| Printed Page 7600, June 1 | Printed Page 7620, June 1 |

Amend the bill, as and if amended, page 1, SECTION 1, by striking subsection (B) of Section 40-57-155 and inserting:

/(B) A licensee may receive continuing education credit for courses taken under a continuing legal education program, provided such courses relate directly to real estate law in South Carolina and have been preapproved by the commission as meeting the criteria for continuing real estate education. Credit for such courses is subject to approval by the commission./

Amend title to conform.

Rep. T.C. ALEXANDER explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

S. 436 -- Senator Richter: A BILL TO AMEND ARTICLE 5, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION 56-5-765, SO AS TO PROVIDE THAT WHEN A MOTOR VEHICLE OF A LAW ENFORCEMENT AGENCY IS INVOLVED IN A TRAFFIC COLLISION, THE INVESTIGATION OF THE COLLISION MUST BE PERFORMED BY AN INDEPENDENT LAW ENFORCEMENT AGENCY, EITHER THE STATE HIGHWAY PATROL OR THE COUNTY SHERIFF'S DEPARTMENT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7916BDW.94), which was adopted.

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

/SECTION 1. The 1976 Code is amended by adding:

"Section 56-5-765. (A) When a motor vehicle or motorcycle of a law enforcement agency, except a motor vehicle or motorcycle operated by the South Carolina Department of Public Safety, is involved in a traffic

(B) When a motor vehicle or motorcycle of the Department of Public Safety is involved in a traffic collision, regardless of whether another motor vehicle or motorcycle is involved, the sheriff of the county in which the collision occurred shall investigate the collision, regardless of whether the collision occurred within an incorporated jurisdiction, and file a report with findings on whether the department's motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.

(C) A law enforcement department or agency may not investigate collisions in which a vehicle or an employee of that department or agency is involved."

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

Amend title to conform.

Rep. MARTIN explained the amendment.

The amendment was then adopted.

Rep. G. BROWN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\6138DW.94), which was ruled out of order.

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

/SECTION . The 1976 Code is amended by adding:

"Section 56-5-4207. Notwithstanding other provisions of this chapter, or regulations relating to it, a mobile home may be transported on interstate highways at a speed not to exceed fifty-five miles per hour."/

Renumber sections to conform.

Amend title to conform.

Rep. G. BROWN explained the amendment.

Rep. HODGES raised the Point of Order that Amendment No. 2 was out of order as it was not germane.

Rep. G. BROWN argued contra the Point.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of amendments.

Reps. SCOTT and ANDERSON withdrew their objections to S. 226 however, other objections remained upon the Bill.

The veto on the following Bill was taken up.

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

Rep. HODGES moved to adjourn debate upon the veto, which was adopted.

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

H. 5146 -- Rep. Whipper: A BILL TO AUTHORIZE THE CHARLESTON COUNTY SCHOOL DISTRICT TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

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

H. 4720 -- Reps. Law, Williams, Wofford, R. Young and H. Brown: A BILL TO AMEND ACT 518 OF 1982, RELATING TO THE BERKELEY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT VACANCIES MUST BE FILLED FOR THE UNEXPIRED PORTION OF THE TERM BY APPOINTMENT OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION.

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

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

H. 3678 -- Reps. Houck, Cobb-Hunter, Haskins, Mattos, Scott, G. Brown, Neal, Chamblee, Elliott, Stuart, McLeod, M.O. Alexander, D. Wilder and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-175 SO AS TO REQUIRE HOSPITALS TO PROVIDE THE DIVISION OF RESEARCH AND STATISTICAL SERVICES CERTAIN FINANCIAL INFORMATION AND TO AUTHORIZE PENALTIES PURSUANT TO REGULATION.

Rep. CROMER explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification by a division vote of 65 to 21.

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

H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT; AND TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO PROVIDING SIGNS STATING THE PENALTY FOR ARMED ROBBERY, SO AS TO REMOVE FROM THE SIGN CERTAIN PROVISIONS.

Rep. HODGES proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\N05\7932BDW.94), which was adopted.

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

/SECTION __. A. Title 2 of the 1976 Code is amended by adding:

Section 2-48-10. (A) A need exists for careful planning to expand local detention and correctional facilities to enable local governments adequately to incarcerate offenders who are awaiting trial or serving sentences of imprisonment at the local level. At the same time, South Carolina faces a critical need for more prison space to accommodate the projected increase in the inmate population. At a time when the state's prisons are becoming increasingly overcrowded, budgetary resources are becoming more limited and the future availability of capital improvement bonds for more prison construction is uncertain.

(B) To ensure that adequate space is available in state corrections facilities for violent and habitual offenders, a need exists for additional community correctional facilities to enable courts to sentence nonviolent offenders to these less costly community correctional facilities which enable the offenders to make restitution payments and otherwise compensate the community for their crimes and which require participation in programs emphasizing substance abuse, education, and mental health counseling.

(C) The need exists for South Carolina to create a plan from which the State can establish a partnership with local governments to meet the

Section 2-48-20. (A) The Department of Corrections and a county, a municipality, another local governmental entity, or a multi-jurisdictional entity may enter into contracts for the incarceration of state, county, or municipal jail inmates and all services necessary, appropriate, or incidental to the housing and care of the inmates.

(B) The Department of Corrections, with the approval of the governing body of the local or multi-jurisdictional entity provided in subsection (A), may construct community correctional facilities for alternative sentencing programs within a municipality, county, or multi-jurisdictional region if the General Assembly appropriates the necessary funds.

Section 2-48-30. Before construction of a community correctional facility pursuant to Section 2-48-20, tracts of land suitable for the construction of community corrections facilities must be provided by the county, municipality, or other local governmental or multi-jurisdictional entity involved. The title of the lands provided must be conveyed to the State of South Carolina. Upon the acquisition of the land in the name of the State, the State Budget and Control Board has the authority to convey the land to the Department of Corrections for the erection and construction of the facilities. The original construction costs and necessary equipment costs for the facilities must be paid by the State. These facilities must be constructed to the extent possible by utilizing inmate labor as determined appropriate by the Director of the Department of Corrections. Legal title to the facilities must be transferred to the State of South Carolina, as set forth in this chapter, and the facilities are the property of the Department of Corrections.

Section 2-48-40. The construction of community correctional facilities, as authorized pursuant to this chapter, provides the courts with a less costly alternative to committing offenders to more secure state correctional institutions and assists in the supervision and rehabilitation of drug and alcohol and other nonviolent offenders, who can be incarcerated safely in community correctional facilities. The facilities may be used for furthering the reintegration of offenders into the community before their release. Facilities established pursuant to this chapter must be available as a means of providing sentencing alternatives for persons sentenced to incarceration in a state correctional facility. However, upon the approval by the Director of the Department of Corrections, the facilities may be made available to persons who otherwise would be sentenced to incarceration in a jail of the county, municipality, other local

Section 2-48-50. Community correctional facilities constructed pursuant to this chapter may include:

(1) work camps or other minimum security facilities to house offenders who are assigned under Section 24-13-660 or 24-13-910;

(2) minimum security or nonsecure facilities to house former probationers who have violated the terms or conditions of their probation;

(3) minimum security or nonsecure residential drug treatment facilities to house nonviolent drug offenders who are required to reside in them while receiving outpatient substance abuse treatment and working or attending school;

(4) minimum security or nonsecure facilities to house persons who are required to reside in them while working to make restitution.

Section 2-48-60. Before the construction of a community correctional facility, as authorized pursuant to this chapter, the Department of Corrections shall establish a contract with the involved municipality, county, other local governmental entity, or multi-jurisdictional entity by which the involved local governing body agrees to:

(1) operate and manage the community correctional facility in accordance with the Minimum Standards for Local Detention Facilities in South Carolina;

(2) provide for the treatment, care, maintenance, employment, and rehabilitation of inmates in the community correctional facility. The municipality, county, other local governmental entity, or multi-jurisdictional entity must be reimbursed for the cost of caring for each state inmate as provided by contract. The contract also must:

(a) allow the governing body of the municipality, county, other local governmental entity, or multi-jurisdictional entity to rescind the contract by notification of its intention to rescind the contract at the beginning of the fiscal year. The recision is effective beginning the following fiscal year;

(b) provide that upon recision, the operation and management of the facilities constructed pursuant to this chapter and the care of the state inmates located at that facility revert to the Department of Corrections;

(c) provide that all inmates under the jurisdiction of the municipality, county, other local governmental entity, or multi-jurisdictional entity who are incarcerated at that facility must be returned to the custody of their respective governmental entities.

Section 2-48-70. This chapter does not preempt application of applicable zoning laws or regulations.

B. The 1976 Code is amended by adding:

"Section 14-1-240. As used in this section through Section 14-1-360:

(1) `Income' means a form of payment to an individual regardless of source including, but not limited to, wages, salary, commission, compensation as an independent contractor, workers' compensation, disability, annuity and retirement benefits, and other payments made by a person, or an agency or a department of the federal, the state, or a local government if the income excludes:

(a) the amounts required by law to be withheld, other than creditor claims including, but not limited to, federal, state, and local taxes, and social security and other retirement deductions and disability contributions;

(b) the amounts exempted by federal law;

(c) public assistance payments.

State or local laws which limit or exempt income or the amount or percentage of income that can be withheld do not apply.

(2) `Obligor' means an individual who is required, pursuant to a court order, to make payments for fines, surcharges, assessments, costs, or fees owed to the State.

(3) `Payor' means a payor of income to an obligor. For purposes of this definition, the South Carolina Employment Security Commission is not considered to be a payor.

Section 14-1-250. (A) All orders issued by a court for the payment of fines, surcharges, assessments, costs, or fees owed to the State entered or modified after June 30, 1995, must contain the obligor's social security number and a provision for income withholding procedures to take effect if a delinquency occurs. These orders must be construed to contain this withholding provision even if the provision has been omitted from the written order. The court may order withholding to begin immediately for good cause shown. The court shall make specified written findings to support immediate withholding.

(B) For each obligor against whom an order has been issued or modified before July 1, 1995, the order is presumed to contain a provision for income withholding procedures to take effect if a delinquency occurs without further amendment to the order or further action by the court.

(C) An obligor may petition the court at any time before the occurrence of a delinquency seeking an order for income withholding procedures to begin immediately.

Section 14-1-260. (A) When a delinquency occurs and where the Department of Probation and Community Supervision determines there is

(B) The notice of delinquency must inform the obligor that a delinquency has occurred and must recite the obligations of the obligor pursuant to the court order, the total amount of the arrearage as of the date of the notice, and the amount of income to be withheld. The notice clearly must state that a notice to withhold will be sent to the obligor's current or subsequent payor, income withholding will begin, and a judgment lien may be imposed against the obligor's personal or real property in the amount of the arrearage unless the obligor files a petition to stay service in accordance with Section 14-1-270.

Section 14-1-270. (A) The obligor may prevent a notice to withhold from being served on his payor and prevent the recording of the arrearage by filing a petition to stay service with the clerk of court with jurisdiction of the matter within ten days of the date that the notice of delinquency is postmarked. The grounds for granting the petition to stay service are limited to a dispute concerning the identity of the obligor or the existence or amount of the arrearage.

(B) Filing of a petition to stay service within the required ten days prohibits the clerk of court from serving the notice to withhold on a payor of the obligor and prohibits the recordation of the arrearage.

(C) Where a petition to stay service has been filed, a hearing on the petition must be held within thirty days of its filing. The obligor must be notified by the clerk of court of the date, time, and place of the hearing, and the court shall decide the matter, notify the obligor, and enter an order granting or denying relief or amending the notice of delinquency within forty-five days of the date the notice of delinquency was mailed to the obligor. If the court finds that a delinquency existed when the notice of delinquency was mailed, the court shall order immediate service of the notice to withhold and the arrearage may be recorded immediately. The court shall inform the obligor of the time frame within which withholding is to begin and shall provide the obligor in writing with the information contained in the notice to withhold to be served on the payor with respect to the withholding.

Section 14-1-280. (A) Twenty days following the mailing of the notice of the delinquency to the obligor and where no petition to stay service has been filed, the clerk of court shall serve a notice to withhold on the payor or its agent by regular mail and may record the arrearage.

(B) The notice to withhold must:

(1) direct a payor to withhold at the obligor's regularly scheduled pay periods a reasonable amount to be paid toward satisfaction of the debt owed the State and to withhold an additional amount toward an arrearage owed to the State until the arrearage is paid in full. The amounts to be withheld under this item may not exceed the limits set forth by the Federal Consumer Credit Protection Act (15 U.S.C. Section 1673(b));

(2) state the rights, responsibilities, and liabilities of the payor under this section.

(C) The payor shall deduct the designated amount pursuant to the notice to withhold beginning no later than the next regularly scheduled pay period following the pay period during which the payor was served. Payors do not need to change their regular payroll pattern and may combine all withheld amounts into one check for a particular clerk of court with an itemized statement showing accounts attributable to each obligor. For each instance of withholding of income, the payor may receive a fee of up to three dollars to be deducted from the income of the obligor in addition to the amounts withheld pursuant to the notice to withhold, unless the fee is waived by the payor.

(D) Where there is more than one notice to withhold on a single obligor, the payor shall comply with the notices by withholding the amounts designated in the notices to the extent possible pursuant to the Federal Consumer Credit Protection Act. If the payor cannot comply fully with the notices because the amounts to be withheld would exceed the limits under the Federal Consumer Credit Protection Act, the payor shall notify the court in writing as to its reasons for failing to comply fully.

(E) The payor promptly shall pay the amount withheld to the clerk of court, in accordance with the notice to withhold and in accordance with

| Printed Page 7600, June 1 | Printed Page 7620, June 1 |