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Section 22-3-1560. A magistrate court restraining order granted under this article must protect the petitioner or the abused person on whose behalf the petition was filed and may include provisions temporarily enjoining the respondent from:

(1) abusing, threatening to abuse, or molesting the petitioner or the person on whose behalf the petition was filed;

(2) communicating or attempting to communicate with the petitioner or the person on whose behalf the petition was filed in a way to violate this article;

(3) entering or attempting to enter the petitioner's residence or his place of employment or education or another location the court may order. The order may not prohibit a respondent from entering or attempting to enter a location that also was respondent's residence or place of employment or education when the action was commenced;

(4) destroying the personal property or damaging the real property of the petitioner or person on whose behalf the petition was filed.

Section 22-3-1570. A magistrate court restraining order issued pursuant to this article must be for a fixed time not to exceed forty-five days.

Section 22-3-1580. The magistrate shall cause to be mailed or served upon the petitioner, the respondent, and local law enforcement agencies having jurisdiction in the area where the petitioner resides a certified copy of a magistrate court restraining order.

Section 22-3-1590. The primary duty of a law enforcement officer when responding to an incident of abuse is to enforce the laws allegedly violated and to protect the abused person if facts are found which substantiate the complaint. In these incidents the officer shall:

(1) notify the abused person of the right to initiate criminal proceedings and to seek an order of protection under the Protection from Domestic Abuse Act or a magistrate court restraining order under this article;

(2) advise the parties of the importance of preserving evidence. To provide protection to the petitioner and minor children the officer may offer or arrange to provide transportation of the abused person to a hospital for treatment of injuries or to a place of shelter or safety and to

Section 22-3-1600. The petitioner's right to relief under this article is not affected by:

(1) leaving the residence or household to avoid further abuse;

(2) the use of physical force against the respondent reasonably believed by the petitioner to be necessary to defend the petitioner or others from imminent physical injury or abuse.

Section 22-3-1610. A proceeding under this article is in addition to other civil and criminal remedies."

SECTION 2. Section 8-21-1010 of the 1976 Code, as last amended by Act 678 of 1988, is further amended to read:

"Section 8-21-1010.Except as otherwise expressly provided, the following fees and costs must be collected by the magistrates and deposited in the general fund of the county:

(1) for taking civil recognizance, with or without sureties,: five dollars;

(2) for granting an order for civil special bail, with or without sureties,: five dollars;

(3) for receiving and filing bond in claim and delivery, attachment,: five dollars;. If justification of sureties is required, an additional five dollars must be collected;

(4) for administering and certifying oaths or documents in writing,: two dollars;

(5) for issuing any a prerogative writ,: five dollars;

(6) in all civil actions and in actions filed pursuant to the `Magistrate Court Restraining Order Act', for issuing a summons and a copy for defendant, and for giving judgment with or without a hearing,: twenty-five dollars;

(7) for issuing execution executions and renewal thereof, their renewals: ten dollars;

(8) for making up, certifying, and forwarding a transcript of record and judgment in a case for purpose of appeal,: ten dollars;

(9) for proceedings by a landlord or lessor against a tenant or lessee, including notices to quit, eviction orders, or recovery of rents,: ten dollars;

(10) for proceedings on a coroner's inquest, as prescribed by law,: ten dollars, if an inquest is demanded by a party other than the State or county or authorized officer of either;

(11) for proceeding on estrays, including judgment for possession, sale, or damages,: ten dollars;

(13) for each tax execution collected,: five dollars;

(14) for filing or issuing any other paper not provided for in this section,: five dollars.

No fees or costs may be assessed against a party for summoning jurors or expense of jury service in a criminal case in which a trial by jury is had."

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.

On motion of Rep. CROMER, with unanimous consent, it was ordered that H. 3051 be read the third time tomorrow.

Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, March 1, which was adopted.

H. 4356 -- Reps. Wilkins, Allison, Elliott, Gamble, Corning and Harrell: A BILL TO AMEND SECTION 16-13-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, SO AS TO DELETE PROVISIONS ON THE MISDEMEANOR OFFENSE.

Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, March 1, which was adopted.

H. 4358 -- Reps. Wilkins, Allison, Elliott and Marchbanks: A BILL TO AMEND SECTION 16-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSES OF FELONIES AND MISDEMEANORS, SO AS TO PROVIDE THAT THE MINIMUM TERM OF IMPRISONMENT DOES NOT APPLY TO MISDEMEANORS LISTED IN SECTION 16-1-100.

Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, March 1, which was adopted.

H. 4359 -- Reps. Wilkins, Snow, Fair, Vaughn, Allison, Elliott, Mattos and Marchbanks: A BILL TO AMEND SECTION 16-15-305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBSCENITY, SO AS TO INCREASE THE PENALTY TO CONFORM WITH THE CRIME CLASSIFICATION ACT OF 1993.

The SPEAKER granted Rep. BYRD a leave of absence for the remainder of the day.

The following Bill was taken up.

H. 4463 -- Rep. Cromer: A BILL TO AMEND SECTION 23-31-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO CARRY A CONCEALED WEAPON, SO AS TO MAKE GRAMMATICAL CHANGES AND TO REPEAL THE BOND REQUIREMENT.

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, February 23, by Reps. GAMBLE and CROMER.

Rep. GAMBLE explained the amendment.

The amendment was then adopted.

Rep. RUDNICK proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5593HTC.94), which was tabled.

Amend the bill, as and if amended, page 2, by striking lines 1 through 27 and inserting:

/(c) (C)All persons issued permits by the State Law Enforcement Division pursuant to subsection (a) (A) of this section shall obtain and file with the Secretary of State, as a prerequisite to issuance of such the permit, a bond in the amount of two thousand dollars for the purpose of guaranteeing payment up to such that amount of any judgment obtained against such the person arising out of the negligent or unlawful use of any pistol possessed and used by such the person, whether such the cause of action arises out of such the person's official duties or otherwise. Such

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. CROMER moved to table the amendment, which was agreed to by a division vote of 37 to 6.

Rep. HODGES explained the Bill.

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

Rep. CROMER asked unanimous consent that H. 4463 be read a third time tomorrow.

Rep. RUDNICK objected.

Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, March 1, which was adopted.

H. 4512 -- Rep. Wilkins: A BILL TO AMEND SECTION 16-14-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL TRANSACTION CARD THEFT, SO AS TO CONFORM THE PENALTY TO PROVISIONS OF THE CRIME CLASSIFICATION ACT.

Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, March 1, which was adopted.

S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".

The following Bill was taken up.

H. 4377 -- Reps. Kirsh, Farr, Walker, D. Wilder, Vaughn, Rudnick, Stille, Simrill, Harvin, Keyserling, Meacham, Delleney and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-905 SO AS TO PROVIDE FOR A PARTIAL REFUND OR CREDIT WHEN THE OWNER OF A MOTOR VEHICLE SO REQUESTS UPON THE SURRENDER OF THE LICENSE PLATE AND REGISTRATION TO THE DEPARTMENT OF REVENUE AND TAXATION IN THE FIRST TWELVE MONTHS OF A BIENNIAL REGISTRATION PERIOD.

Amend the bill, as and if amended, by striking Section 56-3-905, as contained in SECTION 1, and inserting:

/Section 56-3-905. Notwithstanding the provisions of Section 56-3-900, when the owner of a motor vehicle licensed and registered for a biennium pursuant to Section 56-3-253 surrenders the license plate and registration to the department in the first twelve months of the licensing period, the department shall refund to the owner an amount equal to one-half the registration fee paid on the vehicle. If the owner is simultaneously registering another vehicle, the refund amount, at the owner's option, may be applied against the registration fee due./

Amend title to conform.

Rep. FARR explained the amendment.

The amendment was then adopted.

Reps. ROBINSON, KIRSH, TROTTER and MARCHBANKS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5572HC.94), which was adopted.

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

/SECTION ___. Section 56-3-620 of the 1976 Code, as amended by Act 164 of 1993, is further amended by adding at the end:

"(D) For persons who are sixty-four years of age, the biennial registration fee for any private passenger-carrying vehicle is twenty-two dollars."/

Renumber sections to conform.

Amend title to conform.

Rep. ROBINSON explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

H. 4368 -- Reps. P. Harris, Neilson, Waldrop, Baxley, J. Brown, Cromer, Davenport, Delleney, Farr, Gonzales, Harrelson, Harrison, Harvin, Hines, Inabinett, Keegan, Kelley, Kirsh, Littlejohn, Phillips, Rhoad, Rogers, Rudnick, Shissias, D. Smith, Snow, Tucker, Waites, Whipper, D. Wilder, Wilkes, Witherspoon, Keyserling, Breeland, Elliott and Gamble: A BILL TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO INCLUDE COUNTY COUNCILS ON AGING OR THOSE AGENCIES PROVIDING AGING SERVICES FUNDED BY THE OFFICE OF THE GOVERNOR, DIVISION ON AGING.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15680AC.94), which was adopted.

Amend the bill, as and if amended, by deleting Section 1 and inserting:

/SECTION 1. Section 1-11-720(A) of the 1976 Code, as added by Act 364 of 1992, is amended by adding an appropriately numbered item to read:

"( ) county councils on aging or other governmental agencies providing aging services funded by the Office of the Governor, Division on Aging."/

Amend title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

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

On motion of Rep. MATTOS, with unanimous consent, it was ordered that H. 4368 be read the third time tomorrow.

The following Bill was taken up.

H. 3475 -- Reps. Baxley, A. Young, Simrill, Kirsh, Stone, Haskins, Neal, Harrison, Quinn, Corning, Riser, Shissias, Hines, Canty, Cato, Wells, Robinson, Meacham and Hutson: A BILL TO AMEND SECTION 4-10-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFERENDUM ON THE QUESTION OF IMPLEMENTING THE LOCAL OPTION ONE PERCENT SALES AND USE TAX WITHIN A COUNTY, SO AS TO DESCRIBE SUCH REFERENDUM AS AN "INITIAL REFERENDUM", PROVIDE THAT IT MUST OCCUR ON THE TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN A GENERAL ELECTION YEAR, AND PROVIDE THAT, FOLLOWING THE INITIAL REFERENDUM, A REFERENDUM FOR IMPLEMENTING THE TAX MUST NOT BE HELD MORE OFTEN THAN ONCE IN FORTY-EIGHT, RATHER THAN TWELVE, MONTHS AND MUST BE SIMILARLY HELD ON THE TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN A GENERAL ELECTION YEAR ONLY.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5283HC.94), which was adopted.

Amend the bill, as and if amended, by striking Section 1 and inserting:

/SECTION 1. Section 4-10-30(C) of the 1976 Code, as added by Act 317 of 1990, is amended to read:

"(C) If the question is not approved at the initial referendum, the county council may call for another referendum on the question. However, following the initial referendum, a referendum for this purpose must not be held more often than once in twelve twenty-four months and must be held on the Tuesday following the first Monday in November in a general election year only."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

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

Rep. MATTOS moved to adjourn debate upon the following Bill until Tuesday, March 1, which was adopted.

S. 947 -- Senators Giese, Passailaigue, Glover, Rose and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-45 SO AS TO PROVIDE THAT THE GOVERNOR'S OFFICE, DIVISION ON AGING SHALL DESIGNATE AREA AGENCIES ON AGING WHO SHALL DESIGNATE AS FOCAL POINTS CERTAIN RECIPIENTS OF FUNDS THROUGH THE DIVISION ON AGING.

The SPEAKER granted Rep. H. BROWN a leave of absence for the remainder of the day to attend a BEST Committee meeting in Charleston.

The following Bill was taken up.

H. 4706 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-170 SO AS TO PROHIBIT THE DISPARAGEMENT OF PERISHABLE AGRICULTURAL AND AQUACULTURAL FOOD PRODUCTS, DEFINE TERMS, AND PROVIDE FOR AN ACTION FOR DAMAGES AND OTHER APPROPRIATE RELIEF.

Reps. HUFF, SIMRILL, CROMER, HODGES, HASKINS, WELLS, ALLISON, LANFORD, WRIGHT, HARRISON and CARNELL objected to the Bill.

The following Bill was taken up.

S. 1023 -- Senator Macaulay: A BILL TO AMEND CHAPTER 5, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, SO AS TO REVISE AND CLARIFY DEFINITIONS.

| Printed Page 2771, Feb. 24 | Printed Page 2790, Feb. 24 |