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| (1) prior to July 1, 1996, or in the case of a commercial customer prior to October 1, 1996, extended fire protection services to the customer, pursuant to a contractual agreement which did not contain, prior to July 1, 1996, or in the case of a commercial customer prior to October 1, 1996, a clause or provision prohibiting the customer from opposing annexation or requiring the customer's consent to annexation if such property becomes contiguous to the municipality; or
(2) prior to July 1, 1996, or in the case of a commercial customer prior to effective October 1, 1996,extended such services to the customer under any circumstances without, prior to July 1, 1996, or in the case of a commercial customer prior to effective October 1, 1996, any specific agreement with respect to annexation."
C. Article 19, Chapter 31, Title 5 of the 1976 Code is amended by adding:
"Section 5-31-1940. (A) Notwithstanding any other provision of law and effective July 1, 1996, or in the case of a commercial customer effective October 1, 1996, no municipality may, by ordinance or otherwise, impose upon a customer receiving water or sewer services from the municipality whose property is without the corporate limits of the municipality, or upon a subsequent purchaser, assignee, transferee or other successor in interest to the property served, a requirement that the customer refrain from opposing annexation or consent to annexation as a condition of continued receipt of water or sewer services.
(B) Subsection (A) only applies if the municipality has:
(1) prior to July 1, 1996, or in the case of a commercial customer prior to October 1, 1996, extended water or sewer services to the customer, pursuant to a contractual agreement which did not contain, prior to July 1, 1996, or in the case of a commercial customer prior to October 1, 1996, a clause or provision prohibiting the customer from opposing annexation or requiring the customer's consent to annexation if such property becomes contiguous to the municipality; or
(2) prior to July 1, 1996, or in the case of a commercial customer prior to October 1, 1996, extended such services to the customer under any circumstances without, prior to July 1, 1996, or in the case of a
D. This section takes effect upon approval by the Governor./
Amend sections, totals and title to conform.
Senator PATTERSON argued contra to the adoption of the amendment.
Senator PATTERSON raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator WILSON spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator THOMAS proposed the following Amendment No. 214 (DKA\3718CM.96), which was adopted:
Amend the bill, as and if amended, Part II, by adding a new section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT GENERAL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO AMEND SECTION 17-25-322, AS AMENDED, RELATING TO THE PROVISION OF RESTITUTION TO A CRIME VICTIM BY THE PERSON CONVICTED OF THE CRIME, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL MAY BE PRESENT AND HEARD AT THE RESTITUTION HEARING, THAT RESTITUTION MUST BE PAID PURSUANT TO A MONTHLY PAYMENT SCHEDULE SUBJECT TO A COLLECTION PROCEDURE FOR AMOUNTS IN ARREARS, AND THAT CERTAIN AMOUNTS THAT ARE UNCLAIMED MUST BE TRANSFERRED TO THE SOUTH CAROLINA VICTIMS' COMPENSATION FUND; TO AMEND SECTION 17-25-323, RELATING TO THE TRIAL COURT'S CONTINUING JURISDICTION OVER COURT-ORDERED PAYMENTS, PAYMENT DEFAULT BY A PERSON ON PROBATION OR PAROLE, THE ENFORCEMENT OF A CIVIL JUDGMENT UPON A PERSON WHO HAS DEFAULTED ON COURT-ORDERED PAYMENTS AND THE RECORDING OF A DEFAULT JUDGMENT,
A. The 1976 Code is amended by adding:
"Section 16-3-1535. General law enforcement agencies shall provide crime victims, free of charge, a copy of the crime incident report relating to their case and a document which describes the statutory rights the State grants crime victims in criminal cases that lists the local crime victim assistance providers. The statutory rights contained in this document shall include all rights contained in Section 16-3-1530."
B. Section 17-25-322 of the 1976 Code, as added by Act 140 of 1993, is amended to read:
"Section 17-25-322. (A) When a defendant is convicted of a crime which has resulted in pecuniary damages or loss to a victim, the court must hold a hearing to determine the amount of restitution due the victim or victims of the defendant's criminal acts. The restitution hearings must be held as a matter of course unless the defendant in open court agrees to the amount due, and in addition to any other sentence which it may impose, the court shall order the defendant make restitution or otherwise compensate the victim for any pecuniary damages. The defendant, the
(B) In determining the manner, method, or amount of restitution to be ordered, the court may take into consideration the following:
(1) the financial resources of the defendant and the victim and the burden that the manner or method of restitution will impose upon the victim or the defendant;
(2) the ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court;
(3) the anticipated rehabilitative effect on the defendant regarding the manner of restitution or the method of payment;
(4) any burden or hardship upon the victim as a direct or indirect result of the defendant's criminal acts;
(5) the mental, physical, and financial well-being of the victim.
(C) At the restitution hearings, the defendant, the victim, the Attorney General, the solicitor, or other interested party may object to the imposition, amount or distribution of restitution, or the manner or method of them, and the court shall allow all of these objections to be heard and preserved as a matter of record. The court shall enter its order upon the record stating its findings and the underlying facts and circumstances of them. The restitution order shall specify a monthly payment schedule that will result in full payment for both restitution and collection fees by the end of eighty percent of the offender's supervision period. In the absence of a monthly payment schedule, the Department of Probation, Parole, and Pardon Services shall impose a payment schedule of equal monthly payments that will result in full restitution and collections fee being paid by the end of eighty percent of an offender's supervision period. The department, through its agents, must initiate legal process to bring every probationer, whose restitution is six months in arrears, back to court, regardless of wilful failure to pay. The judge shall make an order addressing the probationer's failure to pay.
(D) All restitution funds, excluding the twenty percent collection fee, collected before or after the effective date of this section that remain unclaimed by a crime victim for more than eighteen months from the day of last payment received must be transferred to the South Carolina Victims' Compensation Fund, notwithstanding the Uniform Unclaimed Property Act of 1981."
C. Section 17-25-323 of the 1976 Code, as added by Act 140 of 1993, is amended to read:
(B) When a defendant has been placed on probation by the court or parole by the Board of Probation, Parole, and Pardon Services, and ordered to make restitution, and the defendant is in default in the payment of them or of any installment or of any criminal fines, surcharges, assessments, costs, and fees ordered, the court, before the defendant completes his period of probation or parole, on motion of the victim or the victim's legal representative, the Attorney General, the solicitor, or a probation and parole agent, or upon its own motion, must hold a hearing to require the defendant to show cause why his default should not be treated as a civil judgment and a judgment lien attached. The court must enter (1) judgment in favor of the State for the unpaid balance, if any, of any fines, costs, fees, surcharges, or assessments imposed; and (2) judgment in favor of each person entitled to restitution for the unpaid balance, if any restitution ordered, plus reasonable attorney's fees and cost ordered by the court.
(C) The judgments may be enforced as any a civil judgment.
(D) A judgment issued pursuant to this section has all the force and effect of a final judgment and, as such, may be enforced by the judgment creditor in the same manner as any other civil judgment; with enforcement to take place in court of common pleas.
(E) The clerk of court must enter any a judgment issued pursuant to this section in the civil judgment records of the court. No A judgment issued pursuant to this section is not effective until entry is made in the civil judgment records of the court as required under this subsection.
(F) Upon full satisfaction of any a judgment entered under this section, the judgment creditor must record such the satisfaction on the margin of the copy of the judgment on file in the civil judgment records of the court."
D. Section 17-25-326 of the 1976 Code, as added by Act 140 of 1993, is amended to read:
"Section 17-25-326. Any court order issued pursuant to the provisions of this article may be altered, modified, or rescinded upon the filing of a petition by the defendant, Attorney General, solicitor, or the victim for good and sufficient cause shown by a preponderance of the evidence."
E. The 1976 Code is amended by adding:
"Section 24-21-490. (A) The Department of Probation, Parole, and Pardon Services shall have the responsibility for collecting and distributing
(B) Notwithstanding Section 14-7-725, the Department of Probation, Parole, and Pardon Services shall assess a collection fee of twenty percent of each restitution program and deposit this collection fee into a separate account. The monies in this account must not be used until specifically authorized by law. The department shall maintain individual restitution accounts which reflect each transaction and the amount paid, the collection fee, and the unpaid balance of the account. A summary of these accounts must be reported to the Governor's Office, the President of the Senate, the Speaker of the House, the Chairman of the House Judiciary Committee, and the Chairman of the Senate Corrections and Penology Committee every six months following the enactment of this section."
F. Section 16-3-1110 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding at the end:
"(12)(a) `Restitution' means payment for all injuries, specific losses, and expenses sustained by a crime victim resulting from an offender's criminal conduct. It includes, but is not limited to:
(i) medical and psychological counseling expenses;
(ii) specific damages and economic losses;
(iii) funeral expenses and related costs;
(iv) vehicle impoundment fees;
(v) child care costs; and
(vi) transportation related to a victim's participation in the criminal justice process.
Restitution does not include awards for pain and suffering, wrongful death, emotional distress, or loss of consortium.
Restitution orders do not limit any civil claims a crime victim may file."
G. The 1976 Code is amended by adding:
"Section 17-25-324. (A) Secondary victims and third-party payees, excluding the offender's insurer, may receive restitution as determined by the court. The Department of Probation, Parole, and Pardon Services shall ensure that a primary victim shall receive his portion of a restitution order before any of the offender's payments are credited to a secondary victim or a third party payee, or both.
(B) The Department of Probation, Parole, and Pardon Services shall report to the Governor's Office, the President of the Senate, the Speaker of the House, the Chairman of the House Judiciary Committee, and the Chairman of the Senate Corrections and Penology Committee by the first day of the 1997 Legislative Session detailed recommendations for
(C) The Department of Probation, Parole, and Pardon Services must maintain a minimum of twelve restitution center beds, or may contract at other appropriate residential facilities, for every two thousand five hundred offenders supervised by the department."
H. This section takes effect on January 1, 1997, and applies to all persons sentenced on or after April 1, 1997, except that the provisions contained in Section 17-25-324(C) take effect on January 1, 1997./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator THOMAS explained the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senator J. VERNE SMITH proposed the following Amendment No. 228 (4600R409.JVS), which was not adopted:
Amend the bill, as and if amended, Part II, by adding a new section to read:
TO AMEND CHAPTER 27, TITLE 26, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AID TO SUBDIVISIONS ACT, BY ADDING SECTION 6-27-55 SO AS TO PROVIDE THAT, FROM FUNDS DISTRIBUTED TO THE COUNTY PURSUANT TO SECTION 6-27-40, A COUNTY SHALL PROVIDE FUNDS FOR ALL COUNTY OFFICES OF STATE AGENCIES FOR WHICH THE COUNCIL IS REQUIRED TO PROVIDE FUNDING BY STATE LAW.
A. Chapter 27, Title 6 of the 1976 Code is amended by adding:
"Section 6-27-55. From funds distributed to the county pursuant to Section 6-27-40, a county council shall provide a reasonable amount of funds for all county offices of state agencies for which the council is required to provide funding by state law."
B. This section takes effect upon approval of the Governor./
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
Senator LAND spoke on the amendment.
Senator ELLIOTT raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 6-27-50 of the South Carolina Code of Laws, 1976, as amended.
The PRESIDENT overruled the Point of Order.
Senator BRYAN argued contra to the adoption of the amendment.
At 6:25 P.M., Senator MARTIN assumed the Chair.
Senator BRYAN argued contra to the adoption of the amendment.
Senator BRYAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Drummond Elliott Fair Hayes Holland Lander Leatherman Leventis Martin Peeler Rankin Russell Saleeby Setzler Smith, G. Wilson
Alexander Boan Cork Courtney Ford Glover Jackson Land Matthews McConnell Mescher Moore Passailaigue Patterson Reese Richter Rose* Smith, J.V. Thomas Waldrep Washington
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Senator SETZLER argued contra to the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Cork Courtney Ford Glover Jackson Land Matthews McConnell Mescher Moore Passailaigue Patterson Reese Richter Smith, J.V. Thomas Washington
Bryan Courson Drummond Elliott Fair Hayes Holland Lander Leatherman Leventis Martin O'Dell Peeler Rankin Russell Saleeby Setzler Smith, G. Waldrep Wilson
The amendment was not adopted.
At the time this vote was taken, I had been granted leave for good cause. Had I been in the Chamber, I would have voted against tabling the amendment.
Senator DRUMMOND proposed the following Amendment No. 36A (506.BBH), which was adopted:
/(2) Department of Juvenile Justice
Renovations23,925,645/
Amend sections, totals and title to conform.
Senator DRUMMOND explained the amendment.
Senator THOMAS moved that the amendment be adopted.
The amendment was adopted.
At 7:30 P.M., the PRESIDENT assumed the Chair.
Senator FAIR proposed the following Amendment No. 135 (JIC\5971CM.96), which was tabled:
Amend the bill, as and if amended, Part III, SECTION 1, page 664, line 2, after /Advisory Coordinating Council for Economic Development/ by striking /5,000,000/ and inserting /4,850,000/.
Amend sections, totals and title to conform.
Senator FAIR explained the amendment.
Senator DRUMMOND spoke on the amendment.
Senator PASSAILAIGUE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryan Cork Courtney Drummond Elliott Ford Glover Holland Jackson Land Leatherman Leventis Matthews McConnell Mescher Moore O'Dell Passailaigue Patterson Rose Saleeby Smith, G. Smith, J.V. Washington
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