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Section 24-3-2450. (A) Subject to subsection (B), after an adjudication of guilty or delinquency, the sentencing court, as a condition of probation, may order that the delinquent or offender participate in a correctional program during all or a part of his term of probation, provided the court is authorized by law to order probation.

(B) Placement of an offender or juvenile delinquent in a nongovernmental correctional program under this section may be ordered by the court only if:

(1) the correctional program is operated by a nongovernmental agency which has entered into a contract as authorized in Sections 24-3-2440 or 24-3-2480; and

(2) funding for the placement is available.

(C) Before the placement of an offender or juvenile delinquent in a nongovernmental correctional program, the sentencing judge shall notify or cause to be notified the law enforcement agencies of affected units of local government concerning the identity of the offender to be placed.

(D) The probation officers for the judicial circuit are responsible for recommendations to the judge for the utilization of a nongovernmental correctional program which has been approved for use. The recommendations shall take into account the potential risk resulting from the placement of the offender into the nongovernmental correctional program, as well as the aptitude, attitude, social, and occupational skills of the offender.

(E) Where probation supervision is the responsibility of the courts in the State, the courts may contract, in accordance with state procurement law, with nongovernmental agencies to provide probation supervision services.

Section 24-3-2460. The chief probation or parole officer or officials of the state, county, or judicial district shall have general supervisory authority over all offenders, juvenile delinquents, and detainees placed in a correctional facility, program, or service under this article in accordance with their existing statutory responsibilities for offenders, juvenile delinquents, and detainees.

Section 24-3-2470. (A) Subject to subsection (B), the responsible state agency may place an offender, juvenile delinquent, or detainee in a correctional facility, program, or service under this article.

(B) A placement under this section may be made only if:

(2) funding for the placement is available.

(C) Before the placement of an individual in a nongovernmental residential facility, the state agency having responsibility for the offender, juvenile delinquent, or detainee shall notify or cause to be notified the law enforcement agencies of affected units of local government concerning the identity of the transferal to be placed.

Section 24-3-2480. Subject to legislative appropriation, the State, in accordance with state procurement law, may contract under this article with nongovernmental agencies to operate correctional facilities and programs to provide correctional services for offenders, juvenile delinquents, and detainees.

Section 24-3-2490. (A) The Department of Corrections shall:

(1) establish minimum facility standards for correctional facilities operated by a nongovernmental agency receiving funds under this article;

(2) establish minimum standards for programs and services provided by a nongovernmental agency receiving funds under this article;

(3) prescribe accounting and reporting standards for all nongovernmental agencies operating correctional facilities or providing correctional programs or services under this article;

(4) establish a per diem rate to be paid program providers operating correctional facilities under this article which may not exceed the daily cost of providing the same programs or services at a state or juvenile institution; and

(5) promulgate regulations reasonably necessary to carry out the provisions of this article.

(B) The nongovernmental correctional facility, program, and service standards developed by the State shall take into consideration the standards of the American Correctional Association and other appropriate professional accreditation organizations. A nongovernmental correctional facility, program, or service must not be approved unless it complies with the most recent standards established by the American Correctional Association which are appropriate for the specific type of facility, program, or service.

Section 24-3-2500. (A) An offender, juvenile delinquent, or detainee is guilty of escape from official detention and, upon conviction, must be punished as provided by law if, without proper authorization, he:

(2) being a participant in a program established under the provisions of this article, he leaves his place of employment or fails or neglects to return to a nongovernmental correctional facility within the time prescribed or when specifically ordered to do so.

Section 24-3-2510. The State shall submit an annual report to the legislature describing the number of nongovernmental correctional facilities, programs, and services that have been established pursuant to this article; the number of offenders, juvenile delinquents, and detainees assigned to those facilities, programs, or services; the extent to which offenders, juvenile delinquents, and detainees have received and benefitted from services related to their rehabilitation; and the rate of success as compared to offenders, juvenile delinquents, and detainees in government operated correctional facilities, programs, or services."/

Amend sections, totals and title to conform.

Senator ROSE argued in favor of the adoption of the amendment.

Senator THOMAS moved that the amendment be adopted.

The amendment was adopted.

Senator ROSE proposed the following Amendment No. 108A (3362R234.MTR), which was later tabled:

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

"Section 55-5-70. The division shall foster air commerce within the State and the division shall have supervision over the aeronautical activities and facilities within the State. Such The authority shall include includes supervision and control over all aircraft owned, operated, and maintained by the State, its departments and agencies, airports, landing fields, landing strips, air instruction, air parking, air beacons, and all other air navigation facilities. Accordingly, the division may prescribe such reasonable rules and regulations as it may deem necessary and advisable for the public safety and for the promotion of aeronautics governing:

(1) state aircrafts;

(2) the designing, laying out, location, building, equipping, operation and use of all airports, landing fields, or landing strips.;

(3) The division may further prescribe such reasonable rules and regulations as it may deem necessary governing the curriculum, equipment, personnel, and operation, and management of all air instruction, for the purpose of protecting to protect the health and safety of students receiving or to receive such instruction and insuring, so far as may be, ensuring the public safety through the proper training and instruction of student aviators.;

(4) The division may further prescribe such reasonable rules and regulations as it may deem necessary and advisable for the public safety and the safety of those engaged in aeronautics and for the promotion of aeronautics governing the establishment, location, maintenance, and operation of all air markings, air beacons, and other air navigation facilities.; and

(5) The division may further prescribe such reasonable air traffic rules and regulations as it shall deem necessary for public safety and the safety of those engaged in aeronautics and for the promotion of aeronautics;. provided, however, that no rules or regulations

Regulations prescribed by the division under the authority of this section shall be must not be inconsistent with the then current federal legislation governing aeronautics and the regulations duly promulgated thereunder under federal law."

B. The Aeronautics Division shall conduct a study to examine the feasibility and potential cost savings of providing shuttle flights in state-owned aircraft to frequently traveled destinations. The division shall report its findings to the General Assembly through the House Ways and Means and Senate Finance Committees by January 1, 1996.

D. These provisions shall not apply to aircraft purchased, operated, and maintained by non-appropriated funds./

Amend sections, totals and title to conform.

Senator ROSE argued in favor of the adoption of the amendment.

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

Senators ROSE and LEATHERMAN spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement.

Senator J. VERNE SMITH proposed the following Amendment No. 109AA (DKA\3995AC.95), which was later adopted:

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

Section 44-69-30 of the 1976 Code is amended by adding at the end:

"The department may enter into public and private joint partnerships or enter into other appropriate cooperative agreements or arrangements or negotiate and effect these partnerships and agreements to include the sale of the entity and/or the transfer of licenses held by the department or its subdivisions to other qualified providers, if appropriate, when doing so would result in continued high quality patient care, continued provision of services to indigent patients, assurance of the employment of the department's home health employees, and provision of home care services adequate to meet the needs of the State. The department may facilitate the negotiation, contracting, or transfer of these activities through licensure and without requirement of a Certificate of Need as set out in Section

At least thirty days before entering any negotiations regarding a contractual agreement or a public/private partnership concerning the provision of home health services, the department shall place a public notice in a newspaper of general circulation for a period of no less than three consecutive days within the area where the services will be performed.

The department may establish requirements and conditions upon those entities joined in partnership or receiving transfer of the home care services, licensing, and Certificate of Need including, but not limited to, transfer of employees, coverage of indigent patients, and payments or contributions to the department to continue the provision of basic public health services as determined by the department. All agreements must be reviewed and approved by the board of the department. The department may monitor and enforce the contract or partnership provisions and/or conditions of transfer or any other conditions or requirements of agreements entered into pursuant to this section.

All funds paid to or received by the department pursuant to this section must be deposited in an account separate and distinct from the general fund entitled the Public Health Fund (PHF). The funds deposited in this fund must be used solely by the department to support basic public health services determined to be necessary by the department. The appropriation of the funds must be through the General Appropriations Act.

Notwithstanding any of the provisions of this section, the department may continue to provide public health services in the clinic, the home, and the community necessary to ensure the protection and promotion of the public's health."/

Amend sections, totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

Senator LEVENTIS raised a Point of Order that Amendment No. 109AA was out of order inasmuch as it was violative of Article 10, Section 11 of the South Carolina Constitution.

The PRESIDENT took the Point of Order under advisement.

Senator LEVENTIS proposed the following Amendment No. 112 (3362R113.PPL), which was later tabled:

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

A. (1) The State Election Commission is directed to conduct a special statewide advisory referendum to be held the first Tuesday in November of 1995, to ascertain the wishes of the qualified electors of this State as to whether or not the Barnwell Low-level Nuclear Waste Disposal Facility should remain open after January 1st 1996 as a burial site for low-level radioactive waste from the states in the Southeast Interstate Low-level Radioactive Waste Management Compact. The State Election Commission must place the question contained in this Section on the special advisory referendum ballot and the state election laws shall apply to this referendum, mutatis mutandis. The State Election Commission shall expend such funds from authorized appropriations as are necessary for the purposes of holding the referendum. The State Election Commission shall publish the results of the referendum and certify the same to the Secretary of State.

(2) The question to be put before the voters in the special advisory referendum shall read as follows:

"Do you favor keeping the Barnwell low-level radioactive waste disposal facility open to the burial of low-level radioactive waste from the seven southeast states after January 1st 1996?

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'."

B. This Section takes effect upon approval by the Governor./

Amend sections, totals and title to conform.

Senator LEVENTIS argued in favor of the adoption of the amendment.

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

Senators LEVENTIS and BRYAN spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement.

Senator REESE proposed the following Amendment No. 113 (JIC\5945HTC.95), which was adopted:

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

Section 56-3-3710 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-3710. (A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of five thousand pounds or less and a gross weight of eight thousand pounds or less registered in their names which may have imprinted on the plate any emblem, seal, or other symbol the department considers appropriate of a public college or university, or independent institution of higher learning defined in Section 59-113-50, located in within or without this State. A school may submit to the department for its approval the emblem, seal, or other symbol it desires to be used for its respective special license plate. A school also may request a change in the emblem, seal, or other symbol not more than once every five years. The fee for this special license plate is thirty-five dollars each year which is in addition to the regular motor vehicle registration fee as set forth in Article 5, Chapter 3 of this title. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for an annual period which expires twelve months from the month they are issued.

(B) The fees collected pursuant to this section must be distributed to a separate fund for each of the respective colleges, universities, or

(1) one thousand or less total special license plates sold: twenty-six dollars to the department and nine dollars to the school for each special license plate sold for the respective school;

(2) more than one thousand and less than two thousand total special license plates sold: twenty-one dollars to the department and fourteen dollars to the school for each special license plate sold for the respective school;

(3) two thousand or more total special license plates sold: fifteen dollars to the department and twenty dollars to the school for each special license plate sold for the respective school.

(C) The department must receive one hundred or more applications requesting a special license plate for a school before a specialized license plate may be developed for that school."/

Amend sections, totals and title to conform.

Senator REESE argued in favor of the adoption of the amendment.

Senator REESE moved that the amendment be adopted.

The amendment was adopted.

Senator REESE proposed the following Amendment No. 114 (JIC\5943HTC.95), which was adopted:

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

A. Section 56-3-2150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-2150. The department may issue special motor vehicle license plates to mayors, members of municipal and county councils, and to county coroners of this State for private motor vehicles registered in their names. The biennial fee for these special license plates is the same as the fee provided in Section 56-3-2020, and only Only one plate may be issued to a mayor, councilman, or coroner. The plate must be issued or revalidated biennially for the regular registration and licensing period. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly."

B. Section 56-3-2170 of the 1976 Code is amended to read:

"Section 56-3-2170. The license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made to and approved by the department. It is unlawful for any a person to whom such a plate has been issued to knowingly permit it to be displayed on any vehicle except the one authorized by the department. If a holder of such a the plate ceases to be a mayor, member of the municipal or county council, or ceases to be county coroner, he shall immediately return immediately the plate to the department."/

Amend sections, totals and title to conform.

Senator REESE explained the amendment.

Senator REESE moved that the amendment be adopted.

The amendment was adopted.

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