South Carolina General Assembly
112th Session, 1997-1998
Journal of the House of Representatives

TUESDAY, JUNE 2, 1998

Tuesday, June 2, 1998
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 A.M.

Deliberations were opened with prayer by Rep. R. SMITH as follows:

We thank You, Lord, for this another day. This can be such a busy day. Help me to pause in the midst of today's busyness to give You thanks, ask for Your help, and praise Your Name. Let Your teaching motivate my life all the day long. Help me to be a reflector of Your will that others, because of me, may point others to Him Who is "the way, the truth and the life." Forgive me of any shortcomings, and inspire me to use Your Word as "a lamp unto my feet, and a light unto my path." (Psalm 119:105) Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. KIRSH moved that when the House adjourns, it adjourn in memory of Samuel I. Bailes of Clover, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 28, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 992:
S. 992 -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-1495 SO AS TO PROVIDE DEFINITIONS RELATED TO THE COLLECTION OF TOLLS, TO PROVIDE THAT CERTAIN PERSONS ARE LIABLE FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR PENALTIES FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR ENFORCEMENT, NOTIFICATION, AND ADJUDICATION PROCEDURES FOR TOLL VIOLATIONS, AND TO PROVIDE FOR ELECTRONIC COLLECTION OF TOLLS AND RESTRICTIONS ON THE USE OF PHOTOGRAPHS AND OTHER RECORDED IMAGES USED DURING TOLL COLLECTION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 28, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 340, S. 12 by a vote of 46 to 0.
(R340) S. 12 -- Senators McConnell, Rose, Ravenel, Passailaigue, Mescher, Washington and Ford: AN ACT TO CHANGE THE METHOD OF NOMINATION OF A CANDIDATE ELECTED TO THE GOVERNING BODY OF A PUBLIC SERVICE DISTRICT IN CHARLESTON COUNTY FROM A PETITION TO A STATEMENT OF CANDIDACY.
Very respectfully,
President

R. 340, S. 12--GOVERNOR'S VETO RECEIVED
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 27, 1998
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, S.C. 29202

Dear Mr. President and Members of the Senate:

I am hereby returning without my signature S. 12, R. 340, an Act:
TO CHANGE THE METHOD OF NOMINATION OF A CANDIDATE ELECTED TO THE GOVERNING BODY OF A PUBLIC SERVICE DISTRICT IN CHARLESTON COUNTY FROM A PETITION TO A STATEMENT OF CANDIDACY.

This veto is based upon my belief that S. 12, R. 340, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."

For the above reason, I am vetoing S. 12, R. 340 of 1998.

Sincerely,
David M. Beasley

The SPEAKER ordered the veto printed in the Journal.

REGULATION WITHDRAWN

The following was received.

Document No. 2249
Promulgated By Department of Revenue
Statutory Authority: 1976 Code Sections 12-4-320 and 61-4-60
When Beer Sold on Credit, Dishonored Checks, etc.
Received By Speaker January 14, 1998
Referred to House Committee on Judiciary
120 Day Review Period Expiration Date May 14, 1998
Senate Judiciary Committee requested withdrawal May 7, 1998
Withdrawn May 20, 1998

HOUSE RESOLUTION

The following was introduced:

H. 5209 -- Reps. Wilkins, Haskins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION COMMENDING AND THANKING THE HONORABLE DANNY M. BRUCE OF SPARTANBURG COUNTY FOR HIS SPLENDID SERVICE AS READING CLERK OF THIS BODY AND FOR HIS FRIENDSHIP, AND EXTENDING WARMEST WISHES TO HIM FOR SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT.

Whereas, the Honorable Danny Monroe Bruce of Spartanburg County was elected Reading Clerk of the House of Representatives on December 8, 1992, and was reelected to this office in 1994 and again in 1996; and

Whereas, Danny Bruce is a graduate of Chapman High School of Spartanburg County (1968), Spartanburg Junior College (1970), and Western Carolina University (1972), and he performed graduate work at the University of South Carolina in 1974; and

Whereas, he represented the citizens of Spartanburg County in the House of Representatives from 1975 to 1984 and again from 1989 to 1992; he was an outstanding public servant and carried out his lawmaking duties with great skill and dedication; and

Whereas, as Reading Clerk of this body, Danny Bruce has provided superb, skillful service to the members; he is devoted to his duties and has been a great and faithful friend to all who serve here and to all who work for the House; and

Whereas, although he is retiring as Reading Clerk in 1998, Danny will always be our good and true friend; he has our greatest respect, deepest admiration, and our everlasting affection; we trust we will see him many times in the future; and we wish for him success and happiness in all of his endeavors. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, commend and thank the Honorable Danny M. Bruce of Spartanburg County for his splendid service as Reading Clerk of this body and for his friendship, and further, we extend to him our warmest wishes for success and happiness following his retirement.

Be it further resolved that a copy of this resolution be presented to the Honorable Danny M. Bruce of Spartanburg County.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5210 -- Reps. Wilkins, Haskins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING THE HONORABLE VICTORIA T. MULLEN OF BEAUFORT COUNTY, OUR DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, FOR HER DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AS A LEGISLATOR AND FOR HER FRIENDSHIP.

Whereas, the Honorable Victoria T. Mullen was elected to the House of Representatives in 1996 to represent District Number 123, Beaufort County; and

Whereas, Representative Mullen has been absolutely dedicated in carrying out her legislative duties; she has aided her fellow members in the General Assembly by her knowledge and understanding of the many issues we have faced in the past two years; she has been an excellent representative for her constituents and has worked hard for the good of the State; and

Whereas, she is not seeking reelection to the House of Representatives in 1998; and

Whereas, we want her to know that we are grateful for her excellent public service, her assistance, and her wonderful friendship, and we wish her well in all of her future endeavors. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, commend and thank the Honorable Victoria T. Mullen of Beaufort County, our distinguished colleague, for her dedicated service to the State of South Carolina as a legislator and for her friendship.

Be it further resolved that a copy of this resolution be presented to Representative Mullen.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1272 -- Senators Saleeby and Land: A CONCURRENT RESOLUTION TO ESTABLISH A JOINT STUDY COMMITTEE TO STUDY THE TRANSFER OF JURISDICTION TO THE ADMINISTRATIVE LAW JUDGE DIVISION OF CLAIMS BROUGHT PURSUANT TO THE SOUTH CAROLINA TORT CLAIMS ACT.

The Concurrent Resolution was ordered referred to the Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 5211 -- Reps. Knotts, Wilkins, Harrison, D. Smith, Fleming, Altman, Baxley, Beck, Campsen, Clyburn, Cotty, Delleney, Easterday, Govan, Hawkins, Jennings, Klauber, Maddox, McCraw, McMaster, Scott, Simrill, Whatley, Whipper, Young, Allison, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Canty, Carnell, Cato, Cave, Chellis, Cobb-Hunter, Cooper, Dantzler, Davenport, Edge, Emory, Felder, Gamble, Gourdine, Hamilton, Harrell, A. Harris, Harvin, Haskins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Martin, Mason, McAbee, McGee, McKay, McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Wilder, Wilkes, Witherspoon, Woodrum, and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING THE HONORABLE JAMES L. MANN (BUBBA) CROMER, JR., OF RICHLAND COUNTY, OUR DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, FOR HIS EIGHT YEARS OF OUTSTANDING, DEDICATED SERVICE TO SOUTH CAROLINA AS A LAWMAKER.

Whereas, The Honorable James L. Mann (Bubba) Cromer, Jr., has for the past eight years represented House District Number 80 (Richland County) in the General Assembly with great distinction; and

Whereas, Bubba Cromer has exhibited strong devotion to his duties, leadership, and friendship to his fellow legislators; he has been in the forefront on numerous issues being debated by his colleagues, and his insight, wisdom, and legal knowledge have always been invaluable in helping to shape and define the issues; he has been an excellent representative for his constituents; and has always worked hard to do what is best for the State of South Carolina; and

Whereas, Bubba has chosen not to seek re-election to the House of Representatives in 1998; we are sorry to be losing him from the General Assembly, but we want Bubba to know that he will always have our respect, admiration, and friendship. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, commend and thank The Honorable James L. Mann (Bubba) Cromer, Jr., of Richland County, our distinguished colleague in the General Assembly, for his eight years of outstanding dedicated service to South Carolina as a lawmaker.

Be it further resolved that a copy of this resolution be presented to Representative Cromer.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 5212 -- Reps. Wilkins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young, and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE BRADLEY L. "BRAD" JORDAN OF ANDERSON COUNTY, OUR RESPECTED COLLEAGUE AND FRIEND, FOR HIS OUTSTANDING SERVICE TO THE PEOPLE OF SOUTH CAROLINA DURING THE 1997-1998 LEGISLATIVE SESSION AND EXTENDING BEST WISHES IN ALL HIS FUTURE ENDEAVORS.

Whereas, our esteemed colleague and friend, the Honorable Bradley L. "Brad" Jordan, served in the House of Representatives during the 1997-1998 Legislative Session representing District Number 6 in Anderson County; and

Whereas, Representative Jordan is the principal owner of Jordan and McCallum Insurance; and was born in Anderson, South Carolina, the son of Henry S. and Meta H. Jordan; and

Whereas, he is married to the former Deborah V. Williamson, and together they are the proud parents of two children; and

Whereas, Representative Jordan is a 1975 graduate of the University of South Carolina; and

Whereas, he is a trustee of the South Carolina Policy Council and a former Secretary/Treasurer of this organization; and

Whereas, Representative Jordan is a founding member of the Palmetto Family Council and former member of the Board of Trustees of WLFJ "HIS Radio"; and

Whereas, he is a faithful member of Cornerstone Assembly of God; and

Whereas, during his tenure in the House of Representatives, Representative Jordan distinguished himself as Third Vice Chairman of the Medical, Military, Public and Municipal Affairs Committee; and

Whereas, he is well respected in the General Assembly where he is known for his dedication, commitment, and loyalty; and

Whereas, Representative Jordan has served his district and the State with distinction and has had many leadership roles in the community where he is highly respected and admired. Now, therefore,

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

That the members of the General Assembly commend the Honorable Bradley L. "Brad" Jordan of Anderson County, our respected colleague and friend, for his legislative service to the people of South Carolina and extend best wishes in all his future endeavors on the occasion of his retirement from the House of Representatives.

Be it further resolved that a copy of this resolution be presented to the Honorable Bradley L. "Brad" Jordan.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 5213 -- Rep. Harrison: A CONCURRENT RESOLUTION TO CONGRATULATE THE TOWN THEATRE (THE COLUMBIA STAGE SOCIETY) OF COLUMBIA AS IT CELEBRATES ITS EIGHTIETH ANNIVERSARY WITH THE UPCOMING 1998-99 SEASON, AND TO RECOGNIZE IT AS A TREASURE TO ACTORS, ARTISTS, AND AUDIENCES ALIKE.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

S. 1053 -- Senators Wilson and Thomas: A BILL TO AMEND SECTION 20-7-8320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONAL RELEASE OF JUVENILES, SO AS TO INCREASE THE MAXIMUM AGE AT WHICH A CONDITIONAL RELEASE MAY EXPIRE FROM AGE NINETEEN TO TWENTY-ONE, AND TO PROVIDE THAT PROGRAMS A JUVENILE MAY PARTICIPATE IN AS A CONDITION OF RELEASE MUST BE PROGRAMS ESTABLISHED OR APPROVED BY THE DEPARTMENT OF JUVENILE JUSTICE OR WITH WHICH THE DEPARTMENT HAS A COOPERATIVE AGREEMENT.

Referred to Committee on Judiciary.

S. 1253 -- Senator Mescher: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE BOUNDARIES OF THE DEVON FOREST, STRATFORD, AND WESTVIEW-GOOSE CREEK NO. 3 PRECINCTS AND CHANGE THE MAP REFERENCE TO REFLECT THE CHANGES IN THE BOUNDARIES OF THESE PRECINCTS.

Referred to Berkeley Delegation.

S. 1257 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SUPERIOR SCHOLARS FOR TODAY AND TOMORROW (STAR) HIGH SCHOOL DIPLOMA/SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2227, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 1266 -- Senator Land: A BILL TO AMEND ACT 959 OF 1972 SO AS TO REVISE THE GOVERNANCE OF THE VOCATIONAL EDUCATIONAL SCHOOL FOR CLARENDON COUNTY.

Referred to Clarendon Delegation.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison                Altman                 Bailey
Barfield               Barrett                Battle
Bauer                  Beck                   Boan
Bowers                 Breeland               Brown, G.
Brown, H.              Brown, J.              Byrd
Campsen                Cato                   Chellis
Cobb-Hunter            Cooper                 Cromer
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Felder                 Gamble                 Gourdine
Govan                  Hamilton               Harris
Harrison               Haskins                Hawkins
Hines, J.              Hines, M.              Hinson
Inabinett              Jennings               Keegan
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Littlejohn
Lloyd                  Loftis                 Maddox
Martin                 Mason                  McGee
McKay                  McLeod                 McMahand
McMaster               Meacham                Miller
Moody-Lawrence         Neal                   Pinckney
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scott                  Sharpe                 Sheheen
Smith, J.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Townsend               Trotter                Vaughn
Webb                   Whatley                Wilder
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, June 2.

Harry R. Askins                   Ronald N. Fleming
Doug Smith                        Leon Howard
Mark S. Kelley                    Denny W. Neilson
J. Michael Baxley                 Timothy C. Wilkes
Wilbur L. Cave                    H.B. Limehouse III
Victoria T. Mullen                William Clyburn
E. DeWitt McCraw                  Kenneth Kennedy
Robert W. Harrell, Jr.            Fletcher Nathaniel Smith, Jr.
C. Alex Harvin III                Steve P. Lanford
Jennings G. McAbee                Bradley L. Jordan
David James Mack III              Jackson S. Whipper
Ralph W. Canty                    J. Gary Simrill
Lynn Seithel                      Daniel L. Tripp
Richard M. Quinn, Jr.             Bill Cotty
Robert E. Walker
Total Present--121

LEAVES OF ABSENCE

The SPEAKER granted Rep. PHILLIPS a leave of absence for the week due to illness.

The SPEAKER granted Rep. SEITHEL a temporary leave of absence.

DOCTOR OF THE DAY

Announcement was made that Dr. Bill Simpson of Charleston is the Doctor of the Day for the General Assembly.

SILENT PRAYER

The House stood in silent prayer in memory of former Rep. Eugene D. Foxworth, Jr.

SPECIAL PRESENTATION

Reps. CAVE and RHOAD presented to the House Jared Daniel Mobley for his years of serving as law clerk in Legislative Council and his many academic achievements.

S. 1190--DEBATE ADJOURNED

Rep. M. HINES moved to adjourn debate upon the following Bill until Monday, July 6, which was adopted.

S. 1190 -- Senator Leatherman: A BILL TO AMEND SECTION 7-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN FLORENCE COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED AND TO REPEAL SECTION 7-7-265, RELATING TO THE DESIGNATION OF VOTING PLACES IN FLORENCE COUNTY.

S. 1139--DEBATE ADJOURNED

Rep. KOON moved to adjourn debate upon the following Bill until Wednesday, June 3, which was adopted.

S. 1139 -- Senator Wilson: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE IRMO FIRE DISTRICT IN LEXINGTON COUNTY, SO AS TO CORRECT TECHNICAL ERRORS IN THE DESCRIPTION OF ITS BOUNDARIES, PROVIDE FOR THE ELECTION OF THE GOVERNING BOARD, AND AT THE TIME OF THE GENERAL ELECTION IN 1998, PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD, CHANGE THE POWERS OF THE BOARD, PROVIDE THAT THE PROPERTY OF ANY PERSON CONTIGUOUS TO THE DISTRICT MUST BE ADDED TO THE DISTRICT UPON RECEIPT AND ACCEPTANCE BY THE BOARD OF COMMISSIONERS OF A REQUEST FROM THE PROPERTY OWNER REQUESTING THE INCLUSION, AND AUTHORIZE THE DISTRICT TO ISSUE GENERAL OBLIGATION BONDS NOT EXCEEDING ONE MILLION DOLLARS.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 5203 -- Reps. Lloyd, Bailey and Inabinett: A BILL TO AMEND ACT 507 OF 1996, RELATING TO THE CREATION OF THE COLLETON COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION, SO AS TO PROVIDE THAT NO PAID EMPLOYEE OF THE COUNTY IS ELIGIBLE TO SERVE AS THE CHAIRMAN OF THE BOARD.

S. 982 -- Senator Giese: A BILL TO AMEND ARTICLE 5, CHAPTER 19, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF SECURED INTERESTS AND OTHER LIENS ON MOTOR VEHICLES, BY ADDING SECTION 56-19-720 SO AS TO PROVIDE THAT A TERMINAL RENTAL ADJUSTMENT CLAUSE IN A VEHICLE LEASE DOES NOT CREATE A SECURITY INTEREST OR A SALE.

Rep. LAW explained the Bill.

S. 1179 -- Senator Drummond: A BILL TO AMEND SECTION 34-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE COMMISSIONER OF BANKING TO EXAMINE CERTAIN INSTITUTIONS SO AS TO AUTHORIZE EXAMINATION OF THE CAROLINA CAPITAL INVESTMENT CORPORATION.

Rep. GAMBLE explained the Bill.

S. 331 -- Senator Holland: A BILL TO AMEND SECTION 17-15-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF RECOGNIZANCES, SO AS TO PROVIDE THAT A MAGISTRATE MAY CONFIRM JUDGMENTS OF RECOGNIZANCE FORFEITURE OF NOT MORE THAN THE MAXIMUM FINE ALLOWABLE UNDER HIS JURISDICTION IN ADDITION TO ASSESSMENTS.

Rep. YOUNG explained the Bill.

H. 4953--DEBATE ADJOURNED

Rep. KLAUBER moved to adjourn debate upon the following Joint Resolution until Wednesday, June 3, which was adopted.

H. 4953 -- Reps. H. Brown, Sheheen, Wilkins and Young-Brickell: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 1998-99 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.

RETURNED TO THE SENATE WITH AMENDMENT

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

S. 718 -- Senator O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-55 SO AS TO PROHIBIT PRACTICING PSYCHOLOGY WITHOUT A LICENSE; TO AMEND SECTION 40-55-50, RELATING TO ACTS CONSTITUTING PRACTICING AS A PSYCHOLOGIST SO AS TO FURTHER SPECIFY WHAT ACTS CONSTITUTE SUCH PRACTICE; TO AMEND SECTION 40-55-80, AS AMENDED, RELATING TO PSYCHOLOGY LICENSE AND APPLICATION REQUIREMENTS SO AS TO REMOVE THE PROVISIONS THAT A PERSON MAY HAVE A DOCTOR'S DEGREE IN AN ALLIED FIELD RATHER THAN IN PSYCHOLOGY AND THAT A LICENSE MAY BE AWARDED WITHOUT EXAMINATION; TO AMEND SECTION 40-55-90, RELATING TO EXEMPTIONS FROM PSYCHOLOGY LICENSURE SO AS TO FURTHER SPECIFY AND CLARIFY THESE EXEMPTIONS; AND TO AMEND SECTION 40-55-170, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF THE PSYCHOLOGY PRACTICE ACT SO AS TO CLARIFY THAT IT IS UNLAWFUL FOR A PERSON TO PRACTICE OR OFFER TO PRACTICE PSYCHOLOGY IN VIOLATION OF CHAPTER 55, TITLE 40, TO INCREASE PENALTIES, AND TO REQUIRE THE BOARD TO REFER POSSIBLE VIOLATIONS TO THE SOLICITOR.

S. 1195--DEBATE ADJOURNED

Rep. J. HINES moved to adjourn debate upon the following Bill until Monday, July 6, which was adopted.

S. 1195 -- Senator Leatherman: A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PEE DEE REGIONAL AIRPORT DISTRICT, SO AS TO CHANGE THE COMPOSITION OF THE GOVERNING BODY BY REMOVING DARLINGTON COUNTY FROM MEMBERSHIP ON THE GOVERNING BODY; REDUCE THE JURISDICTION OF THE DISTRICT BY REMOVING DARLINGTON COUNTY; LIMIT THE NUMBER OF TERMS A MEMBER MAY SERVE; AUTHORIZE THE GOVERNING BODIES OF THE COUNCILS COMPOSING THE AUTHORITY TO INCREASE THE AMOUNT OF COMPENSATION OF MEMBERS OF THE AUTHORITY; AUTHORIZE THE AUTHORITY TO LICENSE, LEASE, SUBLEASE, RENT, SELL, OR OTHERWISE PROVIDE FOR THE USE OF REAL PROPERTY IN ADDITION TO OTHER PROPERTY; DELETE THE POWER OF THE AUTHORITY TO DEVELOP AN INDUSTRIAL OR BUSINESS PARK; DELETE THE POWER TO DIRECT THE AUDITORS OF THE COUNTIES COMPOSING THE AUTHORITY TO LEVY A TAX ON THE PROPERTIES WITHIN THE DISTRICT; AUTHORIZE THE AUTHORITY TO DEVELOP LANDS LEASED BY, SUBLEASED BY, OWNED BY, OR UNDER THE JURISDICTION OF THE AUTHORITY; PROVIDE THAT ALL FINES AND FORFEITURES COLLECTED UNDER THIS ARTICLE MUST BE FORWARDED TO THE COUNTY WHERE THE FINAL DISPOSITION OF THE CASE IS MADE INSTEAD OF TO THE DISTRICT; DELETE PROVISIONS RELATING TO THE AUTHORITY DEPOSITING OR EXPENDING MONIES, ACCEPTING DONATIONS, ISSUING NEGOTIABLE INSTRUMENTS, AND THE AUTHORITY TO ISSUE BONDS; CHANGE THE USES OF REVENUES DERIVED BY THE AUTHORITY FROM THE OPERATION OF REVENUE PRODUCING FACILITIES; DELETE PROVISIONS WHICH PROHIBITED THE AUTHORITY FROM CONSTITUTING ALL OR PART OF THE LANDS OWNED BY, LEASED BY, SUBLEASED BY, OR UNDER THE JURISDICTION OF THE AUTHORITY AS AN INDUSTRIAL OR BUSINESS PARK UNDER THE PROVISIONS OF SECTION 13 OF ARTICLE VIII OF THE CONSTITUTION; DELETE THE PROVISION RELATING TO THE ESTABLISHMENT OF INDUSTRIAL OR BUSINESS PARK; AND TO PROVIDE THAT NOTHING IN THIS ARTICLE SHALL PROHIBIT ANNEXATION BY THE CITY OF FLORENCE OF THE PROPERTY OF THE DISTRICT.

S. 534--ORDERED TO THIRD READING

The following Bill was taken up.

S. 534 -- Senator Hayes: A BILL TO AMEND SECTION 41-13-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CHILD LABOR REGULATIONS SO AS TO PROVIDE AN OPTIONAL FINE FOR A FIRST OFFENSE, TO INCREASE THE FINES FOR A SUBSEQUENT OFFENSE, AND MAKE THE FINES OPTIONAL RATHER THAN MANDATORY AND TO PROVIDE CRITERIA UPON WHICH THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL DETERMINE THE AMOUNT OF THE FINE; AND TO REPEAL SECTION 41-13-40 RELATING TO LIABILITY OF EMPLOYERS OF MINORS TO PARENTS OR GUARDIANS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 2 (Doc Name P:\AMEND\KGH\15690AC.98), which was ruled out of order.

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

/ SECTION     ___.     The 1976 Code is amended by adding:

"Section 41-7-75.     (A)     The Director of the South Carolina Department of Labor, Licensing and Regulation or his designee shall ensure compliance with this chapter and shall cooperate with an employee in the investigation and enforcement of a meritorious claim against an employer. Hearings may be held to satisfy the director as to the justice of any claim.

(B)     The Director of the Department of Labor, Licensing and Regulation or his designee may enter a place of employment for the purpose of evaluating compliance with this chapter. Any effort of a person or entity to obstruct the director or his designee in the performance of duties under this chapter are a violation of this chapter and punishable accordingly.

(C)     If the director or his designee is denied admission to a place of employment, a warrant may be obtained pursuant to Section 41-15-260.

(D)     All expenses and costs incurred by the Department of Labor, Licensing and Regulation for implementation and enforcement of this chapter must be borne by the department."

SECTION     ___.     The 1976 Code is amended by adding:

"Section 41-7-100.     (A)     A person who violates the provisions of this chapter may be assessed by the Director of the Department of Labor, Licensing and Regulation a civil penalty of not more than one hundred dollars for each offense.

(B)     A person fined pursuant to subsection (A) must be given notice of the fine by certified mail and must be given an opportunity to appeal the decision in accordance with the Administrative Procedures Act.

(C)     The director shall promulgate regulations establishing procedures for administrative review of civil penalties assessed under this chapter.

(D)     The department shall submit a written report annually to the Senate and House Labor, Commerce and Industry Committees, concerning the civil penalties imposed pursuant to this section, including violations committed, persons fined, and amounts of the fines."

SECTION     ___.     Section 41-7-30 of the 1976 Code is amended to read:

"Section 41-7-30.     (A)     It shall be is unlawful for any an employer to require an employee, as a condition of employment, or of continuance of employment to:

(1)     To require any employee, as a condition of employment, or of continuance of employment, to be or become or remain a member or affiliate of any a labor organization or agency;

(2)     To require any employee, as a condition of employment, or of continuance of employment, to abstain or refrain from membership in any a labor organization; or

(3)     To require any employee, as a condition of employment, or of continuance of employment, to pay any fees, dues, assessments, or other charges or sums of money whatsoever to any a person or organization.

(B)     It is unlawful for a person or a labor organization to directly or indirectly participate in an agreement, arrangement, or practice that has the effect of requiring, as a condition of employment, that an employee be, become, or remain a member of a labor organization or pay to a labor organization any dues, fees, or any other charges; such an agreement is unenforceable.

(C)     It is unlawful for a person or a labor organization to induce, cause, or encourage an employer to violate a provision of this section."

SECTION     ___.     Section 41-7-40 of the 1976 Code is amended to read:

"Section 41-7-40.     Nothing in this chapter shall preclude any precludes an employer from deducting from the wages of the employees and paying over to any a labor organization, or its authorized representative, membership dues in a labor organization; provided, that however, the employer has must have received from each employee, on whose account such the deductions are made, a written assignment which shall not only may be irrevocable for a period of more than one year, or beyond until the termination date of any applicable collective agreement or assignment, whichever occurs sooner."

SECTION     ___.     Section 41-7-90 of the 1976 Code is amended to read:

"Section 41-7-90.     Any A person whose rights are adversely affected by any a contract, agreement, assemblage, or other act or thing done or threatened to be done and declared to be unlawful or prohibited by this chapter shall have has the right to apply to any a court having general equity jurisdiction for appropriate relief. The court, in any such proceeding, may grant and issue such restraining, and other, orders as may be appropriate, including an injunction restraining and enjoining the performance, continuance, maintenance, or commission of any such contract, agreement, assemblage, act or thing, and may determine and award, as justice may require, any actual damages, costs, and attorneys' fees which have been sustained or incurred by any a party to the action, and, in the discretion of the court or jury, punitive damages in addition to the actual damages. The provisions of this section are cumulative and are in addition to all other remedies now or hereafter provided by law."

SECTION     ___.     Section 39-8-30(B) of the 1976 Code, as last amended by Act 38 of 1997, is amended to read:

"(B)     Every employee who is informed of or should reasonably have known from the circumstances of the existence of any employer's trade secret has, during and subsequent to his employment, a duty to refrain from using or disclosing the trade secret without the employer's permission independently of and in addition to any written contract of employment, secrecy agreement, noncompete agreement, nondisclosure agreement, or other agreement between the employer and the employee."

SECTION     ___.     Section 39-8-40(B) of the 1976 Code, as added by Act 38 of 1997, is amended to read:

"(B)     Damages may include both the actual loss caused by misappropriation or and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret." /

Renumber sections to conform.

Amend totals and title to conform.

Rep. LAW explained the amendment.

POINT OF ORDER

Rep. SCOTT raised a Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.

Rep. CATO argued that the Amendment was germane to the Bill in that it dealt with labor practices in the State of South Carolina because it enabled the Department of Labor, Licensing and Regulation to enforce the right-to-work laws in the State.

Rep. COBB-HUNTER argued that the amendment was not germane to the Bill.

SPEAKER WILKINS stated that the Bill and the amendment dealt with labor practices but, the Bill dealt with the penalties for the violations of currently existing child labor laws in South Carolina and Amendment No. 2 dealt with the right-to-work laws of the State. He therefore sustained the Point of Order and ruled the amendment out of order.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15670AC.98), which was tabled.

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

/SECTION     ___.     The 1976 Code is amended by adding:

"Section 41-7-75.     (A)     The Director of the South Carolina Department of Labor, Licensing and Regulation or his designee shall ensure compliance with this chapter and shall cooperate with an employee in the investigation and enforcement of a meritorious claim against an employer. Hearings may be held to satisfy the director as to the justice of any claim.

(B)     The Director of the Department of Labor, Licensing and Regulation or his designee may enter a place of employment for the purpose of evaluating compliance with this chapter. Any effort of a person or entity to obstruct the director or his designee in the performance of duties under this chapter are a violation of this chapter and punishable accordingly.

(C)     If the director or his designee is denied admission to a place of employment, a warrant may be obtained pursuant to Section 41-15-260."

SECTION     ___.     The 1976 Code is amended by adding:

"Section 41-7-100.     (A)     A person who violates the provisions of this chapter may be assessed by the Director of the Department of Labor, Licensing and Regulation a civil penalty of not more than one hundred dollars for each offense.

(B)     The director shall promulgate regulations establishing procedures for administrative review of civil penalties assessed under this chapter."

SECTION     ___.     Section 41-7-30 of the 1976 Code is amended to read:

"Section 41-7-30.     (A)     It shall be is unlawful for any an employer to require an employee, as a condition of employment, or of continuance of employment to:

(1)     To require any employee, as a condition of employment, or of continuance of employment, to be or become or remain a member or affiliate of any a labor organization or agency;

(2)     To require any employee, as a condition of employment, or of continuance of employment, to abstain or refrain from membership in any a labor organization; or

(3)     To require any employee, as a condition of employment, or of continuance of employment, to pay any fees, dues, assessments, or other charges or sums of money whatsoever to any a person or organization.

(B)     It is unlawful for a person or a labor organization to directly or indirectly participate in an agreement, arrangement, or practice that has the effect of requiring, as a condition of employment, that an employee be, become, or remain a member of a labor organization or pay to a labor organization any dues, fees, or any other charges; such an agreement is unenforceable.

(C)     It is unlawful for a person or a labor organization to induce, cause, or encourage an employer to violate a provision of this section."

SECTION     ___.     Section 41-7-40 of the 1976 Code is amended to read:

"Section 41-7-40.     Nothing in this chapter shall preclude any precludes an employer from deducting from the wages of the employees and paying over to any a labor organization, or its authorized representative, membership dues in a labor organization; provided, that however, the employer has must have received from each employee, on whose account such the deductions are made, a written assignment which shall not only may be irrevocable for a period of more than one year, or beyond until the termination date of any applicable collective agreement or assignment, whichever occurs sooner."

SECTION     ___.     Section 41-7-90 of the 1976 Code is amended to read:

"Section 41-7-90.     (A)     A person who may be caused to be denied or denied employment or be deprived of continuation of employment through force, intimidation, obstruction, interference, or threat of these or in violation of this chapter is entitled to recover from the employer and from any other person, firm, corporation, or association by appropriate action in the courts of this State such damages as the person may have sustained by reason of the denial or deprivation of employment including, in the discretion of the court or jury, punitive damages in addition to the actual damages.

(B)     Any A person whose rights are adversely affected by any a contract, agreement, assemblage, or other act or thing done or threatened to be done and declared to be unlawful or prohibited by this chapter shall have has the right to apply to any a court having general equity jurisdiction for appropriate relief. The court, in any such proceeding, may grant and issue such restraining, and other, orders as may be appropriate, including an injunction restraining and enjoining the performance, continuance, maintenance, or commission of any such contract, agreement, assemblage, act or thing, and may determine and award, as justice may require, any actual damages, costs, and attorneys' fees which have been sustained or incurred by any a party to the action, and, in the discretion of the court or jury, punitive damages in addition to the actual damages. The provisions of this section are cumulative and are in addition to all other remedies now or hereafter provided by law."

SECTION     ___.     Section 39-8-30(B) of the 1976 Code, as last amended by Act 38 of 1997, is amended to read:

"(B)     Every employee who is informed of or should reasonably have known from the circumstances of the existence of any employer's trade secret has, during and subsequent to his employment, a duty to refrain from using or disclosing the trade secret without the employer's permission independently of and in addition to any written contract of employment, secrecy agreement, noncompete agreement, nondisclosure agreement, or other agreement between the employer and the employee."

SECTION     ___.     Section 39-8-40(B) of the 1976 Code, as added by Act 38 of 1997, is amended to read:

"(B)     Damages may include both the actual loss caused by misappropriation or and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. CATO moved to table the amendment, which was agreed to.

Rep. LAW explained the Bill.

The Bill was read the second time and ordered to third reading.

S. 1074--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill, which was adopted.

S. 1074 -- Senator Saleeby: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-735 SO AS TO REGULATE CERTAIN PRACTICES BETWEEN WINE MANUFACTURERS, WHOLESALERS, AND RETAILERS, AND TO PROVIDE FOR OTHER PRACTICES AND PROCEDURES APPLICABLE TO THE SALE OF WINE.

S. 847--OBJECTIONS AND REQUEST FOR DEBATE

The following Bill was taken up.

S. 847 -- Senators Passailaigue, Washington and Branton: A BILL TO AMEND SECTION 61-4-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL RETAIL BEER AND WINE PERMITS, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES; AND TO AMEND SECTION 61-6-2010 OF THE 1976 CODE, RELATING TO TEMPORARY PERMITS FOR SUNDAY LIQUOR SALES, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES.

Reps. WITHERSPOON, BARFIELD, EDGE, KEEGAN, CAMPSEN, LIMEHOUSE, KIRSH, KOON, ASKINS, SHEHEEN and MILLER objected to the Bill.

Rep. KNOTTS requested debate on the Bill.

S. 325--DEBATE ADJOURNED

Rep. KLAUBER moved to adjourn debate upon the following Bill until Wednesday, June 3, which was adopted.

S. 325 -- Senator Bryan: A BILL TO AMEND SECTION 22-5-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAILING A PERSON, SO AS TO PROVIDE WHEN A PERSON MUST BE ALLOWED A BOND HEARING AND MUST BE RELEASED AFTER OFFERING SUFFICIENT BOND; TO AMEND SECTION 38-53-50, AS AMENDED, RELATING TO A BAIL BONDSMAN SURRENDER OF A DEFENDANT, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH A BAIL BONDSMAN MAY OBTAIN A COMMITMENT ORDER; TO AMEND SECTION 38-53-70, RELATING TO REMISSION OF JUDGMENT, SO AS TO PROVIDE THAT A SURETY MAY OBTAIN A REFUND OF A PORTION OF THE AMOUNT ESTREATED IF A PRINCIPAL IS SURRENDERED WITHIN A CERTAIN PERIOD AFTER AN ESTREATMENT ORDER HAS BEEN ISSUED; TO AMEND SECTION 38-53-90, AS AMENDED, RELATING TO QUALIFICATIONS FOR LICENSING A BONDSMAN AND A RUNNER, SO AS TO REQUIRE BOTH TO POSSESS THE MINIMUM TRAINING THE STATE REQUIRES FOR A LAW ENFORCEMENT OFFICER; AND TO AMEND SECTION 38-53-170, AS AMENDED, RELATING TO ACTIVITIES A BAIL BONDSMAN OR A RUNNER MAY NOT ENGAGE IN, SO AS TO ALLOW A BAIL BONDSMAN OR A RUNNER TO ATTEND CERTAIN COURT SESSIONS.

S. 1166--ORDERED TO THIRD READING

The following Joint Resolution was taken up.

S. 1166 -- Senator Moore: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A LEGAL RESIDENT OF THE DISTRICT IN WHICH HE IS A CANDIDATE AT THE TIME HE FILES FOR THE OFFICE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION     1.     It is proposed that Section 7, Article III of the Constitution of this State be amended to read:

"Section 7.     No person is eligible for a seat in the Senate or House of Representatives who, at the time of his election, is not a duly qualified elector under this Constitution in the district in which he may be chosen. Senators must be at least twenty-five and Representatives at least twenty-one years of age. A candidate for the Senate or House of Representatives must be a legal resident of the district in which he is a candidate at the time he files for the office. No person who has been convicted of a felony under state or federal law or convicted of tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring or offering to procure votes by bribery, voting more than once at elections, impersonating a voter, or swearing falsely at elections/taking oath in another's name, or who has pled guilty or nolo contendere to these offenses, is eligible to serve as a member of the Senate or the House of Representatives. However, notwithstanding any other provision of this Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law or to a person who files for public office fifteen years or more after the completion date of service of the sentence, including probation and parole time, nor shall any person, serving in office prior to the ratification of this provision, be required to vacate the office to which he is elected."

SECTION 2.     The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Shall Section 7, Article III of the Constitution of this State, relating to the qualifications of Senators and members of the House of Representatives, be amended so as to provide that a candidate for the Senate or House of Representatives must be a legal resident of the district in which he is a candidate at the time he files for the office?

Yes     _
No     _

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Rep. SHEHEEN proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21603SD.98), which was ruled out of order.

Amend the joint resolution, as and if amended, by adding the following new SECTIONS appropriately numbered to read:

/SECTION     _____. It is proposed that Section 2, Article III of the Constitution of this State be amended to read:

"Section 2.     The Beginning in 2000, the House of Representatives shall be is composed of members chosen by ballot every second fourth year by citizens of this State, qualified as in this Constitution is provided."

SECTION     _____.     It is proposed that Section 8, Article III, of the Constitution of this State be amended to read:

"Section 8.     The first election for members of the House of Representatives under this Constitution shall must be held on Tuesday after the first Monday in November Eighteen Hundred and Ninety-six, and in every second fourth year thereafter, in such manner and at such places as the General Assembly may prescribe."

SECTION     _____.     The proposed amendments must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed on the ballot:

"Must Sections 2 and 8, Article III, of the Constitution of this State be amended so as to provide that a person elected to the House of Representatives, beginning in 2000, serves a four-year instead of a two-year term?

Yes _
No _

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /

Renumber sections to conform.

Amend totals and title to conform.

Rep. SHEHEEN explained the amendment.

POINT OF ORDER

Rep. HARRISON raised a Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.

SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 102; Nays 0

Those who voted in the affirmative are:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Bauer                  Baxley
Beck                   Boan                   Bowers
Breeland               Brown, G.              Brown, H.
Byrd                   Campsen                Cato
Cave                   Chellis                Cobb-Hunter
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Felder                 Fleming                Gamble
Gourdine               Govan                  Hamilton
Harris                 Harrison               Haskins
Hawkins                Hines, J.              Hines, M.
Hinson                 Howard                 Inabinett
Jennings               Keegan                 Kelley
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Maddox                 Martin                 Mason
McGee                  McKay                  McLeod
McMahand               McMaster               Meacham
Miller                 Moody-Lawrence         Neal
Neilson                Pinckney               Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scott
Sharpe                 Sheheen                Simrill
Smith, J.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Tripp                  Trotter                Vaughn
Webb                   Whatley                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--102

Those who voted in the negative are:

Total--0

So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.

S. 866--REQUESTS FOR DEBATE

The following Bill was taken up.

S. 866 -- Senators Holland, Reese, Wilson, Mescher, Hayes, McConnell, Leventis and Martin: A BILL TO AMEND SECTION 16-3-1075, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OF CARJACKING, SO AS TO INCREASE THE PENALTIES FOR THE OFFENSE; TO AMEND SECTION 16-1-60, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT CARJACKING IS A VIOLENT CRIME; TO AMEND SECTION 17-25-45, RELATING TO MOST SERIOUS OFFENSES, SO AS TO PROVIDE THAT CARJACKING IS A MOST SERIOUS OFFENSE.

Rep. JENNINGS explained the Bill.

Rep. SCOTT moved to adjourn debate upon the Bill.

Rep. SIMRILL moved to table the motion, which was agreed to.

Reps. SCOTT, COBB-HUNTER, MOODY-LAWRENCE, LLOYD, HARRISON, INABINETT, BREELAND, McMAHAND, JENNINGS, WOODRUM, YOUNG and GOURDINE requested debate on the Bill.

S. 1162--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1162 -- Senator Bryan: A BILL TO AMEND SECTION 20-7-6845 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONAL SERVICES FOR JUVENILES, SO AS TO REVISE THE STANDARDS APPLICABLE TO JUVENILE DETENTION FACILITIES.

Rep. MILLER proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15677CM.98), which was adopted.

Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:

/SECTION     ___.     Section 59-63-235 of the 1976 Code, as last amended by Act 39 of 1995, is further amended to read:

"Section 59-63-235.     The district board must expel for no less than one year a student who is determined to have brought a firearm to a school or any setting under the jurisdiction of a local board of trustees and report this incident to the appropriate law enforcement agency, which must arrest the student and prosecute him or her in the appropriate court. The expulsion must follow the procedures established pursuant to Section 59-63-240. The one-year expulsion is subject to modification by the district superintendent of education on a case-by-case basis. Students expelled pursuant to this section are not precluded from receiving educational services in an alternative setting. Each local board of trustees is to establish a policy which requires the student to be referred to the local county office of the Department of Juvenile Justice or its representative."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. MILLER explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 863--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 863 -- Senators Holland, Washington and Short: A BILL TO AMEND SECTION 16-25-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PAROLE FOR AN INMATE WHO PRESENTS CREDIBLE EVIDENCE OF CRIMINAL DOMESTIC VIOLENCE SUFFERED AT THE HANDS OF HIS SPOUSE, SO AS TO PROVIDE THAT THE INMATE MAY PRESENT THE EVIDENCE OF DOMESTIC VIOLENCE IN A POST-CONVICTION RELIEF HEARING.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GGS\22133CM.98), which was adopted.

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

/SECTION     1.     Section 16-25-90 of the 1976 Code is amended to read:

"Section 16-25-90.     Notwithstanding any provisions provision of Chapter Chapters 13 and 21 of Title 24, and notwithstanding any other provisions provision of law, an inmate who was convicted of, or pled guilty or nolo contendere to, an offense against a household member shall be eligible for parole after serving one-fourth of his or her prison term when the inmate at the time he or she pled guilty to, nolo contendere to, or was convicted of an offense against his spouse the household member, or in post-conviction proceedings pertaining to the plea or conviction, presented credible evidence of a history of criminal domestic violence, as provided in Section 16-25-20, suffered at the hands of the spouse household member. This section shall not affect the provisions of Section 17-27-45."

SECTION     2.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. JENNINGS explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 862--INTERRUPTED DEBATE

The following Bill was taken up.

S. 862 -- Senator Holland: A BILL TO AMEND SECTION 16-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIME CLASSIFICATION, SO AS TO PROVIDE THAT ALL OFFENSES CLASSIFIED AS EXEMPT WITH MAXIMUM PENALTIES OF IMPRISONMENT OF FIVE YEARS OR MORE ARE FELONIES; TO AMEND SECTION 16-3-26, RELATING TO THE DEATH PENALTY, SO AS TO REQUIRE NOTICE OF A SOLICITOR'S INTENTION TO SEEK THE DEATH PENALTY TO BE IN WRITING; TO AMEND SECTION 16-3-660, RELATING TO DEPOSITION TESTIMONY, SO AS TO ALLOW A JUDGE TO ORDER VIDEO DEPOSITION OF A RAPE VICTIM WHEN THE PERSON IS A WITNESS IN THE TRIAL; TO AMEND SECTION 16-3-1240, RELATING TO THE VICTIM'S COMPENSATION PROGRAM, SO AS TO AUTHORIZE THE DISCLOSURE OF INFORMATION REGARDING A PARTICULAR APPLICANT FOR VICTIM COMPENSATION BY COURT ORDER UPON A SHOWING OF GOOD CAUSE; TO AMEND SECTION 16-11-310, RELATING TO OFFENSES AGAINST PROPERTY, SO AS TO NARROW THE DEFINITION OF "BUILDING"; TO AMEND SECTION 16-11-617, RELATING TO THE OFFENSE OF ENTERING ANOTHER'S PROPERTY FOR THE PURPOSE OF CULTIVATING MARIJUANA, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED WILFULLY; TO AMEND SECTION 16-11-650, RELATING TO THE OFFENSE OF REMOVING A FENCE, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED INTENTIONALLY; TO AMEND SECTION 16-13-60, RELATING TO THE OFFENSE OF STEALING DOGS, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED WITH THE INTENT TO PERMANENTLY DEPRIVE THE OWNER THEREOF; TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO THE CRIME OF DOMESTIC VIOLENCE, SO AS TO DELETE THE TERM "FAMILY VIOLENCE"; TO AMEND SECTION 17-4-20, RELATING TO THE COMMISSION OF APPELLATE DEFENSE, SO AS TO REPLACE THE MEMBERSHIP SEAT ALLOCATED TO THE SOUTH CAROLINA TRIAL LAWYERS ASSOCIATION WITH ONE ALLOCATED TO THE SOUTH CAROLINA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS; TO AMEND SECTION 17-13-141, RELATING TO RECORDS KEPT BY JUDICIAL OFFICERS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE FORMS; TO AMEND SECTION 17-13-160, RELATING TO FORMS OF ARREST AND SEARCH WARRANTS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE FORMS; TO AMEND SECTION 17-15-40, RELATING TO BAIL AND RECOGNIZANCE FORMS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE THE FORMS; TO AMEND SECTION 17-19-80, RELATING TO INDICTMENTS, SO AS TO REQUIRE THAT A PERSON INDICTED OF A CAPITAL OFFENSE BE GIVEN A COPY OF THE INDICTMENT THIRTY DAYS BEFORE TRIAL; TO AMEND SECTION 17-21-80, RELATING TO CHANGE OF VENUE, SO AS TO AUTHORIZE A JUDGE TO CHANGE THE VENUE IN A CRIMINAL CASE TO ANOTHER COUNTY; TO AMEND SECTION 23-3-480, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE THAT A SEX OFFENDER MAY NOT BE PENALIZED FOR FAILING TO REGISTER IF HE WAS CONVICTED OF A SPECIFIC OFFENSE PRIOR TO JULY 1, 1994; TO AMEND SECTION 56-1-1380, RELATING TO A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT A RESIDENT OF THIS STATE WHO IS CONVICTED OF A TRAFFIC OFFENSE IN ANOTHER STATE MAY APPLY FOR A PROVISIONAL LICENSE IF HIS DRIVER'S LICENSE IS SUSPENDED AS A RESULT OF THE CONVICTION; AND TO REPEAL SECTIONS 16-3-410, 16-3-420, 16-3-430, 16-3-440, 16-3-450, 16-3-460, 16-3-720, 16-11-720, 17-13-70, 17-13-100, AND 17-13-110.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GGS\22139CM.98).

Amend the bill, as and if amended, by striking SECTION 21 in its entirety, as contained on Page 862-9 and inserting:

/ SECTION     21.     A.     Section 16-3-1510(1), (2), and (3) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"(1)     'Victim' means a person any individual who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a criminal offense, as defined in this section. 'Victim' also includes the person's any individual's spouse, parent, child, or the lawful representative of a victim who is:

(a)     deceased;

(b)     a minor;

(c)     incompetent; or

(d)     physically or psychologically incapacitated.

'Victim' does not include a spouse, parent, child, or lawful representative any individual who is the subject of an investigation for, who is charged with, or who has been convicted of or pled guilty or nolo contendere to the offense in question. 'Victim' also does not include any individual, including a spouse, parent, child, or lawful representative who is acting on behalf of the suspect, juvenile offender, or defendant, unless his actions are required by law. 'Victim' also does not include any individual who was imprisoned or engaged in an illegal act at the time of an offense.

(2)     'Person' means an individual 'Individual' means a human being.

(3)     'Criminal offense' means an offense against the person or an offense against the property of the person when the value of the property destroyed or the cost of the damage is in excess of one thousand dollars, including both common law and statutory offenses. 'Criminal offense' does not include the drawing or uttering of a fraudulent check an offense against the person of an individual when physical or psychological harm occurs, or the property of an individual when the value of the property stolen or destroyed, or the cost of the damage to the property, is in excess of one thousand dollars. This includes both common law and statutory offenses, the offenses contained in Sections 16-25-20, 16-25-30, 16-25-50, 56-5-1210, 56-5-2910, 56-5-2920, 56-5-2930, 56-5-2945, and the common law offense of attempt, punishable pursuant to Section 16-1-80. However, 'criminal offense' specifically excludes the drawing or uttering of a fraudulent check or an offense contained in Title 56 that does not involve personal injury or death.

For purposes of this article, a victim of a misdemeanor or felony under state law must be notified of or provided with the information required by this section. The terms 'crime', 'criminal conduct', 'charge' or any variation of these terms as used in this article means all misdemeanors and felonies under state law except the crimes the General Assembly specifically excludes from the notification provisions contained in this article."

B.     Section 16-3-1525 of the 1976 Code, as added by Act 141 of 1997, is amended to read:

"Section 16-3-1525.     (A)     A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must make a reasonable attempt to notify each victim of the arrest or detention and of the appropriate bond or other pretrial release hearing or procedure.

(B)     A law enforcement agency, before releasing to his parent or guardian a juvenile offender accused of committing an offense involving one or more victims, must make a reasonable effort to inform each victim of the release.

(C)     A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must provide to the jail, prison, or detention or holding facility having physical custody of the defendant, the name, mailing address, and telephone number of each victim. If the person is transferred to another facility, this information immediately must be transmitted to the receiving facility. The names, addresses, and telephone numbers of victims and witnesses contained in the files of a jail, prison, or detention or holding facility are confidential and must not be disclosed directly or indirectly, except as necessary to provide notifications.

(D)     A law enforcement agency, after detaining a juvenile accused of committing an offense involving one or more victims, must provide to the Department of Juvenile Justice the name, address, and telephone number of each victim. The law enforcement officer detaining the juvenile, regardless of where the juvenile is physically detained, retains the responsibility of notifying the victims of the pretrial, bond, and detention hearings, or pretrial releases that are not delegated pursuant to this article.

(E)     After effecting the arrest or Upon detention of a person, other than a juvenile, accused of committing an offense not under the jurisdiction of a summary court, and involving one or more victims, the arresting law enforcement agency the facility having custody must provide, in writing, to the prosecuting agency before a bond or release hearing before a circuit or family court judge the name, address, and telephone number of each victim.

(F)     After the arrest or Upon detention of a person, other than a juvenile, accused of committing an offense involving one or more victims and which is triable in summary court or an offense involving one or more victims for which a preliminary hearing may be held, the arresting law enforcement agency the facility having custody must provide, in writing, to the summary court the name, mailing address, and telephone number of each victim.

(G)     A law enforcement agency must provide any measures necessary to protect the victims and witnesses, including transportation to and from court and physical protection in the courthouse.

(H)     In cases in which a defendant has bond set by a summary court judge:

(1)     the facility having custody of the defendant reasonably must attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article;

(2)     the summary court judge, before proceeding with a bond hearing in a case involving a victim, must ask the representative of the facility having custody of the defendant to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend the proceeding. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and

(3)     the summary court judge must impose bond conditions which are sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on the defendant's behalf.

(I)     In cases in which a defendant has a bond proceeding before a circuit court judge:

(1)     the prosecuting agency reasonably must attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article;

(2)     the circuit court judge, before proceeding with a bond hearing in a case involving a victim, must ask the representative of the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and

(3)     the circuit court judge must impose bond conditions which are sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on the defendant's behalf.

(J)     In cases in which a juvenile has a detention hearing before a family court judge:

(1)     the prosecuting agency must reasonably must attempt to notify each victim of each case for which the juvenile is appearing before the court of his right to attend the detention hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights pertaining to the detention hearing;

(2)     the family court judge, before proceeding with a detention hearing in a case involving a victim, must ask the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and

(3)     the family court judge, if he does not rule that a juvenile must be detained, must impose conditions of release which are sufficient to protect a victim from harassment or intimidation by the juvenile or a person acting on the juvenile's behalf.

(K)     Upon scheduling a preliminary hearing in a case involving a victim, the summary court judge reasonably must attempt to notify each victim of each case for which the defendant has a hearing of his right to attend."

C.     Section 16-3-1530 of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"Section 16-3-1530.     (A)     A jail, prison, or detention or holding facility having custody of a person Notwithstanding any other provision of law, except the provisions contained in Section 16-3-1525(D) relating to juvenile detention:

(1)     a department or agency having custody or custodial supervision of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims reasonably must attempt to notify each victim, upon request, of the release of the person.;

(B)(2)     A a department or agency having custody or custodial supervision of a person accused of committing an offense involving one or more victims reasonably must attempt to notify each victim, upon request, of an escape by the person.;

(C)(3)     A a department or agency having custody of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims must inform each victim, upon request, of any transfer of the person to a less secure facility.;

(D)(4)     A a department or agency having custody or custodial supervision of a person convicted or adjudicated guilty of committing an offense involving one or more victims must reasonably attempt to notify each victim and prosecution witness, upon request, of an escape by the person."

D.     Section 16-3-1555(B) and (C) of the 1976 Code, as added by Act 141 of 1997, is amended to read:

"(B)     The prosecuting agency must forward, as appropriate and within a reasonable time, a copy of each victim's impact statement or the name, mailing address, and telephone number of each victim, or both, to the Department of Corrections, the Department of Probation, Parole, and Pardon Services, or the Board of Juvenile Parole, or and the Department of Juvenile Justice. The names, addresses, and telephone numbers of victims and prosecution witnesses contained in the records of the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, and the Department of Juvenile Justice are confidential and must not be disclosed directly or indirectly, except by order of a court of competent jurisdiction or as necessary to provide notifications, or services, or both, between these agencies, these agencies and the prosecuting agency, or these agencies and the Attorney General.

(C)     The prosecuting agency must file with an indictment a copy of a written victim victim's impact statement with the victim's personal information deleted. The victim's impact statement may be sealed by the appropriate authority until the defendant has been adjudicated, found guilty, or has pled guilty."

E.     Section 16-3-1560(A) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"(A)     The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, reasonably must attempt to notify each victim, who has indicated a desire to be notified, of post-conviction proceedings affecting the probation, parole, or release of the offender, and of the victim's right to attend and comment at these proceedings. This notification must be made sufficiently in advance to allow the victim to exercise his rights as they pertain to post-conviction proceedings."

F.     Revenues distributed on a monthly basis to fund existing State programs pursuant to Sections 14-1-206(c), 14-1-207(c), and 14-1-208(c) must equal the revenues received under these sections in fiscal year 1996-1997 before distributions can be made under Sections 14-1-206(B), 14-1-207(B), and 14-1-208(B) for the period of July 1, 1998, through April 30, 1999. The purpose of this provision is to reauthorize and adopt the provisions contained in Sections 4.B., 5.B., and 6.B. of Act 141 of 1997 for the period of July 1, 1998, through April 30, 1999.

Pursuant to Section 11-7-25, the State Auditor must examine the books, accounts, receipts, disbursements, vouchers, and records of the county treasurers, municipal treasurers, county clerks of court, magistrates, and municipal courts to report whether fines and assessments imposed pursuant to Sections 14-1-205, 14-1-206, 14-1-207, and 14-1-208 are properly collected and remitted to the State Treasurer. This audit must be completed and submitted to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the Ways and Means Committee no later than January 1, 1999.

G.     Section 14-1-211 of the 1976 Code, as added by Act 141 of 1997, is amended to read:

"Section 14-1-211.     (A)     In addition to all other assessments and surcharges, a one hundred dollar surcharge is imposed on all convictions obtained in general sessions court and a twenty-five dollar surcharge is imposed on all convictions obtained in magistrate's and municipal court in this State. The surcharge must not be imposed on convictions for misdemeanor traffic offenses. However, the surcharge applies to all violations of Section 56-5-2930, driving under the influence of liquor, drugs, or like substances. No portion of the surcharge may be waived, reduced, or suspended.

(B)     The revenue collected pursuant to subsection (A) must be retained by the jurisdiction which heard or processed the case and paid to the city or county treasurer, for the purpose of providing services for the victims of crime, including those required by law. Any funds retained by the county or city treasurer pursuant to this subsection (A) must be deposited into a separate account for the exclusive use for all activities related to the requirements contained in this provision. For the purpose of funds allocation and expenditure, these funds are a part of the general funds of the city or county. However, these funds first must be appropriated to the local agencies and offices providing victim services and not previously funded by the State. These funds must be used for, but are not limited to, salaries, equipment that includes computer equipment and internet access, or other expenditures necessary for providing services to crime victims. Any funds which are not used for the provision of victim services at the end of the fiscal year may be used for the capital and operating needs of the judicial system.

(C)     The surcharged revenue retained by the general sessions court, magistrates, or municipal courts in this State pursuant to subsection (B) must be reported by the city or county treasurer to the State Treasurer monthly. Any funds retained by the city or county treasurer pursuant to this subsection which are not used for the provision of victims' services at the end of the fiscal year may be used for the capital and operating needs of the judicial system."

H.     This section does not affect an action or proceeding commenced or a right accrued before the effective date of this act.

SECTION     22.     A.     Section 16-3-1510(1), (2), and (3) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"(1) 'Victim' means a person any individual who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a criminal offense, as defined in this section. 'Victim' also includes the person's any individual's spouse, parent, child, or the lawful representative of a victim who is:

(a)     deceased;

(b)     a minor;

(c)     incompetent; or

(d)     physically or psychologically incapacitated.

'Victim' does not include a spouse, parent, child, or lawful representative any individual who is the subject of an investigation for, who is charged with, or who has been convicted of or pled guilty or nolo contendere to the offense in question. 'Victim' also does not include any individual, including a spouse, parent, child, or lawful representative, who is acting on behalf of the suspect, juvenile offender, or defendant unless his actions are required by law. 'Victim' also does not include any individual who was imprisoned or engaged in an illegal act at the time of the offense.

(2)     "Person" means an individual 'Individual' means a human being.

(3)     'Criminal offense' means an offense against the person or an offense against the property of the person when the value of the property destroyed or the cost of the damage is in excess of one thousand dollars, including both common law and statutory offenses. "Criminal offense" does not include the drawing or uttering of a fraudulent check an offense against the person of an individual when physical or psychological harm occurs, or the property of an individual when the value of the property stolen or destroyed, or the cost of the damage to the property is in excess of one thousand dollars. This includes both common law and statutory offenses, the offenses contained in Sections 16-25-20, 16-25-30, 16-25-50, 56-5-1210, 56-5-2910, 56-5-2920, 56-5-2930, 56-5-2945, and the common law offense of attempt, punishable pursuant to Section 16-1-80. However, 'criminal offense' specifically excludes the drawing or uttering of a fraudulent check or an offense contained in Title 56 that does not involve personal injury or death.

For purposes of this article, a victim of any misdemeanor or felony under State law must be notified of or provided with the information required by this section. The terms 'crime', 'criminal conduct', 'charge', or any variation of these terms as used in this article mean all misdemeanors and felonies under State law except the crimes the General Assembly specifically excludes from the notification provisions contained in this article."

B.     This does not affect an action or proceeding commenced or a right accrued before the effective date of this act.

SECTION     23.     Section 16-13-10(b)(2) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

"(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the amount of the forgery is less than five thousand dollars. Notwithstanding the provisions contained in Section 23-3-540, 22-3-545, and 22-3-550, if the amount of the forgery is less than one thousand dollars, the offense must be tried exclusively in magistrate's court.

If the forgery does not involve a dollar amount, the person is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."

SECTION 24.     Section 56-5-2910 of the 1976 Code, as last amended by Act 509 of 1994, is further amended to read:

Section     56-5-2910.         (A) When the death of a person ensues within one year as a proximate result of injury received by the driving of a vehicle in reckless disregard of the safety of others, the person operating the vehicle is guilty of reckless homicide. A person who is convicted of, pleads guilty to, or pleads nolo contendere to reckless homicide is guilty of a felony and must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than ten years, or both. The department shall revoke for five years the driver's license of a person convicted of reckless homicide.

(B) After one year from the date of revocation, the person whose driver's license has been revoked for five years pursuant to Subsection (A) may petition the circuit court in the county of his residence for reinstatement of his driver's license. He shall serve a copy of the petition upon the solicitor of the county and shall notify the representative of the victim of the reckless homicide of his intent to seek reinstatement of his driver's license. The solicitor or his designee within thirty days may respond to the petition and demand a hearing on the merits of the petition. If the solicitor or his designee does not demand a hearing, the circuit court shall consider any affidavit submitted by the petitioner and the solicitor or his designee when determining whether the conditions required for driving privilege reinstatement have been met by the petitioner. The court may order the reinstatement of the person's driver's license upon the following conditions:

(1) intoxicating alcohol, beer, wine, drugs or narcotics were not involved in the vehicular accident which resulted in the reckless homicide conviction or plea;

(2) the petitioner has served his term of imprisonment or paid his fine, assessment and restitution in full, or both; and

(3) the person's overall driving record, attitude, habits, character, and driving ability would make it safe to reinstate the privilege of operating a motor vehicle.
The circuit court may order the reinstatement of the driver's license before the completion of the full five-year revocation period or the judge may order the granting of a provisional license for the remainder of the five-year period to allow the person to drive to and from employment or school or the judge may place other restrictions on the driver's license reinstatement. The order of the judge must be transmitted to the Department of Public Safety within ten days.

(C) If the person's privilege to operate a motor vehicle is reinstated pursuant to Subsection (B), a subsequent violation of the motor vehicle laws for any moving violation requires the automatic cancellation of the person's driver's license and imposition of the full period of revocation for the reckless homicide violation.

SECTION     25.     SECTION 22 of this Act takes effect upon ratification of the constitutional amendment contained in an Act of 1998 bearing Ratification Number 277. All other sections of this act take effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Rep. JENNINGS explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. JENNINGS having the floor.

RECURRENCE TO THE MORNING HOUR

Rep. YOUNG moved that the House recur to the morning hour, which was agreed to.

REPORT OF STANDING COMMITTEE

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 5171 -- Reps. Meacham, Allison, Bailey, Barfield, Battle, Beck, Breeland, J. Brown, Canty, Chellis, Clyburn, Cobb-Hunter, Dantzler, Davenport, Emory, Gamble, Gourdine, Hamilton, A. Harris, J. Hines, M. Hines, Hinson, Howard, Jennings, Jordan, Keegan, Kinon, Kirsh, Koon, Lanford, Lee, Littlejohn, Lloyd, Loftis, Mack, Martin, Mason, McCraw, McGee, McMahand, Miller, Moody-Lawrence, Mullen, Neilson, Rhoad, Riser, Rodgers, Sandifer, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stuart, Tripp, Vaughn, Walker, Webb, Wilder, Wilkes and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY THE EFFECT OF OBESITY IN BOTH ADULTS AND CHILDREN ON COSTLY HEALTH COMPLICATIONS SUCH AS DIABETES, HYPERTENSION, HEART DISEASE, AND STROKE, AND HEALTH COMPLICATIONS IN CHILDREN, TO MAKE RECOMMENDATIONS FOR IMPROVEMENT IN AWARENESS AND TREATMENT OF THE PROBLEMS OF OBESITY, AND TO REPORT THE FINDINGS OF THE STUDY AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY ON OR BEFORE JANUARY 1, 1999.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 5214 -- Rep. Koon: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE LEXINGTON HIGH SCHOOL CHORUS ON THE OCCASION OF THEIR BEING NAMED GRAND CHAMPION OF THE FIESTA-VAL INVITATIONAL MUSIC FESTIVAL HELD IN ATLANTA, GEORGIA ON THE 17TH AND 18TH OF APRIL, 1998.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 5215 -- Rep. Gamble: A CONCURRENT RESOLUTION THANKING CARL B. STOKES, DIRECTOR OF THE DIVISION OF LAW ENFORCEMENT AND SAFETY AT THE UNIVERSITY OF SOUTH CAROLINA, FOR HIS MORE THAN FORTY-THREE YEARS OF LAUDABLE LAW ENFORCEMENT SERVICE TO THE STATE OF SOUTH CAROLINA, AND EXTENDING BEST WISHES TO HIM AS HE ANTICIPATES HIS HARD-EARNED AND WELL-DESERVED RETIREMENT ON JUNE 30, 1998.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 5216 -- Rep. Sandifer: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SOUTH CAROLINA FUNERAL DIRECTORS ASSOCIATION ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

The following was introduced:

H. 5217 -- Reps. Riser, Koon, Stuart and Spearman: A HOUSE RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE LEXINGTON HIGH SCHOOL "LADY WILDCATS" SOFTBALL TEAM AND THEIR COACHES FOR AN EXCEPTIONAL SEASON AND ON CAPTURING THE 1997-98 CLASS AAAA STATE SOFTBALL CHAMPIONSHIP.

The Resolution was adopted.

HOUSE RESOLUTION

On motion of Rep. R. SMITH, with unanimous consent, the following was taken up for immediate consideration:

H. 5218 -- Reps. R. Smith and Beck: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE NORTH AUGUSTA SWARM BASKETBALL TEAM AND ITS COACHES, ON WEDNESDAY, JUNE 3, 1998, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE YOUTH BASKETBALL OF AMERICA SOUTH CAROLINA STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the North Augusta Swarm basketball team members and coaches on Wednesday, June 3, 1998, for the purpose of being recognized for winning the Youth Basketball of America South Carolina State Championship .

The Resolution was adopted.

S. 1074--AMENDED, REQUESTS FOR DEBATE,
AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1074 -- Senator Saleeby: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-735 SO AS TO REGULATE CERTAIN PRACTICES BETWEEN WINE MANUFACTURERS, WHOLESALERS, AND RETAILERS, AND TO PROVIDE FOR OTHER PRACTICES AND PROCEDURES APPLICABLE TO THE SALE OF WINE.

Rep. ALTMAN proposed the following Amendment No. 2 (Doc Name P:\AMEND\DKA\3030DW.98), which was adopted.

Amend the bill, as and if amended, page 2, by inserting before /providing/ on line 13 /stocking shelves,/.

Amend title to conform.

Rep. ALTMAN explained the amendment.

The amendment was then adopted.

Rep. SHARPE proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21593AC.98), which was adopted.

Amend the bill, as and if amended, in Section 61-4-735(A), as contained in SECTION 1, page 1, by striking line 27 and inserting:

/"Section 61-4-735.     (A)     Except as provided in Sections 61-4-720 and 61-4-730, a manufacturer of wine, vintner, or/

Amend further, in Section 61-4-735(D), as contained in SECTION 1, page 2, by striking line 28 and inserting:

/tier three business. Except as provided in Sections 61-4-720 and 61-4-730, a person or entity in the wine business on one/

Amend further, in Section 61-4-735, as contained in SECTION 1, page 3, by inserting immediately after line 13:

/(F)     Nothing in this section shall affect or prohibit the ownership or the operation of a licensed winery in this State that produces, provides taste samples, sells, delivers, or ships domestic wine as authorized and in accordance with the provisions of Sections 61-4-720 and 61-4-730."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. SHARPE explained the amendment.

POINT OF ORDER

Rep. SCOTT raised a Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill

Rep. SHARPE argued contra.

SPEAKER WILKINS overruled the Point of Order.

Rep. SHARPE continued speaking.

The amendment was then adopted.

Rep. HARRISON explained the Bill.

Reps. BECK, R. SMITH and HAWKINS requested debate on the Bill.

The Bill, as amended, was read the second time and ordered to third reading.

S. 862--REQUESTS FOR DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. JENNINGS having the floor.

S. 862 -- Senator Holland: A BILL TO AMEND SECTION 16-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIME CLASSIFICATION, SO AS TO PROVIDE THAT ALL OFFENSES CLASSIFIED AS EXEMPT WITH MAXIMUM PENALTIES OF IMPRISONMENT OF FIVE YEARS OR MORE ARE FELONIES; TO AMEND SECTION 16-3-26, RELATING TO THE DEATH PENALTY, SO AS TO REQUIRE NOTICE OF A SOLICITOR'S INTENTION TO SEEK THE DEATH PENALTY TO BE IN WRITING; TO AMEND SECTION 16-3-660, RELATING TO DEPOSITION TESTIMONY, SO AS TO ALLOW A JUDGE TO ORDER VIDEO DEPOSITION OF A RAPE VICTIM WHEN THE PERSON IS A WITNESS IN THE TRIAL; TO AMEND SECTION 16-3-1240, RELATING TO THE VICTIM'S COMPENSATION PROGRAM, SO AS TO AUTHORIZE THE DISCLOSURE OF INFORMATION REGARDING A PARTICULAR APPLICANT FOR VICTIM COMPENSATION BY COURT ORDER UPON A SHOWING OF GOOD CAUSE; TO AMEND SECTION 16-11-310, RELATING TO OFFENSES AGAINST PROPERTY, SO AS TO NARROW THE DEFINITION OF "BUILDING"; TO AMEND SECTION 16-11-617, RELATING TO THE OFFENSE OF ENTERING ANOTHER'S PROPERTY FOR THE PURPOSE OF CULTIVATING MARIJUANA, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED WILFULLY; TO AMEND SECTION 16-11-650, RELATING TO THE OFFENSE OF REMOVING A FENCE, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED INTENTIONALLY; TO AMEND SECTION 16-13-60, RELATING TO THE OFFENSE OF STEALING DOGS, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED WITH THE INTENT TO PERMANENTLY DEPRIVE THE OWNER THEREOF; TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO THE CRIME OF DOMESTIC VIOLENCE, SO AS TO DELETE THE TERM "FAMILY VIOLENCE"; TO AMEND SECTION 17-4-20, RELATING TO THE COMMISSION OF APPELLATE DEFENSE, SO AS TO REPLACE THE MEMBERSHIP SEAT ALLOCATED TO THE SOUTH CAROLINA TRIAL LAWYERS ASSOCIATION WITH ONE ALLOCATED TO THE SOUTH CAROLINA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS; TO AMEND SECTION 17-13-141, RELATING TO RECORDS KEPT BY JUDICIAL OFFICERS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE FORMS; TO AMEND SECTION 17-13-160, RELATING TO FORMS OF ARREST AND SEARCH WARRANTS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE FORMS; TO AMEND SECTION 17-15-40, RELATING TO BAIL AND RECOGNIZANCE FORMS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE THE FORMS; TO AMEND SECTION 17-19-80, RELATING TO INDICTMENTS, SO AS TO REQUIRE THAT A PERSON INDICTED OF A CAPITAL OFFENSE BE GIVEN A COPY OF THE INDICTMENT THIRTY DAYS BEFORE TRIAL; TO AMEND SECTION 17-21-80, RELATING TO CHANGE OF VENUE, SO AS TO AUTHORIZE A JUDGE TO CHANGE THE VENUE IN A CRIMINAL CASE TO ANOTHER COUNTY; TO AMEND SECTION 23-3-480, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE THAT A SEX OFFENDER MAY NOT BE PENALIZED FOR FAILING TO REGISTER IF HE WAS CONVICTED OF A SPECIFIC OFFENSE PRIOR TO JULY 1, 1994; TO AMEND SECTION 56-1-1380, RELATING TO A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT A RESIDENT OF THIS STATE WHO IS CONVICTED OF A TRAFFIC OFFENSE IN ANOTHER STATE MAY APPLY FOR A PROVISIONAL LICENSE IF HIS DRIVER'S LICENSE IS SUSPENDED AS A RESULT OF THE CONVICTION; AND TO REPEAL SECTIONS 16-3-410, 16-3-420, 16-3-430, 16-3-440, 16-3-450, 16-3-460, 16-3-720, 16-11-720, 17-13-70, 17-13-100, AND 17-13-110.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GGS\22139CM.98).

Amend the bill, as and if amended, by striking SECTION 21 in its entirety, as contained on Page 862-9 and inserting:

/SECTION     21.     A.     Section 16-3-1510(1), (2), and (3) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"(1)     'Victim' means a person any individual who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a criminal offense, as defined in this section. 'Victim' also includes the person's any individual's spouse, parent, child, or the lawful representative of a victim who is:

(a)     deceased;

(b)     a minor;

(c)     incompetent; or

(d)     physically or psychologically incapacitated.

'Victim' does not include a spouse, parent, child, or lawful representative any individual who is the subject of an investigation for, who is charged with, or who has been convicted of or pled guilty or nolo contendere to the offense in question. 'Victim' also does not include any individual, including a spouse, parent, child, or lawful representative who is acting on behalf of the suspect, juvenile offender, or defendant, unless his actions are required by law. 'Victim' also does not include any individual who was imprisoned or engaged in an illegal act at the time of an offense.

(2)     'Person' means an individual 'Individual' means a human being.

(3)     'Criminal offense' means an offense against the person or an offense against the property of the person when the value of the property destroyed or the cost of the damage is in excess of one thousand dollars, including both common law and statutory offenses. 'Criminal offense' does not include the drawing or uttering of a fraudulent check an offense against the person of an individual when physical or psychological harm occurs, or the property of an individual when the value of the property stolen or destroyed, or the cost of the damage to the property, is in excess of one thousand dollars. This includes both common law and statutory offenses, the offenses contained in Sections 16-25-20, 16-25-30, 16-25-50, 56-5-1210, 56-5-2910, 56-5-2920, 56-5-2930, 56-5-2945, and the common law offense of attempt, punishable pursuant to Section 16-1-80. However, 'criminal offense' specifically excludes the drawing or uttering of a fraudulent check or an offense contained in Title 56 that does not involve personal injury or death.

For purposes of this article, a victim of a misdemeanor or felony under state law must be notified of or provided with the information required by this section. The terms 'crime', 'criminal conduct', 'charge' or any variation of these terms as used in this article means all misdemeanors and felonies under state law except the crimes the General Assembly specifically excludes from the notification provisions contained in this article."

B.     Section 16-3-1525 of the 1976 Code, as added by Act 141 of 1997, is amended to read:

"Section 16-3-1525.     (A)     A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must make a reasonable attempt to notify each victim of the arrest or detention and of the appropriate bond or other pretrial release hearing or procedure.

(B)     A law enforcement agency, before releasing to his parent or guardian a juvenile offender accused of committing an offense involving one or more victims, must make a reasonable effort to inform each victim of the release.

(C)     A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must provide to the jail, prison, or detention or holding facility having physical custody of the defendant, the name, mailing address, and telephone number of each victim. If the person is transferred to another facility, this information immediately must be transmitted to the receiving facility. The names, addresses, and telephone numbers of victims and witnesses contained in the files of a jail, prison, or detention or holding facility are confidential and must not be disclosed directly or indirectly, except as necessary to provide notifications.

(D)     A law enforcement agency, after detaining a juvenile accused of committing an offense involving one or more victims, must provide to the Department of Juvenile Justice the name, address, and telephone number of each victim. The law enforcement officer detaining the juvenile, regardless of where the juvenile is physically detained, retains the responsibility of notifying the victims of the pretrial, bond, and detention hearings, or pretrial releases that are not delegated pursuant to this article.

(E)     After effecting the arrest or Upon detention of a person, other than a juvenile, accused of committing an offense not under the jurisdiction of a summary court, and involving one or more victims, the arresting law enforcement agency the facility having custody must provide, in writing, to the prosecuting agency before a bond or release hearing before a circuit or family court judge the name, address, and telephone number of each victim.

(F)     After the arrest or Upon detention of a person, other than a juvenile, accused of committing an offense involving one or more victims and which is triable in summary court or an offense involving one or more victims for which a preliminary hearing may be held, the arresting law enforcement agency the facility having custody must provide, in writing, to the summary court the name, mailing address, and telephone number of each victim.

(G)     A law enforcement agency must provide any measures necessary to protect the victims and witnesses, including transportation to and from court and physical protection in the courthouse.

(H)     In cases in which a defendant has bond set by a summary court judge:

(1)     the facility having custody of the defendant reasonably must attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article;

(2)     the summary court judge, before proceeding with a bond hearing in a case involving a victim, must ask the representative of the facility having custody of the defendant to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend the proceeding. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and

(3)     the summary court judge must impose bond conditions which are sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on the defendant's behalf.

(I)     In cases in which a defendant has a bond proceeding before a circuit court judge:

(1)     the prosecuting agency reasonably must attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article;

(2)     the circuit court judge, before proceeding with a bond hearing in a case involving a victim, must ask the representative of the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and

(3)     the circuit court judge must impose bond conditions which are sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on the defendant's behalf.

(J)     In cases in which a juvenile has a detention hearing before a family court judge:

(1)     the prosecuting agency must reasonably must attempt to notify each victim of each case for which the juvenile is appearing before the court of his right to attend the detention hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights pertaining to the detention hearing;

(2)     the family court judge, before proceeding with a detention hearing in a case involving a victim, must ask the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and

(3)     the family court judge, if he does not rule that a juvenile must be detained, must impose conditions of release which are sufficient to protect a victim from harassment or intimidation by the juvenile or a person acting on the juvenile's behalf.

(K)     Upon scheduling a preliminary hearing in a case involving a victim, the summary court judge reasonably must attempt to notify each victim of each case for which the defendant has a hearing of his right to attend."

C.     Section 16-3-1530 of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"Section 16-3-1530.     (A)     A jail, prison, or detention or holding facility having custody of a person Notwithstanding any other provision of law, except the provisions contained in Section 16-3-1525(D) relating to juvenile detention:

(1)     a department or agency having custody or custodial supervision of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims reasonably must attempt to notify each victim, upon request, of the release of the person.;

(B)(2)     A a department or agency having custody or custodial supervision of a person accused of committing an offense involving one or more victims reasonably must attempt to notify each victim, upon request, of an escape by the person.;

(C)(3)     A a department or agency having custody of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims must inform each victim, upon request, of any transfer of the person to a less secure facility.;

(D)(4)     A a department or agency having custody or custodial supervision of a person convicted or adjudicated guilty of committing an offense involving one or more victims must reasonably attempt to notify each victim and prosecution witness, upon request, of an escape by the person."

D.     Section 16-3-1555(B) and (C) of the 1976 Code, as added by Act 141 of 1997, is amended to read:

"(B)     The prosecuting agency must forward, as appropriate and within a reasonable time, a copy of each victim's impact statement or the name, mailing address, and telephone number of each victim, or both, to the Department of Corrections, the Department of Probation, Parole, and Pardon Services, or the Board of Juvenile Parole, or and the Department of Juvenile Justice. The names, addresses, and telephone numbers of victims and prosecution witnesses contained in the records of the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, and the Department of Juvenile Justice are confidential and must not be disclosed directly or indirectly, except by order of a court of competent jurisdiction or as necessary to provide notifications, or services, or both, between these agencies, these agencies and the prosecuting agency, or these agencies and the Attorney General.

(C)     The prosecuting agency must file with an indictment a copy of a written victim victim's impact statement with the victim's personal information deleted. The victim's impact statement may be sealed by the appropriate authority until the defendant has been adjudicated, found guilty, or has pled guilty."

E.     Section 16-3-1560(A) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"(A)     The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, reasonably must attempt to notify each victim, who has indicated a desire to be notified, of post-conviction proceedings affecting the probation, parole, or release of the offender, and of the victim's right to attend and comment at these proceedings. This notification must be made sufficiently in advance to allow the victim to exercise his rights as they pertain to post-conviction proceedings."

F.     Revenues distributed on a monthly basis to fund existing State programs pursuant to Sections 14-1-206(c), 14-1-207(c), and 14-1-208(c) must equal the revenues received under these sections in fiscal year 1996-1997 before distributions can be made under Sections 14-1-206(B), 14-1-207(B), and 14-1-208(B) for the period of July 1, 1998, through April 30, 1999. The purpose of this provision is to reauthorize and adopt the provisions contained in Sections 4.B., 5.B., and 6.B. of Act 141 of 1997 for the period of July 1, 1998, through April 30, 1999.

Pursuant to Section 11-7-25, the State Auditor must examine the books, accounts, receipts, disbursements, vouchers, and records of the county treasurers, municipal treasurers, county clerks of court, magistrates, and municipal courts to report whether fines and assessments imposed pursuant to Sections 14-1-205, 14-1-206, 14-1-207, and 14-1-208 are properly collected and remitted to the State Treasurer. This audit must be completed and submitted to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the Ways and Means Committee no later than January 1, 1999.

G.     Section 14-1-211 of the 1976 Code, as added by Act 141 of 1997, is amended to read:

"Section 14-1-211.     (A)     In addition to all other assessments and surcharges, a one hundred dollar surcharge is imposed on all convictions obtained in general sessions court and a twenty-five dollar surcharge is imposed on all convictions obtained in magistrate's and municipal court in this State. The surcharge must not be imposed on convictions for misdemeanor traffic offenses. However, the surcharge applies to all violations of Section 56-5-2930, driving under the influence of liquor, drugs, or like substances. No portion of the surcharge may be waived, reduced, or suspended.

(B)     The revenue collected pursuant to subsection (A) must be retained by the jurisdiction which heard or processed the case and paid to the city or county treasurer, for the purpose of providing services for the victims of crime, including those required by law. Any funds retained by the county or city treasurer pursuant to this subsection (A) must be deposited into a separate account for the exclusive use for all activities related to the requirements contained in this provision. For the purpose of funds allocation and expenditure, these funds are a part of the general funds of the city or county. However, these funds first must be appropriated to the local agencies and offices providing victim services and not previously funded by the State. These funds must be used for, but are not limited to, salaries, equipment that includes computer equipment and internet access, or other expenditures necessary for providing services to crime victims. Any funds which are not used for the provision of victim services at the end of the fiscal year may be used for the capital and operating needs of the judicial system.

(C)     The surcharged revenue retained by the general sessions court, magistrates, or municipal courts in this State pursuant to subsection (B) must be reported by the city or county treasurer to the State Treasurer monthly. Any funds retained by the city or county treasurer pursuant to this subsection which are not used for the provision of victims' services at the end of the fiscal year may be used for the capital and operating needs of the judicial system."

H.     This section does not affect an action or proceeding commenced or a right accrued before the effective date of this act.

SECTION     22.     A.     Section 16-3-1510(1), (2), and (3) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"(1) 'Victim' means a person any individual who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a criminal offense, as defined in this section. 'Victim' also includes the person's any individual's spouse, parent, child, or the lawful representative of a victim who is:

(a)     deceased;

(b)     a minor;

(c)     incompetent; or

(d)     physically or psychologically incapacitated.

'Victim' does not include a spouse, parent, child, or lawful representative any individual who is the subject of an investigation for, who is charged with, or who has been convicted of or pled guilty or nolo contendere to the offense in question. 'Victim' also does not include any individual, including a spouse, parent, child, or lawful representative, who is acting on behalf of the suspect, juvenile offender, or defendant unless his actions are required by law. 'Victim' also does not include any individual who was imprisoned or engaged in an illegal act at the time of the offense.

(2)     "Person" means an individual 'Individual' means a human being.

(3)     'Criminal offense' means an offense against the person or an offense against the property of the person when the value of the property destroyed or the cost of the damage is in excess of one thousand dollars, including both common law and statutory offenses. "Criminal offense" does not include the drawing or uttering of a fraudulent check an offense against the person of an individual when physical or psychological harm occurs, or the property of an individual when the value of the property stolen or destroyed, or the cost of the damage to the property is in excess of one thousand dollars. This includes both common law and statutory offenses, the offenses contained in Sections 16-25-20, 16-25-30, 16-25-50, 56-5-1210, 56-5-2910, 56-5-2920, 56-5-2930, 56-5-2945, and the common law offense of attempt, punishable pursuant to Section 16-1-80. However, 'criminal offense' specifically excludes the drawing or uttering of a fraudulent check or an offense contained in Title 56 that does not involve personal injury or death.

For purposes of this article, a victim of any misdemeanor or felony under State law must be notified of or provided with the information required by this section. The terms 'crime', 'criminal conduct', 'charge', or any variation of these terms as used in this article mean all misdemeanors and felonies under State law except the crimes the General Assembly specifically excludes from the notification provisions contained in this article."

B.     This does not affect an action or proceeding commenced or a right accrued before the effective date of this act.

SECTION     23.     Section 16-13-10(b)(2) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

"(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the amount of the forgery is less than five thousand dollars. Notwithstanding the provisions contained in Section 23-3-540, 22-3-545, and 22-3-550, if the amount of the forgery is less than one thousand dollars, the offense must be tried exclusively in magistrate's court.

If the forgery does not involve a dollar amount, the person is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."

SECTION 24.     Section 56-5-2910 of the 1976 Code, as last amended by Act 509 of 1994, is further amended to read:

Section     56-5-2910.     (A)     When the death of a person ensues within one year as a proximate result of injury received by the driving of a vehicle in reckless disregard of the safety of others, the person operating the vehicle is guilty of reckless homicide. A person who is convicted of, pleads guilty to, or pleads nolo contendere to reckless homicide is guilty of a felony and must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than ten years, or both. The department shall revoke for five years the driver's license of a person convicted of reckless homicide.

(B)     After one year from the date of revocation, the person whose driver's license has been revoked for five years pursuant to Subsection (A) may petition the circuit court in the county of his residence for reinstatement of his driver's license. He shall serve a copy of the petition upon the solicitor of the county and shall notify the representative of the victim of the reckless homicide of his intent to seek reinstatement of his driver's license. The solicitor or his designee within thirty days may respond to the petition and demand a hearing on the merits of the petition. If the solicitor or his designee does not demand a hearing, the circuit court shall consider any affidavit submitted by the petitioner and the solicitor or his designee when determining whether the conditions required for driving privilege reinstatement have been met by the petitioner. The court may order the reinstatement of the person's driver's license upon the following conditions:

(1)     intoxicating alcohol, beer, wine, drugs or narcotics were not involved in the vehicular accident which resulted in the reckless homicide conviction or plea;

(2)     the petitioner has served his term of imprisonment or paid his fine, assessment and restitution in full, or both; and

(3)     the person's overall driving record, attitude, habits, character, and driving ability would make it safe to reinstate the privilege of operating a motor vehicle.
The circuit court may order the reinstatement of the driver's license before the completion of the full five-year revocation period or the judge may order the granting of a provisional license for the remainder of the five-year period to allow the person to drive to and from employment or school or the judge may place other restrictions on the driver's license reinstatement. The order of the judge must be transmitted to the Department of Public Safety within ten days.

(C)     If the person's privilege to operate a motor vehicle is reinstated pursuant to Subsection (B), a subsequent violation of the motor vehicle laws for any moving violation requires the automatic cancellation of the person's driver's license and imposition of the full period of revocation for the reckless homicide violation.

SECTION     25.     SECTION 22 of this act takes effect upon ratification of the constitutional amendment contained in an Act of 1998 bearing Ratification Number 277. All other sections of this act take effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. JENNINGS continued speaking.

POINT OF ORDER

Rep. SCOTT raised a Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.

Rep. JENNINGS argued contra.

SPEAKER WILKINS stated that the initial Bill was broad and encompassed many areas related to criminal laws, crime classifications and certain criminal procedures. He stated further that the amendment, under the "substantial effect" requirement of Rule 9.3, was germane to the Bill and he therefore overruled the Point of Order.

Reps. SCOTT, MOODY-LAWRENCE, GOURDINE, LLOYD, COBB-HUNTER, HARRISON, JENNINGS, YOUNG, McGEE, ROBINSON, BARRETT, J. HINES and HAWKINS requested debate on the Bill.

S. 78--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 78 -- Senator Holland: A BILL TO AMEND SECTION 33-4-101, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE NAMES, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE DOMESTIC CORPORATION; TO AMEND SECTION 33-15-106, AS AMENDED, RELATING TO CORPORATE NAMES OF FOREIGN CORPORATIONS, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE FOREIGN CORPORATION; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-41-315, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE PARTNERSHIP; AND BY ADDING SECTION 39-5-37, SO AS TO DESIGNATE THE USE OF AN ASSUMED OR FICTITIOUS NAME TO INTENTIONALLY MISREPRESENT THE GEOGRAPHIC ORIGIN OR LOCATION OF ANY PERSON OR BUSINESS ENTITY AS AN UNLAWFUL TRADE PRACTICE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5705SD.98), which was adopted.

Amend the bill, as and if amended, by striking Section 39-5-37 of the 1976 Code, as contained in SECTION 4, and inserting:

/Section 39-5-37. It shall be an unlawful trade practice under Section 39-5-20 to use an assumed or fictitious name in the conduct of a business to intentionally misrepresent the geographic origin, ownership of manufacturing facilities, or location of such business./

Amend title to conform.

Rep. JENNINGS explained the amendment.

The amendment was then adopted.

Rep. JENNINGS explained the Bill.

The Bill, as amended, was read the second time and ordered to third reading.

S. 1128--RECOMMITTED

The following Bill was taken up.

S. 1128 -- Senators Holland, J. Verne Smith, McGill and Elliott: A BILL TO AMEND TITLE 40, CHAPTER 75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO FURTHER PROVIDE FOR THE LICENSING AND REGULATION OF PROFESSIONAL COUNSELORS AND MARRIAGE THERAPISTS AND INTERNS AND TO PROVIDE FOR THE LICENSURE AND REGULATION OF ALCOHOL AND DRUG ABUSE COUNSELORS.

Rep. CATO explained the Bill and moved to recommit the Bill, which was agreed to.

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

S. 1188 -- Senators Passailaigue and McConnell: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGHWAY BEAUTIFICATION AND SCENIC ROUTES, BY ADDING ARTICLE 6, SO AS TO DESIGNATE SOUTH CAROLINA HIGHWAY 61, FROM CHURCH CREEK BRIDGE AND TEN MILES NORTH, A SCENIC BYWAY AND TO MAKE THE DESIGNATED HIGHWAY SUBJECT TO THE OUTDOOR ADVERTISING ACT.

Rep. LITTLEJOHN explained the Bill.

S. 914--POINT OF ORDER

The following Bill was taken up.

S. 914 -- Senator Gregory: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA GARNISHMENT ACT OF 1998", WHICH PROVIDES PROCEDURES THAT GRANT TO PERSONS WHO HAVE RECOVERED CERTAIN JUDGMENTS AGAINST ANOTHER PERSON A RIGHT TO A WRIT OF GARNISHMENT, SUBJECTING TO GARNISHMENT UP TO SPECIFIED LIMITATIONS INCOME, WAGES, INTEREST, RENTS, DIVIDENDS, CAPITAL GAINS, BONUSES, AND COMMISSIONS OF THE DEBTOR; AND TO REPEAL SECTION 37-5-104 RELATING TO THE PROHIBITION AGAINST GARNISHMENT FOR DEBTS ARISING FROM A CONSUMER CREDIT SALE.

POINT OF ORDER

Rep. WHATLEY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

S. 1248--RECALLED FROM THE HORRY DELEGATION

On motion of Rep. EDGE, with unanimous consent, the following Bill was ordered recalled from the Horry Delegation.

S. 1248 -- Senator Elliott: A BILL TO AMEND ACT 742 OF 1946, AS LAST AMENDED BY ACT 177 OF 1997, SO AS TO REVISE THE REQUIRED TOWNSHIPS FROM WHICH MEMBERS OF THE LORIS COMMUNITY HOSPITAL COMMISSION MUST BE APPOINTED.

OBJECTION TO RECALL

Rep. COBB-HUNTER asked unanimous consent to recall S. 547 from the Committee on Ways and Means.

Rep. ALTMAN objected.

OBJECTION TO RECALL

Rep. HOWARD asked unanimous consent to recall S. 249 from the Committee on Judiciary.

Rep. HARRISON objected.

OBJECTION TO RECALL

Rep. GOVAN asked unanimous consent to recall H. 5195 from the Committee on Education and Public Works.

Rep. LITTLEJOHN objected.

OBJECTION TO RECALL

Rep. COBB-HUNTER asked unanimous consent to recall H. 4901 from the Committee on Labor, Commerce and Industry.

Rep. CATO objected.

R. 400; H. 5050--GOVERNOR'S VETO SUSTAINED

The veto on the following Act was taken up.

(R400) H. 5050 -- Rep. Rhoad: AN ACT TO AMEND ACT 1090 OF 1972, AS AMENDED, RELATING TO BAMBERG-EHRHARDT SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT TWO OF BAMBERG COUNTY, SO AS TO PROVIDE THAT MEMBERS OF BOARDS OF TRUSTEES OF THESE DISTRICTS MAY PARTICIPATE IN THE SCHOOL DISTRICTS' STAFF INSURANCE PROGRAM AND RECEIVE FRINGE BENEFITS OFFERED TO SCHOOL DISTRICT EMPLOYEES IN ADDITION TO RECEIVING THEIR ANNUAL SALARY.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 9; Nays 51

Those who voted in the affirmative are:

Bailey                 Bauer                  Bowers
Cave                   Clyburn                Emory
McMahand               Rhoad                  Stoddard

Total--9

Those who voted in the negative are:

Allison                Askins                 Barfield
Barrett                Beck                   Brown, H.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Edge
Fleming                Gamble                 Hamilton
Harrell                Harrison               Haskins
Hawkins                Hinson                 Keegan
Kelley                 Kinon                  Kirsh
Knotts                 Koon                   Lanford
Leach                  Loftis                 Martin
Mason                  McGee                  McMaster
Meacham                Moody-Lawrence         Rice
Riser                  Robinson               Rodgers
Sandifer               Simrill                Smith, R.
Vaughn                 Walker                 Webb
Whatley                Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--51

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

H. 3760--CONTINUED

The Senate amendments to the following Bill were taken up for consideration.

H. 3760 -- Reps. Moody-Lawrence, F. Smith, Mason, Cromer, Lee, J. Hines, Neilson, Littlejohn, Seithel, Maddox, J. Smith, Cave, Govan, Lloyd, Gourdine, Clyburn, Harvin, McMahand, Hinson, Kinon, Kennedy, M. Hines, McCraw, Parks, Howard, T. Brown, Stille, Allison, Limbaugh, Byrd, Hodges, Inabinett, Davenport, Kirsh, Neal, Bowers, Rodgers, Carnell, Riser, Baxley, Mack, Witherspoon, Canty, Phillips, Wilder, Breeland, Limehouse, Simrill, Jennings, Whipper and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-345, SO AS TO REQUIRE A FEMALE WHO IS PREGNANT, UNMARRIED, AND UNDER EIGHTEEN TO COMPLETE A PREGNANCY PREVENTION EDUCATION COURSE CONDUCTED BY COUNTY HEALTH DEPARTMENTS; TO PROVIDE FOR THE COURSE CONTENT; AND TO REQUIRE PROFESSIONALS PROVIDING HEALTH CARE TO REFER THESE WOMEN TO THE APPROPRIATE HEALTH DEPARTMENT AS A COMPONENT OF THEIR HEALTH CARE.

Rep. J. BROWN moved to continue the Bill, which was agreed to.

H. 3901--TABLED

The Senate amendments to the following Bill were taken up for consideration.

H. 3901 -- Reps. Sharpe and McLeod: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 SO AS TO ENACT THE SOUTHERN INTERSTATE DAIRY COMPACT ACT OF 1997, TO PROVIDE THAT THE GOVERNOR MAY EXECUTE AN INTERSTATE DAIRY COMPACT WITH THE DESIGNATED COMPACT STATES SO AS TO ADOPT THE SOUTHERN INTERSTATE DAIRY COMPACT, TO PROVIDE WHEN THE COMPACT BECOMES OPERATIVE AND EFFECTIVE, AND THAT WHEN THE COMPACT BECOMES EFFECTIVE, IT IS THE POLICY OF THIS STATE TO PERFORM AND CARRY OUT THE PROVISIONS OF THE COMPACT, TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE IS THE COMPACT ADMINISTRATOR FOR THIS STATE, TO PROVIDE FOR THE STATE'S DELEGATION TO THE SOUTHERN INTERSTATE DAIRY COMPACT COMMISSION, AND FOR MEMBERSHIP, APPOINTMENTS, TERMS, AND FILLING OF VACANCIES ON THE DELEGATION, TO PROVIDE FOR PER DIEM AND REIMBURSEMENT OF TRAVEL EXPENSES FOR MEMBERS OF THE DELEGATION, TO PROVIDE FOR FUNDING, FACILITIES, ASSISTANCE, AND ACCESS TO INFORMATION AND DATA FROM OTHER STATE OFFICERS, AGENCIES, AND EMPLOYEES, AND FROM PRIVATE PERSONS BY LAWFUL MEANS, TO ASSIST THE DELEGATION IN CARRYING OUT THE PURPOSES OF THE COMPACT, TO PROVIDE FOR THE ADOPTION OF RULES AND REGULATIONS AS NECESSARY TO CARRY OUT THE PURPOSES OF THE COMPACT AND THIS CHAPTER, INCLUDING PROVISIONS FOR THE REVOCATION OR FORFEITURE OF LICENSES, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE COMPACT, RELATED RULES AND REGULATIONS, OR THE PROVISIONS OF THIS CHAPTER.

Rep. SHARPE moved to table the Bill, which was agreed to.

H. 4886--SENATE AMENDMENTS AMENDED
AND RETURNED TO THE SENATE

The Senate amendments to the following Bill were taken up for consideration.

H. 4886 -- Reps. Sharpe and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-565 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH "ARCHERY EQUIPMENT", "BOW AND ARROWS", AND "CROSSBOWS" MAY BE USED IN THE HUNTING AND TAKING OF CERTAIN GAME.

Rep. SHARPE proposed the following Amendment No. 1A (Doc Name P:\AMEND\PSD\7468AC.98), which was adopted.

Amend the bill, as and if amended, Section 50-11-565, on page 4886-2, line 37, and page 4886-3, lines 3, 4, and 6, by deleting / permanent / .

Renumber sections to conform.

Amend totals and title to conform.

Rep. SHARPE explained the amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

H. 4757--DEBATE ADJOURNED

The Senate amendments to the following Bill were taken up for consideration.

H. 4757 -- Reps. Barfield, Battle, T. Brown, Davenport, Edge, Miller, Sharpe, Witherspoon, Mullen, Rhoad, Hamilton and J. Smith: A BILL TO AMEND SECTION 50-21-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWS OR ORDINANCES GOVERNING THE OPERATION AND EQUIPPING OF VESSELS OPERATED ON THE WATERS OF THIS STATE, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ESTABLISH TEMPORARY OR PERMANENT SLOW SPEED ZONES BY DESIGNATING THE AREAS WITH REGULATORY MARKERS, AND TO PROVIDE THAT WHENEVER FLOOD CONDITIONS MAKE OPERATION OF WATERCRAFT HAZARDOUS OR DANGEROUS TO PERSONS OR PROPERTY, THE DEPARTMENT HAS THE AUTHORITY TO TEMPORARILY CLOSE AREAS OF THE WATERS OF THIS STATE TO ALL RECREATIONAL VESSELS AND COMMERCIAL FISHING VESSELS FOR A PERIOD NOT TO EXCEED TEN DAYS, AND TO PROVIDE FOR CERTAIN EXTENSIONS OF AND EXCEPTIONS TO THIS CLOSURE.

Rep. DAVENPORT moved to adjourn debate upon the Senate amendments until Friday, June 5, which was adopted.

H. 5056--CONTINUED

The Senate amendments to the following Bill were taken up for consideration.

H. 5056 -- Labor, Commerce and Industry Committee: A BILL TO AMEND CHAPTER 19, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC MUTUAL INSURERS, BY ADDING ARTICLE 13 SO AS TO PROVIDE FOR THE REORGANIZATION OF A DOMESTIC OR FOREIGN MUTUAL INSURER AS A DOMESTIC MUTUAL INSURANCE HOLDING COMPANY SYSTEM.

Rep. CATO explained the Senate amendment.

Rep. CATO moved to continue the Bill, which was agreed to.

S. 1110--SENATE AMENDMENTS
CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

S. 1110 -- Senators McConnell and Saleeby: A BILL TO AMEND SECTION 38-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF INSURANCE AND THE CONVERSION OF CERTAIN LICENSES TO A BIENNIAL FEE-COLLECTION PERIOD, SO AS TO PROVIDE THAT AN AGENT TRANSACTING THE BUSINESS OF INSURANCE SHALL PAY A LICENSE FEE FOR TWO YEARS TO THE DEPARTMENT WITHIN THIRTY DAYS AFTER SEPTEMBER 1, 1992, AND EVERY TWO YEARS AFTER THAT TIME WITHIN THIRTY DAYS AFTER SEPTEMBER FIRST, RATHER THAN JULY FIRST, EVERY EVEN-NUMBERED YEAR; TO AMEND SECTION 38-9-40, AS AMENDED, RELATING TO THE INSURANCE LAW, CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS, AND THE DUTY OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO NOTIFY INSURERS OF CERTAIN REQUIRED AMOUNTS, SO AS TO REQUIRE THAT A SCHEDULE OF THE REQUIRED AMOUNTS MUST BE MAINTAINED BY EACH INSURER, AND TO DELETE THE REQUIREMENT THAT THE SCHEDULE BE PUBLISHED IN ALL SUCCEEDING ANNUAL REPORTS OF THE DEPARTMENT THAT ARE SUBMITTED TO THE GENERAL ASSEMBLY THROUGH THE GOVERNOR; TO AMEND SECTION 38-45-90, AS AMENDED, RELATING TO INSURANCE BROKERS AND SURPLUS LINES INSURANCE, THE DUTIES OF BROKERS WHEN PLACING BUSINESS WITH NONADMITTED INSURERS, AND CERTAIN STATEMENTS AND REPORTS, SO AS TO, AMONG OTHER THINGS, DELETE THE REQUIREMENT THAT THE DEPARTMENT OF INSURANCE LIST ALL ELIGIBLE SURPLUS LINES INSURERS IN ITS ANNUAL REPORT TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WHO SHALL SUBMIT THIS REPORT TO THE GENERAL ASSEMBLY; AND TO REPEAL SECTIONS 38-3-70, RELATING TO CERTAIN ANNUAL REPORTS AND RECOMMENDATIONS OF THE DEPARTMENT OF INSURANCE TO THE GENERAL ASSEMBLY, AND 38-79-10, RELATING TO THE REQUIREMENT THAT MEDICAL MALPRACTICE INSURANCE CLAIMS BE FILED BY INSURERS WITH THE DEPARTMENT OF INSURANCE.

Rep. CATO explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4949--SENATE AMENDMENTS
CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 4949 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-67-270 SO AS TO PROVIDE FOR A COURT-ORDERED LICENSE UNDER CERTAIN CONDITIONS TO ENTER ADJOINING REAL PROPERTY TO EFFECT REPAIRS, MAINTENANCE, OR IMPROVEMENTS ON OTHER PROPERTY UPON A SHOWING OF REASONABLENESS, TO REQUIRE A GOOD FAITH EFFORT TO OBTAIN THE LANDOWNER'S CONSENT BEFORE PETITIONING THE COURT FOR LICENSE TO ENTER, TO DEFINE "GOOD FAITH EFFORT", AND TO SPECIFY LIMITATIONS ON THE SCOPE AND DURATION OF A COURT-ORDERED LICENSE.

Rep. LITTLEJOHN proposed the following Amendment No. 1A, which was ruled out of order.

Amend the bill, as and if amended, by adding the following:

TO AMEND SECTION 56-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM THE REQUIREMENT TO OBTAIN A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A CITIZEN OF GERMANY WHO IS AT LEAST EIGHTEEN YEARS OF AGE, WHO IS EMPLOYED IN THIS STATE, AND WHO HAS A VALID DRIVER'S LICENSE ISSUED BY THAT NATION MAY DRIVE A MOTOR VEHICLE FOR FOUR YEARS.

Rep. LITTLEJOHN explained the amendment.

POINT OF ORDER

Rep. SCOTT raised a Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.

SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. HARRISON explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 310--POINT OF ORDER

The Senate amendments to the following Bill were taken up for consideration.

S. 310 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSURED OR MEMBER IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY ELIGIBLE EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.

POINT OF ORDER

Rep. CATO made the Point of Order that the Senate amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 4975--POINT OF ORDER

The Senate amendments to the following Bill were taken up for consideration.

H. 4975 -- Reps. Young and Askins: A BILL TO AMEND SECTION 4-23-880, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKING WITHIN FIVE HUNDRED FEET OF A PLACE WHERE FIRE APPARATUS IS STOPPED AND SECTION 56-5-1960 RELATING TO FOLLOWING A FIRE APPARATUS CLOSER THAN FIVE HUNDRED FEET, SO AS TO PROVIDE THAT THE FIRE APPARATUS MAY BE RESPONDING TO AN EMERGENCY RATHER THAN ONLY TO A FIRE ALARM.

Rep. CATO explained the Senate amendment.

POINT OF ORDER

Rep. KIRSH made the Point of Order that the Senate amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 4672--POINT OF ORDER

The Senate amendments to the following Bill were taken up for consideration.

H. 4672 -- Reps. Edge, Kelley, Keegan, Mullen and Barfield: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SECTION 27-32-170, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION TIME SHARING PLAN, AND SECTION 27-32-250, AS AMENDED, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION MULTIPLE OWNERSHIP INTEREST, ALL SO AS TO EXEMPT FROM SALES TAX THE SALE OR RESALE OR THE EXCHANGE OF AN INTEREST IN A VACATION TIME SHARING PLAN AND A VACATION MULTIPLE OWNERSHIP INTEREST.

Rep. EDGE explained the Senate amendment.

POINT OF ORDER

Rep. KIRSH made the Point of Order that the Senate amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3603--DEBATE ADJOURNED

The Senate amendments to the following Bill were taken up for consideration.

H. 3603 -- Reps. Allison, Rice, Barrett, Seithel, Leach, Chellis, Simrill, Hinson, Spearman, Phillips, Bailey, Cato, McCraw, Sandifer, Walker, Limbaugh, Riser, Kinon, Young, R. Smith, Easterday, Rhoad, Mason, Gamble, Harvin, Bauer, Moody-Lawrence, Miller, Stuart, Limehouse, McMaster and Battle: A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CONDUCT TOWARD A CHILD BY PERSONS HAVING CHARGE OR CUSTODY OF THE CHILD, SO AS TO SUBSTITUTE A PERSON RESIDING IN THE HOUSE OF A CHILD, OR HAVING RECURRING ACCESS TO A CHILD, OR WHO HAS BEEN GIVEN RESPONSIBILITY TO CARE FOR A CHILD IN PLACE OF A PERSON WHO IS RESPONSIBLE FOR THE CARE AND SUPPORT OF A CHILD, AND TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS CHARGE OR CUSTODY OF A CHILD TO PLACE THE CHILD IN A SITUATION THAT WOULD LIKELY LEAD TO ABANDONMENT.

Rep. COTTY explained the Senate amendment and moved to adjourn debate upon the Senate amendments, which was adopted.

H. 4837--SENATE AMENDMENTS
CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 4837 -- Reps. Cave and Rhoad: A BILL TO AMEND SECTION 7-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BARNWELL COUNTY, SO AS TO PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE DETERMINED BY THE BARNWELL COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE BARNWELL COUNTY LEGISLATIVE DELEGATION.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4755--POINT OF ORDER

The Senate amendments to the following Bill were taken up for consideration.

H. 4755 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 27-40-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIST OF ARRANGEMENTS NOT GOVERNED BY THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO INCLUDE IN THAT LIST RESIDENCE AT A CHARITABLE OR EMERGENCY PROTECTIVE SHELTER.

Rep. BAILEY explained the Senate amendment.

POINT OF ORDER

Rep. SIMRILL made the Point of Order that the Senate amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 4535--POINT OF ORDER

The Senate amendments to the following Bill were taken up for consideration.

H. 4535 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3385 SO AS TO ALLOW A REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDIT FOR A PORTION OF TUITION PAID AT A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THIS STATE AND TO DEFINE SUCH INSTITUTIONS, TO PROVIDE THE PERCENTAGE AMOUNT OF THE CREDIT AND ITS DURATION, TO PROVIDE THE CRITERIA STUDENTS ELIGIBLE FOR THE CREDIT MUST MEET, TO DEFINE TUITION FOR PURPOSES OF THE CREDIT, AND TO PROVIDE THAT THE CREDIT APPLIES ONLY FOR STUDENTS GRADUATING FROM HIGH SCHOOL DURING OR AFTER MAY, 1995.

Reps. BOAN and WILKINS proposed the following Amendment No. 1A (Doc Name P:\AMEND\GJK\21605SD.98).

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

/SECTION     1.     Title 59 of the 1976 Code is amended by adding:

"CHAPTER 149
Legislative Incentives for Future Excellence
(LIFE) Scholarships

Section 59-149-10.     Legislative Incentives for Future Excellence (LIFE) Scholarships are established which must be offered by the State. These scholarships cover the cost of attendance as defined by the Commission on Higher Education by regulation up to a maximum of two thousand dollars a year to eligible resident students attending Southern Association of Colleges and Schools (SACS) accredited public or independent four-year colleges and universities in this State and four-year colleges and universities chartered before 1962 whose main campus is located in this State, and to cover the cost of attendance up to a maximum of one thousand dollars a year to eligible resident students attending SACS accredited public or independent two-year colleges or universities in this State and technical colleges. Notwithstanding the above provisions of this section specifically excluded from those institutions eligible to receive LIFE scholarship funds under the provisions of this chapter are colleges and universities whose primary purpose is religious or theological training and the granting of professional degrees, for-profit institutions chartered after 1961, and institutions whose main campus is located out of this State. These LIFE scholarships must be granted and awarded as provided in this chapter.

Section 59-149-20.     (A)     To be eligible for a LIFE scholarship, a student must be considered a resident of this State as provided in this chapter.

(B)     A student attending such a public or independent institution of this State and who is seeking a LIFE scholarship as a freshman meets the residency requirements of this chapter if he meets the requirements of Section 59-149-50(A) in regard to high school or home school graduation requirements and is classified as a resident of South Carolina for in-state tuition purposes under Chapter 112 of this title at the time of enrollment at the institution.

(C)     Students receiving a Palmetto Fellows Scholarship are not eligible for a LIFE Scholarship under this chapter.

Section 59-149-30.     Full-time enrollment as defined in Title IV of the Federal Higher Education Act is a requirement for eligibility. The student must be admitted, enrolled, and classified as a degree-seeking undergraduate student.

Section 59-149-40.     These LIFE scholarships in combination with all other grants and scholarships shall not exceed the cost of attendance at the particular institutions referenced in Section 59-149-10.

Section 59-149-50.     (A)     To be eligible for a LIFE scholarship, a student must be either a member of a class graduating from a high school located in this State on or after May, 1995, a home school student who has successfully completed a high school home school program in this State in the manner required by law on or after May, 1995, or a student graduating from a preparatory high school outside this State on or after May, 1995, while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent, and must also meet the requirements of subsection (B). In addition, beginning with the 1998-99 school year, the student must have graduated from high school with a minimum of a 3.0 cumulative grade average on a 4.0 scale, and have scored 1000 or better on the Scholastic Aptitude Test (SAT) or have the equivalent ACT score, 1050 or better beginning with school year 2000-2001, and 1100 or better beginning with school year 2002-2003; provided that if the student is to attend such a public or independent two-year college or university in this State, including a technical college, the SAT requirement does not apply. If a student chooses to attend such a four-year public or independent institution of this State and does not make the required SAT score or the required high school grade point average, the student may earn a LIFE scholarship after his freshman year if he meets the grade point average and semester credit hour requirements of subsection (B).

(B)     Students receiving a LIFE Scholarship to retain it and students currently enrolled in an eligible institution to receive a scholarship must earn a 3.0 cumulative grade point average on a 4.0 scale each year and earn at least thirty credit hours each year for the maximum of semesters permitted at that institution by Section 59-149-60.

(C)     Students who were LIFE scholarship recipients seeking a degree at such a public or independent institution of this State during their freshman or other year who failed to earn a cumulative 3.0 at the end of the term they attempted the requisite number of hours required by subsection (B) may regain eligibility if their cumulative grade average is a 3.0 at the end of the term they have attempted at least sixty hours if they are a sophomore or ninety hours if they are a junior.

(D)     By the year 2000, students graduating from high school to be eligible for a LIFE scholarship must have passed all courses required for a STAR diploma.

Section 59-149-55.     Notwithstanding the requirements under this chapter for a LIFE Scholarship, in the case of a student enrolled in the South Carolina School for the Deaf and the Blind or the Wil Lou Gray Opportunity School whose handicap impacts on his ability to meet the requirements of this chapter, the student may forward an application for a LIFE Scholarship to the Commission on Higher Education. The commission shall review the application, degree of handicap, and special circumstances of the applicant. After a review, the commission may waive those requirements presenting a hardship to the handicapped student and order the award of a LIFE Scholarship.

Section 59-149-60.     The student may receive a LIFE scholarship for not more than ten semesters for a five-year degree program, eight semesters for a four-year degree program, or four semesters for a two-year degree program. In addition, students in order to be eligible for these scholarships must enroll in such an accredited institution within two years of graduating from high school.

Section 59-149-70.     The student must not be in default on a Federal Title IV or State of South Carolina educational loan, nor owe a refund on a Federal Title IV or State of South Carolina student financial aid program. If the student has repaid the defaulted loan or refund in full, he is eligible to obtain a LIFE scholarship in the future.

Section 59-149-80.     Students transferring from one eligible public or independent institution of this State to another are eligible for a LIFE scholarship, if they continue to meet all eligibility requirements.

Section 59-149-90.     (A)     Students must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a LIFE scholarship.

(B)     Regardless of the number of hours attempted, once the student has earned a bachelor's degree, he is ineligible for a LIFE scholarship to seek another degree.

(C)     All students who earn a LIFE scholarship under this chapter or the Palmetto Fellows Scholarship shall be recognized at graduation from high school with a certificate issued by the Department of Education.

Section 59-149-100.     Students enrolled in an eligible South Carolina institution qualify for a LIFE scholarship, even though they may not be physically present in South Carolina during all or part of the school term for which the LIFE scholarship applies. The student's institution must approve for credit a study-abroad or out-of-state program. Summer school may be substituted for one fall or spring semester in any year in a planned program of study.

Section 59-149-110.     (A)     Any credit hours attempted or earned before high school graduation, hours exempted by examination, or advanced placement credit hours do not count against the semester limits as provided in Section 59-149-60.

(B)     No LIFE scholarship funds may be applied to the costs of continuing education or remedial courses.

Section 59-149-120.     Any funds appropriated by the General Assembly to the Commission on Higher Education or any other agency, department, or institution to provide funding for these LIFE scholarships may be carried forward from fiscal year to fiscal year.

Section 59-149-130.     The commission shall promulgate regulations and establish procedures to administer the provisions of this chapter. In addition, the commission must ensure accountability for the scholarship by monitoring the distribution of grades at the institutions which receive these scholarship funds."

Section 59-149-140.     All institutions participating in the LIFE Scholarship Program must report their enrollment and other relevant data as solicited by the Commission on Higher Education which may audit these institutions to ensure compliance with this provision.

SECTION     2.     This act takes effect July 1, 1998. /

Amend title to read:

/TO AMEND TITLE 59, OF THE 1976 CODE BY ADDING CHAPTER 149 SO AS TO ESTABLISH LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE SCHOLARSHIPS TO COVER THE COST OF ATTENDANCE UP TO SPECIFIED LIMITS TO ELIGIBLE RESIDENT STUDENTS ATTENDING CERTAIN PUBLIC OR INDEPENDENT TWO-YEAR AND FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND TECHNICAL COLLEGES./

Renumber sections to conform.

Rep. BOAN explained the amendment.

POINT OF ORDER

Rep. SHEHEEN made the Point of Order that the Senate amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 4587--POINT OF ORDER

The Senate amendments to the following Bill were taken up for consideration.

H. 4587 -- Reps. Bauer, Barfield, Witherspoon, Bowers, Altman, Seithel, Lanford, Easterday, Bailey, Leach, J. Smith, Meacham, Sandifer, Littlejohn, Simrill, Mullen, Knotts, Fleming, Klauber, Walker, Kelley, Koon, Stoddard, Stille, Beck, R. Smith, Harrell, Chellis, Clyburn, Barrett, Rhoad, Young-Brickell, Allison, Hamilton, Campsen, Kinon, Whatley, D. Smith, Gamble, Rodgers, McLeod, Tripp, Davenport, Jordan, Vaughn, Keegan, J. Brown, Cato, Baxley, Maddox, Jennings, Neilson, Limehouse and A. Harris: A BILL TO AMEND SECTION 59-29-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STUDY OF THE UNITED STATES CONSTITUTION, THE DECLARATION OF INDEPENDENCE, AND THE FEDERALIST PAPERS AS A REQUISITE FOR HIGH SCHOOL GRADUATION, SO AS TO PROVIDE THAT ON VETERAN'S DAY OF EACH YEAR OR ON ANOTHER SPECIFIED DAY IF SCHOOLS ARE CLOSED ON VETERAN'S DAY, ALL ELEMENTARY, MIDDLE, AND HIGH SCHOOLS IN THIS STATE SHALL DEVOTE THE ENTIRE SCHOOL DAY TO A STUDY OF THE UNITED STATES CONSTITUTION AND THE DECLARATION OF INDEPENDENCE.

Rep. WALKER proposed the following Amendment No. 1A (Doc Name P:\AMEND\GJK\21604SD.98).

Amend the bill, as and if amended, in Section 59-29-120 of the 1976 Code, as contained in SECTION 1, by striking subsection (C) in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. WALKER explained the amendment.

POINT OF ORDER

Rep. MOODY-LAWRENCE made the Point of Order that the Senate amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

S. 174--NON-CONCURRENCE IN SENATE AMENDMENTS

The Senate amendments to the following Bill were taken up for consideration:

S. 174 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.

POINT OF ORDER

Rep. HOWARD made the Point of Order that the Senate amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

RULE 5.15 WAIVED

Rep. HARRISON moved to waive Rule 5.15, which was agreed to by a division vote of 60 to 10.

Rep. JENNINGS explained the Senate amendment.

The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. HASKINS.

H. 4952--RECOMMITTED

The following Bill was taken up.

H. 4952 -- Reps. Harrison and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-271 SO AS TO CLARIFY THE AUTHORITY OF CERTAIN SPECIAL PURPOSE DISTRICTS TO LEVY MILLAGE AND PROVIDE GOVERNMENTAL SERVICE.

Rep. HARRISON moved to recommit the Bill, which was agreed to.

S. 757--INTERRUPTED DEBATE

The following Bill was taken up:

S. 757 -- Senators Ravenel and Mescher: A BILL TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS, BY ADDING SECTION 6-11-65, SO AS TO PROVIDE THAT ELECTORS OF A SPECIAL PURPOSE DISTRICT MAY PETITION FOR A REFERENDUM ON THE QUESTION OF WHETHER THE BOARD OF COMMISSIONERS OF THE SPECIAL PURPOSE DISTRICT SHOULD BE ELECTED, BY ADDING SECTION 6-11-66 TO PROVIDE THAT IN THOSE DISTRICTS WHICH ADOPT THE REFERENDUM THE COMMISSIONERS WILL BE ELECTED ON AN AT-LARGE BASIS IN A NON-PARTISAN ELECTION AT THE GENERAL ELECTION; AND TO AMEND SECTION 6-11-70 OF THE 1976 CODE, RELATING TO THE ELECTION OF BOARD MEMBERS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO ELECTIONS HELD PURSUANT TO THIS ACT.

Reps. HARRISON and YOUNG proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21588DW.98).

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

/SECTION     _____.     Chapter 13, Title 6 of the 1976 Code is amended by adding:

"Article 15
Dissolution of
Special Purpose Districts

Section 6-11-2010.     For purposes of this article:

(1)     'Special purpose district' or 'district' means any district, including a public service district, created by or pursuant to an act of the General Assembly before March 7, 1973, and to which has been committed before March 7, 1973, any governmental function, including those districts created by general or special legislation and those districts created by referenda held pursuant to general or special legislation, the boundaries of which are wholly within a single county and which are not expressly governed by Chapter 9 of Title 4 or Chapter 7 of Title 5.

(2)     'Commissioners of election' means the commissioners of registration and election of a county. In a county where the functions of voter registration and conducting elections are not combined, the petition referred to in Section 6-11-2030 must be filed with the body responsible for voter registration in that county. This body is responsible for taking the action required by Section 6-11-2040, and with the commissioners of election or other body charged by law with conducting elections within the county, which shall undertake all other actions required of the 'commissioners of election' in this article.

Section 6-11-2020.     Notwithstanding any other provision of law, a special purpose district may be dissolved in accordance with this article upon a two-thirds vote of the qualified electors of the district voting in the referendum. These votes must be cast at a referendum held in accordance with this article and with the election laws of this State, mutatis mutandis.

Section 6-11-2030.     Before the circulation of a petition for consideration by qualified electors of a district, the entity or entities named in the petition as those which shall assume the assets and liabilities of the district upon dissolution and shall provide the services currently provided by the district (each a 'successor provider') must be provided with a copy of the proposed petition. A successor provider may within one hundred twenty days following receipt of such proposed petition adopt a resolution or ordinance, as appropriate under the general law of the State, by which such successor provider agrees, should a referendum held pursuant to this article be successful, to become responsible for the assets and liabilities of the district and to provide the service or services set forth in the petition upon the dissolution of the district. The resolution or ordinance must affirmatively state that the political subdivision is authorized by law to provide such service or services, and is authorized to and shall, before the dissolution of the district, issue such obligations as are necessary to fully pay or defease all outstanding general obligation bonds, revenue bonds, lease-purchase obligations, and other obligations of the district, except to the extent, if any, that the political subdivision is able to lawfully assume the obligations with the consent of the holder thereof. A certified copy of the resolution or ordinance must be forwarded to the governing body of the district and the party submitting the petition within five days of its adoption. Signatures affixed to a petition before the adoption by each successor provider named in it of a resolution or ordinance, as appropriate, in accordance with this paragraph are of no force or effect.

(1)     If the successor provider is a county and the county proposes to finance the provision of one or more services then provided by the district to the area within the district in whole or in part through the levy and collection of ad valorem taxes, the tax districtmust be established pursuant to the ordinance adopted pursuant to the preceding paragraph, subject to the dissolution of the district. Nothing herein contained shall prevent a county from creating a special tax district pursuant to this article solely for the purpose of payment of debt service on general obligation bonds issued by the county as a successor provider in order to discharge obligations of the district.

(2)     In the event that more than one successor provider is named in the petition or resolution of the governing body of the district, the entities so named, before the adoption of a resolution or ordinance as provided above, shall agree in writing as to the division of assets and liabilities of the district, and such agreement must be incorporated by reference into each the resolution or ordinance adopted.

Section 6-11-2040.     The referendum must be called and held in accordance with this article upon the filing with the commissioners of election for the county in which the district is located a petition conforming with the following requirements:

(1)     The petition must contain the name and address of the person clearly printed and the signature of each individual executing the same; and

(2)     printed at the top of each page of the petition an explanation of its purpose, which explanation shall contain, at a minimum:

(a)     the name of the district proposed to be dissolved;

(b)     a statement that the purpose of the petition is to authorize a referendum to be held on the question of the dissolution of the district;

(c)     the following inscription: 'This petition shall not become effective unless signed by at least forty percent of the qualified electors in (name of district).';

(d)     the services which the district is by law authorized to provide;

(e)     the outstanding principal balance of general obligation bonds of the district, the outstanding principal balance of the revenue bonds of the district, the outstanding principal balance of lease-purchase obligations of the district, and an outstanding balance of the total of other obligations of the district; and

(f)     if the services are to continue, the name of the entity or entities which shall assume the assets and liabilities of the district upon dissolution and shall provide the services currently provided by the district.

Section 6-11-2050.     (A)     Upon the filing of a petition, it is the duty of the commissioners of election of a county to:

(1)     forward a copy of the petition to the governing body of the district;

(2)     ascertain the number of qualified electors residing in the district; and

(3)     ascertain that each person named on the petition is a qualified elector shown on voter registration books maintained by the commissioners of election as residing at an address located within the district.

(B)     The commissioners of election shall within thirty days of the receipt of a petition deliver to the governing body of the district a certificate showing the number of qualified electors within the district and the number of qualified electors residing in the district that have signed the petition. Signatures on the petition are valid only if:

(1)     dated not more than one hundred eighty days prior to the delivery of the petition to the commissioners of election, and

(2)     they are of persons ascertained to be a qualified elector residing in the district as shown on the voter registration books.

Signatures on the petition accompanied by illegible names and addresses are void and must be disregarded in determination of the number of qualified electors residing in the district that have signed the petition.

Section 6-11-2060.     Upon receipt of the commissioners of election, and if the certificate demonstrates that at least forty percent of the qualified electors of the district have signed a petition conforming to this article, the governing body of the district shall forward it to each political subdivision which is named by the petition as a successor provider.

Section 6-11-2070.     Upon receipt of a petition pursuant to Section 6-11-2050, and provided that the governing body of the district has received all necessary resolutions or ordinances conforming with Section 6-11-2030 from each successor provider, the governing body shall within thirty days of the petition action adopt a resolution by which it authorizes a referendum to be held on the question of the dissolution of the district. The referendum must be held on the date of the general election in November of the even-numbered year if the governing body has received all required resolutions or ordinances and the petition by one hundred twenty days before that election. If all required resolutions or ordinances and the petition are not received by that deadline, the governing body must schedule the referendum for the next following general election.

Section 6-11-2080.     The resolution required by Section 6-11-2070 shall also provide for the publication of notice of the referendum in one newspaper of general circulation within the district. The notice of referendum must be published no less than sixty days prior to the referendum, on that date which is two weeks following the initial publication, and once a week for each of the four weeks immediately preceding the week in which the referendum is held. The notice shall contain matters required by the general election law of the State, and shall also include the following information:

(1)     the name of the district proposed to be dissolved;

(2)     a statement that the purpose of the referendum is to determine whether the district should be dissolved;

(3)     a general description of the boundaries of the district;

(4)     the names, addresses, and telephone numbers of each current member of the governing body of the district;

(5)     the services which the district is by law authorized to provide;

(6)     the outstanding principal balance of general obligation bonds of the district, the outstanding principal balance of the revenue bonds of the district, the outstanding principal balance of lease-purchase obligations of the district, and the outstanding principal balance of other obligations of the district;

(7)     the name of the political subdivision or subdivisions which shall assume the assets and liabilities of the district upon dissolution and, if services are to be continued, shall provide the services currently provided by the district;

(8)     where applicable, a statement that a copy of the written agreement of the successor providers as to the proposed distribution of assets and liabilities is available at the office of the principal administrator of each successor entity and at the principal office of the district;

(9)     where applicable, a statement that in the event the district is dissolved, the area formerly included within the district must be, without further action or approval, designated as a special tax district of the county in which the district is located for the provision of the service or services presently provided by the district for which the county is the successor provider, that the district will be subject to an annual tax for operations and maintenance of it not exceeding the amount as provided in the ordinance of the county enacted pursuant to Section 6-11-2060 and for debt service on general obligation bonds issued to finance the provision of the service or services; and

(10)     the question to be voted upon in the referendum.

Section 6-11-2090.     The referendum must be conducted by the commissioners of election for the county in which the district is located and held on the general election date in November of the next even-numbered year pursuant to Section 6-11-2070.

Section 6-11-2100.     (A)     The question to be voted upon in the referendum must be substantially similar to one of the following:
Must (name of district) be dissolved and its assets and liabilities distributed to (successors providers), upon the condition that (successor provider) must upon dissolution of the district be responsible for providing (name of service) that (additional successor provider) must upon dissolution of the district be responsible for providing (name of service)?

IN FAVOR OF DISSOLVING

(name of district)

OPPOSED TO DISSOLVING

(name of district)
Must (name of district) be dissolved and upon the dissolution the area formerly included within (name of district) constitutes a special tax district of ____________________________ County for the purpose of providing (name of services provided by district to be provided through tax district) in which special tax district there must be levied not exceeding __________ mills annually for the operation and maintenance thereof?

IN FAVOR OF DISSOLVING

(name of district)

OPPOSED TO DISSOLVING

(name of district)

(B)     Suitable instructions for completion of the ballot must be provided on it.

Section 6-11-2110.     The commissioners of election for the county in which the referendum is held shall certify the results of the election to the governing body of the district. The question presented in referendum shall be considered approved if at least two-thirds of the qualified electors of the district voting in the referendum vote in favor of it. The commissioners of election shall also cause the certificate of results of the referendum to be filed with the clerk of court for the county in which the district is located within five days of the date of the certification. The results of the referendum and the validity of those actions taken precedent to it are not open to question except by action instituted within thirty days from the filing of the certificate of results.

Section 6-11-2120.     If the question presented in the referendum is approved as provided in Section 6-11-2110, the governing body of the district shall declare the results of the referendum in writing and within ten days following the referendum provide certified copies of the declaration of results to each successor provider.

Section 6-11-2130.     Upon receipt of a certified copy of the declaration of results of the referendum, a successor provider must adopt a resolution or ordinance, as appropriate, confirming its prior action in agreeing to serve as successor provider within ninety days of receipt of a certified declaration of results. This confirming resolution or ordinance must be forwarded to the governing body of the district and to every other successor provider.

Section 6-11-2140.     When each successor provider has adopted a confirming resolution or ordinance, the governing body of each and of the district shall agree to an orderly winding up of the affairs of the district. Dissolution is not effective before the time as all general obligation debt, revenue debt, lease-purchase obligations, and other obligations, except those obligations which a successor provider may lawfully assume with the consent of the holder thereof, have been paid in full or legally defeased.

Section 6-11-2150.     The cost of any referendum held under the provisions of this article and all costs of dissolution must be borne by the district, provided, however, that the district is not responsible for any costs associated with the preparation or circulation of any petition calling for a referendum under this article."

SECTION     _____.     The 1976 Code is amended by adding:

"Section 6-11-271.     (A)     For purposes of this section, 'special purpose district' means any special purpose district or public service authority, however named, created prior to March 7, 1973, by or pursuant to an act of the General Assembly of this State.

(B)(1)     This subsection applies only to those special purpose districts the governing bodies of which are not elected but are presently authorized by law to levy for operations and maintenance in each year millage up to or not exceeding a given amount and did impose this levy in fiscal year 1997-98.

(2)     There must be levied annually in each special purpose district described in item (1) of this subsection, beginning with the levy for fiscal year 1999, ad valorem property tax millage in the amount equal to the millage levy imposed in fiscal year 1998.

(C)(1)     This subsection applies only to those special purpose districts the governing bodies of which are not elected but are presently authorized by law to levy for operations and maintenance in each year millage without limit as to amount.

(2)     There must be levied annually in each special purpose district described in item (1) of this subsection, beginning with the levy for fiscal year 1999, ad valorem property tax millage in the amount equal to the millage levy imposed in that special purpose district for operations and maintenance for fiscal year 1998.

(D)     Notwithstanding any other provision of law, any special purpose district within which taxes are authorized to be levied for maintenance and operation in accordance with the provisions of subsections (B) or (C) of this section or otherwise may request the commissioners of election of the county in which the special purpose district is located to conduct a referendum to propose a modification in the tax millage of the district. Upon receipt of such request the commissioners of election shall schedule and conduct the requested referendum on a date specified by the governing body of the district. If approved by referendum, such modification in tax millage shall remain effective until changed in a manner provided by law.

(E)(1)     All special purpose districts located wholly within a single county and within which taxes are authorized to be levied for maintenance and operation in accordance with the provisions of subsections (B) or (C) of this section or otherwise are authorized to modify their respective millage limitations, provided the same is first approved by the governing body of the district and by the governing body of the county in which the district is located by resolutions duly adopted. Any increase in millage effectuated pursuant to this subsection is effective for only one year.

(2)     Any millage increase levied pursuant to the provisions of item (1) of this subsection must be levied and collected by the appropriate county auditor and county treasurer."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. YOUNG explained the amendment.

Rep. MILLER spoke in favor of the amendment.

Rep. YOUNG spoke in favor of the amendment.

Rep. HARRELL moved that the House recede until 2:30 P.M., which was adopted.

Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 1.

THE HOUSE RESUMES

At 2:30 P.M. the House resumed, the ACTING SPEAKER STODDARD in the Chair.

POINT OF QUORUM

The question of a quorum was raised. A quorum was later present.

SPEAKER IN CHAIR
S. 757--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.

S. 757 -- Senators Ravenel and Mescher: A BILL TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS, BY ADDING SECTION 6-11-65, SO AS TO PROVIDE THAT ELECTORS OF A SPECIAL PURPOSE DISTRICT MAY PETITION FOR A REFERENDUM ON THE QUESTION OF WHETHER THE BOARD OF COMMISSIONERS OF THE SPECIAL PURPOSE DISTRICT SHOULD BE ELECTED, BY ADDING SECTION 6-11-66 TO PROVIDE THAT IN THOSE DISTRICTS WHICH ADOPT THE REFERENDUM THE COMMISSIONERS WILL BE ELECTED ON AN AT-LARGE BASIS IN A NON-PARTISAN ELECTION AT THE GENERAL ELECTION; AND TO AMEND SECTION 6-11-70 OF THE 1976 CODE, RELATING TO THE ELECTION OF BOARD MEMBERS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO ELECTIONS HELD PURSUANT TO THIS ACT.

Reps. HARRISON and YOUNG proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21588DW.98), which was adopted.

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

/SECTION     _____.     Chapter 13, Title 6 of the 1976 Code is amended by adding:

"Article 15
Dissolution of
Special Purpose Districts

Section 6-11-2010.     For purposes of this article:

(1)     'Special purpose district' or 'district' means any district, including a public service district, created by or pursuant to an act of the General Assembly before March 7, 1973, and to which has been committed before March 7, 1973, any governmental function, including those districts created by general or special legislation and those districts created by referenda held pursuant to general or special legislation, the boundaries of which are wholly within a single county and which are not expressly governed by Chapter 9 of Title 4 or Chapter 7 of Title 5.

(2)     'Commissioners of election' means the commissioners of registration and election of a county. In a county where the functions of voter registration and conducting elections are not combined, the petition referred to in Section 6-11-2030 must be filed with the body responsible for voter registration in that county. This body is responsible for taking the action required by Section 6-11-2040, and with the commissioners of election or other body charged by law with conducting elections within the county, which shall undertake all other actions required of the 'commissioners of election' in this article.

Section 6-11-2020.     Notwithstanding any other provision of law, a special purpose district may be dissolved in accordance with this article upon a two-thirds vote of the qualified electors of the district voting in the referendum. These votes must be cast at a referendum held in accordance with this article and with the election laws of this State, mutatis mutandis.

Section 6-11-2030.     Before the circulation of a petition for consideration by qualified electors of a district, the entity or entities named in the petition as those which shall assume the assets and liabilities of the district upon dissolution and shall provide the services currently provided by the district (each a 'successor provider') must be provided with a copy of the proposed petition. A successor provider may within one hundred twenty days following receipt of such proposed petition adopt a resolution or ordinance, as appropriate under the general law of the State, by which such successor provider agrees, should a referendum held pursuant to this article be successful, to become responsible for the assets and liabilities of the district and to provide the service or services set forth in the petition upon the dissolution of the district. The resolution or ordinance must affirmatively state that the political subdivision is authorized by law to provide such service or services, and is authorized to and shall, before the dissolution of the district, issue such obligations as are necessary to fully pay or defease all outstanding general obligation bonds, revenue bonds, lease-purchase obligations, and other obligations of the district, except to the extent, if any, that the political subdivision is able to lawfully assume the obligations with the consent of the holder thereof. A certified copy of the resolution or ordinance must be forwarded to the governing body of the district and the party submitting the petition within five days of its adoption. Signatures affixed to a petition before the adoption by each successor provider named in it of a resolution or ordinance, as appropriate, in accordance with this paragraph are of no force or effect.

(1)     If the successor provider is a county and the county proposes to finance the provision of one or more services then provided by the district to the area within the district in whole or in part through the levy and collection of ad valorem taxes, the tax district must be established pursuant to the ordinance adopted pursuant to the preceding paragraph, subject to the dissolution of the district. Nothing herein contained shall prevent a county from creating a special tax district pursuant to this article solely for the purpose of payment of debt service on general obligation bonds issued by the county as a successor provider in order to discharge obligations of the district.

(2)     In the event that more than one successor provider is named in the petition or resolution of the governing body of the district, the entities so named, before the adoption of a resolution or ordinance as provided above, shall agree in writing as to the division of assets and liabilities of the district, and such agreement must be incorporated by reference into each the resolution or ordinance adopted.

Section 6-11-2040.     The referendum must be called and held in accordance with this article upon the filing with the commissioners of election for the county in which the district is located a petition conforming with the following requirements:

(1)     The petition must contain the name and address of the person clearly printed and the signature of each individual executing the same; and

(2)     printed at the top of each page of the petition an explanation of its purpose, which explanation shall contain, at a minimum:

(a)     the name of the district proposed to be dissolved;

(b)     a statement that the purpose of the petition is to authorize a referendum to be held on the question of the dissolution of the district;

(c)     the following inscription: 'This petition shall not become effective unless signed by at least forty percent of the qualified electors in (name of district).';

(d)     the services which the district is by law authorized to provide;

(e)     the outstanding principal balance of general obligation bonds of the district, the outstanding principal balance of the revenue bonds of the district, the outstanding principal balance of lease-purchase obligations of the district, and an outstanding balance of the total of other obligations of the district; and

(f)     if the services are to continue, the name of the entity or entities which shall assume the assets and liabilities of the district upon dissolution and shall provide the services currently provided by the district.

Section 6-11-2050.     (A)     Upon the filing of a petition, it is the duty of the commissioners of election of a county to:

(1)     forward a copy of the petition to the governing body of the district;

(2)     ascertain the number of qualified electors residing in the district; and

(3)     ascertain that each person named on the petition is a qualified elector shown on voter registration books maintained by the commissioners of election as residing at an address located within the district.

(B)     The commissioners of election shall within thirty days of the receipt of a petition deliver to the governing body of the district a certificate showing the number of qualified electors within the district and the number of qualified electors residing in the district that have signed the petition. Signatures on the petition are valid only if:

(1)     dated not more than one hundred eighty days prior to the delivery of the petition to the commissioners of election, and

(2)     they are of persons ascertained to be a qualified elector residing in the district as shown on the voter registration books.

Signatures on the petition accompanied by illegible names and addresses are void and must be disregarded in determination of the number of qualified electors residing in the district that have signed the petition.

Section 6-11-2060.     Upon receipt of the commissioners of election, and if the certificate demonstrates that at least forty percent of the qualified electors of the district have signed a petition conforming to this article, the governing body of the district shall forward it to each political subdivision which is named by the petition as a successor provider.

Section 6-11-2070.     Upon receipt of a petition pursuant to Section 6-11-2050, and provided that the governing body of the district has received all necessary resolutions or ordinances conforming with Section 6-11-2030 from each successor provider, the governing body shall within thirty days of the petition action adopt a resolution by which it authorizes a referendum to be held on the question of the dissolution of the district. The referendum must be held on the date of the general election in November of the even-numbered year if the governing body has received all required resolutions or ordinances and the petition by one hundred twenty days before that election. If all required resolutions or ordinances and the petition are not received by that deadline, the governing body must schedule the referendum for the next following general election.

Section 6-11-2080.     The resolution required by Section 6-11-2070 shall also provide for the publication of notice of the referendum in one newspaper of general circulation within the district. The notice of referendum must be published no less than sixty days prior to the referendum, on that date which is two weeks following the initial publication, and once a week for each of the four weeks immediately preceding the week in which the referendum is held. The notice shall contain matters required by the general election law of the State, and shall also include the following information:

(1)     the name of the district proposed to be dissolved;

(2)     a statement that the purpose of the referendum is to determine whether the district should be dissolved;

(3)     a general description of the boundaries of the district;

(4)     the names, addresses, and telephone numbers of each current member of the governing body of the district;

(5)     the services which the district is by law authorized to provide;

(6)     the outstanding principal balance of general obligation bonds of the district, the outstanding principal balance of the revenue bonds of the district, the outstanding principal balance of lease-purchase obligations of the district, and the outstanding principal balance of other obligations of the district;

(7)     the name of the political subdivision or subdivisions which shall assume the assets and liabilities of the district upon dissolution and, if services are to be continued, shall provide the services currently provided by the district;

(8)     where applicable, a statement that a copy of the written agreement of the successor providers as to the proposed distribution of assets and liabilities is available at the office of the principal administrator of each successor entity and at the principal office of the district;

(9)     where applicable, a statement that in the event the district is dissolved, the area formerly included within the district must be, without further action or approval, designated as a special tax district of the county in which the district is located for the provision of the service or services presently provided by the district for which the county is the successor provider, that the district will be subject to an annual tax for operations and maintenance of it not exceeding the amount as provided in the ordinance of the county enacted pursuant to Section 6-11-2060 and for debt service on general obligation bonds issued to finance the provision of the service or services; and

(10)     the question to be voted upon in the referendum.

Section 6-11-2090.     The referendum must be conducted by the commissioners of election for the county in which the district is located and held on the general election date in November of the next even-numbered year pursuant to Section 6-11-2070.

Section 6-11-2100.     (A)     The question to be voted upon in the referendum must be substantially similar to one of the following:
Must (name of district) be dissolved and its assets and liabilities distributed to (successors providers), upon the condition that (successor provider) must upon dissolution of the district be responsible for providing (name of service) that (additional successor provider) must upon dissolution of the district be responsible for providing (name of service)?

IN FAVOR OF DISSOLVING

(name of district)

OPPOSED TO DISSOLVING

(name of district)
Must (name of district) be dissolved and upon the dissolution the area formerly included within (name of district) constitutes a special tax district of ____________________________ County for the purpose of providing (name of services provided by district to be provided through tax district) in which special tax district there must be levied not exceeding __________ mills annually for the operation and maintenance thereof?

IN FAVOR OF DISSOLVING

(name of district)

OPPOSED TO DISSOLVING

(name of district)

(B)     Suitable instructions for completion of the ballot must be provided on it.

Section 6-11-2110.     The commissioners of election for the county in which the referendum is held shall certify the results of the election to the governing body of the district. The question presented in referendum shall be considered approved if at least two-thirds of the qualified electors of the district voting in the referendum vote in favor of it. The commissioners of election shall also cause the certificate of results of the referendum to be filed with the clerk of court for the county in which the district is located within five days of the date of the certification. The results of the referendum and the validity of those actions taken precedent to it are not open to question except by action instituted within thirty days from the filing of the certificate of results.

Section 6-11-2120.     If the question presented in the referendum is approved as provided in Section 6-11-2110, the governing body of the district shall declare the results of the referendum in writing and within ten days following the referendum provide certified copies of the declaration of results to each successor provider.

Section 6-11-2130.     Upon receipt of a certified copy of the declaration of results of the referendum, a successor provider must adopt a resolution or ordinance, as appropriate, confirming its prior action in agreeing to serve as successor provider within ninety days of receipt of a certified declaration of results. This confirming resolution or ordinance must be forwarded to the governing body of the district and to every other successor provider.

Section 6-11-2140.     When each successor provider has adopted a confirming resolution or ordinance, the governing body of each and of the district shall agree to an orderly winding up of the affairs of the district. Dissolution is not effective before the time as all general obligation debt, revenue debt, lease-purchase obligations, and other obligations, except those obligations which a successor provider may lawfully assume with the consent of the holder thereof, have been paid in full or legally defeased.

Section 6-11-2150.     The cost of any referendum held under the provisions of this article and all costs of dissolution must be borne by the district, provided, however, that the district is not responsible for any costs associated with the preparation or circulation of any petition calling for a referendum under this article."

SECTION     _____.     The 1976 Code is amended by adding:

"Section 6-11-271.     (A)     For purposes of this section, 'special purpose district' means any special purpose district or public service authority, however named, created prior to March 7, 1973, by or pursuant to an act of the General Assembly of this State.

(B)(1)     This subsection applies only to those special purpose districts the governing bodies of which are not elected but are presently authorized by law to levy for operations and maintenance in each year millage up to or not exceeding a given amount and did impose this levy in fiscal year 1997-98.

(2)     There must be levied annually in each special purpose district described in item (1) of this subsection, beginning with the levy for fiscal year 1999, ad valorem property tax millage in the amount equal to the millage levy imposed in fiscal year 1998.

(C)(1)     This subsection applies only to those special purpose districts the governing bodies of which are not elected but are presently authorized by law to levy for operations and maintenance in each year millage without limit as to amount.

(2)     There must be levied annually in each special purpose district described in item (1) of this subsection, beginning with the levy for fiscal year 1999, ad valorem property tax millage in the amount equal to the millage levy imposed in that special purpose district for operations and maintenance for fiscal year 1998.

(D)     Notwithstanding any other provision of law, any special purpose district within which taxes are authorized to be levied for maintenance and operation in accordance with the provisions of subsections (B) or (C) of this section or otherwise may request the commissioners of election of the county in which the special purpose district is located to conduct a referendum to propose a modification in the tax millage of the district. Upon receipt of such request the commissioners of election shall schedule and conduct the requested referendum on a date specified by the governing body of the district. If approved by referendum, such modification in tax millage shall remain effective until changed in a manner provided by law.

(E)(1)     All special purpose districts located wholly within a single county and within which taxes are authorized to be levied for maintenance and operation in accordance with the provisions of subsections (B) or (C) of this section or otherwise are authorized to modify their respective millage limitations, provided the same is first approved by the governing body of the district and by the governing body of the county in which the district is located by resolutions duly adopted. Any increase in millage effectuated pursuant to this subsection is effective for only one year.

(2)     Any millage increase levied pursuant to the provisions of item (1) of this subsection must be levied and collected by the appropriate county auditor and county treasurer."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. WITHERSPOON moved to adjourn debate upon the Bill.

Rep. HARRISON moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:

Yeas 46; Nays 24

Those who voted in the affirmative are:

Altman                 Bailey                 Barrett
Bauer                  Baxley                 Boan
Brown, H.              Canty                  Cato
Chellis                Clyburn                Dantzler
Delleney               Emory                  Gamble
Gourdine               Harrell                Harris
Harrison               Hinson                 Jennings
Kennedy                Kinon                  Lee
McCraw                 McGee                  McLeod
McMaster               Miller                 Rice
Robinson               Rodgers                Sandifer
Sharpe                 Sheheen                Spearman
Stuart                 Vaughn                 Webb
Whatley                Wilder                 Wilkes
Wilkins                Woodrum                Young
Young-Brickell

Total--46

Those who voted in the negative are:

Allison                Barfield               Battle
Beck                   Breeland               Brown, J.
Cobb-Hunter            Edge                   Hawkins
Inabinett              Keegan                 Kelley
Kirsh                  Littlejohn             Lloyd
Mack                   McMahand               Meacham
Moody-Lawrence         Scott                  Simrill
Smith, R.              Whipper                Witherspoon

Total--24

So, the motion to adjourn debate was tabled.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 3 (Doc Name P:\AMEND\PT\2005DW.98), which was tabled.

Amend the amendment as and if amended, page 4, line 3, by striking /two-thirds/ and inserting / majority /and on line 4, by striking /of the district/.

Amend further, page 9, line 7, by striking /forty/ and inserting /twenty-five/.

Amend further, page 12, line 6, by striking /forty/ and inserting /twenty-five/.

Amend further, page 20 , beginning on line 10. by striking /at least two-thirds/ and inserting /a majority/.

Amend title to conform.

Rep. KIRSH explained the amendment.

ACTING SPEAKER BAXLEY IN CHAIR

Rep. KIRSH continued speaking.

Rep. HARRISON spoke against the amendment.

Rep. McLEOD moved to divide the question.

Rep. YOUNG moved to table the motion, which was agreed to.

POINT OF ORDER

Rep. SHEHEEN raised a Point of Order that the Bill required a fiscal impact statement as required under Code Section 2-7-76.

ACTING SPEAKER BAXLEY stated that there was a local government fiscal impact statement appended to the general fund fiscal impact statement.

Rep. SHEHEEN stated that the impact statement had to be revised under Code Section 2-7-76 every time an amendment is adopted.

ACTING SPEAKER BAXLEY stated that his Point was not appropriate at this time because the fiscal impact statement can be amended anytime before third reading. He therefore overruled the Point of Order.

POINT OF ORDER

Rep. KIRSH raised a Point of Order that S. 757 was out of order under Rule 4.4 in that no statewide Bill directly appropriating money shall be considered by the House until the Bill has been referred to the Ways and Means Committee. He stated further that under S. 757 the tax and millage levy in those affected special purpose districts is set statutorily, thereby raising revenue. He stated further that the Bill required that money be spent to fund the operation of special purpose districts, which is a direct appropriation. He stated that the sole purpose of the Bill is to set a millage levy and make an appropriation for the operation of a special purpose district. He referenced a similar Point of Order raised on May 23, 1996 where a member raised a Point of Order that the Building Codes Bill which required $250,000 in fire insurance premiums and the use of training and certification of building code enforcement officers was out of order.

ACTING SPEAKER BAXLEY stated that the Bill required expenditures by the counties but was not a direct state appropriation. He therefore overruled the Point of Order.

Rep. EDGE moved to table the amendment.

Rep. HAWKINS demanded the yeas and nays, which were taken resulting as follows:

Yeas 77; Nays 24

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Battle                 Bauer                  Baxley
Beck                   Brown, G.              Brown, H.
Brown, J.              Cato                   Chellis
Clyburn                Cooper                 Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Gamble                 Hamilton               Harris
Harrison               Haskins                Hawkins
Hinson                 Jennings               Keegan
Kelley                 Kennedy                Kinon
Klauber                Knotts                 Koon
Law                    Leach                  Littlejohn
Loftis                 Martin                 Mason
McCraw                 McGee                  McKay
McMahand               McMaster               Mullen
Neilson                Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Sheheen                Simrill                Smith, F.
Smith, J.              Smith, R.              Spearman
Stille                 Stuart                 Townsend
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--77

Those who voted in the negative are:

Altman                 Bailey                 Breeland
Byrd                   Campsen                Canty
Cobb-Hunter            Cotty                  Cromer
Gourdine               Harrell                Hines, J.
Howard                 Inabinett              Kirsh
Mack                   Maddox                 McLeod
Miller                 Moody-Lawrence         Neal
Rhoad                  Scott                  Stoddard

Total--24

So, the amendment was tabled.

SPEAKER IN CHAIR

Reps. KNOTTS, KOON and BAUER proposed the following Amendment No. 4 (Doc Name P:\AMEND\KGH\15702JM.98), which was adopted.

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

/SECTION     ___.     All bond referendums sought by the district under this act must be voted upon in general elections./

Renumber sections to conform.

Amend title to conform.

Rep. KNOTTS explained the amendment.

The amendment was then adopted.

POINT OF ORDER

Rep. SHEHEEN raised a Point of Order that the Bill required a two-thirds vote in accordance with Code Section 4-9-55 in that the statute states a county cannot be bound by general law requiring to spend funds or take action requiring the expenditure of funds unless the General Assembly approves it by a two-thirds of the members voting in each house.

Rep. HARRISON stated that the Bill authorized local government, if they so chose, to hold a referendum to pass an ordinance to accept the assets and liabilities of the special purpose district before a petition is initiated or a referendum is held and then ratify it at the end of it. But, it does not require the expenditure of funds.

SPEAKER WILKINS stated that in this particular situation, the Bill was excepted from the two-thirds vote requirement based upon Code Section 4-9-55(A)(3) because it applied to all counties similarly situated. He therefore overruled the Point of Order.

Rep. EDGE moved to recommit the Bill.

Rep. YOUNG moved to table the motion.

Rep. EDGE demanded the yeas and nays, which were taken resulting as follows:

Yeas 86; Nays 17

Those who voted in the affirmative are:

Bailey                 Barrett                Bauer
Boan                   Breeland               Brown, G.
Brown, H.              Brown, J.              Byrd
Canty                  Cato                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Cromer                 Dantzler
Davenport              Delleney               Easterday
Emory                  Felder                 Fleming
Gamble                 Gourdine               Govan
Hamilton               Harrell                Harris
Harrison               Haskins                Hines, J.
Hinson                 Inabinett              Jennings
Kennedy                Kinon                  Klauber
Knotts                 Koon                   Law
Leach                  Lloyd                  Loftis
Mack                   Maddox                 Martin
McCraw                 McGee                  McKay
McLeod                 McMahand               McMaster
Miller                 Moody-Lawrence         Mullen
Neal                   Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Sheheen                Simrill                Smith, F.
Smith, J.              Smith, R.              Spearman
Stille                 Stuart                 Townsend
Tripp                  Vaughn                 Webb
Whatley                Whipper                Wilder
Wilkes                 Wilkins                Woodrum
Young                  Young-Brickell

Total--86

Those who voted in the negative are:

Allison                Barfield               Battle
Beck                   Campsen                Edge
Hawkins                Keegan                 Kelley
Kirsh                  Littlejohn             Mason
Meacham                Neilson                Scott
Stoddard               Witherspoon

Total--17

So, the motion to recommit was tabled.

Reps. KOON and KNOTTS proposed the following Amendment No. 5, which was tabled.

When 2/3 of people on Governing Board of Local Government agree to assume all liabilities including, bonded indebtedness of a special purpose district.

The voters in the counties where special purpose districts are confined would be able to dissolve by a two-thirds vote of registered voters in the following general election and would bind the local government to dissolve the special purpose district.

Amend title to conform.

Rep. KOON explained the amendment.

Rep. YOUNG moved to table the amendment, which was agreed to by a division vote of 54 to 22.

Rep. HARRISON explained the Bill.

The question then recurred to the passage of the Bill, as amended, on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 98; Nays 4

Those who voted in the affirmative are:

Allison                Bailey                 Barrett
Beck                   Boan                   Breeland
Brown, G.              Brown, H.              Brown, J.
Byrd                   Campsen                Canty
Cato                   Cave                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Cromer                 Dantzler
Davenport              Delleney               Easterday
Emory                  Felder                 Fleming
Gamble                 Gourdine               Govan
Hamilton               Harrell                Harris
Harrison               Haskins                Hawkins
Hines, J.              Hinson                 Jennings
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Limehouse              Littlejohn
Lloyd                  Loftis                 Mack
Maddox                 Martin                 Mason
McCraw                 McGee                  McKay
McLeod                 McMahand               McMaster
Meacham                Miller                 Moody-Lawrence
Mullen                 Neal                   Neilson
Pinckney               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scott
Seithel                Sharpe                 Simrill
Smith, F.              Smith, J.              Smith, R.
Spearman               Stille                 Stuart
Tripp                  Vaughn                 Walker
Webb                   Whatley                Whipper
Wilkes                 Wilkins                Woodrum
Young                  Young-Brickell

Total--98

Those who voted in the negative are:

Barfield               Battle                 Edge
Witherspoon

Total--4

So, the Bill, as amended, was read the second time and ordered to third reading.

RECORD FOR VOTING

I was called out of the House Chamber at the time the vote on S. 757 was taken. Had I voted on the Bill, I would have voted in favor, as amended.

Rep. DONNY WILDER

S. 401--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 401 -- Senators Leventis and Giese: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF CONTRACTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF CONTRACTORS INCLUDING, BUT NOT LIMITED TO, REVISING THRESHOLD PROJECT COSTS REQUIRING A LICENSED CONTRACTOR, REVISING QUALIFYING PARTY REQUIREMENTS AND RESPONSIBILITIES, AND PROVIDING A GRANDFATHER CLAUSE FOR CURRENT QUALIFIERS, ESTABLISHING FINANCIAL STATEMENT LICENSE GROUPS, AND REVISING REQUIREMENTS FOR FINANCIAL STATEMENTS, REDUCING BIDDERS' LICENSE FEES, EXPANDING GROUNDS FOR DISCIPLINARY ACTION AND SANCTIONS AGAINST UNLICENSED CONTRACTORS, AUTHORIZING CEASE AND DESIST ORDERS, AUTHORIZING EXAMINATION WAIVERS FOR CERTAIN CONTRACTORS LICENSED IN OTHER STATES, PROVIDING FOR THE REGULATION OF CONSTRUCTION MANAGEMENT SERVICES, ESTABLISHING BIDDING REQUIREMENTS FOR PRIME CONTRACTORS, REVISING LICENSING SUBCLASSIFICATIONS, PROVIDING CRITERIA FOR OWNERS TO OBTAIN BUILDING PERMITS, AND PROVIDING LICENSURE EXEMPTIONS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7440AC.98), which was adopted.

Amend the bill, as and if amended, by deleting from page 401-10, line 34 through page 401-38, line 29 and inserting:

/Section 40-11-5.     Unless otherwise provided for in this chapter, Article 1, Chapter 1, Title 40 applies to licensed contractors; however, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.

Section 40-11-10.     (A)     There is created the South Carolina Contractor's Licensing Board under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to protect the health, safety, and welfare of the public through the regulation of businesses and individuals who identify, assess, and provide contract work to individuals or other legal entities through the administration and enforcement of this chapter and any regulation promulgated under this chapter and Article 1, Chapter 1,

(B)     The board consists of eight members appointed by the Governor six of whom must be licensed contractors. Of the six contractors one must have as the larger part of his business the construction of highways, one must have as the larger part of his business the construction of public utilities, one must have as the larger part of his business the construction of commercial, industrial, and institutional buildings, one must have as the larger part of his business the performance of heating, plumbing, or air conditioning work, one must have as the larger part of his business the performance of electrical work, and one must have as the larger part of his business the installation, servicing, and responding to burglar or fire alarm systems or the performance of fire sprinkler system work. Two members must be consumer members representing the public at large. Nominations for appointment to the board may be submitted to the Governor by the board or an individual, group, or association.

(C)     Members serve terms of five years and until their successors are appointed and qualify. A vacancy on the board must be filled in the manner of the original appointment for the remainder of the unexpired term.

Section 40-11-20.     For purposes of this chapter:

(1)     'Board' means the South Carolina Contractors' Licensing Board.

(2)     'Bid' means an offer to furnish labor, equipment, or materials or other services regulated by this chapter.

(3)     'Certificate holder' means a qualifying party.

(4)     'Contractor' means a general or mechanical contractor regulated under this chapter.

(5)     'Construction manager' means an entity working for a fee whose duties are to supervise and coordinate the work of design professionals and multiple prime contractors, while allowing the design professionals and contractors to control individual operations and the manner of design and construction. Services provided by a construction manager may include: coordination, management, or supervision of design or construction; cost management, including estimates of construction costs and development of project budgets; scheduling, which may include critical path techniques, for all phases of a project; design review, including review of formal design submission and construction feasibility; and bid packaging and contractor selection. An owner self-performing construction management services is not considered a construction manager for purposes of this chapter.

(6)     'Department' means the Department of Labor, Licensing and Regulation.

(7)     'Entity' means a sole proprietorship, partnership, limited liability partnership, limited liability company, association, joint venture, cooperative, corporation, or other legal entity authorized by law and approved by the board.

(8)     'General construction' means the installation, replacement, or repair of a building, structure, highway, sewer, grading, asphalt or concrete paving, or improvement of any kind to real property.

(9)     'General contractor' means an entity which performs or supervises or offers to perform or supervise general construction.

(10)     'License classification' or 'subclassification' means the type of construction for which a contractor may be licensed to do business.

(11)     'License group' means the financial limitations for bidding and performing general or mechanical construction.

(12)     'Licensee' means an entity which has been issued either a general or mechanical contractor's license by the department.

(13)     'Licensed contractor' means an entity that is licensed by the South Carolina Contractor's Licensing Board to engage in general or mechanical contracting within the State.

(14)     'Mechanical contractor' means an entity which performs or supervises, or offers to perform or supervise, mechanical construction.

(15)     'Mechanical construction' means the installation, replacement, or repair of plumbing, heating, air conditioning, process piping, refrigeration, lightning protection equipment, or electrical components, fixtures, or devices of any kind, excluding burglar alarm work.

(16)     'Individual' means a natural person.

(17)     'Prime contractor' means an entity which contracts directly with an owner to perform general or mechanical construction.

(18)     'Primary qualifying party' means a qualifying party who has been designated by a licensee as the principal individual responsible for directing or reviewing work performed by the licensee in a particular license classification or subclassification.

(19)     'Public owner' means the State and any of its political subdivisions;

(20)     'Qualifying party' means an individual who has been issued a certificate to qualify an entity for a license by way of examination in a license classification or subclassification.

(21)     'Sole prime contractor' means the prime contractor for a project on which there is only one prime contractor.

(22)     'Subcontractor' means an entity who contracts to perform construction services for a prime contractor or another subcontractor.

(23)     'Total cost of construction' means the actual cost incurred by the owner, all contractors, subcontractors, and other parties for labor, material, equipment, profit, and incidental expenses for the entire project. This does not include the cost of design services unless those services are included in a construction contract.

(24)     'Unlicensed contractor' means an entity performing or overseeing general or mechanical construction without a license.

Section 40-11-30.     No entity or individual may practice as a contractor by performing or offering to perform contracting work for which the total cost of construction is greater than five thousand dollars for general contracting or greater than five thousand dollars for mechanical contracting without a license issued in accordance with this chapter.

Section 40-11-50.     (A)     The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 41-1-50.

(B)     The following fees will apply:

(1)     Biennial License Fee - $350.00

(2)     Renewal Fee - $350.00

(3)     Biennial Certificate Fee - $10.00

(4)     Late Renewal Penalty:

(a)     $100.00 for up to 30 days

(b)     $150.00 for 31 to 60 days

(c)     $200.00 for 61 to 90 days

(d)     Initial application required after ninety days.

(5)     Replacement of lost or destroyed certificate - $10.00

(6)     Replacement of lost or destroyed license - $ 5.00

(7)     Annual inactive certificate status fee - $10.00 per year for up to four years.

(8)     Annual inactive license status fee - $110.00 per year. For purposes of this item, 'inactive license status' means the holding of a valid license by a contractor who is not actively submitting bids to perform work under that license.

Section 40-11-60.     The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter.

Section 40-11-70.     In addition to powers and duties provided in Article 1, Chapter 1, the board may:

(1)     establish a time limit beyond which an initial complaint may not be considered;

(2)     establish a procedure for receiving complaints which protects the anonymity of the person filing the complaint;

(3)     order an entity or individual found in violation of this chapter or a regulation promulgated under this chapter to take remedial action;

(4)     establish guidelines for identifying substandard construction work.

Section 40-11-80.     The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided for in Section 40-1-80.

Section 40-11-90.     The results of an investigation must be presented to the board and any subsequent hearing must be conducted in accordance with Section 40-1-90.

Section 40-11-100.     (A)     The department may refer any reports of violations of this chapter and Article 1, Chapter 1 or any reports of violations of regulations promulgated under this chapter directly to the board or may issue administrative citations and cease and desist orders in person or by certified mail and may assess administrative penalties against any entity or individual, including unlicensed contractors, for violations of this chapter as specified by the board.

(B)     Separate citations may be issued and separate administrative penalties may be assessed for each violation, however, that no more than two thousand five hundred dollars in administrative penalties may be assessed against an entity or an individual per day.

(C)     Administrative penalties authorized under this section are separate from and in addition to all other remedies, either civil or criminal.

(D)     Administrative penalties assessed pursuant to this section may not exceed the following limits:

(1)     for a first offense, not more than a five hundred dollar penalty;

(2)     for a second offense in a five-year period, the citation must be referred to the board for action in accordance with Section 40-11-110.

(E)     An entity or individual assessed administrative penalties may appeal those penalties to the board within fifteen days of receipt of the citation. If an appeal is filed, the department shall schedule a hearing before the board, which shall make a determination in the matter. If no appeal is filed, the citation is deemed a final order and the administrative penalties must be paid within thirty days of receipt of the citation.

Section 40-11-110.     (A)     The board may impose disciplinary action authorized by this chapter upon a licensee, certificate holder, or other entity or individual if the board finds any of these conditions:

(1)     subsequent discovery of facts which if known at the time of issuance or renewal of a license or certificate would have been grounds to deny the issuance or renewal of a license or certificate;

(2)     negligence, performing substandard work, incompetence, or misconduct;

(3)     abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal;

(4)     fraud or deceit in obtaining a license or certification;

(5)     violation of a provision of this chapter, Article 1, Chapter 1 or a regulation promulgated under these chapters;

(6)     misrepresentation of a material fact by an applicant in obtaining a license or certificate;

(7)     conviction or entering a guilty plea or plea of nolo contendere in a court of competent jurisdiction of this or any other state, district, or territory of the United States or of a foreign country of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or conspiracy to defraud or other like offense regardless of whether an appeal has been sought;

(8)     conviction or entering a guilty plea or plea of nolo contendere of a felony or a crime involving moral turpitude in connection with the performance of a contract for construction regardless of whether an appeal has been sought;

(9)     aiding or abetting an unlicensed entity to evade the provisions of this chapter; combining or conspiring with an unlicensed entity, allowing one's license to be used by an unlicensed entity or acting as agent, partner, associate, or otherwise of an unlicensed entity;

(10)     entering into a contract with an unlicensed contractor for work to be performed for which a license is required;

(11)     false, misleading, or deceptive advertising whereby a member of the public may be misled and injured;

(12)     contracting or offering to contract or submitting a bid while a license is under suspension or probation;

(13)     failure to obtain a building permit as required by a local or state government before engaging in construction;

(14)     failure to take appropriate corrective action to comply with this chapter or a regulation promulgated under this chapter without valid justification within a reasonable period of time after receiving a written directive from the department;

(15)     failure to maintain the net worth requirements for licensure;

(16)     failure to comply with an order of the board;

(17)     failure to provide pertinent records and documents as requested by the department or board;

(18)     failure to maintain a business address accessible to the public;

(19)     failure to comply with a directive of the department;

(20)     failure to notify the department of changes in information required in an original or renewal application;

(21)     contracting or offering to contract for construction work exceeding the limitations of a group or outside the classification or subclassification of a license;

(22)     attempting to serve in the capacity of primary qualifying party while serving a jail sentence; or

(23)     departure from an applicable building code of the State of South Carolina or any of its political subdivisions as determined by a court of law.

(B)     Disciplinary action may be taken against an entity or individual who the board determines to be responsible for violations of this chapter regardless of changes in corporate identity or federal employer identification subsequent to the violation. In determining responsibility, the board may consider, but is not limited to, an individual's:

(1)     participation in management or supervision related to the violation;

(2)     position as sole proprietor, partner, officer, or qualifying party.

(C)     The board may, in addition to all other disciplinary actions, require a licensee, certificate holder, or other entity or individual to pay a civil penalty of up to five thousand dollars for each violation of this chapter or of a regulation promulgated under this chapter and may order an unlicensed contractor to cease and desist from violating a provision of this chapter.

(D)     Upon presentation to the court of common pleas by the department of an affidavit for nonpayment of an administrative penalty under a citation which is a final order pursuant to Section 44-11-100(E) or, a civil penalty assessed by the board pursuant to subsection (C), the court shall issue an order for judgment to be filed in the office of the Clerk of Court.

(E)     A license or certificate that is canceled by the department or revoked by the board must be returned to the department within fifteen days of notification by the department.

(F)     No sooner than one year after revocation of a license or certificate by the board, the entity or individual who held that license or certificate may apply for another. The applicant must meet all requirements for initial licensure or certification and must appear before the board to present evidence that his practice will not unreasonably endanger the public.

(G)     If a license is canceled by the department, the licensee must apply for initial licensure.

(H)     Work in progress may be completed by the licensee if the licensee's license is revoked or suspended; however,

(1)     no new work may be bid or started after revocation or suspension of a license upon proper notification by the department.

(2)     unless otherwise directed by the board, the revocation, suspension, or restriction of a license or certificate does not become effective until the tenth day following the delivery to the licensee or qualifying party of a written decision of the board. Service of a petition for a review of the decision does not stay the board's decision pending completion of the appellate process in accordance with the Administrative Procedures Act.

(I)     Where a licensee's business is dissolved, for whatever reason, that license must be canceled by the department.

(J)     The board may revoke, suspend, or restrict an individual license classification or subclassification without effect to other license classifications or subclassifications.

Section 40-11-120.     In addition to the sanctions the board may impose against a person pursuant to this chapter, the board may take disciplinary action against a person as provided for in Section 40-1-120.

Section 40-11-130     (A)     The department may refuse to issue a license or certificate to an applicant who:

(1)     has failed to meet the minimum qualifications required by this chapter or regulations promulgated under this chapter;

(2)     has had a license or certificate denied, suspended, revoked, or otherwise disciplined;

(3)     has engaged in contracting without a valid license as required under this chapter;

(4)     has submitted a bid without a valid license when one is required by law;

(5)     has committed an act which would be grounds for disciplinary action under this chapter;

(6)     has submitted false or misleading information;

(7)     has engaged in conduct which demonstrates bad faith, dishonesty, untrustworthiness or incompetence in business or the profession;

(8)     has aided or abetted an entity in the violation of a provision of this chapter or a regulation promulgated under this chapter;

(9)     has been convicted in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or conspiracy to defraud or other like offense, has been convicted of a felony or a crime involving moral turpitude, or pled nolo contendere to any such offense;

(10)     has an outstanding monetary judgment related to construction.

(B)     A license or certificate may be denied to an applicant:

(1)     for a minimum of one year after the date of revocation of a similar professional license or certificate issued by this State or any other state or jurisdiction;

(2)     who is presently under suspension by a professional licensing entity in this or any other state or jurisdiction;

(3)     who has unresolved complaints or charges pending against him before this or any other professional licensing board in this or any other state.

Section 40-11-140.     A license may be denied based on a person's prior criminal record only as provided in Section 40-1-150.

Section 40-11-150.     A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter voluntarily may surrender the license in accordance with Section 40-1-150.

Section 40-11-160.     A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.

Section 40-11-170.     A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.

Section 40-11-180.     All costs, fees, and fines provided in this chapter, except examination fees, must be paid to and collected by the department in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.

Section 40-11-190.     Investigations and proceedings conducted under this chapter are confidential and all communications are privileged as provided in Section 40-1-190.

Section 40-11-200.     (A)     A person who practices or offers to practice in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than five thousand dollars.

(B)     It is a violation of this chapter for an awarding authority, owner, contractor, or an agent of an authority, owner, or contractor to consider a bid, sign a contract, or allow a contractor to begin work unless the bidder or contractor has first obtained the licenses required by this chapter. Bids or contracts submitted by contractors may not be reconsidered or resubmitted to an awarding authority, contractor, or owner if the contractor was not properly licensed at the time the initial bid or contract was submitted.

(C)     Charges under this section may be preferred by the board by delivering evidence of a violation to a solicitor or a magistrate having jurisdiction.

(D)     Upon conviction under this section, the fines and assessments imposed by a court must be administered pursuant to Sections 14-1-205, 14-1-206, 14-1-207, 14-1-208, and 14-1-209.

Section 40-11-210.     The department, on behalf of the board and in accordance with Section 40-1-120, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.

Section 40-11- 230     (A)     To qualify for certification as a qualifying party, an applicant must:

(1)     submit a completed application on a form approved by the board and pay all applicable examination fees to the examination provider;

(2)     submit proof of having attained grade of seventy percent or better on a technical examination where required for each classification or subclassification of licensure applied for; and

(3)     attain a grade of seventy percent on an examination on South Carolina law regulating general and mechanical contracting.

An individual only may take an examination in a license classification or subclassification two times in a twelve-month period and thereafter only once in six months.

An individual may take an examination and be issued a certificate in any license classification or subclassification regardless of their current place of employment.

Upon fulfillment of all requirements of this subsection, the department shall issue a qualifying party certificate which shall include the individual's full name, certificate number, and classifications or subclassification for which the individual is certified.

An applicant who has not been certified as a qualifying party for four or more consecutive years must take and pass the technical or Code of Laws examination, or both, as required by the board.

An individual only may serve as qualifying party for one licensee with the exception as provided in subsection (C).

(B)     To become designated by an entity as a primary qualifying party, an individual must:

(1)     hold a valid certificate issued pursuant to this chapter;

(2)     submit an affidavit verifying employment from former or current employers for whom the applicant was employed full-time for at least two years within the previous five years in the license classification or subclassification for which application is made or additional proof of employment experience as approved by the board;

(3)     submit proof of full-time employment in a responsible management position by the entity for whom the applicant will be the primary qualifying party.

A primary qualifying party may not take other employment that would conflict with the duties as primary qualifying party or diminish the ability to adequately supervise work performed by the licensee.

An individual desiring to be certified and serve as a primary qualifying party for a license group one, two, or three general contractor licensed pursuant to Section 40-11-410(A) must pass either the limited building contractor examination or the unlimited general contractor examination. An individual may be certified as, and may serve as, a primary qualifying party for a license group one, two, or three general contractor in the building classification for residential construction only without passing either the limited building contractor examination or the unlimited general contractor examination if he has had a fifty-one percent or greater ownership as of June 4, 1998, in a company licensed as a general contractor for not less than four years prior to seeking certification. Structures built by licensees for which the primary qualifying party has taken and passed the limited building contractor examination are restricted to three stories in height.

An individual desiring to be certified and serve as a primary qualifying party for a license group four or five general contractor licensed pursuant to Section 40-11-410(A) must pass the unlimited general contractor examination.

When a primary qualifying party ceases to serve as the primary qualifying party for a licensee, the licensee and the primary qualifying party shall notify the department in writing within fifteen days of the disassociation. If the licensee notifies the department within the prescribed time, the license remains in good standing for ninety days from the date the department receives notice of the disassociation. Failure to notify the department within fifteen days of a primary qualifying party's disassociation results in automatic license and certificate cancellation.

If, after properly notifying the department of disassociation, the licensee fails to designate a replacement primary qualifying party pursuant to the requirements of this chapter within ninety days, the department shall suspend the licensee's license until a primary qualifying party is designated pursuant to the requirements of this chapter.

(C)     If a qualifying party desires to serve as primary qualifying party for two entities, both entities must engage in business from the same physical location. The qualifying party must:

(1)     be involved in the operation of both entities on a daily basis;

(2)     derive a livelihood from the operation of both entities;

(3)     have ownership in both entities with at least fifty percent ownership in one of the entities.

(D)     Building officials or other individuals who have or are able to meet the requirements of a qualifying party and are employed by an unlicensed entity that is actively associated with the construction industry may retain qualifying party status.

Section 40-11-240.     (A)     To qualify for licensure, an entity must:

(1)     be organized or registered under applicable South Carolina law as a sole proprietorship, partnership, limited liability partnership, limited liability company, or a domestic or foreign corporation;

(2)     have a certified qualifying party in full-time employment in a responsible management position; and

(3)     meet all requirements for licensure as provided in this chapter.

(B)     To qualify for a license, an entity must submit:

(1)     a completed application on a form approved by the board;

(2)     all required fees;

(3)     a detailed statement of current financial condition as required by this chapter;

(4)     reference from a bank or other financial institution on a form as prescribed by the department;

(5)     the name and certificate number of the primary qualifying party for each classification or subclassification for which a license is desired;

(6)     proof that the entity's primary qualifying party in each classification or subclassification is an employee in a responsible management position; and

(7)     all documentation required by the department pursuant to the requirements of this chapter.

(C)     A licensee may list additional qualifying parties.

(D)     A change of an entity's name, organizational status, or federal employer identification number must be reported to the department within fifteen days. Failure to do so results in license cancellation fifteen days from the date of change and requires the new entity to submit an initial application and meet all requirements for licensure.

Section 40-11-250.     (A)     All licenses may be renewed biennially. A licensee shall apply to the department for license renewal by the expiration date on a form approved by the board. Renewal applications not postmarked by the expiration date result in a lapsed license. An entity which fails to renew and which continues to engage in construction is practicing without a license and subject to the penalties prescribed in this chapter.

(B)     A license which has lapsed may be renewed within ninety days from date of expiration by filing a renewal application and upon payment of renewal and late fees. An entity whose license is lapsed for failure to renew must submit an application and meet all qualifications for initial licensure to engage in construction.

Section 40-11-260.     (A)     An applicant for a general contractor's license or a general contractor's license renewal who performs or offers to perform contracting work for which the total cost of construction is greater than $5,000, and an applicant for license group revisions must provide an acceptable financial statement with a balance sheet date no more than twelve months before the date of the relevant application showing a minimum net worth for each license group as follows:

(1)     Group One

(a)     bids and jobs not to exceed $30,000 per job;

(b)     required net worth of $6,000;

(c)     on initial application, an owner-prepared financial statement with an affidavit of accuracy;

(d)     on renewal, an owner-prepared financial statement with an affidavit of accuracy;

(2)     Group Two

(a)     bids and jobs not to exceed $100,000 per job;

(b)     required net worth of $20,000;

(c)     on initial application, an owner-prepared financial statement with an affidavit of accuracy;

(d)     on renewal, an owner-prepared financial statement with an affidavit of accuracy;

(3)     Group Three

(a)     bids and jobs not to exceed $350,000 per job;

(b)     required net worth of $70,000;

(c)     on initial application, a financial statement compiled by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP;

(d)     on renewal, a financial statement compiled by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP;

(4)     Group Four

(a)     bids and jobs not to exceed $750,000 per job;

(b)     required net worth of $150,000;

(c)     on initial application, a financial statement compiled by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP;

(d)     on renewal, a financial statement compiled by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP;

(5)     Group Five

(a)     bids and jobs unlimited;

(b)     required net worth of $250,000;

(c)     on initial application, a financial statement audited by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP;

(d)     on renewal, a financial statement reviewed by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP;

(B)     An applicant for a mechanical contractor's license or a mechanical contractor's license renewal who performs or offers to perform contracting work for which the total cost of construction is greater than five thousand dollars and an applicant for license group revisions must provide an acceptable financial statement with a balance sheet date no more than twelve months before the date of the relevant application showing a minimum net worth for each license group as follows:

(1)     Group One

(a)     bids and jobs not to exceed $17,500 per job;

(b)     required net worth of $3,500;

(c)     on initial application, an owner-prepared financial statement with an affidavit of accuracy;

(d)     on renewal, an owner-prepared financial statement with an affidavit of accuracy;

(2)     Group Two

(a)     bids and jobs not to exceed $30,000 per job;

(b)     required net worth of $6,000;

(c)     on initial application, an owner-prepared financial statement with an affidavit of accuracy;

(d)     on renewal, an owner-prepared financial statement with an affidavit of accuracy;

(3)     Group Three

(a)     bids and jobs not to exceed $50,000 per job;

(b)     required net worth of $10,000;

(c)     on initial application, a financial statement compiled by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP;

(d)     on renewal, a financial statement compiled by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP;

(4)     Group Four

(a)     bids and jobs not to exceed $125,000 per job;

(b)     required net worth of $25,000;

(c)     on initial application, a financial statement compiled by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP;

(d)     on renewal, a financial statement compiled by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP;

(5)     Group Five

(a)     bids and jobs unlimited;

(b)     required net worth of $100,000;

(c)     on initial application, a financial statement audited by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP;

(d)     on renewal, a financial statement reviewed by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP;

(C)     In reviewing an entity's balance sheet to determine the net worth of the applicant or licensee, the board may consider:

(1)     deviations from the standard accountant's report;

(2)     notes to the financial statement;

(3)     additional financial information submitted by the applicant or licensee for renewals;

(4)     personal financial statements of an entity's principals for an entity with less than two year's operating experience.

(D)     If a licensee desires to change to a higher license group as established in this section, the licensee must meet the financial statement and net worth requirements in the higher license group number as required in initial application.

(E)     If the board has reasonable cause to believe that an entity has not maintained the minimum net worth for its group, the board may order the entity to submit additional financial information, and if appropriate may modify the entity's license to reflect the appropriate limitation group.

(F)     Contractors licensed before April 1, 1999, must be licensed in the new group closest to their existing limitations until their license renewal date, at which time they must meet the financial requirements for license renewal set forth in this section.

Section 40-11-270.     (A)     A licensee is confined to the limitations of the licensee's license group and license classifications or subclassifications as provided in this chapter.

(B)     An entity may apply for and be licensed in more than one classification or subclassification if all qualifications for licensure prescribed by this chapter have been met. An applicant may apply for a license in more than one classification or subclassification on the same application form.

(C)     Licensees may utilize the services of unlicensed subcontractors to perform work within the limitations of the licensee's license group and license classification or subclassification; provided, the licensee provides supervision. The licensee is fully responsible for any violations of this chapter resulting from the actions of unlicensed subcontractors performing work for the licensee.

Section 40-11-280.     A licensee desiring a change in license classification or subclassification or license group shall apply for revision on a form approved by the board. Existing bidding limitations remain in effect until the revision has been approved by the department. The board may assess a penalty authorized by law against a licensee who undertakes or offers to undertake an improvement exceeding the limitations of the licensee's group.

Section 40-11-290.     The board may grant a license or certificate to an applicant holding a license or certificate in good standing in another state whose requirements for licensure and certification are equal to or greater than those required by this chapter if the board has authorized an exam waiver agreement with the state. An applicant may exempt the technical examination required for certification if the applicant can verify passing an examination in another state which is essentially the same as the examination required by the department regardless of the absence of a reciprocal agreement with that state. An applicant for certification or licensure under this section may be required to pass the South Carolina Code of Laws examination and must comply with all other licensing and certification requirements of this chapter.

Section 40-11-300.     (A)     It is unlawful for an owner, a construction manager, a prime contractor, or another entity with contracting or hiring authority on a construction project to divide work into portions so as to avoid the financial or other requirements of this chapter as it relates to license classifications or subclassifications or license groups, or both. The total cost of construction must be used to determine the appropriate license group for a project.

(B)     An entity or individual engaging in general or mechanical construction on a project without the required license or certificate must immediately withdraw from the construction project and may not act as a subcontractor on that construction project.

Section 40-11-310.     No entity or employee of an entity who has the responsibility to regulate, inspect, approve, or certify construction shall engage in the construction of a project that is subject to regulation or ownership by that entity. This section does not apply to a member of the board when performing construction subject to this chapter or to contractors who are also performing construction management services for an owner.

Section 40-11-320.     (A) A construction manager shall hold a South Carolina license in one or more of the following professional classifications:

(1)     the general or mechanical contractor license classification and license group that would otherwise be applicable to a sole prime contractor working on the construction project;

(2)     a registered engineer pursuant to Chapter 21 who meets the financial requirements set forth in Section 40-11-260 that would otherwise apply to a sole prime contractor working on the construction project. The proper financial statement must be submitted at any time when requested by the board. Failure to submit a proper financial statement is considered a violation of this chapter.

(3)     An architect pursuant to Chapter 3 who meets the financial requirements set forth in Section 40-11-260 that would otherwise apply to a sole prime contractor working on the construction project. The proper financial statement must be submitted at any time when requested by the board. Failure to submit a proper financial statement is considered a violation of this chapter.

(B)     An architect or engineer licensed in South Carolina who is monitoring the execution of design plans or who is performing as an on-site representative for construction quality control or quality assurance, or both, for a project owner is not a construction manager for the purposes of this section.

(C)     An entity acting as a construction manager shall file a letter with the department designating one license being used to qualify for the practice of construction management pursuant to the requirements of this chapter. Complaints filed against construction managers who have qualified themselves as architects or engineers must be referred by the department to the appropriate board having jurisdiction over them. Those boards may impose disciplinary action and civil penalties as set forth in this chapter, or as otherwise provided by law. All other complaints filed against construction managers with a general contractor's license designation must be heard by the board and disciplinary action must be brought pursuant to this chapter. An entity's authority to practice as a construction manager may be revoked or suspended without other effect to the license held by that entity.

(D)     The authority to assume the role of construction manager is granted to an entity holding a general or mechanical contractor's license or an architect's license or engineer's registration pursuant to the laws of this State. This authority does not permit architects and engineers to assume the role of general or mechanical contractors as defined in Section 40-11-20 unless properly licensed pursuant to this chapter. Construction managers may not self-perform design work unless properly licensed as an architect or professional engineer. Entities self-performing construction or holding construction contracts in their own name must be treated as general contractors or mechanical contractors, as appropriate, rather than construction managers for the purposes of this chapter, and must be licensed pursuant to the requirements of this chapter to perform that work. Construction managers may hire or terminate the various design professionals and prime contractors with the direction and approval of an owner.

Section 40-11-330.     Two or more licensed contractors may combine bids and submit a 'Joint Venture Bid' if the contract does not exceed the highest license group limitations of the members in the joint venture. An unlicensed contractor may not be a party to a joint venture.

Section 40-11-340.     An entity licensed under the classifications or subclassifications in Sections 40-11-410(A), (B), or (C) may act as a sole prime contractor on a project if forty percent or more of the work as measured by the total cost of construction falls under one or more of the licensee's license classifications or subclassifications. An entity licensed under the classifications or subclassifications in Section 40-11-410(D) and (E) may act as sole prime contractor if fifty-one percent or more of the work falls under one or more of the licensee's license classifications or subclassifications.

Section 40-11-350.     A building official, or other authority charged with issuing building or other similar permits, of a county, incorporated municipality, or subdivision of a county or incorporated municipality, shall refuse to issue a permit for an undertaking which would classify the applicant as a contractor under this chapter unless the applicant has furnished evidence that the applicant is either licensed as required by this chapter or exempt from the requirements of this chapter. A building official, or other authority charged with issuing building or other similar permits, shall report to the department the name and address of an entity believed to have violated this chapter by bidding or contracting for work which is regulated under this chapter.

Section 40-11-360.     (A)     This chapter does not apply to:

(1)     an entity which installs fire sprinkler systems if the entity is licensed under Section 23-45-10, et seq., or burglar and fire alarm systems if the entity is licensed under Section 40-79-10, et seq.;

(2)     The installation of finished products, materials, or articles of merchandise that are not fabricated into and do not become a permanent fixed part of the structure. Work requiring licensure must be installed by a licensed contractor;

(3)     Construction, alteration, improvement, or repair carried on within the limits of a site the title to which is in the United States or with respect to which federal law supersedes this chapter;

(4)     Contractors performing construction work for the South Carolina Department of Transportation pursuant to that department's prequalification requirements with the exception of public/private partnerships performing work pursuant to Section 57-3-200;

(5)     An owner of residential property who improves the property or who builds or improves structures or appurtenances on the property and who does the work himself, with the owner's own employees or with licensed contractors if the structure, group of structures, or appurtenances, including the improvements, are intended for the owner's sole occupancy by the owner's family and are not intended for sale or for rent and if the general public does not have access to the structure. In an action brought under this chapter, proof of the sale or rent of the offering for sale or rent of the structure by the owner-builder within two years after completion or issuance of a certificate of occupancy is prima facie evidence that the project was undertaken for the purpose of sale or rent and is subject to the penalties provided in this chapter. As used in this paragraph 'sale' or 'rent' includes an arrangement by which an owner receives compensation in money, provisions, chattel, or labor from the occupancy of the transfer of the property or the structures on the property;

(6)     An owner of nonowner-occupied property who improves the property or who builds or improves structures of less than five thousand square feet or other appurtenances on the property, either by himself or with the owner's employees, if all structural and mechanical work is performed by licensed contractors regardless of the cost of construction and if the property is not sold for two years after completion of the improvements. For purposes of this section, 'structural' means foundation, pier, load-bearing partition, perimeter wall, internal wall exceeding ten feet in height, roof, floor and any other work deemed by the board to be structural. 'Mechanical' means work described in Section 40-11-410(E);

(7)     An owner constructing a wood-framed farm structure with less than five thousand square feet of floor space and not used for human habitation or office facilities;

(8)     Public owners self-performing all or a portion of any work on a project as long as the work performed falls within the limitations of a License Group 2 General Contractor or a License Group 3 Mechanical Contractor, so long as the public owner employs a certified qualifying party in the appropriate classification.

(B)     The board shall distribute posters to each building permit office in the State requesting that the posters be placed in a conspicuous location to be read by applicants. The posters shall state the following:

'The South Carolina Contractors Licensing Act requires general and mechanical construction to be performed by licensed contractors. Both the owner and the contractor are subject to penalties for violations of the law. Work performed on projects is exempt from this requirement only for the following reasons:

(1)     The total cost of construction is less than $5,000, or;

(2)     The property will be used solely by the owner and his immediate family as a residence for a period of at least two years, or;

(3)     For nonresidential projects, work performed by the owner is limited to nonstructural and nonmechanical portions of the project, or;

(4)     The project is a wood-framed farm building less than five thousand square feet used solely for livestock or storage.

All other work must be performed by properly licensed contractors. All persons directly employed by the owner to perform work on the project are subject to state and federal laws covering occupational safety, family and medical leave, workers' compensation, social security, income tax withholding, and minimum wage requirements. Work performed must comply with all applicable laws, ordinances, building codes, and zoning regulations.'

Section 40-11-370.     (A)     It is unlawful to use the term 'licensed contractor' or to perform or offer to perform general or mechanical construction without first obtaining a license as required by this chapter.

(B)     It is unlawful to engage in construction under a name other than the name which appears on the license issued pursuant to this chapter.

(C)     An entity which does not have a valid license as required by this chapter may not bring an action either at law or in equity to enforce the provisions of a contract.

Section 40-11-380.     A licensee who, voluntarily or involuntarily, is subjected to any provision of the laws of bankruptcy shall notify the board within fifteen days and provide any and all information pertinent to the bankruptcy that the board may require.

Section 40-11-390.     An entity which as of April 1, 1999, is engaging in general or mechanical construction without a license but in compliance with prior law, and which has been doing so for two years shall receive a Group 1 license upon application and demonstration of financial status.

Section 40-11-400.     The department shall issue qualifying party certificates to an individual serving as a qualifying party. The department shall transfer qualifying party certification under the license classifications or subclassifications in effect as of March 31, 1999, to the license classifications or subclassifications created by this chapter so that no qualifying party shall have to meet additional requirements to continue certification under a particular license classification or subclassification. A certification transferred pursuant to this section remains in effect until it is canceled, revoked, or expired. This section does not allow a qualifying party to qualify for certification in a license classification or subclassification based on ancillary work included under the building license classification or subclassification. Qualifying party certification may be transferred only for those activities which are specifically included in both.

Section 40-11-410.     The following license classifications are in effect:

(1)     General Contractors - Building which includes commercial, industrial, institutional, modular, and all other types of building construction, including residential structures. This license classification includes all work under the subclassifications of Wood Frame Structures - Class II, Interior Renovation, Masonry, Pre-engineered Metal Buildings, General Roofing, and Structural Shapes.

Licensees under this classification may perform ancillary work, including grading, associated with the building or structure which the licensee has been engaged to construct. However, if a project includes work performed under a Mechanical Contractor subclassification or any of these license subclassifications, the licensee must have a license for this work or use a contractor licensed in the appropriate license classification or subclassification to perform the work: Swimming Pools, Bridges, Boring and Tunneling, Water and Sewer Lines, Pipe Lines, Railroad Lines, Specialty Roofing, Marine, Water and Sewer Plants, and Asphalt Paving.

(2)     General Contractors - Highway which includes work under these subclassifications:

(a)     'Bridges' which include bridge construction and repairs, railroad trestles and overpasses, and work under the subclassifications of Boring and Tunneling, Concrete, Marine, and Railroad Lines.

(b)     'Concrete Paving' which includes the construction, rehabilitation and repair of concrete streets, roads, highways, driveways, parking lots, airport runways and aprons, and concrete work incidental thereto including, but not limited to, sidewalks, curbs, medians, and barrier walls. This subclassification also includes work under the subclassification of Grading.

(c)     'Asphalt Paving' which includes asphalt paving, repairs and rehabilitation of streets, roads, highways, parking lots, airport runways and aprons, concrete including, but not limited to, curbs, gutters, and concrete or asphalt paving of storm sewers, and includes paving with sealers, geotextile fabrics, slurry seals, and surface treatments incidental thereto. This subclassification also includes work under the subclassification of Grading.

(d)     'Grading' which includes the soil preparation and rehabilitation of streets, roads, highways, railroad beds, building sites, parking lots, and storm sewers. This subclassification also includes work under the subclassification of Highway Incidental.

(e)     'Highway Incidental' which includes highway work for grooving, milling, rehabilitating, and installing guardrails, gutters, highway signs, pavement marking, and painting.

(3)     General Contractors - Public Utility which includes work under these subclassifications:

(a)     'Pipe Lines' which includes the construction, installation, alteration, maintenance, and repair of systems for the transmission or distribution of petroleum fuels, petroleum distillates, natural gas, chemicals, and slurries through pipeline from one station to another including all excavating, trenching, backfilling and installation of booster stations and equipment and installation and replacement of tanks connected to the system. This subclassification does not include the piping and tanks for the dispensing of any petroleum product at retail.

(b)     'Water and Sewer Plants' which includes all classifications and subclassifications necessary for the construction of water treatment and wastewater treatment facilities. However, if a project includes work to be performed under any of these license subclassifications, the licensee must either have a license to perform this work or use a contractor licensed in the appropriate license classification or subclassification to perform the work: Bridges, Railroad Lines, Specialty Roofing, and Mechanical work.

(c)     'Water and Sewer Lines' which includes construction work on water mains, water service lines, water storage tanks, sewer mains, sewer lines, lift stations, pumping stations and appurtenances to water storage tanks, lift stations, pumping stations, pavement patching, backfill, and erosion control as a part of construction; connection at the building of all lines to the appropriate lines contained in commercial structures, installation and repair of a project involving manholes, the laying of pipe for storm drains and sewer mains, all necessary connections, and excavation and backfilling, and concrete work incidental thereto.

Contractors in this license subclassification in license groups three, four, and five may install fire protection sprinkler system underground mains to a flanged outlet 1'-0" above the finished floor in compliance with National Fire Protection Association Standard 24. However, shop drawings must be submitted and approved by the State Fire Marshal with a copy of the approved drawings going to the licensed fire sprinkler contractor. Flushing and testing certificates must be delivered to the authority having jurisdiction and the licensed fire sprinkler contractor performing. General contractors in this license subclassification may not engage in water and sewer line work from the right-of-way to a residential structure unless the entity is a subcontractor to a licensee holding a plumbing subclassification.

(4)     General Contractors - Specialty which includes work under these subclassifications:

(a)     'Boring and Tunneling' which includes the construction of underground or underwater passageways with diameters in excess of ninety-six inches or lengths in excess of three hundred and fifty feet by digging or boring through and under the earth's surface, including the bracing and compacting of passageways to make them safe for the purpose intended. This subclassification includes the preparation of ground surfaces at points of ingress and egress. Underground structures less than ninety-six inches in diameter or less than three hundred and fifty feet in length are considered normal excavation.

(b)     'Concrete' which includes all work in connection with concrete forming and placing; assembling of forms, molds, slipforms and pans; and centering, trenching, excavating, backfill, and grading in connection with concrete construction; construction of sidewalks, driveways, curbs, medians, and barrier walls; installing of embedded items essential to or comprising an integral part of concrete or concrete construction including reinforcing elements and accessories but not limited to, concrete chimneys, floors, piers, and foundations when using concrete rebar and other materials common to the concrete industry. This subclassification does not include the General Contractor - Highway - Bridge license subclassification or the construction of streets, roads, parking lots, and highways.

(c)     'Interior Renovation' which includes installing, remodeling, renovations, and finishes of acoustical ceiling systems and panels, load-bearing and nonload-bearing drywall partitions, lathing and plastering, flooring (excluding carpet), and finishing, interior recreational surfaces, window and door installation, and installation of fixtures, cabinets, and millwork; also included is fireproofing, glass, glazing, insulation, lining, painting, partitions, sandblasting, interior wall covering, and waterproofing. This subclassification does not include alterations to load-bearing portions of a structure.

(d)     'Marine' which includes all water activities to construct seawalls, bulkheads, docks, piers, wharves, and other water structures including, but not limited to, pile driving, boat slips, and boardwalks. This license subclassification does not include structures within the scope of the General Contractor - Building classification.

(e)     'Masonry' which includes the installation, with or without the use of mortar or adhesives, of brick, concrete block, gypsum partition tile, pumice block, fire clay products, rough cut and dressed stone, marble panels or slate units, structural glazed tile or block, glass brick or block, solar screen tile or block, or other units and products common to the masonry industry.

(f)     'Pre-engineered Metal Buildings' which includes the construction of pre-engineered metal buildings not exceeding forty feet in width with no single structural span exceeding forty feet in length, and consisting of no more than a concrete floor slab, metal frame, metal roof, metal side walls, and building insulation.

(g)     'Railroad Lines' which includes the installation and repair of railroad lines, including setting ties, tie plates, rails, rail connectors, frogs, switch plates, switches, and signal markers. This subclassification does not include grading, trestles, or overpasses.

(h)     'General Roofing' which includes the installation and repair of roofs and roof decking on commercial, industrial, and institutional structures requiring materials that form a water-tight and weather-resistant surface. This license subclassification is limited to shingles, clay and concrete tile, slate, wood-shake roofing, metal roofing, and asphalt-rolled roofing.

(i)     'Specialty Roofing' which includes the installation and repair of roofs and roof decking on commercial, industrial, and institutional structures requiring materials that form a water-tight and weather-resistant surface. This license subclassification includes all work under the General Roofing license subclassification and other types of roofing not specifically included in the general roofing license subclassification.

(j)     'Structural Framing' which includes the installation, repair, or alteration of metal or composite structural members for buildings or structures, including riveting, welding, and rigging. This subclassification also includes work under the subclassification of Structural Shapes.

(k)     'Structural Shapes' which includes the installation, repair, or alteration of metal or composite shapes, tubing, pipes and bars, including minor field fabrication as may be necessary.

(l)     'Swimming Pools' which includes the construction, service, and repair of all commercial and institutional swimming pools and spas, including concrete, gunite, plastic, vinyl-lined, and fiberglass pools and spas; pool decks, walkways, tiling, and coping; the installation of all equipment, including pumps, filters, and chemical feeders, water and gas service lines from the point of service to the pool equipment, wiring from the pool equipment to the first readily accessible disconnect, pool piping, fittings, backflow prevention devices, waste lines, and other integral parts of a swimming pool or spa.

(m)     'Wood Frame Structures' which include framing, roofing, siding, or flooring for wood-framed structures in excess of 5,000 feet used for housing livestock, storage, or processing, when such structures are not used for habitation or office facilities.

(n)     'Public electrical utility' which includes the installation, replacement, alteration, and repair of transmission lines on or off public rights-of-way, including erection of poles, guying systems, tower line erection, street lighting, and outside lighting of all voltages and all underground systems, including ducts for signal communication and similar installations, transformers, circuit breakers, capacitors, primary metering devices, and other related equipment not used in connection with this subclassification. A contract that contains electrical work above fifty volts must be performed by a licensed public utility-electrical or mechanical-electrical contractor. This subclassification does not cover athletic field lighting, stadium lighting, or lighting which is not on public easements or rights-of-way.

(5)     Mechanical Contractors which includes work under these subclassifications:

(a)     'Air Conditioning' which includes the installation, replacement, alteration, and repair of air conditioning equipment and systems which consist of a number of components necessary to produce conditioned air for environmental heating or cooling, or both, within buildings. Hot water or steam heating systems or components are not included under this classification.

(b)     'Heating' which includes installation, replacement, alteration, and repair of heating equipment and systems in buildings which require the use of high or low pressure steam vapor or hot water including all piping, ducts, and mechanical equipment within, adjacent to, or connected with a building and the installation of necessary gas lines if any of this equipment is gas-fired.

(c)     'Packaged Equipment' (air conditioning-heating packaged equipment limited to twenty-five tons cooling and five hundred thousand BTU/HR heating per unit) which includes the installation, replacement, alteration, or repair of air conditioning equipment and systems which consist of a number of components necessary to produce conditioned air for environmental heating or cooling, or both, within buildings, including types of heating systems and any size package equipment; and the installation, alteration, and repair of ventilation systems, including duct work, air filtering devices, water treatment devices, pneumatic or electrical controls, or control piping; thermal and acoustical insulation, vibration isolation materials and devices, liquid fuel piping and tanks, water and gas piping from service and heating circuits and air handling systems, including gas-fired furnaces and space heaters; and factory-assembled single package units and split type direct expansion equipment, including heat pumps. This subclassification does not include installing, replacing, altering, or repairing hot water or steam heating systems or components.

(d)     'Electrical' which includes the installation, alteration, or repair of wiring-related electrical material and equipment used in the generating, transmitting, or utilization of electrical energy less than six hundred volts, including all overhead electrical wiring on public rights-of-way for signs and street decorations and all underground electrical distribution systems of less than six hundred volts serving private properties. This subclassification also includes, but is not limited to installing, altering, and repairing, panels, controls, conductors, conduits, cables, devices, plates, electric ceilings, control wiring; and electric heating, lighting fixtures, lamps, general outside lighting, underground and overhead feeder distribution systems for services, and related components or work necessary to provide a complete electrical system and installing window or through-the-wall air conditioning units not to exceed three HP or three tons where no piping is necessary. Under this subclassification general outside lighting solely is limited to within property lines and not on public easements or rights-of-way. A contract that contains electrical work above fifty volts must be performed by a contractor licensed under this subclassification or a licensed public electrical utility contractor. This license subclassification includes installing, altering, and repairing all lighting on private property, athletic fields, stadiums, parking lots, and the design, installation, and servicing of fire alarm systems.

(e)     'Lightning Protection Systems' which includes installation, replacement, alteration, or repair of necessary lightning protection conduction, cables, rods, points, anchors, fastening devices, labels, ground clamps, braces, and all related component parts necessary for a complete lightning protection system.

(f)     'Plumbing' which includes the installation, replacement, alteration, and repair of all plumbing including solar water heating when performed solely within property lines and not on public easements or rights-of-way except to make connections to water meters or sewer taps as allowed by the utility owner; and the installation, alteration, and repair of all piping, fixtures, and appliances related to water supply, including pressure vessels and tanks, and excluding municipal or related water supply systems; venting and sanitary drainage systems for all fluid and semi-fluid and organic wastes; roof leaders; water-conditioning equipment; piping and equipment for swimming pools; installation of a system of pipes, fittings, fixtures, drains, and all necessary component parts upon the premises or in a building to supply water to buildings and to convey sewage or other waste products from buildings. If this equipment is gas-fired, the necessary gas lines may be installed under this subclassification used in connection with this subclassification. Plumbing contractors in license groups three, four, and five are not required to be licensed under Chapter 45, Title 23, to install standpipe systems, including water hose connections, water hose cabinets, and related branch lines if the water hoses do not supply water to automatic fire protection sprinklers.

(g)     'Pressure and Process Piping' which includes the installation, maintenance, repair, alteration, or extension of a system of piping, tubing, vessels, containers, pumps, apparatus, and appurtenances in connection with pressure piping used for circulation, transporting, holding, or processing of gas, vapor, fluid, liquid, semi-liquid, or any combination of these. However, boilers, boiler piping, piping used to convey potable water, sanitary sewage, liquefied petroleum, manufactured or natural gas or refrigeration, air conditioning and comfort heating piping may not be included in this subclassification.

(h)     'Refrigeration' which includes the installation, replacement, alteration, and repair of refrigeration equipment and systems used for processing, storage, and display of food products and other perishable commodities and commercial, industrial, and manufacturing processes requiring refrigeration, excluding comfort air conditioning. This subclassification also includes work on systems including related equipment for temperature, safety, and capacity controls, thermal insulation, vibration isolation materials and devices, water treatment devices, construction and installation of walk-in refrigeration boxes, liquid fuel piping and tanks, water and gas piping from equipment to service connection, and testing and balancing of refrigeration equipment and systems. An entity licensed under the air conditioning subclassification may also do work under this subclassification.

Section 40-11-420.     (A)     Building permits, when required by law, must be obtained by the sole prime contractor in the name appearing on that entity's contractor's license.

(B)     When there is more than one prime contractor working with a construction manager, the building permit must be obtained by the construction manager in the name appearing on that entity's professional license, and the construction manager must list on the building permit application the names and license numbers of all known licensed contractors performing work on the project. The construction manager must also be identified as such on the permit application by name, license number, and type of license he holds.

(C)     If there is more than one prime contractor and no construction manager or if the owner is performing work pursuant to Section 40-11-360(A)(5),(6), or (7), the owner must obtain the building permit and must list on the building permit application the name and license number of all licensed contractors performing work on the project.

Section 40-11-430.     If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are severable.

SECTION     2.     This act takes effect April 1, 1999./

Amend title to conform.

Rep. BAILEY explained the amendment.

The amendment was then adopted.

Rep. BAILEY proposed the following Amendment No. 2 (Doc Name P:\AMEND\PSD\7464AC.98), which was adopted.

Amend the bill, as and if amended, Section 40-11-410(4)(d), page 401-63, after the / . / on line 3, by inserting /Licensees under this classification may perform ancillary work including fill and grading./

Renumber sections to conform.

Amend totals and title to conform.

Rep. BAILEY explained the amendment.

The amendment was then adopted.

The question then recurred to the passage of the Bill, as amended, on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 98; Nays 0

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Bauer
Beck                   Boan                   Breeland
Brown, H.              Brown, J.              Byrd
Campsen                Canty                  Cato
Cave                   Chellis                Cobb-Hunter
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Felder                 Fleming                Gamble
Gourdine               Govan                  Hamilton
Harrell                Harris                 Haskins
Hawkins                Hines, J.              Hinson
Jennings               Keegan                 Kelley
Kennedy                Kinon                  Kirsh
Klauber                Knotts                 Koon
Leach                  Limehouse              Littlejohn
Lloyd                  Loftis                 Mack
Maddox                 Martin                 Mason
McAbee                 McCraw                 McGee
McKay                  McLeod                 McMahand
McMaster               Meacham                Miller
Moody-Lawrence         Neal                   Neilson
Pinckney               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scott
Seithel                Sharpe                 Sheheen
Simrill                Smith, J.              Smith, R.
Spearman               Stille                 Stuart
Townsend               Vaughn                 Walker
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Wilkins
Woodrum                Young

Total--98

Those who voted in the negative are:

Total--0

So, the Bill, as amended, was read the second time and ordered to third reading.

H. 3605--FREE CONFERENCE POWERS REJECTED

Rep. McKAY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

H. 3605 -- Reps. Sharpe and Harrison: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDIA OF PAYMENT OF TAXES COLLECTED BY COUNTY TREASURERS, SO AS TO PROVIDE FOR THE COLLECTION OF CHECKS TENDERED IN PAYMENT OF COUNTY AND MUNICIPAL TAXES THAT ARE DISHONORED BY THE DRAWEE BANK OR FINANCIAL INSTITUTION OR OTHERWISE RETURNED TO THE TREASURER UNPAID, TO PROVIDE THAT PAYMENT OF CHECKS TENDERED AS PAYMENT FOR COUNTY OR MUNICIPAL TAXES THAT ARE DISHONORED OR RETURNED UNPAID BY THE DRAWEE BANK OR FINANCIAL INSTITUTION MAY BE ENFORCED IN THE MANNER PRESCRIBED BY CHAPTER 11, TITLE 34, SO LONG AS NO PERSON SHALL BE TWICE PUT IN JEOPARDY FOR THE SAME OFFENSE, TO PROVIDE THAT COUNTY OR MUNICIPAL TAXES REMAINING UNPAID AS A RESULT OF THE DISHONOR OR RETURN OF A CHECK BY THE DRAWEE BANK REMAIN A LIEN ON PROPERTY SUBJECT TO THE TAX UNTIL THE TAXES AND ALL PENALTIES, INTEREST AND OTHER CHARGES DUE THEREON ARE PAID IN FULL, AND TO PROVIDE THAT THE REMEDIES PROVIDED BY THIS SECTION ARE CUMULATIVE TO ALL OTHER REMEDIES PROVIDED BY LAW FOR THE COLLECTION OF TAXES.

The yeas and nays were taken resulting as follows:

Yeas 81; Nays 11

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Bauer
Beck                   Brown, G.              Brown, H.
Brown, J.              Byrd                   Campsen
Chellis                Cooper                 Cotty
Cromer                 Dantzler               Delleney
Edge                   Emory                  Felder
Fleming                Gamble                 Hamilton
Harrell                Harris                 Harrison
Haskins                Hines, J.              Hinson
Jennings               Keegan                 Kelley
Kinon                  Klauber                Knotts
Koon                   Leach                  Lee
Limehouse              Littlejohn             Loftis
Martin                 Mason                  McAbee
McCraw                 McGee                  McKay
McLeod                 McMahand               McMaster
Meacham                Miller                 Neilson
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Simrill                Smith, J.              Smith, R.
Spearman               Stille                 Stoddard
Stuart                 Townsend               Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkes                 Wilkins
Woodrum                Young                  Young-Brickell

Total--81

Those who voted in the negative are:

Canty                  Cobb-Hunter            Gourdine
Howard                 Lloyd                  Mack
Moody-Lawrence         Neal                   Pinckney
Scott                  Tripp

Total--11

So, Free Conference Powers were rejected.

S. 847--RECOMMITTED

The following Bill was taken up.

S. 847 -- Senators Passailaigue, Washington and Branton: A BILL TO AMEND SECTION 61-4-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL RETAIL BEER AND WINE PERMITS, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES; AND TO AMEND SECTION 61-6-2010 OF THE 1976 CODE, RELATING TO TEMPORARY PERMITS FOR SUNDAY LIQUOR SALES, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES.

Rep. HARRISON moved to recommit the Bill, which was agreed to.

LEAVE OF ABSENCE

The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day.

S. 866--ORDERED TO THIRD READING

The following Bill was taken up.

S. 866 -- Senators Holland, Reese, Wilson, Mescher, Hayes, McConnell, Leventis and Martin: A BILL TO AMEND SECTION 16-3-1075, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OF CARJACKING, SO AS TO INCREASE THE PENALTIES FOR THE OFFENSE; TO AMEND SECTION 16-1-60, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT CARJACKING IS A VIOLENT CRIME; TO AMEND SECTION 17-25-45, RELATING TO MOST SERIOUS OFFENSES, SO AS TO PROVIDE THAT CARJACKING IS A MOST SERIOUS OFFENSE.

Rep. JENNINGS explained the Bill.

The question then recurred to the passage of the Bill on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 86; Nays 0

Those who voted in the affirmative are:

Allison                Altman                 Barrett
Battle                 Bauer                  Beck
Boan                   Brown, G.              Brown, H.
Brown, J.              Byrd                   Campsen
Cave                   Cooper                 Cotty
Cromer                 Dantzler               Delleney
Easterday              Emory                  Felder
Fleming                Gamble                 Govan
Hamilton               Harris                 Haskins
Hawkins                Hines, J.              Hinson
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Loftis                 Maddox
Martin                 Mason                  McAbee
McCraw                 McGee                  McKay
McLeod                 McMaster               Meacham
Miller                 Moody-Lawrence         Neilson
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Sheheen                Simrill                Smith, J.
Smith, R.              Spearman               Stille
Stuart                 Townsend               Vaughn
Walker                 Webb                   Whatley
Whipper                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--86

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

S. 862--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 862 -- Senator Holland: A BILL TO AMEND SECTION 16-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIME CLASSIFICATION, SO AS TO PROVIDE THAT ALL OFFENSES CLASSIFIED AS EXEMPT WITH MAXIMUM PENALTIES OF IMPRISONMENT OF FIVE YEARS OR MORE ARE FELONIES; TO AMEND SECTION 16-3-26, RELATING TO THE DEATH PENALTY, SO AS TO REQUIRE NOTICE OF A SOLICITOR'S INTENTION TO SEEK THE DEATH PENALTY TO BE IN WRITING; TO AMEND SECTION 16-3-660, RELATING TO DEPOSITION TESTIMONY, SO AS TO ALLOW A JUDGE TO ORDER VIDEO DEPOSITION OF A RAPE VICTIM WHEN THE PERSON IS A WITNESS IN THE TRIAL; TO AMEND SECTION 16-3-1240, RELATING TO THE VICTIM'S COMPENSATION PROGRAM, SO AS TO AUTHORIZE THE DISCLOSURE OF INFORMATION REGARDING A PARTICULAR APPLICANT FOR VICTIM COMPENSATION BY COURT ORDER UPON A SHOWING OF GOOD CAUSE; TO AMEND SECTION 16-11-310, RELATING TO OFFENSES AGAINST PROPERTY, SO AS TO NARROW THE DEFINITION OF "BUILDING"; TO AMEND SECTION 16-11-617, RELATING TO THE OFFENSE OF ENTERING ANOTHER'S PROPERTY FOR THE PURPOSE OF CULTIVATING MARIJUANA, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED WILFULLY; TO AMEND SECTION 16-11-650, RELATING TO THE OFFENSE OF REMOVING A FENCE, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED INTENTIONALLY; TO AMEND SECTION 16-13-60, RELATING TO THE OFFENSE OF STEALING DOGS, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED WITH THE INTENT TO PERMANENTLY DEPRIVE THE OWNER THEREOF; TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO THE CRIME OF DOMESTIC VIOLENCE, SO AS TO DELETE THE TERM "FAMILY VIOLENCE"; TO AMEND SECTION 17-4-20, RELATING TO THE COMMISSION OF APPELLATE DEFENSE, SO AS TO REPLACE THE MEMBERSHIP SEAT ALLOCATED TO THE SOUTH CAROLINA TRIAL LAWYERS ASSOCIATION WITH ONE ALLOCATED TO THE SOUTH CAROLINA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS; TO AMEND SECTION 17-13-141, RELATING TO RECORDS KEPT BY JUDICIAL OFFICERS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE FORMS; TO AMEND SECTION 17-13-160, RELATING TO FORMS OF ARREST AND SEARCH WARRANTS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE FORMS; TO AMEND SECTION 17-15-40, RELATING TO BAIL AND RECOGNIZANCE FORMS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE THE FORMS; TO AMEND SECTION 17-19-80, RELATING TO INDICTMENTS, SO AS TO REQUIRE THAT A PERSON INDICTED OF A CAPITAL OFFENSE BE GIVEN A COPY OF THE INDICTMENT THIRTY DAYS BEFORE TRIAL; TO AMEND SECTION 17-21-80, RELATING TO CHANGE OF VENUE, SO AS TO AUTHORIZE A JUDGE TO CHANGE THE VENUE IN A CRIMINAL CASE TO ANOTHER COUNTY; TO AMEND SECTION 23-3-480, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE THAT A SEX OFFENDER MAY NOT BE PENALIZED FOR FAILING TO REGISTER IF HE WAS CONVICTED OF A SPECIFIC OFFENSE PRIOR TO JULY 1, 1994; TO AMEND SECTION 56-1-1380, RELATING TO A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT A RESIDENT OF THIS STATE WHO IS CONVICTED OF A TRAFFIC OFFENSE IN ANOTHER STATE MAY APPLY FOR A PROVISIONAL LICENSE IF HIS DRIVER'S LICENSE IS SUSPENDED AS A RESULT OF THE CONVICTION; AND TO REPEAL SECTIONS 16-3-410, 16-3-420, 16-3-430, 16-3-440, 16-3-450, 16-3-460, 16-3-720, 16-11-720, 17-13-70, 17-13-100, AND 17-13-110.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GGS\22139CM.98), which was adopted.

Amend the bill, as and if amended, by striking SECTION 21 in its entirety, as contained on Page 862-9 and inserting:

/SECTION     21.     A.     Section 16-3-1510(1), (2), and (3) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"(1)     'Victim' means a person any individual who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a criminal offense, as defined in this section. 'Victim' also includes the person's any individual's spouse, parent, child, or the lawful representative of a victim who is:

(a)     deceased;

(b)     a minor;

(c)     incompetent; or

(d)     physically or psychologically incapacitated.

'Victim' does not include a spouse, parent, child, or lawful representative any individual who is the subject of an investigation for, who is charged with, or who has been convicted of or pled guilty or nolo contendere to the offense in question. 'Victim' also does not include any individual, including a spouse, parent, child, or lawful representative who is acting on behalf of the suspect, juvenile offender, or defendant, unless his actions are required by law. 'Victim' also does not include any individual who was imprisoned or engaged in an illegal act at the time of an offense.

(2)     'Person' means an individual 'Individual' means a human being.

(3)     'Criminal offense' means an offense against the person or an offense against the property of the person when the value of the property destroyed or the cost of the damage is in excess of one thousand dollars, including both common law and statutory offenses. 'Criminal offense' does not include the drawing or uttering of a fraudulent check an offense against the person of an individual when physical or psychological harm occurs, or the property of an individual when the value of the property stolen or destroyed, or the cost of the damage to the property, is in excess of one thousand dollars. This includes both common law and statutory offenses, the offenses contained in Sections 16-25-20, 16-25-30, 16-25-50, 56-5-1210, 56-5-2910, 56-5-2920, 56-5-2930, 56-5-2945, and the common law offense of attempt, punishable pursuant to Section 16-1-80. However, 'criminal offense' specifically excludes the drawing or uttering of a fraudulent check or an offense contained in Title 56 that does not involve personal injury or death.

For purposes of this article, a victim of a misdemeanor or felony under state law must be notified of or provided with the information required by this section. The terms 'crime', 'criminal conduct', 'charge' or any variation of these terms as used in this article means all misdemeanors and felonies under state law except the crimes the General Assembly specifically excludes from the notification provisions contained in this article."

B.     Section 16-3-1525 of the 1976 Code, as added by Act 141 of 1997, is amended to read:

"Section 16-3-1525.     (A)     A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must make a reasonable attempt to notify each victim of the arrest or detention and of the appropriate bond or other pretrial release hearing or procedure.

(B)     A law enforcement agency, before releasing to his parent or guardian a juvenile offender accused of committing an offense involving one or more victims, must make a reasonable effort to inform each victim of the release.

(C)     A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must provide to the jail, prison, or detention or holding facility having physical custody of the defendant, the name, mailing address, and telephone number of each victim. If the person is transferred to another facility, this information immediately must be transmitted to the receiving facility. The names, addresses, and telephone numbers of victims and witnesses contained in the files of a jail, prison, or detention or holding facility are confidential and must not be disclosed directly or indirectly, except as necessary to provide notifications.

(D)     A law enforcement agency, after detaining a juvenile accused of committing an offense involving one or more victims, must provide to the Department of Juvenile Justice the name, address, and telephone number of each victim. The law enforcement officer detaining the juvenile, regardless of where the juvenile is physically detained, retains the responsibility of notifying the victims of the pretrial, bond, and detention hearings, or pretrial releases that are not delegated pursuant to this article.

(E)     After effecting the arrest or Upon detention of a person, other than a juvenile, accused of committing an offense not under the jurisdiction of a summary court, and involving one or more victims, the arresting law enforcement agency the facility having custody must provide, in writing, to the prosecuting agency before a bond or release hearing before a circuit or family court judge the name, address, and telephone number of each victim.

(F)     After the arrest or Upon detention of a person, other than a juvenile, accused of committing an offense involving one or more victims and which is triable in summary court or an offense involving one or more victims for which a preliminary hearing may be held, the arresting law enforcement agency the facility having custody must provide, in writing, to the summary court the name, mailing address, and telephone number of each victim.

(G)     A law enforcement agency must provide any measures necessary to protect the victims and witnesses, including transportation to and from court and physical protection in the courthouse.

(H)     In cases in which a defendant has bond set by a summary court judge:

(1)     the facility having custody of the defendant reasonably must attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article;

(2)     the summary court judge, before proceeding with a bond hearing in a case involving a victim, must ask the representative of the facility having custody of the defendant to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend the proceeding. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and

(3)     the summary court judge must impose bond conditions which are sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on the defendant's behalf.

(I)     In cases in which a defendant has a bond proceeding before a circuit court judge:

(1)     the prosecuting agency reasonably must attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article;

(2)     the circuit court judge, before proceeding with a bond hearing in a case involving a victim, must ask the representative of the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and

(3)     the circuit court judge must impose bond conditions which are sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on the defendant's behalf.

(J)     In cases in which a juvenile has a detention hearing before a family court judge:

(1)     the prosecuting agency must reasonably must attempt to notify each victim of each case for which the juvenile is appearing before the court of his right to attend the detention hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights pertaining to the detention hearing;

(2)     the family court judge, before proceeding with a detention hearing in a case involving a victim, must ask the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and

(3)     the family court judge, if he does not rule that a juvenile must be detained, must impose conditions of release which are sufficient to protect a victim from harassment or intimidation by the juvenile or a person acting on the juvenile's behalf.

(K)     Upon scheduling a preliminary hearing in a case involving a victim, the summary court judge reasonably must attempt to notify each victim of each case for which the defendant has a hearing of his right to attend."

C.     Section 16-3-1530 of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"Section 16-3-1530.     (A)     A jail, prison, or detention or holding facility having custody of a person Notwithstanding any other provision of law, except the provisions contained in Section 16-3-1525(D) relating to juvenile detention:

(1)     a department or agency having custody or custodial supervision of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims reasonably must attempt to notify each victim, upon request, of the release of the person.;

(B)(2)     A a department or agency having custody or custodial supervision of a person accused of committing an offense involving one or more victims reasonably must attempt to notify each victim, upon request, of an escape by the person.;

(C)(3)     A a department or agency having custody of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims must inform each victim, upon request, of any transfer of the person to a less secure facility.;

(D)(4)     A a department or agency having custody or custodial supervision of a person convicted or adjudicated guilty of committing an offense involving one or more victims must reasonably attempt to notify each victim and prosecution witness, upon request, of an escape by the person."

D.     Section 16-3-1555(B) and (C) of the 1976 Code, as added by Act 141 of 1997, is amended to read:

"(B)     The prosecuting agency must forward, as appropriate and within a reasonable time, a copy of each victim's impact statement or the name, mailing address, and telephone number of each victim, or both, to the Department of Corrections, the Department of Probation, Parole, and Pardon Services, or the Board of Juvenile Parole, or and the Department of Juvenile Justice. The names, addresses, and telephone numbers of victims and prosecution witnesses contained in the records of the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, and the Department of Juvenile Justice are confidential and must not be disclosed directly or indirectly, except by order of a court of competent jurisdiction or as necessary to provide notifications, or services, or both, between these agencies, these agencies and the prosecuting agency, or these agencies and the Attorney General.

(C)     The prosecuting agency must file with an indictment a copy of a written victim victim's impact statement with the victim's personal information deleted. The victim's impact statement may be sealed by the appropriate authority until the defendant has been adjudicated, found guilty, or has pled guilty."

E.     Section 16-3-1560(A) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"(A)     The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, reasonably must attempt to notify each victim, who has indicated a desire to be notified, of post-conviction proceedings affecting the probation, parole, or release of the offender, and of the victim's right to attend and comment at these proceedings. This notification must be made sufficiently in advance to allow the victim to exercise his rights as they pertain to post-conviction proceedings."

F.     Revenues distributed on a monthly basis to fund existing State programs pursuant to Sections 14-1-206(c), 14-1-207(c), and 14-1-208(c) must equal the revenues received under these sections in fiscal year 1996-1997 before distributions can be made under Sections 14-1-206(B), 14-1-207(B), and 14-1-208(B) for the period of July 1, 1998, through April 30, 1999. The purpose of this provision is to reauthorize and adopt the provisions contained in Sections 4.B., 5.B., and 6.B. of Act 141 of 1997 for the period of July 1, 1998, through April 30, 1999.

Pursuant to Section 11-7-25, the State Auditor must examine the books, accounts, receipts, disbursements, vouchers, and records of the county treasurers, municipal treasurers, county clerks of court, magistrates, and municipal courts to report whether fines and assessments imposed pursuant to Sections 14-1-205, 14-1-206, 14-1-207, and 14-1-208 are properly collected and remitted to the State Treasurer. This audit must be completed and submitted to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the Ways and Means Committee no later than January 1, 1999.

G.     Section 14-1-211 of the 1976 Code, as added by Act 141 of 1997, is amended to read:

"Section 14-1-211.     (A)     In addition to all other assessments and surcharges, a one hundred dollar surcharge is imposed on all convictions obtained in general sessions court and a twenty-five dollar surcharge is imposed on all convictions obtained in magistrate's and municipal court in this State. The surcharge must not be imposed on convictions for misdemeanor traffic offenses. However, the surcharge applies to all violations of Section 56-5-2930, driving under the influence of liquor, drugs, or like substances. No portion of the surcharge may be waived, reduced, or suspended.

(B)     The revenue collected pursuant to subsection (A) must be retained by the jurisdiction which heard or processed the case and paid to the city or county treasurer, for the purpose of providing services for the victims of crime, including those required by law. Any funds retained by the county or city treasurer pursuant to this subsection (A) must be deposited into a separate account for the exclusive use for all activities related to the requirements contained in this provision. For the purpose of funds allocation and expenditure, these funds are a part of the general funds of the city or county. However, these funds first must be appropriated to the local agencies and offices providing victim services and not previously funded by the State. These funds must be used for, but are not limited to, salaries, equipment that includes computer equipment and internet access, or other expenditures necessary for providing services to crime victims. Any funds which are not used for the provision of victim services at the end of the fiscal year may be used for the capital and operating needs of the judicial system.

(C)     The surcharged revenue retained by the general sessions court, magistrates, or municipal courts in this State pursuant to subsection (B) must be reported by the city or county treasurer to the State Treasurer monthly. Any funds retained by the city or county treasurer pursuant to this subsection which are not used for the provision of victims' services at the end of the fiscal year may be used for the capital and operating needs of the judicial system."

H.     This section does not affect an action or proceeding commenced or a right accrued before the effective date of this act.

SECTION     22.     A.     Section 16-3-1510(1), (2), and (3) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"(1) 'Victim' means a person any individual who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a criminal offense, as defined in this section. 'Victim' also includes the person's any individual's spouse, parent, child, or the lawful representative of a victim who is:

(a)     deceased;

(b)     a minor;

(c)     incompetent; or

(d)     physically or psychologically incapacitated.

'Victim' does not include a spouse, parent, child, or lawful representative any individual who is the subject of an investigation for, who is charged with, or who has been convicted of or pled guilty or nolo contendere to the offense in question. 'Victim' also does not include any individual, including a spouse, parent, child, or lawful representative, who is acting on behalf of the suspect, juvenile offender, or defendant unless his actions are required by law. 'Victim' also does not include any individual who was imprisoned or engaged in an illegal act at the time of the offense.

(2)     "Person" means an individual 'Individual' means a human being.

(3)     'Criminal offense' means an offense against the person or an offense against the property of the person when the value of the property destroyed or the cost of the damage is in excess of one thousand dollars, including both common law and statutory offenses. "Criminal offense" does not include the drawing or uttering of a fraudulent check an offense against the person of an individual when physical or psychological harm occurs, or the property of an individual when the value of the property stolen or destroyed, or the cost of the damage to the property is in excess of one thousand dollars. This includes both common law and statutory offenses, the offenses contained in Sections 16-25-20, 16-25-30, 16-25-50, 56-5-1210, 56-5-2910, 56-5-2920, 56-5-2930, 56-5-2945, and the common law offense of attempt, punishable pursuant to Section 16-1-80. However, 'criminal offense' specifically excludes the drawing or uttering of a fraudulent check or an offense contained in Title 56 that does not involve personal injury or death.

For purposes of this article, a victim of any misdemeanor or felony under State law must be notified of or provided with the information required by this section. The terms 'crime', 'criminal conduct', 'charge', or any variation of these terms as used in this article mean all misdemeanors and felonies under State law except the crimes the General Assembly specifically excludes from the notification provisions contained in this article."

B.     This does not affect an action or proceeding commenced or a right accrued before the effective date of this act.

SECTION     23.     Section 16-13-10(b)(2) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

"(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the amount of the forgery is less than five thousand dollars. Notwithstanding the provisions contained in Section 23-3-540, 22-3-545, and 22-3-550, if the amount of the forgery is less than one thousand dollars, the offense must be tried exclusively in magistrate's court.

If the forgery does not involve a dollar amount, the person is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."

SECTION 24.     Section 56-5-2910 of the 1976 Code, as last amended by Act 509 of 1994, is further amended to read:

Section     56-5-2910.     (A)     When the death of a person ensues within one year as a proximate result of injury received by the driving of a vehicle in reckless disregard of the safety of others, the person operating the vehicle is guilty of reckless homicide. A person who is convicted of, pleads guilty to, or pleads nolo contendere to reckless homicide is guilty of a felony and must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than ten years, or both. The department shall revoke for five years the driver's license of a person convicted of reckless homicide.

(B)     After one year from the date of revocation, the person whose driver's license has been revoked for five years pursuant to Subsection (A) may petition the circuit court in the county of his residence for reinstatement of his driver's license. He shall serve a copy of the petition upon the solicitor of the county and shall notify the representative of the victim of the reckless homicide of his intent to seek reinstatement of his driver's license. The solicitor or his designee within thirty days may respond to the petition and demand a hearing on the merits of the petition. If the solicitor or his designee does not demand a hearing, the circuit court shall consider any affidavit submitted by the petitioner and the solicitor or his designee when determining whether the conditions required for driving privilege reinstatement have been met by the petitioner. The court may order the reinstatement of the person's driver's license upon the following conditions:

(1)     intoxicating alcohol, beer, wine, drugs or narcotics were not involved in the vehicular accident which resulted in the reckless homicide conviction or plea;

(2)     the petitioner has served his term of imprisonment or paid his fine, assessment and restitution in full, or both; and

(3)     the person's overall driving record, attitude, habits, character, and driving ability would make it safe to reinstate the privilege of operating a motor vehicle.
The circuit court may order the reinstatement of the driver's license before the completion of the full five-year revocation period or the judge may order the granting of a provisional license for the remainder of the five-year period to allow the person to drive to and from employment or school or the judge may place other restrictions on the driver's license reinstatement. The order of the judge must be transmitted to the Department of Public Safety within ten days.

(C)     If the person's privilege to operate a motor vehicle is reinstated pursuant to Subsection (B), a subsequent violation of the motor vehicle laws for any moving violation requires the automatic cancellation of the person's driver's license and imposition of the full period of revocation for the reckless homicide violation.

SECTION     25.     SECTION 22 of this act takes effect upon ratification of the constitutional amendment contained in an Act of 1998 bearing Ratification Number 277. All other sections of this act take effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. JENNINGS explained the amendment.

The amendment was then adopted.

Reps. HARRISON, JENNINGS and WILKINS proposed the following Amendment No. 2 (Doc Name P:\AMEND\GGS\22147CM.98), which was adopted.

Amend the bill, as and if amended, by striking SECTION 25 in its entirety, as contained on Page 862-10 and inserting:

/SECTION     25.     Title 16 of the 1976 Code is amended by adding:

"CHAPTER 2
Advisory Sentencing Guidelines Act

Section 16-2-10.     (A)     This chapter may be cited as the 'South Carolina Advisory Sentencing Guidelines Act'.

(B)     Advisory Sentencing Guidelines apply equally to all offenders in the State without regard to any element that does not relate to the crime or crimes of current conviction or the prior criminal record of the defendant.

(C)     This chapter applies to all criminal offenses in South Carolina punishable by maximum terms of imprisonment of one year or more except offenses specifically excluded from this act as provided in subsection (D).

(D)     This chapter does not apply to offenses for which life imprisonment is ordered under Section 17-25-45, the offense of Contempt of Court under Section 14-5-320, the offenses of attempt and conspiracy under Section 44-53-420, crimes with maximum penalties of less than one year, sentences imposed as a result of technical probation revocations, offenses exempt from classification under Section 16-1-10 (D) which receive the death penalty or life imprisonment, or sentences imposed in accordance with the Youthful Offender Act. However, this chapter does apply to the above offenses for purposes of scoring the offender's prior record.

(E)     Offenses exempt from classification under Section 16-1-10(D) which do not receive the death penalty or life imprisonment are treated, for purposes of sentencing guidelines, as Felony A offenses.

(F)     Offenses with provisions for mandatory minimum sentences are subject to these guidelines. However, if the mandatory minimum sentence is greater than the guidelines recommendation, the mandatory minimum sentence overrides the guidelines. If the guidelines recommendation is greater, the guidelines control.

(G)     Fines and restitution, as provided by law, may be added to a guidelines sentence.

(H)     The South Carolina Sentencing Guidelines Commission shall promulgate regulations consistent with the provisions contained in this chapter.

Section 16-2-20.     As used in this chapter:

(1)     'Aggravating factors' means reasons justifying a sentence above the presumptive sentencing range for the offense. A sentence in the aggravating range is not considered a departure from guidelines.

(2)     'Commission' means the South Carolina Sentencing Guidelines Commission.

(3)     'Conviction' means any conviction, guilty plea, or plea of nolo contendere and includes being convicted of a violation of a law of another state or a city or county ordinance.

(4)     'Prior convictions' means felonies and misdemeanors, prior convictions not classified at the time of conviction, federal or out-of-state convictions, circuit, magistrate, and municipal court convictions, and juvenile adjudications if the offense is a felony if committed by an adult. Prior convictions set aside or prior convictions of which the defendant was pardoned for reasons unrelated to innocence or legal error are to be counted in calculation of the prior record score. Expunged convictions are never counted.

(5)     'Prior record score' means the summation of points associated with previously imposed sentences.

(6)     'Departure' means a sentence which is either higher or lower than what the appropriate grid cell recommends. The departure form must be completed if a departure sentence is issued.

(7)     'Grid' means the sentencing guidelines matrix developed by the Sentencing Guidelines Commission for all offenses punishable by maximum terms of imprisonment of one year or more except offenses specifically excluded in Section 16-2-10(D).

(8)     'Grid cell' means a block on the grid formed by the intersection of the maximum penalty offense of the current convictions and all other current convictions added to the offender's prior record score.

(9)     'Mitigating factors' means reasons justifying a sentence below the presumptive sentencing range for a crime. A sentence in the mitigated range is not a departure from guidelines.

(10)     'Presumptive sentence' means the recommended sentence for the average case provided in a grid cell.

(11)     'Maximum penalty offense' means the current conviction offense with the greatest maximum possible sentence.

(12)     'Community punishment' means financial sanctions, probation, community punishment systems, nonresidential and residential intermediate sanctions, or any other community-based disposition under the jurisdiction of the South Carolina Department of Probation, Parole, and Pardon Services.

(13)     'Community punishment systems' or 'CPS' means a community punishment with maximum level supervision in the community by the South Carolina Department of Probation, Parole, and Pardon Services with caseload sizes limited by South Carolina Department of Probation, Parole, and Pardon Services' policy.

(14)     'Residential and nonresidential intermediate sanctions' or 'IMS' means a community punishment which may include boot camps, restitution, and community control centers, and any other residential community punishment facility under the supervision of the South Carolina Department of Probation, Parole, and Pardon Services, and electronic monitoring, home detention, day reporting, intensive supervision, and any other structured, intensive nonresidential program under the supervision of the South Carolina Department of Probation, Parole, and Pardon Services.

(15)     'Sentencing scoresheet' means a form promulgated by the Sentencing Guidelines Commission and published in the State Register and the Code of Regulations used to determine a sentence under this chapter.

(16)     'Prior record form' means a form promulgated by the Sentencing Guidelines Commission and published in the State Register and the Code of Regulations used to determine a prior record score under this chapter.

(17)     'Departure from guidelines form' means a form promulgated by the Sentencing Guidelines Commission and published in the State Register and the Code of Regulations. The form should be completed when a sentence departs from the sentencing guidelines contained in this chapter.

(18)     'Technical probation revocation' means probation is revoked for anything other than the commission of a new crime.

Section 16-2-30.     (A)     The court should consider this chapter when determining the appropriate sentence for criminal offenses punishable by maximum terms of imprisonment of one year or more excluding those offenses specifically enumerated in Section 16-2-10 (D).

(B)     The advisory sentencing guidelines grid is two-dimensional. The maximum penalty offense is used to select the appropriate horizontal severity level. The current convictions score and the prior record score are combined to produce the total point score used to select the appropriate grid cell.

(C)     There are three sentencing ranges within each grid cell:

(1)     the presumptive range is designed for the average case with no extraordinary circumstances;

(2)     the aggravating range is designed for cases in which a longer sentence is warranted based on the presence of aggravating factors pursuant to Section 16-2-70(A);

(3)     the mitigating range is designed for cases in which a lesser sentence is warranted based on the presence of mitigating factors pursuant to Section 16-2-70(C).

(D)     It is in the court's discretion to determine whether a sentence in the aggravating or mitigating range is more appropriate for a particular offender.

(E)     The presumptive sentence for offenders who fall below the bold dispositional line is a community punishment sentence. The presumptive sentence for offenders who fall above the bold dispositional line is imprisonment.

(F)     The sentencing scoresheet and prior record form must be initially scored by the solicitor's office and completed in final form at the court's discretion. A copy of the sentencing scoresheet and prior record form must be provided to the defendant's attorney, or to the defendant if he is not represented by counsel, prior to or contemporaneous with the submission to the court. Each solicitor's office in the State will be allocated sufficient resources from the General Assembly's annual appropriations act to comply with this act. The sentencing scoresheet and prior record form must be made a part of the record, and a copy must be sent by the solicitor to the South Carolina Sentencing Guidelines Commission within ninety days of sentencing.

(G)     Split sentences are departures from the guidelines requiring completion of the departure from guidelines form. Suspended sentences are departures from the guidelines requiring completion of the departure from guidelines form, except when the recommended guidelines sentence range permits a community punishment under the following conditions:

(1)     If the maximum penalty offense is classified as a Felony C offense and the guidelines permit a community punishment, the statutory maximum serves as the limit on the portion of the sentence which may be suspended.

(2)     If the maximum penalty offense is classified as a Felony D offense and the guidelines permit a community punishment, the limit on the portion of the sentence which may be suspended is seven years.

(3)     If the maximum penalty offense is classified as a Felony E offense and the guidelines permit a community punishment, the limit on the portion of the sentence which may be suspended is five years.

(4)     If the maximum penalty offense is classified as a Felony F offense and the guidelines permit a community punishment, the limit on the portion of the sentence which may be suspended is three years.

(5)     If the maximum penalty offense is classified as a Misdemeanor A, B, or C offense and the guidelines permit a community punishment, the statutory maximum serves as the limit on the portion of the sentence which may be suspended.

(H)     It is in the discretion of the court to determine if a departure from the guidelines' recommendation is warranted. If the court determines that a sentence more severe or less severe than recommended in this chapter is warranted, the court shall complete the departure from guidelines form. This form must be attached to the sentencing scoresheet and prior record form, and a copy shall be sent to the South Carolina Sentencing Guidelines Commission within ninety days after a person has been sentenced, and the commission shall compile this data by county. The court may, in its discretion, depart from the guidelines in cases which include, but are not limited to, those in which the defendant provided substantial assistance to the State, when the defendant suffers from significantly reduced mental capacity, or when there is an early acceptance of responsibility by the defendant as set forth below.

If the defendant has provided substantial assistance in the investigation or prosecution of another person, the court may determine an appropriate reduction in the defendant's sentence by considering the following:

(1)     Evaluation of the significance and usefulness of the defendant's assistance, taking into consideration the state's evaluation of the assistance rendered.

(2)     The truthfulness, completeness, and reliability of any information provided by the defendant.

(3)     The nature and extent of the defendant's assistance.

(4)     An injury suffered, or any danger or risk of injury to the defendant or his family resulting from the assistance.

(5)     The timeliness of the defendant's assistance.

The court, on motion of the State, may reduce a sentence to reflect a defendant's subsequent substantial assistance in the investigation or prosecution of another person who has committed an offense. The reduction of the sentence pursuant to this section may be made at any time after the imposition of the sentence if it is based on information or evidence not known by the defendant at the time of sentencing. However, if it is based on information or evidence known by the defendant at the time of sentencing, then the motion must be made within one year from the date of sentencing.

The court, on a motion of the State, may reduce a sentence to reflect a defendant's early acceptance of responsibility within ninety days of an arrest or within the discretion of the solicitor.

If the defendant suffers from significantly reduced mental capacity, the court may determine an appropriate reduction in the defendant's sentence by considering whether the defendant committed a nonviolent offense while suffering from significantly reduced mental capacity not resulting from voluntary use of drugs or other intoxicants. A lower sentence may be warranted to reflect the extent the reduced mental capacity contributed to the commission of the offense.

(I)     Unless specifically prohibited, a person who has been convicted of any criminal offense may be given a community punishment provided in this chapter if the class of the offense and current convictions and prior record level authorizes a community punishment as a type of sentence disposition.

(J)     The South Carolina Department of Probation, Parole, and Pardon Services must develop a plan to handle offender services regarding community punishment under this chapter. The programs designed to accommodate these offenders shall hold offenders accountable for making restitution, require compliance with the court's judgment, appropriately punish and rehabilitate offenders by directing them to specialized treatment or education programs, and protect public safety. This plan must be submitted to the Speaker of the House and the President Pro Tempore of the Senate within one hundred eighty days after the effective date of this act.

(K)     Community punishments available under this chapter include, but are not limited to:

(1)     Residential Intermediate Sanctions or IMS which include boot camps, restitution, and community control centers, and any other residential community punishment facilities under the supervision of the South Carolina Department of Probation, Parole, and Pardon Services.

(2)     Nonresidential Intermediate Sanctions or IMS which include electronic monitoring, home detention, day reporting, intensive supervision, and any other structured, intensive nonresidential program under the supervision of the South Carolina Department of Probation, Parole, and Pardon Services.

(3)     Community Punishment Systems or CPS which include community punishment with maximum level supervision in the community by the South Carolina Department of Probation, Parole, and Pardon Services with caseload sizes limited by South Carolina Department of Probation, Parole, and Pardon Services' policy.

(4)     Probation pursuant to Title 24, Chapter 21, Article 5.

Section 16-2-40.     To determine a guidelines sentence, the court must:

(1) determine the maximum penalty offense to select the appropriate horizontal severity level;

(2)     determine the current convictions score pursuant to Section 16-2-60 (A);

(3)     determine the prior record score pursuant to Section 16-2-60 (B);

(4)     add the current convictions score to the prior record score to produce the total point score. Use the total point score to select the appropriate vertical point column;

(5)     the intersection of the appropriate horizontal severity level and the appropriate vertical point column produces the appropriate grid cell;

(6)     determine if aggravating or mitigating factors, pursuant to Section 16-2-70, apply and select the appropriate sentencing range. All guidelines ranges are years of maximum confinement;

(7)     select a sentence at any place within the appropriate sentencing range; and

(8)     complete the departure from guidelines form if the sentence is outside of the appropriate grid cell's sentencing ranges.

Section 16-2-50.     For purposes of sentencing, the 'South Carolina Sentencing Guidelines Grid', as promulgated by the Sentencing Guidelines Commission and published in the State Register and the Code of Regulations, applies to criminal offenses with maximum terms of imprisonment of one year or more, except those offenses specifically excluded from this chapter provided in Section 16-2-10(D), committed one year after this act has been approved by the Governor.

Section 16-2-60.     (A)     The current convictions score for the purpose of Section 16-2-40 must be calculated pursuant to regulations promulgated by the Sentencing Guidelines Commission and published in the State Register and the Code of Regulations.

(B)(1)     The prior record score for the purpose of Section 16-2-40 is calculated pursuant to regulations promulgated by the Sentencing Guidelines Commission and published in the State Register and the Code of Regulations.

(2)     Federal or out-of-state convictions are scored.

(3)     Circuit, magistrate, and municipal court convictions, and juvenile adjudications that would be felonies if committed by an adult are scored accordingly.

(4)     Any prior sentence of over one year imposed more than fifteen years before the defendant's current conviction is not scored unless the sentence extends into the fifteen-year period. Any prior sentence of one year or less imposed more than ten years before the defendant's current conviction is not scored.

Section 16-2-70.     (A)     When determining whether an aggravated sentence is warranted, the court may consider whether any of the following factors may apply:

(1)     Serious bodily injury to a victim resulted from the criminal act.

(2)     The victim was treated with particular cruelty for which the offender should be held responsible.

(3)     The victim was particularly vulnerable due to age, infirmity, or reduced physical or mental capacity which was known or should have been known to the offender.

(4)     Protracted mental or emotional distress to a victim resulted from the act.

(5)     The defendant committed the offense while he was:

(a)     on probation;

(b)     a parolee;

(c)     on work release;

(d)     on furlough;

(e)     an escapee;

(f)     released on bond;

(g)     under community supervision; or

(h)     serving an active sentence.

(6)     The defendant possessed a firearm, visibly displayed what appeared to be a firearm, visibly displayed a knife, or used an object capable of causing death or inflicting serious bodily injury during the commission of a crime.

(7)     The defendant induced others to participate in the commission of the offense or occupied a position of leadership or dominance over other participants.

(8)     The defendant attempted to obstruct justice by intimidating a witness or juror, destroying evidence, or otherwise hindering the enforcement of laws in the investigation, prosecution, or sentencing of the defendant's case.

(9)     A defendant's refusal to assist authorities in the investigation of other persons should not be considered as an aggravating sentencing factor.

(B)     An aggravated sentence generally should not be given if the aggravating circumstance is a necessary element of the offense. Exceptions to this general rule are:

(1)     assault and battery of a high and aggravated nature (common law);

(2)     lewd act on a minor (Section 16-15-140).

(C)     When determining whether a mitigated sentence is warranted, the court may consider whether any of the following factors may apply:

(1)     The defendant is over sixty-five years of age.

(2)     The defendant suffers from extraordinary physical impairments. This does not include drug or alcohol problems.

(3)     The victim was the aggressor in the incident or induced or facilitated its commission.

(4)     The defendant played a minor role or passive role in the crime.

(5)     The defendant clearly demonstrates a recognition and affirmative acceptance or personal responsibility for his criminal conduct.

(6)     The current offense is indicative of aberrant behavior on behalf of the defendant.

(7)     The defendant participated under circumstances of coercion or duress.

(D)     Aggravating and mitigating factors provided in this section are examples of factors that the court may wish to consider when determining an appropriate sentence for an offender. It is in the court's discretion to determine the existence of these or any other factors which may warrant a sentence in the aggravating or mitigating ranges.

Section 16-2-80.     If the guidelines contained in this chapter are silent or vague, the sentencing judge may provide a reasonable interpretation."

SECTION     26.     Section 16-1-10(D) of the 1976 Code, as last amended by Part II, Section 70B of Act 164 of 1993 is further amended to read:

"(D) The following offenses are classified as exempt under subsections (A) and (B):

12-21-2790                     Interference with proper operation of video game machine

12-21-6000(B)                 Possessing marijuana or controlled substances without appropriate stamps

16-3-10                             Murder

16-3-30                             Killing by poison

16-3-40                             Killing by stabbing or thrusting

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

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

16-3-210                             Lynching

16-3-430                             Killing in a duel

16-3-620                             Assault with intent to kill (if sentenced for the common law offense of assault and battery of a high and aggravated nature)

16-3-910                             Kidnapping (if sentenced for murder)

16-11-311(B)                     Burglary first degree

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

16-25-65                             Criminal domestic violence of a high and aggravated nature

23-36-170(c), (d)             Penalty (violation of South Carolina Explosives Control Act) Third, fourth, or subsequent offenses

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

25-7-40                             Gathering information for an enemy

44-53-370(e)(1)(a)3         Prohibited Acts A, penalties (trafficking in marijuana, 10 pounds or more, but less than 100 pounds) Third or subsequent offenses

44-53-370(e)(1)(b)         Prohibited Acts A, penalties (trafficking in marijuana, 100 pounds or more of marijuana, but less than 2,000 pounds)

44-53-370(e)(1)(c)             Prohibited Acts A, (trafficking in marijuana, 2000 pounds or more, but less than 10,000 pounds)

44-53-370(e)(1)(d)         Prohibited Acts A, penalties (trafficking in marijuana, 10,000 pounds of marijuana or more)

44-53-370(e)(2)(a)(3)     Prohibited Acts A, penalties (trafficking in cocaine, 10 grams or more, but less than 28 grams) Third or subsequent offense

44-53-370(e)(2)(b)(3)     Prohibited Acts A, penalties (trafficking in cocaine, 28 grams or more, but less than 100 grams)

44-53-370(e)(2)(c)             Prohibited Acts A, penalties (trafficking in cocaine, 100 grams or more, but less than 200 grams)

44-53-370(e)(2)(d)         Prohibited Acts A, penalties (trafficking in cocaine, 200 grams or more, but less than 400 grams)

44-53-370(e)(2)(e)             Prohibited Acts A, penalties (trafficking in cocaine, 400 grams or more)

44-53-370(e)(3)(a)(2)     Prohibited Acts A, penalties (trafficking in illegal drugs, 4 grams or more, but less than 14 grams) Second or subsequent offense

44-53-370(e)(3)(b)         Prohibited Acts A, penalties (trafficking in illegal drugs, 14 grams or more, but less than 28 grams)

44-53-370(e)(3)(c)             Prohibited Acts A, penalties (trafficking in illegal drugs, 28 grams or more)

44-53-370(e)(4)(a)(2)     Prohibited Acts A, penalties (trafficking in methaqualone, 15 grams or more, but less than 150 grams) Second or subsequent offense

44-53-370(e)(4)(b)         Prohibited Acts A, penalties (trafficking in methaqualone, 150 grams but less than 1,500 grams)

44-53-370(e)(4)(c)             Prohibited Acts A, penalties (trafficking in methaqualone, possession of 1,500 grams, but less than 15 kilograms of methaqualone)

44-53-370(e)(4)(d)         Prohibited Acts A, penalties (trafficking in methaqualone, 15 kilograms or more)

44-53-370(e)(5)(a)(3)     Prohibited Acts, penalties (trafficking in LSD, 100 dosage units or more, but less than 500 dosage units) Third or subsequent offense

44-53-370(e)(5)(b)(3)     Prohibited Acts, penalties (trafficking in LSD, 500 dosage units or more, but less than 1,000 dosage units) Third or subsequent offense

44-53-370(e)(5)(c)             Prohibited Acts, penalties (trafficking in LSD, 1,000 dosage units or more) 44-53-375(C)(1)(c) Trafficking in ice, crank, or crack cocaine 10 grams or more, but less than 28 grams Third or subsequent offense

44-53-375(C)(2)(c)         Trafficking in ice, crank, or crack cocaine 28 grams or more, but less than 100 grams Third or subsequent offense

44-53-375(C)(3)             Trafficking in ice, crank, or crack cocaine 100 grams or more, but less than 200 grams

44-53-375(C)(4)             Trafficking in ice, crank, or crack cocaine 200 grams or more, but less than 400 grams

44-53-375(C)                     Trafficking in ice, crank, or crack cocaine 400 grams

                or more

44-53-445                         Distribute, sell, or manufacture, or possess with intent to distribute crack cocaine within proximity of school

56-5-2780(B)(1)             Unlawfully passing a stopped school bus where great bodily injury results

56-5-2947                         Child endangerment

56-15-590                         Failure of a motor vehicle auction to keep required records or make them available for inspection

58-17-4090                     Penalty for obstruction of railroad if death of human being results

Only criminal offenses with a possible maximum penalty of life imprisonment or death are felonies exempt from the classification system. This does not include offenses with a sentence of life imprisonment under Section 17-25-45."

SECTION     27.     Section 16-1-20(B) of the 1976 Code, as last amended by Part I, Section 1 of Act 7 of 1995, is further amended to read:

"(B)     For all offenders sentenced on or after July 1, 1993, the minimum term of imprisonment required by law does not apply to the offenses listed in Sections 16-1-90 and 16-1-100 unless the offense refers to a mandatory minimum sentence or the offense prohibits suspension of any part of the sentence. Offenses listed in Section 16-1-10(C) and (D) are exempt and minimum terms of imprisonment are applicable. No sentence of imprisonment precludes the timely execution of a death sentence."

SECTION     28.     Section 16-1-30 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-1-30.     All criminal offenses created by statute after July 1, 1993, must be provided by statute or in common law with maximum terms of imprisonment of three years or less are automatically classified according to the maximum term of imprisonment provided in the statute and pursuant to Sections 16-1-10 and 16-1-20,. All criminal offenses provided by statute or in common law with maximum terms of imprisonment of five years or more are felonies and are automatically classified according to the maximum term of imprisonment provided in the statute and pursuant to Sections 16-1-10 and 16-1-20 except offenses that are exempt from classification as provided in Section 16-1-10(D)."

SECTION     29.     Section 16-3-1075(B)(1) of the 1976 Code, as added by Act 163 of 1993, is amended to read:

"(1)     be imprisoned not more than fifteen twenty years; or"

SECTION     30.     Section 24-3-20(B) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"(B)     When the director determines that the character and attitude of a prisoner reasonably indicates that he may be trusted, 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)     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 A prisoner's place of confinement may not 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 attempting to commit a lewd act on a child; engaging a child for sexual performance; or spousal sexual battery. No A prisoner who is serving a sentence for a 'no parole offense' as defined in Section 24-13-100 Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D), which is punishable by a maximum term of imprisonment of twenty years or more 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."

SECTION     31.     Section 24-13-125 of the 1976 Code, as added by Act 83 of 1995, is amended to read:

"Section 24-13-125.     (A)     Notwithstanding any other another 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, Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D), which is punishable by a maximum term of imprisonment of twenty years or more 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.

(C)     This section does not apply to prisoners confined in a local correctional facility except a prisoner confined in a local facility pursuant to a designated facility agreement."

SECTION     32.     Section 24-13-150 of the 1976 Code, as added by Act 83 of 1995, is amended to read:

"Section 24-13-150.     (A)     Notwithstanding any other another 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 crime 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.

(C)     This section does not apply to prisoners confined in a local correctional facility except a prisoner confined in a local facility pursuant to a designated facility agreement."

SECTION     33.     Section 24-13-210 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-13-210.     (A)     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 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 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 conduct credit is computed.

(B)     A prisoner convicted of a 'no parole offense' an 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 A prisoner convicted of a 'no parole offense' is not 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.

(C)(B)     A prisoner convicted of an offense against this State and 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 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 conduct credits must be computed.

(D)(C)     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 good conduct 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 good conduct credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold forfeited good conduct time is solely the responsibility of officials named in this subsection.

(E)(D)     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)(E)     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     34.     Section 24-13-230 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-13-230.     (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. A maximum annual credit for both work credit and education credit is limited to one hundred eighty days.

(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 A prisoner convicted of a 'no parole offense' is not 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)(B)     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)(C)     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 educational credit he has earned may be forfeited in the discretion of the official having charge of the prisoner.

(E)(D)     The official in charge of a local detention or correctional facility to which persons convicted of offenses against the State 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.

(F)(E)(1)     An individual is only eligible only 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.

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

SECTION     35.     Section 24-13-430(2) of the 1976 Code is amended to read:

"(2)     Any inmate of the Department of Corrections, city or county jail, or public works of any county that participates in a riot or any other acts of violence shall be deemed guilty of a felony and, upon conviction, shall be imprisoned for not less than five years nor more than ten twenty years."

SECTION     36.     Section 24-13-650 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-13-650.     No An offender committed to incarceration for a violent offense as defined in Section 16-1-60 or a 'no parole offense' as defined in Section 24-13-100 Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D), which is punishable by a maximum term of imprisonment of twenty years or more may not 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     37.     Section 24-13-710 of the 1976 Code, as last amended by Act 83 of 1995, is further 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 Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of twenty years or more, 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 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     38.     Section 24-13-720 of the 1976 Code, as last amended by Act 83 of 1995, is further 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 Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of twenty years or more, within six months of the expiration of his sentence, may 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     39.     Section 24-13-1310(1)(c) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"(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 Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of twenty years or more;"

SECTION     40.     Section 24-21-30 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-21-30.     (A)     A person who commits a 'no parole offense' as defined in Section 24-13-100 crime on or after the effective date of this section is not eligible for parole consideration, but. A person who is convicted of a Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D), which is punishable by a maximum term of imprisonment of twenty years or more must complete a community supervision program as set forth in Section 24-21-560 prior to before his discharge from the sentence imposed by the court. For all offenders who are eligible for parole, 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 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 before January 1, 1996 by a two-thirds vote of the full board unless prohibited by Section 24-21-640. The board may grant parole to an offender who commits a crime under Section 16-11-312(B), 44-53-370(e)(1)(a)(1), 44-53-370 (e)(2)(a)(1), 44-53-370 (e)(4)(a)(1), 44-53-370(e)(5)(a)(1), or 44-53-375(C)(1)(a) before the effective date of this section by a two-thirds majority vote of the full board. 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 committed before the effective date of this section 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 crime on or after the effective date of this section to be eligible for parole."

SECTION     41.     Section 24-21-560 of the 1976 Code, as added by Act 83 of 1995, is amended to read:

"Section 24-21-560.     (A)     Notwithstanding any other another provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, any a sentence involving incarceration for a Class A, B, or C felony or a thirty-year murder sentence under Section 16-3-20 for a 'no parole offense' as defined in Section 24-13-100 must include any a term of incarceration and completion of a community supervision program operated by the Department of Probation, Parole, and Pardon Services. No A prisoner who is serving a sentence for a 'no parole offense' is not 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. A sentence for a term of incarceration less than twenty years imposed in general sessions court for a crime committed on or after the effective date of this act, in the discretion of the sentencing judge, may include a requirement for completion of a community supervision program. 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' 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' Class A, B, or C felony, a thirty-year sentence for murder under Section 16-3-20, or a sentence in which community supervision is ordered 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' Class A, B, or C felony or a thirty-year sentence for murder under Section 16-3-20, 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     42.     Section 24-26-10(A) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

"(A)     There is established the South Carolina Sentencing Guidelines Commission composed of thirteen fourteen voting members as follows:

(1)     a justice of the Supreme Court, appointed by the Chief Justice of the Supreme Court;

(2)     two circuit court judges, appointed by the Chief Justice of the Supreme Court;

(3)     three members of the Senate to be designated by the chairman of the Senate Judiciary Committee;

(4)     three members of the House designated by the chairman of the House Judiciary Committee;

(5)     an attorney, experienced in the practice of criminal law, appointed by the Governor from a list of candidates submitted by the President of the South Carolina Bar;

(6)     the Dean of the Law School of the University of South Carolina or his designee;

(7)     the South Carolina Attorney General, or his designee, to serve ex officio;

(8)     a solicitor appointed by the Chairman of the South Carolina Circuit Solicitors' Association;

(9)     an attorney, experienced in the practice of criminal defense, designated by the chairman of the House Judiciary Committee from a list of candidates submitted by the President of the South Carolina Association of Criminal Defense Lawyers."

SECTION     43.     Sections 2-13-66, 16-1-90, 16-1-100, 16-1-110, and 24-13-100 of the 1976 Code are repealed.

SECTION     44.     If any section, paragraph, provision, or portion of this act is held to be unconstitutional or invalid by a court of competent jurisdiction, this holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declares that the provisions of this act are severable from each other.

SECTION     45.     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     46.     SECTION 22 of this act takes effect upon ratification of the constitutional amendment contained in an Act of 1998 bearing ratification number 277. Sections 26, 27, 28, and the repeal of Sections 2-13-66, 16-1-90, 16-1-100, and 16-1-110 take effect upon approval by the Governor. The remainder of the act and the repeal of Section 24-13-100 take effect one year after approval by the Governor and apply to all crimes committed on and after that date./

Renumber sections to conform.

Amend title to conform.

Rep. JENNINGS explained the amendment.

The amendment was then adopted.

Rep. HARRISON proposed the following Amendment No. 3 (Doc Name P:\AMEND\KGH\15694DW.98), which was adopted.

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

/SECTION     ___.     Article 7, Chapter 3 of Title 23 of the 1976 Code, as last amended by Act 444 of 1996, is further amended to read:

"Article 7
Sex Offender Registry

Section 23-3-400.     The intent of this article is to promote the state's fundamental right to provide for the public health, welfare, and safety of its citizens. Notwithstanding this legitimate state purpose, these provisions are not intended to violate the guaranteed constitutional rights of those who have violated our nation's laws.

The sex offender registry will provide law enforcement with the tools needed in investigating criminal offenses. Statistics show that sex offenders often pose a high risk of re-offending. Additionally, law enforcement's efforts to protect communities, conduct investigations, and apprehend offenders who commit sex offenses, are impaired by the lack of information about these convicted offenders who live within the law enforcement agency's jurisdiction.

Section 23-3-410.     The registry is under the direction of the chief of the State Law Enforcement Division (SLED) and shall contain information the chief considers necessary to assist law enforcement in the location of persons convicted of certain offenses. SLED shall develop and operate the registry to collect, analyze, and maintain information, ; to make information available to every enforcement agency in this State and in other states,; and to establish a security system to ensure that only authorized persons may gain access to information gathered under this article.

Section 23-3-420.     The State Law Enforcement Division shall promulgate regulations to implement the provisions of this article.

Section 23-3-430.     (A)     Any person, regardless of age, residing in the State of South Carolina who in this State has been convicted of, adjudicated delinquent for, pled guilty or nolo contendere to in this State of an offense described below, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in any comparable court in the United States, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in the United States federal courts of a similar offense, or who has been convicted of, adjudicated delinquent of for, pled guilty or nolo contendere to an offense for which the person was required to register in the state where the conviction or plea occurred shall be required to register pursuant to the provisions of this article.

(B)     For purposes of this article, a person who remains in this State for a total of thirty days during a twelve-month period is a resident of this State.

(C)     For purposes of this article, a person who has been convicted of, pled guilty or nolo contendere to, or been adjudicated delinquent for any of the following offenses shall be referred to as an offender:

(1)     criminal sexual conduct in the first degree (Section 16-3-652);

(2)     criminal sexual conduct in the second degree (Section 16-3-653);

(3)     criminal sexual conduct in the third degree (Section 16-3-654);

(4)     criminal sexual conduct with minors, first degree (Section 16-3-655(1));

(5)     criminal sexual conduct with minors, second degree (Section 16-3-655(2) and (3). If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(3), or consensual sexual conduct between persons under the age of sixteen years of age, the convicted person is not an offender and is not required to register pursuant to the provisions of this article;

(6)     engaging a child for sexual performance (Section 16-3-810);

(7)     producing, directing, or promoting sexual performance by a child (Section 16-3-820);

(8)     criminal sexual conduct: assaults with intent to commit (Section 16-3-656);

(9)     incest (Section 16-15-20);

(10)     buggery (Section 16-15-120);

(11)     committing or attempting lewd act upon child under fourteen sixteen (Section 16-15-140);

(12)     eavesdropping or peeping (Section 16-17-470);

(13)     violations of Article 3, Chapter 15 of Title 16 involving a minor which violations are felonies;

(14)     A person, regardless of age, who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in this State, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in a comparable court in the United States, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in the United States federal courts of indecent exposure or of a similar offense in other jurisdictions is required to register pursuant to the provisions of this article if the court makes a specific finding on the record that based on the circumstances of the case the convicted person should register as a sex offender.

(15)     kidnapping (Section 16-3-910) except when the court makes a finding on the record that the offense did not include a criminal sexual offense.

(D)     Upon conviction, adjudication of delinquency, guilty plea, or plea of nolo contendere of a person of an offense not listed in this article, the presiding judge may order as a condition of sentencing that the person be included in the sex offender registry if good cause is shown by the solicitor.

(E)     SLED shall remove a person's name and any other information concerning that person from the sex offender registry immediately upon notification by the Attorney General that the person's adjudication, conviction, guilty plea, or plea of nolo contendere for an offense listed in Section 23-3-430(C) was reversed, overturned, or vacated on appeal and a final judgement has been rendered.

Section 23-3-440.     (1)     Prior to an offender's release from the Department of Corrections after completion of the term of imprisonment, or being placed on parole, the Department of Corrections or the Department of Probation, Parole, and Pardon Services, as applicable, shall notify the sheriff of the county where the offender intends to reside and SLED that the offender is being released and has provided an address within the jurisdiction of the sheriff for that county. The Department of Corrections shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside within twenty-four hours of his release. Further, the Department of Corrections shall obtain descriptive information of the offender, including a current photograph prior to release.

(2)     The Department of Probation, Parole, and Pardon Services shall notify SLED and the sheriff of the county where an offender is residing when the offender is sentenced to probation or is a new resident of the State who must be supervised by the department. The Department of Probation, Parole, and Pardon Services also shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside. An offender who is sentenced to probation must register within ten days of sentencing. Further, the Department of Probation, Parole, and Pardon Services shall obtain descriptive information of the offender, including a current photograph that is to be updated annually prior to expiration of the probation sentence.

(3)     The Department of Juvenile Justice shall notify SLED and the sheriff of the county where an offender is residing when the offender is released from a Department of Juvenile Justice facility or when the Department of Juvenile Justice is required to supervise the actions of the juvenile. The Department of Juvenile Justice must provide verbal and written notification to the juvenile and his parent, legal guardian, or custodian that the juvenile must register with the sheriff of the county in which the juvenile resides. The juvenile must register within twenty-four hours of his release or within ten days if he was not confined to a Department of Juvenile Justice's facility. The parents or legal guardian of a person under seventeen years of age who is required to register under this chapter must ensure that the person has registered.

(4)     The Department of Corrections, the Department of Probation, Parole, and Pardon Services, and the Department of Juvenile Justice shall provide to SLED the initial registry information regarding the offender prior to his release from imprisonment or relief of supervision. This information shall be collected in the event the offender fails to register with his county sheriff.

Section 23-3-450.     The offender shall register with the sheriff of the county in which he resides. To register, the offender must provide information as prescribed by SLED. The county sheriff shall then forward to SLED the registry information and any updated information regarding the offender. The sheriff in the county in which the offender resides shall forward all required registration information to SLED within five business days. A copy of this information must be kept by the sheriff's department. The county sheriff shall ensure that all information required by SLED is secured and shall establish specific times of the day during which an offender may register. An offender shall not be considered to have registered until all information prescribed by SLED has been obtained provided to the sheriff.

Section 23-3-460.     Any person required to register under this article shall be required to register annually for a period of life. The offender shall register at the sheriff's department in the county where he resides. A person determined by a court to be a sexually violent predator pursuant to state law is required to verify registration and be photographed every ninety days by the sheriff's department in the county in which he resides unless the person is committed to the custody of the State, whereby verification shall be held in abeyance until his release.

If any person required to register under this article changes his address within the same county, that person must send written notice of the change of address to the county sheriff within ten days of establishing the new residence.

If any person required to register under this article changes his address into another county in South Carolina, the person must register with the county sheriff in the new county within ten days of establishing the new residence. The person must also provide written notice within ten days of the change of address in the previous county to the county sheriff with whom the person last registered.

If any person required to register under this article moves outside of South Carolina, the person must provide written notice within ten days of the change of address to a new state to the county sheriff with whom the person last registered.

Any person required to register under this article who moves to South Carolina from another state and is not under the jurisdiction of the Department of Corrections, the Department of Probation, Parole, and Pardon Services, or the Department of Juvenile Justice at the time of moving to South Carolina, must register within sixty ten days of establishing residence in this State.

The sheriff of the county in which the person resides must forward all changes to any information provided by a person required to register under this article to SLED within five business days.

The South Carolina Department of Public Safety, Division of Motor Vehicles, shall inform, in writing, any new resident who applies for a driver's license, a chauffeur's license, vehicle tag, or a state identification card of the obligation of those sex offenders to register. The department also shall inform, in writing, a person renewing a driver's license, chauffeur's license, vehicle tag, or state identification card of the requirement for sex offenders to register.

Section 23-3-470.     (A)     It is the duty of the offender to contact the sheriff in order to register. If an offender fails to register as required by this article, he must be punished as provided in subsection (B).

(B)(1)     A person convicted for a first offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of ninety days, no part of which shall be suspended nor probation granted.

(2)     A person convicted for a second offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of one year, no part of which shall be suspended nor probation granted.

(3)     A person convicted for a third or subsequent offense is guilty of a felony and must be imprisoned for a mandatory period of five years, three years of which shall not be suspended nor probation granted.

Section 23-3-475.     (A)     Anyone who knowingly and wilfully gives false information when registering as an offender pursuant to this article must be punished as provided in subsection (B).

(B)(1)     A person convicted for a first offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of ninety days, no part of which shall be suspended nor probation granted.

(2)     A person convicted for a second offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of one year, no part of which shall be suspended nor probation granted.

(3)     A person convicted for a third or subsequent offense is guilty of a felony and must be imprisoned for a mandatory period of five years, three years of which shall not be suspended nor probation granted.

Section 23-3-480.     (A)     An arrest on charges of failure to register, service of an information or complaint for failure to register, or arraignment on charges of failure to register, constitutes actual notice of the duty to register. A person charged with the crime of failure to register who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice through arrest, service, or arraignment. Failure to register after notice as required by this article constitutes grounds for filing another charge of failure to register. Registering following arrest, service, or arraignment on charges does not relieve the offender from the criminal penalty for failure to register before the filing of the original charge.

(B)     Section 23-3-470 shall not apply to a person convicted of an offense provided in Section 23-3-420 23-3-430 prior to July 1, 1994, and who was released from custody prior to July 1, 1994, unless the person has been served notice of the duty to register by the sheriff of the county in which the person resides. This person shall register within ten days of the notification of the duty to register.

Section 23-3-490.     (A)     Information collected for the offender registry is open to public inspection, upon request to the county sheriff. A sheriff must release information regarding a specific person who is or persons required to register under this article to a member of the public if the request is made in writing, on a form prescribed by SLED, stating the name of the person requesting the information, and the name or address of the person or persons about whom the information is sought. The information must be disclosed only to the person making the request. The sheriff must provide the person making the request with the full name names of the requested registered sex offender offenders, any aliases, any other identifying physical characteristics, the each offender's date of birth, a current the home address on file, the offense for which the offender was required to register pursuant to Section 23-3-430, and the date, city, and state of conviction. A photocopy of a current photograph must also be provided. The provisions of this article do not authorize SLED to release information to the public unless a request is made in writing stating the name of the person making the request and the name of the person about whom information is sought. SLED is only authorized to release to the public the name of the county in which the offender is registered. Otherwise, SLED is not authorized to release any information contained in the registry to anyone other than law enforcement agencies, investigative agencies, and those agencies authorized by the court.

(B)     A person may request on a form prescribed by SLED a list of registered sex offenders residing in a city, county, or zip code zone or a list of all registered sex offenders within the State from SLED. A person may request information regarding a specific person who is required to register under this article from SLED if the person requesting the information provides the name or address of the person about whom the information is sought. SLED shall provide the person making the request with the full names of the requested registered sex offenders, any aliases, any other identifying physical characteristics, each offender's date of birth, the home address on file, the offense for which the offender was required to register pursuant to Section 23-3-430, and the date, city, and state of conviction. The State Law Enforcement Division may charge a reasonable fee to cover the cost of copying and distributing sex offender registry lists as provided for in this section. These funds must be used for the sole purpose of offsetting the cost of providing sex offender registry lists.

(B)(C)     Nothing in subsection (A) prohibits a sheriff from disseminating information contained in that subsection regarding a specific person who is required to register under this article if the sheriff or another law enforcement officer is presented with facts giving rise to a reasonable suspicion of criminal activity and has reason to believe the release of this information will deter the criminal activity.

(C)(D)     For purposes of this article, information on a juvenile person adjudicated delinquent in family court for an offense listed in Section 23-3-430 must not be made available to the public in accordance with the following provisions:

(1)     If a person has been adjudicated delinquent for committing any of the following offenses, information must be made available to the public pursuant to subsections (A) and (B):

(a)     criminal sexual conduct in the first degree (Section 16-3-652);

(b)     criminal sexual conduct in the second degree (Section 16-3-653);

(c)     criminal sexual conduct with minors, first degree (Section 16-3-655(1));

(d)     criminal sexual conduct with minors, second degree (Section 16-3-655(2) and (3));

(e)     engaging a child for sexual performance (Section 16-3-810);

(f)     producing, directing, or promoting sexual performance by a child (Section 16-3-820); or

(g)     kidnapping (Section 16-3-910).

(2)     Information shall only be made available, upon request, to victims of or witnesses to the offense, public or private schools, child day care centers, family day care centers, businesses or organizations that primarily serve children, women, or vulnerable adults, as defined in Section 43-35-10(11), for persons adjudicated delinquent for committing any of the following offenses:

(a)     criminal sexual conduct in the third degree (Section 16-3-654);

(b)     criminal sexual conduct: assaults with intent to commit (Section 16-3-656);

(c)     criminal sexual conduct with a minor: assaults with intent to commit (Section 16-3-656);

(d)     committing or attempting lewd act upon child under sixteen (Section 16-15-140);

(e)     peeping (Section 16-17-470):

(f)     incest (Section 16-15-20);

(g)     buggery (Section 16-15-120);

(h)     violations of Article 3, Chapter 15 of Title 16 involving a minor, which violations are felonies; or

(i)     indecent exposure.

(3)     A person who is under twelve years of age at the time of his adjudication, conviction, guilty plea, or plea of nolo contendere for a first offense of any offense listed in Section 23-3-430(C) shall be required to register pursuant to the provisions of this chapter; however, the person's name or any other information collected for the offender registry shall not be made available to the public.

(4)     A person who is under twelve years of age at the time of his adjudication, conviction, guilty plea, or plea of nolo contendere for any offense listed in Section 23-3-430(C) and who has a prior adjudication, conviction, guilty plea, or plea of nolo contendere for any offense enumerated in Section 23-3-430 shall register pursuant to the provisions of this chapter, and all registry information concerning that person must be made available to the public pursuant to items (1) and (2).

(5)     Nothing in this section prohibits the dissemination of all registry information to law enforcement.

(E)     For purposes of this section, use of computerized or electronic transmission of data or other electronic or similar means is permitted.

Section 23-3-500.     A court must order that a child under twelve years of age who is convicted of, pleads guilty or nolo contendere to, or is adjudicated for an offense listed in Section 23-3-430(C) be given appropriate psychiatric or psychological treatment to address the circumstances of the offense for which the child was convicted, pled guilty or nolo contendere, or adjudicated.

Section 23-3-510.     A person who commits a criminal offense using information from the sex offender registry disclosed to him pursuant to Section 23-3-490, upon conviction, must be punished as follows:

(1)     For a misdemeanor offense, the maximum fine prescribed by law for the offense may be increased by not more than one thousand dollars, and the maximum term of imprisonment prescribed by law for the offense may be increased by not more than six months.

(2)     For a felony offense, the maximum term of imprisonment prescribed by law for the offense may be increased by not more than five years.

Section 23-3-520.     (A)     An appointed or elected public official, public employee, or public agency is immune from civil liability for damages for any act or omission under this article unless the official's, employee's, or agency's conduct constitutes gross negligence.

(B)     Nothing in this chapter imposes an affirmative duty on a person to disclose to a member of the public information from the sex offender registry other than on those persons responsible for providing registry information pursuant to their official duties as provided for in this chapter.

(C)     Nothing in this section may be construed to mean that information regarding persons on the sex offender registry is confidential except as otherwise provided by law."

SECTION     ___.     Section 20-7-7805(A)(6), as added by Act 383 of 1996, is amended to read:

"(6)     dismiss the petition or otherwise terminate its jurisdiction at any time, on the motion of either party or on its own motion. require that a child under twelve years of age who is adjudicated delinquent for an offense listed in Section 23-3-430(C) be given appropriate psychiatric or psychological treatment to address the circumstances of the offense for which the child was adjudicated; and

(7)     dismiss the petition or otherwise terminate its jurisdiction at any time on the motion of either party or on its own motion."

SECTION     ___.     Section 20-7-8510 of the 1976 Code, as added by Act 383 of 1996, is amended by adding an appropriately numbered subsection to read:

"( )     The provisions of this section do not prohibit the distribution of information pursuant to the provisions of Article 7, Chapter 3 of Title 23."

SECTION     ___.     If any section, paragraph, provision, or portion of this act is held to be unconstitutional or invalid by a court of competent jurisdiction, this holding shall not affect the constitutionality or validity of the remaining portions of this act. The General Assembly hereby declares that the provisions of this act are severable from each other./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

Rep. HARRISON proposed the following Amendment No. 4 (Doc Name P:\AMEND\JIC\5725CM.98), which was adopted.

Amend the bill, as and if amended, by striking section 46 in its entirety and inserting:

/SECTION 46.         Section 22 of this act takes effect upon ratification of the constitutional amendment contained in an Act of 1998 bearing Ratification Number 277. Section 25, Sections 29 through 42, and the repeal of Section 24-13-100 take effect one year after approval of this act by the Governor and apply to all crimes committed on and after that date. The remainder of this act and the repeal of Sections 2-13-66, 16-1-90, 16-1-100, and 16-1-110 take effect upon approval by the Governor./

Amend title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

Rep. HARRISON proposed the following Amendment No. 5 (Doc Name P:\AMEND\GGS\22149CM.98), which was adopted.

Amend the bill, as and if amended, Section 16-3-1525(A), as contained in SECTION 21.B, by deleting lines 35 and 36, Page 862-2 and inserting:

/attempt to notify each victim of the arrest or detention and of the appropriate bond or other pretrial release hearing or procedure./

Amend further Section 16-3-1525(E), as contained in SECTION 21.B, by deleting Line 21, Page 862-3 and inserting:

/the arresting law enforcement agency/

Amend further Section 16-3-1525(F), as contained in SECTION 21.B, by deleting Line 28 and 29, Page 862-3 and inserting:

/one or more victims for which a preliminary hearing may be held, the arresting law enforcement agency must/

Amend further Section 16-3-1525(H)(1), as contained in SECTION 21.B, by deleting Line 38, Page 862-3 and inserting:

/(1)     the facility having custody arresting agency of the defendant reasonably must/

Amend title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

Reps. HARRISON and JENNINGS proposed the following Amendment No. 6 (Doc Name P:\AMEND\GGS\22150CM.98), which was adopted.

Amend the bill, as and if amended, by deleting SECTION 1, beginning on Page 862-12, in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

Reps. HAWKINS and KLAUBER proposed the following Amendment No. 7 (Doc Name P:\AMEND\BBM\9938MM.98), which was adopted.

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

/SECTION     ______.     Chapter 1, Title 25 of the 1976 Code is amended by adding:

"Article 25
Military Confinement

Section 25-1-3300.     This article is known and may be cited as the South Carolina Truth in Military Confinement Act.

Section 25-1-3310.     Military personnel subject to the Code of Military Justice as provided in this title who are sentenced to a period of confinement pursuant to a general, special, or summary court martial for a criminal or other offense which has been passed upon by the appropriate reviewing authority shall serve the full term of the confinement for which early release for any portion shall not be granted for any reason."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. KLAUBER explained the amendment.

The amendment was then adopted.

Rep. CROMER proposed the following Amendment No. 8, which was ruled out of order.

Term limits.

POINT OF ORDER

Rep. HARRISON raised the Point of Order that Amendment No. 8 was out of order in that it was not germane to the Bill.

SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

The question then recurred to the passage of the Bill, as amended, on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 88; Nays 10

Those who voted in the affirmative are:

Allison                Altman                 Bailey
Barfield               Barrett                Battle
Bauer                  Beck                   Boan
Brown, G.              Brown, H.              Brown, J.
Campsen                Cato                   Cooper
Cotty                  Cromer                 Dantzler
Delleney               Edge                   Emory
Felder                 Fleming                Gamble
Hamilton               Harrell                Harris
Harrison               Harvin                 Haskins
Hawkins                Hinson                 Jennings
Keegan                 Kelley                 Kinon
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Leach                  Lee                    Limehouse
Littlejohn             Loftis                 Maddox
Martin                 Mason                  McCraw
McGee                  McKay                  McLeod
McMahand               McMaster               Meacham
Miller                 Mullen                 Neilson
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sheheen                Simrill
Smith, D.              Smith, J.              Smith, R.
Spearman               Stille                 Stoddard
Stuart                 Tripp                  Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

Total--88

Those who voted in the negative are:

Breeland               Gourdine               Hines, J.
Howard                 Inabinett              Lloyd
Moody-Lawrence         Neal                   Pinckney
Scott

Total--10

So, the Bill, as amended, was read the second time and ordered to third reading.

RECURRENCE TO THE MORNING HOUR

Rep. SHARPE moved that the House recur to the morning hour, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 401, H. 5052 by a vote of 46 to 0.
(R401) H. 5052 -- Rep. Bauer: AN ACT TO AMEND ACT 329 OF 1969, AS AMENDED, RELATING TO THE IRMO-CHAPIN RECREATION DISTRICT IN LEXINGTON COUNTY, SO AS TO AUTHORIZE THE DISTRICT TO COMMISSION AND TRAIN QUALIFIED ENFORCEMENT OFFICERS.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 397, H. 5029 by a vote of 46 to 0.
(R397) H. 5029 -- Reps. McGee, J. Hines, McKay and M. Hines: AN ACT TO CREATE THE FLORENCE COURT LIBRARY COMMISSION FOR THE PURPOSE OF ESTABLISHING AND OPERATING A LAW LIBRARY IN FLORENCE COUNTY; TO PROVIDE FOR ITS POWERS AND DUTIES; TO INCREASE THE AMOUNT OF COURT COSTS ASSESSED FLORENCE COUNTY CRIMINAL BOND FORFEITURES AND FINES FOR THE SUPPORT OF THE LIBRARY AND TO PROVIDE FOR THE DEPOSIT AND DISBURSEMENT OF FUNDS.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 387, H. 4912 by a vote of 46 to 0.
(R387) H. 4912 -- Reps. Baxley, Neilson and J. Hines: AN ACT TO AMEND ACT 1797 OF 1972, RELATING TO THE HARTSVILLE PARKING, BEAUTIFICATION AND BUSINESS IMPROVEMENT DISTRICT IN DARLINGTON COUNTY, SO AS TO EXPAND THE AREA OF THE DISTRICT.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 778:
S. 778 -- Senator Bryan: A BILL TO AMEND VARIOUS SECTIONS OF CHAPTER 47, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC SAFETY COMMUNICATION, SO AS TO ADD APPROPRIATE DEFINITIONS; ESTABLISH A MONTHLY COMMERCIAL MOBILE RADIO SERVICE (CMRS) 911 CHARGE FOR EACH CMRS CONNECTION WITH A SOUTH CAROLINA BILLING ADDRESS OR MOBILE IDENTIFICATION NUMBER CONTAINING A SOUTH CAROLINA AREA CODE; TO ESTABLISH THE CMRS EMERGENCY TELEPHONE SERVICE BOARD AND PROVIDE FOR ITS COMPOSITION AND FUNCTIONS; TO PROVIDE FOR ALLOCATION AND DISTRIBUTION OF THE REVENUES GENERATED BY THE COLLECTION OF THE CMRS 911 CHARGES; AND TO EXEMPT CERTAIN CMRS PROVIDERS, OR SERVICE SUPPLIERS, AND THEIR OFFICERS, EMPLOYEES, ASSIGNS, OR AGENTS FROM CIVIL AND CRIMINAL LIABILITY IN CONNECTION WITH DEVELOPMENT, DESIGN, INSTALLATION, OPERATION, MAINTENANCE, PERFORMANCE, OR PROVISION OF 911 SERVICE AND PROVISION OF SUBSCRIBER INFORMATION TO GOVERNMENTAL ENTITIES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has requested Free Conference Powers and appointed Senators Passailaigue, Setzler and Hayes of the Committee of Free Conference on the part of the Senate on H. 3605:
H. 3605 -- Reps. Sharpe and Harrison: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDIA OF PAYMENT OF TAXES COLLECTED BY COUNTY TREASURERS, SO AS TO PROVIDE FOR THE COLLECTION OF CHECKS TENDERED IN PAYMENT OF COUNTY AND MUNICIPAL TAXES THAT ARE DISHONORED BY THE DRAWEE BANK OR FINANCIAL INSTITUTION OR OTHERWISE RETURNED TO THE TREASURER UNPAID, TO PROVIDE THAT PAYMENT OF CHECKS TENDERED AS PAYMENT FOR COUNTY OR MUNICIPAL TAXES THAT ARE DISHONORED OR RETURNED UNPAID BY THE DRAWEE BANK OR FINANCIAL INSTITUTION MAY BE ENFORCED IN THE MANNER PRESCRIBED BY CHAPTER 11, TITLE 34, SO LONG AS NO PERSON SHALL BE TWICE PUT IN JEOPARDY FOR THE SAME OFFENSE, TO PROVIDE THAT COUNTY OR MUNICIPAL TAXES REMAINING UNPAID AS A RESULT OF THE DISHONOR OR RETURN OF A CHECK BY THE DRAWEE BANK REMAIN A LIEN ON PROPERTY SUBJECT TO THE TAX UNTIL THE TAXES AND ALL PENALTIES, INTEREST AND OTHER CHARGES DUE THEREON ARE PAID IN FULL, AND TO PROVIDE THAT THE REMEDIES PROVIDED BY THIS SECTION ARE CUMULATIVE TO ALL OTHER REMEDIES PROVIDED BY LAW FOR THE COLLECTION OF TAXES.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3605:
H. 3605 -- Reps. Sharpe and Harrison: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDIA OF PAYMENT OF TAXES COLLECTED BY COUNTY TREASURERS, SO AS TO PROVIDE FOR THE COLLECTION OF CHECKS TENDERED IN PAYMENT OF COUNTY AND MUNICIPAL TAXES THAT ARE DISHONORED BY THE DRAWEE BANK OR FINANCIAL INSTITUTION OR OTHERWISE RETURNED TO THE TREASURER UNPAID, TO PROVIDE THAT PAYMENT OF CHECKS TENDERED AS PAYMENT FOR COUNTY OR MUNICIPAL TAXES THAT ARE DISHONORED OR RETURNED UNPAID BY THE DRAWEE BANK OR FINANCIAL INSTITUTION MAY BE ENFORCED IN THE MANNER PRESCRIBED BY CHAPTER 11, TITLE 34, SO LONG AS NO PERSON SHALL BE TWICE PUT IN JEOPARDY FOR THE SAME OFFENSE, TO PROVIDE THAT COUNTY OR MUNICIPAL TAXES REMAINING UNPAID AS A RESULT OF THE DISHONOR OR RETURN OF A CHECK BY THE DRAWEE BANK REMAIN A LIEN ON PROPERTY SUBJECT TO THE TAX UNTIL THE TAXES AND ALL PENALTIES, INTEREST AND OTHER CHARGES DUE THEREON ARE PAID IN FULL, AND TO PROVIDE THAT THE REMEDIES PROVIDED BY THIS SECTION ARE CUMULATIVE TO ALL OTHER REMEDIES PROVIDED BY LAW FOR THE COLLECTION OF TAXES.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 4540, R. 379 by a vote of 46 to 0.
(R379) H. 4540 -- Reps. Loftis and Leach: AN ACT TO AMEND ACT 1027 OF 1970, RELATING TO THE CREATION OF THE DUNCAN CHAPEL FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO PROVIDE FOR THE FILLING OF VACANCIES FOR MEMBERS OF THE GOVERNING BODY OF THE DISTRICT.
Very respectfully,
President

Received as information.

REPORT OF STANDING COMMITTEE

Rep. HINSON, from the Berkeley Delegation, submitted a favorable report, with amendments, on:

S. 1253 -- Senator Mescher: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE BOUNDARIES OF THE DEVON FOREST, STRATFORD, AND WESTVIEW-GOOSE CREEK NO. 3 PRECINCTS AND CHANGE THE MAP REFERENCE TO REFLECT THE CHANGES IN THE BOUNDARIES OF THESE PRECINCTS.

Ordered for consideration tomorrow.

REPORT OF STANDING COMMITTEE

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4978 -- Rep. Townsend: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF EAST GREER STREET IN THE TOWN OF HONEA PATH IN ANDERSON COUNTY "FRED T. MOORE FOUR LANE."

H. 4978--ADOPTED AND SENT TO THE SENATE

On motion of Rep. QUINN, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

H. 4978 -- Rep. Townsend: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF EAST GREER STREET IN THE TOWN OF HONEA PATH IN ANDERSON COUNTY "FRED T. MOORE FOUR LANE."

Whereas, the Honorable Fred Thurman Moore was born in the City of Seneca on June 30, 1921; and

Whereas, he is the devoted husband of Maude Elizabeth Williams, and they are the proud parents of three children; and

Whereas, Representative Moore served in the South Carolina House of Representatives with distinction for many years; and

Whereas, he valiantly defended his country during World War II as a member of the United States Navy; and

Whereas, Representative Moore has compiled an exemplary record of public service throughout his lifetime; and

Whereas, it is fitting and proper that the portion of East Greer Street in the Town of Honea Path in Anderson County that extends from County Road 464 to the junction of United States Highway 76 and South Carolina Highway 252 be named the "Fred T. Moore Four Lane" as a lasting tribute to this distinguished South Carolinian. Now, therefore,

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

That the members of the General Assembly request that the Department of Transportation designate and name the highway described in this resolution the "Fred T. Moore Four Lane" and install appropriate markers or signs as the department considers advisable at places along the highway containing the words "Fred T. Moore Four Lane."

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to Representative Fred Thurman Moore.

The Concurrent Resolution was adopted and ordered sent to the Senate.

REPORT OF STANDING COMMITTEE

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4979 -- Rep. Townsend: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 413 IN ANDERSON COUNTY THE "M. E. MCDONALD HIGHWAY."

H. 4979--ADOPTED AND SENT TO THE SENATE

On motion of Rep. QUINN, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

H. 4979 -- Rep. Townsend: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 413 IN ANDERSON COUNTY THE "M. E. MCDONALD HIGHWAY."

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

That the Department of Transportation is requested to name the portion of South Carolina Highway 413 that runs from the Town of Iva to its intersection with South Carolina Highway 28 the "M. E. McDonald Highway."

Be it further resolved that the Department of Transportation is requested to erect appropriate markers or signs at places along the highway as the department considers advisable containing the words "M. E. McDonald Highway."

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and ordered sent to the Senate.

REPORT OF STANDING COMMITTEE

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4471 -- Reps. Bauer, Knotts, Koon and Quinn: A CONCURRENT RESOLUTION TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IS REQUESTED TO IMMEDIATELY UNDERTAKE SUCH ACTION AS MAY BE NECESSARY OR REQUIRED UNDER THE FEDERAL LAW TO HAVE LAKE MURRAY DECLARED A NO DISCHARGE LAKE WITH REGARD TO MARINE TOILETS ON BOATS, AND THAT THE DEPARTMENT PURSUE SUCH ACTION UNTIL LAKE MURRAY IS DECLARED A NO DISCHARGE LAKE WITH REGARD TO MARINE TOILETS ON BOATS.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

On motion of Rep. T. BROWN, with unanimous consent, the following was taken up for immediate consideration:

H. 5219 -- Rep. T. Brown: A HOUSE RESOLUTION CONGRATULATING THE ANDREWS HIGH SCHOOL GIRL'S SOFTBALL TEAM ON WINNING THE 1998 STATE AA GIRL'S SOFTBALL CHAMPIONSHIP, WISHING HEAD COACH CRAIG EVANS AND STAFF, AND THE ANDREWS HIGH SCHOOL "YELLOW JACKET" ATHLETES CONTINUED SUCCESS IN SOFTBALL COMPETITION; AND EXTENDING TO THEM THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, JUNE 3, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF PERSONALLY RECEIVING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES.

Whereas, the Andrews High School Girl's "Yellow Jacket" Softball Team won the title of AA State Softball Champions on Friday, May 22, 1998; and

Whereas, with a 21-7 season record under the tutelage of Head Coach Craig Evans, and Assistant Coaches Chuck Bodiford and Roosevelt Giles, the "Yellow Jackets" defeated Swansea to clinch the Lower State title on May 15, 1998, and went on to win the State Championship by defeating Pendleton on May 22, 1998; and

Whereas, extraordinary "Yellow Jacket" players for games during the season were: Most Valuable Player, Summer Joyner; Best Bat, Kristen Gibbons; Golden Glove, Tosha Lynch; and, throughout the whole season, every girl on the team gave her very best effort to forge a championship softball team; and

Whereas, in the third game of the Championship series, Brandi Parsons pitched six innings giving up no earned runs; Tosha Lynch retired three batters in the seventh inning to earn the save; Summer Joyner and Catherine Van Vlake each scored twice in the Championship game giving Andrews it's four runs; and

Whereas, the 1998 State AA Championship "Yellow Jacket" Girl's Softball Team consisted of seniors: Kim Bodiford, Amy Stuckman, Catherine Van Vlake, and Brandi Brown; juniors: Tasha Lynch, Chrissy Floyd, Kristen Gibbons, Rita Grant, and Danielle Moore; sophomores: Brandi Parsons, Summer Joyner, Stacy Glisson, Jessica Foster, Kristen Moore, and Kim Means; freshmen: Catherine Lewis, Brooke Cox, and Jill Johnson. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives hereby congratulate the Andrews High School Girl's Softball Team on winning the 1998 State AA Girl's Softball Championship, wish head coach Craig Evans and staff, and the Andrews High School "Yellow Jacket" athletes continued success in softball competition; and extend to them the privilege of the floor of the House of Representatives on Wednesday, June 3, 1998, at a time to be determined by the Speaker, for the purpose of personally receiving the congratulations and best wishes of the members of the House of Representatives.

Be it further resolved that copies of this resolution be presented to Coach Craig Evans and to Andrews High School on behalf of the 1998 State AA Championship "Yellow Jacket" Girl's Softball Team.

The Resolution was adopted.

HOUSE RESOLUTION

On motion of Rep. SCOTT, with unanimous consent, the following was taken up for immediate consideration:

H. 5220 -- Rep. Scott: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO MR. TYRONE CORBIN OF THE NATIONAL BASKETBALL ASSOCIATION'S ATLANTA HAWKS AND RICHLAND COUNTY ON WEDNESDAY, JUNE 3, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED ON BEING NAMED CO-MALE ATHLETE OF THE YEAR BY THE SOUTH CAROLINA ATHLETIC HALL OF FAME.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to Mr. Tyrone Corbin of the National Basketball Association's Atlanta Hawks and Richland County on Wednesday, June 3, 1998, at a time to be determined by the Speaker, for the purpose of being recognized on being named Co-Male Athlete of the Year by the South Carolina Athletic Hall of Fame.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5221 -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION TO RECOGNIZE DR. HENRY LUCIUS LAFFITTE OF ALLENDALE FOR HIS FIFTY YEARS OF OUTSTANDING, DEDICATED SERVICE TO THE CITIZENS OF ALLENDALE COUNTY AND THE MEDICAL COMMUNITY.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 5222 -- Rep. Miller: A CONCURRENT RESOLUTION COMMENDING AND THANKING JOHNATHAN MOULTRIE OF GEORGETOWN FOR HIS OUTSTANDING SERVICE TO THE SCHOOL DISTRICT OF GEORGETOWN COUNTY AND PUBLIC EDUCATION IN SOUTH CAROLINA, AND EXTENDING BEST WISHES TO HIM FOR HAPPINESS FOLLOWING HIS RETIREMENT.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 5223 -- Reps. R. Smith and Beck: A CONCURRENT RESOLUTION CONGRATULATING THE NORTH AUGUSTA SWARM BASKETBALL TEAM ON WINNING THE YOUTH BASKETBALL OF AMERICA SOUTH CAROLINA CHAMPIONSHIP AND WISHING THEM GOOD LUCK IN THE NATIONAL CHAMPIONSHIP IN JULY.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 5224 -- Reps. Cave and Scott: A CONCURRENT RESOLUTION TO RECOGNIZE THE COURAGE OF MRS. PINKIE SMITH JOHNSON OF ALLENDALE COUNTY IN FURTHERING THE CAUSES OF EDUCATION, CIVIL RIGHTS, AND VOTER REGISTRATION IN SOUTH CAROLINA.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 5225 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE CLARENDON COUNTY TUTOR-MENTOR PROGRAM ON RECEIVING THE "COMMUNITY GROUP OF THE YEAR" AWARD FROM THE SOUTH CAROLINA DEPARTMENT OF JUVENILE JUSTICE.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 5226 -- Reps. Bauer, Koon, Knotts and Fleming: A CONCURRENT RESOLUTION COMMENDING AND THANKING WAYNE REYNOLDS CORLEY FOR HIS DEDICATED SERVICE TO THE IRMO FIRE DISTRICT.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1276 -- Senators Hutto and Washington: A CONCURRENT RESOLUTION TO RECOGNIZE DR. HENRY LUCIUS LAFFITTE OF ALLENDALE FOR HIS FIFTY YEARS OF OUTSTANDING, DEDICATED SERVICE TO THE CITIZENS OF ALLENDALE COUNTY AND THE MEDICAL COMMUNITY.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1278 -- Senator Courson: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE DR. JOHN J. DUFFY FOR FOUR DECADES OF OUTSTANDING SERVICE AND LEADERSHIP AS A DISTINGUISHED EDUCATOR, SCHOLAR AND ADMINISTRATOR AT THE UNIVERSITY OF SOUTH CAROLINA, UPON THE OCCASION OF HIS RETIREMENT.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

S. 1271 -- Senators Giese and Patterson: A BILL TO GRANT A WAIVER TO RICHLAND SCHOOL DISTRICT ONE IN RICHLAND COUNTY WHICH SHALL PERMIT THEM TO EMPLOY FOREIGN NATIONALS TO TEACH THEIR NATIVE OR ACQUIRED LANGUAGE IN THE ELEMENTARY SCHOOLS OF THE DISTRICT UNDER SPECIFIED CONDITIONS.

On motion of Rep. BYRD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 174--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., June 2, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 174 and asks for a Committee of Conference
and has appointed Senators Hayes, Hutto and Jackson of the Committee of Conference on the part of the Senate:
S. 174 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
Very respectfully,
President

Whereupon, the Chair appointed Reps. JENNINGS, SIMRILL and MADDOX to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HINSON a leave of absence for the remainder of the day.

STATEMENTS BY REP. H. BROWN AND REP. BOAN

Rep. H. BROWN made a statement relative to H. 4700, the General Appropriations Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. H. BROWN continued speaking.

Rep. BOAN made a statement relative to H. 4700, the General Appropriations Bill.

SPEAKER IN CHAIR

Rep. BOAN continued speaking.

CONCURRENT RESOLUTION

The following was introduced:

H. 5227 -- Reps. Bauer and Harrison: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE DR. FRANCIS L. ABEL FOR HIS MANY YEARS OF EXEMPLARY SERVICE, CONTRIBUTIONS, AND ACCOMPLISHMENTS AS CHAIR OF THE DEPARTMENT OF PHYSIOLOGY AT THE UNIVERSITY OF SOUTH CAROLINA, SCHOOL OF MEDICINE, AND TO EXTEND BEST WISHES FOR A WELL DESERVED RETIREMENT.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 5228 -- Rep. Bauer: A CONCURRENT RESOLUTION COMMENDING AND THANKING FRANCIS MARION CARNS FOR HIS DEDICATED SERVICE TO THE IRMO FIRE DISTRICT.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

OBJECTION TO RECALL

Rep. WALKER asked unanimous consent to recall S. 1258 from the Committee on Education and Public Works.

Rep. HOWARD objected.

OBJECTION TO RECALL

Rep. COBB-HUNTER asked unanimous consent to recall S. 547 from the Committee on Ways and Means.

Rep. KELLEY objected.

OBJECTION TO RECALL

Rep. COBB-HUNTER asked unanimous consent to recall H. 4901 from the Committee on Labor, Commerce and Industry.

Rep. CATO objected.

H. 3603--SENATE AMENDMENTS AMENDED
AND RETURNED TO THE SENATE

The Senate amendments to the following Bill were taken up for consideration.

H. 3603 -- Reps. Allison, Rice, Barrett, Seithel, Leach, Chellis, Simrill, Hinson, Spearman, Phillips, Bailey, Cato, McCraw, Sandifer, Walker, Limbaugh, Riser, Kinon, Young, R. Smith, Easterday, Rhoad, Mason, Gamble, Harvin, Bauer, Moody-Lawrence, Miller, Stuart, Limehouse, McMaster and Battle: A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CONDUCT TOWARD A CHILD BY PERSONS HAVING CHARGE OR CUSTODY OF THE CHILD, SO AS TO SUBSTITUTE A PERSON RESIDING IN THE HOUSE OF A CHILD, OR HAVING RECURRING ACCESS TO A CHILD, OR WHO HAS BEEN GIVEN RESPONSIBILITY TO CARE FOR A CHILD IN PLACE OF A PERSON WHO IS RESPONSIBLE FOR THE CARE AND SUPPORT OF A CHILD, AND TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS CHARGE OR CUSTODY OF A CHILD TO PLACE THE CHILD IN A SITUATION THAT WOULD LIKELY LEAD TO ABANDONMENT.

Reps. ALLISON, COTTY and HARRISON proposed the following Amendment No. 1A (Doc Name P:\AMEND\KGH\15701DW.98), which was adopted.

Amend the bill, as and if amended, by striking SECTIONS 2 and 3.

Renumber sections to conform.

Amend totals and title to conform.

Rep. COTTY explained the amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

STATEMENT BY REP. HARRELL

Rep. HARRELL made a statement relative to S. 850 the Education Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. HARRELL continued speaking.

SPEAKER IN CHAIR
S. 489--CONFERENCE COMMITTEE REPLACEMENT

The Speaker announced that he had appointed Rep. JORDAN in lieu of Rep. PARKS on the Conference Committee on S. 489, and a message was ordered sent to the Senate accordingly.

Rep. SANDIFER moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5204 -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION RECOUNTING THE PROUD HISTORY AND GLORIOUS PAST OF MOUNT PLEASANT BAPTIST CHURCH AT FORT MOTTE IN CALHOUN COUNTY AND RECORDING IT FOR FUTURE GENERATIONS AS A LESSON IN THE POWER OF KNOWLEDGE AND FAITH IN FORMING A STRONG COMMUNITY AND STATE.

H. 5205 -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING MR. TYRONE CORBIN OF THE NATIONAL BASKETBALL ASSOCIATION'S ATLANTA HAWKS AND RICHLAND COUNTY ON BEING NAMED 1998 CO-MALE PROFESSIONAL PLAYER OF THE YEAR BY THE SOUTH CAROLINA ATHLETIC HALL OF FAME AND COMMENDING HIM ON HIS OUTSTANDING ACCOMPLISHMENTS DURING HIS THIRTEEN-YEAR CAREER AS A PLAYER IN THE NATIONAL BASKETBALL ASSOCIATION.

H. 5214 -- Rep. Koon: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE LEXINGTON HIGH SCHOOL CHORUS ON THE OCCASION OF THEIR BEING NAMED GRAND CHAMPION OF THE FIESTA-VAL INVITATIONAL MUSIC FESTIVAL HELD IN ATLANTA, GEORGIA ON THE 17TH AND 18TH OF APRIL, 1998.

H. 5215 -- Rep. Gamble: A CONCURRENT RESOLUTION THANKING CARL B. STOKES, DIRECTOR OF THE DIVISION OF LAW ENFORCEMENT AND SAFETY AT THE UNIVERSITY OF SOUTH CAROLINA, FOR HIS MORE THAN FORTY-THREE YEARS OF LAUDABLE LAW ENFORCEMENT SERVICE TO THE STATE OF SOUTH CAROLINA, AND EXTENDING BEST WISHES TO HIM AS HE ANTICIPATES HIS HARD-EARNED AND WELL-DESERVED RETIREMENT ON JUNE 30, 1998.

H. 5216 -- Rep. Sandifer: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SOUTH CAROLINA FUNERAL DIRECTORS ASSOCIATION ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY.

H. 5210 -- Reps. Wilkins, Haskins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING THE HONORABLE VICTORIA T. MULLEN OF BEAUFORT COUNTY, OUR DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, FOR HER DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AS A LEGISLATOR AND FOR HER FRIENDSHIP.

H. 5211 -- Reps. Knotts, Wilkins, Harrison, D. Smith, Fleming, Altman, Baxley, Beck, Campsen, Clyburn, Cotty, Delleney, Easterday, Govan, Hawkins, Jennings, Klauber, Maddox, McCraw, McMaster, Scott, Simrill, Whatley, Whipper, Young, Allison, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Canty, Carnell, Cato, Cave, Chellis, Cobb-Hunter, Cooper, Dantzler, Davenport, Edge, Emory, Felder, Gamble, Gourdine, Hamilton, Harrell, A. Harris, Harvin, Haskins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Martin, Mason, McAbee, McGee, McKay, McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Wilder, Wilkes, Witherspoon, Woodrum, and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING THE HONORABLE JAMES L. MANN (BUBBA) CROMER, JR., OF RICHLAND COUNTY, OUR DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, FOR HIS EIGHT YEARS OF OUTSTANDING, DEDICATED SERVICE TO SOUTH CAROLINA AS A LAWMAKER.

H. 5212 -- Reps. Wilkins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE BRADLEY L. "BRAD" JORDAN OF ANDERSON COUNTY, OUR RESPECTED COLLEAGUE AND FRIEND, FOR HIS OUTSTANDING SERVICE TO THE PEOPLE OF SOUTH CAROLINA DURING THE 1997-1998 LEGISLATIVE SESSION AND EXTENDING BEST WISHES IN ALL HIS FUTURE ENDEAVORS.

H. 5213 -- Rep. Harrison: A CONCURRENT RESOLUTION TO CONGRATULATE THE TOWN THEATRE (THE COLUMBIA STAGE SOCIETY) OF COLUMBIA AS IT CELEBRATES ITS EIGHTIETH ANNIVERSARY WITH THE UPCOMING 1998-99 SEASON, AND TO RECOGNIZE IT AS A TREASURE TO ACTORS, ARTISTS, AND AUDIENCES ALIKE.

ADJOURNMENT

At 6:15 P.M. the House in accordance with the motion of Rep. KIRSH adjourned in memory of Samuel I. Bailes of Clover, to meet at 10:00 A.M. tomorrow.

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