of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994
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| Return to H.Bill Links | Contents | S. Bills | Committee | Personal | Subject | Journal | Etc. |
H. 5014 -- Reps. Kelley, Keegan and Witherspoon: A BILL TO AMEND SECTION 12-27-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE GASOLINE TAX ON GASOLINE SALES FOR STATE-OWNED SCHOOL BUSES AND OTHER PUPIL TRANSPORTATION PROGRAMS, SO AS TO EXTEND THE EXEMPTION TO BUSES USED IN THE HEAD START PROGRAM; AND TO AMEND SECTION 12-29-325, RELATING TO THE EXEMPTION FROM THE MOTOR FUEL TAX ON MOTOR FUEL SALES FOR STATE-OWNED SCHOOL BUSES AND OTHER PUPIL TRANSPORTATION PROGRAMS, SO AS TO EXTEND THE EXEMPTION TO BUSES USED IN THE HEAD START PROGRAM.
H. 5015 -- Rep. Harrison: A BILL TO AMEND SECTION 58-17-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A PURCHASER OF A RAILROAD SHALL REORGANIZE AND COMMENCE OPERATION WITHIN SIXTY DAYS, SO AS TO PROVIDE THAT A PURCHASE FOR PURPOSES OF THIS SECTION INCLUDES A FORECLOSURE AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ACQUISITIONS OF RAILROADS BY MERGER OR CONSOLIDATION, AND TO AMEND SECTIONS 58-17-610 AND 58-17-620, RELATING TO MERGER OR CONSOLIDATION OF RAILROAD COMPANIES, SO AS TO PROVIDE THAT THE MERGER OF RAILROAD COMPANIES AND THE PROCEDURES THEREFOR SHALL BE GOVERNED BY THE PROVISIONS OF THE SOUTH CAROLINA BUSINESS CORPORATION ACT, AND THE CONSOLIDATION OF RAILROAD COMPANIES AND THE PROCEDURES THEREFOR SHALL CONTINUE TO BE GOVERNED BY THE PROVISIONS OF THE GENERAL RAILROAD LAW.
H. 5016 -- Rep. Robinson: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXCLUDE FROM THE DEFINITION FEES IMPOSED ON THE SALE OF MOTOR OIL, NEW TIRES, LEAD-ACID BATTERIES, AND WHITE GOODS PURSUANT TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991.
H. 5017 -- Rep. J. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-165 SO AS TO REQUIRE PARTIES IN A DIVORCE ACTION TO ATTEND AND COMPLETE A SEMINAR ADDRESSING THE EFFECT OF DIVORCE ON CHILDREN BEFORE A DIVORCE MAY BE GRANTED.
H. 5018 -- Rep. J. Wilder: A BILL TO AMEND SECTION 59-32-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPREHENSIVE HEALTH EDUCATION ACT DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "FAMILY LIFE EDUCATION" TO INCLUDE PARENTING SKILLS, AND TO AMEND SECTION 59-32-30, RELATING TO IMPLEMENTATION, GUIDELINES, AND RESTRICTIONS ON THE COMPREHENSIVE HEALTH EDUCATION PROGRAM, SO AS TO REQUIRE FAMILY LIFE EDUCATION FOR CERTAIN GRADE LEVELS.
H. 5019 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-115-15 SO AS TO ADD THE DEFINITION OF "HEALTH CARE PROVIDER"; AND TO AMEND TITLE 44, CHAPTER 115, RELATING TO THE PHYSICIANS' PATIENT RECORDS ACT, SO AS TO CHANGE THIS CHAPTER TO THE "PATIENT MEDICAL RECORDS ACT" AND TO CHANGE REFERENCES FROM "PHYSICIAN" TO "HEALTH CARE PROVIDER" THROUGHOUT THE CHAPTER.
H. 5020 -- Reps. Houck, Harwell, McKay and Hines: A BILL TO AMEND ACT 92 OF 1924, AS AMENDED, RELATING TO THE PARK COMMISSION FOR THE CITY OF FLORENCE, SO AS TO DECREASE THE MEMBERSHIP FROM SIXTEEN TO SEVEN AND TO PROVIDE FOR THEIR ELECTION AND STAGGERED TERMS.
H. 5021 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.
H. 5022 -- Rep. Cromer: A BILL TO AMEND SECTION 56-3-1975, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION OF HANDICAPPED PARKING SPACES, SO AS TO PROVIDE THAT A VEHICLE PROPERLY DISPLAYING A DISTINGUISHING LICENSE PLATE OR PLACARD FOR THE HANDICAPPED MAY BE PARKED IN ANY PARKING SPACE IDENTIFIED AS A HANDICAPPED PARKING SPACE.
H. 5023 -- Reps. Sturkie, Koon, H. Brown, Law, Hallman, Littlejohn, Shissias, Corning, G. Bailey, Scott, Sharpe, Wright, Hutson, R. Smith, Stille, J. Brown, McLeod, Witherspoon, Quinn, Stuart, Riser, P. Harris, Lanford, Trotter, Cobb-Hunter, Wells, Davenport and Jaskwhich: A BILL TO AMEND CHAPTER 36 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 SO AS TO ENACT THE PROPERTY TAX RELIEF SALES TAX ACT WHICH IMPOSES AN ADDITIONAL THREE AND ONE-HALF PERCENT SALES TAX, THE REVENUE FROM WHICH SHALL BE USED TO REDUCE AND ELIMINATE AD VALOREM PROPERTY TAXES ON A PHASED-IN BASIS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO REVISE AND DELETE CERTAIN EXEMPTIONS AND ADD AN EXEMPTION PERTAINING TO THE SALE OF UNPREPARED FOOD; TO AMEND SECTION 12-36-2110, RELATING TO THE MAXIMUM SALES TAX ON THE SALE OR LEASE OF CERTAIN ITEMS, SO AS TO PROVIDE THAT SUCH MAXIMUM TAX INSTEAD OF THREE HUNDRED DOLLARS FOR THE SALE OF SPECIFIED ITEMS SHALL BE FOUR AND ONE-HALF PERCENT OF THE SALES PRICE, AND TO REPEAL CHAPTER 10 OF TITLE 4 RELATING TO THE LOCAL OPTION SALES TAX, CHAPTER 27 OF TITLE 6 RELATING TO THE STATE AID TO SUBDIVISIONS ACT, SECTIONS 4-29-67 THROUGH 4-29-80 RELATING TO FEES IN LIEU OF TAXES AND SPECIAL SOURCE REVENUE BONDS, AND SECTIONS 12-37-250 THROUGH 12-37-295 RELATING TO HOMESTEAD EXEMPTIONS AND THE REIMBURSEMENT TO COUNTIES AND OTHER POLITICAL SUBDIVISIONS FOR REVENUE LOST AS A RESULT OF THESE EXEMPTIONS.
H. 5024 -- Reps. J. Brown, Anderson, Beatty, Breeland, Byrd, Canty, Cobb-Hunter, Govan, Hines, Inabinett, Kennedy, McMahand, Moody-Lawrence, Neal, Scott, Whipper, White and Williams: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE SAMUEL FOSTER OF YORK COUNTY, OUR DISTINGUISHED FORMER COLLEAGUE IN THE GENERAL ASSEMBLY AND OUR GOOD FRIEND, UPON HIS INDUCTION INTO THE MORRIS COLLEGE ATHLETIC HALL OF FAME.
H. 5025 -- Reps. Rogers and Rudnick: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS TO MR. BOB MCCROSKY OF AIKEN COUNTY ON THE OCCASION OF THE EIGHTIETH BIRTHDAY OF THIS OUTSTANDING AND DEDICATED HUMAN RIGHTS ADVOCATE.
H. 5026 -- Rep. D. Smith: A CONCURRENT RESOLUTION COMMENDING ROBERT E. JUSTICE OF SPARTANBURG COUNTY FOR HIS OUTSTANDING SERVICE AS THE SCOUT EXECUTIVE OF PALMETTO COUNCIL NO. 549 OF THE BOY SCOUTS OF AMERICA.
H. 5027 -- Reps. Breeland, Waldrop, Holt, Hallman, Inabinett, Fulmer, Jaskwhich, J. Bailey, Spearman, Govan, McMahand, Scott, Whipper, White, Kennedy, Law, Anderson, Williams, G. Bailey, Hines, Phillips, Harrell, Byrd, Keyserling, J. Brown and Canty: A BILL TO AMEND SECTION 59-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO FURTHER PROVIDE FOR CERTAIN OPTIONS WHICH MUST BE OFFERED TO A STUDENT WHO HAS EXITED THE SCHOOL SYSTEM AT THE END OF THE TWELFTH GRADE WITHOUT HAVING PASSED THE EXIT EXAM, INCLUDING A REQUIREMENT THAT A SUMMER TESTING OF THE EXIT EXAM FOLLOWING A SUMMER REMEDIATION PROGRAM MUST BE OFFERED TO THESE STUDENTS.
H. 5028 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-5910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO ADD A FORENSIC PATHOLOGIST AND TWO MEMBERS AT LARGE; TO AMEND SECTION 20-7-5915, RELATING TO DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, DEPARTMENT OF CHILD FATALITIES, SO AS TO PROVIDE THAT AN AUTOPSY MUST BE PERFORMED BY A PATHOLOGIST WITH FORENSIC TRAINING RATHER THAN BY A FORENSIC PATHOLOGIST; AND TO AMEND SECTION 17-5-275, RELATING TO AN INSPECTION OF A HOME IN WHICH A CHILD FATALITY OCCURRED SO AS TO PROVIDE THAT THE PETITION MAY BE MADE TO AND AN INSPECTION WARRANT ISSUED BY A LOCAL MAGISTRATE RATHER THAN THE CIRCUIT COURT.
H. 5029 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO LICENSE TO CONSTRUCT OR CLEAN ON-SITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS AND SELF-CONTAINED TOILETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1691, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5030 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO THE TITLE V OPERATING PERMIT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1706, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5031 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-110 SO AS TO PROVIDE THAT NO BENEFITS FROM ANY STATE RETIREMENT SYSTEM OTHER THAN A REFUND OF CONTRIBUTIONS MAY BE PAID TO A STATE OFFICER OR EMPLOYEE CONVICTED AFTER JUNE 30, 1994, OF A FELONY ARISING OUT OF THE PERFORMANCE OF OFFICIAL DUTIES, TO PROVIDE THAT THE DENIAL OF BENEFITS APPLIES TO A SURVIVING SPOUSE OR OTHER BENEFICIARY OF A MEMBER SO CONVICTED, AND TO PROVIDE THOSE OFFICERS AND EMPLOYEES TO WHICH THE DENIAL APPLIES.
H. 5032 -- Reps. Boan and Hodges: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF SEPTEMBER 7, 1993, MISSED BY THE STUDENTS OF KERSHAW ELEMENTARY SCHOOL AND BUFORD HIGH SCHOOL OF THE LANCASTER COUNTY SCHOOL DISTRICT AND THE SCHOOL DAYS OF SEPTEMBER 7 AND 8, 1993, MISSED BY STUDENTS OF CLINTON ELEMENTARY SCHOOL AND LANCASTER HIGH SCHOOL OF THE LANCASTER COUNTY SCHOOL DISTRICT WHEN THESE SCHOOLS WERE CLOSED DUE TO CONSTRUCTION DELAYS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 5033 -- Rep. Phillips: A BILL TO AMEND SECTION 8-11-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS, LEAVE EARNINGS, AND THE TRANSFER OF AN EMPLOYEE'S ANNUAL LEAVE BALANCES FROM ONE STATE AGENCY TO ANOTHER, SO AS TO PROVIDE THAT ANY PERMANENT FULL-TIME EMPLOYEE OF A STATE AGENCY OR DEPARTMENT SHALL BE GIVEN FULL STATE SERVICE CREDIT FOR PRIOR SERVICE AS A CERTIFIED EMPLOYEE OF A SCHOOL DISTRICT OF THIS STATE FOR PURPOSES OF COMPUTING BONUS EARNINGS, AND TO PROVIDE THAT THE ABOVE PROVISIONS ONLY APPLY IF THERE IS NOT A BREAK IN SERVICE.
H. 5034 -- Reps. Witherspoon, Riser, Kelley and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 TO TITLE 46 SO AS TO PROVIDE FOR A REFERENDUM TO APPROVE AN ASSESSMENT ON MARKETED TOBACCO TO PROVIDE FUNDS FOR TOBACCO PRODUCTION RESEARCH.
H. 5035 -- Reps. Harvin and R. Young: A CONCURRENT RESOLUTION CONGRATULATING CHARLESTON SOUTHERN UNIVERSITY ON ITS THIRTIETH ANNIVERSARY, AND COMMENDING THIS OUTSTANDING INSTITUTION OF HIGHER EDUCATION FOR ITS COMMITMENT TO EXCELLENCE IN THE AREA OF HIGHER LEARNING.
H. 5036 -- Reps. Gonzales, Cromer, A. Young, Hallman, Harwell, Quinn, R. Young, Holt, Fulmer, Richardson, Harrison, McKay, Wright, G. Bailey, Kelley, Koon, Stille, Witherspoon, Corning, Barber, Thomas, McCraw, Riser, McTeer, R. Smith, Lanford, Fair, Kirsh, G. Brown, Vaughn, Robinson, Haskins, Gamble, Jaskwhich, Wells, Meacham, Baker, Trotter, Moody-Lawrence, Littlejohn, Allison, Farr, Stoddard, Davenport, Stuart, Stone, Spearman, Wofford, Neilson, Clyborne and Harrelson: A CONCURRENT RESOLUTION TO URGE THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO PROHIBIT THE IMPOSITION OF RETROACTIVE TAXES.
H. 5037 -- Ways and Means Committee: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 40, THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES ACT, SO AS TO CREATE THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES AUTHORITY AND PROVIDE FOR ITS POWERS AND DUTIES; TO PROVIDE FOR A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO LOCAL GOVERNMENTS TO FINANCE ENVIRONMENTAL FACILITIES AND OTHER INFRASTRUCTURE PROJECTS, TO AUTHORIZE THE AUTHORITY TO ISSUE REVENUE BONDS AND TO PROVIDE FOR THE METHOD OF ISSUING AND SECURING THE BONDS AND THE PAYMENT OF THE BONDS, TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, STATE APPROPRIATIONS AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE REVOLVING FUND, AND TO AUTHORIZE LENDING TO AND BORROWING BY LOCAL GOVERNMENTS THROUGH THE REVOLVING FUND; TO AMEND SECTION 11-37-60, RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY, SO AS TO ALLOW IT TO ISSUE BONDS AND FOR THE PURPOSE OF REFUNDING BONDS ISSUED BEFORE DECEMBER 31, 1992, AND TO REDUCE FROM TWO HUNDRED MILLION TO SIXTY MILLION DOLLARS THE TOTAL PRINCIPAL AMOUNT OF BONDS AUTHORIZED; AND TO REPEAL SECTION 11-37-70 RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY.
H. 5038 -- Rep. Baxley: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF SALES OF SOLID WASTE DISPOSAL COLLECTION BAGS REQUIRED PURSUANT TO A COUNTY OR OTHER POLITICAL SUBDIVISION'S SOLID WASTE DISPOSAL PLAN IF THE PLAN REQUIRES THE PURCHASE OF A SPECIFICALLY DESIGNATED CONTAINMENT BAG.
H. 5039 -- Reps. Snow, Harvin and Kennedy: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO THREE HUNDRED THIRTY-SIX THOUSAND FIVE HUNDRED DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN WILLIAMSBURG COUNTY.
H. 5040 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.3631, RELATING TO PROHIBITING A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST, FOR SECOND READING OR OTHER CONSIDERATION AFTER THE CALL OF THE UNCONTESTED CALENDAR, TUESDAY, APRIL 12, 1994, AND TO PROVIDE, FOLLOWING THE CALL OF THE ROLL OF THE HOUSE ON EACH SUBSEQUENT LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.3631 UNTIL THIRD READING OR OTHER DISPOSITION.
H. 5041 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.4955, RELATING TO MONIES BEING TRANSFERRED TO BENEFIT SPOLETO FESTIVAL, USA, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF H.3631 AND TO PROVIDE, FOLLOWING THE CALL OF THE ROLL OF THE HOUSE ON EACH SUBSEQUENT LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.4955 UNTIL THIRD READING OR OTHER DISPOSITION.
H. 5042 -- Reps. D. Smith, Beatty and Littlejohn: A HOUSE RESOLUTION CONGRATULATING SPARTANBURG HIGH SCHOOL ON BEING SELECTED A "BLUE RIBBON SCHOOL" BY THE UNITED STATES DEPARTMENT OF EDUCATION.
H. 5043 -- Rep. Felder: A HOUSE RESOLUTION CONGRATULATING THE ORANGEBURG PREP FOOTBALL TEAM ON WINNING THE SCISAA AAA STATE CHAMPIONSHIP FOR 1993, AND EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE TEAM, COACHES, TRAINER, MANAGER, AND SCHOOL OFFICIALS ON WEDNESDAY, APRIL 13, 1994, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED.
H. 5044 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO CONGRATULATE THE CAMDEN HIGH SCHOOL GIRLS VOLLEYBALL TEAM FOR WINNING THE 1993 STATE CLASS AAA VOLLEYBALL CHAMPIONSHIP, AND TO GRANT SPECIAL LEAVE OF THE HOUSE TO ADMIT THE TEAM, ITS COACH, AND SCHOOL OFFICIALS TO THE FLOOR OF THE HOUSE ON THURSDAY, APRIL 14, 1994, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR THIS OUTSTANDING ACCOMPLISHMENT.
H. 5045 -- Reps. Cromer and Neal: A CONCURRENT RESOLUTION TO CONGRATULATE THE LOWER RICHLAND HIGH SCHOOL GIRLS BASKETBALL TEAM, STAFF, AND COACHES FOR AN UNFORGETTABLE SEASON ON WINNING THE 1994 CLASS AAAA STATE CHAMPIONSHIP, AND TO GRANT COACH DEBBIE STROMAN AND THE LADY DIAMONDS' TEAM CAPTAIN THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 21, 1994, AT A TIME TO BE DETERMINED BY THE SPEAKER.
H. 5046 -- Rep. Anderson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE REVEREND WALTER E. DAVIS OF GREENVILLE COUNTY FOR TWENTY-FIVE YEARS OF DEDICATED SERVICE AS THE SPIRITUAL LEADER OF ANTIOCH BAPTIST CHURCH AND EXTENDING TO HIM BEST WISHES FOR MANY MORE YEARS OF SERVICE TO HIS CONGREGATION AND THE GREENVILLE COMMUNITY.
H. 5047 -- Rep. J. Bailey: A BILL TO AMEND SECTION 38-43-106, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-47-90, SO AS TO PROVIDE THAT SUCH CONTINUING EDUCATION REQUIREMENTS ALSO APPLY TO PERSONS LICENSED AS ADJUSTERS, INCLUDING APPLICANTS FOR SUCH LICENSURE, PURSUANT TO CHAPTER 47 OF TITLE 38, AND REQUIRE THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE APPROPRIATE REGULATIONS.
H. 5048 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-110 SO AS TO PROVIDE THAT NO BENEFITS FROM ANY STATE RETIREMENT SYSTEM OTHER THAN A REFUND OF CONTRIBUTIONS MAY BE PAID TO A STATE OFFICER OR EMPLOYEE CONVICTED BEFORE JULY 1, 1994, OR ON OR AFTER JULY 1, 1994, OF A FELONY ARISING OUT OF THE PERFORMANCE OF OFFICIAL DUTIES, TO PROVIDE THAT THE DENIAL OF BENEFITS APPLIES TO A SURVIVING SPOUSE OR OTHER BENEFICIARY OF A MEMBER SO CONVICTED, TO PROVIDE THOSE OFFICERS AND EMPLOYEES TO WHICH THE DENIAL APPLIES, AND TO PROVIDE FOR THE SEVERABILITY OF ANY PART OF THE SECTION HELD UNCONSTITUTIONAL OR OTHERWISE INVALID.
H. 5049 -- Reps. Meacham, Simrill, A. Young, Robinson, Wells, Allison, Neilson, Shissias, Stuart, Wofford, Gamble, Thomas, J. Harris and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-8-230 SO AS TO PROVIDE THAT NO BENEFITS FROM ANY STATE RETIREMENT SYSTEM OTHER THAN A REFUND OF CONTRIBUTIONS MAY BE PAID TO A JUDGE OR SOLICITOR CONVICTED BEFORE JULY 1, 1994, OR ON OR AFTER JULY 1, 1994, OF A FELONY OR MISDEMEANOR ARISING OUT OF THE PERFORMANCE OF OFFICIAL DUTIES, TO PROVIDE THAT THE DENIAL OF BENEFITS APPLIES TO A SURVIVING SPOUSE OR OTHER BENEFICIARY OF A JUDGE OR SOLICITOR SO CONVICTED, TO PROVIDE THOSE JUDGES AND SOLICITORS TO WHICH THE DENIAL APPLIES, AND TO PROVIDE FOR THE SEVERABILITY OF ANY PART OF THE SECTION HELD UNCONSTITUTIONAL OR OTHERWISE INVALID.
H. 5050 -- Rep. D. Smith: A BILL TO AMEND SECTION 59-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE PERSONS WHO ARE ELIGIBLE FOR SERVICES AT THE SCHOOL FOR THE DEAF AND BLIND, SO AS TO INCLUDE HARD OF HEARING AND VISUALLY IMPAIRED PERSONS.
H. 5051 -- Reps. Harrell and Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-20-387 SO AS TO PROVIDE REQUIREMENTS BEFORE A COUNTY DISABILITIES AND SPECIAL NEEDS BOARD PURCHASES REAL PROPERTY LOCATED WITHIN OR ADJACENT TO A RESIDENTIAL AREA.
H. 5052 -- Reps. Rudnick, G. Brown, Harwell, R. Smith, Stone, Allison, Thomas, Davenport and Stoddard: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES, SO AS TO PROVIDE THAT A MAGISTRATE MAY DISMISS WITHOUT PREJUDICE ANY OFFENSE OVER WHICH HE HAS JURISDICTION IN WHICH THE PROSECUTING ATTORNEY OR THE LAW ENFORCEMENT OFFICERS INVOLVED, OR BOTH, FAIL TO APPEAR FOR TRIAL.
H. 5053 -- Rep. M.O. Alexander: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO, AMONG OTHER THINGS, PERMIT THE FUND TO FILE NOTICE OF LIEN WITH THE CLERK OF COURT OR REGISTER OF MESNE CONVEYANCES OF ANY COUNTY IN WHICH THE EMPLOYER HAS ASSETS IN THE SAME MANNER AS THE FILING OF SOUTH CAROLINA TAX LIENS, DELETE CERTAIN PROVISIONS AND PROVIDE THAT WHEN AN EMPLOYEE MAKES A CLAIM FOR BENEFITS PURSUANT TO TITLE 42 AND THE RECORDS OF THE WORKERS' COMPENSATION COMMISSION INDICATE THAT THE EMPLOYER IS OPERATING WITHOUT INSURANCE, THE UNINSURED EMPLOYERS' FUND OR ANY PERSON DESIGNATED BY THE DIRECTOR MAY SUBPOENA THE EMPLOYER OR ITS AGENTS AND REQUIRE THE PRODUCTION OF ANY DOCUMENTS OR RECORDS WHICH THE FUND CONSIDERS RELEVANT TO ITS INVESTIGATION OF THE CLAIM; AND TO AMEND SECTION 42-5-20, RELATING TO THE REQUIREMENT ON EMPLOYERS TO CARRY WORKERS' COMPENSATION INSURANCE OR PROVIDE PROOF OF FINANCIAL ABILITY TO PAY CLAIMS, SO AS TO PROVIDE THAT IN LIEU OF SUBMITTING AUDITED FINANCIAL STATEMENTS WHEN AN EMPLOYER MAKES AN APPLICATION TO SELF-INSURE WITH THE WORKERS' COMPENSATION COMMISSION, THE COMMISSION SHALL ACCEPT THE SWORN STATEMENT OR AFFIDAVIT OF AN INDEPENDENT AUDITOR VERIFYING THE FINANCIAL CONDITION OF THE EMPLOYER ACCORDING TO THE REQUIRED FINANCIAL RATIOS AND GUIDELINES ESTABLISHED BY REGULATION OF THE COMMISSION, AND PROVIDE THAT THE INDEPENDENT AUDITOR MUST BE A CERTIFIED PUBLIC ACCOUNTANT USING GENERALLY ACCEPTABLE ACCOUNTING PRINCIPLES IN THE PREPARATION OF THE FINANCIAL STATEMENT OF THE EMPLOYER.
H. 5054 -- Rep. Rogers: A BILL TO AMEND SECTION 7-17-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTIONS 7-17-260 AND 7-17-270, BOTH AS AMENDED, RELATING TO APPEALS FROM DECISIONS OF THE STATE BOARD OF CANVASSERS, SO AS TO SUBSTITUTE AN ADMINISTRATIVE LAW JUDGE FOR THE STATE BOARD IN HEARING CASES UNDER PROTEST OR CONTEST THAT MAY ARISE IN ELECTIONS.
H. 5055 -- Rep. Rogers: A BILL TO AMEND SECTION 7-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO PROHIBIT A MEMBER OF THE COMMISSION FROM PARTICIPATING IN POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN DURING THE MEMBER'S TERM OF OFFICE, TO PROHIBIT A MEMBER OF THE COMMISSION FROM MAKING A CONTRIBUTION TO A CANDIDATE OR KNOWINGLY ATTEND A FUNDRAISER HELD FOR THE BENEFIT OF A CANDIDATE, AND TO PROVIDE THAT THE MEMBER MAY BE REMOVED FOR A VIOLATION OF THIS SECTION.
H. 5056 -- Reps. Delleney, McCraw and Wilkes: A BILL TO PROVIDE A PROCEDURE BY WHICH A BINDING REFERENDUM MAY BE INITIATED TO DETERMINE IF THE AUTHORITY OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF CHESTER TO ADOPT AN ANNUAL BUDGET AND SET TAX LEVIES FOR THE OPERATION OF THE SCHOOL DISTRICT IS DEVOLVED ON THE GOVERNING BODY OF CHESTER COUNTY.
H. 5057 -- Judiciary Committee: A BILL 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 SECTIONS 14-1-240 THROUGH 14-1-420 SO AS TO PROVIDE A PROCEDURE FOR 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 20, 1995, TO CONTAIN THE OBLIGOR'S SOCIAL SECURITY NUMBER AND PROVISION FOR INCOME WITHHOLDING PROCEDURES TO TAKE EFFECT IF A DELINQUENCY OCCURS; 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 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 SECTIONS 24-13-100 AND 24-13-150 SO AS TO PROHIBIT A PRISONER CONVICTED OF AN OFFENSE AGAINST THE STATE 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 FROM BEING ELIGIBLE FOR WORK RELEASE, EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION UNTIL CERTAIN MINIMUM TERMS OF IMPRISONMENT HAVE BEEN SERVED; BY ADDING SECTION 24-13-175 SO AS TO PROVIDE THAT SENTENCES IMPOSED AND TIME SERVED MUST BE COMPUTED BASED UPON A THREE HUNDRED SIXTY-FIVE DAY YEAR; BY ADDING ARTICLE 17, CHAPTER 13, TITLE 24 SO AS TO ENACT THE SOUTH CAROLINA INCARCERATION REIMBURSEMENT ACT; BY ADDING ARTICLE 19, CHAPTER 13, TITLE 24 SO AS TO ESTABLISH THE CENTER FOR ALCOHOL AND DRUG REHABILITATION; BY ADDING SECTION 24-21-560 SO AS TO REQUIRE ALL PRISONERS WHO COMMIT A CRIME AFTER DECEMBER 31, 1994, TO SATISFACTORILY COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION AND TO SPECIFY THE REQUIREMENTS OF THE PROGRAM; BY ADDING CHAPTER 27, TITLE 24 SO AS TO CREATE THE SOUTH CAROLINA SENTENCING AND CORRECTIONS POLICY COMMISSION, TO PROVIDE FOR ITS COMPOSITION, DUTIES, AND RESPONSIBILITIES, AND REQUIRE THE COMMISSION TO MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY FOR A CLASSIFICATION SYSTEM BASED ON MAXIMUM TERM OF IMPRISONMENT FOR ALL SOUTH CAROLINA CRIMINAL OFFENSES; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO ADD TO THE LIST OF EXEMPTIONS THE PURCHASE OF GOODS, PRODUCTS, AND SERVICES BY STATE OFFICES AND OTHER DEPARTMENTS, INSTITUTIONS, AGENCIES, AND BOARDS OR POLITICAL SUBDIVISIONS OF THIS STATE FROM THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, DIVISION OF PRISON INDUSTRIES; TO AMEND SECTIONS 16-3-20, 16-3-30, AND 16-3-40, RELATING TO THE OFFENSE OF MURDER, KILLING BY POISONING, OR KILLING BY STABBING OR THRUSTING, SO AS TO PROVIDE THAT A PERSON CONVICTED OF THESE CRIMES MAY BE IMPRISONED FOR A TERM OF YEARS UP TO LIFE, DEFINE "LIFE" TO MEAN UNTIL DEATH, TO DELETE THE PROVISION WHICH REQUIRES A PERSON SENTENCED TO LIFE NOT TO BE ELIGIBLE FOR PAROLE UNTIL THE SERVICE OF THIRTY YEARS, TO DELETE IN THE CRIMES OF KILLING BY POISONING AND KILLING BY STABBING OR THRUSTING THE PENALTY OF DEATH FOR A WILFUL MURDER; TO AMEND SECTION 16-3-85, AS AMENDED, RELATING TO THE CRIME OF HOMICIDE BY CHILD ABUSE, SO AS TO AUTHORIZE AS A PENALTY A TERM OF YEARS UP TO LIFE AND DELETE THE MINIMUM TWENTY YEAR PENALTY, AND PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 16-3-210, RELATING TO THE CRIME OF LYNCHING IN THE FIRST DEGREE, SO AS TO DELETE THE PENALTY OF DEATH FOR VIOLATION AND PROVIDE THAT A PERSON MUST BE IN PRISON FOR A TERM OF YEARS UP TO LIFE, AND TO PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 16-3-430, RELATING TO THE CRIME OF KILLING IN A DUAL, SO AS TO DELETE THE PENALTY OF DEATH AND PROVIDE THAT A PERSON MUST BE IMPRISONED FOR A TERM OF LIFE UP TO LIFE, AND DEFINE "LIFE" AS MEANING UNTIL DEATH; TO AMEND SECTION 16-3-625, RELATING TO THE CRIME OF RESISTING A LAW ENFORCEMENT OFFICER WITH THE USE OF THREAT OR A DEADLY WEAPON, SO AS TO DELETE THE MINIMUM IMPRISONMENT OF TWO YEARS AND THE MINIMUM SERVICE IN ORDER TO BE ELIGIBLE FOR PAROLE; TO AMEND SECTION 16-3-652, RELATING TO THE CRIME OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE, SO AS TO DELETE THE PENALTY OF IMPRISONMENT FOR NOT MORE THAN THIRTY YEARS, PROVIDE FOR A TERM OF YEARS UP TO LIFE TO BE IMPOSED, AND PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 16-3-1260, AS AMENDED, RELATING TO REIMBURSEMENT OF THE STATE BY CONVICTED PERSONS TO THE VICTIMS' COMPENSATION FUND, SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS MAY MAKE PAYMENT OF THE DEBT TO THE STATE AS A CONDITION OF PAROLE, AND TO MAKE CERTAIN CORRECTIONS TO REFERENCES; TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE VICTIM'S AND WITNESSES BILL OF RIGHTS SO AS TO MAKE CERTAIN INFORMATION NOT PRIVILEGED BETWEEN THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF PROBATION, COMMUNITY SUPERVISION, TO MAKE CERTAIN REFERENCE CORRECTIONS, AND DELETE A REFERENCE THAT RESTITUTION IS A CONDITION OF PAROLE; TO AMEND SECTION 16-3-1550, AS AMENDED, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO MAKE CERTAIN REFERENCE CHANGES; TO AMEND SECTION 16-11-311, RELATING TO THE CRIME OF BURGLARY IN THE FIRST DEGREE, SO AS TO CHANGE THE PUNISHMENT BY DELETING THE AUTHORITY OF A DEFENDANT TO BE SENTENCED TO A TERM OF NOT LESS THAN FIFTEEN YEARS AND PROVIDE THAT THE PERSON CONVICTED IS NOT ELIGIBLE FOR PAROLE EXCEPT UPON THE SERVICE OF NOT LESS THAN ONE-THIRD OF THE TERM OF THE SENTENCE, PROVIDE THAT THE PERSON MAY BE SENTENCED FOR A TERM OF YEARS UP TO LIFE, AND PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 16-11-330, RELATING TO THE CRIME OF ROBBERY AND ATTEMPTED ROBBERY WHILE ARMED WITH A DEADLY WEAPON, SO AS TO PROVIDE THAT A PERSON CONVICTED OF THIS CRIME IS GUILTY OF A FELONY AND, UPON CONVICTION, MUST BE IMPRISONED FOR A MANDATORY MINIMUM TERM OF TEN YEARS, DELETE THE REQUIREMENT THAT A PERSON CONVICTED UNDER THIS SECTION IS NOT ELIGIBLE FOR PAROLE UNTIL HE HAS SERVED AT LEAST SEVEN YEARS OF HIS SENTENCE, AND DELETE THE PROVISION THAT A PERSON IS NOT ELIGIBLE FOR PAROLE OR PROBATION UNTIL HE HAS SERVED A THREE-YEAR MINIMUM SENTENCE, PROVIDE THAT A PERSON CONVICTED FOR ATTEMPTED ROBBERY ARMED WITH CERTAIN WEAPONS IS GUILTY OF A FELONY; TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO THE CARDBOARD PLACARD WHICH MUST BE PRINTED AND DISTRIBUTED TO EACH BUSINESS, SO AS TO MAKE THE LANGUAGE OF THE PLACARD CONSISTENT WITH THE PROVISIONS OF SECTION 16-11-330; TO AMEND SECTION 16-11-540, RELATING TO DAMAGING OR DESTROYING A BUILDING, VEHICLE, OR OTHER PROPERTY BY MEANS OF EXPLOSIVE OR INCENDIARY SO AS TO CHANGE THE PENALTIES WHEN DEATH RESULTS AND PROVIDE THAT A PERSON MUST BE IMPRISONED FOR A TERM OF YEARS UP TO LIFE, AND PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 17-25-45, RELATING TO A PERSON WHO HAS THREE CONVICTIONS FOR A VIOLENT CRIME SO AS TO REDUCE FROM THREE TO TWO THE NUMBER OF CONVICTIONS REQUIRED, AND PROVIDE THAT THIS PROVISION IS IRRESPECTIVE OF WHETHER THE PRISONER IS CONSIDERED A VIOLENT OFFENDER, DELETE THE PROVISION THAT SUBJECTS THE PERSON TO LIFE WITHOUT PAROLE, AND PROVIDE THAT "LIFE IMPRISONMENT" MEANS UNTIL DEATH, AND PROVIDE THAT NOTICE MUST BE GIVEN BY THE SOLICITOR BEFORE TRIAL OF THE DECISION TO INVOKE SENTENCE UNDER A PROVISION OF THIS SECTION; TO AMEND SECTION 17-25-70, RELATING TO THE AUTHORITY OF LOCAL OFFICIALS TO REQUIRE ABLE-BODIED CONVICTED PERSONS TO PERFORM LABOR ON PUBLIC WORKS OR WAYS, SO AS TO CHANGE SOME TERMINOLOGY, PROVIDE THAT THIS LABOR MAY INVOLVE PUBLIC SERVICE WORK OR RELATED ACTIVITIES WHICH CONFORM WITH REVISIONS OF SECTION 24-13-660, PROVIDE WHAT PUBLIC SERVICE WORK MAY INCLUDE, AND AUTHORIZE A LOCAL GOVERNING BODY TO ENTER INTO A CONTRACTUAL AGREEMENT WITH ANOTHER GOVERNMENTAL ENTITY FOR USE OF INMATE LABOR IN THE PERFORMANCE OF WORK FOR PUBLIC PURPOSE; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO A CONVICTED PERSON BEING IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, SO AS TO CORRECT CERTAIN REFERENCES, PROVIDING THAT NOTHING IN THIS SECTION PREVENTS A COURT FROM ORDERING A SENTENCE TO RUN CONCURRENTLY WITH A SENTENCE BEING SERVED IN ANOTHER STATE OR AN ACTIVE FEDERAL SENTENCE, PROVIDE THAT THE DEPARTMENT SHALL NOTIFY THE SOLICITOR OR OTHER JUDICIAL OFFICERS AND VICTIMS BEFORE RELEASING INMATES ON WORK RELEASE, PROVIDE THAT THE DEPARTMENT HAS THE AUTHORITY TO DENY RELEASE BASED UPON THE OPINIONS RECEIVED, PROVIDE THAT THE DIRECTOR MAY EXTEND THE LIMITS OF THE PLACE OF CONFINEMENT UPON CERTAIN MINIMUMS BEING SERVED; TO AMEND SECTION 24-3-30, AS AMENDED, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT, SO AS TO ADD A PROVISION WHICH AUTHORIZES A COUNTY OR MUNICIPALITY THROUGH MUTUAL AGREEMENT OR CONTRACT TO ARRANGE WITH ANOTHER COUNTY OR MUNICIPALITY OR LOCAL REGIONAL CORRECTIONAL FACILITY FOR THE DETENTION OF ITS PRISONERS; TO AMEND SECTION 24-3-40, AS AMENDED, RELATING TO DISPOSITION OF WAGES OF A PRISONER ALLOWED TO WORK AT PAID EMPLOYMENT, SO AS TO ADD TO THE AUTHORIZED EMPLOYMENT A PRISON INDUSTRY PROGRAM PROVIDED UNDER ARTICLE 3 OF CHAPTER 24; TO AMEND SECTION 24-3-210, AS AMENDED, RELATING TO FURLOUGHS FOR QUALIFIED INMATES OF THE STATE PRISON SYSTEM, SO AS TO DELETE CERTAIN REASONS FOR GRANTING A FURLOUGH; 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, DEPARTMENT, 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 PROHIBIT A STATE OFFICE, DEPARTMENT, INSTITUTION, OR AGENCY OR THE POLITICAL SUBDIVISION OF THIS STATE FROM CONTACTING AND REQUESTING 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 24-3-410, AS AMENDED, RELATING TO THE SALE OF PRISON-MADE PRODUCTS ON THE OPEN MARKET, SO AS TO DELETE A REFERENCE TO PROVISIONS OF THIS SECTION NOT APPLYING TO ARTICLES MANUFACTURED OR PRODUCED BY PERSONS ON PAROLE; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO A DEDUCTION FROM THE TERM OF THE SENTENCE FOR GOOD BEHAVIOR, SO AS TO PROVIDE THAT NO PRISONER IS ENTITLED TO A REDUCTION BELOW THE MINIMUMS PROVIDED IN SECTION 24-13-150; TO AMEND SECTION 24-13-230, RELATING TO THE REDUCTION OF A SENTENCE FOR A PRODUCTIVE DUTY ASSIGNMENT OR PARTICIPATION IN ACADEMIC, TECHNICAL, OR VOCATIONAL TRAINING PROGRAM, SO AS TO ADD A PROVISION WHICH PROVIDES THAT NO CREDITS EARNED UNDER THIS SECTION MAY BE APPLIED IN A MANNER WHICH WOULD PREVENT FULL PARTICIPATION IN THE DEPARTMENT'S COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO DEFINITIONS USED IN THE SHOCK INCARCERATION PROGRAM, SO AS TO CHANGE THE DEFINITION OF ELIGIBLE INMATE; TO AMEND SECTION 24-13-1320, AS AMENDED, RELATING TO THE AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT TO PROMULGATE REGULATIONS FOR THE SHOCK INCARCERATION PROGRAM, AND PROVIDE FOR A COMMITTEE, SO AS TO CORRECT CERTAIN REFERENCES; TO AMEND SECTION 24-13-1330, RELATING TO THE APPLICATION OF AN INMATE TO PARTICIPATE IN THE SHOCK INCARCERATION PROGRAM, SO AS TO DELETE THE AUTHORITY OF AN INMATE TO MAKE APPLICATION FOR THE PROGRAM AND INSTEAD PROVIDE THAT UPON ORDER BY THE COURT, THE COMMITTEE MAY CONSIDER AN INMATE FOR PARTICIPATION IN THE PROGRAM, AND TO DELETE THE AUTHORITY TO GRANT AN INMATE WHO HAS COMPLETED THE PROGRAM PAROLE RELEASE AND PROVIDE THAT HE MUST BE RELEASED TO COMMUNITY SUPERVISION FOR A PERIOD OF FIVE YEARS, NOTWITHSTANDING THE PROVISIONS OF SECTION 24-21-560 WITH THE REQUIREMENT TO PAY RESTITUTION, IF APPLICABLE; TO AMEND SECTION 24-13-1520, AS AMENDED, RELATING TO THE DEFINITIONS USED IN THE HOME DETENTION ACT, SO AS TO MAKE REFERENCE CHANGES, AND INCLUDE WITHIN THE DEFINITION OF "PARTICIPANT" ANOTHER SUITABLE PROGRAM THAT AN INMATE/OFFENDER MAY BE PLACED INTO FOR MONITORING IN THE COMMUNITY; 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, SO AS TO MAKE IT OPTIONAL INSTEAD OF MANDATORY FOR A PARTICIPANT TO USE AN APPROVED ELECTRONIC MONITORING DEVICE; TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO THE APPLICABILITY TO CONTROLLED SUBSTANCE OFFENDERS TO THE PROVISIONS OF THE HOME DETENTION ACT, SO AS TO MAKE REFERENCE CHANGES AND PROVIDE THAT THE ACT DOES NOT APPLY TO A PERSON WAITING TRIAL ON CHARGES OF VIOLATING THE ELICIT NARCOTIC DRUG AND CONTROL SUBSTANCES LAWS CLASSIFIED AS CLASS A, B, OR C FELONIES PURSUANT TO SECTION 16-1-90; TO AMEND SECTION 24-19-160, RELATING TO THE COURT'S AUTHORITY TO SUSPEND THE IMPOSITION OR EXECUTION OF A SENTENCE AND THE JURISDICTION OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO MAKE REFERENCE CHANGES AND TO DELETE THE PROVISION WHICH PROVIDES THAT FOR PAROLE PURPOSES, A SENTENCE IS CONSIDERED A SENTENCE FOR SIX YEARS; TO AMEND SECTION 24-21-10, AS AMENDED, RELATING TO THE STRUCTURE OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES AND BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO MAKE REFERENCE CHANGES; TO AMEND SECTION 24-21-13, AS AMENDED, RELATING TO THE RESPONSIBILITIES OF THE DIRECTOR OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO MAKE REFERENCE CHANGES AND PROVIDE THAT THE DIRECTOR SHALL DEVELOP WRITTEN POLICY AND PROCEDURES FOR THE SUPERVISION AND REMOVAL OF OFFENDERS ON COMMUNITY SUPERVISION AND OTHER OFFENDERS RELEASED FROM INCARCERATION BEFORE THE EXPIRATION OF THEIR SENTENCE AND PROVIDE THAT THE DIRECTOR SHALL DEVELOP ADDITIONAL WORK-RELEASE PROGRAMS; TO AMEND SECTION 24-21-30, RELATING TO THE MEETINGS OF THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO PROVIDE FOR THE HOLDING OF MEETINGS TO CARRY OUT ITS RESPONSIBILITIES FOR OFFENDERS OF CRIMES COMMITTED BEFORE JANUARY 1, 1995, TO ADD PROVISIONS WHICH REQUIRE THE BOARD TO GRANT PAROLES BY CERTAIN VOTES OF THE FULL BOARD OR A THREE-MEMBER PANEL; TO AMEND SECTION 24-21-50, RELATING TO THE AUTHORITY OF THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES TO GRANT HEARINGS AND PERMIT ARGUMENTS AND APPEARANCES BY COUNSEL OR ANY INDIVIDUAL BEFORE IT, SO AS TO DELETE THE AUTHORITY OF THE BOARD TO GRANT OTHER FORMS OF CLEMENCY PROVIDED FOR UNDER LAW; TO AMEND SECTION 24-21-60, AS AMENDED, RELATING TO THE COOPERATION BETWEEN MUNICIPAL, COUNTY, OR STATE OFFICIALS TO ASSIST AND COOPERATE WITH THE FURTHERANCE OF OBJECTIVES OF THE PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO DELETE THE AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES TO CONDUCT SURVEYS AND OBTAIN INFORMATION TO ENABLE THE BOARD TO PASS INTELLIGENTLY UPON APPLICATIONS FOR PAROLE; TO AMEND SECTION 24-21-80, AS AMENDED, RELATING TO THE REQUIREMENTS THAT PROBATIONERS AND PAROLEES ARE REQUIRED TO PAY A SUPERVISION FEE, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-220, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-230, AS AMENDED, RELATING TO THE EMPLOYMENT OF PROBATION AGENTS AND CLERICAL ASSISTANCE, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-300, RELATING TO THE CITATION AND AFFIDAVIT OF A PERSON WHO IS RELEASED PURSUANT TO PRISON OVERCROWDING, SO AS TO CORRECT REFERENCES, DELETE THE PROVISION THAT THE CITATION MUST SET FORTH THE PROBATIONER'S, PAROLEE'S, OR RELEASED OR FURLOUGHED PERSON'S RIGHTS; TO AMEND SECTION 24-21-910, RELATING TO THE DUTY OF THE PROBATION, PAROLE, AND PARDON SERVICES BOARD WITH RESPECT TO REPRIEVES OR COMMUTATION OF DEATH SENTENCES, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-950, RELATING TO GUIDELINES FOR DETERMINING ELIGIBILITY FOR PARDON, SO AS TO REVISE THE GUIDELINES; TO AMEND SECTION 24-23-20, RELATING TO THE CASE CLASSIFICATION PLAN WHICH MUST PROVIDE FOR THE CASE CLASSIFICATION SYSTEM, SO AS TO DELETE THE REFERENCE TO PAROLEE; TO AMEND SECTION 24-23-30, RELATING TO COMMUNITY CORRECTIONS PLAN WHICH MUST INCLUDE A DESCRIPTION OF COMMUNITY-BASED PROGRAM NEEDS, SO AS TO REPLACE PAROLEE WITH SUPERVISED PRISONERS AND TO CORRECT REFERENCES; TO AMEND SECTION 24-23-40, RELATING TO THE DEVELOPMENT OF STATEWIDE POLICIES WITH STATE AGENCIES REGARDING THE COMMUNITY CORRECTIONS PLAN, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-23-115, AS AMENDED, RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION PROMULGATE REGULATIONS, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-23-130, AS AMENDED, RELATING TO DETERMINATION OF SUPERVISION UPON RECOMMENDATION OF AN AGENT IN CHARGE, SO AS TO REVISE THE CONDITIONS OF PROBATION AND INCLUDE COMMUNITY SUPERVISION; TO AMEND SECTION 24-23-210, AS AMENDED, RELATING TO THE FUNDING OF THE COMMUNITY CORRECTIONS PROGRAM, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-23-220, AS AMENDED, RELATING TO THE PAYMENT OF ASSESSMENTS TO THE CLERK OF COURT AS A CONDITION OF SUPERVISION UNDER RELEASE FROM PRISON, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 25-7-30, RELATING TO GIVING INFORMATION RESPECTING NATIONAL OR STATE DEFENSE TO FOREIGN CONTACTS, SO AS TO CHANGE THE PENALTY FOR VIOLATION; TO AMEND SECTION 25-7-40, RELATING TO GATHERING INFORMATION FOR AN ENEMY, SO AS TO CHANGE THE PENALTY FOR VIOLATION; TO AMEND ACT 181 OF 1993, RELATING TO RESTRUCTURING, SO AS TO DELETE THE REPEAL OF SECTIONS CONCERNING THE SENTENCING AND GUIDELINES COMMISSION; TO REPEAL ARTICLE 7, CHAPTER 21 OF TITLE 24, RELATING TO PAROLE AND RELEASE FOR GOOD CONDUCT, CHAPTER 26 OF TITLE 24, RELATING TO THE SOUTH CAROLINA SENTENCING AND GUIDELINES COMMISSION, SECTION 24-1-200, RELATING TO INQUIRY INTO SENTENCES UNDER WHICH CONVICTS ARE CONFINED, SECTION 24-3-35, RELATING TO THE USE OF COUNTY PRISONERS FOR LITTER REMOVAL WORK, SECTION 24-3-40, RELATING TO THE DISPOSITION OF WAGES OF A PRISONER ALLOWED TO WORK AT PAID EMPLOYMENT, SECTION 24-3-50, RELATING TO THE PENALTY FOR FAILURE OF A PRISONER TO REMAIN WITHIN EXTENDED LIMITS OF HIS CONFINEMENT, 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 COUNTY CHAINGANGS, SECTION 24-13-60, RELATING TO THE SCREENING OF OFFENDERS FOR POSSIBLE PLACEMENT ON WORK RELEASE, SECTION 24-13-270, RELATING TO THE PREMATURE RELEASE OF PRISONERS, AND SECTIONS 24-13-710 AND 24-13-720 RELATING TO THE IMPLEMENTATION OF A SUPERVISED FURLOUGH PROGRAM AND THOSE INMATES ELIGIBLE TO BE PLACED WITH THE PROGRAM; 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; AND TO DIRECT THE CODE COMMISSIONER, SUBJECT TO THE AVAILABILITY OF FUNDS, TO CHANGE CERTAIN REFERENCES IN THE 1976 CODE.
Last Updated: Monday, June 29, 2009 at 3:42 P.M.