Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.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:

The prophet Isaiah writes:

"Listen to me, you who know righteousness, you people who have my teaching in your hearts; do not fear the reproach of others, and do not be dismayed when they revile you."     (Isaiah 51:7)
  Bow in prayer with me, if you will:
  Loving Lord, we confess that often the cost of serving You seems greater than many of Your servants might choose to pay. Always being under a magnifying glass, having words twisted out of context on occasion and facing critics of all stripes on every corner, so it seems-it is often dismaying, and disheartening. O God, strengthen the will of each of these Senators that they might serve You boldly, righteously and confidently, knowing that You are with them, granting them strength should they ever falter. In Your loving name we pray, O Lord.
Amen.

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

Senator MARTIN introduced Dr. Lorie Carnsew of Liberty, S.C., Doctor of the Day.

At 2:05 P.M., Senator LEATHERMAN requested a leave of absence beginning at 4:00 P.M. and lasting until Tuesday at Noon.

At 2:05 P.M., Senator LEVENTIS requested a leave of absence beginning at 4:15 P.M. and lasting until 10:00 A.M. tomorrow.

On motion of Senator RYBERG, at 2:05 P.M., Senator GREGORY was granted a leave of absence for today and tomorrow.

At 2:10 P.M., Senator McGILL requested a leave of absence beginning at 6:00 P.M. and lasting until 7:00 A.M. tomorrow.

At 4:25 P.M., Senator RITCHIE requested a leave of absence until 5:40 P.M. this evening.

The following co-sponsors were added to the respective Bills:
S. 959 (Word version)       Sens. Rankin, Cleary and McGill
S. 1106 (Word version)     Sen. Campsen

H. 4830 (Word version) -- Reps. Shoopman, Harrell, Leach, Mahaffey, Bedingfield, Bannister, Haskins, Walker, Anthony, Mitchell, Talley, Cato, G.R. Smith, Allen, Hamilton, Kelly, Littlejohn, Rice and W.D. Smith: A JOINT RESOLUTION TO PROVIDE THAT IN 2009 AND 2010, 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 TWENTY-SIX 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.

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

There was no objection.

The Resolution was recalled from the Committee on Transportation.

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

There was no objection.

The question then was the second reading of the Resolution.

The Joint Resolution was read the second time, passed and ordered to a third reading.

H. 4600 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME EXIT 190 ALONG INTERSTATE HIGHWAY 95 IN DILLON COUNTY THE "BEN BERNANKE INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THE EXIT THAT CONTAIN THE WORDS "BEN BERNANKE INTERCHANGE".

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

The Resolution was recalled from the Committee on Transportation.

Senator ELLIOTT asked unanimous consent to make a motion that the Concurrent Resolution be taken up for immediate consideration.

There was no objection.

The question was the adoption of the Resolution.

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

H. 4492 (Word version) -- Reps. Young, Harrell and Hutson: A BILL TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN DORCHESTER COUNTY, REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF

Senator MARTIN 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 on Judiciary and was ordered placed on the Calendar for consideration tomorrow.

S. 1047 (Word version) -- Senators Grooms, Campbell and Campsen: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO CREATE NEW PRECINCTS, REDESIGNATE AND RENAME CERTAIN PRECINCTS, AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.

Senator MARTIN 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 on Judiciary and was ordered placed on the Calendar for consideration tomorrow.

The following were introduced:

S. 1212 (Word version) -- Senator Ritchie: A BILL TO AMEND SECTION 12-36-2120 OF THE 1976 CODE, RELATING TO SALES TAX EXEMPTIONS, TO PROVIDE THAT CERTAIN APPLIANCES THAT MEET OR EXCEED ENERGY EFFICIENCY REQUIREMENTS UNDER THE ENERGY STAR PROGRAM ARE EXEMPT FROM SALES TAX ON THE FIRST FRIDAY IN AUGUST THROUGH THE FOLLOWING SUNDAY.
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Read the first time and referred to the Committee on Finance.

S. 1213 (Word version) -- Senator Ceips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA

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

S. 1214 (Word version) -- Senator Massey: A BILL TO AMEND SECTION 62-5-504(D) OF THE 1976 CODE, RELATING TO THE FORM OF A HEALTHCARE POWER OF ATTORNEY, TO MAKE CONFORMING CHANGES TO PROVISIONS AFFECTING TUBE FEEDING.
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Read the first time and referred to the Committee on Judiciary.

S. 1215 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-850 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY MAINTAIN AND MOW ROADSIDE VEGETATION BEYOND THIRTY FEET FROM THE PAVEMENT WITHIN THE GREENVILLE CITY LIMITS ALONG CERTAIN AREAS AND INTERCHANGES ON I-85 AND I-385.
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Read the first time and referred to the Committee on Transportation.

Senator RYBERG from the Committee on Labor, Commerce and Industry submitted a favorable report on:

S. 187 (Word version) -- Senators Gregory, Vaughn, Knotts and Lourie: A BILL TO AMEND SECTION 41-1-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF USING TOBACCO PRODUCTS OUTSIDE OF THE WORKPLACE AS THE BASIS FOR TAKING A PERSONNEL ACTION AGAINST AN EMPLOYEE, SO AS TO AUTHORIZE AN EMPLOYER TO

Ordered for consideration tomorrow.

Senator VERDIN from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:

S. 928 (Word version) -- Senator Verdin: A BILL TO AMEND TITLE 46 OF THE 1976 CODE, RELATING TO AGRICULTURE, BY ADDING CHAPTER 53, TO LIMIT THE LIABILITY THAT AN AGRITOURISM PROFESSIONAL MAY INCUR DUE TO AN INJURY OR DEATH SUFFERED BY A PARTICIPANT IN AN AGRITOURISM ACTIVITY, TO PROVIDE THAT AN AGRITOURISM PROFESSIONAL MUST POST A WARNING NOTICE AT THE AGRITOURISM FACILITY, TO PROVIDE THAT WARNING NOTICES MUST BE INCLUDED IN CONTRACTS THE AGRITOURISM PROFESSIONAL ENTERS INTO WITH PARTICIPANTS, TO PROVIDE THAT PARTICIPANTS MUST SIGN A FORM CONTAINING A WARNING NOTICE STATING THE RISKS ASSOCIATED WITH AN AGRITOURISM ACTIVITY, AND TO PROVIDE THAT THE AGRITOURISM PROFESSIONAL'S LIABILITY IS NOT LIMITED IF THE PROPER WARNING NOTICES ARE NOT PROVIDED TO PARTICIPANTS.

Ordered for consideration tomorrow.

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

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

S. 605 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-3-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPLAY OF A MOTOR VEHICLE LICENSE PLATE, SO AS TO PROVIDE THAT IF A MOTORCYCLE IS EQUIPPED WITH VERTICALLY MOUNTED LICENSE PLATE BRACKETS, ITS LICENSE PLATE MUST BE MOUNTED VERTICALLY WITH ITS TOP FASTENED ALONG ITS RIGHT VERTICAL EDGE.

S. 688 (Word version) -- Senators Hawkins, Williams, Ritchie, Grooms, O'Dell, Leatherman, Hayes, Leventis, Land, Campsen, McGill, Short, Bryant, Moore, Vaughn and Pinckney: A BILL TO AMEND SECTION 56-3-9600(B) OF THE 1976 CODE, RELATING TO "NO MORE HOMELESS PETS" SPECIAL LICENSE PLATES, TO PROVIDE THAT FROM THE FUNDS COLLECTED FROM THE LICENSE FEE, THE DEPARTMENT OF AGRICULTURE MAY AWARD GRANTS TO NONPROFIT ORGANIZATIONS OFFERING ANIMAL SPAYING AND NEUTERING PROGRAMS FOUR TIMES A YEAR INSTEAD OF ONCE A YEAR.

S. 1045 (Word version) -- Senators Anderson and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-240 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP GUIDELINES FOR APPROPRIATE INSTRUCTION IN THE PREVENTION OF AND PENALTIES FOR LYNCHING, FIGHTING, AND GANG ACTIVITY AND TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL PROVIDE THIS INSTRUCTION DURING THE FIRST WEEK OF THE SCHOOL YEAR.

Senator ANDERSON explained the Bill.

On motion of Senator ANDERSON, with unanimous consent, S. 1045 was ordered to receive a third reading on Thursday, March 20, 2007.

S. 1117 (Word version) -- Senator Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 101 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE UNITED STATES ARMED SERVICES VETERANS SPECIAL LICENSE PLATES.

H. 4560 (Word version) -- Rep. Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2025 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE EMERGENCY WAIVERS OF THE REGISTRATION AND LICENSING REQUIREMENTS OF

S. 1209 (Word version) -- Senator Patterson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON DECEMBER 10, 2007, BY THE STUDENTS OF GREENVIEW ELEMENTARY SCHOOL WHEN THE SCHOOL WAS CLOSED DUE TO A COLLAPSED CEILING, IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER DISRUPTIONS BE MADE UP.

S. 343 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 56-3-910 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE FEES, TO PROVIDE THAT FEES BE PLACED IN THE STATE HIGHWAY ACCOUNT OF THE TRANSPORTATION INFRASTRUCTURE BANK INSTEAD OF THE DEPARTMENT OF TRANSPORTATION.

The Bill was read the second time and ordered placed on the Third Reading Calendar.

Having voted on the prevailing side, Senator RYBERG asked unanimous consent to make a motion to reconsider the vote whereby the Bill was given second reading.

There was no objection.

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

Senator RYBERG asked unanimous consent to commit the Bill to the Committee on Transportation.

Senator McCONNELL objected.

On motion of Senator RYBERG, the Bill was carried over.

S. 590 (Word version) -- Senator Fair: A BILL TO AMEND CHAPTER 3, TITLE 24 OF THE 1976 CODE, RELATING TO THE STATE PRISON SYSTEM, TO SUBSTITUTE TERMS, TO PROVIDE FOR INMATE WORK AND INMATE WAGES, TO PROVIDE FOR PLACES OF CONFINEMENT, TO PROVIDE FOR CONJUGAL VISITS, TO PROVIDE FOR INMATE TRANSPORTATION, TO PROVIDE FOR INVESTIGATIONS OF MISCONDUCT, TO MAKE TECHNICAL CHANGES; TO AMEND CHAPTER 5, TITLE 24 RELATING TO JAILS, TO SUBSTITUTE TERMS, TO PROVIDE FOR THE EMPLOYMENT OF A JAILER, TO PROVIDE FOR BLANKETS AND BEDDING TO PRISONERS, TO PROVIDE FOR RESERVE DETENTION OFFICERS, TO MAKE TECHNICAL CHANGES; TO AMEND CHAPTER 6, TITLE 24 RELATING TO INMATES, TO SUBSTITUTE TERMS, TO PROVIDE FOR HEALTH CARE SERVICES FOR INMATES, TO PROVIDE FOR CONTRABAND, TO MAKE TECHNICAL CHANGES; TO AMEND CHAPTER 9, TITLE 24 RELATING TO THE JAIL INSPECTION PROGRAM, TO SUBSTITUTE TERMS AND MAKE TECHNICAL CHANGES; TO AMEND CHAPTER 13, TITLE 24 RELATING TO THE INCARCERATION OF PRISONERS, TO SUBSTITUTE TERMS AND MAKE TECHNICAL CHANGES; AND TO REPEAL SECTIONS OF TITLE 24 RELATING TO CORRECTIONS.
(ABBREVIATED TITLE)

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 (590R002.MLF), which was adopted:

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

/   SECTION   1.   Section 24-3-20(A) of the 1976 Code is amended to read:

"(A)   A person convicted of an offense against this State and sentenced to imprisonment for more than three months is in the custody of the South Carolina Department of Corrections, and the department shall designate the place of confinement where the sentence must be served. Nothing in this section prevents a court from ordering a sentence to run concurrently with a sentence being served in another

SECTION   2.   Section 24-3-27(B) of the 1976 Code is amended to read:

"(B)   Every sentenced person committed to a local regional correctional facility constructed or operated pursuant to this section, unless disqualified by sickness or otherwise, must be kept at some useful employment suited to his age and capacity and which may tend to promote the best interest of the citizens of this State. In all cases, the decision to assign work, or disqualify a person from work, or both, is the sole discretion of the official in charge of the facility, and in all cases, no person has a basis to challenge this decision."

SECTION   3.   Section 24-3-30(A) and (B) of the 1976 Code is amended to read:

"(A)   Notwithstanding any other provision of law, a person convicted of an offense against the State must be in the custody of the Department of Corrections, and the department shall designate the place of confinement where the sentence must be served. The department may designate as a place of confinement an available, a suitable, and an appropriate institution or facility including, but not limited to, a regional, county, or municipal jail or work prison camp, whether maintained by the Department of Corrections, or some other entity. However, the consent of the officials in charge of any regional, county, or municipal institutions so designated must be obtained first. If the facility is not maintained by the department, the consent of the sheriff or facility manager of the county or municipal administrator, or the equivalent, where the facility is located must be obtained first. If imprisonment for three months or less is ordered by the court as the punishment, all persons so convicted must be placed in the custody, supervision, and control of the appropriate officials of the county in

(B)   To the greatest extent possible when making a determination of institutional assignment, The the department shall consider must place proximity to the home of a person convicted of an offense against the State in designating the a place of his confinement in close proximity to his home unless if this placement does not jeopardize jeopardizes security as determined by the department or the inmate objects to the consideration of proximity to his home in making his assignment. Proximity to a convicted person's home must not have precedence over departmental criteria for institutional assignment."

SECTION   4.   Section 24-3-40 of the 1976 Code is amended to read:

"Section 24-3-40.   (A)   Unless otherwise provided by law, the employer of a prisoner authorized to work at paid employment in the community under Sections 24-3-20 to 24-3-50 or in a prison industry program provided under Article 3 of this chapter shall pay the prisoner's wages directly to the Department of Corrections. If the prisoner is serving a sentence in a local facility pursuant to a designated facilities agreement or in a local work/punishment program, should a county voluntarily wish to operate one, the same provisions for payment directly to the official in charge of the facility apply if the facility has the means to account for these monies in the same manner as the director of the Department of Corrections.

The Directordirector of the Department of Corrections shall deduct the following amounts from the gross wages of the prisoner:

(1)   If restitution to a particular victim or victims has been ordered by the court, then twenty percent must be used to fulfill the restitution obligation. If a restitution payment schedule has been ordered by the court pursuant to Section 17-25-322, the twenty percent must be applied to the scheduled payments. If restitution to a particular victim or victims has been ordered but a payment schedule has not been specified by the court, the director shall impose a payment schedule of equal monthly payments and use twenty percent to meet the payment schedule so imposed.

(2)   If restitution to a particular victim or victims has not been ordered by the court, or if court-ordered restitution to a particular victim or victims has been satisfied, then one half of the twenty percent referred to in subsectionsubitem (1) must be placed on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404, if the prisoner is engaged in work at paid employment in the community, and the remaining one half must be retained by the department to support services provided by the department to victims of the incarcerated population. At the close of the fiscal year, any excess funds not expended by the department to support victim services shall revert to the victim assistance programs account mandated in Section 24-3-40(A)(2). The department is directed to provide an accounting to the Senate Finance Committee and the House Ways and Means Committee of how the retained funds were expended and the services that were provided by September first each year. If the prisoner is employed in a prison industry program, then the twenty percent referred to in subsectionsubitem (1) must be directed to the State Office of Victim Assistance for use in training, program development, victim compensation, and general administrative support pursuant to Section 16-3-1410.

(3)   Thirty-five percent must be used to pay the prisoner's child support obligations pursuant to law, court order, or agreement of the prisoner. These child support monies must be disbursed to the guardian of the child or children or to appropriate clerks of court, in the case of court ordered child support, for application toward payment of child support obligations, whichever is appropriate. If there are no child support obligations, then twenty-five percent must be used by the Department of Corrections to defray the cost of the prisoner's room and board. Furthermore, if there are no child support obligations, then ten percent must be made available to the inmate during his incarceration for the purchase of incidentals pursuant to subsection (4). This is in addition to the ten percent used for the same purpose in subsection subitem (4).

(4)   Ten percent must be available to the inmate during his incarceration for the purchase of incidentals. Any monies made available to the inmate for the purchase of incidentals also may be distributed to the person or persons of the inmate's choice.

(5)   Ten percent must be held in an interest bearing escrow account for the benefit of the prisoner.

(6)   The remaining balance must be used to pay federal and state taxes required by law. Any monies not used to satisfy federal and state taxes must be made available to the inmate for the purchase of incidentals pursuant to subsection subitem (4).

(B)   The Department of Corrections or local facility, if applicable, shall return a prisoner's wages held in escrow pursuant to subsection (A) as follows:

(1)   A prisoner released without community supervision must be given his escrowed wages upon his release.

(2)   A prisoner serving life in prison or sentenced to death shall be given the option of having his escrowed wages included in his estate or distributed to the persons or entities of his choice.

(3)   A prisoner released to community supervision shall receive two hundred dollars or the escrow balance, whichever is less, upon his release. Any remaining balance must be disbursed to the Department of Probation, Parole and Pardon Services. The prisoner's supervising agent shall apply this balance toward payment of the prisoner's housing and basic needs and dispense any balance to the prisoner at the end of the supervision period."

SECTION   5.   Section 24-3-50 of the 1976 Code is amended to read:

"Section 24-3-50.   The wilful failure of a prisoner to remain within the extended limits of his confinement as authorized by Section 24-3-20(b), or to return within the time prescribed to the designated place of confinement, including a local facility, shall be deemed is an escape from the custody of the Department of Corrections and is punishable as provided in Section 24-13-410."

SECTION   6.   Section 24-3-60 of the 1976 Code is amended to read:

"Section 24-3-60.   The county clerks of the courts court of general sessions and common pleas of the several counties in this State shall immediately after upon the adjournment of the court of general sessions, in their respective counties, notify the Department of Corrections of the number of convicts prisoners sentenced by the court to imprisonment in the penitentiary state prison system. The department, as soon as it receives such notice, shall send a suitable number of guards employees to convey such convicts transfer the prisoners to the penitentiary state prison system."

SECTION   7.   Section 24-3-70 of the 1976 Code is amended to read:

"Section 24-3-70.   No sum beyond the actual expenses incurred in conveying such convicts transferring prisoners to the penitentiary shall Department of Corrections must be allowed for such these services.

SECTION   8.   Section 24-3-80 of the 1976 Code is amended to read:

"Section 24-3-80.   The director of the prison system shall admit and detain in the Department of Corrections for safekeeping any prisoner tendered by any law enforcement officer in this State by commitment duly authorized by the Governor, provided, a warrant in due form for the arrest of the person so committed shall be issued within forty-eight hours after such commitment and detention. No person so committed and detained shall have a right or cause of action against the State or any of its officers or servants by reason of having been committed and detained in the penitentiary state prison system."

SECTION   9.   Section 24-3-81 of the 1976 Code is amended to read:

"Section 24-3-81.   No A prisoner who is incarcerated within the state prison system or who is being detained in a local jail, local detention facility, local correctional facility, or local prison camp, whether awaiting a trial or serving a sentence, is not shall be permitted to have conjugal visits, as defined by the department, except pursuant to written guidelines and procedures promulgated by the department."

SECTION   10.   Section 24-3-130(A) of the 1976 Code is amended to read:

"(A)   The State Department of Corrections may permit the use of prison inmate labor on state highway projects or other public projects that may be practical and consistent with safeguarding of the inmates employed on the projects and the public. The Department of Transportation, another state agency, or a county, municipality, or public service district making a beneficial public improvement may apply to the department for the use of inmate labor on the highway project or other public improvement or development project. If the director determines the labor may be performed with safety and the project is beneficial to the public, he may assign inmates to labor on the highway project or other public purpose project. The inmate labor force must be supervised and controlled by officers designated by the department but the direction of the work performed on the highway or other public improvement project must be under the control and supervision of the person designated by the agency, county, municipality, or public service district responsible for the work. No person convicted of criminal sexual conduct in the first, second, or third degree or a person who commits a violent crime while on a work release program may be assigned to perform labor on a project described by this section."

SECTION   11.   Section 24-3-131 of the 1976 Code is amended to read:

"Section 24-3-131.   The Department of Corrections shall determine whether an agency permitted to utilize convict inmate labor on public projects pursuant to Section 24-3-130 can adequately supervise the inmates. If the director determines that the agency lacks the proper personnel, the agency shall be required to reimburse the department for the cost of maintaining correctional officers to supervise the convicts inmates. In all cases the Department of Corrections shall be responsible for adequate supervision of the inmates."

SECTION   12.   Section 24-3-140 of the 1976 Code is amended to read:

"Section 24-3-140.   The Directordirector of the Department of Corrections shall, when called upon by the keeper of the State House and Grounds, furnish such convict inmate labor as he may need to keep the State House and Grounds in good order."

SECTION   13.   Section 24-3-160 of the 1976 Code is amended to read:

"Section 24-3-160.   Any An institution of this State getting convicts inmates from the State Penitentiary Prison System by any act or joint resolution of the General Assembly shall be is required to pay to the Directordirector of the Department of Corrections all moneys expended by him for transportation, guarding, clothing, and feeding such convicts the inmates while working for such the institutions and also for medical attention, and the officer in charge of any such institution shall also execute and deliver to the director, at the end of each year, a receipt of five dollars and fifty cents pereach month for the work of each convictinmate so employed."

SECTION   14.   Section 24-3-170 of the 1976 Code is amended to read:

"Section 24-3-170.   Clemson University shall pay to the State Department of Corrections hire a fee for all convicts inmates used by the college at the rate of six dollars pereach month and shall pay the cost of clothing, feeding, and guarding such convicts the inmates while so used and also the transportation of such convicts the inmates and guards employees back and forth from the penitentiary prison to the university."

SECTION   15.   Section 24-3-180 of the 1976 Code is amended to read:

"Section 24-3-180.   Whenever a convict shall be an inmate is discharged from the penitentiary a state prison, the State Department of

SECTION   16.   Section 24-3-190 of the 1976 Code is amended to read:

"Section 24-3-190.   The balance in the hands of the State Department of Corrections at the close of any year, together with all other amounts received or to be received from the hire of convicts inmates or from any other source during the current fiscal year, are appropriated for the support of the penitentiary department."

SECTION   17.   Section 24-3-310 of the 1976 Code is amended to read:

"Section 24-3-310.   Since the means now provided for the employment of convict prison labor is inadequate to furnish a sufficient number of convicts inmates with employment, it is the intent of this article to:

(1)   further provide more adequate, regular, and suitable employment for the convicts inmates of this State, consistent with proper penal purposes;

(2)   further utilize the labor of convicts inmates for self-maintenance and for reimbursing this State for expenses incurred by reason of their crimes and imprisonment;

(3)   effect the requisitioning and disbursement of prison products directly through established state authorities with no possibility of private profits therefrom; and

(4)   provide prison industry projects designed to place inmates in a realistic working and training environment in which they are able to acquire marketable skills and to make financial payments for restitution to their victims, for support of their families, and for the support of themselves in the institution."

SECTION   18.   Section 24-3-320 of the 1976 Code is amended to read:

"Section 24-3-320.   The State Department of Corrections may purchase, in the manner provided by law, equipment, raw materials, and supplies and engage the supervisory personnel necessary to establish and maintain for this State at the penitentiary or any penal farm or institution now, or hereafter, under control of the department, industries for the utilization of services of convictsinmates in the

SECTION   19.   Section 24-3-330(A) of the 1976 Code is amended to read:

"(A)   All offices, departments, institutions, and agencies of this State supported in whole or in part by this State shall purchase, and all political subdivisions of this State may purchase, from the State Department of Corrections, articles or products made or produced by convict inmate labor in this State or another state as provided for by this article. These articles and products must not be purchased by an office, a department, an institution, or an agency from another source, unless excepted from the provisions of this section, as provided by law. All purchases must be made from the Department of Corrections, upon requisition by the proper authority of the office, department, institution, agency, or political subdivision of this State requiring the articles or products."

SECTION   20.   Section 24-3-340 of the 1976 Code is amended to read:

"Section 24-3-340.   Notwithstanding the provisions of Sections 24-3-310 to 24-3-330 and 24-3-360 to 24-3-420, no office, department, institution, or agency, of this State, which is supported in whole or in part by this State, shall be required to purchase any article or product from the State Department of Corrections unless the purchase price of such article or product is no higher than that obtainable from any other producer or supplier."

SECTION   21.   Section 24-3-370 of the 1976 Code is amended to read:

"Section 24-3-370.   The articles or products manufactured or produced by convict inmate labor in accordance with the provisions of this article shall be devoted, first, to fulfilling the requirements of the offices, departments, institutions, and agencies of this State which are supported in whole or in part by this State; and, secondly, to supplying the political subdivisions of this State with such articles or products."

SECTION   22.   Section 24-3-400 of the 1976 Code is amended to read:

"Section 24-3-400.   All monies collected by the State Department of Corrections from the sale or disposition of articles and products manufactured or produced by convict inmate labor, in accordance with the provisions of this article, must be forthwith deposited with the State

SECTION   23.   Section 24-3-420 of the 1976 Code is amended to read:

"Section 24-3-420.   Any person who wilfully violates any of the provisions of this article other than Section 24-3-410 shall be is guilty of a misdemeanor and, upon conviction, shall be confined in jail not less than ten days nor more than one year, or fined not less than ten dollars nor more than five hundred dollars, or both, in the discretion of the court."

SECTION   24.   Section 24-3-520 of the 1976 Code is amended to read:

"Section 24-3-520.   The sheriff of facility manager who has custody of an inmate for the county in which such convicted person the inmate is so sentenced, together with one deputy or more, if in his judgment it is necessary, shall transfer the inmate as soon as practical convey such convicted person to the custody of the Department of Corrections at a

SECTION   25.   Section 24-3-540 of the 1976 Code is amended to read:

"Section 24-3-540.   The Department of Corrections shall provide a death chamber and all necessary appliances for inflicting such this penalty by electrocution and pay the costs thereof out of any funds in its hands. The expense of transporting any such criminal an inmate to the State Penitentiary shall Prison System must be borne by the county in which the offense was committed."

SECTION   26.   Section 24-3-550(A)(5) of the 1976 Code is amended to read:

"(5)   the counsel for the convict inmate and a religious leader. However, the convict inmate may substitute one person from his immediate family for either his counsel or a religious leader, or two persons from his immediate family for both his counsel and a religious leader. For purposes of this item, "immediate family" means those persons eighteen years of age or older who are related to the convict inmate by blood, adoption, or marriage within the second degree of consanguinity."

SECTION   27.   Section 24-3-560 of the 1976 Code is amended to read:

"Section 24-3-560.   The executioner and the attending physician shall certify the fact of such execution to the clerk of the court of general sessions in which such the sentence was pronounced. Such The certificate shall be filed by the clerk with the papers in the case."

SECTION   28.   Section 24-3-570 of the 1976 Code is amended to read:

"Section 24-3-570.   The body of the person executed shall must be delivered to his relatives. If no claim is made by relatives for such the body, it shall must be disposed of in the same manner as bodies of convicts dying inmates who die in the State Penitentiary Prison System. If the nearest relatives of a person so executed desire that the body be carried transported to such the person's former home, if in the State, the expenses for such this transportation shall must be paid by the Penitentiary authorities, who shall draw their warrant upon the county

SECTION   29.   Section 24-3-710 of the 1976 Code is amended to read:

"Section 24-3-710.   The director may investigate any misconduct occurring in the State Prison System, provide suitable punishment therefor and execute it, and take all such precautionary measures as in his judgment will make for the safe conduct and welfare of the institution institutions. The director may suppress any disorders, riots, or insurrections that may take place in the penitentiary prison system and prescribe any and all such rules and promulgate regulations as in his judgment are reasonably necessary to avoid any such occurrence. This same authority applies to the official in charge of a county, municipal, or regional jail, detention facility, or other local facility that houses individuals awaiting trial, serving sentence, or awaiting transfer to another facility, or both."

SECTION   30.   Section 24-3-720 of the 1976 Code is amended to read:

"Section 24-3-720.   In order to suppress any disorders, riots, or insurrection among the prisoners, the Directordirector of the Department of Corrections may require the aid and assistance of any of the citizens of the State."

SECTION   31.   Section 24-3-740 of the 1976 Code is amended to read:

"Section 24-3-740.   Any person so aiding and assisting the Directordirector of the Department of Corrections shall receive a reasonable compensation therefor, to be paid by the department, and allowed him on the settlement of his account."

SECTION   32.   Section 24-3-750 of the 1976 Code is amended to read:

"Section 24-3-750.   If, in suppressing any such a disorder, riot, or insurrection, any a person who shall be is acting, aiding, or assisting in committing the same shall be is wounded or killed, the Directordirector of the Department of Corrections, the keeper or any a person aiding or assisting him shall must be held as justified and guiltless."

SECTION   33.   Section 24-3-760 of the 1976 Code is amended to read:

"Section 24-3-760.   In the absence of the Directordirector of the Department of Corrections, the keeper shall have has the same power in

SECTION   34.   Section 24-3-920 of the 1976 Code is amended to read:

"Section 24-3-920.   The Directordirector of the Department of Corrections shall offer a reward of one hundred dollars for the capture of each escaped convict inmate."

SECTION   35.   Section 24-3-930 of the 1976 Code is amended to read:

"Section 24-3-930.   All guards, keepers, employeesofficers, and other officers employees who are employed at the Penitentiary shall be State Prison System are exempted from serving on juries and from military or street duty."

SECTION   36.   Section 24-3-940 of the 1976 Code is amended to read:

"Section 24-3-940.   No gambling shall be Gambling is not permitted at any a prison, farm, or camp where prisoners are kept or worked. Any An officer or employee engaging in, or knowingly permitting, gambling at any such a prison, farm, or camp shall must be immediately dismissed immediately."

SECTION   37.   Section 24-3-951 of the 1976 Code is amended to read:

"Section 24-3-951.   Effective July 1, 1995, notwithstanding Section 24-3-956 and any other provision of law, United States currency or money, as it relates to use within the state prison system, is declared contraband and shall be must not be utilized as a medium of exchange for barter or financial transaction between prisoners or prison officials and prisoners within the state prison system, except prisoners on work release or in other community based programs. Inmates must not possess United States currency. All financial disbursements to prisoners or mediums of exchange between prisoners and between the prison system and prisoners shall be transacted with a system of credits."

SECTION   38.   Section 24-3-965 of the 1976 Code is amended to read:

"Section 24-3-965.   Notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, 24-3-950, and 24-7-155, the offenses of furnishing contraband, other than weapons or illegal drugs, to a prisoner an inmate under the jurisdiction of the Department of Corrections or to a prisoner an inmate in a county jail, regional detention facility, municipal jail, prison camp, work camp, or overnight

SECTION   39.   Section 24-5-10 of the 1976 Code is amended to read:

"Section 24-5-10.   The sheriff shall have has custody of the jail in his county and, if he appoint appoints a jailer facility manager to keep it, the sheriff shall be is liable for such jailer the facility manager; and the sheriff or jailer facility manager shall receive and safely keep in prison any hold and detain a person delivered or committed to either of them, according to law."

SECTION   40.   Section 24-5-12 of the 1976 Code is amended to read:

"Section 24-5-12.   Notwithstanding the provisions of Section 24-5-10 or any other provision of law, the sheriff of any county may, upon approval of the governing body of the county, devolve all of his powers and duties relating to the custody of the county jail and the appointment of a jailer facility manager on the governing body of the county; provided, a sheriff who has been defeated in a primary or general election may not devolve said duties on the governing body of the county. Once a sheriff has devolved these powers and duties to the governing body, custody of the jail shall remain with the governing body unless, by mutual agreement and approval of the sheriff, the governing body devolves its powers and duties relating to the custody of the county jail to the sheriff."

SECTION   41.   Section 24-5-20 of the 1976 Code is amended to read:

"Section 24-5-20.   Except as otherwise provided, every sheriff in this State who does not live in the jail shall employ a proper and discreet person as jailer, who shall live within the jail and who shall not use the house for any other purpose than that for which it was designated by law has control of a jail shall appoint a qualified person as facility manager. This person shall have the control and custody of the jail under the supervision of the sheriff. However, should the sheriff not have control of the jail, then this appointment falls to the governing body of the county in whose jurisdiction the jail lies."

SECTION   42.   Section 24-5-50 of the 1976 Code is amended to read:

"Section 24-5-50.   All sheriffs or governing bodies that have custody of the jail and jailers facility managers are required to receive and keep securely all persons committed by the coroner as required by law."

SECTION   43.   Section 24-5-60 of the 1976 Code is amended to read:

"Section 24-5-60.   The sheriffs or jailers in governing bodies of the several respective counties of this State shall keep in safe custody all such prisoners as may be committed to them under the authority of the United States until such prisoners are discharged by due course of law of the United States, under the like penalties as in case of prisoners committed under the authority of this State and upon the terms of the resolution of the Congress of the United States at its session begun and holden held on March 4, 1789. The sheriff or facility manager may charge a fee for such prisoners pursuant to the terms and conditions set forth in Section 23-19-20."

SECTION   44.   Section 24-5-80 of the 1976 Code is amended to read:

"Section 24-5-80.   The governing body of each county in this State shall furnish, at all times, blankets and such other bedding as shall be necessary for prisoners confined in the jail in the county and prisoners confined on a criminal charge shall be provided with at least two blankets in the winter season sufficient food, water, clothing, personal hygiene products, bedding, blankets, cleaning supplies, and shelter from extreme heat or cold or rain for all persons confined in a jail and access to medical care."

SECTION   45.   Section 24-5-90 of the 1976 Code is amended to read:

"Section 24-5-90.   It shall be is unlawful for sheriffs a sheriff or jailers a facility manager to make any discrimination in the treatment of prisoners placed in their custody.

Every A violation of this section shall be is a misdemeanor and, upon conviction thereof, the person convicted shall must be fined not less than twenty-five dollars and imprisoned for not less than one month nor more than twelve months one year."

SECTION   46.   Section 24-5-110 of the 1976 Code is amended to read:

"Section 24-5-110.   Every sheriff A facility manager shall make a return to every the court of general sessions of his county on the first

SECTION   47.   Section 24-5-120 of the 1976 Code is amended to read:

"Section 24-5-120.   Each sheriff shall A facility manager annually shall report to the governing body of his county the actual condition of the jail, the repairs which may be wanted, and their probable cost."

SECTION   48.   Section 24-5-170 of the 1976 Code is amended to read:

"Section 24-5-170.   When any a person shall be is apprehended or in confinement according to law in any a county in this State wherein where the jail may be destroyed or rendered uninhabitable by fire or other accident, he shall must be committed to the jail nearest to the one destroyed for safekeeping. The several jailers in this State, keepers of the jails nearest to those jails that may be destroyed as aforesaid, shall receive and safely keep such person. However, the jail must have sufficient bed space. If the jail does not have sufficient bed space, then the official in charge of the jail that was destroyed, or rendered uninhabitable shall contact the facility managers of the jails in the nearest proximity and utilize any available resources to receive and keep the prisoners in custody. The facility managers of this State may enter into mutual aid agreements to assist each other in the event of an emergency or as other needs arise. In the event that sufficient resources are not available within the several counties, then the county officials may request the assistance of the South Carolina Department of Corrections and its resources until the emergency has passed."

SECTION   49.   Section 24-5-300 of the 1976 Code is amended to read:

"Section 24-5-300.   For the purposes of this article:

(1)   'Reserve detention officer' means a person assigned part-time jailer or detention officer duties without being regularly assigned to full-time jailer or detention officer duties and who serves in that capacity without compensation.

(2)   'Director' means the detention director, jail administrator, or other manager employed for the operation of a county, municipal, or multi-jurisdictional local detention facility.

(3)   'Responsible authority' means the sheriff, county administrator, mayor, city manager, or other appropriate official who has legal responsibility for the management of a local detention facility within a particular jurisdiction."

SECTION   50.   Section 24-5-310 of the 1976 Code is amended to read:

"Section 24-5-310.   The director, in his discretion, may appoint the number of reserve detention officers approved by the responsible authority, but not exceeding the number of regular full-time jailers or detention officers funded and employed at the facility, if participation in the reserve detention officer program has been approved by the governing body having jurisdiction over the detention facility. The number of full-time jailers or detention officers must not be decreased because of the institution or expansion of a reserve force. Each period of time a reserve serves must be determined and specified by the director in writing. The powers and duties of a reserve are subject to the provisions of this article and must be prescribed by the director and approved by the responsible authority.

A reserve is subject to removal by the director at any time. A criminal history inquiry and other appropriate background inquiry must be conducted on an applicant before his selection as a reserve.

Before assuming his duties, a reserve must:

(1)   take the oath of office required by law;

(2)   be bonded in an amount determined by the governing body of the county, municipality, or other political entity and which must be not less than one thousand five hundred dollars; and

(3)   successfully complete the course of training required by this article."

SECTION   51.   Section 24-5-320 of the 1976 Code is amended to read:

"Section 24-5-320.   No reserve shall assume a jailer or detention officer function until he has completed successfully a jail pre-service training program approved by the Department of Public Safety pursuant to Article 9, Chapter 6 of Title 23, and passed a comprehensive test prepared by the South Carolina Criminal Justice Academy and administered by the director of the local detention facility. Within one year of appointment, a reserve must successfully complete a jail operations training program promulgated by the Department of Public Safety pursuant to Article 9, Chapter 6 of Title 23 in order to be eligible for continuation as a reserve. A reserve who serves more than one year must complete the same annual in-service training requirements as regular full-time jailers or detention officers. All training which is provided locally or regionally is subject to review by the South Carolina Law Enforcement Training Advisory Council and approval of the South Carolina Department of Public Safety."

SECTION   52.   Section 24-5-330 of the 1976 Code is amended to read:

"Section 24-5-330.   Before final acceptance as a reserve, a candidate, at his own expense or through the offices of the doctor of his political entity, shall submit to the director a summary of the results of a current physical examination for the satisfaction of the director concerning physical competence and capability. Other minimum selection standards recognized by law as applicable to full-time jailers or detention officers also shall apply to reserves."

SECTION   53.   Section 24-5-350 of the 1976 Code is amended to read:

"Section 24-5-350.   A reserve shall serve and function as a jailer or detention officer only on specific orders and directions of the director. To maintain status, a reserve shall perform a minimum logged service time of ten hours a month or thirty hours a quarter.

No reserve detention officer shall perform any jailer or detention officer duties except under the direct supervision of a full-time jailer or detention officer. A reserve shall not assume full-time duties of jailers or detention officers without complying with the requirements for full-time jailers and detention officers.

A department utilizing reserves shall have at least one full-time officer as a coordinator-supervisor who must be responsible directly to the director."

SECTION   54.   Section 24-5-360 of the 1976 Code is amended to read:

"Section 24-5-360.   A reserve who has been in active status for at least two years and desires to become a full-time jailer or detention officer, upon application of his director to the Department of Public Safety and upon completion of other existing requirements, may be accepted at the South Carolina Criminal Justice Academy for additional hours of training required by the Department of Public Safety pursuant to Article 9, Chapter 6 of Title 23."

SECTION   55.   Section 24-5-370 of the 1976 Code is amended to read:

"Section 24-5-370.   A currently certified full-time jailer or detention officer who leaves his position under honorable conditions may, within twelve months, at the request of his director and with the concurrence of the Department of Public Safety, may be issued a registration card identifying him as a member of the reserve if the use of reserve detention officers has been approved by the responsible authority. The officer is not required to undergo the preliminary training for reserves

SECTION   56.   Section 24-5-380 of the 1976 Code is amended to read:

"Section 24-5-380.   The uniforms and equipment issued by the political entity shall remain the property of the entity but, in the discretion of the director, may be entrusted to the care and control of the reserve. A reserve shall wear a uniform which will identify him as a jailer or detention officer. Handguns, if issued, must be of a caliber approved by the responsible authority."

SECTION   57.   Section 24-5-390 of the 1976 Code is amended to read:

"Section 24-5-390.   Workers' Compensation benefits may be provided for reserves by the governing body in the same manner benefits are provided for full-time jailers or detention officers.

For purposes of compensation or benefits arising from duty-related injury or death, reserves must be considered employees of the political entities for which they were appointed and must be included with regular duty jailers or detention officers in the assigned responsibility for prevention, suppression, and control of crime."

SECTION   58.   Section 24-7-60 of the 1976 Code is amended to read:

"Section 24-7-60.   The governing body of the county shall diet feed and provide suitable and efficient guards and appliances sufficient employee supervision for the safekeeping of all convicts upon whom may be imposed sentence of labor on the highways, streets and other public works of the county persons who have received a sentence to public work detail. It shall likewise also provide all necessary tools, implements and road machines equipment and machinery for performing the work required of such convicts inmates, all costs and expenses of which shall must be paid out of the county road general fund in the same manner as other charges against such the fund are paid."

SECTION   59.   Section 24-7-110 of the 1976 Code is amended to read:

"Section 24-7-110.   The governing body of each county shall employ a physician provide medical personnel whenever necessary to render medical aid to sick convicts inmates whether awaiting trial or serving sentence and to preserve the health of the chain gang county jail, detention facility, prison camp, or other such local facility used for the

SECTION   60.   Section 24-7-120 of the 1976 Code is amended to read:

"Section 24-7-120.   The municipal authorities of any city or town shall diet and provide suitable and efficient guards and appliances for the safekeeping of all convicts sentenced to labor on the highways, streets and other public works of such city or town and shall provide all necessary tools, implements and road machines for performing the work required of such convicts and pay all costs and expenses thereof. The municipal authority of any city or town shall feed and provide suitable and sufficient employee supervision for the safekeeping of all persons who have received a sentence to public work detail. It shall likewise provide all necessary equipment and machinery for performing the work required of the inmates, all costs and expenses of which must be paid out of the municipal general fund in the same manner as other charges against these funds are paid.

A municipality may operate its own jail for the purpose of detaining those persons charged with a criminal offense pending release on bond or trial and for the purpose of detaining those individuals who have been tried and convicted of a criminal offense in the municipal court. The governing body of the municipality must provide suitable and sufficient employee supervision and equipment to safely keep all persons charged or detained and must pay all costs and expenses. Where the municipality elects not to operate its own jail, then the municipality may enter into an agreement with other municipalities, preferably in the county of jurisdiction, to operate a joint facility to hold these individuals.

The municipality may also elect, in the alternative, to enter into an agreement with the county governing body in which the municipality is

Municipal inmates sentenced to the county jail or prison camp pursuant to an agreement or contract must remain in the custody of the county jail or prison camp and must perform labor as assigned by the facility manager."

SECTION   61.   Section 24-7-155 of the 1976 Code is amended to read:

"Section 24-7-155.   It shall be is unlawful for any a person to furnish or attempt to furnish any a prisoner in any county, or municipal, or multi-jurisdictional jail, prison camp, work camp, or overnight lockup facility with any a matter declared by the superintendent of such facility to be contraband. It shall be is unlawful for any prisoner an inmate of such a facility to possess any a matter declared to be contraband. Matters considered contraband within the meaning of this section shall be are those which are designated as contraband and published by the Department of Corrections as Regulation 33-1 of the Department of Corrections and such this regulation shall must be displayed by the Superintendent of the facility in a conspicuous place available and visible to visitors and prisoners inmates at such the facility. The facility manager may designate additional items as contraband. Notice of the additional items must be displayed with Regulation 33-1.

Any A person violating the provisions of this section shall be deemed is guilty of a felony and, upon conviction, shall must be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or imprisonment for not less than one year nor more than ten years, or both."

SECTION   62.   Section 24-9-30 of the 1976 Code is amended to read:

"Section 24-9-30.   (a)(A)   If an inspection under this chapter discloses that a local confinement facility does not meet the minimum standards established by the South Carolina Association of Counties and adopted by the Department of Corrections, and or the appropriate fire and health codes and regulations, or both, the Directordirector of

(b)(B)   If the governing body fails to initiate corrective action within ninety days after receipt of the reports of the inspections, or fails to correct the disclosed conditions, the Directordirector of the South Carolina Department of Corrections may order that the local confinement facility, or objectionable portion thereof, be closed at such time as the order may designate. However, if the director determines that the public interest is served by permitting the facility to remain open, he may stipulate actions to avoid or delay closing the facility. The governing body and the resident or presiding judge of the judicial circuit shall be notified by registered mail of the director's order closing a local confinement facility.

(c)(C)   The governing body shall have has the right to appeal the director's order to the resident or presiding judge of the circuit in which the facility is located. Notice of the intention to appeal shall be given by registered mail to the Directordirector of the South Carolina Department of Corrections and to the resident or presiding judge within fifteen days after receipt of the director's order. The right of appeal shall be deemed is waived if notice is not given as herein provided in this section.

(d)(D)   The appeal shall must be heard before the resident or presiding judge of the circuit who shall give reasonable notice of the date, time, and place of the hearing to the Directordirector of the South Carolina Department of Corrections and the governing body concerned. The hearing shall must be conducted without a jury in accordance with the rules and procedures of the Circuit Court. The Department of Corrections, the governing body concerned, other responsible local officials, and fire and health inspection personnel shall have a right to be present at the hearing and present evidence which the court deems appropriate to determine whether the local confinement facility met the required minimum standards, and or appropriate fire and health codes

SECTION   63.   Section 24-9-35 of the 1976 Code is amended to read:

"Section 24-9-35.   If any a person dies while being incarcerated in any or in the custody of a municipal, or county, or multi-jurisdictional overnight lockup or jail, county prison camp, or state correctional facility, the jailer facility manager or any other person physically in charge of the facility at the time death occurs shall immediately shall notify the coroner of the county in which the institution is located. The jailer facility manager or other person in charge also shall also report the death and circumstances surrounding it within seventy-two hours to the Jail and Prison Inspection Division of the Department of Corrections. The division shall retain a permanent record of such the reports. Reports shall must be made on forms prescribed by the division.

Any A person knowingly and willfully wilfully violating the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars."

SECTION   64.   Section 24-9-40 of the 1976 Code is amended to read:

"Section 24-9-40.   In order to certify compliance with minimum design standards, the Jail and Prison Inspection Division of the Department of Corrections shall be provided with architectural plans before construction or renovation of any state or local confinement facility. Further, the Jail and Prison Inspection Division shall be notified not less than fifteen days prior to the opening of any state or local prison or detention facility so that inspections and reports may be made. Ninety days prior to the closing of any state or local prison or detention facility, the Division shall be notified by the officials concerned."

SECTION   65.   Section 24-13-10 of the 1976 Code is amended to read:

"Section 24-13-10   In all prisons and chain gangs local detention facilities in the State, a separation of the sexes shall must be observed at all times observed."

SECTION   66.   Section 24-13-20 of the 1976 Code is amended to read:

"Section 24-13-20.   The sheriffs of this State shall, under the penalty herein provided, in this section must arrest in their respective counties,

SECTION   67.   Section 24-13-30 of the 1976 Code is amended to read:

"Section 24-13-30.   Any A person officially charged with the safekeeping of prisoners inmates, when such prisoners whether the inmates are awaiting trial in general sessions court or have been sentenced and confined in any a State, county or municipal penal correctional facility, local detention facility, or prison camp or work camp, may use such force as is necessary force to maintain internal order and discipline and to prevent the escape of a prisoner an inmate lawfully in his custody without regard to whether such prisoner the inmate is charged with or convicted of a felony or misdemeanor."

SECTION   68.   Section 24-13-40 of the 1976 Code is amended to read:

"Section 24-13-40.   The computation of the time served by prisoners under sentences imposed by the courts of this State shall must be reckoned calculated from the date of the imposition of the sentence. But when (a) a prisoner shall have given notice of intention to appeal, (b) the commencement of the service of the sentence follows the revocation of probation or (c) the court shall have designated a specific time for the commencement of the service of the sentence, the computation of the time served shall must be reckoned calculated from the date of the commencement of the service of the sentence. In every case in computing the time served by a prisoner, full credit against the sentence shall must be given for time served prior to trial and sentencing. Provided, however, that credit for time served prior to trial and sentencing shall not be given: (1) when the prisoner at the time he was imprisoned prior to trial was an escapee from another penal institution; or (2) when the prisoner is serving a sentence for one offense and is awaiting trial and sentence for a second offense in which

SECTION   69.   Section 24-13-50 of the 1976 Code is amended to read:

"Section 24-13-50.   Every municipal and county official facility manager responsible for the custody of persons convicted of any a criminal offense shall on or before the fifth day of each month must file with the Department of Corrections a written report stating the name, race, age, criminal offense, and date and length of sentence of all prisoners in their custody during the preceding month."

SECTION   70.   Section 24-13-80 of the 1976 Code is amended to read:

"Section 24-13-80.   (A)   As used in this section:

(1)   'Detention facility' means a municipal or county jail, local detention facility, or state correctional facility used for the detention of persons charged with or convicted of a felony, misdemeanor, municipal offense, or violation of a court order.

(2)   'Inmate' means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, a municipal offense, or violation of a court order.

(3)   'Medical treatment' means each visit initiated by the inmate to an institutional physician, physician's extender including a physician's assistant or a nurse practitioner, dentist, optometrist, or psychiatrist for examination or treatment.

(4)   'Administrator' means the county administrator, city administrator, or the chief administrative officer of a county or municipality.

(5)   'Director' means the agency head of the Department of Corrections.

(B)   The administrator or director, whichever is appropriate, may establish, by rules, criteria for a reasonable deduction from money credited to the account of an inmate to:

(1)   repay the costs of:

(a)   public property wilfully damaged or destroyed by the inmate during his incarceration;

(b)   medical treatment for injuries inflicted by the inmate upon himself or others;

(c)   searching for and apprehending the inmate when he escapes or attempts to escape. The costs must be limited to those extraordinary costs incurred as a consequence of the escape; or

(d)   quelling a riot or other disturbance in which the inmate is unlawfully involved;

(2)   defray the costs paid by a municipality or county for elective medical treatment services for an inmate, which has been requested by him, if the deduction does not exceed five ten dollars for each occurrence of treatment received by the inmate at the inmate's request. If the balance in an inmate's account is five less than ten dollars or less, the fee must not be charged. This item does not apply to medical costs incurred as a result of injuries sustained by an inmate or other medically necessary treatment for which that inmate is determined not to be responsible.

(C)   All sums collected for medical treatment must be reimbursed to the inmate, upon request, if the inmate is acquitted or otherwise exonerated of all charges for which the inmate was being held.

(D)   The detention facility may initiate an action for collection of recovery of medical costs incurred pursuant to this section against an inmate upon his release or his estate if the inmate was executed or died while in the custody of the detention facility."

SECTION   71.   Section 24-13-125 of the 1976 Code is amended to read:

"Section 24-13-125.   (A)   Notwithstanding any other provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, a prisoner an inmate convicted of a 'no parole offense', as defined in Section 24-13-100, and sentenced to the custody of the Department of Corrections, including a prisoner an inmate serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, or Section 24-3-30, is not eligible for work release until the prisoner inmate has served not less than eighty percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner an inmate convicted of murder or a prisoner an inmate prohibited from participating in work release by another provision of law to be eligible for work release.

(B)   If a prisoner an inmate sentenced to the custody of the Department of Corrections and confined in a facility of the department, confined in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20 or Section 24-3-30, or temporarily confined, held, detained, or placed in a facility which is not under the

SECTION   72.   Section 24-13-150 of the 1976 Code is amended to read:

"Section 24-13-150.   (A)   Notwithstanding any other provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, a prisoner an inmate convicted of a 'no parole offense' as defined in Section 24-13-100 and sentenced to the custody of the Department of Corrections, including a prisoner an inmate serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20 or Section 24-3-30, is not eligible for early release, discharge, or community supervision as provided in Section 24-21-560, until the prisoner inmate has served at least eighty-five percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner an inmate convicted of murder or a prisoner an inmate prohibited from participating in work release, early release, discharge, or community supervision by another provision of law to be eligible for work release, early release, discharge, or community supervision.

(B)   If a prisoner an inmate sentenced to the custody of the Department of Corrections and confined in a facility of the department, confined in a local facility pursuant to a designated facility agreement

SECTION   73.   Section 24-13-210 of the 1976 Code is amended to read:

"Section 24-13-210.   (A)   A prisoner An inmate convicted of an offense against this State, except a 'no parole offense' as defined in Section 24-13-100, and sentenced to the custody of the Department of Corrections, including a prisoner an inmate serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20 or Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of twenty days for each month served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good conduct credit is computed.

(B)   A prisoner An inmate convicted of a 'no parole offense' against this State as defined in Section 24-13-100 and sentenced to the custody of the Department of Corrections, including a prisoner an inmate serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20 or Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined and has not been subjected to

(C)   A prisoner An inmate convicted of an offense against this State and sentenced to a local correctional detention facility, or upon the public works of any county in this State, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined, and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of one day for every two days served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which good conduct credits must be computed.

(D)   If a prisoner an inmate sentenced to the custody of the Department of Corrections and confined in a facility of the department, confined in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20 or Section 24-3-30, or temporarily confined, held, detained, or placed in any facility which is not under the direct control of the department, to include an inmate on a labor crew or any other assigned detail or placement, or an inmate in transport status, commits an offense or violates one of the rules of the institutionfacility during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the Directordirector of the Department of Corrections. If a prisoner an inmate confined in sentenced to a local correctional detention facility pursuant to a designated facility agreement or upon the public works of any county in this State, even when temporarily confined, held, detained, or placed in any facility that is not under the direct control of the local detention facility, to include a prisoner on a labor crew or any other assigned detail or placement, or a prisoner in transport status, commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has

(E)   Any person who has served the term of imprisonment for which he has been sentenced less deductions allowed therefrom for good conduct is considered upon release to have served the entire term for which he was sentenced unless the person is required to complete a community supervision program pursuant to Section 24-21-560. If the person is required to complete a community supervision program, he must complete his sentence as provided in Section 24-21-560 prior to discharge from the criminal justice system.

(F)   No credits earned pursuant to this section may be applied in a manner which would prevent full participation in the Department of Probation, Parole, and Pardon Services' prerelease or community supervision program as provided in Section 24-21-560."

SECTION   74.   Section 24-13-230 of the 1976 Code is amended to read:

"Section 24-13-230.   (A)   The Directordirector of the Department of Corrections may allow any prisoner in an inmate sentenced to the custody of the department, except a prisoner an inmate convicted of a 'no parole offense' as defined in Section 24-13-100, who is assigned to a productive duty assignment, including an inmate who is serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20 or Section 24-3-30 or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of zero to one day for every two days he is employed or enrolled. A maximum annual credit for both work credit and education credit is limited to one hundred eighty days.

(B)   The Directordirector of the Department of Corrections may allow a prisoner in an inmate sentenced to the custody of the department serving a sentence for a 'no parole offense' as defined in Section 24-13-100, who is assigned to a productive duty assignment, including an inmate who is serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20 or Section 24-3-30 or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of six days for every month he is employed or enrolled. However, no prisoner serving a sentence for life imprisonment or a mandatory minimum term of imprisonment for

(C)   No credits earned pursuant to this section may be applied in a manner which would prevent full participation in the Department of Probation, Parole, and Pardon Services' prerelease or community supervision program as provided in Section 24-21-560.

(D)   The amount of credit to be earned for each duty classification or enrollment must be determined by the director and published by him in a conspicuous place available to inmates at each correctional institution. If a prisoner commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the work credit or education credit he has earned may be forfeited in the discretion of the official having charge of the prisoner director of the Department of Corrections.

(E)   The official in charge of a local detention or correctional facility to which persons convicted of offenses against the State are sentenced shallmust allow any an inmate serving such a sentence in sentenced to the custody of the facility who is assigned to a mandatory productive duty assignment a reduction from the term of his sentence of zero to one day for every two days so employed. The amount of credit to be earned for each duty classification must be determined by the official in charge of the local detention or correctional facility and published by him in a conspicuous place available to inmates.

(F)(1)   An individual is only eligible for the educational credits provided for in this section, only upon successful participation in an academic, technical, or vocational training program.

(2)   The educational credit provided for in this section, is not available to any individual convicted of a violent crime as defined in Section 16-1-60.

(G)   The South Carolina Department of Corrections may not pay any tuition for college courses."

SECTION   75.   Section 24-13-235 of the 1976 Code is amended to read:

"Section 24-13-235.   Notwithstanding any other provision of law, the governing body of any county may authorize the sheriff or other official facility manager in charge of county correctional facilities a local detention facility to offer a voluntary program under which any person committed to such facility may perform labor on the public

The governing body of the county may prescribe reasonable regulations under which such this labor is to be performed and may provide that such these persons wear clothing of a distinctive character while performing such this work.

Nothing contained in this section may be construed to require the sheriff or other such another official to assign labor to a person pursuant to this section if it appears from the record that the person has refused to perform labor as assigned satisfactorily or has not satisfactorily complied with the reasonable regulations governing such this assignment. A person is eligible for supervised work under this section only if the sheriff or other such responsible official concludes that the person is a fit subject therefor.

If a court sentences a defendant to a period of confinement of fifteen days or more, the court may restrict or deny the defendant's eligibility for the supervised work program.

The governing body of the county may prescribe a program administrative fee, not to exceed the pro rata cost of administration, to be paid by each person in the program, according to the person's ability to pay."

SECTION   76.   Section 24-13-260 of the 1976 Code is amended to read:

"Section 24-13-260.   Any An officer having charge of any such convict an inmate who shall refuse refuses to allow such a deduction in time of serving sentence shall be is guilty of a misdemeanor and shall, upon conviction, suffer imprisonment must be imprisoned for not less than thirty days or pay a fine of not less than one hundred dollars."

SECTION   77.   Section 24-13-410 of the 1976 Code is amended to read:

"Section 24-13-410.   (A)   It is unlawful for a person, lawfully confined in a prison or upon the public works of a county local detention facility or while in the custody of a superintendent, guard, or an officer, or another employee, to escape, to attempt to escape, or to have in his possession tools, or weapons, or other items that which may be used to facilitate an escape.

(B)   A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned not less than one year nor more than fifteen years.

(C)   The term of imprisonment is consecutive to the original sentence and to other sentences previously imposed upon the escapee by a court of this State."

SECTION   78.   Section 24-13-420 of the 1976 Code is amended to read:

"Section 24-13-420.   (A)   It is unlawful for a person, lawfully confined in a prison, local detention facility, or under the supervision of an officer or other employee, whether awaiting trial or serving sentence, to escape, to attempt to escape, or to have in his possession tools, weapons, or other items that may be used to facilitate an escape.

(B)   A person who knowingly harbors or employs an escaped convict inmate, is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both."

SECTION   79.   Section 24-13-430 of the 1976 Code is amended to read:

"Section 24-13-430.   (1)Any(A)   An inmate of the Department of Corrections, city or county jail, or public works of any county that or of a local detention facility who conspires with any other another inmate to incite such the inmate to riot or commit any other acts of violence shall be deemed is guilty of a felony and, upon conviction, shall must be sentenced in the discretion of the court.

(2)   Any(B)   An inmate of the Department of Corrections, city or county jail, or public works of any county that or of a local detention facility who participates in a riot or any other acts of violence shall be deemed is guilty of a felony and, upon conviction, shall must be imprisoned for not less than five years nor more than ten years."

SECTION   80.   Section 24-13-440 of the 1976 Code is amended to read:

"Section 24-13-440.   It is unlawful for an inmate of a state correctional facility, city or county jail, or public works of a county or of a local detention facility to carry on his person or to have in his possession a dirk, slingshot, metal knuckles, razor, firearm, or any other deadly weapon an object, homemade or otherwise, which usually is that may be used for the infliction of personal injury upon another person, or to wilfully conceal any weapon within any Department of Corrections facility or other place of confinement.

A person violating this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years. A sentence imposed under this section must be served consecutively to any other sentence the inmate is serving."

SECTION   81.   Section 24-13-450 of the 1976 Code is amended to read:

"Section 24-13-450.   An inmate of a state, county, or city correctional facility, a local detention facility, or a private entity that contracts with a state, county, or city to provide care and custody of inmates, including persons in safekeeper status, acting alone or in concert with others, who by threats, coercion, intimidation, or physical force takes, holds, decoys, or carries away any person as a hostage or for any other reason whatsoever shall be deemed is guilty of a felony and, upon conviction, shall must be imprisoned for a term of not less than five years nor more than thirty years. This sentence shall must not be served concurrently with any sentence being served at the time the offense is committed."

SECTION   82.   Section 24-13-460 of the 1976 Code is amended to read:

"Section 24-13-460.   It shall be is unlawful for any a person in this State to furnish any a prisoner in a jail or on a chain gang local detention facility any alcoholic beverages or narcotic drugs, including prescription medications and controlled substances that have not been issued legally to the prisoner. Anyone A person violating the provisions of this section shall be is guilty of a misdemeanor and, upon conviction, thereof shall must be punished by a fine of five hundred dollars, or imprisonment for six months, or both."

SECTION   83.   Section 24-13-470 of the 1976 Code is amended to read:

"Section 24-13-470.   (A)   An inmate, a detainee, a person taken into custody, or a person under arrest, who attempts to throw or throws body fluids including, but not limited to, urine, blood, feces, vomit, saliva, or semen on an employee of a state or local correctional facility or local detention facility, a state or local law enforcement officer, a visitor of a state correctional facility or local detention facility, or any other person authorized to be present in a state correctional facility or local detention facility in an official capacity is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years. A sentence under this provision must be served consecutively to any other sentence the inmate is serving. This section shall not prohibit the prosecution of an inmate for a more serious offense if the inmate is

(B)   A person accused of a crime contained in this section may be tested for a blood borne disease within seventy-two hours of the crime if a health care professional believes that exposure to the accused person's body fluid may pose a significant health risk to a victim of the crime.

(C)   This section does not apply to a person who is a "patient" as defined in Section 44-23-10(3).

(D) For purposes of this section, "local correctional facility" includes, but is not limited to, a local detention facility."

SECTION   84.   Section 24-13-640 of the 1976 Code is amended to read:

"Section 24-13-640.   Notwithstanding any other provision of law, any state or local prisoner who is not in the highest trusty grade and who is assigned to a work detail outside the confines of any state correctional facility shallor local detention facility must wear a statewide uniform. The uniform must be of such a design and color as to easily be identified as a prisoner's uniform and stripes must be used in the design. The Department of Corrections Division of Prison Industries shallmust manufacture the statewide uniform and make it available for sale to the local detention facilities. The director of the Department of Corrections may determine, in his discretion, that the provisions of this section do not apply to certain prisoners."

SECTION   85.   Section 24-13-660 of the 1976 Code is amended to read:

"Section 24-13-660.   (A)   A criminal offender committed to incarceration anywhere in this State may be required by prison or jail officials to perform public service work or related activities while under the supervision of appropriate employees of a federal, state, county, or municipal agency, or of a regional governmental entity or special purpose district. Prison or jail officials shall make available each inmate who is assigned to the program for transportation to his place of work on all days when work is scheduled and shall receive each inmate back into confinement at the respective facility after work is concluded. This public service work is considered to be a contribution by the inmate toward the cost of his incarceration and does not entitle him to additional compensation.

(B)   No offender may be allowed to participate in these public service work activities unless he first is properly classified and approved to be outside the prison or jail without armed escort.

(C)   The public service work requirement in subsection (A) operates only when adequate supervision and accountability can be provided by the agency, entity, district, or organization which is responsible for the work or related activity. The types of public service work permitted to be performed include, but are not limited to, litter control, road and infrastructure repair, and emergency relief activities.

(D)   The South Carolina Department of Corrections may enter into a contractual agreement with any federal, state, county, or municipal agency, or with any regional governmental entity or public service district, to provide public service work or related activities through the use of inmate labor under authorized circumstances and conditions. A county municipal, or multi-jurisdictional jail, detention facility, or prison camp also may provide public service work or related activities through the use of inmate labor in accordance with the Minimum Standards for Local Detention Facilities in South Carolina and with applicable statutes and ordinances.

(E)   It is the policy of this State and its subdivisions to utilize criminal offenders for public service work or related activities whenever it is practical and is consistent with public safety. All eligible agencies, entities, districts, and organizations are encouraged to participate by using a labor force that can be adequately supervised and for which public service work or related activities are available.

(F)   Nothing in this section may be construed to prohibit or otherwise to limit the use of inmate labor by the South Carolina Department of Corrections within its own facilities or on its own property, or by any jail or camplocal governing body within its own facilities or on its own property. Further, nothing in this section prevents the South Carolina Department of Corrections or a local detention facility from escorting and supervising any inmate for a public purpose when the department or the local detention facility provides its own security."

SECTION   86.   Section 24-13-910 of the 1976 Code is amended to read:

"Section 24-13-910.   Beginning January 1, 1988, local governing bodies may establish regulations consistent with regulations of the Department of Corrections, and administer a program under which a person convicted of an offense against this State or other local jurisdiction and confined in a local correctional facilities detention facility, or punished for contempt of court in violation of Section 20-7-1350 and confined in a local correctional detention facility may, upon sentencing, and while continuing to be confined in the facility at

SECTION   87.   Section 24-13-915 of the 1976 Code is amended to read:

"Section 24-13-915.   Wherever in the Code of Laws of South Carolina, 1976, as amended, a reference is made to a local correctional detention facility, it shall mean means a county, or municipal, correctional or multi-jurisdictional detention facility."

SECTION   88.   Section 24-13-940 of the 1976 Code is amended to read:

"Section 24-13-940.   The official administering the work/punishment program may contract with the South Carolina Department of Corrections or with other governmental bodies to allow inmates committed to serve sentences in the custody of the department or in other local correctional detention facilities to participate in the program and be confined in the local correctional institution detention facility of the receiving official."

SECTION   89.   Section 24-13-1540 of the 1976 Code is amended to read:

"Section 24-13-1540.   If a department desires to implement a home detention program, it must promulgate regulations that prescribe reasonable guidelines under which a home detention program may operate. These regulations must require that the participant remain within the interior premises or within the property boundaries of his residence at all times during the hours designated by the department. Approved absences from the home for a participant may include:

(1)   hours in employment approved by the department or traveling to or from approved employment;

(2)   time seeking employment approved for the participant by the department;

(3)   medical, psychiatric, mental health treatment, counseling, or other treatment programs approved for the participant by the department;

(4)   attendance at an educational institution or a program approved for the participant by the department;

(5)   attendance at a regularly scheduled religious service at a place of worship; or

(6)   participation in a community work release punishment or community service program approved by the department."

SECTION   90.   Section 16-7-140 of the 1976 Code is amended to read:

"Section 16-7-140.   Any A person who violates any provision of Sections 16-7-110 and 16-7-120 shall be is guilty of a misdemeanor and, upon conviction, shall must be punished by a fine of not more than five hundred dollars or by imprisonment in the county jail for a period not to exceed twelve months."

SECTION   91.   Section 20-7-1350 of the 1976 Code, as last amended by Act 550 of 1990, is further amended to read:

"Section 20-7-1350.   An adult who wilfully violates, neglects, or refuses to obey or perform a lawful order of the court, or who violates any provision of this chapter, may be proceeded against for contempt of court. An adult found in contempt of court may be punished by a fine, by a public work works sentence, or by imprisonment in a local correctional detention facility, or by any combination of them, in the discretion of the court, but not to exceed imprisonment in a local correctional detention facility for one year, a fine of fifteen hundred dollars, or public work works sentence of more than three hundred hours, or any combination of them. An adult sentenced to a term of imprisonment under this section may earn good time credits pursuant to Section 24-13-210 and work credits pursuant to Section 24-13-230 and may participate in a work/punishment program pursuant to Section 24-13-910 unless his participation in any of these programs is prohibited by order of the sentencing judge."

SECTION   92.   Sections 24-3-150, 24-3-200, 24-5-30, 24-5-70, 24-5-100, 24-5-140, 24-5-150, 24-5-160, 24-7-70, 24-7-80, 24-7-130, 24-7-140, and 24-7-150 are repealed.

SECTION   93.   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

SECTION   94.   Chapter 5, Title 24 of the 1976 Code is amended by adding:

Section 24-5-200.   This article may be cited as the 'Local Detention Facility Mutual Aid and Assistance Act'.

Section 24-5-210.   (A)   For purposes of this article, 'local detention facility' means a municipal, county, or multi-jurisdictional jail, prison camp, or overnight lockup used for the detention of persons charged with or convicted of a felony, misdemeanor, local ordinance, or violation of a court order.

(B)   There is a need for the safe and secure housing of inmates, and there may be situations where inmates need to be temporarily housed in other local detention facilities in order to maintain the public peace, safety, and welfare. Therefore, local detention facilities of this State are authorized to enter into mutual aid and assistance agreements with other local detention facilities as may be necessary.

(C)   The facility manager, with the approval and consent of the local governing body, may provide this assistance while acting in accordance with the policies, ordinances, and procedures set forth by the governing body of the providing local detention facility. If sufficient resources are not available within the several counties, the requesting local detention facility may seek assistance of the South Carolina Department of Corrections and its resources until the emergency has passed.

Section 24-5-220.   (A)   Mutual aid and assistance agreements may include, but are not limited to, the following:

(1)   statement of the services to be provided;

(2)   arrangements for the use of equipment and facilities;

(3)   records to be maintained on behalf of the receiving local detention facility;

(4)   authority of the providing facility manager to maintain control over the receiving local detention facility's inmates or other personnel;

(5)   terms of financial agreements between the parties;

(6)   duration, modification, and termination of the agreement; and

(7)   legal contingencies for any lawsuits or the payment of damages that arise from the provided services.

(B)   Nothing in this article requires a local detention facility to have a written mutual aid and assistance agreement, nor does it preclude mutual aid to take place absent a written policy agreement in the case of an emergency.

Section 24-5-230.   (A)   The provisions of this article shall not conflict with any existing mutual aid and assistance agreements or contracts between local detention facilities.

(B)   Nothing in this article may be construed to alter, amend, or affect any rights, duties, or responsibilities of law enforcement authorities established by the Constitution or laws of this State, or by ordinance of local governing bodies, except as expressly provided for in this chapter."

SECTION   95.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   96   This act takes effect upon approval by the Governor.

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the committee amendment.

The committee amendment was adopted.

Senators THOMAS and FAIR proposed the following amendment (590R003.MLF), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/   SECTION   ___.   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

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 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 be incarcerated for a period longer than the original sentence. 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."     /

Renumber sections to conform.

Amend title to conform.

Senator THOMAS 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.

S. 971 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY

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

The Committee on Transportation proposed the following amendment (971R001.LKG), which was adopted:

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

/     SECTION   1.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-10040.   The department may issue a 'Veteran' special motor vehicle license plate for use on a private passenger-carrying motor vehicle or a motorcycle registered in such person's name in this State who served in the United States Armed Forces or the National Guard, including service in the Reserves of any of these military branches, and who was honorably discharged from service. An application for a special license plate must include official military documentation that shows the applicant was honorably discharged from service. Only two plates may be issued to a person.

Section 56-3-10050.   The special license plate must be of the same size and general design as a regular motor vehicle or motorcycle license plate. The Department of Motor Vehicles shall imprint the special license plates with the word 'Veteran', with numbers the department may determine. The license plate must be for a biennial period which expires twenty-four months from the month it is issued.

Section 56-3-10060.   A license plate issued pursuant to this article may be transferred to another vehicle or motorcycle of the same weight class owned by the same person upon application being made and being approved by the Department of Motor Vehicles. It is unlawful for any person to whom the plate has been issued to knowingly permit it to be displayed on any vehicle or motorcycle except the one authorized by the department.

Section 56-3-10070.   The provisions of this article do not affect the registration and licensing of motor vehicles or motorcycles as required by other provisions of this chapter but are cumulative to those other

Section 56-3-10080.   Fees for the special license plate shall be in accordance with Article 5 of Chapter 3, Title 56.

Section 56-3-10090.   Before the Department of Motor Vehicles produces and distributes a special license plate pursuant to this article, it must receive:

(1)   four hundred or more prepaid applications for the special license plate or four thousand dollars from the individual or organization seeking issuance of the license plate; and

(2)   a plan to market the sale of the plate approved by the department.

If the department receives less than three hundred biennial applications and renewals for the special license plate authorized by this article, it may not produce additional special license plates in this series. However, the department shall continue to issue special license plates of that series until the existing inventory is exhausted."

SECTION   2.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

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 KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 971.

H. 4450 (Word version) -- Rep. Gullick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-840 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL MAINTAIN ALL PROPERTY AND

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

Senator McCONNELL spoke on the committee amendment.

Senator McCONNELL objected to further consideration of the Bill.

S. 1137 (Word version) -- Senators Peeler, Reese, Hawkins and Ritchie: A JOINT RESOLUTION TO PROVIDE THAT IN 2009 AND 2010, 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 TWENTY-SIX 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.

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

Senator GROOMS asked unanimous consent to recommit the Joint Resolution to the Committee on Transportation.

There was no objection.

The Joint Resolution was recommitted to the Committee on Transportation.

S. 959 (Word version) -- Senators Elliott, Rankin, Cleary and McGill: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE MAIN STREET CONNECTOR BRIDGE THAT CROSSES THE INTRACOASTAL WATERWAY IN HORRY COUNTY IN HONOR

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

S. 1074 (Word version) -- Senators Malloy and Patterson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE MARKERS OR SIGNS THAT CONTAIN THE WORDS "ROUND O COMMUNITY" ALONG HIGHWAY 133 IN DARLINGTON COUNTY, BETWEEN THE INTERSECTIONS OF HIGHWAY 524 AND HIGHWAY 41, NEAR THE ROUND O CHURCH.

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

S. 1148 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 33 ALONG INTERSTATE HIGHWAY 95 IN JASPER COUNTY THE "SHERIFF BENJAMIN 'BEN' RILEY INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "SHERIFF BENJAMIN 'BEN' RILEY INTERCHANGE".

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

H. 4428 (Word version) -- Reps. Jefferson, Merrill, Anderson, Dantzler and Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 45 IN BERKELEY COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 17 TO A POINT EIGHT MILES EAST OF THIS INTERSECTION THE "REVEREND ROBERT 'BOB' SNIDER, JR. HIGHWAY", AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "REVEREND ROBERT 'BOB' SNIDER, JR. HIGHWAY".

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

H. 4583 (Word version) -- Reps. Bales, Ballentine, Brady, Cotty, Harrison, Hart, Howard, J.H. Neal, Rutherford, Scott and J.E. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT SIGNS THAT

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

H. 4584 (Word version) -- Reps. Stavrinakis, Hutson, Breeland, Limehouse, Mack, Merrill, Scarborough, Young, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Littlejohn, Loftis, Lowe, Lucas, Mahaffey, McLeod, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Shoopman, Simrill, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Spires, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 17 IN CHARLESTON COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 7 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 171 THE "CHARLESTON NINE MEMORIAL HIGHWAY", AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CHARLESTON NINE MEMORIAL HIGHWAY" AS A LASTING TRIBUTE TO THE NINE CITY OF CHARLESTON FIREFIGHTERS WHO TRAGICALLY PERISHED IN THE WEST ASHLEY FIRE ON MONDAY, JUNE 18, 2007.

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

H. 4654 (Word version) -- Reps. Stavrinakis, Whipper, Breeland, R. Brown, Hagood, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough, Young and Knight: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA HIGHWAYS 7 AND 171 IN CHARLESTON COUNTY THE "BARRETT S. LAWRIMORE MEMORIAL INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "BARRETT S. LAWRIMORE MEMORIAL INTERSECTION".

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

H. 4699 (Word version) -- Reps. Umphlett, Jefferson, Dantzler and Merrill: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF OLD UNITED STATES HIGHWAY 52 FROM ITS INTERSECTION WITH THE MONCKS CORNER CITY LIMITS SOUTHWARD TO ITS INTERSECTION WITH NEW UNITED STATES HIGHWAY 52 IN BERKELEY COUNTY THE "LIEUTENANT GENERAL HENRY DOCTOR, JR. MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "LIEUTENANT GENERAL HENRY DOCTOR, JR. MEMORIAL HIGHWAY".

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

H. 4711 (Word version) -- Rep. Haskins: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 37 ALONG INTERSTATE HIGHWAY 385 IN GREENVILLE COUNTY THE "WILKINS NORWOOD INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "WILKINS NORWOOD INTERCHANGE".

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

H. 4734 (Word version) -- Reps. Mahaffey and Talley: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 129 IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 29 TO ITS INTERSECTION WITH INTERSTATE HIGHWAY 85 "SERGEANT SHAWN F. HILL MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "SERGEANT SHAWN F. HILL MEMORIAL HIGHWAY".

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

H. 4681 (Word version) -- Reps. Knight, Hutson, Harrell and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION REMOVE THE SIGNS THAT CONTAIN THE WORDS "THE MINUS BRIDGE" THAT WERE ERECTED AT THE BRIDGE THAT CROSSES FOUR HOLE SWAMP ALONG UNITED STATES HIGHWAY 78 IN DORCHESTER COUNTY PURSUANT TO H. 5232 OF 2004, AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION THAT CONTAIN THE WORDS "ORIGINALLY CHARTERED TO AND BUILT BY GEORGE MUCKENFUSS 1792-1813 AS A TOLL ROAD. CHARTERED TO THE MINUS AND HARLEY FAMILIES 1813-1862".

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

Senator Grooms proposed the following amendment (SWB\5473CM08), which was adopted:

Amend the concurrent resolution, as and if amended, by deleting lines 32 through 34 and inserting:

/ Muckenfuss (1792 - 1813)

Minus (1813 - 1848)

Harley (1848 - 1862) Bridge /

Amend the title, as and if amended, by deleting lines 18 through 21 and inserting:

/ LOCATION THAT CONTAIN THE WORDS 'MUCKENFUSS (1792 - 1813) MINUS (1813 - 1848) HARLEY

(1848 - 1862) BRIDGE'. /

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the amendment.

The amendment was adopted.

There being no further amendments, the Concurrent Resolution was ordered returned to the House, as amended.

S. 1182 (Word version) -- Senator Grooms: A JOINT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO STUDY THE FEASIBILITY AND BENEFITS OF THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF TRANSPORTATION INFRASTRUCTURE THROUGH THE UTILIZATION OF PUBLIC PRIVATE PARTNERSHIPS AND VENTURES AND TO PROVIDE FOR THE OPERATIONS OF THE STUDY COMMITTEE.

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

S. 833 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO PROHIBIT THE TETHERING, FASTENING, CHAINING, TYING, OR RESTRAINING A DOG TO A STATIONARY OBJECT FOR MORE THAN THREE HOURS A DAY OR FOR MORE THAN SIX HOURS A DAY ON A TROLLEY SYSTEM; TO PROVIDE CLASS I MISDEMEANOR CRIMINAL PENALTIES; AND TO AUTHORIZE LOCAL GOVERNMENT BY ORDINANCE TO VARY THESE REGULATIONS.

Senator VERDIN 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.

Senator VERDIN proposed the following amendment (JUD0833.012), which was adopted:

Amend the committee report, as and if amended, page [833-1], by striking lines 24-42, and on page [833-2], by striking lines 1-27, and inserting:

/   "Section 47-1-45.   (A)   It is unlawful to knowingly or intentionally confine or restrain an animal in a cruel manner or knowingly or intentionally cause such cruel confinement or restraining of an animal.

(B)   For purposes of this section:

(1)   'Confine an animal in a cruel manner' or cruel confinement of an animal' means confining an animal by means of a cage, crate, pen, or similar confinement under circumstances in which the person intends to endanger the animal's health or safety, or the person reasonably should have known would endanger the animal's health or safety. 'Confine an animal in a cruel manner' or 'cruel confinement of an animal' includes, but is not limited to, a confinement that:

(a)   confines an animal for such an unreasonable period of time that the animal's health or safety is endangered;

(b)   does not permit an animal to stand, turn around, sit, and lie down in a normal position;

(c)   cause bodily injury to an animal;

(d)   does not permit an animal access to sustenance;

(e)   does not permit proper ventilation for an animal; or

(f)   is not kept in a sanitary condition.

(2)   'Restrain an animal in a cruel manner' or 'cruel restraining of an animal' means tethering, fastening, chaining, tying, attaching, or otherwise restraining an animal to a tree, fence, post, or other stationary object or a running line, pulley, cable trolley system, or similar system by means of a chain, rope, tether, leash, cable, or similar restraint under circumstances in which the person intends to endanger the animal's health or safety, or the person reasonably should have known would endanger the animal's health or safety. 'Restrain an animal in a cruel manner' or 'cruel restraining of an animal' includes, but is not limited to, a restraint that:

(a)   restricts an animal's movement for such an unreasonable period of time that the animal's health or safety is endangered;

(b)   is of a weight that excessively burdens an animal;

(c)   causes an animal to choke or causes bodily injury to an animal;

(d)   is too short for an animal to move around or for an animal to urinate or defecate in a separate area from the area where the animal must eat, drink, or lie down;

(e)   is situated such that an animal will likely become entangled;

(f)   does not permit an animal access to sustenance and shelter;

(g)   does not permit an animal to escape reasonably foreseeable harm;

(h)   is attached to an animal by means of a collar, harness, or similar device that is not properly fitted for the age and size of the animal such that the collar, harness, or similar device causes trauma or injury to the animal; or

(i)     is attached to an unsupervised animal by means of a choke-type or pronged collar.

(C)   A person who knowingly or intentionally violates this section is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not exceeding sixty days or by a fine not less than one hundred dollars nor more than five hundred dollars, or both, for a first offense; by imprisonment not exceeding ninety days or by a fine not exceeding eight hundred dollars, or both, for a second offense; or by imprisonment not exceeding two years or by a fine not exceeding two thousand dollars, or both, for a third or subsequent offense. A person may be issued a correction warning in lieu of an infraction requiring the person to correct the cruel confinement or restraining of an animal within seventy-two hours unless the violation endangers the health or safety of the animal, the animal has been wounded as a result of the violation, or a correction warning has previously been issued to the person.

(D)   Nothing in this section prohibits local governments from adopting more stringent local ordinances governing the confinement or restraining of an animal; however, a local government may assess only civil penalties for such ordinances."   /

Renumber sections to conform.

Amend title to conform.

Senator VERDIN explained the amendment.

The amendment was adopted.

The Committee on Judiciary proposed the following amendment (JUD0833.009), which was adopted:

Amend the bill, as and if amended, pages 1 and 2, by striking SECTION 1 in its entirety and inserting:

/   SECTION   1.   Chapter 1, Title 47 of the 1976 Code is amended by adding:

"Section 47-1-45.   (A)   It is unlawful to cruelly restrain a dog or cause such cruel restraining of a dog.

(B)   For purposes of this section, 'cruelly restrain a dog' or 'cruel restraining of a dog' means tethering, fastening, chaining, tying, attaching, or otherwise restraining a dog to a tree, fence, post, or other stationary object or a running line, pulley, cable trolley system, or similar system by means of a chain, rope, tether, leash, cable, or similar restraint under circumstances that may endanger the dog's health, safety, or well-being. 'Cruelly restrain a dog' or 'cruel restraining of a dog' includes, but is not limited to, a restraint that:

(1)   restricts a dog's movement for such an unreasonable period of time that the dog's health, safety, or well-being is endangered;

(2)   is of a weight that excessively burdens a dog;

(3)   causes a dog to choke or causes bodily injury to a dog;

(4)   is too short for a dog to move around or for a dog to urinate or defecate in a separate area from the area where the dog must eat, drink, or lie down;

(5)   is situated such that a dog will likely become entangled;

(6)   does not permit a dog access to sustenance and shelter;

(7)   does not permit a dog to escape reasonably foreseeable harm;

(8)   is attached to a dog by means of a collar or harness that is not properly fitted for the age and size of the dog such that the collar or harness causes trauma or injury to the dog; or

(9)   is attached to an unsupervised dog by means of a choke-type or pronged collar.

(C)   A person who knowingly or intentionally violates this section is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not exceeding sixty days or by a fine not less than one hundred dollars nor more than five hundred dollars, or both, for a first offense; by imprisonment not exceeding ninety days or by a fine not exceeding eight hundred dollars, or both, for a second offense; or by imprisonment not exceeding two years or by a fine not exceeding two thousand dollars, or both, for a third or subsequent offense. A person may be issued a correction warning in lieu of an infraction requiring the person to correct the cruel restraining of a dog within seventy-two hours unless the violation endangers the health or safety of the dog, the

(D)   Nothing in this section prohibits local governments from adopting more stringent local ordinances governing the restraining of a dog; however, a local government may assess only civil penalties for such ordinances."   /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

On motion of Senator HUTTO, the Bill was carried over, as amended.

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.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

H. 3427 (Word version) -- Reps. Whipper, Cobb-Hunter, Jennings, Mack, F.N. Smith, J.R. Smith, Weeks, Gullick, Mulvaney, Hamilton, G.R. Smith, Bedingfield and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2008, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2007; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.

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

Senator RANKIN was recognized to speak on the Bill.

At 3:29 P.M., with Senator RANKIN retaining the floor, Senator MARTIN asked unanimous consent to make a motion under the provisions of Rule 15A to vote on the entire matter of H. 3427.

There was no objection.

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

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Cromer
Fair                      Grooms                    Hayes
Leatherman                Martin                    Massey
McGill                    O'Dell                    Peeler
Ritchie                   Ryberg                    Setzler
Thomas                    Verdin

Anderson                  Campbell                  Elliott
Ford                      Hawkins                   Hutto
Jackson                   Knotts                    Land
Leventis                  Lourie                    Malloy
McConnell                 Patterson                 Pinckney
Rankin                    Reese

Not having received the necessary vote, the motion under Rule 15A failed.

Senator RANKIN resumed speaking on the Bill.

At 3:59 P.M., with Senator RANKIN retaining the floor, Senator MARTIN asked unanimous consent to make a motion under the provisions of Rule 15A to vote on the entire matter of H. 3427.

There was no objection.

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

Alexander                 Bryant                    Campsen
Courson                   Cromer                    Fair
Grooms                    Hayes                     Martin
Massey                    McGill                    O'Dell
Peeler                    Ritchie                   Ryberg
Scott                     Setzler                   Thomas
Verdin

Anderson                  Campbell                  Ceips
Elliott                   Ford                      Hawkins
Hutto                     Jackson                   Land
Leventis                  Lourie                    Malloy
Matthews                  McConnell                 Patterson
Rankin                    Reese

Not having received the necessary vote, the motion under Rule 15A failed.

Senator RANKIN resumed speaking on the Bill.

At 4:15 P.M., Senator McCONNELL assumed the Chair.

Senator RANKIN resumed speaking on the Bill.

At 5:05 P.M., on motion of Senator MARTIN, the Senate receded from business not to exceed three minutes.

At 5:09 P.M., the Senate resumed.

With Senator RANKIN retaining the floor, Senator MARTIN asked unanimous consent to make a motion to discharge the Bill from Special Order status and return the Bill to the Second Reading Calendar.

Senator RYBERG objected.

Senator RANKIN spoke on the Bill.

At 5:16 P.M., with Senator RANKIN retaining the floor, on motion of Senator MARTIN, the Senate receded from business subject to the Call of the Chair.

At 5:25 P.M., the Senate resumed.

With Senator RANKIN retaining the floor, Senator MARTIN asked unanimous consent to make a motion to place the Bill in the status of Adjourned Debate, discharge the Bill from Special Order status, and, further, the Senate would agree not to take the Bill up for consideration prior to April 10, 2008.

Senator ANDERSON objected.

With Senator RANKIN retaining the floor, Senator MARTIN asked unanimous consent to make a motion to carry over the Bill in the status of Adjourned Debate, discharge the Bill from Special Order status and, further, the Senate would agree not to take the Bill up for consideration prior to April 10, 2008.

Senator FAIR objected.

Senator RANKIN resumed speaking on the Bill.

With Senator RANKIN retaining the floor, Senator MARTIN asked unanimous consent to make a motion to carry over the Bill in the status of Adjourned Debate, discharge the Bill from Special Order status, and,

With Senator RANKIN retaining the floor, the Bill was discharged from Special Order status, and remained in the status of Adjourned Debate, not to be taken up for consideration prior to April 10, 2008.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

H. 3212 (Word version) -- Reps. Delleney, M.A. Pitts, Haley, Crawford, Chellis, G.R. Smith, Owens, Rice, Weeks, Viers, Simrill, Bedingfield, Vick, Duncan, Mulvaney, Stavrinakis, Clemmons and Young: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY CONCEALABLE WEAPONS HELD BY A RESIDENT OF ANOTHER STATE MUST BE HONORED BY THIS STATE AND TO DELETE THE PROVISION THAT THIS STATE WILL ONLY HONOR OUT-OF-STATE PERMITS ISSUED BY A STATE WITH WHICH SOUTH CAROLINA HAS RECIPROCITY.

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

On motion of Senator MARTIN, the Bill was carried over.

Senator MARTIN moved that the Senate revert to the Motion Period.

THE SENATE REVERTED TO THE MOTION PERIOD.

H. 4823 (Word version) -- Reps. Harrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach,

Senator MARTIN moved that the Bill be made a Special Order.

By a division vote of 25-2, the Bill was made a Special Order.

Senator RYBERG desired to be recorded as voting against the motion to make the Bill a Special Order.

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

Senator KNOTTS rose for an Expression of Personal Interest.

At 5:47 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 10:00 A.M.

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