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, hear words recorded by St. Luke (12:34):

"For where your treasure is, there will your   heart be also." Also rendered, your heart will always be where your riches are.

Let us pray.

Father, we thank You for straight talk about our economic life.

Forbid, O Lord, that we should ever make a God out of our economic wellbeing. Help us to distinguish between our wants and our needs. Help us in our praying not to forget to pray -

"Thy kingdom come, Thy will be done - on earth as it is in heaven."
Amen!

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

The following appointment was transmitted by the Honorable Mark C. Sanford:

Reappointment, Marion County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Lunette R. Cox, P. O. Box 35, Gresham, S.C. 29546

Initial Appointment, Lexington County Master-in-Equity, with term to commence January 1, 2007, and to expire January 1, 2013

James O. Spence, 6521 Edmund Highway, Lexington, S.C. 29073 VICE Clyde Davis

On motion of Senator PEELER, with unanimous consent, the following statewide appointment was recalled from the Committee on Medical Affairs:

Initial Appointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 2005, and to expire September 30, 2008

Occupational Therapy Assistant:

Ms. Linda H. Remick, Interim Healthcare, P. O. Box 12243, Greenville, S.C. 29612

On motion of Senator PEELER, with unanimous consent, the Statewide Appointment was referred to the Committee on Labor, Commerce and Industry.

Columbia, S.C., April 25, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the appointment:

Initial Appointment, Lexington County Master-in-Equity, with term to commence January 1, 2007, and to expire January 1, 2013:

Mr. James O. Spence, 6521 Edmund Highway, Lexington, S.C. 29073 VICE Clyde Davis
Very respectfully,
Speaker of the House

Received as information.

The following was received and referred to the appropriate committee for consideration:

Document No. 3061
Agency: Department of Insurance
SUBJECT: Termination of the SCAAIP Joint Underwriting Association and its wind up period
Received by Lieutenant Governor April 27, 2006
Referred to Banking and Insurance Committee
Legislative Review Expiration April 3, 2007

Senator MARTIN introduced Dr. Larry Winn of Easley, S.C., Doctor of the Day.

S. 374 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 16-17-504, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLEMENTATION OF LAWS RELATING TO SUPPLYING MINORS WITH TOBACCO, SO AS TO DELETE THE REQUIREMENT THAT LAWS, ORDINANCES, OR RULES PERTAINING TO TOBACCO PRODUCTS MAY NOT SUPERSEDE STATE LAW, TO DELETE THE EXCEPTION PROVIDED FOR PRIVATE PROPERTY, AND TO DELETE THE EXEMPTION FOR SMOKING ORDINANCES IN EFFECT BEFORE THE EFFECTIVE DATE OF THE SECTION.

On motion of Senator JACKSON, with unanimous consent, the names of Senators JACKSON, LOURIE and FORD were added as co-sponsors of S. 374.

S. 1084 (Word version) -- Senators McConnell, Ritchie, Bryant, Campsen, Ford, Ryberg and Knotts: A BILL TO ENACT THE "UNBORN VICTIMS OF VIOLENCE ACT OF 2006" BY ADDING SECTION 16-3-1083, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT A PERSON WHO COMMITS A VIOLENT CRIME THAT CAUSES THE DEATH OF, OR INJURY TO, A CHILD IN UTERO IS GUILTY OF A SEPARATE OFFENSE AND THAT THE PERSON MUST BE PUNISHED AS IF THE DEATH OR INJURY OCCURRED TO THE UNBORN CHILD'S MOTHER; TO SPECIFY CERTAIN ELEMENTS THAT ARE NOT REQUIRED TO BE PROVEN; TO PROVIDE THAT THE PERSON MUST BE PUNISHED FOR MURDER OR ATTEMPTED MURDER IF THE PERSON INTENTIONALLY KILLED OR ATTEMPTED TO KILL THE UNBORN CHILD; TO PROHIBIT IMPOSING THE DEATH PENALTY FOR AN OFFENSE PROSECUTED PURSUANT TO THIS SECTION; AND TO PROHIBIT THE PROSECUTION OF A PERSON FOR CONDUCT RELATED TO AN ABORTION IF PROPER CONSENT WAS OBTAINED AND TO MEDICAL TREATMENT OF A PREGNANT WOMAN AND OF A WOMAN WITH RESPECT TO HER UNBORN CHILD.

On motion of Senator ALEXANDER, with unanimous consent, the name of Senator ALEXANDER was added as a co-sponsor of S. 1084.

On motion of Senator LEATHERMAN, at 10:35 A.M., Senator DRUMMOND was granted a leave of absence for today.

On motion of Senator CROMER, at 10:35 A.M., Senator CLEARY was granted a leave of absence for today.

At 12:15 P.M., Senator LEATHERMAN requested a leave of absence until 1:15 P.M.

At 12:43 P.M., Senator MARTIN requested a leave of absence until 1:30 P.M.

At 12:50 P.M., Senator MALLOY requested a leave of absence until 1:10 P.M.

At 12:50 P.M., Senator ANDERSON requested a leave of absence beginning at 3:00 P.M. and lasting until 10:00 A.M. on Tuesday.

At 12:50 P.M., Senator HAYES requested a leave of absence until Tuesday at 10:00 A.M.

At 1:00 P.M., Senator RICHARDSON requested a leave of absence until Tuesday at 10:00 A.M.

H. 4965 (Word version) -- Reps. Loftis, Pinson, Hardwick, Barfield, Bannister, Ceips, Clark, Clemmons, Coates, Davenport, Duncan, Edge, Frye, Hamilton, Harrison, Haskins, Hiott, Mahaffey, Merrill, Norman, Owens, Perry, M.A. Pitts, Sandifer, Scarborough, F.N. Smith, Stewart, Talley, Walker, Witherspoon, Young, Mitchell, McLeod, Leach, Altman and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-525 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY OR MALICIOUSLY DISTURB OR INTERRUPT A FUNERAL SERVICE AND TO PROVIDE PENALTIES.

Senator HAWKINS asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

The Bill was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.

S. 197 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF US HIGHWAY 17 NORTH FROM ITS INTERSECTION WITH VENNING ROAD TO THE INTERSECTION OF SEWEE ROAD IN CHARLESTON COUNTY THE "SWEETGRASS BASKET MAKERS HIGHWAY" AND TO ERECT APPROPRIATE SIGNS WHICH CONTAIN THE WORDS "SWEETGRASS BASKET MAKERS HIGHWAY" ALONG THIS PORTION OF HIGHWAY.

Senator GROOMS asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection and the Resolution was recalled.

Senator GROOMS asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.

On motion of Senator GROOMS, with unanimous consent, the Concurrent Resolution was adopted and ordered sent to the House.

On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was added as a co-sponsor of S. 197.

S. 1369 (Word version) -- Senator Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 76 IN MARION COUNTY, FROM THE PEE DEE RIVER BRIDGE TO THE HIGHWAY 301 BRIDGE "REPRESENTATIVE MACK T. HINES HIGHWAY", AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS STREET THAT CONTAIN THE WORDS "REPRESENTATIVE MACK T. HINES HIGHWAY".

Senator WILLIAMS asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection and the Resolution was recalled.

Senator WILLIAMS asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.

On motion of Senator WILLIAMS, with unanimous consent, the Concurrent Resolution was adopted and ordered sent to the House.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on April 27, 2006, at 11:15 A.M. and the following Acts and Joint Resolutions were ratified:

(R276, S. 46 (Word version)) -- Senator Thomas: AN ACT TO AMEND SECTION 29-5-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURVEYOR'S SERVICES AS MATERIAL FURNISHED FOR THE IMPROVEMENT OF REAL ESTATE, SO AS TO PROVIDE THAT UNDER CERTAIN CONDITIONS, A REAL ESTATE LICENSEE WHO PERFORMS PROFESSIONAL SERVICES FOR THE OWNER OF REAL ESTATE INCIDENT TO A REAL ESTATE TRANSACTION PURSUANT TO A WRITTEN AGREEMENT HAS FURNISHED LABOR OR MATERIAL FOR THE IMPROVEMENT OF REAL ESTATE, TO PROVIDE THAT A PRIOR RECORDED LIEN HAS PRIORITY OVER THE REAL ESTATE LICENSEE'S LIEN, AND TO DEFINE PRIOR RECORDED LIENS.
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(R277, S. 800 (Word version)) -- Senators Sheheen and Hawkins: AN ACT TO AMEND SECTION 56-5-6450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR A VIOLATION OF CHILD RESTRAINT LAWS, SO AS TO INCREASE THE FINE FROM TWENTY-FIVE DOLLARS TO ONE HUNDRED FIFTY DOLLARS.
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(R278, S. 1094 (Word version)) -- Senators Leatherman, Alexander, Ryberg and Knotts: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-16-370 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION AND COMMISSION OFFICERS AND MANAGEMENT EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FOR A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE COMMISSION IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES; TO AMEND SECTION 9-1-1310, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD AND THE RETIREMENT SYSTEM INVESTMENT COMMISSION WITH RESPECT TO THE VARIOUS STATE RETIREMENT SYSTEMS AND INVESTMENTS ALLOWED FOR THE FUNDS OF THESE SYSTEMS, SO AS TO PROVIDE FOR ADDITIONAL INVESTMENTS; TO AMEND SECTION 9-1-1340, AS AMENDED, RELATING TO CONFLICT OF INTEREST PROVISIONS WITH RESPECT TO THE RETIREMENT SYSTEM INVESTMENT COMMISSION, SO AS TO CONFORM THE PROVISIONS TO THE NATIONAL GUARD RETIREMENT SYSTEM; TO AMEND SECTION 9-10-60, RELATING TO THE STATE BUDGET AND CONTROL BOARD'S RESPONSIBILITIES WITH RESPECT TO THE NATIONAL GUARD RETIREMENT SYSTEM AND CONFLICT OF INTEREST PROVISIONS FOR THAT SYSTEM, SO AS TO CONFORM THESE RESPONSIBILITIES TO THE MANNER OF OPERATION OF THE OTHER STATE RETIREMENT SYSTEMS AND TO DELETE REDUNDANT PROVISIONS; TO AMEND SECTION 9-16-360, RELATING TO STANDARDS OF CONDUCT FOR FIDUCIARIES WITH RESPECT TO THE STATE RETIREMENT SYSTEMS, SO AS FURTHER TO DEFINE "INDIRECT INTEREST" AND TO ALLOW THE RETIREMENT SYSTEM INVESTMENT COMMISSION TO WAIVE THESE STANDARDS BY CONTRACT WITH CERTAIN FIDUCIARIES.
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(R279, S. 1143 (Word version)) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO FEES AND CHARGES OF CONSUMER CREDIT COUNSELING ORGANIZATION LICENSEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2995, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R280, S. 1200 (Word version)) -- Senator J. Verne Smith: A JOINT RESOLUTION TO PROVIDE THAT IN 2007 AND 2008, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN SUCH MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED SIXTY-ONE DOLLARS, AND TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS CREDITED TO THE GENERAL FUND OF THE STATE AND THE BALANCE TO LOCAL GOVERNMENTS AND TO EXTEND RETROACTIVELY THROUGH 2006 THESE FEES AS ESTABLISHED IN JOINT RESOLUTION 116 OF 2003.
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(R281, S. 1246 (Word version)) -- Senator Sheheen: AN ACT TO AMEND SECTION 7-7-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF VOTING PRECINCTS IN KERSHAW COUNTY, SO AS TO DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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(R282, S. 1352 (Word version)) -- Senators Knotts, Cromer, Courson and Setzler: AN ACT TO PROVIDE THAT A PUBLIC SAFETY OFFICER WITH THE LEXINGTON COUNTY HEALTH SERVICES DISTRICT MAY RECEIVE TRAINING AT THE DEPARTMENT OF PUBLIC SAFETY'S CRIMINAL JUSTICE ACADEMY DIVISION.
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(R283, H. 3010 (Word version)) -- Reps. W.D. Smith, Wilkins, G.R. Smith, Vaughn, Harrison, Davenport, Sandifer, Coates, Young, Leach, Viers, Littlejohn, Rice, Hinson, Clark, Walker, Mahaffey, Duncan, Hagood and Clemmons: AN ACT TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO PROVIDE FOR THE CREATION OF A SOUTH CAROLINA PUBLIC CHARTER SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES, AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL INCLUDING THOSE SPONSORED BY THE SOUTH CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED, AND TO AMEND SECTION 59-18-900, AS AMENDED, RELATING TO ANNUAL REPORT CARDS AND PERFORMANCE RATINGS UNDER THE EDUCATION ACCOUNTABILITY ACT; AND TO AMEND SECTION 59-18-920, AS AMENDED, RELATING TO REQUIREMENTS OF THESE REPORT CARDS, SO AS TO REQUIRE CHARTER SCHOOLS TO REPORT DATA TO THE DEPARTMENT OF EDUCATION TO GENERATE A REPORT CARD, AND PROVIDE THAT THE DEPARTMENT BY REGULATION SHALL ESTABLISH PROCEDURES FOR THIS DATA REPORTING.
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(R284, H. 3060 (Word version)) -- Reps. Ceips, Vaughn, Mahaffey, Sandifer, Toole, Duncan, M.A. Pitts, Umphlett, Dantzler, Whitmire, Barfield, Jefferson, Govan, Hosey, Vick, Chalk, J. Hines, Anderson, G. Brown, Miller, Battle, Whipper, Sinclair, Haley, Martin, Young, Haskins, Brady, Moody-Lawrence, Loftis, Phillips, Anthony, R. Brown, D.C. Smith, Limehouse, Coates, Owens, Rhoad, Leach, Littlejohn, Neilson, Bales, E.H. Pitts, Huggins and Scarborough: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-930 SO AS TO CREATE THE OFFENSE OF TRAFFICKING IN PERSONS FOR FORCED LABOR OR SERVICES, TO PROVIDE A PENALTY, TO DEFINE THE TERM "FORCED LABOR OR SERVICES", AND TO PROVIDE AN EXCEPTION FOR PERSONS IN THE CUSTODY OF A CORRECTIONAL FACILITY.
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(R285, H. 3184 (Word version)) -- Reps. Harrison, G.R. Smith, Whipper, Cato, G.M. Smith and Weeks: AN ACT TO AMEND SECTION 1-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND ORDERS OF THE STATE HUMAN AFFAIRS COMMISSION, SO AS TO PROVIDE FOR APPEAL OF A COMMISSION DECISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 1-23-320, AS AMENDED, RELATING TO NOTICE AND HEARING IN A CONTESTED CASE, SO AS TO PROVIDE THAT THE STANDARD OF PROOF IN A CONTESTED CASE IS BY A PREPONDERANCE OF THE EVIDENCE EXCEPT IN A CONTESTED CASE INVOLVING THE DETERMINATION OF A CERTIFICATE OF NEED FOR NEW OPEN HEART SURGERY SERVICES WHEN A LEGALLY CONCLUSIVE PRESUMPTION IS CREATED IN FAVOR OF APPROVAL WHEN CERTAIN CIRCUMSTANCES ARE MET; TO AMEND SECTIONS 1-23-380, 1-23-390, 1-23-600, ALL AS AMENDED, AND SECTION 1-23-610, ALL RELATING TO JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS, SO AS TO PROVIDE THAT JUDICIAL REVIEW OF AN ADMINISTRATIVE DECISION MUST BE MADE BY AN ADMINISTRATIVE LAW JUDGE, TO PROVIDE THAT DECISION MAY BE APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO PROMULGATION OF RULES GOVERNING THE OPERATIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE RULES OF PROCEDURE FOR THE HEARING OF CONTESTED CASES OR APPEALS BY INDIVIDUAL AGENCIES ARE OF NO FORCE AND EFFECT IN PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 1-23-660, AS AMENDED, RELATING TO HEARINGS OF THE DIVISION OF THE MOTOR VEHICLES, SO AS TO CREATE THE DIVISION OF MOTOR VEHICLE HEARINGS WITHIN THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR ITS COMPOSITION AND OPERATION; TO AMEND SECTION 8-13-320, RELATING TO AN ORDER OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 8-17-340, AS AMENDED, RELATING TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SO AS TO PROVIDE FOR APPEAL OF A COMMISSION'S DECISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 9-21-70, RELATING TO APPEALS FROM A DECISION OF THE ADMINISTRATIVE LAW COURT, SO AS TO APPEAL TO THE COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 11-35-4410, AS AMENDED, RELATING TO APPEALS REGARDING PROCUREMENT BY THE PROCUREMENT REVIEW PANEL, SO AS TO PROVIDE THAT THE ADMINISTRATIVE PROCEDURES ACT DOES NOT APPLY TO THE PANEL UNDER CERTAIN CIRCUMSTANCES AND APPEAL FROM A PANEL DECISION IS ONLY TO THE CIRCUIT COURT; TO AMEND SECTIONS 12-60-3370, 12-60-3380, AND 12-60-3390, ALL AS AMENDED, RELATING TO TAXPAYER APPEALS, ALL SO AS TO PROVIDE THAT APPEALS ARE TO THE COURT OF APPEALS RATHER THAN THE CIRCUIT COURT; TO AMEND SECTION 14-8-200, AS AMENDED, RELATING TO THE JURISDICTION OF THE COURT OF APPEALS, SO AS TO ADD FINAL DECISIONS OF AN AGENCY, OR A FINAL DECISION OF AN ADMINISTRATIVE LAW JUDGE TO THE LIST OF CASES THE COURT OF APPEALS HAS JURISDICTION OVER; TO AMEND SECTION 31-21-130, RELATING TO APPEALS TO THE HUMAN AFFAIRS COMMISSION REGARDING THE SOUTH CAROLINA FAIR HOUSING LAW, SO AS TO PROVIDE THAT APPEAL IS TO THE ADMINISTRATIVE LAW COURT RATHER THAN THE CIRCUIT COURT; TO AMEND SECTION 33-56-140, RELATING TO INVESTIGATIONS, HEARINGS, AND APPEALS REGARDING SOLICITATION OF CHARITABLE FUNDS, SO AS TO PROVIDE THAT ACTIONS BROUGHT BY THE SECRETARY OF STATE FOR CERTAIN CHARITABLE SOLICITATION VIOLATIONS ARE TO BE BROUGHT BEFORE AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 39-37-100, AS AMENDED, RELATING TO APPEALS OF THE DEPARTMENT OF AGRICULTURE REGARDING LICENSES OF MANUFACTURERS OF CERTAIN FROZEN DESSERTS, SO AS TO PROVIDE THAT APPEAL IS TO THE ADMINISTRATIVE LAW COURT RATHER THAN THE CIRCUIT COURT; TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO THE PROCEDURE TO OBTAIN JUDICIAL REVIEW OF A DECISION BY THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE THAT A PARTY TO THE PROCEEDING MAY APPEAL A COMMISSION DECISION WITHIN THIRTY DAYS FROM THE DATE OF THE MAILING OF THE COMMISSION'S DECISION; TO AMEND SECTION 43-25-90, RELATING TO A DECISION OF THE COMMISSION FOR THE BLIND, SECTION 45-9-75, RELATING TO A DETERMINATION BY A PANEL OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 46-3-220, RELATING TO AN ORDER OR DECISION BY THE COMMISSIONER OF AGRICULTURE, SECTION 46-9-90, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF THE CHAPTER ON THE STATE CROP PEST COMMISSION, SECTION 47-4-130, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF TITLE 47 DEALING WITH ANIMALS, LIVESTOCK, AND POULTRY, SECTIONS 47-17-50 AND 47-19-60, BOTH RELATING TO A DETERMINATION BY THE DIRECTOR OF THE LIVESTOCK-POULTRY HEALTH DEPARTMENT OF CLEMSON UNIVERSITY, SECTIONS 48-20-160, 48-20-190, BOTH AS AMENDED, AND 48-20-200, ALL RELATING TO A DECISION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 48-39-150, AS AMENDED, RELATING TO THE APPROVAL OR DENIAL OF A PERMIT BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 54-3-470, RELATING TO AN ORDER OF THE STATE PORTS AUTHORITY, SECTIONS 55-5-230, 55-5-240, 55-5-250, ALL AS AMENDED, AND SECTION 55-8-20, ALL RELATING TO AN ORDER OF THE DIVISION OF AERONAUTICS, ALL SO AS TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION BY AN ADMINISTRATIVE LAW JUDGE AND THAT DECISION APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; TO AMEND SECTION 56-5-2952, AS AMENDED, RELATING TO THE FILING FEE FOR A HEARING BEFORE THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO INCREASE THE FEE AND PROVIDE FOR ITS RETENTION BY THE ADMINISTRATIVE LAW COURT; TO AMEND SECTIONS 58-5-330, 58-5-340, 58-5-990, 58-9-1410, AND 58-27-2310, ALL RELATING TO AN ORDER OR DECISION BY THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA SUPREME COURT OR COURT OF APPEALS AS PROVIDED BY STATUTE OR THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 59-25-260, 59-25-830, AND 59-40-90, ALL RELATING TO DECISIONS BY THE STATE BOARD OF EDUCATION, AND SECTION 59-58-120, RELATING TO A DECISION OF THE COMMISSION ON HIGHER EDUCATION, ALL SO AS TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION BY AN ADMINISTRATIVE LAW JUDGE AND THAT DECISION APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; TO AMEND SECTION 44-1-50, RELATING TO APPEALS FROM THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR ADMINISTRATIVE REVIEW BY THE BOARD AND FOR FINAL AGENCY DETERMINATIONS; AND BY ADDING SECTION 44-1-60 SO AS TO PROVIDE PROCEDURES IN A CONTESTED CASE BEFORE THE BOARD; AND TO REPEAL SECTIONS 58-5-350, 58-5-360, 58-9-1420, 58-9-1440, 58-9-1460, 58-9-1470, 58-9-1480, AND 58-27-2330, ALL RELATING TO JUDICIAL REVIEW OF A DECISION BY THE PUBLIC SERVICE COMMISSION.
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(R286, H. 3591 (Word version)) -- Reps. Brady, J.E. Smith, Harrison, Pinson, Agnew, Anthony, Ceips, Chalk, Cobb-Hunter, Frye, Haskins, Hayes, Hinson, Howard, Huggins, Jefferson, Lucas, McGee, E.H. Pitts, Taylor, Whitmire, Witherspoon, Young, Ballentine, Mahaffey, Thompson, Coates, Leach, Hagood, Clark, Sinclair, Cotty, Rhoad, Bailey, Jennings, Bales and Neilson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-398 SO AS TO REQUIRE PRODUCTS WHOSE SOLE ACTIVE INGREDIENT IS EPHEDRINE OR PSEUDOEPHEDRINE TO BE SOLD ONLY IN BLISTER PACKAGING AND FROM BEHIND A COUNTER, TO PROVIDE THAT ONLY PRODUCTS CONTAINING NINE GRAMS OR LESS OF EPHEDRINE OR PSEUDOEPHEDRINE MAY BE SOLD IN A SINGLE SALE, TO REQUIRE RETAILERS TO PURCHASE SUCH PRODUCTS ONLY FROM DISTRIBUTORS REGISTERED BY THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION, TO REQUIRE PURCHASERS TO PRODUCE A GOVERNMENT ISSUED PHOTO IDENTIFICATION, TO REQUIRE A RETAILER TO MAINTAIN A LOG OF SUCH SALES, TO PROVIDE THAT IT IS UNLAWFUL TO POSSES, MANUFACTURE, DISTRIBUTE, OR SELL SUBSTANCES CONTAINING ALTERED EPHEDRINE OR PSEUDOEPHEDRINE, TO PROVIDE PENALTIES FOR VIOLATIONS, TO REQUIRE A RETAILER TO PROVIDE TRAINING TO EMPLOYEES ON THE REQUIREMENTS OF THIS SECTION AND TO PROVIDE THAT PROVIDING SUCH TRAINING IS AN AFFIRMATIVE DEFENSE TO CERTAIN VIOLATIONS, AND TO PROVIDE EXEMPTIONS FROM THE REQUIREMENTS OF THIS SECTION; TO ADD SECTION 20-7-105 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO MANUFACTURE AMPHETAMINE OR METHAMPHETAMINE IN THE PRESENCE OF A CHILD, TO KNOWINGLY PERMIT A CHILD IN AN ENVIRONMENT WHERE A PERSON IS SELLING, DISPENSING, OR MANUFACTURING AMPHETAMINE OR METHAMPHETAMINE OR WHERE DRUG PARAPHERNALIA IS STORED FOR THE PURPOSE OF MANUFACTURING AMPHETAMINE OR METHAMPHETAMINE, AND TO PROVIDE PENALTIES; TO ADD SECTION 44-53-376 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO KNOWINGLY CAUSE DISPOSAL OF WASTE FROM THE PRODUCTION OF METHAMPHETAMINE AND TO PROVIDE PENALTIES AND TO FURTHER PROVIDE THAT A PERSON CONVICTED OF SUCH AN OFFENSE SHALL MAKE RESTITUTION TO ALL ENTITIES INVOLVED IN ANY EMERGENCY ENVIRONMENTAL RESPONSE REQUIRED DUE TO SUCH UNLAWFUL DISPOSAL; AND TO ESTABLISH A STUDY COMMITTEE TO REVIEW THE IMPLEMENTATION AND APPLICATION OF THIS ACT DURING THE FIVE YEARS FOLLOWING ITS ENACTMENT.
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(R287, H. 3735 (Word version)) -- Reps. Vaughn, Cato, Haskins, Hamilton, Leach, Loftis, Cotty, Pinson, Altman, Haley, Rhoad, Barfield, Branham, Cooper, Duncan, Emory, Frye, Hinson, Hosey, Limehouse, Littlejohn, Martin, Merrill, Perry, Tripp, Umphlett and Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1335 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL SUSPEND A VEHICLE'S REGISTRATION AND NOT REGISTER OR REREGISTER A MOTOR VEHICLE THAT WAS OPERATED WHEN ITS DRIVER FAILED TO PAY A TOLL AND WHOSE OWNER HAS AN OUTSTANDING JUDGMENT FOR FAILURE TO PAY A TOLL ENTERED AGAINST HIM, AND TO PROVIDE A FIFTY DOLLAR REINSTATEMENT FEE THAT MUST BE USED TO DEFRAY THE COSTS ASSOCIATED WITH THIS SECTION; AND TO AMEND SECTION 57-5-1495, RELATING TO THE COLLECTION OF TOLLS, SO AS TO PROVIDE THAT UPON AN ADJUDICATION OF LIABILITY FOR FAILURE TO PAY A TOLL, THE COURT MUST MAIL A COPY OF THE JUDGMENT TO THE VEHICLE'S OWNER OR OPERATOR, TO PROVIDE THAT IF THE JUDGMENT IS NOT SATISFIED WITHIN A CERTAIN PERIOD OF TIME, THE COURT SHALL NOTIFY THE DEPARTMENT OF MOTOR VEHICLES OF THIS INCIDENT WHICH SHALL SUSPEND THE REGISTRATION OF THE VEHICLE THAT WAS OPERATED WHEN THE TOLL WAS NOT PAID AND DENY THE VEHICLE'S REGISTRATION OR REREGISTRATION UNTIL THE JUDGMENT IS SATISFIED, TO DELETE THE PROVISION THAT REFERS TO THE CITATION AS A TRAFFIC CITATION, TO PROVIDE THAT A "FAILURE TO PAY A TOLL" CITATION CONSTITUTES THE SUMMONS AND COMPLAINT FOR AN ACTION TO RECOVER THE TOLL AND ALL APPLICABLE FEES ALLOWED PURSUANT TO THIS SECTION, AND TO PROVIDE THAT THE NOTICES THAT ARE ISSUED PURSUANT TO THIS SECTION MUST CONTAIN INFORMATION THAT ADVISES A PERSON THAT FAILURE TO PAY A TOLL MAY RESULT IN THE SUSPENSION OF A VEHICLE REGISTRATION.
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(R288, H. 4313 (Word version)) -- Reps. J. Brown, Clark, Altman, G.R. Smith, Loftis, Moody-Lawrence, Toole, Vick and R. Brown: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-185 SO AS TO PROVIDE THAT THE FIRST FRIDAY IN MAY OF EACH YEAR IS DECLARED TO BE "VIETNAM VETERANS SURVIVORS' AND REMEMBRANCE DAY" IN SOUTH CAROLINA.
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(R289, H. 4347 (Word version)) -- Reps. Limehouse, Harrell, Bailey, Battle, Brady, Vaughn, Cobb-Hunter, Kirsh, Ballentine, Clyburn, Young, Mahaffey, Hinson, Vick, J. Brown, Ceips, Herbkersman, Simrill, Bales, M.A. Pitts, J.E. Smith, Hagood, Whipper and Neilson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-97 SO AS TO PROVIDE THAT A WOMAN MAY BREASTFEED HER CHILD IN ANY LOCATION WHERE THE MOTHER AND CHILD ARE AUTHORIZED TO BE AND TO PROVIDE THAT SUCH BREASTFEEDING IS NOT INDECENT EXPOSURE; AND TO AMEND SECTION 16-15-130, RELATING TO THE OFFENSE OF INDECENT EXPOSURE, SO AS TO PROVIDE THAT THIS OFFENSE DOES NOT APPLY TO A WOMAN WHO BREASTFEEDS HER CHILD IN A PLACE WHERE SHE AND THE CHILD ARE AUTHORIZED TO BE.
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(R290, H. 4585 (Word version)) -- Reps. Simrill, Bowers, Kennedy, Duncan, Bannister, Ceips, Cobb-Hunter, Leach, Limehouse, Littlejohn, Ott and Scarborough: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-682 SO AS TO DESIGNATE BOILED PEANUTS AS THE OFFICIAL STATE SNACK FOOD AND TO PROVIDE THAT SCHOOLS ARE NOT REQUIRED OR ENCOURAGED TO SERVE PEANUTS, ESPECIALLY TO STUDENTS WITH FOOD ALLERGIES.
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(R291, H. 4708 (Word version)) -- Reps. Bowers, Hodges and R. Brown: AN ACT TO AMEND SECTION 57-23-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ROADSIDE VEGETATION MANAGEMENT ADJACENT TO INTERSTATE HIGHWAY 95 IN COLLETON COUNTY BETWEEN MILE MARKERS 52 AND 54, SO AS TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION ALSO APPLY TO ROADSIDE VEGETATION ADJACENT TO THE PORTION OF INTERSTATE HIGHWAY 95 BETWEEN MILE MARKERS 54 AND 58.
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(R292, H. 4881 (Word version)) -- Reps. Cobb-Hunter, Mitchell, Clyburn, Hosey, Hodges, Govan, Howard, J.H. Neal, J. Hines, Funderburk, Haley, Mack, Branham, Breeland, J. Brown, R. Brown, Hardwick, M. Hines, Hinson, Jefferson, McCraw, McGee, Ott, Rivers, Scott, F.N. Smith, Vaughn, Weeks, Whipper and Young: A JOINT RESOLUTION TO CREATE THE CHRONIC KIDNEY DISEASE TASK FORCE, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, INCLUDING DEVELOPING A PLAN TO EDUCATE THE PUBLIC AND HEALTH CARE PROFESSIONALS ABOUT EARLY SCREENING, DIAGNOSIS, AND TREATMENT, AND PROVIDING RECOMMENDATIONS FOR IMPLEMENTATION OF SUCH A PLAN; AND TO REQUIRE THE TASK FORCE TO SUBMIT ITS REPORT AND RECOMMENDATIONS BEFORE THE 2007 LEGISLATIVE SESSION, AT WHICH TIME THE TASK FORCE IS ABOLISHED.
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(R293, H. 4922 (Word version)) -- Rep. J.E. Smith: AN ACT TO ABOLISH THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION AND DEVOLVE ITS POWERS, DUTIES, AND FUNCTIONS UPON THE HISTORIC COLUMBIA FOUNDATION; TO PROVIDE THAT REAL PROPERTY HELD BY THE COMMISSION MUST BE TRANSFERRED IN ACCORDANCE WITH THE INSTRUMENT THROUGH WHICH THE PROPERTY WAS CONVEYED TO THE COMMISSION; TO PROVIDE THAT THE STATE SHALL CONVEY TO RICHLAND COUNTY ANY PROPERTY THAT REVERTS TO THE STATE; AND TO REPEAL ACT 69 OF 1963, RELATING TO THE ESTABLISHMENT, POWERS, AND DUTIES OF THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION.
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(R294, H. 4940 (Word version)) -- Rep. Walker: AN ACT TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN SPARTANBURG COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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The following were introduced:

S. 1377 (Word version) -- Senator Grooms: A SENATE RESOLUTION TO RECOGNIZE JERICHO UNITED METHODIST CHURCH OF COTTAGEVILLE ON THE OCCASION OF ITS HISTORIC 250TH ANNIVERSARY AND TO COMMEND AND CONGRATULATE THE CHURCH FOR ITS MANY YEARS OF SERVICE TO THE CITIZENS OF THE COMMUNITY.
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The Senate Resolution was adopted.

S. 1378 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION EXPRESSING SINCERE APPRECIATION AND THANKS TO MR. JOHN C. B. SMITH, JR. OF COLUMBIA, FOR HIS LEADERSHIP AND UNTIRING EFFORTS AS CHAIRMAN OF THE SOUTH CAROLINA EDUCATION LOTTERY COMMISSION FROM ITS ESTABLISHMENT WHICH HAS RESULTED IN THE GREAT SUCCESS OF THE LOTTERY AND IN THE TRANSFER OF MORE THAN ONE BILLION DOLLARS TO THE EDUCATION LOTTERY ACCOUNT FOR THE ENHANCEMENT OF EDUCATIONAL PROGRAMS THROUGHOUT THE STATE.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1379 (Word version) -- Senators Jackson, Matthews, Lourie, Anderson, Malloy, Elliott, Scott, Patterson, Hutto, Setzler, Rankin, Leventis, McGill and Cleary: A CONCURRENT RESOLUTION URGING AND REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO JOINTLY UNDERTAKE A STUDY OF THE TREATMENT OF OBESITY, INCLUDING THE COMPILATION OF DATA ON THE TREATMENT OF OBESITY THROUGH BARIATRIC SURGERY PERFORMED AT FACILITIES CERTIFIED BY THE AMERICAN SOCIETY FOR BARIATRIC SURGERY AS CERTIFIED BARIATRIC SURGERY CENTERS OF EXCELLENCE COMPARED TO FACILITIES NOT CERTIFIED BY THE AMERICAN SOCIETY FOR BARIATRIC SURGERY.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1380 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO COMMEND MR. RAYMOND CAUGHMAN OF LEXINGTON, ONE OF SOUTH CAROLINA'S MOST RESPECTED BUSINESS, CIVIC, AND CHURCH LEADERS, FOR A LIFETIME OF SERVICE TO HIS COMMUNITY AND STATE, AND FOR HIS FAITHFUL WORK IN HELPING FORM THE "COMMITTEE OF 100" FOR THE LUTHERAN MEN IN MISSION UPON THE OCCASION OF ITS THIRTIETH ANNIVERSARY.
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The Senate Resolution was adopted.

S. 1381 (Word version) -- Senators Jackson, Elliott, Anderson, Pinckney, Setzler, Bryant, Fair, Peeler, Grooms, Scott, Sheheen, Malloy, Lourie, Hutto, Leventis, O'Dell, Williams, Land, Leatherman, McGill, Martin, Hayes and Thomas: A SENATE RESOLUTION TO URGE GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES, AND THE CONGRESS TO TAKE SWIFT ACTION TO INVESTIGATE THE EXCESSIVE PROFITS OF OIL COMPANIES AND HOW THIS WILL IMPACT THESE COMPANIES.
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The Senate Resolution was adopted.

S. 1382 (Word version) -- Senators Sheheen, Lourie and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 1 SO AS TO ESTABLISH THE OFFICE OF STATE INSPECTOR GENERAL, AND TO PROVIDE THE QUALIFICATIONS, DUTIES, POWERS, AND RESPONSIBILITIES OF THIS OFFICE.
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Read the first time and referred to the Committee on Judiciary.

H. 3681 (Word version) -- Reps. Weeks, G. Brown, J. H. Neal, G. M. Smith and Coates: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-75 SO AS TO ALLOW THE UNIVERSITY OF SOUTH CAROLINA-SUMTER TO OFFER FOUR-YEAR DEGREES CONTINGENT ON FUNDING; AND TO AMEND SECTION 11-41-30, AS AMENDED, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE THE DEFINITION OF "PROJECT" TO INCLUDE THE UNIVERSITY OF SOUTH CAROLINA-SUMTER FOR THE PURPOSE OF IMPLEMENTATION OF ITS FOUR-YEAR DEGREES.

Read the first time and referred to the Committee on Education.

H. 3977 (Word version) -- Reps. Thompson, Simrill, Sandifer, Cobb-Hunter, Wilkins, Leach, Hosey, Altman, Emory, Hamilton, Harrison, Lucas, Martin, McGee, Merrill, J. M. Neal, Ott, Perry, M. A. Pitts, Scarborough, G. R. Smith, Taylor, Townsend, White, Whitmire, Mitchell, Coates, McLeod, Umphlett, Mahaffey, Battle, Ballentine, Clark and Clemmons: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING CHAPTER 23, SO AS TO ESTABLISH THE LAW ENFORCEMENT TRAINING COUNCIL, TO ESTABLISH A PROGRAM OF TRAINING FOR LAW ENFORCEMENT OFFICERS AND OTHER PERSONS EMPLOYED IN THE CRIMINAL JUSTICE SYSTEM, AND TO PROVIDE THAT THE COUNCIL SHALL OVERSEE THE ACTIVITIES OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; TO AMEND SECTION 6-11-340, RELATING TO PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO SUBSTITUTE "CRIMINAL JUSTICE ACADEMY" FOR "CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 23-28-30, AS AMENDED, RELATING TO TRAINING COURSES FOR RESERVE OFFICERS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 23-28-40, AS AMENDED, RELATING TO TRAINING PROVIDED FOR RESERVE OFFICERS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND "TRAINING COUNCIL" FOR "TRAINING ADVISORY COUNCIL"; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL (CRIMINAL JUSTICE ACADEMY)" FOR "CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND "LAW ENFORCEMENT TRAINING COUNCIL" FOR "DEPARTMENT OF PUBLIC SAFETY"; AND TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND TO REPEAL ARTICLE 9, CHAPTER 6, TITLE 23, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S DIVISION OF TRAINING AND CONTINUING EDUCATION.

Senator ALEXANDER asked unanimous consent to make a motion to place the Bill on the Calendar without reference.

Senator CAMPSEN objected.

Read the first time and referred to the Committee on Judiciary.

H. 4075 (Word version) -- Reps. Lucas and Vick: A BILL TO AMEND SECTION 11-35-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHEN A SCHOOL DISTRICT IS SUBJECT TO THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT IF A SCHOOL DISTRICT WHOSE BUDGET OF TOTAL EXPENDITURES, INCLUDING DEBT SERVICE, EXCEEDS SEVENTY-FIVE MILLION DOLLARS BECAUSE OF A ONE-TIME CONSTRUCTION PROJECT, THE SCHOOL DISTRICT IS EXEMPT FROM THE PROVISIONS OF THE CONSOLIDATED PROCUREMENT CODE.

Read the first time and referred to the Committee on Finance.

H. 4264 (Word version) -- Rep. Cotty: A BILL TO AMEND SECTIONS 59-111-110 AND 59-111-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO FREE TUITION FOR CHILDREN OF FIREMEN, LAW ENFORCEMENT OFFICERS, AND GOVERNMENTAL EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY, SO AS TO INCLUDE CERTAIN CHILDREN IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES.

Read the first time and referred to the Committee on Education.

H. 4661 (Word version) -- Reps. Harrell, Cooper, Clark, Frye, Haley, Harrison, Herbkersman, Hosey, Kirsh, Merrill, J. R. Smith, Vick, Anderson, Anthony, Bailey, Battle, Brady, Breeland, G. Brown, J. Brown, Ceips, Chalk, Clyburn, Dantzler, Davenport, Funderburk, Hagood, Hardwick, Hinson, Hodges, Jefferson, Littlejohn, Loftis, Lucas, McCraw, McGee, Miller, Norman, Ott, Parks, Perry, Phillips, M. A. Pitts, Rice, Sandifer, J. E. Smith, W. D. Smith, Talley, Taylor, White, Witherspoon, Young and Mitchell: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY ALL EARMARKED AND RESTRICTED ACCOUNTS OF THE STATE, TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES, TO REQUIRE THE COMMITTEE TO MAKE A REPORT OF ITS FINDINGS WITH RECOMMENDATIONS TO THE GENERAL ASSEMBLY, AND TO PROVIDE FOR ITS DISSOLUTION.

Read the first time and referred to the Committee on Finance.

H. 4691 (Word version) -- Reps. Chellis, Young, Cotty, Ceips, Ott, Sandifer and Whitmire: A BILL TO AMEND SECTIONS 6-1-530 AND 6-1-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USES ALLOWED FOR THE REVENUES OF THE LOCAL ACCOMMODATIONS TAX, SO AS TO ALLOW A COUNTY IN WHICH LESS THAN NINE HUNDRED THOUSAND DOLLARS A YEAR IN STATE ACCOMMODATIONS TAX IS COLLECTED TO USE NOT MORE THAN FIFTY PERCENT OF THE PREVIOUS YEAR'S LOCAL ACCOMMODATIONS TAX REVENUES FOR THE OPERATIONS AND MAINTENANCE PURPOSES ALLOWED BY LAW IN COUNTIES MEETING THE NINE HUNDRED THOUSAND DOLLAR THRESHOLD.

Read the first time and referred to the Committee on Finance.

H. 4831 (Word version) -- Reps. Cobb-Hunter, Young, Simrill and Whipper: A BILL TO AMEND SECTION 43-1-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY DOMESTIC VIOLENCE COORDINATING COUNCILS AND THEIR PURPOSE, MEMBERSHIP, AND DUTIES, SO AS TO PROVIDE THAT THE CIRCUIT SOLICITOR, RATHER THAN THE DEPARTMENT OF SOCIAL SERVICES, SHALL FACILITATE THE DEVELOPMENT OF THESE COUNCILS IN EACH COUNTY OR JUDICIAL CIRCUIT, TO ADD A REPRESENTATIVE OF THE DEPARTMENT OF SOCIAL SERVICES TO THE RECOMMENDED PARTICIPANTS ON THE COUNCILS, AND TO PROVIDE THAT MEMBERS ON SUCH COUNCILS SHALL ESTABLISH MEMORANDA OF AGREEMENT AMONG AND BETWEEN THESE MEMBERS.

Read the first time and referred to the Committee on Judiciary.

H. 4840 (Word version) -- Reps. Harrell, Cooper, Merrill, Ott, Haley, Funderburk, J. R. Smith, Limehouse, Davenport, Bales, Sinclair, Leach, Branham, Kirsh, Bannister, Battle, R. Brown, Cato, Ceips, Clark, Hosey, Littlejohn, Martin, Miller, Neilson, M. A. Pitts, Rivers, D. C. Smith, G. R. Smith, Vaughn, Mitchell, White, Brady and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "INDUSTRY PARTNERS ACT" BY ADDING SECTION 13-17-88, PROVIDING FOR A TARGET PROGRAM OF EXCELLENCE WITHIN EACH OF THE THREE SOUTH CAROLINA RESEARCH INNOVATION CENTERS AND TO FOCUS ON THE APPLICATION, DEVELOPMENT, AND COMMERCIALIZATION OF THE BASIC RESEARCH BEING UNDERTAKEN BY THE CENTERS, FOR FUNDING OF THE PROGRAMS WITH A VIEW TOWARD ATTRACTING INDUSTRY PARTNERS IN THEIR EFFORTS, FOR AN INDUSTRY PARTNERSHIP FUND OFFERING TAX CREDITS TO CONTRIBUTORS TOWARD THE EFFORTS, AND ADMINISTRATION AND IMPLEMENTATION BY THE SOUTH CAROLINA RESEARCH AUTHORITY; BY ADDING SECTION 12-6-3585 SO AS TO PROVIDE FOR THE PARAMETERS OF THE STATE INCOME TAX, INSURANCE PREMIUM TAX, OR LICENSE FEE CREDIT FOR CONTRIBUTIONS TO THE INDUSTRY PARTNERSHIP FUND; TO AMEND SECTION 13-17-40, AS AMENDED, RELATING TO MEMBERS OF THE BOARD OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO ADD THE DIRECTOR OF THE SAVANNAH RIVER NATIONAL LABORATORY TO THE BOARD AND TO PROVIDE FOR AN EXECUTIVE COMMITTEE AND DIRECTOR; TO AMEND SECTION 13-17-83, RELATING TO THE OPERATION OF EXISTING RESEARCH PARKS SO AS TO ALLOW, BUT NOT REQUIRE, THE STATE RESEARCH DIVISION TO OPERATE THEM; AND TO AMEND SECTION 13-17-87, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS, SO AS TO AUTHORIZE THE SCRIC TO FINANCE QUALIFIED COMPANIES, AND TO CLARIFY MATTERS OF LOCATION OF CENTERS AND APPOINTMENT OF DIRECTORS.

Read the first time and referred to the Committee on Finance.

H. 5049 (Word version) -- Reps. Bowers, R. Brown and Hodges: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD COLLETON COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD COLLETON COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.

Read the first time and referred to the Committee on Judiciary.

H. 5054 (Word version) -- Reps. Harvin, Kennedy, Bailey and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-825 SO AS TO PROVIDE THAT THE TOWN OF SUMMERTON MAY MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO THE INTERCHANGES OF INTERSTATE HIGHWAY 95 AND S 14-102 (EXIT 108) IN CLARENDON COUNTY.

Read the first time and referred to the Committee on Transportation.

H. 5063 (Word version) -- Reps. Bowers, R. Brown, Hodges, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Brady, Branham, Breeland, G. Brown, J. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE THE BRAVE MEN AND WOMEN OF COLLETON COUNTY WHO HAVE SERVED IN DEFENSE OF OUR NATION, AND JOIN THE CITIZENS OF COLLETON COUNTY AS THEY CELEBRATE THE GRAND OPENING OF THE VETERANS VICTORY HOUSE NURSING HOME IN THE CITY OF WALTERBORO.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5068 (Word version) -- Reps. Rutherford, Harrell, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE GRATITUDE OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE PARTICIPATING RESTAURANTS WHO GENEROUSLY OFFERED UP THE FINEST AND TASTIEST SOUTHERN CUISINE ON THE GROUNDS OF THE STATEHOUSE AT THE SOUTH CAROLINA HOSPITALITY ASSOCIATION'S TASTE OF SOUTH CAROLINA LEGISLATIVE LUNCHEON, WEDNESDAY, APRIL 19, 2006.

The Concurrent Resolution was adopted, ordered returned to the House.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Joint Resolution was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4581 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF NURSING, RELATING TO NURSE LICENSURE COMPACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 3035, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 792 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-485 SO AS TO PROVIDE THAT THE CREATION OF A PROTECTED CELL DOES NOT CREATE A LEGAL PERSON SEPARATE FROM A SPECIAL PURPOSE FINANCIAL CAPTIVE (SPFC); BY ADDING SECTION 38-90-515 SO AS TO PROVIDE THAT SECURITIES ISSUED BY A SPFC PURSUANT TO INSURANCE SECURITIZATION MAY NOT BE CONSIDERED TO BE INSURANCE OR INSURANCE CONTRACTS; TO AMEND SECTION 38-13-400, RELATING TO THE REPORT REQUIRED TO BE FILED DISCLOSING MATERIAL ACQUISITIONS AND DISPOSITIONS OF ASSETS OR MATERIAL NONRENEWALS, CANCELLATIONS, OR REVISIONS OF CEDED REINSURANCE; TO AMEND SECTION 38-13-410, RELATING TO REPORTING AN INSURER'S ACQUISITIONS OR DISPOSITIONS OF ASSETS, SO AS TO ADD HEALTH MAINTENANCE ORGANIZATIONS TO THE REPORTING REQUIREMENTS; TO AMEND SECTION 38-13-420, RELATING TO REPORTING NONRENEWALS, CANCELLATIONS, OR REVISIONS OF CEDED REINSURANCE AGREEMENTS, SO AS TO ADD HEALTH MAINTENANCE ORGANIZATIONS TO THE REPORTING REQUIREMENTS; TO AMEND SECTION 38-71-880, AS AMENDED, RELATING TO MEDICAL AND SURGICAL BENEFITS AND MENTAL BENEFITS COVERAGE, SO AS TO CHANGE THE DATE FOR THE APPLICABILITY OF BENEFITS FOR SERVICES FURNISHED; TO AMEND SECTION 38-71-1410, RELATING TO THE SOUTH CAROLINA SMALL EMPLOYER INSURER REINSURANCE PROGRAM, SO AS TO ESTABLISH CODE REFERENCES FOR SELECTING A LICENSED ADMINISTRATOR INSTEAD OF AN ADMINISTERING INSURER; TO AMEND SECTION 38-73-220, RELATING TO THE APPROVAL PROCESS FOR INSURANCE RATE LEVEL CHANGES, SO AS TO CHANGE CODE REFERENCES FROM THE ARTICLE TO THE CHAPTER; TO AMEND SECTION 38-73-240, RELATING TO RATE FILINGS WHERE THE LINE OF INSURANCE IS DECLARED COMPETITIVE, SO AS TO CHANGE CODE REFERENCES FROM ARTICLE TO CHAPTER; TO AMEND SECTION 38-73-260, RELATING TO THE APPROVAL PROCESS FOR INSURANCE RATE LEVEL CHANGES, SO AS TO CHANGE CODE REFERENCES FROM ARTICLE TO CHAPTER; TO AMEND SECTION 38-73-270, RELATING TO THE CONSUMER INFORMATION SYSTEM FOR VARIOUS TYPES OF INSURANCE COVERAGE, SO AS TO CHANGE CODE REFERENCES FROM ARTICLE TO CHAPTER; TO AMEND SECTION 38-74-30, AS AMENDED, RELATING TO ELIGIBILITY FOR COVERAGE UNDER THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO FURTHER DEFINE COVERAGE FOR AN INDIVIDUAL UNDER THE AGE OF SIXTY-FIVE; TO AMEND SECTION 38-74-60, AS AMENDED, RELATING TO COVERAGE UNDER THE POOL'S MAJOR EXPENSE PROVISIONS, SO AS TO PROVIDE MEDICARE SUPPLEMENTAL HEALTH INSURANCE COVERAGE TO AN INDIVIDUAL FOR REASONS OTHER THAN AGE; TO AMEND SECTION 38-77-530, RELATING TO THE PLAN OF OPERATION OF THE REINSURANCE FACILITY, SO AS TO AUTHORIZE THE GOVERNING BOARD OF THE FACILITY TO DECLARE AN ASSESSMENT ON INSURERS; TO AMEND SECTION 38-77-580, RELATING TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, SO AS TO CHANGE THE COMPOSITION OF THE BOARD; TO AMEND SECTION 38-90-40, AS AMENDED, RELATING TO CAPITALIZATION AND SECURITY REQUIREMENTS FOR A CAPTIVE INSURANCE COMPANY, SO AS TO AUTHORIZE THE DIRECTOR OF INSURANCE TO ISSUE A LICENSE TO A CAPTIVE INSURANCE COMPANY IF THE COMPANY PROVIDES THE DIRECTOR WITH EVIDENCE OF MINIMUM REQUIRED UNIMPAIRED PAID-IN CAPITAL; TO AMEND SECTION 38-90-50, AS AMENDED, RELATING TO FREE SURPLUS REQUIREMENTS FOR A CAPTIVE INSURANCE COMPANY, SO AS TO AUTHORIZE THE DIRECTOR OF INSURANCE TO ISSUE A LICENSE TO A CAPTIVE INSURANCE COMPANY CONDITIONED ON EVIDENCE OF MINIMUM REQUIRED FREE SURPLUS; TO AMEND SECTION 38-90-100, AS AMENDED, RELATING TO APPLICABILITY OF INVESTMENT REQUIREMENTS FOR AN ASSOCIATION CAPTIVE INSURANCE COMPANY AND AN INDUSTRIAL INSURED CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE A REFERENCE FROM AN INDUSTRIAL INSURED CAPTIVE INSURANCE COMPANY TO A CAPTIVE INSURANCE COMPANY AND ADD A REFERENCE TO A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-140, AS AMENDED, RELATING TO THE TAX REQUIRED TO BE PAID TO THE DEPARTMENT OF INSURANCE BY A CAPTIVE INSURANCE COMPANY, SO AS TO CLARIFY ON WHAT THE TAX IS PAYABLE AND ESTABLISH A MAXIMUM TAX; TO AMEND SECTION 38-90-175, RELATING TO THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND, SO AS TO INCREASE FROM TEN TO TWENTY PERCENT THE AMOUNT OF FUNDS THE DEPARTMENT OF INSURANCE SHALL TRANSFER INTO THE FUND; TO AMEND SECTION 38-90-420, RELATING TO DEFINITIONS USED REGARDING SPECIAL PURPOSE FINANCIAL CAPTIVE INSURANCE COMPANIES, SO AS TO ADD THE DEFINITIONS OF "ADMINISTRATIVE LAW COURT", "CONTESTED CASE", AND "THIRD PARTY", AND CHANGE THE DEFINITION OF "INSOLVENCY"; TO AMEND SECTION 38-90-430, RELATING TO THE RELATIONSHIP OF ARTICLE 3, CHAPTER 90, TITLE 38 (SPECIAL PURPOSE FINANCIAL CAPTIVES) TO OTHER TITLE 38 PROVISIONS, SO AS TO ADD A REFERENCE TO A SPFC'S PROTECTED CELL; TO AMEND SECTION 38-90-440, RELATING TO THE REQUIREMENTS OF A SPFC TO TRANSACT BUSINESS IN THIS STATE, SO AS TO CHANGE AND ADD CERTAIN REQUIREMENTS; TO AMEND SECTION 38-90-450, RELATING TO ORGANIZATIONAL REQUIREMENTS OF A SPFC, SO AS TO DELETE THE REQUIREMENT THAT CAPITAL STOCK OF A SPFC MUST BE ISSUED AT NOT LESS THAN PAR VALUE; TO AMEND SECTION 38-90-480, RELATING TO THE ESTABLISHMENT OF PROTECTED CELLS BY A SPFC, SO AS TO CHANGE THE PROCEDURE FOR ESTABLISHING PROTECTED CELLS; TO AMEND SECTION 38-90-550, RELATING TO A MATERIAL CHANGE OF A SPFC'S PLAN OF OPERATION, SO AS TO REQUIRE A STATEMENT OF OPERATIONS BE FILED IF APPROVED OR REQUIRED RATHER THAN REQUESTED BY THE DIRECTOR OF INSURANCE; TO AMEND SECTION 38-90-570, RELATING TO THE EXPIRATION OF AUTHORITY GRANTED BY THE DIRECTOR OF INSURANCE ON CESSATION OF BUSINESS, SO AS TO AUTHORIZE THAT THE DIRECTOR SUSPEND OR REVOKE THE LICENSE OF A SPFC FOR FAILURE TO MEET THE PROVISIONS OF SECTION 38-90-480(D); TO AMEND SECTION 38-90-600, RELATING TO THE AUTHORITY OF THE DIRECTOR OF INSURANCE TO PETITION THE CIRCUIT COURT FOR AN ORDER TO CONSERVE, REHABILITATE, OR LIQUIDATE A SPFC DOMICILED IN THIS STATE FOR CERTAIN GROUNDS, SO AS TO ADD ADDITIONAL GROUNDS; TO AMEND SECTION 38-90-620, RELATING TO STANDARDS AND CRITERIA APPLICABLE IN A CONTESTED CASE BROUGHT BY A THIRD PARTY BASED ON THE DECISION OF THE DIRECTOR OF INSURANCE INVOLVING A SPFC, SO AS TO MODIFY THE STANDARDS AND CRITERIA; TO AMEND ACT 154 OF 1997, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO DELAY THE REPEAL OF ARTICLE 5, CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, FROM JANUARY 1, 2006 TO JANUARY 1, 2010; AND TO AMEND ACT 291 OF 2004, RELATING TO VARIOUS AMENDMENTS TO THE INSURANCE LAW, SO AS TO DELAY THE EFFECTIVE DATE OF SECTION 38-43-106(H) OF THE 1976 CODE FROM MAY 1, 2006 TO MAY 1, 2010.

Senator THOMAS asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

S. 1370 (Word version) -- Senator Drummond: A BILL TO AMEND ACT 145 OF 2001, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF NINETY SIX SCHOOL DISTRICT 52 IN GREENWOOD COUNTY, TO PROVIDE THAT IF THE NUMBER OF CANDIDATES FOR THE BOARD OF TRUSTEES IS EQUAL TO OR LESS THAN THE NUMBER OF POSITIONS TO BE FILLED, THE COUNTY ELECTION COMMISSION SHALL DECLARE THOSE CANDIDATES ELECTED.

By prior motion of Senator DRUMMOND

S. 1307 (Word version) -- Senators Malloy, Ritchie, Sheheen and Martin: A BILL TO AMEND SECTION 33-14-107, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNKNOWN CLAIMS AGAINST DISSOLVED CORPORATIONS, SO AS TO STANDARDIZE THE TIME FOR ENFORCING THE CLAIM AS TEN YEARS AFTER PUBLICATION OF THE NEWSPAPER NOTICE.

S. 1318 (Word version) -- Senators Anderson and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 TO CHAPTER 7, TITLE 44 SO AS TO ENACT THE "HOSPITAL INFECTIONS DISCLOSURE ACT" AND TO REQUIRE HOSPITALS AND AMBULATORY SURGICAL FACILITIES TO COLLECT DATA AND SUBMIT REPORTS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING HOSPITAL ACQUIRED INFECTIONS, TO PROVIDE FOR AN ADVISORY COMMITTEE TO ASSIST THE DEPARTMENT IN DEVELOPING THE METHODOLOGY FOR DATA COLLECTION AND ANALYSIS, TO PROVIDE SANCTIONS FOR FAILURE TO COMPLY, TO PROVIDE FOR PATIENT PRIVACY, AND TO PROVIDE FOR PUBLICATION AND AVAILABILITY OF THESE REPORTS TO THE PUBLIC.

By prior motion of Senator ANDERSON, with unanimous consent

S. 1363 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 35-1-405 OF THE 1976 CODE, RELATING TO THE S.C. UNIFORM SECURITIES ACT OF 2005, FEDERAL COVERED INVESTMENT ADVISER NOTICE FILING REQUIREMENTS, SO AS TO PROVIDE THE CORRECT CITATION; AND TO AMEND SECTION 35-1-702, RELATING TO FEES, SO AS TO PROVIDE THAT THE CORRECT FEE FOR A BROKER-DEALER RENEWAL IS ONE HUNDRED TEN DOLLARS.

S. 1258 (Word version) -- Senators Fair and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-220 SO AS TO ESTABLISH A PROCEDURE TO ALLOW AN INMATE WHO IS CONFINED IN A DEPARTMENT OF CORRECTIONS' FACILITY TO ATTEND THE FUNERAL SERVICE OF CERTAIN INDIVIDUALS AND VISIT CERTAIN INDIVIDUALS UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 24-3-210, AS AMENDED, RELATING TO FURLOUGHS FOR CERTAIN INMATES, SO AS TO DELETE THE PROVISION THAT ALLOWS AN INMATE TO ATTEND THE FUNERAL OF CERTAIN PERSONS.

S. 1287 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 56-23-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVER INSTRUCTOR PERMITS, SO AS TO PROVIDE THAT PRIVATE HIGH SCHOOL INSTRUCTORS ARE NOT REQUIRED TO PAY A FEE FOR A DRIVER INSTRUCTOR PERMIT.

Senator VERDIN explained the Bill.

S. 1346 (Word version) -- Senator Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-115 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL PROVIDE PUBLIC NOTICE PRIOR TO THE ISSUANCE OF A CONSTRUCTION PERMIT FOR A FACILITY THAT STORES SLUDGE OR OTHER RESIDUALS AND THAT IS NOT LOCATED AT THE SITE OF AN EXISTING WASTEWATER OR SLUDGE TREATMENT FACILITY.

By prior motion of Senator SHEHEEN, with unanimous consent

S. 1365 (Word version) -- Senator Ryberg: A BILL TO AMEND CHAPTER 5, TITLE 57 OF THE 1976 CODE BY ADDING SECTION 57-5-1626, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY AWARD HIGHWAY CONSTRUCTION CONTRACTS USING A DESIGN-BUILD PROCEDURE, TO PROVIDE FOR CONTRACT SELECTION CRITERIA, AND TO REPEAL SECTION 57-5-1625.

By prior motion of Senator RYBERG, with unanimous consent

S. 518 (Word version) -- Senators Short, Jackson, Ford, Matthews and Alexander: A BILL TO AMEND TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 20 SO AS TO ENACT THE "CONSUMER IDENTITY THEFT PROTECTION ACT", TO PROHIBIT CERTAIN CHARGES BY A CONSUMER CREDIT REPORTING AGENCY, TO PROVIDE FOR THE ESTABLISHMENT OF AN IDENTITY THEFT DATABASE, TO PROVIDE AN EXPEDITED COURT PROCEDURE FOR CLEARING THE NAME OF AN IDENTITY THEFT VICTIM, TO PROVIDE STRICT REQUIREMENTS FOR IDENTITY VERIFICATION BY A CREDIT CARD ISSUER, TO PROVIDE FOR THE BLOCKING OF INACCURATE CREDIT REPORT INFORMATION RESULTING FROM IDENTITY THEFT, TO PROVIDE A PERSON RECEIVING A SELLER OR LENDER CREDIT CARD SOLICITATION IS NOT LIABLE FOR THE UNAUTHORIZED USE OF THE CREDIT CARD UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT THE CREDIT AGENCY'S NOTICE AND REPORTING REQUIREMENTS CONFORM TO THOSE OF THE FEDERAL FAIR CREDIT REPORTING ACT.

Senator THOMAS asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senators HUTTO and THOMAS proposed the following amendment (AGM\18446MM06), which was adopted:

Amend the bill, as and if amended, Section 37-20-190(A) as found in Section 2, page 11, line 39, by deleting / all /;

Amend the bill, further, Section 37-20-190(B)(1)(a) as found in Section 2, page 12, line 5, by deleting the line in its entirety and inserting:

/ cannot practicably be read or reconstructed; and /

Amend the bill, further, Section 37-20-200 as found in SECTION 2, page 13, by adding an appropriately lettered subsection   at the end to read:

/   ( )   This section is not intended, and must not be construed, to confer liability on a person who acts reasonably and who   does not act wilfully or grossly negligent. /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.

S. 881 (Word version) -- Senator Ritchie: A BILL TO AMEND ARTICLES 1 AND 3, CHAPTER 47 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF PHYSICIANS, SURGEONS, AND OSTEOPATHS, TO PROVIDE FOR THE COMPOSITION OF THE STATE BOARD OF MEDICAL EXAMINERS, ITS POWERS AND DUTIES; PROVIDE FOR THE MEDICAL DISCIPLINARY COMMISSION, ITS COMPOSITION, POWERS, AND DUTIES; DEFINE CERTAIN TERMS; PROVIDE THAT OSTEOPATHIC PHYSICIANS AND SURGEONS HAVE THE SAME RIGHTS AND PRIVILEGES AS PHYSICIANS AND SURGEONS OF OTHER SCHOOLS OF MEDICINE WITH RESPECT TO CERTAIN CIRCUMSTANCES; PROVIDE THE RESTRICTIONS ON PRACTICING MEDICINE AND PROVIDE FOR LICENSED AND UNLICENSED PERSONS; PROVIDE FOR LICENSING AND A COMPREHENSIVE LICENSING PROCEDURE INCLUDING INITIAL LICENSURE, REINSTATEMENT, REACTIVATION, AND RENEWAL, PROVIDE CONTINUING EDUCATION REQUIREMENTS, PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL REVIEW CERTAIN ACTIONS OF THE BOARD UPON PETITION OF THE APPLICANT OR LICENSEE; PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROVIDE CERTAIN OPERATIONS AND ACTIVITIES TO THE BOARD; PROVIDE THAT PRACTITIONERS SHALL CONDUCT THEMSELVES ACCORDING TO THE CODE OF ETHICS ADOPTED BY THE BOARD; PROVIDE THAT THE DEPARTMENT SHALL INVESTIGATE COMPLAINTS AND VIOLATIONS AND PROVIDE THE BOARD WITH THE AUTHORITY NECESSARY TO FULLY INVESTIGATE COMPLAINTS AND VIOLATIONS; PROVIDE ADDITIONAL GROUNDS FOR DISCIPLINARY ACTION AND DEFINE WHEN A LICENSEE HAS COMMITTED MISCONDUCT; PROVIDE THE PROCEDURE FOR HOW THE BOARD SHALL REVOKE, SUSPEND, OR RESTRICT A LICENSE OF LIMIT OR DISCIPLINE A LICENSEE WITH THE RIGHT OF REVIEW BY THE ADMINISTRATIVE LAW COURT; PROVIDE FOR A PROFESSIONAL COMPETENCY, MENTAL, OR PHYSICAL EXAMINATION AND THE CONFIDENTIALITY OF THE EXAMINATION; PROVIDE THE JURISDICTION OF THE BOARD; PROVIDE FOR THE PROCEDURE FOR AN INITIAL COMPLAINT AND AN INVESTIGATION REGARDING PROFESSIONAL MISCONDUCT; PROVIDE FOR WHEN A FORMAL COMPREHENSIVE DISCIPLINARY PROCESS INCLUDING DISCIPLINARY ACTIONS THE BOARD MAY TAKE; PROVIDE THAT A PERSON MAY NOT PRACTICE UNTIL FINAL ACTION IN THE DISCIPLINARY MATTER IF HE VOLUNTARILY SURRENDERS HIS AUTHORIZATION TO PRACTICE WHILE UNDER INVESTIGATION OF A VIOLATION; FINAL DECISION BY THE BOARD MAY BE REVIEWED BY THE ADMINISTRATIVE LAW COURT; AND PROVIDE THAT THE DEPARTMENT, IN ADDITION TO INSTITUTING A CRIMINAL PROCEEDING, MAY INSTITUTE A CIVIL ACTION THROUGH THE ADMINISTRATIVE LAW COURT FOR INJUNCTIVE RELIEF AGAINST A PERSON OR ENTITY FOR CERTAIN VIOLATIONS. (ABBREVIATED TITLE)

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senators VERDIN and RITCHIE proposed the following amendment (JUD0881.001), which was adopted:

Amend the bill, as and if amended, pages [881-38] and [881-39], by striking Section 40-47-116 in its entirety and inserting:

/   Section 40-47-116.   (A) An initial complaint may be made by any person or the administrator of the board or director of the department based upon information considered reliable. The initial complaint must be dated, signed by the person making the complaint or the administrator or director when appropriate, and must identify the subject of the complaint and contain a brief summary of the nature of the complaint. Initial complaints must be filed with the director, or his designee, who may cause an investigation to be made into the allegation of professional misconduct. If the initial complaint on its face does not demonstrate an allegation of misconduct pursuant to this chapter, an investigation may not ensue. If the initial complaint does not demonstrate an allegation of misconduct pursuant to this chapter after investigation, the initial complaint may be dismissed. The department shall notify in writing the person initially complaining of the reason for dismissing the initial complaint. Except as provided in Section 40-47-190, the identity of the person making the initial complaint must remain privileged and confidential and must not be disclosed for use in any administrative or judicial proceeding of any kind. If a formal complaint is authorized, the identity of the initial complainant must continue to remain privileged and confidential, and must not be disclosed during the conduct of formal proceedings, upon administrative or judicial review, or at any time after that for use in any administrative or judicial proceeding of any kind, unless the initial complainant testifies as a witness in the formal proceedings.

(B)   Prior to authorization of a formal complaint, the department must provide an opportunity for the respondent to have an informal conference concerning the alleged misconduct with representatives of the department, including a physician designated by the board. The respondent may be represented by counsel at the conference. Communications during the informal hearing shall be confidential. The parties shall maintain the confidentiality of the informal conference and shall not rely on, or introduce as evidence in any proceedings, any oral or written communications having occurred during the informal conference, unless such communications are obtained by means other than the informal conference.       /

Renumber sections to conform.

Amend title to conform.

Senator VERDIN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.

S. 1243 (Word version) -- Senators Rankin, Bryant, Peeler, Setzler, Knotts, Land, Williams, Cromer, Hutto, Elliott, Scott, Richardson, Ritchie, Short, Thomas and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-32-260 SO AS TO PROVIDE FOR THE PREPARATION AND SUPERVISION OF THE CLOSING DOCUMENTS AND THE CLOSING OF A PURCHASE AND SALE OF AN INTEREST IN A VACATION TIME SHARING PLAN, AND TO EXEMPT THE TRANSACTION FROM THE ATTORNEY PREFERENCE REQUIREMENT IN THE CONSUMER PROTECTION CODE IF THE CLOSING DOCUMENTS CONTAIN A CONSPICUOUS DISCLOSURE TO A PARTY TO A PURCHASE AND SALE OF AN INTEREST IN A VACATION TIME SHARING PLAN OF THE NEED TO UNDERSTAND HIS RIGHTS AND OBLIGATIONS PURSUANT TO THE CLOSING DOCUMENTS; AND TO AMEND SECTION 27-32-10, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH A VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF "CONTRACT".

Senator RANKIN asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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 (JUD1243.003), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting language and inserting therein the following:

/   SECTION   1.   Chapter 32, Title 27 of the 1976 Code is amended by adding:

Section 27-32-400.   This article may be cited as the 'Time Sharing Transaction Procedures Act'.

Section 27-32-405.   The General Assembly declares that the purposes of this article are to recognize that:

(A)   timeshare estates are interests in real property and have been so created and designated by a specific act of the legislature codified in Chapter 32, Title 27 of the 1976 Code;

(B)   timeshare estates are used for a vacation experience and may not be used for homestead purposes;

(C)   timeshare estates, while interests in residential real property, are statutorily prohibited from being used for homestead purposes, are not offered for investment purposes, do not include many typical rights afforded owners of interests in residential real property such as rights to continuous exclusive possession and partition and are typically purchased and sold as fungible vacation commodities;

(D)   timeshare estates located in South Carolina are sold primarily to non-residents;

(E)   the purchaser of an interest in a vacation time sharing plan in this State is afforded significant and unique consumer protections not available to purchasers of other forms of real property;

(F)   the process involved in the purchase and sale of interests in a vacation time sharing plan is unlike traditional residential real property and, due to the provisions of this act, require unique practices and procedures;

(G)   as part of each sale of an interest in a vacation time sharing plan, every purchaser must be given a comprehensive disclosure document that includes the material terms and conditions of the vacation time sharing plan;

(H)   purchasers of interests in a vacation time sharing plan have an unqualified five-day pre-closing right of rescission;

(I)   each developer of a vacation time sharing plan must place all purchaser funds in escrow, or otherwise secure such funds, prior to the expiration of the five-day rescission period and before the time share closing can occur;

(J)   the South Carolina legislature specifically established the South Carolina Vacation Time Sharing Recovery Fund in order to provide additional redress for aggrieved purchasers of interests in a vacation time sharing plan in South Carolina;

(K)   prior to the sale or offering of an interest in a vacation time sharing plan in South Carolina, the vacation time sharing plan, and the documents used in connection therewith, must be submitted to the South Carolina Real Estate Commission for its review and approval;

(L)   the South Carolina Real Estate Commission, as part of its regulatory mandate, scrutinizes the practices and procedures of persons developing or selling interests in vacation time sharing plans in this State; and

(M)   the economic health and continued stability of the vacation time sharing industry should be subject to the clear identification of various procedures involved in the purchase and sale of an interest in a vacation time sharing plan and the time share closing itself.

Section 27-32-410.   (A)   The time share closing is hereby considered to occur after the last of the following events: (i) the deed and other applicable instruments are submitted for recordation, (ii) six months after the execution of an installment sales contract, if applicable, or (iii) the closing date specified in the executed documents. The documents conveying rights and interests in time share real property must not be presented to a time share purchaser before the closing of an interest in a vacation time sharing plan in this State unless the form of the document is prepared under the supervision of an attorney licensed in this State. An attorney licensed in this State shall supervise the time share closing of a sale of an interest in a vacation time sharing plan located in this State by: (i) supervising the examination of title to the interest, (ii) physically reviewing before closing the executed transaction documents including, but not limited to, the following, as applicable: the deed, installment sales contract, mortgage, and promissory note, and (iii) supervising the recording of all instruments involved in the time share closing. The time share closing is hereby deemed to occur after the last of the following events: (i) the deed and other applicable instruments are submitted for recordation, (ii) six months after the execution of an installment sales contract, if applicable, or (iii) the closing date specified in the executed documents.

(B)   Notwithstanding any other provision of law, a credit sale or loan made by a seller to finance the purchase of an interest in a vacation time sharing plan located in this State must be accompanied by a conspicuous notice delivered to the purchaser at or before the time of the execution of the purchase contract for an interest in a vacation time sharing plan, which notice may be included in the purchase contract or in a separate document, substantially in the following form and in conspicuous type (meaning bold type in upper and lower case letters [but in no event in all upper case letters] two point sizes larger than the largest nonconspicuous type, exclusive of headings, on the page on which it appears but in at least 10-point type):

The South Carolina licensed attorney under whose supervision the form of the transaction documents were reviewed and prepared on behalf of seller is: [insert name, address, and telephone number]. Before the closing, you will review, approve, and sign important documents. What those documents say is important to you. They can affect any rights you might have. They can affect what you will have to do during this transaction. South Carolina's Vacation and Time Sharing Act gives you that right. You have an absolute right to consult an attorney of your choosing, at your own expense, if you have any questions or concerns about this purchase or about what those documents say. If you choose to have an attorney represent you, you must notify seller of the name of that attorney.

You have five days to cancel this contract. The details of your cancellation rights are provided for in your purchase contract.

You have the ability to waive your right to have an attorney represent you in all phases of this transaction. You can withdraw this waiver at any time prior to closing and indicate to the seller that you are withdrawing your waiver and provide the name of the attorney representing you. Your waiver must be in writing. You may indicate your waiver by signing the statement below:

I/we having been provided this notice of my/our right to have an independent South Carolina attorney represent me/us during all aspects of this transaction, knowingly and voluntarily waive such right this day of , 20 .

(C)   By providing the disclosure set forth above, the transaction shall be exempt from the requirements of Section 37-10-102.

(D)   The provisions of this section apply only to the purchase and sale of an interest in a vacation time sharing plan and the time share closing related to it."

SECTION   2.   Section 27-32-10(3) of the 1976 Code is amended to read:

"(3)   'Contract' means any contract, promissory note, credit agreement, negotiable instrument, lease, use agreement, license, security, or other muniment conferring on the purchaser the rights, benefits, and obligations of a vacation time sharing plan the agreement between the seller and a purchaser: (a) setting forth the terms and conditions of the purchase and sale of an ownership interest in a vacation time sharing ownership plan, or (b) setting forth the terms and conditions of the purchase and sale of a lease or other right-to-use interest in a vacation time sharing lease plan."

SECTION   3.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.

The following Bills, having been read the second time, were ordered placed on the Third Reading Calendar:

S. 1049 (Word version) -- Senators Ritchie, Ford, Mescher, Knotts, Bryant and Campsen: A BILL TO AMEND SECTION 16-17-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DISTURBING SCHOOLS, SO AS TO PROVIDE GREATER SPECIFICITY FOR THE TYPES OF CONDUCT WHICH CONSTITUTE THE OFFENSE AND TO PROVIDE FOR INTERVENTION BY SCHOOL OFFICIALS PRIOR TO REFERRING SOME CASES TO COURT.

Senator RITCHIE asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

On motion of Senator RITCHIE, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading.

On motion of Senator RITCHIE, with unanimous consent, S. 1049 was ordered to receive a third reading on Friday, April 28, 2006.

S. 1356 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 62-7-405, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARITABLE TRUSTS, SO AS TO PROVIDE THAT CHARITABLE TRUSTS ARE NOT REQUIRED TO BE FILED WITH THE ATTORNEY GENERAL UNLESS REQUIRED BY STATUTE, RULE, OR REGULATION.

Senator HUTTO explained the Bill.

On motion of Senator HUTTO, with unanimous consent, S. 1356 was ordered to receive a third reading on Friday, April 28, 2006.

S. 601 (Word version) -- Senators Fair, Knotts, Thomas, Verdin, Cromer, O'Dell, Hayes, Land, Bryant, McGill and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14, TITLE 24 SO AS TO CREATE THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, INCLUDING TO PROVIDE THAT DECISIONS OF THE BOARD MUST BE RENDERED BY FIVE-MEMBER PANELS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO REMOVAL OF GUBERNATORIAL APPOINTEES FROM OFFICE, SO AS TO CONFORM THIS SECTION TO THE PROVISIONS OF THIS ACT; TO AMEND SUBARTICLE 17, ARTICLE 30, CHAPTER 7, TITLE 20, RELATING TO JUVENILE PAROLE AND AFTER CARE, SO AS TO PROVIDE THAT THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY SHALL DETERMINE THE RELEASE OF JUVENILE OFFENDERS WHO HAVE COMMITTED CLASS A, B, C, AND D FELONIES AND OTHER ENUMERATED OFFENSES, TO PROVIDE THAT THE DEPARTMENT OF JUVENILE JUSTICE SHALL DETERMINE THE RELEASE OF JUVENILES WHO HAVE COMMITTED STATUS OFFENSES, AND OTHER OFFENSES NOT UNDER THE PURVIEW OF THE SOUTH CAROLINA PARDON AND PAROLE AUTHORITY, AND TO TRANSFER THE REMAINING POWERS AND DUTIES OF THE JUVENILE PAROLE BOARD TO THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY; TO AMEND SECTIONS 20-7-6910 AND 20-7-7810 AND 20-7-7815, BOTH AS AMENDED, AND 20-7-8025, ALL RELATING TO PROVISIONS CONTAINING REFERENCES TO THE JUVENILE PAROLE BOARD, SO AS TO CONFORM THESE PROVISIONS TO THE PROVISIONS OF THIS ACT; TO ADD SECTION 20-7-8522 SO AS TO PROVIDE THAT JUVENILE RECORDS MUST BE PROVIDED TO THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY FOR CONSIDERATION OF RELEASE FOR AN ADULT OFFENDER WHO HAD A JUVENILE RECORD; TO AMEND ARTICLE 1, CHAPTER 21, TITLE 24, RELATING TO THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO TRANSFER THE POWERS AND DUTIES OF THIS BOARD TO THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY; TO AMEND ARTICLES 7 AND 11 OF CHAPTER 21, TITLE 24, RELATING TO PROCEDURES AND REQUIREMENTS FOR PAROLE AND PARDON, SO AS TO CONFORM PROVISIONS IN THESE ARTICLES TO THE PROVISIONS OF THIS ACT; TO AMEND SECTIONS 24-13-1520, 24-21-220, 24-21-221, 24-21-280, 24-21-300, 24-21-480, 24-21-540, ALL AS AMENDED, SECTIONS 24-22-30, 24-22-40, AND 24-23-30, ALL RELATING TO VARIOUS PROVISIONS CONCERNING THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO CONFORM THESE PROVISIONS TO THE PROVISIONS OF THIS ACT; TO AMEND SECTIONS 44-48-30, 44-48-40, AND 44-48-50, ALL AS AMENDED, AND ALL RELATING TO PROVISIONS CONTAINING REFERENCES TO THE JUVENILE PAROLE BOARD AND THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO CONFORM THESE PROVISIONS TO THE PROVISIONS OF THIS ACT; AND TO REPEAL SUBARTICLE 5, ARTICLE 30, CHAPTER 7, TITLE 20, RELATING TO THE JUVENILE PAROLE BOARD.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Corrections and Penology.

The Committee on Corrections and Penology proposed the following amendment (NBD\11735AC05), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION   1.   Title 24 of the 1976 Code is amended by adding:

Section 24-14-10.   (A)   There is created the South Carolina Parole and Pardon Authority composed of nine members who must be appointed by the Governor with the advice and consent of the Senate. The Director of the Department of Juvenile Justice and the Director of the Department of Probation, Parole, and Pardon Services, or their designees, shall serve ex officio as nonvoting members of the authority for matters concerning their respective offenders only.

(B)   Members of the authority shall serve terms of six years and until their successors are appointed and qualify. Members may serve no more than two consecutive full terms.

(C)   Members may not be compensated for service on the authority but are entitled to receive mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions and actual and necessary expenses incurred pursuant to the discharge of official duties.

(D)   The authority shall elect from among its members a chairman who shall serve a one year term and who may serve only two consecutive terms as chairman. The authority may adopt rules and procedures for governance of its operations, and the chairman shall fix a time and place of meetings.

(E)   Members may be removed by their respective appointing authorities pursuant to Section 1-3-240(C), mutatis mutandis.

Section 24-14-15.   The South Carolina Pardon and Parole Authority shall hear and determine cases for parole and pardon, and any other form of clemency provided for by law, of:

(1)   juveniles in the custody of the Department of Juvenile Justice adjudicated delinquent for class A, B, C, and D felonies, assault and battery of a high and aggravated nature, criminal sexual conduct in the third degree, assault with intent to commit criminal sexual conduct in the third degree, stalking, as defined in Section 16-3-1730(B), and violation of probation for Class A, B, C, and D felonies and of juveniles committed three or more times to the Department of Juvenile Justice; and

(2)   all other offenders, except youthful offenders, in penal or correctional institutions in this State.

Section 24-14-20.   (A)   Except as otherwise provided for in this chapter parole and pardon hearings must be conducted by the chairman of the authority, or his designee, with five members of the authority assigned to each hearing on a random, rotating basis, and the Director of the Department of Juvenile Justice or the Director of the Department of Probation, Parole, and Pardon Services, or their designees, must be in attendance as provided for in Section 24-14-10(A).

(B)   Individual votes of members of the authority are confidential and not subject to disclosure to the public; however, the cumulative votes of each member of the authority must be compiled by categories of offenses established by the authority including, but not limited to, violent and nonviolent offenses, and this information must be available to the public in accordance with the Freedom of Information Act.

(C)   Members of the authority shall refrain from ex parte communication of a substantive nature prior to conducting a hearing on a case.

Section 24-14-30.   (A)   Recognizing the need to maintain autonomy and to provide a check and balance system, the South Carolina Parole and Pardon Authority shall employ an executive director of parole who is responsible for scheduling parole hearing and other meetings, ensuring that investigations have been conducted and that proper cases are prepared for the authority, maintaining the authority's official records, and performing other administrative duties relating to the authority's activities. The executive director shall employ parole examiners, revocation hearing officers, a victim services coordinator, and other staff necessary to carry out the functions of the authority. All staff are employees of the authority and are directly responsible to the authority administratively and operationally, and all staff serve at the will and the pleasure of the authority.

(B)   Funds allocated for the functions designated in this section must be incorporated as a line item within the Department of Probation, Parole and Pardon Services' budget and are subject to administrative control by the authority. However, the Department of Probation, Parole and Pardon Services shall provide the budgetary, fiscal, personnel, and training information resources and other support necessary for the authority to perform its mandated functions.

SECTION 2.   Section 1-3-240(C) of the 1976 Code, as last amended by Act 175 of 2004, is further amended to read:

"(C)   Persons appointed to the following offices of the State by the Governor may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity:

(1)   Workers' Compensation Commission;

(2)   Commission of the Department of Revenue;

(3)   Ethics Commission;

(4)   Election Commission;

(5)   Professional and Occupational Licensing Boards;

(6)   Juvenile South Carolina Parole and Pardon Authority Board;

(7)   Probation, Parole and Pardon Board; Reserved

(8)   Director of the Department of Public Safety;

(9)   Board of the Department of Health and Environmental Control, excepting the Chairman;

(10)   Chief of State Law Enforcement Division;

(11)   South Carolina Lottery Commission; and

(12)   Executive Director of the Office of Regulatory Staff.

Upon the expiration of an officeholder's term, the individual may continue to serve until a successor has been appointed and qualifies."

SECTION   3.   Subarticle 17, Article 30, Chapter 7, Title 20 of the 1976 Code is amended to read:

Section 20-7-8303.   (A)   The release and revocation of release of juveniles adjudicated delinquent and committed to the department must be determined by:

(1)   the South Carolina Parole and Pardon Authority, established pursuant to Section 24-14-10, for juveniles adjudicated delinquent and committed for an indeterminate period for a Class A, B, C, or D felony, assault and battery of a high and aggravated nature, criminal sexual conduct in the third degree, assault with intent to commit criminal sexual conduct in the third degree, and stalking, as defined in Section 16-3-1730(B), for juveniles who have violated probation for any of the offenses enumerated in this item, for juveniles adjudicated delinquent and indeterminately committed three or more times to the Department of Juvenile Justice , and for juveniles adjudicated delinquent who have been transferred by the Department of Juvenile Justice to the Youthful Offender Division of the Department of Corrections pursuant to Section 20-7-7810;

(2)   the department for juveniles adjudicated delinquent and committed for an indeterminate period for a status offense or an offense other than an offense enumerated in item (1).

(B)   For purposes of this article, 'releasing entity' means:

(1)   the South Carolina Parole and Pardon Authority for juveniles described in subsection (A)(1);

(2)   the department for juveniles described in subsection (A)(2).

Section 20-7-8305.   (A)(1)   The Board of Juvenile Parole releasing authority shall meet monthly, and at other times as may be necessary, to review the records and progress of children juveniles committed to the custody of the Department of Juvenile Justice for the purpose of deciding the release or revocation of release of these children juveniles. The parole board releasing entity shall make periodic inspections, at least quarterly, of the records of persons committed to the custody of the Department of Juvenile Justice and may issue temporary and final discharges or release these persons conditionally and prescribe conditions for release into aftercare.

(2)(a)   It is the right of a juvenile who has not committed a violent offense, as defined by Section 16-1-60, for whom the department is the releasing entity, as provided for in Section 20-7-8303, to appear personally before the department parole board every three months for the purpose of parole consideration, but no appearance may begin until the parole board department determines that an appropriate period of time has elapsed since the juvenile's commitment.

(b)   The South Carolina Parole and Pardon Authority Board, in its discretion, may waive the quarterly review of juveniles committed to the department for the commission of a violent crime, as defined in Section 16-1-60, an offense for which the authority is the releasing entity, as provided for in Section 20-7-8303, until the juvenile reaches the minimum parole guidelines the board authority establishes for the juvenile. At that point, the board authority, in its discretion, is authorized to schedule its first review of the juvenile from three months up to twelve months after the juvenile reaches the minimum parole guidelines established by the board authority. The scheduling of subsequent reviews is in the discretion of the board authority but must occur within three to twelve months of the juvenile's last appearance.

(3)   In order to allow reviews and appearances by children, the chairman of the parole board juveniles, the releasing entity may assign the members of the South Carolina Parole and Pardon Authority to meet in panels of not less than three members or department staff, as applicable, to receive progress reports and recommendations, review cases, meet with children juveniles, meet with counselors, and to hear matters and consider cases for release, parole, and parole revocation. Membership on these panels or department staff, as applicable, must be periodically rotated on a random basis by the chairman. At the meetings of the panels or of the department staff, as applicable, a unanimous vote must be considered the final decision of the parole board. A panel vote that is not unanimous must not be considered as a final decision of the parole board, and the matter must be referred to the full parole board a five-member panel, in the case of the authority, which shall determine the matter by a majority vote of its membership, and in the case of department staff, as provided for by the director of the department.

The Parole Board or panel releasing entity may conduct parole hearings by means of a two-way, closed circuit television system.

(B)   In the determination of the type of discharges or conditional releases granted, the parole board releasing entity shall consider the interests of the person involved and the interests of society and shall employ the services of and consult with the personnel of the Reception and Evaluation Center Department of Juvenile Justice. The parole board releasing entity may from time to time modify the conditions of discharges or conditional releases previously granted.

(C)(1)   The department shall develop written guidelines for the consideration of release of juveniles committed to the department for offenses for which the department is the releasing entity.

(2)   The South Carolina Parole and Pardon Authority Board, after consultation with the Department of Juvenile Justice, shall develop written guidelines for the consideration of juveniles' releases on parole release for juveniles committed to the department for offenses for which the authority is the releasing entity.

(3)   The guidelines developed pursuant to this subsection must be given to juveniles upon commitment and periodically reviewed with each juvenile to assess the progress made toward achieving release on parole.

Section 20-7-8310.   The parole board releasing entity shall permit legal representation of a juvenile who appears before it for the purpose of parole or parole revocation. The department shall allocate funds to contract with a public defender corporation or similar type legal program for legal assistance for the purpose of appearing before the parole board releasing entity for a juvenile who desires this service but who cannot either personally or through the juvenile's family afford the assistance.

Section 20-7-8315.   (A)   Juveniles released from institutions or facilities operated by the Department of Juvenile Justice, or from programs with which the department contracts, must be supervised while on parole or conditional release by employees of the department. All reports, records, or information needed by the releasing authority for these juveniles must be provided to the releasing authority by the department. Juveniles released from institutions or facilities operated by the Department of Corrections must be supervised while on parole or conditional release by employees of the Department of Probation, Parole and Pardon Services. All reports, records, or information needed by the releasing authority for these juveniles prior to their release must be provided to the authority by the Department of Corrections and subsequent to their release by the Department of Probation, Parole and Pardon Services.

(B)   The Department of Juvenile Justice is charged with the responsibility of making shall conduct aftercare investigations to determine suitable placement for children juveniles considered for conditional release from the correctional schools. The department shall also have the responsibility of supervising supervise the aftercare program, making revocation investigations, and submitting findings to the parole board releasing entity.

(B)(C)   The director directors and such staff as he directors shall designate in the performance of their duties of investigation, counseling and supervision, and revocation investigations, are considered official representatives of the parole board releasing entity.

(C)(D)   The director directors and his their staff are subject to the regulations for parole and parole revocation promulgated by the parole board releasing entity and shall meet with the parole board releasing entity at its meetings when requested. Community-based counselors, or their supervisors, with assigned clients committed to institutions of the department shall periodically visit the institutions in order to counsel their clients and accomplish the duties as outlined in this subarticle.

(D)   Recognizing the need to maintain autonomy and to provide a check and balance system, the parole board shall employ a director of parole and other staff necessary to carry out the duties of parole examinations, victim liaison, and revocation hearings. The director serves at the will and pleasure of the parole board. All staff are employees of the parole board and are directly responsible to the parole board both administratively and operationally. Funds allocated for the functions designated in this section must be incorporated as a line item within the department's budget and are subject to administrative control by the parole board.

(E)   The department shall continue to provide the budgetary, fiscal, personnel, and training information resources and other support considered necessary by the parole board to perform its mandated functions.

Section 20-7-8320.   (A)   A juvenile who shall have been conditionally released from a correctional facility shall remain under the authority of the parole board releasing entity until the expiration of the specified term imposed in the juvenile's conditional aftercare release. The specified period of conditional release may expire before but not after the twenty-first birthday of the juvenile. Each juvenile conditionally released is subject to the conditions and restrictions of the release and may at any time on the order of the parole board releasing entity be returned to the custody of a correctional institution for violation of aftercare rules or conditions of release.

(B)   As a condition of correctional release, the parole board releasing entity may enforce participation in restitution, work ordered by the court, and community service programs established or approved by the Department of Juvenile Justice.

Section 20-7-8325.   (A)   At any time during the period of conditional release, an aftercare counselor or the counselor's supervisor or a probation or parole agent may issue or cause to be issued a warrant for the juvenile to be taken into custody for violating any of the conditions of the release. A police officer or other officer with power to arrest, upon request of an aftercare counselor or a probation or parole agent, may take the juvenile into custody. The arresting officer shall obtain a warrant signed by the aftercare counselor or a probation or parole agent setting forth that the juvenile, in the counselor's judgment, violated the conditions of the release which is authority for the detention of the juvenile in an appropriate place of detention. If an aftercare release revocation is necessary, the aftercare counselor or a probation or parole agent shall submit in writing a thorough report to the parole board releasing entity, showing in what manner the delinquent child juvenile has violated the conditional release. A child juvenile returned to the custody of a correctional school by aftercare revocation shall have a hearing or review of the child's juvenile's case by the parole board releasing entity. The parole board releasing entity is the final authority to determine whether or not the child juvenile failed to abide by the aftercare rules and conditions of release.

(B)   An aftercare counselor or probation or parole agent who has successfully completed Class I or II law enforcement officer training and received a certificate from the Department of Public Safety pursuant to the provisions of Article 9, Chapter 6 of Title 23 has the power, when commissioned by the department, to take a child juvenile conditionally released from the custody of the department and subject to the jurisdiction of the Board of Juvenile Parole releasing entity into custody upon the issuance of a warrant for violating the conditions of his release.

Section 20-7-8330.   The order of revocation of a conditional release may be issued and made effective after the period of aftercare supervision prescribed in the release has expired when the violations of the conditions or release occurred during the aftercare supervision period.

Section 20-7-8335.   (A)   To be eligible for appointment as a probation counselor, an applicant must possess:

(1)   a college degree involving special training in the field of social science or its equivalent;

(2)   a personality and character as would render the applicant suitable for the functions of the office.

(B)   Probation counselors shall live in districts as determined by the director. Each counselor periodically shall visit the schools under the supervision of the Department of Juvenile Justice and become familiar with the records, background, and needs of the children juveniles and shall make periodic reports to the school.

(C)(1)   The duties of probation counselors include:

(a)   conducting an investigation of the child juvenile and the child's juvenile's home as may be required by the court;

(b)   being present in court at the hearing of cases;

(c)   furnishing to the court information and assistance as the judge may require; and

(d)   taking charge of a child juvenile before and after hearings as may be directed by the court.

(2)   During the probationary period of a child juvenile and during the time that the child juvenile may be committed to an institution or to the care of an association or person for custodial or disciplinary purposes, the child juvenile is always subject to visitation by the probation counselors or other agents of the court.

(D)   A probation counselor who has successfully completed Class I or II law enforcement officer training and received a certificate from the Department of Public Safety pursuant to the provisions of Article 9, Chapter 6 of Title 23 has the authority, when commissioned by the department, in the execution of his duties, to take a child juvenile under the jurisdiction of the family court into custody pursuant to an order issued by the court directing that the child juvenile be taken into custody.

(E)   In the performance of the duties of probation, parole, community supervision, and investigation, the probation counselor is regarded as the official representative of the court, the department, and the Juvenile Parole Board South Carolina Parole and Pardon Authority."

SECTION   4.   Section 20-7-7810(D) and (E) of the 1976 Code, as added by Act 383 of 1996, is amended to read:

"(D)   When a child juvenile is adjudicated delinquent or convicted of a crime or has entered a plea of guilty or nolo contendere in a court authorized to commit to the custody of the Department of Juvenile Justice, the child juvenile may be committed for an indeterminate period until the child juvenile has reached age twenty-one or until sooner released by the Board of Juvenile Parole releasing entity under its discretional powers or released by order of a judge of the Supreme Court or the circuit court of this State, rendered at chambers or otherwise, in a proceeding in the nature of an application for a writ of habeas corpus. A juvenile who has not been paroled or otherwise released from the custody of the department by the juvenile's nineteenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections. If not sooner released by the Board of Juvenile Parole releasing entity, the juvenile must be released by age twenty-one according to the provisions of the child's juvenile's commitment; however, notwithstanding the above provision, any juvenile committed as an adult offender by order of the court of general sessions must be considered for parole or other release according to the laws pertaining to release of adult offenders.

(E) A juvenile committed to the Department of Juvenile Justice following an adjudication for a violent offense contained in Section 16-1-60 or for the offense of assault and battery of a high and aggravated nature, who has not been paroled or released from the custody of the department by his seventeenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections. A juvenile who has not been paroled or released from the custody of the department by his nineteenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections at age nineteen. If not released sooner by the Board of Juvenile Parole releasing entity, a juvenile transferred pursuant to this subsection must be released by his twenty-first birthday according to the provisions of his commitment. Notwithstanding the above provision, a juvenile committed as an adult offender by order of the court of general sessions must be considered for parole or other release according to the laws pertaining to release of adult offenders."

SECTION   5.   Section 20-7-7815 of the 1976 Code, as added by Act 135 of 1997, is amended to read:

"(B) When the state agency to which a juvenile is transferred determines that it is appropriate to release from commitment that juvenile, the state agency must submit a request for release to the Juvenile Parole Board releasing entity. If the Juvenile Parole Board releasing entity does not grant the request to release the juvenile, the juvenile must be placed in an environment consistent with the provisions of this section."

SECTION   6.   Section 20-7-8025 of the 1976 Code, as added by Act 383 of 1996, is amended to read:

"Section 20-7-8025.   (A) The Department of Juvenile Justice, when authorized by an order of a circuit judge, must, after notice to the Department of Corrections, temporarily shall transfer to the custody of the Youthful Offender Division a child juvenile who has been committed to the custody of the department who is more than seventeen years of age and whose presence in the custody of the Department of Juvenile Justice appears to be seriously detrimental to the welfare of others in custody. The Director of the Department of Corrections shall receive these children juveniles and shall properly care for them. Each child juvenile transferred to the Youthful Offender Division is subject to all the rules and discipline of the division. Children Juveniles transferred to the Youthful Offender Division pursuant to this section are under the authority of the division but are subject to release by the Board of Juvenile Parole authority.

(B) The Youthful Offender Division at least quarterly shall recommend to the parole board authority possible release of each child juvenile transferred to the department or the child's juvenile's return to institutions of the Department of Juvenile Justice."

SECTION   7.   Subarticle 19, Article 30, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-8522.   Notwithstanding any other provision of law, records maintained in accordance with this subarticle must be provided to the South Carolina Parole and Pardon Authority by the agency having physical custody of or, supervisory responsibility for, a juvenile whenever the juvenile is being considered for release, revocation of release or for any related criminal justice purpose. In addition, the Department of Juvenile Justice must provide to the authority, upon request, an adult offender's juvenile record."

SECTION   8.   Article 1, Chapter 21, Title 24 of the 1976 Code is amended to read:

Section 24-21-10.   (A)   The Department of Probation, Parole, and Pardon Services, hereafter referred to as the 'department', is governed by the director of the department. The director must be appointed by the Governor with the advice and consent of the Senate.

(B)   The Board of Probation, Parole, and Pardon Services is composed of seven members. The terms of office of the members are for six years. Six of the seven members must be appointed from each of the congressional districts and one member must be appointed at large. Vacancies must be filled by gubernatorial appointment with the advice and consent of the Senate for the unexpired term. If a vacancy occurs during a recess of the Senate, the Governor may fill the vacancy by appointment for the unexpired term pending the consent of the Senate, provided the appointment is received for confirmation on the first day of the Senate's next meeting following the vacancy. A chairman must be elected annually by a majority of the membership of the board. The chairman may serve consecutive terms.

(C)   The Governor shall deliver an appointment within sixty days of the expiration of a term, if an individual is being reappointed, or within ninety days of the expiration of a term, if an individual is an initial appointee. If a board member who is being reappointed is not confirmed within sixty days of receipt of the appointment by the Senate, the appointment is considered rejected. For an initial appointee, if confirmation is not made within ninety days of receipt of the appointment by the Senate, the appointment is deemed rejected. The Senate may by resolution extend the period after which an appointment is considered rejected. If the failure of the Senate to confirm an appointee would result in the lack of a quorum of board membership, the seat for which confirmation is denied or rejected shall not be considered when determining if a quorum of board membership exists.

Section 24-21-11.   The director and members of the board shall be is subject to removal by the Governor pursuant to the provisions of Section 1-3-240.

Section 24-21-12.   The members of the board shall draw no salaries, but each member shall be entitled to such per diem as may be authorized by law for boards, commissions, and committees, plus actual and necessary expenses incurred pursuant to the discharge of official duties.

Section 24-21-13.   (A)   It is the duty of the director to oversee, manage, and control the department. The director shall develop written policies and procedures for the following:

(1)   the supervising of offenders on probation, parole, community supervision, and other offenders released from incarceration prior to the expiration of their sentence;

(2)   the consideration of paroles and pardons and the supervision of offenders in the community supervision program, and other offenders released from incarceration prior to the expiration of their sentence. The requirements for an offender's participation in the community supervision program and an offender's progress toward completing the program are to be decided administratively by the Department of Probation, Parole, and Pardon Services. No inmate or future inmate shall have a 'liberty interest' or an 'expectancy of release' while in a community supervision program administered by the department;

(3)   the operation of community-based correctional programs; and

(4)   the operation of public work sentence programs for offenders as provided in item (1) of this subsection. This program also may be utilized as an alternative to technical revocations. The director shall establish priority programs for litter control along state and county highways. This must be included in the 'public service work' program.

(B)   It is the duty of the board to consider cases for parole, pardon, and any other form of clemency provided for under law.

Section 24-21-30.   (A)   A person who commits a 'no parole offense', as defined in Section 24-13-100, on or after the effective date of this section December 31, 1995, is not eligible for parole consideration, but must complete a community supervision program as set forth in Section 24-21-560 prior to discharge from the sentence imposed by the court. For all offenders who are eligible for parole, the board South Carolina Parole and Pardon Authority shall hold regular meetings, pursuant to Section 24-14-20, 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 authority may preserve order at its meetings and punish any disrespect or contempt committed in its presence. The chairman may direct the members of the board to meet as three-member panels to hear matters relating to paroles and pardons as often as necessary to carry out the board's responsibilities. Membership on these panels shall be periodically rotated on a random basis by the chairman. At the meetings of the panels, any unanimous vote shall be considered the final decision of the board, and the panel may issue an order of parole with the same force and effect of an order issued by the full board pursuant to Section 24-21-650. Any vote that is not unanimous shall not be considered as a decision of the board, and the matter shall be referred to the full board which shall decide it based on a vote of a majority of the membership.

(B)   The board South Carolina Parole and Pardon Authority may grant parole to an offender who commits a violent crime, as defined in Section 16-1-60 which, that is not included as a 'no parole offense', as defined in Section 24-13-100, on or after the effective date of this section December 31, 1995, by a two-thirds majority vote of the full board members of the authority serving at that hearing. The board authority may grant parole to an offender convicted of an offense which that is not a violent crime, as defined in Section 16-1-60, or a 'no parole offense', as defined in Section 24-13-100, by a unanimous vote of a three-member panel or by a majority vote of the full board a five member panel of the authority serving at that hearing.

Nothing in this subsection may be construed to allow any person who commits a 'no parole offense', as defined in Section 24-13-100, on or after the effective date of this section December 31, 1995, to be eligible for parole.

(C)   The board South Carolina Parole and Pardon Authority shall conduct all parole hearings in cases that relate to a single victim on the same day.

(D)   Upon the request of a victim, the board authority may allow the victim and an offender to appear simultaneously before the board authority for the purpose of providing testimony.

Section 24-21-35.   The Department of Probation, Parole and Pardon Services Board South Carolina Parole and Pardon Authority shall make its administrative recommendations available to a victim of a crime before it conducts a parole hearing for the perpetrator of the crime.

Section 24-21-40.   The board South Carolina Parole and Pardon Authority shall keep a complete record of all its proceedings and hold it subject to the order of the Governor or the General Assembly.

Section 24-21-50.   The board South Carolina Parole and Pardon Authority shall grant hearings and permit arguments and appearances by counsel or any individual before it at any such hearing while considering a case for parole, pardon, or any other form of clemency provided for under law. No inmate has a right of confrontation at the hearing.

Section 24-21-55.   The Department of Probation, Parole and Pardon Services South Carolina Parole and Pardon Authority shall receive a hearing fee under a plan approved by the Budget and Control Board.

Section 24-21-60.   Each city, county, or state official or department shall assist and cooperate to further the objectives of this chapter, Chapter 14, and Subarticle 17, Article 30, Chapter 7, Title 20. The board South Carolina Parole and Pardon Authority, the director of the department, and the probation agents may seek the cooperation of officials and departments and especially of the sheriffs, jailers, magistrates, police officials, and institutional officers. The director may conduct surveys of state correctional facilities, county jails, and camps and obtain information to enable the board authority to pass intelligently upon all applications for parole. The Director of the Department of Corrections and the wardens, jailers, sheriffs, supervisors, or other officers in whose control a prisoner may be committed must aid and assist the director and the probation agents in the surveys.

Section 24-21-70.   The Director of the Department of Corrections, when a prisoner is confined in the State Penitentiary, the sheriff of the county, when a person is confined in the county jail, and the county supervisor or chairman of the governing body of the county if there is no county supervisor, when a prisoner is confined upon a work detail of a county, must keep a record of the industry, habits, and deportment of the prisoner, as well as other information requested by the board South Carolina Parole and Pardon Authority or the director and furnish it to them upon request.

Section 24-21-80.   (A)   An adult placed on probation, parole, or community supervision shall pay a regular supervision fee toward offsetting the cost of his supervision for so long as he remains under supervision. The regular supervision fee must be determined by the Department of Probation, Parole, and Pardon Services based upon the ability of the person to pay. The fee must be not less than twenty dollars nor more than one hundred dollars per month. The fee is due on the date of sentencing or as soon as determined by the department and each subsequent anniversary for the duration of the supervision period. The department shall remit from the fees collected an amount not to exceed the regular supervision fees collected during fiscal year 1992-93 for credit to the State General Fund. All regular supervision fees collected in excess of the fiscal year 1992-93 amount must be retained by the department, carried forward, and applied to the department's operation. The payment of the fee must be a condition of probation, parole, or community supervision, and a delinquency of two months or more in making payments may operate as a revocation.

(B)   If a probationer is placed under intensive supervision by a court of competent jurisdiction, or if the board South Carolina Parole and Pardon Authority places a parolee under intensive supervision, or if an inmate who is participating in the Supervised Furlough Program is placed under intensive supervision, or if a person participating in a community supervision program is placed under intensive supervision, the probationer, parolee, inmate, or community supervisee is required to pay not less than ten dollars nor or more than thirty dollars each week for the duration of intensive supervision in lieu of the regular supervision fee. The intensive supervision fee must be determined by the department based upon the ability of the person to pay. Fees derived from persons under intensive supervision must be retained by the department, carried forward, and applied to the department's operation. The department may exempt any individual supervised by the department on any community supervision program from the payment of a part or all of the yearly or weekly fee during any part or all of the supervision period only if the department determines that exceptional circumstances exist such that these payments work a severe hardship on the individual. Delinquencies of two months or more in payment of a reduced fee operates in the same manner as delinquencies for the full amount. The department may substitute public service employment for supervision fees when it considers the same to be in the best interest of the State and the individual.

Section 24-21-85.   Every person placed on electronic monitoring must be assessed a fee to be determined by the Department of Probation, Parole and Pardon Services in accordance with Section 24-21-80, as long as he remains in the electronic monitoring program. The payment of the fee must be a condition of supervision of any program administered by the department and a delinquency of two months or more in making payments may operate as a revocation. All fees generated by this assessment must be retained by the department to support the electronic monitoring program and carried forward for the same purpose.

Section 24-21-90.   Each supervising agent shall keep an accurate account of the money he collects pursuant to Sections 24-21-80, 24-23-210(B), and 24-23-220 and shall give a receipt to the probationer and individual under supervision for each payment. Money collected must be forwarded to the board department and deposited in the state treasury."

SECTION   9.   Article 7, Chapter 21, Title 24 of the 1976 Code, is amended to read:

Section 24-21-610.   In all cases cognizable under this chapter the Board South Carolina Parole and Pardon Authority may, upon ten days' written notice to the solicitor and judge who participated in the trial of any prisoner, parole a prisoner convicted of a crime and imprisoned in the state penitentiary, in any jail, or upon the public works of any county who if:

(1)   sentenced for not more than thirty years, has served at least one-third of the term;

(2)   sentenced to life imprisonment or imprisonment for any period in excess of thirty years, has served at least ten years.

If after January 1, 1984, the Board authority finds that the statewide case classification system provided for in Chapter 23 of this title has been implemented, that an intensive supervision program for parolees who require more than average supervision has been implemented, that a system for the periodic review of all parole cases in order to assess the adequacy of supervisory controls and of parolee participation in rehabilitative programs has been implemented, and that a system of contracted rehabilitative services for parolees is being furnished by public and private agencies, then in all cases cognizable under this chapter the Board authority may, upon ten days' written notice to the solicitor and judge who participated in the trial of any prisoner, to the victim or victims, if any, of the crime, and to the sheriff of the county where the prisoner resides or will reside, parole a prisoner who if sentenced for a violent crime, as defined in Section 16-1-60, has served at least one-third of the term or the mandatory minimum portion of sentence, whichever is longer. For any other crime the prisoner shall have served at least one-fourth of the term of a sentence or if sentenced to life imprisonment or imprisonment for any period in excess of forty years, has served at least ten years.

The provisions of this section do not affect the parole ineligibility provisions for murder, armed robbery, and drug trafficking as set forth, respectively, in Sections 16-3-20 and 16-11-330, and subsection (e) of Section 44-53-370.

In computing parole eligibility, no deduction of time may be allowed in any case for good behavior, but after June 30, 1981, there must be deductions of time in all cases for earned work credits, notwithstanding the provisions of Sections 16-3-20, 16-11-330, and 24-13-230.

Notwithstanding the provisions of this section, the Board authority may parole any prisoner not sooner than one year prior to the prescribed date of parole eligibility when, based on medical information furnished to it, the Board authority determines that the physical condition of the prisoner concerned is so serious that he would not be reasonably expected to live for more than one year. Notwithstanding any other provision of this section or of law, no prisoner who has served a total of ten consecutive years or more in prison may be paroled until the Board authority has first received a report as to his mental condition and his ability to adjust to life outside the prison from a duly qualified psychiatrist or psychologist.

Section 24-21-615.   The board South Carolina Parole and Pardon Authority may not review the case of a prisoner convicted of a capital offense for the purpose of determining whether the person is entitled to any of the benefits provided in this chapter during the month of December of each year.

Section 24-21-620.   Within the ninety-day period preceding a prisoner having served one-fourth of his sentence, the board South Carolina Parole and Pardon Authority, either acting in a three-member panel or meeting as a full board five member panel, shall review the case, regardless of whether or not any application has been made therefor for review, for the purpose of determining whether or not such prisoner is entitled to any of the benefits provided for in this chapter;. provided, that in cases of prisoners in confinement due to convictions for nonviolent crimes, an administrative hearing officer may be appointed by the director to review the case who must submit to the full board written findings of fact and recommendations which shall be the basis for a determination by the board. Upon an affirmative determination, the prisoner must be granted a provisional parole or parole. Upon a negative determination, the prisoner's case shall must be reviewed every twelve months thereafter for the purpose of such determination.

Section 24-21-630.   For the purpose of determining the time required to be served by a prisoner before he shall be is eligible to be considered for parole, notwithstanding any other provision of law, all prisoners shall must be given benefit for time served in prison in excess of three months while awaiting trial or between trials.

Section 24-21-635.   For the purpose of determining the time required to be served by a prisoner before he shall be is eligible to be considered for parole, notwithstanding any other provision of law, all prisoners shall be given benefit of earned work credits awarded pursuant to Section 24-13-230.

Section 24-21-640.   (A)   The board South Carolina Parole and Pardon Authority must carefully consider the record of the prisoner before, during, and after imprisonment, and no such prisoner may be paroled until it appears to the satisfaction of the board: authority that the prisoner:

(1)   has shown a disposition to reform; that,

(2)   in the future he will probably obey the law and lead a correct life; that

(3)   by his conduct he has merited a lessening of the rigors of his imprisonment; that the interest of society will not be impaired thereby; and, that suitable employment has been secured for him.

(B)   The board must authority shall establish written, specific criteria for the granting of parole and provisional parole. This criteria must reflect all of the aspects of this section and include a review of a prisoner's disciplinary and other records. The criteria must be made available to all prisoners at the time of their incarceration and to the general public.

(C)   The paroled prisoner must shall, as often as may be required, render a written report to the board authority giving that information as may be required by the board authority, which must be confirmed by the person in whose employment the prisoner may be is at the time.

(D)   The board authority must not grant parole nor is and parole is not authorized to for any prisoner serving a sentence for a second or subsequent conviction, following a separate sentencing for a prior conviction, for violent crimes, as defined in Section 16-1-60. Provided that However, where more than one included offense shall be is committed within a one-day period or pursuant to one continuous course of conduct, such these multiple offenses must be treated for purposes of this section as one offense.

(E)   Any part or all of a prisoner's in-prison disciplinary records and, with the prisoner's consent, records involving all awards, honors, earned work credits, and educational credits, are subject to the Freedom of Information Act as contained in Chapter 4 of Title 30.

Section 24-21-645.   The board South Carolina Parole and Pardon Authority may issue an order authorizing the parole which must be signed either by a majority of its members a five member panel or by all three members meeting as a parole panel on the case ninety days prior to the effective date of the parole; however, at least two-thirds of the members of the board must a five-member panel shall authorize and sign orders authorizing parole for persons convicted of a violent crime, as defined in Section 16-1-60. A provisional parole order shall must include the terms and conditions, if any, to be met by the prisoner during the provisional period and terms and conditions, if any, to be met upon parole. Upon satisfactory completion of the provisional period, the director chairman of the authority or one lawfully acting for him must shall issue an order which that, if accepted by the prisoner, shall provide provides for his release from custody. However, upon a negative determination of parole, prisoners in confinement for a violent crime, as defined in Section 16-1-60, must have their cases reviewed every two years for the purpose of a determination of parole, except that prisoners who are eligible for parole pursuant to Section 16-25-90, and who are subsequently denied parole must have their cases reviewed every twelve months for the purpose of a determination of parole. This section applies retroactively to a prisoner who has had a parole hearing pursuant to Section 16-25-90 prior to the effective date of this act before June 15, 1997.

Section 24-21-650.   The board South Carolina Parole and Pardon Authority shall issue an order authorizing the parole which must be signed by at least a majority of its members a five-member panel with terms and conditions, if any, but at least two-thirds of the members of the board must a five-member panel shall sign orders authorizing parole for persons convicted of a violent crime, as defined in Section 16-1-60. The director chairman of the authority, or one lawfully acting for him, then must shall issue a the parole order which that, if accepted by the prisoner, provides for his release from custody. Upon a negative determination of parole, prisoners in confinement for a violent crime, as defined in Section 16-1-60, must have their cases reviewed every two years for the purpose of a determination of parole.

Section 24-21-660.   Any A prisoner who has been paroled is subject during the remainder of his original term of imprisonment, up to the maximum, to the conditions and restrictions imposed in the order of parole or by law imposed. Every such paroled prisoner must remain in the jurisdiction of the board South Carolina Parole and Pardon Authority and may at any time on the order of the board authority, be imprisoned as and where therein designated.

Section 24-21-670.   Any A prisoner who may be paroled under authority of this chapter shall continue on parole until the expiration of the maximum term or terms specified in his sentence without deduction of such an allowance for good conduct as may be provided for by law.

Section 24-21-680.   Upon failure of any a prisoner released on parole under the provisions of this chapter to do or refrain from doing any of the things set forth and required to be done by and under the terms of his parole, the parole agent must issue a warrant or citation charging the violation of parole, and a final determination must be made by the board South Carolina Parole and Pardon Authority as to whether the prisoner's parole should be revoked and whether he should be required to serve any part of the remaining unserved sentence. But such prisoner must be eligible to parole thereafter when and if the board authority thinks such parole would be proper. The board shall authority must be the sole judge as to whether or not a parole has been violated and no appeal therefrom shall be of this decision is allowed;. provided, that any However, a person arrested for violation of terms of parole may be released on bond, for good cause shown, pending final determination of the violation by the Probation, Parole and Pardon Board authority. No bond shall be A bond must not be granted except by the presiding or resident judge of the circuit wherein in which the prisoner is arrested, or, if there be is no judge within such that circuit, by the judge, presiding or resident, in an adjacent circuit, and the judge granting the bond shall determine the amount thereof of the bond.

Section 24-21-690.   Any A person who shall have served the term for which he has been sentenced less deductions allowed therefrom for good conduct shall, upon release, must be treated as if he had served the entire term for which he was sentenced.

Section 24-21-700.   Any A prisoner who is otherwise eligible for parole under the provisions of this article, except that his mental condition is deemed by the Probation, Pardon and Parole Board South Carolina Parole and Pardon Authority to be such that he should not be released from confinement may, subject to approval by the Veterans Administration, be released to the custody of the Veterans Administration or to a committee appointed to commit such the prisoner to a Veterans Administration Hospital. Such a This special parole shall may be granted in the sole discretion of the Board authority and, when so paroled, a prisoner shall must be transferred directly from his place of confinement to a Veterans Administration Hospital which that provides psychiatric care. When any a prisoner paroled for psychiatric treatment is determined to be in a suitable condition to be released, he shall must not be returned to penal custody except for a subsequent violation of the conditions of his parole.

Section 24-21-710.   (A)   Film, videotape, or other electronic information that is both visual and aural, submitted pursuant to this section, must be considered by the Board of Probation, Parole, and Pardon Services South Carolina Parole and Pardon Authority in making its determination of parole.

(B)   Upon receipt of the notice required by law, the following people may submit electronic information:

(1)   the victim of the crime for which the prisoner has been sentenced;

(2)   the prosecuting solicitor's office; and

(3)   the person whose parole is being considered.

(C)   The person submitting the electronic information shall provide the Board of Probation, Parole, and Pardon Services authority with the following:

(1)   identification of each voice heard and each person seen;

(2)   a visual or aural statement of the date the information was recorded; and

(3)   the name of the person whose parole eligibility is being considered.

(D)   If the film, videotape, or other electronic information is retained by the board authority, it may be submitted at subsequent parole hearings each time that the submitting person provides a written statement declaring that the information represents the present position of the person who is submitting the information.

(E)   The Department of Corrections may install, maintain, and operate a two-way closed circuit television system in one or more correctional institutions of the department that confines persons eligible for parole. The Board of Probation, Parole and Pardon Services authority shall install, maintain, and operate closed circuit television systems at locations determined by the board authority and conduct parole hearings by means of a two-way closed circuit television system provided in this section. A victim of a crime must be allowed access to this system to appear before the board authority during a parole hearing.

(F)   Nothing in this section shall may be construed to prohibit submission of information in other forms as provided by law.

(G)   The director of the Department of Probation, Parole, and Pardon Services authority may develop written policies and procedures for parole hearings to be held pursuant to this section.

(H)   The Board of Probation, Parole, and Pardon Services authority is not required to install, maintain, or operate film, videotape, or other electronic equipment to record a victim's testimony to be presented to the board authority."

SECTION   10.   Article 11, Chapter 21, Title 24 of the 1976 Code is amended to read:

Section 24-21-910.   The Probation, Parole, and Pardon Services Board South Carolina Parole and Pardon Authority shall consider all petitions for reprieves or the commutation of a sentence of death to life imprisonment which that may be referred to it the authority by the Governor and shall make its recommendations to the Governor regarding the petitions. The Governor may or may not adopt the recommendations but in case he does not he shall submit his reasons for not doing so to the General Assembly. The Governor may act on any petition without reference to the board authority.

Section 24-21-920.   In all other cases than those referred to in Section 24-21-910 the right of granting clemency shall be is vested in the Board South Carolina Parole and Pardon Authority.

Section 24-21-930.   An order of pardon must be signed by at least two-thirds of the members of the board a five-member panel of the authority. Upon the issue of the order by the board authority, the director chairman of the authority, or one lawfully acting for him, must shall issue a pardon order which that provides for the restoration of the pardon applicant's civil rights.

Section 24-21-940.   (A.)   'Pardon' means that an individual is fully pardoned from all the legal consequences of his crime and of his conviction, direct and collateral, including the punishment, whether of imprisonment, pecuniary penalty, or whatever else the law has provided.

(B.)   'Successful completion of supervision' as used in this article shall mean means free of conviction of any type other than minor traffic offenses.

Section 24-21-950.   (A)   The following guidelines must be utilized by the board South Carolina Parole and Pardon Authority when determining when an individual is eligible for pardon consideration.:

(1)   Probationers must be considered upon the request of the individual anytime after discharge from supervision.

(2)   Persons discharged from a sentence without benefit of parole must be considered upon the request of the individual anytime after the date of discharge.

(3)   Parolees must be considered for a pardon upon the request of the individual anytime after the successful completion of five years under supervision. Parolees successfully completing the maximum parole period, if less than five years, must be considered for pardon upon the request of the individual anytime after the date of discharge.

(4)   An inmate must be considered for pardon before a parole eligibility date only when he can produce evidence comprising the most extraordinary circumstances.

(5)   The victim of a crime or a member of a convicted person's family living within this State may petition for a pardon for a person who has completed supervision or has been discharged from a sentence.

(B)   Persons discharged from a sentence without benefit of supervision must be considered upon the request of the individual anytime after the date of discharge.

Section 24-21-960.   (A)   Each pardon application must be accompanied with a pardon application fee of fifty dollars. The pardon application fee must be retained and applied by the department South Carolina Parole and Pardon Authority towards the pardon process.

(B)   Any An individual who has an application for pardon considered but denied, must wait one year two years from the date of denial before filing another pardon application and fee.

Section 24-21-970.   Consideration shall must be given to any an inmate afflicted with a terminal illness where life expectancy is one year or less.

Section 24-21-980.   Once delivered, a pardon cannot be revoked unless it was obtained through fraud. If a pardon is obtained through fraud, it is void.

Section 24-21-990.   A pardon shall fully restore all civil rights lost as a result of a conviction, which shall include the right to:

(1)   register to vote;

(2)   vote;

(3)   serve on a jury;

(4)   hold public office, except as provided in Section 16-13-210;

(5)   testify without having the fact of his conviction introduced for impeachment purposes to the extent provided by Rule 609(c) of the South Carolina Rules of Evidence;

(6)   not have his testimony excluded in a legal proceeding if convicted of perjury; and

(7)   be licensed for any occupation requiring a license.

Section 24-21-1000.   For those applicants to be granted a pardon, a certificate of pardon shall must be issued by the Board South Carolina Parole and Pardon Authority stating that the individual is absolved from all legal consequences of his crime and conviction, and that all of his civil rights are restored."

SECTION   11.   Section 24-13-1520(2) of the 1976 Code, as last amended by Act 508 of 1994, is further amended to read:

"(2)   'Court' means a circuit, family, magistrate's, or municipal court having criminal or juvenile jurisdiction to sentence an individual to incarceration for a violation of law, the Department of Probation, Parole and Pardon Services, the Board of Juvenile Parole South Carolina Parole and Pardon Authority, and the Department of Corrections."

SECTION   12.   Section 24-21-220 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-21-220.   The director is vested with the exclusive management and control of the department and is responsible for the management of the department and for the proper care, treatment, supervision, and management of offenders under its control. The director shall manage and control the department and it is the duty of the director to carry out the policies of the department. The director is responsible for scheduling board meetings, assuring that the proper cases and investigations are prepared for the board, maintaining the board's official records, and performing other administrative duties relating to the board's activities. The director must shall employ within his office such personnel as may be necessary to carry out his duties and responsibilities including the functions of probation, parole, and community supervision, community-based programs, financial management, research and planning, staff development and training, and internal audit. The director shall make annual written reports to the board authority, the Governor, and the General Assembly providing statistical and other information pertinent to the department's activities."

SECTION   13.   Section 24-21-221 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:

"Section 24-21-221.   The director must South Carolina Parole and Pardon Authority shall give a thirty-day written notice to the following persons of any board hearing during which the board a panel of the authority will consider parole for a prisoner to the following persons:

(1)   any victim of the crime who suffered damage to his person as a result thereof of the crime or if such the victim is deceased, to members of his the victim's immediate family to the extent practicable;

(2)   the solicitor who prosecuted the prisoner or his the solicitor's successor in the jurisdiction in which the crime was prosecuted; and

(3)   the law enforcement agency that was responsible for the arrest of the prisoner concerned."

SECTION   14.   Section 24-21-280(B) of the 1976 Code, as last Amended by Act 396 of 2000, is further amended to read:

"(B)   A probation agent has, in the execution of his duties, the power to issue an arrest warrant or a citation charging a violation of conditions of supervision, the powers of arrest, and, to the extent necessary, the same right to execute process given by law to sheriffs. A probation agent has the power and authority to enforce the criminal laws of the State. In the performance of his duties of probation, parole, community supervision, and investigation, he is regarded as the official representative of the court, the department, and the board South Carolina Parole and Pardon Authority."

SECTION   15.   Section 24-21-300 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-21-300.   At any time during a period of supervision, a probation agent, instead of issuing a warrant, may issue a written citation and affidavit setting forth that the probationer, parolee, or community supervision releasee, or a person released or furloughed under the Offender Management Systems Act, in the agent's judgment, violates has violated the conditions of his release or suspended sentence. The citation must be directed to the probationer, the parolee, the community supervision releasee, or the person released or furloughed, and must require him to appear at a specified time, date, and court or other place, and must state the charges. The citation must set forth the person's rights and contain a statement that a hearing will be held in his absence if he fails to appear and that he may be imprisoned as a result of his absence. The citation may be served by a law enforcement officer upon the request of a probation agent. A certificate of service is sufficient proof of service. The issuance of a citation or warrant during the period of supervision gives jurisdiction to the court and the board South Carolina Parole and Pardon Authority at any hearing on the violation."

SECTION   16.   Section 24-21-480 of the 1976 Code, as last amended by Act 134 of 1991, is further amended to read:

"Section 24-21-480.   The judge may suspend a sentence for a defendant convicted of a nonviolent offense, as defined in Section 16-1-70, for which imprisonment of more than ninety days may be imposed, or as a revocation of probation, and may place the offender in a restitution center as a condition of probation. The board South Carolina Parole and Pardon Authority may place a prisoner in a restitution center as a condition of parole. The department, on the first day of each month, shall present to the general sessions court a report detailing the availability of bed space in the restitution center program. The restitution center is a program under the jurisdiction of the department.

The offender must have paid employment and/or or be required to perform public service employment up to a total of fifty hours per week or both.

The offender must shall deliver his salary to the restitution center staff who must shall distribute it in the following manner:

(1)   restitution to the victim or payment to the account established pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404, as ordered by the court;

(2)   payment of child support or alimony or other sums as ordered by a court;

(3)   payment of any fines or court fees due;

(4)   payment of six dollars and fifty cents per day for housing and food. This payment is in lieu of supervision fees while in the restitution center. This fee must be deposited by the department with the State Treasurer for credit to the same account as funds collected under Sections 14-1-210 through 14-1-230;

(5)   payment of any costs incurred while in the restitution center;

(6)   if available, fifteen dollars per week for personal items.;

(7)   the remainder must be deposited and given to the offender upon his discharge.

The offender must be in the restitution center for not more than six months, nor and not less than three months; provided, however, in those cases where the maximum term is less than one year, the offender must be in the restitution center for not more than ninety days nor and not less than forty-five days.

Upon release from the restitution center, the offender must be placed on probation for a term as ordered by the court.

Failure to comply with program requirements may result in a request to the court to revoke the suspended sentence.

No A person must not be made ineligible for this program by reason of gender."

SECTION   17.   Section 24-21-540 of the 1976 Code, as last amended by Section 24A, Part II, Act 164 of 1993, is further amended to read:

"The department shall develop and operate Community Control Centers for higher risk offenders, if the General Assembly appropriates funds to operate the centers. If the department has recommended the placement, offenders may be placed in a center for not less than thirty days nor and not more than six months by a judge as a condition of probation or as an alternative to probation revocation, or by the board South Carolina Parole and Pardon Authority as a condition of parole or as an alternative to parole revocation. An offender may not be placed in the center for more than six months on the same crime. There must not be consecutive sentencing to a Community Control Center."

SECTION   18.   Section 24-22-30(g) of the 1976 Code, as added by Act 461 of 1992, is amended to read:

"(g)   satisfy any other criteria established by the South Carolina Department of Corrections and the State Board of Probation, Parole and Pardon Services South Carolina Parole and Pardon Authority."

SECTION   19.   Section 24-22-40 of the 1976 Code, as added by Act 461 of 1992 is further amended to read:

"Section 24-22-40.   The South Carolina Department of Probation, Parole and Pardon Services, in cooperation with the South Carolina Department of Corrections shall develop and establish policies, procedures, guidelines, and cooperative agreements for the implementation of an adult criminal offender management system which that permits carefully screened and selected male offenders and female offenders to be enrolled in the criminal offender management system.

After review by and approval of three members of the Board of Probation, Parole and Pardon Services South Carolina Parole and Pardon Authority designated by the Governor, the board authority shall enroll qualified offenders monthly into the offender management system to prevent the prison system population from exceeding one hundred percent of capacity at high count. No An offender shall must not be issued an offender management system certificate and released from prison if the release of the offender will reduce the prison system population below ninety-five percent of capacity at high count.

If the Governor at any time during periods when the offender management system is in operation, determines that an insufficient number of inmates are being enrolled into the system to keep the prison system population below one hundred percent of capacity of high count or if the Governor determines that the number of inmates released has reached a level that could endanger the public welfare and safety of the State, he the Governor may issue an Executive Order requiring the South Carolina Department of Probation, Parole and Pardon Services and the South Carolina Department of Corrections to enroll a specified number of qualified prisoners per month for a specified number of months or require the department to cease and desist in the release of the inmates accordingly."

SECTION   20.   Section 24-23-30(3) and (4) of the 1976 Code, as amended by Act 83 of 1995, is further amended to read:

"(3)   a contract rehabilitation services program whereby private and public agencies, such as including, but not limited to, the Department of Vocational Rehabilitation, the Department of Mental Health, and the various county commissions on alcohol and drug abuse, provide diagnostic and rehabilitative services to offenders who are under the board's South Carolina Parole and Pardon Authority's jurisdiction;

(4)   community-based residential programs whereby public and private agencies, as well as the board Department of Probation, Parole, and Pardon Services, establish and operate halfway houses for those offenders who cannot perform satisfactorily on probation, parole, or community supervision;"

SECTION   21.   Section 44-48-30(5) of the 1976 Code, as amended by Act 176 of 2004, is further amended to read:

(5)   'Agency with jurisdiction' means that agency which that, upon lawful order or authority, releases a person serving a sentence or term of confinement and includes the South Carolina Department of Corrections, the South Carolina Department of Probation, Parole and Pardon Services, the Board of Probation, Parole and Pardon Services South Carolina Parole and Pardon Authority, the Department of Juvenile Justice, the Juvenile Parole Board, and the Department of Mental Health.

SECTION   22.   Section 44-48-40(B) of the 1976 Code, as last amended by Act 176 of 2004, is further amended to read:

"(B)   When a person has been convicted of a sexually violent offense and the Board of Probation, Parole and Pardon Services or the Board of Juvenile Parole South Carolina Parole and Pardon Authority intends to grant the person a parole or the South Carolina Department of Corrections or the Board of Juvenile Parole authority intends to grant the person a conditional release, the parole or the conditional release must be granted to be effective ninety days after the date of the order of parole or conditional release. The Board of Probation, South Carolina Parole and Pardon Authority Services, the Juvenile Parole Board, or the South Carolina Department of Corrections must immediately send notice of the parole or conditional release of the person to the multidisciplinary team, the victim, and the Attorney General. If the person is determined to be a sexually violent predator pursuant to this chapter, the person is subject to the provisions of this chapter even though the person has been released on parole or conditional release."

SECTION   23.   Section 24-21-560(D) of the 1976 Code is amended to read:

"(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". The original term of incarceration does not include any portion of a suspended sentence.

If a prisoner's community supervision is revoked due to a conviction for another offense, the prisoner must complete a community supervision program of up to two continuous years as determined by the department after the prisoner has completed the service of the sentence for the community supervision revocation and any other term of imprisonment which may have been imposed for the criminal offense, except when the subsequent sentence is death or life imprisonment The maximum aggregate amount of time a 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 limited by the amount of time remaining on the original 'no parole offense'. The prisoner must not serve longer than the original sentence."

SECTION   24.   Subarticle 5, Article 30, Chapter 7, Title 20 of the 1976 Code is repealed March 31, 2006.

SECTION   25.   The members of the South Carolina Parole and Pardon Authority, established pursuant to Section 24-14-10 of the 1976 Code, as added by Section 1 of this act, must be appointed and qualified to serve by March 31, 2006, at which time the terms of the members of this board commence, and the Board of Juvenile Parole and the Board of Probation, Parole, and Pardon Services are abolished March 31, 2006. Of the original appointees to the South Carolina Parole and Pardon Authority, three members shall serve initial terms of three years, three shall serve initial terms of two years, and three shall serve initial terms of one year, all of which must be determined by lot at the convening of the first meeting of the authority.

SECTION   26.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION   27.   This act takes effect upon approval by the Governor unless otherwise provided for in this act./

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the committee amendment.

The committee amendment was adopted.

Senator FAIR proposed the following amendment (NBD\ 12442AC06), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION   1.   Section 20-7-6840 of the 1976 Code, as added by Act 383 of 1996, is amended to read:

"Section 20-7-6840.   The department shall provide community services as the director shall assign to it which shall include, but are not limited to:

(1)   family court intake screening and referral counseling;

(2)   serving, advising, and counseling children placed on probation by the family court;

(3)   serving, advising, and counseling children in institutions as may be necessary for the placement of the children in a proper environment after release and for the placement of children in suitable jobs where necessary and proper;

(4)   supervising and guiding children released or conditionally released from institutions;

(5)   counseling children released or conditionally released by the parole board from its commitment facilities;

(6)   coordinating the activities of supporting community agencies which aid in the social adjustment of children released by the parole board from its commitment facilities;

(7)   providing or arranging for necessary services leading to the rehabilitation of delinquents either within the department or through cooperative arrangements with other appropriate agencies;

(8)   providing counseling and supervision for a child under twelve years of age who has been adjudicated delinquent or convicted of a crime or who has entered a plea of guilty or nolo contendere, when other suitable personnel is not available and upon request of the court;

(9)   providing detention screening services when a child is taken into custody for violation of a law or ordinance as provided for in this article;

(10)   providing prevention services including short- and long-range planning, establishing statewide priorities and standards, developing public awareness programs, and providing technical assistance to local government in the development of prevention programs;

(11)   developing secure and nonsecure alternatives to jail;

(12)   providing a variety of community-based programs to augment regular probation services including, but not limited to, volunteer services, restitution, community-work programs, family counseling, and contract probation with specific sanctions for various types of behavior;

(13)   providing a variety of community-based programs to serve as alternatives to institutions including, but not limited to, halfway houses, work release, intensive probation, restitution, forestry and wilderness camps, marine science programs, and other residential and nonresidential programs;

(14)   providing programs to divert juveniles, where proper and appropriate, from the juvenile justice system."

SECTION   2.   Section 20-7-6910 of the 1976 Code, as added by Act 135 of 1997, is amended to read:

"Section 20-7-6910.   There is created a fund within the Department of Juvenile Justice for the compensation of victims of crime. All contributions deducted from a juvenile's wages pursuant to Section 20-7-6890(E)(3) or 20-7-6895(C)(3) must be deposited into this fund. Of the amount contributed to the fund by each juvenile, ninety-five percent must be paid by the department on behalf of the juvenile as restitution to the victim or victims of the juvenile's adjudicated crime as ordered by the family court or the Juvenile Parole Board releasing entity, and five percent must be submitted to the South Carolina Victim's Compensation Fund. If the amount of restitution ordered has been paid in full or if there is no victim of the juvenile's adjudicated crime, the juvenile's contributions must be submitted to the South Carolina Victim's Compensation Fund."

SECTION   3.   Section 20-7-7810(D) of the 1976 Code, as added by Act 383 of 1996, is amended to read:

"(D)   When a child juvenile is adjudicated delinquent or convicted of a crime or has entered a plea of guilty or nolo contendere in a court authorized to commit to the custody of the Department of Juvenile Justice, the child juvenile may be committed for an indeterminate period until the child juvenile has reached age twenty-one or until sooner released by the Board of Juvenile Parole under its discretional powers or released releasing entity or released by order of a judge of the Supreme Court or the circuit court of this State, rendered at chambers or otherwise, in a proceeding in the nature of an application for a writ of habeas corpus. A juvenile who has not been paroled or otherwise released from the custody of the department by the juvenile's nineteenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections. If not sooner released by the Board of Juvenile Parole releasing entity, the juvenile must be released by age twenty-one according to the provisions of the child's juvenile's commitment; however, notwithstanding the above provision, any juvenile committed as an adult offender by order of the court of general sessions must be considered for parole or other release according to the laws pertaining to release of adult offenders."

SECTION   4.   Section 20-7-7815(B) of the 1976 Code, as added by Act 135 of 1997, is amended to read:

"(B)   When the state agency to which a juvenile is transferred determines that it is appropriate to release from commitment that juvenile, the state agency must submit a request for release to the Juvenile Parole Board releasing entity. If the Juvenile Parole Board releasing entity does not grant the request to release the juvenile, the juvenile must be placed in an environment consistent with the provisions of this section."

SECTION   5.   Subarticle 17, Article 30, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-8303.   (A)   The release and revocation of release of juveniles adjudicated delinquent and committed to the department must be determined by:

(1)   the department for juveniles adjudicated delinquent and committed for an indeterminate period for a status offense or a misdemeanor and for juveniles who have violated probation for a status offense or a misdemeanor;

(2)   the Board of Juvenile Parole for juveniles adjudicated delinquent and committed for an offense other than an offense provided for in item (1).

(B)   For purposes of this article, 'releasing entity' means:

(1)   the department for juveniles described in subsection (A)(1);

(2)   the Board of Juvenile Parole for juveniles described in subsection (A)(2)."

SECTION   6.   Section 20-7-8305 of the 1976 Code, as last amended by Act 321 of 2000, is further amended to read:

"Section 20-7-8305.   (A)(1)   The Board of Juvenile Parole releasing entity shall meet monthly, and at other times as may be necessary, to review the records and progress of children juveniles committed to the custody of the Department of Juvenile Justice for the purpose of deciding the release or revocation of release of these children juveniles. The parole board releasing entity shall make periodic inspections, at least quarterly, of the records of persons committed to the custody of the Department of Juvenile Justice and may issue temporary and final discharges or release these persons conditionally and prescribe conditions for release into aftercare.

(2)(a)   It is the right of a juvenile who has not committed a violent offense, as defined by Section 16-1-60, to appear personally before the parole board releasing entity every three months for the purpose of parole consideration, but no appearance may begin until the parole board releasing entity determines that an appropriate period of time has elapsed since the juvenile's commitment.

(b)   The parole board, in its discretion, may waive the quarterly review of juveniles committed to the department for the commission of a violent crime, as defined in Section 16-1-60, until the juvenile reaches the minimum parole guidelines the board establishes for the juvenile. At that point, the board may, in its discretion, is authorized to schedule its first review of the juvenile from three months up to twelve months after the juvenile reaches the minimum parole guidelines established by the board. The scheduling of subsequent reviews is in the discretion of the board but must occur within three to twelve months of the juvenile's last appearance.

(3)(a)   In order to allow reviews and appearances by children, the chairman of the parole board juveniles, the releasing entity may assign the members or individuals to meet in panels of not less than three members or individuals, to receive progress reports and recommendations, review cases, meet with children juveniles, meet with counselors, and to hear matters and consider cases for release, parole, and parole revocation. Membership on these panels must be periodically rotated on a random basis by the chairman. At the meetings of the panels, a unanimous vote must be considered the final decision of the parole board. A panel vote that is not unanimous must not be considered as a final decision of the parole board, and the matter must be referred to the full parole board, which shall determine the matter by a majority vote of its membership, and in the case of reviews conducted by department staff, as provided for by the director of the department.

The Parole Board or panel releasing entity may conduct parole hearings by means of a two-way, closed circuit television system.

(B)   In the determination of the type of discharges or conditional releases granted, the parole board releasing entity shall consider the interests of the person involved and the interests of society and shall employ the services of and consult with the personnel of the Reception and Evaluation Center Department of Juvenile Justice. The parole board releasing entity may from time to time modify the conditions of discharges or conditional releases previously granted.

(C)(1)   The department shall develop written guidelines for the release of juveniles committed to the department for offenses for which the department is the releasing entity.

(2)   The parole board shall develop written guidelines for the consideration of juveniles' releases on parole release if juveniles committed to the department for offenses for which the parole board is the releasing entity.

(3)   The guidelines developed pursuant to this subsection must be given by the releasing entity to juveniles upon commitment and periodically reviewed with each juvenile to assess the progress made toward achieving release on parole."

SECTION   7.   Section 20-7-8315 of the 1976 Code, as added by Act 383 of 1996, is amended to read:

"Section 20-7-8315.   (A)   The department is charged with the responsibility of making shall conduct aftercare investigations to determine suitable placement for children juveniles considered for conditional release from the correctional schools. The department shall also have the responsibility of supervising supervise the aftercare program, making revocation investigations, and submitting findings to the parole board releasing entity.

(B)   The director and such staff as he the directors shall designate in the performance of their duties of investigation, counseling and supervision, and revocation investigations, are considered official representatives of the parole board releasing entity.

(C)   The director directors and his their staff are subject to the regulations for parole and parole revocation promulgated by the parole board releasing entity and shall meet with the parole board releasing entity at its meetings when requested. Community-based counselors, or their supervisors, with assigned clients committed to institutions of the department shall periodically visit the institutions in order to counsel their clients and accomplish the duties as outlined in this subarticle.

(D)   Recognizing the need to maintain autonomy and to provide a check and balance system, the parole board shall employ a director of parole and other staff necessary to carry out the duties of parole examinations, victim liaison, and revocation hearings. The director serves at the will and pleasure of the parole board. All staff are employees of the parole board and are directly responsible to the parole board both administratively and operationally. Funds allocated for the functions designated in this section must be incorporated as a line item within the department's budget and are subject to administrative control by the parole board.

(E)   The department shall continue to provide the budgetary, fiscal, personnel, and training information resources and other support considered necessary by the parole board to perform its mandated functions."

SECTION   8.   Section 20-7-8320 of the 1976 Code, as amended by Act 343 of 1998, is further amended to read:

"(A)   A juvenile who shall have been conditionally released from a correctional facility shall remain under the authority of the parole board releasing entity until the expiration of the specified term imposed in the juvenile's conditional aftercare release. The specified period of conditional release may expire before but not after the twenty-first birthday of the juvenile. Each juvenile conditionally released is subject to the conditions and restrictions of the release and may at any time on the order of the parole board releasing entity be returned to the custody of a correctional institution for violation of aftercare rules or conditions of release.

(B)   As a condition of correctional release, the parole board releasing entity may enforce participation in restitution, work ordered by the court, and community service programs established or approved by the Department of Juvenile Justice."

SECTION   9.   Section 20-7-3825 of the 1976 Code, as amended by Act 396 of 2000, is further amended to read:

"(A)   At any time during the period of conditional release, an aftercare counselor or the counselor's supervisor or a probation or parole agent may issue or cause to be issued a warrant for the juvenile to be taken into custody for violating any of the conditions of the release. A police officer or other officer with power to arrest, upon request of an aftercare counselor or a probation or parole agent, may take the juvenile into custody. The arresting officer shall obtain a warrant signed by the aftercare counselor or a probation or parole agent setting forth that the juvenile, in the counselor's judgment, violated the conditions of the release which is authority for the detention of the juvenile in an appropriate place of detention. If an aftercare release revocation is necessary, the aftercare counselor or a probation or parole agent shall submit in writing a thorough report to the parole board releasing entity, showing in what manner the delinquent child juvenile has violated the conditional release. A child juvenile returned to the custody of a correctional school by aftercare revocation shall have a hearing or review of the child's juvenile's case by the parole board releasing entity. The parole board releasing entity is the final authority to determine whether or not the child juvenile failed to abide by the aftercare rules and conditions of release.

(B)   An aftercare counselor or probation or parole agent who has successfully completed Class I or II law enforcement officer training and received a certificate from the Department of Public Safety pursuant to the provisions of Article 9, Chapter 6 of Title 23 has the power, when commissioned by the department, to take a child juvenile conditionally released from the custody of the department and subject to the jurisdiction of the Board of Juvenile Parole releasing entity into custody upon the issuance of a warrant for violating the conditions of his release."

SECTION   10.   This act takes effect April 1, 2007.

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

On motion of Senator FAIR, with unanimous consent, S. 601 was ordered to receive a third reading on Friday, April 28, 2006.

S. 925 (Word version) -- Senators Pinckney and Ford: A BILL TO AMEND SECTION 62-3-911, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTITION OF UNDIVIDED INTERESTS IN AN ESTATE, SO AS TO GIVE ONE OR MORE OF THE HEIRS OR DEVISEES THE RIGHT OF FIRST REFUSAL TO PURCHASE THE SUBJECT PROPERTY BEFORE ITS JUDICIAL PARTITION.

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 (JUD0925.002), 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 61, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-61-25, RELATING TO PARTITIONS, SO AS TO GIVE ONE OR MORE OF THE JOINT TENANTS OR TENANTS IN COMMON THE RIGHT OF FIRST REFUSAL TO PURCHASE THE SUBJECT PROPERTY BEFORE ITS JUDICIAL PARTITION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Chapter 61, Title 15 of the 1976 Code is amended by adding:

"Section 15-61-25.   (A)   For the purposes of this section, 'joint tenants and tenants in common' include heirs or devisees. Upon the filing of a petition for partition of real property owned by joint tenants or tenants in common, the court shall provide for the nonpetitioning joint tenants or tenants in common who are interested in purchasing the property to notify the court of that interest no later than ten days prior to the date set for the trial of the case. The nonpetitioning joint tenants or tenants in common shall be allowed to purchase the interests in the property as provided in this section whether default has been entered against them or not.

(B)   In the circumstances described in subsection (A) of this section, and in the event the parties cannot reach agreement as to the price, the value of the interest or interests to be sold shall be determined by one or more competent real estate appraisers, as the court shall approve, appointed for that purpose by the court. The appraisers appointed pursuant to this section shall make their report in writing to the court within thirty days after their appointment. The costs of the appraisers appointed pursuant to this section shall be taxed as a part of the cost of court to those seeking to purchase the interests of the joint tenants or tenants in common petitioning to sell their interest in the property described in the petition for partition.

(C)   In the event that the petitioning joint tenants or tenants in common object to the value of the interests as determined by the appointed appraisers, those joint tenants or tenants in common shall have ten days from the date of filing of the report to file written notice of objection to the report and request a hearing before the court on the value. An evidentiary hearing limited to the proposed valuation of the interests of the petitioning joint tenants or tenants in common shall be conducted, and an order as to the valuation of the interests of the petitioning joint tenants or tenants in common shall be issued.

(D)   After the valuation of the interest in property is completed as provided in subsection (B) or (C) of this section, the nonpetitioning joint tenants or tenants in common seeking to purchase the interests of those filing the petition shall have forty-five days to pay into the court the price set as the value of those interests to be purchased. Upon the payment and approval of it by the court, the court shall execute and deliver or cause to be executed and delivered the proper instruments transferring title to the purchasers.

(E)   In the event that the nonpetitioning joint tenants or tenants in common fail to pay the purchase price as provided in subsection (D) of this section, the court shall proceed according to its traditional practices in partition sales."

SECTION   2.   This act takes effect upon approval by the Governor and applies to all petitions for partitions filed on or after that date. /

Renumber sections to conform.

Amend title to conform.

Senator PINCKNEY 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.

On motion of Senator PINCKNEY, with unanimous consent, S. 925 was ordered to receive a third reading on Friday, April 28, 2006.

S. 1231 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONTAINED IN THE PROVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "STATE", "CONVICTION", AND "LOW SPEED VEHICLES", AND TO PROVIDE A DEFINITION FOR THE TERM "HOME JURISDICTION"; TO AMEND SECTION 56-1-640, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' POLICY OF REPORTING A CONVICTION OF A PERSON FROM ANOTHER STATE TO THE APPROPRIATE AUTHORITY OF HIS HOME STATE, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT A CONVICTION OF A PERSON FROM CANADA OR MEXICO THAT OCCURS IN THIS STATE SHALL BE REPORTED TO THE PERSON'S HOME COUNTRY; TO AMEND SECTION 56-1-747, RELATING TO THE DEFINITION OF THE TERM "CONVICTION", SO AS TO DELETE A REFERENCE TO ITS DEFINITION CONTAINED IN SECTION 56-1-2030; TO AMEND SECTION 56-1-790, RELATING TO THE RECORDING OF MOTOR VEHICLE CONVICTIONS OF RESIDENTS OF SOUTH CAROLINA THAT OCCUR IN OUT-OF-STATE JURISDICTIONS, SO AS TO PROVIDE THAT CERTAIN OUT-OF-STATE CONVICTIONS MUST NOT BE RECORDED ON THE PERSON'S DRIVING RECORD IN THIS STATE FOR HISTORICAL PURPOSES; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE ACT, SO AS TO DELETE THE DEFINITION OF THE TERM "CONVICTION", AND TO REVISE THE DEFINITION OF THE TERM "HAZARDOUS MATERIALS"; TO AMEND SECTION 56-1-2100, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO REVISE THE DESCRIPTION OF A VEHICLE THAT REQUIRES A DRIVER TO POSSESS A CLASS C COMMERCIAL DRIVER'S LICENSE; AND TO REPEAL SECTIONS 56-1-630, 56-1-710, AND 56-1-1310, RELATING TO THE DEFINITIONS OF TERMS CONTAINED IN THE DRIVER LICENSE COMPACT, THE DEFINITION OF THE TERM "CONVICTION" AS IT RELATES TO THE POINT SYSTEM FOR EVALUATING OPERATING RECORDS OF DRIVERS, AND THE DEFINITION OF THE TERM "CONVICTED" AS IT RELATES TO THE ISSUANCE OF PROVISIONAL DRIVER'S LICENSES.

Senator RYBERG asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senator HUTTO proposed the following amendment (SWB\ 6885CM06), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION   1.   Section 56-1-10 of the 1976 Code, as last amended by Act 170 of 2005, is further amended to read:

"Section 56-1-10.   For the purpose of this title, unless otherwise indicated, the following words, phrases, and terms are defined as follows:

(1)   'Driver' means every person who drives or is in actual physical control of a vehicle.

(2)   'Operator' means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.

(3)   'Owner' means a person, other than a lienholder, having the property or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.

(4)   'Department' means the Department of Motor Vehicles when the term refers to the duties, functions, and responsibilities of the former Motor Vehicle Division of the Department of Public Safety and means the Department of Public Safety otherwise and in Section 56-3-840.

(5)   'State' means a state, territory, or possession of the United States and, the District of Columbia, or the Commonwealth of Puerto Rico.

(6)   'Highway' means the entire width between the boundary lines of every way publicly maintained when any part of it is open to the use of the public for purposes of vehicular travel.

(7)   'Motor vehicle' means every vehicle which is self-propelled, except 'moped' as defined in Article 9 of this chapter, and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.

(8)   'Motorcycle' means every motor vehicle having no more than two permanent functional wheels in contact with the ground or trailer and having a saddle for the use of the rider, but excluding a tractor.

(9)   'Nonresident' means every person who is not a resident of this State.

(10)   'Nonresident's operating privilege' means the privilege conferred upon a nonresident by the laws of this State pertaining to the operation by the person of a motor vehicle, or the use of a vehicle owned by the person, in this State.

(11)   'Conviction' includes the entry of any plea of guilty, the entry of any plea of nolo contendere, and the forfeiture of any bail or collateral deposited to secure a defendant's appearance in court.

(12)   'Cancellation of driver's license' means the annulment or termination by formal action of the Department of Motor Vehicles of a person's driver's license because of some error or defect in the license or because the licensee is no longer entitled to the license; the cancellation of a license is without prejudice, and application for a new license may be made at any time after the cancellation.

(13)   'Revocation of driver's license' means the termination by formal action of the Department of Motor Vehicles of a person's driver's license or privilege to operate a motor vehicle on the public highways, which privilege to operate is not subject to renewal or restoration, except that an application for a new license may be presented and acted upon by the department.

(14)   'Suspension of driver's license' means the temporary withdrawal by formal action of the Department of Motor Vehicles of a person's driver's license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be as specifically designated.

(15)   'Automotive three-wheel vehicle' means every motor vehicle having no more than three permanent functional wheels in contact with the ground, having a bench seat for the use of the operator, and having an automotive type steering device, but excluding a tractor or motorcycle three-wheel vehicle.

(16)   'Alcohol' means a substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol.

(17)   'Alcohol concentration' means:

(a)   the number of grams of alcohol for each one hundred milliliters of blood by weight; or

(b)   as determined by the South Carolina Law Enforcement Division for other bodily fluids.

(18)   'Motorcycle three-wheel vehicle' means every motor vehicle having no more than three permanent functional wheels in contact with the ground to include motorcycles with detachable side cars, having a saddle type seat for the operator, and having handlebars or a motorcycle type steering device but excluding a tractor or automotive three-wheel vehicle.

(19)   'Low speed vehicle' or 'LSV' means a four-wheeled motor vehicle, other than an all terrain vehicle, whose speed attainable in one mile is more than twenty miles an hour and not more than twenty-five miles an hour on a paved level surface, and whose GVWR is less than three thousand pounds.

(20)   'All terrain vehicle' or 'ATV' means a motor vehicle measuring fifty inches or less in width, designed to travel on three or more wheels and designed primarily for off-road recreational use, but not including farm tractors or equipment, construction equipment, forestry vehicles, or lawn and grounds maintenance vehicles.

(21)   'Operator' or 'driver' means a person who is in actual physical control of a motor vehicle upon a highway.

(22)   'Person' means every natural person, firm, partnership, trust, company, firm, association, or corporation. Where the term 'person' is used in connection with the registration of a motor vehicle, it includes any corporation, association, partnership, trust, company, firm, or other aggregation of individuals which owns or controls the motor vehicle as actual owner, or for the purpose of sale or for renting, as agent, salesperson, or otherwise.

(23)   'Home jurisdiction' means the jurisdiction which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle."

SECTION   2.   Section 56-1-640 of the 1976 Code is amended to read:

"Section 56-1-640.   The Department of Motor Vehicles shall report each conviction of a person from another party state, Canada, or Mexico occurring within South Carolina to the licensing authority of the home state jurisdiction of the licensee. The report shall clearly identify the person convicted, describe the violation specifying the section of the statute or ordinance violated, identify the court in which action was taken, indicate whether a plea of guilty or not guilty was entered or the conviction was a result of the forfeiture of bail, bond, or other security, and include any special findings."

SECTION   3.   Section 56-1-747 of the 1976 Code is amended to read:

"Section 56-1-747.   For purposes of Section 56-1-746 a conviction is defined as provided in Section 56-1-2030 and includes being adjudicated under juvenile proceedings."

SECTION   4.   Section 56-1-790 of the 1976 Code is amended to read:

"Section 56-1-790.   (A)   The Department of Motor Vehicles may enter into a reciprocal agreement with the proper agency of any other state for the purpose of reporting convictions in one state by a person holding a driver's license in the other state. Such convictions Convictions in another state of a violation therein which, if committed in this State, would be a violation of the traffic laws of this State, may be recorded against a driver the same as if the conviction had been made in the courts of this State. When a resident of this State has been convicted of a motor vehicle violation in another state for which there is no corresponding offense in this State, excluding the offenses listed in Section 56-1-650(A), the conviction must not be recorded on the person's driving record in this State for historical purposes.

(B)   Guilty pleas, failure to respond to charges or convictions by courts-martial or post or base commanders of any of the various branches of the Armed Forces of the United States or by a United States Commissioner of a violation either on or off government property which, if committed in this State, would be a violation of the laws of this State, may, in the discretion of the department, be recorded against a driver the same as if the plea of guilty, forfeiture of bond, or conviction had been made in the courts of this State.

(C)   For purposes of this section, 'conviction' means an unvacated adjudication of guilty, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or another jurisdiction's administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs, or a determination of a violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated."

SECTION   5.   Section 56-1-2030 of the 1976 Code, as last amended by Act 42 of 2005, is further amended to read:

"Section 56-1-2030.   As used in this article:

(1)   'Commercial driver's license' means a license issued in accordance with the requirements of the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570) to an individual which authorizes the individual to drive a class of commercial motor vehicle.

(2)   'Commercial Driver's License Information System' means the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986 to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.

(3)   'Commercial driver's instruction permit' means a permit issued pursuant to Section 56-1-2080(D) of this article.

(4)   'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property if the vehicle:

(a)   has a gross vehicle weight rating of twenty-six thousand one or more pounds;

(b)   is designed to transport sixteen or more persons, including the driver; or

(c)   is transporting hazardous materials and is required to be placarded in accordance with 49 CFR Part 172, subpart F.

(5)   'CMVSA' means the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570).

(6)   'Controlled substance' means a substance classified under Section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) listed on Schedules I through V of 21 CFR Part 1308, as revised.

(7)   'Conviction' means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.

(8)   'Disqualification' means a withdrawal of the privilege to drive a commercial motor vehicle.

(9)(8)   'Drive' means to drive, operate, or be in physical control of a motor vehicle.

(10)(9)   'Driver' means a person who drives a commercial motor vehicle or who is required to hold a commercial driver's license.

(11)(10)   'Driver's license' means a license issued to an individual which authorizes the individual to drive a motor vehicle.

(12)(11)   'Employer' means a person, including the United States, a state, or a political subdivision of a state who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle.

(13)(12)   'Endorsement' means a special authorization to drive certain types of vehicles or to transport certain types of property or a certain number of passengers.

(14)(13)   'Felony' means an offense under state or federal law that is punishable by death or imprisonment for more than one year.

(15)(14)   'Foreign jurisdiction' means a jurisdiction other than a state of the United States.

(16)(15)   'Gross vehicle weight rating' means the weight or the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle. The gross vehicle weight rating of a combination vehicle (commonly referred to as the 'gross combination weight rating') is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of a towed unit.

(17)(16)   'Hazardous materials' has the meaning as that found in Section 103 of the Hazardous Materials Transportation Act (49 U.S.C. 1801, et seq.) means any material that has been designated as hazardous under 49 CFR 383.5 and 49 USC 5103 and is required to be placarded under subpart F of 49 CFR Part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR Part 73.

(18)(17)   'Motor vehicle' means a vehicle which is self- propelled and a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails, except a vehicle moved solely by human power and motorized wheelchairs.

(19)(18)   'Out-of-service order' means declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a person, a commercial motor vehicle, or a motor carrier operation is out of service pursuant to 49 CFR Sections 386.72, 390.5, 392.5, 395.13, 396.9, or compatible laws, or the North American Uniform Out-of-Service Criteria. For purposes of this article, regulations requiring disqualifications for violations of out-of-service orders affect all vehicles with a gross combination weight rating or gross vehicle weight rating greater than 10,000 pounds, as contained in 49 CFR Sections 383, 390.5, and 393 of the Federal Motor Carrier Regulations.

(20)(19)   'Recreational vehicle' means a self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family/personal conveyance.

(21)(20)   'Restriction' means a prohibition against driving certain types of vehicles or a requirement that the driver comply with certain conditions when driving a motor vehicle.

(22)(21)   'Serious traffic violation' means a conviction when operating a motor vehicle of:

(a)   excessive speeding, involving a single charge for a speed fifteen miles an hour or more above the speed limit;

(b)   reckless driving, including charges of driving a commercial motor vehicle in a wilful or wanton disregard for the safety of persons or property;

(c)   improper or erratic traffic lane changes;

(d)   following the vehicle ahead too closely;

(e)   a violation of a state or local law related to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death or serious bodily injury to a person;

(f)   driving a commercial motor vehicle without obtaining a commercial driver's license;

(g)   driving a commercial motor vehicle without a commercial driver's license in the driver's possession. A person who provides proof to the law enforcement authority that issued the citation, by the date the individual must appear in court or pay any fine for the violation, that the individual held a valid commercial driver's license on the date the citation was issued, is not guilty of this offense; or

(h)   driving a commercial motor vehicle without the proper class of commercial driver's license, or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported, or both.

(23)(22)   'School bus' means a commercial motor vehicle used to transport pre-primary, primary, or secondary students from home to school, from school to home, or to and from school-sponsored events. School bus does not include a bus used as a common carrier.

(24)(23)   'State' means a state or territory of the United States and the District of Columbia and the federal government and a province or territory of Canada.

(25)(24)   'Tank vehicle' means a commercial motor vehicle that is designed to transport a liquid or gaseous material within a tank that either is attached permanently or temporarily to the vehicle or its chassis. These vehicles include, but are not limited to, cargo tanks and portable tanks as defined in 49 CFR Part 171. This definition does not include portable tanks having a rated capacity under one thousand gallons.

(26)(25)   'United States' means the fifty states and the District of Columbia.

(27)(26)   'Farm related vehicle' means a vehicle used:

(a)   in custom harvester operations;

(b)   in livestock feeding operations; or

(c)   by an agri-chemical business or a company which hauls agri-chemical products to a farm.

(28)(27)   'Seasonal restricted commercial driver's license' means a commercial driver's license issued under the authority of the waiver promulgated by the Federal Department of Transportation (57 Federal Register 13650) by the department to an individual who has not passed the knowledge or skill test required of other commercial driver's license holders. This license authorizes operation of a commercial motor vehicle only on a seasonal basis, stated on the license, by a seasonal employee of a custom harvester, livestock feeder, agri-chemical operation, and company hauling agri-chemical products to a farm within one hundred fifty miles of the place of business.

(29)(28)   'Traffic violation' means the offenses contained in 49 CFR 383.51(d) regarding driving disqualifications for violating railroad-highway grade crossing violations."

SECTION   6.   Section 56-1-2100(B)(1)(c) of the 1976 Code is amended to read:

"(c)   Class C:   A single vehicle, or combination of vehicles, that are not Class A or B vehicles but either designed to transport 16 sixteen or more passengers including the driver, or are required to be placarded for hazardous materials under 49 CFR, Part 172, subpart F."

SECTION   7.   Section 56-1-2005 of the 1976 Code, as added by Act 42 of 2005, is amended to read:

"Section 56-1-2005.   The South Carolina Department of Motor Vehicles shall must administer the South Carolina Commercial Driver's License Program in accordance with the Federal Motor Carrier Safety Regulations. The rules adopted by and regulations promulgated by the United States Department of Transportation (USDOT) relating to safety of operation and to equipment (49 CFR Parts 380, 382-385, and 390-399 and amendments thereto) and the rules adopted by and regulations promulgated by the USDOT relating to hazardous material (49 CFR Parts 171-180 and amendments thereto) must be adopted and enforced in South Carolina."

SECTION   8.   Section 56-1-430 of the 1976 Code is amended to read:

"Section 56-1-430.   Upon conviction of an offense making mandatory the suspension or revocation of the driver's license of the person so convicted, an appeal taken from such the conviction shall act acts as a supersedeas so as to preclude for a period of sixty days from the date of conviction, any such a suspension or revocation until a final order is issued by a court of this State having jurisdiction over the matter. A final order is one which no further appeal may be or has been taken. In an appeal involving an offense making mandatory the suspension or revocation of the driver's license of the convicted person, an appellate court must provide notice to the department of a final ruling."

SECTION   9.   Sections 56-1-630, 56-1-710, and 56-1-1310 are repealed.

SECTION   10.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION   11.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

On motion of Senator RYBERG, with unanimous consent, S. 1231 was ordered to receive a third reading on Friday, April 28, 2006.

S. 1295 (Word version) -- Senators Cromer, Sheheen, Lourie, Hawkins, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Short, J. Verne Smith, Thomas, Verdin and Williams: A BILL TO AMEND ARTICLE 7, CHAPTER 17, TITLE 16 OF THE 1976 CODE, RELATING TO MISCELLANEOUS CRIMES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-525 TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY OR MALICIOUSLY DISTURB OR INTERRUPT A FUNERAL SERVICE.

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 (JUD1295.002), which was adopted:

Amend the bill, as and if amended, page 1, by striking SECTION 1 and inserting:

/   SECTION   1.   Chapter 17, Title 16 of the 1976 Code is amended by adding:

"Section 16-17-525.   (A)   It is unlawful for a person to wilfully, knowingly, or maliciously disturb or interrupt a funeral service.

(B)   This section applies to a willful, knowing, or malicious disturbance or interruption within:

(1)   one thousand feet of the funeral service; and

(2)   a time period of one-half hour before the funeral service until one-half hour after the funeral service.

(C)   A person who violates this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars or imprisoned not more than thirty days.

(D)   For purposes of this section, 'funeral service' means any ceremony, procession, or memorial held in connection with the memorialization, burial, cremation, or other disposition of a deceased person's body."   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

Senator CROMER proposed the following amendment (BBM\ 9437HTC06), which was adopted:

Amend the bill, as and if amended, Section 16-17-525, as contained in SECTION 1, by adding an appropriately lettered subsection to read:

/ ( )     It is unlawful for a person to undertake an activity at a public or privately owned cemetery, other than the decorous participation in a funeral service or visitation of a burial space, without the prior written approval of the public or private owner. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days. /

Renumber sections to conform.

Amend title to conform.

Senator CROMER explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 3079 (Word version) -- Reps. Howard, Clyburn, Cobb-Hunter and Whipper: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-25, 2-19-30, 2-19-35, 2-19-70, 2-19-80, 2-19-100, 2-19-110, ALL AS AMENDED, AND SECTION 2-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED AND FIT CANDIDATES TO THE GENERAL ASSEMBLY, TO DELETE THE REQUIREMENT THAT RACE, GENDER, NATIONAL ORIGIN, AND OTHER DEMOGRAPHIC FACTORS BE CONSIDERED BY THE COMMISSION, TO DEFINE THE TERM "IMMEDIATE FAMILY MEMBER", AND TO PROVIDE FURTHER CONFORMING CHANGES.

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. P-2 (JUD3079.013), proposed by Senator McCONNELL on March 28, 2006.

Senator McCONNELL proposed the following Amendment P-2 (JUD3079.013), which was tabled:

Amend the committee report, page [3079-4], by striking SECTION 5 in its entirety and inserting:

/   SECTION   5.   Section 2-19-80 of the 1976 Code, as last amended by Act 49 of 2001, is further amended to read:

"Section 2-19-80.   (A)   The commission shall make nominations to the General Assembly of candidates and their qualifications for election to the Supreme Court, court of appeals, circuit court, family court, and the administrative law judge division court. It shall review the qualifications of all applicants for a judicial office and select therefrom and submit to the General Assembly Governor only the names and qualifications of the three candidates whom it considers best qualified for the judicial office under consideration. If fewer than three persons apply to fill a vacancy or if the commission concludes there are fewer than three candidates qualified for a vacancy, it shall submit as nominated to the General Assembly Governor only the names and qualifications of those who are considered found to be qualified, with a written explanation for submitting fewer than three names.

(B)   The nominations of the commission for any judgeship are binding on the General Assembly, and it shall not elect a person not nominated by the commission. Nothing shall prevent the General Assembly from rejecting all persons nominated. In this event, the commission shall submit another group of names and qualifications for that position. Within ten days of receipt of the commission's reports or recommendations, the Governor must select one of the nominees and forward his name to the commission. Within five days of receipt of the Governor's nominee, the commission may nominate the candidate to the General Assembly for subsequent election or the commission may override the Governor's nominee upon a three-fourths vote of the commission. If the commission overrides the Governor's nominee, the Governor must, within ten days of notification of the commission's rejection of the candidate, select another nominee from the remaining two nominees to forward to the commission for nomination. Within five days of receipt of the Governor's new nominee, the commission may then nominate that candidate to the General Assembly for subsequent election or override that nominee's selection upon a three-fourths vote of the commission. Further nominations in the manner required by this chapter must be made until the office is filled.

(C)(1)   If the commission does not find the incumbent justice or judge qualified for the judicial office held and sought, his name shall not be submitted to the General Assembly Governor for nomination and subsequent re-election by the General Assembly. and upon Upon expiration of his then current term of office, he shall cease serving in that judicial position.

(2)   If the commission finds an incumbent judge not qualified for the office sought, or if an incumbent judge dies, withdraws, or becomes otherwise disqualified for the office sought between the time he makes application for the office and the date of the election therefor, the election for the office may not be held at that scheduled time, and the commission shall proceed in accordance with the provisions of this chapter to make other nominations for the office as though a new vacancy without an incumbent exists in that office, including reopening the application process with all required notices. Nothing prevents the commission from including in its new nominations the names and qualifications of persons other than the incumbent judge it included in its previous nominations.

(D)   The commission shall accompany its nominations to the Governor and subsequently to the General Assembly with reports or recommendations as to the qualifications of particular candidates.

(E)   A period of at least two weeks must elapse from the date of forwarding the commission's nominations to the Governor for nomination of one candidate, the Governor's return to the commission for nomination, and the commission's nomination of the candidate to the General Assembly for election and the date the General Assembly conducts the election for these judgeships.     /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator PATTERSON argued contra to the adoption of the amendment.

Senator MALLOY moved to lay the amendment on the table.

The amendment was laid on the table.

Senator CROMER desired to be recorded as voting against the motion to table the amendment.

Senators MALLOY and KNOTTS proposed the following Amendment P-3 (JUD3079.012), which was adopted:

Amend the committee report, page [3079-4] by striking SECTION 5 in its entirety and inserting:

/   SECTION   5.   Section 2-19-80(A) of the 1976 Code, as last amended by Act 49 of 2001, is further amended to read:

"Section 2-19-80.   (A)   The commission shall make nominations to the General Assembly of candidates and their qualifications for election to the Supreme Court, court of appeals, circuit court, family court, and the administrative law judge division court. It shall review the qualifications of all applicants for a judicial office and select therefrom and submit to the General Assembly the names and qualifications of the three five candidates whom it considers best qualified for the judicial office under consideration. If fewer than three five or fewer persons apply to fill a vacancy or if the commission concludes finds there are five or fewer than three candidates qualified for a vacancy, it shall submit as nominated to the General Assembly only all the names and qualifications of those who are considered found to be qualified,. with a A written explanation for submitting fewer than three names must be provided in the report for any candidate found unqualified who does not withdraw within twenty-four hours of notification by the commission's staff after the commission's public hearing."   /

Renumber sections to conform.

Amend title to conform.

Senator MALLOY explained the amendment.

The amendment was adopted.

Senator RICHARDSON proposed the following Amendment No. P-4 (JUD3079.015):

Amend the committee report, pages [3079-3 and 3079-4], by striking SECTION 4 in its entirety and inserting:

/   SECTION   4.   Subsections (C), (D), and (E) of Section 2-19-70 of the 1976 Code are amended to read:

"(C)   No candidate for judicial office person may directly or indirectly seek directly or indirectly the pledge of a member of the General Assembly's vote or, directly or indirectly, contact a member of the General Assembly regarding screening for the any judicial office until the qualifications of all candidates for that office have been determined by the Judicial Merit Selection Commission and the commission has formally released its report as to the qualifications of all candidates for the vacancy to the General Assembly. No member of the General Assembly may directly or indirectly offer his pledge to any person who plans to seek any judicial office or to any candidate until the qualifications of all candidates for that office have been determined by the Judicial Merit Selection Commission and until the commission has formally released its report as to the qualifications of its nominees to the General Assembly. The formal release of the report of qualifications shall occur no earlier than forty-eight hours after the nominees have been initially released to members of the General Assembly. For purposes of this section, indirectly seeking a pledge means the a person, a candidate, or someone acting on behalf of and at the request of the a person or a candidate, requesting a person someone to contact a member of the General Assembly on behalf of the a person or a candidate before nominations for that office are formally made by the commission. The prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements by the candidate detailing the candidate's qualifications.

(D)   No member of the General Assembly may trade anything of value, including pledges to vote for legislation or for other persons or candidates, in exchange for another member's pledge to vote for a candidate for judicial office.

(E)   Violations of this section may be considered by the merit selection commission when it considers the candidate's qualifications. Violations of this section by members of the General Assembly shall be reported by the commission and its staff to the House or Senate Ethics Committee, as may be applicable. Violations of this section by nonlegislative commission members shall be reported by the commission to the State Ethics Commission. A violation of this section is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days. Cases tried under this section may not be transferred from general sessions court pursuant to Section 22-3-545.

(F)   Any member of the General Assembly found guilty of violating subsections (C) and (D) of this section forfeits his right to vote in all judicial elections for the remainder of his elected term."     /

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON explained the amendment.

Senator SHEHEEN argued contra to the adoption of the amendment.

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

Senator RITCHIE objected to further consideration of the Bill.

H. 4644 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGH SCHOOL LEAGUE TO SCHEDULE THE ANNUAL STATE HIGH SCHOOL FOOTBALL CHAMPIONSHIPS AT A FACILITY ON THE CAMPUS OF OTHER COLLEGES OR UNIVERSITIES WHICH MEET THE SAME SEATING CAPACITY AND OTHER CRITERIA AS THE WILLIAMS-BRICE STADIUM AT THE UNIVERSITY OF SOUTH CAROLINA IN ORDER TO EXPOSE THE PARTICIPANTS IN THE EVENT TO OTHER COLLEGES AND UNIVERSITIES IN WHICH THEY MAY BE INTERESTED IN ATTENDING.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5042 (Word version) -- Reps. Delleney, W.D. Smith, Cato, Ott, Sandifer and F.N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 24, 2006, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 9, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2008; AND TO ELECT SUCCESSORS TO THE MEMBERS OF THE SECOND, FOURTH, AND SIXTH DISTRICTS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO FILL TERMS WHICH EXPIRE JUNE 30, 2006.

The Concurrent Resolution was adopted, ordered returned to the House.

S. 1359 (Word version) -- Senator Reese: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF PINE STREET IN THE CITY OF SPARTANBURG FROM ITS INTERSECTION WITH CHURCH STREET TO ITS INTERSECTION WITH DANIEL MORGAN AVENUE THE "VIC BAILEY HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "VIC BAILEY HIGHWAY".

The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.

Senator REESE proposed the following amendment (1359R001.WGR), which was adopted:

Amend the concurrent resolution, as and if amended, page 2, by striking lines 10 -16 and inserting:

/     That the members of the General Assembly of the State of South Carolina, by this resolution, request that the Department of Transportation name the portion of Daniel Morgan Avenue in the City of Spartanburg that runs from the intersection of Daniel Morgan Avenue and Church Street to the intersection of Daniel Morgan Avenue and Pine Street, the "Vic Bailey Boulevard" and erect appropriate markers or signs along this portion of highway that contain the words "Vic Bailey Boulevard".       /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

The amendment was adopted.

There being no further amendments, the Concurrent Resolution was adopted and ordered sent to the House with amendments.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

H. 3193 (Word version) -- Reps. W.D. Smith, Clemmons, Barfield, Viers, Edge, Miller, Anderson and Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-110 SO AS TO PROVIDE THAT A TECHNICAL EDUCATION INSTITUTION UNDER THE CONTROL OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION MAY CHANGE ITS NAME PURSUANT TO CERTAIN CIRCUMSTANCES.

The Bill was returned from the House.

Senator COURSON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.

The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.

Senator COURSON asked unanimous consent to recommit the Bill to the Committee on Education.

There was no objection and the Bill was recommitted.

H. 4195 (Word version) -- Rep. Perry: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 100 TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "PARROT HEAD" SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO THE SOUTH CAROLINA PARROT HEAD CLUB COUNCIL TO BE USED TO SUPPORT THE PALMETTO CHAPTER OF THE ALZHEIMER'S ASSOCIATION AND THE UPSTATE SOUTH CAROLINA CHAPTER OF THE ALZHEIMER'S ASSOCIATION.

The House returned the Bill with 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 THE ADJOURNED DEBATE.

S. 969 (Word version) -- Senators McConnell, Leatherman, Thomas, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams, Ford, Anderson and Knotts: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ANNUAL BUDGETS AND EXPENSES OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS, SO AS TO PROVIDE THAT IF A TAX MUST BE LEVIED TO PAY FOR A DEFICIENCY OF THE PRECEDING YEAR, ANY CATASTROPHIC EVENT OUTSIDE THE CONTROL OF THE GOVERNING BODY, OR COMPLIANCE WITH A COURT ORDER OR DECREE, THE AMOUNT OF TAX PAID BY A TAXPAYER MUST BE LISTED ON THE TAX STATEMENT AS A SEPARATE SURCHARGE AND NOT INCLUDED WITH A GENERAL MILLAGE INCREASE; AND PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF THIS STATE, RELATING TO FINANCE AND TAXATION, BY ADDING SECTION 17, SO AS TO PROVIDE THAT, EXCEPT IN CERTAIN CIRCUMSTANCES, A SCHOOL DISTRICT, COUNTY, MUNICIPALITY, SPECIAL PURPOSE DISTRICT, PUBLIC SERVICE DISTRICT, OR POLITICAL SUBDIVISION OF THE STATE MUST LIMIT AN INCREASE IN ITS MILLAGE RATE TO NO MORE THAN THE AVERAGE OF THE PERCENTAGE INCREASES IN THE TOTAL PERSONAL INCOME GROWTH IN THE STATE FOR EACH OF THE THREE PREVIOUSLY COMPLETED CALENDAR YEARS FOR WHICH FIGURES ARE AVAILABLE FROM THE UNITED STATES DEPARTMENT OF COMMERCE.

The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.

On motion of Senator MARTIN, the Joint Resolution was carried over.

S. 1205 (Word version) -- Senators Grooms, Verdin, Hutto, Peeler, Williams, Land, Bryant, O'Dell, Jackson, Cromer, Ford, Knotts and Setzler: A BILL TO AMEND CHAPTER 45 OF TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUISANCE SUITS PERTAINING TO AGRICULTURAL OPERATIONS, SO AS TO PROVIDE THAT WITH CERTAIN EXCEPTIONS LOCAL ORDINANCES IN CONFLICT WITH STATE LAW OR REGULATIONS GOVERNING AN AGRICULTURAL FACILITY OR OPERATION, ARE NULL AND VOID AND TO FURTHER DEFINE WHAT CONSTITUTES AN AGRICULTURAL OPERATION.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senator LEVENTIS spoke on the Bill.

At 12:41 P.M., Senator McCONNELL assumed the Chair.

Senator LEVENTIS spoke on the Bill.

At 12:46 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was present.

The Senate resumed.

Senator LEVENTIS resumed speaking on the Bill.

At 1:02 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator RYBERG moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Bryant
Campsen                   Courson                   Cromer
Elliott                   Fair                      Ford
Grooms                    Hawkins                   Jackson
Knotts                    Leventis                  Lourie
Malloy                    McConnell                 McGill
Mescher                   Peeler                    Pinckney
Reese                     Ritchie                   Ryberg
Scott                     Setzler                   Sheheen
Short                     Thomas                    Verdin
Williams

A quorum being present, the Senate resumed.

Senator LEVENTIS resumed speaking on the Bill.

At 1:14 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator PEELER moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Bryant
Campsen                   Courson                   Cromer
Elliott                   Ford                      Grooms
Jackson                   Knotts                    Leventis
Lourie                    Malloy                    McConnell
McGill                    Mescher                   O'Dell
Peeler                    Pinckney                  Reese
Ritchie                   Ryberg                    Scott
Setzler                   Sheheen                   Short
Thomas                    Verdin                    Williams

A quorum being present, the Senate resumed.

Senator LEVENTIS resumed speaking on the Bill.

Senator WILLIAMS asked unanimous consent to make a motion that the Senate stand adjourned.

Senator PEELER objected.

Senator LEVENTIS resumed speaking on the Bill.

At 1:24 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator RYBERG moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Bryant
Campsen                   Courson                   Cromer
Elliott                   Fair                      Ford
Grooms                    Hawkins                   Hutto
Jackson                   Knotts                    Leatherman
Leventis                  Lourie                    Malloy
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Peeler
Pinckney                  Reese                     Ritchie
Ryberg                    Setzler                   Sheheen
Short                     Verdin                    Williams

A quorum being present, the Senate resumed.

Senator LEVENTIS argued contra to the third reading of the Bill.

At 1:50 P.M., the PRESIDENT assumed the Chair.

Senator LEVENTIS argued contra to the third reading of the Bill.

At 2:40 P.M., Senator MARTIN moved under the provisions of Rule 15A to set a time certain of 2:55 P.M. to vote on the entire matter of S.1205.

Senator LEVENTIS resumed arguing contra to the third reading of S. 1205.

At 2:53 P.M., Senator MARTIN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator MARTIN moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Bryant                    Campsen
Courson                   Cromer                    Elliott
Fair                      Grooms                    Hawkins
Hutto                     Jackson                   Knotts
Leatherman                Leventis                  Lourie
Malloy                    Martin                    Matthews
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Patterson
Peeler                    Reese                     Ritchie
Ryberg                    Scott                     Setzler
Sheheen                   Short                     Verdin
Williams

A quorum being present, the Senate resumed.

Senator LEVENTIS resumed arguing contra to the third reading of the Bill.

The time had arrived to vote on the motion under Rule 15A.

At 2:57 P.M., the "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander                 Bryant                    Cromer
Fair                      Grooms                    Hawkins
Hutto                     Leatherman                Martin
McConnell                 Mescher                   Moore
O'Dell                    Peeler                    Ritchie
Ryberg                    Scott                     Short
Verdin

Campsen                   Courson                   Jackson
Leventis                  Lourie                    Malloy
Matthews                  McGill                    Patterson
Reese                     Sheheen                   Williams

Senator FAIR asked unanimous consent that the Journal reflect that Senator HAYES desired to be recorded as voting against the motion. However, recording his vote would have changed the outcome of the vote.

Having received the necessary vote, the motion under Rule 15A was adopted.

Senator LEVENTIS spoke on the motion.

Senator MARTIN spoke on the motion.

Senator McCONNELL spoke on the motion.

Senator PEELER spoke on the motion.

The question then was the third reading of the Bill.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander                 Bryant                    Cromer
Elliott                   Fair                      Ford
Grooms                    Hawkins                   Hutto
Jackson                   Knotts                    Land *
Leatherman                Martin                    McConnell
McGill                    Mescher                   Moore
O'Dell                    Peeler                    Reese
Ritchie                   Ryberg                    Scott
Setzler                   Sheheen                   Short
Verdin                    Williams

Campsen                   Cleary *                  Courson
Hayes *                   Leventis                  Lourie
Malloy                    Matthews                  Patterson

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.

Having received a favorable report from the Marion County Delegation, the following appointment was confirmed in open session:

Reappointment, Marion County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Lunette R. Cox, P. O. Box 35, Gresham, S.C. 29546

Having received a favorable report from the Lexington County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Lexington County Master-in-Equity, with term to commence January 1, 2007, and to expire January 1, 2013

James O. Spence, 6521 Edmund Highway, Lexington, S.C. 29073 VICE Clyde Davis

On motion of Senator CLEARY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Dr. Dewey Nye of Myrtle Beach, S.C.

At 3:19 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.

This web page was last updated on Wednesday, June 24, 2009 at 1:08 P.M.