Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We thank You, Gracious Lord, that You fill heaven and earth with Your presence. We praise You for the loveliness of the world all around: it's far off twinkle of the star, the music of the crystal streams, the deep call of the sea, the far stretches of the meadows, the purple majesty of the mountains.
Make us, we pray, worthy of the past and equal to the present. Plant a more sensitive understanding in our hearts. May the healing breezes of good will blow across our minds, cleansing our deepest desires of all narrowness and selfishness. Unite our efforts to accomplish Your way.
We pray in the Name of Him Whose truths show us the way. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. SIMRILL moved that when the House adjourns, it adjourn in memory of J. Arte Goodman, which was agreed to.
The Senate returned to the House with amendments the following:
H. 3978 -- Reps. Tucker, McAbee, Stoddard, Haskins and Robinson: A BILL TO AMEND SECTION 57-1-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.
Rep. TUCKER 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.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3544 -- Rep. McTeer: A BILL TO AMEND SECTION 59-39-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HIGH SCHOOL DIPLOMAS AND THE UNITS REQUIRED FOR GRADUATION, SO AS TO PROVIDE THAT BEGINNING WITH THE 1998-99 SCHOOL YEAR, A MINIMUM OF FOUR UNITS IN MATHEMATICS RATHER THAN THREE AND A MINIMUM OF THREE UNITS IN SCIENCE RATHER THAN TWO, MUST BE EARNED.
Ordered for consideration tomorrow.
The following was introduced:
H. 4250 -- Reps. J. Brown, Scott and Howard: A CONCURRENT RESOLUTION COMMENDING JAMES B. HARDY, III, FOR HIS OUTSTANDING SERVICE TO PUBLIC EDUCATION AND WISHING HIM MUCH HAPPINESS FOLLOWING HIS RETIREMENT AS PRINCIPAL OF VIRGINIA PACK ELEMENTARY SCHOOL IN COLUMBIA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4251 -- Rep. Hodges: A BILL TO AMEND SECTIONS 56-5-6520, 56-5-6530, AND 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SAFETY BELTS, SO AS TO MAKE A DRIVER RESPONSIBLE FOR REQUIRING EACH OCCUPANT OF A MOTOR VEHICLE UNDER EIGHTEEN YEARS OF AGE TO WEAR A SAFETY BELT OR ANOTHER CHILD RESTRAINT SYSTEM, TO CREATE THE OFFENSE OF FAILURE TO SECURE A SAFETY BELT ON A MINOR, TO PROVIDE FOR PENALTIES AND EXCEPTIONS TO THIS OFFENSE, TO REVISE THE PROVISIONS WHICH EXCLUDE CERTAIN OCCUPANTS FROM WEARING A SAFETY BELT, TO REVISE THE PENALTIES FOR VIOLATING THE MANDATORY USE OF SAFETY BELT REQUIREMENT, AND TO ALLOW A LAW ENFORCEMENT OFFICER TO STOP A DRIVER AND ISSUE A CITATION FOR A VIOLATION OF THIS REQUIREMENT.
Referred to Committee on Judiciary.
H. 4252 -- Rep. Davenport: A BILL TO AMEND SECTION 22-5-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO REVISE THE OFFENSES WHOSE RECORDS MAY BE EXPUNGED AND TO ALLOW THE EXPUNGEMENT OF RECORDS OF CERTAIN CRIMINAL OFFENSES HEARD IN THE CIRCUIT COURT.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Baxley Beatty Breeland Brown, J. Cain Carnell Cato Cave Chamblee Cooper Dantzler Davenport Delleney Easterday Elliott Fleming Fulmer Gamble Govan Hallman Harris, J. Harris, P. Haskins Herdklotz Hines Hodges Howard Hutson Inabinett Jaskwhich Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Lanford Law Limbaugh Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McMahand McTeer Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Stille Stoddard Stuart Thomas Townsend Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. White Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
I came in after the roll call and was present for the Session on Thursday, May 25.
William F. Cotty Bessie Moody-Lawrence William Clyburn Grady A. Brown Woodrow M. McKay Timothy F. Rogers H.B. Limehouse, III Jackson S. Whipper Becky Meacham Theodore A. Brown Dan L. Tripp Molly M. Spearman Kenneth Kennedy Dewitt Williams Alma W. Byrd Henry E. Brown, Jr. Douglas Jennings, Jr. Thomas E. Huff Joseph H. Neal Ralph W. Canty Michael L. Fair George H. Bailey Charles R. Sharpe Gilda Cobb-Hunter Robert W. Harrell, Jr. James H. Harrison John G. Felder B. Hicks Harwell C. Alex Harvin, III
LEAVES OF THE HOUSE
The SPEAKER granted Reps. CROMER, HUFF and COTTY a leave of the House due to a Conference Committee meeting.
Announcement was made that Dr. Bo Machado of Aiken is the Doctor of the Day for the General Assembly.
Rep. CARNELL, and the Greenwood Delegation, presented to the House Amy Hettich of Laramie, Wyoming, the 1995 Miss Rodeo USA and extended to her a warm welcome to S.C.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4217 -- Reps. Baxley, J. Harris, Jennings and Neilson: A BILL TO REPEAL ACT 467 OF 1969 RELATING TO EXTENDING THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY TO INCLUDE CERTAIN AREAS OUTSIDE THE CORPORATE LIMITS OF JEFFERSON.
H. 4243 -- Rep. Wofford: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE SANGAREE AND STRATFORD PRECINCTS.
H. 3954 -- Reps. A. Young, Knotts, Harrison, Chamblee, Haskins, Easterday, Bailey, Inabinett, Mason, Waldrop, Robinson, Witherspoon, Herdklotz, Littlejohn, Riser, Davenport and Vaughn: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT, SO AS TO FURTHER PROVIDE FOR SPECIFIC FINDINGS THE COURT MUST MAKE IN ALLOWING A NONRESIDENT TO ADOPT A CHILD IN SOUTH CAROLINA.
H. 3991 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DURATION AND MODIFICATION OF ORDERS FOR PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO PROVIDE THAT PROTECTIVE ORDERS AND PROVISIONS OF PROTECTIVE ORDERS RELATING TO OTHER ISSUES, INCLUDING CUSTODY AND FINANCIAL SUPPORT, ARE VALID FOR ONE YEAR.
H. 3992 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-1440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT FEES, SO AS TO AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A FEE AGAINST A DEFENDANT IN CHILD ABUSE AND NEGLECT CASES AND TO EXEMPT INDIGENT DEFENDANTS.
H. 3856 -- Reps. Townsend and Allison: A BILL TO AMEND SECTION 59-24-10, AS AMENDED, AND SECTIONS 59-24-30 AND 59-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERFORMANCE AND LEADERSHIP ASSESSMENTS AND STANDARDS FOR SCHOOL ADMINISTRATORS, SO AS TO FURTHER PROVIDE FOR THESE ASSESSMENTS AND STANDARDS AND TO PROVIDE FOR PROFESSIONAL DEVELOPMENT PLANS AND EVALUATION PROCEDURES FOR THESE ADMINISTRATORS; AND TO AMEND SECTION 59-3-90, AS AMENDED, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO PROVIDE FOR PROFESSIONAL DEVELOPMENT PLANS FOR TEACHERS.
H. 3198 -- Rep. Richardson: A BILL TO AMEND SECTION 56-3-1975, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION OF HANDICAPPED PARKING PLACES, SO AS TO REQUIRE HANDICAPPED PARKING SIGNS ERECTED AFTER JUNE 30, 1995, TO INCLUDE THE PENALTIES FOR UNLAWFUL USE.
H. 3746 -- Reps. Carnell, Klauber and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-90 SO AS TO AUTHORIZE MUZZLELOADER HUNTS IN GAME ZONE 2.
The following Bill was taken up.
S. 842 -- Senator Saleeby: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE THE MAP REFERENCE WHICH DEFINES THE LINES OF THESE VOTING PRECINCTS, DELETE ARCHAIC REFERENCES AND PROVIDE THAT POLLING PLACES BE DETERMINED BY THE DARLINGTON COUNTY BOARD OF ELECTIONS AND REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE DARLINGTON COUNTY LEGISLATIVE DELEGATION.
Rep. NEILSON moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 847 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE BOUNDARIES OF THE SINGLE-MEMBER DISTRICTS FROM WHICH TRUSTEES ARE ELECTED.
The following Bills and Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 362 -- Senators Cork, Washington, Lander and Elliott: A BILL TO AMEND CHAPTER 5 OF TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO CREATE A RESERVE DETENTION OFFICER PROGRAM, AND TO DESIGNATE SECTIONS 24-5-10 THROUGH 24-5-170 AS ARTICLE 1, CHAPTER 5 OF TITLE 24.
S. 840 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - BOARD OF ACCOUNTANCY, RELATING TO REVOCATION OF REGISTRATION AND PENALTIES FOR REINSTATEMENT, OFFICE REGISTRATION, AND RESPONSIBILITIES AND PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1818, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 841 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - REAL ESTATE COMMISSION, RELATING TO TEACHING METHODS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1846, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 441 -- Senator Richter: A BILL TO AMEND CHAPTER 31, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-31-215 SO AS TO PROVIDE A MECHANISM FOR THE ADDITION OF EX OFFICIO MEMBERS ON A COMMISSION OF PUBLIC WORKS IN CITIES WITH MORE THAN THIRTY THOUSAND RESIDENTS AND LESS THAN FIFTY THOUSAND RESIDENTS.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: 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 AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.
S. 525 -- Senator Courtney: A BILL TO AMEND SECTION 47-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR TEASING, MALTREATING, OR INJURING POLICE DOGS, SO AS TO CHANGE THE VIOLATION OF THESE OFFENSES FROM A MISDEMEANOR TO A FELONY AND TO INCREASE THE PENALTY.
The following Bill was taken up.
S. 397 -- Senator Ryberg: A BILL TO AMEND SECTION 61-1-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUMSTANCES UNDER WHICH A PARTIAL REFUND IS ALLOWED OF A LICENSED BEER, WINE, OR ALCOHOLIC LIQUOR LICENSE OR PERMIT FEE, SO AS TO PROVIDE A PARTIAL REFUND FOR ANY REASON WHICH RESULTED IN THE CLOSE OF THE LICENSED OR PERMITTED ESTABLISHMENT DURING THE FIRST YEAR OF THE BIENNIAL PERIOD AND TO PROVIDE FOR SUCH REFUNDS FOR BIENNIAL LICENSES OR PERMITS ISSUED AFTER JUNE 30, 1992.
Rep. FAIR proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\JIC\6035HTC.95), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Article 3, Chapter 9, Title 61 of the 1976 Code is amended by adding:
"Section 61-9-314. An establishment required to have the retail sales license provided in Article 5, Chapter 36 of Title 12 may not give away beer and wine to patrons or allow the consumption of beer and wine on the premises of the establishment without first obtaining the license provided pursuant to Section 61-9-310 for the on-premises consumption of beer and wine."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. FAIR explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 4 was out of order as it was not germane.
Rep. FAIR argued contra the Point.
The SPEAKER stated that it was not germane and he sustained the Point of Order and ruled the amendment out of order.
Rep. BREELAND moved to reconsider the vote whereby H. 3759 was given a second reading and the motion was noted.
Rep. FAIR proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\JIC\6044HTC.95), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Article 3, Chapter 9, Title 61 of the 1976 Code is amended by adding:
"Section 61-9-314. An establishment required to have the retail sales license provided in Article 5, Chapter 36 of Title 12 may not give away beer and wine to patrons for any period in excess of four hours a week or allow the consumption on the premises of the establishment beer and wine purchased elsewhere without first obtaining the license provided pursuant to Section 61-9-310 for the on-premises consumption of beer and wine."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KELLEY raised the Point of Order that Amendment No. 5 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Reps. RICHARDSON and J. HARRIS proposed the following Amendment No. 6, which was adopted.
Amend, as and if amended, by adding an appropriately numbered section which states:
Anyone who purchased a license on or after June 30, 1992 and paid a full two-year fee for a partial period shall be reimbursed for the portion not covered by a two-year period on a pro-rata basis.
Rep. RICHARDSON explained the amendment.
The amendment was then adopted.
Rep. KNOTTS proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\JIC\6037HTC.95), which was ruled out of order.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 12-33-210 of the 1976 Code, as last amended by Act 501 of 1992, is further amended by adding at the end:
"A person who initially applies for a license after the first day of a license period shall pay license fees in accordance with the schedule provided in Section 61-5-80(B)."
SECTION 2. Section 12-33-220 of the 1976 Code is repealed.
SECTION 3. Article 5, Chapter 3, Title 61 of the 1976 Code is amended by adding:
"Section 61-3-435. (A) Notwithstanding any other provision of law and in the case of a retail dealer's license only:
(1) a license may be sold in the existing location to any purchaser approved by the department who otherwise would qualify to hold such a license;
(2) upon the licensee's death, the license shall pass by will or operation of law or personal property of the decedent.
(B) If the department determines that the new holder of a retail license passing pursuant to subsection (A)(2) of this section is ineligible to hold the license pursuant to Section 61-3-420, it may suspend the license until compliance is obtained.
(C) The department shall not allow the transfer of a retail license under any circumstance when the transfer is to a holder in violation of Section 61-3-450, 61-3-460, or 61-3-461.
(D) A transferee holder under the provisions of this section has all the rights under the license of the original license holder, including exemption from the limitation imposed pursuant to Section 61-3-480.
(E) A retail dealer's license may be moved to a new location in compliance with Section 61-3-440 and with the approval of the department if the new location in a municipality is not within a radius of one thousand five hundred yards of an existing location or if an unincorporated area, within two thousand yards of an existing location. Removal to a new location is considered a renewal of a license and is subject to the public notice requirement of Section 61-3-490."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. KNOTTS explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 3 was out of order as it was not germane.
Rep. KNOTTS argued contra the Point.
The SPEAKER stated that the Bill dealt with refunds and the amendment dealt with the transfer of liquor licenses and he sustained the Point of Order and ruled the amendment out of order.
The Bill, as amended, was read the second time and ordered to third reading by a division vote of 26 to 3.
Rep. HARRISON asked unanimous consent that S. 397 be read a third time tomorrow.
Rep. MARCHBANKS objected.
The motion of Rep. BREELAND to reconsider the vote whereby the following Bill was given a second reading was taken up.
H. 3759 -- Reps. Fair, Herdklotz, Tripp, Mason, Cain, Waldrop, Kelley, Simrill, Limehouse and Meacham: A BILL TO ENACT THE "SOUTH CAROLINA FAIR DEALING WITH GOVERNMENT CIVIL RIGHTS ACT OF 1995"; TO AMEND SECTION 13-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MIDLANDS AUTHORITY OF SOUTH CAROLINA AND THE AUTHORITY'S GOVERNING BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE AUTHORITY COMPLY WITH THE PROVISIONS OF LAW RELATING TO ASSISTANCE TO MINORITY BUSINESSES; TO AMEND SECTION 13-21-30, RELATING TO THE EDISTO DEVELOPMENT AUTHORITY AND THE RIGHTS AND POWERS OF ITS GOVERNING BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE AUTHORITY COMPLY WITH THE PROVISIONS OF LAW RELATING TO ASSISTANCE TO MINORITY BUSINESSES; TO AMEND SECTION 41-43-90, AS AMENDED, RELATING TO THE SOUTH CAROLINA JOBS ECONOMIC DEVELOPMENT AUTHORITY AND TO THE CORPORATE AND OTHER POWERS OF THE AUTHORITY, SO AS TO DELETE THE REQUIREMENT THAT THE AUTHORITY COMPLY WITH THE PROVISIONS OF LAW RELATING TO ASSISTANCE TO MINORITY BUSINESSES; AND TO REPEAL SECTION 12-27-1320, RELATING TO GOALS OR SET-ASIDES FOR BUSINESSES OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED ETHNIC MINORITIES AND DISADVANTAGED FEMALES, AND ARTICLE 21 OF CHAPTER 35, TITLE 11, RELATING TO THE PROCUREMENT CODE AND ASSISTANCE TO MINORITY BUSINESSES.
Rep. CATO moved to table the motion to reconsider and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Cain Cato Chamblee Cooper Dantzler Delleney Easterday Fair Fleming Gamble Hallman Harris, J. Harris, P. Harrison Haskins Herdklotz Hutson Jaskwhich Keegan Kelley Kinon Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Marchbanks Mason McCraw McKay Meacham Neilson Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Wells Whatley Wilder Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Govan Hines Howard Inabinett Jennings Keyserling Lloyd McAbee McMahand McTeer Moody-Lawrence Neal Richardson Scott Thomas Whipper, L. Whipper, S. White Wilkes
So, the motion to reconsider was tabled.
The following Bill was taken up.
S. 90 -- Senators Wilson, Rose, Giese and Elliott: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4048CM.95), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. A. The 1976 Code is amended by adding:
"Section 24-3-435. Inmates under the supervision of the South Carolina Department of Corrections who are not considered a safety risk by the department may be utilized by a municipality, county, school district, and qualified charitable organizations exempt from taxation pursuant to Section 501(c)(3) of Title 26 of the United States Code of 1986 for the purposes of construction, repair, or maintenance services when the value of those construction services shall not exceed the limit allowable for unlicensed contractors pursuant to the South Carolina Contractors Licensing Law. Notwithstanding that the Department otherwise retains discretion to determine other categories of offenses which it deems a safety risk, an inmate convicted of a crime involving sexual battery as defined in Section 16-3-651 or assault with intent to commit criminal sexual conduct is considered a safety risk. The municipality, county, school district, or qualified 501(c)(3) organizations must reimburse the department for the cost of transportation of inmates. Inmates are not considered employees of the municipality, county, school district, or qualified 501(c)(3) organizations for worker's compensation purposes. Inmates shall not participate in this program if adequate supervision is not provided by the municipality, county, school district, or qualified 501(c)(3) organizations. Improvements of a structural, electrical, and mechanical nature must be designed by a qualified professional engineer and must be in compliance with applicable building codes. These improvements must be inspected and approved by a qualified professional engineer or a licensed commercial inspector."
B. The 1976 Code is amended by adding:
"Section 24-13-100. (A) Notwithstanding another provision of law, no prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including those prisoners serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is eligible for work release until the prisoner has served not less than:
(1) eighty percent of the actual term of imprisonment imposed if the prisoner is convicted of a 'violent' crime as defined under Section 16-1-60, irrespective of whether the prisoner is considered a violent offender; or
(2) sixty percent of the actual term of imprisonment imposed if the prisoner is convicted of a crime not listed in Section 16-1-60.
(B) These percentages must be calculated without the application of earned work credits, education credits, and good time credits. These percentages are to be applied to the actual term of imprisonment, not to include the portion of the sentence which has been suspended.
(C) If, during the term of imprisonment, a prisoner commits an offense or violates one of the rules of the institution, all or part of the credit he has earned may be forfeited at the discretion of the director of the Department of Corrections, if the prisoner is confined in facilities of the department, or in the discretion of the local official having charge of prisoners sentenced to terms of imprisonment at the local level. The decision to withhold credits is solely the responsibility of officials named in this subsection.
(D) This section does not apply to those prisoners serving time in a local correctional facility except those prisoners serving time in a local facility pursuant to a designated facility agreement."
C. The 1976 Code is amended by adding:
"Section 24-13-150. (A) Notwithstanding another provision of law, a prisoner convicted of an offense against this 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 authorized by Section 24-3-20, is not eligible for early release, discharge, or community supervision until the prisoner has served:
(1) eighty-five percent of the actual term of imprisonment imposed if the offender is convicted of a 'violent' crime as defined in Section 16-1-60, irrespective of whether the prisoner is considered a violent offender; or
(2) seventy percent of the actual term of imprisonment imposed if the offender is convicted of a crime not listed in Section 16-1-60.
(B) These percentages must be calculated without the application of earned work credits, education credits, and good time credits. These percentages are to be applied to the actual term of imprisonment, not to include the portion of the sentence which has been suspended.
(C) If, during the term of imprisonment, a prisoner commits an offense or violates one of the rules of the institution, all or part of the credit he has earned may be forfeited at the discretion of the director of the Department of Corrections, if the prisoner is confined in facilities of the department, or in the discretion of the local official having charge of prisoners sentenced to terms of imprisonment at the local level. The decision to withhold credits is solely the responsibility of officials named in this subsection.
(D) This section does not apply to those prisoners serving time in a local correctional facility except those prisoners serving time in a local facility pursuant to a designated facility agreement."
D. The 1976 Code is amended by adding:
"Section 24-13-175. Notwithstanding another provision of law, sentences imposed and time served must be computed based upon a three hundred and sixty-five day year."
E. The 1976 Code is amended by adding:
"Section 24-21-560. All sentences pronounced in General Sessions Court involving incarceration for a term in excess of one year for crimes committed on or after July 1, 1996, include the incarceration period and up to two years continuous community supervision. All persons who commit a crime on or after July 1, 1996, involving a sentence of incarceration for a term in excess of one year must satisfactorily complete a community supervision program operated by the Department of Probation and Community Supervision. A sentence of incarceration for a term of one year or less imposed in General Sessions Court for a crime committed on or after July1,1996, may in the discretion of the sentencing judge include a requirement for completion of a community supervision program operated by the Department of Probation and Community Supervision. This program must last no more than two continuous years at the sole discretion of the department. The General Sessions Court shall determine when a prisoner fails to complete this program or whether a prisoner's community supervision should be revoked. The proceeding must be initiated pursuant to a warrant or a citation issued by a probation agent setting forth the violations of the community supervision program. If the supervision is revoked, the court shall order the prisoner to serve up to one year for the violation of the terms of the original sentence without any credits and then return to community supervision. While under community supervision, prisoners are not eligible to earn any type of credits. All decisions made by the department in dealing with community supervision are final, with no right of appeal. A convict must not be released into the community without having satisfactorily completed a period of community supervision. If the prisoner's community supervision is revoked, the court shall determine if the prisoner must be returned to prison for up to one year and then placed back on community supervision until he satisfactorily completes it or his community supervision is again revoked. This process will continue until the prisoner has satisfactorily completed community supervision. The prisoner must successfully complete community supervision in order to be released from the criminal justice system. Successful completion of the community supervision program satisfies the prisoner's sentence.
The Department of Corrections shall notify the Department of Probation and Community Supervision of the projected release date of inmates one hundred eighty days in advance. For offenders sentenced to one hundred eighty days or less, the Department of Corrections shall notify immediately the Department of Probation and Community Supervision.
The Department of Probation and Community Supervision shall notify victims registered pursuant to Section 16-3-1530(c) and the sheriff's office of the place where the prisoner is to be released when he is released to community supervision."
F. Section 1-30-10(A)15 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"15. Department of Probation, Pardon and Parole Community Supervision"
G. Section 1-30-10(F)(2)(iii) of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"(iii) Department of Probation, Pardon and Parole Community Supervision created pursuant to Section 1-30-85 by the director of the former Department of Probation, Pardon and Parole;"
H. Section 1-30-85 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-30-85. Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall must be administered as part of the Department of Probation, Pardon and Parole Community Supervision:
Department of Probation, Pardon and Parole, formerly provided for at Section 24-21-10, et seq."
I. Section 16-3-20 of the 1976 Code, as last amended by Act 488 of 1992, is further amended to read:
"Section 16-3-20. (A) A person who is convicted of or pleads guilty to murder must be punished by death, or by imprisonment for life, and is not eligible for parole until the service of twenty years; provided, however, that when or by a mandatory minimum of thirty years. If the State seeks the death penalty and an a statutory aggravating circumstance is specifically found beyond a reasonable doubt pursuant to subsections (B) and (C), and a recommendation of death is not made, the court trial judge must impose a sentence of life imprisonment. without eligibility for parole until the service of thirty years. For purposes of this section, 'life' means until death. Provided, further, that Under no circumstances may a female who is pregnant with child be executed so long as she is in that condition pregnant. When the Governor commutes a sentence of death under the provisions of Section 14 of Article IV of the Constitution of South Carolina, 1895, the commutee is not eligible for parole. No person sentenced under the provisions of this subsection may receive any work-release credits, good-time credits, or any other credit that would reduce the mandatory imprisonment required by this subsection.
(B) When the State seeks the death penalty, upon conviction or adjudication of guilt of a defendant of murder, the court shall conduct a separate sentencing proceeding. In the proceeding, if a statutory aggravating circumstance is found, the defendant must be sentenced to either death or life imprisonment. If no statutory aggravating circumstance is found, the defendant must be sentenced to either life imprisonment or a mandatory minimum of thirty years. to determine whether the defendant should be sentenced to death or life imprisonment. The proceeding shall must be conducted by the trial judge before the trial jury as soon as practicable after the lapse of twenty-four hours unless waived by the defendant. If trial by jury has been waived by the defendant and the State, or if the defendant pleaded guilty, the sentencing proceeding shall must be conducted before the court judge. In the sentencing proceeding, the jury or judge shall hear additional evidence in extenuation, mitigation, or aggravation of the punishment. Only such evidence in aggravation as the State has made known to informed the defendant in writing prior to before the trial shall be is admissible. This section shall must not be construed to authorize the introduction of any evidence secured in violation of the Constitutions of the United States or the State of South Carolina or the applicable laws of either. The State, the defendant, and his counsel shall be are permitted to present arguments for or against the sentence to be imposed. The defendant and his counsel shall have the closing argument regarding the sentence to be imposed.
(C) The judge shall consider, or he shall include in his instructions to the jury for it to consider, any mitigating circumstances otherwise authorized or allowed by law and any of the following statutory aggravating and mitigating circumstances which may be supported by the evidence:
(a) Statutory aggravating circumstances:
(1) The murder was committed while in the commission of the following crimes or acts:
(a) criminal sexual conduct in any degree;
(b) kidnapping;
(c) burglary in any degree;
(d) robbery while armed with a deadly weapon;
(e) larceny with use of a deadly weapon;
(f) killing by poison;
(g) drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445; or
(h) physical torture.
(2) The murder was committed by a person with a prior conviction for murder.
(3) The offender by his act of murder knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which normally would be hazardous to the lives of more than one person.
(4) The offender committed the murder for himself or another for the purpose of receiving money or a thing of monetary value.
(5) The murder of a judicial officer, former judicial officer, solicitor, former solicitor, or other officer of the court during or because of the exercise of his official duty.
(6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person.
(7) The murder of a federal, state, or local law enforcement officer, peace officer or former peace officer, corrections employee or former corrections employee, or fireman or former fireman during or because of the performance of his official duties.
(8) The murder of a family member of an official listed in subitems (5) and (7) above with the intent to impede or retaliate against the official. 'Family member' means a spouse, parent, brother, sister, child, or person to whom the official stands in the place of a parent, or a person living in the official's household and related to him by blood or marriage.
(9) Two or more persons were murdered by the defendant by one act or pursuant to one scheme or course of conduct.
(10) The murder of a child eleven years of age or under.
(b) Mitigating circumstances:
(1) The defendant has no significant history of prior criminal conviction involving the use of violence against another person.
(2) The murder was committed while the defendant was under the influence of mental or emotional disturbance.
(3) The victim was a participant in the defendant's conduct or consented to the act.
(4) The defendant was an accomplice in the murder committed by another person and his participation was relatively minor.
(5) The defendant acted under duress or under the domination of another person.
(6) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired.
(7) The age or mentality of the defendant at the time of the crime.
(8) The defendant was provoked by the victim into committing the murder.
(9) The defendant was below the age of eighteen at the time of the crime.
(10) The defendant had mental retardation at the time of the crime. 'Mental retardation' means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.
The statutory instructions as to statutory aggravating and mitigating circumstances shall must be given in charge and in writing to the jury for its deliberation. The jury, if its verdict be is a recommendation of death, shall designate in writing, and signed by all members of the jury, the statutory aggravating circumstance or circumstances which it found beyond a reasonable doubt. The jury, if it does not recommend death, after finding an a statutory aggravating circumstance or circumstances beyond a reasonable doubt, shall designate, in writing, and signed by all members of the jury, designate the statutory aggravating circumstance or circumstances it found beyond a reasonable doubt. In nonjury cases the judge shall make such makes the designation. Unless at least one of the statutory aggravating circumstances enumerated in this section is so found, the death penalty shall must not be imposed.
Where a statutory aggravating circumstance is found and a recommendation of death is made, the court trial judge shall sentence the defendant to death. The trial judge, prior to before imposing the death penalty, shall find as an affirmative fact that the death penalty was warranted under the evidence of the case and was not a result of prejudice, passion, or any other another arbitrary factor. Where a statutory aggravating circumstance is found and a sentence of death is not recommended by the jury, the court trial judge shall sentence the defendant to life imprisonment as provided in subsection (A). In the event that all members of the jury after a reasonable deliberation cannot agree on a recommendation as to whether or not the death sentence should be imposed on a defendant found guilty of murder, the trial judge shall dismiss such jury and shall sentence the defendant to life imprisonment as provided in subsection (A). Before dismissing the jury, the trial judge shall question the jury as to whether or not it found an aggravating circumstance or circumstances beyond a reasonable doubt. If the jury has found an aggravating circumstance or circumstances beyond a reasonable doubt, the jury shall designate this finding, in writing, signed by all the members of the jury. The jury shall not recommend the death penalty if the vote for such penalty is not unanimous as provided. Before dismissing the jury, the trial judge shall question the jury as to whether or not it found a statutory aggravating circumstance or circumstances beyond a reasonable doubt. If the jury does not unanimously find any statutory aggravating circumstances or circumstances beyond a reasonable doubt, it shall not make a sentencing recommendation. Where a statutory aggravating circumstance is not found, the trial judge shall sentence the defendant to either life imprisonment or a mandatory minimum of thirty years. If the jury has found a statutory aggravating circumstance or circumstances beyond a reasonable doubt, the jury shall designate this finding, in writing, signed by all the members of the jury. The jury shall not recommend the death penalty if the vote for such penalty is not unanimous as provided. If members of the jury after a reasonable deliberation cannot agree on a recommendation as to whether or not the death sentence should be imposed on a defendant found guilty of murder, the trial judge shall dismiss such jury and shall sentence the defendant to life imprisonment as provided in subsection (A).
(D) Notwithstanding the provisions of Section 14-7-1020, in cases involving capital punishment any a person called as a juror shall must be examined by the attorney for the defense.
(E) In every a criminal action in which a defendant is charged with a crime which may be punishable by death, a person may not be disqualified, excused, or excluded from service as a juror therein by reason of his beliefs or attitudes against capital punishment unless such beliefs or attitudes would render him unable to return a verdict according to law."
J. Section 16-3-625 of the 1976 Code is amended to read:
"Section 16-3-625. Any A person seventeen years of age or older who resists the lawful efforts of a law enforcement officer to arrest him or her or any other another person with the use or threat of use of any a deadly weapon against the officer, when such and the person is in possession or claims to be in possession of a deadly weapon, shall be deemed is guilty of a felony and, upon conviction, shall must be punished by imprisonment for imprisoned for a mandatory minimum of five years and not more than ten nor less than two years. No sentence imposed hereunder for a first offense shall be suspended to less than six months nor shall the persons so sentenced be eligible for parole until after service of six months. No person sentenced under this section for a second or subsequent offense shall have such sentence suspended to less than two years nor shall such person be eligible for parole until after service of two years.
As used in this section 'deadly weapon' shall mean means a shotgun, rifle, pistol, or knife any instrument which can be used to inflict deadly force.
This section shall in no manner does not affect or replace the common law crime of assault and battery with intent to kill nor shall does it apply if the sentencing judge, in his discretion, elects to sentence an eligible defendant under the provisions of the 'Youthful Offenders Act'."
K. Section 16-3-1180(C) of the 1976 Code is amended to read:
"(C) The aggregate of award to and on behalf of victims may not exceed ten thousand dollars unless the Crime Victim's Advisory Board, by two-thirds vote, and the director concur that extraordinary circumstances exist. In such case, the award may not exceed twenty-five thousand dollars."
L. Section 16-3-1260 of the 1976 Code is amended to read:
"Section 16-3-1260. (1) Any A payment of benefits to, or on behalf of, a victim or intervenor, or eligible family member under this article shall create creates a debt due and owing to the State by any a person found in as determined by a court of competent jurisdiction of this State, to have who has committed such the criminal act.
(2) The circuit court, when placing on probation any a person who owes a debt to the State as a consequence of a criminal act, may set as a condition of probation the payment of the debt or a portion of the debt to the State. The court also may also set the schedule or amounts of payments subject to modification based on change of circumstances.
(3) The Department of Parole and Community Corrections shall also have the right to make payment of the debt or a portion of the debt to the State a condition of parole.
(4) When a juvenile is adjudicated delinquent in a family court proceeding involving a crime upon which a claim under this article can be made, the family court, in its discretion, may order that the juvenile pay the debt to the Victim's Compensation Fund State Office of Victim Assistance, as created by this article, as an adult would have to pay had an adult committed the crime. Any assessments so ordered may be made a condition of probation as provided in Section 20-7-1330.
(5)(4) Payments authorized or required under this section must be paid to the Victim's Compensation Fund State Office of Victim Assistance. The Director of the Victim's Compensation Fund State Office of Victim Assistance shall coordinate the development of policies and procedures for the South Carolina Department of Corrections, Department of Juvenile Justice, the South Carolina Office of Court Administration, and the South Carolina Board Department of Parole Probation and Community Corrections Supervision to assure that victim restitution programs are administered in an effective manner to increase payments into the Compensation Fund State Office of Victim Assistance.
(6)(5) Restitution payments to the Victim's Compensation Fund State Office of Victim Assistance may be made by the Department of Corrections from wages accumulated by offenders in its custody who are subject to this article, except that offenders wages shall must not be used for this purpose if such monthly wages are at or below minimums required to purchase basic necessities."
M. The first paragraph of Section 16-3-1530(C) of the 1976 Code, as last amended by Act 68 of 1991, is further amended to read:
"Victims and witnesses who wish to receive notification and information shall provide the solicitor, the Department of Corrections, and the Department of Probation, Parole and Pardon Services Community Supervision their current address and telephone number. This information, as it is contained in Department of Corrections and Department of Probation, Parole and Pardon Services Community Supervision files, is privileged and must not be disclosed directly or indirectly, except between these two departments, or by order of a court of competent jurisdiction. The solicitor's office which is prosecuting the case has the responsibility of the rights in this subsection, except items (6) and (7) which are the responsibility of the Department of Probation, Parole and Pardon Services Community Supervision and the Department of Corrections."
N. Section 16-3-1530(D)(3) of the 1976 Code is amended to read:
"(3) A victim has the right to receive restitution for expenses or property loss incurred as the result of the crime. The judge shall order restitution at every sentencing for a crime against person or property or as a condition of probation or parole, unless the court finds a substantial and compelling reason not to order restitution. The court shall diligently, fairly, and in a timely manner enforce all orders of restitution."
O. Section 16-3-1550(B) of the 1976 Code, as last amended by Act 579 of 1988, is further amended to read:
"(B) It is the responsibility of the solicitor's Victim or Witness Assistance Unit in each judicial circuit or a representative designated by the solicitor or law enforcement agency handling the case to advise all victims of their right to submit to the court, orally or in writing at the victim's option, a victim impact statement to be considered by the judge at the sentencing or disposition hearing in general sessions court and at a parole hearing. The solicitor's office or law enforcement agency shall provide a copy of the written form to any victim who wishes to make a written report. In those cases which the solicitor determines that there has been extensive or significant impact on the life of the victim, the Victim or Witness Assistance Unit shall assist the victim in completing the form. The victim shall submit this statement to the solicitor's office within appropriate time limits set by the solicitor to be filed in the court records by the solicitor's office so it may be available to the defense for a reasonable period of time prior to before sentencing. The court shall allow the defendant to have the opportunity to rebut the victim's written statement if the court decides to review any part of the statement before sentencing. If the defendant is incarcerated, the solicitor shall forward a copy of the impact statement and copies of all completed Victim/Witness Notification Requests to the Department of Corrections and to the Parole and Community Corrections Board Department of Probation and Community Supervision. Solicitors shall begin using these victim impact statements no later than January 1, 1985."
P. Section 16-11-311 of the 1976 Code is amended to read:
"Section 16-11-311. (A) A person is guilty of burglary in the first degree if the person enters a dwelling without consent and with intent to commit a crime therein in the dwelling, and either:
(1) when, in effecting entry or while in the dwelling or in immediate flight therefrom, he or another participant in the crime:
(a) is armed with a deadly weapon or explosive; or
(b) causes physical injury to any a person who is not a participant in the crime; or
(c) uses or threatens the use of a dangerous instrument; or
(d) displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or
(2) the burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or
(3) the entering or remaining occurs in the nighttime.
(B) Burglary in the first degree is a felony punishable by life imprisonment; provided, that the. For purposes of this section, 'life' means until death. The court, in its discretion, may sentence the defendant to a term of not less than fifteen years, provided, that no person convicted of burglary in the first degree shall be eligible for parole except upon service of not less than one-third of the term of the sentence."
Q. Section 17-25-45 of the 1976 Code is amended to read:
"Section 17-25-45. (1) A.(A) (1) Notwithstanding any other another provision of law, any a person who has three two convictions under the laws of this State, any other another state, or the United States, for a violent crime as defined in Section 16-1-60 except a crime for which a sentence of death has been imposed shall, upon the third conviction in this State for such a violent crime, except a crime for which a sentence of death has been imposed, must be sentenced to life imprisonment without parole. For purposes of this section 'life imprisonment' means until death.
B.(2) For the purpose of this section only, a conviction is considered a second conviction only if the date of the commission of the second crime occurred subsequent to the imposition of the sentence for the first offense. A conviction is considered a third conviction only if the date of the commission of the third crime occurred subsequent to the imposition of the sentence for the second offense. Convictions totaling more than three must be determined in a like manner.
(2)(B) The decision to invoke sentencing under subsection (1)(A) shall be is in the discretion of the solicitor. Written notice must be given by the solicitor to the defendant and defendant's counsel not less than ten days before trial."
R. Section 24-3-20 of the 1976 Code, as last amended by Act 181 of 1993 and Act 500 of 1994, is further amended to read:
"Section 24-3-20. (a)(A) Notwithstanding the provisions of Section 24-3-10, any a person convicted of an offense against the State of South Carolina and committed to the State Penitentiary at Columbia shall a state correctional facility must be in the custody of the South Carolina Department of Corrections of the State of South Carolina, and the director shall designate the place of confinement where the sentence shall must be served. 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. The director may designate as a place of confinement any available, suitable, and appropriate institution or facility, including a county jail or prison camp, whether maintained by the State department of Corrections or otherwise. Provided, that if If the facility is not maintained by the department, the consent of the sheriff of the county wherein where the facility is located must first be obtained.
The department shall notify the trial solicitor, sheriff, judge, and victims registered pursuant to Section 16-3-1530(c) before releasing inmates on work release. The department shall have the authority to deny release based upon the opinions received.
(b)(B) When the director determines, after the minimums provided in Section 24-13-100 have been served, that the character and attitude of a prisoner reasonably indicates that he may be so trusted, it he may extend the limits of the place of confinement of the prisoner by authorizing him to work at paid employment or participate in a training program in the community on a voluntary basis while continuing as a prisoner, provided that the director determines that:
(1) such the paid employment will not result in the displacement of employed workers, nor be applied in skills, crafts, or trades in which there is surplus of available gainful labor in the locality, nor impair existing contracts for services; and
(2) the rates of pay and other conditions of employment will not be less than those paid and provided for work of similar nature in the locality in which the work is to be performed.
No prisoner's place of confinement may be extended as permitted by this subsection who is currently serving a sentence for or has a prior conviction of criminal sexual conduct in the first, second, or third degree, attempted criminal sexual conduct, assault with intent to commit criminal sexual conduct, criminal sexual conduct when the victim is his legal spouse, criminal sexual conduct with a minor, lewd act on a child, engaging a child for sexual performance, or spousal sexual battery.
(c)(C) Notwithstanding the provisions of Section 24-3-10 or any other provisions of law, the department shall make available for use in litter control and removal any or all prison inmates not engaged in programs determined by the department to be more beneficial in terms of rehabilitation and cost effectiveness. Provided, however, that the The department of Corrections shall not make available for litter control those inmates who, in the judgment of the director, pose a significant threat to the community or who are not physically, mentally, or emotionally able to perform work required in litter control. No inmate shall must be assigned to a county prison facility except upon written acceptance of the inmate by the chief county administrative officer or his designee and no prisoner may be assigned to litter control in a county which maintains a facility unless he is assigned to the county prison facility. The department of Corrections shall include in its annual report to the Budget and Control Board an analysis of the job and program assignments of inmates. This plan shall include such programs as litter removal, prison industries, work release, education, and counseling. The department of Corrections shall make every effort to minimize not only inmate idleness but also occupation in marginally productive pursuits. The State Budget and Control Board and the Governor's Office shall comment in writing to the department concerning any necessary alterations in this plan.
(d)(D) Notwithstanding Section 24-13-100, the department of Corrections may establish a restitution program for the purpose of allowing persons convicted of nonviolent all offenses who are sentenced to the State department of Corrections to reimburse the victim for the value of the property stolen or damages caused by such the offense. In the event that there is If no victim is involved, the person convicted shall contribute to the administration of the program. The department of Corrections is authorized to promulgate regulations necessary to administer the program.
(e)(E) In the event that If a person is sentenced to not more than seven years and for not more than a second offense for the following offenses: larceny, grand larceny, forgery and counterfeiting, embezzlement, stolen property, damage to property, receiving stolen goods, shoplifting, housebreaking, fraud, vandalism, breach of trust with fraudulent intent, and storebreaking, the judge shall establish at the time of sentencing a maximum amount of property loss which may be used by the South Carolina department of Corrections in the administration of the restitution program."
S. Section 24-3-410(B)(1) of the 1976 Code, as last amended by Act 19 of 1991, is further amended to read:
"(1) articles manufactured or produced by persons on parole, or probation, or community supervision;"
T. Section 24-13-210 of the 1976 Code, as last amended by Section 437, Act 181 of 1993, is further amended to read:
"Section 24-13-210. (a)(A) Each A prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections including those prisoners a prisoner serving time in a local facility pursuant to a designated facilities agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution wherein where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of twenty three days for each month served. However, no prisoner is entitled to a reduction below the minimums provided in Section 24-13-150. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good behavior credit shall be is computed.
(b)(B) Each A prisoner convicted of an offense against this State and confined in a local correctional facility, or upon the public works of any county in this State, whose record of conduct shows that he has faithfully observed all the rules of the institution wherein where he is confined, and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of one day for every two days served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which good behavior credits must be computed.
(c)(C) If, during the term of imprisonment, a prisoner commits any an offense or violates any one of the rules of the institution, all or any part of his good conduct time may be forfeited at the discretion of the Director of the Department of Corrections, if the prisoner be is confined in facilities of the department, or in the discretion of the local official having charge of prisoners sentenced to terms of imprisonment at the local level. The decision to withhold forfeited good conduct time is solely the responsibility of officials named in this subsection.
(d) Any person who has served the term for which he has been sentenced less deductions allowed therefrom for good conduct, is considered upon release to have served the entire term for which he was sentenced.
(D) Credits earned under this section may not be applied in a manner which would prevent full participation in the department's prerelease and community supervision program."
U. Section 24-13-230(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(a) The Director of the Department of Corrections may allow any a prisoner in the custody of the department, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of zero to one day for every two days computed at the rate of six days for every month he is employed or enrolled. However, no inmate serving the sentence of life imprisonment is entitled to credits under this provision. A maximum annual credit for both work credit and class credit is limited to one hundred eighty seventy-two days. However, no inmate is entitled to a reduction below the minimums provided in Section 24-13-150. The amount of credit to be earned for each duty classification or enrollment must be determined by the director and published by him in a conspicuous place available to inmates at each correctional institution. No credits earned under this section may be applied in a manner which would prevent full participation in the department's prerelease and the community supervision program under Section 24-21-560."
V. Section 24-13-1320(B) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(B) For each reception center the commissioner director shall appoint or cause to be appointed a shock incarceration selection committee which must include at least one representative of the Department of Probation, Parole, and Pardon Services Community Supervision and which shall meet on a regularly scheduled basis to review all applications for a program."
W. Section 24-13-1330 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-13-1330. (A) An eligible inmate may make an application to the shock incarceration screening committee for permission to participate in a shock incarceration program. If the department has a victim witness notification request for an eligible inmate who has made an application, it shall notify the victim of the application.
(B) The committee shall consider input received from law enforcement agencies, victims, and others in making its decision for approval or disapproval of participation. If the committee determines that an inmate's participation in a program is consistent with the safety of the community, the welfare of the applicant, and the regulations of the department, the committee shall forward the application to the director or his designee for approval or disapproval.
(C)(B) An applicant may not participate in a program unless he agrees to be bound by all of its terms and conditions and indicates this agreement by signing the following:
'I accept the foregoing program and agree to be bound by its terms and conditions. I understand that my participation in the program is a privilege that may be revoked at the sole discretion of the director. I understand that I shall complete the entire program successfully to obtain a certificate of earned eligibility upon the completion of the program, and if I do not complete the program successfully, for any reason, I will be transferred to a nonshock incarceration correctional facility to continue service of my sentence.'
(D)(C) An inmate who has completed a shock incarceration program successfully is eligible to receive a certificate of earned eligibility and must be granted parole release released to community supervision for a period of two continuous years, notwithstanding the provisions of Section 24-21-560, and with the requirement to pay restitution, if applicable.
(E)(D) Participation in a shock incarceration program is a privilege. Nothing contained in this article confers upon an inmate the right to participate or continue to participate in a program."
X. Section 24-13-1520(1) and (2) of the 1976 Code, as last amended by Act 181 of 1993 and Act 508 of 1994, is further amended to read:
"(1) 'Department' means, in the case of a juvenile offender, the Department of Juvenile Justice and, in the case of an adult offender, the Department of Probation, Parole and Pardon Services Community Supervision, the Department of Corrections, and any other law enforcement agency created by law.
(2) 'Court' means a circuit, family, magistrate's, or municipal court having criminal or juvenile jurisdiction to sentence an individual to incarceration for a violation of law, the Department of Probation, Parole and Pardon Services Community Supervision, the Board of Juvenile Parole, and the Department of Corrections."
Y. Section 24-13-1590(2) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(2) diminishes the lawful authority of the courts of this State, the Department of Juvenile Justice, or the Department of Probation, Parole and Pardon Services Community Supervision to regulate or impose conditions for probation, or parole, or community supervision."
Z. Section 24-19-160 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-19-160. Nothing in this chapter shall limit limits or affect affects the power of any a court to suspend the imposition or execution of any a sentence and place a youthful offender on probation.
Nothing in this chapter shall may be construed to amend, repeal, or affect the jurisdiction of the Department of Probation, Parole, and Pardon Services Board Community Supervision. For parole purposes, a sentence pursuant to Section 24-19-50 (c) shall be considered a sentence for six years."
AA. Section 24-21-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-10. (A) The Department of Probation, Parole and Pardon Services Community Supervision, hereafter referred to as the 'department', is governed by the director of Probation, Parole and Pardon Services the department, hereafter referred to as the 'director'. The director must be appointed by the Governor with the advice and consent of the Senate.
(B) The Board of Probation, Parole and Pardon Services Pardons is composed of seven members. The terms of office of the members are for six years four years with a maximum service of three terms and until their successors are appointed and qualify. Six of the seven members must be appointed from each of the congressional districts and one member must be appointed at-large. Vacancies must be filled by gubernatorial appointment with the advice and consent of the Senate for the unexpired term. If a vacancy occurs during a recess of the Senate, the Governor may fill the vacancy by appointment for the unexpired term pending the consent of the Senate. A chairman must be elected annually by a majority of the membership of the board. The chairman may serve consecutive terms."
BB. Section 24-21-13 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-13. (A) It is the duty of the director to oversee, manage, and control the department. The director shall develop written policies and procedures for the following:
(1) the supervising of offenders on probation, parole, and other offenders released from incarceration prior to the expiration of their sentence community supervision;
(2) the consideration of paroles and pardons and the supervision and removal of offenders on community supervision and other offenders released from incarceration before the expiration of their sentence. Community supervision is a form of clemency which is decided administratively by the Department of Probation and Community Supervision. No inmate or future inmate shall have a 'liberty interest' or an 'expectancy of release' in community supervision. There is no right to appeal the revocation decision;
(3) the operation of community-based correctional programs; and
(4) the operation of public work sentence programs for offenders as provided in item (1) of this subsection. This program also may be utilized as an alternative to technical revocations.; and
The director shall establish priority programs for litter control along state and county highways. This must be included in the 'public service work' program.
(B) It is the duty of the board to consider cases for parole, and pardon, and any other form of clemency provided for under law."
CC. Section 24-21-30 of the 1976 Code is amended to read:
"Section 24-21-30. All persons who commit a crime after June 30, 1996, are not eligible for parole consideration. For crimes committed before July 1, 1996, the board shall hold regular meetings, as may be necessary to carry out its duties, but at least four times each year, and as many extra meetings as the chairman, or the Governor acting through the chairman, may order. The board may preserve order at its meetings and punish any disrespect or contempt committed in its presence. The chairman may direct the members of the board to meet as three-member panels to hear matters relating to paroles and pardons as often as necessary to carry out the board's responsibilities. Membership on such panels shall be periodically rotated on a random basis by the chairman. At the meetings of the panels, any unanimous vote shall be considered the final decision of the board, and the panel may issue an order of parole with the same force and effect of an order issued by the full board pursuant to Section 24-21-650. Any vote that is not unanimous shall not be considered as a decision of the board and the matter shall be referred to the full board which shall decide it based on a vote of a majority of the membership. The board may grant parole to a violent offender by a two-thirds majority vote of the full board. The board may grant parole to an offender who committed a violent crime before June 3, 1986, by a majority vote. The board may grant parole to a nonviolent offender by a unanimous vote of a three-member panel or by a majority vote of the full board."
DD. Section 24-21-50 of the 1976 Code is amended to read:
"Section 24-21-50. The board shall grant hearings and permit arguments and appearances by counsel or any individual before it at any such hearing while considering any a case for parole, or pardon or any other form of clemency provided for under law. No inmate has a right of confrontation at the hearing."
EE. Section 24-21-60 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-60. Every Each city, county, or state official or department shall assist and cooperate to further the objectives of this chapter. The board, the director of the department, and the probation agents may seek the cooperation of officials and departments and especially of the sheriffs, jailers, magistrates, police officials, and institutional officers. The director may conduct surveys of the State Penitentiary, county jails, and camps and obtain information to enable the board to pass intelligently upon all applications for parole. The Director of the Department of Corrections and the wardens, jailers, sheriffs, supervisors, or other officers in whose control a prisoner may be committed must aid and assist the director and the probation agents in the surveys."
FF. Section 24-21-80 of the 1976 Code, as last amended by Section 26, Part II, Act 164 of 1993, is further amended to read:
"Section 24-21-80. Every person granted parole by the board and every An adult placed on probation, parole, or community supervision by a court of competent jurisdiction shall pay a regular supervision fee toward offsetting the cost of his supervision for so long as he remains under supervision. The regular supervision fee must be determined by the Department of Probation and Community Supervision based upon the ability of the person to pay. The fee must be not less than twenty dollars nor more than one hundred dollars per month. The fee is due on the date of sentencing or as soon as determined by the department and each subsequent anniversary for the duration of the supervision period. The department shall remit from the fees collected an amount not to exceed the regular supervision fees collected during fiscal year 1992-93 for credit to the State General Fund. All regular supervision fees collected in excess of the fiscal year 1992-93 amount must be retained by the department, carried forward, and applied to the department's operation. The payment of the fee must be a condition of parole or probation, parole, or community supervision and a delinquency of two months or more in making payments may operate as a revocation. of parole or probation rendering the violator liable to serving out any remaining part of his sentence, after determination by the board or the court.
If a probationer is placed under intensive supervision by a court of competent jurisdiction, or if the board places a parolee under intensive supervision, or if the department places an inmate who is participating in the Supervised Furlough Program is placed community supervision program under intensive supervision, the probationer, parolee, or inmate is required to pay not less than ten dollars nor more than thirty dollars each week for the duration of intensive supervision in lieu of the regular supervision fee. The intensive supervision fee must be determined by the department based upon the ability of the person to pay. Fees derived from persons under intensive supervision must be retained by the department, carried forward, and applied to the department's operation. The department may exempt any individual supervised by the department on any community supervision program from the payment of a part or all of the yearly or weekly fee during any part or all of the supervision period only if the department determines that exceptional circumstances exist such that these payments work a severe hardship on the individual. Delinquencies of two months or more in payment of a reduced fee operates in the same manner as delinquencies for the full amount. The department may substitute public service employment for supervision fees when it considers the same to be in the best interest of the State and the individual."
GG. Section 24-21-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-220. The director shall be is vested with the exclusive management and control of the department and shall be is responsible for the management of the department and for the proper care, treatment, supervision, and management of offenders under its control. The director shall manage and control the department and it shall be is the duty of the director to carry out the policies of the department. The director is responsible for scheduling board meetings, assuring that the proper cases and investigations are prepared for the board, maintaining the board's official records, and performing other administrative duties relating to the board's activities. The director must employ within his office such personnel as may be necessary to carry out his duties and responsibilities including the functions of probation, and parole, and community supervision, community based programs, financial management, research and planning, staff development and training, and internal audit. The director shall make annual written reports to the board, the Governor, and the General Assembly providing statistical and other information pertinent to the department's activities."
HH. Section 24-21-230 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-230. The director must employ such probation agents as required for service in the State and such clerical assistants as may be necessary. Such The probation and parole agents must take and pass such psychological and qualifying examinations as directed by the director. The director must ensure that each probation agent receives adequate training. Until such the initial employment requirements are met, no person may take the oath of a probation agent nor exercise the authority granted thereto to them."
II. Section 24-21-280 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-280. A probation agent must investigate all cases referred to him for investigation by the judges or director and report in writing. He must furnish to each person released on probation, parole, or community supervision under his supervision a written statement of the conditions of probation, parole, or community supervision and must instruct him regarding them. He must keep informed concerning the conduct and condition of each person on probation, or parole, or community supervision under his supervision by visiting, requiring reports, and in other ways, and must report in writing as often as the court or director may require. He must use practicable and suitable methods to aid and encourage persons on probation, or parole, or community supervision to bring about improvement in their conduct and condition. A probation agent must keep detailed records of his work, make reports in writing, and perform other duties as the director may require. A probation agent must have, in the execution of his duties, the power to issue an arrest warrant or a citation charging a violation of conditions of supervision, the powers of arrest, and to the extent necessary the same right to execute process given by law to sheriffs. In the performance of his duties of probation, and parole, and community supervision, and investigation and supervision, he is regarded as the official representative of the court, and the department, and the board."
JJ. Section 24-21-300 of the 1976 Code is amended to read:
"Section 24-21-300. At any time during a period of supervision, a probation and parole agent, instead of issuing a warrant, may issue a written citation and affidavit setting forth that the probationer, parolee, or community supervision releasee, or any a person released or furloughed under the Prison Overcrowding Powers Offender Management Systems Act in the agent's judgment violates the conditions of his release or suspended sentence. The citation must be directed to the probationer, parolee, the community supervision releasee, or the person released or furloughed, and must require him to appear at a specified time, date, and court or other place, and must state the charges. The citation must set forth the probationer's, parolee's, or released or furloughed person's rights and contain a statement that a hearing will be held in his absence if he fails to appear and that he may be imprisoned as a result of his absence. The citation may be served by a law enforcement officer upon the request of a probation and parole agent. A certificate of service is sufficient proof of service. The issuance of a citation or warrant during the period of supervision gives jurisdiction to the court and the board at any hearing on the violation."
KK. Section 24-21-910 of the 1976 Code is amended to read:
"Section 24-21-910. The Probation, Parole, and Pardon Services Board of Pardons shall consider all petitions for reprieves or the commutation of a sentence of death to life imprisonment which may be referred to it by the Governor and shall make its recommendations to the Governor regarding such the petitions. The Governor may or may not adopt such the recommendations but in case he does not he shall submit his reasons for not doing so to the General Assembly. The Governor may act on any such petition without reference to the board."
LL. Section 24-21-950 of the 1976 Code is amended to read:
"Section 24-21-950. (A) The following guidelines shall must be utilized by the board when determining when an individual is eligible for pardon consideration.
A.(1) Probationers shall must be considered upon the request of the individual anytime after discharge from supervision.
B.(2) Persons discharged from a sentence without benefit of parole shall must be considered upon the request of the individual anytime after the date of discharge.
C.(3) Parolees shall must be considered for a pardon upon the request of the individual anytime after the successful completion of five years under supervision. Parolees successfully completing the maximum parole period, if less than five years, shall must be considered for pardon upon the request of the individual anytime after the date of discharge.
D.(4) An inmate shall must be considered for pardon prior to before a parole eligibility date only when he can produce evidence comprising the most extraordinary circumstances.
E.(5) The victim of a crime or any a member of a convicted person's family living within this State may petition for a pardon for any a person who is no longer an inmate or a probationer has completed supervision or has been discharged from a sentence.
(B) Persons discharged from a sentence without benefit of supervision must be considered upon the request of the individual anytime after the date of discharge."
MM. Section 24-23-20 of the 1976 Code is amended to read:
"Section 24-23-20. The case classification plan shall must provide for case classification system consisting of the following:
(a)(1) supervisory control requirements which include, but are not limited to, restrictions on the probationer/parolee's movement in the community, living arrangements, social associations, and reporting requirements;
(b)(2) rehabilitation needs of probationer/parolee including, but not limited to, employment, education, training, alcohol and drug treatment, counseling and guidance with regard to alcohol and drug abuse, psychological or emotional problems, or handicaps;
(c)(3) categorization of the offender as to the extent and type of staff time needed, possible assignment to specialized caseload or treatment programs, and specifics as to the degree of perceived risk posed by the probationer/parolee;
(d)(4) identification of strategies and resources to meet the identified needs, and specific objectives for the probationer/parolee to strive to meet such as obtaining employment, participating in a counseling program, and securing better living arrangements;
(e)(5) periodic and systematic review of cases to assess the adequacy of supervisory controls, participation in rehabilitation programs, and need for recategorization based upon the behavior and progress of the probationer/parolee; and
(f)(6) regular statewide monitoring and evaluation of the case classification by appropriate supervisory, classification, and program development/ and evaluation staff in the central administrative office."
NN. Section 24-23-30 of the 1976 Code is amended to read:
"Section 24-23-30. The community corrections plan shall must include, but is not be limited to, describing the following community-based program needs:
(a)(1) an intensive supervision program for probationers and parolees supervised prisoners who require more than average supervision;
(b)(2) a supervised inmate furlough or community supervision program whereby inmates under the jurisdiction of the Department of Corrections can be administratively transferred to the supervision of state probation and parole agents for the purposes of prerelease preparation, securing employment and living arrangements, or obtaining rehabilitation services;
(c)(3) a contract rehabilitation services program whereby private and public agencies, such as the Department of Vocational Rehabilitation and the Department of Mental Health and the various county commissions on alcohol and drug abuse, provide diagnostic and rehabilitative services to offenders who are under the board's jurisdiction;
(d)(4) community-based residential programs whereby public and private agencies as well as the board establish and operate halfway houses for those offenders who cannot perform satisfactorily on probation or parole community supervision;
(e)(5) expanded use of presentence investigations and their role and potential for increasing the use of community-based programs, restitution, and victim assistance; and
(f)(6) identification of programs for youthful and first offenders."
OO. Section 24-23-40 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-23-40. The community corrections plan shall provide for the department's:
(a)(1) The department's development, implementation, monitoring, and evaluation of statewide policies, procedures, and agreements with state agencies, such as the Departments Department of Vocational Rehabilitation, the Department of Mental Health, and the Department of Alcohol and Other Drug Abuse Services, for purposes of coordination and referral of probationers, and parolees, and community supervision releasees for rehabilitation services.
(b)(2) The department's development of specific guidelines for the vigorous monitoring of restitution orders and fines to increase the efficiency of collection and development of a systematic reporting system so as to notify the judiciary of restitution and fine payment failures on a regular basis.
(c)(3) The department's development of a program development and evaluation capability so that the department can monitor and evaluate the effectiveness of the above programs as well as to conduct research and special studies on such issues as parole outcomes, revocations and recidivism.
(d)(4) The department's development of adequate training and staff development for its employees."
PP. The second paragraph of Section 24-23-115 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"The Department of Probation, Parole and Pardon Services Community Supervision shall establish by regulation pursuant to the Administrative Procedures Act a definition of the term 'public service work', and a mechanism for supervision of persons performing public service work."
QQ. Section 24-23-130 of the 1976 Code, as last amended by Act 134 of 1991, is further amended to read:
"Section 24-23-130. Upon the satisfactory fulfillment of the conditions of probation for a period of two years, the court may, with the recommendation of the agent in charge of the responsible county probation office, may terminate the probationer or supervised prisoner from supervision."
RR. The second paragraph of Section 24-23-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Assessments imposed as a condition of supervision upon release from prison as specified in Section 24-23-210 must be collected by the supervising agent who shall transmit those funds to the Department of Probation, Parole and Pardon Services Community Supervision where it must be deposited in to the State treasury Treasurer. The county treasurer, after duly noting and recording the receipt of the payments, shall transfer those funds to the State Treasurer who shall deposit them in the state's general fund. Assessments collected by municipal courts must be paid monthly to the municipal financial officer who, after duly noting and recording the receipt of the payments, shall transfer those funds to the State Treasurer as provided in this section. From these funds, an amount equal to one-half of the amount deposited in fiscal year 1986-87 must be appropriated to the department for the purpose of developing and operating community corrections programs. The remainder of the funds must be deposited in the Victim's Compensation Fund. The director shall monitor the collection and reporting of these assessments imposed as a condition of supervision and assure that they are duly transferred properly to the State Treasurer."
SS. Sections 24-1-200, 24-13-60, 24-13-270, 24-13-610, 24-13-620, 24-13-630, 24-13-710,and 24-13-720 of the 1976 Code are repealed.
TT. The Code Commissioner shall change all references in the Code of Laws of South Carolina, 1976, to the "Board of Probation, Parole, and Pardon Services" and the "Probation, Parole, and Pardon Board" or to the "Department of Probation, Parole and Pardon Services" and the "Department of Probation, Pardon and Parole" to the "Board of Pardons" and the "Department of Probation and Community Supervision" respectively.
UU. All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and offenses committed after the effective date of this act.
VV. A study committee shall be appointed to study mandatory minimum sentences and alternative sentences for nonviolent offenders and examine of anti-recidivism methods for first time non violent offenders and report back to the General Assembly no later than the first day of session, 1996. The committee shall be composed of the following: The S.C. Attorney General or his designee, three appointees of the Speaker of the House of Representatives and three appointees of the President of the S.C. Senate. The committee shall be staffed by the Sentencing Guidelines Commission and the staffs of the House and Senate Judiciary Committee.
SECTION 3. Section 1 takes effect upon approval by the Governor and Section 2 takes effect July 1, 1996, and applies to all crimes committed on or after that date./
Renumber sections to conform.
Amend title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that S. 90 be read the third time tomorrow.
The following Joint Resolution was taken up.
H. 4228 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - BOARD OF ACCOUNTANCY, RELATING TO REVOCATION OF REGISTRATION AND PENALTIES FOR REINSTATEMENT, OFFICE REGISTRATION, AND RESPONSIBILITIES AND PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1818, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. CATO moved to table the Joint Resolution, which was agreed to.
The following Bill was taken up.
S. 264 -- Senators Stilwell, Moore, Rose and Jackson: A BILL TO AMEND SECTION 1-3-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR FILLING VACANCIES IN AN OFFICE OF THE EXECUTIVE DEPARTMENT BY APPOINTMENT UNDER CERTAIN CONDITIONS, SO AS TO EXCLUDE THE OFFICE OF LIEUTENANT GOVERNOR BECAUSE THE MANNER IN WHICH VACANCIES IN THIS OFFICE ARE FILLED ARE PROVIDED FOR IN OTHER PROVISIONS OF LAW; SECTION 1-3-240, AS AMENDED, RELATING TO THE REMOVAL OF STATE AND COUNTY OFFICERS, BY THE GOVERNOR, SO AS TO REVISE A REFERENCE TO THE DEPARTMENT OF REVENUE AND TAXATION AND ITS COMMISSION; SECTION 1-7-920, RELATING TO THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO CORRECT A REFERENCE TO A REPRESENTATIVE ON THE COMMISSION FROM THE DEPARTMENT OF PUBLIC SAFETY; SECTION 1-7-940, RELATING TO THE DUTIES OF THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO REQUIRE THE COMMISSION TO PROVIDE TRAINING FOR VICTIM/WITNESS ASSISTANCE UNITS WITHIN THE SOLICITORS' OFFICES; SECTION 1-11-310, AS AMENDED, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 1-19-60, RELATING TO THE COMPOSITION OF THE STATE DEVELOPMENT BOARD, SO AS TO PROVIDE THAT ONE OF THE GUBERNATORIAL APPOINTEES MAY BE THE DIRECTOR OF THE DEPARTMENT OF COMMERCE OR HIS DESIGNEE RATHER THAN A MEMBER OF THE STATE DEVELOPMENT BOARD; SECTION 1-23-10, RELATING TO DEFINITIONS UNDER THE STATE REGISTER AND CODE OF REGULATIONS, SO AS TO PROVIDE THAT THE DEFINITION OF "REGULATION" DOES NOT INCLUDE RULES OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 1-23-111, RELATING TO THE PROCESS FOR PROMULGATING REGULATIONS, SO AS TO AUTHORIZE THE CHAIRMAN OF THE BOARD OF A DEPARTMENT TO DESIGNATE A MEMBER OF THE BOARD TO PRESIDE DURING SUCH HEARINGS; SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEDURES UNDER THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALL DECISIONS OF THE DEPARTMENT OF REVENUE MUST BE MADE PUBLIC EXCEPT WHERE REDACTED COPIES ARE WARRANTED AND TO CLARIFY THE TYPES OF HEARINGS OVER WHICH ADMINISTRATIVE LAW JUDGES SHALL PRESIDE; SECTION 1-30-10, RELATING TO THE DEPARTMENTS OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CORRECT A REFERENCE TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 1-30-25, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 1-30-35, RELATING TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS OF THE 1976 CODE CONTAINED IN THIS SECTION; SECTION 1-30-85, RELATING TO THE DEPARTMENT OF PROBATION, PARDON AND PAROLE, SO AS TO CORRECT THE NAME OF THE DEPARTMENT TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; TO AMEND SECTION 2-7-73, AS AMENDED, RELATING TO LEGISLATIVE ENACTMENTS AND THE REQUIREMENT THAT BILLS AND RESOLUTIONS MANDATING HEALTH INSURANCE COVERAGE MUST HAVE FISCAL IMPACT STATEMENTS, SO AS TO DELETE CERTAIN LANGUAGE WHICH PREVIOUSLY REFERRED TO THE FORMER "CHIEF INSURANCE COMMISSIONER"; SECTION 2-13-190, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE ANNUAL ACTS AND JOINT RESOLUTIONS OF THE GENERAL ASSEMBLY, SO AS TO CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO WHOM THESE ACTS AND JOINT RESOLUTIONS ARE PROVIDED AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION; SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO WHOM THESE CODES ARE PROVIDED AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION; SECTION 2-19-10, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO REFER TO AN EXCEPTION CONTAINED IN THE RESTRUCTURING ACT PERTAINING TO THE ELECTION OF MEMBERS OF THE PUBLIC SERVICE COMMISSION; SECTION 4-10-25, AS AMENDED, RELATING TO THE EXEMPTION OF GROSS PROCEEDS OF SALES OF TANGIBLE PERSONAL PROPERTY FROM THE LOCAL SALES AND USE TAX, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-10-60, AS AMENDED, RELATING TO THE WITHHOLDINGS FROM THE AMOUNT OF SALES AND USE TAX COLLECTED BY COUNTIES, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-10-65, RELATING TO THE DISTRIBUTION OF UNIDENTIFIED LOCAL SALES AND TAX REVENUES, SO AS TO CHANGE A REFERENCE TO TAX COMMISSION TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-10-80, AS AMENDED, RELATING TO REPORTS OF THE TOTAL AMOUNT OF REVENUE COLLECTED FROM THE LOCAL SALES AND USE TAX, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-10-90, AS AMENDED, RELATING TO ADMINISTRATION OF THE LOCAL SALES AND USE TAX BY THE DEPARTMENT OF REVENUE, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE REQUIRED IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-29-69, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES ALLOWED CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 6-19-30, RELATING TO AN ADVISORY COMMITTEE FOR STATE WATER AND SEWER AUTHORITY GRANTS, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO DELETE OBSOLETE LANGUAGE; SECTION 9-1-1535, RELATING TO RETIREMENT OF WILDLIFE CONSERVATION OFFICERS, SO AS TO REVISE THE NAMES OF THE OFFICERS, THE LAW ENFORCEMENT SECTION, AND THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; SECTION 10-1-100, RELATING TO REQUIREMENTS IN STATE CONTRACTS FOR APPLICABLE POLLUTION PREVENTION AND NATURAL RESOURCE PROTECTION REQUIREMENTS, SO AS TO CONFORM A REFERENCE TO THE HIGHWAY DEPARTMENT TO THE RESTRUCTURING ACT; SECTION 11-9-825, AS AMENDED, RELATING TO ADDITIONAL STAFF FOR THE BOARD OF ECONOMIC ADVISORS, SO AS TO CONFORM THE REFERENCE TO THE CHAIRMAN OF THE DEPARTMENT OF REVENUE TO THE PROVISIONS OF THE RESTRUCTURING ACT EFFECTIVE FEBRUARY 1, 1995; SECTION 11-35-1520, AS AMENDED, RELATING TO COMPETITIVE SEALED BIDS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 12-4-15, RELATING TO THE DIVISIONS OF THE DEPARTMENT OF REVENUE, SO AS TO DELETE THE STATUTORY DIVISIONS; SECTION 12-4-30, AS AMENDED, RELATING TO THE COMMISSIONERS OF THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE REQUIREMENTS FOR THE DEPARTMENT'S DIRECTOR; TO AMEND SECTIONS 12-4-40, 12-4-50, 12-4-60, AND 12-4-70, AS AMENDED, RELATING TO THE TAX COMMISSION, SO AS TO REVISE REFERENCES TO THE COMMISSIONER AND COMMISSION; SECTION 12-4-340, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO CONTRACT WITH A COLLECTION AGENCY TO COLLECT DELINQUENT TAXES, SO AS TO CONFORM A REFERENCE TO THE RESTRUCTURING ACT; SECTION 12-4-760, RELATING TO APPEALS FROM THE TAX COMMISSION TO THE TAX BOARD OF REVIEW, SO AS TO CHANGE REFERENCES OF THE TAX COMMISSION TO THE ADMINISTRATIVE LAW JUDGE DIVISION AND CHANGE REFERENCES TO THE TAX BOARD OF REVIEW TO THE CIRCUIT COURT; SECTION 12-21-2423, AS AMENDED, RELATING TO THE TEMPORARY DEDICATION OF A PORTION OF ADMISSIONS TAX REVENUES TO THE DEVELOPMENT OF MAJOR TOURISM OR RECREATION FACILITY, SO AS TO CONFORM REFERENCES TO VARIOUS STATE AGENCIES TO THE RESTRUCTURING ACT AND TO DELETE ADVISORY FROM THE NAME OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE; SECTION 12-21-2720, AS AMENDED, RELATING TO FEES FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO CONFORM REFERENCES TO TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 12-21-2738, AS AMENDED, RELATING TO THE PENALTIES FOR VIOLATION OF THE COIN-OPERATED DEVICE LICENSING LAWS, SO AS TO CONFORM A REFERENCE TO THE RESTRUCTURING ACT; ARTICLE 20, CHAPTER 21, TITLE 12, THE VIDEO GAME MACHINES ACT, SO AS TO CONFORM REFERENCES IN THE ARTICLE TO THE SOUTH CAROLINA TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTIONS 12-21-5020, 12-21-5030, 12-21-5040, 12-21-6010, 12-21-6040, AND 12-21-6050, RELATING TO THE MARIJUANA AND CONTROLLED SUBSTANCE TAX ACT, SO AS TO CHANGE REFERENCES TO THE TAX COMMISSION TO CONFORM TO THE RESTRUCTURING ACT; SECTION 12-27-390, AS AMENDED, RELATING TO THE DISTRIBUTION TO COUNTIES OF A PORTION OF GASOLINE TAXES THROUGH THE WATER RECREATIONAL RESOURCES FUND, SO AS TO CHANGE REFERENCES TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO THE PROVISIONS OF THE RESTRUCTURING ACT EFFECTIVE JULY 1, 1994; SECTION 12-27-400, AS AMENDED, RELATING TO THE USE OF "C" FUNDS, SO AS TO CONFORM REFERENCES TO STATE AGENCIES TO THE RESTRUCTURING ACT; SECTION 12-27-1270, AS AMENDED, RELATING TO THE PORTION OF THE SHIMS GASOLINE TAX REVENUES SET ASIDE IN THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO CONFORM THE REFERENCE TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO THE APPROPRIATE DIVISION OF THE DEPARTMENT OF COMMERCE AND TO DELETE AN OBSOLETE PROVISION; SECTION 12-36-1710, AS AMENDED, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO REVISE THE REFERENCE TO THE DEPARTMENT OF REVENUE AND TAXATION AND CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 12-36-2570, AS AMENDED, RELATING TO THE TIME OF PAYMENT OF SALES AND USE TAX, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 12-36-2610, AS AMENDED, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF THE SALES TAX, SO AS TO CONFORM REFERENCE TO THE TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND THE DEPRECIATION SCHEDULE FOR MANUFACTURING MACHINERY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 12-37-2680, AS AMENDED, RELATING TO THE DETERMINATION OF ASSESSED VALUE OF A VEHICLE, SO AS TO PROVIDE THAT AN APPEAL MUST BE MADE TO THE ADMINISTRATIVE LAW JUDGE DIVISION WITHIN THIRTY DAYS OF THE BOARD'S DECISION AND TO FURTHER PROVIDE THAT APPEALS ARE CONFINED TO THE RECORD; SECTION 12-43-300, AS AMENDED, RELATING TO BOARD OF ASSESSMENT APPEALS, SO AS TO PROVIDE THAT ANY PROPERTY OWNER, HIS AGENT, OR THE ASSESSOR MAY APPEAL FROM THE FINDING OF THE BOARD UPON WRITTEN NOTICE TO THE ADMINISTRATIVE LAW JUDGE DIVISION WITHIN THIRTY DAYS FROM THE DATE OF THE BOARD'S FINDING AND TO FURTHER PROVIDE THAT APPEALS ARE CONFINED TO THE RECORD; SECTION 12-53-220, AS AMENDED, RELATING TO TAX COLLECTION AND POSTING OF BONDS FOR JEOPARDY ASSESSMENTS, SO AS TO CORRECTLY SET FORTH THE NAME OF THE DEPARTMENT OF INSURANCE OF SOUTH CAROLINA; SECTION 13-1-10, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO CHANGE THE DIVISION NAMES FROM DIVISION OF AERONAUTICS TO STATE AVIATION ADMINISTRATION AND FROM ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT; ARTICLE 7, CHAPTER 1 OF TITLE 13, RELATING TO THE DIVISION OF AVIATION, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; ARTICLE 11 OF CHAPTER 1 OF TITLE 13, AS AMENDED, RELATING TO THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO DELETE ADVISORY FROM THE NAME OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE; SECTION 13-17-40, AS AMENDED, RELATING TO THE BOARD OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO CORRECT A REFERENCE TO THE FORMER CHAIRMAN OF THE STATE DEVELOPMENT BOARD; SECTION 15-9-410, AS AMENDED, RELATING TO PROVISIONS CONCERNING NONRESIDENT AIRCRAFT OPERATORS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AERONAUTICS ADMINISTRATION; SECTION 16-3-1120, AS AMENDED, RELATING TO THE DIRECTOR OF THE VICTIM'S COMPENSATION FUND, SO AS TO PROVIDE THAT THE DIRECTOR, AFTER CONSULTATION WITH THE CRIME VICTIM'S ADVISORY BOARD, MUST DEVELOP AND ADMINISTER A PLAN FOR INFORMING THE PUBLIC OF THE AVAILABLE BENEFITS; SECTION 16-3-1130, AS AMENDED, RELATING TO CLAIMS UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1140, AS AMENDED, RELATING TO APPEALS UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1150, AS AMENDED, RELATING TO EMERGENCY AWARDS UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1200, RELATING TO THE VICTIM'S COMPENSATION FUND AND THE CONDUCT OF A VICTIM OR INTERVENOR CONTRIBUTING TO INFLICTION OF INJURY, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1230, RELATING TO CLAIMS FILED IN BEHALF OF A MINOR OR INCOMPETENT UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1260, RELATING TO REIMBURSEMENT FOR PAYMENT FROM THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGE THE NAME OF CERTAIN DEPARTMENTS; SECTION 16-3-1300, AS AMENDED, RELATING TO PAYMENT OF AN AWARD UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1340, AS AMENDED, RELATING TO THE ATTORNEY FOR A CLAIMANT UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO DELETE THE PROVISION REQUIRING ATTORNEYS OF THE WORKERS' COMPENSATION FUND TO REPRESENT THE VICTIM'S COMPENSATION FUND; SECTION 16-3-1410, RELATING TO THE RESPONSIBILITIES OF THE VICTIM COMPENSATION FUND RELATING TO THE VICTIM/WITNESS ASSISTANCE PROGRAM, SO AS TO DELETE THE REQUIREMENT THAT THE FUND PROVIDE TRAINING FOR THE SOLICITORS' OFFICES; SECTION 16-3-1550, AS AMENDED, RELATING TO VICTIM IMPACT STATEMENTS, SO AS TO EXTEND THE PROVISIONS OF THE SECTION TO FAMILY COURT IN CONJUNCTION WITH THE PROSECUTION OF JUVENILE OFFENDERS, TO REQUIRE THE EXECUTIVE DIRECTOR OF THE COMMISSION ON PROSECUTION COORDINATION TO DEVELOP THE FORM RATHER THAN THE ATTORNEY GENERAL, AND TO CORRECT THE NAME OF THE BOARD OF PAROLE AND COMMUNITY CORRECTIONS; SECTION 17-17-100, RELATING TO THE TRANSFER OF WRIT OF HABEAS CORPUS PETITIONS TO THE COURT IN THE COUNTY WHERE THE PRISONER IS LOCATED, SO AS TO CHANGE THE NAME OF THE BOARD OF CORRECTIONS; SECTION 17-22-120, AS AMENDED, RELATING TO INDIVIDUAL INTERVENTION AGREEMENTS ENTERED INTO BY A DEFENDANT AND THE SOLICITOR IN A PRETRIAL INTERVENTION PROGRAM, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 17-25-80, RELATING TO THE AUTHORITY OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS REGARDING HARD LABOR, SO AS TO CHANGE THE NAME OF THE COMMISSIONER; SECTION 17-25-145, RELATING TO IMPLEMENTATION OF COMMUNITY PENALTIES PROGRAM, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS; SECTION 17-25-370, RELATING TO EXECUTION OF DEATH SENTENCE, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 17-25-380, RELATING TO COPIES AND FORM OF NOTICE OF DEATH PENALTY, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 17-25-400, RELATING TO SERVICE OF NOTICE ON PRISONER, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 20-7-640, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO DELETE THE REQUIREMENT THAT THE COUNTY BOARD APPOINT AN ADVISORY COMMITTEE; SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF DEPARTMENT OF SOCIAL SERVICES RECORDS, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT; SECTION 20-7-2020, RELATING TO APPROVAL OF AGREEMENTS UNDER THE INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-2340, RELATING TO ADOPTION FEES ESTABLISHED BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THE AUTHORITY TO ESTABLISH THESE FEES; SECTION 20-7-2379, AS AMENDED, RELATING TO THE DIVISION FOR REVIEW OF FOSTER CARE OF CHILDREN, SO AS TO DELETE THE INAPPLICABLE PROVISION FOR THE DIVISION DIRECTOR'S SALARY; SECTION 20-7-2640, AS AMENDED, RELATING TO THE INTERSTATE COMPACT FOR ADOPTION AND MEDICAL ASSISTANCE, MEDICAL ASSISTANCE IDENTIFICATION, BENEFITS, AND EXCEPTIONS, SO AS TO CLARIFY THAT DEPARTMENT AS USED IN SUBSECTION (C) MEANS THE DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-2880, AS AMENDED, RELATING TO FAMILY DAY CARE LICENSES, SO AS TO CLARIFY AN ADMINISTRATIVE LAW JUDGE MUST HEAR APPEALS; SECTIONS 20-7-2930 AND 20-7-2940, AS AMENDED, RELATING TO CHURCH DAY CARE CENTERS, SO AS TO CLARIFY THAT APPEALS FROM A REGISTRATION SUSPENSION MUST BE HEARD BY AN ADMINISTRATIVE LAW JUDGE; SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL SERVICES PROVIDED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF YOUTH SERVICES; SECTION 20-7-5420, AS AMENDED, RELATING TO THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH, SO AS TO DELETE CERTAIN OBSOLETE MEMBERS FROM THE COUNCIL AND TO CORRECT CERTAIN REFERENCES; SECTION 20-7-5910, AS AMENDED, RELATING TO THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO REVISE THE NAMES OF CERTAIN STATE AGENCIES AND THE TITLES OF CERTAIN ADMINISTRATIVE HEADS OF STATE AGENCIES; SECTION 23-4-20, RELATING TO CRIMINAL JUSTICE COMMITTEES AND PROGRAMS OF THE OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION OF PUBLIC SAFETY PROGRAMS REFERRED TO IN THIS SECTION MEANS THE DEPARTMENT OF PUBLIC SAFETY RATHER THAN OF THE OFFICE OF THE GOVERNOR; SECTION 23-4-110, AS AMENDED, RELATING TO THE GOVERNOR'S COMMITTEE ON CRIMINAL JUSTICE, CRIME AND DELINQUENCY, SO AS TO CONFORM THE MEMBERSHIP OF THE COMMITTEE TO THE REVISIONS OF THE RESTRUCTURING ACT; SECTION 23-4-520, RELATING TO THE DUTIES OF THE GOVERNOR'S OFFICE OF CRIMINAL JUSTICE PROGRAMS, SO AS TO CORRECT A REFERENCE TO THE FORMER DEPARTMENT OF YOUTH SERVICES; SECTION 23-6-10, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE THE DEFINITION OF "DEPUTY DIRECTOR"; SECTION 23-6-40, AS AMENDED, RELATING TO THE DIRECTOR AND DEPUTY DIRECTORS FOR THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE THE PROVISIONS FOR DEPUTY DIRECTORS; SECTION 23-9-10, AS AMENDED, RELATING TO THE STATE FIRE MARSHAL, SO AS TO CORRECT AN INTERNAL CODE SECTION REFERENCE; SECTION 23-11-110, AS AMENDED, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO CORRECT A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE TRAINING COUNCIL; TO AMEND CHAPTER 25 OF TITLE 23, AS AMENDED, RELATING TO THE LAW ENFORCEMENT OFFICERS HALL OF FAME, SO AS TO CLARIFY THAT THE COMMITTEE IS ADVISORY, TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY TO SERVE AS CHAIRMAN OF THE COMMITTEE, AND TO MAKE CONFORMING CHANGES THROUGHOUT; TO AMEND SECTION 24-1-10, RELATING TO CONSTRUCTION OF REFERENCES, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 24-13-730, RELATING TO PROGRAM CHANGES SUBJECT TO APPROPRIATIONS BY THE GENERAL ASSEMBLY, SO AS TO REVISE CODE SECTIONS; SECTION 24-21-300, RELATING TO CITATION AND AFFIDAVIT OF PERSON RELEASED, SO AS TO ADD THE REFERENCE OF OFFENDER MANAGEMENT SYSTEM ACT AND TO CHANGE THE REFERENCE OF BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-22-30, RELATING TO ELIGIBILITY TO PARTICIPATE IN THE OFFENDER MANAGEMENT SYSTEM, SO AS TO CHANGE THE REFERENCE OF THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-22-150, RELATING TO FUNDING REQUIRED, SO AS TO CHANGE THE REFERENCE OF COMMISSION TO DIRECTOR; SECTION 24-23-30, RELATING TO THE COMMUNITY CORRECTIONS PLAN, SO AS TO CHANGE THE REFERENCE OF BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-26-10, RELATING TO THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO CORRECT REFERENCES TO CERTAIN NONVOTING MEMBERS OF THE COMMISSION; SECTION 25-19-20, RELATING TO THE PRISONER OF WAR COMMISSION, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS' AFFAIRS TO CONFORM TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTION 31-13-30, RELATING TO MEMBERSHIP ON THE SOUTH CAROLINA STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 31-17-330, RELATING TO EXCEPTIONS FOR MOBILE HOME LICENSES, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF REVENUE; SECTION 33-14-210, RELATING TO ADMINISTRATIVE DISSOLUTION OF A CORPORATION BY THE SECRETARY OF STATE, SO AS TO CONFORM A REFERENCE TO THE TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 33-39-250, RELATING TO THE POWERS OF COUNTY BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO CONFORM A REFERENCE TO THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 38-3-110, AS AMENDED, RELATING TO DUTIES OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT REGULATIONS ARE PROMULGATED BY THE COMMISSIONER; SECTION 38-27-520, AS AMENDED, RELATING TO RECOVERY OF PREMIUMS OWED, SO AS TO PROVIDE THAT AN APPEAL IS TO THE CIRCUIT COURT AND NOT THE ADMINISTRATIVE LAW JUDGE DIVISION; SECTION 38-43-106, AS AMENDED, RELATING TO CONTINUING EDUCATION REQUIREMENTS, SO AS TO REESTABLISH THE MEMBERSHIP OF THE CONTINUING EDUCATION ADVISORY COMMITTEE; SECTION 38-73-1380, AS AMENDED, RELATING TO PRIVATE PASSENGER AUTOMOBILE INSURANCE, APPROVAL OF FINAL RATE OR PREMIUM CHARGE, AND APPROVAL OF EXPENSE COMPONENT, SO AS TO DELETE AN INCORRECT REFERENCE TO "THE DIVISION" AND SUBSTITUTE A REFERENCE TO "THE DEPARTMENT", MEANING THE DEPARTMENT OF INSURANCE AND TO CHANGE REFERENCES FROM DIRECTOR TO COMMISSIONER; SECTION 38-77-580, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO ELIMINATE AN UNNECESSARY REQUIREMENT THAT THE COMMISSIONER OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE ACT THROUGH THE DEPARTMENT IN PERFORMING A CERTAIN FUNCTION; SECTION 38-79-270, AS AMENDED, RELATING TO APPEALING ACTIONS OF THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS TO PROVIDE THAT THE APPEAL IS TO THE COMMISSIONER AND NOT THE DEPARTMENT; SECTION 38-81-270, AS AMENDED, RELATING TO THE LEGAL PROFESSIONAL LIABILITY INSURANCE JOINT UNDERWRITING ASSOCIATION AND THE GATHERING OF DATA, SO AS TO DELETE A REFERENCE TO DEPARTMENT (MEANING THE DEPARTMENT OF INSURANCE) AND SUBSTITUTE COMMISSIONER (MEANING CHIEF INSURANCE COMMISSIONER OF THE DEPARTMENT OF INSURANCE); CHAPTER 23 OF TITLE 39, RELATING TO ADULTERATED, MISBRANDED, OR NEW DRUGS AND DEVICES, SO AS TO CONFORM THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTION 40-6-180, AS AMENDED, RELATING TO AUCTIONEERS, SO AS TO REINSERT LANGUAGE TO PROVIDE THAT AN APPRENTICE'S SUPERVISING AUCTIONEER BE NOTIFIED IF CHARGES ARE BROUGHT AGAINST THE APPRENTICE; SECTION 40-15-210, AS AMENDED, RELATING TO THE AUTHORITY OF A PERSON WHOSE LICENSE OR REGISTRATION CERTIFICATE TO PRACTICE DENTISTRY, DENTAL HYGIENE, OR PERFORM DENTAL TECHNOLOGICAL WORK HAS BEEN SUSPENDED OR REVOKED PURSUANT TO THE PROVISIONS OF ARTICLE 5, CHAPTER 23 OF TITLE 1 (ADMINISTRATIVE LAW JUDGE DIVISION), SO AS TO REENACT THE CRIMINAL PENALTY PROVISIONS WHICH WERE INADVERTENTLY OMITTED BY ACT 181 OF 1993 (RESTRUCTURING); SECTION 40-22-150, AS AMENDED, RELATING TO ENGINEERS AND LAND SURVEYORS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION MAY EMPLOY AN EXECUTIVE DIRECTOR FOR THE BOARD; SECTION 40-25-40, AS AMENDED, RELATING TO RECOMMENDATIONS FOR MEMBERSHIP ON THE COMMISSION OF HEARING AID SPECIALISTS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING; SECTION 40-35-10, AS AMENDED, RELATING TO DEFINITIONS CONCERNING THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO CHANGE REFERENCES IN THE DEFINITION OF "QUALIFIED MENTAL RETARDATION PROFESSIONAL" FROM THE SOUTH CAROLINA DEPARTMENT OF MENTAL RETARDATION TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-35-140, AS AMENDED, RELATING TO THE REQUIREMENT THAT HABILITATION CENTERS FOR THE MENTALLY RETARDED MUST BE UNDER THE SUPERVISION OF A LICENSED NURSING HOME ADMINISTRATOR, SO AS TO CHANGE A REFERENCE FROM THE DEPARTMENT OF MENTAL RETARDATION TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-47-140, AS AMENDED, RELATING TO MINIMUM STANDARDS TO BE OBTAINED ON EXAMINATION REQUIRED BY THE BOARD OF MEDICAL EXAMINERS, SO AS TO CHANGE A REFERENCE FROM THE STATE MENTAL RETARDATION DEPARTMENT TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTIONS 41-10-70, 41-10-80, 41-10-90, 41-10-110, AS AMENDED, SECTION 41-13-20, SECTION 41-13-25, AS AMENDED, SECTIONS 41-13-50, 41-13-60, 41-15-90, 41-15-100, 41-15-210, 41-15-220, 41-15-230, 41-15-240, 41-15-250, 41-15-260, 41-15-270, 41-15-280, 41-15-290, 41-15-300, SECTION 41-15-320, AS AMENDED, SECTION 41-15-520, SECTIONS 41-16-20, 41-16-40, AS AMENDED, SECTIONS 41-16-50, 41-16-60, 41-16-70, 41-16-80, 41-16-90, SECTIONS 41-16-100, 41-16-110, AS AMENDED, SECTIONS 41-16-120, 41-16-130, SECTION 41-16-140, AS AMENDED, SECTIONS 41-16-150, 41-16-160, SECTION 41-16-180, AS AMENDED, SECTIONS 41-17-10, 41-17-20, 41-17-40, 41-17-50, 41-17-60, 41-17-70, SECTION 41-18-40, AS AMENDED, SECTION 41-18-50, SECTIONS 41-18-60, 41-18-70, 41-18-80, 41-18-100, 41-18-110, AS AMENDED, SECTIONS 41-18-120, 41-18-130, SECTIONS 41-18-150, 41-21-20, AS AMENDED, SECTIONS 41-21-30, 41-21-40, 41-21-70, 41-21-80, 41-21-90, 41-21-100, 41-25-110, RELATING TO THE COMMISSIONER OF LABOR, THE DEPARTMENT OF LABOR, AND VARIOUS DIVISIONS WITHIN THE DEPARTMENT, SO AS TO CONFORM THOSE REFERENCES TO THE PROVISIONS OF SECTION 977 OF ACT 181 OF 1993 (RESTRUCTURING ACT) AND DELETE OBSOLETE PROVISIONS; SECTION 41-43-40, AS AMENDED, RELATING TO THE DIRECTOR OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE CHAIRMAN OF THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 41-43-190, RELATING TO THE EXPORT PROGRAMS OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 41-44-90, AS AMENDED, RELATING TO THE INCOME AND PREMIUM TAX CREDIT ALLOWED A TAXPAYER WITH A QUALIFIED INVESTMENT IN A BUSINESS RECEIVING FINANCING FROM THE PALMETTO SEED CAPITAL FUND, SO AS TO CONFORM REFERENCES TO "COMMISSION" TO THE RESTRUCTURING ACT; SECTION 42-5-60, RELATING TO INSURANCE DEEMED SUBJECT TO TITLE 42 (WORKERS' COMPENSATION) AND APPROVAL OF FORMS, SO AS TO CONFORM A REFERENCE TO THE CHIEF INSURANCE COMMISSIONER; SECTION 43-1-115, RELATING TO COUNTY DEPARTMENT OF SOCIAL SERVICES BIENNIAL PERFORMANCE AUDITS, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE STATE DEPARTMENT AND TO CORRECT A REFERENCE; SECTION 43-5-150, AS AMENDED, RELATING TO APPEALS TO THE DEPARTMENT OF SOCIAL SERVICES FOR DENIAL OF PUBLIC ASSISTANCE, SO AS TO CLARIFY THAN AN ADMINISTRATIVE LAW JUDGE RATHER THAN A HEARING EXAMINER HEARS AN APPEAL PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; SECTIONS 43-7-410, 43-7-420, 43-7-430, AND SECTION 43-7-440, AS AMENDED, RELATING TO ASSIGNMENT AND SUBROGATION OF CLAIMS FOR REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO DELETE REFERENCES TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION AND SUBSTITUTE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 43-21-10, AS AMENDED, RELATING TO THE ADVISORY COMMISSION ON AGING, SO AS TO REVISE THE MEMBERSHIP AND RESPONSIBILITIES; SECTION 43-21-130, AS AMENDED, RELATING TO THE LONG TERM CARE COUNCIL, SO AS TO REVISE THE NAME, MEMBERSHIP, AND RESPONSIBILITIES OF THE COUNCIL; SECTION 43-21-150, AS AMENDED, RELATING TO THE EDUCATIONAL AND INFORMATIONAL PROGRAM OF THE DIVISION ON AGING, SO AS TO REVISE THE REFERENCE TO THE LONG TERM CARE COUNCIL IN ORDER TO CONFORM TO A PRIOR NAME CHANGE; TO AMEND SECTION 43-35-310, RELATING TO THE ADULT PROTECTION COORDINATING COUNCIL, SO AS TO REVISE THE NAME OF THE MEMBER AGENCIES AND ADMINISTRATIVE TITLES; TO AMEND SECTION 44-1-50, AS AMENDED, RELATING TO THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL HEARING APPEALS FROM THE DECISIONS OF AN ADMINISTRATIVE LAW JUDGE, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS OF THE 1976 CODE CONTAINED IN THIS SECTION; SECTION 44-2-75, AS AMENDED, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT OF 1988 AND INSURANCE POOLS, SO AS TO MAKE A TECHNICAL CORRECTION WITH RESPECT TO A REFERENCE TO THE DEPARTMENT OF INSURANCE; SECTION 44-6-5, AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, SO AS TO DELETE A REFERENCE TO COMMISSION AND SUBSTITUTE FOR IT DEPARTMENT UNDER THE DEFINITION OF MARKET BASKET INDEX; SECTION 44-6-60, AS AMENDED, RELATING TO THE ADVISORY COMMITTEE TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO REVISE THE NAMES OF THE DEPARTMENTS REPRESENTED ON THE COMMITTEE AND THE TITLES OF THE DEPARTMENT ADMINISTRATORS; SECTION 44-6-140, AS AMENDED, RELATING TO MEDICAID HOSPITAL PROSPECTIVE PAYMENT SYSTEM AND COST CONTAINMENT MEASURES, SO AS TO DELETE COMMISSION IN TWO INSTANCES AND SUBSTITUTE DEPARTMENT, WITH REFERENCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-146, AS AMENDED, RELATING TO COUNTY ASSESSMENTS FOR INDIGENT MEDICAL CARE AND PENALTIES FOR FAILURE TO PAY ASSESSMENTS IN A TIMELY MANNER, SO AS TO DELETE A REFERENCE TO COMMISSION AND SUBSTITUTE DEPARTMENT, WITH REFERENCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-170, AS AMENDED, RELATING TO THE HEALTH DATA OVERSIGHT COUNCIL, SO AS TO REVISE THE TITLES OF THE ADMINISTRATIVE HEADS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION; SECTION 44-6-520, AS AMENDED, RELATING TO THE SALE, LEASE, OR MORTGAGE OF A NURSING HOME IN RECEIVERSHIP, SO AS TO CHANGE A REFERENCE TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-540, RELATING TO THE REGULATION-MAKING AUTHORITY UNDER THE "INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOME ACT", SO AS TO DELETE THE REFERENCE TO COMMISSION (MEANING THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION) AND SUBSTITUTE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTIONS 44-6-720 AND 44-6-730, RELATING TO MEDICAID QUALIFYING TRUSTS, SO AS TO REVISE THE NAME OF THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION; SECTION 44-7-90, RELATING TO VIOLATIONS OF THE LAW CONCERNING MEDICAID NURSING HOME PERMITS AND PENALTIES, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF MENTAL RETARDATION; SECTION 44-7-370, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS TO THE RESIDENTIAL CARE COMMITTEE, SO AS TO REVISE THE TITLE OF THE DEPARTMENT ADMINISTRATOR; SECTION 44-23-10, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO MENTALLY ILL AND MENTALLY RETARDED PERSONS, SO AS TO CLARIFY THE DEFINITION OF DIRECTOR; SECTION 44-38-380, AS AMENDED, RELATING TO THE ADVISORY COUNCIL TO THE SOUTH CAROLINA HEAD AND SPINAL CORD SERVICE DELIVERY SYSTEM, SO AS TO REVISE THE NAME OF A MEMBER OF THE COUNCIL AND THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-40-60, RELATING TO SOUTH CAROLINA AGENT ORANGE ADVISORY COUNCIL, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS AFFAIRS; SECTION 44-53-480, RELATING TO SOUTH CAROLINA LAW ENFORCEMENT DIVISION ENFORCEMENT OF CONTROLLED SUBSTANCE LAWS, SO AS CONFORM REFERENCES TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-490, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL DRUG INSPECTORS, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-500, RELATING TO THE ISSUANCE AND EXECUTION OF ADMINISTRATIVE INSPECTION WARRANTS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH RESPECT TO THE REGULATION OF CONTROLLED SUBSTANCES, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-720, RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-55-120, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-56-60, AS AMENDED, RELATING TO HAZARDOUS WASTE MANAGEMENT, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-67-90, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S FUNDS FOR LITTER CONTROL RESEARCH, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT; SECTION 44-96-440, RELATING TO UNLAWFUL ACTS UNDER SOLID WASTE MANAGEMENT, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 46-13-60, AS AMENDED, RELATING TO STANDARDS FOR CERTIFICATION OF PESTICIDE APPLICATORS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 48-9-30, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO DEFINE THE ADVISORY COUNCIL; SECTION 48-9-610, AS AMENDED, RELATING TO THE APPOINTMENT OF TWO COMMISSIONERS TO SERVE WITH THE ELECTED COMMISSIONERS OF SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO AUTHORIZE THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES TO MAKE THE APPOINTMENT; SECTION 48-9-1210, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPOINTED COMMISSIONERS OF SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES UPON THE RECOMMENDATION OF THE ADVISORY COUNCIL INSTEAD OF BY THE BOARD OF THE DEPARTMENT; SECTION 48-9-1230, AS AMENDED, RELATING TO THE TERMS, VACANCIES, AND REMOVAL OF THE DISTRICT COMMISSIONERS, SO AS TO DELETE OBSOLETE LANGUAGE AND REVISE THE PROCEDURE FOR THE FILLING OF VACANCIES AND FOR REMOVAL; SECTION 48-9-1820, AS AMENDED, RELATING TO THE ELIGIBILITY AND COMPENSATION OF MEMBERS OF BOARDS OF ADJUSTMENT, SO AS TO PROVIDE FOR MEMBERS OF THE ADVISORY COUNCIL INSTEAD OF THE BOARD OF THE DEPARTMENT TO BE INELIGIBLE TO SERVE AND TO CLARIFY REFERENCES TO THE BOARDS OF ADJUSTMENT; SECTION 48-9-1840, AS AMENDED, RELATING TO HARDSHIP PETITIONS FILED WITH BOARDS OF ADJUSTMENT, SO AS TO CLARIFY REFERENCES TO THE BOARDS, AND SECTION 48-9-1850, AS AMENDED, RELATING TO HEARINGS AND ACTION BY THE BOARDS, SO AS TO CLARIFY REFERENCES TO THE BOARDS; SECTION 48-39-150, AS AMENDED, RELATING TO THE APPEALS PROCESS FOR THE DENIAL OF COASTAL ZONE PERMITS; SECTION 48-39-210, AS AMENDED, RELATING TO CRITICAL AREA DELINEATIONS, SO AS TO REVISE THE NAME OF THE COASTAL COUNCIL; SECTION 48-39-280, AS AMENDED, RELATING TO BEACH NOURISHMENT PROJECT PERMITS AND SETBACK LINES; SECTION 48-39-290, AS AMENDED, RELATING TO REBUILDING STRUCTURES OTHER THAN EROSION CONTROL STRUCTURES SEAWARD OF THE BASELINE, SO AS TO CLARIFY THE APPEALS PROCESS AS ESTABLISHED BY THE RESTRUCTURING ACT OF 1993; SECTION 48-49-70, RELATING TO THE MOUNTAIN RIDGE PROTECTION ACT OF 1984, SO AS TO TRANSFER THE JURISDICTION AND MANAGEMENT FROM THE DEPARTMENT OF PARKS, RECREATION AND TOURISM TO THE DEPARTMENT OF NATURAL RESOURCES; SECTION 49-1-15, AS AMENDED, RELATING TO PERMITS FOR HYDROELECTRIC PROJECTS INVOLVING IMPOUNDMENT OR DIVERSION OF WATERS OF NAVIGABLE STREAMS, SO AS TO REQUIRE A PERMIT FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ANY CONSTRUCTION, ALTERATION, DREDGING, FILLING, OR OTHER ACTIVITY IN ANY WATERS OF NAVIGABLE STREAMS; SECTION 49-4-15, AS AMENDED, RELATING TO THE SOUTH CAROLINA WATER USE REPORTING AND COORDINATION ACT, SO AS TO MAINTAIN THE PROGRAM UNDER THE DEPARTMENT OF NATURAL RESOURCES RATHER THAN TRANSFERRING IT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AS PROVIDED BY THE RESTRUCTURING ACT OF 1993; SECTION 49-7-70, RELATING TO THE POWERS OF THE BUSHY PARK AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE STATE HIGHWAY DEPARTMENT TO THE RESTRUCTURING ACT; SECTION 50-3-90, AS AMENDED, RELATING TO CONDUCTING GAME AND FISH CULTURAL OPERATIONS, SO AS TO CHANGE A REFERENCE FROM BOARD TO DEPARTMENT; SECTION 50-3-310, AS AMENDED, RELATING TO THE APPOINTMENT OF ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO CLARIFY THAT THE DIRECTOR OF THE DEPARTMENT IS RESPONSIBLE FOR HIRING AND FIRING THE OFFICERS; SECTION 50-3-315, AS AMENDED, RELATING TO DEPUTY ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO REVISE THEIR AUTHORITY; SECTION 50-3-510, AS AMENDED, RELATING TO THE CUTTING OF TIMBER BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 50-5-20, AS AMENDED, RELATING TO THE JURISDICTION OF THE MARINE RESOURCES DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES SO AS TO CLARIFY THAT THE DEPARTMENT HAS CONTINUING JURISDICTION OVER STRIPED BASS; SECTION 50-5-110, AS AMENDED, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCE TO DIVISION TO DEPARTMENT TO CONFORM TO OTHER CHANGES IN THE SECTION; SECTION 50-7-10, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE ATLANTIC STATES MARINE FISHERIES COMMISSION, SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES TO APPOINT A DESIGNEE TO SERVE IN HIS PLACE ON THE COMMISSION; SECTION 50-9-70, RELATING TO THE ESTABLISHMENT OF HUNTER EDUCATION PROGRAMS, SO AS TO REVISE THE NAME OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; SECTION 50-9-470, AS AMENDED, RELATING TO TEMPORARY NONRESIDENT FISHING LICENSES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 50-17-320, AS AMENDED, RELATING TO THE CLOSURE OF SHELLFISH GROUNDS, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES RATHER THAN THE BOARD TO REMOVE CLOSED AREAS FROM A PERMIT ACREAGE AGREEMENT; SECTION 50-17-365, AS AMENDED, RELATING TO THE CLOSED SEASON FOR SHELLFISH, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES RATHER THAN THE BOARD TO OPEN OR CLOSE AREAS; SECTION 50-17-730, AS AMENDED, RELATING TO THE REQUIREMENT FOR PEELER AND SOFT SHELL CRABS, SO AS TO DELETE THE REFERENCE TO MARINE RESOURCES DIVISION TO CONFORM TO OTHER CHANGES IN THE SECTION; SECTION 51-3-60, RELATING TO FREE USE OF STATE PARK FACILITIES BY DISABLED PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING AND THE STATE DEPARTMENT OF PARKS, RECREATION AND TOURISM; SECTION 51-13-860, RELATING TO A SPECIAL LOAN TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT; SECTION 53-3-100, RELATING TO THE COMMITTEE WHICH HONORS THE "SOUTH CAROLINA FAMILY OF THE YEAR", SO AS TO REVISE THE NAMES OF CERTAIN DEPARTMENTS AND COMMISSIONS ON THE COMMITTEE; SECTION 55-1-1, RELATING TO THE DIVISION OF AERONAUTICS, SO AS TO CHANGE THE NAME TO THE STATE AVIATION ADMINISTRATION; SECTION 55-1-5, AS AMENDED, RELATING TO DEFINITION FOR UNIFORM STATE AERONAUTICAL REGULATORY LAW, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-5-50, AS AMENDED, RELATING TO THE DEPUTY DIRECTOR OF AERONAUTICS, SO AS TO REINSERT THE REQUIREMENT THAT HE BE A COMMERCIAL PILOT WITH INSTRUMENT RATING; SECTION 55-5-190, AS AMENDED, RELATING TO COOPERATION BETWEEN PUBLIC DEPARTMENTS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-8-10, AS AMENDED, RELATING TO THE UNIFORM AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-11-10, AS AMENDED, RELATING TO PARTICULAR AIRPORTS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-15-10, AS AMENDED, RELATING TO RELOCATION ASSISTANCE, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 56-1-80, AS AMENDED, RELATING TO THE APPLICATION FOR A DRIVER'S LICENSE OR PERMIT, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF REVENUE AND TAXATION AND TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-135, AS AMENDED, RELATING TO DESIGNATED DRIVERS FOR FIRE EXTINGUISHMENT, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-221, RELATING TO THE MEDICAL ADVISORY BOARD, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT AND TO CLARIFY THAT THE BOARD MUST ADVISE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-225, AS AMENDED, RELATING TO THE REEXAMINATION OF DRIVERS INVOLVED IN FOUR ACCIDENTS WITHIN TWENTY-FOUR MONTHS, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-1320, AS AMENDED, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVERS' LICENSES, SO AS TO CLARIFY REFERENCES IN THE SECTION; SECTION 56-1-1330, AS AMENDED, RELATING TO PROVISIONAL DRIVER'S LICENSE, SO AS TO CHANGE REFERENCES FROM THE SOUTH COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 56-1-2100, AS AMENDED, RELATING TO COMMERCIAL DRIVERS LICENSES, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-3-1010, RELATING TO DEFINITIONS FOR REGISTRATION OF CORPORATE OWNED FLEET MOTOR VEHICLES, SO AS TO CHANGE THE REFERENCE OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF REVENUE; SECTION 56-5-1520, AS AMENDED, RELATING TO MOTOR VEHICLE SPEED LIMITS, SO AS TO REVISE THE REQUIREMENTS FOR DEPOSIT OF FINES; SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE, SO AS TO DELETE A SENTENCE WHICH HAS BEEN DECLARED UNCONSTITUTIONAL; SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF CERTAIN VIOLATIONS, SO AS TO CHANGE REFERENCES FROM THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 56-5-4160, AS AMENDED, RELATING TO THE DISPOSITION OF FINES FOR WEIGHT VIOLATIONS OF VEHICLES AND LOADS, SO AS TO REQUIRE THE FINES BE DEPOSITED INTO THE SIZE AND WEIGHT REVITALIZATION PROGRAM FUND FOR PERMANENT IMPROVEMENTS RATHER THAN INTO THE GENERAL FUND; SECTION 56-5-5810, AS AMENDED, RELATING TO THE DEFINITIONS FOR THE DISPOSITION OF ABANDONED OR DERELICT MOTOR VEHICLES, SO AS TO CHANGE A REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF REVENUE AND TAXATION TO THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-10-240, AS AMENDED, RELATING TO NOTICE OF INSURANCE CANCELLATION, SO AS TO CORRECT REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY, THE DEPARTMENT OF REVENUE, AND THE CHIEF INSURANCE COMMISSIONER; SECTION 57-3-610, AS AMENDED, RELATING TO NAMING A ROAD, BRIDGE, OR HIGHWAY IN HONOR OF A PERSON, SO AS TO DELETE THE REFERENCE TO COUNTY LEGISLATIVE DELEGATION AND SUBSTITUTE COUNTY TRANSPORTATION COMMITTEE AND PROVIDE FOR LIMITATION OF ACTUAL EXPENSES FOR DEDICATIONS ON AN INTERSTATE HIGHWAY; SECTION 57-5-1340, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF TRANSPORTATION REGARDING TURNPIKES, SO AS TO CHANGE REFERENCES OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTION 57-25-150, AS AMENDED, RELATING TO PERMIT FEES FOR DIRECTIONAL SIGNS, SO AS TO CHANGE THE REFERENCE OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTIONS 57-25-470 AND 57-25-680, RELATING TO COMPENSATION FOR REMOVAL OF OUTDOOR ADVERTISING SIGNS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTION 57-27-70, RELATING TO ACQUISITION OF LANDS FOR JUNKYARDS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; ARTICLE 3, CHAPTER 3, TITLE 58, RELATING TO THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION, SO AS TO DEVOLVE ITS DUTIES AND FUNCTIONS UPON THE DEPARTMENT OF PUBLIC SAFETY, STATE POLICE DIVISION; SECTION 59-36-20, RELATING TO DEVELOPMENT OF A COMPREHENSIVE SYSTEM OF SPECIAL EDUCATION, SO AS TO REVISE THE NAME OF THE CONTINUUM OF CARE; SECTION 59-53-20, RELATING TO THE SOUTH CAROLINA TECHNICAL EDUCATION SYSTEM, SO AS TO CONFORM THE NAME OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE; SECTION 59-63-31, RELATING TO RESIDENCY REQUIREMENTS TO ATTEND PUBLIC SCHOOLS, SO AS TO CONFORM THE NAME OF THE DEPARTMENT OF YOUTH SERVICES TO ACT 181 OF 1993; SECTION 59-65-30, AS AMENDED, RELATING TO EXCEPTIONS TO MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN IN PUBLIC OR PRIVATE SCHOOLS, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF YOUTH SERVICES; SECTION 59-67-535, RELATING TO THE USE OF BOATS OPERATED BY THE DEPARTMENT OF EDUCATION TO TRANSPORT DISABLED PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING; SECTION 59-111-20, AS AMENDED, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS AFFAIRS; SECTIONS 61-1-120 AND 61-1-125, RELATING TO REQUIREMENTS FOR APPLICANTS FOR LICENSES AND PERMITS ISSUED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO CHANGE REFERENCES TO ALCOHOLIC BEVERAGE CONTROL COMMISSION AND COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTIONS 61-5-320 AND 61-5-360, AS AMENDED, RELATING TO THE DISBURSEMENT OF FUNDS TO COUNTIES FOR EDUCATIONAL PURPOSES RELATING TO USE OF ALCOHOLIC LIQUORS AND THE REHABILITATION OF ALCOHOLICS, DRUG ABUSERS, AND DRUG ADDICTS, SO AS TO CHANGE REFERENCES FROM THE SOUTH CAROLINA COMMISSION ON ALCOHOLISM AND THE COMMISSIONER OF NARCOTICS AND CONTROLLED SUBSTANCES TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 61-9-35, RELATING TO REQUIREMENTS FOR THE SALE OF BEER AND WINE AND THE RESTRICTIONS ON BEER OR BEER AND WINE PERMITTEE IN PAYING WHOLESALERS AND THE PENALTY FOR VIOLATIONS, SO AS TO CHANGE REFERENCES TO ALCOHOLIC BEVERAGE CONTROL COMMISSION AND COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 61-13-590, RELATING TO THE SALE OF ALCOHOLIC BEVERAGES SEIZED IN ENFORCEMENT ACTIONS, SO AS TO CONFORM A REFERENCE TO THE TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 1613 OF ACT 181 OF 1993, RELATING TO TRANSITION PROVISIONS, SO AS TO PROVIDE THAT AN EMPLOYEE'S PERSONNEL RECORDS ARE TRANSFERRED AND BELONG TO THE AGENCY TO WHICH THE EMPLOYEE IS TRANSFERRED; SECTION 1618 OF ACT 181 OF 1993, RELATING TO THE EFFECTIVE DATES OF THE STATE GOVERNMENT RESTRUCTURING ACT, SO AS TO MAKE TECHNICAL CORRECTIONS IN REGARD TO CERTAIN EFFECTIVE DATES AND EFFECTIVE DATE REFERENCES; TO AMEND THE 1976 CODE BY ADDING SECTION 40-73-17, SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION SHALL PROVIDE LEGAL SERVICES TO ALL ITS DIVISIONS; SECTIONS 48-9-215 AND 48-9-225, SO AS TO ESTABLISH AND PROVIDE FOR THE STATE LAND RESOURCES AND CONSERVATION DISTRICTS ADVISORY COUNCIL; TO AMEND CHAPTER THREE OF TITLE 49 BY ADDING SECTION 49-3-60, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO NEGOTIATE AGREEMENTS RELATING TO THE WITHDRAWAL, TRANSFER, OR DIVERSION OF WATER CONNECTED TO WATERS OF THIS STATE; TO AMEND THE 1976 CODE BY ADDING CHAPTER 27 TO TITLE 50, SO AS TO CHANGE THE PLACEMENT OF THE STATUTORY AUTHORITY FOR THE HERITAGE TRUST PROGRAM FROM TITLE 51 TO TITLE 50; TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1720 SO AS TO PROVIDE FOR A SPECIAL LICENSE PLATE FOR LAW ENFORCEMENT MOTOR VEHICLES OPERATED BY LINE LAW ENFORCEMENT PERSONNEL OF THE DEPARTMENT OF PUBLIC SAFETY; TO DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES TO CONFORM WITH THE PROVISIONS OF THIS ACT; AND TO REPEAL SECTIONS 41-15-310, 43-21-120, 43-21-140, 48-9-230, 49-5-130, 49-21-80, CHAPTER 5 OF TITLE 12, CHAPTER 61 OF TITLE 40, AND CHAPTER 17 OF TITLE 51.
Rep. WOFFORD moved to recommit the Bill to the Judiciary Committee, which was agreed to.
Rep. DAVENPORT withdrew his objection to S. 375 however, other objections remained upon the Bill.
Reps. FLEMING and PHILLIPS withdrew their objections to the following Bill whereupon objections were raised by Reps. McMAHAND, ANDERSON and BREELAND.
H. 3653 -- Reps. Cato, H. Brown, G. Brown, Neilson, Bailey, A. Young, Knotts, Meacham, Davenport, Simrill, Shissias, Cooper, Wright, Jennings, Spearman, Marchbanks and Harrison: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR VEHICLE LIABILITY POLICY".
Rep. COOPER withdrew his objection to the following Bill whereupon an objection was raised by Rep. SIMRILL.
S. 375 -- Senators Jackson and Courtney: A BILL TO AMEND SECTION 53-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY ACCOMMODATION TAX EXEMPTION FROM THE SUNDAY WORK LAWS, SO AS TO PROVIDE THAT A COUNTY MUST COLLECT THE REQUISITE REVENUE IN ONE YEAR AND TO PROVIDE THAT AFTER A COUNTY INITIALLY QUALIFIES, THIS EXEMPTION IS PERMANENT; AND TO PROVIDE A REFERENDUM TO BE HELD STATEWIDE AT THE TIME OF THE 1996 GENERAL ELECTION ON THE QUESTION OF WHETHER SUNDAY WORK SHALL CONTINUE TO BE PROHIBITED, SUBJECT TO AN EMPLOYEE'S RIGHT TO ELECT NOT TO WORK ON SUNDAY, WITH RESULTS TO BE DETERMINED ON A COUNTY-BY-COUNTY BASIS AND THE PROHIBITION EXPIRING JANUARY 1, 1997, IN A COUNTY WITH A MAJORITY "NO" VOTE.
Upon the withdrawal of objections by Reps. SCOTT, LLOYD, GOVAN and WHITE the following Bill was taken up.
H. 4113 -- Reps. Cotty and Hodges: A BILL TO AMEND SECTION 29-3-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND APPLICATION FOR ORDER OF APPRAISAL, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT, EXCEPT IN ANY REAL ESTATE FORECLOSURE PROCEEDING RELATING TO A DWELLING PLACE OR TO A CONSUMER CREDIT TRANSACTION, A DEFENDANT AGAINST WHOM A PERSONAL JUDGMENT MAY BE TAKEN ON A REAL ESTATE SECURED TRANSACTION MAY WAIVE THE APPRAISAL RIGHTS IF THE DEBTORS, MAKERS, BORROWERS, AND/OR GUARANTORS ARE NOTIFIED IN WRITING BEFORE THE TRANSACTION THAT A WAIVER OF APPRAISAL RIGHTS WILL BE REQUIRED AND UPON SIGNING A CERTAIN STATEMENT DURING THE TRANSACTION; AND TO AMEND SECTION 29-3-700, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND THE ORDER FOR APPRAISAL, SO AS TO PROVIDE THAT THE APPRAISAL BE CONDUCTED BY THREE DISINTERESTED STATE CERTIFIED GENERAL REAL ESTATE APPRAISERS, RATHER THAN "THREE DISINTERESTED FREEHOLDERS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED".
Rep. HODGES explained the Bill.
The Bill was read the second time and ordered to third reading.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 4113 be read the third time tomorrow.
Reps. TRIPP, ANDERSON, McMAHAND, J. YOUNG and KNOTTS withdrew their objections to S. 180 however, other objections remained upon the Bill.
Rep. WITHERSPOON withdrew his objection to S. 654 however, other objections remained upon the Bill.
Reps. LIMEHOUSE and HINES withdrew their objections to the following Bill.
S. 180 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-710 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO DEVELOP WRITTEN POLICIES AND PROCEDURES FOR PAROLE HEARINGS TO BE HELD BY VIDEO CAMERA AND TO PROMULGATE CERTAIN REGULATIONS, ALLOW THE VICTIM OF THE CRIME FOR WHICH A PRISONER HAS BEEN SENTENCED TO SUBMIT ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY AT THE PRISONER'S PAROLE HEARING INFORMATION FOR CONSIDERATION BY THE BOARD OF PROBATION, PAROLE AND PARDON, ALLOW THE SAME PROCEDURE FOR THE PROSECUTING SOLICITOR, REQUIRE THE BOARD TO CONSIDER, IN MAKING ITS DETERMINATION REGARDING PAROLE FOR A PRISONER, MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING SUBMITTED BY THE PERSON WHOSE PAROLE IS BEING CONSIDERED AND MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY SUBMITTED BY THE PROSECUTING SOLICITOR OR THE VICTIM OR BOTH, AND PROVIDE FOR RELATED MATTERS AND DETAILS CONCERNING SUCH FILM, VIDEO TAPE, OTHER ELECTRONIC INSTRUMENT, OR RECORDING ALLOWED BY THIS SECTION; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO INSTALL AND USE A CLOSED CIRCUIT TELEVISION SYSTEM IN EACH CORRECTIONAL INSTITUTION OF THE DEPARTMENT THAT HAS PERSONS ELIGIBLE FOR PAROLE, AND REQUIRE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO INSTALL AND USE THE SAME SYSTEM AT THE PRINCIPAL OFFICE OF THE DEPARTMENT, FOR THE PURPOSE OF THE CONDUCT OF PAROLE HEARINGS BY MEANS OF A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM, AND REQUIRE THAT PAROLE HEARINGS BE CONDUCTED BY MEANS OF THIS SYSTEM.
Rep. SIMRILL withdrew his objection to the following Bill.
S. 375 -- Senators Jackson and Courtney: A BILL TO AMEND SECTION 53-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY ACCOMMODATION TAX EXEMPTION FROM THE SUNDAY WORK LAWS, SO AS TO PROVIDE THAT A COUNTY MUST COLLECT THE REQUISITE REVENUE IN ONE YEAR AND TO PROVIDE THAT AFTER A COUNTY INITIALLY QUALIFIES, THIS EXEMPTION IS PERMANENT; AND TO PROVIDE A REFERENDUM TO BE HELD STATEWIDE AT THE TIME OF THE 1996 GENERAL ELECTION ON THE QUESTION OF WHETHER SUNDAY WORK SHALL CONTINUE TO BE PROHIBITED, SUBJECT TO AN EMPLOYEE'S RIGHT TO ELECT NOT TO WORK ON SUNDAY, WITH RESULTS TO BE DETERMINED ON A COUNTY-BY-COUNTY BASIS AND THE PROHIBITION EXPIRING JANUARY 1, 1997, IN A COUNTY WITH A MAJORITY "NO" VOTE.
Rep. SPEARMAN withdrew her objection to S. 654 however, other objections remained upon the Bill.
Rep. KNOTTS withdrew his objection to H. 3843 however, other objections remained upon the Bill.
Rep. BAILEY, with unanimous consent, made a short statement relative to his recent illness.
The Senate amendments to the following Bill were taken up for consideration.
H. 4146 -- Ways and Means Committee: A BILL TO AMEND THE 1976 CODE BY ADDING CHAPTER 28 TO TITLE 12 SO AS TO CONFORM SOUTH CAROLINA'S METHOD OF IMPOSING AN EXCISE TAX ON MOTOR FUEL TO FEDERAL LAW; AND TO REPEAL SECTIONS 39-41-20, 39-41-30, 39-41-40, 39-41-50, 39-41-60, 39-41-100, 39-41-110, 39-41-120, 39-41-130, AND 39-41-140 RELATING TO PETROLEUM AND PETROLEUM PRODUCTS, SECTIONS 12-27-210, 12-27-220, 12-27-230, 12-27-240, 12-27-250, 12-27-260, 12-27-270, 12-27-280, 12-27-300, 12-27-310, 12-27-320, 12-27-330, 12-27-340, 12-27-350, 12-27-360, 12-27-510, 12-27-520, 12-27-530, 12-27-540, 12-27-550, 12-27-560, 12-27-570, 12-27-580, 12-27-590, 12-27-600, 12-27-610, 12-27-710, 12-27-720, 12-27-730, 12-27-740, 12-27-750, 12-27-760, 12-27-770, 12-27-780, 12-27-790, 12-27-800, 12-27-810, 12-27-820, 12-27-830, 12-27-1010, 12-27-1110, 12-27-1120, 12-27-1210, 12-27-1220, 12-27-1230, 12-27-1240, 12-27-1250, 12-27-1260, 12-27-1265, AND 12-27-1510 RELATING TO GASOLINE TAXES, SECTIONS 12-29-10, 12-29-20, 12-29-30, 12-29-40, 12-29-110, 12-29-120, 12-29-130, 12-29-140, 12-29-150, 12-29-310, 12-29-320, 12-29-340, 12-29-350, 12-29-360, 12-29-370, 12-29-380, 12-29-390, 12-29-400, 12-29-410, 12-29-420, 12-29-430, 12-29-440, 12-29-610, 12-29-620, and 12-29-630 RELATING TO THE TAX ON MOTOR FUELS OTHER THAN GASOLINE, AND ARTICLE 1, CHAPTER 27, TITLE 12, RELATING TO GENERAL PROVISIONS FOR GASOLINE TAXES.
Rep. ROBINSON explained the Senate amendment.
Rep. ROBINSON continued speaking.
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 following Bill was taken up.
H. 3759 -- Reps. Fair, Herdklotz, Tripp, Mason, Cain, Waldrop, Kelley, Simrill, Limehouse and Meacham: A BILL TO ENACT THE "SOUTH CAROLINA FAIR DEALING WITH GOVERNMENT CIVIL RIGHTS ACT OF 1995"; TO AMEND SECTION 13-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MIDLANDS AUTHORITY OF SOUTH CAROLINA AND THE AUTHORITY'S GOVERNING BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE AUTHORITY COMPLY WITH THE PROVISIONS OF LAW RELATING TO ASSISTANCE TO MINORITY BUSINESSES; TO AMEND SECTION 13-21-30, RELATING TO THE EDISTO DEVELOPMENT AUTHORITY AND THE RIGHTS AND POWERS OF ITS GOVERNING BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE AUTHORITY COMPLY WITH THE PROVISIONS OF LAW RELATING TO ASSISTANCE TO MINORITY BUSINESSES; TO AMEND SECTION 41-43-90, AS AMENDED, RELATING TO THE SOUTH CAROLINA JOBS ECONOMIC DEVELOPMENT AUTHORITY AND TO THE CORPORATE AND OTHER POWERS OF THE AUTHORITY, SO AS TO DELETE THE REQUIREMENT THAT THE AUTHORITY COMPLY WITH THE PROVISIONS OF LAW RELATING TO ASSISTANCE TO MINORITY BUSINESSES; AND TO REPEAL SECTION 12-27-1320, RELATING TO GOALS OR SET-ASIDES FOR BUSINESSES OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED ETHNIC MINORITIES AND DISADVANTAGED FEMALES, AND ARTICLE 21 OF CHAPTER 35, TITLE 11, RELATING TO THE PROCUREMENT CODE AND ASSISTANCE TO MINORITY BUSINESSES.
The Bill was read the third time and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. SHEHEEN.
Rep. WILKINS moved to adjourn debate upon the following Bill until Friday, June 2, which was adopted.
H. 3380 -- Reps. Lanford, Wilkins, Hallman, Koon, Mason, Sandifer, Simrill, Wright, Cain, Allison, Wells, Walker, A. Young, McCraw, Hines, Cato, Inabinett, Breeland, Herdklotz, S. Whipper, Davenport and Beatty: A BILL TO AMEND SECTION 20-7-2205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST COMMITTING A STATUS OFFENDER TO THE CUSTODY OF A CORRECTIONAL INSTITUTION OR SECURE EVALUATION CENTER OPERATED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT SUCH COMMITMENT MAY BE MADE TO A SECURE EVALUATION CENTER FOR AN INDETERMINATE PERIOD NOT TO EXCEED FORTY-FIVE DAYS.
Rep. WILKINS moved to adjourn debate upon the following Bill until Friday, June 2, which was adopted.
H. 3841 -- Reps. Sheheen, Quinn, Harrison, Delleney, Baxley, Wilkins and Thomas: A BILL TO AMEND SECTIONS 14-8-10, 14-8-20, 14-8-80, AND 14-8-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT OF APPEALS, SO AS TO PROVIDE FOR THREE ADDITIONAL JUDGES FOR THE COURT OF APPEALS, FOR AN ADDITIONAL PANEL OF THE COURT, AND FOR OTHER PROCEDURES NECESSARY TO REFLECT A NINE MEMBER COURT; TO AMEND SECTION 14-5-610, AS AMENDED, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND JUDGES FOR THE CIRCUIT COURTS, SO AS TO ADD THREE ADDITIONAL CIRCUIT COURT JUDGES FROM SPECIFIED CIRCUITS; AND TO AMEND SECTION 20-7-1410, RELATING TO FAMILY COURT JUDGES, SO AS TO ADD THREE ADDITIONAL FAMILY COURT JUDGES FROM SPECIFIED CIRCUITS.
The following Joint Resolution was taken up.
H. 3772 -- Reps. Scott, Williams, Cave, Kennedy, Beatty, Lloyd, Spearman, White, Cobb-Hunter, Jennings, Knotts, Clyburn, Keegan, Hallman, Inabinett, Mason, Whatley, Fulmer, Breeland, Keyserling, Wofford, Kelley, Stoddard, Allison, Seithel and Wilkes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A LOTTERY, SO AS TO ALLOW LOTTERIES TO BE CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Rep. SIMRILL moved to table the Joint Resolution.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Boan Cain Canty Cato Cooper Davenport Delleney Easterday Fair Harris, J. Haskins Herdklotz Hodges Huff Hutson Jaskwhich Kirsh Klauber Koon Limbaugh Littlejohn Marchbanks McCraw McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rice Robinson Sandifer Sharpe Simrill Stille Townsend Tripp Trotter Vaughn Waldrop Walker Wells Witherspoon Young, J.
Those who voted in the negative are:
Askins Bailey Baxley Brown, G. Brown, J. Byrd Cave Chamblee Clyburn Cromer Dantzler Fulmer Gamble Govan Hallman Harris, P. Harrison Hines Howard Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Knotts Lanford Law Limehouse Lloyd Martin Mason Rhoad Richardson Riser Rogers Scott Seithel Sheheen Shissias Smith, R. Spearman Stoddard Stuart Thomas Tucker Whatley Whipper, S. Wilder Wilkes Williams Wofford Worley Wright Young, A.
So, the House refused to table the Joint Resolution.
Rep. SCOTT proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3990CM.95).
Amend the joint resolution, as and if amended, SECTION 1, page 1, by striking after /for/ on line 34
/public education, including public higher education, health care, water and sewer infrastructure, other capital improvements, or for the reduction of bonded indebtedness, or for any combination of these purposes,/ and inserting:
/public higher education scholarships for high school graduates with at least a 3.0 grade point average or its equivalent/.
Amend further, SECTION 2, page 2, by striking after /for/ on line 9 /public education, including public higher education, health care, water and sewer infrastructure, other capital improvements, or for the reduction of bonded indebtedness, or for any combination of these purposes,/ and inserting:
/public higher education scholarships for high school graduates with at least a 3.0 grade point average or its equivalent/.
Amend title to conform.
Rep. SCOTT explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Reps. CROMER, KNOTTS and WRIGHT proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\4001CM.95), which was adopted.
Amend the joint resolution, as and if amended, SECTION 1, page 1, by striking after the /./ on line 31
/The remaining revenues each year must be used for nonrecurring expenses for public education, including public higher education, health care, water and sewer infrastructure, other capital improvements, or for the reduction of bonded indebtedness, or for any combination of these purposes/ and inserting:
/ Seventy-five percent of the remaining revenues each year must be used to provide tax reduction for owner-occupied property while twenty-five percent of the remaining revenues each year must be set aside for senior citizens to use as credit toward the purchase of prescription medication /.
Amend further, SECTION 2, by striking after /used/ on line 9 /for nonrecurring expenses for public education, including public higher education, health care, water and sewer infrastructure, other capital improvements, or for the reduction of bonded indebtedness, or for any combination of these purposes/ and inserting:
/ to provide tax reduction for owner-occupied property and credit toward the purchase of prescription medication by senior citizens /
Amend title to conform.
Rep. CROMER explained the amendment.
Rep. SCOTT moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Breeland Byrd Canty Cave Clyburn Cobb-Hunter Delleney Harvin Herdklotz Inabinett Jaskwhich Kennedy Keyserling Limehouse Lloyd Marchbanks Mason McElveen McTeer Richardson Sandifer Seithel Stille Trotter Whipper, S. White Wilkes Worley Young, J.
Those who voted in the negative are:
Allison Askins Bailey Baxley Boan Brown, G. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Fair Fleming Gamble Govan Harrell Harris, J. Haskins Hodges Howard Huff Hutson Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Littlejohn Martin McCraw McKay Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Rice Riser Robinson Rogers Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Thomas Townsend Tripp Tucker Vaughn Waldrop Walker Wells Whatley Wilder Williams Witherspoon Wofford Wright Young, A.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. COTTY proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\JIC\6005HTC.95), which was tabled.
Amend the joint resolution, as and if amended, by striking Section 7, as contained in SECTION 1, page 1, and inserting:
/Section 7. Except when conducted by the State, no lottery shall ever be is allowed or may be advertised by newspapers, or otherwise, or its tickets be sold in this State. Only the State may conduct lotteries as provided for by the General Assembly. The revenues from the state lottery must be paid into a state lottery fund to be invested by the State Treasurer with interest earned remaining a part of the fund. No more than fifteen percent of the revenues each year may be used for operational expenses of the state lottery, and fifty percent of the revenues must be expended in prizes. The remaining revenues each year must be used as follows:
(a) one-third must be distributed annually immediately following the end of the state's fiscal year to the school districts of the State on a per pupil basis and these funds must be used only for school construction and renovation projects;
(b) one-third must be distributed on a per capita basis for the use of county transportation committees and used for the same purposes that "C" funds are used; and
(c) one-third must be used to provide scholarships for residents of this State attending public and private institutions of higher education, including technical colleges, located in this State with the eligibility for these scholarships to be provided by the General Assembly by law.
The game of bingo, when conducted by charitable, religious, or fraternal organizations exempt from federal income taxation or when conducted at recognized annual state and county fairs, shall is not be deemed considered a lottery prohibited by this section./
Amend further, Section 2, page 2, by striking the question and inserting:
/Must Section 7, Article XVII of the Constitution of this State be amended so as to authorize lotteries to be conducted only by the State as provided for by the General Assembly with the revenues each year used one-third for public school construction and renovation, one-third for road construction and maintenance as determined by county transportation committees, and one-third to provide scholarships for qualifying South Carolina residents attending South Carolina public and private institutions of higher education, including technical colleges, with the General Assembly to establish eligibility requirements by law?/
Amend title to conform.
Rep. COTTY explained the amendment.
Rep. CROMER moved to table the amendment, which was agreed to by a division vote of 58 to 20.
Rep. SCOTT proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\JIC\6034HTC.95), which was tabled.
Amend the joint resolution, as and if amended, page 1, by striking lines 32 through 36 and inserting:
/remaining revenues each year must be used to provide scholarship grants to South Carolina residents attending public and independent institutions of higher learning and technical colleges in this State who meet eligibility requirements that the General Assembly shall provide by law./
Amend further, Section 2, page 2, by striking lines 9 through 13 and inserting:
/used to provide scholarship grants to South Carolina residents attending public and independent institutions of higher learning and technical colleges in this State who meet eligibility requirements that the General Assembly shall provide by law?/
Amend title to conform.
Rep. SCOTT explained the amendment.
Rep. LITTLEJOHN moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harvin Howard Huff Hutson Jennings Keegan Kelley Keyserling Kirsh Klauber Knotts Koon Lanford Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw McKay McMahand Meacham Phillips Rice Richardson Riser Robinson Rogers Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Trotter Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Worley Wright Young, J.
Those who voted in the negative are:
Brown, G. Byrd Cave Clyburn Herdklotz Inabinett Jaskwhich Kennedy Lloyd McTeer Moody-Lawrence Neilson Scott Whipper, S. White Wilkes Williams
So, the amendment was tabled.
Rep. KLAUBER proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\GJK\22017SD.95), which was tabled.
Amend the resolution, as and if amended, by striking the last sentence of the first paragraph of Section 7 of Article XVII of the Constitution as contained in SECTION 1 and inserting:
/The remaining revenues each year must be used for higher education in the manner the General Assembly shall provide by law, and lottery tickets must be available for sale on the campus of each educational institution which receives lottery revenues in any year./
Amend the resolution further, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article XVII of the Constitution of this State be amended so as to allow lotteries to be conducted only by the State as provided for by the General Assembly with the revenues each year used for higher education in the manner the General Assembly shall provide by law with the requirement that lottery tickets must be available for sale on the campus of each educational institution which receives lottery revenues in any year?
Yes _
No _
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KLAUBER explained the amendment.
Rep. KNOTTS moved to table the amendment, which was agreed to.
I introduced this amendment solely for the purpose of demonstrating the fact that if this Joint Resolution were enacted we would be subsidizing education through a gambling operation that I cannot support.
Rep. JAMES S. KLAUBER
Debate was resumed on Amendment No. 1, by Rep. SCOTT.
Rep. SCOTT moved to table the amendment, which was agreed to.
Rep. McMAHAND spoke against the Joint Resolution and moved to table the Joint Resolution.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Boan Brown, H. Cain Canty Cato Cooper Davenport Delleney Easterday Fair Harris, J. Harvin Haskins Herdklotz Hodges Huff Hutson Jaskwhich Kirsh Klauber Koon Limbaugh Littlejohn Marchbanks McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rice Robinson Sandifer Simrill Smith, D. Smith, R. Stille Tripp Trotter Vaughn Walker Wells Whipper, L. Whipper, S. Wilkins Witherspoon Young, J.
Those who voted in the negative are:
Anderson Askins Bailey Baxley Breeland Brown, G. Brown, J. Byrd Cave Chamblee Clyburn Cobb-Hunter Cotty Cromer Dantzler Elliott Fleming Fulmer Gamble Govan Hallman Harrell Harris, P. Harrison Howard Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Knotts Lanford Law Limehouse Lloyd Martin Mason McAbee Rhoad Richardson Riser Rogers Scott Seithel Sheheen Shissias Spearman Stoddard Stuart Thomas Townsend Tucker Waldrop Whatley White Wilder Wilkes Williams Wofford Worley Wright Young, A.
So, the House refused to table the Joint Resolution.
Rep. QUINN moved to continue the Joint Resolution.
Rep. SCOTT moved to table the motion.
Rep. ROBINSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Baxley Breeland Brown, G. Byrd Cave Chamblee Cobb-Hunter Cotty Cromer Dantzler Elliott Fleming Fulmer Gamble Govan Hallman Harrell Harris, P. Harrison Howard Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Knotts Lanford Law Limehouse Lloyd Martin McAbee McTeer Neal Rhoad Richardson Riser Rogers Scott Seithel Sheheen Shissias Spearman Stoddard Stuart Townsend Tucker Whatley White Wilder Wilkes Williams Wofford Worley Wright Young, A.
Those who voted in the negative are:
Allison Anderson Boan Brown, H. Cain Canty Cato Clyburn Cooper Davenport Delleney Easterday Fair Harris, J. Harvin Herdklotz Jaskwhich Kirsh Klauber Koon Limbaugh Littlejohn Marchbanks Mason McCraw McElveen McKay McMahand Meacham Phillips Quinn Rice Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Stille Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whipper, S. Witherspoon Young, J.
So, the motion to continue was tabled.
Rep. ROBINSON moved that the House recede until 12:00 Noon.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Boan Cain Canty Cato Cooper Davenport Delleney Easterday Harris, J. Harvin Haskins Herdklotz Hodges Jaskwhich Kinon Kirsh Klauber Koon Limbaugh Littlejohn Marchbanks Mason McCraw McElveen McKay Meacham Moody-Lawrence Neal Neilson Quinn Rhoad Rice Robinson Sandifer Sharpe Simrill Smith, D. Tripp Trotter Vaughn Waldrop Walker Wells Wilkins Witherspoon Young, J.
Those who voted in the negative are:
Anderson Askins Bailey Baxley Breeland Brown, J. Brown, T. Byrd Carnell Cave Chamblee Clyburn Cobb-Hunter Cotty Cromer Dantzler Fair Fleming Fulmer Gamble Govan Hallman Harrell Harris, P. Harrison Howard Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Knotts Lanford Law Limehouse Lloyd McAbee Phillips Richardson Riser Rogers Scott Seithel Sheheen Shissias Spearman Stille Stoddard Stuart Thomas Townsend Tucker Whatley Whipper, S. White Wilkes Williams Wofford Worley Wright Young, A.
So, the House refused to recede until 12:00 Noon.
During the votes on the Lottery I was speaking to a High School group from my district. Had I been present during those votes I would have voted against the Lottery.
Rep. RICHARD M. QUINN, JR.
Rep. SIMRILL moved to recommit the Joint Resolution to the Committee on Judiciary.
Rep. HASKINS raised the Point of Order that 12:00 Noon having arrived, the House should proceed to the Joint Assembly in accordance with the resolutions adopted.
The SPEAKER sustained the Point of Order.
Further proceedings were interrupted for the Joint Assembly, the pending question being the motion to recommit the Joint Resolution to the Judiciary Committee.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 4160 -- Reps. Wilkins, Harrison, Delleney, Huff, Thomas and D. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON THURSDAY, MAY 25, 1995, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SECOND JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; AND TO ELECT A SUCCESSOR TO A CERTAIN MEMBER OF THE OLD EXCHANGE BUILDING COMMISSION.
The President recognized Senator McConnell, Chairman of the Judicial Screening Committee.
JUDGE, FAMILY COURT, FIRST JUDICIAL CIRCUIT, SEAT #1, WHOSE TERM EXPIRES JUNE 30, 1995;
JUDGE, FAMILY COURT, SECOND JUDICIAL CIRCUIT, SEAT #2, WHOSE TERM EXPIRES JUNE 30, 1995;
JUDGE, FAMILY COURT, THIRD JUDICIAL CIRCUIT, SEAT #2, WHOSE TERM EXPIRES JUNE 30, 1995;
JUDGE, FAMILY COURT, THIRD JUDICIAL CIRCUIT, SEAT #3, WHOSE TERM EXPIRES JUNE 30, 1995;
JUDGE, FAMILY COURT, FOURTH JUDICIAL CIRCUIT, SEAT #1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998;
JUDGE, FAMILY COURT, FOURTH JUDICIAL CIRCUIT, SEAT #2, WHOSE TERM EXPIRES JUNE 30, 1995;
JUDGE, FAMILY COURT, FIFTH JUDICIAL CIRCUIT, SEAT #2, WHOSE TERM EXPIRES JUNE 30, 1995;
JUDGE, FAMILY COURT, FIFTH JUDICIAL CIRCUIT, SEAT #3, WHOSE TERM EXPIRES JUNE 30, 1995;
JUDGE, FAMILY COURT, SIXTH JUDICIAL CIRCUIT, SEAT #1, WHOSE TERM EXPIRES JUNE 30, 1995;
JUDGE, FAMILY COURT, SEVENTH JUDICIAL CIRCUIT, SEAT #2, WHOSE TERM EXPIRES JUNE 30, 1995;
JUDGE, FAMILY COURT, EIGHTH JUDICIAL CIRCUIT, SEAT #1, WHOSE TERM EXPIRES JUNE 30, 1995;
JUDGE, FAMILY COURT, NINTH JUDICIAL CIRCUIT, SEAT #4, WHOSE TERM EXPIRES JUNE 30, 1995;
JUDGE, FAMILY COURT, TENTH JUDICIAL CIRCUIT, SEAT #1, WHOSE TERM EXPIRES JUNE 30, 1995;
JUDGE, FAMILY COURT, TENTH JUDICIAL CIRCUIT, SEAT #3, WHOSE TERM EXPIRES JUNE 30, 1995;
JUDGE, FAMILY COURT, ELEVENTH JUDICIAL CIRCUIT, SEAT #2, WHOSE TERM EXPIRES JUNE 30, 1995;
JUDGE, FAMILY COURT, ELEVENTH JUDICIAL CIRCUIT, SEAT #3, WHOSE TERM EXPIRES JUNE 30, 1995;
JUDGE, FAMILY COURT, TWELFTH JUDICIAL CIRCUIT, SEAT #1, WHOSE TERM EXPIRES JUNE 30, 1995;
JUDGE, FAMILY COURT, TWELFTH JUDICIAL CIRCUIT, SEAT #2, WHOSE TERM EXPIRES JUNE 30, 1995;
JUDGE, FAMILY COURT, THIRTEENTH JUDICIAL CIRCUIT, SEAT #1, WHOSE TERM EXPIRES JUNE 30, 1995;
JUDGE, FAMILY COURT, THIRTEENTH JUDICIAL CIRCUIT, SEAT #2, WHOSE TERM EXPIRES JUNE 30, 1995;
JUDGE, FAMILY COURT, FOURTEENTH JUDICIAL CIRCUIT, SEAT #1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1995;
JUDGE, FAMILY COURT, FOURTEENTH JUDICIAL CIRCUIT, SEAT #3, WHOSE TERM EXPIRES JUNE 30, 1995;
JUDGE, FAMILY COURT, FIFTEENTH JUDICIAL CIRCUIT, SEAT #1, WHOSE TERM EXPIRES JUNE 30, 1995;
JUDGE, FAMILY COURT, SIXTEENTH JUDICIAL CIRCUIT, SEAT #2, WHOSE TERM EXPIRES JUNE 30, 1995.
Senator Martin moved that all nominating speeches be waived and that all seconds be submitted to the desk, which was agreed to.
Rep. SHARPE, with unanimous consent, moved that the members of the House vote by electronic roll call for the contested elections.
Rep. GAMBLE objected to voting by electronic roll call solely in the race for a Judge, Family Court, Eighth Judicial Circuit, Seat 3.
Senator Williams moved that the uncontested elections be elected by acclamation, which was agreed to.
Rep. ROGERS stated that Rep. BEATTY wished to be recorded as abstaining from voting in any of the following elections.
The President announced that nominations were in order for the following Family Court Judges:
Judge, Family Court, First Judicial Circuit, Seat #1, whose term expires June 30, 1995;
Judge, Family Court, Second Judicial Circuit, Seat #2, whose term expires June 30, 1995;
Judge, Family Court, Third Judicial Circuit, Seat #2, whose term expires June 30, 1995;
Judge, Family Court, Third Judicial Circuit, Seat #3, whose term expires June 30, 1995;
Judge, Family Court, Fourth Judicial Circuit, Seat #1, whose unexpired term expires June 30, 1998
Judge, Family Court, Fourth Judicial Circuit, Seat #2, whose term expires June 30, 1995;
Judge, Family Court, Fifth Judicial Circuit, Seat #2, whose term expires June 30, 1995;
Judge, Family Court, Fifth Judicial Circuit, Seat #3, whose term expires June 30, 1995;
Judge, Family Court, Sixth Judicial Circuit, Seat #1, whose term expires June 30, 1995;
Judge, Family Court, Seventh Judicial Circuit, Seat #2, whose term expires June 30, 1995;
Judge, Family Court, Eighth Judicial Circuit, Seat #1, whose term expires June 30, 1995;
Judge, Family Court, Ninth Judicial Circuit, Seat #4, whose term expires June 30, 1995;
Judge, Family Court, Tenth Judicial Circuit, Seat #1, whose term expires June 30, 1995;
Judge, Family Court, Tenth Judicial Circuit, Seat #3, whose term expires June 30, 1995;
Judge, Family Court, Eleventh Judicial Circuit, Seat #2, whose term expires June 30, 1995;
Judge, Family Court, Eleventh Judicial Circuit, Seat #3, whose term expires June 30, 1995;
Judge, Family Court, Twelfth Judicial Circuit, Seat #1, whose term expires June 30, 1995;
Judge, Family Court, Twelfth Judicial Circuit, Seat #2, whose term expires June 30, 1995;
Judge, Family Court, Thirteenth Judicial Circuit, Seat #1, whose term expires June 30, 1995;
Judge, Family Court, Thirteenth Judicial Circuit, Seat #2, whose term expires June 30, 1995;
Judge, Family Court, Fourteenth Judicial Circuit, Seat #1, whose unexpired term expires June 30, 1995;
Judge, Family Court, Fourteenth Judicial Circuit, Seat #3, whose term expires June 30, 1995;
Judge, Family Court, Fifteenth Judicial Circuit, Seat #1, whose term expires June 30, 1995;
Judge, Family Court, Sixteenth Judicial Circuit, Seat #2, whose term expires June 30, 1995.
Senator McConnell, Chairman of the Judicial Screening Committee, indicated that the following individuals had been screened and found qualified to serve:
the Honorable Maxey G. Watson, the Honorable G. Larry Inabinet, the Honorable Marion D. Myers, the Honorable R. Wright Turbeville, the Honorable Roger E. Henderson, the Honorable J.L. Murdock, Jr., the Honorable William R. Byars, Jr., the Honorable Berry L. Mobley, the Honorable Thomas E. Foster, the Honorable Wyatt T. Saunders, Jr., the Honorable Wayne M. Creech, the Honorable J. Frank McClain, the Honorable Tommy B. Edwards, the Honorable C. David Sawyer, Jr., the Honorable Richard W. Chewning, III, the Honorable Mary E. Buchan, the Honorable A.E. "Gene" Morehead, III, the Honorable John W. Kittredge, the Honorable R. Kinard Johnson, Jr., the Honorable Gerald C. Smoak, Jr., the Honorable Donald A. Fanning, the Honorable H.E. Bonniott, Jr. and the Honorable Lee S. Alford.
Rep. DELLENEY seconded the nomination of the Honorable Maxey G. Watson.
Senator Williams moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the President announced that
the Honorable Maxey G. Watson was elected Judge, Family Court, First Judicial Circuit, Seat #1;
the Honorable G. Larry Inabinet was elected Judge, Family Court, Second Judicial Circuit, Seat #2;
the Honorable Marion D. Myers was elected Judge, Family Court, Third Judicial Circuit, Seat #2;
the Honorable R. Wright Turbeville was elected Judge, Family Court, Third Judicial Circuit, Seat #3;
the Honorable Roger E. Henderson was elected Judge, Family Court, Fourth Judicial Circuit, Seat #1;
the Honorable J.L. Murdock, Jr. was elected Judge, Family Court, Fourth Judicial Circuit, Seat #2;
the Honorable William R. Byars, Jr. was elected Judge, Family Court, Fifth Judicial Circuit, Seat #3;
the Honorable Berry L. Mobley was elected Judge, Family Court, Sixth Judicial Circuit, Seat #1;
the Honorable Thomas E. Foster was elected Judge, Family Court, Seventh Judicial Circuit, Seat #2;
the Honorable Wyatt T. Saunders, Jr. was elected Judge, Family Court, Eighth Judicial Circuit, Seat #1;
the Honorable Wayne M. Creech was elected Judge, Family Court, Ninth Judicial Circuit, Seat #4;
the Honorable J. Frank McClain was elected Judge, Family Court, Tenth Judicial Circuit, Seat #1;
the Honorable Tommy B. Edwards was elected Judge, Family Court, Tenth Judicial Circuit, Seat #3;
the Honorable C. David Sawyer, Jr. was elected Judge, Family Court, Eleventh Judicial Circuit, Seat #2;
the Honorable Richard W. Chewning, III was elected Judge, Family Court, Eleventh Judicial Circuit, Seat #3;
the Honorable Mary E. Buchan was elected Judge, Family Court, Twelfth Judicial Circuit, Seat #1;
the Honorable A.E. "Gene" Morehead, III was elected Judge, Family Court, Twelfth Judicial Circuit, Seat #2;
the Honorable John W. Kittredge was elected Judge, Family Court, Thirteenth Judicial Circuit, Seat #1;
the Honorable R. Kinard Johnson, Jr. was elected Judge, Family Court, Thirteenth Judicial Circuit, Seat #2;
the Honorable Gerald C. Smoak, Jr. was elected Judge, Family Court, Fourteenth Judicial Circuit, Seat #1;
the Honorable Donald A. Fanning was elected Judge, Family Court, Fourteenth Judicial Circuit, Seat #3;
the Honorable H.E. Bonnoitt, Jr. was elected Judge, Family Court, Fifteenth Judicial Circuit, Seat #1;
the Honorable Lee S. Alford was elected Judge, Family Court, Sixteenth Judicial Circuit, Seat #2 for the respective terms prescribed by law.
The President announced that nominations were in order for a Judge, Family Court, Fifth Judicial Circuit, Seat #1.
Senator McConnell, Chairman of the Judicial Screening Committee, indicated that Ms. Janet T. Butcher, Mr. Joseph Henry and the Honorable H. Bruce Williams had been screened and found qualified to serve.
Senator McConnell stated that Ms. Janet T. Butcher and Mr. Joseph Henry had withdrawn from the contest.
On motion of Senator Williams, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable H. Bruce Williams was elected Judge, Family Court, Fifth Judicial Circuit, Seat 1 for the term prescribed by law.
The President announced that nominations were in order for a Judge, Family Court, Ninth Judicial Circuit, Seat #2.
Senator McConnell, Chairman of the Judicial Screening Committee, stated that Mr. Paul W. Garfinkel, Ms. Deadra L. Jefferson and Mr. Ben F. Mack had been screened and found qualified to serve.
Senator McConnell stated that Ms. Deadra L. Jefferson and Mr. Ben F. Mack had withdrawn from the contest.
On motion of Senator Williams, nominations were closed, and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. Paul W. Garfinkel was elected Judge, Family Court, Ninth Judicial Circuit, Seat 2 for the term prescribed by law.
The President announced that nominations were in order for a Judge, Family Court, Fifteenth Judicial Circuit, Seat #2.
Senator McConnell, Chairman of the Judicial Screening Committee, stated that Mr. Haskell Thomas Abbott, III and Ms. Lisa A. Kinon had been screened and found qualified to serve.
Senator McConnell stated that Mr. Haskell Thomas Abbott, III had withdrawn from the contest.
On motion of Senator Williams, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Ms. Lisa A. Kinon was elected Judge, Family Court, Fifteenth Judicial Circuit, Seat 2 for the term prescribed by law.
The President announced that nominations were in order for a Judge, Family Court, Seventh Judicial Circuit, Seat #1.
Senator McConnell, Chairman of the Judicial Screening Committee, stated that the Honorable Georgia V. Anderson, Mr. James F. Fraley, Jr., Mr. R. Keith Kelly, Mr. Jack W. Lawrence and the Honorable James B. Paslay had been screened and found qualified to serve.
Rep. WELLS withdrew Mr. James B. Paslay as follows:
"Thank you Mr. President... I have a letter from James B. Paslay to read to the ladies and gentlemen of the House. 'It has been a great pleasure to offer as a candidate for circuit and family court judgeships for the seventh judicial circuit. You have been most gracious in considering me for these positions. It was my belief and the belief of many people in Spartanburg and Cherokee counties that I am uniquely qualified for either of these judgeships. This was because of my more than thirty-five years of legal experience as a trial lawyer and judge. It was because of the encouragement of countless citizens, fellow judges and community leaders that I became a candidate. Fortunately, both the Bar Qualification Committee and the Joint Legislative Judicial Screening Committee found me to be qualified to serve as a judge in both courts. I will be forever grateful for these opinions. I am particularly humbled that the overwhelming majority of members of the legal community respect me for my legal skills, impartiality, temperament and promptness and industry, according to the Bar Report. It appears that I will not be successful in being elected to either judgeship. Several polls taken indicate that I will not receive enough votes. The field of candidates in these races has been outstanding and the seventh circuit will be served well by the winners of these judicial seats. I will continue to support whomever is elected for as long as I remain a part of the legal community. I hereby withdraw my candidacy for Circuit Judge of the Seventh Judicial Circuit and for Family Court Judge of the Seventh Circuit. Thank you again for the many kindnesses extended to me over the past weeks of this campaign. Very sincerely, James Paslay.' Thank you."
Rep. LANFORD made the following remarks about Mr. James F. Fraley, Jr.:
"Mr. Speaker, Mr. President, colleagues, ladies and gentlemen... Mr. Jim Fraley was another candidate in this race. He was here and he asked me to extend to you, and thank you, for the courtesies that you have shown him during his time of being here and meeting all of you. He realized early on that this was a five person race and only one person could win, so he withdrew last week, but he did tell me to tell you that he would see you again. Thank you."
Senator Russell withdrew Mr. R. Keith Kelly as follows:
"Ladies and gentlemen... this morning we were advised by R. Keith Kelly, also a candidate in this race, that he would, well, let me go back real quickly and I am not going to give you a big thing. Mr. Kelly was a tank commander when he was in the military and he was telling me about that and counting those shells when they were on maneuvers down there at Ft. Hood. He said that it was real important with the superiors that he count those shells right when they shot them and I think he was trying to say, by analogy, to say that he is also a good counter in this race. He did want to extend to you for his very warm reception that he received down here, his gratitude. He said it was a very learning experience and hopefully one day, he might be back. But, thank you."
On motion of Senator McConnell, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Judge Anderson:
Bryan Cork Courson Courtney Elliott Gregory Hayes Holland Leatherman Martin McGill Mescher Moore Peeler Rankin Richter Rose Saleeby Smith, G. Waldrep
The following named Senators voted for Mr. Lawrence:
Alexander Drummond Ford Giese Glover Jackson Land Lander Leventis Matthews McConnell O'Dell Passailaigue Patterson Reese Setzler Short Smith, J.V. Stilwell Washington Williams Wilson
On motion of Rep. SHARPE, with unanimous consent, the members of the House voted by electronic roll call:
The following named Representatives voted for Judge Anderson:
Allison Askins Bailey Brown, G. Brown, H. Cain Cato Chamblee Clyburn Cooper Dantzler Davenport Easterday Fair Fleming Harrell Harvin Haskins Herdklotz Huff Hutson Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Martin McKay McMahand Meacham Phillips Quinn Rice Riser Robinson Sandifer Sharpe Simrill Smith, R. Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
The following named Representatives voted for Mr. Lawrence:
Anderson Baxley Boan Breeland Brown, J. Byrd Carnell Cave Cobb-Hunter Cotty Cromer Delleney Elliott Fulmer Gamble Govan Hallman Harris, J. Harris, P. Harrison Hines Hodges Howard Inabinett Kirsh Klauber Lloyd Mason McAbee McCraw McElveen McTeer Moody-Lawrence Neilson Rhoad Richardson Rogers Scott Seithel Sheheen Shissias Spearman Stille Whipper, S. White Williams Young, J.
Total number of Senators voting 42
Total number of Representatives voting 117
Grand Total 159
Necessary to a choice 80
Of which Judge Anderson received 90
Of which Mr. Lawrence received 69
Whereupon, the President announced that the Honorable Georgia V. Anderson was elected Judge, Family Court, Seventh Judicial Circuit, Seat 1 for the term prescribed by law.
The President announced that nominations were in order for a Judge, Family Court, Eight Judicial Circuit, Seat 3.
Senator McConnell:
"In the Eighth Judicial Circuit, Abbeville, Greenwood, Laurens, Newberry counties, Seat No. 3 of the Family Court, the Joint Committee screened one candidate for Seat No. 3, the Honorable William K. Charles, Jr. was screened on May 1, 1995. Four members of the Joint Committee voted to find Judge Charles unqualified and four voted to find him qualified for judicial office. Now, I understand that there are persons who wish to nominate this candidate for reelection and Mr. President, since this now becomes contested and as I understand parliamentary law, a no vote would be to vote against Judge Charles or an affirmative vote. I want to give the report of the screening committee on behalf of the four of us who found him not qualified. The Joint Committee was contacted by a witness who wished to testify in opposition to Judge Charles' re-election. A Joint Committee staff person contacted Judge Charles as per the Joint Committee's rules to inform him of the witness' desire to testify against him and we give at that time the name of the person. Judge Charles then contacted the witness' attorney whom he knew would discourage her from testifying. In his testimony before the Joint Committee, he had at least one or possibly two previous conversations with the attorney and knew that the attorney did not want the person to testify. In his testimony before the Joint Committee, Judge Charles admitted contacting the witness' attorney and did not appear to believe that his conduct was improper. We believe that Judge Charles' conduct was inexcusable. Judge Charles attempted to protect himself by intimidating a witness. Such behavior is repugnant, particularly when the conduct is by a member of the judiciary. Judge Charles admitted on the record that he contacted the witness' attorney and said 'It's my decision when my neck's on the line.' We believe that this matter is of such a serious nature that we cannot in good conscience find Judge Charles qualified for further service on the bench. The judicial screening process depends on witnesses being able to appear before the Joint Committee without fear of reprisal or intimidation or being subject to chilling influences. Interference with witnesses strikes at the heart of this process, and judges should be held to the highest standards in this regard. For those reasons, four of us made the report that we could not find Judge Charles qualified to continue service on the bench, Mr. President."
Rep. CARNELL nominated William K. Charles, Jr. as follows:
"Mr. President, Mr. Speaker, and fellow members of the General Assembly, I am indeed proud to be privileged to have the opportunity to have somewhat of an expanded role in this one of the most important duties of this year's assembly. Today, you and I have the awesome responsibility of electing those individuals who will wear, or continue to wear, the robes of the Judiciary of this State. In South Carolina, the Constitution wisely vests the people's representatives with the responsibility of selecting the members of our Judiciary. The South Carolinians who have served and the method of their selection have guaranteed the fundamental principle of self-government in every branch of our system. The most artful attempt to improve the Judiciary must never stray beyond the reach of the people. For in the last analysis, we must guarantee that our Judicial system remains firmly in the hands of the people it was designed to serve. It may well be that our only guarantee of justice is a judge's character, quality, humanity and the values he brings to his office. In the most recent years, we have been called upon to fill a large number of new judgeships. A very large number of the new judges have been both young in age and young in the number of years that they have practiced law or served in public life. Today in the matter for which I rise, I am thankful that we in my county and circuit have been so fortunate to have older, wise and seasoned members of our judiciary from the magistrate's level right on up to a Justice upon the Supreme Court. Those members of the Judiciary in my county and circuit have been tested, tried and found to be true blue. Except for the usual disgruntled client who feels that they were not the winner in some contest before the court, we have been totally absent of any inkling of any action by members of any of our Judiciary that would not meet the test of the finest attributes of the profession of the Judiciary. I am grateful for the opportunity to be able to place in nomination for re-election the name of a gentleman who has conducted himself on and off the bench with absolute fairness and total concern for justice without showing favoritism to anyone. Believe me when I tell you that, even though I am no lawyer and have never had the pleasure of practicing before this man, I have received an abundance of praise for his work as a Family Court Judge. This man is a family man, a church-going Christian and has the absolute respect of the bar and all intelligent and unbiased citizens of our county and circuit. This Judge has been in the field of law for almost a half century, has successfully practiced law with his father and with his son. He has served for some twenty (20) odd years as the City Attorney for the City of Greenwood and has graced the bench as a judge for some twelve (12) years and now has reached point of retirement in just a couple of years. My fellow colleagues, the people in our area have in large numbers expressed an overwhelming desire that we re-elect the Judge whose name I shall place in nomination. In so doing, we will continue the public service of as fine a gentleman as any who have ever graced the bench in this State. Mr. President and fellow members of the General Assembly, I now place in nomination for re-election to the office for which he presently fills, that of a Family Court Judgeship of the Eighth Judicial Circuit, the name of The Honorable William Kimbrough Charles, Jr."
Senator Drummond made the following remarks:
"Mr. President, Mr. Speaker, and the finest General Assembly ever assembled... I feel it is my duty to stand here and I don't want to take issue with my good friend from Charleston. I know what a difficult, most difficult, time it is to be on judicial screening. I can understand what they said and I'm not an attorney, but one attorney talking to another, but I will tell you this much, I was proud standing at this very podium many years ago, I don't know how long ago it was to nominate Judge Charles. In my entire service in Greenwood County as a senator, I have never heard the first comment made about his decisions in court. Not one. He has been a gentlemen all the way through and I know, you judges and you lawyers know, how difficult, the most difficult decision of all is Family Court. I can understand a person being upset. I think he made a mistake, I really do, but one lawyer to another, he may not have felt that he was making a mistake, but I don't know whether he felt that he was going to be held to that screening, to what we do in the screening committee. I commend the screening committee, but I am just telling you my duty. I just felt it was my duty. I did not intend to do this, but I didn't realize that this would come to this and I wanted you to know this. I have never heard one complaint about his rulings. Thank you for listening to me."
Senator Drummond seconded the nomination of Mr. William K. Charles, Jr.
Rep. KLAUBER raised the Point of Order that since Judge Charles had not been found unqualified and since he was uncontested in this race, that a no vote would not be a vote against Judge Charles. He further stated that a no vote should have no significance in this race.
Rep. SHEHEEN stated that there was precedence established in an election in 1979 or 1980, when Lt. Governor Stevenson made a ruling that a no vote, even in a race in which there was only one candidate would be allowed and the candidate would still be required to receive a majority of the votes cast, and if there were more no votes cast than yes votes, then the person would not be elected.
LT. GOVERNOR PEELER stated that the question was the election of the individual and he overruled the Point of Order.
Senator McConnell:
"Mr. President, I thought that someone else would read it but they didn't and so I need to give the position, there is another finding in the Judicial Screening Report and I want to make sure that the membership has all of it and this is from the four members who voted to find Judge Charles qualified. And I read, 'Judge Charles has had a long record of service on the bench and has served with distinction. Judge Charles may have acted improperly in contacting the witness' attorney, but he was honest and forthright about having made the contact and this was one isolated incident which should not disqualify him from further service on the bench.' That is the position, it was a split decision, four and four."
Rep. KLAUBER asked unanimous consent to be recognized to make some brief remarks.
Rep. NEILSON objected.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted yea:
Alexander Bryan Courtney Drummond Ford Glover Hayes Holland Land Martin Matthews McGill Moore O'Dell Patterson Saleeby Short Smith, J.V. Washington
The following named Senators voted nay:
Cork Courson Elliott Giese Leatherman Leventis McConnell Mescher Passailaigue Peeler Rankin Reese Richter Rose Russell Setzler Smith, G. Waldrep Wilson
On motion of Rep. SHARPE, with unanimous consent, the members of the House voted by electronic roll call:
The following named Representatives voted yea:
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Canty Carnell Cave Chamblee Clyburn Cobb-Hunter Elliott Felder Govan Harris, J. Harris, P. Harrison Harvin Hines Howard Inabinett Jennings Kelley Kennedy Kinon Klauber Lanford Law Littlejohn Lloyd Martin McAbee McKay Moody-Lawrence Neal Rhoad Riser Scott Stille Stoddard Stuart Thomas Townsend Tucker Waldrop Whipper, L. Whipper, S. White Wilder Wilkins Williams Witherspoon Worley Young, J.
The following named Representatives voted nay:
Cain Cato Cooper Cotty Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Haskins Herdklotz Hodges Hutson Jaskwhich Keegan Kirsh Knotts Koon Limbaugh Limehouse Marchbanks Mason McCraw McElveen McTeer Meacham Neilson Phillips Quinn Rice Richardson Robinson Rogers Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Tripp Trotter Vaughn Wells Whatley Wilkes Wofford Wright Young, A.
Total number of Senators voting 38
Total number of Representatives voting 117
Grand Total 155
Necessary to a choice 78
Those voting to elect 80
Those voting not to elect 75
Whereupon, the President announced that the Honorable William K. Charles, Jr. was elected Judge, Family Court, Eighth Judicial Circuit, Seat 3 for the term prescribed by law.
We, the undersigned members of the General Assembly, having carefully reviewed and considered the information, findings and conclusions reached in the Majority report of the Joint Legislative Committee for Judicial Screening, voted in favor of Judge William K. Charles, Jr.'s re-election to the Family Court Bench. Over the past several weeks, we watched with great interest the screenings that were conducted by the Joint Committee for Judicial Screening and it is our collective determination that the Majority Committee screening report was derived from a process that deteriorated into a contentious, mean-spirited and ineffective exercise as the Committee's Majority abrogated its duties and responsibilities for effectively and fairly screening judicial candidates by employing arbitrary and capricious standards for the review of certain candidate's credentials and qualifications. We cite as examples the following:
- certain judicial candidates were subjected to marathon screening hearings while other candidates received only cursory review;
- specious allegations against certain candidates were vigorously pursued and hearsay layered upon hearsay was used as an attempt at corroboration;
- public attacks on certain candidates' credibility and integrity were leveled in open session instead of being discussed in executive session, then investigated and substantiated before being published.
For these and many other reasons, we strongly believe that the Majority Committee report does not accurately reflect upon the credentials, character, integrity, or ability of the candidate seeking to serve the State of South Carolina on the bench. In this regard, we are confident that candidates who were unfairly scrutinized by the Committee have the requisite ability, intellect, character, ethics, and integrity to serve and continue to serve our state's judiciary with distinction. Therefore, our vote in favor of Judge Charles is a vote against the Majority Committee report and the process from which it was derived.
s/Gilda Cobb-Hunter s/Ralph Anderson
s/Jackson S. Whipper s/Alma W. Byrd
s/Lucille S. Whipper s/Leon Howard
s/John L. Scott, Jr. s/Floyd Breeland
s/Wilbur L. Cave s/Walter P. Lloyd
s/Curtis B. Inabinett s/Joseph H. Neal
s/Bessie Moody-Lawrence s/William Clyburn
s/Jesse E. Hines s/Juanita M. White
s/Dewitt Williams s/Jerry N. Govan, Jr.
s/Maggie W. Glover s/John W. Matthews, Jr.
s/McKinley Washington, Jr. s/Kay Patterson
s/Robert Ford
I abstained from voting in the 8th Judicial Family Court Circuit based on the mixed findings of the screening committee. Since there is no other candidate to vote for in this race, I cannot vote for or against this candidate at this time.
Rep. JAMES L.M. CROMER, JR.
South Carolina legislators made a good decision to implement the Family Court system several years ago. However, this Judicial Branch can only be as strong, capable and effective as the Judges who serve. I encourage each of you as members of the House of Representatives to become knowledgeable about our Family Courts and those who preside. It is an awesome responsibility; one that can effect thousands of lives within their term of office. We must continue to seek the best qualified individuals in our State to serve as Family Court Judges. They should be qualified not only in their knowledge of Family Court law, but they must possess integrity, judicial temperament, discernment and compassion. In my opinion, these qualities combined with intellectual ability are necessary as judges make crucial decisions in regard to juvenile problems, child custody issues and other domestic problems. A courtroom should be managed in a businesslike, unprejudiced manner so that people with problems do not feel threatened and feel reasonably sure they will be treated fairly, thereby restoring some confidence in our Family Courts.
Rep. DENNY W. NEILSON
The President announced that nominations were in order for a Judge, Seventh Judicial Circuit.
Senator McConnell, Chairman of the Judicial Screening Committee, stated that the Honorable Donald W. Beatty, the Honorable James B. Paslay, Mr. John M. Rollins, Jr. and Mr. Victor S. Sarratt had been screened and found qualified to serve.
Senator McConnell stated that Mr. John M. Rollins, Jr. and Mr. Victor S. Sarratt had withdrawn from the contest.
As previously stated by Rep. WELLS, the Honorable James B. Paslay had withdrawn from the race.
On motion of Senator Williams, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Donald W. Beatty was elected Judge, Seventh Judicial Circuit, for the term prescribed by law.
I abstained from voting in the Circuit Court race for the seat in the 7th Judicial Circuit. It has been and remains my policy not to vote for sitting members of the General Assembly for Judgeships.
Rep. JAMES L.M. CROMER, JR.
The Reading Clerk of the House read the following Concurrent Resolution:
S. 817 -- Senators Courtney, Hayes, Elliott and Reese: A CONCURRENT RESOLUTION TO FIX THURSDAY, MAY 25, 1995, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBER OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 3, SO AS TO FILL THE TERM WHICH EXPIRES JUNE 30, 1995.
Senator Courtney, Chairman of the Committee to Review Candidates for the S.C. Consumer Affairs Commission, stated that Ms. Lillian C. Bloom, Mr. James H. Hinton, Mr. Harold R. Lesselbaum and Mr. Edward B. Neeley had been screened and found qualified.
Senator McGill stated that Mr. Harold R. Lesselbaum had withdrawn from the race.
On motion of Senator Courtney, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Ms. Bloom:
Alexander Bryan Cork Courtney Ford Glover Hayes Jackson Land Lander Martin Matthews McConnell Moore Peeler Russell Setzler Short Smith, J.V. Stilwell Waldrep Washington Williams Wilson
The following named Senators voted for Mr. Hinton:
The following named Senators voted for Mr. Neeley.
Elliott Rankin
On motion of Rep. SHARPE, with unanimous consent, the members of the House voted by electronic roll call:
The following named Representatives voted for Ms. Bloom:
Anderson Boan Breeland Brown, G. Brown, H. Byrd Cato Cave Chamblee Cobb-Hunter Cooper Cotty Delleney Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harvin Haskins Herdklotz Hines Howard Inabinett Jaskwhich Kennedy Keyserling Kinon Kirsh Koon Law Limehouse Lloyd Marchbanks McCraw McMahand Meacham Moody-Lawrence Phillips Rhoad Rice Richardson Robinson Sandifer Scott Seithel Sheheen Shissias Simrill Stille Stuart Tripp Trotter Vaughn Waldrop Whipper, L. Whipper, S. White Wilder Wilkins Williams Wofford Young, A.
The following named Representatives voted for Mr. Hinton:
Askins Baxley Clyburn Cromer Davenport Harrison Huff Jennings Lanford Limbaugh Littlejohn Mason Quinn Riser Sharpe Smith, R. Spearman Townsend Wright Young, J.
The following named Representatives voted for Mr. Neeley:
Brown, T. Cain Dantzler Hutson Keegan Kelley Knotts Martin McTeer Rogers Thomas Whatley Witherspoon Worley
Total number of Senators voting 26
Total number of Representatives voting 101
Grand Total 127
Necessary to a choice 64
Of which Ms. Bloom received 91
Of which Mr. Hinton received 20
Of which Mr. Neeley received 16
Whereupon, the President announced that Ms. Lillian C. Bloom was elected to Seat #3 on the S.C. Consumer Affairs Commission for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 1:40 P.M. the House resumed, the SPEAKER in the Chair.
Rep. A. YOUNG moved that when the House adjourns it adjourn to meet in Local Session Friday, May 26 and in Statewide Session on Monday, May 29, at 2:00 P.M., which was agreed to.
Rep. SHARPE moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4191 -- Rep. Kinon: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE ROAD S-17-75, EAST THIRD AVENUE, IN DILLON COUNTY AS THE "W. JESSE FORD HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.
H. 4246 -- Reps. R. Smith, Clyburn, Mason, Sharpe and Huff: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE OUTSTANDING SERVICE OF MELANIE W. HUTTO ON THE OCCASION OF HER RETIREMENT FROM THE AIKEN COUNTY CONSOLIDATED SCHOOL DISTRICT AND WISHING FOR HER MANY HAPPY AND FULFILLING YEARS.
H. 4250 -- Reps. J. Brown, Scott and Howard: A CONCURRENT RESOLUTION COMMENDING JAMES B. HARDY, III, FOR HIS OUTSTANDING SERVICE TO PUBLIC EDUCATION AND WISHING HIM MUCH HAPPINESS FOLLOWING HIS RETIREMENT AS PRINCIPAL OF VIRGINIA PACK ELEMENTARY SCHOOL IN COLUMBIA.
At 1:40 P.M. the House in accordance with the motion of Rep. SIMRILL adjourned in memory of J. Arte Goodman, to meet in Local Session Friday, May 26, and in Statewide Session on Monday, May 29, at 2:00 P.M.
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