrative Procedures Act. A decision of the commission to deny, refuse to renew, temporarily suspend a license, revoke a license, or impose a civil penalty is subject to review by an administrative law judge as provided under Article 5, Chapter 23, of Title 1.
(D) An application may be made to the commission for reinstatement of a revoked license if the revocation has been in effect for at least one year. The license may be granted upon an affirmative vote by a majority of the commission.
Section 40-59-265. A home inspector is prohibited from engaging in real estate appraisal activity unless the inspector meets the requirements of Chapter 60 of this title. Further, a home inspector is prohibited from engaging in any real estate activity regulated under Chapter 57 of this title unless the inspector meets the requirements of that chapter.
Section 40-59-270. The administrator is authorized to use the powers granted to him pursuant to this chapter to enforce the provisions of this article. A home inspector who is not otherwise exempt from this article who undertakes or attempts to undertake the business of home inspection without first obtaining a valid license or who knowingly presents to, or files with, the commission false information for the purpose of obtaining a license is guilty of a misdemeanor and for the first offense, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days, or both. For a second offense, the person, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than ninety days, or both. For a third and subsequent offense, upon conviction, the person must be fined not more than one thousand dollars or imprisoned not more than one hundred eighty days, or both.
A home inspector who does not have a license as required by this article may not bring any action either at law or in equity to enforce the provisions of any contract for home inspection which he entered into in violation of this article.
Whenever it appears to the commission that any home inspector has violated, or is about to violate, the provisions of this article, the commission may in its own name petition an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 to issue a temporary restraining order enjoining the violation of this article, pending a full hearing to determine whether or not the injunction must be made permanent.
Section 40-59-280. The commission is authorized to promulgate regulations to administer the provisions of this article and to establish fees reasonably necessary to cover the costs of administering this article.
Section 40-59-290. When an inspection report includes a deficiency that is alleged to be a building codes violation, the inspector is responsible for determining the construction dates and building codes in effect at the time of construction and must conduct the inspection using the building codes in effect at the time of construction."
SECTION 4. Title 40 of the 1976 Code is amended by adding:
Section 40-26-10. When used in this chapter:
(1) 'Board' means the State Licensing Board for Contractors (excluding mechanical contractors), the State Board of Architectural Examiners, or the State Board of Registration for Professional Engineers (excluding land surveyors), as is applicable to the person performing a commercial inspection.
(2) 'Commercial inspection' means the rendering of a written or oral report, for compensation of any sort, as to the condition of the construction or improvements to a commercial structure, including, but not limited to, structural problems and conditions, visible damage, safety problems or deterioration, and equipment and systems that are visible and readily accessible. Commercial inspection does not include a contract or proposal for design, repair, renovation, or remodeling of the improvements to a commercial structure. The parties to an agreement for a commercial inspection may limit or expand the scope of the inspection by agreement.
(3) 'Commercial inspector' means a natural person licensed, registered, or certified pursuant to Chapter 3 of this title or a natural person licensed as a general contractor pursuant to Chapter 11 of this title or a natural person licensed or registered as a professional engineer pursuant to Chapter 22 of this title, and who, for compensation of any sort, performs a commercial inspection.
(4) 'Commercial structure' means a building, highway, sewer, improvement, reimprovement, or structure, or part thereof, which is not a residence as defined in Article 3 of Chapter 59 of Title 40.
Section 40-26-20. (A) No person may engage in or transact any commercial inspection business, or hold himself out to the public as a commercial inspector, or offer to engage in or transact any commercial inspection business in this State, unless the person is licensed, registered, or certified pursuant to Chapter 3 of this title or is licensed as a general contractor pursuant to Chapter 11 of this title or is licensed or registered as a professional engineer pursuant to Chapter 22 of this title.
(B) A person engaged in the business of performing commercial inspections on the date this chapter becomes effective who is not, on that date, qualified under the terms of this chapter to perform commercial inspections is allowed ninety days from such effective date to comply with the provisions of this chapter for the purpose of qualifying to perform commercial inspections.
(C) No license shall be issued under the provisions of this chapter to a partnership, association, corporation, firm, or group. However, nothing in this chapter precludes a person licensed pursuant to Chapter 3 of this title or licensed as a general contractor pursuant to Chapter 11 of this title or licensed or registered as a professional engineer pursuant to Chapter 22 of this title from performing commercial inspections for or on behalf of a partnership, association, corporation, firm, or group or from entering into contracts or enforcing contracts as a partnership, association, corporation, firm, or group.
Section 40-26-30. The provisions of this chapter do not apply to:
(A) a person employed by the State of South Carolina or any political subdivision of the State as a code enforcement official when acting within the scope of that employment;
(B) a person inspecting a commercial structure exclusively for the use of a bank, savings and loan association, or credit union, unless otherwise required by federal law or regulation.
Section 40-26-40. A violation of this chapter is considered a violation against the person's license, registration, or certification and subjects the person to disciplinary action by the board under which the person is licensed, registered, or certified.
Section 40-26-50. (A) Any person who is licensed, registered, or certified pursuant to Chapter 3 of this title or who is licensed as a general contractor pursuant to Chapter 11 of this title or who is licensed or registered as a professional engineer pursuant to Chapter 22 of this title and who performs a commercial inspection is prohibited from engaging in any of the following conduct:
(1) making a false or misleading statement in that portion of a written report that deals with professional qualifications or in any testimony concerning professional qualifications;
(2) any act or omission involving dishonesty, fraud, or misrepresentation with the intent to substantially benefit a commercial inspector or other person or with the intent to substantially injure another person;
(3) any act of fraud, misrepresentation, or deceit in the making of a commercial inspection;
(4) payment of a finder's fee or a referral fee to any person in connection with an inspection of a commercial structure;
(5) failure or refusal without good cause to exercise reasonable diligence in developing a commercial inspection report, preparing a report, or communicating a report;
(6) accepting a commercial inspection assignment when the employment itself is contingent upon the commercial inspector reporting a predetermined estimate, analysis, or opinion or when the fee to be paid is contingent upon the opinion, the conclusions, analysis, or report reached or upon the consequences resulting from such assignment;
(7) the performing of any improvement to a commercial structure upon which the commercial inspector performed a commercial inspection within the previous twelve months;
(8) committing an act, or acts, of malpractice, gross negligence, or incompetence in the performance of commercial inspections;
(9) practicing as a commercial inspector without a current license, registration, or certification issued pursuant to Chapter 3 of this title or issued pursuant to Chapter 11 of this title for a general contractor or issued pursuant to Chapter 22 of this title for a professional engineer;
(10) engaging in conduct that could result in harm or injury to the public.
(B) A commercial inspector who is not duly licensed, certified, or registered as required by this chapter may not bring any action either at law or in equity to enforce the provisions of any contract for a commercial inspection which he entered into in violation of this chapter.
Section 40-26-60. When an inspection report includes a deficiency that is alleged to be a building codes violation, the inspector is responsible for determining the construction dates and building codes in effect at the time of construction and must conduct the inspection using the building codes in effect at the time of construction."
SECTION 5. Section 1 of this act takes effect upon approval by the Governor. Sections 2, 3, and 4 of this act take effect one hundred eighty days after approval by the Governor. /
Amend title to conform.
/s/Senator Glenn F. McConnell /s/Rep. George H. Bailey /s/Senator Hugh K. Leatherman /s/Rep. Lewis R. Vaughn /s/Senator Robert Ford /s/Rep. E.B. McLeod, Jr. On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. HODGES moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, G. Bailey, J. Baker Barber Baxley Boan Breeland Brown, H. Byrd Carnell Cato Chamblee Cobb-Hunter Cooper Corning Cromer Delleney Elliott Fair Felder Fulmer Gamble Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Haskins Hines Hodges Holt Jaskwhich Jennings Keegan Keyserling Kinon Kirsh Koon Marchbanks Martin Mattos McAbee McCraw McLeod Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stoddard Stone Stuart Thomas Trotter Tucker Vaughn Waites Walker Wells Whipper Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, R.
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. HODGES, THOMAS and HARRELL to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE to whom was referred:
S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Chapter 25, Title 16 of the 1976 Code is amended to read:
Section 16-25-10. As used in this article, 'family or household member' means spouses, former spouses, parents and children, persons related by consanguinity or affinity within the second degree, persons who have a child in common, and persons cohabitating a male and female who are cohabiting or formerly cohabitating have cohabited.
Section 16-25-20. It is unlawful to: (1) Cause cause physical harm or injury to his or her family or a person's own household member, (2) offer or attempt to cause physical harm or injury to his or her family or a person's own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.
Section 16-25-30. Any person who violates Section 16-25-20 is guilty of the misdemeanor of criminal domestic violence and, upon conviction, must be punished by a fine of fined not more than two five hundred dollars or imprisonment of imprisoned not more than thirty days.
Section 16-25-40. Any person who violates Section 16-25-20 after having previously been twice convicted of a violation two violations of Section 16-25-20 or two violations of Section 16-25-65 or a violation of Section 16-25-20 and a violation of Section 16-25-65 is guilty of a misdemeanor and, upon conviction, must be punished upon conviction by a fine of fined not more than three thousand dollars or by imprisonment for imprisoned not more than three years, or both.
Section 16-25-50. Any A person violating the terms and conditions of an order of protection issued under the 'Protection from Domestic Abuse Act' is guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for must be imprisoned not more than thirty days or by a fine of fined not more than two five hundred dollars. No A person found guilty of a violation of Sections Section 16-25-20 and 16-25-50 this section may not be sentenced under both sections for the same offense.
Section 16-25-60. (A) Unless the complaint is voluntarily dismissed or the charge is dropped prior to the scheduled trial date, a person charged with a violation provided in this chapter shall appear before a judge for disposition of the case.
(B) When a person is convicted of a violation of Section 16-25-20 or 16-25-50, the court may suspend the imposition or execution of all or part of the sentence conditioned upon the participation of the offender, to the satisfaction of the court, in a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling.
(C) When any a person is convicted of a violation of Section 16-25-40 or 16-25-65, the court may suspend execution of all or part of the sentence and place the offender on probation, conditioned upon:
(1) the participation of the offender, to the satisfaction of the court, in a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling;
(2) fulfillment of all the obligations arising under court order pursuant to Section 20-4-60 and this section;
(3) other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.
(D) In determining whether or not to suspend the imposition or execution of all or part of a sentence as provided in this section, the court must consider the nature and severity of the offense, the number of times the offender has repeated the offense, and the best interests and safety of the victim. A court may require an offender to pay for participation in a program or treatment or counseling as an appropriate term or condition for suspending the imposition or execution of all or part of a sentence.
Section 16-25-65. (A) The elements of the common law crime of assault and battery of a high and aggravated nature are incorporated in and made a part of the offense of criminal domestic violence of a high and aggravated nature when a person violates the provisions of Section 16-25-20 and the elements of assault and battery of a high and aggravated nature are present.
(B) A person who commits the crime of criminal domestic violence of a high and aggravated nature is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned not more than ten years, or both.
(C) The provisions of this section create a statutory offense of criminal domestic violence of a high and aggravated nature and must not be construed to codify the common law crime of assault and battery of a high and aggravated nature.
Section 16-25-70. A law enforcement officer may arrest, with or without a warrant, a person at his place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed any misdemeanor or felony under the provisions of Sections 16-25-20, or 16-25-50, or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate police department.
In effecting a warrantless arrest under this section, a law enforcement officer may enter the residence of the person to be arrested in order to effect the arrest where the officer has probable cause to believe that the action is reasonably necessary to prevent physical harm or danger to any family or household member.
No evidence other than evidence of violations of this article found as a result of a warrantless search shall be admissible in any court of law.
Section 16-25-80. Nothing in this article affects or limits the powers of any court to enforce its own orders by civil or criminal contempt or the powers of the police to make other lawful arrests.
Nothing in this article may be construed to repeal, replace, or preclude application of any other provisions of law pertaining to assault, assault and battery, assault and battery of a high and aggravated nature, or other criminal offenses."
SECTION 2. Section 20-4-20(b) of the 1976 Code is amended to read:
"(b) 'Family or household Household member' means spouses, former spouses, parents and children, and persons related by consanguinity or affinity within the second degree, persons who have a child in common, and a male and female who are cohabiting or formerly have cohabited."
SECTION 3. Section 20-4-20(f) of the 1976 Code is amended to read:
"(f) 'Order of protection' means an order of protection issued to protect the petitioner or minor family or household members from the abuse of another family or household member where the respondent has received notice of the proceedings and has had an opportunity to be heard."
SECTION 4. Section 20-4-40 of the 1976 Code is amended to read:
"Section 20-4-40. There is created an action known as a 'Petition for an Order of Protection' in cases of abuse to a family or household member.
(a) A petition for relief under this section may be made by any family or household members in need of protection or by any family or household members on behalf of minor family or household members.
(b) A petition for relief must allege the existence of abuse to a family or household member. It must state the specific time, place, details of the abuse, and other facts and circumstances upon which relief is sought and must be verified.
(c) The petition must inform the respondent of the right to retain counsel.
(d) In a pending action for divorce or separate support and maintenance, the petition for relief shall be brought in the form of a motion for further relief and shall be served on counsel of record, if any. Where no action is pending, the petition shall be filed and served as an independent action.
(e) The clerk of court must provide simplified forms which will facilitate the preparation and filing of a petition under this section by any person not represented by counsel, including motions and affidavits to proceed in forma pauperis."
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Robert W. Hayes, Jr. /s/James H. Hodges /s/Holly A. Cork /s/Paula H. Thomas /s/Greg Smith /s/Robert W. Harrell, Jr. On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. HARRISON moved that the House recur to the Morning Hour.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Askins Bailey, G. Bailey, J. Barber Baxley Breeland Brown, H. Canty Cato Chamblee Corning Davenport Delleney Fulmer Gonzales Govan Hallman Harrell Harris, J. Harrison Haskins Hines Holt Huff Hutson Jaskwhich Jennings Keegan Kelley Keyserling Koon Law Littlejohn Marchbanks Meacham Neilson Quinn Richardson Riser Robinson Rudnick Sharpe Shissias Smith, D. Smith, R. Stone Stuart Thomas Trotter Vaughn Waites Walker Whipper Wilkes Witherspoon Wofford Wright
Those who voted in the negative are:
Allison Anderson Baker Byrd Carnell Cromer Elliott Fair Felder Gamble Harrelson Harris, P. Kennedy Kinon Kirsh Lanford Mattos McCraw McElveen McMahand Phillips Rhoad Rogers Scott Sheheen Simrill Snow Spearman Stille Stoddard Tucker Wells Wilder, D. Wilkins Worley Young, A.
So, the motion was agreed to.
The following was received.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Hayes, Cork and Greg Smith of the Committee of Free Conference on the part of the Senate on S. 195 and granted Free Conference Powers:
S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 195:
S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 1196:
S. 1196 -- Senators Rankin and Elliott: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES.
Very respectfully,
President
The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
On motion of Rep. T.C. ALEXANDER the House non-concurred in the Senate amendments, and a message was ordered sent to the Senate accordingly.
S. 927 -- Senators Giese, Passailaigue, Glover, Hayes, Holland, Lander, Mitchell, O'Dell, Reese, Short, Washington, Rose, Leventis, Wilson, Rankin and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE, AND TO PROVIDE FOR THE REQUIREMENTS OF THE COURSE.
The following was received.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 797:
S. 797 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-5 SO AS TO PROVIDE A REFERENCE TO AND THE PURPOSES OF THE "SOUTH CAROLINA GASOLINE, LUBRICATING OILS, AND OTHER PETROLEUM PRODUCTS ACT", SECTION 39-41-185 SO AS TO PROVIDE LABELING REQUIREMENTS FOR MOTOR FUEL RETAIL DEALERS, AND SECTION 39-41-195 SO AS TO PROVIDE ADMINISTRATIVE PENALTIES; TO AMEND SECTION 39-41-10, RELATING TO THE DEFINITION OF PETROLEUM, SO AS TO INCLUDE OXYGENATED COMPOUND BLENDS; TO AMEND SECTION 39-41-20, RELATING TO PETROLEUM ANALYSTS, CHEMISTS, AND INSPECTORS, SO AS TO PROVIDE FOR STOP-SALE ORDERS BY THE COMMISSIONER OF AGRICULTURE; TO AMEND SECTION 39-41-50, RELATING TO FILING REQUIREMENTS FOR PETROLEUM MANUFACTURERS, WHOLESALERS, AND JOBBERS, SO AS TO PROVIDE FOR AN ADMINISTRATIVE PENALTY; TO AMEND SECTION 39-41-160, RELATING TO CRIMINAL PENALTIES PERTAINING TO PETROLEUM PRODUCTS, SO AS TO INCREASE THE MONETARY PENALTIES; AND TO AMEND SECTION 39-41-190, RELATING TO GENERAL PENALTIES PERTAINING TO PETROLEUM PRODUCTS, SO AS TO INCREASE THE MONETARY PENALTIES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 5258 -- Reps. Kelley, A. Young, Keegan, Simrill, Shissias, Fulmer, Kennedy, Thomas, Sharpe, Witherspoon, Littlejohn, Harrison, Riser, Corning, Wells, Baxley, McAbee, Carnell, McKay, G. Bailey, Stille, Barber, Worley, Richardson, Walker, Stone, J. Harris, Stuart, Delleney, Lanford, Meacham, D. Smith, Huff and Fair: A HOUSE RESOLUTION MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES CONGRESS TO REFRAIN FROM INCLUDING EMPLOYER MANDATES AS PART OF ANY HEALTH CARE REFORM LEGISLATION.
Ordered for consideration tomorrow.
The following was introduced:
H. 5264 -- Rep. Harrell: A HOUSE RESOLUTION AUTHORIZING THE SPEAKER OF THE HOUSE OF REPRESENTATIVES TO APPOINT THE PERSON WHO OTHERWISE WOULD BE ELECTED BY THE HOUSE TO SERVE UNDER THE TERMS OF S.1196 OF 1994 (RELATING TO THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS), AND PROVIDING FOR THE SERVICE OF SUCH PERSON.
Be it resolved by the House of Representatives:
That following the ratification by the General Assembly of S.1196 of 1994 and approval by the Governor (relating to the creation of a redevelopment authority to acquire and dispose of federal military installations) and the Governor's creation of the redevelopment authority pursuant to Section 31-12-40 of the 1976 Code, if the House of Representatives is not then in session and available for election of its member the Speaker of the House of Representatives is authorized to appoint the "member elected by a majority of the House of Representatives" pursuant to Section 31-12-40(D)(7), pending ratification of the appointment by the House of Representatives when the body next convenes in regular session and not later than January 31, 1995, and the person so appointed by the Speaker shall serve with all of the rights and privileges of office as though elected by the House of Representatives pursuant to said provision of law.
The Resolution was adopted.
The following was introduced:
H. 5265 -- Reps. Farr and D. Wilder: A HOUSE RESOLUTION CONGRATULATING UNION HIGH SCHOOL ON CAPTURING ITS SIXTH CONSECUTIVE NATIONAL SHOOTING CROWN BY WINNING THE SCHOLASTIC CATEGORY OF THE 1994 NATIONAL NRA JUNIOR THREE POSITION SMALLBORE RIFLE CHAMPIONSHIPS, ITS SECOND NATIONAL SCHOLASTIC AIR RIFLE CHAMPIONSHIP, AND ITS EIGHTH PRESIDENT'S AWARD.
The Resolution was adopted.
The following was introduced:
H. 5266 -- Rep. Townsend: A HOUSE RESOLUTION TO COMMEND MRS. MOLLIE M. HOLLIDAY OF ANDERSON UPON HER THIRTIETH ANNIVERSARY WITH THE LAW FIRM OF CHAPMAN, KING, AND BYRHOLDT AND FOR HER DEDICATION AND MANY ACCOMPLISHMENTS WHILE ASSOCIATED WITH THIS FINE FIRM.
The Resolution was adopted.
The following was introduced:
H. 5267 -- Rep. Quinn: A HOUSE RESOLUTION TO CONGRATULATE SPECIALIST RAYMOND G. STRAWBRIDGE OF COLUMBIA, SOUTH CAROLINA, FOR BEING SELECTED AS THE SOLDIER OF THE YEAR FOR THE SOUTH CAROLINA ARMY NATIONAL GUARD AND FOR THE SECOND U.S. ARMY AND FORCES COMMAND AND FOR HIS OUTSTANDING ACADEMIC PERFORMANCE AT THE UNIVERSITY OF SOUTH CAROLINA FOLLOWING HIS RETURN FROM ACTIVE DUTY IN DESERT SHIELD/DESERT STORM.
The Resolution was adopted.
The following was taken up for immediate consideration:
H. 5268 -- Reps. Thomas, Sturkie, Kelley, Gonzales, Worley, Witherspoon and Keegan: A HOUSE RESOLUTION TO DECLARE THAT THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY AND THE SOUTH CAROLINA DEPARTMENT OF ARCHEOLOGY AND ANTHROPOLOGY MAKE AVAILABLE TO STATE ENVIRONMENTAL REGULATORY AGENCIES INFORMATION CONCERNING HISTORICAL AND ARCHEOLOGICAL SITES FOR USE IN THE PERMITTING PROCESS.
Whereas, the State of South Carolina is blessed with invaluable archeological and anthropological resources; and
Whereas, these sites must be protected to the maximum extent practicable; and
Whereas, environmental regulatory agencies operate programs that control activities potentially impacting these resources; and
Whereas, in order to determine the impact of proposed programs on archeological and anthropological resources, environmental regulatory agencies need information pertaining to the location of these resources. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, hereby, declare that the South Carolina Department of Archives and History and the South Carolina Department of Archeology and Anthropology shall make available to state environmental regulatory agencies information concerning historical and archeological sites in a format prescribed by the regulatory agency to be utilized in the permitting process. Agencies receiving this information must use it only for purposes of determining impact of proposed activities on these historical and archeological resources.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Archives and History, and the South Carolina Department of Archeology and Anthropology.
The Resolution was adopted.
The following was introduced:
H. 5269 -- Reps. Jennings and Neilson: A HOUSE RESOLUTION TO RECOGNIZE MR. WILTON C. GORDON OF MARLBORO COUNTY FOR HIS MANY YEARS OF UNSELFISH PUBLIC SERVICE AND HIS CONTRIBUTIONS TO THE 4-H YOUTH AND AGRICULTURE PROGRAMS AND TO WISH HIM EVERY HAPPINESS AND GOOD FORTUNE IN HIS RETIREMENT.
The Resolution was adopted.
The following was introduced:
H. 5270 -- Reps. Meacham, Stoddard, Thomas, Houck, Gamble, Kirsh, Hodges, Chamblee, Neal, Stuart, R. Smith, Keegan, Cooper, Shissias, Wilkes, Lanford, J. Harris, Law, Robinson, Martin, Marchbanks, D. Wilder, Snow, Phillips, Huff, Clyborne, Moody-Lawrence, M.O. Alexander, Sturkie, Cato, Wilkins, Harrison, Hines, Fair, Baker, Vaughn, Riser, Quinn, A. Young, Govan, Simrill, Witherspoon, Jaskwhich, Waites, H. Brown, Hutson, Wofford, Farr, Stone, Stille, Sharpe, Neilson, Haskins, Trotter, Inabinett, Allison, Davenport, Harrelson, Kelley, Klauber and Walker: A HOUSE RESOLUTION TO REQUEST THE SUPREME COURT OF THE STATE OF SOUTH CAROLINA TO IMPLEMENT A NEW JUDICIAL STANDARDS COMMISSION PROCEDURE.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5271 -- Reps. Davenport, Littlejohn, Beatty, D. Smith, Allison, Wells, Walker and Lanford: A CONCURRENT RESOLUTION TO EXPRESS SORROW UPON THE DEATH OF ROBERT H. CHAPMAN, SR., OF SPARTANBURG, SOUTH CAROLINA, TEXTILE INDUSTRY LEADER, AND EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 5272 -- Rep. Scott: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. ATHERINE T. DAVIS AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5273 -- Reps. J. Harris, Spearman, Jaskwhich, H. Brown, Rogers and Waites: A CONCURRENT RESOLUTION TO CONGRATULATE TRUSTUS THEATER FOR ITS EXTRAORDINARY ACCOMPLISHMENTS AND TRADITION OF EXCELLENCE AND WISH IT GREAT SUCCESS IN THE CAPITAL CAMPAIGN.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5274 -- Reps. Hines, Govan, Inabinett, Neilson, Moody-Lawrence, White, Scott, Canty, Neal, Whipper, J. Brown, Byrd, Beatty, Davenport, Waites, Allison, Wells, Shissias, Rudnick, Meacham, Anderson, Kirsh, Gamble, A. Young, McMahand, Stuart, Huff and Harrelson: A CONCURRENT RESOLUTION SALUTING AFRICAN AMERICAN WOMEN FOR THEIR VALUABLE CONTRIBUTIONS TO THE DEVELOPMENT OF THIS STATE AND NATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5275 -- Reps. Baxley, Neilson and Hines: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE ALBERT SEGARS FAMILY OF HARTSVILLE, SONOCO PRODUCTS COMPANY, LAKEVIEW CLUB, INC., MRS. KATHERINE SEGARS LEVEQUE, AND MRS. EVELYN BRITT FRANK FOR THEIR GENEROSITY IN DONATING A SUBSTANTIAL TRACT OF LAND IN DARLINGTON COUNTY TO THE HERITAGE TRUST PROGRAM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5276 -- Reps. Koon, Wright, Spearman, Stuart, Gamble, Riser and Sturkie: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEXINGTON HIGH SCHOOL WILDCATS VARSITY BASEBALL TEAM, THEIR HEAD COACH, TOMMY WILLIAMS, ASSISTANT COACH JONNY THOMPSON, PRINCIPAL JOE BEDENBAUGH, AND LEXINGTON DISTRICT I SUPERINTENDENT, DR. CHESTER FLOYD, FOR LEXINGTON'S CLASS AAAA STATE BASEBALL CHAMPIONSHIP AND TO RECOGNIZE THE DEDICATION, DRIVE, AND HARD WORK OF THIS FINE TEAM OF BASEBALL PLAYERS AND THEIR COACHES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5277 -- Rep. Davenport: A HOUSE RESOLUTION TO RECOGNIZE THE ACADEMIC ACCOMPLISHMENTS OF BOILING SPRINGS HIGH SCHOOL SENIOR, CHRISTIE BOLINGER.
The Resolution was adopted.
The following was introduced:
H. 5278 -- Reps. Boan and Hodges: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DEAN JOHN R. ARNOLD OF THE UNIVERSITY OF SOUTH CAROLINA-LANCASTER FOR HIS YEARS OF OUTSTANDING SERVICE TO THE CAUSE OF HIGHER EDUCATION ON THE OCCASION OF HIS RETIREMENT AND WISHING FOR HIM MANY HAPPY AND FULFILLING YEARS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5279 -- Reps. Mattos, M. O. Alexander, T. C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE BOYD ODELL "DELL" BAKER OF GREENVILLE COUNTY FOR HIS EXEMPLARY SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY AND THANKING HIM FOR HIS FRIENDSHIP.
Whereas, the Honorable Boyd Odell "Dell" Baker of Greenville County has served the people of South Carolina with distinction as a member of the House of Representatives since 1987; and
Whereas, as our colleague, we have held Dell in high esteem for his diligence, hard work, and dedication as a legislator; and
Whereas, Dell has served the people of his House district and all of the citizens of South Carolina well during the past eight years, and we are grateful for his outstanding service and his friendship; and
Whereas, he will not be seeking reelection to the House of Representatives in 1994, and we want him to know that we appreciate his contributions as a member of the General Assembly. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, commend the Honorable Boyd Odell "Dell" Baker of Greenville County for his exemplary service as a member of the General Assembly and thank him for his friendship.
Be it further resolved that a copy of this resolution be presented to the Honorable Boyd Odell "Dell" Baker.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5280 -- Reps. Mattos, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE H. HOWELL CLYBORNE, JR., OF GREENVILLE COUNTY FOR HIS EXCELLENT PUBLIC SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, AND EXPRESSING APPRECIATION FOR HIS FRIENDSHIP.
Whereas, the Honorable H. Howell Clyborne, Jr., of Greenville County has been a distinguished member of the General Assembly since his election to the House of Representatives in 1986; and
Whereas, for eight years Howell has endeavored as a legislator to accomplish what is good for the State of South Carolina; and
Whereas, his colleagues have admired his skill, his dedication, and his hard work and have appreciated his friendship; and
Whereas, he has chosen not to seek reelection to the House of Representatives in 1994; and
Whereas, we want him to know that we will always consider him a good friend. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, commend the Honorable H. Howell Clyborne, Jr., of Greenville County for his excellent public service as a member of the House of Representatives and express appreciation for his friendship.
Be it further resolved that a copy of this resolution be presented to Representative Howell Clyborne.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5281 -- Reps. Graham, M.O. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE THOMAS C. ALEXANDER OF OCONEE COUNTY, OUR DISTINGUISHED COLLEAGUE AND GOOD FRIEND, FOR HIS EXCELLENT AND DEDICATED PUBLIC SERVICE IN THE HOUSE OF REPRESENTATIVES AND WISHING HIM SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
Whereas, the Honorable Thomas C. Alexander of Oconee County has served as a member of the House of Representatives since 1987; and
Whereas, he has distinguished himself in every facet of legislative service, earning the respect and admiration of his colleagues in the General Assembly and of all the citizens of our great State; and
Whereas, his knowledge, dedication, and skills paved the way for his election as chairman of the House Labor, Commerce and Industry Committee; and
Whereas, as chairman of that committee, he has been an effective and dynamic leader in the House of Representatives and has helped enact numerous important bills; and
Whereas, he has been a great friend to us in every way, and we have always known we could count on his support and assistance; and
Whereas, after eight outstanding years in the House of Representatives, he is not seeking reelection in 1994; and
Whereas, we want him to know that he has had a positive, lasting impact on the general well-being of the State of South Carolina, and that we will always consider him a very dear friend. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, commend the Honorable Thomas C. Alexander of Oconee County, our distinguished colleague and good friend, for his excellent and dedicated public service in the House of Representatives and wish him success and happiness in his future endeavors.
Be it further resolved that a copy of this resolution be presented to the Honorable Thomas C. Alexander.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5282 -- Rep. Wright: A HOUSE RESOLUTION COMMENDING AND THANKING BETTY G. AMICK FOR HER EXCELLENT SERVICE AND HER DEDICATION TO THE HOUSE OF REPRESENTATIVES AS CALENDAR AND GENERAL DESK CLERK FOR THIS BODY, AND WISHING HER MUCH HAPPINESS FOLLOWING HER RETIREMENT.
Whereas, Betty G. Amick became an employee of the House of Representatives in January, 1987, and has served the House with distinction ever since; and
Whereas, this summer Betty is retiring as Calendar and General Desk Clerk for this body; and
Whereas, the members have greatly appreciated Betty's friendliness, intelligence, hard work, and dedication; and
Whereas, she has been not only an exemplary employee but also a valued friend, and we want her to know that we will miss her. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, commend and thank Betty G. Amick for her excellent service and her dedication to the House of Representatives as Calendar and General Desk Clerk for this body and wish her much happiness following her retirement.
Be it further resolved that a copy of this resolution be presented to Ms. Betty G. Amick.
The Resolution was adopted.
The following was introduced:
H. 5283 -- Reps. Marchbanks, Riser, Witherspoon, McAbee, Snow, Graham, T.C. Alexander, Carnell, Rhoad and P. Harris: A HOUSE RESOLUTION TO COMMEND DR. MILTON B. WISE, VICE PRESIDENT FOR AGRICULTURE AND NATURAL RESOURCES, CLEMSON UNIVERSITY, UPON HIS RETIREMENT FROM AN ILLUSTRIOUS FORTY-THREE YEAR CAREER AS AN EDUCATOR AND LEADER IN AGRICULTURE FOR HIS DEDICATION TO IMPROVING AND PROMOTING AGRICULTURE IN HIGHER EDUCATION AND FOR ADVANCING THE AGRICULTURAL INDUSTRY IN SOUTH CAROLINA AND THROUGHOUT THE SOUTHEAST.
The Resolution was adopted.
The SPEAKER granted Rep. McMAHAND a leave of absence for the remainder of the day.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
S. 436 -- Senator Richter: A BILL TO AMEND ARTICLE 5, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION 56-5-765, SO AS TO PROVIDE THAT WHEN A MOTOR VEHICLE OF A LAW ENFORCEMENT AGENCY IS INVOLVED IN A TRAFFIC COLLISION, THE INVESTIGATION OF THE COLLISION MUST BE PERFORMED BY AN INDEPENDENT LAW ENFORCEMENT AGENCY, EITHER THE STATE HIGHWAY PATROL OR THE COUNTY SHERIFF'S DEPARTMENT.
Rep. G. BROWN proposed the following Amendment No. 3 (Doc Name L:\Council\Legis\Amend\jic\6136DW.94), which was ruled out of order.
Amend the bill, as and if amended, by adding two appropriately numbered SECTIONS to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 56-5-4192. Open-end permits issued pursuant to the provisions of Chapter 5, Title 56 shall authorize the movement of a mobile home on the highways of this State on a Saturday."
SECTION ___. The 1976 Code is amended by adding:
"Section 56-5-4207. Notwithstanding other provisions of this chapter, or regulations relating to it, a mobile home may be transported on interstate highways at a speed not to exceed fifty-five miles per hour."/
Renumber sections to conform.
Amend title to conform.
Rep. G. BROWN explained the amendment.
Rep. HOLT raised the Point of Order that Amendment No. 3 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. G. BROWN proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\JIC\6137DW.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 56-5-4192. Open-end permits issued pursuant to the provisions of Chapter 5, Title 56 shall authorize the movement of a mobile home on the highways of this State on a Saturday."/
Renumber sections to conform.
Amend title to conform.
Rep. G. BROWN explained the amendment.
Rep. KENNEDY moved to table the amendment.
Rep. WORLEY demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 10 to 56.
The question then recurred to the adoption of the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 771 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-525 SO AS TO PROVIDE THAT HOUSING AUTHORITY COMMISSIONERS ARE DEEMED OWNERS OF HOUSING AUTHORITY PROPERTY FOR MATTERS PERTAINING TO OFFENSES AGAINST PROPERTY.
Rep. SIMRILL moved to table the Bill, which was agreed to.
The following Joint Resolution was taken up.
S. 850 -- Senators Rose, McConnell, Passailaigue and Mescher: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY AMENDING SECTION 5, SO AS TO PROVIDE THAT ANY TAX, SUBSIDY, OR CHARGE WHICH IS ESTABLISHED, FIXED, LAID, OR LEVIED BY THE GENERAL ASSEMBLY MUST BE USED SOLEY FOR THE PURPOSE TO WHICH THE PROCEEDS OF THE TAX OR CHARGE WERE STATED TO BE APPLIED AT THE TIME THE LEGISLATION WAS PASSED AND FOR NO OTHER PURPOSE, UNLESS TWO-THIRDS OF BOTH HOUSES OF THE GENERAL ASSEMBLY STATE OTHERWISE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6108HTC.94).
Amend the joint resolution, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. It is proposed that Section 5, Article X of the Constitution of this State be amended by adding at the end:
"Gasoline and other motor fuels tax revenues are prohibited from being appropriated or expended for any purpose or use other than that which is specifically set forth in the statute levying the tax unless the bill or joint resolution appropriating such revenues is approved by a two-thirds vote of the membership of each house on at least one of the readings of the bill or joint resolution."/
Amend further, by striking the question as contained in SECTION 2 and inserting:
/Must Section 5, Article X of the Constitution of this State be amended to provide that gasoline and other motor fuels tax revenues are prohibited from being appropriated or expended for any purpose or use other than that which is specifically set forth in the statute levying the tax unless the bill or joint resolution appropriating such revenues is approved by a two-thirds vote of the membership of each house on at least one of the readings of the bill or joint resolution?/
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. McLEOD moved to table the Joint Resolution.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Beatty Boan Brown, G. Canty Chamblee Davenport Delleney Elliott Farr Govan Harrelson Harris, J. Harris, P. Hines Holt Houck Huff Hutson Inabinett Kennedy Keyserling Kirsh Littlejohn Marchbanks Mattos McCraw McElveen McLeod Moody-Lawrence Neilson Phillips Rhoad Rudnick Sheheen Smith, R. Spearman Stone Trotter Waites Walker Wells Whipper Wilder, J. Wilkes
Those who voted in the negative are:
Bailey, G. Baker Barber Baxley Breeland Brown, H. Brown, J. Carnell Cato Cooper Corning Fair Felder Fulmer Gamble Gonzales Hallman Harrell Harrison Haskins Hodges Jaskwhich Jennings Keegan Kelley Kinon Klauber Law Martin McAbee Meacham Neal Quinn Richardson Riser Robinson Sharpe Shissias Simrill Smith, D. Snow Stoddard Stuart Thomas Tucker Vaughn Wilder, D. Witherspoon Wofford Worley Wright Young, A. Young, R.
So, the House refused to table the Joint Resolution.
Reps. McLEOD, G. BROWN, MOODY-LAWRENCE, CHAMBLEE, KIRSH and R. SMITH objected to the Joint Resolution.
The following Bill was taken up.
S. 886 -- Senators McConnell, Wilson and Reese: A BILL TO AMEND SECTION 62-3-603, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF BOND OF THE PERSONAL REPRESENTATIVE OR ADMINISTRATOR OF AN ESTATE UNDER CERTAIN CONDITIONS, SO AS TO PERMIT A BOND TO BE WAIVED ON ESTATES UNDER ONE HUNDRED THOUSAND DOLLARS UNDER CERTAIN CONDITIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20912SD.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. Section 15-51-40 of the 1976 Code is amended to read:
"Section 15-51-40. In every such action the jury may give such damages, including exemplary damages when such the wrongful act, neglect, or default was the result of recklessness, wilfulness, or malice, as they may think proportioned to the injury resulting from such the death to the parties respectively for whom and for whose benefit such action shall be brought. And the The amount so recovered shall be divided among the before-mentioned parties in such those shares as they would have been entitled to if the deceased had died intestate and the amount recovered had been personal assets of his or her estate. However, in the event of a wrongful death of a minor, upon motion by either parent, the probate court may deny or limit either parent's entitlement for a share of the proceeds if the court determines, by a preponderance of the evidence, that the parent has refused to reasonably support the decedent as defined in Section 20-7-40 and has otherwise not provided for the needs of the decedent."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1062 -- Senators Hayes, Bryan, Courtney, Jackson, Lander, Patterson, Reese, Russell, Stilwell, Wilson, Courson, Gregory, Richter, Short, Ryberg, Rose, Peeler, J. Verne Smith, Giese, Mitchell, Ford, Mescher, Leventis, Macaulay and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT" WHICH INCLUDES PROVISIONS REGULATING THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH SOLICITATIONS OF CHARITABLE FUNDS MAY BE UNDERTAKEN IN THIS STATE, PROVISIONS ESTABLISHING CERTAIN REGISTRATION AND OTHER FEES, PROVISIONS ESTABLISHING CERTAIN CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND PROVISIONS STIPULATING THE AMOUNT THAT A PERSON MAY RECOVER AS A RESULT OF AN INJURY BY REASON OF CERTAIN TORTIOUS ACTS OF AN EMPLOYEE OF THE CHARITABLE ORGANIZATION; TO AMEND THE 1976 CODE BY ADDING SECTION 38-79-30 SO AS TO RECODIFY IN TITLE 38 A PROVISION CURRENTLY CONTAINED IN CHAPTER 55 OF TITLE 33 PERTAINING TO THE LIABILITY OF A LICENSED HEALTH CARE PROVIDER WHO RENDERS MEDICAL SERVICES VOLUNTARILY AND WITHOUT COMPENSATION; AND TO REPEAL CHAPTER 55, TITLE 33 OF THE 1976 CODE RELATING TO CHARITABLE ORGANIZATIONS AND THE SOLICITATIONS OF CHARITABLE FUNDS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20953SD.94), which was adopted.
Amend the bill, as and if amended, by striking item (10) of Section 33-56-20 of the 1976 Code which begins on line 38, page 3, and inserting:
/(10) 'Educational institution' means an organization organized and operated exclusively for educational purposes and which normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of pupils or students in attendance at the place where educational activities are regularly carried on. The term 'educational institution' also includes the following persons, entities, or institutions if none of their fund-raising activities are carried on by professional solicitors as defined by this chapter:
(a) any educational institution that is an eleemosynary junior or senior college in South Carolina whose major campus and headquarters are located within this State and which is accredited by the Southern Association of Colleges and Secondary Schools; and
(b) any person or entity performing sanctioned fund-raising activities on behalf of the educational institutions referenced in subitem (a) above, its foundations, or related or affiliated funds./
Amend the bill further, as and if amended, by striking Section 33-56-50 of the 1976 Code as contained in SECTION 1 and inserting:
/Section 33-56-50. The following are not required to file registration statements with the Secretary of State, provided none of its fund-raising activities are carried on by professional solicitors:
(1) an educational institution which solicits contributions only from its students and their families, alumni, faculty, friends and other constituencies, trustees, corporations, foundations, and individuals who are interested in and supportive of the programs of the institution;
(2) persons requesting contributions for the relief of an individual specified by name at the time of the solicitation when all of the contributions collected without any deductions of any kind are turned over to the named beneficiary for his use, provided that a person soliciting the contributions is not a named beneficiary;
(3) charitable organizations which do not intend to solicit nor receive contributions from the public in excess of five thousand dollars during a calendar year or do not receive contributions from more than ten persons during a calendar year, if all of their functions, including fund-raising activities, are carried on by persons who are unpaid for their services and if no part of their assets or income inures to the benefit of or is paid to any officer or member. If the contributions raised from the public, whether all of the contributions are or are not received by a charitable organization during any calendar year, are in excess of five thousand dollars, within thirty days after the date the contributions exceed five thousand dollars, it must register with and report to the department as required by this chapter;
(4) organizations which solicit exclusively to their members, including utility cooperatives; and
(5) any veteran's organization which has a congressional charter.
Any charitable organization claiming to be exempt from the registration provisions of this chapter and which will or does solicit charitable contributions shall submit annually to the secretary on forms to be prescribed by the secretary, the name, address, and purpose of the organization and a statement setting forth the reason for the claim for exemption. If exempted, the secretary or his appropriate division shall issue a letter of exemption which may be exhibited to the public. No filing fee is required of an exempt organization./
Amend the bill further, as and if amended, by striking Section 33-56-60 of the 1976 Code as contained in SECTION 1 and inserting:
/Section 33-56-60. (A) Each charitable organization soliciting funds in this State and not exempt under Section 33-56-50, whether individually or collectively with other organizations, shall file a report of its financial activities, on forms prescribed by the Secretary of State, certified to be true by the chief executive officer and the chief financial officer of it, in the office of the Secretary of State. The report must cover the preceding fiscal year and must be filed within two and one-half months of the close of the organization's fiscal year unless a written extension has been granted by the secretary.
The report must include:
(1) specific and itemized support and revenue statements disclosing direct public support from solicitation, indirect public support, government grants, program service revenue, and any other revenue. The report must disclose the amount of direct public support received from direct mail solicitation, telephone solicitation, commercial co-venturers, door to door solicitations, telethons, and all other itemized sources;
(2) specific and itemized expense statements disclosing program services, public information expenditures, fund-raising costs, payments to affiliates, management costs, and salaries paid; and
(3) balance sheet disclosures containing total assets and liabilities.
(B) However, if a charitable organization is required to file Internal Revenue Service Form 990 with the Internal Revenue Service, the organization may file such form with the secretary in lieu of the report required under subsection (A) of this section, provided that the form may exclude such information which the Internal Revenue Service would not release pursuant to a Freedom of Information request.
(C) An organization failing to file the report required by this section may be enjoined from further solicitation of funds in this State in an action brought by the Attorney General or secretary. An organization failing to file a timely report required by this section may be assessed by the secretary administrative fines not to exceed two thousand dollars./
Amend the bill further, as and if amended, by striking Section 33-56-80 of the 1976 Code as contained in SECTION 1 and inserting:
/"Section 33-56-80. Registration statements and applications, reports, professional fund-raising counsel contracts or professional solicitor contracts, and all other documents and information required to be filed under this chapter or by the Secretary of State are public records in the office of the Secretary of State and are open to the general public for inspection at such time and under such conditions as the secretary may prescribe. The secretary shall publish and make available to the public and to persons subject to this chapter explanatory information concerning this chapter, the duties imposed by this chapter, and the means for enforcing this chapter."/
Amend the bill further, as and if amended, by striking Section 33-56-160 of the 1976 Code as contained in SECTION 1 and inserting:
/"Section 33-56-160. All administrative fines imposed pursuant to this chapter must be transmitted to the State Treasurer and deposited in the state general fund. All fees collected under this chapter must be transmitted to the State Treasurer and deposited in a fund separate and distinct from the state general fund and used by the Secretary of State for the purpose of administering the provisions of this chapter."/
Amend the bill further, as and if amended, by striking Sections 33-56-170 and 33-56-180 of the 1976 Code, as contained in SECTION 1, in their entirety.
Amend the bill further, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION ____. Section 33-7-103(a) of the 1976 Code is amended to read:
"(a) The circuit court of the county where a corporation's principal office (or, if none in this State, its registered office) is located may order a meeting to be held:
(1) on application of any shareholder of the corporation entitled to participate in an annual meeting if an annual meeting was not held within the earlier of six nine months after the end of the corporation's fiscal year or fifteen eighteen months after its last annual meeting; or
(2) on application of a shareholder who signed a demand for a special meeting valid under Section 33-7-102 if:
(i) notice of the special meeting was not given within thirty days after the date the demand was delivered to the corporation's secretary; or
(ii) the special meeting was not held in accordance with the notice."
SECTION ____. Section 33-8-106 of the 1976 Code is amended to read:
"Section 33-8-106. If there are nine six or more directors, the articles of incorporation may provide for staggering their terms by dividing the total number of directors into two or three groups, with each group containing one-half or one-third of the total, as near as may be. The terms of directors in the first group expire at the first annual shareholders' meeting after their election; the terms of the third group, if any, expire at the third annual shareholders' meeting after their election. At each annual shareholders' meeting held thereafter, directors are chosen for a term of two years or three years, as the case may be, to succeed those directors whose terms expire."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Reps. HARRISON and HODGES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\20959SD.94), which was adopted.
Amend the bill, as and if amended, by adding after Section 33-56-160 of the 1976 Code, as contained in SECTION 1, the following:
/"Section 33-56-170. For purposes of Section 33-56-180:
(a) 'Charitable organization' means any organization, institution, association, society, or corporation which is exempt from taxation pursuant to Section 501(c)(3) or 501(d) of Title 26 of the United States Code, as amended, or pursuant to Section 12-7-330.
(b) 'Employee' means an agent, servant, employee, or officer of a charitable organization.
Section 33-56-180. Any person sustaining an injury or dying by reason of the tortious act of commission or omission of an employee of a charitable organization, when the employee is acting within the scope of his employment, may only recover in an action brought against the charitable organization for the actual damages he may sustain in an amount not exceeding two hundred thousand dollars. An action against the charitable organization under this section constitutes a complete bar to any recovery by the claimant, by reason of the same subject matter, against the employee of the charitable organization whose act or omission gave rise to the claim unless it is alleged and proved in the action that the employee acted in a reckless, wilful, or grossly negligent manner, and the employee must be properly joined as a party defendant. No judgment against an employee of a charitable organization may be returned unless a specific finding is made that the employee acted in a reckless, wilful, or grossly negligent manner. If the charitable organization for which the employee was acting cannot be determined at the time the action is instituted, the plaintiff may name as a party defendant the employee, and the entity for which the employee was acting must be added or substituted as party defendant when it can be reasonably determined."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. BAXLEY proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\GJK\21002SD.94), which was adopted.
Amend the bill, as and if amended, by adding after Section 33-56-160 of the 1976 Code, as contained in SECTION 1, the following:
/"Section 33-56-170. For purposes of Section 33-56-180:
(a) 'Charitable organization' means any organization, institution, association, society, or corporation which is exempt from taxation pursuant to Section 501(c)(3) or 501(d) of Title 26 of the United States Code, as amended, or pursuant to Section 12-7-330.
(b) 'Employee' means an agent, servant, employee, or officer of a charitable organization.
Section 33-56-180. Any person sustaining an injury or dying by reason of the tortious act of commission or omission of an employee of a charitable organization, when the employee is acting within the scope of his employment, may only recover in an action brought against the charitable organization for the actual damages he may sustain in an amount not exceeding two hundred fifty thousand dollars. An action against the charitable organization under this section constitutes a complete bar to any recovery by the claimant, by reason of the same subject matter, against the employee of the charitable organization whose act or omission gave rise to the claim unless it is alleged and proved in the action that the employee acted in a reckless, wilful, or grossly negligent manner, and the employee must be properly joined as a party defendant. No judgment against an employee of a charitable organization may be returned unless a specific finding is made that the employee acted in a reckless, wilful, or grossly negligent manner. If the charitable organization for which the employee was acting cannot be determined at the time the action is instituted, the plaintiff may name as a party defendant the employee, and the entity for which the employee was acting must be added or substituted as party defendant when it can be reasonably determined."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAXLEY explained the amendment.
Rep. STEWART demanded the yeas and nays on the adoption of the amendment, which were not ordered.
The amendment was then adopted by a division vote of 54 to 25.
Rep. BAXLEY proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\CYY\16343AC.94).
Amend the bill, as and if amended, by deleting Section 33-56-180 and inserting:
/Section 33-56-180. (A) Any person sustaining an injury or dying by reason of the tortious act of commission or omission of an employee of a charitable organization, when the employee is acting within the scope of his employment, may only recover in an action brought against the charitable organization for the actual damages he may sustain in an amount not exceeding two hundred fifty thousand dollars. An action against the charitable organization under this section constitutes a complete bar to any recovery by the claimant, by reason of the same subject matter, against the employee of the charitable organization whose act or omission gave rise to the claim unless it is alleged and proved in the action that the employee acted in a reckless, wilful, or grossly negligent manner, and the employee must be properly joined as a party defendant. No judgment against an employee of a charitable organization may be returned unless a specific finding is made that the employee acted in a reckless, wilful, or grossly negligent manner. If the charitable organization for which the employee was acting cannot be determined at the time the action is instituted, the plaintiff may name as a party defendant the employee, and the entity for which the employee was acting must be added or substituted as party defendant when it can be reasonably determined.
(B) Notwithstanding subsection (A), if the injury or death giving rise to the action arose from the use or operation of a motor vehicle, nothing in this section prohibits the injured person from bringing a joint or separate action against the employee or any other responsible party other than the charitable organization. However, the additional recovery against the employee is limited to the insurance coverage carried on the motor vehicle pursuant to Section 38-77-140 through Section 38-77-230 and the benefits included under Section 38-77-240 through Section 38-77-260. This additional coverage is secondary to the damages limitation contained in subsection (A), and must not be reached unless the damages sustained by the injured party exceed the damage limitation. Further, nothing in this section prevents the injured person from recovering benefits pursuant to Section 38-77-160./
Renumber sections to conform.
Amend title to conform.
Rep. BAXLEY explained the amendment.
Rep. HARRISON spoke against the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 4, Rep. HARRISON having the floor.
Rep. BOAN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 4911 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; AND TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Barber Baxley Boan Breeland Brown, G. Brown, H. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Corning Cromer Delleney Farr Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harwell Hines Hodges Holt Houck Huff Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McElveen McKay McLeod Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Snow Spearman Stoddard Stone Stuart Sturkie Thomas Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright
Those who voted in the negative are:
Cooper Davenport Fair Haskins Meacham Smith, D. Young, A. Young, R.
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. BOAN, COBB-HUNTER and HALLMAN to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4911 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; AND TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after enacting words and inserting:
/SECTION 1. (A) Sub-subitem (b), subitem 2 (Adjutant General), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended to read:
"2. Adjutant General
(b) Congaree Armory 607,200 30,000
(B) Subitem 2 (Adjutant General), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended by adding:
(j) Armory Construction/Renovations 577,200
The Adjutant General's Office must request the use of the Armory Construction\Renovations funds for specific projects."
SECTION 2. (A) Sub-subitem (c), subitem 21 (Department of Corrections), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended to read:
"21. Department of Corrections
(c) 10 2 96-Bed Additions 6,464,933 1,486,000
(B) Subitem 21 (Department of Corrections), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended by adding:
(g) Construction/Renovation 3,978,933
The Department of Corrections must request the use of the funds identified in sub-subitem (g) for the Lancaster Institution, a Rehabilitation Unit for the Mentally Retarded or General Renovations or all of these projects. The Department must request the specific use of the funds for any of those projects from the Joint Bond Review Committee and the Budget and Control Board. The Lancaster Institution has priority over the use of the funds. If all of the funds in sub-subitem (g) are not used for the Lancaster Institution, then the Department shall request the specific use of the funds for either the Rehabilitation Unit for Mentally Retarded or General Renovations or both projects.
The Department of Corrections and the State Budget and Control Board are directed to proceed with the construction of the Lancaster Institution. The project costs are anticipated to require an increase of approximately $5,000,000. It is the intent of the General Assembly to provide the additional funds required to complete the institution in legislation authorizing the issuance of additional capital improvement bonds or other funding mechanisms. It is the intent of the General Assembly to provide funds for the Rehabilitation Unit for the Mentally Retarded or General Renovations, if necessary.
(C) Item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended by adding a new subitem 32:
32. Department of Probation, Parole and Pardon Services
2 Community Control Centers 2,400,000
Total, Department of Probation,
Parole and Pardon Services 2,400,000"
SECTION 3. Subitem 22 (Department of Juvenile Justice), item (f), Section 3 of Act 1377 of 1968, as amended by Part II, Section 77, of Act 164 of 1993, is amended to read:
"22. Department of Juvenile Justice
(i) Fire and Life Safety Renovations 3,300,000
(j) Regional Reception and Evaluation Centers 6,660,961
The disbursement of funds and the location for the regional reception and evaluation centers authorized in this subitem must be consistent with the terms of the settlement agreement in the case of ALEXANDERS S. VS. McLAWHORN."
SECTION 4. Subitem 16, (Archives and History), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended to read:
"16. Department of Archives and History
Wardlaw School Acquisition
New Facility 2,500,000 1,100,000
Total, Department of Archives and History 2,500,000 1,100,000
Of the funds authorized above for the new facility, the Department of Archives and History may only proceed with the expenditure of funds for architectural and engineering related work (A&E) for the proposed facility. The expenditure of funds for these purposes cannot exceed $1,100,000. All other project phases and related costs, including construction, may not proceed until all remaining project funds are authorized and can be made available."
SECTION 5. Section 3 of Act 1377 of 1968, as last amended by Section 77, Part II, Act 164 of 1993, is further amended by adding:
"1. Department of Education
Purchase of new school buses 104,450,000
Total, Department of Education 104,450,000
2. School for the Deaf and Blind
Student Transportation Vehicles 500,000
Total, School for the Deaf and Blind 500,000
3. Wil Lou Gray Opportunity School
Student Transportation Vehicles 50,000
Total, Wil Lou Gray Opportunity School 50,000
Total, All Agencies $105,000,000"
SECTION 6. Section 4 of Act 1377 of 1968, as last amended by Act 523 of 1992, is further amended to read:
"Section 4. The aggregate principal indebtedness on account of bonds issued pursuant to this act may not exceed $1,790,539,125.10 1,895,539,125.10. The limitation imposed by the provisions of this section does not apply to bonds issued on behalf of the Mental Health Commission as provided in Acts 1276 and 1272 of 1970, or to bonds issued on behalf of the Commission on Mental Retardation as provided in Act 1087 of 1970 or to bonds issued on behalf of the South Carolina Fire Academy. The limitation imposed by the provisions of this section is not considered to be an obligation of the contract made between the State and holders of bonds issued pursuant to this act, and the limitation imposed by the provisions of this section may be enlarged by acts amending it or reduced by the application of the Capital Reserve Fund or by amendments of this act. Within these limitations state capital improvement bonds may be issued under the conditions prescribed by this act."
SECTION 7. This act takes effect upon approval by the Governor./
Amend title to read:
A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE FOR THE DEPARTMENT OF CORRECTIONS; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE; TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE DEPARTMENT OF ARCHIVES AND HISTORY, PROVIDE THAT THE DEPARTMENT MAY ONLY PROCEED WITH THE EXPENDITURE OF FUNDS FOR ARCHITECTURAL AND ENGINEERING RELATED WORK FOR THE PROPOSED FACILITY; TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS FOR THE DEPARTMENT OF EDUCATION, SCHOOL FOR THE DEAF AND BLIND, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL; AND AMEND THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO CONFORM TO THE PROVISIONS OF THIS ACT.
/s/John Drummond /s/William D. Boan /s/J. Verne Smith /s/Harry M. Hallman, Jr. /s/Phil P. Leventis /s/Gilda Cobb-Hunter On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. BOAN moved that the Committee of Conference on the following Joint Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.
The yeas and nays, were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, G. Baker Barber Baxley Boan Breeland Brown, G. Brown, H. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cromer Delleney Farr Felder Fulmer Gamble Gonzales Govan Graham Hallman Harris, J. Harris, P. Harvin Hines Hodges Houck Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Law Marchbanks Martin Mattos McAbee McCraw McElveen McKay McLeod Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sheheen Shissias Simrill Smith, R. Snow Spearman Stille Stoddard Stone Stuart Sturkie Thomas Trotter Tucker Vaughn Waites Waldrop Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright
Those who voted in the negative are:
Cooper Davenport Fair Haskins Littlejohn Walker Young, A. Young, R.
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. BOAN, COBB-HUNTER and HALLMAN to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
Rep. CLYBORNE moved that the House recede until 5:45 P.M., which was adopted by a division vote of 80 to 23.
At 5:45 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Rep. BOAN moved that the Committee of Conference on the following Joint Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Bailey, G. Bailey, J. Baker Barber Baxley Boan Breeland Brown, H. Byrd Canty Chamblee Clyborne Cobb-Hunter Cromer Delleney Farr Felder Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Hines Holt Houck Huff Hutson Inabinett Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Marchbanks Mattos McAbee McCraw Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Rogers Rudnick Scott Sharpe Sheheen Shissias Smith, R. Snow Spearman Stille Stoddard Stone Sturkie Thomas Trotter Tucker Waites Waldrop Whipper White Wilder, D. Wilkes Wilkins Witherspoon Worley
Those who voted in the negative are:
Alexander, T.C. Cato Cooper Davenport Fair Fulmer Haskins Lanford Littlejohn Meacham Robinson Simrill Smith, D. Vaughn Walker Wilder, J. Wofford Young, A. Young, R.
So, having failed to received the necessary two-thirds vote, Free Conference Powers were rejected.
Rep. BOAN moved that the Committee of Conference on the following Joint Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Bailey, G. Bailey, J. Baker Barber Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Chamblee Clyborne Cobb-Hunter Corning Cromer Delleney Farr Felder Fulmer Gamble Gonzales Govan Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Hines Holt Houck Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Marchbanks Martin Mattos McAbee McCraw McElveen McKay McLeod Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Rogers Rudnick Scott Sharpe Sheheen Smith, R. Snow Spearman Stille Stoddard Stone Stuart Sturkie Thomas Trotter Tucker Waites Waldrop Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright
Those who voted in the negative are:
Alexander, T.C. Allison Cato Cooper Davenport Fair Graham Haskins Lanford Littlejohn Meacham Robinson Simrill Smith, D. Vaughn Walker Young, A. Young, R.
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. BOAN, COBB-HUNTER and HALLMAN to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The SPEAKER granted Rep. CARNELL a leave of absence for the remainder of the day.
Rep. G. BAILEY moved that the House recur to the Morning Hour, which was agreed to by a division vote of 85 to 8.
The following was received.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it recedes from its amendments to S. 927, and requests that proper notation be recorded on the Bill.
S. 927 -- Senators Giese, Passailaigue, Glover, Hayes, Holland, Lander, Mitchell, O'Dell, Reese, Short, Washington, Rose, Leventis, Wilson, Rankin and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE, AND TO PROVIDE FOR THE REQUIREMENTS OF THE COURSE.
Very respectfully,
President
A message having been received from the Senate that it had receded from its amendments, it was ordered that the title of the Bill be changed to that of an Act and that the Act be enrolled for ratification.
The following was received.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 1040:
S. 1040 -- Senator Bryan: A BILL TO AMEND SECTION 2-15-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators DRUMMOND, J. VERNE SMITH and LEVENTIS of the Committee of Free Conference on the part of the Senate on H. 4911 and granted Free Conference powers.
H. 4911 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; AND TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4911:
H. 4911 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; AND TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
H. 4911 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; AND TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE.
Very respectfully,
President
Received as information.
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 1040 -- Senator Bryan: A BILL TO AMEND SECTION 2-15-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting word and inserting:
/SECTION 1. Section 2-15-10 of the 1976 Code, as last amended by Act 329 of 1990, is further amended to read:
"Section 2-15-10. There is created the Legislative Audit Council consisting of three five members, one of whom must be a practicing certified public accountant or a licensed public accountant and one of whom must be an attorney. The council must be elected by the General Assembly in a joint session from the nominees presented by the nominating committee. The council also includes as ex officio members the following: the Chairmen of the Senate and House Judiciary Committees or a designee by either chairman from the membership of the respective committees; and the Chairmen of the Senate Finance Committee and the House Ways and Means Committee or a designee by either chairman from the membership of the respective committees; the Speaker of the House of Representatives and the Lieutenant Governor of South Carolina or their designees from the membership of the General Assembly. The ex officio members, including their designees, are voting members on all matters except those pertaining to auditing functions and personnel matters. The council is directly responsible to the General Assembly and is independent of any other state agency, board, or department."
SECTION 2. Section 2-15-20 of the 1976 Code is amended to read:
"Section 2-15-20. The nominating committee shall must be composed of seven six members, two three of whom shall must be appointed by the Governor, President of the South Carolina Senate and two elected three of whom must be appointed by the South Carolina Senate, two elected by the Speaker of the South Carolina House of Representatives and one appointed by the South Carolina Board of Accountancy. The nominating committee shall present at least one nominee and not more than three nominees for each vacancy. When a vacancy occurs, the director shall immediately notify those charged with appointing the nominating committee. If the General Assembly is in session at the time notice is given, a nominating committee must be appointed within fifteen days of the notification and the election must be held within forty-five days of the notification and no later than sine die adjournment of the General Assembly. If the General Assembly is not in session and a vacancy exists in the non ex officio members of the council, the Speaker and President of the Senate, acting jointly, shall fill the vacancy until an election can be held."
SECTION 3. Section 1-27-10 of the 1976 Code is amended to read:
"Section 1-27-10. There is created the South Carolina Advisory Commission on Intergovernmental Relations (commission) as part of the Office of the Executive Director, State Budget and Control Board."
SECTION 4. Section 1-27-60 of the 1976 Code is amended to read:
"Section 1-27-60. The commission shall receive funding as may be provided by the General Assembly and the commission may expend federal funds and grants and gifts it may receive from other sources for the purpose of carrying out its duties and responsibilities. The Commission shall recommend an annual budget and appropriation request to the Budget and Control Board."
SECTION 5. This act takes effect upon approval by the Governor./
Amend the title to read:
A BILL TO AMEND SECTION 2-15-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY, AND DELETE TWO EX OFFICIO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE LIEUTENANT GOVERNOR; TO AMEND SECTION 2-15-20 RELATING THE COMPOSITION OF THE NOMINATING COMMITTEE CHOSEN TO PRESENT NOMINEES TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO DECREASE FROM SEVEN TO SIX THE NUMBER OF MEMBERS AND THE MANNER THE MEMBERS ARE CHOSEN, AND PROVIDE THE PROCEDURE FOR FILLING VACANCIES; TO AMEND SECTION 1-27-10 RELATING TO SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS, SO AS TO MAKE THE COMMISSION A PART OF THE OFFICE OF THE EXECUTIVE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-27-60, RELATING TO THE FUNDING OF THE ADVISORY COMMISSION ON INTERGOVERNMENTAL COMMISSION, SO AS DELETE THE REQUIREMENT THAT THE COMMISSION RECOMMEND AN ANNUAL BUDGET AND APPROPRIATION REQUEST TO THE BUDGET AND CONTROL BOARD.
/s/James E. Bryan /s/Herbert Kirsh /s/Ernie Passailaigue James H. Hodges /s/Robert W. Hayes, Jr. /s/Roland S. Corning On Part of the Senate. On Part of the House.
Rep. KIRSH explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
H. 3742 -- Reps. McLeod, Baxley, Simrill, Scott, Rudnick, Holt, J. Brown, Moody-Lawrence, Byrd, Shissias, Davenport, Cooper, Littlejohn, Stille, Cato, Vaughn, D. Wilder and J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-85 SO AS TO REQUIRE THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION TO ASCERTAIN WHETHER OR NOT THE PAST PERFORMANCE RECORD OF ANY APPLICANT FOR LICENSING AS A RESIDENTIAL BUILDER OR FOR REGISTRATION OR CERTIFICATION AS A RESIDENTIAL SPECIALTY CONTRACTOR IS GOOD AND TO ASCERTAIN CERTAIN OTHER INFORMATION ABOUT SUCH APPLICANT, AND PROVIDE THAT THE APPLICATION AND RENEWAL FORMS FOR ALL LICENSES, CERTIFICATIONS, AND REGISTRATIONS ISSUED BY THE COMMISSION SHALL REQUIRE THE APPLICANT TO LIST ANY OUTSTANDING JUDGMENTS AGAINST HIM.
Very respectfully,
President
Received as information.
The following was received from the Senate.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4323:
H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT; AND TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO PROVIDING SIGNS STATING THE PENALTY FOR ARMED ROBBERY, SO AS TO REMOVE FROM THE SIGN CERTAIN PROVISIONS.
Very respectfully,
President
On motion of Rep. HODGES, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. WILKINS, HODGES and MARTIN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators SALEEBY, GREG SMITH and COURTNEY of the Committee of Free Conference on the part of the Senate on S. 861 and granted Free Conference powers.
S. 861 -- Senator Greg Smith: A BILL TO AMEND SECTION 38-75-310(5), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, SO AS TO INCLUDE THE MURRELLS INLET PORTION OF GEORGETOWN COUNTY IN THE DEFINITION OF COASTAL AREA.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 861:
S. 861 -- Senator Greg Smith: A BILL TO AMEND SECTION 38-75-310(5), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, SO AS TO INCLUDE THE MURRELLS INLET PORTION OF GEORGETOWN COUNTY IN THE DEFINITION OF COASTAL AREA.
Very respectfully,
President
Received as information.
The Senate returned to the House with amendments the following:
S. 953 -- Senator Courtney: A BILL TO AMEND SECTION 24-21-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESENTENCE INVESTIGATIONS OF CRIMINAL SUSPECTS, SO AS TO PROVIDE THAT THE DEFENDANT MAY WAIVE THE PRESENTENCE INVESTIGATION IF PLEADING GUILTY OR NOLO CONTENDERE; AND TO AMEND SECTION 24-21-530, RELATING TO PRESENTENCE INVESTIGATIONS SO AS TO ALLOW WAIVER PURSUANT TO SECTION 24-21-530.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 4750 -- Reps. Littlejohn, G. Bailey and Walker: A BILL TO AMEND TITLE 5, CHAPTER 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES AND FIRE PREVENTION, BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR THE INSTALLATION AND USE OF SMOKE DETECTORS IN RENTAL DWELLINGS AND HOUSING AND PROVIDE FOR PENALTIES.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 5053 -- Rep. M.O. Alexander: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS AND PROVIDE THAT WHEN AN EMPLOYEE MAKES A CLAIM FOR BENEFITS PURSUANT TO TITLE 42 AND THE RECORDS OF THE WORKERS' COMPENSATION COMMISSION INDICATE THAT THE EMPLOYER IS OPERATING WITHOUT INSURANCE, THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND OR ANY PERSON DESIGNATED BY THE DIRECTOR MAY SUBPOENA THE EMPLOYER OR ITS AGENTS AND REQUIRE THE PRODUCTION OF ANY DOCUMENTS OR RECORDS WHICH THE FUND CONSIDERS RELEVANT TO ITS INVESTIGATION OF THE CLAIM.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5270 -- Reps. Meacham, Stoddard, Thomas, Houck, Gamble, Kirsh, Hodges, Chamblee, Neal, Stuart, R. Smith, Keegan, Cooper, Shissias, Wilkes, Lanford, J. Harris, Law, Robinson, Martin, Marchbanks, D. Wilder, Snow, Phillips, Huff, Clyborne, Moody-Lawrence, M.O. Alexander, Sturkie, Cato, Wilkins, Harrison, Hines, Fair, Baker, Vaughn, Riser, Quinn, A. Young, Govan, Simrill, Witherspoon, Jaskwhich, Waites, H. Brown, Hutson, Wofford, Farr, Stone, Stille, Sharpe, Neilson, Haskins, Trotter, Inabinett, Allison, Davenport, Harrelson, Kelley, Klauber and Walker: A HOUSE RESOLUTION TO REQUEST THE SUPREME COURT OF THE STATE OF SOUTH CAROLINA TO IMPLEMENT A NEW JUDICIAL STANDARDS COMMISSION PROCEDURE.
On motion of Rep. MEACHAM, with unanimous consent, the following House Resolution was taken up for immediate consideration.
H. 5270 -- Reps. Meacham, Stoddard, Thomas, Houck, Gamble, Kirsh, Hodges, Chamblee, Neal, Stuart, R. Smith, Keegan, Cooper, Shissias, Wilkes, Lanford, J. Harris, Law, Robinson, Martin, Marchbanks, D. Wilder, Snow, Phillips, Huff, Clyborne, Moody-Lawrence, M. O. Alexander, Sturkie, Cato, Wilkins, Harrison, Hines, Fair, Baker, Vaughn, Riser, Quinn, A. Young, Govan, Simrill, Witherspoon, Jaskwhich, Waites, H. Brown, Hutson, Wofford, Farr, Stone, Stille, Sharpe, Neilson, Haskins, Trotter, Inabinett, Allison, Davenport, Harrelson, Kelley, Klauber and Walker: A HOUSE RESOLUTION TO REQUEST THE SUPREME COURT OF THE STATE OF SOUTH CAROLINA TO IMPLEMENT A NEW JUDICIAL STANDARDS COMMISSION PROCEDURE.
Whereas, the members of the House of Representatives were distressed to learn of recent problems involving members of our Judiciary and handling thereof by the Judicial Standards Commission; and
Whereas, the House of Representatives feels the commission, its practices, and procedures are in need of reform; and
Whereas, recent events have reflected discredit upon our Judicial System in the eyes of the public; and
Whereas, more specific guidelines, deadlines, and procedures need to be implemented; and
Whereas, the Supreme Court of the State of South Carolina is the governing authority of the State of South Carolina's Judicial System. Now, therefore,
Be it resolved by the House of Representatives:
That the House of Representatives of the State of South Carolina, by this resolution, requests the Supreme Court of South Carolina to implement a new Judicial Standards Commission procedure.
Be it further resolved that a copy of this resolution be forwarded to the Chief Justice of the South Carolina Supreme Court.
The Resolution was adopted.
The following was introduced:
H. 5284 -- Rep. Tucker: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE ANDERSON'S 1109 SOUTH MAIN RESTAURANT UPON RECEIVING THE DIRONA AWARD BY THE DISTINGUISHED RESTAURANTS OF NORTH AMERICA.
The Resolution was adopted.
The following was introduced:
H. 5285 -- Rep. Davenport: A HOUSE RESOLUTION TO RECOGNIZE THE ACADEMIC AND CIVIC ACCOMPLISHMENTS OF BOILING SPRINGS HIGH SCHOOL SENIOR, CHRISTINA FLYNN.
The Resolution was adopted.
The following was introduced:
H. 5286 -- Rep. Meacham: A CONCURRENT RESOLUTION COMMENDING AND THANKING CHIEF BOBBY KIMBRELL FOR HIS EXEMPLARY SERVICE TO LAW ENFORCEMENT AND AS CHIEF OF POLICE OF THE TOWN OF FORT MILL, AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5287 -- Reps. G. Brown, Hines and Harvin: A CONCURRENT RESOLUTION TO HONOR W. M. JEFFERSON UPON HIS RETIREMENT AS ASSISTANT SUPERINTENDENT FROM THE LEE COUNTY SCHOOL DISTRICT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5288 -- Reps. Shissias, J. Brown, Byrd, Corning, Cromer, Harrison, Neal, Quinn, Rogers, Scott and Waites: A CONCURRENT RESOLUTION COMMENDING DR. JOHN H. HUDGENS FOR HIS OUTSTANDING SERVICE AS SUPERINTENDENT OF RICHLAND SCHOOL DISTRICT TWO, AND WISHING HIM HAPPINESS AND SUCCESS IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5289 -- Reps. Harrison, J. Brown, Byrd, Cromer, Neal, Quinn, Rogers, Scott, Shissias and Waites: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE ROLAND S. CORNING, OF RICHLAND COUNTY FOR HIS EXCELLENT PUBLIC SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, AND EXPRESSING APPRECIATION FOR HIS FRIENDSHIP AND WISHING HIM THE BEST IN HIS NEW POSITION ON THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION.
Whereas, the Honorable Roland S. Corning, of Richland County has been a distinguished member of the General Assembly since his election to the House of Representatives in 1986; and
Whereas, for eight years Roland has endeavored as a legislator to accomplish what is good for the State of South Carolina; and
Whereas, his colleagues have admired his skill, his dedication, and his hard work and have appreciated his friendship; and
Whereas, he has chosen not to seek reelection to the House of Representatives in 1994; and
Whereas, he has been appointed to serve on the South Carolina Workers' Compensation Commission; and
Whereas, we want him to know that we will always consider him a good friend. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, commend the Honorable Roland S. Corning, of Richland County for his excellent public service as a member of the House of Representatives and express appreciation for his friendship and wish him the best in his new position on the South Carolina Workers' Compensation Commission.
Be it further resolved that a copy of this resolution be presented to Representative Roland Corning.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 4, Rep. HARRISON having the floor.
S. 1062 -- Senators Hayes, Bryan, Courtney, Jackson, Lander, Patterson, Reese, Russell, Stilwell, Wilson, Courson, Gregory, Richter, Short, Ryberg, Rose, Peeler, J. Verne Smith, Giese, Mitchell, Ford, Mescher, Leventis, Macaulay and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT" WHICH INCLUDES PROVISIONS REGULATING THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH SOLICITATIONS OF CHARITABLE FUNDS MAY BE UNDERTAKEN IN THIS STATE, PROVISIONS ESTABLISHING CERTAIN REGISTRATION AND OTHER FEES, PROVISIONS ESTABLISHING CERTAIN CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND PROVISIONS STIPULATING THE AMOUNT THAT A PERSON MAY RECOVER AS A RESULT OF AN INJURY BY REASON OF CERTAIN TORTIOUS ACTS OF AN EMPLOYEE OF THE CHARITABLE ORGANIZATION; TO AMEND THE 1976 CODE BY ADDING SECTION 38-79-30 SO AS TO RECODIFY IN TITLE 38 A PROVISION CURRENTLY CONTAINED IN CHAPTER 55 OF TITLE 33 PERTAINING TO THE LIABILITY OF A LICENSED HEALTH CARE PROVIDER WHO RENDERS MEDICAL SERVICES VOLUNTARILY AND WITHOUT COMPENSATION; AND TO REPEAL CHAPTER 55, TITLE 33 OF THE 1976 CODE RELATING TO CHARITABLE ORGANIZATIONS AND THE SOLICITATIONS OF CHARITABLE FUNDS.
Debate was resumed on Amendment No. 4, by Rep. BAXLEY.
Rep. HARRISON moved to table the amendment, which was not agreed to by a division vote of 67 to 2.
Rep. BAXLEY proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\CYY\16340AC.94), which was adopted.
Amend the bill, as and if amended, by deleting Section 33-56-180 and inserting:
/Section 33-56-180. (A) Any person sustaining an injury or dying by reason of the tortious act of commission or omission of an employee of a charitable organization, when the employee is acting within the scope of his employment, may only recover in an action brought against the charitable organization for the actual damages he may sustain in an amount not exceeding two hundred fifty thousand dollars. An action against the charitable organization under this section constitutes a complete bar to any recovery by the claimant, by reason of the same subject matter, against the employee of the charitable organization whose act or omission gave rise to the claim unless it is alleged and proved in the action that the employee acted in a reckless, wilful, or grossly negligent manner, and the employee must be properly joined as a party defendant. No judgment against an employee of a charitable organization may be returned unless a specific finding is made that the employee acted in a reckless, wilful, or grossly negligent manner. If the charitable organization for which the employee was acting cannot be determined at the time the action is instituted, the plaintiff may name as a party defendant the employee, and the entity for which the employee was acting must be added or substituted as party defendant when it can be reasonably determined.
(B) Notwithstanding subsection (A), if the injury or death giving rise to the action arose from the use or operation of a motor vehicle, nothing in this section prevents the injured person from recovering benefits pursuant to Section 38-77-160./
Amend further: Section 38-77-160 is amended as follows:
By inserting "or in excess of any damages cap or limitation imposed by statute." after the words "by an at-fault insured or underinsured motorist."
Renumber sections to conform.
Amend title to conform.
Rep. BAXLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1199 -- Senator Hayes: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY AND NOTIFICATION TO HIS PARENTS AND APPROPRIATE AGENCIES, SO AS TO PROVIDE THAT WHEN A CHILD IS TAKEN INTO CUSTODY FOR AN OFFENSE WHICH WOULD BE A MISDEMEANOR OR FELONY IF COMMITTED BY AN ADULT, THE LAW ENFORCEMENT OFFICER ALSO SHALL NOTIFY THE PRINCIPAL OF THE SCHOOL IN WHICH THE CHILD IS ENROLLED, IF ANY, OF THE NATURE OF THE OFFENSE, AND TO PROVIDE THAT THE PRINCIPAL MAY USE THIS INFORMATION FOR MONITORING AND SUPERVISORY PURPOSES BUT OTHERWISE MUST KEEP THIS INFORMATION CONFIDENTIAL.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16292AC.94), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited as the "School Safety and Juvenile Justice Reform Act of 1994".
SECTION 2. Before January 1, 1995, the Department of Juvenile Justice shall develop a long-term plan to be phased in over the next five years beginning on July 1, 1995 which:
(1) Decentralizes the centralized Department of Juvenile Justice facilities in Columbia and reduce the number of secure beds utilized for nonviolent, nonrepeat offenders through the use of programs involving more intense supervision and treatment services at the community level. The department shall consider closing a significant number of its secure bed facilities in Columbia and opening smaller sized, regional secure facilities in at least four areas of the State: the Upstate, the Midlands, the Low Country, and the Pee Dee. Each regional secure facility also shall provide pre-adjudicatory detention facilities in agreement with county or regional plans.
(2) Explores the possibility of leasing some of its facilities, which would close with decentralization of the Columbia facilities, to the Department of Corrections and using the lease money to help fund the decentralized and reoriented Department of Juvenile Justice budget.
(3) Includes alternatives to incarceration for those juveniles under the supervision of the department but not adjudicated delinquent for the commission of violent offenses as defined in Section 16-1-60. The alternatives to incarceration shall maximize integrated, highly individualized home, school, and neighborhood based services and programs and shall include the purchase of diversified services on the community level. These services and programs shall include, but are not limited to, juvenile arbitration, mentor homes, halfway homes, wilderness experiences, diversion programs such as family group conferences, day treatment centers, after school reporting systems and supervision, electronic monitoring, community service work programs, teen court programs, restitution programs, and intensive supervision including electronic monitoring, counseling, home visits, school visits, group counseling, urinalysis, and phone calls all on an ongoing basis and staffed seven days a week, twenty-four hours a day.
(4) Includes a budget which reflects a shift from spending monies to support the large facilities in Columbia to spending monies to enhance and support the personnel and programs on a local level. The budget shall reflect innovative management practices and the use of objective criteria, such as a risk assessment grid, for placement decisions. The department shall explore the development and use of Medicaid reimbursable programs for the therapeutic treatment of its clients.
(5) Includes, to a much greater degree, the use of community based and nonresidential evaluation centers.
(6) Includes, in conjunction with the circuit solicitors and the family court, programs to be presented annually in every middle and high school in the State to educate the students on the consequences of committing delinquent and criminal acts.
SECTION 3. The 1976 Code is amended by adding:
"Section 20-7-753. (A) In a juvenile delinquency proceeding before the family court, the court may designate a state agency as the lead agency to provide a family assessment to the court. The assessment shall include, but is not limited to, the strengths and weaknesses of the family, problems interfering with the functioning of the family and with the best interests of the child, and recommendations for a comprehensive service plan to strengthen the family and assist in resolving these issues.
(B) The lead agency shall provide the family assessment to the court in a timely manner and the court shall conduct a hearing to review the proposed plan and adopt a plan as part of its order that will best meet the needs and best interest of the child. In arriving at a comprehensive plan, the court shall consider:
(1) additional testing or evaluation that may be needed;
(2) economic services including, but not limited to, employment services, job training, food stamps, and aid to families with dependent children;
(3) counseling services including, but not limited to, marital counseling, parenting skills, and alcohol and drug abuse counseling;
(4) and any other programs or services appropriate to the child's and family's needs.
(C) The lead agency is responsible for monitoring compliance with the court ordered plan and shall report to the court at such times as the court requires."
SECTION 4. Section 20-7-420 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) to require the parent of a child brought before the court for adjudication of a delinquency matter and agencies providing services to the family to cooperate and participate in a plan adopted by the court to meet the needs and best interests of the child and to hold a parent or agency in contempt for failing to cooperate and participate in the plan adopted by the court."
SECTION 5. Section 20-7-3230(5) of the 1976 Code is amended by adding at the end:
"The Department of Juvenile Justice shall provide educational programs and services to all preadjudicatory juveniles in its custody. County and regionally operated facilities shall provide these services to all preadjudicatory juveniles who are detained locally for more than twenty-four hours, excluding weekends and state holidays, by contracting with the Department of Juvenile Justice or by arranging the services through the local school district in which the facility is located. Services which are arranged locally must be approved by the Department of Juvenile Justice as meeting all criteria developed under the authority of Section 20-7-3240."
SECTION 6. Section 16-23-430(2) of the 1976 Code, as last amended by Section 48, Act 184 of 1993, is further amended to read:
"(2) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one three thousand dollars or imprisoned not more than five years, or both. Any A weapon or object used in violation of this section may must be confiscated by the law enforcement division making the arrest."
SECTION 7. Section 20-7-390 of the 1976 Code is amended to read:
"Section 20-7-390. When used in this article, unless the context otherwise requires, 'child' means a person less than seventeen years of age, where the child is dealt with as a juvenile delinquent. 'Child' does not mean a person sixteen years of age or older who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more. However, a person sixteen years of age or older who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more may be remanded to the family court for disposition of the charge at the discretion of the solicitor. Where the child is dealt with as a dependent or neglected child the term 'child' shall mean means a person under eighteen years of age."
SECTION 8. Section 20-7-430 of the 1976 Code, as last amended by Act 579 of 1990, is further amended to read:
"Section 20-7-430. Jurisdiction over a case involving a juvenile may child must be transferred in the following instances or retained as follows:
(1) If, during the pendency of a criminal or quasi-criminal charge against any minor a child in a circuit court of this State, it shall be is ascertained that the minor child was under the age of seventeen years at the time of committing the alleged offense, it shall be is the duty of such the circuit court forthwith immediately to transfer the case, together with all the papers, documents, and testimony connected therewith with the case, to the family court of competent jurisdiction, except in those cases where the Constitution gives to the circuit court exclusive jurisdiction or in those cases where jurisdiction has properly been transferred to the circuit court by the family court under the provisions of this section. The court making such the transfer shall order the minor child to be taken forthwith immediately to the a place of detention designed authorized under Section 20-7-3230 by the court or to that the family court itself, or shall release such minor the child to the custody of some suitable person to be brought before the court at a time designated. The court shall then shall proceed as provided in this article. Notwithstanding any other provision of law, the provisions of this This section shall be is applicable to all existing offenses embraced therein, irrespective of whether such offenses may be directed solely at children coming within the scope of this article and shall likewise be applicable and to such offenses as shall be created in the future unless the General Assembly shall specifically directs otherwise.
(2) Whenever If a person child is brought before a magistrate or city recorder and, in the opinion of the magistrate or city recorder, the person child should be brought to the family court of competent jurisdiction under the provisions of this section, the magistrate or city recorder shall thereupon transfer such the case to the family court and direct that the persons child involved be taken thereto to the family court.
(3) When If an action is brought in any county court or a circuit court which, in the opinion of the judge thereof, falls within the jurisdiction of the family court, he the judge may transfer the action thereto upon his the judge's own motion or the motion of any party.
(4) If a child sixteen years of age or older is charged with an offense which if committed by an adult would be a misdemeanor, or a Class E or F felony as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of ten years or less if committed by an adult and if the court, after full investigation, deems considers it contrary to the best interest of such the child or of the public to retain jurisdiction, the court may, in its discretion, acting as committing magistrate, may bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such the offense if committed by an adult.
(5) If a child fourteen or fifteen years of age who has two prior and unrelated adjudications of assault, assault and battery with intent to kill, assault and battery of a high and aggravated nature, arson, housebreaking, burglary, kidnapping, attempted criminal sexual conduct or robbery and is currently charged with a third or subsequent such offense an offense which if committed by an adult would be a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more, the court, may after full investigation and hearing, if it deems may determine it contrary to the best interest of such the child or of the public to retain jurisdiction,. The court, acting as committing magistrate, may bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such the offenses if committed by an adult.
(6) Within thirty days after the filing of a petition in the family court alleging the child has committed the offense of murder or criminal sexual conduct, the person executing the petition may request in writing that the case be transferred to the court of general sessions with a view to proceeding against the child as a criminal rather than as a child coming within the purview of this article. The judge of the family court is authorized to determine this request. If the request is denied, the petitioner may appeal within five days to the circuit court. Upon the hearing of the appeal, the judge of the circuit court is vested with the discretion of exercising and asserting the jurisdiction of the court of general sessions or of relinquishing jurisdiction to the family court. If the circuit judge elects to exercise the jurisdiction of the general sessions court for trial of the case, he the judge shall issue an order to that effect, and then the family court has no further jurisdiction in the matter.
(7) Once the family court relinquishes its jurisdiction over the child and the child is bound over to be treated as an adult, the provisions of Section 20-7-780 dealing with the confidentiality of identity and fingerprints will is not be applicable.
(8) When jurisdiction is relinquished by the family court in favor of another court, the court shall have has full authority and power to grant bail, hold a preliminary hearing, and any other powers as now provided by law for magistrates in such these cases.
(9) If a child fifteen fourteen years of age or older is charged with a violation of Section 16-23-430(1), Section 16-23-20, assault and battery of a high and aggravated nature, or Section 44-53-445, the court may, after full investigation and hearing, if it considers it contrary to the best interest of the child or the public to retain jurisdiction, acting as committing magistrate, may bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offenses offense if committed by an adult."
SECTION 9. Section 20-7-600(F) and (H) of the 1976 Code, as last amended by Section 282, Act 181 of 1993, is further amended to read:
"(F) When the authorized representative of the Department of Juvenile Justice determines that placement of a juvenile outside the home is necessary, he the representative shall make a diligent effort to place the child in an approved home, program, or facility, other than a secure juvenile detention facility, when these alternatives are appropriate and available. A child is eligible for detention in a secure juvenile detention facility only if the child:
(1) is charged with a violent crime as defined in Section 16-1-60;
(2) is charged with a crime which, if committed by an adult, would be a felony other than a violent crime, and the child:
(a) is already detained or on probation or conditional release in connection with another delinquency proceeding;
(b) has a demonstrable recent record of wilful failures to appear at court proceedings;
(c) has a demonstrable recent record of violent conduct resulting in physical injury to others; or
(d) has a demonstrable recent record of adjudications for other felonies crimes; and:
(i) there is clear and convincing evidence to establish a risk of flight, or serious harm to others; or
(ii) the instant offense involved the use of a firearm;
(3) is a fugitive from another jurisdiction;
(4) requests protection in writing under circumstances that present an immediate threat of serious physical injury. A child who meets the criteria provided in this subsection is eligible for detention. Detention is not mandatory for a child meeting the criteria if that child can be supervised adequately at home or in a less secure setting or program.;
(5) had in his possession a deadly weapon;
(6) has a demonstrable recent record of wilful failure to comply with prior placement orders including, but not limited to, a house arrest order.
(H) If the authorized representative of the Department of Juvenile Justice has not released the child to the custody of his the child's parents or other responsible adult, the court shall hold a detention hearing within twenty-four hours from the time the child was taken into custody, excluding Saturdays, Sundays, and holidays. At this hearing, the authorized representative of the department shall submit to the court a report stating the facts surrounding the case and a recommendation as to the child's continued detention pending the adjudicatory and dispositional hearings. The court shall appoint counsel for the child if none is retained. No child may proceed without counsel in this hearing, unless the child waives the right to counsel, and then only after consulting at least once with an attorney. At the conclusion of this hearing, the court shall determine whether probable cause exists to justify the detention of the child as well as determining the appropriateness of, and need for, the child's continued detention. If continued detention of a juvenile is considered appropriate by the court and if a juvenile detention facility exists in that county which meets state and federal requirements for the secure detention of juveniles, or if that facility exists in another county with which the committing county has a contract for the secure detention of its juveniles, and if commitment of a juvenile by the court to that facility does not cause it to exceed its design and operational capacity, the family court shall order the detention of the juvenile in that facility. Periodic reviews of the detention order must be conducted in accordance with the rules of practice in a family court. However, a juvenile must not be detained in secure confinement in excess of ninety days. If the child does not qualify for detention or otherwise require continued detention under the terms of subsection (F), the child must be released to a parent, guardian, or other responsible person or placed in a program directed by or affiliated with the department."
SECTION 10. Section 20-7-1330(c), as last amended by Act 615 of 1988, is further amended to read:
"(c) commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children or to place them in family homes or under the guardianship of a suitable person. Commitment must be for an indeterminate period but in no event beyond the child's twenty-first birthday. However, if the child has been adjudicated delinquent for committing a violent offense as defined in Section 16-1-60, the court, in conjunction with the indeterminate sentence, may commit the juvenile to a public or private institution for a determinate period not to exceed two years and during the determinate period the child must not be released;"
SECTION 11. Section 24-19-10(d) of the 1976 Code is amended to read:
"(d) 'Youthful offender' means all male and female offenders an offender who are is under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-430, who is sixteen years of age and has been charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more, or who is seventeen but less than twenty-five years of age at the time of conviction."
SECTION 12. Section 59-63-32 of the 1976 Code, as added by Act 163 of 1991, is amended by adding at the end:
"(G) Before a child may be enrolled in a public school of this State, the adult seeking to enroll the child must provide the school with information so that the school may obtain the child's permanent record from the child's previous school. The previous school must comply with the request, and both schools must keep the record confidential as provided by law. For purposes of this subsection, 'previous school' includes special schools, such as those operated by the Department of Juvenile Justice, and 'permanent record' means transcripts, attendance records, and disciplinary records."
SECTION 13. Section 59-63-210 is amended to read:
"Section 59-63-210. (A) Any A district board of trustees may authorize or order the expulsion, suspension, or transfer of any a pupil for a commission of any a crime, gross immorality, gross behavior, or persistent disobedience, or for violation of written rules and regulations established by the district board, county board, or the State Board of Education, or when the presence of the pupil is detrimental to the best interest of the school.
(B) A district board of trustees, after a hearing held in accordance with Section 59-63-240, must expel for a period of time which is at least the remainder of the school year a pupil who is convicted, pleads guilty or nolo contendere, or is adjudicated delinquent for having committed the offense of:
(1) murder (Section 16-3-10);
(2) criminal sexual conduct in the first degree (Section 16-3-652);
(3) criminal sexual conduct in the second degree (Section 16-3-653);
(4) criminal sexual conduct with a minor (Section 16-3-655);
(5) assault with intent to commit criminal sexual conduct (Section 16-3-656);
(6) assault and battery with intent to kill (Section 16-3-620); (7) kidnapping (Section 16-3-910);
(8) voluntary manslaughter (Section 16-3-50);
(9) armed robbery (Section 16-11-330);
(10) drug trafficking as defined in Section 44-53-370(e);
(11) arson in the first degree (Section 16-11-110(A);
(12) burglary in the first degree (Section 16-11-311);and
(13) carrying a weapon on school property as defined in Section 16-23-430.
(C) Every An expelled pupil shall have has the right to petition for readmission for the succeeding school year.
(D) Expulsion or suspension shall must be construed to prohibit a pupil from entering the school, or school grounds, except for a prearranged conference with an administrator, attending any day or night a school functions function, or riding a school bus.
(E) The provisions of this This section shall does not preclude enrollment and attendance in any an adult, or night school, or alternative educational program."
SECTION 14. Title 59 of the 1976 Code is amended by adding:
Section 59-66-10. (A) Schools must keep disciplinary records for students. These disciplinary records must contain clear anecdotal evidence and show action taken by and with the cooperation of schools to address problem behavior. In addition, the disciplinary records must show action taken by the school to report to law enforcement when required by Section 59-24-60 and must contain information provided to the school pursuant to Sections 20-7-3300 and 20-7-600. A student's disciplinary record must follow the student through school.
(B) The principal may use information contained in a student's disciplinary record for monitoring and supervisory purposes, but any parts of the disciplinary record which are required to be kept confidential by other provisions of law must be maintained in a manner to ensure the confidentiality of those parts. The State Board of Education, through the State Department of Education and in consultation with the Office of the Attorney General, the Department of Juvenile Justice, and the State Law Enforcement Division, must promulgate regulations to ensure confidentiality as required by law.
Section 59-66-20. (A) The General Assembly annually shall provide funds in the general appropriations act to be awarded to school districts which choose to employ safety coordinators in accordance with this section. State funds may be awarded for not more than one safety coordinator for each county. The amount of the award for a county for fiscal year 1995-96 may not exceed twenty-five thousand dollars, except for counties which are designated as economically distressed pursuant to Section 41-43-180. Economically distressed counties participating in the program shall receive additional state funds for fiscal year 1995-96 in the amount of five thousand, five hundred dollars. The amount which may be awarded for a county, including the additional state funds for economically distressed counties, must be increased each fiscal year after 1995-96 by the same percentage as the average teacher salary.
(B) An award of state funds to school districts under this program is contingent upon a district or group of districts jointly matching the state grant with an equal amount of funds and in kind contributions; however, school districts located primarily within an economically distressed county are not required to match any portion of the state grant. Additionally, funds only may be awarded where the duties of the safety coordinator relate exclusively to school and district safety functions. It is the intent of the General Assembly that the safety coordinator have a strong background in law enforcement, safety matters, or coordination of relevant services.
(C) If a county consists of more than one school district, any or all school districts within the county may apply jointly for funds for a safety coordinator. Each participating school district must provide a portion of the local matching funds based upon the relationship the district's student membership bears to the total student membership of all participating districts within the county. Nonparticipating school districts in multi-district counties may begin participation in the program by contributing to the local match in the same manner as those school districts originally participating in the program.
(D) When more than one school district in a multi-district county is provided funds under this section, the safety coordinator must be an employee of the school district with the largest student membership during the immediately preceding school year, unless the participating school districts have a memorandum of agreement providing otherwise; however, the safety coordinator must provide services to all participating school districts.
(E) For purposes of this section, 'student membership' means the cumulative one hundred thirty-five day average daily membership during the immediately preceding school year.
(F) The State Board of Education, through the State Department of Education, shall develop and implement regulations establishing the safety coordinator grant program.
Section 59-66-30. (A) Using funds appropriated by the General Assembly, each public middle, junior high, and high school in the State must be equipped with one hand-held metal detector.
(B) In consultation and cooperation with the Office of the Attorney General and the State Law Enforcement Division, the State Department of Education shall provide training in the use of hand-held metal detectors to school officials who shall use the equipment.
(C) The State Board of Education, through the State Department of Education, shall promulgate regulations to implement this section.
Section 59-66-40. (A) Before January 16, 1996, the State Board of Education, through the State Department of Education, shall promulgate regulations establishing additional minimum requirements for planning and construction of public school facilities. The regulations shall require public school facilities to be constructed, located, and equipped so as to facilitate prevention of and intervention in violent incidents. The regulations must contain appropriate provisions for new construction, renovations, remodelings, expansions, and relocatable classroom buildings. The State Board of Education may establish minimum expenditure levels which must be met before the regulations are applicable.
(B) On and after the effective date of the regulations, any new construction, renovation, remodeling, expansion, or relocatable classroom building, governed by the regulations, may not be occupied until the State Superintendent of Education or the state superintendent's agent approves the facility. The school district is responsible for requesting approval and submitting the necessary documents to the State Superintendent of Education or the state superintendent's agent.
(C) A school district may request a waiver from part or all of the regulations, and the State Board of Education may grant a waiver if the regulations impose an unreasonable or undue hardship upon the district.
Section 59-66-50. (A) Before July 1, 1996, the State Board of Education, through the State Department of Education, shall select, develop, modify or cause to be developed or modified curriculum for teaching peaceful conflict resolution and nonviolent living to students in all grades of the public schools of this State. The curriculum shall incorporate and concentrate upon:
(1) trust building and team building including strategies for building productive, cooperative relationships;
(2) learning to work in groups;
(3) effective communication skills;
(4) peaceful problem solving techniques;
(5) collaborative decision making techniques;
(6) negotiation and mediation techniques;
(7) positive approaches to behavior management.
(B) In addition to the requirements contained in subsection (A), the curriculum must be:
(1) appropriate to the students' age and grade;
(2) structured to provide consistent reinforcement throughout the school year and each student's school career;
(3) flexible so as to be incorporated within the existing school day and year and so that the needs of the diverse classrooms across the State are met;
(4) designed to address the need for training of all school officials, and;
(5) designed to reach outside the school and encourage supportive actions in the home and community including use of the curriculum by public and private service providers, organizations, groups, institutions, and agencies with their clients or members.
(C) Beginning with the 1996-97 school year, the State Board of Education, through the State Department of Education, shall cause the curriculum to be taught to all students in all grades of the public schools of this State. A parent or guardian may elect for their child or ward not to participate in the curriculum by signing a written document making the election. The form of the written document must be prescribed by regulation of the State Board of Education.
(D) Funds for the development or selection and implementation of the curriculum must be provided by the General Assembly.
Section 59-66-60. (A) The State Board of Education, through the State Department of Education, shall cause alternative educational programs for students who are serious threats to the safety and security of the regular school program to be developed and pilot tested in school years 1995-96, 1996-97, and 1997-98.
In selecting the pilot programs, the State Board of Education, through the State Department of Education, shall ensure representation of the various geographic regions of the State, urban and rural settings, various size student populations, various socio-economic populations, and areas with different incidences of juvenile crime. The number of pilot test sites may be expanded each year, if adequate funds are provided and expansion does not compromise supervision and evaluation of the pilot tests.
For purposes of this subsection, 'students who are serious threats to the safety and security of the regular school program' means students who have severe disciplinary problems as documented by school disciplinary records and students who have been charged with or adjudicated delinquent for the commission of a violent crime as defined in Section 16-1-60, for a violation of Section 16-23-430, for a crime in which an illegal weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44.
(B) The pilot programs must provide activities, counseling, and other appropriate services to meet the students' special needs, increase their opportunities for success, and promote nonviolent behavior. It is the intent of the General Assembly that the support activities and services be provided through existing state and community resources to the extent possible.
(C) Before December 1, 1995, the State Board of Education, through the State Department of Education, shall establish procedures for evaluating the pilot programs. The evaluation procedure must include the collection of data and allow the process to be evaluated and, to the extent possible, it must measure the effectiveness of the pilot programs. The State Board of Education shall cause an independent evaluation of the pilot programs to be conducted and presented to the General Assembly at the conclusion of the three years of pilot testing.
(D) Based upon the evaluation required by subsection (C), the State Board of Education, through the State Department of Education, shall cause successful alternative educational programs to be implemented for all school districts. Statewide implementation of the programs must be phased in over three years beginning with school year 1998-99. The programs must be undertaken on a multi-district or multi-county basis.
(E) Throughout the phase in to statewide implementation, the State Board of Education, through the State Department of Education, shall continue to cause the programs to be evaluated and indicated refinements made.
(F) The General Assembly must appropriate funds for the planning, development, pilot testing, evaluation, and statewide implementation of this section.
(G) The State Board of Education or the governing body of a pilot test site may use a portion of its allocation of funds for the purchase of technical assistance during pilot testing.
(H) The State Board of Education, through the State Department of Education, is required to explore ways of redirecting or expanding financial support for part or all of the alternative educational program with other than state funds. Strategies to maximize the probability of federal or foundation funding or both must be used.
(I) The State Board of Education, through the State Department of Education, shall promulgate regulations whereby state and local funds generated under the Education Finance Act for a student must be used to defray the cost of the student's alternative educational program. The regulations may specify a minimum period of time a student must be served in an alternative educational program before the regulations apply or may provide for a proportional contribution to the cost of the alternative educational program based upon the length of time a student is served in an alternative educational program or both.
Section 59-66-70. (A) There is created the Volunteer Mentor Program to be administered by the Department of Education. The purpose of the program is to promote the establishment of local programs whereby at-risk children are matched with adult volunteers on a one-to-one basis.
(B) The objectives of the program are to:
(1) reduce juvenile crime in local communities served by the program;
(2) recruit community volunteers to provide positive adult role models for at-risk children;
(3) improve the academic performance of students participating in the program; and
(4) meet the physical, intellectual, emotional, and social needs of students participating in the program and improve their attitudes and behavior.
(C) As used in this section, 'at-risk children' means children under the age of twenty-one, who have been referred:
(1) directly by local law enforcement, family court, appropriate state agencies, or the local school district; or
(2) to family court during the immediately preceding twelve months.
(D) Each local program must have a local board of directors or advisory committee which reflects local commitment to the program and is representative of the community. The governing board or advisory committee shall monitor program activity and generate financial support for the program.
(E) Each local program must have at least a part-time program director who is responsible for:
(1) recruiting volunteers;
(2) screening volunteers;
(3) training or facilitating training of volunteers;
(4) matching volunteers with at-risk children;
(5) supervising volunteers;
(6) providing or arranging support services and group activities;
(7) working with the program's governing board or authority or advisory committee;
(8) evaluation of the program; and
(9) record-keeping.
(F) The General Assembly annually shall provide funds in the general appropriations act for the administration of the program at the State level and for grants to be awarded for the salary of local program directors. It is the intent of the General Assembly that grants for local part-time program directors be reduced in proportion to grants for full-time directors. It is also the intent of the General Assembly that local programs be supported in part by local grants and donations, in-kind contributions, federal funds, and other funds which are not state funds.
(G) The Department of Education shall serve as the lead State agency for collecting information and reporting to the General Assembly by February 15, 1995 on sources of funds other than State funds, which may be used to offset the cost of the program at the state and local level. All agencies of the State are directed to assist and cooperate with the Department of Education.
(H) Grant recipients may be:
(1) state agencies, county agencies, or school districts or a consortium of a combination of state agencies and county agencies and school districts; or
(2) non-profit 501 (c)(3) entities or a consortium consisting of one or more 501 (c)(3) entities.
(I) The Department of Education shall:
(1) disseminate information regarding the program to interested groups;
(2) develop and disseminate a request for applications to establish local Volunteer Mentor Programs;
(3) provide technical assistance to grant applicants and ongoing technical assistance as grants are implemented;
(4) administer funds appropriated by the General Assembly;
(5) monitor the grants funded;
(6) revoke a grant if necessary or appropriate;
(7) develop and implement an evaluation system that assesses the efficiency and effectiveness of the program and provide information on how to improve and refine the program;
(8) report annually to the General Assembly on program implementation and the results of the department's evaluation of the program;
(9) promulgate regulations necessary to implement the program including, but not limited to:
(a) qualifications for local program directors;
(b) training for program directors and volunteers;
(c) requirements related to program directors' supervision of volunteers;
(d) criteria for children's admission to the program;
(e) required performance levels for a grant recipient to continue to receive an award;
(f) requirements for screening volunteers;
(g) procedures to be followed in developing and submitting applications; and
(h) criteria for selection of grant recipients;
(10) award grants.
(J) A 501(c)(3) entity or consortium that receives a grant under this section must report to the Department of Education on the implementation of the program. The report must provide information required by the Department of Education to allow the department to evaluate the program.
Section 59-66-310. Before January 1, 1996, each school must have an approved comprehensive school safety plan, and each school district must have an approved comprehensive district safety plan. School and district safety plans must be approved as provided in Section 59-66-370. School and district safety plans must be coordinated so that the plans are consistent and, as appropriate, interrelated, with school and district responsibilities clearly specified.
Section 59-66-320. To receive approval under Section 59-66-370, school and district safety plans must address the broad spectrum of safety concerns including, but not limited to, natural disasters, accidents, medical emergencies, and violent incidents.
Section 59-66-330. The district superintendent must appoint a committee to develop the district's safety plan, and the principal of each school must appoint a committee to develop the school's safety plan. Safety committees must be established so that the committee membership or the committee's procedures include participation by parents, students, school personnel at all levels, and representatives of all relevant local agencies engaged in law enforcement, juvenile probation and parole, juvenile corrections, fire protection, emergency preparedness, health and human services, and social rehabilitation. The Schoolhouse Safety Resource Center must include meaningful participation by these groups as a criterion for safety plan approval. Each district superintendent must designate a safety coordinator who has primary responsibility for overseeing and implementing the district's safety plan and programs and who shall chair the district safety committee. Each school principal or the school principal's designee must have primary responsibility for overseeing and implementing the school safety plan and must chair the school safety committee.
Section 59-66-340. (A) Each school and district safety plan must include programs and strategies designed to:
(1) prevent disruptions to a safe school environment;
(2) result in an appropriate, planned intervention during incidents endangering the safety of students and adults who serve them; and
(3) restore equilibrium to the school or district or both after the immediate crisis event has passed.
(B) In addition to the requirements of subsection (A), each safety plan must:
(1) address safety needs during the school day, at extracurricular events, and on state-provided school transportation;
(2) provide for continuous monitoring and response to safety issues;
(3) provide for curriculum which teaches students nonviolent problem-solving strategies from funds appropriated by the General Assembly for this purpose;
(4) based upon student needs, encourage and facilitate local law enforcement, juvenile probation and parole, juvenile corrections, health and human services, and social rehabilitation agencies to: (a) establish a routine presence in the schools;
(b) participate in appropriate classroom and assembly programs; and
(c) provide services in a nonstigmatizing way in the schools;
(5) coordinate the security efforts and establish a chain of command for personnel employed by the school and the district;
(6) within the parameters of legally-mandated confidentiality, establish effective and reliable methods for the timely sharing of student information, especially regarding students who have a history of criminal behavior;
(7) explain how the safety plan has been coordinated with community emergency plans and relevant state and community agencies;
(8) include a program through which school and district personnel, students, parents, and relevant state and community agencies are familiarized with the contents of the plan or, if appropriate, trained to meet their responsibilities under the plan;
(9) include a service coordination matrix identifying services and programs provided by community and state resources which are available to address school and student safety needs including, but not limited to, services and programs available to address risk factors associated with violent student behavior;
(10) include a ready reference containing emergency procedures and current telephone numbers to be used in identified emergencies; and
(11) recommend changes including, but not limited to, changes in supervision procedures, schedules, curriculum, assignments, training and technology needed to achieve a safe, secure school environment.
Section 59-66-350. All district and school safety plans must be reviewed and approved by the district board of trustees.
Section 59-66-360. Each safety committee shall prepare a written report identifying impediments to cooperation and coordination between community resources and the district and its schools including, but not limited to, law enforcement, juvenile probation and parole, juvenile corrections, health and human services, and social rehabilitation agencies. In the written report each Safety Committee also shall identify impediments to the provision of appropriate state and community resources on the school site. The written report must be provided to the Schoolhouse Safety Resource Center in the same manner as and with the relevant safety plan. The written report must contain minority or dissenting views of committee members and affected agencies, if any.
Section 59-66-370. District and school safety plans must be submitted for approval to the Schoolhouse Safety Resource Center by the district superintendent, working through the district safety coordinator. The Schoolhouse Safety Resource Center shall review district and school safety plans for purposes of approving or disapproving each plan. The center shall provide specific recommendations for revisions to provisionally approved plans and shall provide technical assistance and specific recommendations for revisions to disapproved plans.
Section 59-66-380. After approval of the initial safety plans, annual revisions must be a part of the school or district strategic plan required by Section 59-20-60.
Section 59-66-390. (A) A Schoolhouse Safety Resource Center is established within the State Department of Education in the manner the General Assembly shall provide in the annual general appropriations act.
(B) Duties and responsibilities of the Schoolhouse Safety Resource Center, in addition to any others assigned to the center by this chapter, are to:
(1) establish, with the approval of the State Board of Education, the criteria and process by which school and district safety plans are evaluated for approval by the center;
(2) publish and disseminate to all schools and school districts a comprehensive, detailed guide of topics which must be included in comprehensive school and district safety plans;
(3) with the assistance of the Office of the Attorney General, identify and provide explanations of state and federal criminal laws which are relevant to school safety and which supplement school and district disciplinary codes;
(4) sponsor regional workshops for school and district safety committees, safety coordinators, and other appropriate school and district personnel so as to provide training in the development and implementation of school and district safety plans;
(5) develop or select model curricula for school safety training programs for faculty and designated staff of all schools and school districts;
(6) serve as a clearinghouse for information on the best practices for:
(a) prevention of safety crises;
(b) intervention during safety crises; and
(c) crisis response follow-up;
(7) annually report to the General Assembly on the schools' and school districts' progress in developing and implementing safety plans;
(8) annually report to the General Assembly on impediments to: (a) coordination and cooperation of safety efforts between:
(i) districts and their schools; and
(ii) relevant state and community resources; and
(b) the provision of appropriate community and state services in a nonstigmatizing way on the school site;
(9) assist the State Board of Education in developing, modifying, or selecting curriculum for teaching students peaceful conflict resolution and nonviolent living; and,
(10) make recommendations to the General Assembly for improving development and implementation of school and district safety plans, for increased coordination and cooperation between schools and relevant state and community resources, and for provision of community and state services in a nonstigmatizing way on the school site.
SECTION 15. (A) A three-year pilot project for school-based counseling services must be established jointly by the Department of Mental Health and the Department of Education. The purpose of the project is to provide an array of school-based and child-focused counseling services developed by the Department of Mental Health in designated schools. The pilot project must serve at least fourteen schools during the first year. The number of pilot test sites may be expanded each of the remaining two years of the pilot test, if adequate funds are provided and expansion does not compromise supervision and evaluation of the pilot project.
(B) The services must include, but are not limited to:
(1) a child-focused school-based counseling clinic;
(2) training, consultation, and support programs for school staff.
(C) The schools chosen must be:
(1) geographically representative;
(2) representative of the socio-economic diversity of the State;
(3) representative of various size student populations;
(4) middle and junior high schools.
(D) The Department of Mental Health and the Department of Education jointly are responsible for selecting individual schools and mental health centers within the designated parameters for participation in the pilot project.
(E) (1) The Department of Mental Health is responsible for providing mental health counselors, student interns, a supervisory position for the project in the Division of Children, Adolescents, and Their Families, Department of Mental Health, and basic travel and operating expenses. The personnel and expenses must be paid for with funds made available to the department by the General Assembly for this purpose.
(2) The local education authorities are responsible for providing appropriate office space and furniture for the mental health personnel stationed at the designated schools.
(3) The Department of Mental Health and the Department of Education shall seek Medicaid reimbursement to offset the cost of the pilot project to the State and shall consult with the Health and Human Services Finance Commission to estimate the resulting revenue as a result of services as a match for federal Medicaid reimbursement. The designated centers and schools are required to explore ways of redirecting or expanding support other than state funds. The department shall maximize the probability of federal or foundation funding or both.
(F) (1) There is established a School-Based Mental Health Pilot Project Advisory Board consisting of one member appointed by each of the following: the State Superintendent of Education, the Director of the Department of Mental Health, and the chair of the Legislative-Governor's Committee on Mental Health and Mental Retardation. The chair of the advisory board shall appoint other appropriate individuals to serve as the advisory board considers necessary.
(2) The advisory board shall meet quarterly to review pilot project information and advise with regard to the project's implementation. Participating centers and schools shall provide quarterly updates to the advisory board.
(3) The involved departments shall submit an annual report containing a financial statement, which includes Medicaid reimbursement data, and a report of activities no later than September first each year of the project to the Legislative-Governor's Committee on Mental Health and Mental Retardation on the progress of the pilot project.
(4) The Division of Children, Adolescents, and Their Families, Department of Mental Health, is responsible for providing staff support to the advisory board.
(G) The Department of Mental Health, in consultation and cooperation with the Department of Education, shall establish before December 1, 1994, an evaluation procedure which includes the collection of data and allows the process to be evaluated and, to the extent possible, it must measure the effectiveness of the project as a whole and the effectiveness in individual schools. The Department of Mental Health shall cause an independent evaluation of the pilot project, as a whole and in its aggregate parts, to be conducted and presented to the Senate Medical Affairs Committee, the House Medical, Municipal, Military and Public Affairs Committee, the Senate Education Committee, the House Education and Public Works Committee, the Legislative-Governor's Committee on Mental Health and Mental Retardation, and the Joint Legislative Committee on Children and Families not later than December 15, 1997.
(H) If school-based counseling proves successful during pilot testing, it is the intent of the General Assembly that successful counseling services be implemented statewide in all public middle and junior high schools over a three-year phase in period beginning with the 1997-98 school year. Upon funding for statewide implementation by the General Assembly, the Department of Mental Health and the State Board of Education, through the State Department of Education, are responsible for causing implementation to occur with priority for funding given to schools with the greatest need for counseling services.
(I) Throughout any phase in to statewide implementation, the Department of Mental Health, in cooperation and consultation with the Department of Education, shall continue to cause the programs to be evaluated and indicated refinements made.
(J) The General Assembly shall appropriate funds for the planning, development, pilot testing, evaluation, and statewide implementation of this section.
SECTION 16. This division may be cited as the "Parent-School Responsibilities Act".
SECTION 17. The 1976 Code is amended by adding:
"Section 59-17-130. The school districts of this State shall encourage parents to become involved in their children's education as early as possible and make parental involvement and home-school relations a major component of school improvement efforts. The school districts shall keep records of at-risk children, as defined by the department in regulation, and their behavior, provide counseling when available, assist parents in understanding their children's behavior, and when necessary refer children and their parents to other appropriate state agencies for assistance in correcting existing problems and preventing future problems."
SECTION 18. The 1976 Code is amended by adding:
"Section 59-26-90. The State Board of Education shall promulgate regulations to provide that school guidance counselors are employed primarily to counsel students, give group guidance where appropriate, and work with the students, parents, and teachers."
SECTION 19. Section 20-7-20 of the 1976 Code is amended by adding at the end:
"(G) The State has a paramount interest in ensuring that children receive a primary and secondary education. State and county officials shall do everything within their jurisdictional authority to carry out the provisions of the South Carolina school attendance law and the South Carolina Children's Code to prevent school nonattendance."
SECTION 20. The 1976 Code is amended by adding:
"Section 20-7-1352. The requirement of acceptable school attendance and appropriate behavior must be an integral part of all probation orders."
SECTION 21. The 1976 Code is amended by adding:
"Section 20-7-1353. Probation and parole counselors are required to assist in the reenrollment of all their clients who are children in the public schools upon the child's release from confinement facilities and to report to the State Department of Education and the appropriate local advocacy group for children a school's refusal to reenroll or enroll a child."
SECTION 22. The 1976 Code is amended by adding:
"Section 59-65-55. (A) If, during the activities designed to remedy truant behavior as provided in Sections 59-65-50 and 59-65-60, the parent or guardian of the student who is the subject of these activities transfers the student to another school district in the State, the administration of the school from which the student transferred shall include all plans and documentation associated with improving attendance with the official records that are sent to the receiving school district. The receiving school district must continue the activities as specified in the plans or documentation, unless the activities are modified in a conference with the family or in a proceeding before the family court, as appropriate.
(B) No one except the board of trustees or its designee may institute the proceedings provided in this article. A school board which wilfully fails to follow the requirements of this section may be cited by the State Board of Education with an accreditation deficiency under the defined minimum program."
SECTION 23. Section 59-65-20 of the 1976 Code, is amended to read:
"Section 59-65-20. If any a parent or guardian who wilfully neglects to enroll his child or ward or refuses to make such child or ward attend school shall, upon conviction, be fined in school as provided in this article, the school district shall report such nonenrollment to the solicitor in writing. The solicitor immediately shall petition the Family Court for an order directing the parent or guardian to appear before the court for a hearing. At the hearing the court may order the parent or guardian to enroll the child in school. A parent or guardian who fails to comply with the order may be held in contempt and fined not more than fifty dollars or be imprisoned not more than thirty days;. Each day's absence shall constitute a separate offense; provided. However, the court may in its discretion may suspend the sentence of anyone convicted of the provisions of this article."
SECTION 24. Section 59-65-50 of the 1976 Code is amended to read:
"Section 59-65-50. If the board of trustees of a school district or its designee is unable to obtain the school attendance of a child in the age group specified in Section 59-65-10, the board or its designee shall report such nonattendance in writing to the juvenile court or such other court in the county as may have jurisdiction of juveniles but exclusive of magistrate's courts notwithstanding the provisions of Section 22-3-540; provided, that no one except the board of trustees or its designee shall have the authority to institute the proceedings herein.
(A) The board of trustees of a school district shall notify all enrolled students and parents or guardians of students of the school attendance laws and the penalties and consequences at the beginning of each school year. The student's parent or guardian must be notified of the student's unlawful absences. Notice must be by telephone contact with the student's parent or guardian by the end of the following school day, by regular mail sent no later than the following school day, or by any other reasonable means.
(B) (1) After three consecutive unlawful absences or five cumulative unlawful absences, the school district shall determine if the child's future achievement, attendance, or well-being is in jeopardy and if so schedule a conference with the student and parent or guardian and formulate a proposed intervention plan to ensure the student's continued attendance. The district shall make every reasonable effort to schedule the conference at a mutually convenient time and place which does not conflict with the parent's or guardian's employment, and shall provide or arrange for transportation where necessary to enable the parent or guardian to attend.
(2) Before the conference, appropriate school personnel, including special education staffs, must have reviewed all pertinent school records, met with the child if possible, and taken other necessary steps to determine:
(a) whether curriculum changes would assist in resolving the nonattendance problem. Such curriculum changes may include enrollment of the child in an alternative educational program, including vocational education, that meets the child's specific educational and behavioral needs;
(b) whether there are psychological problems, learning disabilities, or other physical or mental disabilities contributing to the child's nonattendance;
(c) whether there are related health or human services needs or economic needs, including needs of other family members, that may be impeding the child's school attendance.
(3) Based on the determinations made by school personnel pursuant to this subsection and on other pertinent information, the district shall work with the parent or guardian at the time of the nonattendance conference to formulate a proposed intervention plan. The plan must address:
(a) the reasons for nonattendance, as stated by the parent or guardian and by the child;
(b) an assessment of the needs to be met to facilitate the child's future attendance;
(c) the actions to be taken by the parent or guardian to resolve the nonattendance problem;
(d) the actions to be taken by the student to resolve the nonattendance problem;
(e) the actions to be taken by the school to resolve the nonattendance problem, including actions to address any academic deficiencies that may be contributing to the child's nonattendance;
(f) referrals to other agencies or services for the student or the family, as appropriate and as indicated by the needs assessment;
(g) signatures of the parent or guardian and, if appropriate, of the student;
(h) whether the child should be referred for evaluation for special education or whether an existing individual education plan should be revised. An individual education plan that includes the items contained in items (a) through (g) may be used as the proposed intervention plan.
The plan must be reduced to writing by the school district, a copy included in the child's permanent record, and a copy provided to the parent or guardian no later than five working days after the conference.
(4) The district must designate an individual to be responsible for follow-up, monitoring, and any subsequent adjustment of the plan. The signature of the designated individual must appear on the plan. Districts and schools are encouraged to make use of team approaches that utilize input and participation by teachers, guidance counselors, attendance supervisors, and other appropriate school or agency personnel.
(5) If the parent or guardian fails to comply with the request for a conference with attendance officials, the board of trustees or its designee shall report the nonattendance in writing to the family court and shall apply for a court administration document utilizing forms developed by the Office of Court Administration ordering the parent or guardian to appear at a place designated by the school official. The family court shall issue the Office of Court Administration document upon request in the manner that jury summons are issued. If the parent or guardian fails to comply with the summons, the school district may have the solicitor apply for an order from the family court directing the parent or guardian to appear and show cause why the parent or guardian should not be held in contempt. Contempt is punishable by a fine of fifty dollars, thirty days imprisonment, or public service, or a combination of them.
(C) After a child has had six consecutive unlawful absences or a total of eight unlawful absences, the school district may file a report with the solicitor if it is determined that future achievement, attendance, or well-being are in jeopardy. The report must indicate the affirmative action taken by the district to work with the child, with the parent or guardian and all other appropriate entities to secure the child's attendance. Filing of such a report does not relieve the school district of its responsibility to continue to seek a cooperative resolution of the nonattendance problem up to the time the case is heard in court."
SECTION 25. Section 59-65-60 of the 1976 Code is amended to read:
"Section 59-65-60. (a) Upon receipt of such report, the court may forthwith order the appearance before such court of the responsible parent or guardian and if it deems necessary, the minor involved, for such action as the court may deem necessary to carry out the provisions of this article.
(b) The court may, after hearing upon ten days notice, order such parent or guardian to require such child to attend school and upon failure of such parent to comply with such order may punish such parent or guardian as by contempt, provided, that punishment for such contempt cannot exceed fifty dollars or thirty days imprisonment for each offense.
The procedure herein provided shall be alternative to the penalties provided in Section 59-65-20.
(A) Upon the tenth unlawful absence, the further accumulation of unlawful absences for the purpose of school attendance must be tolled until the date of the family court hearing. Within twenty-four hours following the tenth unlawful absence, the school district shall make a report of the nonattendance to the solicitor. The report must indicate the affirmative action taken by the district to work with the child and with the parent or guardian and all other appropriate entities to secure the child's attendance. If this deadline falls upon a weekend, the school district shall have until five o'clock p.m. the following Monday to discharge this duty. This report must be made regardless of whether any action has already been commenced under subsection (G) of this section and the following mandatory timelines shall apply whenever the number of unlawful absences reaches ten.
Within forty-eight hours following receipt of the report, the solicitor shall file the complaint. If this deadline falls upon a weekend, the solicitor shall have until five o'clock p.m. the following Monday to discharge this duty. After the filing of the complaint for nonattendance, personal service upon the parent or guardian and child must be expedited by the local authorities. An attendance hearing upon the merits of the complaint must be held in the family court within five days following service. However, when the end of the fifth calendar day falls on a weekend, the hearing must be scheduled on the following Monday.
(B) At the attendance hearing the district must make available a copy of the intervention plan, the individual education plan, if any, and, to the extent that it is not include in the plan, information of the child's academic performance including, but not limited to, the total number of absences, test scores, results of psychological evaluations, and number and type of disciplinary actions taken.
(C) At the attendance hearing the court shall determine whether the parent or guardian, student, and school have taken the actions assigned to each of them in the intervention plan. The court also shall consider the determinations made by school personnel pursuant to subsection (D) of this section and the extent of the investigation conducted by the school district before formulation of the intervention plan, as well as any other relevant evidence.
On appropriate findings, the court may:
(1) order any party who has failed to perform activities assigned in the intervention plan to perform such activities;
(2) order the intervention plan modified in a manner specified by the court, and that activities assigned to parties in the modified plan be performed;
(3) direct the district to further investigate the circumstances surrounding the child's absence from school, including an evaluation of any special educational, psychological, physical, or other needs of the child, modify the intervention plan as indicated by the findings of the investigation, and implement the modified plan;
(4) order the parent or guardian to attend a parental responsibility program approved by the Department of Education;
(5) order the child to attend school by placing the child under an attendance order which may require that the child have no unlawful absences from school for the remainder of the current school year or for a longer period as appropriate.
(D) A parent or guardian who fails to comply with an order of the court must be ordered to appear and show cause why he should not be held in contempt. Contempt is punishable by a fine of not more than two hundred fifty dollars or imprisonment of not more than thirty days for each offense. A parent or guardian who has made a bona fide and diligent effort to comply with the order of the court and to keep the child in school may not be held in contempt.
At the time of the contempt hearing, the court may take any of the actions specified in subsection (C), either instead of or in addition to entering a finding of contempt. In sentencing the parent or guardian, the court shall give preference to that penalty or service or combination of penalties and service that shows the most promise of achieving long-term improvement in the child's school attendance and achievement.
The court may suspend or reduce a fine or jail term imposed if the parent or guardian successfully completes a parental responsibility program or other service, treatment, or activity ordered by the court.
Imprisonment should be used only after it is demonstrated that other efforts have failed and that the parent or guardian wilfully fails to comply with the order of the court.
(E) If a child violates the terms of an attendance order imposed on him by the court and is brought back into court for this violation, the court shall make a finding as to whether a child's nonattendance in school has occurred in spite of the parent's or guardian's bona fide attempt to control and keep the child in school. The court shall make a further finding as to whether the school district has taken all appropriate action to remedy the nonattendance situation.
If the court's findings are affirmative in both cases, the court may declare the child to be a truant, adjudicate the child a status offender, and subject the child to the provision of law in these cases.
(F) If the child is found to be an habitual or chronic truant, the family court must enter an order making one or more of the following dispositions:
(1) refer the child for community-based evaluation;
(2) order the child to remain at home except during hours in which the child is attending religious worship or a school program, with the stipulation that the child may leave his home if accompanied by a parent or guardian;
(3) place the child on probation;
(4) commit the child to the residential program for status offenders at the Department of Juvenile Justice; or
(5) direct other reasonable action for the best interest of the child, including community service but excluding detention.
Before a child may be committed to the Department of Juvenile Justice's Reception and Evaluation Center or residential program for status offenders, the court shall consider whether all appropriate alternative services and programs available in the community have been exhausted. In sentencing the child, the court shall give preference to that penalty or combination of penalties that shows most promise of long-term improvement in the child's school attendance and achievement."
SECTION 26. The provisions of Sections 22, 23, 24, and 25 do not alter, amend, or repeal the provisions of Section 59-65-30 of the 1976 Code, relating to the exceptions to compulsory attendance laws or Section 59-65-40 relating to home schooling programs.
SECTION 27. Section 20-7-600 of the 1976 Code is amended by adding an appropriately lettered subsection to read:
"( ) If a child is found violating compulsory school attendance laws without reasonable justification, the child must be taken into custody by law enforcement for the purpose of transporting the child to school. The taking of a child into custody pursuant to this subsection must not be termed an arrest."
SECTION 28. The 1976 Code is amended by adding:
"Section 20-7-1351. In addition to the jurisdiction of the family court as provided in Article 5 of this chapter, the family court has jurisdiction to order parents of children identified as 'in need of services or counseling to prevent violent behavior' to appear before the court, and upon finding that the child's behavior can be modified, the court may order an assessment of the family or family participation in treatment or services to improve the behavior. A parent may be held in contempt of court for failure to comply with this section. Parents may be ordered by the family court to participate in family counseling or in other programs or services. The court may hold a parent in contempt and fine or otherwise sanction a parent for failure to comply with an order of the court. However, a contempt citation applied against an individual family member must be applied only as a last resort and only may be applied if based upon noncompliance or noncooperation with the treatment, rehabilitative, or supervision services required by the court and then only until compliance with these requirements is obtained. Parents also may be referred to the Department of Juvenile Justice, the Department of Mental Health, the Continuum of Care for Emotionally Disturbed Children, the Department of Social Services, or any recognized volunteer organization, as appropriate, for family assessment, counseling, and service."
SECTION 29. Section 20-7-600(D) of the 1976 Code, as last amended by Act 571 of 1990, is further amended to read:
"(D) Peace officers' records of children must be kept separate from records of adults, must not be open to public inspection, and may be open to inspection only by governmental agencies authorized by the judge; however, the record of a child is open to public inspection if the record pertains to:
(1) a violent crime as defined in Section 16-1-60;
(2) a crime in which an illegal weapon was used;
(3) distribution or trafficking in unlawful drugs as defined in Title 44, Chapter 53, Article 3; or
(4) an alcohol related offense for which the penalty is more than one year."
SECTION 30. Section 20-7-600 of the 1976 Code, as last amended by Section 282, Act 181 of 1993, is further amended by adding an appropriately numbered subsection to read:
"( ) When a child is taken into custody by a law enforcement officer for an offense which would be a misdemeanor or felony if committed by an adult, not including traffic or wildlife violations over which courts other than the family court have concurrent jurisdiction as provided for in Section 20-7-410, the law enforcement officer also shall notify the principal of the school in which the child is enrolled of the nature of the offense. This information may be used by the principal for monitoring and supervisory purposes but otherwise must be kept confidential by the principal in the same manner required by Section 20-7-780."
SECTION 31. Section 20-7-770 of the 1976 Code, as last amended by Section 285, Act 181 of 1993, is further amended to read:
"Section 20-7-770. Notwithstanding the right of a person to petition the family court pursuant to Section 20-7-780 for the release of a person's record of juvenile adjudications, upon the request of the Attorney General or a circuit solicitor which is made pursuant to a current criminal investigation or prosecution, the Department of Juvenile Justice shall provide the requesting party with a copy of the juvenile criminal record of a person adjudicated as a juvenile for the commission of:
(1) a violent crime as defined in Section 16-1-60;
(2) a crime in which an illegal weapon was used;
(3) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or
(4) an alcohol related offense for which the penalty is more than one year. A person with a record for an adjudicated violent crime must have his juvenile criminal record maintained by the Department of Juvenile Justice for at least ten years after the date of the violent offense adjudication.
The Department of Juvenile Justice must maintain a juvenile's record for the same period that the Department of Corrections is required to maintain the record for offenses committed by an adult when the offense is one for which the record must be provided pursuant to this section."
SECTION 32. Section 20-7-780 of the 1976 Code, as last amended by Section 286, Act 181 of 1993, is further amended to read:
"Section 20-7-780. (A) The court shall make and keep records of all cases brought before it the court and shall devise and cause to be printed forms for social and legal records and other papers as may be required. The official juvenile records of the courts and the Department of Juvenile Justice are open to inspection only by consent of the judge to persons having a legitimate interest but always must be available to the legal counsel of the juvenile. All information obtained and social records prepared in the discharge of official duty by an employee of the court or Department of Juvenile Justice is confidential and must not be disclosed directly or indirectly to anyone, other than the judge or others entitled under this chapter to receive this information unless otherwise ordered by the judge. However, these records are open to inspection without the consent of the judge where the records:
(1) are necessary to defend against an action initiated by a juvenile.; or
(2) pertain to:
(a) a violent crime as defined in Section 16-1-60;
(b) a crime in which an illegal weapon was used;
(c) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or
(d) an alcohol-related offense for which the penalty is more than one year.
(B) The When a juvenile is charged with a violent crime as defined in Section 16-1-60 or with a crime in which an illegal weapon was used, the Department of Juvenile Justice, if requested, shall provide the victim of a violent the crime, as defined in Section 16-1-60, with the name and other basic descriptive information about the juvenile charged with the crime and with information about the juvenile justice system, and the status and disposition of the delinquency action, including hearing dates, times, and locations, and with information concerning services available to victims of juvenile crime. The name, identity, or picture of a child under fourteen years of age who is under the jurisdiction of the court, pursuant to this chapter, must not be made public by a newspaper, radio, or television station except as authorized by order of the court or if the juvenile is charged with:
(1) a violent crime as defined in Section 16-1-60;
(2) a crime in which an illegal weapon was used;
(3) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44;
(4) an alcohol-related offense for which the penalty is more than one year; or
(5) being a Peeping Tom as defined in Section 16-17-470. That treatment be mandated for persons convicted.
(C) A juvenile charged with committing a violent offense as defined in Section 16-1-60, or charged with committing grand larceny of a motor vehicle, may be fingerprinted by the law enforcement agency who takes the juvenile into custody if the juvenile is charged with:
(1) a violent crime as defined in Section 16-1-60;
(2) grand larceny of a motor vehicle;
(3) a crime in which an illegal weapon was used;
(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or
(5) an alcohol-related offense for which the penalty is more than one year.
(D) A juvenile charged with committing a nonviolent an offense other than those enumerated in subsection (C) or a status offense must may not be fingerprinted by law enforcement except upon order of a family court judge. The fingerprint records of a juvenile must may be kept separate from the fingerprint records of adults. The fingerprint records of a juvenile must may not be transmitted to the files of the State Law Enforcement Division or to the Federal Bureau of Investigation or otherwise distributed or provided to another law enforcement agency unless the juvenile is adjudicated delinquent for having committed:
(1) a violent offense, as defined in Section 16-1-60,; or
(2) grand larceny of a motor vehicle;
(3) a crime in which an illegal weapon was used;
(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or
(5) an alcohol-related offense for which the penalty is more than one year.
The fingerprint records of a juvenile who is not adjudicated delinquent for having committed (a) a violent offense, as defined in Section 16-1-60, or (b) grand larceny of a motor vehicle a crime enumerated in this subsection upon notification to law enforcement, must be destroyed or otherwise expunged by the law enforcement agency who took the juvenile into custody. The Department of Juvenile Justice may fingerprint and photograph a juvenile upon commitment to a juvenile correctional institution. Fingerprints and photographs taken by the Department of Juvenile Justice remain confidential and must may not be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for the purpose of aiding the department in apprehending an escapee from the department or assisting the Missing Persons Information Center in the location or identification of a missing or runaway child or except as otherwise provided for in this section."
SECTION 33. Section 20-7-1335 of the 1976 Code, as added by Act 108 of 1987, is amended to read:
"Section 20-7-1335. (A) A juvenile not previously adjudicated delinquent for committing an offense which would have been a crime if committed by an adult, who has been taken into custody, or charged with, or adjudicated delinquent for having committed a status offense or a nonviolent criminal offense, not prohibited in subsection (C) from being expunged, may petition the family court for an order destroying all official records relating to his being taken into custody, the charges filed against him, his the adjudication, and the disposition. The granting of the order is discretionary with the court. However, the court may not grant the order unless it finds that the person who is seeking to have his these records destroyed is at least eighteen years of age, has fully and successfully completed any dispositional sentence imposed upon him, and has neither been charged nor is not currently charged with committing any additional criminal offenses.
(B) For purposes of this section, an adjudication is considered a previous adjudication only if it occurred prior to before the date the subsequent offense was committed.
(C) Under no circumstances is a person allowed to expunge from his record an adjudication for having committed:
(1) a violent crime, as that term is defined in Section 16-1-60; (2) a crime in which an illegal weapon was used;
(3) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or
(4) an alcohol-related offense for which the penalty is more than one year unless the person is not more than twenty-five years of age and has not been adjudicated delinquent or convicted of an offense described in this subsection within the preceding six years.
(D) If the order is granted by the court, no evidence of the records may be retained by any a law enforcement agency or by any a municipal, county, or state agency or department. The effect of the order is to restore the person in the contemplation of the law to the status he the person occupied before he was being taken into custody. No person to whom the order has been entered may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving false statement by reason of his the person's failure to recite or acknowledge the charge or adjudication in response to an inquiry made of him the person for any purpose."
SECTION 34. Section 20-7-3300 of the 1976 Code, as last amended by Section 328, Act 181 of 1993, is further amended to read:
"Section 20-7-3300. Records and information of the department pertaining to juveniles are confidential as provided in Section 20-7-780. However, where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the director must establish policies by which the department may transmit information and records to another department, or agency, or school district of state or local government, or to a school district or to a private institution or facility licensed by the State as a child serving organization, where the information is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. If requested, records a juvenile has been adjudicated and committed to the Department of Juvenile Justice for having committed:
(1) a violent crime as defined in Section 16-1-60;
(2) a crime in which an illegal weapon was used;
(3) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or
(4) an alcohol-related offense for which the penalty is more than one year, the record and information provided to a public or private school by the Department of Juvenile Justice must include in the case of an individual who has been adjudicated for having committed a violent crime, as defined in Section 16-1-60, the unlawful use of possession of a weapon, assault and battery of a high and aggravated nature, or the unlawful sale of drugs whether or not it is considered to be drug trafficking, a copy of, and, if requested, information pertaining to that person's juvenile criminal record. A request for The department must provide the information must be in writing from to the principal of the school the juvenile is attending or seeking to attend and must contain the juvenile's name, address, and social security number as contained in the records of the school district. If a juvenile has been adjudicated and committed to the Department of Juvenile Justice for such an offense enumerated in this section, the person's juvenile criminal record must be provided by the Department of Juvenile Justice to the principal of the school which the juvenile is eligible to attend immediately upon the person's release from the Department of Juvenile Justice. Each school district is responsible for developing a policy for schools to follow within the district which ensures that the confidential nature of these records and of the other information received is maintained. This policy must include at a minimum the retention of the juvenile's criminal record, and other information relating to his criminal record, in the juvenile's school disciplinary file, or in some other confidential location, restricting access to the file and to its contents to school personnel as considered necessary and appropriate to meet and adequately address the educational needs of the juvenile and for the destruction of these records upon the juvenile's completion of secondary school, or upon reaching twenty-one years of age."
SECTION 35. All references in this act to a violent crime as defined in Section 16-1-60 of the 1976 Code is the definition existing on this act's effective date or the definition as may be amended after this act's effective date.
SECTION 36. Section 17-22-60 of the 1976 Code, as last amended by Act 499 of 1992, is further amended to read:
"Section 17-22-60. (A) Intervention shall be is appropriate only where:
(1) The offender is seventeen years of age or older;
(2)(1) there is substantial likelihood that justice will be served if the offender is placed in an intervention program;
(3)(2) it is determined that the needs of the offender and the State can better be met outside the traditional criminal justice process;
(4)(3) it is apparent that the offender poses no threat to the community;
(5)(4) it appears that the offender is unlikely to be involved in further criminal activity;
(6)(5) the offender, in those cases where it is required, is likely to respond quickly to rehabilitative treatment;
(7)(6) the offender has no significant history of prior delinquency or criminal activity.;
(8)(7) The offender has not previously been accepted in a pretrial intervention program.
(B) When jurisdiction in a case involving a child sixteen years of age or older is acquired by the circuit court pursuant to Section 14-21-540 of the 1976 Code, the provision of item (1) of subsection (A) of this section shall not be applicable."
SECTION 37. This act takes effect on July 1, 1994, except the following take effect July 1, 1995:
(1) Section 5;
(2) Section 11;
(3) Section 13;
(4) Sections 59-66-20, 59-66-30, 59-66-50 and 59-66-60, as added to the 1976 Code by Section 14;
(5) Sections 22, 23, 24, 25, and 26;
(6) Sections 59-66-70(A), (B), (C), (D), (E), (F), (H), (I), and (J)./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES moved to table the amendment, which was agreed to.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1232 -- Judiciary Committee: A BILL TO AMEND ARTICLE 9, CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF TRAINING AND CONTINUING EDUCATION UNDER THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO MAKE THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL AN ADVISORY COUNCIL, TO DEVOLVE THE FUNCTIONS OF THE COUNCIL UPON THE DEPARTMENT OF PUBLIC SAFETY AND THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY, TO REVISE THE MEMBERSHIP OF THE TRAINING COUNCIL, AND TO MAKE CONFORMING CHANGES THROUGHOUT THE ARTICLE.
Rep. HODGES moved to table the Bill, which was agreed to.
The following Bill was taken up.
H. 5223 -- Reps. Rudnick, Huff, Sharpe, R. Smith, Spearman and Stone: A BILL TO PROVIDE FOR THE AUTHORIZED TAX MILLAGE TO BE LEVIED FOR THE OPERATIONS OF THE SCHOOL DISTRICT OF AIKEN COUNTY FOR THE YEAR 1994.
Rep. R. SMITH moved to table the Bill, which was agreed to.
The following Bill was taken up.
H. 4361 -- Reps. Stuart, Snow, Vaughn, Quinn, Allison, Waites, Marchbanks and Inabinett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES AFTER JULY 1, 1994, WHO PREVIOUSLY HAS NOT BEEN ELECTED TO SUCH OFFICE SHALL BE A HIGH SCHOOL GRADUATE OR HOLD A GENERAL EDUCATIONAL DEVELOPMENT TESTS DEGREE (GED), AND TO REQUIRE THESE PERSONS TO ALSO SUCCESSFULLY COMPLETE CERTAIN TRAINING WITHIN ONE YEAR OF TAKING OFFICE.
Rep. STUART moved to table the Bill, which was agreed to.
The following Bill was taken up.
H. 4196 -- Reps. Harvin and Whipper: A BILL TO ENACT THE "SOUTH CAROLINA SALE OF CHECKS ACT", PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT BY THE DEPARTMENT OF CONSUMER AFFAIRS, AND PROVIDE FOR RELATED MATTERS, INCLUDING A LICENSING PROCEDURE AND THE PROMULGATION OF REGULATIONS.
Rep. WHIPPER moved to table the Bill, which was agreed to.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1312 -- Senator Land: A BILL TO AMEND SECTION 29-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHODS OF ENTERING SATISFACTION OF MORTGAGES, SO AS TO PERMIT SATISFACTION OF MORTGAGES RECORDED IN COUNTERPARTS BY SATISFACTIONS EXECUTED IN COUNTERPARTS.
S. 967 -- Senators Ryberg and Leventis: A BILL TO AMEND SECTION 12-51-96, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDEMPTION OF MOBILE AND MODULAR HOMES AFTER DELINQUENT TAX SALES, SO AS TO PROVIDE FOR A MAXIMUM AMOUNT THAT MAY BE CHARGED AS RENT WHEN AN OWNER REDEEMS A MOBILE OR MODULAR HOME.
On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that S. 1312 be read the third time tomorrow.
Rep. BOAN moved to adjourn debate upon the following Joint Resolution, which was adopted.
S. 1113 -- Senators Mescher and Rose: A JOINT RESOLUTION TO GRANT THE DEPARTMENT OF REVENUE AND TAXATION THE DISCRETIONARY AUTHORITY TO DELAY IMPLEMENTATION OF SECTION 22 OF ACT 164 OF 1993 IF REQUESTED BY A COUNTY GOVERNING BODY AND TO PROVIDE THAT THE DELAY AND IMPLEMENTATION MAY NOT EXTEND BEYOND JANUARY 1, 1995.
The following Bill was taken up.
S. 894 -- Senators Hayes, Giese, Lander and Washington: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF DRIVER INVOLVED IN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO INCREASE THE PENALTIES FOR LEAVING THE SCENE OF AN ACCIDENT WHEN DEATH RESULTS.
Rep. MARTIN proposed the following Amendment No. 1 (Doc Name L:\Council\Legis\Amend\WWW\30247DW.94).
Amend the bill, as and if amended, page 2, line 5, by striking /ten/ and inserting /two/, line 10, by striking /twenty-five/ and inserting /five/.
Amend title to conform.
Rep. MARTIN explained the amendment.
Rep. SCOTT moved to table the Bill.
Rep. SIMRILL demanded the yeas and nays, which were not ordered.
The House refused to table the Bill by a division vote of 8 to 53.
Reps. SCOTT, HOLT, ANDERSON, NEAL and FELDER objected to the Bill.
The following Bill was taken up.
H. 3599 -- Rep. Davenport: A BILL TO AMEND SECTION 59-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND THE BLIND, SO AS TO ADD A MEMBER WHO REPRESENTS THE INTEREST OF PERSONS WITH MULTIPLE HANDICAPS.
Rep. DAVENPORT moved to table the Bill, which was agreed to.
Rep. KIRSH moved to reconsider the vote whereby debate was adjourned on the following Joint Resolution, which was agreed to.
S. 1113 -- Senators Mescher and Rose: A JOINT RESOLUTION TO GRANT THE DEPARTMENT OF REVENUE AND TAXATION THE DISCRETIONARY AUTHORITY TO DELAY IMPLEMENTATION OF SECTION 22 OF ACT 164 OF 1993 IF REQUESTED BY A COUNTY GOVERNING BODY AND TO PROVIDE THAT THE DELAY AND IMPLEMENTATION MAY NOT EXTEND BEYOND JANUARY 1, 1995.
Rep. BOAN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6118HTC.94), which was adopted.
Amend the joint resolution, as and if amended, in SECTION 1, page 1, line 23, by striking /May 3/ and inserting /July 1/.
Amend title to conform.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 897 -- Senator Reese: A BILL TO AMEND SECTION 16-3-1070, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING, SO AS TO INCREASE THE PENALTIES.
Rep. DAVENPORT moved to adjourn debate upon the Bill.
Rep. MEACHAM moved to table the motion, which was agreed to by a division vote of 44 to 27.
Rep. HODGES explained the Bill.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4778 -- Reps. G. Bailey, J. Wilder, J. Bailey, Richardson, Fulmer, Kennedy, Hallman, Canty, Law, Wofford, H. Brown, Inabinett, Sharpe, Cobb-Hunter, Elliott, Moody-Lawrence, Askins, Worley, Holt, Townsend, McMahand, Davenport, G. Brown, Simrill, A. Young, R. Smith, Littlejohn, Jaskwhich, Stone, Rhoad, Mattos, Stuart, Boan, Govan, Sturkie, Chamblee, McKay, McLeod, Farr, Williams, Hines, Neilson, Hutson, Wells, J. Harris, Allison, Phillips, M.O. Alexander, Walker, Gamble, Marchbanks, Whipper, Houck, Keegan, Witherspoon, Spearman, Klauber, D. Wilder, Neal, Cato, Shissias, Baker, McCraw, Vaughn, Breeland, Kirsh, Wilkes, Barber, Haskins, Fair, Stille, Harrell, Lanford, Wright, Graham, D. Smith, White, Meacham, T.C. Alexander, Carnell, Tucker, Waites, Trotter, Kelley, Stoddard, Robinson, P. Harris, Koon, Riser and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 3, TITLE 15, SO AS TO ENACT THE VOLUNTEER SERVICE PROTECTION ACT, TO PROVIDE IMMUNITY FROM CIVIL LIABILITY BASED UPON A VOLUNTEER'S ACTION IN CONNECTION WITH HIS DUTIES FOR CERTAIN ORGANIZATIONS, AND TO PROVIDE DEFINITIONS.
Rep. STURKIE moved to table the Bill, which was agreed to.
The following Bill was taken up.
S. 782 -- Senators Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 43-7-60, 43-7-70, 43-7-80, AND 43-7-90 SO AS TO PROVIDE FOR THE CRIMES OF MEDICAL ASSISTANCE PROVIDER FRAUD AND MEDICAL ASSISTANCE RECIPIENT FRAUD AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO MAKE IT UNLAWFUL FOR A PROVIDER OF MEDICAL ASSISTANCE, GOODS, OR SERVICES UNDER THE STATE'S MEDICAID PROGRAM TO FAIL TO MAINTAIN SEPARATE ACCOUNTS FOR PATIENT FUNDS AND ACCURATE RECORDS WHEN REQUIRED TO DO SO BY STATE OR FEDERAL LAW, REGULATION, OR POLICY, TO MAKE IT UNLAWFUL FOR A PROVIDER TO REMOVE, TRANSFER, OR OTHERWISE USE THESE PATIENT FUNDS FOR A PURPOSE OTHER THAN THAT WHICH IS AUTHORIZED, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO GRANT CERTAIN POWERS TO THE ATTORNEY GENERAL FOR THE PURPOSE OF CONDUCTING INVESTIGATIONS FOR ALLEGED OR SUSPECTED VIOLATIONS; AND TO REQUIRE A PERSON TO COMPLY WITH CERTAIN REQUESTS OR SUBPOENAS OF THE ATTORNEY GENERAL AND TO PROVIDE FOR PENALTIES FOR FAILURE TO COMPLY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1300DW.94), which was adopted.
Amend the bill, as and if amended, page 4, line 35, by striking /one year/ and inserting /three years/.
Amend further, page 5, by striking lines 8 through 30, which read:
/(B) The Attorney General is authorized to issue subpoenas and subpoenas duces tecum, to a person the Attorney General reasonably believes has information relevant to an investigation of alleged or suspected violations of this chapter. The Attorney General may administer oaths and affirmations and take statements under oath of a person the Attorney General reasonably believes has information relevant to an investigation under this section.
(C) In the event a person fails or refuses to comply with a subpoena or subpoena duces tecum under this section, the Attorney General, or his designee, may petition the court of common pleas for an order compelling the person's immediate compliance with the subpoena or subpoena duces tecum. In addition to other orders, the court may issue an ex parte order to prevent destruction, mutilation, modification, removal, or other tampering with records requested under a subpoena duces tecum. A person who fails to comply with an order issued under this section may be punished for contempt./
Amend further, page 5, line 31, by striking /(D)/ and inserting /(B)/.
Amend further, page 6, line 7, by adding after /entity./ /Any immunity granted in this subsection is deemed transactional immunity./
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Rep. MARTIN proposed the following Amendment No. 2 (Doc Name L:\Council\Legis\Amend\WWW\30250DW.94), which was adopted.
Amend the bill, as and if amended, page 5, by striking Section 43-7-90 of the 1976 Code as contained in SECTION 1 and inserting:
/"Section 43-7-90. The Attorney General has the authority and responsibility to investigate and initiate appropriate action for alleged or suspected violations of Sections 43-7-60 through 43-7-80."/
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
The amendment was then adopted.
Rep. HUTSON proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\16358AC.94), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 44-7-325. (A) A health care facility, as defined in Section 44-7-130, and a health care provider licensed pursuant to Title 40 may charge a fee for the search and duplication of a medical record, but the fee may not exceed sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages, and a clerical fee for searching and handling not to exceed fifteen dollars per request plus actual postage and applicable sales tax. However, no fee may be charged for records copied at the request of a health care provider or for records sent to a health care provider at the request of the patient for the purpose of continuing medical care. The facility or provider may charge a patient or the patient's representative no more than the actual cost of reproduction of an X-ray. Actual cost means the cost of materials and supplies used to duplicate the X-ray and the labor and overhead costs associated with the duplication.
(B) Except for those requests for medical records pursuant to Section 42-15-95:
(1) A health care facility shall comply with a request for copies of a medical record no later than forty-five days after the patient has been discharged or forty-five days after the request is received, whichever is later.
(2) Nothing in this section may compel a health care facility to release a copy of a medical record prior to thirty days after discharge of the patient."
SECTION ____. Section 38-77-341(5) of the 1976 Code, as added by Act 148 of 1989, is amended to read:
"(5) charge for copies of medical records or other records provided more than fifty cents per page, except that a minimum charge of ten dollars for furnishing copies of these records is authorized to be charged by insurers or health care providers. in the case of a health care facility, as defined in Section 44-7-130, and a health care provider licensed pursuant to Title 40, charge a fee for:
(a) the search for and duplication of a medical record, in excess of sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages;
(b) searching and handling a medical record in excess of fifteen dollars per request plus actual postage and applicable sales tax;
(c) records copied at the request of a health care provider or for records sent to a health care provider at the request of a patient for the purpose of continuing medical care;
(d) more than the actual cost of reproduction of an X-ray. Actual cost means the cost of materials and supplies used to duplicate the X-ray and the labor and overhead costs associated with the duplication."
SECTION ____. Section 42-15-95 of the 1976 Code, as last amended by Act 476 of 1990, is further amended to read:
"Section 42-15-95. All existing information compiled by a treatment health care facility, as defined in Section 44-7-130, or a physician health care provider licensed pursuant to Title 40 pertaining directly to a workers' compensation claim must be provided to the insurance carrier, the employer, the employee, their attorneys, or the South Carolina Workers' Compensation Commission, within fourteen days after receipt of written request. The cost for receiving this information is fifty cents a page, with a minimum charge of ten dollars. Actual postage costs, if any, also must be paid for receiving the information. A health care facility and a health care provider may charge a fee for the search and duplication of a medical record, but the fee may not exceed sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages, and a clerical fee for searching and handling not to exceed fifteen dollars per request plus actual postage and applicable sales tax. The facility or provider may charge a patient or the patient's representative no more than the actual cost of reproduction of an X-ray. Actual cost means the cost of materials and supplies used to duplicate the X-ray and the labor and overhead costs associated with the duplication. If a treatment facility or physician fails to send the requested information within forty-five days after receipt of the request, the person or entity making the request may apply to the commission for an appropriate penalty payable to the commission, not to exceed two hundred dollars."
SECTION ____. Section 44-115-80 of the 1976 Code, as added by Act 480 of 1992, is amended to read:
"Section 44-115-80. A physician may charge a fee of fifty cents a page or a minimum fee of ten dollars, plus actual postage costs, for making copies of existing medical records for the search and duplication of a medical record, but the fee may not exceed sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages, and a clerical fee for searching and handling not to exceed fifteen dollars per request plus actual postage and applicable sales tax. However, no fee may be charged for records copied at the request of a health care provider or for records sent to a health care provider at the request of the patient for the purpose of continuing medical care. The physician may charge a patient or the patient's representative no more than the actual cost of reproduction of an X-ray. Actual cost means the cost of materials and supplies used to duplicate the X-ray and the labor and overhead costs associated with the duplication."
SECTION ____. Section 44-29-230 of the 1976 Code is amended to read:
"Section 44-29-230. (A) While working with a patient person or a patient's person's blood or body fluids, if a health care worker or emergency response employee is involved in an incident resulting in possible exposure to Human Immunodeficiency Virus (HIV), and a health care professional has probable cause to believe that the incident may have caused infection, the professional may require the patient to be tested. The test results must be given to the professional who shall report the results to the worker and patient bloodborne diseases, and a health care professional based on reasonable medical judgment has cause to believe that the incident may pose a significant risk to the health care worker or emergency response employee, the health care professional may require the person, the health care worker, or the emergency response employee to be tested without their consent.
(B) The test results must be given to the health care professional who shall report the results and assure the provision of post-test counseling to the health care worker or emergency response employee, and the person who is tested. The test results also shall be reported to the Department of Health and Environmental Control in a manner prescribed by law.
(C) No physician, hospital, or other health care provider may be held liable for conducting the test or the reporting of test results under this section.
(D) For purposes of this section:
(1) 'Person' means a patient at a health care facility or physician's office, an inmate at a state or local correctional facility, an individual under arrest, or an individual in the custody of or being treated by a health care worker or an emergency response employee.
(2) 'Emergency response employee' means firefighters, law enforcement officers, paramedics, emergency medical technicians, medical residents, medical trainees, trainees of an emergency response employee as defined herein, and other persons, including employees of legally organized and recognized volunteer organizations without regard to whether these employees receive compensation, who in the course of their professional duties respond to emergencies.
(3) 'Bloodborne diseases' means Hepatitis B or Human Immunodeficiency Virus infection, including Acquired Immunodeficiency Syndrome.
(4) 'Significant risk' means a finding of facts relating to a human exposure to an etiologic agent for a particular disease, based on reasonable medical judgments given the state of medical knowledge, about the:
(a) nature of the risk;
(b) duration of the risk;
(c) severity of the risk;
(d) probabilities the disease will be transmitted and will cause varying degrees of harm.
(5) 'Health care professional' means a physician, an epidemiologist, or infection control practitioner.
(6) 'Health care worker' means a person licensed as a health care provider under Title 40, a person registered under the laws of this State to provide health care services, an employee of a health care facility as defined in Section 44-7-130(10), or an employee in a physician's office.
(E) The cost of any test conducted under this section must be paid by the:
(1) person being tested;
(2) State in the case of indigents; or
(3) public or private entity employing the health care worker or emergency response employee if the cost is not paid pursuant to subitems (1) and (2) above."/
Renumber sections to conform.
Amend title to conform.
Rep. HUTSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following was received.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, J. Verne Smith and Leventis of the Committee of Free Conference on the part of the Senate on H. 4820 (except for Section 123) (and granted Free Conference Powers):
H. 4820 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1994 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 1-1-1210, AS AMENDED, OF THE 1976 CODE RELATING TO THE SALARIES OF THE GOVERNOR, LIEUTENANT GOVERNOR, AND OTHER STATEWIDE ELECTED CONSTITUTIONAL OFFICERS, SO AS TO SET THEIR SALARIES EFFECTIVE WHEN THEY ASSUME OFFICE IN 1995 AND PROVIDE FOR ANNUAL INCREASES FOR THESE OFFICERS; TO AMEND SECTION 12-7-435, AS AMENDED, OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ALLOW A RESIDENT TAXPAYER A DEDUCTION FOR EACH DEPENDENT CLAIMED ON THE TAXPAYER'S FEDERAL INCOME TAX RETURN WHO HAS NOT YET ATTAINED THE AGE OF SIX YEARS DURING THE APPLICABLE TAX YEAR TO MAKE THE DEDUCTION CONTINGENT UPON IDENTIFICATION OF A REVENUE SOURCE, AND PROVIDE FOR THE REVENUE SOURCE FOR FISCAL YEAR 1994-95 ONLY AS A DELAY IN THE FINAL STEP IN THE NET CAPITAL GAIN DEDUCTION; TO AMEND SECTION 48-23-100, AS AMENDED, OF THE 1976 CODE, RELATING TO FOREST TREE SALES BY THE STATE COMMISSION OF FORESTRY, SO AS TO DELETE REFERENCES TO FOREST TREES AND DELETE THE REQUIREMENT THAT SALE COSTS MAY NOT EXCEED THE COST OF PRODUCTION AND DISTRIBUTION, TO AUTHORIZE ADDITIONAL USES FOR THE TREES SOLD, AND TO PROVIDE THAT SALE PROCEEDS MAY BE RETAINED BY THE COMMISSION AND USED IN THE OPERATION OF TREE NURSERIES AND SEED ORCHARDS; TO AMEND SECTION 44-20-1170, AS AMENDED, OF THE 1976 CODE, RELATING TO USE AND DISPOSITION OF EXCESS DEPARTMENT OF DISABILITY AND SPECIAL NEEDS FUNDS, SO AS TO PERMIT THE DEPARTMENT TO USE EXCESS DEBT SERVICE FUNDS FOR ONE TIME PREVENTION, ASSISTIVE TECHNOLOGY, AND QUALITY INITIATIVES; TO AMEND SECTION 12-7-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 11-11-140 OF THE 1976 CODE, RELATING TO LIMITATIONS ON GENERAL FUND APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO INCLUDE IN THE CALCULATION OF THE BASE REVENUE ESTIMATE RECURRING GENERAL FUND REVENUE ENHANCEMENTS IN THE CURRENT FISCAL YEAR IF CERTIFIED BY THE BOARD OF ECONOMIC ADVISORS; TO AMEND THE 1976 CODE BY ADDING SECTION 48-23-145 SO AS TO PROVIDE FOR COMPENSATION SUPPLEMENTS FOR COMMISSION OF FORESTRY PERSONNEL; TO AMEND THE 1976 CODE BY ADDING SECTION 48-23-132 SO AS TO PROVIDE FOR THE USE OF REVENUE RECEIVED FROM CERTAIN SOURCES BY THE COMMISSION OF FORESTRY; TO AMEND SECTION 1-1-1020, AS AMENDED, OF THE 1976 CODE, RELATING TO THE INSTALLMENT PURCHASE PROGRAM OF THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD FOR LEASE OR RESALE OF EQUIPMENT TO STATE AGENCIES, SO AS TO MOVE THE ADMINISTRATION OF THE PROGRAM TO THE OFFICE OF THE STATE TREASURER AND PROVIDE THAT THE PROGRAM IS FOR THE PURPOSE OF LENDING TO STATE AGENCIES TO LEASE OR PURCHASE CERTAIN TYPES OF EQUIPMENT PURSUANT TO STATE PROCUREMENT LAWS AND REGULATIONS, TO PROVIDE ADDITIONAL EQUIPMENT WHICH MAY BE PURCHASED PURSUANT TO THE PROGRAM, AND TO PROVIDE LOWER STATED RATES OF INTEREST FOR AGENCIES BORROWING AND FOR INSURANCE RESERVE FUND LOANS FOR OPERATING THE PROGRAM; TO AMEND SECTION 20-7-2379, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE GOVERNOR RATHER THAN THE GENERAL ASSEMBLY SHALL SET THE SALARY FOR THE DIVISION DIRECTOR AND THE DIVISION STAFF; TO AMEND SECTION 58-3-100, AS AMENDED, OF THE 1976 CODE, RELATING TO EXPENSES OF OPERATING THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT ALL FEES AND CHARGES IMPOSED BY THE COMMISSION FOR ITS OPERATION MAY BE RETAINED BY THE COMMISSION EXCEPT FEES AND CHARGES ATTRIBUTABLE TO THE TRANSPORTATION DIVISION IN EXCESS OF THE DIVISION'S OPERATING EXPENSES, WHICH MUST BE CREDITED TO THE GENERAL FUND OF THE STATE; TO PROVIDE THAT FROM CERTAIN FEDERAL FUNDS AUTHORIZED TO SOUTH CAROLINA UNDER THE CARL PERKINS VOCATIONAL AND APPLIED TECHNOLOGY AND EDUCATION ACT, THE STATE DEPARTMENT OF EDUCATION MUST ALLOCATE ANNUALLY A PORTION OF THOSE FUNDS TO CLEMSON PUBLIC SERVICE ACTIVITIES FOR AGRICULTURAL TEACHER EDUCATION AND OTHER SERVICES AS PROVIDED FOR IN THE ACT, AND TO PROVIDE THAT THE LEVEL OF FUNDING MUST BE DETERMINED BY A COMMITTEE OF REPRESENTATIVES FROM VARIOUS ENTITIES; TO AMEND SECTION 44-20-355, AS AMENDED, OF THE 1976 CODE, RELATING TO THE FEE FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED, SO AS TO INCREASE THE FEE FROM FIVE DOLLARS TO EIGHT DOLLARS AND FIFTY CENTS A PATIENT DAY; TO AMEND THE 1976 CODE BY ADDING SECTION 24-3-25 SO AS TO PROVIDE FOR THE MANNER IN WHICH APPROPRIATIONS SHALL BE PROVIDED AND DISBURSED TO THE DEPARTMENT OF JUVENILE JUSTICE FOR CERTAIN EDUCATIONAL PROGRAMS; BY ADDING SECTION 24-25-35 SO AS TO PROVIDE FOR THE MANNER IN WHICH APPROPRIATIONS SHALL BE PROVIDED AND DISBURSED TO THE PALMETTO UNIFIED SCHOOL DISTRICT 1 OF THE DEPARTMENT OF CORRECTIONS FOR CERTAIN EDUCATIONAL PROGRAMS; BY ADDING SECTION 59-21-355 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH EDUCATION IMPROVEMENT ACT BUILDING AID APPROPRIATIONS SHALL BE ALLOCATED AND EXPENDED; BY ADDING SECTION 59-25-415 SO AS TO PROVIDE THAT CERTIFIED PERSONNEL WHO HAVE TAUGHT IN A SCHOOL DISTRICT FOR AT LEAST ONE YEAR AND WHO ARE DISMISSED FOR ECONOMIC REASONS HAVE PRIORITY FOR BEING REHIRED TO FILL ANY VACANCY FOR WHICH THEY ARE QUALIFIED WHICH OCCURS WITHIN TWO YEARS FROM THE DATE OF THEIR DISMISSAL; BY ADDING SECTION 59-26-45 SO AS TO ESTABLISH PROCEDURES AND REQUIREMENTS UNDER WHICH STUDENTS WHO HAVE FAILED TO ACHIEVE A PASSING SCORE ON ALL SECTIONS OF THE EDUCATION ENTRANCE EXAMINATION (EEE) AFTER THE NUMBER OF ATTEMPTS ALLOWED BY LAW SHALL BE ALLOWED TO RETAKE THAT PORTION OF THE TEST FAILED; AND BY ADDING SECTION 59-67-421 SO AS TO PROVIDE THAT NO SCHOOL DISTRICT SHALL HAVE CERTAIN LIABILITY IN REGARD TO SCHOOL TRANSPORTATION WITHIN HAZARDOUS AREAS; TO AMEND SECTION 59-20-20, RELATING TO DEFINITIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO FURTHER PROVIDE FOR THE DEFINITION OF "INDEX OF TAXPAYING ABILITY"; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE AVERAGE DAILY MEMBERSHIP PUPIL-TEACHER RATIO FOR GRADES 1 THROUGH 3 BE IMPLEMENTED TO THE EXTENT POSSIBLE ON AN INDIVIDUAL CLASS BASIS AND THAT THE PUPIL ENROLLMENT IN THESE GRADES SHOULD NOT EXCEED TWENTY-EIGHT PUPILS IN EACH CLASS; TO AMEND SECTION 59-20-50, AS AMENDED, RELATING TO THE LEVEL OF STATE AND LOCAL CONTRIBUTIONS AND SALARY SCHEDULES UNDER THE EDUCATION FINANCE ACT, SO AS TO FURTHER PROVIDE FOR THESE SALARY SCHEDULES, THE LEVEL OF REQUIRED STATE AND LOCAL EFFORT, AND THE MANNER IN WHICH SCHOOL DISTRICTS SHALL RECEIVE CERTAIN FUNDS UNDER THIS SECTION; AND TO AMEND SECTION 59-21-450, RELATING TO THE ALLOCATION OF UNEXPENDED BUDGET AMOUNTS IN THE EDUCATION IMPROVEMENT ACT FUND TO SCHOOL BUILDING AID PROGRAMS, SO AS TO REVISE THE FUNDS TO WHICH THIS SECTION APPLIES; TO AMEND SECTION 38-13-20, AS AMENDED, OF THE 1976 CODE, RELATING TO EXAMINATIONS OF INSURANCE COMPANIES BY THE DEPARTMENT OF INSURANCE, SO AS TO CLARIFY WHAT EXAMINATION EXPENSES AN INSURANCE COMPANY IS LIABLE FOR, TO PROVIDE LOWER EXAMINATION FEES FOR DOMESTIC INSURERS WITH LESS THAN ONE MILLION DOLLARS IN TOTAL CAPITAL AND SURPLUS AS OF DECEMBER 31, 1993, TO PROVIDE FOR APPEALS BY INSURERS OF EXAMINATION FEES, AND TO PROVIDE THAT EXAMINATION FEES ARE RETAINED BY THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 12-27-400, AS AMENDED, OF THE 1976 CODE, RELATING TO DISTRIBUTION AND USE OF THE 2.66 A GALLON GASOLINE TAX, SO AS TO PROVIDE FOR THE EXPENDITURE OF A COUNTY'S APPORTIONMENT OF "C" FUNDS AND TO CHANGE DEPARTMENT NAMES; TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-70 SO AS TO PROVIDE THAT STATE AID TO SUBDIVISIONS ACT DISTRIBUTIONS TO A COUNTY OR MUNICIPALITY WHICH IMPOSES A FEE OR TAX ON THE TRANSFER OF REAL PROPERTY NOT AUTHORIZED SPECIFICALLY BY GENERAL LAW MUST BE REDUCED BY AN AMOUNT EQUAL TO THE REVENUES OF THE REAL ESTATE TRANSFER FEE OR TAX; TO REPEAL CHAPTER 15, TITLE 2 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF THE LEGISLATIVE AUDIT COUNCIL, AND TO REPEAL CHAPTER 22, TITLE 1 OF THE 1976 CODE, RELATING TO THE COMPLIANCE REVIEW ACT OF 1988; TO REPEAL CHAPTER 19 OF TITLE 1 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF THE STATE REORGANIZATION COMMISSION, AND TO REPEAL CHAPTER 22 OF TITLE 1 OF THE 1976 CODE, RELATING TO THE COMPLIANCE REVIEW ACT OF 1988; TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-75 SO AS TO PROVIDE THAT STATE AID TO SUBDIVISIONS ACT DISTRIBUTIONS TO A COUNTY WHICH IMPOSES A FEE OR TAX ON INSURANCE COMPANIES NOT AUTHORIZED SPECIFICALLY BY GENERAL LAW MUST BE REDUCED BY AN AMOUNT EQUAL TO THE REVENUES FROM THE FEE OR TAX; TO AMEND SECTION 12-21-2423 OF THE 1976 CODE, RELATING TO THE USE OF A PORTION OF ADMISSIONS TAX REVENUES TO FUND INFRASTRUCTURE IMPROVEMENTS AND PROVIDE AN INFRASTRUCTURE DEVELOPMENT FUND, SO AS TO EXPAND THE DEFINITIONS OF MAJOR TOURISM OR RECREATION FACILITY TO INCLUDE "DESIGNATED DEVELOPMENT AREA" AND TO DEFINE SUCH AREAS AND PROVIDE THE REQUIRED INVESTMENT AMOUNTS APPLICABLE TO SUCH AREAS, AND TO ADD SPECIFIC CATEGORIES OF FACILITIES ELIGIBLE FOR THE DESIGNATION "MAJOR TOURISM OR RECREATION FACILITY" AND "SECONDARY SUPPORT FACILITIES" AND "ADDITIONAL INFRASTRUCTURE IMPROVEMENT"; AND TO AMEND SECTION 13-1-1720, RELATING TO THE DUTIES OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO GIVE THE COUNCIL AUTHORITY TO APPROVE INFRASTRUCTURE GRANTS; TO AMEND THE 1976 CODE BY ADDING SECTION 1-30-130, SO AS TO DEVOLVE UPON THE DEPARTMENT OF CULTURAL AND INFORMATIONAL RESOURCES THE POWERS AND DUTIES OF THE SOUTH CAROLINA ARTS MUSEUM, SOUTH CAROLINA MUSEUM COMMISSION, STATE LIBRARY BOARD, COMMISSION OF ARCHIVES AND HISTORY, AND CONFEDERATE RELIC ROOM, TO AMEND THE 1976 CODE BY ADDING CHAPTER 17 IN TITLE 60, RELATING TO LIBRARIES, ARCHIVES, MUSEUMS, AND ARTS, SO AS TO ESTABLISH THE SOUTH CAROLINA DEPARTMENT OF CULTURAL AND INFORMATIONAL RESOURCES AND PROVIDE FOR ITS GOVERNANCE, FUNCTIONS, AND DIVISIONS, TO AMEND SECTION 1-30-10, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO ADD THE DEPARTMENT OF CULTURAL AND INFORMATIONAL RESOURCES, TO PROVIDE TRANSITION PROVISIONS, AND TO REPEAL CHAPTERS 1, 11, AND 15 OF TITLE 60 OF THE 1976 CODE AND ARTICLE 1, CHAPTER 13 OF TITLE 60 OF THE 1976 CODE, RELATING TO THE ENTITIES DEVOLVED UPON THE DEPARTMENT CREATED BY THIS SECTION; TO AMEND THE 1976 CODE BY ADDING SECTION 11-1-45 SO AS TO PROVIDE THAT NO STATE AGENCY SHALL ENTER INTO A SETTLEMENT OF ANY LITIGATION OR DISPUTE REQUIRING THE EXPENDITURE OF MONIES APPROPRIATED OR PROVIDED FOR IN A GENERAL OR SUPPLEMENTAL APPROPRIATIONS ACT WITHOUT PRIOR WRITTEN APPROVAL FROM THE BUDGET AND CONTROL BOARD; TO PROHIBIT STATE-SUPPORTED COLLEGES AND UNIVERSITIES, INCLUDING TECHNICAL COLLEGES, FROM INCREASING TUITION AND FEES TO IN-STATE STUDENTS UNTIL SUCH TIME AS THE INSTITUTIONS RECAPTURE AND MAINTAIN ONE HUNDRED PERCENT OF THE TOTAL EDUCATION AND GENERAL COST OF OUT-OF-STATE STUDENTS, AND TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION OVER A SPECIFIED NUMBER OF YEARS SHALL DECREASE THE SUBSIDY TO OUT-OF-STATE STUDENTS UNTIL THE STATE SUBSIDY IS AT TWENTY-FIVE PERCENT OF THE TOTAL EDUCATION AND GENERAL COST; TO AMEND THE 1976 CODE BY ADDING SECTION 44-93-175 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL DEVELOP AND IMPLEMENT THE SAME FEE SCHEDULE FOR INFECTIOUS WASTE GENERATED OUTSIDE OF THIS STATE AS IS CHARGED FOR INFECTIOUS WASTE GENERATED WITHIN THIS STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-235 SO AS TO PROVIDE THAT THE SUPREME COURT BY RULE SHALL PROVIDE FOR THE APPOINTMENT AND GOVERNANCE OF ASSOCIATE JUDGES FOR CHILD SUPPORT WHO SHALL PRESIDE OVER PATERNITY AND CHILD SUPPORT MATTERS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND TO PROVIDE FOR THE AUTHORITY OF AND APPEALS FROM THESE JUDGES; TO AMEND SECTION 20-7-1440, AS AMENDED, RELATING TO FEES IN FAMILY COURT MATTERS, SO AS TO DELETE THE EXEMPTION FOR PAYING COURT FEES IN DEPENDENCY ACTIONS; TO AMEND SECTION 43-5-235, AS AMENDED, RELATING TO REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF THE CHILD SUPPORT COLLECTION PROGRAM, SO AS TO INCLUDE PROVISIONS RELATING TO PAYMENT OF UNIT COSTS AND TO PROVIDE THAT THESE MONIES MUST BE DEPOSITED INTO A SPECIAL ACCOUNT FOR THE EXCLUSIVE USE BY CLERKS OF COURT IN THE CHILD SUPPORT PROGRAM; AND TO REPEAL SECTION 20-7-1317, RELATING TO USE OF FEDERAL FUNDS BY CLERKS OF COURT FOR THE OPERATION OF WAGE WITHHOLDING FOR CHILD SUPPORT; TO AMEND SECTION 22-3-550 OF THE 1976 CODE, RELATING TO A MAGISTRATE'S JURISDICTION OVER MINOR CRIMINAL OFFENSES, SO AS TO PROVIDE A LIMITATION ON A MAGISTRATE'S POWER TO IMPOSE CONSECUTIVE TERMS OF IMPRISONMENT; TO REPEAL SECTION 56-1-145 OF THE 1976 CODE, RELATING TO THE USE OF INCREASED MOTOR VEHICLE REGISTRATION FEES FOR ACCESS ROUTES TO DISTRESSED AREAS.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, J. Verne Smith and Leventis of the Committee of Free Conference on the part of the Senate on H. 4821 and granted Free Conference Powers:
H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 1, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, J. Verne Smith and Leventis of the Committee of Free Conference on the part of the Senate on H. 4822 and granted Free Conference Powers:
H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Very respectfully,
President
Received as information.
Rep. BOAN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 4820 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1994 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 1-1-1210, AS AMENDED, OF THE 1976 CODE RELATING TO THE SALARIES OF THE GOVERNOR, LIEUTENANT GOVERNOR, AND OTHER STATEWIDE ELECTED CONSTITUTIONAL OFFICERS, SO AS TO SET THEIR SALARIES EFFECTIVE WHEN THEY ASSUME OFFICE IN 1995 AND PROVIDE FOR ANNUAL INCREASES FOR THESE OFFICERS; TO AMEND SECTION 12-7-435, AS AMENDED, OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ALLOW A RESIDENT TAXPAYER A DEDUCTION FOR EACH DEPENDENT CLAIMED ON THE TAXPAYER'S FEDERAL INCOME TAX RETURN WHO HAS NOT YET ATTAINED THE AGE OF SIX YEARS DURING THE APPLICABLE TAX YEAR TO MAKE THE DEDUCTION CONTINGENT UPON IDENTIFICATION OF A REVENUE SOURCE, AND PROVIDE FOR THE REVENUE SOURCE FOR FISCAL YEAR 1994-95 ONLY AS A DELAY IN THE FINAL STEP IN THE NET CAPITAL GAIN DEDUCTION; TO AMEND SECTION 48-23-100, AS AMENDED, OF THE 1976 CODE, RELATING TO FOREST TREE SALES BY THE STATE COMMISSION OF FORESTRY, SO AS TO DELETE REFERENCES TO FOREST TREES AND DELETE THE REQUIREMENT THAT SALE COSTS MAY NOT EXCEED THE COST OF PRODUCTION AND DISTRIBUTION, TO AUTHORIZE ADDITIONAL USES FOR THE TREES SOLD, AND TO PROVIDE THAT SALE PROCEEDS MAY BE RETAINED BY THE COMMISSION AND USED IN THE OPERATION OF TREE NURSERIES AND SEED ORCHARDS; TO AMEND SECTION 44-20-1170, AS AMENDED, OF THE 1976 CODE, RELATING TO USE AND DISPOSITION OF EXCESS DEPARTMENT OF DISABILITY AND SPECIAL NEEDS FUNDS, SO AS TO PERMIT THE DEPARTMENT TO USE EXCESS DEBT SERVICE FUNDS FOR ONE TIME PREVENTION, ASSISTIVE TECHNOLOGY, AND QUALITY INITIATIVES; TO AMEND SECTION 12-7-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 11-11-140 OF THE 1976 CODE, RELATING TO LIMITATIONS ON GENERAL FUND APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO INCLUDE IN THE CALCULATION OF THE BASE REVENUE ESTIMATE RECURRING GENERAL FUND REVENUE ENHANCEMENTS IN THE CURRENT FISCAL YEAR IF CERTIFIED BY THE BOARD OF ECONOMIC ADVISORS; TO AMEND THE 1976 CODE BY ADDING SECTION 48-23-145 SO AS TO PROVIDE FOR COMPENSATION SUPPLEMENTS FOR COMMISSION OF FORESTRY PERSONNEL; TO AMEND THE 1976 CODE BY ADDING SECTION 48-23-132 SO AS TO PROVIDE FOR THE USE OF REVENUE RECEIVED FROM CERTAIN SOURCES BY THE COMMISSION OF FORESTRY; TO AMEND SECTION 1-1-1020, AS AMENDED, OF THE 1976 CODE, RELATING TO THE INSTALLMENT PURCHASE PROGRAM OF THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD FOR LEASE OR RESALE OF EQUIPMENT TO STATE AGENCIES, SO AS TO MOVE THE ADMINISTRATION OF THE PROGRAM TO THE OFFICE OF THE STATE TREASURER AND PROVIDE THAT THE PROGRAM IS FOR THE PURPOSE OF LENDING TO STATE AGENCIES TO LEASE OR PURCHASE CERTAIN TYPES OF EQUIPMENT PURSUANT TO STATE PROCUREMENT LAWS AND REGULATIONS, TO PROVIDE ADDITIONAL EQUIPMENT WHICH MAY BE PURCHASED PURSUANT TO THE PROGRAM, AND TO PROVIDE LOWER STATED RATES OF INTEREST FOR AGENCIES BORROWING AND FOR INSURANCE RESERVE FUND LOANS FOR OPERATING THE PROGRAM; TO AMEND SECTION 20-7-2379, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE GOVERNOR RATHER THAN THE GENERAL ASSEMBLY SHALL SET THE SALARY FOR THE DIVISION DIRECTOR AND THE DIVISION STAFF; TO AMEND SECTION 58-3-100, AS AMENDED, OF THE 1976 CODE, RELATING TO EXPENSES OF OPERATING THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT ALL FEES AND CHARGES IMPOSED BY THE COMMISSION FOR ITS OPERATION MAY BE RETAINED BY THE COMMISSION EXCEPT FEES AND CHARGES ATTRIBUTABLE TO THE TRANSPORTATION DIVISION IN EXCESS OF THE DIVISION'S OPERATING EXPENSES, WHICH MUST BE CREDITED TO THE GENERAL FUND OF THE STATE; TO PROVIDE THAT FROM CERTAIN FEDERAL FUNDS AUTHORIZED TO SOUTH CAROLINA UNDER THE CARL PERKINS VOCATIONAL AND APPLIED TECHNOLOGY AND EDUCATION ACT, THE STATE DEPARTMENT OF EDUCATION MUST ALLOCATE ANNUALLY A PORTION OF THOSE FUNDS TO CLEMSON PUBLIC SERVICE ACTIVITIES FOR AGRICULTURAL TEACHER EDUCATION AND OTHER SERVICES AS PROVIDED FOR IN THE ACT, AND TO PROVIDE THAT THE LEVEL OF FUNDING MUST BE DETERMINED BY A COMMITTEE OF REPRESENTATIVES FROM VARIOUS ENTITIES; TO AMEND SECTION 44-20-355, AS AMENDED, OF THE 1976 CODE, RELATING TO THE FEE FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED, SO AS TO INCREASE THE FEE FROM FIVE DOLLARS TO EIGHT DOLLARS AND FIFTY CENTS A PATIENT DAY; TO AMEND THE 1976 CODE BY ADDING SECTION 24-3-25 SO AS TO PROVIDE FOR THE MANNER IN WHICH APPROPRIATIONS SHALL BE PROVIDED AND DISBURSED TO THE DEPARTMENT OF JUVENILE JUSTICE FOR CERTAIN EDUCATIONAL PROGRAMS; BY ADDING SECTION 24-25-35 SO AS TO PROVIDE FOR THE MANNER IN WHICH APPROPRIATIONS SHALL BE PROVIDED AND DISBURSED TO THE PALMETTO UNIFIED SCHOOL DISTRICT 1 OF THE DEPARTMENT OF CORRECTIONS FOR CERTAIN EDUCATIONAL PROGRAMS; BY ADDING SECTION 59-21-355 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH EDUCATION IMPROVEMENT ACT BUILDING AID APPROPRIATIONS SHALL BE ALLOCATED AND EXPENDED; BY ADDING SECTION 59-25-415 SO AS TO PROVIDE THAT CERTIFIED PERSONNEL WHO HAVE TAUGHT IN A SCHOOL DISTRICT FOR AT LEAST ONE YEAR AND WHO ARE DISMISSED FOR ECONOMIC REASONS HAVE PRIORITY FOR BEING REHIRED TO FILL ANY VACANCY FOR WHICH THEY ARE QUALIFIED WHICH OCCURS WITHIN TWO YEARS FROM THE DATE OF THEIR DISMISSAL; BY ADDING SECTION 59-26-45 SO AS TO ESTABLISH PROCEDURES AND REQUIREMENTS UNDER WHICH STUDENTS WHO HAVE FAILED TO ACHIEVE A PASSING SCORE ON ALL SECTIONS OF THE EDUCATION ENTRANCE EXAMINATION (EEE) AFTER THE NUMBER OF ATTEMPTS ALLOWED BY LAW SHALL BE ALLOWED TO RETAKE THAT PORTION OF THE TEST FAILED; AND BY ADDING SECTION 59-67-421 SO AS TO PROVIDE THAT NO SCHOOL DISTRICT SHALL HAVE CERTAIN LIABILITY IN REGARD TO SCHOOL TRANSPORTATION WITHIN HAZARDOUS AREAS; TO AMEND SECTION 59-20-20, RELATING TO DEFINITIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO FURTHER PROVIDE FOR THE DEFINITION OF "INDEX OF TAXPAYING ABILITY"; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE AVERAGE DAILY MEMBERSHIP PUPIL-TEACHER RATIO FOR GRADES 1 THROUGH 3 BE IMPLEMENTED TO THE EXTENT POSSIBLE ON AN INDIVIDUAL CLASS BASIS AND THAT THE PUPIL ENROLLMENT IN THESE GRADES SHOULD NOT EXCEED TWENTY-EIGHT PUPILS IN EACH CLASS; TO AMEND SECTION 59-20-50, AS AMENDED, RELATING TO THE LEVEL OF STATE AND LOCAL CONTRIBUTIONS AND SALARY SCHEDULES UNDER THE EDUCATION FINANCE ACT, SO AS TO FURTHER PROVIDE FOR THESE SALARY SCHEDULES, THE LEVEL OF REQUIRED STATE AND LOCAL EFFORT, AND THE MANNER IN WHICH SCHOOL DISTRICTS SHALL RECEIVE CERTAIN FUNDS UNDER THIS SECTION; AND TO AMEND SECTION 59-21-450, RELATING TO THE ALLOCATION OF UNEXPENDED BUDGET AMOUNTS IN THE EDUCATION IMPROVEMENT ACT FUND TO SCHOOL BUILDING AID PROGRAMS, SO AS TO REVISE THE FUNDS TO WHICH THIS SECTION APPLIES; TO AMEND SECTION 38-13-20, AS AMENDED, OF THE 1976 CODE, RELATING TO EXAMINATIONS OF INSURANCE COMPANIES BY THE DEPARTMENT OF INSURANCE, SO AS TO CLARIFY WHAT EXAMINATION EXPENSES AN INSURANCE COMPANY IS LIABLE FOR, TO PROVIDE LOWER EXAMINATION FEES FOR DOMESTIC INSURERS WITH LESS THAN ONE MILLION DOLLARS IN TOTAL CAPITAL AND SURPLUS AS OF DECEMBER 31, 1993, TO PROVIDE FOR APPEALS BY INSURERS OF EXAMINATION FEES, AND TO PROVIDE THAT EXAMINATION FEES ARE RETAINED BY THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 12-27-400, AS AMENDED, OF THE 1976 CODE, RELATING TO DISTRIBUTION AND USE OF THE 2.66 A GALLON GASOLINE TAX, SO AS TO PROVIDE FOR THE EXPENDITURE OF A COUNTY'S APPORTIONMENT OF "C" FUNDS AND TO CHANGE DEPARTMENT NAMES; TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-70 SO AS TO PROVIDE THAT STATE AID TO SUBDIVISIONS ACT DISTRIBUTIONS TO A COUNTY OR MUNICIPALITY WHICH IMPOSES A FEE OR TAX ON THE TRANSFER OF REAL PROPERTY NOT AUTHORIZED SPECIFICALLY BY GENERAL LAW MUST BE REDUCED BY AN AMOUNT EQUAL TO THE REVENUES OF THE REAL ESTATE TRANSFER FEE OR TAX; TO REPEAL CHAPTER 15, TITLE 2 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF THE LEGISLATIVE AUDIT COUNCIL, AND TO REPEAL CHAPTER 22, TITLE 1 OF THE 1976 CODE, RELATING TO THE COMPLIANCE REVIEW ACT OF 1988; TO REPEAL CHAPTER 19 OF TITLE 1 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF THE STATE REORGANIZATION COMMISSION, AND TO REPEAL CHAPTER 22 OF TITLE 1 OF THE 1976 CODE, RELATING TO THE COMPLIANCE REVIEW ACT OF 1988; TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-75 SO AS TO PROVIDE THAT STATE AID TO SUBDIVISIONS ACT DISTRIBUTIONS TO A COUNTY WHICH IMPOSES A FEE OR TAX ON INSURANCE COMPANIES NOT AUTHORIZED SPECIFICALLY BY GENERAL LAW MUST BE REDUCED BY AN AMOUNT EQUAL TO THE REVENUES FROM THE FEE OR TAX; TO AMEND SECTION 12-21-2423 OF THE 1976 CODE, RELATING TO THE USE OF A PORTION OF ADMISSIONS TAX REVENUES TO FUND INFRASTRUCTURE IMPROVEMENTS AND PROVIDE AN INFRASTRUCTURE DEVELOPMENT FUND, SO AS TO EXPAND THE DEFINITIONS OF MAJOR TOURISM OR RECREATION FACILITY TO INCLUDE "DESIGNATED DEVELOPMENT AREA" AND TO DEFINE SUCH AREAS AND PROVIDE THE REQUIRED INVESTMENT AMOUNTS APPLICABLE TO SUCH AREAS, AND TO ADD SPECIFIC CATEGORIES OF FACILITIES ELIGIBLE FOR THE DESIGNATION "MAJOR TOURISM OR RECREATION FACILITY" AND "SECONDARY SUPPORT FACILITIES" AND "ADDITIONAL INFRASTRUCTURE IMPROVEMENT"; AND TO AMEND SECTION 13-1-1720, RELATING TO THE DUTIES OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO GIVE THE COUNCIL AUTHORITY TO APPROVE INFRASTRUCTURE GRANTS; TO AMEND THE 1976 CODE BY ADDING SECTION 1-30-130, SO AS TO DEVOLVE UPON THE DEPARTMENT OF CULTURAL AND INFORMATIONAL RESOURCES THE POWERS AND DUTIES OF THE SOUTH CAROLINA ARTS MUSEUM, SOUTH CAROLINA MUSEUM COMMISSION, STATE LIBRARY BOARD, COMMISSION OF ARCHIVES AND HISTORY, AND CONFEDERATE RELIC ROOM, TO AMEND THE 1976 CODE BY ADDING CHAPTER 17 IN TITLE 60, RELATING TO LIBRARIES, ARCHIVES, MUSEUMS, AND ARTS, SO AS TO ESTABLISH THE SOUTH CAROLINA DEPARTMENT OF CULTURAL AND INFORMATIONAL RESOURCES AND PROVIDE FOR ITS GOVERNANCE, FUNCTIONS, AND DIVISIONS, TO AMEND SECTION 1-30-10, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO ADD THE DEPARTMENT OF CULTURAL AND INFORMATIONAL RESOURCES, TO PROVIDE TRANSITION PROVISIONS, AND TO REPEAL CHAPTERS 1, 11, AND 15 OF TITLE 60 OF THE 1976 CODE AND ARTICLE 1, CHAPTER 13 OF TITLE 60 OF THE 1976 CODE, RELATING TO THE ENTITIES DEVOLVED UPON THE DEPARTMENT CREATED BY THIS SECTION; TO AMEND THE 1976 CODE BY ADDING SECTION 11-1-45 SO AS TO PROVIDE THAT NO STATE AGENCY SHALL ENTER INTO A SETTLEMENT OF ANY LITIGATION OR DISPUTE REQUIRING THE EXPENDITURE OF MONIES APPROPRIATED OR PROVIDED FOR IN A GENERAL OR SUPPLEMENTAL APPROPRIATIONS ACT WITHOUT PRIOR WRITTEN APPROVAL FROM THE BUDGET AND CONTROL BOARD; TO PROHIBIT STATE-SUPPORTED COLLEGES AND UNIVERSITIES, INCLUDING TECHNICAL COLLEGES, FROM INCREASING TUITION AND FEES TO IN-STATE STUDENTS UNTIL SUCH TIME AS THE INSTITUTIONS RECAPTURE AND MAINTAIN ONE HUNDRED PERCENT OF THE TOTAL EDUCATION AND GENERAL COST OF OUT-OF-STATE STUDENTS, AND TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION OVER A SPECIFIED NUMBER OF YEARS SHALL DECREASE THE SUBSIDY TO OUT-OF-STATE STUDENTS UNTIL THE STATE SUBSIDY IS AT TWENTY-FIVE PERCENT OF THE TOTAL EDUCATION AND GENERAL COST; TO AMEND THE 1976 CODE BY ADDING SECTION 44-93-175 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL DEVELOP AND IMPLEMENT THE SAME FEE SCHEDULE FOR INFECTIOUS WASTE GENERATED OUTSIDE OF THIS STATE AS IS CHARGED FOR INFECTIOUS WASTE GENERATED WITHIN THIS STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-235 SO AS TO PROVIDE THAT THE SUPREME COURT BY RULE SHALL PROVIDE FOR THE APPOINTMENT AND GOVERNANCE OF ASSOCIATE JUDGES FOR CHILD SUPPORT WHO SHALL PRESIDE OVER PATERNITY AND CHILD SUPPORT MATTERS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND TO PROVIDE FOR THE AUTHORITY OF AND APPEALS FROM THESE JUDGES; TO AMEND SECTION 20-7-1440, AS AMENDED, RELATING TO FEES IN FAMILY COURT MATTERS, SO AS TO DELETE THE EXEMPTION FOR PAYING COURT FEES IN DEPENDENCY ACTIONS; TO AMEND SECTION 43-5-235, AS AMENDED, RELATING TO REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF THE CHILD SUPPORT COLLECTION PROGRAM, SO AS TO INCLUDE PROVISIONS RELATING TO PAYMENT OF UNIT COSTS AND TO PROVIDE THAT THESE MONIES MUST BE DEPOSITED INTO A SPECIAL ACCOUNT FOR THE EXCLUSIVE USE BY CLERKS OF COURT IN THE CHILD SUPPORT PROGRAM; AND TO REPEAL SECTION 20-7-1317, RELATING TO USE OF FEDERAL FUNDS BY CLERKS OF COURT FOR THE OPERATION OF WAGE WITHHOLDING FOR CHILD SUPPORT; TO AMEND SECTION 22-3-550 OF THE 1976 CODE, RELATING TO A MAGISTRATE'S JURISDICTION OVER MINOR CRIMINAL OFFENSES, SO AS TO PROVIDE A LIMITATION ON A MAGISTRATE'S POWER TO IMPOSE CONSECUTIVE TERMS OF IMPRISONMENT; TO REPEAL SECTION 56-1-145 OF THE 1976 CODE, RELATING TO THE USE OF INCREASED MOTOR VEHICLE REGISTRATION FEES FOR ACCESS ROUTES TO DISTRESSED AREAS.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Bailey, G. Bailey, J. Barber Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Chamblee Cobb-Hunter Cromer Delleney Farr Felder Fulmer Gamble Gonzales Govan Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harvin Hines Hodges Holt Houck Inabinett Jennings Keegan Keyserling Kinon Kirsh Martin Mattos McAbee McCraw McElveen McKay McLeod Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Rogers Rudnick Scott Sharpe Sheheen Shissias Snow Spearman Stille Stoddard Thomas Tucker Waites Waldrop Whipper White Wilder, D. Wilkes Witherspoon Worley
Those who voted in the negative are:
Alexander, T.C. Allison Baker Cato Clyborne Cooper Corning Davenport Fair Graham Haskins Huff Hutson Jaskwhich Kelley Klauber Koon Lanford Littlejohn Marchbanks Meacham Riser Robinson Simrill Smith, D. Smith, R. Stone Stuart Sturkie Trotter Vaughn Walker Wells Wilkins Wofford Wright Young, A. Young, R.
So, having failed to received the necessary two-thirds vote, Free Conference Powers were rejected.
Rep. BOAN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4964 -- Reps. Davenport, Wilkes, Townsend, G. Brown, Stille, Moody-Lawrence, Inabinett, Harvin, Richardson, Lanford, Corning, Simrill, Haskins, Allison, D. Wilder, McElveen, Neal, Beatty, Stuart, Klauber, Law, Witherspoon, Baxley, Delleney, Canty, J. Bailey, McTeer and Riser: A CONCURRENT RESOLUTION TO DIRECT THE STATE DEPARTMENT OF EDUCATION TO COMPILE A LIST OF STATE AND LOCAL REGULATIONS IMPOSED ON SCHOOLS WHICH IT CONSIDERS AS UNNECESSARILY BURDENSOME, AND TO PROVIDE THAT THE FINDINGS OF THE DEPARTMENT SHALL BE REPORTED TO THE GENERAL ASSEMBLY BY JANUARY 1, 1995, AND MUST INCLUDE RECOMMENDATIONS TO ELIMINATE OUT-DATED, DUPLICATIVE, OR UNNECESSARY REGULATIONS IMPOSED ON SCHOOLS.
H. 5255 -- Reps. Holt, J. Bailey, Barber, Breeland, Fulmer, Gonzales, Hallman, Harrell, Hutson, Inabinett and Whipper: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE ROGER M. YOUNG OF CHARLESTON FOR HIS EXEMPLARY SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE OCCASION OF HIS RETIREMENT FROM THE HOUSE AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.
H. 5256 -- Reps. Holt, Barber, Breeland, Fulmer, Gonzales, Hallman, Harrell, Hutson, Inabinett, Whipper and R. Young: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE JAMES J. "JIMMY" BAILEY OF CHARLESTON FOR HIS EXEMPLARY SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE OCCASION OF HIS RETIREMENT FROM THE HOUSE AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.
H. 5257 -- Reps. Holt, J. Bailey, Breeland, Fulmer, Gonzales, Hallman, Harrell, Hutson, Inabinett, Whipper and R. Young: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE ROBERT A. BARBER, JR., OF CHARLESTON FOR HIS EXEMPLARY SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE OCCASION OF HIS RETIREMENT FROM THE HOUSE AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.
H. 5259 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE HAROLD D. MCLAMB, COUNTY EXTENSION AGENT WITH THE CLEMSON UNIVERSITY EXTENSION SERVICE IN LEE COUNTY, UPON HIS RETIREMENT AFTER TWENTY-FOUR YEARS OF STATE SERVICE, FOURTEEN OF WHICH HAVE BEEN AS COUNTY EXTENSION DIRECTOR IN LEE COUNTY.
H. 5261 -- Rep. R. Young: A CONCURRENT RESOLUTION TO CONGRATULATE MAJOR FRANKLIN E. WARD OF CHARLESTON COUNTY ON THE OCCASION OF HIS RETIREMENT FROM THE UNITED STATES AIR FORCE.
H. 5262 -- Reps. Carnell, Stoddard and D. Wilder: A CONCURRENT RESOLUTION TO COMMEND DR. CHARLES H. CHADWELL, PIEDMONT REGIONAL DIRECTOR FOR THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, FOR HIS UNSELFISH DEDICATION TO ENRICHING THE LIVES OF SOUTH CAROLINIANS WITH DISABILITIES UPON HIS RETIREMENT.
H. 5263 -- Rep. T.C. Alexander: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE LINDSEY O. GRAHAM OF OCONEE COUNTY FOR HIS EXEMPLARY SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE OCCASION OF HIS RETIREMENT FROM THE HOUSE AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.
H. 5271 -- Reps. Davenport, Littlejohn, Beatty, D. Smith, Allison, Wells, Walker and Lanford: A CONCURRENT RESOLUTION TO EXPRESS SORROW UPON THE DEATH OF ROBERT H. CHAPMAN, SR., OF SPARTANBURG, SOUTH CAROLINA, TEXTILE INDUSTRY LEADER, AND EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 5272 -- Rep. Scott: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. ATHERINE T. DAVIS AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
H. 5273 -- Reps. J. Harris, Spearman, Jaskwhich, H. Brown, Rogers and Waites: A CONCURRENT RESOLUTION TO CONGRATULATE TRUSTUS THEATER FOR ITS EXTRAORDINARY ACCOMPLISHMENTS AND TRADITION OF EXCELLENCE AND WISH IT GREAT SUCCESS IN THE CAPITAL CAMPAIGN.
H. 5274 -- Reps. Hines, Govan, Inabinett, Neilson, Moody-Lawrence, White, Scott, Canty, Neal, Whipper, J. Brown, Byrd, Beatty, Davenport, Waites, Allison, Wells, Shissias, Rudnick, Meacham, Anderson, Kirsh, Gamble, A. Young, McMahand, Stuart, Huff and Harrelson: A CONCURRENT RESOLUTION SALUTING AFRICAN AMERICAN WOMEN FOR THEIR VALUABLE CONTRIBUTIONS TO THE DEVELOPMENT OF THIS STATE AND NATION.
H. 5275 -- Reps. Baxley, Neilson and Hines: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE ALBERT SEGARS FAMILY OF HARTSVILLE, SONOCO PRODUCTS COMPANY, LAKEVIEW CLUB, INC., MRS. KATHERINE SEGARS LEVEQUE, AND MRS. EVELYN BRITT FRANK FOR THEIR GENEROSITY IN DONATING A SUBSTANTIAL TRACT OF LAND IN DARLINGTON COUNTY TO THE HERITAGE TRUST PROGRAM.
H. 5276 -- Reps. Koon, Wright, Spearman, Stuart, Gamble, Riser and Sturkie: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEXINGTON HIGH SCHOOL WILDCATS VARSITY BASEBALL TEAM, THEIR HEAD COACH, TOMMY WILLIAMS, ASSISTANT COACH JONNY THOMPSON, PRINCIPAL JOE BEDENBAUGH, AND LEXINGTON DISTRICT I SUPERINTENDENT, DR. CHESTER FLOYD, FOR LEXINGTON'S CLASS AAAA STATE BASEBALL CHAMPIONSHIP AND TO RECOGNIZE THE DEDICATION, DRIVE, AND HARD WORK OF THIS FINE TEAM OF BASEBALL PLAYERS AND THEIR COACHES.
H. 5278 -- Reps. Boan and Hodges: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DEAN JOHN R. ARNOLD OF THE UNIVERSITY OF SOUTH CAROLINA-LANCASTER FOR HIS YEARS OF OUTSTANDING SERVICE TO THE CAUSE OF HIGHER EDUCATION ON THE OCCASION OF HIS RETIREMENT AND WISHING FOR HIM MANY HAPPY AND FULFILLING YEARS.
H. 5279 -- Reps. Mattos, M. O. Alexander, T. C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE BOYD ODELL "DELL" BAKER OF GREENVILLE COUNTY FOR HIS EXEMPLARY SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY AND THANKING HIM FOR HIS FRIENDSHIP.
H. 5280 -- Reps. Mattos, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE H. HOWELL CLYBORNE, JR., OF GREENVILLE COUNTY FOR HIS EXCELLENT PUBLIC SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, AND EXPRESSING APPRECIATION FOR HIS FRIENDSHIP.
H. 5281 -- Reps. Graham, M.O. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE THOMAS C. ALEXANDER OF OCONEE COUNTY, OUR DISTINGUISHED COLLEAGUE AND GOOD FRIEND, FOR HIS EXCELLENT AND DEDICATED PUBLIC SERVICE IN THE HOUSE OF REPRESENTATIVES AND WISHING HIM SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
At 9:15 P.M. the House in accordance with the motion of Rep. MARCHBANKS adjourned in memory of Mrs. Opal Lewis of Easley, to meet at 10:00 A.M. tomorrow.
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