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:
O God our Father, grant Your mighty aid to the efforts of men and women to establish peace among Nations. Give strength of purpose to those who lead, enlighten those who sit in council, and so transform the hearts of people everywhere by Your gracious wisdom that they may exalt peace above war, service above gain, and righteousness above glory. Guide those who seek a more excellent way for the Nations of the world. Set their purpose on a sure foundation, and so prosper their efforts that peace shall reign everywhere.
We pray in the Name of Him Who is the Prince of peace. 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. BAILEY moved that when the House adjourns, it adjourn in memory of Catherine S. Murray of St. George, which was agreed to.
February 24, 1998
Mr. Speaker and Members of the House representing the Sixth Congressional District:
I am transmitting herewith an appointment for confirmation. This appointment is made with the advice and consent of the legislators representing the Sixth Congressional District, and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Governor
Initial Appointment, Prisoner of War Commission, with term to commence July 1, 1997, and to expire July 1, 2001:
6th Congressional District:
Mr. Charles R. Murray, 200 Carolina Avenue, St. George, S.C. 29477 VICE Harry Everett Thomas, Jr. (Resigned)
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
February 24, 1998
Mr. Speaker and Members of the House representing the Fifth Congressional District:
I am transmitting herewith an appointment for confirmation. This appointment is made with the advice and consent of the legislators representing the Fifth Congressional District, and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Governor
Initial Appointment, Prisoner of War Commission, with term to commence July 1, 1995, and to expire July 1, 1999:
5th Congressional District:
Rev. Ewell C. Black, Jr., 212 Ridge Street, Bishopville, S.C. 29010-1036 VICE Bobby R. Bagley (deceased)
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
Rep. KLAUBER, from the Greenwood Delegation, submitted a favorable report, with amendments, on:
S. 873 -- Senator Drummond: A BILL TO PROVIDE THAT THE GREENWOOD COUNTY ELECTION COMMISSION SHALL BE RESPONSIBLE FOR CONDUCTING AND CERTIFYING THE RESULTS OF ELECTIONS FOR SCHOOL TRUSTEES FOR SCHOOL DISTRICT 51 COMPOSED OF AREAS IN ABBEVILLE, GREENWOOD, AND LAURENS COUNTIES, AND NINETY-SIX SCHOOL DISTRICT 52 IN GREENWOOD COUNTY, EXCEPT THAT IN SCHOOL DISTRICT 51 THESE FUNCTIONS SHALL BE PERFORMED WITH THE ELECTION COMMISSIONS OF THE OTHER COUNTIES IN THIS SCHOOL DISTRICT.
Ordered for consideration tomorrow.
The following was introduced:
H. 4708 -- Rep. Cobb-Hunter: A HOUSE RESOLUTION TO AMEND RULE 10.1 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO PERSONS ADMITTED TO THE FLOOR, SO AS TO PROVIDE THAT THE STAFF OF THE HOUSE DEMOCRATIC CAUCUS MAY BE ADMITTED TO THE FLOOR.
The Resolution was ordered referred to the Committee on Rules.
The following was introduced:
H. 4709 -- Reps. Stoddard, Wilder and Carnell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE HIGHWAY 127 BYPASS IN LAURENS COUNTY AS THE "WILLIAM L. PATTERSON HIGHWAY" IN HONOR OF WILLIAM L. PATTERSON, A FORMER HIGHWAY COMMISSIONER FROM LAURENS COUNTY AND TO ERECT THE APPROPRIATE SIGNS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4710 -- Reps. Stoddard, Wilder and Carnell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF EAST FARLEY AVENUE LOCATED IN THE CITY OF LAURENS AS THE "ISAAC WHITE AVENUE" IN HONOR OF ISAAC WHITE, A LONG-TIME EDUCATOR AND COMMUNITY LEADER, AND TO ERECT APPROPRIATE SIGNS TO THAT EFFECT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4711 -- Reps. Hawkins and Lee: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF ESSIE LOUVENIA CUNNINGHAM OF SPARTANBURG AND EXTENDING SYMPATHY TO HER FAMILY AND FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4712 -- Reps. J. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE MR. E. PERRY PALMER FOR HIS DISTINGUISHED PUBLIC SERVICE TO THE STATE OF SOUTH CAROLINA ON THE OCCASION OF RECEIVING THE "HUMANITARIAN OF THE YEAR" AWARD ON JANUARY 14, 1998.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4713 -- Reps. Byrd, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS SORROW AT THE DEATH OF DR. AUGUSTA BAKER ALEXANDER OF COLUMBIA AND TO EXTEND SYMPATHY TO HER FAMILY AND FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4714 -- Reps. Knotts, Bailey, Bauer, Dantzler, Felder, Fleming, Hamilton, Inabinett, Neilson, Quinn, Riser, Sharpe, Whatley, Battle, Bowers, R. Smith, Koon, J. Hines, Simrill, Mason, Chellis, Lloyd, Easterday, Rice, McCraw, Law, J. Smith, Cotty, Harrison, McMaster, Davenport, Leach, Rodgers and Campsen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1(3), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAXATION AND ASSESSMENT RATIOS FOR PROPERTY, SO AS TO ALLOW THE ASSESSMENT OF A SECONDARY RESIDENCE AT THE RATE OF FOUR PERCENT OF ITS FAIR MARKET VALUE WHEN IT IS A LEGAL RESIDENCE AND SECONDARY DOMICILE OF THE OWNER-OCCUPANT.
Referred to Committee on Ways and Means.
H. 4715 -- Reps. Knotts, Whatley, Sandifer, Mason, Simrill, Law, Cotty, McMaster, Stuart, McCraw, Koon, Davenport and Riser: A BILL TO AMEND SECTION 17-22-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO ARE NOT ELIGIBLE FOR THE PRETRIAL INTERVENTION PROGRAM, SO AS TO INCLUDE A CHILD TRANSFERRED FROM FAMILY COURT TO A TRIAL COURT FOR CRIMINAL PROCEEDINGS WHEN THE CHILD IS CHARGED WITH HIS THIRD FELONY OFFENSE; TO AMEND SECTION 20-7-7605 RELATING TO TRANSFER OF JURISDICTION OF A JUVENILE, SO AS TO REQUIRE TRANSFER FROM FAMILY COURT TO A TRIAL COURT FOR CRIMINAL PROCEEDINGS WHERE A CHILD IS CHARGED WITH A FELONY AND PREVIOUSLY HAS BEEN ADJUDICATED DELINQUENT OR CONVICTED OF TWO PRIOR FELONIES OR CHARGED WITH ANY CRIME AFTER HAVING BEEN ADJUDICATED DELINQUENT OR CONVICTED OF THREE OR MORE FELONIES; AND TO AMEND SECTION 20-7-8510 RELATING TO DISCLOSURE OF JUVENILE RECORDS AND FINGERPRINTING JUVENILES, SO AS TO REQUIRE THE DISCLOSURE OF RECORDS AND FINGERPRINTING OF A JUVENILE ADJUDICATED DELINQUENT OR CONVICTED OF THREE FELONIES.
Referred to Committee on Judiciary.
H. 4716 -- Reps. Knotts, Bauer, Fleming, Bowers, Davenport and Keegan: A BILL TO AMEND SECTION 40-15-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PER DIEM REIMBURSEMENTS TO STATE BOARD OF DENTISTRY MEMBERS FOR EXPENSES INCURRED WHILE ENGAGED IN THE OFFICIAL DUTIES OF THE BOARD, SO AS TO AUTHORIZE MEMBERS SERVING IN AN OFFICIAL BOARD CAPACITY WITH A NATIONAL OR REGIONAL ORGANIZATION TO ELECT TO RECEIVE REIMBURSEMENTS FROM THAT ORGANIZATION IN LIEU OF PAYMENTS TO WHICH THE BOARD MEMBER MAY BE ENTITLED TO RECEIVE UNDER STATE LAW.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4717 -- Reps. Knotts, Mason, Bowers, Koon, Inabinett, Lloyd, Whatley, McCraw, Howard, Barfield, R. Smith, J. Hines, Bauer, Felder, Davenport and Leach: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT A BOAT, BOAT MOTOR, OR PRIVATE PASSENGER MOTOR VEHICLE OWNED BY AN INDIVIDUAL SIXTY-FIVE YEARS OF AGE OR OLDER WHO HAS PAID PROPERTY TAXES ON SUCH AN ITEM OF PERSONAL PROPERTY FOR AT LEAST THE FIVE PRECEDING PROPERTY TAX YEARS AND TO EXEMPT THE OWNER-OCCUPIED PROPERTY OWNED BY AN INDIVIDUAL SIXTY-FIVE YEARS OF AGE OR OLDER WHO HAS PAID PROPERTY TAXES ON AN OWNER-OCCUPIED RESIDENCE FOR AT LEAST THE FIVE PRECEDING PROPERTY TAX YEARS.
Referred to Committee on Ways and Means.
H. 4718 -- Reps. Witherspoon, Barfield, Easterday, Townsend, Jordan, Law, Limehouse, Bailey, Hawkins, Fleming, Battle, Meacham, Stille, Walker, Robinson, Miller, Carnell, Hamilton, Whatley, Trotter, Vaughan, Kinon, Dantzler, Sandifer, McKay, Davenport, Loftis, Littlejohn, Leach, Riser, Barrett, Rodgers and Harrell: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 151 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH TENURE AT STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING IN SOUTH CAROLINA SHALL BE GRANTED.
Referred to Committee on Education and Public Works.
H. 4719 -- Rep. Cromer: A BILL TO AMEND SECTION 11-35-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE THE EXEMPTION OF THE GENERAL ASSEMBLY AND CERTAIN AGENCIES SUPPORTING THE GENERAL ASSEMBLY.
Referred to Committee on Judiciary.
H. 4720 -- Rep. McLeod: A BILL TO AMEND SECTION 12-4-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH THE DEPARTMENT SHALL MAKE INCOME TAX INFORMATION AVAILABLE TO POLITICAL SUBDIVISIONS FOR PURPOSES OF ADMINISTERING BUSINESS LICENSE TAXES AND TO DELETE PROVISIONS MADE OBSOLETE BY THE RESTRUCTURING ACT; AND TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF INFORMATION FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO ALLOW DISCLOSURE TO COUNTY AND MUNICIPAL OFFICIALS OF GROSS RECEIPTS AND NET TAXABLE SALES REPORTED TO THE DEPARTMENT FOR PURPOSES OF ADMINISTERING BUSINESS LICENSE TAXES.
Referred to Committee on Ways and Means.
H. 4721 -- Reps. Meacham, J. Hines, Seithel, Inabinett, Kirsh, Simrill, Lanford, Bailey, T. Brown, Lloyd, Davenport, Moody-Lawrence, Tripp, Witherspoon, Clyburn, Whatley, Allison and Byrd: A BILL TO AMEND TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 3 SO AS TO ENACT THE "SOUTH CAROLINA PRIVACY ACT OF 1998", TO PROVIDE THAT IT IS UNLAWFUL FOR ANY STATE OR LOCAL GOVERNMENTAL AGENCY TO DENY TO ANY INDIVIDUAL ANY RIGHT, BENEFIT, OR PRIVILEGE PROVIDED OR AUTHORIZED BY LAW BECAUSE OF THE INDIVIDUAL'S REFUSAL TO DISCLOSE HIS SOCIAL SECURITY NUMBER OR HIS DRIVER'S LICENSE NUMBER; TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON, CORPORATION, OR OTHER BUSINESS ENTITY, HOWEVER DENOMINATED, LICENSED TO DO BUSINESS IN THIS STATE BY ANY STATE OR LOCAL GOVERNMENTAL AGENCY TO DENY TO ANY INDIVIDUAL ANY GOODS, SERVICE, RIGHT, PRIVILEGE, OR BENEFIT OFFERED TO THE PUBLIC BECAUSE OF THE INDIVIDUAL'S REFUSAL TO DISCLOSE HIS SOCIAL SECURITY NUMBER OR HIS DRIVER'S LICENSE NUMBER, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THE ACT.
Referred to Committee on Judiciary.
H. 4722 -- Reps. Young-Brickell, Chellis, Bailey, Meacham, Koon, Law, Sandifer, Whipper, Riser, Young, Vaughn, Dantzler, Witherspoon, Davenport, Rodgers and McGee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-11-95 SO AS TO PROVIDE THAT MASTERS-IN-EQUITY SHALL HAVE CONCURRENT JURISDICTION WITH THE COURT OF COMMON PLEAS TO GRANT INJUNCTIVE RELIEF OR SUCH OTHER RELIEF AS CONSIDERED APPROPRIATE IN MATTERS INVOLVING REAL ESTATE RESTRICTIVE COVENANTS UPON PETITION OF ANY PARTY.
Referred to Committee on Judiciary.
H. 4723 -- Reps. Knotts, Koon, Howard, Sandifer, Scott, Simrill, Campsen, Mason, Kelley, Bowers, Whatley, Bailey, Cotty, Lloyd, Neal, Sharpe, R. Smith, Breeland, Rice, Chellis, Moody-Lawrence, McCraw, Riser, Rodgers, Meacham, Young-Brickell, Davenport and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3510 SO AS TO ALLOW A TAX CREDIT AGAINST THE SOUTH CAROLINA INCOME TAX LIABILITY OF RESIDENT INDIVIDUALS FOR TUITION PAID TO A PUBLIC OR PRIVATE INSTITUTION OF HIGHER LEARNING IN THIS STATE FOR STUDENTS WHO MAINTAIN A "C" GRADE POINT AVERAGE.
Referred to Committee on Ways and Means.
H. 4724 -- Reps. Knotts and Davenport: A BILL TO AMEND SECTION 20-7-6805, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO CREATE THE DIVISION OF JUVENILE JUSTICE WITHIN THE DEPARTMENT OF CORRECTIONS, TO TRANSFER ALL FUNCTIONS, POWERS, DUTIES, RESPONSIBILITIES, AUTHORITY, ASSETS, LIABILITIES, RECORDS, PROPERTY, PERSONNEL, AND FUNDS OF THE DEPARTMENT OF JUVENILE JUSTICE TO THE DEPARTMENT OF CORRECTIONS; AND TO REQUIRE THE DEPARTMENT TO CONTRACT WITH COURT ADMINISTRATION FOR THE PROVISION OF INTAKE AND PROBATION SERVICES AND WITH OTHER STATE AGENCIES TO PROVIDE OTHER COMMUNITY SERVICES; AND TO REPEAL SECTIONS 20-7-6810 AND 20-7-6815 RELATING TO THE APPOINTMENT AND REMOVAL OF THE DIRECTOR OF THE DEPARTMENT OF JUVENILE JUSTICE.
Referred to Committee on Judiciary.
H. 4725 -- Reps. Cato and Vaughn: A JOINT RESOLUTION TO PROVIDE FOR DISBURSEMENT OF EXCESS FUNDS COLLECTED BY THE UPPER GREENVILLE COUNTY HOSPITAL DISTRICT BY WAY OF GENERAL OBLIGATION BONDS AUTHORIZED BY ACT 744 OF 1967 AND ACT 1533 OF 1968 UPON HOLDING OF A PUBLIC HEARING AND APPROVAL OF THE DISBURSEMENT PLAN BY THE GREENVILLE COUNTY LEGISLATIVE DELEGATION.
On motion of Rep. CATO, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4726 -- Reps. Keegan, Barfield, J. Hines, Bowers, Koon, R. Smith, Sandifer, Inabinett, Lloyd, Mason, Whipper, Rodgers, Battle, Miller, Stille, Witherspoon, Kelley, Sharpe, Beck, Clyburn, McGee, Cromer, Davenport, Whatley, Felder, Leach and Edge: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO INCREASE FROM FIVE DOLLARS A DAY TO TEN DOLLARS A DAY THE SUBSISTENCE ALLOWANCE DEDUCTION ALLOWED FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT OFFICERS AND FULL-TIME FIREFIGHTERS AND EMERGENCY MEDICAL SERVICE PERSONNEL.
Referred to Committee on Ways and Means.
H. 4727 -- Reps. Sharpe, Witherspoon and Bauer: A BILL TO AMEND CHAPTER 11, TITLE 50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, SO AS TO FURTHER PROVIDE FOR THE PROTECTION OF GAME IN THIS STATE; TO AMEND SECTION 50-1-60, AS AMENDED, RELATING TO THE DIVISION OF THE STATE INTO GAME ZONES, SO AS TO REVISE AND CONSOLIDATE THE GAME ZONES; BY ADDING SECTION 50-1-138 SO AS TO PROVIDE PENALTIES FOR CONSPIRING TO VIOLATE ANY PROVISIONS OF THE WILDLIFE, FISHERIES, MARINE, AND BOATING LAWS OF THIS STATE; BY ADDING SECTION 50-9-535 SO AS TO MAKE IT UNLAWFUL TO HUNT, TAKE, OR POSSESS MIGRATORY GAME BIRDS WITHOUT FIRST OBTAINING A MIGRATORY GAME BIRD PERMIT AT NO COST FROM THE DEPARTMENT, AND TO DEFINE MIGRATORY GAME BIRDS FOR THIS PURPOSE; BY ADDING SECTION 50-9-1115 SO AS TO PROVIDE THAT PERSONS CONVICTED OF CERTAIN OFFENSES WHO FAIL TO PAY THE FINE OR RESTITUTION ORDERED ARE INELIGIBLE FOR PERMITS, LICENSES, OR REGISTRATIONS ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES; TO AMEND SECTION 50-9-1120, RELATING TO THE POINT SYSTEM FOR HUNTING AND FISHING VIOLATIONS, SO AS TO MAKE THE HUNTING OR TAKING OF WATERFOWL BEFORE OR AFTER LEGAL HOURS AN EIGHTEEN-POINT VIOLATION; TO AMEND SECTION 50-17-810, AS AMENDED, RELATING TO CLOSED AND OPEN SEASONS ON SHAD, SO AS TO FURTHER PROVIDE FOR THE SEASON FOR TAKING SHAD; AND TO REPEAL SECTIONS 50-1-20, 50-1-40, 50-1-90, 50-1-100, 50-1-125, 50-3-360, 50-13-20, 50-13-90, 50-13-110, 50-13-120, 50-13-190, 50-13-200, 50-13-320, 50-13-350, 50-13-360, 50-13-530, 50-13-610, 50-13-620, 50-13-680, 50-13-690, 50-13-700, 50-13-815, 50-13-980, 50-13-990, 50-13-1010, 50-13-1020, 50-13-1194, 50-13-1450, 50-13-1470, 50-13-1940, 50-13-2010, 50-17-35, 50-17-811, 50-17-812, 50-17-813, 50-17-814, 50-17-815, 50-17-816, 50-17-817, 50-17-820, 50-17-850, 50-17-855, 50-17-865, 50-19-10, 50-19-110, 50-19-120, 50-19-130, 50-19-210, 50-19-220, 50-19-230, 50-19-240, 50-19-310, 50-19-330, 50-19-410, 50-19-710, 50-19-720, 50-19-730, 50-19-740, 50-19-750, 50-19-760, 50-19-770, 50-19-780, 50-19-1010, 50-19-1020, 50-19-1110, 50-19-1120, 50-19-1130, 50-19-1140, 50-19-1150, 50-19-1160, 50-19-1170, 50-19-1180, 50-19-1510, 50-19-1710, 50-19-1720, 50-19-1730, 50-19-1910, 50-19-1920, 50-19-1925, 50-19-1930, 50-19-2220, 50-19-2310, 50-19-2330, 50-19-2400, 50-19-2520, 50-19-2530, 50-19-2620, 50-19-2630, AND 50-19-3010 RELATING TO VARIOUS PROVISIONS OF LAW IN REGARD TO WILDLIFE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
The following was introduced:
H. 4728 -- Reps. Battle, Witherspoon, Barfield, M. Hines and Miller: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO RENAME THE GALIVANT'S FERRY PUBLIC BOAT LANDING IN MARION COUNTY AS THE JOSEPH W. HOLLIDAY BOAT LANDING.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was taken up for immediate consideration:
H. 4729 -- Rep. Stille: A HOUSE RESOLUTION REQUESTING THE HONORABLE SANDRA K. MCKINNEY, CLERK OF THE HOUSE OF REPRESENTATIVES, TO COLLECT AND PUBLISH THE PRAYERS OF THE HOUSE CHAPLAIN, THE REVEREND DR. ALTON C. CLARK OF LITTLE MOUNTAIN, AND PROVIDE FOR DISTRIBUTION OF EIGHTEEN HUNDRED COPIES OF THE CHAPLAIN'S COLLECTED PRAYERS AS DIRECTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, request the Honorable Sandra K. McKinney, Clerk of the House of Representatives, to collect and publish the prayers of the House Chaplain, the Reverend Dr. Alton C. Clark of Little Mountain, in accordance with previous procedure, and that eighteen hundred copies of the collected prayers be distributed, following publication, in the manner directed by the Speaker.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Canty Carnell Cato Chellis Clyburn Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Lanford Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Thursday, February 26.
Jennings G. McAbee Daniel T. Cooper Jackson S. Whipper Clementa C. Pinckney James N. Law Gilda Cobb-Hunter Harry R. Askins William D. Boan Bill Cotty Richard M. Quinn, Jr. Wilbur L. Cave Larry L. Koon John G. Felder
LEAVE OF ABSENCE
The SPEAKER granted Rep. HINSON a leave of absence for the day.
Reps. MOODY-LAWRENCE and T. BROWN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, February 25.
Announcement was made that Dr. J. Capers Hiott of Sumter is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
BILL NUMBER: H. 3901
DATE ADD:
2/26/98 Walton J. McLeod
BILL NUMBER: H. 3842
DATE REMOVE:
2/26/98 J. Michael Baxley
Rep. H. BROWN moved that when the House adjourns today that it adjourn to meet in local session on Friday, February 27, 1998, and to convene at 1:00 P.M., Monday, March 2, 1998, in statewide session, which was agreed to.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4449 -- Reps. Cooper, Townsend, Martin, Jordan, Maddox and Stille: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
H. 4686 -- Rep. Stoddard: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO CHANGE THE NAME OF WOODVILLE PRECINCT TO GREENPOND PRECINCT AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
H. 4381 -- Reps. Cobb-Hunter, Canty, Moody-Lawrence and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-205 SO AS TO REQUIRE AN AGENCY RECEIVING FUNDS FROM THE DEPARTMENT OF SOCIAL SERVICES FOR THE TREATMENT OF PERPETRATORS OF DOMESTIC VIOLENCE TO COMPLY WITH PROGRAM STANDARDS CONTAINED IN THE DEPARTMENT'S ANNUAL BATTERED SPOUSE STATE PLAN.
H. 4569 -- Reps. Cato and Gamble: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-58-67 SO AS TO REQUIRE ANNUAL CONTINUING PROFESSIONAL EDUCATION FOR LICENSED MORTGAGE LOAN BROKERS AND ORIGINATORS; TO AMEND SECTIONS 40-58-10, 40-58-20, 40-58-30, 40-58-50, 40-58-55, 40-58-60, 40-58-65, 40-58-80, AND 40-58-110, ALL AS AMENDED, RELATING TO REGULATION OF MORTGAGE LOAN BROKERS, SO AS TO REQUIRE LICENSING RATHER THAN REGISTRATION OF MORTGAGE LOAN BROKERS, TO REQUIRE TWO YEARS' EXPERIENCE WORKING AS AN ORIGINATOR BEFORE INITIAL LICENSING AND TO PROVIDE EXCEPTIONS, TO DEFINE "ORIGINATOR"; TO ALLOW BROKERS PROPERLY REGISTERED BEFORE OCTOBER 1, 1998, TO CONTINUE TO ACT AS MORTGAGE LOAN BROKERS WITHOUT REGARD TO EXPERIENCE OR EDUCATION REQUIREMENTS ADDED BY THIS ACT, TO AUTHORIZE THE SUSPENSION OF A LICENSE FOR VIOLATIONS, AND TO INCREASE THE INITIAL APPLICATION FEE AND ANNUAL RENEWAL FEE FROM FIVE TO SIX HUNDRED DOLLARS AND IMPOSE A TWENTY-FIVE DOLLAR ADDITIONAL ANNUAL RENEWAL FEE FOR EACH ORIGINATOR.
The following Bill was read the third time, passed and, 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.
S. 1037 -- Senator Alexander: A BILL TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED, AND PROVIDE THAT THE POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE REGISTRATION AND ELECTIONS COMMISSION FOR OCONEE COUNTY.
The following Bill was taken up.
S. 835 -- Senators Peeler and Reese: A BILL TO REPEAL SECTION 50-1-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR REPORTING OF HUNTING ACCIDENTS.
Rep. WITHERSPOON explained the Bill.
Rep. GOURDINE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 972 -- Senators Bryan, Russell, Reese, Courtney, Lander, Peeler and Short: A BILL TO AMEND CHAPTER 13, TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 SO AS TO CREATE THE ENOREE RIVER GREENWAY COMMISSION AND PROVIDE FOR ITS POWERS AND DUTIES.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21249SD.98), which was adopted.
Amend the bill, as and if amended, by striking subsection (A) of Section 51-13-2020 of the 1976 Code, as contained in SECTION 1, and inserting:
/(A) At all meetings of the board, a quorum of the board for the transaction of business shall consist of a majority of the membership of the board. If any member misses three consecutive meetings, then that seat is deemed to be vacant and the vacancy shall be filled in the manner provided by this article./
Renumber sections to conform.
Amend totals and title to conform.
Rep. DAVENPORT 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. DAVENPORT, with unanimous consent, it was ordered that S. 972 be read the third time tomorrow.
The following Bill was taken up.
H. 4594 -- Reps. Rhoad, Bowers, R. Smith, Koon, Limehouse, Bauer, Bailey, Inabinett, Battle, J. Smith, Witherspoon, Sharpe, Davenport, T. Brown, Law, Webb, McAbee, Wilkes, Lloyd, Neal, Knotts, Edge, Miller, Hamilton, Loftis, Riser, Cave, Barfield, Littlejohn, Dantzler, Harvin, Phillips, Maddox, Hinson, Rodgers, Baxley, Leach, Cromer, Jennings and Neilson: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT AUTHORIZED TO BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO AUTHORIZE THE USE OF BREAM ON THE EDISTO RIVER ON CERTAIN SET HOOKS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21248SD.98), which was adopted.
Amend the bill, as and if amended, by striking Section 50-13-1187(B) of the 1976 Code, as contained in SECTION 1, and inserting:
/(B) Notwithstanding this section, on the Edisto River live nongame fish may be used with 9/0 or larger single-barbed set hooks Notwithstanding any other provisions of law, on the Edisto, Black, Sampit, Big Pee Dee, Little Pee Dee, Lumber, and Waccamaw Rivers, live nongame fish and bream may be used with single-barbed set hooks that have a shank-to-point gap of one and three-sixteenths inches or greater. However, it is unlawful for any person to have in his possession more than thirty bream while fishing with nongame tackle on these rivers. Any person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WITHERSPOON 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. WITHERSPOON, with unanimous consent, it was ordered that H. 4594 be read the third time tomorrow.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4039 -- Rep. Sharpe: A BILL TO AMEND SECTION 49-29-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCENIC RIVERS TRUST FUND, SO AS TO EXTEND THE AUTHORIZED USE OF THESE TRUST FUNDS TO EDUCATIONAL OR PLANNING PROJECTS ASSOCIATED WITH THE ADMINISTRATION AND MANAGEMENT OF THE STATE SCENIC RIVERS PROGRAM.
Rep. DAVENPORT explained the Bill.
On motion of Rep. DAVENPORT, with unanimous consent, it was ordered that H. 4039 be read the third time tomorrow.
The following Bill was taken up.
H. 4589 -- Reps. Klauber, Hawkins, Cato and Gamble: A BILL TO AMEND SECTION 12-56-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXTEND THE DEFINITION OF "POLITICAL SUBDIVISION" TO INCLUDE THE SOUTH CAROLINA ASSOCIATION OF HOUSING AUTHORITY EXECUTIVE DIRECTORS.
Rep. SHEHEEN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4486 -- Reps. Jennings, Inabinett, Kirsh, Meacham, H. Brown, Spearman, Moody-Lawrence, Neilson, J. Hines, Cobb-Hunter, Seithel, Bailey, Battle, D. Smith, Tripp, Harrison, Rodgers, Leach, Scott, Gamble, Govan, McCraw, Riser, Stille, Stuart, Young-Brickell, Vaughn, Keegan, Neal, Kelley, Loftis, Witherspoon, Cato, A. Harris, Wilder, Stoddard, McMaster, Jordan, Martin and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-140 SO AS TO PROVIDE THAT A VALID PROTECTION ORDER RELATED TO DOMESTIC OR FAMILY VIOLENCE ISSUED IN ANOTHER STATE IS VALID IN THIS STATE AND MUST BE ENFORCED AS IF IT WERE ISSUED IN THIS STATE; TO PROVIDE THE PREREQUISITES TO AND PROCEDURES FOR ENFORCING SUCH ORDER; TO PROVIDE CIVIL AND CRIMINAL IMMUNITY; AND TO AMEND SECTION 16-25-50 RELATING TO PENALTIES FOR VIOLATION OF AN ORDER OF PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO ALSO APPLY THE PENALTIES TO VIOLATIONS OF ORDERS ISSUED IN ANOTHER STATE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7225AC.98), which was adopted.
Amend the bill, as and if amended, Section 20-4-140 beginning on page 4486-2, line 23 by deleting subsections (D), (E) and (F) and inserting:
/(D) A petitioner who obtains a valid order of protection in another state, tribe, or territory, may file that order without fee or cost by presenting a certified copy of the foreign order to a clerk of court in the judicial circuit where the petitioner believes enforcement may be necessary. A clerk of court shall direct the petitioner to present a copy of the filed foreign protection order to the police or sheriff's office for enforcement if necessary. The clerk also shall provide the petitioner with a copy bearing proof of filing with the court for the petitioner's records. However, filing of the foreign order is not a prerequisite for enforcement of the order.
(E) A law enforcement officer may rely upon a copy of a protection order which has been provided to the officer by any source and which appears valid on its face regardless of certification and also may rely upon the statement of any person protected by a protection order that the order remains in effect. An officer shall enforce a valid order regardless of whether it has been entered into the National Crime Information Center or other registry. An officer shall also enforce a foreign order regardless of whether it has been filed in a South Carolina court. If the order was issued in South Carolina and has not previously been entered into the National Crime Information Center, the law enforcement officer shall enter the order. A law enforcement officer acting in good faith is immune from civil and criminal liability in any action arising in connection with a court's finding that a protection order was not enforceable./
Renumber sections to conform.
Amend totals and title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read second time and ordered to third reading.
On motion of Rep. COTTY, with unanimous consent, it was ordered that H. 4486 be read the third time tomorrow.
The following Bill was taken up.
H. 3758 -- Rep. Felder: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO, AMONG OTHER THINGS, PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.
Rep. McGEE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4438 -- Reps. Davenport, Knotts and Limehouse: A BILL TO AMEND SECTION 6-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO INCREASE THE MEMBERSHIP OF THE COUNCIL FROM FIFTEEN TO SIXTEEN MEMBERS AND TO INCREASE THE NUMBER OF MEMBERS CONSTITUTING A QUORUM FOR THE PURPOSE OF COUNCIL MEETINGS.
Rep. YOUNG made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4507 -- Rep. Davenport: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF CONTRACTORS AS A PROFESSION, BY ADDING SECTION 40-11-165 SO AS TO REQUIRE A PERSON WHO IS OR HAS BEEN LICENSED UNDER CHAPTER 40 WHO LEAVES SOUTH CAROLINA WITH UNPAID DEBTS AND SUBSEQUENTLY RETURNS TO THE STATE SEEKING TO BECOME LICENSED IN THIS STATE AGAIN OR TO DO BUSINESS AGAIN IN SOUTH CAROLINA UNDER THE AUTHORITY OF A STILL-VALID LICENSE TO FILE A STATEMENT LISTING CERTAIN OUTSTANDING DEBTS AND BANKRUPTCIES.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9720JM.98), which was adopted.
Amend the bill, as and if amended, by
striking Section 40-11-165, as contained in SECTION 1, and inserting:
/Section 40-11-165. Notwithstanding any other provision of law, a person who is or has been licensed pursuant to the provisions of this chapter who leaves this State with unpaid debts and subsequently returns to the State and seeks to become licensed in this State again, or to do business again in this State under the authority of a still-valid license previously issued under this chapter, shall file with the board a signed, notarized statement listing (1) all outstanding debts the person, or any subsidiary of the person, owes with respect to having done business previously in this State and (2) all bankruptcies which the person, or any subsidiary of the person, has been involved in at any time and place. The board is authorized to refuse to issue a license to the person, and is also authorized to revoke the person's still-valid license, as the case may be, based upon the information contained in the signed, notarized statement required by this section./
Amend title to conform.
Rep. BAILEY 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. BAILEY, with unanimous consent, it was ordered that H. 4507 be read the third time tomorrow.
The following Bill was taken up.
H. 4360 -- Reps. Limehouse, Wilkins, Allison, Altman, Barrett, Bauer, Barfield, H. Brown, Campsen, Cato, Dantzler, Davenport, Delleney, Felder, Fleming, Harrell, Harrison, Haskins, Hawkins, Jordan, Keegan, Kelley, Kinon, Klauber, Law, Littlejohn, Lloyd, McMaster, Maddox, Rice, Riser, Robinson, Sandifer, D. Smith, F. Smith, R. Smith, Tripp, Trotter, Vaughn, Whatley, Witherspoon, Young, Bailey, Cotty, Hinson, Gamble, Knotts, Leach, Meacham, Rodgers, Seithel, Stille, Walker, Easterday, Mason and Young-Brickell: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 48 SO AS TO ENACT THE "SEXUALLY VIOLENT PREDATOR ACT" INCLUDING PROVISIONS TO ESTABLISH PROCEDURES FOR DETERMINING IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, TO PROVIDE FOR THE RIGHTS OF SUCH PERSONS IN THIS PROCESS, AND TO AUTHORIZE THE COMMITMENT OF SUCH PERSON TO THE DEPARTMENT OF MENTAL HEALTH UPON ANTICIPATION OF RELEASE FROM INCARCERATION UNTIL THE PERSON IS SAFE TO BE AT LARGE; TO AMEND SECTION 16-3-1110, RELATING TO DEFINITIONS IN REGARD TO COMPENSATION OF VICTIMS OF CRIME AND TOLLING THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME WHO HAVE A CAUSE OF ACTION AGAINST AN INCARCERATED OFFENDER, SO AS TO FURTHER PROVIDE FOR THE TOLLING OF THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME IN REGARD TO PERSONS RELEASED FROM COMMITMENT PURSUANT TO CHAPTER 48 OF TITLE 44; TO AMEND CHAPTER 3, TITLE 24, RELATING TO THE STATE PRISON SYSTEM, BY ADDING SECTION 24-3-85 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ADMIT AND DETAIN PERSONS TRANSFERRED PURSUANT TO AN INTERAGENCY AGREEMENT AUTHORIZED BY CHAPTER 48 OF TITLE 44; AND TO AMEND SECTION 44-22-10, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RIGHTS OF MENTAL HEALTH PATIENTS, SO AS TO EXCLUDE FROM THE DEFINITION OF "PATIENT" A PERSON COMMITTED TO THE DEPARTMENT PURSUANT TO CHAPTER 48 OF TITLE 44.
Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 4699 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO NONGAME AND ENDANGERED SPECIES: RED-COCKADED WOODPECKERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2251, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WITHERSPOON explained the Joint Resolution.
Rep. BAXLEY made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Upon the withdrawal of requests for debate by Reps. R. SMITH, HAMILTON, BREELAND and J. BROWN the following Bill was taken up.
H. 3013 -- Reps. Kirsh, Meacham, Lloyd and Beck: A BILL TO AMEND SECTION 40-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL RENEWAL OF COSMETOLOGISTS LICENSES AND THE REQUIREMENT THAT APPLICANTS COMPLETE CERTAIN CONTINUING EDUCATION, SO AS TO EXEMPT A PERSON WHO HAS HELD A LICENSE FOR AT LEAST FIFTEEN CONSECUTIVE YEARS AND IS SIXTY YEARS OF AGE OR OLDER FROM TAKING THE CONTINUING EDUCATION COURSES.
Rep. DAVENPORT proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7229AC.98), which was tabled.
Amend the bill, as and if amended, Section 40-13-240(1), page 1, line 31, after
/ older / by inserting:
/or who has held a license for at least twenty years and who has not been disciplined by the board./
Renumber sections to conform.
Amend totals and title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Reps. DAVENPORT, SCOTT and LEE proposed the following Amendment No. 2 (Doc Name P:\AMEND\PSD\7233AC.98), which was adopted.
Amend the bill, as and if amended, Section 40-13-240(1), page 1, line 31, after /older/ by inserting:
/or who has held continuous licensure for at least thirty years, is fifty years of age, and who has not been disciplined by the board/
Renumber sections to conform.
Amend totals and title to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
Rep. DAVENPORT proposed the following Amendment No. 4 (Doc Name P:\AMEND\PSD\7230AC.98), which was adopted.
Amend the bill, as and if amended, Section 40-13-240(1), page 1, line 32, after the /./ by inserting:
/Upon approval by the board and submission of an attendance form prescribed by the board, a person may obtain continuing education credit by attendance at trade show cosmetology-related instructional programs./
Renumber sections to conform.
Amend title to conform.
Rep. DAVENPORT explained the amendment.
Rep. KIRSH moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 6 to 40.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3013 be read the third time tomorrow.
The Senate amendments to the following Bill were taken up for consideration.
H. 4591 -- Reps. Spearman, McAbee and Clyburn: A BILL TO AMEND ACT 1139 OF 1968, RELATING TO THE SCHOOL BOARD OF TRUSTEES IN SALUDA COUNTY, SO AS TO DELETE A PROVISION WHICH REQUIRES THE SCHOOL BUDGET AND TAX LEVY TO BE SUBJECT TO THE APPROVAL OF A MAJORITY OF THE COUNTY COMMISSIONERS RESIDING IN SCHOOL DISTRICT NO. 1.
The question then recurred to concurrence or non-concurrence.
Rep. SPEARMAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Spearman
Those who voted in the negative are:
So, 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, read the third time, and ordered sent to the Senate.
H. 3784 -- Reps. Haskins, Jordan, Neal, H. Brown, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Bowers, G. Brown, Byrd, Cato, Cave, Clyburn, Cobb-Hunter, Cooper, Davenport, Edge, Fleming, Hamilton, J. Hines, M. Hines, Hodges, Howard, Jennings, Kelley, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Maddox, McCraw, McKay, Meacham, Miller, Parks, Phillips, Pinckney, Quinn, Rice, Riser, Robinson, Sandifer, Scott, Sharpe, Simrill, F. Smith, R. Smith, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Whipper, Woodrum, Young, Govan, Campsen and Harrell: A BILL TO AMEND CHAPTER 45, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF PHYSICAL THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICAL THERAPISTS INCLUDING, BUT NOT LIMITED TO, DELETING THE REQUIREMENT FOR TREATMENT BY PRESCRIPTION OF A PHYSICIAN OR DENTIST, CLARIFYING THE SCOPE OF PRACTICE, PROHIBITING, RECEIVING, OR IN ANY WAY PARTICIPATING IN REFUNDING FEES FOR PATIENT REFERRALS, REVISING REQUIREMENTS FOR LICENSEES NOT GRADUATING FROM AN APPROVED SCHOOL, ESTABLISHING
PROVISIONAL LICENSES AND BIENNIAL LICENSURE, REQUIRING CONTINUING EDUCATION FOR RENEWAL, PROVIDING A CIVIL PENALTY, AND INCREASING CRIMINAL PENALTIES.
The motion period was dispensed with on motion of Rep. J. BROWN.
The following Bill was taken up.
H. 3842 -- Reps. Wilkins, J. Smith, McMaster, Beck, Hawkins, Delleney, Cromer, Davenport, Young-Brickell, Keegan, Allison, Fleming, Barfield, Jennings, Kelley, Loftis, Hamilton, Sharpe, Limbaugh, Mason, Sandifer, Meacham, McCraw, Hinson, Harrison, Knotts, Harrell, Simrill, Haskins, Cooper, Cato, Walker, Woodrum, Rodgers, Easterday, Klauber, Chellis, Mullen, Littlejohn, Stuart, Whatley, Trotter, Barrett, Hodges, Riser, Leach, Rice, Robinson, McLeod and Campsen: A BILL TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES BY ADDING CHAPTER 2, SO AS TO PROVIDE ADVISORY SENTENCING GUIDELINES; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 16-3-654, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO PROVIDE PENALTY PROVISIONS AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 16-3-1075, RELATING TO FELONY CARJACKING, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-11-110, AS AMENDED, RELATING TO ARSON, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-15-140, AS AMENDED, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON A CHILD, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS, AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE", AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME ANY PRISONER CAN EARN OFF HIS SENTENCE FOR GOOD BEHAVIOR TO THREE DAYS A MONTH, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME ANY PRISONER CAN EARN OFF HIS SENTENCE FOR PARTICIPATING IN AN EDUCATION PROGRAM TO SIX DAYS A MONTH, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-430, RELATING TO RIOTING OR INCITING TO RIOT, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTIONS 24-13-710 AND 24-13-720, BOTH AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR ANY CRIME AND TO PROVIDE THAT CERTAIN OFFENDERS MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-21-560, RELATING TO PRISONERS WHO MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO PROVIDE THAT A PERSON SENTENCED TO A TERM OF IMPRISONMENT OF TWENTY YEARS OR MORE MUST COMPLETE NOT MORE THAN TWO YEARS OF COMMUNITY SUPERVISION AS A PART OF HIS SENTENCE, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 56-5-2940, RELATING TO PENALTIES FOR VIOLATING THE DRIVING UNDER THE INFLUENCE PROVISIONS, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 56-5-2945, AS AMENDED, RELATING TO CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO REVISE THE PENALTY; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110, RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100, RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY.
Rep. KIRSH raised a Point of Order that the Bill was out of order under Rule 4.4 in that the Bill appropriated revenue and therefore must be considered by the Ways and Means Committee.
Rep. BAXLEY stated that a previous Point of Order raised by Rep. SCOTT on May 23, 1996 which was sustained by the SPEAKER, also dealt with appropriated revenue. At that time a precedent was cited from April 27, 1994 which stated that a Bill which had a substantial effect on revenue must go to the Ways and Means Committee. He stated further that H. 3842 had an impact of several million dollars because of the requirement it places on solicitors and therefore H. 3842 should go to the Ways and Means Committee.
Rep. HASKINS stated that the Point was being raised on an amendment and not on the Bill itself and that the rule only required that a Bill go to Ways and Means if it has an appropriation and therefore the Point would be out of order.
Rep. BAXLEY stated that the amendment was out of order.
Rep. HARRISON stated to appropriate money is to set it apart, to designate some specific sum of money for a particular purpose and that this Bill did not set a specific sum of money for a specific purpose.
Rep. BAXLEY stated that in the previous ruling of a Point of Order raised on May 23, 1996, a Bill which appropriates money or has a substantial effect on revenue must go to the Ways and Means Committee. He stated further that this Bill clearly had a substantial effect on revenue because of the requirements of funding through the solicitor's office.
SPEAKER WILKINS stated that a House Rule takes precedence over precedents that are directly on the Point.
Rep. HASKINS stated that the Rule referred to a Bill and not an amendment.
SPEAKER WILKINS cited Rule 4.4 which refers to Bills and not amendments and therefore overruled the Point of Order.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15395CM.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 16 of the 1976 Code is amended by adding:
Section 16-2-10. (A) This chapter may be cited as the 'South Carolina Advisory Sentencing Guidelines Act'.
(B) Advisory Sentencing Guidelines apply equally to all offenders in the State without regard to any element that does not relate to the crime or crimes of current conviction or the prior criminal record of the defendant.
(C) This chapter applies to all criminal offenses in South Carolina punishable by maximum terms of imprisonment of one year or more except offenses specifically excluded from this act as provided in subsection (D).
(D) This chapter does not apply to offenses for which life imprisonment is ordered under Section 17-25-45, the offense of Contempt of Court under Section 14-5-320, the offenses of attempt and conspiracy under Section 44-53-420, crimes with maximum penalties of less than one year, sentences imposed as a result of technical probation revocations, offenses exempt from classification under Section 16-1-10 (D) which receive the death penalty or life imprisonment, or sentences imposed in accordance with the Youthful Offender Act. However, this chapter does apply to the above offenses for purposes of scoring the offender's prior record.
(E) Offenses exempt from classification under Section 16-1-10(D) which do not receive the death penalty or life imprisonment are treated, for purposes of sentencing guidelines, as Felony A offenses.
(F) Offenses with provisions for mandatory minimum sentences are subject to these guidelines. However, if the mandatory minimum sentence is greater than the guidelines recommendation, the mandatory minimum sentence overrides the guidelines. If the guidelines recommendation is greater, the guidelines control.
(G) Fines and restitution, as provided by law, may be added to a guidelines sentence.
(H) The South Carolina Sentencing Guidelines Commission shall promulgate regulations consistent with the provisions contained in this chapter.
Section 16-2-20. As used in this chapter:
(1) 'Aggravating factors' means reasons justifying a sentence above the presumptive sentencing range for the offense. A sentence in the aggravating range is not considered a departure from guidelines.
(2) 'Commission' means the South Carolina Sentencing Guidelines Commission.
(3) 'Conviction' means any conviction, guilty plea, or plea of nolo contendere and includes being convicted of a violation of a law of another state or a city or county ordinance.
(4) 'Prior convictions' means felonies and misdemeanors, prior convictions not classified at the time of conviction, federal or out-of-state convictions, circuit, magistrate, and municipal court convictions, and juvenile adjudications if the offense is a felony if committed by an adult. Prior convictions set aside or prior convictions of which the defendant was pardoned for reasons unrelated to innocence or legal error are to be counted in calculation of the prior record score. Expunged convictions are never counted.
(5) 'Prior record score' means the summation of points associated with previously imposed sentences.
(6) 'Departure' means a sentence which is either higher or lower than what the appropriate grid cell recommends. The departure form must be completed if a departure sentence is issued.
(7) 'Grid' means the sentencing guidelines matrix developed by the Sentencing Guidelines Commission for all offenses punishable by maximum terms of imprisonment of one year or more except offenses specifically excluded in Section 16-2-10(D).
(8) 'Grid cell' means a block on the grid formed by the intersection of the maximum penalty offense of the current convictions and all other current convictions added to the offender's prior record score.
(9) 'Mitigating factors' means reasons justifying a sentence below the presumptive sentencing range for a crime. A sentence in the mitigated range is not a departure from guidelines.
(10) 'Presumptive sentence' means the recommended sentence for the average case provided in a grid cell.
(11) 'Maximum penalty offense' means the current conviction offense with the greatest maximum possible sentence.
(12) 'Community punishment' means financial sanctions, probation, community punishment systems, nonresidential and residential intermediate sanctions, or any other community-based disposition under the jurisdiction of the South Carolina Department of Probation, Parole, and Pardon Services.
(13) 'Community punishment systems' or 'CPS' means a community punishment with maximum level supervision in the community by the South Carolina Department of Probation, Parole, and Pardon Services with caseload sizes limited by South Carolina Department of Probation, Parole, and Pardon Services' policy.
(14) 'Residential and nonresidential intermediate sanctions' or 'IMS' means a community punishment which may include boot camps, restitution, and community control centers, and any other residential community punishment facility under the supervision of the South Carolina Department of Probation, Parole, and Pardon Services, and electronic monitoring, home detention, day reporting, intensive supervision, and any other structured, intensive nonresidential program under the supervision of the South Carolina Department of Probation, Parole, and Pardon Services.
(15) 'Sentencing scoresheet' means a form promulgated by the Sentencing Guidelines Commission and published in the State Register and the Code of Regulations used to determine a sentence under this chapter.
(16) 'Prior record form' means a form promulgated by the Sentencing Guidelines Commission and published in the State Register and the Code of Regulations used to determine a prior record score under this chapter.
(17) 'Departure from guidelines form' means a form promulgated by the Sentencing Guidelines Commission and published in the State Register and the Code of Regulations. The form should be completed when a sentence departs from the sentencing guidelines contained in this chapter.
(18) 'Technical probation revocation' means probation is revoked for anything other than the commission of a new crime.
Section 16-2-30. (A) The court should consider this chapter when determining the appropriate sentence for criminal offenses punishable by maximum terms of imprisonment of one year or more excluding those offenses specifically enumerated in Section 16-2-10 (D).
(B) The advisory sentencing guidelines grid is two-dimensional. The maximum penalty offense is used to select the appropriate horizontal severity level. The current convictions score and the prior record score are combined to produce the total point score used to select the appropriate grid cell.
(C) There are three sentencing ranges within each grid cell:
(1) the presumptive range is designed for the average case with no extraordinary circumstances;
(2) the aggravating range is designed for cases in which a longer sentence is warranted based on the presence of aggravating factors pursuant to Section 16-2-70(A);
(3) the mitigating range is designed for cases in which a lesser sentence is warranted based on the presence of mitigating factors pursuant to Section 16-2-70(C).
(D) It is in the court's discretion to determine whether a sentence in the aggravating or mitigating range is more appropriate for a particular offender.
(E) The presumptive sentence for offenders who fall below the bold dispositional line is a community punishment sentence. The presumptive sentence for offenders who fall above the bold dispositional line is imprisonment.
(F) The sentencing scoresheet and prior record form must be initially scored by the solicitor's office and completed in final form at the court's discretion. A copy of the sentencing scoresheet and prior record form must be provided to the defendant's attorney, or to the defendant if he is not represented by counsel, prior to or contemporaneous with the submission to the court. Each solicitor's office in the State will be allocated sufficient resources from the General Assembly's annual appropriations act to comply with this act. The sentencing scoresheet and prior record form must be made a part of the record, and a copy must be sent by the solicitor to the South Carolina Sentencing Guidelines Commission within ninety days of sentencing.
(G) Split sentences are departures from the guidelines requiring completion of the departure from guidelines form. Suspended sentences are departures from the guidelines requiring completion of the departure from guidelines form, except when the recommended guidelines sentence range permits a community punishment under the following conditions:
(1) If the maximum penalty offense is classified as a Felony C offense and the guidelines permit a community punishment, the statutory maximum serves as the limit on the portion of the sentence which may be suspended.
(2) If the maximum penalty offense is classified as a Felony D offense and the guidelines permit a community punishment, the limit on the portion of the sentence which may be suspended is seven years.
(3) If the maximum penalty offense is classified as a Felony E offense and the guidelines permit a community punishment, the limit on the portion of the sentence which may be suspended is five years.
(4) If the maximum penalty offense is classified as a Felony F offense and the guidelines permit a community punishment, the limit on the portion of the sentence which may be suspended is three years.
(5) If the maximum penalty offense is classified as a Misdemeanor A, B, or C offense and the guidelines permit a community punishment, the statutory maximum serves as the limit on the portion of the sentence which may be suspended.
(H) It is in the discretion of the court to determine if a departure from the guidelines' recommendation is warranted. If the court determines that a sentence more severe or less severe than recommended in this chapter is warranted, the court shall complete the departure from guidelines form. This form must be attached to the sentencing scoresheet and prior record form, and a copy shall be sent to the South Carolina Sentencing Guidelines Commission within ninety days after a person has been sentenced, and the commission shall compile this data by county. The court may, in its discretion, depart from the guidelines in cases which include, but are not limited to, those in which the defendant provided substantial assistance to the State, when the defendant suffers from significantly reduced mental capacity, or when there is an early acceptance of responsibility by the defendant as set forth below.
If the defendant has provided substantial assistance in the investigation or prosecution of another person, the court may determine an appropriate reduction in the defendant's sentence by considering the following:
(1) Evaluation of the significance and usefulness of the defendant's assistance, taking into consideration the state's evaluation of the assistance rendered.
(2) The truthfulness, completeness, and reliability of any information provided by the defendant.
(3) The nature and extent of the defendant's assistance.
(4) An injury suffered, or any danger or risk of injury to the defendant or his family resulting from the assistance.
(5) The timeliness of the defendant's assistance.
The court, on motion of the State, may reduce a sentence to reflect a defendant's subsequent substantial assistance in the investigation or prosecution of another person who has committed an offense. The reduction of the sentence pursuant to this section may be made at any time after the imposition of the sentence if it is based on information or evidence not known by the defendant at the time of sentencing. However, if it is based on information or evidence known by the defendant at the time of sentencing, then the motion must be made within one year from the date of sentencing.
The court, on a motion of the State, may reduce a sentence to reflect a defendant's early acceptance of responsibility within ninety days of an arrest or within the discretion of the solicitor.
If the defendant suffers from significantly reduced mental capacity, the court may determine an appropriate reduction in the defendant's sentence by considering whether the defendant committed a nonviolent offense while suffering from significantly reduced mental capacity not resulting from voluntary use of drugs or other intoxicants. A lower sentence may be warranted to reflect the extent the reduced mental capacity contributed to the commission of the offense.
(I) Unless specifically prohibited, a person who has been convicted of any criminal offense may be given a community punishment provided in this chapter if the class of the offense and current convictions and prior record level authorizes a community punishment as a type of sentence disposition.
(J) The South Carolina Department of Probation, Parole, and Pardon Services must develop a plan to handle offender services regarding community punishment under this chapter. The programs designed to accommodate these offenders shall hold offenders accountable for making restitution, require compliance with the court's judgment, appropriately punish and rehabilitate offenders by directing them to specialized treatment or education programs, and protect public safety. This plan must be submitted to the Speaker of the House and the President Pro Tempore of the Senate within one hundred eighty days after the effective date of this act.
(K) Community punishments available under this chapter include, but are not limited to:
(1) Residential Intermediate Sanctions or IMS which include boot camps, restitution, and community control centers, and any other residential community punishment facilities under the supervision of the South Carolina Department of Probation, Parole, and Pardon Services.
(2) Nonresidential Intermediate Sanctions or IMS which include electronic monitoring, home detention, day reporting, intensive supervision, and any other structured, intensive nonresidential program under the supervision of the South Carolina Department of Probation, Parole, and Pardon Services.
(3) Community Punishment Systems or CPS which include community punishment with maximum level supervision in the community by the South Carolina Department of Probation, Parole, and Pardon Services with caseload sizes limited by South Carolina Department of Probation, Parole, and Pardon Services' policy.
(4) Probation pursuant to Title 24, Chapter 21, Article 5.
Section 16-2-40. To determine a guidelines sentence, the court must:
(1) determine the maximum penalty offense to select the appropriate horizontal severity level;
(2) determine the current convictions score pursuant to Section 16-2-60 (A);
(3) determine the prior record score pursuant to Section 16-2-60 (B);
(4) add the current convictions score to the prior record score to produce the total point score. Use the total point score to select the appropriate vertical point column;
(5) the intersection of the appropriate horizontal severity level and the appropriate vertical point column produces the appropriate grid cell;
(6) determine if aggravating or mitigating factors, pursuant to Section 16-2-70, apply and select the appropriate sentencing range. All guidelines ranges are years of maximum confinement;
(7) select a sentence at any place within the appropriate sentencing range; and
(8) complete the departure from guidelines form if the sentence is outside of the appropriate grid cell's sentencing ranges.
Section 16-2-50. For purposes of sentencing, the 'South Carolina Sentencing Guidelines Grid', as promulgated by the Sentencing Guidelines Commission and published in the State Register and the Code of Regulations, applies to criminal offenses with maximum terms of imprisonment of one year or more, except those offenses specifically excluded from this chapter provided in Section 16-2-10(D), committed one year after this act has been approved by the Governor.
Section 16-2-60. (A) The current convictions score for the purpose of Section 16-2-40 must be calculated pursuant to regulations promulgated by the Sentencing Guidelines Commission and published in the State Register and the Code of Regulations.
(B)(1) The prior record score for the purpose of Section 16-2-40 is calculated pursuant to regulations promulgated by the Sentencing Guidelines Commission and published in the State Register and the Code of Regulations.
(2) Federal or out-of-state convictions are scored.
(3) Circuit, magistrate, and municipal court convictions, and juvenile adjudications that would be felonies if committed by an adult are scored accordingly.
(4) Any prior sentence of over one year imposed more than fifteen years before the defendant's current conviction is not scored unless the sentence extends into the fifteen-year period. Any prior sentence of one year or less imposed more than ten years before the defendant's current conviction is not scored.
Section 16-2-70. (A) When determining whether an aggravated sentence is warranted, the court may consider whether any of the following factors may apply:
(1) Serious bodily injury to a victim resulted from the criminal act.
(2) The victim was treated with particular cruelty for which the offender should be held responsible.
(3) The victim was particularly vulnerable due to age, infirmity, or reduced physical or mental capacity which was known or should have been known to the offender.
(4) Protracted mental or emotional distress to a victim resulted from the act.
(5) The defendant committed the offense while he was:
(a) on probation;
(b) a parolee;
(c) on work release;
(d) on furlough;
(e) an escapee;
(f) released on bond;
(g) under community supervision; or
(h) serving an active sentence.
(6) The defendant possessed a firearm, visibly displayed what appeared to be a firearm, visibly displayed a knife, or used an object capable of causing death or inflicting serious bodily injury during the commission of a crime.
(7) The defendant induced others to participate in the commission of the offense or occupied a position of leadership or dominance over other participants.
(8) The defendant attempted to obstruct justice by intimidating a witness or juror, destroying evidence, or otherwise hindering the enforcement of laws in the investigation, prosecution, or sentencing of the defendant's case.
(9) A defendant's refusal to assist authorities in the investigation of other persons should not be considered as an aggravating sentencing factor.
(B) An aggravated sentence generally should not be given if the aggravating circumstance is a necessary element of the offense. Exceptions to this general rule are:
(1) assault and battery of a high and aggravated nature (common law);
(2) lewd act on a minor (Section 16-15-140).
(C) When determining whether a mitigated sentence is warranted, the court may consider whether any of the following factors may apply:
(1) The defendant is over sixty-five years of age.
(2) The defendant suffers from extraordinary physical impairments. This does not include drug or alcohol problems.
(3) The victim was the aggressor in the incident or induced or facilitated its commission.
(4) The defendant played a minor role or passive role in the crime.
(5) The defendant clearly demonstrates a recognition and affirmative acceptance or personal responsibility for his criminal conduct.
(6) The current offense is indicative of aberrant behavior on behalf of the defendant.
(7) The defendant participated under circumstances of coercion or duress.
(D) Aggravating and mitigating factors provided in this section are examples of factors that the court may wish to consider when determining an appropriate sentence for an offender. It is in the court's discretion to determine the existence of these or any other factors which may warrant a sentence in the aggravating or mitigating ranges.
Section 16-2-80. If the guidelines contained in this chapter are silent or vague, the sentencing judge may provide a reasonable interpretation."
SECTION 2. Section 16-1-10(D) of the 1976 Code, as last amended by Part II, Section 70B of Act 164 of 1993 is further amended to read:
"(D) The following offenses are classified as exempt under subsections (A) and (B):
12-21-2790 Interference with proper operation of video game machine
12-21-6000(B) Possessing marijuana or controlled substances without appropriate stamps
16-3-10 Murder
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
16-3-85(B)(1) Homicide by child abuse
16-3-85(B)(2) Aiding and abetting homicide by child abuse
16-3-210 Lynching
16-3-430 Killing in a duel
16-3-620 Assault with intent to kill (if sentenced for the common law offense of assault and battery of a high and aggravated nature)
16-3-910 Kidnapping (if sentenced for murder)
16-11-311(B) Burglary first degree
16-11-540 Damaging or destroying building, vehicle or other property by means of explosive incendiary, death results
16-25-65 Criminal domestic violence of a high and aggravated nature
23-36-170(c), (d) Penalty (violation of South Carolina Explosives Control Act) Third, fourth, or subsequent offenses
25-7-30 Giving information respecting national or state defense to foreign contacts during war
25-7-40 Gathering information for an enemy
44-53-370(e)(1)(a)3 Prohibited Acts A, penalties (trafficking in marijuana, 10 pounds or more, but less than 100 pounds) Third or subsequent offenses
44-53-370(e)(1)(b) Prohibited Acts A, penalties (trafficking in marijuana, 100 pounds or more of marijuana, but less than 2,000 pounds)
44-53-370(e)(1)(c) Prohibited Acts A, (trafficking in marijuana, 2000 pounds or more, but less than 10,000 pounds)
44-53-370(e)(1)(d) Prohibited Acts A, penalties (trafficking in marijuana, 10,000 pounds of marijuana or more)
44-53-370(e)(2)(a)(3) Prohibited Acts A, penalties (trafficking in cocaine, 10 grams or more, but less than 28 grams) Third or subsequent offense
44-53-370(e)(2)(b)(3) Prohibited Acts A, penalties (trafficking in cocaine, 28 grams or more, but less than 100 grams)
44-53-370(e)(2)(c) Prohibited Acts A, penalties (trafficking in cocaine, 100 grams or more, but less than 200 grams)
44-53-370(e)(2)(d) Prohibited Acts A, penalties (trafficking in cocaine, 200 grams or more, but less than 400 grams)
44-53-370(e)(2)(e) Prohibited Acts A, penalties (trafficking in cocaine, 400 grams or more)
44-53-370(e)(3)(a)(2) Prohibited Acts A, penalties (trafficking in illegal drugs, 4 grams or more, but less than 14 grams) Second or subsequent offense
44-53-370(e)(3)(b) Prohibited Acts A, penalties (trafficking in illegal drugs, 14 grams or more, but less than 28 grams)
44-53-370(e)(3)(c) Prohibited Acts A, penalties (trafficking in illegal drugs, 28 grams or more)
44-53-370(e)(4)(a)(2) Prohibited Acts A, penalties (trafficking in methaqualone, 15 grams or more, but less than 150 grams) Second or subsequent offense
44-53-370(e)(4)(b) Prohibited Acts A, penalties (trafficking in methaqualone, 150 grams but less than 1,500 grams)
44-53-370(e)(4)(c) Prohibited Acts A, penalties (trafficking in methaqualone, possession of 1,500 grams, but less than 15 kilograms of methaqualone)
44-53-370(e)(4)(d) Prohibited Acts A, penalties (trafficking in methaqualone, 15 kilograms or more)
44-53-370(e)(5)(a)(3) Prohibited Acts, penalties (trafficking in LSD, 100 dosage units or more, but less than 500 dosage units) Third or subsequent offense
44-53-370(e)(5)(b)(3) Prohibited Acts, penalties (trafficking in LSD, 500 dosage units or more, but less than 1,000 dosage units) Third or subsequent offense
44-53-370(e)(5)(c) Prohibited Acts, penalties (trafficking in LSD, 1,000 dosage units or more) 44-53-375(C)(1)(c) Trafficking in ice, crank, or crack cocaine 10 grams or more, but less than 28 grams Third or subsequent offense
44-53-375(C)(2)(c) Trafficking in ice, crank, or crack cocaine 28 grams or more, but less than 100 grams Third or subsequent offense
44-53-375(C)(3) Trafficking in ice, crank, or crack cocaine 100 grams or more, but less than 200 grams
44-53-375(C)(4) Trafficking in ice, crank, or crack cocaine 200 grams or more, but less than 400 grams
44-53-375(C) Trafficking in ice, crank, or crack cocaine 400 grams
or more
44-53-445 Distribute, sell, or manufacture, or possess with intent to distribute crack cocaine within proximity of school
56-5-2780(B)(1) Unlawfully passing a stopped school bus where great bodily injury results
56-5-2947 Child endangerment
56-15-590 Failure of a motor vehicle auction to keep required records or make them available for inspection
58-17-4090 Penalty for obstruction of railroad if death of human being results
Only criminal offenses with a possible maximum penalty of life imprisonment or death are felonies exempt from the classification system. This does not include offenses with a sentence of life imprisonment under Section 17-25-45."
SECTION 3. Section 16-1-20(B) of the 1976 Code, as last amended by Part I, Section 1 of Act 7 of 1995, is further amended to read:
"(B) For all offenders sentenced on or after July 1, 1993, the minimum term of imprisonment required by law does not apply to the offenses listed in Sections 16-1-90 and 16-1-100 unless the offense refers to a mandatory minimum sentence or the offense prohibits suspension of any part of the sentence. Offenses listed in Section 16-1-10(C) and (D) are exempt and minimum terms of imprisonment are applicable. No sentence of imprisonment precludes the timely execution of a death sentence."
SECTION 4. Section 16-1-30 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-1-30. All criminal offenses created by statute after July 1, 1993, must be provided by statute or in common law with maximum terms of imprisonment of three years or less are automatically classified according to the maximum term of imprisonment provided in the statute and pursuant to Sections 16-1-10 and 16-1-20,. All criminal offenses provided by statute or in common law with maximum terms of imprisonment of five years or more are felonies and are automatically classified according to the maximum term of imprisonment provided in the statute and pursuant to Sections 16-1-10 and 16-1-20 except offenses that are exempt from classification as provided in Section 16-1-10(D)."
SECTION 5. Section 16-3-1075(B)(1) of the 1976 Code, as added by Act 163 of 1993, is amended to read:
"(1) be imprisoned not more than fifteen twenty years; or"
SECTION 6. Section 24-3-20(B) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"(B) When the director determines that the character and attitude of a prisoner reasonably indicates that he may be trusted, 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) 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.
The department shall notify victims registered pursuant to Section 16-3-1530(c) and the trial judge, solicitor, and sheriff of the county or the law enforcement agency of the jurisdiction where the offense occurred before releasing inmates on work release. The department shall have the authority to deny release based upon opinions received from these persons, if any, as to the suitability of the release.
No A prisoner's place of confinement may not 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; committing or attempting to commit a lewd act on a child; engaging a child for sexual performance; or spousal sexual battery. No A prisoner who is serving a sentence for a 'no parole offense' as defined in Section 24-13-100 Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D), which is punishable by a maximum term of imprisonment of twenty years or more and who is otherwise eligible for work release shall have his place of confinement extended until he has served the minimum period of incarceration as set forth in Section 24-13-125."
SECTION 7. Section 24-13-125 of the 1976 Code, as added by Act 83 of 1995, is amended to read:
"Section 24-13-125. (A) Notwithstanding any other another provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, a prisoner convicted of a 'no parole offense', as defined in Section 24-13-100, Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D), which is punishable by a maximum term of imprisonment of twenty years or more 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 work release until the prisoner has served not less than eighty percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from participating in work release by another provision of law to be eligible for work release.
(B) If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold credits is solely the responsibility of officials named in this subsection.
(C) This section does not apply to prisoners confined in a local correctional facility except a prisoner confined in a local facility pursuant to a designated facility agreement."
SECTION 8. Section 24-13-150 of the 1976 Code, as added by Act 83 of 1995, is amended to read:
"Section 24-13-150. (A) Notwithstanding any other another provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, a prisoner convicted of a 'no parole offense' as defined in Section 24-13-100 crime 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 as provided in Section 24-21-560, until the prisoner has served at least eighty-five percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from participating in work release, early release, discharge, or community supervision by another provision of law to be eligible for work release, early release, discharge, or community supervision.
(B) If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold credits is solely the responsibility of officials named in this subsection.
(C) This section does not apply to prisoners confined in a local correctional facility except a prisoner confined in a local facility pursuant to a designated facility agreement."
SECTION 9. Section 24-13-210 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"Section 24-13-210. (A) A prisoner convicted of an offense against this State, except a 'no parole offense' as defined in Section 24-13-100, 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 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution 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 days for each month served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good conduct credit is computed.
(B) A prisoner convicted of a 'no parole offense' an offense against this State as defined in Section 24-13-100 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 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution 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 three days for each month served. However, no prisoner serving a sentence for life imprisonment or a mandatory minimum term of imprisonment for thirty years pursuant to Section 16-3-20 is entitled to credits under this provision. No A prisoner convicted of a 'no parole offense' is not entitled to a reduction below the minimum term of incarceration provided in Section 24-13-125 or 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 conduct credit is computed.
(C)(B) A prisoner convicted of an offense against this State and sentenced to 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 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 conduct credits must be computed.
(D)(C) If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold forfeited good conduct time is solely the responsibility of officials named in this subsection.
(E)(D) Any person who has served the term of imprisonment 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 unless the person is required to complete a community supervision program pursuant to Section 24-21-560. If the person is required to complete a community supervision program, he must complete his sentence as provided in Section 24-21-560 prior to discharge from the criminal justice system.
(F)(E) No credits earned pursuant to this section may be applied in a manner which would prevent full participation in the Department of Probation, Parole, and Pardon Services' prerelease or community supervision program as provided in Section 24-21-560."
SECTION 10. Section 24-13-230 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"Section 24-13-230. (A) The Director of the Department of Corrections may allow any prisoner in the custody of the department, except a prisoner convicted of a 'no parole offense' as defined in Section 24-13-100, 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 he is employed or enrolled. A maximum annual credit for both work credit and education credit is limited to one hundred eighty days.
(B) The Director of the Department of Corrections may allow a prisoner in the custody of the department serving a sentence for a 'no parole offense' as defined in Section 24-13-100, 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 six days for every month he is employed or enrolled. However, no prisoner serving a sentence for life imprisonment or a mandatory minimum term of imprisonment for thirty years pursuant to Section 16-3-20 is entitled to credits under this provision. No A prisoner convicted of a 'no parole offense' is not entitled to a reduction below the minimum term of incarceration provided in Section 24-13-125 or 24-13-150. A maximum annual credit for both work credit and education credit is limited to seventy-two days.
(C)(B) No credits earned pursuant to this section may be applied in a manner which would prevent full participation in the Department of Probation, Parole, and Pardon Services' prerelease or community supervision program as provided in Section 24-21-560.
(D)(C) 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. If a prisoner commits an offense or violates one of the rules of the institution during his term of imprisonment all or part of the work credit or education educational credit he has earned may be forfeited in the discretion of the official having charge of the prisoner.
(E)(D) The official in charge of a local detention or correctional facility to which persons convicted of offenses against the State are sentenced shall allow any inmate serving such a sentence in the custody of the facility who is assigned to a mandatory productive duty assignment a reduction from the term of his sentence of zero to one day for every two days so employed. The amount of credit to be earned for each duty classification must be determined by the official in charge of the local detention or correctional facility and published by him in a conspicuous place available to inmates.
(F)(E)(1) An individual is only eligible only for the educational credits provided for in this section, upon successful participation in an academic, technical, or vocational training program.
(2) The educational credit provided for in this section, is not available to any individual convicted of a violent crime as defined in Section 16-1-60.
(G)(F) The South Carolina Department of Corrections may not pay any tuition for college courses."
SECTION 11. Section 24-13-430(2) of the 1976 Code is amended to read:
"(2) Any inmate of the Department of Corrections, city or county jail, or public works of any county that participates in a riot or any other acts of violence shall be deemed guilty of a felony and, upon conviction, shall be imprisoned for not less than five years nor more than ten twenty years."
SECTION 12. Section 24-13-650 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"Section 24-13-650. No An offender committed to incarceration for a violent offense as defined in Section 16-1-60 or a 'no parole offense' as defined in Section 24-13-100 Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D), which is punishable by a maximum term of imprisonment of twenty years or more may not be released back into the community in which the offender committed the offense under the work release program, except in those cases wherein, where applicable, the victim of the crime for which the offender is charged or the relatives of the victim who have applied for notification under Section 16-3-1530 if the victim has died, the law enforcement agency which employed the arresting officer at the time of the arrest, and the circuit solicitor all agree to recommend that the offender be allowed to participate in the work release program in the community where the offense was committed. The victim or the victim's nearest living relative, the law enforcement agency, and the solicitor, as referenced above, must affirm in writing that the offender be allowed to return to the community in which the offense was committed to participate in the work release program."
SECTION 13. Section 24-13-710 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"Section 24-13-710. The Department of Corrections and the Department of Probation, Parole, and Pardon Services shall jointly develop the policies, procedures, guidelines, and cooperative agreement for the implementation of a supervised furlough program which permits carefully screened and selected inmates who have served the mandatory minimum sentence as required by law or have not committed a violent crime as defined in Section 16-1-60, a 'no parole offense' as defined in Section 24-13-100 Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of twenty years or more, the crime of criminal sexual conduct in the third degree as defined in Section 16-3-654, or the crime of committing or attempting a lewd act upon a child under the age of fourteen as defined in Section 16-15-140 to be released on furlough prior to parole eligibility and under the supervision of state probation and parole agents with the privilege of residing in an approved residence and continuing treatment, training, or employment in the community until parole eligibility or expiration of sentence, whichever is earlier. The department and the Department of Probation, Parole, and Pardon Services shall assess a fee sufficient to cover the cost of the participant's supervision and any other financial obligations incurred because of his participation in the supervised furlough program as provided by this article. The two departments shall jointly develop and approve written guidelines for the program to include, but not be limited to, the selection criteria and process, requirements for supervision, conditions for participation, and removal. The cooperative agreement between the two departments shall specify the responsibilities and authority for implementing and operating the program. Inmates approved and placed on the program must be under the supervision of agents of the Department of Probation, Parole, and Pardon Services who are responsible for ensuring the inmate's compliance with the rules, regulations, and conditions of the program as well as monitoring the inmate's employment and participation in any of the prescribed and authorized community-based correctional programs such as vocational rehabilitation, technical education, and alcohol/drug treatment. Eligibility criteria for the program include, but are not limited to, all of the following requirements:
(1) maintain a clear disciplinary record for at least six months prior to consideration for placement on the program;
(2) demonstrate to Department of Corrections' officials a general desire to become a law-abiding member of society;
(3) satisfy any other reasonable requirements imposed upon him by the Department of Corrections;
(4) have an identifiable need for and willingness to participate in authorized community-based programs and rehabilitative services;
(5) have been committed to the State Department of Corrections with a total sentence of five years or less as the first or second adult commitment for a criminal offense for which the inmate received a sentence of one year or more. The Department of Corrections shall notify victims pursuant to Section 16-3-1530(c) as well as the sheriff's office of the place to be released before releasing inmates through any supervised furlough program.
These requirements do not apply to the crimes referred to in this section."
SECTION 14. Section 24-13-720 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"Section 24-13-720. Unless sentenced to life imprisonment, an inmate under the jurisdiction or control of the Department of Corrections who has not been convicted of a violent crime under the provisions of Section 16-1-60 or a 'no parole offense' as defined in Section 24-13-100 may Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of twenty years or more, within six months of the expiration of his sentence, may be placed with the program provided for in Section 24-13-710 and is subject to every rule, regulation, and condition of the program. No inmate otherwise eligible under the provisions of this section for placement with the program may be so placed unless he has qualified under the selection criteria and process authorized by the provisions of Section 24-13-710. He must also have maintained a clear disciplinary record for at least six months prior to eligibility for placement with the program."
SECTION 15. Section 24-13-1310(1)(c) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"(c) who has not been convicted of a violent crime as defined in Section 16-1-60 or a 'no parole offense' as defined in Section 24-13-100 Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of twenty years or more;"
SECTION 16. Section 24-21-30 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"Section 24-21-30. (A) A person who commits a 'no parole offense' as defined in Section 24-13-100 crime on or after the effective date of this section is not eligible for parole consideration, but. A person who is convicted of a Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D), which is punishable by a maximum term of imprisonment of twenty years or more must complete a community supervision program as set forth in Section 24-21-560 prior to before his discharge from the sentence imposed by the court. For all offenders who are eligible for parole, 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 these 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.
(B) The board may grant parole to an offender who commits a violent crime as defined in Section 16-1-60 before January 1, 1996 by a two-thirds vote of the full board unless prohibited by Section 24-21-640. The board may grant parole to an offender who commits a crime under Section 16-11-312(B), 44-53-370(e)(1)(a)(1), 44-53-370 (e)(2)(a)(1), 44-53-370 (e)(4)(a)(1), 44-53-370(e)(5)(a)(1), or 44-53-375(C)(1)(a) before the effective date of this section by a two-thirds majority vote of the full board. which is not included as a 'no parole offense' as defined in Section 24-13-100 on or after the effective date of this section by a two-thirds majority vote of the full board. The board may grant parole to an offender convicted of an offense which is not a violent crime as defined in Section 16-1-60 committed before the effective date of this section or a 'no parole offense' as defined in Section 24-13-100 by a unanimous vote of a three-member panel or by a majority vote of the full board.
Nothing in this subsection may be construed to allow any person who commits a 'no parole offense' as defined in Section 24-13-100 crime on or after the effective date of this section to be eligible for parole."
SECTION 17. Section 24-21-560 of the 1976 Code, as added by Act 83 of 1995, is amended to read:
"Section 24-21-560. (A) Notwithstanding any other another provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, any a sentence involving incarceration for a Class A, B, or C felony or a thirty-year murder sentence under Section 16-3-20 for a 'no parole offense' as defined in Section 24-13-100 must include any a term of incarceration and completion of a community supervision program operated by the Department of Probation, Parole, and Pardon Services. No A prisoner who is serving a sentence for a 'no parole offense' is not eligible to participate in a community supervision program until he has served the minimum period of incarceration as set forth in Section 24-13-150. A sentence for a term of incarceration less than twenty years imposed in general sessions court for a crime committed on or after the effective date of this act, in the discretion of the sentencing judge, may include a requirement for completion of a community supervision program. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from early release, discharge, or work release by any other provision of law to be eligible for early release, discharge, or work release.
(B) A community supervision program operated by the Department of Probation, Parole, and Pardon Services must last no more than two continuous years. The period of time a prisoner is required to participate in a community supervision program and the individual terms and conditions of a prisoner's participation shall be at the discretion of the department based upon guidelines developed by the director. A prisoner participating in a community supervision program must be supervised by a probation agent of the department. The department must determine when a prisoner completes a community supervision program, violates a term of community supervision, fails to participate in a program satisfactorily, or whether a prisoner should appear before the court for revocation of the community supervision program.
(C) If the department determines that a prisoner has violated a term of the community supervision program and the community supervision should be revoked, a probation agent must initiate a proceeding in General sessions court. 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. The court shall determine whether:
(1) the terms of the community supervision program are fair and reasonable;
(2) the prisoner has complied with the terms of the community supervision program;
(3) the prisoner should continue in the community supervision program under the current terms;
(4) the prisoner should continue in the community supervision program under other terms and conditions as the court considers appropriate;
(5) the prisoner has wilfully violated a term of the community supervision program.
If the court determines that a prisoner has wilfully violated a term or condition of the community supervision program, the court may impose any other terms or conditions considered appropriate and may continue the prisoner on community supervision, or the court may revoke the prisoner's community supervision and impose a sentence of up to one year for violation of the community supervision program. A prisoner who is incarcerated for revocation of the community supervision program is not eligible to earn any type of credits which would reduce the sentence for violation of the community supervision program.
(D) If a prisoner's community supervision is revoked by the court and the court imposes a period of incarceration for the revocation, the prisoner also must complete a community supervision program of up to two years as determined by the department pursuant to subsection (B) when he is released from incarceration.
A prisoner who is sentenced for successive revocations of the community supervision program may be required to serve terms of incarceration for successive revocations, as provided in Section 24-21-560(C), and may be required to serve additional periods of community supervision for successive revocations, as provided in Section 24-21-560(D). The maximum aggregate amount of time the prisoner may be required to serve when sentenced for successive revocations may not exceed an amount of time equal to the length of incarceration imposed for the original 'no parole offense' offense. The original term of incarceration does not include any portion of a suspended sentence.
If a prisoner's community supervision is revoked due to a conviction for another offense, the prisoner must complete a community supervision program of up to two continuous years as determined by the department after the prisoner has completed the service of the sentence for the community supervision revocation and any other term of imprisonment which may have been imposed for the criminal offense, except when the subsequent sentence is death or life imprisonment.
(E) A prisoner who successfully completes a community supervision program pursuant to this section has satisfied his sentence and must be discharged from his sentence.
(F) The Department of Corrections must notify the Department of Probation, Parole, and Pardon Services of the projected release date of any inmate serving a sentence for a 'no parole offense' Class A, B, or C felony, a thirty-year sentence for murder under Section 16-3-20, or a sentence in which community supervision is ordered one hundred eighty days in advance of his release to community supervision. For an offender sentenced to one hundred eighty days or less, the Department of Corrections immediately must notify the Department of Probation, Parole, and Pardon Services.
(G) Victims registered pursuant to Section 16-3-1530(c) and the sheriff's office in the county where a prisoner sentenced for a 'no parole offense' Class A, B, or C felony or a thirty-year sentence for murder under Section 16-3-20, is to be released must be notified by the Department of Probation, Parole, and Pardon Services when the prisoner is released to a community supervision program."
SECTION 18. Section 24-26-10(A) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
(A) There is established the South Carolina Sentencing Guidelines Commission composed of thirteen voting members as follows:
(1) a justice of the Supreme Court, appointed by the Chief Justice of the Supreme Court;
(2) two circuit court judges, appointed by the Chief Justice of the Supreme Court;
(3) three members of the Senate to be designated by the chairman of the Senate Judiciary Committee;
(4) three members of the House designated by the chairman of the House Judiciary Committee;
(5) an attorney, experienced in the practice of criminal law, appointed by the Governor from a list of candidates submitted by the President of the South Carolina Bar;
(6) the Dean of the Law School of the University of South Carolina or his designee;
(7) the South Carolina Attorney General, or his designee, to serve ex officio;
(8) a solicitor appointed by the Chairman of the South Carolina Circuit Solicitors' Association;
(9) an attorney, experienced in the practice of criminal defense, designated by the chairman of the House Judiciary Committee from a list of candidates submitted by the President of the South Carolina Association of Criminal Defense Lawyers."
SECTION 19. Sections 2-13-66, 16-1-90, 16-1-100, 16-1-110, and 24-13-100 of the 1976 Code are repealed.
SECTION 20. If any section, paragraph, provision, or portion of this act is held to be unconstitutional or invalid by a court of competent jurisdiction, this holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declares that the provisions of this act are severable from each other.
SECTION 21. All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved. Except as otherwise provided, the provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.
SECTION 22. Sections 2, 3, 4, and the repeal of Sections 2-13-66, 16-1-90, 16-1-100, and 16-1-110 take effect upon approval by the Governor. The remainder of the act and the repeal of Section 24-13-100 take effect one year after approval by the Governor and apply to all crimes committed on and after that date./
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
The amendment was then adopted.
Rep. BAXLEY raised a Point of Order that the Bill was out of order under Rule 4.4 in that the Bill appropriated revenue and therefore must be considered by the Ways and Means Committee. He stated further that the Bill had a fiscal impact of one hundred million dollars, which would unquestionably have a significant impact on state revenue. Referring to the SPEAKER'S ruling of a May 23, 1996 Point of Order, he stated that according to the ruling, if a Bill has a substantial effect on revenue it should go to the Ways and Means Committee.
SPEAKER WILKINS stated that the Bill does not have any effect on revenue, but it does have an effect on appropriations which is why a fiscal impact statement is required. He stated that in accordance with Rule 4.4, no statewide Bill directly appropriating money shall be considered by the House until it had been referred to the Ways and Means Committee. He stated further that under the precedents and the House Rules, the Bill did not directly appropriate money and therefore overruled the Point of Order.
Reps. HARRISON and JENNINGS proposed the following Amendment No. 2 (Doc Name P:\AMEND\DKA\4817CM.98), which was adopted.
Amend the bill, as and if amended, Section 24-26-10(A), SECTION 18, page 3842-25, line 34, by striking /thirteen/ and inserting / thirteen fourteen /.
Amend title to conform.
Rep. JENNINGS explained the amendment.
The amendment was then adopted.
Rep. KIRSH spoke against the Bill.
Rep. ROBINSON spoke upon the Bill.
Rep. BAXLEY spoke against the Bill.
Rep. KIRSH moved to commit the Bill to the committee on Ways and Means.
Rep. HARRISON moved to table the motion.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barrett Beck Bowers Brown, J. Campsen Cato Chellis Clyburn Cooper Cotty Cromer Dantzler Easterday Edge Fleming Gamble Hamilton Harrell Harris Harrison Haskins Hawkins Jennings Jordan Keegan Kelley Kinon Klauber Koon Law Leach Limehouse Loftis Maddox Martin McGee McLeod McMaster Meacham Mullen Quinn Riser Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stuart Townsend Tripp Trotter Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Allison Altman Askins Bailey Barfield Battle Baxley Boan Breeland Brown, G. Brown, T. Canty Cave Cobb-Hunter Davenport Delleney Gourdine Govan Harvin Hines, J. Hines, M. Howard Inabinett Kennedy Kirsh Knotts Lee Lloyd Mack Mason McMahand Miller Moody-Lawrence Neal Neilson Pinckney Rhoad Rice Robinson Scott Sheheen Smith, F. Smith, J. Stille Stoddard Vaughn Walker Webb Whipper Wilkes
So, the motion to commit was tabled.
Rep. BAXLEY proposed the following Amendment No. 3, which was tabled.
Amend the bill by adding an appropriately numbered:
SECTION _____. The Advisory Sentencing Guidelines contained in Section 1 of this act must be pilot tested in the 2nd, 6th, and 13th Judicial Circuits one year after approval by the governor. The Sentencing Guidelines Commission shall monitor the pilot circuits and shall submit a written report concerning the application of these guidelines six months after the implementation of the pilot program.
Approval by the Governor. Except as provided in Section 21, Section 1 takes effect two years after approval by the Governor. The remainder of the act and the repeal of Section 24-13-100 take effect one year after approval by the Governor and apply to all crimes committed on and after that date./
Amend sections to conform.
Rep. BAXLEY explained the amendment.
Rep. HARRISON spoke against the amendment.
Rep. BAXLEY spoke in favor of the amendment.
Rep. HARRISON moved to table the amendment.
Rep. BAXLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Barfield Barrett Battle Beck Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Delleney Easterday Edge Fleming Gamble Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Jennings Jordan Keegan Kelley Klauber Knotts Koon Lanford Law Leach Limehouse Loftis Maddox Martin McCraw McGee McLeod McMaster Meacham Mullen Phillips Quinn Rice Riser Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, F. Smith, R. Spearman Stuart Tripp Trotter Vaughn Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Altman Baxley Bowers Breeland Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Davenport Gourdine Govan Hines, J. Hines, M. Howard Inabinett Kirsh Lee Littlejohn Lloyd Mack Mason McMahand Miller Moody-Lawrence Neal Neilson Pinckney Rhoad Robinson Scott Sheheen Smith, J. Stille Stoddard Walker Whipper Wilkes
So, the amendment was tabled.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Beck Boan Brown, H. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Delleney Easterday Edge Fleming Gamble Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Jennings Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Leach Limehouse Littlejohn Loftis Maddox Martin McCraw McGee McLeod McMaster Meacham Mullen Neilson Quinn Rhoad Rice Riser Rodgers Sandifer Seithel Sharpe Simrill Smith, J. Smith, R. Spearman Stille Stoddard Stuart Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
Baxley Bowers Breeland Brown, G. Brown, J. Byrd Canty Cave Davenport Gourdine Hines, M. Howard Inabinett Lee Lloyd Mack McMahand Miller Moody-Lawrence Neal Pinckney Scott Sheheen Smith, F. Whipper Wilkes
So, the Bill, as amended, was read the second time and ordered to third reading.
I was out of the Chamber when the vote was taken on H. 3842, sentencing guidelines. Had I been in the Chamber I would have voted against the Bill.
Rep. GILDA COBB-HUNTER
Rep. CATO moved that the House recur to the morning hour, which was agreed to.
Rep. PINCKNEY, from the Jasper County Delegation, submitted a favorable report, on:
S. 964 -- Senator Washington: A BILL TO AMEND ACT 278 OF 1985, RELATING TO THE JASPER COUNTY BOARD OF EDUCATION, SO AS TO ESTABLISH SINGLE MEMBER DISTRICTS AND TO PROVIDE FOR ELECTIONS.
On motion of Rep. PINCKNEY, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 964 -- Senator Washington: A BILL TO AMEND ACT 278 OF 1985, RELATING TO THE JASPER COUNTY BOARD OF EDUCATION, SO AS TO ESTABLISH SINGLE MEMBER DISTRICTS AND TO PROVIDE FOR ELECTIONS.
The Bill was read the second time and ordered to third reading.
The following was introduced:
H. 4730 -- Rep. G. Brown: A CONCURRENT RESOLUTION CONGRATULATING JOHN FRANKLIN, JR., OF LEE COUNTY ON HIS EIGHTY-FIRST BIRTHDAY, AND EXTENDING HIM BEST WISHES FOR MANY HAPPY RETURNS OF THE DAY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4731 -- Rep. Wilkins: A CONCURRENT RESOLUTION TO EXTEND A WARM WELCOME AND OUR BEST WISHES FOR A SUCCESSFUL VISIT TO OUR FRIENDS FROM FRANCE PARTICIPATING IN THE STUDENT EXCHANGE PROGRAM WITH J. L. MANN HIGH SCHOOL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4732 -- Rep. Battle: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE REVEREND C. R. JOHNSON OF MARION COUNTY AND THE CONGREGATION OF THE FIRST FRIENDSHIP BAPTIST CHURCH FOR THEIR OUTSTANDING OUTREACH PROGRAM AND THE MANY CONTRIBUTIONS THEY HAVE MADE TO THE QUALITY OF LIFE OF THE RESIDENTS OF NICHOLS, SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4733 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING HAL HUNT JONES OF GREENVILLE COUNTY ON BEING CHOSEN TO RECEIVE THE 1998 FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4734 -- Reps. Robinson and D. Smith: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING SECTION 1A AND AMENDING SECTIONS 6 AND 8, SO AS TO PROVIDE THAT PROPERTY TAX MUST BE LEVIED SEPARATELY ON ANY CLASSIFICATION OF PERSONAL PROPERTY CREATED TO INCLUDE A PORTION OF THE "ALL OTHER PERSONAL PROPERTY" CLASSIFICATION BUT SUBJECT TO AN ASSESSMENT RATIO OF LESS THAN TEN AND ONE-HALF PERCENT AND TO PROVIDE THAT THE MILLAGE RATE IMPOSED ON THIS NEW CLASS MAY NOT EXCEED THE RATE IMPOSED FOR 1998 EXCEPT UPON REFERENDUM APPROVAL OR BY A POSITIVE MAJORITY VOTE OF THE GOVERNING BODY, AND TO DEFINE "POSITIVE MAJORITY", AND TO CREATE A NEW PROPERTY TAX CLASSIFICATION CONSISTING OF PERSONAL PROPERTY NOT USED IN A TRADE OR BUSINESS WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY EXCLUDING AIRCRAFT AND UNITS OF MANUFACTURED HOUSING AND PROVIDING AN ASSESSMENT RATIO FOR THIS NEW CLASS EQUAL TO EIGHT AND NINE-TENTHS PERCENT OF FAIR MARKET VALUE DECLINING OVER FOUR YEARS TO A PERMANENT RATE OF FOUR PERCENT AND TO PROVIDE EFFECTIVE DATES AND MAKE A CONFORMING AMENDMENT.
Referred to Committee on Ways and Means.
H. 4735 -- Reps. Boan and Walker: A BILL TO AMEND SECTION 1-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE A PORTION OF THE BOUNDARIES BETWEEN NORTH CAROLINA AND SOUTH CAROLINA.
Referred to Committee on Judiciary.
H. 4736 -- Reps. A. Harris, Neilson, Jennings and Baxley: A BILL TO PROVIDE FOR THE PER DIEM AND MILEAGE FOR MEMBERS OF THE BOARD OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT AND TO REPEAL ACT 235 OF 1981, RELATING TO PER DIEM AND MILEAGE FOR MEMBERS OF THE BOARD OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT.
On motion of Rep. HARRIS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4737 -- Reps. Bailey and Walker: A BILL TO AMEND SECTION 40-57-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE BROKERS, SALESMEN, AND PROPERTY MANAGERS AND THE EDUCATIONAL REQUIREMENTS WHICH ARE CONDITIONAL TO AN APPLICATION FOR LICENSURE, SO AS TO PROVIDE THAT FOR A SALESMAN'S LICENSE THE APPLICANT FOR LICENSURE MUST COMPLETE SIXTY, RATHER THAN THIRTY, HOURS OF CLASSROOM INSTRUCTION IN FUNDAMENTALS OF REAL ESTATE PRINCIPLES AND PRACTICES ON EVIDENCE, AND TO PROVIDE THAT FOR A BROKER'S LICENSE, THE APPLICANT FOR LICENSURE MUST COMPLETE ONE HUNDRED FIFTY, RATHER THAN ONE HUNDRED TWENTY, HOURS OF CERTAIN CLASSROOM INSTRUCTION, NINETY, RATHER THAN SIXTY, HOURS OF WHICH MAY BE THE HOURS REQUIRED FOR A SALESMAN'S LICENSE.
Referred to Committee on Labor, Commerce and Industry.
H. 4738 -- Reps. Barrett, Townsend, Quinn, Koon, Hinson, Chellis, McMaster, H. Brown, Woodrum, McKay, Meacham, Cotty, R. Smith, Sharpe, Rodgers, Bailey, Mason, Allison, Cato, Tripp, Stoddard, Lanford, Sandifer, Robinson, Law, Stuart, Webb, Trotter, Cooper, Dantzler, Rice, Knotts, Stille, Loftis, Boan, Mullen, Leach, Battle, Witherspoon, Riser, Hamilton, McCraw, Spearman, Walker, Limehouse, Young-Brickell, Littlejohn, Keegan, Harrell, Simrill, Miller, Jordan, Phillips, Martin, Kirsh, Barfield, Edge and Bauer: A BILL TO AMEND SECTION 15-36-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTORNEY'S FEES AND COSTS OF FRIVOLOUS SUITS, SO AS TO FURTHER PROVIDE FOR LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS SUITS; TO AMEND SECTION 15-36-20, RELATING TO FINDINGS OF A PROPER PURPOSE FOR ACTION, SO AS TO PROVIDE WHEN A PROPER PURPOSE MAY NOT BE FOUND; TO AMEND SECTION 15-36-40, RELATING TO AN AGGRIEVED PERSON'S BURDEN OF PROOF AFTER A FRIVOLOUS SUIT, SO AS TO PROVIDE WHEN THE BURDEN OF PROOF HAS BEEN MET; AND TO AMEND SECTION 15-37-20, RELATING TO COSTS ALLOWED TO A SUCCESSFUL PARTY, SO AS TO PROVIDE THAT ANY PERSON BRINGING OR DEFENDING A CIVIL ACTION IN THE COURT OF COMMON PLEAS MUST PAY THE ATTORNEY'S FEES AND COSTS OF THE PREVAILING PARTY.
Referred to Committee on Judiciary.
Rep. J. BROWN moved that the House do now adjourn, which was adopted.
At 11:50 A.M. the House in accordance with the motion of Rep. BAILEY adjourned in memory of Catherine S. Murray of St. George, to meet at 10:00 A.M. tomorrow.
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