South Carolina General Assembly
111th Session, 1995-1996
Journal of the Senate

WEDNESDAY, MAY 31, 1995

Wednesday, May 31, 1995
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, St. Paul exhorted the Ephesians in these words (6:17):

"Take the helmet of salvation,

and the sword of the Spirit, which

is the word of God."
Let us pray.

O God of Heaven and earth, who has more love for us than we have for You:

As we behold the ceremonial sword of our beloved Senate, the symbol of the power of the State, and the mace of the honorable House, the symbol of the authority of the people, help us to lift our eyes above these mundane symbols and these temporal realities.

Make us aware of the availability of another sword and another mace, the Sword of the Spirit of God and the Mace of the Law of God; that we may render not only obeisance but obedience to these, the ultimate realities of our mortal life, in the Name of the God of Moses and King David.

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

COMMUNICATION
M E M O R A N D U M

To:       Members of the Senate
From:     Members of the House of Representatives and the Senate representing the Second Congressional District
Re:       Reelection of J. McCauley Bennett to the Coastal Zone Management Appellate Panel
Date:     May 31, 1995

Attached please find a letter signed by the members of the House of Representatives and of the Senate who represent the counties in the state's Second Congressional District. Pursuant to the provisions of Section 48-39-40, Code of Laws of South Carolina, as amended, we have reelected J. McCauley Bennett of Columbia, S.C., to serve as Second Congressional District member of the Coastal Zone Management Appellate Panel for a term of four years.

STATE OF SOUTH CAROLINA
THE SENATE

May 30, 1995

To Whom It May Concern:

Pursuant to the provisions of Section 48-39-40, Code of Laws of South Carolina, as amended, the members of the House of Representatives and of the Senate who represent the counties in the state's Second Congressional District have by majority vote reelected J. McCauley Bennett of Columbia, S.C., to serve as Second Congressional District member of the Coastal Zone Management Appellate Panel for a term of four years.

Respectfully submitted,

FOR THE SENATE:
/s/Holly A. Cork   /s/John E. Courson
/s/Warren K. Giese   /s/Darrell Jackson
/s/James A. Lander   /s/John W. Matthews, Jr.
/s/William Clarence Mescher   /s/Kay Patterson
/s/W. Greg Ryberg   /s/Nikki G. Setzler
/s/McKinley Washington, Jr.   /s/Marshall B. Williams
/s/Addison G. "Joe" Wilson

FOR THE HOUSE OF REPRESENTATIVES:
/s/Wilbur L. Cave   /s/William F. "Bill" Cotty
/s/James L. Mann Cromer, Jr.   /s/John G. Felder
/s/Margaret J. Gamble   /s/James H. Harrison
/s/William D. "Billy" Keyserling   /s/John M. "Jake" Knotts
/s/Larry L. Koon   /s/Walter P. Lloyd
/s/Douglas E. McTeer, Jr.   /s/Richard M. Quinn, Jr.
/s/Scott H. Richardson   /s/John W. "Bill" Riser
/s/Timothy F. Rogers   /s/Charles R. Sharpe
/s/June S. Shissias   /s/Elsie Rast Stuart
/s/Juanita M. White   /s/David A. Wright

Presentation of Service Pins

In commemoration of continuous service with the State of South Carolina, Senator WILLIAMS, President Pro Tempore of the Senate, presented certificates and awarded service pins to the following Senators for their respective years of service:

James E. Bryan, Jr.         10 years

John E. Courson         10 years

Robert W. Hayes, Jr.       10 years

David L. Thomas         10 years

Addison Graves Wilson       10 years

John W. Matthews, Jr.       20 years

Kay Patterson           20 years

McKinley Washington, Jr.       20 years

John Drummond           30 years

Senator WILLIAMS presented certificates and awarded service pins to the following Senate staff commemorating their respective years of state service:

Amy Alexander           10 years

Michael N. Couick         10 years

Charles R. McGirt         10 years

Robert E. Merritt         10 years

Mary Lou Price           10 years

Barbara N. Satterwhite       10 years

William Hogan Brown         10 years

Vanessa E. Collier         10 years

Frances Alicia Eatmon       10 years

Debra D. Hammond         10 years

Susan S. Musser         10 years

Claire H. Prince         10 years

Frank A. Rainwater         10 years

Abla Shamkhani           10 years

Sherrilyn Lee Teed         10 years

Kenneth L. Tisdale         10 years

Agnes H. Walker         10 years

Susan B. DeWitt         20 years

Lucinda M. Shirley         20 years

Rebecca K. Gunter         20 years

Kathie L. Parker         20 years

Rosemary S. Smith         20 years

Roger W. Beaver         20 years

Frank B. Caggiano         20 years

Susan K. Coleman         20 years

Betty S. Graham         20 years

Hazel A. Johnson         20 years

Mary Frances Newnham       20 years

Dorothy F. Miller         40 years

All were highly commended for their devoted and loyal service.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.

The House returned the Bill with amendments.

Senators STILWELL, RICHTER and LEVENTIS proposed the following amendment (JUD0101.005), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION 1. Section 22-3-550 of the 1976 Code, as last amended by Section 28, Part II, Act 570 of 1994, is further amended to read:

"Section 22-3-550. Magistrates have jurisdiction of all offenses which may be subject to the penalties of a fine or forfeiture not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or both. and may impose any sentence within those limits, singly or in the alternative. In addition, a magistrate may order restitution he considers appropriate.

However, a magistrate shall not have the power to sentence any person to consecutive terms of imprisonment totaling more than ninety days except for convictions resulting from violations of Chapter 11 of Title 34, pertaining to fraudulent checks, or violations of Section 16-13-110, relating to shoplifting. Further, a magistrate must specify an amount of restitution in damages at the time of sentencing as an alternative to any imprisonment of more than ninety days which is lawfully imposed. The provisions of this paragraph do not effect affect the transfer of criminal matters from the general sessions court made pursuant to Section 22-3-545."

SECTION 2. Section 34-11-70 of the 1976 Code is amended to read:

"Section 34-11-70. (a) When a check, a draft, or other written order is not paid by the drawee because the maker or drawer did not have an account with or sufficient funds on deposit with the bank or the person upon which it was drawn when presented or the draft, check, or other written order has an incorrect or insufficient signature on it, and the maker or drawer does not pay the amount due on it, together with a service charge of twenty twenty-five dollars, within ten days after written notice has been sent by certified mail to the address printed on the check or given at the time it is tendered or provided on a check-cashing identification card stating that payment was refused upon the instrument, then it constitutes prima facie evidence of fraudulent intent against the maker. Service charges collected pursuant to this section must be paid to the payee of the instrument.

(1) For purposes of subsection (a), notice must be given by mailing the notice with postage prepaid addressed to the person at the address as printed or written on the instrument. The giving of notice by mail is complete upon the expiration of ten days after the deposit of the notice in the mail. A certificate by the payee that the notice has been sent as required by this section is presumptive proof that the requirements as to notice have been met, regardless of the fact that the notice actually might not have been received by the addressee. The form of notice must be substantially as follows:

You are notified that a check or instrument, numbered ____, issued by you on ____ (date), drawn upon ____ (name of bank), and payable to ____, has been dishonored. Pursuant to South Carolina law, you have ten days from the date this notice was mailed to tender payment of the full amount of the check or instrument plus a service charge of twenty twenty-five dollars, the total amount due being __ dollars and ___ cents. Unless this amount is paid in full within the specified time above, the holder of the check or instrument may turn over the dishonored check or instrument and all other available information relating to this incident to the solicitor or other appropriate officer for criminal prosecution.

(2)When a person instituting prosecution gives notice in substantially similar form provided in item (1) to the person and the bank upon which the instrument was drawn and waits ten days from the date notice is mailed before instituting the criminal proceedings, there arises a presumption that the prosecution was instituted for reasonable and probable cause, and the person instituting prosecution is immune from civil liability for the giving of the notice.

(3) A service charge of not more than twenty twenty-five dollars is payable by the drawer of a draft, a check, or other written order to the payee of the instrument when the draft, check, or other written order is presented for payment in whole or in part of a then existing debt, including, but not limited to, consumer credit transactions, and is dishonored. This service charge is solely to compensate the payee of the instrument for incurred expenses in processing the dishonored instrument and is not related to a presumption of fraud so that it is not necessary to issue the notice to the person at the address as printed on the instrument set forth in items (1) and (2).

(b) Any court, including magistrate's, may dismiss a case under the provisions of this chapter for want of prosecution. When any prosecutions are initiated under this chapter, the party applying for the warrant is held liable for all reasonable administrative costs accruing not to exceed twenty dollars if the case is dismissed for want of prosecution. Unless waived by the court, the party applying for the warrant shall notify, orally or otherwise, the court not less than twenty-four hours before the date and time set for trial that full restitution has been made in connection with the warrant, and the notification relieves that party of the responsibility of prosecution.

(c) Any court, including magistrate's, may dismiss any prosecution initiated pursuant to the provisions of this chapter on satisfactory proof of restitution and payment by the defendant of all administrative costs accruing not to exceed twenty dollars submitted before the date set for trial after the issuance of a warrant.

(d) For purposes of this chapter, subsequent persons receiving a check, draft, or other written order by endorsement from the original payee or a successor endorsee have the same rights that the original payee has against the maker of the instrument, if the maker of the instrument has the same defenses against subsequent persons as he may have had against the original payee. However, the remedies available under this chapter may be exercised only by one party in interest."

SECTION 3. Section 56-5-765 of the 1976 Code, as added by Act 439 of 1994, is amended to read:

"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 that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, 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 that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, 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 motor vehicle or an employee of that department or agency is involved that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved."

SECTION 4. This act takes effect upon approval by the Governor. /.

Amend title to conform.

Senator STILWELL explained the amendment.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

S. 842 -- Senator Saleeby: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE THE MAP REFERENCE WHICH DEFINES THE LINES OF THESE VOTING PRECINCTS, DELETE ARCHAIC REFERENCES AND PROVIDE THAT POLLING PLACES BE DETERMINED BY THE DARLINGTON COUNTY BOARD OF ELECTIONS AND REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE DARLINGTON COUNTY LEGISLATIVE DELEGATION.

The House returned the Bill with amendments.

Senator SALEEBY proposed the following amendment (842R001.EES), which was adopted:

Amend the bill, as and if amended, page 1, Section 7-7-210 as contained in SECTION 1, lines 38 and 39, by striking /Mont Clare;/ and inserting:

/ Mont Clare; /

Amend title to conform.

Senator SALEEBY explained the amendment.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

Message from the House

Columbia, S.C., May 30, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Cato, Gamble and Neal of the Committee of Free Conference on the part of the House on:
S. 602 -- Senators Short, Jackson, Gregory and Giese: A BILL TO AMEND SECTION 34-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS AND REPORTS OF RESTRICTED LENDERS, BY ADDING INFORMATION REQUIRED TO BE REPORTED IN THE ANNUAL REPORT MADE BY RESTRICTED LENDERS; TO AMEND SECTION 34-29-140 OF THE 1976 CODE, RELATING TO CHARGES PERMITTED TO RESTRICTED LENDERS, SO AS TO REVISE THE FINANCE CHARGES AND TO PROVIDE LIMITATIONS ON LOAN RENEWALS; TO AMEND SECTION 37-1-301 OF THE 1976 CODE, RELATING TO DEFINITIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO ADD A DEFINITION FOR "DEBT COLLECTOR"; TO AMEND SECTION 37-1-303 OF THE 1976 CODE, RELATING TO THE INDEX OF DEFINITIONS IN TITLE 37, SO AS TO ADD "DEBT COLLECTOR"; TO AMEND SECTION 37-3-201 OF THE 1976 CODE, RELATING TO LOAN FINANCE CHARGES FOR SUPERVISED LOANS, SO AS TO PROVIDE THAT SUPERVISED LOANS NOT EXCEEDING SIX HUNDRED DOLLARS SHALL BE MADE IN ACCORDANCE WITH SECTION 34-29-140 RELATING TO FINANCE CHARGES FOR RESTRICTED LOANS; TO AMEND SECTION 37-3-305 OF THE 1976 CODE, RELATING TO THE POSTING AND FILING OF MAXIMUM RATE SCHEDULES BY SUPERVISED LENDERS, SO AS TO PROVIDE THAT FOR LOANS NOT EXCEEDING SIX HUNDRED DOLLARS, A RATE MAY NOT BE POSTED WHICH EXCEEDS THE CHARGES IMPOSED IN SECTION 34-29-140; TO AMEND SECTION 37-3-505 OF THE 1976 CODE, RELATING TO RECORDS AND ANNUAL REPORTS FOR SUPERVISED LENDERS, SO AS TO ADD INFORMATION REQUIRED TO BE INCLUDED IN THE ANNUAL REPORT OF SUPERVISED LENDERS; TO AMEND PART 5, CHAPTER 3, TITLE 37 OF THE 1976 CODE, BY ADDING SECTION 37-3-515 SO AS TO PROVIDE A LIMITATION ON LOAN RENEWALS; TO AMEND SECTION 37-5-108 OF THE 1976 CODE, RELATING TO UNCONSCIONABILITY UNDER THE CONSUMER PROTECTION CODE, BY ADDING PARTICULAR CIRCUMSTANCES WHICH CONSTITUTE UNCONSCIONABILITY AND PROVIDING REMEDIES; TO AMEND SECTION 37-6-117 OF THE 1976 CODE, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES OF THE ADMINISTRATION OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO REQUIRE THE ADMINISTRATION TO DEVISE A PAMPHLET FOR DISTRIBUTION TO CERTAIN CONSUMERS INFORMING THEM OF THEIR RIGHTS; AND TO AMEND SECTION 37-9-102 OF THE 1976 CODE, RELATING TO THE LICENSURE ELECTION, SO AS TO PROVIDE THAT CERTAIN SUPERVISED LENDERS MAY ELECT TO BE RESTRICTED LENDERS.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 30, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on the following Bill:
S. 602 -- Senators Short, Jackson, Gregory and Giese: A BILL TO AMEND SECTION 34-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS AND REPORTS OF RESTRICTED LENDERS, BY ADDING INFORMATION REQUIRED TO BE REPORTED IN THE ANNUAL REPORT MADE BY RESTRICTED LENDERS; TO AMEND SECTION 34-29-140 OF THE 1976 CODE, RELATING TO CHARGES PERMITTED TO RESTRICTED LENDERS, SO AS TO REVISE THE FINANCE CHARGES AND TO PROVIDE LIMITATIONS ON LOAN RENEWALS; TO AMEND SECTION 37-1-301 OF THE 1976 CODE, RELATING TO DEFINITIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO ADD A DEFINITION FOR "DEBT COLLECTOR"; TO AMEND SECTION 37-1-303 OF THE 1976 CODE, RELATING TO THE INDEX OF DEFINITIONS IN TITLE 37, SO AS TO ADD "DEBT COLLECTOR"; TO AMEND SECTION 37-3-201 OF THE 1976 CODE, RELATING TO LOAN FINANCE CHARGES FOR SUPERVISED LOANS, SO AS TO PROVIDE THAT SUPERVISED LOANS NOT EXCEEDING SIX HUNDRED DOLLARS SHALL BE MADE IN ACCORDANCE WITH SECTION 34-29-140 RELATING TO FINANCE CHARGES FOR RESTRICTED LOANS; TO AMEND SECTION 37-3-305 OF THE 1976 CODE, RELATING TO THE POSTING AND FILING OF MAXIMUM RATE SCHEDULES BY SUPERVISED LENDERS, SO AS TO PROVIDE THAT FOR LOANS NOT EXCEEDING SIX HUNDRED DOLLARS, A RATE MAY NOT BE POSTED WHICH EXCEEDS THE CHARGES IMPOSED IN SECTION 34-29-140; TO AMEND SECTION 37-3-505 OF THE 1976 CODE, RELATING TO RECORDS AND ANNUAL REPORTS FOR SUPERVISED LENDERS, SO AS TO ADD INFORMATION REQUIRED TO BE INCLUDED IN THE ANNUAL REPORT OF SUPERVISED LENDERS; TO AMEND PART 5, CHAPTER 3, TITLE 37 OF THE 1976 CODE, BY ADDING SECTION 37-3-515 SO AS TO PROVIDE A LIMITATION ON LOAN RENEWALS; TO AMEND SECTION 37-5-108 OF THE 1976 CODE, RELATING TO UNCONSCIONABILITY UNDER THE CONSUMER PROTECTION CODE, BY ADDING PARTICULAR CIRCUMSTANCES WHICH CONSTITUTE UNCONSCIONABILITY AND PROVIDING REMEDIES; TO AMEND SECTION 37-6-117 OF THE 1976 CODE, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES OF THE ADMINISTRATION OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO REQUIRE THE ADMINISTRATION TO DEVISE A PAMPHLET FOR DISTRIBUTION TO CERTAIN CONSUMERS INFORMING THEM OF THEIR RIGHTS; AND TO AMEND SECTION 37-9-102 OF THE 1976 CODE, RELATING TO THE LICENSURE ELECTION, SO AS TO PROVIDE THAT CERTAIN SUPERVISED LENDERS MAY ELECT TO BE RESTRICTED LENDERS.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 30, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill and has ordered the Bill Enrolled for Ratification:
H. 3037 -- Reps. Kirsh, Simrill, Meacham, S. Whipper, Stille, Walker, Sandifer, Cain, Whatley, Shissias, Riser and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS CERTAIN DRUG AND ALCOHOL-RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 30, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that 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:
H. 3037 -- Reps. Kirsh, Simrill, Meacham, S. Whipper, Stille, Walker, Sandifer, Cain, Whatley, Shissias, Riser and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS CERTAIN DRUG AND ALCOHOL-RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 30, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Reps. Martin, Harrison and Limbaugh of the Committee of Free Conference on the part of the House on:
H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 30, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on the following Bill:
H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.
Very respectfully,
Speaker of the House

Received as information.

H. 3096--REPORT OF THE
COMMITTEE OF FREE CONFERENCE ADOPTED

H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.

On motion of Senator HOLLAND, with unanimous consent, the Report of the Committee of Free Conference was taken up for immediate consideration.

Senator HOLLAND spoke on the report.

Senator PATTERSON argued contra to the adoption of the report.

Senator RICHTER spoke on the report.

Senators BRYAN and WASHINGTON argued contra to the adoption of the report.

Senator HOLLAND moved that the Report of the Committee of Free Conference be adopted.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 40; Nays 6

AYES

Alexander                 Boan                      Cork
Courson                   Courtney                  Drummond
Elliott                   Giese                     Gregory
Hayes                     Holland                   Jackson
Land                      Lander                    Leatherman
Leventis                  Martin                    McConnell
McGill                    Mescher                   Moore
O'Dell*                   Passailaigue              Peeler
Rankin                    Reese                     Richter
Rose                      Russell                   Ryberg
Saleeby                   Setzler                   Short
Smith, G.                 Smith, J.V.               Stilwell
Thomas                    Waldrep                   Williams
Wilson                    

TOTAL--40

NAYS

Bryan                     Ford                      Glover
Matthews                  Patterson                 Washington

TOTAL--6

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The Report of the Committee of Free Conference to H. 3096 was adopted as follows:

H. 3096--Free Conference Report
The General Assembly, Columbia, S.C., May 30, 1995

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.
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.   The 1976 Code is amended by adding:

"Section 24-13-100.   For purposes of definition under South Carolina law, a 'no parole offense' means a class A, B, or C felony or an offense exempt from classification as enumerated in Section 16-1-10(d), which is punishable by a maximum term of imprisonment for twenty years or more.

SECTION   2.   The 1976 Code is amended by adding:

"Section 24-13-125.   (A) Notwithstanding any other provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, a prisoner convicted of a 'no parole offense', as defined in Section 24-13-100, and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is not eligible for work release until the prisoner has served not less than eighty percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from participating in work release by another provision of law to be eligible for work release.

(B)   If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold credits is solely the responsibility of officials named in this subsection."

SECTION   3.   The 1976 Code is amended by adding:

"Section 24-13-150.   (A)   Notwithstanding any other provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, a prisoner convicted of a 'no parole offense' as defined in Section 24-13-100 and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is not eligible for early release, discharge, or community supervision as provided in Section 24-21-560, until the prisoner has served at least eighty-five percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from participating in work release, early release, discharge, or community supervision by another provision of law to be eligible for work release, early release, discharge, or community supervision.

(B)   If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold credits is solely the responsibility of officials named in this subsection."

SECTION   4.   The 1976 Code is amended by adding:

"Section 24-13-175.   Notwithstanding any other provision of law, sentences imposed and time served must be computed based upon a three hundred and sixty-five day year."

SECTION   5.   The 1976 Code is amended by adding:

"Section 24-21-560.   (A)   Notwithstanding any other provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, any sentence for a 'no parole offense' as defined in Section 24-13-100 must include any term of incarceration and completion of a community supervision program operated by the Department of Probation, Parole and Pardon Services. No prisoner who is serving a sentence for a 'no parole offense' is eligible to participate in a community supervision program until he has served the minimum period of incarceration as set forth in Section 24-13-150. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from early release, discharge, or work release by any other provision of law to be eligible for early release, discharge, or work release.

(B)   A community supervision program operated by the Department of Probation, Parole and Pardon Services must last no more than two continuous years. The period of time a prisoner is required to participate in a community supervision program and the individual terms and conditions of a prisoner's participation shall be at the discretion of the department based upon guidelines developed by the director. A prisoner participating in a community supervision program must be supervised by a probation agent of the department. The department must determine when a prisoner completes a community supervision program, violates a term of community supervision, fails to participate in a program satisfactorily, or whether a prisoner should appear before the court for revocation of the community supervision program.

(C)   If the department determines that a prisoner has violated a term of the community supervision program and the community supervision should be revoked, a probation agent must initiate a proceeding in General Sessions Court. 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. The court shall determine whether:

(1)   the terms of the community supervision program are fair and reasonable;

(2)   the prisoner has complied with the terms of the community supervision program;

(3)   the prisoner should continue in the community supervision program under the current terms;

(4)   the prisoner should continue in the community supervision program under other terms and conditions as the court considers appropriate;

(5)   the prisoner has wilfully violated a term of the community supervision program.

If the court determines that a prisoner has wilfully violated a term or condition of the community supervision program, the court may impose any other terms or conditions considered appropriate and may continue the prisoner on community supervision, or the court may revoke the prisoner's community supervision and impose a sentence of up to one year for violation of the community supervision program. A prisoner who is incarcerated for revocation of the community supervision program is not eligible to earn any type of credits which would reduce the sentence for violation of the community supervision program.

(D)   If a prisoner's community supervision is revoked by the court and the court imposes a period of incarceration for the revocation, the prisoner also must complete a community supervision program of up to two years as determined by the department pursuant to subsection (B) when he is released from incarceration.

A prisoner who is sentenced for successive revocations of the community supervision program may be required to serve terms of incarceration for successive revocations, as provided in Section 24-21-560(C), and may be required to serve additional periods of community supervision for successive revocations, as provided in Section 24-21-560(D). The maximum aggregate amount of time the prisoner may be required to serve when sentenced for successive revocations may not exceed an amount of time equal to the length of incarceration imposed for the original 'no parole offense.' The original term of incarceration does not include any portion of a suspended sentence.

If a prisoner's community supervision is revoked due to a conviction for another offense, the prisoner must complete a community supervision program of up to two continuous years as determined by the department after the prisoner has completed the service of the sentence for the community supervision revocation and any other term of imprisonment which may have been imposed for the criminal offense, except when the subsequent sentence is death or life imprisonment.

(E)   A prisoner who successfully completes a community supervision program pursuant to this section has satisfied his sentence and must be discharged from his sentence.

(F)   The Department of Corrections must notify the Department of Probation, Parole and Pardon Services of the projected release date of any inmate serving a sentence for a 'no parole offense' one hundred eighty days in advance of his release to community supervision. For an offender sentenced to one hundred eighty days or less, the Department of Corrections immediately must notify the Department of Probation, Parole and Pardon Services.

(G)   Victims registered pursuant to Section 16-3-1530(c) and the sheriff's office in the county where a prisoner sentenced for a 'no parole offense' is to be released must be notified by the Department of Probation, Parole and Pardon Services when the prisoner is released to a community supervision program."

SECTION   6.   Section 1-30-10(A)15 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"15.   Department of Probation, Pardon and Parole and Pardon Services".

SECTION   7.   Section 1-30-10(F)(2)(iii) of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"(iii)   Department of Probation, Pardon and Parole and Pardon Services created pursuant to Section 1-30-85 by the director of the former Department of Probation, Pardon and Parole;"

SECTION   8.   Section 1-30-85 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"Section 1-30-85.   Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall must be administered as part of the Department of Probation, Pardon and Parole and Pardon Services:

Department of Probation, Pardon and Parole, formerly provided for at Section 24-21-10, et seq."

SECTION   9.   Section 16-1-60 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

"Section 16-1-60.   For purposes of definition under South Carolina law a violent crime includes the offenses of murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); drug trafficking as defined in Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-110(A)); burglary in the first degree (Section 16-11-311); and burglary in the second degree (Section 16-11-312(B)),; engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); accessory before the fact to commit any of the above offenses (Section 16-1-40); and attempt to commit any of the above offenses (Section 16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses."

SECTION   10.   Section 16-3-20 of the 1976 Code, as last amended by Act 488 of 1992, is further amended to read:

"Section 16-3-20.   (A)   A person who is convicted of or pleads guilty to murder must be punished by death, or by imprisonment for life, and is not eligible for parole until the service of twenty years; provided, however, that when or by a mandatory minimum term of imprisonment for thirty years. If the State seeks the death penalty and an a statutory aggravating circumstance is specifically found beyond a reasonable doubt pursuant to subsections (B) and (C), and a recommendation of death is not made, the court trial judge must impose a sentence of life imprisonment without eligibility for parole until the service of thirty years. For purposes of this section, 'life imprisonment' means until death of the offender. No person sentenced to life imprisonment pursuant to this section is eligible for parole, community supervision, or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory life imprisonment required by this section. No person sentenced to a mandatory minimum term of imprisonment for thirty years pursuant to this section is eligible for parole or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory minimum term of imprisonment for thirty years required by this section. Provided, further, that under Under no circumstances may a female who is pregnant with child be executed so long as she is in that condition pregnant or for a period of at least nine months after she is no longer pregnant. When the Governor commutes a sentence of death to life imprisonment under the provisions of Section 14 of Article IV of the Constitution of South Carolina, 1895, the commutee is not eligible for parole., community supervision, or any early release program, nor is the No person sentenced under the provisions of this subsection may eligible to receive any work release credits, good time conduct credits, education credits, or any other credit credits that would reduce the mandatory imprisonment required by this subsection.

(B)   When the State seeks the death penalty, Upon upon conviction or adjudication of guilt of a defendant of murder, the court shall conduct a separate sentencing proceeding. In the proceeding, if a statutory aggravating circumstance is found, the defendant must be sentenced to either death or life imprisonment. If no statutory aggravating circumstance is found, the defendant must be sentenced to either life imprisonment or a mandatory minimum term of imprisonment for thirty years. to determine whether the defendant should be sentenced to death or life imprisonment. The proceeding shall must be conducted by the trial judge before the trial jury as soon as practicable after the lapse of twenty-four hours unless waived by the defendant. If trial by jury has been waived by the defendant and the State, or if the defendant pleaded guilty, the sentencing proceeding shall must be conducted before the court judge. In the sentencing proceeding, the jury or judge shall hear additional evidence in extenuation, mitigation, or aggravation of the punishment. Only such evidence in aggravation as the State has made known to informed the defendant in writing prior to before the trial shall be is admissible. This section shall must not be construed to authorize the introduction of any evidence secured in violation of the Constitutions of the United States or the State of South Carolina or the applicable laws of either. The State, the defendant, and his counsel shall be are permitted to present arguments for or against the sentence to be imposed. The defendant and his counsel shall have the closing argument regarding the sentence to be imposed.

(C)   The judge shall consider, or he shall include in his instructions to the jury for it to consider, any mitigating circumstances otherwise authorized or allowed by law and any of the following statutory aggravating and mitigating circumstances which may be supported by the evidence:

(a)   Aggravating Statutory aggravating circumstances:

(1)   The murder was committed while in the commission of the following crimes or acts:

(a)   criminal sexual conduct in any degree;

(b)   kidnapping;

(c)   burglary in any degree;

(d)   robbery while armed with a deadly weapon;

(e)   larceny with use of a deadly weapon;

(f)   killing by poison;

(g)   drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445; or

(h)   physical torture.; or

(i)   dismemberment of a person.

(2)   The murder was committed by a person with a prior conviction for murder.

(3)   The offender by his act of murder knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which normally would be hazardous to the lives of more than one person.

(4)   The offender committed the murder for himself or another for the purpose of receiving money or a thing of monetary value.

(5)   The murder of a judicial officer, former judicial officer, solicitor, former solicitor, or other officer of the court during or because of the exercise of his official duty.

(6)   The offender caused or directed another to commit murder or committed murder as an agent or employee of another person.

(7)   The murder of a federal, state, or local law enforcement officer, peace officer or former peace officer, corrections employee or former corrections employee, or fireman or former fireman during or because of the performance of his official duties.

(8)   The murder of a family member of an official listed in subitems (5) and (7) above with the intent to impede or retaliate against the official. 'Family member' means a spouse, parent, brother, sister, child, or person to whom the official stands in the place of a parent, or a person living in the official's household and related to him by blood or marriage.

(9)   Two or more persons were murdered by the defendant by one act or pursuant to one scheme or course of conduct.

(10)   The murder of a child eleven years of age or under.

(b)   Mitigating circumstances:

(1)   The defendant has no significant history of prior criminal conviction involving the use of violence against another person.

(2)   The murder was committed while the defendant was under the influence of mental or emotional disturbance.

(3)   The victim was a participant in the defendant's conduct or consented to the act.

(4)   The defendant was an accomplice in the murder committed by another person and his participation was relatively minor.

(5)   The defendant acted under duress or under the domination of another person.

(6)   The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired.

(7)   The age or mentality of the defendant at the time of the crime.

(8)   The defendant was provoked by the victim into committing the murder.

(9)   The defendant was below the age of eighteen at the time of the crime.

(10)   The defendant had mental retardation at the time of the crime. 'Mental retardation' means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.

The statutory instructions as to statutory aggravating and mitigating circumstances shall must be given in charge and in writing to the jury for its deliberation. The jury, if its verdict be is a recommendation of death, shall designate in writing, and signed by all members of the jury, the statutory aggravating circumstance or circumstances which it found beyond a reasonable doubt. The jury, if it does not recommend death, after finding an a statutory aggravating circumstance or circumstances beyond a reasonable doubt, shall designate, in writing, and signed by all members of the jury, designate the statutory aggravating circumstance or circumstances it found beyond a reasonable doubt. In nonjury cases the judge shall make such the designation of the statutory aggravating circumstance or circumstances. Unless at least one of the statutory aggravating circumstances enumerated in this section is so found, the death penalty shall must not be imposed.

Where a statutory aggravating circumstance is found and a recommendation of death is made, the court trial judge shall sentence the defendant to death. The trial judge, prior to before imposing the death penalty, shall find as an affirmative fact that the death penalty was warranted under the evidence of the case and was not a result of prejudice, passion, or any other arbitrary factor. Where a statutory aggravating circumstance is found and a sentence of death is not recommended by the jury, the court trial judge shall sentence the defendant to life imprisonment as provided in subsection (A). In the event that all members of the jury after a reasonable deliberation cannot agree on a recommendation as to whether or not the death sentence should be imposed on a defendant found guilty of murder, the trial judge shall dismiss such jury and shall sentence the defendant to life imprisonment as provided in subsection (A). Before dismissing the jury, the trial judge shall question the jury as to whether or not it found an aggravating circumstance or circumstances beyond a reasonable doubt. If the jury has found an aggravating circumstance or circumstances beyond a reasonable doubt, the jury shall designate this finding, in writing, signed by all the members of the jury. The jury shall not recommend the death penalty if the vote for such penalty is not unanimous as provided. Before dismissing the jury, the trial judge shall question the jury as to whether or not it found a statutory aggravating circumstance or circumstances beyond a reasonable doubt. If the jury does not unanimously find any statutory aggravating circumstances or circumstances beyond a reasonable doubt, it shall not make a sentencing recommendation. Where a statutory aggravating circumstance is not found, the trial judge shall sentence the defendant to either life imprisonment or a mandatory minimum term of imprisonment for thirty years. No person sentenced to life imprisonment or a mandatory minimum term of imprisonment for thirty years under this section is eligible for parole or to receive any work credits, good conduct credits, education credits, or any other credits that would reduce the sentence required by this section. If the jury has found a statutory aggravating circumstance or circumstances beyond a reasonable doubt, the jury shall designate this finding, in writing, signed by all the members of the jury. The jury shall not recommend the death penalty if the vote for such penalty is not unanimous as provided. If members of the jury after a reasonable deliberation cannot agree on a recommendation as to whether or not the death sentence should be imposed on a defendant found guilty of murder, the trial judge shall dismiss such jury and shall sentence the defendant to life imprisonment as provided in subsection (A).

(D)   Notwithstanding the provisions of Section 14-7-1020, in cases involving capital punishment any a person called as a juror shall must be examined by the attorney for the defense.

(E)   In every a criminal action in which a defendant is charged with a crime which may be punishable by death, a person may not be disqualified, excused, or excluded from service as a juror therein by reason of his beliefs or attitudes against capital punishment unless such beliefs or attitudes would render him unable to return a verdict according to law."

SECTION   11.   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 not more than ten nor less than two years. No sentence imposed hereunder for a first offense shall 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 under this section for a second or subsequent offense shall have such the sentence suspended to less than two years nor shall such the 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 any instrument which can be used to inflict deadly force.

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   12.   Section 16-3-1180(C) of the 1976 Code is amended to read:

"(C)   The aggregate of award to and on behalf of victims may not exceed ten thousand dollars unless the Crime Victim's Advisory Board, by two-thirds vote, and the director concur that extraordinary circumstances exist. In such case, the award may not exceed twenty-five thousand dollars."

SECTION   13.   Section 16-3-1260 of the 1976 Code is amended to read:

"Section 16-3-1260.   (1)   Any A payment of benefits to, or on behalf of, a victim or intervenor, or eligible family member under this article shall create creates a debt due and owing to the State by any a person found in 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 Probation, Parole and Community Corrections Pardon Services shall also have the right to make payment of the debt or a portion of the debt to the State a condition of parole or community supervision.

(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)   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 Department of Juvenile Justice, the South Carolina Office of Court Administration, the Department of Probation, Parole and Pardon Services, and the South Carolina Board of Probation, Parole and Community Corrections Pardon Services to assure that victim restitution programs are administered in an effective manner to increase payments into the Compensation Fund State Office of Victim Assistance.

(6)   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 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   14.   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 A victim or witness who wish wishes to receive notification and information shall provide the solicitor, the Department of Corrections, and the Department of Probation, Parole and Pardon Services their his current address and telephone number. This information, as it is contained in Department of Corrections and Department of Probation, Parole and Pardon Services 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 and the Department of Corrections."

SECTION   15.   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   16.   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 where 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, the Department of Probation, Parole and Pardon Services, and to the Probation, Parole and Community Corrections Pardon Services Board. Solicitors shall begin using these victim impact statements no later than January 1, 1985."

SECTION   17.   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. For purposes of this section, 'life' means until death. 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   18.   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 prior conviction only if the date of the commission of the second or subsequent crime occurred subsequent to the imposition of the sentence for that prior offense.

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)   Notwithstanding any other provision of law, except in cases in which the death penalty is imposed, upon a conviction for a most serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has one or more prior convictions for:

(1)   a most serious offense;

(2)   a federal or out-of-state conviction for an offense that would be classified as a most serious offense under this section; or

(3)   any combination of the offenses listed in items (1) and (2) above.

(B)   Notwithstanding any other provision of law, except in cases in which the death penalty is imposed, upon a conviction for a serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has two or more prior convictions for:

(1)   a serious offense;

(2)   a most serious offense;

(3)   a federal or out-of-state offense that would be classified as a serious offense or most serious offense under this section; or

(4)   any combination of the offenses listed in items (1), (2), and (3) above.

(C)   As used in this section:

(1)   'Most serious offense' means:

16-1-40       Accessory, for any offense enumerated in this item

16-1-80       Attempt, for any offense enumerated in this item

16-3-10       Murder

16-3-30       Killing by poison

16-3-40       Killing by stabbing or thrusting

16-3-50       Voluntary manslaughter

16-3-85(A)(1)   Homicide by child abuse

16-3-85(A)(2)   Aiding and abetting homicide by child abuse

16-3-210       Lynching, First degree

16-3-430       Killing in a duel

16-3-620       Assault and battery with intent to kill

16-3-652       Criminal sexual conduct, First degree

16-3-653       Criminal sexual conduct, Second degree

16-3-655       Criminal sexual conduct with minors, except where evidence is presented at the criminal proceeding and the court, after the conviction, makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct where the victim was younger than the actor, as contained in Section 16-3-655(3)

16-3-656       Assault with intent to commit criminal sexual conduct, First and Second degree

16-3-910       Kidnapping

16-3-920       Conspiracy to commit kidnapping

16-11-110(A)   Arson, First degree

16-11-311     Burglary, First degree

16-11-330(A)   Armed robbery

16-11-330(B)   Attempted armed robbery

16-11-540     Damaging or destroying building, vehicle, or other property by means of explosive incendiary, death results

25-7-30       Giving information respecting national or state defense to foreign contacts during war

25-7-40       Gathering information for an enemy

55-1-30(3)     Unlawful removing or damaging of airport facility or equipment when death results

56-5-1030     Interference with traffic-control devices or

(B)(3)         railroad signs or signals prohibited when death results from violation

58-17-4090     Obstruction of railroad, death results.

(2)   'Serious offense' means:

(a)   any offense which is punishable by a maximum term of imprisonment for thirty years or more which is not referenced in subsection (C)(1);

(b)   those felonies enumerated as follows:

16-3-220       Lynching, second degree

16-3-810       Engaging child for sexual performance

16-9-220       Acceptance of bribes by officers

16-9-290       Accepting bribes for purpose of procuring public office

16-11-312(B)   Burglary, Second degree

16-13-210(1)   Embezzlement of public funds

16-13-230     Breach of trust with fraudulent intent

(B)(3)

16-13-240(1)   Obtaining signature or property by false pretenses

38-55-540(3)   Insurance fraud

44-53-370(e)   Trafficking in controlled substances

44-53-375(C)   Trafficking in ice, crank, or crack cocaine

44-53-445     Distribute, sell, manufacture, or possess

(B)(1) & (2)   with intent to distribute controlled substances within proximity of school

56-5-2945     Causing death by operating vehicle while under influence of drugs or alcohol; and

(c)   the offenses enumerated below:

16-1-40       Accessory before the fact for any of the offenses listed in subitems (a) and (b)

16-1-80       Attempt to commit any of the offenses listed in subitems (a) and (b).

(3)   'Conviction' means any conviction, guilty plea, or plea of nolo contendere.

(D)   Except as provided in subsection (E), no person sentenced pursuant to this section shall be eligible for early release or discharge in any form, whether by parole, work release, release to ameliorate prison overcrowding, or any other early release program, nor shall they be eligible for earned work credits, education credits, good conduct credits, or any similar program for early release.

(E)   For the purpose of this section only, a person sentenced pursuant to this section may be paroled if:

(1)   the Department of Corrections requests the Department of Probation, Parole and Pardon Services to consider the person for parole; and

(2)   the Department of Probation, Parole and Pardon Services determines that due to the person's health or age he is no longer a threat to society; and

(a)   the person has served at least thirty years of the sentence imposed pursuant to this section and has reached at least sixty-five years of age; or

(b)   the person has served at least twenty years of the sentence imposed pursuant to this section and has reached at least seventy years of age; or

(c)   the person is afflicted with a terminal illness where life expectancy is one year or less; or

(d)   the person can produce evidence comprising the most extraordinary circumstances.

(F)   For the purpose of determining a prior conviction under this section only, a prior conviction shall mean the defendant has been convicted of a most serious or serious offense, as may be applicable, on a separate occasion, prior to the instant adjudication.

(G)   The decision to invoke sentencing under Section 17-25-45(B) shall be is in the discretion of the solicitor. The provisions of Section 17-25-45(A) shall be mandatory.

(H)   Where the solicitor is required to seek or determines to seek sentencing of a defendant under this Section, written notice must be given by the solicitor to the defendant and defendant's counsel not less than ten days before trial."

SECTION   19.   Section 20-7-2205 of the 1976 Code, as last amended by Act No. 7 of 1995, is further amended to read:

"Section 20-7-2205.   A Notwithstanding Section 20-7-2170, 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 a violation of law or other misconduct which would not be a criminal offense if committed by an adult, or a child who violates the conditions of probation for an offense, a violation of law or other misconduct which would not be a criminal offense if committed by an adult must not may 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 for a determinate period not to exceed ninety days; however, a child committed under this section may not be confined with a child who has been determined by the department to be violent."

SECTION   20.   Section 20-7-2170 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 20-7-2170. (A) A child after his twelfth birthday and before his seventeenth birthday, or while under the jurisdiction of the Family Court for disposition of an offense that occurred prior to before his seventeenth birthday, may be committed to the custody of the Department of Juvenile Justice, which shall arrange for placement in a suitable corrective environment. Children under the age of twelve years may must be committed only to the custody of the department, which shall arrange for placement in a suitable corrective environment other than institutional confinement. No A child under the age of seventeen years shall must not be committed or sentenced to any other another penal or correctional institution of this State.

(B)   When a child is adjudicated delinquent, convicted of a crime, or has entered a plea of guilty or nolo contendere in a court authorized to commit to the custody of the Department of Juvenile Justice, such the child may be committed for an indeterminate period until he has reached his twenty-first birthday or until sooner released by the Board of Juvenile Parole under its discretional powers.

(C)   Any A sentence which includes commitment to the custody of the Department of Juvenile Justice for a crime which, when committed by an adult, would carry a maximum sentence of thirty years or more, shall include a further provision that the Board of Juvenile Parole may transfer such the child to the Department of Juvenile Justice, which may then may transfer the child to the Department of Corrections for confinement for a period, including time served in its custody, not to exceed thirty years. Such The transfer shall must be within the discretion of the Department of Juvenile Justice or the Board of Juvenile Parole as may be appropriate.

(D)   The court, before committing a child as a delinquent or as a part of a sentence including commitments for contempt, shall first temporarily shall commit temporarily the child to the Department of Juvenile Justice for a period not to exceed forty-five days for evaluation, and the department shall make a recommendation to the court prior to before final commitment. The committing judge may waive in writing temporary commitment in cases where the child concerned has either, within the past year, either has been evaluated by a center and the evaluation is available to the court or has within the past year been temporarily or finally discharged or conditionally released or paroled from a correctional institution of the Department of Juvenile Justice, and the child's previous evaluation or other equivalent information is available to the court. All commitments to the custody of the Department of Juvenile Justice for delinquency as opposed to the conviction of a specific crime may be made only for the reasons and in the manner prescribed in Sections 20-7-400, 20-7-410, 20-7-430, 20-7-460, 20-7-600, 20-7-620, 20-7-740, 20-7-750, 20-7-760, 20-7-770, 20-7-780, 20-7-1330, 20-7-1340, and 20-7-1520, with evaluations made and proceedings conducted only by the judges authorized to order commitments in this section. When a child is committed to the custody of the department under the proceedings, commitment must be for an indeterminate sentence, not extending beyond the twenty-first birthday of the child unless sooner released by the department.

(E)   Any A juvenile committed to the Department of Juvenile Justice following an adjudication for a violent offense contained in Section 16-1-60 or for the offense of assault and battery of a high and aggravated nature, who has not been paroled or otherwise released from the custody of the department by his nineteenth seventeenth birthday shall must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections. A juvenile who has not been paroled or released from the custody of the Department by his nineteenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections at age nineteen. If not sooner released sooner by the Department of Corrections, the a transferred juvenile shall must be released by his twenty-first birthday according to the provisions of his commitment;. provided, however, that notwithstanding Notwithstanding the above provision, any a juvenile committed as an adult offender by order of the Court of General Sessions shall be considered for parole or other release according to the laws pertaining to release of adult offenders.

SECTION   21.   Section 22-3-550 of the 1976 Code, as last amended by Section 28, Part II, Act 570 of 1994, is further amended to read:

"Section 22-3-550.   Magistrates have jurisdiction of all offenses which may be subject to the penalties of a fine or forfeiture not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or both. and may impose any sentence within those limits, singly or in the alternative. In addition, a magistrate may order restitution he considers appropriate.

However, a magistrate shall not have the power to sentence any person to consecutive terms of imprisonment totaling more than ninety days except for convictions resulting from violations of Chapter 11 of Title 34, pertaining to fraudulent checks or violations of Section 16-13-110, relating to shoplifting. Further a magistrate must specify an amount of restitution in damages at the time of sentencing as an alternative to any imprisonment of more than ninety days which is lawfully imposed. The provisions of this paragraph do not effect affect the transfer of criminal matters from the general sessions court made pursuant to Section 22-3-545."

SECTION   22.   Section 22-5-910 of the 1976 Code is amended to read:

"Section 22-5-910.   Following a first offense conviction in a magistrate's court or a municipal court, the defendant after one year from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to an offense involving the operation of a motor vehicle, or to a violation of Title 50 or the regulations promulgated thereunder under it for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized, or to an offense contained in Chapter 25 of Title 16. If the defendant has had no other conviction during the one-year period following the first offense conviction in a magistrate's court or a municipal court, the circuit court shall issue an order expunging the records. No person may have his records expunged under this section more than one time once.

After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once.

As used in this section, 'conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail."

SECTION   23.   Section 24-3-20 of the 1976 Code, as last amended by Act 181 of 1993 and Act 500 of 1994, 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.

(b)(B)   When the director determines 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.

The department shall notify victims registered pursuant to Section 16-3-1530(c) and the trial judge, solicitor, and sheriff of the county or the law enforcement agency of the jurisdiction where the offense occurred before releasing inmates on work release. The department shall have the authority to deny release based upon opinions received from these persons, if any, as to the suitability of the release.

No prisoner's place of confinement may be extended as permitted by this subsection who is currently serving a sentence for or has a prior conviction of criminal sexual conduct in the first, second, or third degree,; attempted criminal sexual conduct,; assault with intent to commit criminal sexual conduct,; criminal sexual conduct when the victim is his legal spouse,; criminal sexual conduct with a minor,; committing or committing or attempting a lewd act on a child,; engaging a child for sexual performance,; or spousal sexual battery. No prisoner who is serving a sentence for a 'no parole offense' as defined in Section 24-13-100 and who is otherwise eligible for work release shall have his place of confinement extended until he has served the minimum period of incarceration as set forth in Section 24-13-125.

(c)(C)   Notwithstanding the provisions of Section 24-3-10 or any other provisions provision 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 Department of Corrections The department 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 department 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)   Notwithstanding Section 24-13-125, The the Department of Corrections department may establish a restitution program for the purpose of allowing persons convicted of nonviolent offenses who are sentenced to the State Department of Corrections department to reimburse the victim for the value of the property stolen or damages caused by such the offense. In the event that there is If no victim is involved, the person convicted shall contribute to the administration of the program. The Department of Corrections department is authorized to promulgate regulations necessary to administer the program.

(e)(E)   In the event that If 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 department in the administration of the restitution program."

SECTION   24.   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, or community supervision;"

SECTION   25.   Section 24-3-530 of the 1976 Code, as last amended by Section 420, Act 181 of 1993, is further amended to read:

"Section 24-3-530.   (A)   All persons A person convicted of a capital crime and having imposed upon them him the sentence of death shall suffer such the penalty by electrocution or, at the election of the person, lethal injection within the walls of the State Penitentiary at Columbia under the direction of the Director of the Department of Corrections. The election must be made in writing fourteen days before the execution date or it is waived. If the person waives the right of election, then the penalty must be administered by lethal injection.

(B)   If execution by lethal injection under this section is held to be unconstitutional by an appellate court of competent jurisdiction, then the manner of inflicting a death sentence must be by electrocution."

SECTION   26.   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, except a 'no parole offense' as defined in Section 24-13-100, 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 facility 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. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good behavior conduct credit shall be is computed.

(B)   A prisoner convicted of a 'no parole offense' against this State as defined in Section 24-13-100 and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution 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 three days for each month served. However, no prisoner serving a sentence for life imprisonment or a mandatory minimum term of imprisonment for thirty years pursuant to Section 16-3-20 is entitled to credits under this provision. No prisoner convicted of a 'no parole offense' is entitled to a reduction below the minimum term of incarceration provided in Section 24-13-125 or 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 conduct credit is computed.

(b)(C)   Each A prisoner convicted of an offense against this State and confined in sentenced to 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. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which good behavior conduct credits must be computed.

(c)(D)   If, during the term of imprisonment, a prisoner confined in a facility of the department commits any an offense or violates any one of the rules of the institution during his term of imprisonment, all or any part of his the good conduct time credit he has earned may be forfeited at in the discretion of the Director of the Department of Corrections, if the. If a prisoner be confined in facilities of the department, or a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the local official having charge of prisoners sentenced to terms of imprisonment at the local level the prisoner. The decision to withhold forfeited good conduct time is solely the responsibility of officials named in this subsection.

(d)(E)   Any person who has served the term of imprisonment 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 unless the person is required to complete a community supervision program pursuant to Section 24-21-560. If the person is required to complete a community supervision program, he must complete his sentence as provided in Section 24-21-560 prior to discharge from the criminal justice system.

(F)   No credits earned pursuant to this section may be applied in a manner which would prevent full participation in the Department of Probation, Parole and Pardon Services' prerelease or community supervision program as provided in Section 24-21-560."

SECTION   27.   Section 24-13-220 of the 1976 Code is amended to read:

"Section 24-13-220.   The provisions of Section 24-13-210 shall also apply to persons whose sentences have has been commuted, and in computing the time to be credited on the sentence as commuted the basis shall be on the record of the prisoner from the date of commutation. And when a sentence has been imposed and a portion thereof suspended, when a portion of a sentence which has been imposed is suspended. Credits earned time off for good behavior conduct shall be deducted from and computed on the time the person is actually required to serve, and the suspended sentence shall begin on the date of his release from servitude as herein provided."

SECTION   28.   Section 24-13-230 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-13-230.   (a) (A) The Director of the Department of Corrections may allow any prisoner in the custody of the department, except a prisoner convicted of a 'no parole offense' as defined in Section 24-13-100, 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 education 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 program.

(B)   The Director of the Department of Corrections may allow a prisoner in the custody of the department serving a sentence for a 'no parole offense' as defined in Section 24-13-100, 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 six days for every month he is employed or enrolled. However, no prisoner serving a sentence for life imprisonment or a mandatory minimum term of imprisonment for thirty years pursuant to Section 16-3-20 is entitled to credits under this provision. No prisoner convicted of a 'no parole offense' is entitled to a reduction below the minimum term of incarceration provided in Section 24-13-125 or 24-13-150. A maximum annual credit for both work credit and education credit is limited to seventy-two days.

(C)   No credits earned pursuant to this section may be applied in a manner which would prevent full participation in the Department of Probation, Parole and Pardon Services' prerelease or community supervision program as provided in Section 24-21-560.

(D)   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. If a prisoner commits an offense or violates one of the rules of the institution during his term of imprisonment all or part of the work credit or education credit he has earned may be forfeited in the discretion of the official having charge of the prisoner.

(b) (E) The official in charge of a local detention or correctional facility in to which persons convicted of offenses against the State serve sentences of confinement are sentenced shall allow any inmate serving such a sentence in the custody of the facility who is assigned to a mandatory productive duty assignment a reduction from the term of his sentence of zero to one day for every two days so employed. The amount of credit to be earned for each duty classification must be determined by the official in charge of the local detention or correctional facility and published by him in a conspicuous place available to inmates.

(c) (F)(1)   An individual is only eligible for the educational credits provided for in this section, upon successful participation in an academic, technical, or vocational training program.

(2)   The educational credit provided for in this section, is not available to any individual convicted of a violent crime as defined in Section 16-1-60.

(d)(G)   The South Carolina Department of Corrections may not pay any tuition for college courses."

SECTION   29.   Section 24-13-610 of the 1976 Code is amended to read:

"Section 24-13-610.   The Department of Corrections (department) may establish an extended work release program. The program may allow the exceptional regular work release resident, male or female, convicted of a first and not more than a second offense, the opportunity of extended work release placement in the community with the privilege of residing with an approved community sponsor and continuing employment in the community; provided, that no person convicted of murder, or criminal sexual conduct in the first or second degree, a 'no parole offense' as defined in Section 24-13-100 which was committed on or after the effective date of this section, or any other offense which is prohibited by another provision of law may participate in this extended work release program."

SECTION   30.   Section 24-13-650 of the 1976 Code is amended to read:

"Section 24-13-650.   No offender committed to incarceration under for a violent offense as defined in Section 16-1-60 or a 'no parole offense' as defined in Section 24-13-100 may be released back into the community in which the offender committed the offense under the work release program, except in those cases wherein, where applicable, the victim of the crime for which the offender is charged or the relatives of the victim who have applied for notification under Section 16-3-1530 if the victim has died, the law enforcement agency which employed the arresting officer at the time of the arrest, and the circuit solicitor all agree to recommend that the offender be allowed to participate in the work release program in the community where the offense was committed. The victim or the victim's nearest living relative, the law enforcement agency, and the solicitor, as referenced above, must affirm in writing that the offender be allowed to return to the community in which the offense was committed to participate in the work release program."

SECTION   31.   Section 24-13-710 of the 1976 Code is amended to read:

"Section 24-13-710.   The Department of Corrections and the Department of Probation, Parole and Pardon Services shall jointly develop the policies, procedures, guidelines, and cooperative agreement for the implementation of a supervised furlough program which permits carefully screened and selected inmates who have served the mandatory minimum sentence as required by law or have not committed a violent crime as defined in Section 16-1-60, a 'no parole offense' as defined in Section 24-13-100, nor committed the crime of criminal sexual conduct in the third degree as defined in Section 16-3-654, or the crime of committing or attempting a lewd act upon a child under the age of fourteen as defined in Section 16-15-140 to be released on furlough prior to parole eligibility and under the supervision of state probation and parole agents with the privilege of residing in an approved residence and continuing treatment, training, or employment in the community until parole eligibility or expiration of sentence, whichever is earlier. The department and the Department of Probation, Parole and Pardon Services shall assess a fee sufficient to cover the cost of the participant's supervision and any other financial obligations incurred because of his participation in the supervised furlough program as provided by this article. The two departments shall jointly develop and approve written guidelines for the program to include, but not be limited to, the selection criteria and process, requirements for supervision, conditions for participation, and removal. The cooperative agreement between the two departments shall specify the responsibilities and authority for implementing and operating the program. Inmates approved and placed on the program must be under the supervision of agents of the Department of Probation, Parole and Pardon Services who are responsible for insuring ensuring the inmate's compliance with the rules, regulations, and conditions of the program as well as monitoring the inmate's employment and participation in any of the prescribed and authorized community-based correctional programs such as vocational rehabilitation, technical education, and alcohol/drug treatment. Eligibility criteria for the program include, but are not limited to, all of the following requirements:

(1)   maintain a clear disciplinary record for at least six months prior to consideration for placement on the program;

(2)   demonstrate to Department of Corrections' officials a general desire to become a law-abiding member of society;

(3)   satisfy any other reasonable requirements imposed upon him by the Department of Corrections;

(4)   have an identifiable need for and willingness to participate in authorized community-based programs and rehabilitative services;

(5)   have been committed to the State Department of Corrections with a total sentence of five years or less as the first or second adult commitment for a criminal offense for which the inmate received a sentence of one year or more. The Department of Corrections shall notify victims pursuant to Section 16-3-1530(c) as well as the sheriff's office of the place to be released before releasing inmates through any supervised furlough program.

These requirements do not apply to the crimes referred to in this section."

SECTION   32.   Section 24-13-720 of the 1976 Code is amended to read:

"Section 24-13-720.   Unless sentenced to life imprisonment, an inmate under the jurisdiction or control of the Department of Corrections who has not been convicted of a violent crime under the provisions of Section 16-1-60 or a 'no parole offense' as defined in Section 24-13-100 may, within six months of the expiration of his sentence, be placed with the program provided for in Section 24-13-710 and is subject to every rule, regulation, and condition of the program. No inmate otherwise eligible under the provisions of this section for placement with the program may be so placed unless he has qualified under the selection criteria and process authorized by the provisions of Section 24-13-710. He must also have maintained a clear disciplinary record for at least six months prior to eligibility for placement with the program."

SECTION   33.   Section 24-13-1310 of the 1976 Code is amended to read:

"Section 24-13-1310. As used in this article:

(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 or a 'no parole offense' as defined in Section 24-13-100;

(d)   who has not been incarcerated previously in a state correctional facility or has not served a sentence previously in a shock incarceration program;

(e)   who physically is able to participate in the program;

(f)   whose sentence specifically does not prohibit the offender from participating in the shock incarceration program.

(2)   'Shock incarceration program' means a program pursuant to which eligible inmates are selected directly at reception centers ordered by the court to participate in the program and serve ninety days in an incarceration facility, which provides rigorous physical activity, intensive regimentation, and discipline and rehabilitation therapy and programming.

(3)   'Director' means the Director of the Department of Corrections."

SECTION   34.   Section 24-13-1320 of the 1976 Code is amended to read:

"Section 24-13-1320.   (A)   The director of the department, guided by consideration for the safety of the community and the welfare of the inmate, shall promulgate regulations, according to procedures set forth in the Administrative Procedures Act, for the shock incarceration program. The regulations must reflect the purpose of the program and include, but are not limited to, selection criteria, inmate discipline, programming and supervision, and program structure and administration.

(B) For each reception center the 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 and which shall meet on a regularly scheduled basis to review all applications for a program.

(C) (B)   A program may be established only at an institution classified by the director as a shock incarceration facility.

(D) (C)   The department shall undertake studies and prepare reports periodically on the impact of a program and on whether the programmatic objectives are met."

SECTION   35.   Section 24-13-1330 of the 1976 Code is 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.

(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 director or his designee for approval or disapproval.

(A)   A court may order that an 'eligible inmate' be sentenced to the 'Shock Incarceration Program'. If an 'eligible inmate' is sentenced to the 'Shock Incarceration Program' he must be transferred to the custody of the department for evaluation.

(B)   The department must evaluate the inmate to determine whether the inmate is physically, psychologically, and emotionally able to participate in this program.

(C)   The director shall notify the court within fifteen working days if the inmate is physically, psychologically, or emotionally unsuitable for participation in the 'Shock Incarceration Program'. An unsuitable inmate must be returned to court for sentencing to another term as provided by law.

(C) (D)   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 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) (E)   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.

(E) (F)   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   36.   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 to regulate or impose conditions for probation, or parole, or community supervision."

SECTION   37.   Section 24-19-160 of the 1976 Code, as last amended by Act 181 of 1993, is further 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 to amend, repeal, or affect the jurisdiction of the Department of Probation, Parole and Pardon Services or the Probation, Parole, and Pardon Services Board. For purposes of community supervision or parole purposes, a sentence pursuant to Section 24-19-50(e) shall be considered a sentence for six years."

SECTION   38.   Section 24-21-10 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

"Section 24-21-10.   (A)   The Department of Probation, Parole, and Pardon Services, hereafter referred to as the 'department', is governed by the Director of Probation, Parole, and Pardon Services, director of 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 is composed of seven members. The terms of office of the members are for six years. 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, provided the appointment is received for confirmation on the first day of the Senate's next meeting following the vacancy. A chairman must be elected annually by a majority of the membership of the board. The chairman may serve consecutive terms.

(C)   The Governor shall deliver an appointment within sixty days of the expiration of a term, if an individual is being reappointed, or within ninety days of the expiration of a term, if an individual is an initial appointee. If a board member who is being reappointed is not confirmed within sixty days of receipt of the appointment by the Senate, the appointment is deemed considered rejected. For an initial appointee, if confirmation is not made within ninety days of receipt of the appointment by the Senate, the appointment is deemed rejected. The Senate may by resolution extend the period after which an appointment is deemed considered rejected. If the failure of the Senate to confirm an appointee would result in the lack of a quorum of board membership, the seat for which confirmation is denied or rejected shall not be considered when determining if a quorum of board membership exists."

SECTION   39.   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, community supervision, and other offenders released from incarceration prior to the expiration of their sentence;

(2)   the consideration of paroles and pardons and the supervision of offenders in the community supervision program, and other offenders released from incarceration prior to the expiration of their sentence. The requirements for an offender's participation in the community supervision program and an offender's progress toward completing the program are to be decided administratively by the Department of Probation, Parole and Pardon Services. No inmate or future inmate shall have a 'liberty interest' or an 'expectancy of release' while in a community supervision program administered by the department;

(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. 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   40.   Section 24-21-30 of the 1976 Code is amended to read:

"Section 24-21-30.   (A)   A person who commits a 'no parole offense' as defined in Section 24-13-100 on or after the effective date of this section is not eligible for parole consideration, but must complete a community supervision program as set forth in Section 24-21-560 prior to discharge from the sentence imposed by the court. For all offenders who are eligible for parole, The 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 these 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.

(B)   The board may grant parole to an offender who commits a violent crime as defined in Section 16-1-60 which is not included as a 'no parole offense' as defined in Section 24-13-100 on or after the effective date of this section by a two-thirds majority vote of the full board. The board may grant parole to an offender convicted of an offense which is not a violent crime as defined in Section 16-1-60 or a 'no parole offense' as defined in Section 24-13-100 by a unanimous vote of a three-member panel or by a majority vote of the full board.

Nothing in this subsection may be construed to allow any person who commits a 'no parole offense' as defined in Section 24-13-100 on or after the effective date of this section to be eligible for parole."

SECTION   41.   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, pardon, or any other form of clemency provided for under law. No inmate has a right of confrontation at the hearing."

SECTION   42.   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 state correctional facilities, 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   43.   Section 24-21-80 of the 1976 Code is 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 Department of Probation, Parole and Pardon Services 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 places a parolee under intensive supervision, or if an inmate who is participating in the Supervised Furlough Program is placed under intensive supervision, or if a person participating in a community supervision program is placed under intensive supervision, the probationer, parolee, or inmate, or community supervisee 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 only if the department determines that exceptional circumstances exist such 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   44.   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   45.   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   46.   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, community supervision, and investigation and supervision, he is regarded as the official representative of the court, and the department, and the board."

SECTION   47.   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, the 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. A certificate of service is sufficient proof of service. 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   48.   Section 24-21-910 of the 1976 Code is amended to read:

"Section 24-21-910. The Probation, Parole, and Pardon Services Board 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   49.   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.(2)   Persons discharged from a sentence without benefit of parole shall must be considered upon the request of the individual anytime after the date of discharge.

C.(3)   Parolees shall must 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 must be considered for pardon upon the request of the individual anytime after the date of discharge.

D.(4)   An inmate shall must be considered for pardon prior to before a parole eligibility date only when he can produce evidence comprising the most extraordinary circumstances.

E.(5)   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 has completed supervision or has been discharged from a sentence.

(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   50.   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   51.   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, and 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 agents for the purposes of prerelease 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, or 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   52.   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 probation, parole, and community supervision outcomes, revocations, and recidivism.

(d)(4)   The department's development of adequate training and staff development for its employees."

SECTION   53.   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 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   54.   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 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 State Office of Victim Assistance. The director shall monitor the collection and reporting of these assessments imposed as a condition of supervision and assure that they are duly transferred properly to the State Treasurer."

SECTION   55.   Section 44-53-445(A) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"(A)   It is unlawful a separate criminal offense for a person to distribute, sell, purchase, manufacture, or to unlawfully possess with intent to distribute, a controlled substance while in, on, or within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university."

SECTION   56.   Chapter 7, Title 54 of the 1976 Code is amended by adding:

"Section 54-7-815.   Notwithstanding any other provision of law, no person may excavate or salvage any sunken warship submerged in the waters of the Atlantic ocean within three miles of the South Carolina coast where there are, or it is believed that there are, human remains without the approval of the State Budget and Control Board. A person violating this section is guilty of a felony and upon conviction must be fined in the discretion of the court or sentenced to a term of imprisonment not to exceed five years, or both."

SECTION   57.   Sections 16-3-27, 24-1-200, 24-3-10, 24-13-270, and 24-13-1340 of the 1976 Code are repealed.

SECTION   58.   All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved. Except as otherwise provided, the provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.

SECTION   59.   A study committee shall be appointed to study mandatory minimum sentences and alternative sentences for nonviolent offenders and examine anti-recidivism methods for first time nonviolent offenders and report back to the General Assembly no later than the first day of session, 1996. The committee shall be composed of the following: The Attorney General of South Carolina or his designee, three appointees of the Speaker of the House of Representatives and three appointees of the President Pro Tempore of the Senate. The committee shall be staffed by the Sentencing Guidelines Commission and the staffs of the House and Senate Judiciary Committees.

SECTION   60.   Section 16-25-90 of the 1976 Code, as added by Act 7 of 1995, shall be both retroactive and prospective in application.

SECTION   61.   Section 16-25-70 of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:

"Section 16-25-70.(A)   A law enforcement officer may arrest, with or without a warrant, a person at his the person's place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed any a misdemeanor or felony under the provisions of Section 16-25-20, 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.

(B)   A law enforcement officer must arrest, with or without a warrant, a person at the person's place of residence or elsewhere if physical manifestations of injury to the alleged victim are present and the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony under the provisions of Section 16-25-20, 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.

(C)   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 a family or household member.

(D)   If a law enforcement officer receives complaints of domestic or family violence from two or more household members involving an incident of domestic or family violence, the officer shall evaluate each complaint separately to determine who was the primary aggressor. If the officer determines that one person was the primary physical aggressor, the officer need not arrest the other person believed to have committed domestic or family violence. In determining whether a person is the primary aggressor, the officer shall consider:

(1)   prior complaints of domestic or family violence;

(2)   the relative severity of the injuries inflicted on each person;

(3)   the likelihood of future injury to each person; and

(4)   whether one of the persons acted in self-defense.

(E)   A law enforcement officer must not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage requests for intervention by law enforcement by a party.

(F)   A law enforcement officer who arrests two or more persons for a crime involving domestic or family violence must include the grounds for arresting both parties in the written incident report.

(G)   No evidence other than evidence of violations of this article found as a result of a warrantless search shall be is admissible in any a court of law.

(H)   In addition to the protections granted to the law enforcement officer and law enforcement agency under the South Carolina Tort Claims Act, a law enforcement officer is not liable for an act, omission, or exercise of discretion under this section unless the act, omission, or exercise of discretion constitutes gross negligence, recklessness, wilfulness, or wantonness."

SECTION   62.   This act takes effect January 1, 1996, and applies prospectively to all crimes committed on or after that date except as follows:

(1)   SECTION 9 takes effect upon approval of the Governor and applies to crimes committed on or after the effective date of that section.

(2)   SECTION 25 takes effect upon approval of the Governor and applies to all executions administered on and after the effective date of this section, regardless of the date the sentence was imposed.

(3)   SECTIONS 56, 59, 60, and 61 take effect upon approval of the Governor.

Renumber sections to conform.

Amend title to conform.

/s/Donald H. Holland              /s/James H. Harrison
/s/Thomas L. Moore                /s/L. Morgan Martin
/s/John E. Courson                /s/L. Hunter Limbaugh
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Senator COURSON, with unanimous consent, spoke on the report.

Statement by Senator BRYAN

I voted against the Conference Report on H. 3096 known as the "Crime Bill." I fully support truth in sentencing requiring criminals to serve all or most of their sentences. However, the Bill as drawn will cost a tremendous amount over the next fifteen years unless we enact sentencing guidelines with it. Without sentencing guidelines, the criminal justice system will be further out of control with little chance of the legislature ever regaining control. By overloading the criminal justice system we are helping the criminals since the system will not be able to cope with the load and many will go free. We have tried to enact sentencing guidelines for almost fifteen years without success. If this continues, all of our money will go to the criminal justice system and will leave nothing for property tax relief or education.

Message from the House

Columbia, S.C., May 31, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that 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:
H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 30, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill:
H. 3448 -- Reps. Spearman, McTeer and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-27 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON LAKE MURRAY IN CERTAIN AREAS AND PROVIDE PENALTIES.
Very respectfully,
Speaker of the House

Received as information.

ACTING PRESIDENT PRESIDES

Senator RANKIN assumed the Chair.

Message from the House

Columbia, S.C., May 31, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3685 -- Reps. Walker, Baxley, Fleming, Neilson, Hines, Allison, Townsend, Beatty, Chamblee, Littlejohn, Wells, Davenport, Trotter, Lanford, Marchbanks and D. Smith: A BILL TO AMEND SECTION 59-30-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TESTING ARRANGEMENTS ON THE EXIT EXAMINATION FOR STUDENTS WITH LEARNING DISABILITIES, SO AS TO PROVIDE THAT STUDENTS WITH DYSCALCULIA, AND WITH OTHER DOCUMENTED LEARNING DISABILITIES IN MATHEMATICS AS STIPULATED BY REGULATION OF THE STATE BOARD OF EDUCATION, MAY USE A CALCULATOR ON THE MATH PORTIONS OF THE EXIT EXAMINATION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 31, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3733 -- Reps. Elliott, Inabinett, G. Brown, Neilson, Hines, Cain, Wright, Lloyd, Littlejohn, Jaskwhich, T. Brown, Govan, Stoddard, Bailey, Jennings, Rhoad, Phillips, Meacham, Kinon, Davenport and Chamblee: A BILL TO AMEND SECTION 27-40-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO ADD CERTAIN LANGUAGE TO THE DEFINITION OF "FAIR-MARKET RENTAL VALUE", AND ADD A DEFINITION FOR "SECURITY DEPOSIT"; TO AMEND SECTION 27-40-240, RELATING TO NOTICE PROVISIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO, AMONG OTHER THINGS, CLARIFY CERTAIN REFERENCES, AND DELETE THE REFERENCE TO A REPEALED CODE SECTION; TO AMEND SECTION 27-40-530, RELATING TO TENANT OBLIGATIONS AND ACCESS, SO AS TO PROVIDE THAT A TENANT MAY NOT CHANGE LOCKS ON THE DWELLING UNIT WITHOUT THE PERMISSION OF THE LANDLORD; TO AMEND SECTION 27-40-610, RELATING TO TENANT REMEDIES AND NONCOMPLIANCE BY THE LANDLORD IN GENERAL, SO AS TO PROVIDE THAT THE TENANT MAY RECOVER ACTUAL DAMAGES AND OBTAIN INJUNCTIVE RELIEF IN A MAGISTRATE'S OR CIRCUIT COURT, WITHOUT POSTING BOND, FOR "UNREASONABLE" RATHER THAN "ANY" NONCOMPLIANCE BY THE LANDLORD WITH THE RENTAL AGREEMENT OR SECTION 27-40-440; TO AMEND SECTION 27-40-650, RELATING TO TENANT REMEDIES AND FIRE OR CASUALTY DAMAGE, SO AS TO PROVIDE THAT AN ACCOUNTING FOR RENT IN THE EVENT OF TERMINATION OR APPORTIONMENT MUST BE MADE AS OF THE DATE OF THE FIRE OR CASUALTY UNLESS THE FIRE OR CASUALTY WAS DUE TO THE TENANT'S NEGLIGENCE OR CAUSED BY THE TENANT; TO AMEND SECTION 27-40-720, RELATING TO LANDLORD REMEDIES AND NONCOMPLIANCE AFFECTING HEALTH AND SAFETY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE TENANT SHALL REIMBURSE THE LANDLORD FOR CERTAIN COSTS; TO AMEND SECTION 27-40-730, RELATING TO LANDLORD REMEDIES FOR ABSENCE, NONUSE, AND ABANDONMENT OF A DWELLING UNIT, SO AS TO PROVIDE THAT IF THE TENANT HAS VOLUNTARILY TERMINATED THE UTILITIES AND THERE IS AN UNEXPLAINED ABSENCE OF A TENANT AFTER DEFAULT IN PAYMENT OF RENT, ABANDONMENT IS CONSIDERED IMMEDIATE AND THE FIFTEEN-DAY RULE DOES NOT APPLY; AND TO AMEND SECTION 27-40-790, RELATING TO THE RESIDENTIAL LANDLORD AND TENANT ACT AND THE PAYMENT OF RENT INTO COURT, SO AS TO DELETE THE WORD "JUDGMENT" AND REPLACE IT WITH THE WORD "DECISION".
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

H. 3787--CONFERENCE COMMITTEE APPOINTED
Message from the House

Columbia, S.C., May 31, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3787 -- Reps. Richardson, Cotty, Rice, Cobb-Hunter, Keyserling, J. Brown, Worley, S. Whipper, Limehouse, Moody-Lawrence, Byrd, Shissias, Herdklotz, Lloyd, D. Smith, Wilkes, Mason and Thomas: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR PRORATED LICENSES; TO REPEAL SECTION 12-33-220, RELATING TO AN OBSOLETE PROVISION ALLOWING PRORATION OF LICENSES, AND TO PROVIDE FOR REFUNDS IN CASES OF CERTAIN LICENSES ISSUED AFTER NOVEMBER, 1994.
Very respectfully,
Speaker of the House

On motion of Senator RYBERG, the Senate insisted upon its amendments to H. 3787 and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators RYBERG, CORK and GREG SMITH of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

REPORTS OF STANDING COMMITTEES

Senator WILLIAMS from the Chairmen's Committee submitted a favorable report on:

H. 4239 -- Reps. Wilkins, H. Brown, J. Brown, Cato, Harrison, Sharpe, Townsend, Haskins and Huff: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 1, 1995, AT 5:00 P.M. THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 5, 6, 7, 8, AND 9, 1995, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF THE AFFECTED DELEGATION AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 9, 1995, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION UNTIL 11:00 A.M., MONDAY, JUNE 19, 1995, AND TO CONTINUE IN SESSION, IF NECESSARY, THROUGH 5:OO P.M., THURSDAY, JUNE 22, 1995, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER DURING THAT PERIOD, AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS NO LATER THAN 5:00 P.M. ON THURSDAY, JUNE 22, 1995, IT SHALL STAND ADJOURNED TO MEET ON TUESDAY, OCTOBER 3, 1995, SOLELY FOR THE PURPOSE OF ELECTING PERSONS TO FILL THE JUDICIAL OFFICES CREATED IN THE 1995-96 GENERAL APPROPRIATIONS ACT AND PROVIDE THAT IT SHALL STAND ADJOURNED SINE DIE WHEN THE ELECTION IS FINISHED.

Amended, Adopted
H. 4239

The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Concurrent Resolution.

Senators WILLIAMS, HOLLAND, McCONNELL and MOORE proposed the following amendment (4239R002.MBW), which was adopted:

Amend the resolution, as and if amended, by striking all after the resolving clause and inserting:

/That the mandatory SINE DIE adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions set forth below. When the respective houses adjourn on Thursday, June 1, 1995, each house shall stand adjourned not later than 7:30 p.m. to meet thereafter under the following terms and conditions:

(1)   When the respective houses of the General Assembly adjourn on Thursday, June 1, 1995, not later than 7:30 p.m., they shall stand adjourned to meet at 10:00 a.m. on June 5, 6, 7, 8, and 9, 1995, for consideration of local and uncontested matters which have the unanimous consent of the members of the delegation affected by the legislation and for consideration of resolutions expressing sympathy or congratulations, provided that the President of the Senate and the Speaker of the House are authorized to meet on Thursday, June 8, 1995, for the ratification of acts which have been enrolled before that date; and

(2)   When each house adjourns on Friday, June 9, 1995, it shall stand adjourned to meet in statewide session at 11:00 a.m., Monday, June 12, 1995, and to continue in statewide session, if necessary, no later than 5:00 P.M., Thursday, June 15, 1995, for:

(a)   a joint session of the General Assembly to be held at 12:00 p.m. on Monday, June 12, 1995, for the purpose of an election to fill Seat 2 of the Family Court for the Fifth Judicial Circuit if screening has been completed and a report has been issued by the Joint Legislative Screening Committee as to all candidates for such seat;

(b)   the consideration of gubernatorial vetoes;

(c)   the receipt or confirmation, or both, of appointments;

(d)   the ratification of acts;

(e)   the consideration of local matters where the affected delegation is unanimous;

(f)   concurrent resolutions affecting SINE DIE adjournment or setting or changing the date or time set for the election to fill Seat 2 of the Family Court for the Fifth Judicial Circuit;

(g)   receipt or consideration, or both, of conference and free conference reports.

Be it further resolved that when the General Assembly adjourns on Thursday, June 15, 1995, no later than 5:00 p.m., it shall stand adjourned SINE DIE.

Amend the title to read:
/TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 1, 1995, NOT LATER THAN 7:30 P.M. THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 5, 6, 7, 8, AND 9, 1995, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF THE AFFECTED DELEGATION AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS, AND TO PROVIDE FOR THE RATIFICATION OF ACTS ON THURSDAY, JUNE 8, 1995, AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 9, 1995, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 11:00 A.M., MONDAY, JUNE 12, 1995, AND TO CONTINUE IN SESSION, IF NECESSARY, THROUGH 5:00 P.M., THURSDAY, JUNE 15, 1995, AND TO PROVIDE FOR A JOINT ASSEMBLY FOR THE PURPOSE OF AN ELECTION TO FILL SEAT 2 OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT AT 12:00 P.M. NOON ON MONDAY, JUNE 12, 1995, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER DURING THAT PERIOD, AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS NO LATER THAN 5:00 P.M. ON THURSDAY, JUNE 15, 1995, IT SHALL STAND ADJOURNED SINE DIE./

Amend title to conform.

Senator WILLIAMS explained the amendment.

Senators MOORE, PATTERSON and GLOVER spoke on the Resolution.

Senator MOORE moved that the Resolution be adopted.

There being no further amendments, the Concurrent Resolution was adopted and ordered returned to the House with amendments.

Senator COURSON from the Committee on Invitations polled out H. 4263 favorable:

H. 4263 -- Rep. Boan: A CONCURRENT RESOLUTION TO DECLARE DECEMBER 3-9, 1995, AS SOUTH CAROLINA HIGH SCHOOL FOOTBALL COACHES APPRECIATION WEEK AND DECLARE FRIDAY, DECEMBER 8, 1995, AS "SOUTH CAROLINA HIGH SCHOOL FOOTBALL COACHES APPRECIATION DAY".

Poll of the Invitations Committee on H. 4263
Ayes 7; Nays 0; Not Voting 3

AYES

Courson                   Peeler                    Wilson
Thomas                    Stilwell                  O'Dell
Passailaigue

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Matthews                  Patterson                 Russell

TOTAL--3

Adopted
H. 4263

The Concurrent Resolution was adopted, ordered returned to the House.

Doctor of the Day

Senator ROSE introduced Dr. Daniel Brake of Charleston, S.C., Doctor of the Day.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 891 -- Senator Stilwell: A BILL TO AMEND SECTION 38-71-147, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREEDOM OF PHARMACY OR PHARMACIST SELECTION AND PARTICIPATION IN ACCIDENT AND HEALTH INSURANCE POLICIES OR IN A HEALTH MAINTENANCE ORGANIZATION PLAN.

Read the first time and referred to the Committee on Banking and Insurance.

S. 892 -- Senators Lander, Wilson, Leatherman and Courson: A JOINT RESOLUTION TO CREATE A JOINT PROPERTY TAX STUDY TASK FORCE TO STUDY ALL PHASES OF THE PROPERTY TAX SYSTEM IN ORDER TO DETERMINE THE EFFECTIVENESS AND FAIRNESS OF PROPERTY TAX ASSESSMENT AND COLLECTION IN THIS STATE.

Read the first time and referred to the Committee on Finance.

S. 893 -- Senators Lander and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-85 SO AS TO INCLUDE IN UNLAWFUL EMPLOYMENT PRACTICES THE CONDUCTING OF MEDICAL EXAMINATIONS AND INQUIRIES AND TO PROVIDE CONDITIONS UNDER WHICH THEY MAY BE CONDUCTED; TO AMEND SECTIONS 1-13-20, 1-13-30, AS AMENDED, 1-13-70, 1-13-80, AS AMENDED, 1-13-90, AND 1-13-100, RELATING TO THE STATE HUMAN AFFAIRS COMMISSION AND UNLAWFUL EMPLOYMENT PRACTICES AND THE PROHIBITION AGAINST DISCRIMINATION IN EMPLOYMENT BASED ON RACE, RELIGION, COLOR, SEX, NATIONAL ORIGIN, AND AGE, SO AS TO ALSO PROHIBIT DISCRIMINATION BASED ON DISABILITY AND TO DEFINE "DISABILITY" AND TO FURTHER PROVIDE HOW DISCRIMINATION BASED ON A DISABILITY IS AN UNLAWFUL EMPLOYMENT PRACTICE; TO AMEND SECTIONS 43-33-520, 43-33-530, 43-33-560, AND 43-33-570, RELATING TO THE BILL OF RIGHTS FOR HANDICAPPED PERSONS, SO AS TO DELETE PROVISIONS RELATING TO EMPLOYMENT; TO REPEAL SECTION 43-33-550 RELATING TO THE JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION OVER COMPLAINTS OF EMPLOYMENT DISCRIMINATION; AND TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS AND SUBCONTRACTORS FROM STATE DISCRIMINATION LAWS WHEN THEY ARE SUBJECT TO SUCH FEDERAL LAWS.

Senator LANDER spoke on the Bill.

Read the first time and referred to the Committee on Judiciary.

S. 894 -- Senators Wilson, Courson, Giese, Patterson, Jackson, Ryberg, Setzler, Lander and Williams: A CONCURRENT RESOLUTION CONGRATULATING THE FIRST PRESBYTERIAN CHURCH (ASSOCIATE REFORMED SYNOD) OF COLUMBIA, SOUTH CAROLINA, ON THE OCCASION OF ITS TWO HUNDREDTH ANNIVERSARY, JUNE 4, 1995.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 895 -- Senator O'Dell: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF ANDERSON POLICE CHIEF JAMES E. BURRISS ON THE OCCASION OF HIS RETIREMENT AND WISHING FOR HIM MANY HAPPY AND FULFILLING YEARS.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 896 -- Senators Matthews, Rose, Mescher, Washington and McConnell: A CONCURRENT RESOLUTION TO RECOGNIZE JUDGE CRANSTON PINCKNEY FOR HIS SERVICE TO THE COMMUNITIES OF DORCHESTER COUNTY AND TO CONGRATULATE HIM UPON HIS APPOINTMENT AS THE FIRST AFRICAN-AMERICAN TO SERVE AS A DORCHESTER COUNTY MAGISTRATE.

The Concurrent Resolution was adopted, ordered sent to the House.

H. 4268 -- Reps. Rhoad and Cave: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE BAMBERG-EHRHARDT HIGH SCHOOL BASEBALL TEAM AND ITS COACHES FOR A TRULY OUTSTANDING SEASON BY WINNING THE 1995 CLASS AA STATE CHAMPIONSHIP.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4269 -- Reps. Scott, Neal, Canty, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION COMMENDING THE REVEREND JAMES NEDD FOR MORE THAN FORTY YEARS OF SERVICE AS AN AFRICAN METHODIST EPISCOPAL CHURCH PASTOR AND TO WISH HIM AND HIS WIFE, ROSE MARIE, WELL IN ALL THEIR FUTURE ENDEAVORS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4270 -- Rep. Rogers: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF NOVEMBER 12-18, 1995, AMERICAN EDUCATION WEEK, AND WEDNESDAY, NOVEMBER 15, 1995, AS EDUCATIONAL SUPPORT DAY.

Whereas, throughout American history, public schools have helped democratize our nation, strengthen our communities, and widen our opportunities; and

Whereas, by integrating different groups into a common educational setting, public schools prepare this state's and nation's diverse population to live harmoniously in a free, democratic society; and

Whereas, the future of America in the next century depends on the students who are in our schools today; and

Whereas, all citizens have an important mutual interest in educating future citizens; and

Whereas, strong, effective public schools are a springboard to a better tomorrow; and

Whereas, American Education Week was established in 1921 to recognize the importance of public education; and

Whereas, the theme for 1995, "Good Schools are a Great Investment", is particularly critical for South Carolina; and

Whereas, teachers play a critical role in the delivery and improvement of public education; and

Whereas, education support personnel, including secretaries and clerical assistants, lunchroom workers, bus drivers, teacher aides and assistants, custodians and maintenance workers, also make important contributions to public education in South Carolina. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly proclaim the week of November 12-18, 1995, American Education Week, and Wednesday, November 15, 1995, as Educational Support Day.

Referred to the Committee on Invitations.

H. 4273 -- Reps. Koon, Gamble, Knotts, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION TO MARILYN L. BUNDRICK FOR HER EXEMPLARY SERVICE AS A MEMBER AND CHAIRMAN OF THE LEXINGTON COUNTY COMMUNITY MENTAL HEALTH CENTER BOARD OF DIRECTORS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4276 -- Reps. P. Harris, Chamblee, Cooper, Stille, Tucker and Townsend: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF ANDERSON POLICE CHIEF JAMES E. BURRISS ON THE OCCASION OF HIS RETIREMENT AND WISHING FOR HIM MANY HAPPY AND FULFILLING YEARS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4278 -- Reps. Stuart, Koon, Gamble, Knotts, Riser, Spearman and Wright: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE ODYSSEY OF THE MIND TEAM FROM LEXINGTON INTERMEDIATE SCHOOL WHO TOOK TOP HONORS IN THE ODYSSEY OF THE MIND WORLD FINALS HELD IN KNOXVILLE, TENNESSEE.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4280 -- Rep. Cave: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MS. BOBBY THOMAS FURMAN OF ALLENDALE COUNTY FOR HER OUTSTANDING AND DEDICATED SERVICE AS ALLENDALE COUNTY AUDITOR SINCE 1983.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4281 -- Rep. Cave: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. LEWIS BRYAN FOR HIS DEDICATED SERVICE TO THE FIELD OF PUBLIC EDUCATION AND WISHING HIM AND HIS FAMILY SUCCESS IN ALL FUTURE ENDEAVORS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4282 -- Rep. Cave: A CONCURRENT RESOLUTION COMMENDING DR. DILL GAMBLE OF ALLENDALE COUNTY FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE FIELD OF PUBLIC EDUCATION ON THE OCCASION OF HIS RETIREMENT AND TO WISH HIM AND HIS WIFE, AZALEE, WELL IN ALL THEIR FUTURE ENDEAVORS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3544 -- Rep. McTeer: A BILL TO AMEND SECTION 59-39-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HIGH SCHOOL DIPLOMAS AND THE UNITS REQUIRED FOR GRADUATION, SO AS TO PROVIDE THAT BEGINNING WITH THE 1998-99 SCHOOL YEAR, A MINIMUM OF FOUR UNITS IN MATHEMATICS RATHER THAN THREE AND A MINIMUM OF THREE UNITS IN SCIENCE RATHER THAN TWO, MUST BE EARNED.

Read the first time and referred to the Committee on Education.

H. 4231 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO EMERGENCY MEDICAL SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1848, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and on motion of Senator MOORE, with unanimous consent, ordered placed on the Calendar without reference.

HOUSE CONCURRENCE

S. 878 -- Senator Setzler: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF NOVEMBER 12-18, 1995, AMERICAN EDUCATION WEEK, AND WEDNESDAY, NOVEMBER 15, 1995, AS EDUCATIONAL SUPPORT DAY.

Returned with concurrence.

Received as information.

RECESS

At 2:00 P.M., on motion of Senator MOORE, the Senate receded from business until 3:15 P.M.

AFTERNOON SESSION

The Senate reassembled at 3:15 P.M. and was called to order by the PRESIDENT.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 24, 1995
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointments

Reappointments, Marlboro County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable Ronald K. McDonald, 5646 Allen Ridge Road, Blenheim, S.C. 29516

Honorable Carroll M. Gray, Post Office Box 418, Bennettsville, S.C. 29512

Received as information.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 25, 1995
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointments

Reappointment, Sumter County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Honorable Lee Anna Morse, Post Office Box 508, Pinewood, S.C. 29125

Received as information.

Initial Appointment, Barnwell County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Jimmy Wade Gantt, Jr., 116 Williston Road, Blackville, S.C. 29817 VICE William H. Bodiford

Received as information.

H. 3613--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED

H. 3613 -- Reps. Wilkins, Huff, Delleney, Knotts, Townsend, Limehouse, Keegan, Witherspoon, Fleming, Marchbanks, Tripp, Felder, Lanford, Herdklotz, Easterday, A. Young, Hallman, Law, Limbaugh, Cotty, Thomas, Harrell, Sandifer, Sharpe, Fair, Haskins, Richardson, Fulmer, J. Young, Chamblee, Riser, Cain, Jaskwhich, Beatty, R. Smith, Simrill, Walker, Robinson, Rice, Dantzler, Stille, Stuart, Wofford, Wells, Trotter, Mason, Clyburn, Harrison, Klauber, Cato, Vaughn, Martin, Davenport and Kirsh: A BILL TO ENACT THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995 SO AS TO ESTABLISH THE WELFARE POLICY OF THE STATE; TO, AMONG OTHER THINGS, REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO EXPAND ITS EMPLOYMENT ASSISTANCE SERVICES AND TO EXPAND ITS WORK SUPPORT PROGRAM STATEWIDE; TO REQUIRE AFDC RECIPIENTS TO ENTER AGREEMENTS IN ORDER TO RECEIVE AFDC AND TO PROVIDE SANCTIONS FOR NONCOMPLIANCE; TO REQUIRE THE EMPLOYMENT SECURITY COMMISSION TO PROVIDE THE DEPARTMENT ON-LINE ACCESS TO JOB VACANCY DATA; TO AUTHORIZE PAYMENT OF PORTIONS OF A RECIPIENT'S AFDC TO EMPLOYERS TO SUPPLEMENT WAGES PAID TO THE RECIPIENT; TO DIRECT THE GENERAL ASSEMBLY TO PROVIDE A TAX CREDIT TO EMPLOYERS WHO HIRE AFDC RECIPIENTS; TO REQUIRE STATE AGENCIES TO TARGET AFDC RECIPIENTS FOR EMPLOYMENT; TO ENHANCE SERVICES TO TEEN PARENTS; TO REQUIRE NONCUSTODIAL PARENTS OF CHILDREN RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAM; TO DIRECT SPENDING FIFTY PERCENT OF JOB TRAINING AND PARTNERSHIP ACT FUNDS ON AFDC RECIPIENTS; TO REQUIRE COUNTY DEPARTMENT OF SOCIAL SERVICES OFFICES TO ESTABLISH EDUCATION AND TRAINING GOALS; TO REQUIRE AFDC RECIPIENTS TO PARTICIPATE IN FAMILY SKILLS TRAINING; TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER A NONCUSTODIAL PARENT OF A CHILD RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAMS; TO LIMIT AFDC ASSISTANCE TO TWENTY-FOUR OUT OF ONE HUNDRED TWENTY MONTHS AND SIXTY MONTHS IN A LIFETIME AND TO PROVIDE EXCEPTIONS; TO REVISE REQUIREMENTS FOR MANDATORY PARTICIPATION IN A WORK PROGRAM; TO REVISE INCOME AND ASSET LIMITS FOR AFDC ELIGIBILITY; TO PROHIBIT INCREASING AFDC BENEFITS WHEN A CHILD IS BORN INTO AN AFDC FAMILY; TO REQUIRE AFDC RECIPIENTS TO ENTER A DRUG OR ALCOHOL PROGRAM UNDER CERTAIN CONDITIONS; TO REQUIRE AFDC RECIPIENTS WHO ARE MINORS TO MAINTAIN SATISFACTORY SCHOOL ATTENDANCE AND TO LIVE IN THE HOMES OF THEIR PARENTS AND TO PROVIDE EXCEPTIONS; TO REVISE CERTAIN ABSENT PARENT AFDC ELIGIBILITY REQUIREMENTS; TO EMPHASIZE PROVIDING SERVICES TO THE FAMILY AS A WHOLE; TO REQUIRE AFDC RECIPIENTS TO PROVIDE ADDITIONAL INFORMATION ON FATHERS AS A CONDITION OF ELIGIBILITY; TO REVISE THE AMOUNT OF CHILD SUPPORT GIVEN TO AN AFDC RECIPIENT THAT IS COLLECTED BY THE DEPARTMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 20-7-936 SO AS TO REQUIRE THE PARENT OF A CHILD TO SUPPORT A GRANDCHILD IF THE PARENT OF THE GRANDCHILD IS UNDER EIGHTEEN YEARS OF AGE; TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 3 BY ADDING PART II SO AS TO AUTHORIZE AND PROVIDE PROCEDURES FOR THE ENFORCEMENT OF CHILD SUPPORT THROUGH THE REVOCATION OF BUSINESS, OCCUPATIONAL, AND PROFESSIONAL LICENSES, DRIVERS' LICENSES, COMMERCIAL AND RECREATIONAL HUNTING, FISHING, AND TRAPPING LICENSES AND WATERCRAFT REGISTRATIONS; TO AMEND TITLE 20, CHAPTER 7 BY ADDING ARTICLE 32 SO AS TO ESTABLISH AND PROVIDE PROCEDURES FOR THE ESTABLISHMENT AND ENFORCEMENT OF PATERNITY AND CHILD SUPPORT THROUGH AN ADMINISTRATIVE PROCESS; TO AMEND SECTION 43-5-65, RELATING TO ELIGIBILITY FOR AFDC, SO AS TO REVISE CERTAIN REQUIREMENTS AND TO EXTEND CERTAIN REQUIREMENTS TO ELIGIBILITY FOR MEDICAID; TO AMEND SECTION 43-5-590, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT CONCERNING THE CHILD SUPPORT PLAN, SO AS TO INCLUDE IN RIGHTS ASSIGNED TO THE STATE THE ASSIGNMENT OF THE RIGHT TO COLLECT HEALTH CARE EXPENSES AND MEDICAID REIMBURSEMENT; TO AMEND SECTION 44-7-77, RELATING TO ESTABLISHMENT OF THE IN-HOSPITAL PATERNITY ACKNOWLEDGMENT PROGRAM, SO AS TO FURTHER PROVIDE FOR PROCEDURES TO OBTAIN ACKNOWLEDGMENTS AND TO REQUIRE CERTAIN INFORMATION TO BE SUBMITTED; TO AMEND SECTION 44-63-165, RELATING TO AMENDING BIRTH CERTIFICATES ON ACKNOWLEDGMENT OF PATERNITY, SO AS TO AUTHORIZE THE DEPARTMENT TO RECEIVE A PATERNITY ACKNOWLEDGMENT AT NO CHARGE UPON REQUEST FOR ESTABLISHING CHILD SUPPORT OBLIGATIONS; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR WAIVERS FROM THE FEDERAL GOVERNMENT TO IMPLEMENT CERTAIN PROVISIONS OF THIS ACT; AND TO DESIGNATE SECTIONS 20-70-840 THROUGH 20-7-938 AS PART I, SUBARTICLE 3, ARTICLE 9, CHAPTER 7, TITLE 20 AND NAMED "CHILD SUPPORT PROCEEDINGS AND ENFORCEMENT".

On motion of Senator WILSON, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator WILSON spoke on the report.

On motion of Senator WILSON, the Report of the Committee of Conference to H. 3613 was adopted as follows:

H. 3613--Conference Report
The General Assembly, Columbia, South Carolina, May 30, 1995

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3613 -- Reps. Wilkins, Huff, Delleney, Knotts, Townsend, Limehouse, Keegan, Witherspoon, Fleming, Marchbanks, Tripp, Felder, Lanford, Herdklotz, Easterday, A. Young, Hallman, Law, Limbaugh, Cotty, Thomas, Harrell, Sandifer, Sharpe, Fair, Haskins, Richardson, Fulmer, J. Young, Chamblee, Riser, Cain, Jaskwhich, Beatty, R. Smith, Simrill, Walker, Robinson, Rice, Dantzler, Stille, Stuart, Wofford, Wells, Trotter, Mason, Clyburn, Harrison, Klauber, Cato, Vaughn, Martin, Davenport and Kirsh: A BILL TO ENACT THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995 SO AS TO ESTABLISH THE WELFARE POLICY OF THE STATE; TO, AMONG OTHER THINGS, REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO EXPAND ITS EMPLOYMENT ASSISTANCE SERVICES AND TO EXPAND ITS WORK SUPPORT PROGRAM STATEWIDE; TO REQUIRE AFDC RECIPIENTS TO ENTER AGREEMENTS IN ORDER TO RECEIVE AFDC AND TO PROVIDE SANCTIONS FOR NONCOMPLIANCE; TO REQUIRE THE EMPLOYMENT SECURITY COMMISSION TO PROVIDE THE DEPARTMENT ON-LINE ACCESS TO JOB VACANCY DATA; TO AUTHORIZE PAYMENT OF PORTIONS OF A RECIPIENT'S AFDC TO EMPLOYERS TO SUPPLEMENT WAGES PAID TO THE RECIPIENT; TO DIRECT THE GENERAL ASSEMBLY TO PROVIDE A TAX CREDIT TO EMPLOYERS WHO HIRE AFDC RECIPIENTS; TO REQUIRE STATE AGENCIES TO TARGET AFDC RECIPIENTS FOR EMPLOYMENT; TO ENHANCE SERVICES TO TEEN PARENTS; TO REQUIRE NONCUSTODIAL PARENTS OF CHILDREN RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAM; TO DIRECT SPENDING FIFTY PERCENT OF JOB TRAINING AND PARTNERSHIP ACT FUNDS ON AFDC RECIPIENTS; TO REQUIRE COUNTY DEPARTMENT OF SOCIAL SERVICES OFFICES TO ESTABLISH EDUCATION AND TRAINING GOALS; TO REQUIRE AFDC RECIPIENTS TO PARTICIPATE IN FAMILY SKILLS TRAINING; TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER A NONCUSTODIAL PARENT OF A CHILD RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAMS; TO LIMIT AFDC ASSISTANCE TO TWENTY-FOUR OUT OF ONE HUNDRED TWENTY MONTHS AND SIXTY MONTHS IN A LIFETIME AND TO PROVIDE EXCEPTIONS; TO REVISE REQUIREMENTS FOR MANDATORY PARTICIPATION IN A WORK PROGRAM; TO REVISE INCOME AND ASSET LIMITS FOR AFDC ELIGIBILITY; TO PROHIBIT INCREASING AFDC BENEFITS WHEN A CHILD IS BORN INTO AN AFDC FAMILY; TO REQUIRE AFDC RECIPIENTS TO ENTER A DRUG OR ALCOHOL PROGRAM UNDER CERTAIN CONDITIONS; TO REQUIRE AFDC RECIPIENTS WHO ARE MINORS TO MAINTAIN SATISFACTORY SCHOOL ATTENDANCE AND TO LIVE IN THE HOMES OF THEIR PARENTS AND TO PROVIDE EXCEPTIONS; TO REVISE CERTAIN ABSENT PARENT AFDC ELIGIBILITY REQUIREMENTS; TO EMPHASIZE PROVIDING SERVICES TO THE FAMILY AS A WHOLE; TO REQUIRE AFDC RECIPIENTS TO PROVIDE ADDITIONAL INFORMATION ON FATHERS AS A CONDITION OF ELIGIBILITY; TO REVISE THE AMOUNT OF CHILD SUPPORT GIVEN TO AN AFDC RECIPIENT THAT IS COLLECTED BY THE DEPARTMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 20-7-936 SO AS TO REQUIRE THE PARENT OF A CHILD TO SUPPORT A GRANDCHILD IF THE PARENT OF THE GRANDCHILD IS UNDER EIGHTEEN YEARS OF AGE; TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 3 BY ADDING PART II SO AS TO AUTHORIZE AND PROVIDE PROCEDURES FOR THE ENFORCEMENT OF CHILD SUPPORT THROUGH THE REVOCATION OF BUSINESS, OCCUPATIONAL, AND PROFESSIONAL LICENSES, DRIVERS' LICENSES, COMMERCIAL AND RECREATIONAL HUNTING, FISHING, AND TRAPPING LICENSES AND WATERCRAFT REGISTRATIONS; TO AMEND TITLE 20, CHAPTER 7 BY ADDING ARTICLE 32 SO AS TO ESTABLISH AND PROVIDE PROCEDURES FOR THE ESTABLISHMENT AND ENFORCEMENT OF PATERNITY AND CHILD SUPPORT THROUGH AN ADMINISTRATIVE PROCESS; TO AMEND SECTION 43-5-65, RELATING TO ELIGIBILITY FOR AFDC, SO AS TO REVISE CERTAIN REQUIREMENTS AND TO EXTEND CERTAIN REQUIREMENTS TO ELIGIBILITY FOR MEDICAID; TO AMEND SECTION 43-5-590, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT CONCERNING THE CHILD SUPPORT PLAN, SO AS TO INCLUDE IN RIGHTS ASSIGNED TO THE STATE THE ASSIGNMENT OF THE RIGHT TO COLLECT HEALTH CARE EXPENSES AND MEDICAID REIMBURSEMENT; TO AMEND SECTION 44-7-77, RELATING TO ESTABLISHMENT OF THE IN-HOSPITAL PATERNITY ACKNOWLEDGMENT PROGRAM, SO AS TO FURTHER PROVIDE FOR PROCEDURES TO OBTAIN ACKNOWLEDGMENTS AND TO REQUIRE CERTAIN INFORMATION TO BE SUBMITTED; TO AMEND SECTION 44-63-165, RELATING TO AMENDING BIRTH CERTIFICATES ON ACKNOWLEDGMENT OF PATERNITY, SO AS TO AUTHORIZE THE DEPARTMENT TO RECEIVE A PATERNITY ACKNOWLEDGMENT AT NO CHARGE UPON REQUEST FOR ESTABLISHING CHILD SUPPORT OBLIGATIONS; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR WAIVERS FROM THE FEDERAL GOVERNMENT TO IMPLEMENT CERTAIN PROVISIONS OF THIS ACT; AND TO DESIGNATE SECTIONS 20-70-840 THROUGH 20-7-938 AS PART I, SUBARTICLE 3, ARTICLE 9, CHAPTER 7, TITLE 20 AND NAMED "CHILD SUPPORT PROCEEDINGS AND ENFORCEMENT".
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:

/Part I
State Welfare Policy

SECTION   1.   This act may be cited as the South Carolina Family Independence Act of 1995.

SECTION   2.   It is the policy of this State that personal responsibility and parental responsibility must be met if citizens are to attain independence. Further, it is the policy of this State that the welfare system must be based upon a reciprocal agreement between welfare recipients and taxpayers. There also must exist a common goal and vision between the parties, working together at the community level to make life better for all. It must assist families to become economically independent, provide tools to achieve and maintain self-sufficiency, and deter abuse of the system through fair and meaningful sanctions.

Part II
Definitions

SECTION   1.   As used in this act:

(1)   'Aid to Families with Dependent Children' or 'AFDC' means cash payments or stipends paid to individuals who meet established eligibility criteria.

(2)   'Department' means the South Carolina State Department of Social Services.

(3)   'Welfare' means cash assistance payments through the Aid to Families with Dependent Children program which must be provided as a stipend to assist families to become employed.

Part III
Employment and Training

SECTION   1.   It is the mandate of the General Assembly that the welfare system in South Carolina be restructured to assist families in poverty to become socially and economically independent. It is the purpose and goal of this legislation to establish the reform of the welfare system as a critical priority for the state and all of its agencies. Cooperation and innovation within and among all state agencies is necessary for the achievement of this goal. The office of the governor shall designate the lead agency for purposes of coordination and the avoidance, where practical, of duplication of services. The State Department of Social Services is mandated to fundamentally change its economic services operation to emphasize employment and training with a minor welfare component. To that end, the department shall expand its employment and training program statewide and shall, to the extent possible, coordinate with the existing resources of other state agencies when they are available and it is cost efficient to do so. The agency shall assist welfare recipients to maximize their strengths and abilities to become gainfully employed. Welfare assistance must be provided as a stipend to a family unit as long as there is satisfactory participation in required employment and training activities.

SECTION   2.   (A)   To emphasize the reciprocal responsibility that exists between welfare recipients and the taxpayers who pay for welfare, an agreement must be signed by each adult AFDC recipient. If a minor mother is living in the home of her parents or guardian, the minor mother and her parent or guardian must sign the agreement. The agreement shall describe the actions the recipient must take to become employed and the time frames for completing these actions. The agreement also shall describe the services the department shall provide or coordinate to assist the recipient in becoming employed. The department shall place a major emphasis on job development and on maximizing employment opportunities within the State. Assistance must be provided by the department's job development specialists who shall work with the private business and industrial community to match welfare recipients with available jobs. Assistance also shall include job clubs, job coaches, financial planners, and personal, social, and work adjustment training specialists and authorizes the department to locate, identify, and contract for employment for and on behalf of AFDC recipients.

(B)   An applicant who appears to be eligible for welfare assistance and who would be required to participate or who volunteers to participate in the department's employment and training program must be referred to an employment and training unit. An applicant referred must conduct an initial job search and shall provide evidence of this search by listing the employer contacted, the date of the visit with the employer, and the name and telephone number of the person with whom the applicant spoke. An applicant who does not provide this information must not be approved for assistance until the information is provided. An employment assessment must be conducted on an applicant who is unsuccessful in securing employment to determine if the applicant is job ready. An applicant who has been employed twelve out of the previous twenty-four months or who has graduated from high school or has obtained a GED must be considered job ready and must be enrolled in a job club. Following participation in a job club, the applicant must conduct a job search for an additional period of no more than sixty days or until the applicant obtains employment, whichever occurs first. An applicant who is not job ready or a job ready participant who is unsuccessful in the job search must be evaluated for barriers to employment. An individual agreement containing training and employment requirements must be developed for the participant. For purposes of this subsection "job club" means a group or individual job readiness training sessions where participants learn job finding and job retention skills.

(C)   All services provided shall complement and maximize existing resources within state agencies and within the private business community. Services to be provided or coordinated by the department include, but are not limited to, assistance with child care and transportation, enrollment in literacy classes, adult education classes, General Equivalency Diploma classes, enrollment in technical schools, vocational training, work experience, and on-the-job training. Additionally, recipients shall participate in activities designed to assist them in job interviews and successful employment. The department shall provide information to applicants and recipients regarding the advantages of participation in the employment and training programs. The department also shall market its training and employment program to education and training program providers and to employers.

(D)   The department through its training programs shall provide information about the value of family planning services to reproductive age participants and shall require training program placement staff to actively seek the participation of employers or potential employers in an agreement which permits an AFDC recipient time off from work, not to exceed four hours, at least once a year to voluntarily seek family planning services from a provider of the AFDC recipient's choice without fear of losing their job or of other reprisals.

SECTION   3.   The Employment Security Commission shall provide the department up-to-date labor market information to assist department employment and training staff in the development of recipient employment goals and training plans to be outlined in individual agreements. The Employment Security Commission also, through contractual agreement, shall provide the South Carolina Occupational Information System to each of the department's local offices to assist with career counseling and career planning activities. To the extent possible, all other state agencies shall provide the department with access to appropriate economic and demographic data concerning AFDC applicants and recipients.

SECTION   4.   The department may provide, as appropriate, relocation assistance to families who live in communities where few job opportunities exist. Assistance may be provided to assist recipients in accessing jobs which maximize their skills and abilities.

SECTION   5.   To maximize employment opportunities for welfare recipients and to provide for additional job training and placement
efforts, instead of making cash assistance payments to AFDC recipients, these payments or some portion of these payments may be paid as a wage subsidy or given as a tax credit to employers offering new jobs as a result of a new business or an expansion of an existing business, subject to the guidelines of the department.

SECTION   6.   Chapter 7, Title 12 of the 1976 Code is amended by adding:

"Section 12-7-1280.   (A)   A taxpayer, who employs a person who within twelve months of becoming employed received Aid to Families with Dependent Children and who continuously has remained employed for twelve months is allowed a credit against taxes due under this chapter for wages paid to the employee in an amount equal to:

(1)   twenty percent of wages up to five thousand dollars paid for the first year of employment;

(2)   fifteen percent of wages up to five thousand dollars paid for the second year of employment;

(3)   ten percent of wages up to five thousand dollars paid for the third year of employment.

(B)   The tax credit provided by subsection (A) shall not be allowed unless the taxpayer also makes available health care coverage for the benefit of each employee for which the credit is claimed.

(C)   The Department of Social Services and the South Carolina Employment Security Commission must make information available to employers interested in hiring AFDC recipients and must provide documentation to employers verifying a person's status as an AFDC recipient.

(D)   This section applies to tax years beginning after 1994.

(E)   No tax credit may be taken under this section if the position filled by the former AFDC recipient was made available due to the termination or forced resignation of an employee for the purpose of obtaining the tax credit. Nothing in this section creates a private cause of action which does not otherwise exist at law."

SECTION   7.   Each state agency shall establish recruitment and hiring goals which shall target ten percent of all jobs requiring a high school diploma or less to be filled with welfare or food stamp recipients. A question concerning receipt of AFDC benefits or food stamps may be added to the state employment application for purposes of targeting these applicants. Each agency annually shall report to the department the number of welfare recipients employed in comparison to the established goal.

SECTION   8.   The department, as part of the employment and training program, shall provide special educational and related services for teen parents to assist them in becoming economically independent and to provide health information. This teen parent initiative must be staffed by department personnel familiar with school drop out programs, family planning programs which comply with existing law, and parent effectiveness training programs, and whenever possible and practical, the department shall coordinate with comparable staff of other state and local agencies in providing these services.

SECTION   9.   To expand available job training activities for AFDC recipients, the Governor may target future incentive funds under Title II-A of the Job Training and Partnership Act in such a way as to encourage the service delivery areas and local private industry councils to increase service levels and improve performance outcomes related to services to AFDC recipients.

SECTION   10.   To emphasize the importance of education, training, and employment in restructuring the welfare system, the department shall establish goals for the placement and retention of AFDC recipients in employment programs for each county welfare office. These goals must be reflected in the Employee Performance Evaluation of all appropriate department employees.

SECTION   11.   (A)   To emphasize the necessity of each family achieving independence and self-sufficiency, if an AFDC recipient fails without good cause to comply with the employment and training requirements contained in the agreement entered into between the recipient and the State Department of Social Services, the department shall:

(1)   grant a thirty-day conciliation period for the recipient to reconsider the decision not to comply with the terms of the agreement. During this thirty-day period, the recipient has the right to appeal the department's decision to impose sanctions. At the end of this thirty-day period if the conciliation/fair hearing decision was not in the recipient's favor, all AFDC benefits must be terminated. Benefits may be reinstated when the recipient agrees to comply according to the terms of the agreement and demonstrates willingness to comply by participating in the employment and training program for a period of thirty days;

(2)   terminate all AFDC benefits if the recipient completes the training requirements contained in the agreement and then refuses an offer of employment.

(B)   A recipient has good cause for failing to comply with the employment and training provisions of the agreement if the recipient is:

(1)   a parent or caretaker relative with a child under one year of age; however, custodial parents under age twenty-five who have not completed their high school education are required to comply with these provisions regardless of the age of the child;

(2)   at least six months pregnant and the pregnancy is verified by a qualified licensed health care provider;

(3)   incapacitated and the incapacity is verified by a physician, and if the department considers it necessary, confirmed by an assessment performed by the Department of Vocational Rehabilitation, as a physical or mental impairment that prevents the recipient from engaging in gainful employment or participating in education or training;

(4)   caring for an incapacitated person whose incapacity has been verified by a physician and if the department considers it necessary, confirmed by an assessment performed by the Department of Vocational Rehabilitation;

(5)   unable to participate because child care and reasonable transportation were not provided when needed for participation in employment and training programs.

SECTION   12.   As a condition of eligibility for AFDC benefits, each adult recipient and minor mother recipient must participate in a family skills training program which must include, but is not limited to, parenting skills, financial planning, and health information. Whenever possible and practical, the department shall coordinate with comparable staff of other state and local agencies in providing these services.

This program must include an alcohol and other drug assessment when it is determined by the department that an assessment is appropriate. The department shall coordinate with the Department of Alcohol and Other Drug Abuse Services to provide the proper assessment of the recipient and training of the department personnel who are to conduct the assessment. If the recipient is determined to be in need of alcohol and other drug abuse treatment, the department shall coordinate the services with the Department of Alcohol and Other Drug Abuse Services and shall include the individually determined terms and conditions of the treatment in the recipient's agreement with the department.

This program must include a family planning assessment if it is determined by the department that an assessment is appropriate. The department shall coordinate with the Department of Health and Environmental Control to provide the AFDC family with education, evaluation, and counseling, consistent with Medicaid regulations. State funds appropriated for family planning must not be used to pay for an abortion.

SECTION   13.   Section 20-7-420 of the 1976 Code, as last amended by an act of 1995 bearing ratification number 585 of 1994, is further amended by adding an appropriately numbered item to read:

"( )   to order a person required to pay support under a court order being enforced under Title IV-D of the Social Security Act who is unemployed or underemployed and who is the parent of a child receiving AFDC benefits to participate in an employment training program or public service employment pursuant to regulations promulgated by the department. The Division of Child Support Enforcement of the State Department of Social Services also has jurisdiction under this item in cases under Title IV-D of the Social Security Act brought pursuant to Article 32, Chapter 7, Title 20 of the 1976 Code."

SECTION   14.   The 1976 Code is amended by adding:

"Section 20-7-873. Notwithstanding any other provision of law, a court or administrative order for child support or order for contempt for nonpayment of child support being enforced under Title IV-D of the Social Security Act may direct a noncustodial parent who is unemployed or underemployed and who is the parent of a child receiving Aid to Families with Dependent Children benefits to participate in an employment training program or public service employment. Upon failure of the noncustodial parent to comply with an order of contempt which directed the noncustodial parent to participate in the employment training program or public service employment, the Family Court, upon receiving an affidavit of noncompliance from the department, immediately may issue a bench warrant for the arrest of the noncustodial parent. The Department of Social Services shall promulgate regulations governing the eligibility criteria and implementation of these training programs and public service employment."

SECTION   15.   The Department of Social Services shall seek federal funds for entrepreneurial development so that AFDC clients can create jobs and provide incentives for AFDC clients in their efforts to attain self-sufficiency and independence. The department shall identify markets for entrepreneurial development for AFDC clients, provide clients with job skills and opportunities to develop expertise in operating businesses, and allow clients to accrue savings, buy stock in a business, or, over a period of time, purchase a business. In carrying out this program the department shall work in conjunction with public, community, and private sector entities including businesses, banks, and other institutions to develop strategies that provide training, technical assistance, planning, and research to AFDC clients in their efforts to own their own businesses.

SECTION   16.   In order to assure that all families working toward self sufficiency have access to all potential supportive services that will help ensure their success, the department, within existing revenues, may develop outreach and information programs which provide information and assistance on support services available to low income families including, but not limited to, information on earned income tax credits and medicaid eligibility.

SECTION   17.   To promote independence and assist AFDC families in participating in the Department of Social Services employment and training program and in getting to their place of employment, reliable transportation services are needed. The department in conjunction with the Department of Public Safety shall endorse local efforts to develop a statewide network of mass transit systems.

SECTION   18.   (A)   To promote stability and longevity in employment, the department shall apply to the federal government for a waiver authorizing transitional Medicaid and child care for one additional year for AFDC clients who lose eligibility because of employment or who become employed after losing eligibility as a result of exceeding the twenty-four month time limit set out in Part IV, Section 1 for two years and whose earnings are less than poverty and whose continued employment would be jeopardized by medical expenditures. If this waiver is denied, the department shall apply to the federal government for a waiver authorizing a grant of three percent of the maximum family grant and supportive services of Medicaid and child care for one year from the date that the benefits would otherwise end for an employed AFDC recipient who would otherwise be ineligible because of income or from the date that a former recipient who had been found ineligible for exceeding the twenty-four month time limit set out in Part IV, Section 1, begins employment. Benefits provided under this section do not count against the twenty-four month time limit set out in Part IV, Section 1.

(B)   If a former recipient's employer offers or provides health insurance coverage for the former recipient and/or the former recipient's family at an out-of-pocket cost to the former recipient which is less than ten percent of the former recipient's wages after deducting Federal Income Collection Act contributions, no Medicaid coverage may be provided to a family member who could be covered under the employer-provided insurance plan.

  Part IV

Welfare Caps and Financial Eligibility

SECTION   1.   To emphasize that welfare is temporary assistance in time of trouble, the department shall apply to the federal government for a waiver authorizing assistance in the Aid to Families with Dependent Children Program (AFDC) to be limited to no more than twenty-four months out of one hundred and twenty months and no more than sixty months in a lifetime except when:

(1)   the head of household is permanently or totally disabled, whether physical or mental;

(2)   the head of household is providing full-time care for a disabled individual in the home;

(3)   the parent of the child for whom assistance is received is a minor under the age of eighteen who has not completed high school. Assistance must be provided for a period of up to twenty-four months after the minor parent attains the age of eighteen or completes high school, whichever occurs first;

(4)   the individual is involved in an approved training program which will not be completed by the twenty-fourth month. However, no extension may be granted beyond the thirtieth month except with the express permission of the county director;

(5)   the adult head of household is not the parent of the child and is not included in the assistance check;

(6)   the adult head of household is providing a home for and caring for a child whom the department has determined to be abandoned by his or her parents and for whom the alternative placement is foster care;

(7)   child care or transportation is not reasonably available.

(8)   The recipient can establish by clear and convincing evidence to the department that the recipient has fully complied with the recipient's agreement with the department including:

(a)   diligently seeking all available employment and following up on all employment opportunities known to the Employment Security Commission or related state agencies for which the recipient is qualified;

(b)   demonstrating a willingness to relocate as provided in Part III, Section 4;

(c)   cooperating fully with all state agencies in order to strive to become gainfully employed; and the department is satisfied that no available employment reasonably exists for the recipient and that there is no other means of support reasonably available to the recipient's family. Every sixty days the department shall conduct a review of the recipient's compliance with the requirements of this item. Under this review, assistance provided pursuant to this item may only be extended for up to an additional twelve months. At the end of the twelve-month extension, assistance may only be provided with the express permission of the county director who must certify that the person is engaged in education, training, or other employment-related activities.

No sooner than sixty and no later than ninety days after an AFDC recipient's benefits are terminated under the time limits for the receipt of AFDC as provided for in this section, the department shall conduct an assessment of and make recommendations, as appropriate, for the health and well-being of the children in the care and custody of the former AFDC recipient.

SECTION   2.   AFDC recipients must be encouraged to voluntarily participate in a work program when their youngest child reaches the age of six months, but in all cases the recipients must participate in a work program once their youngest child reaches age one.

SECTION   3.   The asset limit for families on AFDC is ten thousand dollars book value for a vehicle and a total of two thousand five hundred dollars for all other assets.

SECTION   4.   Families on AFDC and those not receiving welfare but whose household income falls below one hundred eighty-five percent of the federal poverty level may own an Individual Development Account. Contributions to and interest on these accounts are tax free, and a recipient may accrue up to ten thousand dollars in the account. Withdrawals used for education or job training or to start a business or to purchase a home are tax free. Withdrawals for other purposes are not tax free.

The State shall seek a waiver from the federal government providing that no lump sum payment of ten thousand dollars or less deposited in an Individual Development Account within thirty days of receipt will make the family ineligible for receipt of AFDC.

SECTION   5.   To remove the disincentive to employment that occurs when a family's AFDC payment is reduced because of a minor child's earnings and to encourage children in AFDC families to develop positive work attitudes, the State shall apply to the federal government for a waiver to exclude income earned by a minor child attending school when determining eligibility or payment amount for aid to families with dependent children.

SECTION   6.   In order to assist AFDC families in gaining financial independence and in building for the future, the Department of Social Services shall apply to the federal government for a waiver allowing the State to exclude interest income and dividends up to four hundred dollars in determining eligibility and payment amounts for Aid to Families with Dependent Children.

Part V
Parental Responsibility

SECTION   1.   To encourage parents to plan for security and assume responsibility for their children, there must be no incremental increase in AFDC benefits to a family as a result of a child born to that parent ten or more months after the family begins to receive AFDC. This section does not apply if the department establishes that the child was conceived as a result of rape or incest. The State may provide benefits to a child born after ten months in the form of vouchers that may be used only to pay for particular goods and services specified by the State as needed for the child's mother to participate in education training and employment related activities.

SECTION   2.   An AFDC recipient who, while receiving AFDC benefits, has been identified as requiring alcohol and other drug abuse treatment service or who has been convicted of an alcohol related offense or a controlled substance violation or gives birth to a child with evidence of the effects of maternal substance abuse and the child subsequently is shown to have a confirmed positive test performed on a suitable specimen within twenty-four hours of birth, is ineligible for AFDC assistance unless the recipient submits to random drug tests and/or participates in an alcohol or drug treatment program approved by the Department of Alcohol and Other Drug Abuse Services. Upon completion of the program, if a subsequent random test or subsequent conviction for a controlled substance violation or alcohol related offense occurs, the recipient is ineligible for AFDC benefits. Benefits may be reinstated at a later time upon reapplication, if the recipient first undergoes a conciliation assessment, including review and/or modification of the prescribed individual treatment program and agreement, and then agrees to comply with its terms and demonstrates compliance for a period of not less than sixty days. Testing of a child's specimen pursuant to this section must be conducted by a medical laboratory certified by the College of American Pathologists or the National Institute of Drug Abuse for Forensic Urine Drug Testing.

SECTION   3.   Welfare recipients under the age of eighteen must be enrolled and maintain satisfactory attendance, as defined by the Department of Education, in school as a condition of eligibility for benefits.

SECTION   4.   (A)   Minor mothers with a child born out of wedlock must live in the home of their parent or guardian to be eligible to receive AFDC benefits unless:

(1)   the minor parent has no living parent or legal guardian whose whereabouts is known;

(2)   no living parent or legal guardian of the minor parent allows the minor parent to live in his or her home;

(3)   the minor parent lived apart from his or her own parent or legal guardian for a period of at least one year before either the birth of the dependent child or the parent's having applied for AFDC;

(4)   the physical or emotional health or safety of the minor parent or dependent child would be jeopardized if they resided in the same residence with the minor parent's parent or legal guardian;

(5)   there is otherwise good cause for the minor parent and dependent child to receive assistance while living apart from the minor parent's parent or legal guardian or another adult relative or an adult supervised supportive living arrangement.

(B)   If a minor parent makes an allegation supporting the conclusion that subsection (A)(4) applies, the department shall determine whether it is justified. Circumstances justifying a determination of good cause as provided for in subsection (A)(5) include, but are not limited to, written statements from at least two corroborating persons showing that it is not in the best interest of the minor parent to live with his or her parents or legal guardian or in an adult supervised supportive living arrangement. When a minor parent and his or her dependent child are required to live with the minor parent's parent or legal guardian or another adult relative or in an adult supervised supportive living arrangement, AFDC must be paid, where possible, in the form of a protective payment. A minor parent applicant must be informed directly about AFDC eligibility requirements including his or her rights under this section. The applicant must be told of the exemptions and must be asked if one or more of the exemptions is applicable to the applicant. The department shall assist the minor in obtaining the necessary verification if one or more of these exemptions is alleged.

SECTION   5.   To eliminate restrictions that break up families and to encourage the formation of new families, the department shall remove the requirement that a child be deprived of support from one or both parents to be eligible for assistance and shall remove the one hundred hour rule and the recent connection to the labor force rule.

SECTION   6.   To further strengthen the family unit and promote parental responsibility, emphasis must be placed on serving the family as a whole. Immunizations, school attendance, preventive health screenings, and pregnancy prevention programs as authorized by law for minor children must be monitored and encouraged.

SECTION   7.   The State shall apply for a federal waiver to require AFDC and Medicaid applicants and recipients as an additional condition for receiving benefits to provide:

(1)   the first and last name of the absent parent and putative father and any known licenses as defined in Section 20-7-941(4) which might be subject to revocation; and

(2)   at least two of the following subitems on each absent parent and each putative father named:

(a)   date of birth;

(b)   social security number;

(c)   last known home address;

(d)   last known employer's name and address;

(e)   either of the absent parent's parent's name and address.

An applicant or recipient who fails to provide this information or who provides the names of two putative fathers, both of whom are excluded from paternity by genetic testing, is ineligible for assistance for himself or herself and the child for whom parental information was not provided unless the applicant or recipient asserts, and the department verifies, there is good cause for not providing this information. Good cause includes documentation of incest, rape, or the existence or the threat of physical abuse to the child or custodial parent.

Upon legal establishment of paternity of the child in question, AFDC benefits may be established or reinstated if all other eligibility requirements are met.

SECTION   8.   From the amounts collected by the South Carolina State Department of Social Services for children and the parents of such children who are currently recipients of Aid to Families with Dependent children (AFDC), pursuant to Section 43-5-220 of the 1976 Code, the department may distribute these amounts as follows:

(1)   of amounts collected which represent monthly monetary support obligations, the first seventy-five dollars of the monthly payment must be paid to the AFDC family and thereafter must be increased up to the amount of the monthly support obligation;

(2)   if the amount collected is in excess of the amounts required to be distributed under item (1), the excess must be retained by the department as reimbursement for AFDC payments made to the family for which the State has not been reimbursed. Of the amount retained by the department, the department shall determine the federal government's share so that the department may reimburse the federal government, if required, to the extent of its participation in the financing of the AFDC payment.

(3)   if the amount collected is in excess of the amounts required to be distributed under (1) and (2) the family must be paid the excess.

(4) payments made to the family in item (1) may not be used in determining the amount paid, if any, in AFDC or other welfare benefits.

SECTION   9.   To assist AFDC families in directing their efforts to becoming economically stable and financially independent rather than diverting their resources to the care of children and family members with health and medical problems, the State, through coordination and cooperation among various agencies utilizing current resources, must:

(1)   provide greater access to and place more emphasis on early and continuous prenatal care;

(2)   eliminate as many barriers to good prenatal care as possible;

(3)   establish teen parent initiatives dealing with school drop out programs and parent effectiveness training programs;

(4)   promote counseling and education about early childhood health, especially the need for immunizations;

(5)   foster better access to preventive health services through expanded hours of health care clinics;

(6)   provide, as funding allows, school nurses to increase access to primary care and more effective identification and referral of health care among children.

SECTION   10.   All federal child care funds are needed to ensure that AFDC families can participate successfully in the AFDC program. The State should make every effort to obtain these funds.

  Part VI

Child Support Enforcement Initiatives

SECTION   1.   The 1976 Code is amended by adding:

"Section 20-7-936.   When a child is born to parents, either or both of whom are unmarried and under eighteen years of age, the Child Support Enforcement Division of the State Department of Social Services may pursue support and maintenance of that child from one or both of the child's maternal and paternal grandparents as long as the parent of the child is under eighteen years of age."

SECTION   2.   Title 20, Chapter 7, Article 9, Subarticle 3 of the 1976 Code is amended by adding:

  "Part II

Child Support Enforcement
Through License Revocation

Section 20-7-940.   In addition to other qualifications necessary for holding a license, an individual who is under an order for child support also is subject to the provisions of this part.

Section 20-7-941.   (A)   As used in this part:

(1)   'Arrearage' means the total amount overdue under an order of support.

(2)   'Compliance with an order for support' means that pursuant to an order for support the person required to pay under the order is in arrears no more than an amount equal to two months' support obligation.

(3)   'Division' means the Child Support Enforcement Division of the State Department of Social Services. Enforcement of the State Department of Social Services.

(4)   'License' means:

(a)   a certificate, license, credential, permit, registration, or any other authorization issued by a licensing entity that allows an individual or is required of an individual to engage in a business, occupation, or profession and includes, but is not limited to, a medical license, teaching certificate, commission and certificate of training from the South Carolina Criminal Justice Academy for a sworn law enforcement officer, and a hunting, fishing, or trapping license for commercial use;

(b)   a driver's license and includes, but is not limited to, a beginner's or instruction permit, a restricted driver's license, a motorcycle driver's license, or a commercial driver's license;

(c)   a hunting, fishing, or trapping license for recreational purposes;

(d)   a watercraft registration.

'License' does not include the authority to practice law; however, the Supreme Court may consider as an additional ground for the discipline of members of the bar the wilful violation of a court order including an order for child support and the department has grounds to file a grievance with the Supreme Court if a licensed attorney is in wilful violation of a court order for child support.

(5)   'Licensee' means an individual holding a license issued by a licensing entity.

(6)   'Licensing entity' or 'entity' means, for the purposes of issuing or revoking a license, a state agency, board, department, office, or commission that issues a license.

(7)   'Order for support' means an order being enforced by the division under Title IV-D of the Social Security Act and which provides for periodic payments of funds for the support of a child or maintenance of a spouse or former spouse and support of a child, whether temporary or final and includes, but is not limited to, an order for reimbursement for public assistance or an order for making periodic payments on a support arrearage.

Section 20-7-942.   If a licensee is out of compliance with an order for support, the licensee's license must be revoked unless within ninety days of receiving notice that the licensee is out of compliance with the order, the licensee has paid the arrearage owing under the order or has signed a consent agreement with the division establishing a schedule for payment of the arrearage.

Section 20-7-943.   The division shall obtain information on licensees pursuant to Section 20-7-944 for the purposes of establishing, enforcing, and collecting support obligations.

Section 20-7-944.   In the manner and form prescribed by the division, all licensing entities monthly shall provide the division information on licensees for use in the establishment, enforcement, and collection of child support obligations including, but not limited to:

(1)   name;

(2)   address of record;

(3)   social security number;

(4)   employer's name and address;

(5)   type of license;

(6)   effective date of license or renewal;

(7)   expiration date of license;

(8)   active or inactive license status.

Section 20-7-945.   (A)   The division shall review the information received pursuant to Section 20-7-944 and determine if a licensee is out of compliance with an order for support. If a licensee is out of compliance with the order for support, the division shall notify the licensee that ninety days after the licensee receives the notice of being out of compliance with the order, the licensing entity will be notified to revoke the licensee's license unless the licensee pays the arrearage owing under the order or signs a consent agreement establishing a schedule for the payment of the arrearage.

(B)   Upon receiving the notice provided for in subsection (A), the licensee may:

(1)   request a review with the division; however, issues the licensee may raise at the review are limited to whether the licensee is the individual required to pay under the order for support and whether the licensee is out of compliance with the order of support; or

(2)   request to participate in negotiations with the division for the purpose of establishing a payment schedule for the arrearage.

(C)   The division director or the division director's designees are authorized to and upon request of a licensee shall negotiate with a licensee to establish a payment schedule for the arrearage. Payments made under the payment schedule are in addition to the licensee's ongoing obligation under the order for support.

(D)   Upon the division and the licensee reaching an agreement on a schedule for payment of the arrearage, the division director shall submit to the court a consent order containing the payment schedule which upon the court's approval is enforceable as any order of the court. If the court does not approve the consent order, the court may require a hearing on a case by case basis for the judicial review of the payment schedule agreement.

(E)   If the licensee and the division do not reach an agreement establishing a schedule for payment of the arrearage, the licensee may petition the court to establish a payment schedule. However, this action does not stay the license revocation procedures.

(F)   The notification given a licensee that the licensee's license will be revoked in ninety days clearly must state the remedies and procedures available to a licensee under this section.

(G)   If at the end of the ninety days the licensee still has an arrearage owing under the order for support or the licensee has not signed a consent agreement establishing a payment schedule for the arrearage, the division shall notify the licensing entity to revoke the licensee's license. A license only may be reinstated if the division notifies the licensing entity that the licensee no longer has an arrearage or that the licensee has signed a consent agreement.

(H)   Upon notice of the revocation the licensee may appeal the licensing entity's action under the Administrative Procedures Act. However, on appeal the licensee is limited to the issues of whether the licensee is the individual required to pay under the order for support and whether the licensee is out of compliance with the order of support. An appeal from the decision of the licensing entity may be taken as any other appeal from a decision of the licensing entity.

(I)   If a licensee under a consent order entered into pursuant to this section, for the payment of an arrearage subsequently is out of compliance with an order for support, the division immediately may notify the licensing entity to revoke the license and the procedures provided for under subsection (B) do not apply; however the appeal provisions of subsection (H) apply. If upon revocation of the license the licensee subsequently enters into a consent agreement or the licensee otherwise informs the department of compliance, the department shall notify the licensing entity within fourteen days of the determination of compliance and the license must be reissued.

(J)   Notice required to the licensee under this section must be deposited in the United States mail with postage prepaid and addressed to the licensee at the last known address. The giving of the notice is considered complete ten days after the deposit of the notice. A certificate that the notice was sent in accordance with this part creates a presumption that the notice requirements have been met even if the notice has not been received by the licensee.

(K)   Nothing in this section prohibits a licensee from filing a petition for a modification of a support order or for any other applicable relief. However, no such petition stays the license revocation procedure.

(L)   If a license is revoked under this section, the licensing entity is not required to refund any fees paid by a licensee in connection with obtaining or renewing a license, and any fee required to be paid to the licensing entity for reinstatement after a license revocation applies.

Section 20-7-946.   (A)   Information provided to a licensing entity pursuant to this section is subject to disclosure in accordance with the Freedom of Information Act.

(B)   A person who releases information received by a licensing entity pursuant to this section, except as authorized by this section or another provision of law, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.

Section 20-7-947.   The State Department of Social Services may enter into interagency agreements with licensing entities necessary to implement this part. These agreements shall provide for the receipt of federal funds by a licensing agency to cover that portion of costs allowable in federal law and regulation and incurred by the licensing agency in implementing this part. Notwithstanding any other provision of law, revenue generated by a licensing agency must be used to fund the nonfederal share of costs incurred pursuant to this part. These agreements shall provide that a licensing agency shall reimburse the State Department of Social Services for the nonfederal share of costs incurred by the State Department of Social Services in implementing this part. An agency shall reimburse the State Department of Social Services for the nonfederal share of costs incurred pursuant to this part from monies collected from licensees.

Section 20-7-948.   The State Department of Social Services shall promulgate regulations necessary to carry out this part and shall consult with licensing entities in developing these regulations."

SECTION   3.   Title 20, Chapter 7 of the 1976 Code is amended by adding:

"Article 32
Administrative Process for Establishing
and Enforcing Paternity and Child Support

Section 20-7-9505.   Notwithstanding Section 20-7-420 and any other provision of law, the Division of Child Support Enforcement of the Department of Social Services also has jurisdiction to establish paternity and to establish and enforce child support in cases brought pursuant to Title IV-D of the Social Security Act in accordance with this article.

Section 20-7-9510.   As used in this article, unless the context otherwise requires:

(1)   'Arrears' or 'arrearages' means amounts of past-due and unpaid monthly support obligations established by court or administrative order.

(2)   'Costs of collections' means costs as provided for in Section 20-7-1440 in addition to the monthly support obligation.

(3)   'Court' or 'judge' means any court or judge in this State having jurisdiction to determine the liability of persons for the support of another person.

(4)   'Custodian' means a parent, relative, legal guardian, or other person or agency having physical custody of a child.

(5)   'Dependent child' means a person who is legally entitled to or the subject of a support order for the provision of proper or necessary subsistence, education, medical care, or other care necessary for the person's health, guidance, or well-being who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States.

(6)   'Director' means the Director of the Child Support Enforcement Division of the State Department of Social Services.

(7)   'Division' means the Child Support Enforcement Division of the State Department of Social Services.

(8)   'Duty of support' means a duty of support imposed by law, by order, decree, or judgment of any court or by administrative order, whether interlocutory or final, or whether incidental to an action for divorce, separation, separate maintenance, or otherwise. 'Duty of support' includes the duty to pay a monthly support obligation, a child support debt, and any arrearages.

(9)   'Monthly support obligation' means the monthly amount of current child support that an obligor is ordered to pay by the court or by the division pursuant to this article.

(10)   'Obligee' means a person or agency to whom a duty of support is owed or a person or agency having commenced a proceeding for the establishment or enforcement of an alleged duty of support.

(11)   'Obligor' means a person owing a duty of support or against whom a proceeding for the establishment or enforcement of a duty to support is commenced.

(12)   'Order' means an administrative order that involves the establishment of paternity and/or the establishment and enforcement of an order for child support and/or medical support issued by the Child Support Enforcement Division of the State Department of Social Services or the administrative agency of another state or comparable jurisdiction with similar authority.

(13)   'Receipt of notice' means either the date on which service of process of a notice of financial responsibility is actually accomplished or the date on the return receipt if service is by certified mail, both in accordance with one of the methods of service specified in Section 20-7-9520.

Section 20-7-9515.   The director shall issue a notice of financial responsibility to an obligor who owes a child support debt or who is responsible for the support of a child on whose behalf the custodian of that child is receiving support enforcement services from the division pursuant to Title IV-D of the Social Security Act. The notice shall include the following statements and information:

(1)   That the obligor is required to appear at the time and location indicated in the notice for a negotiation conference to determine the obligor's duty of support.

(2)   That the division may issue an order of default setting forth the amount of the obligor's duty of support, if the obligor:

(a)   fails to appear for the negotiation conference as scheduled in the notice; or

(b)   fails to reschedule a negotiation conference before the date and time stated in the notice; or

(c)   fails to send the division a written request for a court hearing before the time scheduled for the negotiation conference.

(3)   That the obligor may request a court hearing within twenty days after the receipt of the notice of financial responsibility pursuant to Section 20-7-9540.

(4)   That the order of default must be filed with the clerk of court of the county in which the notice of financial responsibility was issued; that as soon as the order of default is filed, it shall have all the force, effect, and remedies of an order of the court, including, but not limited to, wage assignment or contempt of court; and that execution may be issued on the order in the same manner and with the same effect as if it were an order of the court.

(5)   No court order for judgment nor verified entry of judgment may be required in order for the clerk of court and division to certify past due amounts of child support to the Internal Revenue Service or State Department of Revenue and Taxation for purposes of intercepting a federal or state tax intercept.

(6)   The name of the custodian of the child on whose behalf support is being sought and the name and birth date of the child.

(7)   That the amount of the monthly support obligation must be based upon the child support guidelines as set forth in Sections 20-7-852 and 43-5-580.

(8)   That the division may issue an administrative subpoena to obtain income information from the obligor.

(9)   The amount of arrears or arrearages which have accrued under an administrative or court order for support.

(10)   That the costs of collections may be assessed against and collected from the obligor.

(11)   That the obligor may assert the following objections in the negotiation conference and that, if the objections are not resolved, the division shall schedule a court hearing pursuant to Section 20-7-9525(C):

(a)   that the dependent child has been adopted by a person other than the obligor;

(b)   that the dependent child is emancipated; or

(c)   that there is an existing court or administrative order for support as to the monthly support obligation.

(12)   That the duty to provide medical support must be established under this article in accordance with the state child support guidelines.

(13)   That an order issued pursuant to this article or an existing order of the court also may be modified under this article in accordance with the Uniform Interstate Family Support Act.

(14)   That the obligor is responsible for notifying the division of any change of address or employment within ten days of the change.

(15)   That, if the obligor has any questions, the obligor should telephone or visit the division.

(16)   That the obligor has the right to consult an attorney and the right to be represented by an attorney at the negotiation conference.

(17)   Other information as set forth in regulations promulgated pursuant to the Administrative Procedures Act.

Section 20-7-9520.     The division shall serve a notice of financial responsibility on the obligor not less than twenty days before the date stated in the notice for the negotiation conference:

(1)   in the manner prescribed for service of process in a civil action; or

(2)   by an employee appointed by the division to serve process; or

(3)   by certified mail, return receipt requested, signed by the obligor only. The receipt is prima facie evidence of service.

Section 20-7-9525.   (A)   An obligor who has been served with a notice of financial responsibility pursuant to Section 20-7-9520 and who does not request a hearing pursuant to Section 20-7-9540 shall appear at the time and location stated in the notice for a negotiation conference or shall reschedule a negotiation conference before the date and time stated in the notice. The negotiation conference must be scheduled not more than sixty days after the date of the issuance of the notice of financial responsibility. A negotiation conference may not be rescheduled more than once without cause and may not be rescheduled for a date more than fifteen days after the date and time stated in the notice without good cause as defined in regulations promulgated pursuant to the Administrative Procedures Act. If a stipulation is agreed upon at the negotiation conference as to the obligor's duty of support, the division shall issue a consent order setting forth:

(1)   the amount of the monthly support obligation and instructions on the manner in which it must be paid;

(2)   the amount of arrearages due and owing and instructions on the manner in which it must be paid;

(3)   the name of the custodian of the child and the name and birth date of the child for whom support is being sought;

(4)   other information as set forth in regulations promulgated pursuant to Section 20-7-9515(17).

(B)   A copy of the consent order issued pursuant to subsection (A) and proof of service must be filed with the Family Court in the county in which the notice of financial responsibility was issued. The clerk shall stamp the date of receipt of the copy of the order and shall assign the order a case number. The consent order shall have all the force, effect, and remedies of an order of the court including, but not limited to, wage assignment and contempt of court. Execution may be issued on the order in the same manner and with the same effect as if it were an order of the court. No court order for judgment nor verified entry of judgment is required in order for the clerk of court and division to certify past-due amounts of child support to the Internal Revenue Service or State Department of Revenue and Taxation for purposes of intercepting a federal or state tax intercept, or credit bureau reporting.

(C)   If no stipulation is agreed upon at the negotiation conference, the division shall file the notice of financial responsibility and proof of service with the clerk of the Family Court in the county in which the notice of financial responsibility was issued, and the matter must be set for a hearing in accordance with Section 20-7-9540.

(D)   The determination of the monthly support obligation must be based on the child support guidelines as set forth in Sections 20-7-852 and 43-5-580.

Section 20-7-9530.   (A)   If an obligor fails to appear for a negotiation conference scheduled in the notice of financial responsibility or fails to reschedule the negotiation conference before the date and time stated in the notice of financial responsibility or if the obligor fails to serve the division with a written request for a court hearing before the time scheduled for the negotiation conference, the division shall issue an order of default in accordance with the notice of financial responsibility. The order of default must be approved by the court and shall include:

(1)   the amount of the monthly support obligation and instructions on the manner in which it must be paid;

(2)   the amount of arrearages due and owing and instructions on the manner in which it must be paid;

(3)   the name of the custodian of the child and the name and birth date of the child for whom support is being sought;

(4)   other information as set forth in regulations promulgated pursuant to the Administrative Procedures Act.

(B)   A copy of an order of default issued pursuant to subsection (A), proof of service, and an affidavit of default must be filed with the Family Court in the same manner and has the same force and effect as provided for in Section 20-7-9525(B).

(C)   The determination of the monthly support obligation must be based on the child support guidelines as set forth in Sections 20-7-852 and 43-5-580.

Section 20-7-9535.   (A)   A copy of an order of financial responsibility or a consent order issued by the division must be sent by the division by first class mail to the obligor or the obligor's attorney of record and to the custodial parent.

(B)   A consent order and an order of default shall continue notwithstanding the fact that the child is no longer receiving benefits for aid to families with dependent children, unless the child is emancipated or is otherwise no longer entitled to support as otherwise determined by law. An order of financial responsibility or order of default shall continue until modified by an administrative order or court order or by emancipation of the child.

(C)   Nothing contained in this article deprives a court of competent jurisdiction from determining the duty of support of an obligor against whom an order is issued pursuant to this article. A determination by the court supersedes the administrative order as to support payments due subsequent to the entry of the order by the court but must not modify any arrearage which may have accrued under the administrative order.

Section 20-7-9540.   (A)   An obligor who objects to a part of the notice of responsibility, within thirty days of receipt of the notice, shall make a written request for a court hearing to the division. The request must be served upon the division by certified mail or in the same manner as a summons in a civil action.

(B)   Upon receipt of a written request for a hearing, the division shall file the written request for a hearing, the notice of financial responsibility, and proof of service with the clerk of court in the county in which the notice of financial responsibility was issued and shall request the court to set a hearing for the matter. The clerk of court shall send a notice to the obligor and the division informing them of the date and location of the hearing. If the obligor raises issues relating to custody or visitation and the court has jurisdiction to hear these matters, the court shall set a separate hearing for those issues after entry of the order.

Section 20-7-9545.   (A)   The division may establish paternity of a child in the course of a negotiation conference held pursuant to Section 20-7-9525 based upon an application for services or receipt of services by the custodian pursuant to Title IV-D of the Social Security Act. Service on the alleged father pursuant to this section must be made as provided in Section 20-7-9520. In addition to the notice of financial responsibility as set forth in Section 20-7-9515, the division must serve the alleged father with a notice of paternity determination which shall include:

(1)   an allegation that the alleged father is the natural father of the child involved;

(2)   the child's name and date of birth;

(3)   the name of the child's mother and the name of the person or agency having custody of the child, if other than the mother;

(4)   a statement that if the alleged father fails to timely deny the allegation of paternity, the question of paternity may be resolved against the alleged father without further notice;

(5)   a statement that if the alleged father timely denies the allegation of paternity:

(a)   the alleged father is subject to compulsory genetic testing and that expenses incurred may be assessed against the alleged father if he is found to be the father;

(b)   a genetic test may result in a presumption of paternity; and

(c)   upon receipt of the genetic test results, if the alleged father continues to deny paternity, the alleged father may request the division to refer the matter to Family Court for a determination of paternity pursuant to Section 20-7-9540. An order for child support resulting from a subsequent finding of paternity is effective from the date the alleged father was served with the notice of paternity determination.

(B)   The alleged father may file a written denial of paternity with the department within thirty days after service of the notice of paternity determination.

(C)   When there is more than one alleged father of a child, the division may serve a notice of paternity determination on each alleged father in the same consolidated proceeding or in separate proceedings. Failure to serve notice on an alleged father does not prevent the department from serving notice on any other alleged father of the same child.

Section 20-7-9550.   (A)   If the testimony and other supplementary evidence presented at the negotiation conference demonstrate a reasonable probability that the alleged father had sexual intercourse with the child's mother during the probable time of the child's conception or if the evidence shows a probable existence of a presumption, the division may issue a subpoena ordering the alleged father to submit to paternity genetic testing. A reasonable probability of sexual intercourse during the possible time of conception may be established by affidavit of the child's mother.

(B)   If the division does not receive a timely written denial of paternity or if an alleged father fails to appear at the negotiation conference or for a scheduled paternity test, the division may enter an order declaring the alleged father the legal father of the child. The order takes effect fifteen days after entry of default unless the alleged father before the fifteenth day presents good cause for failure to make a timely denial or for failure to appear at the negotiation conference or to undergo genetic testing. The division may not enter an order under this section if there is more than one alleged father unless the default applies to only one alleged father and all other alleged fathers have been excluded by the results of genetic testing. If there is more than one alleged father who has not been excluded by the results of genetic testing, the division may petition the court for a hearing to establish paternity.

(C)   If the rights of others and the interests of justice require, the division may apply to any Family Court for an order compelling an alleged father to submit to genetic testing. The court shall hear the matter as expeditiously as possible. If the court finds reasonable cause to believe that the alleged father is the natural or presumed father of the child, the court shall enter an order compelling the alleged father to submit to a genetic test. As provided in subsection (A), reasonable cause may be established by affidavit of the child's mother.

Section 20-7-9555.   The division shall appoint an expert who is qualified in examining genetic markers to conduct any genetic test. If the issue of paternity is referred to the Family Court, the expert's completed and certified report of the results and conclusions of a genetic test is admissible as evidence without additional testing or testimony. An order entered pursuant to this article establishes legal paternity for all purposes.

Section 20-7-9560.   (A)   The division may establish all duties of support including the duty to pay arrearages and to pay child support debt and may enforce duties of support from an obligor pursuant to this article if that action is requested by an agency of another state which is operating under Title IV-D of the federal Social Security Act, as amended.

(B)   If the division proceeds against an obligor under subsection (A), it shall seek establishment and enforcement of the liability imposed by the laws of the state where the obligor was located during the period for which support is sought. The obligor is presumed to have been present in this State during the period until otherwise shown.

(C)   If the obligee is absent from this State and the obligor presents evidence which constitutes a defense, the obligor shall request a court hearing.

(D)   The remedies provided by this article are additional to those remedies provided by the 'Uniform Interstate Family Support Act'.

Section 20-7-9565.   (A)   At any time after the entry of a consent order or an order for default under this article or an order of the court the division may issue a notice of financial responsibility to an obligor requesting the modification of an existing order issued pursuant to this article or an existing order of the court. The division shall serve the obligor with a notice of financial responsibility as provided in Section 20-7-9515 and shall proceed as set forth in this article. The obligor or obligee may file a written request for modification of an order issued under this article or an existing order of the court with the division by serving the division by certified mail. If the division does not object to the request for modification based upon a showing of changed circumstances as provided by law, the division shall serve the obligor with a notice of financial responsibility as provided in Section 20-7-9515 and shall proceed as set forth in this article. If the division objects to the request for modification based upon the failure to demonstrate a showing of changed circumstances, the division shall advise the obligor or obligee that a petition for review may be filed with the Family Court.

(B)   A request for modification made pursuant to this section does not preclude the division from enforcing and collecting upon the existing order pending the modification proceeding.

(C)   Only payments accruing subsequent to the modification may be modified. Modification must be made pursuant to Section 20-3-160."

SECTION   4.   Section 43-5-65(a) of the 1976 Code is amended to read:

"(a)   As a condition of eligibility, a needy family applying for aid to families with dependent children shall complete a certificate of eligibility containing a written declaration of such information as may be required to establish eligibility and amount of aid. The certificate shall include blanks, wherein shall must be stated the names, birth dates, and Social Security numbers of all children receiving aid, their present place of residence, the names and Social Security number of the adult or emancipated minor applicant, the name and social security number and present whereabouts, last known address and place of employment of a parent who is not living in the home, any income received through employment, from the absent parent, governmental social insurance or aid programs, gifts, sale of real or personal property, interest, dividends, or from any other source, and any interest in property, real or personal. As a condition of eligibility for Aid to Families with Dependent Children, the applicant must provide, at a minimum, the following on an absent parent or putative father, or both:

(1)   the first and last name and any known licenses as defined in Section 20-7-941(4) which may be subject to revocation; and

(2)   at least two of the following items on each named:

(i)     date of birth;

(ii)     social security number;

(iii)     last known home address;

(iv)     last known employer's name and address;

(v)     either of the absent parent's parent's name and address.

Failure to provide this information shall result in a finding of ineligibility of benefits for aid to families with dependent children unless the applicant or recipient asserts, and the department verifies, there is good cause for not providing this information. Good cause includes documentation of incest, rape, or the existence or the threat of physical abuse to the child or custodial parent. The department shall provide assistance as needed to complete the certificate and shall insure that all applicants or recipients have or promptly apply for and obtain a Social Security number. No assistance shall may be granted to Aid to Families for Dependent Children applicants or recipients until a valid Social Security number has been provided to the department for each member of the family for whom aid is sought or when numbers are not available until there is proof that application for the Social Security number has been made. The department shall assist the applicant or recipient in obtaining a Social Security number through procedures adopted in cooperation with the Social Security Administration or the applicant or recipient may apply for a Social Security number at the Social Security Administration office. For purposes of Aid to Families for Dependent Children Foster Care, the application for the Social Security number shall must be made by the State or local department. The certificate of eligibility also shall also provide that, as a condition of eligibility for aid, each applicant or recipient shall:

(1)   Assign to the State any rights to support from any other person the applicant may have in his own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid and which have accrued at the time the assignment is executed or which may accrue in the future; provided, that however, by accepting public assistance for or on behalf of a child or children, or by making application for services under Title IV-D, or through placement of a child or children in state-funded foster care or under Title IV-E, except where good cause as determined by the agency exists, the recipient or applicant is considered to have made an assignment to the State Department of Social Services of any rights, title, and interest to any support obligation which is owed for the child or children or for the absent parent's spouse or former spouse who is the recipient or the applicant with whom the child is living, if and to the extent that a spousal support obligation has been established and the child support obligation is being enforced pursuant to Title IV-D of the federal Social Security Act. The assignment to the department is considered to have been made up to the amount of public assistance money or foster care board payments paid for or on behalf of the child or children for that period of time as the public assistance monies or foster care board payments are paid. The assignment shall consist consists of all rights and interest in any support obligation that the recipient may be owed past, present, or future by any person up to the amount of public assistance money paid to the recipient for or on behalf of the minor child or children or a child in foster care. The department is subrogated to the rights of the child or children or the person having custody of the child or children to collect and receive all support payments. The department has the right to initiate any a support action in its own name or in the name of the recipient to recover any payments ordered by the courts of this or any other state or to obtain a court order to initiate these payments including an action to determine the paternity of a child.

(2)   Cooperate with the State in establishing the paternity of a child born out of wedlock with respect to whom aid is claimed and in obtaining support payments for such the applicant and for a child with respect to whom such the aid is claimed, or in obtaining any other payments or property due such the applicant of such the child and that, if the relative with whom a child is living is found to be ineligible because of failure to comply with the requirements of items (1) and (2), any aid for which such the child is eligible will must be provided in the form of protective payments. The department shall establish criteria in accordance with federal regulations to determine whether action to establish paternity and secure support is not in the best interest of a child."

SECTION   5.   Article 5, Chapter 5, Title 43 of the 1976 Code is amended by adding:

"Section 43-5-585.   The department shall provide consumer credit reporting agencies an automated monthly report of obligors in Title IV-D cases who have not made a payment on their child support obligation for two consecutive months.

The department shall establish procedures for notice and an opportunity for a review for obligors who contest the submission to the consumer credit reporting agency. The procedures shall limit the review to a dispute concerning the identity of the obligor or the existence or amount of the arrearage."

SECTION   6.   Section 43-5-590(a)(ii) of the 1976 Code, as last amended by Act 336 of 1990, is further amended to read:

"(ii)   assign to the State the rights to support, including health care expenses, from any other person the applicant may have in his own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid and which have accrued at the time the assignment is executed or which may accrue in the future. By accepting public assistance for or on behalf of a child or children, by making application for services under Title IV-D, or through placement of a child or children in state-funded foster care or under Title IV-E, except where good cause as determined by the agency exists, the recipient or applicant is considered to have made an assignment to the State Department of Social Services of rights, title, and interest to a support obligation which is owed for the child or children or for the absent parent's spouse or former spouse who is the recipient or the applicant with whom the child is living, if and to the extent that a spousal support obligation has been established, and the child and the child support obligation is being enforced pursuant to Title IV-D of the federal Social Security Act. The assignment to the department is considered to have been made up to the amount of public assistance money, including Medicaid payments, or foster care board payments paid for or on behalf of the child or children for that period of time as the public assistance monies or foster care board payments are paid. The assignment consists of all rights and interest in a support obligation that the recipient may be owed past, present, or future by a person up to the amount of public assistance money, including Medicaid payments, paid to the recipient for or on behalf of the minor child or children or a child in foster care. The department is subrogated to the rights of the child or children or the person having custody of the child or children to collect and receive all support payments. The department has the right to initiate a support action in its own name or in the name of the recipient to recover payments ordered by the courts of this or any other state or to obtain a court order to initiate these payments including an action to determine the paternity of a child. The clerk of court shall execute the necessary order substituting the department and changing the payee of the support to the department upon receipt by the clerk of the notice of assignment."

SECTION   7.   Section 44-7-77 of the 1976 Code, as added by Acts 481 and 513 of 1994, is amended to read:

"Section 44-7-77.   The Department of Health and Environmental Control, and the State 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 as soon after birth as possible and where possible before the release of the newborn from the hospital. A voluntary acknowledgment obtained through an in-hospital program must be signed by both parents and the signatures must be notarized. As part of its in-hospital voluntary acknowledgment of paternity program, a birthing hospital as part of the birth registration process, shall collect, where ascertainable, information which is or may be necessary for the establishment of the paternity of the child and for the establishment of child support. The information to be collected on the father or on the putative father if paternity has not been established includes, but is not limited to, the name of the father, his date of birth, home address, social security number, and employer's name, and additionally for the putative father, the names and addresses of the putative father's parents."

SECTION   8.   Section 44-63-165 of the 1976 Code, as added by Act 341 of 1988, is amended to read:

"Section 44-63-165.   A certificate must be prepared for a child born out of wedlock in this State to include the name of the father upon receipt of a sworn acknowledgment of paternity signed by both parents to include the surname by which the child is to be known. However, if the reputed father or the mother is deceased, if another man is shown as the father of the child on the original birth certificate, or if the original birth certificate states that the mother was married, a new certificate may be prepared only when a determination of paternity is made by the Family Court pursuant to Section 20-7-952. A paternity acknowledgment must be provided to the State Department of Social Services from the appropriate state agency upon request at no charge for the purpose of establishing a child support obligation and otherwise a paternity acknowledgment is not subject to inspection except upon order of the Family Court."

SECTION   9.   A.   Section 12-54-470 of the 1976 Code, as added by Act 474 of 1988, is amended to read:

"Section 12-54-470.   Priority in multiple claims Claims to refunds allowed to be setoff set off under the provisions of this article must be in the order in time which made by a claimant agency has filed filing a written notice with the commission of its intention to effect collection through setoff under this article. However, claims filed by any agency of state government have priority over claims filed by the Internal Revenue Service or an institution of higher learning. Notwithstanding this priority according to time of filing, the commission has priority over all other claimant agencies for collection by setoff whenever it is a competing agency for a refund. The following is the order of priority for multiple claims filed:

(1)   claims of the Department of Revenue and Taxation;

(2)   claims of the Division of Child Support Enforcement of the State Department of Social Services;

(3)   other claims of the State Department of Social Services and other state agencies;

(4)   claims of the Internal Revenue Service and claims filed by institutions of higher learning;

(5)   claims of other agencies not given a specific priority.

Priority within a class in which multiple claims are filed is the order in time in which the claimant agencies filed the written notice with the commission of the intention to effect collection through setoff under this article."

B.   The amendments to Section 12-54-470 of the 1976 Code, as contained in this section, apply to refunds for tax years beginning after 1995.

SECTION   10.   Section 20-7-852 of the 1976 Code, as added by Act 189 of 1989, is amended to read:

"Section 20-7-852.   (A) In any proceeding in which for the award of child support is in issue, there is a rebuttable presumption that the amount of the award which would result from the application of those the guidelines required under Section 43-5-580(b) is the correct amount of the child support to be awarded. However, a A different amount may be awarded upon a showing that application of the guidelines in a particular case would be unjust or inappropriate. When the court orders a child support award that varies significantly from the amount resulting from the application of the guidelines, the court shall make specific, written findings of those facts upon which it bases its conclusion supporting that award. Findings that rebut the guidelines must state the amount of support that would have been required under the guidelines and include a justification of why the order varies from the guidelines.

(B)   Application of these guidelines to an existing child support order, in and of itself, is not considered a change in circumstances for the modification of that existing order, except in a Title IV-D case.

(C) The court shall consider the following factors which may be possible reasons for deviation from the guidelines or may be used in determining whether a change in circumstances has occurred which would require a modification of an existing order:

(1)   educational expenses for the child or children or the spouse, to include those incurred for private, parochial, or trade schools, other secondary schools, or post-secondary education where there is tuition or related costs;

(2)   equitable distribution of property;

(3)   consumer debts;

(4)   families with more than six children;

(5)   unreimbursed extraordinary medical or dental expenses for the noncustodial or custodial parent;

(6)   mandatory deduction of retirement pensions and union fees;

(7)   support obligations for other dependents living with the noncustodial parent or non-court ordered child support from another relationship;

(8)   child-related unreimbursed extraordinary medical expenses;

(9)   monthly fixed payments imposed by a court or operation of law;

(10)   significant available income of the child or children;

(11)   substantial disparity of income in which the noncustodial parent's income is significantly less than the custodial parent's income, thus making it financially impracticable to pay what the guidelines indicate the noncustodial parent should pay;

(12)   alimony. Because of their unique nature, lumpsum, rehabilitative, reimbursement, or any other alimony that the court may award, may be considered by the court as a possible reason for deviation from these guidelines;

(13)   agreements reached between parties. The court may deviate from the guidelines based on an agreement between the parties if both parties are represented by counsel or if, upon a thorough examination of any party not represented by counsel, the court determines the party fully understands the agreement as to child support. The court still has the discretion and the independent duty to determine if the amount is reasonable and in the best interest of the child or children.

(C)   (D)   Pursuant to Section 43-5-580(b), the department shall promulgate regulations which include addressing establish child support guidelines as a rebuttable presumption. The department shall review these regulations at least once every four years to insure ensure that their application results in appropriate child support award amounts."

SECTION   11.   Section 20-7-1315 of the 1976 Code, as last amended by Act 510 of 1994, is further amended by adding at the end:

"(L)   By January 1, 1996, the Child Support Enforcement Division of the Department of Social Services shall create and develop an Employer New Hire Reporting program. The Employer New Hire Reporting program shall provide a means for employers to voluntarily assist in the state's efforts to locate absent parents who owe child support and collect child support from those parents by reporting information concerning newly hired and rehired employees directly to the division. The following provisions apply to the Employer New Hire Reporting program:

(1)   An employer doing business in this State may participate in the Employer New Hire Reporting program by reporting to the Child Support Enforcement Division:

(a)   the hiring of a person who resides or works in this State to whom the employer anticipates paying earnings; or

(b)   the rehiring or return to work of an employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment.

(2)   The Employer New Hire Reporting program applies to a person who is expected to:

(a)   be employed for more than one month's duration;

(b)   be paid for more than three hundred fifty hours during a continuous six-month period; or

(c)   have gross earnings of more than three hundred dollars in each month of employment.

(3)   An employer who voluntarily reports under item (1) shall submit monthly reports regarding each hiring, rehiring, or return to work of an employee during the preceding month. The report must contain:

(a)   the employee's name, address, social security number, date of birth, and salary information; and

(b)   the employer's name, address, and employer identification number.

(4)   Employers reporting to the Employer New Hire Reporting program shall provide information to the Child Support Enforcement Division by:

(a)   sending a copy of the new employee's W-4 form;

(b)   completing a form supplied by the Child Support Enforcement Division; or

(c)   any other means authorized by the Child Support Enforcement Division for conveying the required information, including electronic transmission or magnetic tapes in compatible formats.

(5)   An employer is authorized by this section to disclose the information described in item (3) and is not liable to the employee for the disclosure or subsequent use by the Child Support Enforcement Division of the information.

(6)   For each employee reported under the Employer New Hire Reporting program, the Child Support Enforcement Division shall retain the information only if the division is responsible for establishing, enforcing, or collecting a support obligation of the employee. If the division is not responsible for establishing, enforcing, or collecting a support obligation of the employee, the division must not create a record regarding the employee and the information provided by the employer must be destroyed promptly.

Information received by the South Carolina Employment Security Commission received from employers which includes information contained in the reports provided for in this section shall transmit this information to the Department of Social Services within fifteen working days after the end of each quarter."

  Part VII

Administrative Reforms

SECTION   1.   The Department of Social Services, with existing resources and personnel, shall develop simplified AFDC, Medicaid, and food stamp application forms and instructions which are understandable. If necessary, for compliance with federal regulations, the department shall apply to the federal government for waivers.

SECTION   2.   The Department of Social Services and the Department of Health and Human Services Finance Commission shall review and, to the extent possible, ensure that federal and state procurement and purchasing regulations do not unnecessarily delay services to AFDC clients and child care and transportation providers to AFDC clients.

SECTION   3.   As applicable, all state agencies shall adopt Electronic Data Interchange Standards as set forth by the Budget and Control Board, Office of Research and Statistics Information Resource Planning and Management so that exchanges and sharing of information concerning AFDC clients and revenue sources are freely available. However, in the exchange and sharing of information all requirements for confidentiality of information must be maintained. For the next two years these state agencies shall report to the Budget and Control Board, Division of Information Resource Technology before January first on the agency's progress and compliance with this section and its utilization of the system created as a result of this action.

SECTION   4.   The Department of Social Services in conjunction with the Department of Education shall:

(1)   ensure that existing continuing education and adult education programs are designed to advance AFDC clients in attaining self-sufficiency and that the location, scheduling, and other mechanics of these programs are structured so as to maximize access by AFDC clients;

(2)   endorse and promote school-to-work transition programs to link at-risk secondary school students to the workplace and to appropriate work related post-secondary education.

SECTION   5.   (A)   The Department of Social Services in conjunction with the State Board for Technical and Comprehensive Education shall:

(1)   work closely with businesses and industries in South Carolina to design curriculums to produce students with skills needed by these businesses and industries;

(2)   develop specially designed curriculums that target and train AFDC clients in keeping with the clients' identified aptitudes, interests, and abilities for occupations identified by the Employment Security Commission as the top growth occupations of the future.

(B)   For the next three years the Department of Social Services and the State Board for Technical Education shall report before January first to the Governor and the General Assembly on the projects completed under this section, the number of AFDC families served, and shall evaluate their effectiveness in assisting AFDC families in becoming self-sufficient.

SECTION   6.   Section 43-3-40 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 43-3-40.   (A)   The director shall select a director for each county department, referred to in Chapters 1, 3, 5, 7, 9, 19, and 23 as the county director, to discharge the duties of such office and may select regional directors to oversee the county directors. The salaries of county directors and any regional directors shall be fixed by the director. In fixing the these salaries of the various county directors the director shall consider the individual qualifications of the respective directors and the possibilities of their individual positions. The county director shall be the chief executive officer of the county department and shall perform such duties as are directed by the director, regional director, or as directed by law.

(B)   Regional and county directors serve at the pleasure of the Director of the State Department of Social Services."

  Part VIII

Department to Apply for Waivers

SECTION   1.   The State Department of Social Services shall apply for waivers to implement the following provisions in this act:

(1)   Part III, Sections 6, 11, 12, and 13;

(2)   Part IV, Sections 1, 3, 4, 5, and 6;

(3)   Part V, Sections 1, 2, 3, 5, 6, 7, and 8;

(4)   Part VI, Section 4.

  Part IX

Evaluation and Reports

SECTION   1.   On or about August 31, 1996, and every two years thereafter the Legislative Audit Council shall evaluate and report to the General Assembly on the success and effectiveness of the policies and programs created in this act. In conducting this evaluation the council shall identify the number of AFDC families and individuals no longer receiving welfare, the number of individuals who have completed educational, employment, or training programs under this act, the number of individuals who have become employed and the duration of their employment, and other data and information the council considers appropriate in reporting to the General Assembly on the effectiveness of this act.

  Part X
Severability, Designation of Code Sections,
and Time Effective

SECTION   1.   If any provision of this act or the application of a provision of this act to a person or circumstance is held invalid, that invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision of application, and to this end the provisions of this act are severable.

SECTION   2.   Sections 20-70-840 through 20-7-938 of the 1976 Code are designated as Part I, Subarticle 3, Article 9, Chapter 7, Title 20 and named "Child Support Proceedings and Enforcement".

SECTION   3.   Notwithstanding the definition of "compliance with an order for support", as contained in Section 20-7-941 of the 1976 Code, as added by Part VI, Section 2 of this act:

(1)   From January 1, 1996, to June 30, 1996, "compliance with an order for support" means that pursuant to an order for support the person required to pay under the order is in arrears no more than an amount equal to six months' support obligation.

(2)   From July 1, 1996, to December 31, 1996, "compliance with an order for support" means that pursuant to an order for support the person required to pay under the order is in arrears no more than an amount equal to four months' support obligation.

SECTION   4.   This act takes effect upon approval by the Governor except that Part III, Sections 6, 11, 12, and 13; Part IV, Sections 1, 3, 4, 5, and 6; Part V, Sections 1, 2, 3, 5, 6, 7, and 8; and Part VI, Section 4 take effect ninety days after receipt of approval of a federal waiver authorizing the department to implement these provisions or ninety days after federal law permits implementation. Part VI, Section 5 takes effect January 1, 1996./

Renumber to conform.

Amend title to conform.

/s/Addison "Joe" Wilson           /s/Thomas E. Huff
/s/David L. Thomas                /s/James L.M. Cromer, Jr.
/s/McKinley Washington            /s/William F. Cotty
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 31, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that 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:
H. 3613 -- Reps. Wilkins, Huff, Delleney, Knotts, Townsend, Limehouse, Keegan, Witherspoon, Fleming, Marchbanks, Tripp, Felder, Lanford, Herdklotz, Easterday, A. Young, Hallman, Law, Limbaugh, Cotty, Thomas, Harrell, Sandifer, Sharpe, Fair, Haskins, Richardson, Fulmer, J. Young, Chamblee, Riser, Cain, Jaskwhich, Beatty, R. Smith, Simrill, Walker, Robinson, Rice, Dantzler, Stille, Stuart, Wofford, Wells, Trotter, Mason, Clyburn, Harrison, Klauber, Cato, Vaughn, Martin, Davenport and Kirsh: A BILL TO ENACT THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995 SO AS TO ESTABLISH THE WELFARE POLICY OF THE STATE; TO, AMONG OTHER THINGS, REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO EXPAND ITS EMPLOYMENT ASSISTANCE SERVICES AND TO EXPAND ITS WORK SUPPORT PROGRAM STATEWIDE; TO REQUIRE AFDC RECIPIENTS TO ENTER AGREEMENTS IN ORDER TO RECEIVE AFDC AND TO PROVIDE SANCTIONS FOR NONCOMPLIANCE; TO REQUIRE THE EMPLOYMENT SECURITY COMMISSION TO PROVIDE THE DEPARTMENT ON-LINE ACCESS TO JOB VACANCY DATA; TO AUTHORIZE PAYMENT OF PORTIONS OF A RECIPIENT'S AFDC TO EMPLOYERS TO SUPPLEMENT WAGES PAID TO THE RECIPIENT; TO DIRECT THE GENERAL ASSEMBLY TO PROVIDE A TAX CREDIT TO EMPLOYERS WHO HIRE AFDC RECIPIENTS; TO REQUIRE STATE AGENCIES TO TARGET AFDC RECIPIENTS FOR EMPLOYMENT; TO ENHANCE SERVICES TO TEEN PARENTS; TO REQUIRE NONCUSTODIAL PARENTS OF CHILDREN RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAM; TO DIRECT SPENDING FIFTY PERCENT OF JOB TRAINING AND PARTNERSHIP ACT FUNDS ON AFDC RECIPIENTS; TO REQUIRE COUNTY DEPARTMENT OF SOCIAL SERVICES OFFICES TO ESTABLISH EDUCATION AND TRAINING GOALS; TO REQUIRE AFDC RECIPIENTS TO PARTICIPATE IN FAMILY SKILLS TRAINING; TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER A NONCUSTODIAL PARENT OF A CHILD RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAMS; TO LIMIT AFDC ASSISTANCE TO TWENTY-FOUR OUT OF ONE HUNDRED TWENTY MONTHS AND SIXTY MONTHS IN A LIFETIME AND TO PROVIDE EXCEPTIONS; TO REVISE REQUIREMENTS FOR MANDATORY PARTICIPATION IN A WORK PROGRAM; TO REVISE INCOME AND ASSET LIMITS FOR AFDC ELIGIBILITY; TO PROHIBIT INCREASING AFDC BENEFITS WHEN A CHILD IS BORN INTO AN AFDC FAMILY; TO REQUIRE AFDC RECIPIENTS TO ENTER A DRUG OR ALCOHOL PROGRAM UNDER CERTAIN CONDITIONS; TO REQUIRE AFDC RECIPIENTS WHO ARE MINORS TO MAINTAIN SATISFACTORY SCHOOL ATTENDANCE AND TO LIVE IN THE HOMES OF THEIR PARENTS AND TO PROVIDE EXCEPTIONS; TO REVISE CERTAIN ABSENT PARENT AFDC ELIGIBILITY REQUIREMENTS; TO EMPHASIZE PROVIDING SERVICES TO THE FAMILY AS A WHOLE; TO REQUIRE AFDC RECIPIENTS TO PROVIDE ADDITIONAL INFORMATION ON FATHERS AS A CONDITION OF ELIGIBILITY; TO REVISE THE AMOUNT OF CHILD SUPPORT GIVEN TO AN AFDC RECIPIENT THAT IS COLLECTED BY THE DEPARTMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 20-7-936 SO AS TO REQUIRE THE PARENT OF A CHILD TO SUPPORT A GRANDCHILD IF THE PARENT OF THE GRANDCHILD IS UNDER EIGHTEEN YEARS OF AGE; TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 3 BY ADDING PART II SO AS TO AUTHORIZE AND PROVIDE PROCEDURES FOR THE ENFORCEMENT OF CHILD SUPPORT THROUGH THE REVOCATION OF BUSINESS, OCCUPATIONAL, AND PROFESSIONAL LICENSES, DRIVERS' LICENSES, COMMERCIAL AND RECREATIONAL HUNTING, FISHING, AND TRAPPING LICENSES AND WATERCRAFT REGISTRATIONS; TO AMEND TITLE 20, CHAPTER 7 BY ADDING ARTICLE 32 SO AS TO ESTABLISH AND PROVIDE PROCEDURES FOR THE ESTABLISHMENT AND ENFORCEMENT OF PATERNITY AND CHILD SUPPORT THROUGH AN ADMINISTRATIVE PROCESS; TO AMEND SECTION 43-5-65, RELATING TO ELIGIBILITY FOR AFDC, SO AS TO REVISE CERTAIN REQUIREMENTS AND TO EXTEND CERTAIN REQUIREMENTS TO ELIGIBILITY FOR MEDICAID; TO AMEND SECTION 43-5-590, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT CONCERNING THE CHILD SUPPORT PLAN, SO AS TO INCLUDE IN RIGHTS ASSIGNED TO THE STATE THE ASSIGNMENT OF THE RIGHT TO COLLECT HEALTH CARE EXPENSES AND MEDICAID REIMBURSEMENT; TO AMEND SECTION 44-7-77, RELATING TO ESTABLISHMENT OF THE IN-HOSPITAL PATERNITY ACKNOWLEDGMENT PROGRAM, SO AS TO FURTHER PROVIDE FOR PROCEDURES TO OBTAIN ACKNOWLEDGMENTS AND TO REQUIRE CERTAIN INFORMATION TO BE SUBMITTED; TO AMEND SECTION 44-63-165, RELATING TO AMENDING BIRTH CERTIFICATES ON ACKNOWLEDGMENT OF PATERNITY, SO AS TO AUTHORIZE THE DEPARTMENT TO RECEIVE A PATERNITY ACKNOWLEDGMENT AT NO CHARGE UPON REQUEST FOR ESTABLISHING CHILD SUPPORT OBLIGATIONS; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR WAIVERS FROM THE FEDERAL GOVERNMENT TO IMPLEMENT CERTAIN PROVISIONS OF THIS ACT; AND TO DESIGNATE SECTIONS 20-70-840 THROUGH 20-7-938 AS PART I, SUBARTICLE 3, ARTICLE 9, CHAPTER 7, TITLE 20 AND NAMED "CHILD SUPPORT PROCEEDINGS AND ENFORCEMENT".
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 31, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 90 -- Senators Wilson, Rose, Giese and Elliott: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.
asks for a Committee of Conference, and has appointed Reps. Harrison, Limbaugh and Martin of the committee on the part of the House.

Very respectfully,
Speaker of the House

Received as information.

MESSAGE RECEIVED
S. 90--CONFERENCE COMMITTEE APPOINTED

The PRESIDENT appointed Senators COURSON, HOLLAND and MOORE of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

S. 101--CONFERENCE COMMITTEE APPOINTED
Message from the House

Columbia, S.C., May 31, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.
Very respectfully,
Speaker of the House

On motion of Senator MOORE, the Senate insisted upon its amendments to S. 101 and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators MOORE, HOLLAND and COURSON of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 31, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Jennings, Cobb-Hunter and Fleming of the Committee of Conference on the part of the House on:
S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 31, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 842 -- Senator Saleeby: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE THE MAP REFERENCE WHICH DEFINES THE LINES OF THESE VOTING PRECINCTS, DELETE ARCHAIC REFERENCES AND PROVIDE THAT POLLING PLACES BE DETERMINED BY THE DARLINGTON COUNTY BOARD OF ELECTIONS AND REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE DARLINGTON COUNTY LEGISLATIVE DELEGATION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 31, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3364 -- Reps. Tucker, P. Harris, McAbee and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 IN TITLE 25, RELATING TO MILITARY, CIVIL DEFENSE, AND VETERANS' AFFAIRS, SO AS TO ESTABLISH THE VETERANS' TRUST FUND OF SOUTH CAROLINA AND PROVIDE FOR ITS POWERS, DUTIES, AND GOVERNANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-2417 SO AS TO PROVIDE A DESIGNATION ON STATE INDIVIDUAL INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE VETERANS' TRUST FUND OF SOUTH CAROLINA.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 31, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill:
H. 3613 -- Reps. Wilkins, Huff, Delleney, Knotts, Townsend, Limehouse, Keegan, Witherspoon, Fleming, Marchbanks, Tripp, Felder, Lanford, Herdklotz, Easterday, A. Young, Hallman, Law, Limbaugh, Cotty, Thomas, Harrell, Sandifer, Sharpe, Fair, Haskins, Richardson, Fulmer, J. Young, Chamblee, Riser, Cain, Jaskwhich, Beatty, R. Smith, Simrill, Walker, Robinson, Rice, Dantzler, Stille, Stuart, Wofford, Wells, Trotter, Mason, Clyburn, Harrison, Klauber, Cato, Vaughn, Martin, Davenport and Kirsh: A BILL TO ENACT THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995 SO AS TO ESTABLISH THE WELFARE POLICY OF THE STATE; TO, AMONG OTHER THINGS, REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO EXPAND ITS EMPLOYMENT ASSISTANCE SERVICES AND TO EXPAND ITS WORK SUPPORT PROGRAM STATEWIDE; TO REQUIRE AFDC RECIPIENTS TO ENTER AGREEMENTS IN ORDER TO RECEIVE AFDC AND TO PROVIDE SANCTIONS FOR NONCOMPLIANCE; TO REQUIRE THE EMPLOYMENT SECURITY COMMISSION TO PROVIDE THE DEPARTMENT ON-LINE ACCESS TO JOB VACANCY DATA; TO AUTHORIZE PAYMENT OF PORTIONS OF A RECIPIENT'S AFDC TO EMPLOYERS TO SUPPLEMENT WAGES PAID TO THE RECIPIENT; TO DIRECT THE GENERAL ASSEMBLY TO PROVIDE A TAX CREDIT TO EMPLOYERS WHO HIRE AFDC RECIPIENTS; TO REQUIRE STATE AGENCIES TO TARGET AFDC RECIPIENTS FOR EMPLOYMENT; TO ENHANCE SERVICES TO TEEN PARENTS; TO REQUIRE NONCUSTODIAL PARENTS OF CHILDREN RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAM; TO DIRECT SPENDING FIFTY PERCENT OF JOB TRAINING AND PARTNERSHIP ACT FUNDS ON AFDC RECIPIENTS; TO REQUIRE COUNTY DEPARTMENT OF SOCIAL SERVICES OFFICES TO ESTABLISH EDUCATION AND TRAINING GOALS; TO REQUIRE AFDC RECIPIENTS TO PARTICIPATE IN FAMILY SKILLS TRAINING; TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER A NONCUSTODIAL PARENT OF A CHILD RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAMS; TO LIMIT AFDC ASSISTANCE TO TWENTY-FOUR OUT OF ONE HUNDRED TWENTY MONTHS AND SIXTY MONTHS IN A LIFETIME AND TO PROVIDE EXCEPTIONS; TO REVISE REQUIREMENTS FOR MANDATORY PARTICIPATION IN A WORK PROGRAM; TO REVISE INCOME AND ASSET LIMITS FOR AFDC ELIGIBILITY; TO PROHIBIT INCREASING AFDC BENEFITS WHEN A CHILD IS BORN INTO AN AFDC FAMILY; TO REQUIRE AFDC RECIPIENTS TO ENTER A DRUG OR ALCOHOL PROGRAM UNDER CERTAIN CONDITIONS; TO REQUIRE AFDC RECIPIENTS WHO ARE MINORS TO MAINTAIN SATISFACTORY SCHOOL ATTENDANCE AND TO LIVE IN THE HOMES OF THEIR PARENTS AND TO PROVIDE EXCEPTIONS; TO REVISE CERTAIN ABSENT PARENT AFDC ELIGIBILITY REQUIREMENTS; TO EMPHASIZE PROVIDING SERVICES TO THE FAMILY AS A WHOLE; TO REQUIRE AFDC RECIPIENTS TO PROVIDE ADDITIONAL INFORMATION ON FATHERS AS A CONDITION OF ELIGIBILITY; TO REVISE THE AMOUNT OF CHILD SUPPORT GIVEN TO AN AFDC RECIPIENT THAT IS COLLECTED BY THE DEPARTMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 20-7-936 SO AS TO REQUIRE THE PARENT OF A CHILD TO SUPPORT A GRANDCHILD IF THE PARENT OF THE GRANDCHILD IS UNDER EIGHTEEN YEARS OF AGE; TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 3 BY ADDING PART II SO AS TO AUTHORIZE AND PROVIDE PROCEDURES FOR THE ENFORCEMENT OF CHILD SUPPORT THROUGH THE REVOCATION OF BUSINESS, OCCUPATIONAL, AND PROFESSIONAL LICENSES, DRIVERS' LICENSES, COMMERCIAL AND RECREATIONAL HUNTING, FISHING, AND TRAPPING LICENSES AND WATERCRAFT REGISTRATIONS; TO AMEND TITLE 20, CHAPTER 7 BY ADDING ARTICLE 32 SO AS TO ESTABLISH AND PROVIDE PROCEDURES FOR THE ESTABLISHMENT AND ENFORCEMENT OF PATERNITY AND CHILD SUPPORT THROUGH AN ADMINISTRATIVE PROCESS; TO AMEND SECTION 43-5-65, RELATING TO ELIGIBILITY FOR AFDC, SO AS TO REVISE CERTAIN REQUIREMENTS AND TO EXTEND CERTAIN REQUIREMENTS TO ELIGIBILITY FOR MEDICAID; TO AMEND SECTION 43-5-590, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT CONCERNING THE CHILD SUPPORT PLAN, SO AS TO INCLUDE IN RIGHTS ASSIGNED TO THE STATE THE ASSIGNMENT OF THE RIGHT TO COLLECT HEALTH CARE EXPENSES AND MEDICAID REIMBURSEMENT; TO AMEND SECTION 44-7-77, RELATING TO ESTABLISHMENT OF THE IN-HOSPITAL PATERNITY ACKNOWLEDGMENT PROGRAM, SO AS TO FURTHER PROVIDE FOR PROCEDURES TO OBTAIN ACKNOWLEDGMENTS AND TO REQUIRE CERTAIN INFORMATION TO BE SUBMITTED; TO AMEND SECTION 44-63-165, RELATING TO AMENDING BIRTH CERTIFICATES ON ACKNOWLEDGMENT OF PATERNITY, SO AS TO AUTHORIZE THE DEPARTMENT TO RECEIVE A PATERNITY ACKNOWLEDGMENT AT NO CHARGE UPON REQUEST FOR ESTABLISHING CHILD SUPPORT OBLIGATIONS; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR WAIVERS FROM THE FEDERAL GOVERNMENT TO IMPLEMENT CERTAIN PROVISIONS OF THIS ACT; AND TO DESIGNATE SECTIONS 20-70-840 THROUGH 20-7-938 AS PART I, SUBARTICLE 3, ARTICLE 9, CHAPTER 7, TITLE 20 AND NAMED "CHILD SUPPORT PROCEEDINGS AND ENFORCEMENT".
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 31, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3703 -- Reps. Hallman, Baxley, Quinn, Cobb-Hunter, Kirsh, Jennings, A. Young, Stuart, R. Smith, Lloyd, Herdklotz, Harrison, Littlejohn, Meacham, Sharpe, Simrill, G. Brown, Robinson, Fulmer, Stoddard, Seithel, Fair, Wright, H. Brown, Limehouse, Vaughn, Jaskwhich, Inabinett, Haskins, Wells, Beatty, Tripp, Easterday, Wofford, Walker, Law, Marchbanks, Waldrop, Riser, Stille, D. Smith, Sandifer, Cotty, Cain, Whatley, Gamble, Hutson, Koon, Lanford, Tucker, Davenport, Harwell, Limbaugh, Felder, Cooper, Mason, Chamblee, J. Harris, Wilkes, Boan, Carnell, Fleming, Spearman, Hodges, J. Young, Dantzler, Martin, Klauber, Bailey, Richardson and Witherspoon: A BILL TO AMEND SECTION 24-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL PUNISHMENT BY ELECTROCUTION, SO AS TO REQUIRE CAPITAL PUNISHMENT BY ELECTROCUTION OR LETHAL INJECTION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 31, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Richardson, Kelley and Thomas of the Committee of Conference on the part of the House on:
H. 3787 -- Reps. Richardson, Cotty, Rice, Cobb-Hunter, Keyserling, J. Brown, Worley, S. Whipper, Limehouse, Moody-Lawrence, Byrd, Shissias, Herdklotz, Lloyd, D. Smith, Wilkes, Mason and Thomas: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR PRORATED LICENSES; TO REPEAL SECTION 12-33-220, RELATING TO AN OBSOLETE PROVISION ALLOWING PRORATION OF LICENSES, AND TO PROVIDE FOR REFUNDS IN CASES OF CERTAIN LICENSES ISSUED AFTER NOVEMBER, 1994.
Very respectfully,
Speaker of the House

Received as information.

H. 4239--CONFERENCE COMMITTEE APPOINTED
Message from the House

Columbia, S.C., May 31, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4239 -- Reps. Wilkins, H. Brown, J. Brown, Cato, Harrison, Sharpe, Townsend, Haskins and Huff: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 1, 1995, AT 5:00 P.M. THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 5, 6, 7, 8, AND 9, 1995, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF THE AFFECTED DELEGATION AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 9, 1995, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION UNTIL 11:00 A.M., MONDAY, JUNE 19, 1995, AND TO CONTINUE IN SESSION, IF NECESSARY, THROUGH 5:OO P.M., THURSDAY, JUNE 22, 1995, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER DURING THAT PERIOD, AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS NO LATER THAN 5:00 P.M. ON THURSDAY, JUNE 22, 1995, IT SHALL STAND ADJOURNED TO MEET ON TUESDAY, OCTOBER 3, 1995, SOLELY FOR THE PURPOSE OF ELECTING PERSONS TO FILL THE JUDICIAL OFFICES CREATED IN THE 1995-96 GENERAL APPROPRIATIONS ACT AND PROVIDE THAT IT SHALL STAND ADJOURNED SINE DIE WHEN THE ELECTION IS FINISHED.
asks for a Committee of Conference, and has appointed Reps. Haskins, Boan and D. Smith of the committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators HOLLAND, McCONNELL and MOORE of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

RECALLED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENT

H. 4005 -- Reps. Richardson and Cato: A BILL TO AMEND SECTION 38-77-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE SOUTH CAROLINA REINSURANCE FACILITY AND THE FACILITY'S DUTIES GENERALLY, SO AS TO PROVIDE THAT FOR MULTI-VEHICLE INSURANCE POLICIES, ONE OR MORE VEHICLES MAY BE CEDED TO THE FACILITY AS LONG AS THE INSURER IDENTIFIES TO THE FACILITY AND THE INSURED PRECISELY WHICH VEHICLES ARE RETAINED AND WHICH ARE CEDED AND THE RATE LEVEL FOR EACH VEHICLE.

Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 897 -- Senator Ryberg: A BILL TO AMEND SECTION 1-30-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO PROVIDE THAT THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY SHALL BE ADMINISTERED BY THE DEPARTMENT; TO AMEND SECTION 13-1-10 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF COMMERCE, SO AS TO TRANSFER TO THE DEPARTMENT THE FUNCTIONS, POWERS, AND DUTIES PROVIDED BY LAW TO THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY AND TO ABOLISH THE AUTHORITY'S BOARD OF DIRECTORS; TO AMEND SECTION 13-1-1710 OF THE 1976 CODE, RELATING TO THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT A REPRESENTATIVE OF THE SOUTH CAROLINA JOBS-ECONOMIC AUTHORITY AS DESIGNATED BY THE SECRETARY OF COMMERCE SHALL BE A MEMBER OF THE COUNCIL RATHER THAN THE CHAIRMAN OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY; TO AMEND SECTION 41-43-30 OF THE 1976 CODE, RELATING TO THE GOVERNANCE OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY SHALL BE GOVERNED BY THE SECRETARY OF COMMERCE RATHER THAN A BOARD OF DIRECTORS; TO AMEND SECTION 41-43-50 OF THE 1976 CODE, RELATING TO THE ORGANIZATION OF THE AUTHORITY'S BOARD OF DIRECTORS, AND SECTION 41-43-90 OF THE 1976 CODE, RELATING TO POWERS OF THE AUTHORITY, SO AS TO DELETE PROVISIONS RELATING TO THE BOARD OF DIRECTORS; TO AMEND SECTION 41-43-210 OF THE 1976 CODE, RELATING TO THE USE OF FUNDS BY THE AUTHORITY FOR ADMINISTRATIVE PURPOSES, SO AS TO PROVIDE FOR ESTABLISHMENT OF POLICIES BY THE SECRETARY OF COMMERCE RATHER THAN THE BOARD OF DIRECTORS; TO AMEND SECTION 41-43-240 OF THE 1976 CODE, RELATING TO THE CREATION OF NONPROFIT CORPORATIONS BY THE AUTHORITY, SO AS TO PROVIDE THAT THE BOARD OF A NONPROFIT CORPORATION CREATED BY THE AUTHORITY MUST BE APPOINTED BY THE SECRETARY OF COMMERCE RATHER THAN ELECTED BY THE AUTHORITY'S BOARD OF DIRECTORS; AND TO REPEAL SECTIONS 41-43-40 AND 41-43-60 OF THE 1976 CODE RELATING TO THE APPOINTMENT OF MEMBERS OF THE BOARD OF DIRECTORS AND MEETINGS OF THE BOARD.

Read the first time and referred to the Committee on Judiciary.

S. 898 -- Senator Leatherman: A BILL TO AMEND SECTIONS 17-5-140 AND 17-5-265, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORONER AND MEDICAL EXAMINER, RESPECTIVELY, TO NOTIFY THE DEPARTMENT OF CHILD FATALITIES OF CERTAIN DEATHS, SO AS TO PROVIDE IMMUNITY FROM A CIVIL ACTION FOR ACTS OR COMMISSIONS MADE IN COMPLIANCE WITH THE LAW; TO AMEND SECTION 20-7-5910, RELATING TO THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO ADD A PEDIATRICIAN WITH EXPERTISE IN SUDDEN INFANT DEATH SYNDROME; AND TO AMEND SECTION 20-7-5915, AS AMENDED, RELATING TO PURPOSE AND DUTIES OF THE DEPARTMENT OF CHILD FATALITIES, SO AS TO DIRECT THE DEPARTMENT TO REQUIRE AN AUTOPSY IN CERTAIN CASES OF SUDDEN DEATH OF AN INFANT AND TO DEVELOP A PROTOCOL FOR THESE AUTOPSIES.

Read the first time and referred to the Committee on Judiciary.

S. 899 -- Senator Land: A BILL TO AMEND SECTION 59-53-1900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TWO OR MORE SCHOOL DISTRICTS JOINING TO CREATE VOCATIONAL SCHOOL BOARDS AND THE MEMBERSHIP OF THESE VOCATIONAL SCHOOL BOARDS SO AS TO PROVIDE THAT THE SUPERINTENDENTS OF PARTICIPATING SCHOOL DISTRICTS SHALL SERVE AS VOTING MEMBERS RATHER THAN AS NONVOTING MEMBERS OF THESE BOARDS AND TO FURTHER PROVIDE FOR THE OTHER ORGANIZATIONAL MATTERS REGARDING THESE BOARDS.

Read the first time and on motion of Senator LAND, with unanimous consent, ordered placed on the local and uncontested Calendar without reference.

S. 899--Ordered to a Second and Third Reading

On motion of Senator LAND, S. 899 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 900 -- Senators O'Dell and Waldrep: A CONCURRENT RESOLUTION CONGRATULATING CRESCENT HIGH SCHOOL GIRLS' SOFTBALL TEAM OF IVA, SOUTH CAROLINA, UPON RECOGNITION AS THE 1995 AA STATE CHAMPIONS.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 901 -- Senator Gregory: A CONCURRENT RESOLUTION RECOGNIZING MRS. VIRGINIA PADGETT BIGGERSTAFF OF LANCASTER COUNTY UPON THE OCCASION OF HER RETIREMENT AFTER A THIRTY-YEAR TEACHING CAREER AND EXTENDING BEST WISHES FOR A LONG AND FULFILLING RETIREMENT.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 902 -- Senators Richter, McConnell, Matthews, Passailaigue, Rose, Washington, Ford, Mescher and Greg Smith: A CONCURRENT RESOLUTION TO HONOR THE BELOVED CAROLYN HEYMAN GOODSTEIN OF CHARLESTON ON THE OCCASION OF HER EIGHTY-FIFTH BIRTHDAY AND TO CELEBRATE HER RICH AND FULL LIFE AND WISH HER A FUTURE FULL OF GOOD HEALTH AND THE CONTINUED ENJOYMENT OF A LOVING AND DEVOTED FAMILY.

The Concurrent Resolution was adopted, ordered sent to the House.

H. 4285 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING MARTIN BROTHERS, INC., OF SUMMERTON ON BEING SELECTED AS THE FIRST RECIPIENT OF GEORGIA-PACIFIC'S "OUTSTANDING LOGGER AWARD".

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4288 -- Reps. Neilson, Baxley and Hines: A CONCURRENT RESOLUTION CONGRATULATING THE ST. JOHNS HIGH SCHOOL VARSITY BASEBALL TEAM OF DARLINGTON COUNTY ON WINNING THE 1995 CLASS AAA STATE CHAMPIONSHIP.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4289 -- Rep. Boan: A CONCURRENT RESOLUTION COMMENDING JAMES M. "JIMMY" NEAL OF LANCASTER COUNTY FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE LANCASTER COUNTY SCHOOL DISTRICT AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT AS PRINCIPAL OF ANDREW JACKSON HIGH SCHOOL.

The Concurrent Resolution was adopted, ordered returned to the House.

CONCURRENCE

S. 734 -- Senators O'Dell and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF STATE HIGHWAY 20 IN ANDERSON COUNTY FROM WILLIAMSTON SOUTHWARD THROUGH BELTON TO THE ABBEVILLE COUNTY LINE AS THE "ERNEST ALLEN BURRISS MEMORIAL HIGHWAY".

The House returned the Resolution with amendments.

On motion of Senator O'DELL, the Senate concurred in the House amendments and a message was sent to the House accordingly.

Point of Quorum

Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

CONCURRENCE

S. 180 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-710 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO DEVELOP WRITTEN POLICIES AND PROCEDURES FOR PAROLE HEARINGS TO BE HELD BY VIDEO CAMERA AND TO PROMULGATE CERTAIN REGULATIONS, ALLOW THE VICTIM OF THE CRIME FOR WHICH A PRISONER HAS BEEN SENTENCED TO SUBMIT ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY AT THE PRISONER'S PAROLE HEARING INFORMATION FOR CONSIDERATION BY THE BOARD OF PROBATION, PAROLE AND PARDON, ALLOW THE SAME PROCEDURE FOR THE PROSECUTING SOLICITOR, REQUIRE THE BOARD TO CONSIDER, IN MAKING ITS DETERMINATION REGARDING PAROLE FOR A PRISONER, MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING SUBMITTED BY THE PERSON WHOSE PAROLE IS BEING CONSIDERED AND MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY SUBMITTED BY THE PROSECUTING SOLICITOR OR THE VICTIM OR BOTH, AND PROVIDE FOR RELATED MATTERS AND DETAILS CONCERNING SUCH FILM, VIDEO TAPE, OTHER ELECTRONIC INSTRUMENT, OR RECORDING ALLOWED BY THIS SECTION; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO INSTALL AND USE A CLOSED CIRCUIT TELEVISION SYSTEM IN EACH CORRECTIONAL INSTITUTION OF THE DEPARTMENT THAT HAS PERSONS ELIGIBLE FOR PAROLE, AND REQUIRE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO INSTALL AND USE THE SAME SYSTEM AT THE PRINCIPAL OFFICE OF THE DEPARTMENT, FOR THE PURPOSE OF THE CONDUCT OF PAROLE HEARINGS BY MEANS OF A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM, AND REQUIRE THAT PAROLE HEARINGS BE CONDUCTED BY MEANS OF THIS SYSTEM.

The House returned the Bill with amendments.

On motion of Senator BRYAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

S. 397 -- Senator Ryberg: A BILL TO AMEND SECTION 61-1-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUMSTANCES UNDER WHICH A PARTIAL REFUND IS ALLOWED OF A LICENSED BEER, WINE, OR ALCOHOLIC LIQUOR LICENSE OR PERMIT FEE, SO AS TO PROVIDE A PARTIAL REFUND FOR ANY REASON WHICH RESULTED IN THE CLOSE OF THE LICENSED OR PERMITTED ESTABLISHMENT DURING THE FIRST YEAR OF THE BIENNIAL PERIOD AND TO PROVIDE FOR SUCH REFUNDS FOR BIENNIAL LICENSES OR PERMITS ISSUED AFTER JUNE 30, 1992.

The House returned the Bill with amendments.

Senator GREG SMITH proposed the following amendment (397R002.GS), which was tabled:

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION _____. Chapter 5, Title 61 of the 1976 Code is amended by adding:

"Section 61-5-185.   (A)   Permits authorized by Section 61-5-180 may be issued to bona fide nonprofit organizations and businesses established and licensed under Section 61-5-50, upon application and payment of the filing and permit fees, as authorized in subsection (B).

(B)   Notwithstanding any other provision of law, an organization or business may qualify for the issuance of such permits if:

(1)   the applicant is an organization or business that is located east of the intracoastal waterway in an area of the county that adjoins a county that has passed a referendum authorizing the issuance of permits pursuant to Section 61-5-180 and has annual accommodations tax collections in excess of six million dollars;

(2)   the annual accommodation tax collections in the county where the applicant is located exceeds five hundred thousand dollars; and

(3) a majority of the qualified electors of the area vote in a referendum in favor of the issuance of the permits. The petition must clearly identify the area of the county for which the referendum is sought. The county election commission shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the area for which the authorization to issue permits is sought. The county election commission shall review and certify that the requisite number of signatures has been obtained within a reasonable period of time after receipt not to exceed thirty days and the referendum must be held not less than thirty nor more than forty days after such certification. The election commission shall cause a notice to be published in a newspaper circulated in the area of the county for which authorization to issue a permit is sought at least seven days before the referendum. The state election laws shall apply to the referendum mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the Department of Revenue. The question on the ballot shall read substantially as follows:

'Shall the Department of Revenue be authorized to issue temporary permits in the (portion of the unincorporated area of the county) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'

A referendum for this purpose for a given county area may not be held more often than once in forty-eight months. However, nothing in this section shall be construed to affect a referendum held pursuant to Section 61-5-180.

The expenses of any such referendum must be paid by the county or municipality conducting the referendum."/

Amend title to conform.

Senator GREG SMITH explained the amendment.

Senator CORK argued contra to the amendment.

Senator CORK moved to lay the amendment on the table.

The amendment was tabled.

On motion of Senator RYBERG, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE RECONSIDERED
CARRIED OVER

S. 397 -- Senator Ryberg: A BILL TO AMEND SECTION 61-1-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUMSTANCES UNDER WHICH A PARTIAL REFUND IS ALLOWED OF A LICENSED BEER, WINE, OR ALCOHOLIC LIQUOR LICENSE OR PERMIT FEE, SO AS TO PROVIDE A PARTIAL REFUND FOR ANY REASON WHICH RESULTED IN THE CLOSE OF THE LICENSED OR PERMITTED ESTABLISHMENT DURING THE FIRST YEAR OF THE BIENNIAL PERIOD AND TO PROVIDE FOR SUCH REFUNDS FOR BIENNIAL LICENSES OR PERMITS ISSUED AFTER JUNE 30, 1992.

Having voted on the prevailing side, Senator MOORE asked unanimous consent to make a motion to reconsider the vote whereby the Senate concurred in the House amendments.

There was no objection.

Senator RYBERG explained the amendment.

Senator McGILL asked to carry the Bill over.

There was no objection.

CONCURRENCE

S. 679 -- Senator Passailaigue: A BILL TO AMEND CHAPTER 7 OF TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 52-7-30, RELATING TO THE POWERS OF THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MAY EXEMPT FROM ITS REGULATIONS CERTAIN SCHOOLS, BUSINESSES, AND ASSOCIATIONS THAT PROVIDE INSTRUCTION IN THE COMBATIVE SPORTS, TO DEFINE CERTAIN TERMS; AND TO FURTHER AMEND CHAPTER 7, BY ADDING SECTION 52-7-145 SO AS TO BAN CONTESTS INVOLVING MORE THAN ONE OF THE COMBATIVE SPORTS AND COMBATIVE SPORTS EVENTS INVOLVING THE USE OF WEAPONS.

The House returned the Bill with amendments.

On motion of Senator PASSAILAIGUE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

H. 3104 -- Reps. Shissias, Stille and Kelley: A BILL TO AMEND SECTION 20-7-1318, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN INCOME-WITHHOLDING TO ENFORCE SUPPORT ORDERS, SO AS TO REVISE THE DEFINITION OF "SUPPORT ORDER" AND TO CORRECT A CROSS-REFERENCE.

The House returned the Bill with amendments.

Senator STILWELL explained the amendments.

On motion of Senator STILWELL, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

HOUSE CONCURRENCE

S. 894 -- Senators Wilson, Courson, Giese, Patterson, Jackson, Ryberg, Setzler, Lander and Williams: A CONCURRENT RESOLUTION CONGRATULATING THE FIRST PRESBYTERIAN CHURCH (ASSOCIATE REFORMED SYNOD) OF COLUMBIA, SOUTH CAROLINA, ON THE OCCASION OF ITS TWO HUNDREDTH ANNIVERSARY, JUNE 4, 1995.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 895 -- Senator O'Dell: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF ANDERSON POLICE CHIEF JAMES E. BURRISS ON THE OCCASION OF HIS RETIREMENT AND WISHING FOR HIM MANY HAPPY AND FULFILLING YEARS.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 896 -- Senators Matthews, Rose, Mescher, Washington and McConnell: A CONCURRENT RESOLUTION TO RECOGNIZE JUDGE CRANSTON PINCKNEY FOR HIS SERVICE TO THE COMMUNITIES OF DORCHESTER COUNTY AND TO CONGRATULATE HIM UPON HIS APPOINTMENT AS THE FIRST AFRICAN-AMERICAN TO SERVE AS A DORCHESTER COUNTY MAGISTRATE.

Returned with concurrence.

Received as information.

NONCONCURRENCE

H. 4239 -- Reps. Wilkins, H. Brown, J. Brown, Cato, Harrison, Sharpe, Townsend, Haskins and Huff: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 1, 1995, AT 5:00 P.M. THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 5, 6, 7, 8, AND 9, 1995, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF THE AFFECTED DELEGATION AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 9, 1995, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION UNTIL 11:00 A.M., MONDAY, JUNE 19, 1995, AND TO CONTINUE IN SESSION, IF NECESSARY, THROUGH 5:OO P.M., THURSDAY, JUNE 22, 1995, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER DURING THAT PERIOD, AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS NO LATER THAN 5:00 P.M. ON THURSDAY, JUNE 22, 1995, IT SHALL STAND ADJOURNED TO MEET ON TUESDAY, OCTOBER 3, 1995, SOLELY FOR THE PURPOSE OF ELECTING PERSONS TO FILL THE JUDICIAL OFFICES CREATED IN THE 1995-96 GENERAL APPROPRIATIONS ACT AND PROVIDE THAT IT SHALL STAND ADJOURNED SINE DIE WHEN THE ELECTION IS FINISHED.

The House returned the Resolution with amendments.

On motion of Senator MOORE, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4226 -- Reps. Stuart, Cobb-Hunter, Sharpe, Felder and Govan: A BILL TO AUTHORIZE THE MEMBERS OF THE ORANGEBURG COUNTY TRANSPORTATION COMMITTEE TO BE REIMBURSED MILEAGE FROM FUNDS AVAILABLE FOR ADMINISTRATIVE EXPENSES OF THE COMMITTEE AND TO PROVIDE FOR THE ALLOWABLE RATE.

(By prior motion of Senator MATTHEWS)

H. 4224 -- Reps. Stille, Carnell, McAbee and Townsend: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE ABBEVILLE COUNTY TRANSPORTATION COMMITTEE.

(By prior motion of Senator LANDER)

H. 4009 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: CONSTRUCTION, DEMOLITION AND LAND-CLEARING DEBRIS LANDFILLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1786, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(By prior motion of Senator COURTNEY, with unanimous consent)

H. 4215 -- Reps. Cain and Sandifer: A BILL TO AMEND ACT 613 OF 1992, RELATING TO THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION AND THE SCHOOL DISTRICT OF OCONEE COUNTY, SO AS TO REDUCE FROM NINE TO FIVE THE NUMBER OF MEMBERS ON THE BOARD OF TRUSTEES, PROVIDE THAT AFTER SERVING THE COMPLETION OF THE CURRENT AT-LARGE TERMS THE DISTRICT IS GOVERNED BY TRUSTEES ELECTED ONLY FROM SINGLE-MEMBER DISTRICTS, PROVIDE FOR THE FILLING OF VACANCIES, AND REQUIRE A FILING FEE FOR A CANDIDATE FOR TRUSTEE.

H. 4188 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-455, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO RAISE THE THRESHOLD MONETARY LEVELS WITH RESPECT TO "CHARGEABLE" ACCIDENTS; TO PROVIDE THAT THE THRESHOLD AMOUNTS, AS CHANGED BY THIS ACT, APPLY ONLY TO ACCIDENTS OCCURRING AFTER JUNE 30, 1995, AND ALSO APPLY TO ANY MERIT RATING PLAN PROMULGATED PURSUANT TO SECTION 38-73-760; AND TO PROVIDE FOR A REVIEW OF THESE THRESHOLD AMOUNTS EVERY THREE YEARS.

H. 3984 -- Reps. Cotty, Sheheen, Baxley, Boan and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 25, TITLE 50, SO AS TO PROVIDE RESTRICTIONS FOR MOTORBOATS ON LAKE WATEREE.

H. 4008 -- Reps. Govan, Cave, Cobb-Hunter, Stuart, Rhoad and Sharpe: A BILL TO AMEND ACT 346 OF 1975, RELATING TO THE TRICOUNTY COMMISSION ON ALCOHOL AND DRUG ABUSE, SO AS TO REVISE THE COMPOSITION OF THE COMMISSION; TO DELETE THE REQUIREMENT THAT THE CHAIRMANSHIP MUST ROTATE; TO ADD ADDITIONAL POWERS AND DUTIES; TO PROVIDE ADDITIONAL DISTRIBUTION OF COPIES OF THE COMMISSION AUDIT REPORT; AND TO PROVIDE THAT ALL MEMBERS CURRENTLY SERVING ON THE COMMISSION CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR CURRENT TERMS.

H. 3426 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THE RECORD WHICH MUST BE KEPT REGARDING THE CASES AND HEARINGS BEFORE AN ADMINISTRATIVE LAW JUDGE.

AMENDED, CARRIED OVER

H. 3567 -- Rep. Quinn: A BILL TO AMEND SECTION 61-1-95, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEER, WINE, AND ALCOHOLIC BEVERAGE PERMITS AND LICENSES, SO AS TO DELETE THE PROHIBITION ON THE ISSUE OF A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO ANY PERSON WITHIN THE THIRD DEGREE OF KINSHIP TO THE PERSON WHOSE PERMIT OR LICENSE WAS SUSPENDED AND TO DELETE THE PROHIBITION ON ISSUING A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO A PARTNER OR PERSON WITH A FINANCIAL INTEREST IN THE PREMISES OF THE ESTABLISHMENT FOR WHICH THE PERMIT OR LICENSE WAS SUSPENDED.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Amendment No. 1

Senator SALEEBY proposed the following Amendment No. 1 (GJK\22052JM.95), which was adopted:

Amend the bill, as and if amended, page 2, by striking SECTION 2 and inserting:

/SECTION   2.   Notwithstanding any other provision of law:

(1)   all biennial licenses and permits granted pursuant to Title 61 of the 1976 Code shall be for a period of one year only and not longer;

(2)   the Code Commissioner is authorized and directed, in keeping with the provisions of item (1) of this section, to conform any statutory law necessary to reflect an annual period for these licenses and permits and shall delete the words "biennial" and "biennially" in this context and replace them with the words "annual" and "annually". Further, the amounts of fees for these licenses and permits shall be, and hereby are, reduced to an amount equaling one-half of the amounts or fees stated for biennial licenses and permits, and the Code Commissioner is authorized and directed to change the amounts of these fees accordingly.

SECTION   3.   Section 1 of this act takes effect upon approval by the Governor. Section 2 of this act takes effect July 1, 1996./

Renumber sections to conform.

Amend totals and title to conform.

Senator SALEEBY explained the amendment.

The amendment was adopted.

On motion of Senator MOORE, the Bill was carried over.

ADOPTION OF AMENDMENT RECONSIDERED
AMENDMENT WITHDRAWN
READ THE THIRD TIME
ORDERED ENROLLED FOR RATIFICATION

H. 3567 -- Rep. Quinn: A BILL TO AMEND SECTION 61-1-95, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEER, WINE, AND ALCOHOLIC BEVERAGE PERMITS AND LICENSES, SO AS TO DELETE THE PROHIBITION ON THE ISSUE OF A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO ANY PERSON WITHIN THE THIRD DEGREE OF KINSHIP TO THE PERSON WHOSE PERMIT OR LICENSE WAS SUSPENDED AND TO DELETE THE PROHIBITION ON ISSUING A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO A PARTNER OR PERSON WITH A FINANCIAL INTEREST IN THE PREMISES OF THE ESTABLISHMENT FOR WHICH THE PERMIT OR LICENSE WAS SUSPENDED.

Senator MOORE asked unanimous consent to take up the Bill, which was previously carried over, for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Having voted on the prevailing side, Senator MOORE asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 1 (GJK\22052JM.95) proposed by Senator SALEEBY was adopted.

There was no objection.

On motion of Senator MOORE, with unanimous consent, Amendment No. 1 was withdrawn.

The Bill was read the third time and having received three readings in both Houses it was ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

HOUSE BILL RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 4018 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-16-75 SO AS TO PROHIBIT A SPECIAL INSPECTOR FROM PERFORMING ELEVATOR INSPECTIONS UNDER CERTAIN CIRCUMSTANCES.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3364 -- Reps. Tucker, P. Harris, McAbee and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 IN TITLE 25, RELATING TO MILITARY, CIVIL DEFENSE, AND VETERANS' AFFAIRS, SO AS TO ESTABLISH THE VETERANS' TRUST FUND OF SOUTH CAROLINA AND PROVIDE FOR ITS POWERS, DUTIES, AND GOVERNANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-2417 SO AS TO PROVIDE A DESIGNATION ON STATE INDIVIDUAL INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE VETERANS' TRUST FUND OF SOUTH CAROLINA.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senators WALDREP and SHORT proposed the following amendment (3364R005.KRL), which was adopted:

Amend the bill, as and if amended, page 4, beginning on line 20, by striking SECTION 3 in its entirety. Renumber remaining sections to conform.

Amend title to conform.

Senator WALDREP explained the amendment.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3703 -- Reps. Hallman, Baxley, Quinn, Cobb-Hunter, Kirsh, Jennings, A. Young, Stuart, R. Smith, Lloyd, Herdklotz, Harrison, Littlejohn, Meacham, Sharpe, Simrill, G. Brown, Robinson, Fulmer, Stoddard, Seithel, Fair, Wright, H. Brown, Limehouse, Vaughn, Jaskwhich, Inabinett, Haskins, Wells, Beatty, Tripp, Easterday, Wofford, Walker, Law, Marchbanks, Waldrop, Riser, Stille, D. Smith, Sandifer, Cotty, Cain, Whatley, Gamble, Hutson, Koon, Lanford, Tucker, Davenport, Harwell, Limbaugh, Felder, Cooper, Mason, Chamblee, J. Harris, Wilkes, Boan, Carnell, Fleming, Spearman, Hodges, J. Young, Dantzler, Martin, Klauber, Bailey, Richardson and Witherspoon: A BILL TO AMEND SECTION 24-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL PUNISHMENT BY ELECTROCUTION, SO AS TO REQUIRE CAPITAL PUNISHMENT BY ELECTROCUTION OR LETHAL INJECTION.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator MARTIN proposed the following amendment (JUD3703.001), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION   1.   Section 24-3-530 of the 1976 Code, as last amended by Section 420, Act 181 of 1993, is further amended to read:

"Section 24-3-530.   (A)   All persons A person convicted of a capital crime and having imposed upon them him the sentence of death shall suffer such the penalty by electrocution or, at the election of the person, lethal injection within the walls of the State Penitentiary at Columbia under the direction of the Director of the Department of Corrections. The election for death by electrocution or lethal injection must be made in writing fourteen days before the execution date or it is waived. If the person waives the right of election, then the penalty must be administered by lethal injection.

(B)   A person convicted of a capital crime and sentenced to death by electrocution prior to the effective date of this section must be administered death by electrocution unless the person elects death by lethal injection in writing fourteen days before the execution date.

(C)   If execution by lethal injection under this section is held to be unconstitutional by an appellate court of competent jurisdiction, then the manner of inflicting a death sentence must be by electrocution."

SECTION   2.   This act takes effect upon approval by the Governor and applies to all executions administered on and after the effective date of this act, irrespective of the date the sentence was imposed./.

Amend title to conform.

Senator MARTIN explained the amendment.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 501 -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-110 SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY MAY NOT IMPOSE A MORATORIUM ON A CONSTRUCTION PROJECT FOR WHICH A PERMIT HAS BEEN GRANTED WITHOUT GIVING A TWO-WEEK NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY IN WHICH THE PROJECT IS LOCATED AND REQUIRE AT LEAST TWO READINGS WHICH ARE A WEEK APART BEFORE A MORATORIUM MAY BE IMPOSED.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 3518 -- Rep. Richardson: A BILL TO AMEND SECTION 38-31-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT", SO AS TO CHANGE THE DEFINITION OF "COVERED CLAIM"; AND TO AMEND SECTION 38-31-100, RELATING TO THE SAME ACT, THE REQUIREMENT THAT CLAIMANTS EXHAUST RIGHTS UNDER OTHER POLICIES, AND CLAIMS RECOVERABLE FROM MORE THAN ONE ASSOCIATION, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT ANY RECOVERY UNDER THIS ACT MUST BE REDUCED BY THE STATUTORY CAP APPLICABLE TO THE OTHER INSURANCE GUARANTY ASSOCIATION OR ITS EQUIVALENT.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (S-INS-001) proposed by Senator SALEEBY and previously printed in the Journal of May 30, 1995.

Senator SALEEBY explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 3663 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2340 SO AS TO CREATE AN ANTIQUE MOTOR VEHICLE DEALER LICENSE PLATE.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator GIESE proposed the following amendment (GJK\22050SD.95), which was adopted:

Amend the bill, as and if amended, by adding a new section appropriately numbered to read:

/SECTION   ____.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 72
South Carolina Olympic License Plates

Section 56-3-7700.   (A)   The department may issue special motor vehicle license plates commemorating the 1996 Olympics which may have imprinted on the plates an emblem, seal, or other symbol approved by the United States Olympic Committee and the department. The fee for this special license plate is fifty dollars every two years in addition to the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title. This special license plate must be the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.

(B)   The fees collected pursuant to this section, after the costs to produce and administer the distribution of this special license plate have been satisfied, must be distributed in the following manner:

(1)   fifty percent to the United States Olympic Committee; and

(2)   fifty percent to the South Carolina Amateur Sports Program."/

Renumber sections to conform.

Amend totals and title to conform.

Senator GIESE explained the amendment.

Senator REESE proposed the following amendment (BBM\10361CM.95):

Amend the bill, as and if amended, by adding an appropriately-numbered SECTION to read:

/SECTION   __.   Section 56-3-2320 of the 1976 Code, as last amended by Section 4, Act 423 of 1994 and Sections 37 and 121(J), Part II, Act 497 of 1994, is further amended to read:

"Section 56-3-2320.   (A)   Upon application being made and the required fee being paid to the department, the department may issue dealer license plates to a licensed motor vehicle dealer. The license plates, notwithstanding other provisions of this chapter to the contrary, may be used exclusively on motor vehicles owned by, assigned, or loaned for test driving purposes to the dealer when operated on the highways of this State by the dealer, its corporate officers, its employees, or a prospective purchaser of the motor vehicle. The use by a prospective purchaser is limited to seven days, and the dealer shall provide the prospective purchaser with a dated demonstration certificate. The certificate must be approved by the department. Dealer plates must not be used to operate wreckers or service vehicles in use by the dealer nor to operate vehicles owned by the dealer that are leased or rented by the public. No dealer plates may be issued by the department unless the dealer furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36 of Title 12 and has made at least twenty sales of motor vehicles in the twelve months preceding his application for a dealer plate. The sales requirement may be waived by the department if the dealer has been licensed for less than one year. For purposes of this section, the transfer of ownership of a motor vehicle between the same individual or corporation more than one time is considered as only one sale. Multiple transfer of motor vehicles between licensed dealers for the purpose of meeting eligibility requirements for motor vehicle dealer plates is prohibited.

A dealer may be issued one plate for fewer than twelve vehicles sold during the preceding year, two plates for the first twenty vehicles sold during the preceding year, and one additional plate for each fifteen vehicles sold beyond the initial twenty during the preceding year.

For good cause shown, the department in its discretion may issue extra plates. If the dealer has been licensed less than one year, the department shall issue a number of license plates based on an estimated number of sales for the coming year. The department may increase or decrease the number of plates issued based on actual sales made.

The cost of each dealer plate issued is twenty dollars.

Upon application to the department, a public or private school, college, or university may be issued an education license plate to be used on vehicles loaned or rented to the school, college, or university by a licensed motor vehicle dealer. The plate must be a personalized plate designed by the department. The cost of each plate issued is two hundred dollars, of which one hundred sixty dollars must be remitted by the department to the county in which the school, college, or university is located. Each plate is valid for two years, and there is no limit on the number of plates which may be issued.

A dealer license plate is allowed on a motor vehicle which the dealer lends to a public or private school for use in a driver education program. A plate used for this purpose may be obtained without fee and without regard to the limit on plates issued pursuant to this section. When the motor vehicle is no longer used for driver education, the dealer shall surrender the plate to the department.

Notwithstanding the provisions of this section, a dealer exclusively selling heavy duty trucks at retail is eligible to obtain dealer license plates for exclusive use on the heavy duty trucks regardless of the number of trucks sold by him during the preceding required number of months. These dealer license plates for trucks must be noted with a distinct and separate identification and used only on heavy duty trucks. For purposes of this section, heavy duty trucks include trucks having a gross vehicle weight of sixteen thousand pounds or greater.

(B)   For purposes of this section, the testing or demonstration of a truck as defined in Section 56-3-20(10) includes permitting a prospective buyer to use the truck for carrying merchandise or cargo for not more than three days upon the dealer providing the buyer with a special demonstration certificate for this purpose. The form and content of the demonstration certificate must be as prescribed by regulation of the department which also shall provide certificates to dealers upon their request. The original certificate must be kept by the buyer in the cab of the truck during the three-day demonstration period, and the dealer shall retain a copy of the certificate and mail a copy of the certificate to the department within twenty-four hours after it is issued to the buyer."/

Renumber sections to conform.

Amend title to conform.

Senator REESE asked unanimous consent to withdraw the amendment.

There was no objection.

The amendment was withdrawn.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

SECOND READING BILLS

The following Bills having been read the second time were ordered placed on the third reading Calendar:

S. 879 -- Senator Martin: A BILL TO AMEND SECTION 7-7-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS FOR PICKENS COUNTY, SO AS TO CONSOLIDATE THE UNIVERSITY PRECINCT AND THE FORT HILL PRECINCT IN PICKENS COUNTY INTO A SINGLE PRECINCT ENTITLED THE "FORT HILL" PRECINCT.

(By prior motion of Senator ALEXANDER)

H. 4203 -- Reps. Stille, Carnell, McAbee and Townsend: A BILL TO AMEND SECTION 7-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ABBEVILLE COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.

H. 4203--Ordered to a Third Reading

On motion of Senator O'DELL, H. 4203 was ordered to receive a third reading on Thursday, June 1, 1995.

CARRIED OVER

H. 4015 -- Rep. Wilkins: A BILL TO AMEND SECTION 33-37-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMENDMENTS TO CHARTERS FOR BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO DELETE THE PROVISION PROHIBITING THE CREATION OF NEW CLASSES OF STOCK; TO AMEND SECTION 33-37-410, RELATING TO MEMBERS, STOCKHOLDERS, AND BONDHOLDERS OF THE CORPORATIONS, SO AS TO CLARIFY THE AUTHORIZED INVESTORS AND INVESTMENT LIMITS; TO AMEND SECTION 33-37-450, RELATING TO VOTING BY STOCKHOLDERS AND MEMBERS OF THE CORPORATION, SO AS TO REVISE THE PROVISIONS TO MAKE THEM CONSISTENT AND COMPATIBLE WITH HAVING NEW CLASSES OF STOCK; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO THE CORPORATION, SO AS TO REVISE THE PROVISIONS FOR LOAN LIMITS AND INVESTMENT LIMITS; TO AMEND SECTION 33-37-630, RELATING TO THE ELECTION OF THE BOARD OF DIRECTORS OF CORPORATIONS, SO AS TO CLARIFY THE REQUIREMENTS FOR ELECTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 33-37-470 SO AS TO AUTHORIZE THE ISSUANCE OF NEW CLASSES OF STOCK AND ARTICLE 9 TO CHAPTER 37, TITLE 33 SO AS TO PROVIDE FOR APPLICATION OF THE BUSINESS CORPORATIONS ACT.

Senator WILSON explained the Bill.

On motion of Senator PATTERSON, the Bill was carried over.

AMENDMENT WITHDRAWN, CARRIED OVER

H. 3639 -- Reps. Harrison, Jennings, Harwell, Shissias, Klauber and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO PERMIT COURT-MANDATED MEDIATION AS WELL AS CONSENSUAL MEDIATION IN THE FAMILY COURTS.

Senator STILWELL asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator STILWELL proposed the following amendment (JUD3639.010):

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to the bill to read:

/SECTION ___.   Section 15-78-30(c) of the 1976 Code of Laws is amended to read:

"(c)   Prior to January 1, 1989, 'Employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession.

On or after January 1, 1989, 'Employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, whether with or without compensation, and volunteers in a public guardian ad litem program serving without compensation or with nominal compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State."

SECTION ___.   Section 15-78-60 of the 1976 Code is amended by adding a new item to read:

"(32)   acts and omissions of volunteers in public guardian ad litem programs serving without compensation or with nominal compensation and acting within the scope of their responsibilities as court-appointed guardians ad litem, when such acts or omissions are done in good faith, and do not constitute gross negligence, recklessness, wilfulness, or wantonness."

SECTION ___.   Article 3, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"SUBARTICLE 2
Guardians Ad Litem

Section 20-7-105.   A person serving by court appointment as a guardian ad litem under this section, and who is not covered by the immunity provision of Section 15-78-60(32), is immune from civil liability when acting within the scope of his responsibilities as a court-appointed guardian ad litem for acts or omissions done in good faith which do not constitute gross negligence, recklessness, wilfulness, or wantonness.

Section 20-7-107.   (A)   In contested custody proceedings involving a minor child or children, the court may appoint a guardian ad litem for the child. The appointment must be made as soon as possible after the commencement of the proceeding. In determining whether an appointment must be made, the court shall consider:

(1)   the wishes of the parties;

(2)   the age of the child;

(3)   the nature of the proceeding, including the contentiousness of the hearing;

(4)   the financial resources of the parties;

(5)   the extent a guardian ad litem may assist in providing information concerning the best interests of the child; and

(6)   other factors the court determines relevant.

(B)   The court shall specify the duties of the guardian ad litem. If, in order to perform the assigned duties, the guardian needs information concerning the child or parents, the court may order the parent to sign an authorization form allowing the release of the necessary information. The duties of the guardian ad litem may include the following:

(1)   interviewing the child with or without another person present;

(2)   interviewing the parents, teachers, and other people who have knowledge of the child or family;

(3)   reviewing mental health, medical, and school records of the child;

(4)   reviewing mental health and medical records of the parents;

(5)   retaining an attorney to represent the guardian ad litem in the pending proceeding, with approval of the court;

(6)   subpoenaing witnesses and documents and examining and cross-examining witnesses;

(7)   serving as a contact person between the parents and the child;

(8)   making a written report of investigations, findings, and recommendations, with copies of the report to each party and the court; and

(9)   other duties that the court determines necessary.

(C)   The guardian ad litem's standard of duty must be guided by the best interests of the child.

(D)   A written report of a guardian ad litem may be admitted as evidence in the proceeding for which the guardian was appointed only if the party seeking the admission of the report has furnished a copy to all parties at least five days prior to the hearing. The report may not be admitted as evidence without the testimony of the guardian ad litem if a party objects to the admittance of the report at least two days prior to the hearing.

(E)   Payment for the services of the guardian ad litem is the responsibility of the parties, as ordered by the court. In determining the responsibility for payment, the court shall consider:

(1)   the income of the parties;

(2)   the marital and nonmarital assets of the parties;

(3)   the division of property made as part of the final divorce;

(4)   which party requested appointment of a guardian; and

(5)   other relevant factors."

SECTION ___.   Section 20-7-127 of the 1976 Code is repealed./

Amend title to conform.

Senator STILWELL explained the amendment.

Senator STILWELL asked unanimous consent to withdraw the amendment.

There was no objection.

The amendment was withdrawn.

On motion of Senator MOORE, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

AMENDMENT PROPOSED, CARRIED OVER

H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 11 (JIC\6052HTC.95) proposed by Senator RANKIN and previously printed in the Journal of Tuesday, May 30, 1995.

Senator RANKIN argued in favor of the adoption of the amendment.

Senator RANKIN moved that the amendment be adopted.

Senator LEATHERMAN argued contra to the adoption of the amendment.

ACTING PRESIDENT PRESIDES

At 5:15 P.M., Senator GLOVER assumed the Chair.

Senator LEATHERMAN continued arguing contra to the adoption of the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

Leave of Absence

On motion of Senator THOMAS at 5:15 P.M., Senator RICHTER was granted a leave of absence until 6:00 P.M.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 19; Nays 17

AYES

Bryan                     Jackson                   Land
Leatherman                Leventis                  Martin
Matthews                  McConnell                 Mescher
O'Dell                    Passailaigue              Rose
Ryberg                    Saleeby                   Short
Stilwell                  Thomas                    Waldrep
Washington                

TOTAL--19

NAYS

Alexander                 Cork                      Courson
Courtney                  Giese                     Gregory
Hayes                     Lander                    McGill
Moore                     Patterson                 Rankin
Reese                     Russell                   Setzler
Smith, G.                 Wilson                    

TOTAL--17

The amendment was laid on the table.

Amendment No. 12

Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. 12 (3901R014.ELP):

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION   ____.   A.   Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:

"Section 12-37-224.   (A)   In addition to property tax exemptions allowed pursuant to Section 12-37-220(B), there is allowed as an exemption from ad valorem taxation an amount of the fair market value of residential real property assessed pursuant to Section 12-43-220 equal to increases in fair market value resulting from reassessments occurring after the year the present owner acquired ownership except as provided herein. When the property is transferred, its value for purposes of ad valorem taxation is its fair market value at that time. This exemption does not extend to increases in fair market value attributable to permanent improvements made to the property. For purposes of this exemption, the acquisition of residential property assessed pursuant to Section 12-43-220(c) by a spouse by interspousal gift or by a surviving spouse from the deceased spouse by devise or operation of law is not considered a change of ownership.

(B)   The Budget and Control Board must annually certify the change in the consumer price index in relation to the preceding year which must be used by the appropriate local governmental entity in changing the assessed value of real property within a county.

(C)   A county may increase the assessed value of a parcel of real property not transferred pursuant to subsection (A) within a county by no more than the annual percentage increase in the consumer price index established pursuant to subsection (B). Nothing in this section shall compel a reassessment of real property in a county."

B.   This section takes effect January 1, 1996, and applies with respect to increases in fair market value attributable to countywide reassessment programs implemented after 1985. No refunds must be paid for property tax years before 1995 as a result of the exemption allowed by this section./

Amend the bill further, as and if amended, by striking the last SECTION and inserting:

/SECTION   _____. Except as otherwise provided in this act, this act shall take effect upon approval of the Governor./

Amend the bill further, as and if amended, page 2, line 16, by adding before the / ? / the following:

/and to provide that assessments of real property shall occur at transfer and equal the fair market value and to limit assessment increases of real property not transferred to no more than the consumer price index/

Amend the bill further, as and if amended, beginning on page 5, line 19, by striking SECTION 3 in its entirety.

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

PRESIDENT PRESIDES

The PRESIDENT assumed the Chair.

Senator PASSAILAIGUE explained the amendment.

Senator MOORE moved to carry over the Bill.

The Bill was carried over.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED
Time Fixed

On motion of Senator MOORE, the Senate agreed that, when it adjourns today, it stand adjourned to meet at 10:00 A.M. on Thursday, June 1, 1995.

MOTION ADOPTED

On motion of Senator LEVENTIS, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

CARRIED OVER

H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

On motion of Senator MOORE, the Bill was carried over.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

CARRIED OVER

S. 456 -- Senators McConnell and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-115 SO AS TO PROVIDE THAT A FAMILY COURT-APPOINTED GUARDIAN AD LITEM IS IMMUNE FROM LIABILITY FOR ACTS OR OMISSIONS RELATING TO THE COURT APPOINTMENT; AND TO REPEAL SECTION 20-7-127 RELATING TO LIMITED IMMUNITY OF VOLUNTEER GUARDIANS AD LITEM IN FAMILY COURT PROCEEDINGS.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

On motion of Senator McCONNELL, the Bill was carried over.

CARRIED OVER

H. 3225 -- Reps. Cooper, Townsend, Fulmer, A. Young, Witherspoon, Allison, Walker, Vaughn, D. Smith, Harrell, H. Brown, P. Harris, Waldrop, Lanford, Davenport, Wells, Haskins, Stille, Hallman, Chamblee, Carnell, Klauber, Wofford, Harrison, Quinn, Stuart, Cotty, Shissias, J. Harris, Wright, Riser, Knotts, Fair, Easterday, Marchbanks, Trotter, Cato, Robinson and Tripp: A CONCURRENT RESOLUTION TO RESTORE THE TENTH AMENDMENT TO THE CONSTITUTION FOR THE UNITED STATES IN SOUTH CAROLINA.

The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment proposed by the Committee on Judiciary.

On motion of Senator LAND, the Resolution was carried over.

CARRIED OVER

H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (JIC\5990HTC.95) proposed by Senators LEATHERMAN, DRUMMOND, J. VERNE SMITH and JACKSON and previously printed in the Journal of Thursday, May 11, 1995.

On motion of Senator LEATHERMAN, the Bill was carried over.

THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.

CARRIED OVER

S. 144 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND TERMS OF OFFICE OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT THE BOARD'S OFFICE MAY BE LOCATED AT A PLACE OTHER THAN THE COUNTY SEAT WHEN IT IS NOT POSSIBLE OR PRACTICABLE TO DO SO.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

On motion of Senator McCONNELL, the Bill was carried over.

CARRIED OVER

S. 760 -- Senator Moore: A BILL TO AMEND SECTION 40-55-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS CONSTITUTING THE PRACTICE OF PSYCHOLOGY, SO AS TO INCLUDE PRACTICING PSYCHOLOGY.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

On motion of Senator MOORE, the Bill was carried over.

CARRIED OVER

H. 3106 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION, OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

On motion of Senator LEATHERMAN, the Bill was carried over.

CARRIED OVER

H. 3652 -- Reps. Keegan, Meacham, A. Young, Cobb-Hunter, Wofford, Bailey, Delleney, Worley, Whatley, Kelley, Thomas, Gamble, Koon, Seithel, Wells, Huff, Witherspoon, Riser, Martin, Spearman, McTeer and Fulmer: A BILL TO AMEND SECTION 22-5-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPUNGEMENT OF A CRIMINAL RECORD, SO AS TO PROHIBIT THE EXPUNGEMENT OF A CRIMINAL RECORD FOR A CRIME CONTAINED IN CHAPTER 25 OF TITLE 16.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

On motion of Senator McCONNELL, the Bill was carried over.

DEBATE ADJOURNED

H. 3269 -- Reps. Richardson, P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Kelley, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CERTAIN CONTINUING CARE RETIREMENT COMMUNITIES WHICH PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

On motion of Senator LAND, debate was adjourned on the Bill.

CARRIED OVER

H. 3639 -- Reps. Harrison, Jennings, Harwell, Shissias, Klauber and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO PERMIT COURT-MANDATED MEDIATION AS WELL AS CONSENSUAL MEDIATION IN THE FAMILY COURTS.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

On motion of Senator MOORE, the Bill was carried over.

CARRIED OVER

H. 3765 -- Reps. Meacham, Elliott, Herdklotz, Allison, Mason, Simrill, Wells, Moody-Lawrence, Littlejohn, Easterday, A. Young, Tripp, Rice, Fleming, Cato, Koon, Gamble and Riser: A BILL TO AMEND SECTION 16-25-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator McCONNELL moved to carry over the Bill.

Senator LEVENTIS objected.

Senator LEVENTIS asked to be recognized.

Point of Order

Senator McCONNELL raised a Point of Order that the motion was nondebatable.

The PRESIDENT sustained the Point of Order and stated that the motion was nondebatable.

The question then was the motion to carry over the Bill.

The Bill was carried over.

AMENDMENTS PROPOSED

H. 3704 -- Reps. Knotts, Whatley, Limehouse, Askins, Delleney, H. Brown, G. Brown, Fleming, Easterday, Cotty, Haskins, Hallman, Cromer, Cobb-Hunter, Herdklotz, Rogers, Neilson, Inabinett, Allison, Wright, Thomas, Moody-Lawrence, Howard, Tripp, Harrison, Stille, Martin, Huff, Stoddard, Koon, Wilkins, Keyserling, Riser, Wells, Gamble, McCraw, Kirsh, Dantzler, Sandifer, Wilkes, Seithel, Shissias, Jennings, Boan, Sheheen, D. Smith, Littlejohn, McTeer, Harvin, Vaughn, Cato, Spearman, Kinon, Hutson, Mason, Baxley, Quinn, Lloyd, Davenport, J. Harris, T. Brown, Lanford, Harwell, Harrell, Cain, Wilder, Byrd, Beatty and J. Young: A BILL TO AMEND SECTIONS 47-3-610, 47-3-620, AND 47-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING THE TEASING, MALTREATING, AND INJURING OF POLICE DOGS AND PENALTIES ASSOCIATED WITH THESE ACTIVITIES, SO AS TO EXTEND THESE PROHIBITIONS TO POLICE HORSES AND TO INCREASE THE PENALTIES.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator LEATHERMAN was recognized.

Senator LEVENTIS moved that the Senate stand adjourned.

The PRESIDENT stated that, since Senator LEATHERMAN had the floor, the motion to adjourn would require unanimous consent.

Senator McCONNELL objected.

Leaves of Absence

At 6:20 P.M., Senator BRYAN requested a leave of absence until 10:00 A.M. on Thursday, June 1, 1995.

At 6:21 P.M., Senator SALEEBY requested a leave of absence until 10:00 A.M. on Thursday, June 1, 1995.

At 6:22 P.M., Senator SETZLER requested a leave of absence beginning at 7:30 P.M. until 10:00 A.M. on Thursday, June 1, 1995.

Amendment No. 1

Senator PEELER proposed the following Amendment No. 1 (BBM\10360CM.95):

Amend the bill, as and if amended, by adding an appropriately-numbered SECTION to read:

/SECTION   __.   Section 47-3-630 of the 1976 Code, as added by Act 512 of 1988, is amended to read:

"Section 47-3-630.   A person who violates any of the provisions a provision of this article is guilty of a misdemeanor and, upon conviction, must be fined no less than five hundred two thousand dollars and no more than one five thousand dollars or imprisoned for no less than thirty days one year or no more than six months five years, or both."/

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN spoke on the Bill.

Leave of Absence

At 6:40 P.M., Senator GIESE requested a leave of absence beginning at 7:30 P.M. until 10:00 A.M. on Thursday, June 1, 1995.

Senator LEATHERMAN spoke on the Bill.

Point of Order

Senator LEVENTIS raised a Point of Order that the speaker's remarks were tedious and superfluous.

Senator LEATHERMAN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator LEATHERMAN continued speaking on the Bill.

Point of Order

Senator LEVENTIS raised a Point of Order that the speaker's remarks were tedious and superfluous.

Senator LEATHERMAN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator LEATHERMAN continued speaking on the Bill.

On motion of Senator MOORE, with unanimous consent, the Senate proceeded to a consideration of Amendment No. 2.

Amendment No. 2

Senator LEATHERMAN proposed the following Amendment No. 2 (GJK\22042SD.95):

Amend the bill, as and if amended, by adding new sections appropriately numbered to read:

/SECTION   ____.   The 1976 Code is amended by adding:

"CHAPTER 20
Confined Livestock and Poultry Facilities

Section 47-20-10.   Production and waste areas of confined livestock and poultry facilities must be located:

(1)   at least two hundred feet from the center line of public paved roads;

(2)   at least one hundred feet from private potable wells;

(3)   at least two hundred feet from public potable wells;

(4)   at least one hundred feet from a watercourse of the State;

(5)   at least fifty feet from a ditch or swale that may cause a water quality or health problem;

(6)   at least one thousand feet from occupied or occupiable residences. As used in this item, 'residence' includes, but is not limited to, mobile homes, apartments, condominiums, nursing homes, camps, campgrounds, hotels, motels, or similar places people may live. However, the one thousand feet setback is waived with the consent of the owner of the residence;

(7)   when zoning restrictions apply, on property zoned for agricultural uses;

(8)   out of the one-hundred-year flood plain unless protected from flooding.

Section 47-20-20.   Waste disposal areas of confined livestock and poultry facilities must be located:

(1)   at least one hundred feet from a watercourse of the State;

(2)   at least one hundred feet from private potable wells;

(3)   at least two hundred feet from public potable wells;

(4)   at least two hundred feet from occupied or occupiable residences. As used in this item, 'residence' is defined as in Section 47-20-10. The two hundred feet setback is waived with the consent of the owner of the residence. However, the owner may not agree to less than one hundred feet;

(5)   at least fifty feet from a ditch or swale that may cause a water quality or health problem;

(6)   at least three hundred feet from a public place. As used in this item, 'public place' includes schools, churches, and daycare facilities.

(7)   when zoning restrictions apply, on property zoned for agricultural uses."

SECTION   ____.   Section 46-45-30 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:

"Section 46-45-30.   (A)   No established agricultural facility or any agricultural operation at an established agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation if the facility or operation has been in operation for one year or more. The provisions of this section do not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation.

(B)   No proposed agricultural facility or operation may be deemed to be a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation on property unzoned or zoned for agricultural uses."

SECTION   ____.   Section 46-45-60 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:

"Section 46-45-60.   An ordinance of a unit of local government that makes the operation of an agricultural facility or an agricultural operation at an agricultural facility a nuisance or providing for abatement as a nuisance in derogation of this chapter is null and void. If all applicable permit requirements established by state or federal law are met, including the guidelines in Chapter 20 of Title 47, for the operation of an agricultural facility in an area unzoned or zoned for agricultural uses, no permit required for establishing or operating the facility may be suspended, denied, or revoked by enforcement of a local ordinance. The provisions of this section do not apply whenever a nuisance results from the negligent, illegal, or improper operation of an agricultural facility. The provisions of this section do not apply whenever a nuisance results from an agricultural facility or agricultural operation at an agricultural facility located within the corporate limits of a city." /

Renumber sections to conform.

Amend totals and title to conform.

Senator LEATHERMAN explained the amendment.

Point of Order

Senator LEVENTIS raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator LEATHERMAN spoke on the Point of Order.

Senator LEVENTIS spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator LEATHERMAN continued explaining the amendment.

RECESS

At 7:05 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed five minutes, with Senator LEATHERMAN retaining the floor.

At 7:14 P.M., the Senate resumed.

Senator LEATHERMAN continued explaining the amendment.

Senator LEVENTIS argued contra to the adoption of the amendment.

Senator LEVENTIS moved that the Senate stand adjourned.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 26; Nays 12

AYES

Alexander                 Boan                      Cork
Courson                   Elliott                   Giese
Glover                    Gregory                   Hayes
Jackson                   Leventis                  Martin
Matthews                  Mescher                   Moore
Patterson                 Rankin                    Reese
Richter                   Russell                   Ryberg
Short                     Smith, G.                 Thomas
Waldrep                   Wilson                    

TOTAL--26

NAYS

Courtney                  Holland                   Land
Lander                    Leatherman                McConnell
McGill                    O'Dell                    Rose
Setzler                   Stilwell                  Washington

TOTAL--12

The Senate adjourned.

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Barnwell County Delegation, on motion of Senator Williams, the following appointment was confirmed in open session:

Initial Appointment, Barnwell County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Jimmy Wade Gantt, Jr., 116 Williston Road, Blackville, S.C. 29817 VICE William H. Bodiford

Having received a favorable report from the Sumter County Delegation, the following appointment was confirmed in open session:

Reappointment, Sumter County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Honorable Lee Anna Morse, Post Office Box 508, Pinewood, S.C. 29125

Having received a favorable report from the Marlboro County Delegation, the following appointments were confirmed in open session:

Reappointments, Marlboro County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable Ronald K. McDonald, 5646 Allen Ridge Road, Blenheim, S.C. 29516

Honorable Carroll M. Gray, Post Office Box 418, Bennettsville, S.C. 29512

ADJOURNMENT

At 7:40 P.M., on motion of Senator LEVENTIS, the Senate adjourned to meet tomorrow at 10:00 A.M.

* * *

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