1994 Permanent House Journal Printed Pages 8130-8145 - South Carolina Legislature Online

Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

Printed Page 8120, June 2 | Printed Page 8145, June 2

Printed Page 8130 . . . . . Thursday, June 2, 1994

(R580) H. 4070 -- Reps. Sheheen and Wilkins: AN ACT TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO DEFINE THE TERM "OFFICIAL CAPACITY" AND TO PROVIDE THAT A PERSON IS CONSIDERED A LOBBYIST PRINCIPAL ONLY AS TO THE PUBLIC OFFICE OR PUBLIC BODY TO WHICH HE HAS AUTHORIZED A LOBBYIST TO ENGAGE IN LOBBYING; TO AMEND SECTION 2-17-20, AS AMENDED, RELATING TO THE REGISTRATION OF LOBBYISTS, SO AS TO PROVIDE THAT THE REGISTRATION MUST CONTAIN AN IDENTIFICATION OF THE PUBLIC OFFICE OR PUBLIC BODY WHICH THE LOBBYIST WILL ENGAGE IN LOBBYING, AND ADD TO THE REQUIREMENTS OF THE REGISTRATION FORM THAT IF A LOBBYIST FAILS TO IDENTIFY THE PUBLIC OFFICE OR PUBLIC BODY FOR WHICH HE IS AUTHORIZED TO ENGAGE IN LOBBYING THEN THE LOBBYIST'S PRINCIPAL FOR WHOM THE LOBBYIST IS AUTHORIZED TO ENGAGE IN LOBBYING IS DEEMED A LOBBYIST PRINCIPAL AS TO ALL OFFICES OR PUBLIC BODIES OF THE STATE; TO AMEND SECTION 2-17-25, RELATING TO THE REGISTRATION OF LOBBYIST'S PRINCIPAL, SO AS TO PROVIDE THAT IF THE LOBBYIST PRINCIPAL FAILS TO IDENTIFY THE PUBLIC OFFICE OR PUBLIC BODY FOR WHICH HE HAS AUTHORIZED LOBBYING, THEN THE LOBBYIST'S PRINCIPAL IS DEEMED A LOBBYIST'S PRINCIPAL AS TO ALL PUBLIC OFFICES OR PUBLIC BODIES OF THE STATE; TO AMEND SECTION 2-17-30, AS AMENDED, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO

Printed Page 8131 . . . . . Thursday, June 2, 1994

CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-65, RELATING TO THE REVIEW OF REPORTS FOR COMPLIANCE BY THE STATE ETHICS COMMISSION, SO AS TO DELETE THE AUTHORITY OF THE ATTORNEY GENERAL TO PROCEED UNDER THE PROVISIONS OF SECTION 2-17-70 AND AUTHORIZE THE ETHICS COMMISSION TO FILE A COMPLAINT AGAINST THE PERSON IN ACCORDANCE WITH THE PROVISIONS OF SECTION 8-13-320; TO AMEND SECTION 2-17-90, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO PROVIDE THAT A PUBLIC OFFICIAL OR PUBLIC EMPLOYEE MAY ACCEPT LODGING, TRANSPORTATION, ENTERTAINMENT, FOOD, MEALS, BEVERAGES, OR AN INVITATION TO A FUNCTION PAID FOR BY A LOBBYIST'S PRINCIPAL IF IT IS PROVIDED FOR THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE SOLELY ON THE BASIS THAT THE SPOUSE OF THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE IS AN OFFICIAL OR AN EMPLOYEE OF THE PROVIDING LOBBYIST'S PRINCIPAL AND THE SPOUSE IS RECEIVING THE LODGING, TRANSPORTATION, ENTERTAINMENT, FOOD, MEALS, BEVERAGES, OR AN INVITATION CLEARLY INCIDENTAL TO THE SPOUSE'S OFFICE OR EMPLOYMENT WITH THE LOBBYIST'S PRINCIPAL AND THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE IS RECEIVING IT ONLY AS THE SPOUSE OF AN OFFICIAL OR EMPLOYEE OF THE PROVIDING LOBBYIST'S PRINCIPAL; TO AMEND SECTION 2-17-100, AS AMENDED, RELATING TO THE PROHIBITION ON PUBLIC OFFICIALS OR EMPLOYEES RECEIVING COMPENSATION FOR SPEAKING BEFORE AUDIENCES AND EXCEPTIONS AND RULES FOR PAYMENT OF EXPENSES, SO AS TO PROVIDE THAT A PUBLIC OFFICIAL, A PUBLIC MEMBER, OR A PUBLIC EMPLOYEE ACTING IN AN OFFICIAL CAPACITY MAY NOT RECEIVE ANYTHING OF VALUE FROM A LOBBYIST'S PRINCIPAL FOR SPEAKING BEFORE A PUBLIC OR PRIVATE GROUP, AND THAT A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS NOT PROHIBITED BY THIS SECTION FROM ACCEPTING A MEAL PROVIDED IN CONJUNCTION WITH THE SPEAKING ENGAGEMENT WHERE ALL PARTICIPANTS ARE ENTITLED TO

Printed Page 8132 . . . . . Thursday, June 2, 1994

THE SAME MEAL AND THE MEAL IS INCIDENTAL TO THE SPEAKING ENGAGEMENT, AND PROVIDE THAT THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE REQUIRED TO FILE A STATEMENT OF ECONOMIC INTEREST UNDER SECTION 8-13-1110 MUST REPORT ON HIS STATEMENT THE ORGANIZATION WHICH PAID FOR OR REIMBURSED ACTUAL EXPENSES, THE AMOUNT OF THE PAYMENT OR REIMBURSEMENT, AND THE PURPOSE, DATE, AND LOCATION OF THE SPEAKING ENGAGEMENT, REQUIRE THAT THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE NOT REQUIRED TO FILE A STATEMENT OF ECONOMIC INTEREST OR TO WHOM IS PAID OR REIMBURSED ACTUAL EXPENSES FOR SPEAKING MUST REPORT THE SAME INFORMATION IN WRITING TO THE CHIEF ADMINISTRATIVE OFFICIAL OR EMPLOYEE OF THE AGENCY WITH WHICH THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE IS ASSOCIATED, TO PROVIDE THAT IF THE EXPENSES ARE INCURRED OUT OF STATE THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE MUST RECEIVE PRIOR WRITTEN APPROVAL FROM THE CHIEF EXECUTIVE OF THE DEPARTMENT OF THE STATE OR ANY STATE BOARD, COMMISSION, AGENCY, OR AUTHORITY, INCLUDING COMMITTEES OF ANY BODY BY WHATEVER NAME KNOWN, IN ALL OTHER CASES; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF LAW ON ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM, SO AS TO CLARIFY IN THE DEFINITION OF "CANDIDATE" THAT IT ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED IF THE PERSON HAS KNOWLEDGE OF THE SOLICITATION, TO INCLUDE WITHIN A DEFINITION "ELECTION" THAT IT ALSO MEANS A BALLOT MEASURE, AND TO PROVIDE A DEFINITION OF "OFFICIAL CAPACITY" AND "STATE BOARD, COMMISSION, OR COUNCIL"; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE THAT A PERSON CHARGED WITH A VIOLATION OF CHAPTER 13, TITLE 8, IS ENTITLED TO THE ADMINISTRATIVE HEARING PROCESS CONTAINED IN SECTION 8-13-320, AND TO DELETE AND TO PROVIDE THAT THE APPROVAL OF THE CHAIRMAN INSTEAD OF AN AFFIRMATIVE VOTE OF A MAJORITY OF THE MEMBERS OF THE COMMISSION IS REQUIRED TO ISSUE SUBPOENAS FOR THE PROCUREMENT OF

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WITNESSES AND MATERIALS RELEVANT TO THE AGENCY'S INVESTIGATION; TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-325 SO AS TO PROVIDE THAT THE STATE ETHICS COMMISSION SHALL RETAIN FEES GENERATED BY THE REGISTRATION OF LOBBYISTS AND LOBBYIST'S PRINCIPALS TO OFFSET COSTS ASSOCIATED WITH THE ADMINISTRATION AND REGULATION OF LOBBYISTS AND LOBBYIST'S PRINCIPALS; TO AMEND SECTION 8-13-715, AS AMENDED, RELATING TO SPEAKING ENGAGEMENTS OF PUBLIC OFFICIALS, MEMBERS, OR EMPLOYEES, EXPENSE REIMBURSEMENT, AND AUTHORIZATION FOR REIMBURSEMENT OF OUT-OF-STATE EXPENSES, SO AS TO PROVIDE THAT A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS NOT PROHIBITED BY THIS SECTION FROM ACCEPTING A MEAL PROVIDED IN CONJUNCTION WITH THE SPEAKING ENGAGEMENT WHERE ALL PARTICIPANTS ARE ENTITLED TO THE SAME MEAL AND THE MEAL IS INCIDENTAL TO THE SPEAKING ENGAGEMENT, AND TO REQUIRE CERTAIN INFORMATION TO BE INCLUDED IN A STATEMENT OF ECONOMIC INTEREST BY THOSE INDIVIDUALS REQUIRED TO FILE THE STATEMENT, AND REQUIRE THAT THESE INDIVIDUALS WHO ARE NOT REQUIRED TO FILE A STATEMENT OF ECONOMIC INTEREST BUT WHO IS PAID OR REIMBURSED ACTUAL EXPENSES FOR A SPEAKING ENGAGEMENT MUST REPORT THIS INFORMATION IN WRITING TO THE CHIEF ADMINISTRATIVE OFFICIAL OR EMPLOYEE OF THE AGENCY WITH WHICH THE PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS ASSOCIATED; TO AMEND SECTION 8-13-740, AS AMENDED, RELATING TO REPRESENTATION OF ANOTHER BY A PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE BEFORE A GOVERNMENTAL ENTITY, SO AS TO REFERENCE AN AGENCY, UNIT, OR SUBUNIT OF THE COUNTY OR MUNICIPALITY, AND AN ENTITY ON THE SAME LEVEL OF GOVERNMENT, FOR WHICH THE PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE HAS AN OFFICIAL RESPONSIBILITY; TO AMEND SECTION 8-13-775, AS AMENDED, RELATING TO THE PROVISIONS OF LAW SPECIFYING THAT A PUBLIC OFFICIAL, MEMBER, OR AN EMPLOYEE WITH AN OFFICIAL FUNCTION RELATED TO CONTRACTS IS NOT PERMITTED TO HAVE AN ECONOMIC INTEREST IN THE CONTRACTS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT THE AWARD OF THE CONTRACTS AWARDED

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THROUGH A PROCESS OF PUBLIC NOTICE AND COMPETITIVE BIDS IF THE PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE HAS NOT PERFORMED AN OFFICIAL FUNCTION REGARDING THE CONTRACT; TO AMEND SECTION 8-13-785, RELATING TO COMMUNICATION BY AN ELECTED OFFICIAL WITH A STATE BOARD OR COMMISSION ON BEHALF OF A CONSTITUENT, SO AS TO DELETE PROVISIONS WHICH PROVIDED THAT THE PROVISIONS OF ARTICLES ONE THROUGH ELEVEN OF CHAPTER 13, DO NOT PROHIBIT A PUBLIC OFFICIAL FROM CONTRACTING WITH THE STATE OR A GOVERNMENTAL ENTITY WHEN THE CONTRACT IS AWARDED IN ACCORDANCE WITH CHAPTER 35 OF TITLE 11; TO AMEND SECTION 8-13-1110, AS AMENDED, RELATING TO PERSONS REQUIRED TO FILE A STATEMENT OF ECONOMIC INTEREST, SO AS TO DELETE REFERENCE TO "CONSULTANT"; TO AMEND SECTION 8-13-1120, AS AMENDED, RELATING TO THE CONTENTS OF THE STATEMENT OF ECONOMIC INTEREST, SO AS TO DELETE CERTAIN PROVISIONS REFERENCING PERSONAL PROPERTY, AND INCLUDE PROVISIONS WHICH REQUIRE THE NAME OF EACH ORGANIZATION WHICH PAID FOR OR REIMBURSED ACTUAL EXPENSES OF THE FILER FOR SPEAKING BEFORE A PUBLIC OR PRIVATE GROUP, THE AMOUNT OF SUCH PAYMENT FOR REIMBURSEMENT, AND THE PURPOSE, DATE, AND LOCATION OF THE SPEAKING ENGAGEMENT; TO AMEND SECTION 8-13-1120, AS AMENDED, RELATING TO THE CONTENTS OF THE STATEMENT OF ECONOMIC INTEREST, SO AS TO INCLUDE PROVISIONS WHERE A CREDITOR IS SUBJECT TO REGULATION BY THE FILER OR IS SEEKING OR HAS SOUGHT A BUSINESS OR FINANCIAL ARRANGEMENT WITH THE FILER'S AGENCY OR DEPARTMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-1125, SO AS TO PROVIDE THAT CERTAIN REPORTING REQUIREMENTS UNDER SECTION 8-13-1120 DO NOT APPLY TO AN EVENT WHICH A MEMBER OF THE GENERAL ASSEMBLY IS INVITED BY A LOBBYIST'S PRINCIPAL, REGARDLESS OF WHETHER OR NOT THE MEMBER ATTENDED THE EVENT, IF THE INVITATION IS EXTENDED TO THE ENTIRE MEMBERSHIP OF THE HOUSE, THE SENATE, OR THE GENERAL ASSEMBLY THEN THE INVITATION IS ACCEPTED BY THE HOUSE OR SENATE INVITATION COMMITTEES PURSUANT TO HOUSE OR SENATE RULES; TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-1127 SO AS TO PROVIDE THAT

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THE HOUSE AND THE SENATE INVITATION COMMITTEES SHALL KEEP AN UPDATED LIST OF ACCEPTED INVITATIONS, AND REQUIRE THE LIST TO BE AVAILABLE FOR PUBLIC INSPECTION DURING REGULAR BUSINESS HOURS; TO AMEND SECTION 8-13-1150, AS AMENDED, RELATING TO THE FILING OF A STATEMENT OF ECONOMIC INTEREST BY CERTAIN CONSULTANTS, SO AS TO DELETE A REFERENCE TO "STATEMENT OF ECONOMIC INTEREST"; TO AMEND SECTION 8-13-1160, AS AMENDED, RELATING TO FORWARDING OF COPIES OF THE STATEMENT OF ECONOMIC INTERESTS TO THE STATE ETHICS COMMISSION AND THE FILING PERSON'S COUNTY OF RESIDENCE, SO AS TO PROVIDE FOR THE FORWARDING OF THE STATEMENT WITHIN FIVE, RATHER THAN TWO, BUSINESS DAYS OF RECEIPT; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS UNDER "CAMPAIGN PRACTICES", SO AS TO PROVIDE THAT A "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED IF THE PERSON HAS THE KNOWLEDGE OF THE SOLICITATION, AND TO DELETE FROM THE DEFINITION OF "CONTRIBUTION" A REFERENCE TO BALLOT MEASURE, AND PROVIDE THAT "ELECTION" ALSO MEANS A BALLOT MEASURE, AND TO INCLUDE FROM THE DEFINITION OF "INDEPENDENT EXPENDITURE" AN EXPENDITURE MADE BY A PERSON TO ADVOCATE AN ELECTION OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE OR BALLOT MEASURE, AND TO DELETE FROM THE DEFINITION OF "NONCANDIDATE COMMITTEE" A REFERENCE TO BALLOT MEASURE; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO DELETE CERTAIN REFERENCES AND TO PROVIDE THAT FOLLOWING THE FILING OF AN INITIAL CERTIFIED CAMPAIGN REPORT, ADDITIONAL CERTIFIED CAMPAIGN REPORTS MUST BE FILED WITHIN TEN DAYS FOLLOWING THE END OF EACH CALENDAR QUARTER IN WHICH THE CONTRIBUTIONS ARE RECEIVED OR EXPENDITURES ARE MADE, WHETHER BEFORE OR AFTER AN ELECTION UNTIL THE CAMPAIGN ACCOUNT UNDERGOES FINAL DISBURSEMENT PURSUANT TO THE PROVISIONS OF SECTION 8-13-1370 AND TO CHANGE THE TIME FOR MAINTAINING OF A CURRENT LIST OF ALL CONTRIBUTIONS OF MORE THAN ONE HUNDRED DOLLARS

Printed Page 8136 . . . . . Thursday, June 2, 1994

FROM THE TWENTY-DAY PERIOD BEFORE THE ELECTION TO THE TIME COMMENCING AT THE BEGINNING OF THE CALENDAR QUARTER OF THE ELECTION, AND TO REQUIRE A COMMITTEE TO FILE A CAMPAIGN REPORT LISTING EXPENDITURES IF IT MAKES AN INDEPENDENT EXPENDITURE OR AN INCURRED EXPENDITURE WITHIN THE CALENDAR QUARTER IN WHICH THE ELECTION IS CONDUCTED OR TWENTY DAYS BEFORE THE ELECTION, WHICHEVER TIME IS GREATER INSTEAD OF TWENTY DAYS BEFORE THE ELECTION UNDER CERTAIN CIRCUMSTANCES, AND TO REQUIRE THAT CERTAIN REPORTS MUST BE COMBINED AND FILED UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO PROVIDE THAT THE SENATE ETHICS COMMITTEE AND THE HOUSE OF REPRESENTATIVES ETHICS COMMITTEE MUST FORWARD A COPY OF EACH STATEMENT FILED WITH IT TO THE STATE ETHICS COMMISSION WITHIN FIVE RATHER THAN TWO BUSINESS DAYS OF RECEIPT; TO AMEND SECTION 8-13-1346, AS AMENDED, RELATING TO THE PROHIBITION ON THE USE OF PUBLIC FUNDS, PROPERTY OR TIME TO INFLUENCE THE OUTCOME OF AN ELECTION, SO AS TO PROVIDE THAT THE SECTION DOES NOT PROHIBIT THE EXPENDITURE OF PUBLIC RESOURCES BY A GOVERNMENTAL ENTITY OR RESPONSE TO NEWS MEDIA OR CITIZENS' INQUIRIES CONCERNING A BALLOT MEASURE AFFECTING A GOVERNMENTAL ENTITY AND PROVIDE AN EXCEPTION; TO AMEND SECTION 8-13-1354, AS AMENDED, RELATING TO IDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR AN ELECTION-RELATED COMMUNICATION AND EXCEPTIONS, SO AS TO APPLY THE SECTION TO A CANDIDATE, COMMITTEE, OR OTHER PERSON RATHER THAN "A PERSON", AND APPLY THE SECTION TO MAKING AN EXPENDITURE, RATHER THAN "INDEPENDENT EXPENDITURE"; TO AMEND SECTION 8-13-1356, AS AMENDED, RELATING TO THE FILING OF THE STATEMENT OF ECONOMIC INTERESTS BY CANDIDATES FOR PUBLIC OFFICE, SO AS TO DELETE CERTAIN LANGUAGE RELATING TO TIME AFTER RECEIVING A CANDIDATE'S STATEMENT OF ECONOMIC INTEREST, AND PROVIDE THAT THE OFFICIAL WITH WHOM THE CANDIDATE FILES A DECLARATION OF CANDIDACY OR

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PETITION FOR NOMINATION NO LATER THAN FIVE BUSINESS DAYS AFTER CANDIDACY BOOKS CLOSE, MUST FILE A COPY OF THE STATEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-1374 SO AS TO PROVIDE THAT THE FAILURE TO FILE CERTAIN REPORTS OR STATEMENTS WITH THE APPROPRIATE SUPERVISORY OFFICE IS DEEMED TO HAVE OCCURRED IN RICHLAND COUNTY.

(R581) H. 4093 -- Reps. Harwell, G. Bailey, Sharpe, Kinon, Spearman and Jennings: AN ACT TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION IN CERTAIN CASES, SO AS TO INCREASE THIS JURISDICTION FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS EFFECTIVE JANUARY 1, 1996.

(R582) H. 4142 -- Reps. Quinn, Wright and Riser: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 25, TITLE 50, SO AS TO PROVIDE FOR RESTRICTIONS, NO WAKE ZONES, PENALTIES, AND FINE DISBURSEMENTS FOR WATERCRAFT ON LAKE MURRAY.

(R583) H. 4283 -- Reps. Barber, Jennings, Gonzales, Quinn, Harvin, Wells, Wright, Harrison, R. Smith, Fulmer, D. Wilder, Klauber, A. Young and Corning: AN ACT TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 43 RELATING TO CORPORATIONS SO AS TO ENACT THE "SOUTH CAROLINA LIMITED LIABILITY COMPANY ACT" WHICH PERMITS A LIMITED LIABILITY COMPANY FORMED PURSUANT TO THIS ACT TO BE TREATED AS A PARTNERSHIP FOR TAX PURPOSES TOGETHER WITH THE ABSENCE OF INDIVIDUAL LIABILITY OF THE MEMBERS OF THE LIMITED LIABILITY COMPANY FOR ITS OBLIGATIONS, WHICH PROVIDES FOR THE MANNER IN WHICH LIMITED LIABILITY COMPANIES ARE FORMED, FOR RELATIONS BETWEEN MEMBERS AND MANAGERS TO PERSONS DEALING WITH THE LIMITED LIABILITY COMPANIES, FOR THE RIGHTS AND DUTIES OF MEMBERS AND MANAGERS, FOR FINANCE MATTERS, FOR DISTRIBUTIONS AND WITHDRAWALS, FOR THE OWNERSHIP AND TRANSFER OF PROPERTY, FOR ADMISSION AND

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WITHDRAWAL OF MEMBERS, FOR DISSOLUTION, FOR THE MANNER IN WHICH FOREIGN LIMITED LIABILITY COMPANIES MAY OPERATE AND ARE GOVERNED, FOR PROFESSIONAL SERVICES LIMITED LIABILITY COMPANIES, FOR SUITS BY AND AGAINST THE LIMITED LIABILITY COMPANIES, FOR THE MERGER OF DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANIES, AND FOR MISCELLANEOUS PROVISIONS AFFECTING THE LIMITED LIABILITY COMPANIES INCLUDING FILING AND OTHER FEES; TO AMEND THE 1976 CODE BY ADDING SECTION 12-2-25 SO AS TO PROVIDE FOR CERTAIN DEFINITIONS FOR TAXATION PURPOSES INCORPORATING REFERENCES TO LIMITED LIABILITY COMPANIES; TO AMEND SECTION 33-41-20, RELATING TO DEFINITIONS IN REGARD TO THE UNIFORM PARTNERSHIP ACT, SO AS TO DEFINE "REGISTERED LIMITED LIABILITY PARTNERSHIP"; TO AMEND SECTION 33-41-210, RELATING TO THE DEFINITION OF A PARTNERSHIP AND ITS APPLICATION TO LIMITED PARTNERSHIPS, SO AS TO INCLUDE WITHIN THIS DEFINITION REGISTERED LIMITED LIABILITY PARTNERSHIPS; TO AMEND SECTIONS 33-41-370, 33-41-510, 33-41-960, 33-41-1010, AND 33-41-1060, RELATING IN GENERAL TO THE LIABILITY OF A PARTNER AND THE RIGHTS AND DUTIES OF A PARTNER, SO AS TO FURTHER PROVIDE FOR THIS LIABILITY INCLUDING PROVIDING THAT PARTNERS IN REGISTERED LIMITED LIABILITY PARTNERSHIPS ARE NOT LIABLE FOR THE NEGLIGENCE, WRONGFUL ACTS, OR MISCONDUCT COMMITTED BY ANOTHER PARTNER OR AN EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE PARTNERSHIP AND THAT PARTNERS IN REGISTERED LIMITED LIABILITY PARTNERSHIPS THAT RENDER PROFESSIONAL SERVICES ARE NOT LIABLE FOR THE NEGLIGENCE, WRONGFUL ACTS, MISCONDUCT, OR OMISSIONS OF OTHER PARTNERS, AGENTS, OR EMPLOYEES OF THE REGISTERED LIMITED LIABILITY PARTNERSHIP UNLESS THE PARTNER IS AT FAULT IN APPOINTING, SUPERVISING, OR COOPERATING WITH THEM; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 33-41-1110 THROUGH 33-41-1220 TO PROVIDE FOR THE WAY IN WHICH LIMITED LIABILITY PARTNERSHIPS ARE FORMED, FOR THE WAY IN WHICH FOREIGN LIMITED LIABILITY PARTNERSHIPS ARE FORMED AND ARE GOVERNED, AND FOR MISCELLANEOUS PROVISIONS AFFECTING LIMITED LIABILITY PARTNERSHIPS.

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(R584) H. 4288 -- Reps. Shissias, Harrison, Gamble, Waites, Felder, Worley, Beatty, Kelley, Littlejohn, McElveen, Delleney, Klauber, Phillips, D. Wilder, Corning, Wright, Keyserling, Stone, Davenport, Witherspoon, Thomas, Baxley and Stoddard: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2735 SO AS TO ESTABLISH EDUCATIONAL REQUIREMENTS FOR CAREGIVERS IN CHILD DAY CARE CENTERS AFTER JUNE 30, 1994, AND TO PROVIDE AN EXCEPTION.

(R585) H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: AN ACT TO AMEND SECTION 16-1-20, AS AMENDED, 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 AND TO FURTHER PROVIDE THAT THIS PROVISION DOES NOT APPLY WHEN THE OFFENSE PROHIBITS SUSPENSION OF ANY PART OF THE SENTENCE; TO AMEND SECTION 16-1-57, RELATING TO THE CLASSIFICATION OF REPEAT OFFENDERS FOR CERTAIN PROPERTY CRIMES, SO AS TO PROVIDE THAT THIRD OR SUBSEQUENT OFFENSES ARE CLASS E FELONIES; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO ADD THE OFFENSE OF TRAFFICKING IN CRACK COCAINE, AND THE OFFENSE OF ENGAGING A CHILD FOR A SEXUAL PERFORMANCE, AND TO INCLUDE ACCESSORY AND ATTEMPT TO COMMIT ANY VIOLENT CRIME AS A VIOLENT CRIME AND TO REPEAL THE PROVISION REQUIRING THE CRIME TO BE DEFINED AS A VIOLENT CRIME AT THE TIME IT WAS COMMITTED; TO AMEND SECTION 16-11-330, AS AMENDED, RELATING TO ARMED ROBBERY, SO AS TO REQUIRE A MANDATORY MINIMUM TERM OF IMPRISONMENT OF NOT LESS THAN TEN YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; TO AMEND SECTION 16-13-10, AS AMENDED, RELATING TO FORGERY, SECTION 16-13-210, AS AMENDED, RELATING TO EMBEZZLEMENT, SECTION 16-13-385, AS AMENDED, RELATING TO TAMPERING OF UTILITY METERS, AND SECTION 16-13-425, AS AMENDED, RELATING TO THE FAILURE TO RETURN VIDEO AND CASSETTE TAPES, SO AS TO REVISE THE PENALTIES FOR THESE OFFENSES; TO AMEND SECTION 16-14-20, SECTIONS

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16-14-40, AS AMENDED, 16-14-60, AS AMENDED, AND 16-14-70, AS AMENDED, RELATING TO FINANCIAL TRANSACTION CARD FRAUD, SO AS TO REVISE THE PENALTIES FOR THESE OFFENSES; TO AMEND SECTION 16-15-305, RELATING TO OBSCENITY, SO AS TO INCREASE THE PENALTY TO CONFORM WITH THE CRIME CLASSIFICATION ACT OF 1993; TO ADD SECTION 16-25-90 SO AS TO PROVIDE THE TIME WHICH MUST BE SERVED BY AN INMATE WHO HAS PRESENTED EVIDENCE OF CRIMINAL DOMESTIC VIOLENCE IN CONNECTION WITH THEIR OFFENSE; TO ADD 17-23-170 SO AS TO PROVIDE FOR THE ADMISSIBILITY OF EVIDENCE OF BATTERED SPOUSE SYNDROME IN A CRIMINAL ACTION; TO AMEND SECTION 22-3-545, AS AMENDED, RELATING TO THE TEMPORARY AUTHORITY TO TRANSFER CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S COURT, SO AS TO MAKE PERMANENT THE AUTHORITY TO TRANSFER THESE CASES; TO AMEND SECTIONS 44-53-370, AS AMENDED, AND 44-53-375, AS AMENDED, RELATING TO TRAFFICKING IN CERTAIN CONTROLLED SUBSTANCES AND CRACK COCAINE, RESPECTIVELY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH; AND TO PROVIDE FOR THE PROSPECTIVE AND RETROSPECTIVE APPLICATION OF THE PROVISIONS OF THIS ACT; TO REPEAL CHAPTER 25 OF TITLE 2 RELATING TO THE CRIME STUDY COMMITTEE; TO AMEND SECTION 22-3-545, AS AMENDED, RELATING TO THE TEMPORARY AUTHORITY TO TRANSFER CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S COURT, SO AS TO VEST THE AUTHORITY TO HEAR A PETITION IN A CIRCUIT COURT JUDGE; TO AMEND, AS AMENDED, 17-22-60, AS AMENDED, RELATING TO PRETRIAL INTERVENTION SO AS TO REMOVE THE AGE REQUIREMENT; TO AMEND SECTION 20-7-390, RELATING TO THE DEFINITION OF "CHILD", SO AS TO REVISE THIS DEFINITION WITH REGARD TO CERTAIN CRIMES; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JURISDICTION OF JUVENILES FROM ONE COURT TO ANOTHER SO AS TO REVISE THE REQUIREMENTS FOR TRANSFERRING JURISDICTION; TO AMEND SECTION 20-7-770, AS AMENDED, RELATING TO RELEASE OF A JUVENILE'S RECORD, SO AS TO PROVIDE ACCESS TO THESE RECORDS FOR LAW ENFORCEMENT; TO

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AMEND SECTION 20-7-780, RELATING TO RECORDS, FINGERPRINTING, AND PHOTOGRAPHS OF JUVENILES, SO AS TO FURTHER PROVIDE UNDER WHAT CIRCUMSTANCES RECORDS ARE OPEN TO THE PUBLIC, THE IDENTITY OR PICTURE OF A CHILD MAY BE PUBLISHED BY THE MEDIA, FINGERPRINTS MAY BE TAKEN, AND RECORDS MAY BE TRANSFERRED TO OTHER LAW ENFORCEMENT AGENCIES; TO AMEND SECTION 20-7-3300, AS AMENDED, RELATING TO JUVENILE'S RECORDS, SO AS TO PROVIDE CERTAIN CIRCUMSTANCES UNDER WHICH A JUVENILE'S RECORD IS PROVIDED TO A SCHOOL; TO AMEND SECTION 23-3-120, AS AMENDED, RELATING TO CRIMINAL INFORMATION REPORTED TO SLED, SO AS TO REQUIRE REPORTING ON JUVENILES; TO AMEND SECTION 24-19-10, RELATING TO THE YOUTHFUL OFFENDER ACT SO AS TO REVISE THE DEFINITION OF `YOUTHFUL OFFENDER'; TO AMEND 20-7-600, AS AMENDED, RELATING TO PREADJUDICATORY DETENTION OF JUVENILES, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES FOR DETENTION; TO AMEND SECTION 20-7-2115, AS AMENDED, RELATING TO THE JUVENILE PAROLE BOARD, SO AS TO AUTHORIZE THE BOARD RATHER THAN THE DEPARTMENT OF SOCIAL SERVICES TO EMPLOY A DIRECTOR; TO ADD SECTION 24-3-93 SO AS PROHIBIT PRISONERS FROM WEARING JEWELRY AND TO PROVIDE EXCEPTIONS; TO ADD SECTION 16-1-120 SO AS TO PROVIDE FOR INCREASED SENTENCING OF OFFENDERS FOR SUBSEQUENT OFFENSES; TO ADD SECTION 24-3-81 AND TO ADD SECTION 24-3-951 SO AS TO PROHIBIT PRISONERS FROM HAVING CONJUGAL VISITS AND FROM POSSESSING UNITED STATES CURRENCY AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 24-21-10 SO AS TO PROVIDE PROCEDURES FOR FILLING VACANCIES ON THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES; TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO ENACT THE COMMUNITY CORRECTIONS INCENTIVE ACT TO ENABLE COURTS TO SENTENCE NONVIOLENT OFFENDERS TO LESS COSTLY COMMUNITY CORRECTIONAL FACILITIES FOR HOUSING BOTH STATE AND LOCAL INMATES IN ALTERNATIVE SENTENCING PROGRAMS; BY ADDING SECTION 17-27-45 SO AS TO PROVIDE THAT AN APPLICATION FOR RELIEF FILED PURSUANT TO THE UNIFORM POST CONVICTION PROCEDURE ACT MUST BE FILED WITHIN ONE YEAR AFTER THE ENTRY OF

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A JUDGMENT OF CONVICTION, OR WITHIN ONE YEAR AFTER THE SENDING OF THE REMITTITUR TO THE LOWER COURT FROM AN APPEAL, OR THE FILING OF THE FINAL DECISION UPON AN APPEAL, WHICHEVER IS LATER, AND TO PROVIDE A DIFFERENT TIME UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 22-5-580 SO TO ESTABLISH A STATEWIDE PRETRIAL CLASSIFICATION PROGRAM FOR THE IMPROVEMENT OF MAGISTRATES' COLLECTIONS AND CONSIDERATION OF INFORMATION CONCERNING THE RELEASE OF PERSONS PLACED IN JAIL PENDING DISPOSITION OF CRIMINAL CHARGES; BY ADDING SECTION 24-3-25 SO AS TO AUTHORIZE THE GOVERNING BODIES OF COUNTIES OR MUNICIPALITIES TO ESTABLISH LOCAL REGIONAL CORRECTIONAL FACILITIES FOR THE CONFINEMENT OF PERSONS AWAITING TRIAL OR SENTENCED ON CRIMINAL CHARGES, CONVICTED AND SENTENCED ON CRIMINAL CHARGES, OR NOT OTHERWISE ELIGIBLE FOR CONFINEMENT IN STATE OR OTHER FACILITIES; BY ADDING SECTION 24-3-430 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH A PROGRAM INVOLVING THE USE OF INMATE LABOR IN PRIVATE INDUSTRY; BY ADDING SECTION 24-13-80 SO AS TO AUTHORIZE A COUNTY OR MUNICIPAL ADMINISTRATOR OR THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH CRITERIA FOR A REASONABLE DEDUCTION FOR MONEY CREDITED TO THE ACCOUNT OF AN INMATE TO REPAY CERTAIN COSTS; BY ADDING ARTICLE 19, CHAPTER 13, TITLE 24 SO AS TO ESTABLISH THE CENTER FOR ALCOHOL AND DRUG REHABILITATION; TO AMEND SECTIONS 24-26-20, 24-26-30, 24-26-40, AND 24-26-50 ALL RELATING TO THE SENTENCING GUIDELINES COMMISSION AND TO ADD SECTION 24-26-60, SO AS TO FURTHER PROVIDE FOR ITS MEMBERSHIP AND ITS DUTIES; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS UNDER THE STATE PROCUREMENT CODE, SO AS TO EXEMPT THE PURCHASE OF GOODS AND SERVICES MADE BY STATE PRISON INDUSTRIES; TO AMEND SECTION 17-25-70, RELATING TO CONVICTED PRISONERS PERFORMING LABOR SERVICES TO GOVERNMENTAL ENTITIES, SO AS TO FURTHER PROVIDE FOR THE SCOPE OF SUCH LABOR; TO AMEND SECTIONS 24-3-30 AND 24-3-40, RELATING TO THE DETENTION AND USE OF PRISONERS TO PERFORM SERVICES FOR GOVERNMENTAL ENTITIES, SO AS TO PROVIDE FOR

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CONTRACTS RELATING TO THEIR DETENTION AND PROVIDE THAT WAGES EARNED BY A PRISONER IN A PRISON INDUSTRY PROGRAM MUST BE PAID TO THE DEPARTMENT OF CORRECTIONS FOR DISBURSEMENT TO THE PRISONER; TO AMEND SECTION 24-3-330, AS AMENDED, RELATING TO THE PURCHASE OF PRODUCTS PRODUCED BY CONVICT LABOR BY THE STATE OR POLITICAL SUBDIVISIONS, SO AS TO REQUIRE THE MATERIALS MANAGEMENT OFFICE OF THE DIVISION OF GENERAL SERVICES TO MONITOR THE COOPERATION OF STATE OFFICES, DEPARTMENTS, INSTITUTIONS, AND AGENCIES IN THE PROCUREMENT OF GOODS, PRODUCTS, AND SERVICES FROM THE DIVISION OF PRISON INDUSTRIES OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-3-360, AS AMENDED, RELATING TO THE ANNUAL PREPARATION OF CATALOGUES DESCRIBING ARTICLES PRODUCED BY CONVICT LABOR, SO AS TO ALLOW A STATE OFFICE, DEPARTMENT, INSTITUTION, OR AGENCY OR A POLITICAL SUBDIVISION OF THIS STATE TO CONTACT AND REQUEST THE DEPARTMENT OF CORRECTIONS TO MANUFACTURE OR PRODUCE ARTICLES OR PRODUCTS SIMILAR, BUT NOT IDENTICAL TO, ARTICLES OR PRODUCTS LISTED IN THE CATALOGUE; TO AMEND SECTION 24-13-1530, AS AMENDED, RELATING TO CORRECTIONAL PROGRAMS FOR WHICH HOME DETENTION MAY BE SUBSTITUTED, SO AS TO AUTHORIZE LOCAL GOVERNMENTS TO ESTABLISH BY ORDINANCE THE SAME ALTERNATIVE TO INCARCERATIONS FOR PERSONS WHO ARE AWAITING TRIAL AND FOR OFFENDERS WHOSE SENTENCES DO NOT PLACE THEM IN CUSTODY OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-13-1560, AS AMENDED, RELATING TO THE USE OF ELECTRONIC MONITORING DEVICES, SO AS TO PROVIDE THAT THE DEVICE MUST BE USED IN ACCORDANCE WITH THE DEPARTMENT'S INSTRUCTIONS; TO AMEND SECTION 40-5-310, RELATING TO THE PRACTICE OF LAW, SO AS TO INCREASE THE PENALTIES FOR THE UNLAWFUL PRACTICE OF LAW; TO AMEND SECTION 41-27-260, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, SO AS TO EXEMPT CERTAIN SERVICES PERFORMED BY PRISONERS; TO REPEAL SECTION 24-3-35, RELATING TO THE USE OF COUNTY PRISONERS FOR LITTER REMOVAL WORK, AND SECTIONS 24-7-10, 24-7-20, 24-7-30, 24-7-40, 24-7-50, 24-7-90, AND 24-7-100 ALL RELATING TO

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COUNTY CHAINGANGS; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO SUBMIT TO THE GENERAL ASSEMBLY, NO LATER THAN THE FIRST DAY OF THE 1995 LEGISLATIVE SESSION, A REPORT CONTAINING CERTAIN INFORMATION REGARDING PRISON INDUSTRIES AND AGRICULTURAL AND LITTER CONTROL PROGRAMS; TO DIRECT THE DEPARTMENT OF JUVENILE JUSTICE TO DEVELOP A LONG-TERM PLAN FOR THE PROVISION OF SERVICES TO JUVENILE OFFENDERS; TO ADD SECTION 20-7-753 SO AS TO AUTHORIZE THE FAMILY COURT TO DESIGNATE A LEAD STATE AGENCY TO CONDUCT A FAMILY ASSESSMENT AND RECOMMEND A SERVICE PLAN FOR FAMILIES WHEN A CHILD IS BROUGHT BEFORE THE FAMILY COURT IN A JUVENILE DELINQUENCY PROCEEDING; TO REQUIRE THE COURT TO REVIEW THE ASSESSMENT AND ADOPT A PLAN THAT WILL SERVE THE BEST INTERESTS OF THE CHILD; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO ORDER PARENTS OF A CHILD BROUGHT BEFORE THE COURT ON A DELINQUENCY MATTER TO COOPERATE WITH AND PARTICIPATE IN A PLAN ADOPTED BY THE COURT TO SERVE THE BEST INTERESTS OF THE CHILD; TO AMEND SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL SERVICES FOR JUVENILES, SO AS TO REQUIRE THE DEPARTMENT OF JUVENILE JUSTICE TO PROVIDE EDUCATIONAL SERVICES TO PREADJUDICATORY JUVENILES IN ITS CUSTODY; TO ADD SECTIONS 59-66-20 AND 59-66-30 SO AS TO PROVIDE FOR SAFETY COORDINATORS IN SCHOOLS AND METAL DETECTORS IF FUNDS ARE AVAILABLE; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO DETENTION, CUSTODY, AND RECORDS OF A CHILD FOUND VIOLATING THE LAW, SO AS TO REQUIRE A LAW ENFORCEMENT OFFICER TAKING A CHILD INTO CUSTODY FOR CERTAIN OFFENSES TO NOTIFY THE PRINCIPAL OF THE SCHOOL OF THE NATURE OF THE OFFENSE AND TO RESTRICT THE USE OF THIS INFORMATION; TO AMEND SECTION 20-7-3230, AS AMENDED, RELATING TO PREADJUDICATORY DETENTION OF JUVENILES, SO AS TO PROVIDE THAT THE GOVERNING BODY OF THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE OFFENSE OCCURRED IS RESPONSIBLE TO PAY FOR THESE DETENTION SERVICES; TO CLARIFY THE DELETION OF A REPEAL RELATING TO THE SENTENCING GUIDELINES

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COMMISSION; AND TO AMEND SECTION 24-26-10, RELATING TO THE SENTENCING GUIDELINES COMMISSION, SO AS TO FURTHER PROVIDE FOR THE MEMBERSHIP OF THE COMMISSION; TO AMEND SECTIONS 24-9-20 AND 24-9-30, BOTH AS AMENDED, BOTH RELATING TO PRISON FACILITIES SO AS TO FURTHER PROVIDE FOR THE INSPECTION OF LOCAL CONFINEMENT FACILITIES; AND TO AMEND SECTION 20-7-2205, AS AMENDED, RELATING TO STATUS OFFENDERS, SO AS TO INCLUDE A CHILD WHO IS IN CONTEMPT OF COURT.

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