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Rep. HODGES moved to adjourn debate upon the following Bill until Wednesday, February 23, which was adopted.

H. 3518 -- Rep. R. Young: A BILL TO AMEND SECTION 30-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITE FOR RECORDING A DEED OR INSTRUMENT IN WRITING, SO AS TO ELIMINATE THE REQUIREMENT OF AN AFFIDAVIT AND ACKNOWLEDGEMENT.

Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, February 23, which was adopted.

H. 3747 -- Reps. Wilkins, Hodges and Huff: A BILL TO AMEND SECTION 61-13-287, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OR GIFT OF BEER, WINE, OR ALCOHOLIC LIQUOR TO A PERSON UNDER TWENTY-ONE YEARS OF AGE, SO AS TO DELETE THE REFERENCES TO GIVING AND CONSUMPTION, PROVIDE FOR THE SECTION TO APPLY TO THE TRANSFER OF POSSESSION, AND REVISE THE EXCEPTIONS.

The following Bill was taken up.

H. 4056 -- Reps. Rogers, G. Bailey, Hallman, Wofford, Fulmer, Barber, Simrill, Baxley, Harvin, McAbee, Waldrop, Snow, Rudnick, Waites, J. Bailey, Wells, H. Brown and Meacham: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO CREATE THE CRIME VICTIM'S ADVOCATE OF SOUTH CAROLINA AND PROVIDE POWERS AND DUTIES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4730AL.93), which was tabled.

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

/SECTION 1. Chapter 3, Title 16 of the 1976 Code is amended by adding:

Section 16-3-1610. As used in this article:

(1) `Appropriate authority' means a person who is the subject of a complaint to the State Office of Victim Assistance (SOVA) or a person within the agency who is in a supervisory position with regard to the one who is the subject of a complaint.

(2) `Elements of the criminal and juvenile justice system' means circuit solicitors and members of their staff; law enforcement officers; probation, parole, and corrections officers; the Department of Youth Services; state officials involved in the criminal and juvenile justice systems; officials of the SOVA responsible for victim's compensation and other services which benefit victims of crime; and state, county, or municipal victim advocacy personnel.

(3) `Victim assistance program' means an entity which provides, is required by law to provide, or claims to provide services and assistance to victims on an ongoing basis.

Section 16-3-1620. (A)The SOVA shall determine the validity of complaints concerning possible violations of the rights of crime victims or witnesses provided in the Victims' and Witnesses' Bill of Rights and the delivery of victims' services by victims' assistance programs. This includes victims of juvenile crimes.

(B) The SOVA acts as a liaison between agencies, either in the criminal justice system or in victim assistance programs, and victims and witnesses.

(C) A toll-free number must be established to contact the SOVA to answer questions concerning the criminal justice system and victims' services unless the information requested is restricted. The SOVA shall establish a procedure for referral when services are requested by crime victims or considered by him to be necessary.

(D) Information and files received by the SOVA are confidential and retain their confidential status upon completion of the investigation or when the files are placed on inactive status.

Section 16-3-1630. Upon receipt of an affidavit signed by the victim setting forth specific allegations of a violation of the Victims' and Witnesses' Bill of Rights (Section 16-3-1510, et seq.), the SOVA has the power to carry out the duties set forth in Section 16-3-1620, including to:

(1) conduct an inquiry concerning an action of the criminal or juvenile justice system or a victim assistance program pertaining to the rights of victims as provided in the Victims' and Witnesses' Bill of Rights (Section 16-3-1510 et seq.);

(3) request and obtain access to police reports pertaining to juveniles and juvenile delinquency petitions. Information received by the SOVA retains its data classification while in the SOVA's possession. Juvenile records obtained under this section may be released only in accordance with provisions of the Children's Code;

(4) inform in writing the complainant and the person or entities, which are the subject of the complaint, and other appropriate authorities, including the Attorney General and the Chief Justice of the Supreme Court of any action taken after completing an investigation. If the complaint involves the conduct of the criminal justice system in relation to a criminal or civil proceeding, the SOVA's findings must be forwarded to the court in which the proceeding occurred.

Section 16-3-1640. A victim's exercise of rights granted by this article must not be grounds for dismissing a criminal proceeding or the setting aside of a conviction or sentence.

Section 16-3-1650. Upon a finding that a complaint is valid, the SOVA shall recommend action to the person or entity which is the subject of the complaint. The person or entity shall inform the SOVA within a reasonable time period about the action taken or the reason for not complying with the recommendation.

Section 16-3-1660. The SOVA shall develop in cooperation with the criminal and juvenile justice system procedures for monitoring actions recommended in cases of noncompliance with the law. The agency shall provide technical assistance and training, if necessary, to help assure future compliance. Refusal by the persons or entities which are the subject of the complaint to cooperate with the SOVA shall result in a complaint by the SOVA to the appropriate federal, state, or local authority with the program of fiscal accountability for the services provided by the person or entities. The SOVA shall submit an annual report not identifying individual agencies summarizing noncompliance issues and recommending solutions to the Governor and the General Assembly."

SECTION 2. Sections 16-3-1110(3) and (4) of the 1976 Code are amended to read:

"(3) `Fund' means the South Carolina Victim's Compensation Fund, which is a division of the Office of the Governor.

(4) `Director' means the Director of the State Workers' Compensation Fund Director of the Victim's Compensation Fund Division who is

SECTION 3. Section 16-3-1120 of the 1976 Code, as last amended by Section 6, Part II, Act 658 of 1988, is further amended to read:

"Section 16-3-1120.The Director of the State Workers' Compensation Fund, as appointed by the Governor pursuant to Section 42-7-20, also is named A Director of the Victims' Compensation Fund must be appointed by the Governor and shall serve at his pleasure. The director is responsible for administering the provisions of this article and Article 16, Chapter 3, Title 16. Included among the duties of the director is the responsibility, with approval of the South Carolina Crime Victims' Advisory Board as established in this article, for developing and administering a plan for informing the public of the availability of the benefits provided under this article and procedures for filing claims for the benefits.

The director, upon approval by the South Carolina Crime Victim's Advisory Board, has the following additional powers and duties to:

(1) To appoint a deputy director of the Victim's Compensation Fund, and staff necessary for the operation thereof, and to contract for services. The director shall recommend the salary for the deputy director and other staff members, as allowed by statute or applicable law.

(2) To promulgate regulations to carry out the provisions and purposes of this article and Article 14 of this chapter.

(3) To request from the Attorney General, South Carolina Law Enforcement Division, solicitors, magistrates, judges, county and municipal police departments, and any other agency or department such assistance and data as that will enable the director to determine whether and the to what extent to which a claimant qualifies for awards. Any A person, agency, or department listed above is authorized to provide the director with the information requested upon receipt of a request from the director. Any provision of law providing for confidentiality of juvenile records does not apply to a request of the deputy director, director, the board, or a panel of the board pursuant to this section.

(4) To reinvestigate or reopen previously decided award cases as the deputy director considers necessary.

(5) To require the submission of medical records as are needed by the board, a panel of the board, or deputy director or his staff and, when necessary, to direct medical examination of the victim.

(7) To render each year to the Governor and to the General Assembly a written report of the activities of the Victim's Compensation Fund pursuant to this article. The annual report must be a summary report that does not identify individual agencies, but summarizes noncompliance issues and community solutions.

(8) To delegate the authority to the deputy director to reject incomplete claims for awards or assistance.

(9) To render awards to victims of crime or to those other persons entitled to receive awards in the manner authorized by this article. The power may be delegated to the deputy director.

(10) To apply for funds from, and to submit all necessary forms to, any federal agency participating in a cooperative program to compensate victims of crime.

(11) To delegate to the board or a panel of the board on appeal matters any power of the director or deputy director."

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

Amend title to conform.

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

The Judiciary Committee proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\3207AL.94), which was adopted.

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

/SECTION 1. Chapter 3, Title 16 of the 1976 Code is amended by adding:

Section 16-3-1610. As used in this article:

(1) `Criminal and juvenile justice system' means circuit solicitors and members of their staffs; the Attorney General and his staff; law enforcement agencies and officers; adult and juvenile probation, parole, and correctional agencies and officers; officials responsible for victims' compensation and other services which benefit victims of crime, and state, county, and municipal victim advocacy and victim assistance personnel.

Section 16-3-1620. (A)The Crime Victims' Ombudsman of the Office of the Governor is created. The Crime Victims' Ombudsman is appointed by and serves at the pleasure of the Governor.

(B) The Crime Victims' Ombudsman of the Office of the Governor shall:

(1) refer crime victims to the appropriate element of the criminal and juvenile justice systems or victim assistance programs, or both when services are requested by crime victims or are necessary as determined by the ombudsman;

(2) act as a liaison between elements of the criminal and juvenile justice systems, victim assistance programs, and victims when the need for liaison services is recognized by the ombudsman;

(3) review and attempt to resolve complaints against elements of the criminal and juvenile justice systems or victim assistance programs, or both made to the ombudsman by victims of criminal activity within the State's jurisdiction.

Section 16-3-1630. Upon receipt of a written complaint that contains specific allegations and is signed by a victim of criminal activity within the State's jurisdiction, the ombudsman shall forward copies of the complaint to the person, program, and agency against whom it makes allegations, and conduct an inquiry into the allegations stated in the complaint.

In carrying out the inquiry, the ombudsman is authorized to request and receive information and documents from the complainant, elements of the criminal and juvenile justice systems, and victim assistance programs that are pertinent to the inquiry. Following each inquiry, the ombudsman shall issue a report verbally or in writing to the complainant and the persons or agencies that are the object of the complaint and recommendations that in the ombudsman's opinion will assist all parties. The persons or agencies that are the subject of the complaint shall respond, within a reasonable time, to the ombudsman regarding actions taken, if any, as a result of the ombudsman's report and recommendations.

The ombudsman shall prepare a public annual report, not identifying individual agencies or individuals, summarizing his activity. The annual report must be submitted directly to the Governor, General Assembly, elements of the criminal and juvenile justice systems, and victim assistance programs.

Section 16-3-1650. All elements of the criminal and juvenile justice systems and victim assistance programs shall cooperate with the ombudsman in carrying out the duties described in Sections 16-3-1620 and 16-3-1630.

Section 16-3-1660. A victim's exercise of rights granted by this article is not grounds for dismissing a criminal proceeding or setting aside a conviction or sentence.

Section 16-3-1670. This chapter does not create a cause of action on behalf of a person against an element of the criminal and juvenile justice systems, victim assistance programs, the State, or any agency or person responsible for the enforcement of rights and provision of services set forth in this chapter."

SECTION 2. Upon the effective date of this act, there is transfered from the Division of Victim's Assistance of the Office of the Governor $125,000 and three full-time equivalent positions to the Crime Victims' Ombudsman of the Office of the Governor. The transfer shall apply for the current and succeeding fiscal years.

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

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

Rep. HODGES moved to adjourn debate upon the following Bill until Wednesday, February 23, which was adopted.

H. 4092 -- Reps. Thomas, Rogers, Trotter, Barber, Law, Fulmer, Waites, Corning, Harrison, Gamble, Stuart, P. Harris, Witherspoon, Riser, Inabinett, Wofford, Marchbanks, Stille, Allison, J. Wilder, Kelley, McTeer, Jennings, Cooper, Martin, Lanford, D. Wilder, Keegan, Delleney, McAbee, Graham, McElveen and Klauber: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT

The following Bill was taken up.

H. 4283 -- Reps. Barber, Jennings, Gonzales, Quinn, Harvin, Wells, Wright, Harrison, R. Smith, Fulmer, D. Wilder, Klauber, A. Young and Corning: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, BY ADDING CHAPTER 43 SO AS TO ENACT THE "SOUTH CAROLINA LIMITED LIABILITY COMPANY ACT".

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20332SD.94), which was adopted.

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

/SECTION 1. Title 33 of the 1976 Code is amended by adding:

Section 33-43-101. Short Title.

This chapter shall be known and may be cited as the South Carolina Limited Liability Company Act.

The provisions for the South Carolina Limited Liability Act have been derived in part from:

(a) The November 19, 1992, draft version of the "prototype" Limited Liability Company Act drafted by the Working Group on the Prototype Limited Liability Company Act Subcommittee on Limited Liability Companies, Committee on Partnerships and Unincorporated Business Organizations, Section of Business Law, American Bar Association. Versions of this "prototype" statute, with explanatory commentary have been published in Larry E. Ribstein & Robert R. Keatinge, Ribstein & Keatinge on Limited Liability Companies, (Shepard's/McGraw-Hill, Inc. 1992); and

Both of these draft statutes contain valuable commentary which may be of assistance in interpreting and understanding the meaning of some of the sections of this South Carolina Limited Liability Act.

Section 33-43-102. Definitions.

As used in this chapter, unless the context otherwise requires:

(A) `Articles of organization' means articles filed under Section 33-43-201, and those articles as amended or restated.

(B) `Corporation' means a corporation formed under the laws of any state or foreign country.

(C) `Court' includes every court having jurisdiction in the case.

(D) `Deliver' includes mail.

(E) `Event of dissociation' means an event that causes a person to cease to be a member as provided in Section 33-43-802.

(F) `Foreign limited liability company' means an organization that is:

(1) an unincorporated association;

(2) organized under laws of a state other than the laws of this State, or under the laws of any foreign country;

(3) organized under a statute pursuant to which an association may be formed that affords to each of its members limited liability with respect to the liabilities of the entity; and

(4) not required to be registered or organized under any statute of this State other than this chapter.

(G) `Limited liability company' or `domestic limited liability company' means an organization formed under this chapter.

(H) `Limited liability company interest' or `interest in the limited liability company' means the member's right to share in profits and losses, and right to share in distributions.

(I) `Limited partnership' means a limited partnership formed under the laws of any state or foreign country.

(J) `Manager' or `managers' means, with respect to a limited liability company that has set forth in its articles of organization that it is to be managed by managers, the person or persons designated in accordance with Section 33-43-401.

(K) `Member' or `members' means a person or persons who have been admitted to membership in a limited liability company as provided in

(L) `Operating agreement' means any written agreement, originally unanimously adopted by all the members of the limited liability company, as to the conduct of the business and affairs of the limited liability company. Provided, however, the failure of any limited liability company to adopt an operating agreement shall not effect the legal existence of such limited liability company.

(M) `Person' means an individual, a general partnership, a limited partnership, a domestic or foreign limited liability company, a trust, an estate, an association, a corporation, or any other legal entity.

(N) `Professional service' means a service that may be rendered lawfully only by a person licensed or otherwise authorized by a licensing authority in this State to render the service and that may not be lawfully rendered by a business corporation under Chapters 1 through 17 of Title 33.

(O) `State' means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

Section 33-43-103. Name.

(A) The name of each limited liability company as set forth in its articles of organization must contain the words `limited liability company' or `limited company' or the abbreviation `L.L.C.', `L.C.', `LLC', `LC'. The word `limited' may be abbreviated as `LTD.' and the word `company' may be abbreviated as `CO.'

(B) A limited liability company name may not be the same as or deceptively similar to:

(1) the name filed with the Secretary of State of any limited liability company, limited partnership, professional corporation, or corporation existing under the laws of this State or foreign limited liability company, foreign corporation, or foreign professional corporation authorized to transact business in this State; or

(2) any name reserved or registered under Section 33-43-104, or any reserved name for a corporation or professional corporation existing under the laws of this State, or any registered name of either a foreign corporation or foreign professional corporation authorized to transact business in this State.

(C) The provisions of subsection (B) shall not apply if the applicant files with the Secretary of State either of the following:

(1) the written consent of the holder of a reserved or registered name or filed name to use a deceptively similar name if one or more words are

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