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Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4043 -- Reps. Simrill and Elliott: A JOINT RESOLUTION TO EXTEND THE EFFECTIVE DATE OF SECTIONS 3 AND 4 OF ACT 463 OF 1994, RELATING TO HOME AND COMMERCIAL INSPECTORS.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4055 -- Rep. Cato: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO DEFINE "MANUFACTURED HOME CONTRACTOR", "MANUFACTURED HOME INSTALLER", AND "MANUFACTURED HOME REPAIRER"; TO AMEND SECTION 40-29-30, RELATING TO THE MANUFACTURED HOUSING BOARD, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO TEN; TO AMEND SECTION 49-29-100, AS AMENDED, RELATING TO LICENSES TO SELL MANUFACTURED HOMES, SO AS TO ALSO REQUIRE A MANUFACTURED HOME CONTRACTOR, INSTALLER, AND REPAIRER TO BE LICENSED AND TO PROVIDE ADDITIONAL LICENSING REQUIREMENTS; TO AMEND SECTION 40-29-110, AS AMENDED, RELATING TO EXAMINATION REQUIREMENTS FOR LICENSURE, SO AS TO ALSO PROVIDE THAT A MANUFACTURED HOME CONTRACTOR, INSTALLER, OR REPAIRER MUST COMPLETE ANY TRAINING REQUIRED BY THE BOARD; TO AMEND SECTION 40-29-120, RELATING TO SURETY BOND REQUIREMENTS, SO AS TO PROVIDE BOND REQUIREMENTS FOR MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS; TO AMEND SECTION 40-29-130, RELATING TO REQUIREMENTS FOR INDEMNIFICATION FROM

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4064 -- Rep. Cato: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO DEFINE "MOBILE HOME" AND TO REVISE THE DEFINITION OF "MANUFACTURED HOME"; TO AMEND SECTION 40-29-40, RELATING TO STATE POLICY FOR SAFETY IN CONSTRUCTION OF MANUFACTURED HOMES, SO AS TO PROVIDE THAT THIS CHAPTER ALSO APPLIES TO MOBILE HOMES; AND TO AMEND SECTION 40-29-100, AS AMENDED, RELATING TO LICENSURE TO SELL MANUFACTURED HOMES, SO AS TO PROVIDE THAT GROUNDS FOR DENYING A LICENSE INCLUDE CRIMINAL CONDUCT AND VIOLATION OF CHAPTER 29, TITLE 40.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4157 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - REAL ESTATE APPRAISERS BOARD, RELATING TO LICENSING, CERTIFICATION, FEES, AND CONTINUING EDUCATION OF REAL ESTATE APPRAISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1766, PURSUANT TO THE

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4158 -- Ways and Means Committee: A BILL TO AMEND SECTIONS 12-4-710 AND 12-4-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DEPARTMENT OF REVENUE AND TAXATION WITH RESPECT TO PROPERTY TAX EXEMPTIONS AND THE METHOD OF APPLYING FOR THE EXEMPTIONS, SO AS TO REVISE OR EXTEND THE TIME FOR FILING EXEMPTION APPLICATIONS AND ADD ADDITIONAL CATEGORIES OF EXEMPTIONS FOR WHICH NO APPLICATION IS REQUIRED; TO PROVIDE THAT LISTING A PROPERTY AS EXEMPT ON A PROPERTY TAX RETURN IS CONSIDERED AN APPLICATION; TO REQUIRE PROPERTY TAXPAYERS FILING PROPERTY TAX RETURNS TO CLAIM THE EXEMPTION ON THE RETURN FOR EACH YEAR THE PROPERTY IS EXEMPT; AND TO PROVIDE WHEN ADDITIONAL APPLICATIONS MUST BE FILED BY TAXPAYERS NOT REQUIRED TO FILE ANNUAL PROPERTY TAX RETURNS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM IT TO THE AMENDMENTS MADE BY THIS ACT AND TO EXTEND THE EXEMPTION FOR TWO PERSONAL MOTOR VEHICLES OF PERSONS REQUIRED TO USE WHEELCHAIRS TO INSTANCES WHEN THE OWNER IS ELIGIBLE FOR THE SPECIAL MOTOR VEHICLE LICENSE PLATE ALLOWED SUCH PERSONS.

Read the first time and referred to the Committee on Finance.

Senator WILLIAMS from the Committee on Judiciary polled out S. 560 favorable:

S. 560 -- Senator Alexander: A BILL TO AMEND SECTION 22-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED BY MUNICIPAL AUTHORITIES OR MAGISTRATES OF ANOTHER COUNTY, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS OF A MUNICIPALITY, WITH THE ASSISTANCE OF LAW ENFORCEMENT OFFICIALS OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED, MAY

Williams          Holland          Saleeby

McConnell         Bryan            Wilson

Moore             Russell          Rose

Courtney          Ford             Gregory

Jackson           Lander           Martin

NOT VOTING

Stilwell          Cork             Glover

Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:

S. 606 -- Senator Short: A BILL TO AMEND TITLE 59, CHAPTER 65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTENDANCE OF PUPILS, BY ADDING ARTICLE 7 SO AS TO ENACT THE SCHOOL HEALTH ACT OF 1995 SO AS TO REQUIRE PRE-SCHOOL HEALTH ASSESSMENTS AS A PREREQUISITE TO ATTENDING KINDERGARTEN OR FIRST GRADE AND TO PROVIDE EXCEPTIONS; AND TO AMEND TITLE 20, CHAPTER 7, RELATING TO THE CHILDREN'S CODE, BY ADDING ARTICLE 28 SO AS TO DIRECT EACH SCHOOL DISTRICT IN CONJUNCTION

Ordered for consideration tomorrow.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3526 -- Reps. Jaskwhich, Herdklotz, Vaughn, Tripp, Cato, Easterday and Haskins: A BILL TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO INCLUDE ROLLING GREEN RETIREMENT COMMUNITY IN GREENVILLE COUNTY.

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 771 -- Senators Holland and Williams: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO PROVIDE THAT ALL CANDIDATES, EXCEPT FOR PETITION CANDIDATES, MUST FILE THEIR STATEMENTS OF INTENTION OF CANDIDACY BETWEEN THE SIXTEENTH OF MARCH AND THE THIRTIETH OF MARCH, TO PROVIDE THAT CANDIDATES SEEKING NOMINATION FOR THE OFFICE OF STATE SENATE OR THE HOUSE OF REPRESENTATIVES MUST FILE THEIR STATEMENTS OF INTENTION OF CANDIDACY WITH THE COUNTY EXECUTIVE

S. 772 -- Senators Holland and Williams: A BILL TO AMEND SECTION 7-15-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECEIPT, TABULATION, AND REPORTING OF ABSENTEE BALLOTS, SO AS TO AUTHORIZE THE POLL MANAGERS TO BEGIN THE PROCESS OF REMOVING THE BALLOTS FROM THE ENVELOPES MARKED "BALLOT HEREIN" AFTER EXAMINING THE RETURN-ADDRESSED ENVELOPES AT 2:00 P.M., AND TO FURTHER PROVIDE THAT THE COUNTING, TABULATION, AND REPORTING OF THESE BALLOTS SHALL NOT BEGIN UNTIL THE POLLS HAVE CLOSED.

The following Bill having been read the second time was ordered placed on the third reading Calendar:

S. 611 -- Senators McConnell and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.

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.

The Concurrent Resolution was adopted, ordered sent to the House.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3362, THE GENERAL APPROPRIATION BILL.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator STILWELL proposed the following Amendment No. 65 (3362R205.HSS), which was ruled out of order:

Amend the bill, as and if amended, Part II, on page 601, after line 31, by adding a new section to read:

A. Chapter 1, Title 1 of the 1976 Code is amended by adding:

"Section 1-1-1035. No state agency, department, or instrumentality shall contract or retain for legal services any lawyer or law firm who has represented an adverse party for injunctive relief or in a civil action

Amend sections, totals and title to conform.

Senator STILWELL explained the amendment.

Senator LAND raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

The amendment was ruled out of order.

Senator DRUMMOND spoke on the Bill.

On motion of Senator COURTNEY, at 10:10 A.M., Senator WILLIAMS was granted a leave of absence until 3:00 P.M.

Senator ROSE proposed the following Amendment No. 107 (3362R209.MTR), which was adopted:

Amend the bill, as and if amended, Part II, on page 601, after line 31, by adding a new section to read:

A. Chapter 3, Title 24 of the 1976 Code is amended by adding:

Section 24-3-2400. This article may be cited as the Private Corrections Facilities, Programs, and Services Act.

Section 24-3-2410. As used in this article:

(a) may provide residential and nonresidential accommodations and services for offenders, juvenile delinquents, and detainees;

(b) provides programs and services to aid offenders, juvenile delinquents, and detainees in obtaining and holding regular employment, in enrolling in and maintaining academic courses, in participating in vocational training programs, in utilizing the resources of the community in meeting their personal and family needs, and in participating in specialized treatment programs that exist within the community; and

(c) provides supervision and surveillance of offenders, juvenile delinquents, and detainees.

(2) `Detainee' means an adult or juvenile who is held in a correctional or detention facility pending trial or adjudication.

(3) `Juvenile delinquent' means a juvenile who has been adjudicated a delinquent or a child in need of supervision by the family court.

(4) `Nongovernmental agency' means a person or organization other than a unit of government or agency and includes private profit organizations.

(5) `Offender' means an adult who has entered a plea of guilty or has been convicted of a felony or misdemeanor.

(6) `Parole board' means the Board of Probation, Parole and Pardon Services.

(7) `Unit of local government' means a county, city, or town.

Section 24-3-2420. (A) A unit of local government may utilize nongovernmental correctional facilities, programs, and services established pursuant to this article necessary to serve its own needs and those of its courts and its agencies and may enter into contracts or agreements with nongovernmental agencies for the placement or supervision of offenders, juvenile delinquents, and detainees in nongovernmental correctional facilities, programs, or services.

(B) Units of local government shall establish specific procedures for screening offenders, juvenile delinquents, or detainees who are placed in nongovernmental correctional facilities, programs, or services pursuant to this article.

(C) The unit of local government shall review, inspect, and evaluate all correctional facilities, programs, and services which are operated or provided by nongovernmental agencies within the county or unit of local government and which provide accommodation or services to offenders,

(D) All correctional facilities, programs, and services operated or provided by nongovernmental agencies shall conform to the guidelines established pursuant to Section 24-3-2440.

(E) The establishment of a nongovernmental correctional facility, program, or service is subject to approval of the governing body of the county and the governing body of the city or town in which the proposed facility or the site of the program is to be located, or by the appropriate state authority, depending upon which governing body or agency the facility or service has been designed. Approval or denial of the establishment of the facility, program, or service must be made only after consultation with the Board of Probation, Parole and Pardon Services and other agencies having responsibility for offenders, juvenile delinquents, and detainees.

(F) In a county where the sheriff is the jailor, the county may not enter into a contract under this section without the sheriff's consent.

Section 24-3-2430. The Commissioner of the Department of Corrections or Department of Juvenile Justice, as appropriate, regularly shall review, monitor, inspect, and evaluate all correctional facilities, programs, and services operating within the State which are operated or provided by nongovernmental agencies except correctional facilities, programs, or services which provide services or accommodations only to offenders, juvenile delinquents, or detainees referred by units of local government.

Section 24-3-2440. (A) A contract for services entered into pursuant to this article must provide guidelines for the operation of the nongovernmental correctional facility or program and minimum standards for the services provided, including:

(1) requirements for strict accountability procedures and practices for the conduct and supervision of offenders, juvenile delinquents, and detainees, including requirements for twenty-four-hour supervision of offenders, juvenile delinquents, and detainees in residential programs;

(2) guidelines for periodic and unscheduled tests to determine the use of drugs by offenders, juvenile delinquents, and detainees; and

(3) standards regarding health, sanitation, and fire safety.

(B) Before entering into a contract with a nongovernmental agency, the Department of Corrections or the Department of Juvenile Justice shall submit the contract and proposed guidelines for the use of a facility, program, or service to the governing body of an affected unit of local government for its review and recommendations.

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