Printed Page 310, Jan. 31
| Printed Page 330, Jan. 31
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Printed Page 310, Jan. 31
| Printed Page 330, Jan. 31
| Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 24-3-20(A) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"(A) A person convicted of an offense against the this State of South Carolina and committed sentenced to a state correctional facility must be imprisonment for more than three months is in the custody of the South Carolina Department of Corrections, and the director department shall designate the place of confinement where the sentence 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 department 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 department or otherwise. If the facility is not maintained by the department, the consent of the sheriff of the county where the facility is located must first be obtained. However, a prisoner who escapes or attempts to escape while assigned to medium, close, or maximum custody may not serve his sentence for the original conviction or an additional sentence for the escape or attempted escape in a minimum security facility for at least five years after the escape or attempted escape and one year before his projected release date."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 95 -- Senators McConnell, Courson, Rose, Gregory and O'Dell: A BILL TO AMEND SECTION 24-13-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENDED WORK RELEASE PROGRAM, SO AS TO PROVIDE THAT NO PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 MAY PARTICIPATE IN THIS PROGRAM; AND TO REPEAL SECTION 24-13-650 WHICH PROHIBITS A PERSON CONVICTED OF A VIOLENT CRIME FROM BEING RELEASED BACK INTO THE
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators GIESE and COURTNEY proposed the following amendment (JUD0095.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 24-13-610 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"Section 24-13-610. The Department of Corrections (department) may establish an extended work release program. The program may allow the exceptional regular work release resident, male or female, convicted of a first and not more than a second offense, the opportunity of extended work release placement in the community with the privilege of residing with an approved community sponsor and continuing employment in the community;. provided, that no No person convicted of murder, criminal sexual conduct in the first or second degree, a violent crime as defined in Section 16-1-60 which was committed on or after the effective date of this section or a `no parole offense' as defined in Section 24-13-100 which was committed on or after the effective date of this section January 1, 1996, or any other offense which is prohibited by another provision of law may participate in this extended work release program."
SECTION 2. Section 24-13-650 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon the approval of the Governor./
Amend title to conform.
Senator COURTNEY explained the amendment.
Senator CORK proposed the following amendment (95R002.HAC), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION . Section 16-25-90 of the 1976 Code is amended to read:
"Section 16-25-90. (A) Notwithstanding any provisions of Chapter 21 of Title 24, and notwithstanding any other provisions of law, an inmate shall be eligible for parole after serving one-fourth of his prison term when the inmate at the time he pled guilty to, nolo contendere to, or was convicted of an offense against his spouse presented credible evidence of
(B) Notwithstanding any provisions of Chapter 13, Title 24, and notwithstanding any other provisions of law, an inmate shall be eligible for extended work release when the inmate at the time he pled guilty to, nolo contendere to, or was convicted of an offense against his spouse presented credible evidence of a history of criminal domestic violence, as provided in Section 16-25-20, suffered at the hands of the spouse."/
Amend title to conform.
Senator CORK explained the amendment.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 922 -- Senator Wilson: A BILL TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, SO AS TO REQUIRE THE DIVISION TO MAKE RECOMMENDATIONS TO THE GOVERNOR RATHER THAN TO THE GENERAL ASSEMBLY AND TO DELETE OBSOLETE PROVISIONS; AND TO AMEND SECTION 20-7-2391, RELATING TO PETITIONS FOR RELIEF FROM ACTIONS OR RECOMMENDATIONS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO DELETE THE PROVISION RELATING TO PROCEDURES A CHILD CARING FACILITY MUST COMPLY WITH WHEN THE FACILITY IS NOT IN AGREEMENT WITH A LOCAL BOARD'S RECOMMENDATION FOR PERMANENT PLACEMENT AT THE FACILITY.
On motion of Senator MOORE, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator DRUMMOND, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator DRUMMOND, the Bill was carried over.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.
On motion of Senator DRUMMOND, the Bill was carried over.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
S. 144 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND TERMS OF OFFICE OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT THE BOARD'S OFFICE MAY BE LOCATED AT A PLACE OTHER THAN THE COUNTY SEAT WHEN IT IS NOT POSSIBLE OR PRACTICABLE TO DO SO.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator DRUMMOND, the Bill was carried over.
S. 760 -- Senator Moore: A BILL TO AMEND SECTION 40-55-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS CONSTITUTING THE PRACTICE OF PSYCHOLOGY, SO AS TO INCLUDE PRACTICING PSYCHOLOGY.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator RYBERG proposed the following Amendment No. 1 (760R004.WGR), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION . Section 40-75-40 of the 1976 Code is amended to read:
"Section 40-75-40. No member of the board and no special examiner, agent, or employee of the board may be held liable for acts performed in
Whenever the board has reason to believe that any person is violating or intends to violate any provision of the chapter it may order, in addition to all other remedies allowed by law, the person to desist immediately and refrain from the conduct. The board may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from the conduct. An administrative law judge may issue ex parte a temporary injunction not to exceed ten days in duration and, upon notice and full hearing, may issue any other order in the matter it considers proper. No bond may be required of the board by an administrative law judge as a condition to the issuance of any injunction or order contemplated by the provisions of this section."/
Amend the bill further as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION . Section 40-75-70 of the 1976 Code is amended to read:
"Section 40-75-70. (A) It is unlawful for any person who is not licensed in the manner prescribed in this chapter to represent himself as a licensed professional counselor, licensed associate counselor, or licensed marital and family therapist or to use one of these titles and the corresponding letters `LPC' for licensed professional counselor, `LAC' for licensed associate counselor, or `LMFT' for licensed marital and family therapist following his name, as the case may be or to hold himself out to the public as being licensed under this chapter by means of using a title on signs, mailboxes, address plates, stationery, announcements, telephone listings, calling cards, or other instruments of professional identification.
(B) It is unlawful for any person to engage in the practice of counseling, as defined in Section 40-75-80 or to engage in the practice of marital and family therapy as defined in Section 40-75-90 without first obtaining a license issued by the board or unless the person is licensed
(C) It is unlawful for a person to obtain or attempt to obtain a license under this chapter by presenting false or forged evidence of qualifications or other fraudulent representation, or to disclose forged or fraudulent qualifications to a client.
(D) Any person violating this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed one hundred dollars not less than one hundred dollars nor more than one thousand dollars or by imprisonment not to exceed thirty days one year, or both, for each offense."/
Amend the bill further as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION . Chapter 75, Title 40 of the 1976 Code is amended to read:
"Section 40-75-95. Individuals in the following classifications who are performing services of a nature consistent with their training and which services are similar to those described in this chapter are exempt from the provisions of this chapter so long as they do not represent themselves by a title or description in the manner prescribed in Section 40-75-140:
(1) A nonresident person who renders services for no more than thirty days during any year, so long as the person is duly authorized to perform the activities and services under the laws of the state or county of his residence;
(2) Any rabbi, clergyman, or person of similar status who is a member in good standing of, and accountable to, a recognized denomination or religious organization and who is exercising ministerial responsibilities in the religious body, parish, church ministry, or institutional ministry with which he is associated;
(3) Employees of licensed hospitals in the State performing services similar to those described in this chapter so long as the services are performed within the course of and scope of their employment as an employee of the hospital. No regular employee of a licensed hospital in this State may be required under this chapter to be licensed as a condition of employment by such hospital or as a condition for the performance of services similar to those described in this chapter while employed in such hospital.
Nothing in this chapter may be construed to permit a person licensed under this chapter to practice medicine or to represent himself to the public as a psychologist unless he has been duly authorized to do so by other provisions of law. Lecturers from any school, college, agency, or
Amend the bill further as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION . Section 40-75-140 of the 1976 Code is amended to read:
"Section 40-75-140. Any person is regarded as a `licensed professional counselor' or a `licensed associate counselor' or a `licensed marital and family therapist' within the meaning of this chapter who meets the qualifications and requirements prescribed in this chapter and who is registered and licensed by the board. A license holder or licensee may use the title appearing on his license and the corresponding letters `LPC' for licensed professional counselor, `LAC' for licensed associate counselor, or `LMFT' for licensed marital and family therapist following his name, as the case may be. Every license holder shall display his license in a prominent place in his place of practice at each location at which the licensee practices his profession."/
Amend the bill further as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION . Section 40-75-160 of the 1976 Code is amended to read:
"Section 40-75-160. (A) The board may receive complaints by any person against a licensee or against any person who has unlawfully assumed to act as a licensee or against any person who has unlawfully engaged in the practice of counseling or marital and family therapy, as defined in this chapter, and may require the complaints to be submitted in writing specifying the exact charge or charges and to be signed by the complainant.
(B) Upon receipt of a complaint, the secretary, or other person as the president may designate, shall investigate the allegations in the complaint and make a report to the board concerning his investigation. In instances where a board member makes the initial investigation or complaint, he may not sit with the board at the hearing of the complaint. If the board desires to proceed further it may file, in its discretion, a formal accusation charging the licensee with a violation of this chapter. The accusation must be signed by the president or vice president on behalf of the board. When the accusation is filed and the board has set a date and a place for a hearing on the accusation, the secretary, or other person as the president may designate, shall notify the accused in writing not less than thirty days prior to the hearing and a copy of the accusation must be attached to the notice. The notice must be served personally or sent to the accused by
(C) The accused may appear and show cause why his license should not be suspended or revoked or why other disciplinary action should not be taken. The accused has the right to be confronted with and to cross-examine the witnesses against him and has the right to counsel. For the purposes of these hearings, the board may require by subpoena the attendance of witnesses and the production of documents and other evidence and may administer oaths and hear testimony, either oral or documentary, for and against the accused. All investigations, inquiries, and proceedings undertaken under this chapter must be confidential.
(D) Every communication, whether oral or written, made by or on behalf of any complainant to the board or its agents or any member of the board, pursuant to this chapter, whether by way of complaint or testimony, is privileged and no action or proceeding, civil or criminal, may lie against any person by whom or on whose behalf the communication is made, except upon proof that the communication was made with malice.
(E) Nothing contained in this chapter prohibits the accused from regular access to the charges and evidence filed against him as a part of due process under the law.
(F) For the purpose of any investigation, inquiry, or proceeding under this chapter, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any document or record which the board considers relevant to the investigation, inquiry, or proceeding. In the case of contumacy by, or refusal to obey a subpoena issued to any person, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, upon application of the board, may issue an order requiring the person to appear before the board or the person designated by it and to produce documentary evidence and to give other evidence concerning the matter under investigation or inquiry.
(G) Whenever the board has reason to believe that any person is violating or intends to violate any provision of the chapter it may order, in addition to all other remedies allowed by law, the person to desist immediately and refrain from the conduct. The board may apply to an administrative law judge as provided under Article 5 of Chapter 23 of
(H) Any final order of the board finding that a person is guilty of any offense charged in a formal accusation must become public knowledge except for a final order dismissing the accusation or determining that a private reprimand is in order. All final orders which are made public must be mailed to local, state, and national professional associations, and all firms or facilities with which the person is associated, states where the person has a license known to the board, and to any other source that the board wishes to furnish this information./
Amend the bill further as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION . Chapter 75, Title 40 of the 1976 Code is amended by adding:
"Section 40-75-165. (A) The board by regulation shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the board for the purpose of directing complaints to the board. The board may provide for that notification:
(1) on each registration form, application, or written contract for services of an individual or entity licensed under this chapter;
(2) on a sign prominently displayed in each place of business of each individual or entity licensed under this chapter; or
(3) in a bill for service provided by an individual or entity licensed under this chapter.
(B) The board shall list along with its regular telephone number the toll-free telephone number that may be called to present a complaint about a licensee if the toll-free number is established under other law."/
Amend the bill further as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION . Section 40-75-200 of the 1976 Code is amended to read:
"Section 40-75-200. Every licensee shall make available to each client a copy of a statement of professional disclosure. The statement of professional disclosure shall include the licensee's address and telephone number, fee schedule, educational training, and the address and telephone
Printed Page 310, Jan. 31
| Printed Page 330, Jan. 31
| This web page was last updated on Monday, June 29, 2009 at 1:59 P.M.