Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, continuing yesterday's thinking from the First Epistle of St. Peter (3:10ff), who lived under pressure in the first century of the Christian Era:
"For those who desire life and desire to see good days, let them keep their tongues from evil, and their lips from speaking deceit; let them turn from evil and do good; let them seek peace and pursue it. For the eyes of the Lord are on the righteous, and His ears are open to their prayer...!"
Let us pray.
Father, history tells us that even the pagans confessed: "HOW THOSE CHRISTIANS LOVE." Help us to follow in their train!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator RICHARDSON introduced Dr. Ozell Mikell of Hilton Head Island, S.C., Doctor of the Day.
On motion of Senator LAND, at 11:10 A.M., Senator SALEEBY was granted a leave of absence for today.
Senator DRUMMOND rose for an Expression of Personal Interest.
Senator GIESE rose for an Expression of Personal Interest.
Senator ELLIOTT rose for an Expression of Personal Interest.
S. 261 (Word version) -- Senators Reese, Verdin, Bauer and Grooms: A BILL TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO MAKE TECHNICAL CHANGES, PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A MARRIED STUDENT RESIDING IN AN APARTMENT PROVIDED BY A PUBLIC OR PRIVATE SCHOOL WHO IS AUTHORIZED TO CARRY A WEAPON PURSUANT TO THE PROVISIONS RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, AND REVISE THE DEFINITION OF THE TERMS "PREMISES" AND "PROPERTY"; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO THE CARRYING OF WEAPONS ON SCHOOL PROPERTY, SO AS TO PROVIDE A DEFINITION FOR THE TERM "PROPERTY"; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF A BUSINESS SELLING ALCOHOLIC LIQUORS, BEER, OR WINE FOR ON-PREMISES CONSUMPTION, SO AS TO REVISE THE PARTICULARS OF THIS OFFENSE; TO AMEND SECTION 23-31-210, RELATING TO DEFINITIONS CONTAINED IN THE LAW-ABIDING CITIZEN'S SELF-DEFENSE ACT OF 1996, SO AS TO REVISE THE DEFINITION OF THE TERM "RESIDENT"; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO REDUCE THE NUMBER OF PHOTOGRAPHS OF AN APPLICANT THAT MUST BE SUBMITTED WITH AN INITIAL AND A RENEWAL APPLICATION FOR A CONCEALABLE WEAPON PERMIT, TO REVISE THE RESIDENCY REQUIREMENT CONTAINED IN THE CONCEALABLE WEAPON PERMIT APPLICATION FORM, TO DELETE THE PROHIBITION AGAINST AUTHORIZING A CONCEALABLE WEAPON PERMIT HOLDER TO CARRY A CONCEALABLE WEAPON INTO A CHURCH OR OTHER RELIGIOUS SANCTUARY, AND PROVIDE THAT ONCE A CONCEALED WEAPON PERMIT HOLDER IS NO LONGER A RESIDENT OF THIS STATE, HIS CONCEALED WEAPON PERMIT MUST BE REVOKED AUTOMATICALLY BY SLED; TO AMEND SECTION
On motion of Senator GROOMS, with unanimous consent, the name of Senator GROOMS was removed as a co-sponsor of S. 261.
The following were introduced:
S. 1020 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 38-74-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO MODIFY THE DEFINITIONS OF "HEALTH INSURANCE" AND "INDIVIDUAL MARKET"; TO AMEND SECTION 38-74-30, RELATING TO HEALTH INSURANCE POOL COVERAGE ELIGIBILITY, SO AS TO EXTEND MEDICARE SUPPLEMENT HEALTH INSURANCE COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE; TO AMEND SECTION 38-74-60, RELATING TO MAJOR MEDICAL EXPENSE COVERAGE, SO AS TO EXTEND COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE AND TO PROVIDE FOR THE TYPES OF BENEFIT PLANS TO BE OFFERED TO THESE INDIVIDUALS AND THE METHOD FOR ESTABLISHING PREMIUM RATES FOR THE COVERAGE; AND TO AMEND SECTION 38-74-80, RELATING TO TAX EXEMPTIONS AND CREDITS, SO AS TO PROVIDE THAT, IF THE TOTAL ASSESSMENT FOR ALL MEMBERS OF THE POOL EXCEEDS TEN MILLION DOLLARS IN ANY ONE YEAR, THE
Read the first time and referred to the Committee on Banking and Insurance.
S. 1021 (Word version) -- Senators O'Dell, Verdin, Peeler, J. Verne Smith, Kuhn, Reese, Elliott, Leatherman, Ford, McGill, Anderson, Moore, Hutto, Ritchie, Rankin, Setzler, Mescher, Hayes, Giese, Ravenel, Branton, McConnell, Richardson, Waldrep, Fair, Glover, Short, Alexander, Matthews, Pinckney, Hawkins and Martin: A BILL TO AMEND SECTIONS 59-121-310, 59-121-350, AND 59-121-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CITADEL ATHLETIC FACILITIES BONDS AND THE REVENUE WHICH THE CITADEL MAY PLEDGE AS SECURITY FOR THESE BONDS, SO AS TO CLARIFY THAT THE CITADEL MAY PLEDGE THE PROCEEDS OF THE ADMISSIONS FEES AND THE SPECIAL STUDENT FEES AS SECURITY FOR THESE BONDS WITHOUT PLEDGING THE REVENUE DERIVED FROM THE OPERATION OF THE ATHLETIC DEPARTMENT, AND TO MAKE TECHNICAL CORRECTIONS.
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Read the first time and referred to the Committee on Finance.
S. 1022 (Word version) -- Senators Bauer and Hayes: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM INDIVIDUAL TAXABLE INCOME, SO AS TO ALLOW RESERVE POLICE OFFICERS THE SAME DEDUCTION AS ALLOWED FOR VOLUNTEER FIREFIGHTERS AND RESCUE SQUAD MEMBERS.
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Read the first time and referred to the Committee on Finance.
S. 1023 (Word version) -- Senators Bauer, Giese, Mescher, Ravenel, Hayes, Ryberg, Fair, O'Dell, Gregory, Grooms, Kuhn, Martin and Branton: A BILL TO AMEND SECTION 17-5-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CERTIFICATION OF THE
Read the first time and referred to the Committee on Judiciary.
S. 1024 (Word version) -- Senators Mescher, Giese and Grooms: A CONCURRENT RESOLUTION TO EXPRESS THE COMMITMENT OF THE PEOPLE OF SOUTH CAROLINA TO POSITIVE CHARACTER TRAITS IN ALL ENDEAVORS AND TO DECLARE SOUTH CAROLINA TO BE A "STATE OF CHARACTER" IN ORDER TO FORMALLY LAUNCH A STATEWIDE INITIATIVE TO ENCOURAGE CHARACTER IN OUR SCHOOLS, BUSINESSES, FAITHS, GOVERNMENT, LAW ENFORCEMENT, MEDIA, COMMUNITY GROUPS, AND FAMILIES.
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The Concurrent Resolution was adopted, ordered sent to the House.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
S. 237 (Word version) -- Senator Leatherman: A BILL TO AMEND TITLE 40, CHAPTER 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL BUILDERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO PROVIDE CITATION PENALTIES, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
S. 631 (Word version) -- Senator Ritchie: A BILL TO AMEND SECTION 31-18-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED SIGNS NOTIFYING THE GENERAL PUBLIC OF SHOOTING RANGE NOISE AREAS, SO AS TO PROVIDE THAT A COUNTY MAY, UPON WRITTEN REQUEST OF AT LEAST ONE RESIDENT PROPERTY OWNER WHOSE RESIDENCE IS LOCATED WITHIN ONE MILE OF THE SHOOTING RANGE, DISPLAY THESE SIGNS AT A ONE-MILE RADIUS OF THE SHOOTING RANGE ON ALL PRIMARY HIGHWAYS, AND TO PROVIDE THAT SIGNS PREVIOUSLY REQUIRED TO BE POSTED MAY REMAIN AT THE OPTION OF THE COUNTY.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
S. 668 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTION 41-27-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, BY ADDING PARAGRAPHS TO SPECIFICALLY NAME NATIVE AMERICAN TRIBES AND TO AUTOMATICALLY COVER EMPLOYING UNITS LIABLE UNDER THE FEDERAL UNEMPLOYMENT TAX ACT; TO AMEND CHAPTER 27, TITLE 4, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, BY ADDING SECTION 41-27-235 TO PROVIDE NATIVE AMERICAN TRIBES THE OPTION OF ELECTION AS A REIMBURSABLE EMPLOYER; TO AMEND SECTION 41-27-260, RELATING TO EXEMPTED EMPLOYMENT, TO CLARIFY THAT AN APPOINTED SUCCESSOR OF AN ELECTED OFFICIAL IS CONSIDERED THE SAME AS AN ELECTED OFFICIAL AND TO ADD AN EXEMPTED EMPLOYMENT DEFINITION PERTAINING TO NATIVE AMERICANS; TO AMEND SECTION 41-31-40, RELATING TO RATE COMPUTATION PERIODS, TO REDUCE THE INITIAL TWENTY-FOUR MONTH RATING
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
S. 823 (Word version) -- Senators Leventis, Richardson, Hayes, Waldrep, Elliott and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 45-2-90 SO AS TO REQUIRE THAT AN INNKEEPER CONSPICUOUSLY POST TELEPHONE, E-MAIL, ON-LINE, AND FAX RATES CHARGED IN ITS LODGING ESTABLISHMENT.
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 965 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-175 SO AS TO ESTABLISH THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "SPECIAL PURPOSES CAPTIVE INSURANCE COMPANY"; TO AMEND SECTION 38-90-20, RELATING TO THE LICENSING OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MAY ONLY INSURE THE RISKS OF ITS PARENT; TO AMEND
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:
S. 982 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 34-29-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER FINANCE LAW AND INSURANCE ON SECURITY AND BORROWER, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-5-30, AS AMENDED, RELATING TO THE KINDS OF INSURANCE FOR WHICH INSURERS MAY BE LICENSED, SO AS TO EXCLUDE TITLE INSURANCE FROM BEING CONSIDERED MULTIPLE LINES INSURANCE; TO AMEND
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
H. 3447 (Word version) -- Reps. Cato, Cobb-Hunter, Jennings, Bales, Barfield, Barrett, Battle, G. Brown, J. Brown, Carnell, Davenport, Delleney, Edge, Harrison, Hayes, Hinson, Howard, Kelley, Knotts, Lee, Limehouse, Littlejohn, Lourie, McCraw, Meacham-Richardson, J.H. Neal, Rutherford, Sandifer, Scott, F.N. Smith, J.E. Smith, Talley, Taylor, Walker, Webb, Whatley, Whipper, Wilkins, White, Miller and Simrill: A BILL TO AMEND CHAPTER 63, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF SOCIAL WORKERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO REVISE SOCIAL WORK LICENSURE CLASSIFICATIONS AND THEIR RESPECTIVE AREAS AND SCOPE OF PRACTICE; TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF SOCIAL WORKERS; AND TO PROVIDE A ONE-YEAR PERIOD WITHIN WHICH TO CONVERT A CURRENT LICENSE TO A LICENSE WITHIN THE REVISED CLASSIFICATIONS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
H. 3510 (Word version) -- Reps. McLeod, Davenport, Lourie and Scott: A BILL TO AMEND CHAPTER 23, TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENVIRONMENTAL SYSTEMS OPERATORS; AND AMONG OTHER THINGS, TO EXPAND THE NUMBER OF WELL DRILLER LICENSE TYPES AND TO ORGANIZE THESE
Ordered for consideration tomorrow.
H. 3933 (Word version) -- Reps. Townsend, Knotts, Whatley, Delleney, Fleming, J. Hines, Martin, Meacham-Richardson, Ott, Rice, Riser, Stille, Stuart, Wilkins, A. Young and Cotty: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, SO AS TO REVISE THE PERIOD A PERSON WHO HOLDS A BEGINNER'S PERMIT MAY OPERATE A VEHICLE DURING A DAY AND BEFORE HE IS ELIGIBLE FOR FULL LICENSURE, TO REVISE WHO MUST ACCOMPANY THE PERMITTEE WHILE HE IS DRIVING, TO MAKE CERTAIN TECHNICAL CHANGES, AND TO DELETE THE PROVISION
The House returned the Bill with amendments.
Senator RYBERG explained the House amendments.
On motion of Senator RYBERG, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolution were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 4649 (Word version) -- Reps. Taylor and Wilder: A BILL TO PROVIDE A METHOD FOR FILLING VACANCIES ON THE BOARDS OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56 AND PROVIDE THAT A SPECIAL ELECTION IS NOT REQUIRED TO BE CONDUCTED IF ONLY ONE CANDIDATE OFFERS FOR OFFICE TO EITHER ONE OF THESE TWO SCHOOL DISTRICTS WHEN A VACANCY IN THE OFFICE OCCURS AND THE TIME FOR FILING FOR THE OFFICE HAS CLOSED AND HE HAS BEEN CERTIFIED; AND TO REPEAL ACT 292 OF 1989, RELATING TO FILLING VACANCIES ON BOARDS OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56.
By prior motion of Senator VERDIN
H. 3633 (Word version) -- Reps. D.C. Smith and J.R. Smith: A BILL TO AMEND SECTION 5-7-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF DELINQUENT TAXES BY A MUNICIPALITY, SO AS TO PROVIDE THAT A DELINQUENT TAX SALE TO COLLECT MUNICIPAL TAXES AND HELD IN CONJUNCTION WITH A DELINQUENT TAX SALE TO COLLECT COUNTY TAXES MAY TAKE PLACE AT THE PUBLIC PLACE IN THE COUNTY THAT IS DESIGNATED BY THE COUNTY, INSTEAD OF BEING REQUIRED TO TAKE PLACE IN THE MUNICIPALITY.
By prior motion of Senator MOORE, with unanimous consent
H. 4661 (Word version) -- Rep. Cato: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON OCTOBER 29, 30, AND 31,
By prior motion of Senator J. VERNE SMITH, with unanimous consent.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 933 (Word version) -- Senators Ravenel, McConnell and Grooms: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS BEGINNING IN 2002 AND FOR THE NOMINATION, TERMS, AND ELECTION PROCEDURES OF CANDIDATES FOR THESE OFFICES.
Senator RAVENEL asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator RAVENEL, with unanimous consent, the Bill was read the third time and ordered sent to the House.
Senators FORD and PINCKNEY desired to be recorded as voting against the third reading of the Bill.
S. 1008 (Word version) -- Senators Richardson and Pinckney: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND RECOMMENDATIONS FOR APPOINTMENTS FOR BOARDS AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING BEAUFORT COUNTY TO THE GOVERNING BODY OF BEAUFORT COUNTY AND TO PROVIDE EXCEPTIONS.
By prior motion of Senator RICHARDSON
S. 894 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-544 SO AS TO PROVIDE THAT A PERSON WHO HUNTS WILD TURKEYS IS REQUIRED TO POSSESS A SET OF WILD TURKEY TRANSPORTATION TAGS ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES; TO AMEND SECTION 50-11-500, AS AMENDED, RELATING TO WILD TURKEY, SO AS TO DELETE CERTAIN OBSOLETE PROVISIONS AND PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE OR ATTEMPT TO TAKE A WILD TURKEY WITH A RIFLE, PISTOL, BUCKSHOT, OR SHOTGUN SLUG; TO AMEND SECTION 50-11-530, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REGULATE WILD TURKEY HUNTING, SO AS TO DELETE THE BAG LIMIT FOR TURKEYS IN GAME ZONES 6 AND 11; TO AMEND SECTION 50-11-540, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING RULES APPLICABLE TO WILD TURKEY HUNTING, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO FORFEITURE, TO PROVIDE FOR RESTITUTION TO THE DEPARTMENT FOR WILD TURKEYS TAKEN UNLAWFULLY AND FOR FORFEITURE OF HUNTING AND FISHING LICENSES FOR PERSONS CONVICTED OF TAKING A WILD TURKEY ILLEGALLY; AND TO AMEND SECTION 50-11-560, AS AMENDED, RELATING TO OPEN SEASON FOR MALE WILD TURKEY IN GAME ZONES 6 AND 11 SO AS TO PROVIDE THAT MALE WILD TURKEY MAY BE HUNTED FROM MARCH FIFTEENTH TO MAY FIRST IN GAME ZONES 6 AND 11, AND IN ALL OTHER GAME ZONES AS PROMULGATED AND PUBLISHED BY THE DEPARTMENT.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator MOORE, with unanimous consent, the Bill was read the third time and ordered sent to the House.
S. 852 (Word version) -- Senators Leatherman, Martin and Giese: A BILL TO AMEND SECTION 12-44-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR
S. 892 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND SECTION 59-125-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY AND THE MANNER IN WHICH THESE TRUSTEES ARE ELECTED OR APPOINTED SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE ELECTED TRUSTEES SHALL BE SELECTED AND TO GIVE EACH SEAT ON THE BOARD A NUMERICAL DESIGNATION.
S. 1003 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREA REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2618, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 902 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED.
By prior motion of Senator RICHARDSON, with unanimous consent
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
H. 3163 (Word version) -- Reps. Wilkins, Jennings, Campsen, Wilder, Whatley, Coates, Cobb-Hunter, Owens, Altman, Lourie, McLeod, Bowers, Robinson, Simrill, J.E. Smith, Harrell and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3535, SO AS TO ENACT THE "SOUTH CAROLINA HISTORIC REHABILITATION INCENTIVES ACT" WHICH PROVIDES AN INCOME TAX CREDIT FOR EXPENDITURES TO REHABILITATE HISTORIC STRUCTURES, WHICH PROVIDES FOR THE CARRY FORWARD OF UNUSED CREDIT, AND WHICH AUTHORIZES THE DEPARTMENT OF ARCHIVES AND HISTORY AND THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION.
Senator GIESE spoke on the Bill.
The following Bills, having been read the second time, were ordered placed on the third reading Calendar:
S. 987 (Word version) -- Senator Reese: A BILL TO AUTHORIZE THE COMMISSION OF PUBLIC WORKS FOR THE CITY OF SPARTANBURG TO ESTABLISH A SAFETY AND SECURITY DEPARTMENT AND EMPLOY LAKE WARDENS WHO MUST BE COMMISSIONED AS CONSTABLES; TO ESTABLISH THE QUALIFICATIONS FOR EMPLOYMENT AS A LAKE WARDEN; TO PROVIDE FOR THE POWERS, DUTIES, AND JURISDICTION OF LAKE WARDENS; TO REQUIRE THE POSTING OF A BOND AS A PREREQUISITE TO EMPLOYMENT; TO EXEMPT LAKE WARDENS FROM CERTAIN REPORTING REQUIREMENTS OF CONSTABLES; TO AUTHORIZE THE USE OF EMERGENCY VEHICLES BY LAKE WARDENS; AND TO PROVIDE PENALTIES FOR FALSELY REPRESENTING OR CONDUCTING ONESELF AS A LAKE WARDEN.
On motion of Senator REESE, S. 987 was ordered to receive a third reading on Friday, February 15, 2002.
H. 3806 (Word version) -- Rep. Hayes: A BILL TO AMEND SECTION 7-7-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DILLON COUNTY VOTING PRECINCTS, SO AS TO
Senator GLOVER explained the Bill.
H. 4475 (Word version) -- Reps. Harrison, Lucas, Allison, Jennings, Lourie, Rodgers, J.E. Smith and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-210 SO AS TO REQUIRE ALL STATE BOARDS AND COMMISSIONS TO PROVIDE PROMPT WRITTEN NOTIFICATION OF ALL MEMBERSHIP CHANGES TO THE SECRETARY OF STATE AND TO REQUIRE THE SECRETARY OF STATE TO MAINTAIN FOR PUBLIC INSPECTION A RECORD OF THE CURRENT MEMBERSHIP OF EVERY STATE BOARD AND COMMISSION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD4475.002), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND CHAPTER 1, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING ARTICLE 20, SO AS TO REQUIRE BOARDS AND COMMISSIONS TO REPORT RESIGNATIONS AND VACANCIES AS WELL AS THE NAMES OF NEW MEMBERS TO THE SECRETARY OF STATE WITHIN TWO WEEKS OF THE APPOINTMENT, ELECTION, OR VACANCY; AND TO AMEND SECTION 1-5-40, RELATING TO THE DUTIES OF THE SECRETARY OF STATE, SO AS TO REQUIRE THE SECRETARY OF STATE TO MAINTAIN AS A PUBLIC RECORD THE INFORMATION RECEIVED FROM STATE BOARDS AND COMMISSIONS CONCERNING THEIR MEMBERSHIPS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 1 of the 1976 Code, is amended by adding:
Reporting and Records of
State Boards and Commissions Membership
Section 1-1-1310. Each state board and commission must send written notification to the Secretary of State's Office of any appointment, election, resignation, or vacancy in the membership of its board or commission. The notification must be sent within two weeks of the appointment, election, resignation, or vacancy and must include:
(1) the governing statute or Executive Order authorizing the appointment or election;
(2) the board or commission's address, phone number, fax number, and e-mail address, if any;
(3) the member's name;
(4) the member's district, circuit, seat, or position, if applicable;
(5) when the member's term begins and ends;
(6) the qualifications for membership on the board or commission and any specific requirements for the member's position;
(7) whether the member is eligible to receive compensation for his service;
(8) the name of the former member; and
(9) in the case of an appointment or election, whether it is a reappointment or reelection of an incumbent."
SECTION 2. Section 1-5-40 of the 1976 Code, is amended to read:
"Section 1-5-40. (A) The office of Secretary of State is designated as the state office whose responsibility it is to monitor positions on the state boards and commissions specified in this subsection and any elected or appointed state boards and commissions established after the effective date of this section. The dates of the term terms of office for appointments to boards and commissions made with the advice and consent of the Senate shall be are the dates as certified to the Secretary of State by the Senate. The dates of the terms of office for all other elected or appointed boards and commissions shall be are the date dates certified to the Secretary of State by the Governor for his direct appointments and the dates for the terms of office for members of boards and commissions elected by the General Assembly shall be the dates as certified to the Secretary of State by the clerks of the two
(1) Accountancy, Board of
(2) Aging, Division on Advisory Council
(3) Agriculture Commission
(4) Architectural Examiners, State Board of
(5) Arts Commission
(6) Athletic Commission
(7) Auctioneer's Commission
(8) Barrier-Free Design, Board for
(9) Blind, Commission for the
(10) Builders Commission, Residential
(11) Building Code Council
(12) College of Charleston Board of Trustees
(13) Children's Trust Fund Board of Trustees
(14) Children, Foster Care Review Board
(15) Chiropractic Examiners, State Board of
(16) The Citadel Board of Visitors
(17) Clemson University Board of Trustees
(18) Coastal Carolina University Board of Trustees
(19) Consumer Affairs, Commission on
(20) Contractors' Licensing Board
(21) Cosmetology, State Board of
(22) Professional Counselors, Associate Counselors and Marital and Family Therapists, State Board of Examiners
(23) Deaf and Blind, School for the
(24) Dentistry Board
(25) Disabilities and Special Needs Commission
(26) Education, State Board of
(27) Education Board, Southern Regional
(28) Education Council
(29) Educational Television Commission
(30) Election Commission
(31) Employment Security Commission
(32) Registration for Professional Engineers and Land Surveyors
(33) Environmental Certification Board
(34) Ethics Commission
(35) Financial Institutions, Board of
(36) Fisheries Commission, Atlantic States Marine
(37) Office of General Services, State Fleet Management
(38) Forestry Commission
(39) Francis Marion University Board of Trustees
(40) Funeral Service Board
(41) Geologists, Board of Registration for
(42) Governor's Mansion and Lace House Commission
(43) DHEC
(a) Board of Health and Environmental Control
(b) Office of Ocean and Coastal Resource Management Board
(44) Higher Education Commission
(45) Holocaust, Council on the
(46) Housing, Finance and Development Authority
(47) Human Affairs Commission
(48) Indigent Defense, Commission on
(49) Intergovernmental Relations, Advisory Commission on
(50) Jobs and Economic Development Authority
(51) John de la Howe School
(52) Judicial Merit Selection Commission
(53) Juvenile Justice, Dept. of, Board of Juvenile Parole
(54) Lander University Board of Trustees
(55) Law Examiners Board
(56) Legislative Audit Council
(57) Library Board
(58) Liquefied Petroleum Gas Board
(59) Long Term Health Care Administrators, Board of
(60) Manufactured Housing Board
(61) Maternal, Infant and Child Health, Council on
(62) Medical Examiners, Board of
(63) Medical University of South Carolina Board of Trustees
(64) Mental Health, State Department of, Commission
(65) Migrant Farm Workers Commission
(66) Mining Council
(67) Minority Affairs, Commission for
(68) Museum Commission
(69) Natural Resources, Department of
(a) Natural Resources Board
(b) Heritage Trust Advisory Board
(70) Nuclear Advisory Council
(71) Nursing, Board of
(72) Occupational Health and Safety Review Board
(73) Occupational Therapy, Board of
(74) Old Exchange Building Commission
(75) Opportunity School, Wil Lou Gray Board of Trustees
(76) Opticianry, Board of Examiners in
(77) Optometry, Board of Examiners in
(78) Patriots Point Development Authority
(79) Pharmacy, Board of
(80) Physical Therapy Examiners, State Board of
(81) Podiatry Examiners, Board of
(82) Ports Authority Board
(83) Prisoner of War Commission
(84) Probation, Parole and Pardon Services, Board of
(85) Prosecution Coordination, Commission on
(86) Psychology, Board of Examiners in
(87) Public Service Authority, Board of Directors
(88) Public Service Commission
(89) Pyrotechnic Safety, Board of
(90) Radiation Control Technical Advisory Council
(91) Real Estate Commission
(92) Real Estate Appraisers Board
(93) Reorganization Commission
(94) Salary, Executive and Performance Evaluation Commission
(95) Social Work Examiners, Board of
(96) South Carolina State University Board of Trustees
(97) Speech-Language Pathology and Audiology, Board of Examiners
(98) Tax Board of Review
(99) Technical and Comprehensive Education, Board for
(100) Transportation Department Commission
(101) University of South Carolina Board of Trustees
(102) Veterinary Medical Examiners, Board of
(103) Vocational Rehabilitation, Board of
(104) Winthrop University Board of Trustees
(105) Women, Governor's Office, Commission on
(106) Workers' Compensation Commission
(B) The Secretary shall must keep in a public record available for inspection an up-to-date compilation of the membership of the boards and commissions listed in subsection (A) and information about the memberships received from state boards and commissions pursuant to Section 1-1-1310 so that members of the General Assembly and interested citizens may be informed of the current composition of these boards and commissions. This compilation must include:
(1) length of term for each office;
(2) the month and year in which terms have expired or will expire;
(3) terms which have expired;
(4) vacancies;
(5) the body or authority which elects or appoints, as appropriate; and
(6) any qualifications including, but not limited to, residency requirements or limitations required for a particular vacancy.; and
(7) any additional information received from state boards or commissions as required by Section 1-1-1310.
(C) The Secretary shall must publicize vacancies, expired terms, and those terms expiring within one year on a semiannual basis statewide."
SECTION 3. On or before July 1, 2002, each state board and commission must send written notification to the Secretary of State's Office of the membership of its board or commission in order to provide the Secretary of State's Office with an up-to-date listing.
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 410 (Word version) -- Senators Grooms, Bauer, Mescher, Holland, Ryberg, Ford, Wilson, Leatherman, J. Verne Smith, Verdin, Hutto, Reese, Passailaigue, Leventis, Alexander, Gregory, McConnell, Waldrep, Giese, Martin, Drummond, Moore, Anderson, Land, McGill, Ritchie, Elliott, Glover, Pinckney, Hawkins, Branton and Fair: A BILL TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS, BY ADDING SECTION 8-1-135 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER OF A POLITICAL SUBDIVISION IS NOT CONSIDERED A DUAL OFFICEHOLDER FOR THE PURPOSES OF SECTION 3, ARTICLE VI OF THE
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0410.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The General Assembly finds that the Constitution of South Carolina, 1895, prohibits a person from holding two offices of honor or profit at the same time. The General Assembly further finds that the critical inquiry in analyzing dual office holding is whether each position is a public office. By this act, the General Assembly clarifies that certain named positions are not considered public offices for purposes of the constitutional ban on dual office holding.
SECTION 2. Section 8-1-130 of the 1976 Code is amended to read:
"Section 8-1-130. Notwithstanding any other provision of law, for purposes of the prohibition against holding two offices of honor or profit provided in the Constitution of this State, the prohibition does not apply to:
(1) officers in the militia;
(2) notaries public;
(3) delegates to a constitutional convention;
(4) a law enforcement officer of one political subdivision who holds office in another political subdivision;
(5) corrections officers;
(6) Any a member of a lawfully and regularly organized fire department,;
(7) a county veterans affairs officer,;
(8) a constable,; or
(9) a municipal judge serving as attorney for another city is not considered to be a dual officeholder, by virtue of serving in that capacity, for the purposes of the Constitution of this State political subdivision."
SECTION 3. This act takes effect upon ratification of the amendments to Section 24, Article III; Section 3, Article VI; and Section 1A, Article XVII of the Constitution of this State. /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
Senator MARTIN spoke on the Bill.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1017 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE III, SECTION 3, ARTICLE VI, AND SECTION 1A, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, ALL RELATING TO THE PROHIBITION AGAINST DUAL OFFICE HOLDING, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MUST PROVIDE BY LAW FOR THE OFFICES WHICH ARE EXCEPTIONS TO THE DUAL OFFICE HOLDING PROHIBITION.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
On motion of Senator McCONNELL, with unanimous consent, the text of the Joint Resolution was ordered printed upon the pages of the Journal as follows and ordered to receive a second reading:
S. 1017 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE III, SECTION 3, ARTICLE VI, AND SECTION 1A, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, ALL RELATING TO THE PROHIBITION AGAINST DUAL OFFICE HOLDING, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MUST PROVIDE BY LAW FOR THE OFFICES WHICH ARE EXCEPTIONS TO THE DUAL OFFICE HOLDING PROHIBITION.
Be it enacted by the General Assembly of the State of South Carolina:
"Section 24. No person is eligible to a seat in the General Assembly while he holds any office or position of profit or trust under this State, the United States of America, or any either of them, or under any other power, except officers in the militia, members of lawfully and regularly organized fire departments, constables, and notaries public. The General Assembly must provide by law for the offices which are exceptions to this provision. If any member accepts or exercises any of the disqualifying offices or positions he shall must vacate his seat."
SECTION 2. It is proposed that Section 3, Article VI of the Constitution of this State be amended to read:
"Section 3. No person may hold two offices of honor or profit at the same time. This limitation does not apply to officers in the militia, notaries public, members of lawfully and regularly organized fire departments, constables, or delegates to a constitutional convention. The General Assembly must provide by law for the offices which are exceptions to this provision."
SECTION 3. It is proposed that Section 1A, Article XVII of the Constitution of this State be amended to read:
"Section 1A. Every qualified elector is eligible to any office to be voted for, unless disqualified by age, as prescribed in this Constitution. No person may hold two offices of honor or profit at the same time, but any person holding another office may at the same time be an officer in the militia, member of a lawfully and regularly organized fire department, constable, or a notary public. The General Assembly must provide by law for the offices which are exceptions to this provision. The limitation above set forth "No person may hold two offices of honor or profit at the same time," does not apply to the circuit judges of the State under the circumstances stated in this section, but whenever it appears that any or all of the Justices of the Supreme Court are disqualified or otherwise prevented from presiding in any cause for the reasons set forth in Section 6 of Article V of the Constitution, the Chief Justice or in his stead the Senior Associate Justice when available shall must designate the requisite number of circuit judges for the hearing and determination of the hearing. The limitation above set forth does not prohibit any officeholder from being a delegate to a constitutional convention."
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election for representatives.
"Must Section 24 of Article III, Section 3 of Article VI, and Section 1A of Article XVII of the Constitution of this State, all relating to the prohibition against dual office holding, be amended so as to provide that the General Assembly must provide by law for the offices which are exceptions to the dual office holding prohibition?
No []
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The question then was the second reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Courson Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Holland Hutto Jackson Kuhn Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler
Short Smith, J. Verne Thomas Verdin Waldrep
There being no further amendments, the Joint Resolution was read the second time, passed and ordered to a third reading.
H. 3107 (Word version) -- Reps. Huggins, W.D. Smith, Knotts and Bingham: A BILL TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, TO PROVIDE THAT MAGISTRATES HAVE CONCURRENT JURISDICTION OF INTERPLEADER ACTIONS FILED OVER CLAIMS OF DISPUTED REAL ESTATE EARNEST MONEY; AND TO ADD SECTION 22-3-15 PROVIDING, NOTWITHSTANDING ANY RULE OF COURT OR PROVISION OF LAW, THAT INTERPLEADER ACTIONS ARISING FROM REAL ESTATE EARNEST MONEY DISPUTES WHICH DO NOT EXCEED THE JURISDICTIONAL LIMIT OF MAGISTRATES COURT MAY BE FILED IN THAT COURT, TO PROVIDE SUBSTANTIALLY THE FORM AND WORDING OF THE INTERPLEADER PLEADING TO BE USED IN REAL ESTATE EARNEST MONEY DISPUTES IN MAGISTRATES COURT, AND TO PROVIDE THAT THE FAILURE OF A COMPETING CLAIMANT TO RECOVER IN AN INTERPLEADER ACTION MUST NOT BE CONSIDERED A JUDGMENT AGAINST THE CLAIMANT OR USED TO IMPAIR THE CREDIT OF THE CLAIMANT.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the previously proposed amendment as follows.
Senator HAWKINS proposed the following amendment (JUD3107.005), which was withdrawn:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 22-1-10(C)(1) of the 1976 Code is amended to read:
"(1) All magistrates shall complete a training program or pass certification or recertification examinations, or both, pursuant to standards established by the Supreme Court of South Carolina. The examination must be offered at least three times each year. (a) Magistrates appointed for the first time on or after the effective date of this act section shall complete the training program and pass the certification examination within one year after taking office, or before April 30, 1995, whichever is later.
(b) Magistrates serving the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and Williamsburg, as of the effective date of this act, shall pass a certification examination before April 30, 1995.
(c) Magistrates serving the counties of Aiken, Anderson, Barnwell, Berkeley, Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and York, as of the effective date of this section, shall pass a certification examination before April 30, 1996.
(d) Every magistrate shall pass a recertification examination within eight years after passing the initial certification examination, and at least once every eight years thereafter." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
On motion of Senator HAWKINS, with unanimous consent, the amendment was withdrawn.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
Senator HAWKINS asked unanimous consent to give the Bill a third reading tomorrow.
Senator J. VERNE SMITH objected to third reading.
S. 97 (Word version) -- Senators Wilson, Hayes, Reese and Branton: A BILL TO AMEND SECTION 7-17-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RECOUNTS IN PRIMARIES AND GENERAL ELECTIONS, SO AS TO PROVIDE THAT THE CANVASSING AGENCY MAY GIVE PRIORITY IN THE RECOUNT TO SPECIFIC PRECINCTS IF ONE OF THE AFFECTED CANDIDATES FOR REASONABLE CAUSE REQUESTS IT.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0097.002), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting therein the following:
/ SECTION 1. The first paragraph of Section 7-17-280 of the 1976 Code is amended to read:
"Whenever When the difference between the number of votes received by a candidate who has been declared nominated for an office in a primary election or who has been declared elected to an office in a general election and the number of votes received by any other candidate or candidate not declared so nominated or elected or whenever when the difference between the number of votes received by a candidate who received the least number of votes to qualify for a runoff election and a candidate or candidates who did not so qualify shall be is not more than one percent of the total votes which were cast for such the office therein in the election, the committee or board charged by law with canvassing such the votes shall must order a recount of such the votes to be made forthwith as soon as practicable unless such the other candidate or candidates shall waive a recount in writing. Upon the written request of an affected candidate for reasonable cause, the canvassing agency may give priority in the recount to specific precincts." /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
On motion of Senator SETZLER, with unanimous consent, the Bill was carried over, as amended.
S. 603 (Word version) -- Senator McConnell: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO CEASE USING ITS "CLICK IT OR TICKET" CAMPAIGN AS A LAW ENFORCEMENT TOOL WHOSE PRIMARY PURPOSE IS TO DETECT AND ISSUE TICKETS TO SEAT BELT VIOLATORS ON A PRIMARY AS OPPOSED TO A SECONDARY BASIS.
Senator McCONNELL asked unanimous consent to recommit the Joint Resolution to the Committee on Judiciary.
There was no objection.
H. 4665 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION TO DECLARE THURSDAY, FEBRUARY 21, 2002, AS "ETIQUETTE DAY IN SOUTH CAROLINA" AND TO COMMEND THE UNIVERSITY OF SOUTH CAROLINA'S EDUCATIONAL TALENT SEARCH PROGRAM AND ITS PARTICIPANTS FOR THEIR OUTSTANDING ACHIEVEMENTS AND PROGRESS IN BECOMING PRODUCTIVE CITIZENS.
The Concurrent Resolution was adopted, ordered sent to the House.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3141 (Word version)--Reps. Wilkins, Harrison, Walker, Simrill, Whatley, Delleney, Sandifer, Altman, Knotts and Thompson: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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 SECTIONS OF TITLE
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator WALDREP spoke on the Bill.
On motion of Senator WALDREP, with unanimous consent, Amendment No. 10 was taken up for immediate consideration.
Senators WALDREP and HUTTO proposed the following Amendment No. 10 (JUD3141.013), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. This bill may be cited as the "South Carolina Truth in Sentencing Act." It applies to all criminal offenses in South Carolina punishable by a maximum term of imprisonment of fifteen years or more, as well as, assault and battery of a high and aggravated nature,
SECTION 2. Section 24-3-20(B) of the 1976 Code, as last amended by Act 406 of 1996, 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 are not 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 must make reasonable efforts to notify victims registered pursuant to Article 15, Chapter 3, Title 16 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 parole offense" as defined in Section 24-13-100 Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third
SECTION 3. 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 parole offense', as defined in Section 24-13-100, Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, 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, educational credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any a 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."
SECTION 4. 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
(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."
SECTION 5. 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 Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, and sentenced to the custody of the Department of Corrections including a prisoner serving time in a local facility pursuant to a
(B) A prisoner convicted of a 'no parole offense' as defined in Section 24-13-100 Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, 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 a prisoner serving a sentence for life imprisonment or a mandatory minimum term of imprisonment for thirty years pursuant to Section 16-3-20 is not entitled to credits under this provision. No A prisoner convicted of a 'no parole offense' Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, 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) A prisoner convicted of an offense against this State and sentenced to a local correctional facility, or upon the public works of any a county in this State, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined,
(D) 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) Any A 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 before discharge from the criminal justice system.
(F) No credits Credits earned pursuant to this section may not 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 6. 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, Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, who is assigned to a productive duty
(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, Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, 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 a prisoner serving a sentence for life imprisonment or a mandatory minimum term of imprisonment for thirty years pursuant to Section 16-3-20 is not entitled to credits under this provision. No A prisoner convicted of a 'no parole offense' Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, 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 educational credit is limited to seventy-two days.
(C) No credits Credits earned pursuant to this section may not 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) 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) 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 an 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)(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 an individual convicted of a violent crime as defined in Section 16-1-60.
(G) The South Carolina Department of Corrections may not pay any tuition for college courses."
SECTION 7. Section 24-13-430(2) of the 1976 Code is amended to read:
"(2) Any An inmate of the Department of Corrections, city or county jail, or public works of any a county that who participates in a riot or any other acts of violence shall be deemed is guilty of a felony and, upon conviction, shall must be imprisoned for not less than five years nor more than ten twenty years."
SECTION 8. 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, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, 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
SECTION 9. 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, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, or 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 before 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 An inmate 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
(1) maintain a clear disciplinary record for at least six months prior to before 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 an inmate through any a supervised furlough program.
These requirements do not apply to the crimes referred to in this section."
SECTION 10. 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, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, 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 An inmate otherwise eligible under the provisions of this section for placement with the program may not be so placed unless he has qualified under the selection criteria and process
SECTION 11. 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, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or minal sexual conduct in the third degree,
SECTION 12. 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 Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, on or after the effective date of this section is not eligible for parole consideration, but 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 must be periodically rotated periodically on a random basis by the chairman. At the meetings of the panels, any a unanimous vote shall must 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 A vote that is not unanimous shall must not be considered as a decision of the board, and
(B) The board may grant parole to an offender who commits committed 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 committed a crime under Sections 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 provision 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 provision or a 'no parole offense' as defined in Section 24-13-100 Class A, B, 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 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 a person who commits a 'no parole offense' as defined in Section 24-13-100 Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, on or after the effective date of this section to be eligible for parole."
SECTION 13. 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, C, or D felony or an offense exempt from classification contained in Section 16-1-10(D), which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, or a thirty-year murder sentence under Section 16-3-20 for a 'no parole offense' as defined in Section
(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 must 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. However, the court may not impose a period of incarceration exceeding the length of time remaining on the original sentence. 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' Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree. 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
(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 an inmate serving a sentence for a 'no parole offense' Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, criminal sexual conduct in the third degree, or a thirty-year sentence for murder under Section 16-3-20 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, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, criminal sexual conduct in the third degree, 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 14. 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 Criminal Justice Commission composed of thirteen nineteen 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 chairman of the Senate Judiciary Committee;
(4) three members of the House designated by the Chairman 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 President of the South Carolina Circuit Solicitors' Association;
(9) an attorney, experienced in the practice of criminal defense, designated by the chairmen of the Senate and House Judiciary Committees from a list of candidates submitted by the President of the South Carolina Association of Criminal Defense Lawyers;
(10) the Chief of the State Law Enforcement Division, or his designee, to serve ex officio;
(11) the Chairman of the Commission on Appellate Defense, or his designee, who must be a member of that commission or who must be the director of the commission;
(12) the Chairman of the State Board of Corrections, or his designee, who must be a member of that board or who must be the Commissioner of the Department of Corrections;
(13) the Chairman of the Board of the Department of Probation, Parole and Pardon Services, or his designee, who must be a member of that board or who must be the Commissioner or Executive Director of the Department of Probation, Parole and Pardon Services; and
(14) the Director of the State Office of Victims' Assistance."
SECTION 15. Section 24-26-20 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"The commission has the following duties and responsibilities:
(1) recommend advisory sentencing guidelines for the general sessions court for all offenses for which a term of imprisonment of more than one year is allowed.
(a) The guidelines must establish:
(i) the circumstances under which imprisonment of an offender is proper;
(ii) a range of fixed sentences for offenders for whom imprisonment is proper, based on each appropriate combination of reasonable offense and offender characteristics;
(iii) a determination whether multiple sentences to terms of imprisonment must be ordered to run concurrently or consecutively.
(b) In establishing the advisory sentencing guidelines, the commission shall take into consideration current sentence and release practices and correctional resources including, but not limited to, the capacities of local and state correctional facilities;
(2) recommend appropriate advisory sentencing guidelines for the general sessions courts for all offenses for which a term of imprisonment of one year or less is allowed;
(3) recommend appropriate advisory guidelines sanctions for offenders for whom traditional imprisonment is not considered proper. Advisory guidelines promulgated by the commission for offenders for whom traditional imprisonment is not considered proper must make specific reference to noninstitutional sanctions;
(4) develop and recommend policies for preventing prison and jail overcrowding;
(5) examine the impact of statutory provisions and current administrative policies on prison and jail overcrowding;
(2) establish goals and priorities for the reduction of crime and the improvement of the administration of justice in this State;
(3) cooperate with and render assistance to state and local governmental agencies and public or private agencies relating to the criminal justice system;
(4) evaluate and recommend means to improve the deterrent and rehabilitative capabilities of the criminal justice system;
(5) make inmate population computations for use in planning for the long-range needs of the criminal justice system;
(6) before January sixteenth of each year, prepare and submit to the Governor, the General Assembly, and the Chief Justice of the Supreme Court a comprehensive state criminal justice ten-year, five-year, and one-year plan for preventing prison and jail overcrowding. This plan must include, but is not limited to, the number of persons currently involved in pretrial and postsentencing options predominantly provided through community-based agencies which minimize the number of persons requiring incarceration consistent with protection of public safety, including mediation, restitution, supervisory release, and community service plans and the impact on prison populations, local communities, and court caseloads. The commission shall take into
(7) research and gather relevant statistical data and other information concerning the impact of efforts to prevent prison and jail overcrowding and make the information available to criminal justice agencies and members of the General Assembly;
(8) serve as a clearing house and information center for the collection, preparation, analysis, and dissemination of information on state and local sentencing practices and conduct ongoing research regarding sentencing guidelines, use of imprisonment and alternatives to imprisonment, plea bargaining, and other matters relating to the improvement of the criminal justice system;
(9) make recommendations to the General Assembly regarding changes in the criminal code, criminal procedures, and other aspects of sentencing."
SECTION 16. Section 24-26-50 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"Section 24-26-50. The commission, by vote of a majority of the membership, may establish general policies. The advisory guidelines prescribed and promulgated pursuant to Section 24-26-20 must be approved by the General Assembly."
SECTION 17. Chapter 1, Title 25 of the 1976 Code is amended by adding:
Military Confinement
Section 25-1-3300. This article is known and may be cited as the 'South Carolina Truth in Military Confinement Act'.
Section 25-1-3310. Military personnel subject to the Code of Military Justice as provided in this title who are sentenced to a period of confinement pursuant to a general, special, or summary court martial for a criminal or other offense which has been passed upon by the appropriate reviewing authority shall serve the full term of the confinement for which early release for any portion shall not be granted for any reason."
SECTION 18. Title 24 of the 1976 Code is amended by adding:
Collection of Data on Vehicle Traffic Enforcement
Section 24-28-10. (A) Agencies which employ law enforcement officers to enforce the traffic laws of this State, including, but not limited to, the Department of Public Safety, sheriff's departments, and
(1) the number of drivers stopped for vehicle traffic enforcement where a warning or citation was issued;
(2) identifying characteristics of each driver stopped, including the race or ethnicity, age, and gender;
(3) the alleged traffic violation that led to the stop;
(4) whether the vehicle, personal effects, driver, or any passengers were searched;
(5) the basis for the search; and
(6) the race or ethnicity of the officer.
(B) Except when warnings or citations are issued or searches, seizures, or arrests take place, the information required by subsection (A) is not required to be collected in connection with driving under the influence checkpoints or other types of roadblocks, vehicle checks, or checkpoints that comply with the laws of this State and with the State and United States Constitutions.
(C) The Department of Public Safety must annually report to the General Assembly the number of licensed drivers in each county as of December thirty-first of the previous year. The number of licensed drivers must be categorized by age, gender, and race or ethnicity.
(D) The information required to be collected by subsections (A) and (C) must be reported to the Speaker of the House of Representatives and the President Pro Tempore of the Senate by the first day of the legislative session for distribution to the General Assembly.
(E) Agencies which employ law enforcement officers to enforce the traffic laws of this State, including, but not limited to, the Department of Public Safety, sheriff's departments, and municipal police departments, must compile, annually publish, and make available to the public in a report, the following information regarding formal complaints by members of the public against officers of the agency:
(1) the number of complaints received by type and location of incident by county;
(2) the gender, age, and race of the complainant, when known, and the gender, age, and race of any officer involved in the complaint;
(3) the disposition for each complaint including, but not limited to, the following:
(a) exonerated. The alleged incident did occur, but the actions of the officer were justified, lawful, and proper;
(b) sustained. The investigation disclosed sufficient evidence to prove the allegation;
(c) not sustained. The investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation;
(d) unfounded. The alleged incident did not occur or there is insufficient information to conduct a meaningful investigation; and
(4) the total number of disciplinary actions, including, but not limited to, letters of reprimand, suspensions with or without pay, and dismissals, stemming from each type of sustained complaint.
(F) As used in subsection (E), 'complaint' means a signed report regarding vehicle traffic enforcement received by an agency regarding the conduct of an officer or of an incident, pattern, or practice of conduct that deprives a person of a right, privilege, or immunity secured or protected by the State or the United States Constitutions or any law of the State.
(G) The annual report required by subsection (E) must respect privacy concerns and must not include the name, badge number, or other identifying information regarding officers, complainants, or other participants in a complaint, other than the information required by this section.
(H) Nothing in this section, in and of itself, may be construed to create a private cause of action.
(I) Nothing in this section prohibits the introduction, in any court of competent jurisdiction, of data obtained pursuant to the requirements of this section."
SECTION 19. (A) The 1976 Code is amended by adding:
"Section 56-1-464. Notwithstanding the provisions of Section 56-1-460, a person who drives a motor vehicle on any public highway of the State when his license is canceled, suspended, or revoked solely based on an out-of-state motor vehicle violation for which the penalty is a fine and the fine has not been paid to the out-of-state agency and when the violation is not based upon a charge of driving under the influence of alcohol or drugs or a reckless driving charge may petition the magistrate's court to dismiss the State's charge of driving under suspension based upon the out-of-state violation if:
(1) the person presents to the court a satisfactory resolution of the out-of-state violation as exhibited by an official receipt from the out-of-state agency that the fine has been paid; and
(2) the person pays an assessment to the magistrate's court for a first offense of five hundred dollars; for a second offense of one thousand dollars; for a third offense of one thousand five hundred dollars; and for a fourth and subsequent offense of two thousand
Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense punishable under this subitem must be tried exclusively in magistrate's court."
(B) The provisions of Section 56-1-464 as contained in this section apply to any applicable out-of-state offense committed within the last ten years before the effective date of this section, notwithstanding any other provision of this act to the contrary.
SECTION 20. Section 44-53-375 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"(A) A person possessing or attempting to possess less than one gram of ice, crank, or crack cocaine, as defined in Section 44-53-110, is guilty of a felony misdemeanor and, upon conviction for a first offense, must be imprisoned not more than five two years and or fined not less more than five thousand dollars, or both. For a first offense the court, upon approval of the solicitor, may require as part of a sentence, that the offender enter and successfully complete a drug treatment and rehabilitation program. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten five years and or fined not less more than ten five thousand dollars, or both. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not less more than ten five years nor more than fifteen years and or fined not less more than fifteen ten thousand dollars, or both.
(B) A person who manufactures, distributes, dispenses, delivers, purchases, or otherwise aids, abets, attempts, or conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with intent to distribute, dispense, or deliver ice, crank, or crack cocaine, in violation of the provisions of Section 44-53-370, is guilty of a felony and, upon conviction:
(1) for a first offense, must be sentenced to a term of imprisonment of not more than fifteen years and or fined not less more than twenty-five thousand dollars, or both;
(2) for a second offense or if, in the case of a first conviction of a violation of this section, the offender has been convicted of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned for not more than twenty-five years and or fined not less more than fifty thousand dollars, or both;
(3) for a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned for not more than thirty years and or fined not less more than one hundred fifty thousand dollars, or both.
Except in the case of a conviction for a first offense under this subsection, the sentence must not be suspended and probation must not be granted. Possession of one or more grams of ice, crank, or crack cocaine is prima facie evidence of a violation of this subsection.
(C) A person who knowingly sells, manufactures, delivers, purchases, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts, or conspires to sell, manufacture, deliver, purchase, or bring into this State, or who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of ten grams or more of ice, crank, or crack cocaine, as defined and otherwise limited in Sections 44-53-110, 44-53-210(b)(4), 44-53-210(d)(1), or 44-53-210(d)(2), is guilty of a felony which is known as "trafficking in ice, crank, or crack cocaine" and, upon conviction, must be punished as follows if the quantity involved is:
(1) ten grams or more, but less than twenty-eight grams:
(a) for a first offense, a term of imprisonment of not less than three years nor more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;
(b) for a second offense, a term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(c) for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(2) twenty-eight grams or more, but less than one hundred grams:
(a) for a first offense, a term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(b) for a second offense, a term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(c) for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years and not more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(3) one hundred grams or more, but less than two hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(4) two hundred grams or more, but less than four hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars;
(5) four hundred grams or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars.
(D) Except for a first offense, as provided in subsection (A) of this section, sentences for violation of the provisions of this section may not be suspended and probation may not be granted. A person convicted and sentenced under this subsection to a mandatory term of imprisonment of twenty-five years, a mandatory minimum term of imprisonment of twenty-five years, or a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years is not eligible for parole, extended work release, as provided in Section 24-13-610, or supervised furlough, as provided in Section 24-13-710."
SECTION 21. Sections 2-13-66, 16-1-90, 16-1-100, 16-1-110, and 24-13-100 of the 1976 Code are is repealed. Section 24-28-10 is repealed July 1, 2006.
SECTION 22. If a 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 23. 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 24. SECTIONS 2, 3, 4, 17, 18, 19 14, 15, 16, 19, and 20 take effect upon approval by the Governor. SECTION 18 takes effect July 1, 2002 and the repeal of Section 24-28-10 takes effect July 1, 2006. 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.
Senator WALDREP explained the amendment.
Senator WALDREP moved that the amendment be adopted.
The amendment was adopted.
Senators FAIR, HAWKINS, THOMAS, RYBERG, BAUER and KUHN desired to be recorded as voting against the adoption of the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
I voted "no" to the amendment to S. 3141, which weakens the penalty for the use, possession and distribution of "crack" cocaine. I would have supported an amendment which would have raised the penalty for powder cocaine to that for crack, but the amendment passed by the Senate today is totally unacceptable. I voted for the Bill because it extends Truth in Sentencing to felonies carrying 15 years or more and certain other enumerated crimes. I would have preferred a Bill which extended Truth in Sentencing to every crime, but this Bill is better than what we currently have in South Carolina and will toughen our criminal laws somewhat. I hope that as this Bill reaches the Conference Committee, the penalties for crack cocaine will be toughened once again and Truth in Sentencing will be extended to all crimes.
H. 3307 (Word version) -- Reps. Scott, Knotts, Jennings, Carnell, Govan, Whatley, Dantzler, Lee, Miller, Snow, Breeland, Hosey, Rutherford, J.E. Smith, Rivers, Weeks and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET REVENUE RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE APPROPRIATIONS FROM THE EDUCATION LOTTERY ACCOUNT BEGINNING IN FISCAL YEAR 2001-02 FOR SPECIFIED PURPOSES; AND TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO THE ENTITIES FROM WHICH AN APPOINTEE BY THE GOVERNOR MAY BE REMOVED IN CERTAIN CONDITIONS, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT LIST OF ENTITIES.
On motion of Senator McCONNELL, with unanimous consent, the Bill was placed in the status of Interrupted Debate.
On motion of Senator RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Ray Brown of Horry, S.C., a dedicated Horry County Councilman, who passed away on Monday, February 11, 2002.
Senator McCONNELL moved that, when the Senate adjourns on Friday, February 15, 2002, it stand adjourned to meet next Tuesday, February 19, 2002, at 12:00 Noon, which motion was adopted.
At 12:15 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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