Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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 Psalmist reminds us that:

"He leads the humble in what is right, and teaches the humble his way. All the paths of the Lord are steadfast love and faithfulness, for those who keep his covenant and his decrees."         (Psalm 25:9-10)
  Let us pray:
  Holy God, here in this place, in this State House, it is often very hard to remain humble, to hold to Your covenant and to Your decrees. Our very humanity gets in the way again and again, and not only on this April Fool's Day. Dear Lord, guide each of these leaders to be the women and men you wish them to be: humble, yes; and determined, attuned to the real needs of the people of this State, honoring You in all that they say and do. Guide and lead them as they in turn guide and lead the citizens of South Carolina. In Your name we pray, dear Lord. Amen.

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

The following appointments were transmitted by the Honorable Mark C. Sanford:

Reappointment, South Carolina State Board of Nursing, with the term to commence December 31, 2007, and to expire December 31, 2011
3rd Congressional District:
C. Lynn Lewis, Ed.D., R.N., 7900 Highway 76, Post Office Box 587, Pendleton, SC 29670

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina State Ethics Commission, with the term to commence May 31, 2005, and to expire May 31, 2010
4th Congressional District:
J. B. Holeman, 105 Haddon Lane, Greer, SC 29651 VICE Johnnie M. Walters

Referred to the Committee on Judiciary.

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

Document No. 3201
Agency: Department of Labor, Licensing and Regulation - Board of Dentistry
SUBJECT: Mobile Dental Facilities and Portable Dental Operations
Received by Lieutenant Governor March 27, 2008
Referred to Medical Affairs Committee
Legislative Review Expiration March 3, 2009

Document No. 3202
Agency: Department of Labor, Licensing and Regulation - Board of Physical Therapy Examiners
SUBJECT: Establishing Fees, Guidelines for Continuing Education, and Requirements for Licensure as a Physical Therapist and Physical Therapist Assistant
Received by Lieutenant Governor March 27, 2008
Referred to Medical Affairs Committee
Legislative Review Expiration March 3, 2009

Senator McCONNELL introduced Dr. Louis Costa of Charleston, S.C., Doctor of the Day.

On motion of Senator WILLIAMS, at 12:05 P.M., Senator HAWKINS was granted a leave of absence for the week.

The following co-sponsor was added to the respective Bill:
S. 1072 (Word version)     Sen. O'Dell

The following were introduced:

S. 1250 (Word version) -- Senator Williams: A SENATE RESOLUTION RECOGNIZING THE ACCOMPLISHMENTS OF REVEREND DR. ALVIN COSTELLO ROBINSON.
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The Senate Resolution was adopted.

S. 1251 (Word version) -- Senator Peeler: A SENATE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE GRESSETTE SENATE OFFICE BUILDING ON THURSDAY, DECEMBER 4, 2008, AND FRIDAY, DECEMBER 5, 2008, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
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The Senate Resolution was introduced and referred to the Committee on Invitations.

S. 1252 (Word version) -- Senators Leatherman and Peeler: A BILL TO AMEND SECTION 2-75-30 OF THE 1976 CODE, RELATING TO THE CENTERS OF EXCELLENCE MATCHING ENDOWMENT, TO PROVIDE THAT THE INTEREST EARNINGS IN THE FUND MAY BE USED AT THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD'S DISCRETION FOR ADDITIONAL STATE AWARDS.
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Read the first time and referred to the Committee on Finance.

S. 1253 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-45 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR THE PROVIDER OF CELLULAR TELECOMMUNICATIONS ACCESS, SERVICE, OR EQUIPMENT TO CHARGE A REACTIVATION FEE WHEN A CELLULAR PHONE IS LOST, DAMAGED, OR DESTROYED, CHARGE A FEE IN EXCESS OF THE AVERAGE MONTHLY BILL TO A CUSTOMER WHOSE CELLULAR TELEPHONE IS STOLEN OR WHO CANCELS A CONTRACT DUE TO HIS MOVE INTO AN AREA WITH NO TELECOMMUNICATIONS PROVIDER SIGNAL, OR TO OTHERWISE BE UNJUSTLY ENRICHED IN CONNECTION WITH A TELECOMMUNICATIONS ACCESS, SERVICE, OR EQUIPMENT CONTRACT, AND TO DEFINE "UNJUST ENRICHMENT" FOR THIS PURPOSE.
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Read the first time and referred to the Committee on Judiciary.

S. 1254 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 40-33-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NURSING LICENSING REQUIREMENTS, INCLUDING, AMONG OTHER THINGS, CONDUCT THAT IS NOT CONSIDERED NURSING AND WHICH DOES NOT REQUIRE LICENSURE, SO AS TO INCLUDE CARING FOR THE SICK IN ACCORDANCE WITH TENETS OR PRACTICES OF ANY RELIGIOUS DENOMINATION WHICH TEACHES RELIANCE UPON SPIRITUAL MEANS THROUGH PRAYER FOR HEALING IF THE PERSON DOES NOT HOLD HERSELF OR HIMSELF OUT TO BE A NURSE.
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Read the first time and referred to the Committee on Medical Affairs.

H. 4018 (Word version) -- Reps. E. H. Pitts, Toole and Ott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-515 SO AS TO PERMIT AMERICAN INDIAN ARTISTS WHO ARE MEMBERS OF A TRIBE RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS TO ADVERTISE AND SELL THEIR ARTS AND CRAFTS CONTAINING WILD TURKEY FEATHERS UNDER CERTAIN CONDITIONS.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4229 (Word version) -- Rep. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-25-130 SO AS TO REQUIRE THE PREPARATION OF JURY LISTS FROM THE TAPE OF PERSONS HOLDING A VALID STATE DRIVER'S LICENSE OR IDENTIFICATION CARD TO BE FURNISHED BY THE STATE ELECTION COMMISSION TO MUNICIPAL JURY COMMISSIONERS FOR USE IN SELECTING MUNICIPAL JURIES; AND TO AMEND SECTIONS 14-25-125 AND 14-25-155, BOTH RELATING TO THE COMPOSITION OF MUNICIPAL COURT JURY LISTS, BOTH SO AS TO PROVIDE THAT THE JURY LIST TO BE USED BY THE MUNICIPALITY IS THE LIST PREPARED BY THE JURY COMMISSIONERS FROM THE LATEST OFFICIAL LIST PROVIDED BY THE STATE ELECTION COMMISSION.

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

H. 4534 (Word version) -- Reps. M. A. Pitts, Owens, Simrill, Davenport, Hosey, Leach, McLeod, Moss, Phillips, Thompson and Loftis: A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR MAKING ARRESTS, SO AS TO FURTHER PROVIDE FOR THESE PROCEDURES, THE USE OF SUMMONS, AND THE RECEIPT OF MONETARY BONDS.

Read the first time and referred to the Committee on Fish, Game and Forestry.

Senator COURSON from the Committee on Education submitted a favorable with amendment report on:

S. 641 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-35 SO AS TO PROVIDE THAT A SCHOOL SHALL DEFER TO THE DECISION OF PARENTS OF TWINS AS TO WHETHER OR NOT THE TWINS WILL BE IN THE SAME CLASSROOM.

Ordered for consideration tomorrow.

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

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

S. 311 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2723 SO AS TO REQUIRE ALL GROUP CHILDCARE HOMES AND FAMILY CHILDCARE HOMES THAT DO NOT CARRY LIABILITY INSURANCE TO OBTAIN STATEMENTS FROM EACH PARENT OR GUARDIAN OF A CHILD ENROLLED IN THE CHILDCARE FACILITY INDICATING THAT THE PARENT HAS RECEIVED NOTICE FROM THE FACILITY THAT THE FACILITY DOES NOT CARRY LIABILITY INSURANCE, TO REQUIRE A GROUP CHILDCARE HOME OR FAMILY CHILDCARE HOME WHOSE LIABILITY INSURANCE LAPSES OR IS CANCELED AND NOT REPLACED TO OBTAIN A STATEMENT FROM THE PARENT OR GUARDIAN OF A CHILD ENROLLED IN THAT CHILDCARE FACILITY, TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO INFORM EACH GROUP CHILDCARE HOME AND FAMILY CHILDCARE HOME OF THIS REQUIREMENT, AND TO PROVIDE THAT COMPLIANCE WITH THIS SECTION IS A CONDITION OF LICENSURE.

S. 882 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 40-15-175, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF DENTAL INSTRUCTOR LICENSES, SO AS TO PROVIDE THAT SUCH LICENSES ARE RESTRICTED LICENSES; TO FURTHER SPECIFY IN WHAT EDUCATIONAL PROGRAMS SUCH A LICENSEE MAY TEACH; TO PROVIDE FOR IMMEDIATE TERMINATION OF SUCH A LICENSE IF THE LICENSEE CEASES TO BE A FACULTY MEMBER AT ONE OF THE SPECIFIED PROGRAMS; AND ALSO TO PROVIDE THAT THE BOARD OF DENTISTRY MAY REVOKE SUCH A RESTRICTED LICENSE FOR VIOLATIONS OF THE CHAPTER OR REGULATIONS PROMULGATED UNDER THE CHAPTER; AND TO ADD SECTION 40-15-176 SO AS TO PROVIDE FOR THE QUALIFICATIONS AND ISSUANCE OF RESTRICTED PUBLIC HEALTH DENTAL LICENSES FOR OUT-OF-STATE LICENSED DENTISTS WHO WORK IN A GOVERNMENT OR ELEEMOSYNARY ENTITY TO PROVIDE DENTAL CARE TO UNDERSERVED RESIDENTS OF THIS STATE; TO PROVIDE FOR IMMEDIATE TERMINATION OF SUCH A LICENSEE IF THE LICENSEE CEASES TO BE EMPLOYED BY A SPECIFIED PROGRAM; TO REQUIRE SUCH LICENSES TO BE RENEWED ANNUALLY; AND TO PROVIDE THAT THE BOARD OF DENTISTRY MAY REVOKE SUCH A RESTRICTED LICENSE FOR VIOLATIONS OF THIS CHAPTER OR REGULATIONS PROMULGATED UNDER THIS CHAPTER.

S. 913 (Word version) -- Senators Martin and Sheheen: A BILL TO AMEND SECTION 7-13-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ELECTION BALLOTS, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR MUST PROVIDE FOR BALLOTS AS REQUIRED BY LAW AND TO DELETE OBSOLETE LANGUAGE.

S. 914 (Word version) -- Senators Martin and Sheheen: A BILL TO AMEND SECTION 7-13-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF CANDIDATES, SO AS TO CHANGE THE DAY BY WHICH CANDIDATES FOR PRESIDENT AND VICE PRESIDENT MUST BE CERTIFIED.

S. 916 (Word version) -- Senators Martin, Sheheen and Elliott: A BILL TO AMEND SECTION 7-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETING AND ORGANIZATION OF COUNTY BOARDS OF CANVASSERS, SO AS TO PROVIDE THAT THE BOARD MEET AND ORGANIZE BY NO LATER THAN THE FRIDAY FOLLOWING THE ELECTION INSTEAD OF ON THE FRIDAY FOLLOWING THE ELECTION TO PROVIDE FOR FLEXIBILITY IN COMPLYING WITH THE REQUIREMENT.

S. 918 (Word version) -- Senator Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-190 SO AS TO AUTHORIZE CENTRAL FILL PHARMACIES TO BE ESTABLISHED IN THIS STATE FOR THE PURPOSE OF FILLING PRESCRIPTIONS FOR, AND AT THE REQUEST OF, ANOTHER PHARMACY; TO ESTABLISH CERTAIN OPERATING PROCEDURES AND REQUIREMENTS FOR CENTRAL FILL PHARMACIES, INCLUDING, AMONG OTHER THINGS, OBTAINING A CENTRAL FILL PHARMACY PERMIT AND A CONTROLLED SUBSTANCES REGISTRATION, NOTIFYING PATIENTS OF CENTRAL FILL PROCESSING PROCEDURES, REQUIRING WRITTEN PRESCRIPTION DRUG INFORMATION AND A TOLL-FREE NUMBER, PROVIDING PRESCRIPTION LABELING AND RECORD KEEPING REQUIREMENTS, AND REQUIRING POLICIES AND PROCEDURES MANUALS.

S. 1011 (Word version) -- Senators Jackson, Leatherman, Patterson, Ford, Hutto, Short, Fair, Matthews, Elliott, Setzler, Lourie, Campbell, Williams, Reese, Hayes and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-25 SO AS TO ESTABLISH THE JOINT CITIZENS AND LEGISLATIVE COMMITTEE ON CHILDREN, TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, AND TO DIRECT THE COMMITTEE TO STUDY ISSUES RELATING TO CHILDREN AS IT MAY UNDERTAKE OR AS DIRECTED OR REQUESTED BY THE GENERAL ASSEMBLY.

S. 1106 (Word version) -- Senators McConnell and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27 TO TITLE 7 SO AS TO CODIFY THE PROVISIONS OF LAW THAT CREATED AND COMBINED VARIOUS COUNTY BOARDS OF REGISTRATION AND ELECTION COMMISSIONS INTO A SINGLE ENTITY, TO PROVIDE THAT THOSE COUNTIES THAT DO NOT HAVE COMBINED BOARDS OF REGISTRATION AND ELECTION COMMISSIONS MUST HAVE THEIR SEPARATE BOARDS AND COMMISSIONS APPOINTED PURSUANT TO THE PROVISIONS OF SECTIONS 7-5-10 AND 7-13-70.

S. 1171 (Word version) -- Senators Peeler and Setzler: A BILL TO AMEND SECTION 12-37-900 OF THE 1976 CODE, RELATING TO THE LISTING AND RETURNING OF PERSONAL PROPERTY, TO PROVIDE THAT A MANUFACTURER IS NOT REQUIRED TO LIST OR RETURN PERSONAL PROPERTY FOR AD VALOREM TAX PURPOSES IF THE PROPERTY REMAINS IN THIS STATE BUT HAS NOT BEEN USED IN OPERATIONS FOR THE ENTIRE REPORTING PERIOD OF THE MANUFACTURER.

S. 1221 (Word version) -- Senators Hutto and Massey: A BILL TO AMEND ARTICLE 3, CHAPTER 3, TITLE 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO CIVIL PROCEDURE IN MAGISTRATES COURT, SO AS TO DELETE SECTIONS THAT HAVE BEEN PROVIDED FOR BY THE SOUTH CAROLINA RULES OF MAGISTRATES COURT AND TO RENAME THE ARTICLE TO CONFORM WITH THE REVISIONS.

S. 1056 (Word version) -- Senators McConnell, Ford and Campsen: A BILL TO AMEND SECTION 20-7-8305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF JUVENILE PAROLE, SO AS TO PROVIDE THAT BEFORE A JUVENILE MAY BE CONDITIONALLY RELEASED, THE JUVENILE MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 20-7-8320, RELATING TO CONDITIONAL RELEASE, SO AS TO PROVIDE THAT THE JUVENILE MUST BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-19-110, RELATING TO THE PROCEDURE FOR CONDITIONAL RELEASE OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT BEFORE A YOUTHFUL OFFENDER MAY BE CONDITIONALLY RELEASED, THE YOUTHFUL OFFENDER MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-13-710, RELATING TO THE GUIDELINES, ELIGIBILITY CRITERIA, AND IMPLEMENTATION OF A SUPERVISED FURLOUGH PROGRAM, SO AS TO PROVIDE THAT BEFORE AN INMATE MAY BE RELEASED ON SUPERVISED FURLOUGH, THE INMATE MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-13-720, RELATING TO INMATES WHO MAY BE PLACED WITHIN CERTAIN PROGRAMS, SO AS TO PROVIDE THAT BEFORE AN INMATE MAY BE RELEASED ON SUPERVISED FURLOUGH, THE INMATE MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-13-1330, RELATING TO A COURT INMATE'S AGREEMENT TO TERMS AND CONDITIONS, SO AS TO PROVIDE THAT BEFORE AN INMATE MAY BE RELEASED ON PAROLE, THE INMATE MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-21-410, RELATING TO THE COURT BEING AUTHORIZED TO SUSPEND IMPOSITION OF SENTENCE FOR PROBATION AFTER CONVICTION, SO AS TO PROVIDE THAT BEFORE A DEFENDANT MAY BE PLACED ON PROBATION, THE DEFENDANT MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT BASED ON REASONABLE SUSPICIONS; TO AMEND SECTION 24-21-430, RELATING TO THE CONDITIONS OF PROBATION, SO AS TO PROVIDE THAT THE CONDITIONS IMPOSED MUST INCLUDE THE REQUIREMENT THAT THE PROBATIONER MUST PERMIT SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT BASED ON REASONABLE SUSPICIONS; TO AMEND SECTION 24-21-560, RELATING TO COMMUNITY SUPERVISION PROGRAMS, SO AS TO PROVIDE THAT THE CONDITIONS OF PARTICIPATION MUST INCLUDE THE REQUIREMENT THAT THE OFFENDER MUST PERMIT SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT BASED ON REASONABLE SUSPICIONS; TO AMEND SECTION 24-21-640, RELATING TO THE CIRCUMSTANCES WARRANTING PAROLE, SO AS TO PROVIDE THAT BEFORE AN INMATE MAY BE RELEASED ON PAROLE, THE INMATE MUST AGREE TO SEARCH AND SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; AND TO AMEND SECTION 24-21-645, RELATING TO THE ORDER AUTHORIZING PAROLE, SO AS TO PROVIDE THAT THE CONDITIONS OF PAROLE MUST INCLUDE THE REQUIREMENT THAT THE PAROLEE MUST PERMIT SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE.

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

Senator SHORT proposed the following amendment (JUD1056.010), which was adopted:

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

/   SECTION   1.   This act may be cited as the "South Carolina Reduction of Recidivism Act of 2008". It is the intent of the General Assembly of South Carolina to provide law enforcement officers with the statutory authority to reduce recidivism rates of probationers and parolees, apprehend criminals, and protect potential victims from criminal enterprises.

SECTION   2.   Section 20-7-8305(A)(1) of the 1976 Code is amended to read:

"(A)(1)   The Board of Juvenile Parole shall meet monthly and at other times as may be necessary to review the records and progress of children committed to the custody of the Department of Juvenile Justice for the purpose of deciding the release or revocation of release of these children. The parole board shall make periodic inspections, at least quarterly, of the records of persons committed to the custody of the Department of Juvenile Justice and may issue temporary and final discharges or release these persons conditionally and prescribe conditions for release into aftercare. Before a juvenile is conditionally released, the juvenile must agree in writing to be subject to search or seizure, with or without a search warrant, with or without cause, of the juvenile's person, any vehicle the juvenile owns or drives, and any of the juvenile's possessions by: (1) the juvenile's aftercare counselor; (2) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (3) any other law enforcement officer. The residence of the juvenile shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions, and the juvenile must agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions. A juvenile must not be conditionally released by the parole board if he fails to comply with this provision.

A law enforcement officer conducting a search or seizure without a warrant pursuant to this subitem shall report to the law enforcement agency that employs him all of these searches or seizures, which shall include the name, address, age, gender, and race or ethnicity of the person that is the subject of the search or seizure. The law enforcement agency shall submit this information at the end of each month to the Department of Probation, Parole and Pardon Services for review of abuse. A finding of abuse of the use of searches or seizures without a search warrant shall be reported by the Department of Probation, Parole and Pardon Services to the State Law Enforcement Division for investigation."

SECTION   3.   Section 20-7-8320(A) of the 1976 Code is amended to read:

"(A)   A juvenile who shall have been conditionally released from a correctional facility shall remain under the authority of the parole board until the expiration of the specified term imposed in the juvenile's conditional aftercare release. The specified period of conditional release may expire before but not after the twenty-first birthday of the juvenile. Each juvenile conditionally released is subject to the conditions and restrictions of the release and may at any time on the order of the parole board be returned to the custody of a correctional institution for violation of aftercare rules or conditions of release. The conditions of release must include the requirement that the juvenile parolee must permit the search or seizure, with or without a search warrant, with or without cause of the juvenile parolee's person, any vehicle the juvenile parolee owns or drives, and any of the juvenile parolee's possessions by: (1) his aftercare counselor; (2) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (3) any other law enforcement officer. The residence of the juvenile parolee shall be subject to search or seizure with or without a search warrant, based on reasonable suspicions. A juvenile parolee must agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions.

By enacting this provision, the General Assembly intends to provide law enforcement with a means of reducing recidivism and does not authorize law enforcement officers to conduct searches for the sole purpose of harassment. A law enforcement officer conducting a search or seizure without a warrant pursuant to this subsection shall report to the law enforcement agency that employs him all of these searches or seizures, which shall include the name, address, age, gender, and race or ethnicity of the person that is the subject of the search or seizure. The law enforcement agency shall submit this information at the end of each month to the Department of Probation, Parole and Pardon Services for review of abuse. A finding of abuse of the use of searches or seizures without a search warrant shall be reported by the Department of Probation, Parole and Pardon Services to the State Law Enforcement Division for investigation."

SECTION   4.   Section 24-19-110 of the 1976 Code is amended to read:

"Section 24-19-110.   The division may at any time after reasonable notice to the director release conditionally under supervision a committed youthful offender.   Before a youthful offender may be conditionally released, the youthful offender must agree in writing to be subject to search or seizure, with or without a search warrant, with or without cause of the youthful offender's person, any vehicle the youthful offender owns or drives, and any of the youthful offender's possessions by: (1) his supervisory agent; (2) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (3) any other law enforcement officer. The residence of the youthful offender shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions, and the youthful offender must agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions. A youthful offender must not be conditionally released by the division if he fails to comply with this provision. When, in the judgment of the director, a committed youthful offender should be released conditionally under supervision, he shall so report and recommend to the division. The conditions of release must include the requirement that the youthful offender must permit the search or seizure, with or without a search warrant, with or without cause, of the youthful offender's person, any vehicle the youthful offender owns or drives, and any of the youthful offender's possessions by: (1) his supervisory agent; (2) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (3) any other law enforcement officer. The youthful offender must permit the search or seizure, with or without a search warrant, based on reasonable suspicions, of his residence, and the youthful offender must agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions.

By enacting this provision, the General Assembly intends to provide law enforcement with a means of reducing recidivism and does not authorize law enforcement officers to conduct searches for the sole purpose of harassment. A law enforcement officer conducting a search or seizure without a warrant pursuant to this section shall report to the law enforcement agency that employs him all of these searches or seizures, which shall include the name, address, age, gender, and race or ethnicity of the person that is the subject of the search or seizure. The law enforcement agency shall submit this information at the end of each month to the Department of Probation, Parole and Pardon Services for review of abuse. A finding of abuse of the use of searches or seizures without a search warrant shall be reported by the Department of Probation, Parole and Pardon Services to the State Law Enforcement Division for investigation.

The division may regularly assess a reasonable fee to be paid by the youthful offender who is on conditional release to offset the cost of his supervision.

The division may discharge a committed youthful offender unconditionally at the expiration of one year from the date of conditional release."

SECTION   5.   Section 24-13-710 of the 1976 Code is amended to read:

"Section 24-13-710.   The Department of Corrections and the Department of Probation, Parole, and Pardon Services shall jointly develop the policies, procedures, guidelines, and cooperative agreement for the implementation of a supervised furlough program which permits carefully screened and selected inmates who have served the mandatory minimum sentence as required by law or have not committed a violent crime as defined in Section 16-1-60, a 'no parole offense' as defined in Section 24-13-100, the crime of criminal sexual conduct in the third degree as defined in Section 16-3-654, or the crime of committing or attempting a lewd act upon a child under the age of fourteen as defined in Section 16-15-140 to be released on furlough prior to parole eligibility and under the supervision of state probation and parole agents with the privilege of residing in an approved residence and continuing treatment, training, or employment in the community until parole eligibility or expiration of sentence, whichever is earlier.

Before an inmate may be released on supervised furlough, the inmate must agree in writing to be subject to search or seizure, with or without a search warrant, with or without cause of the inmate's person, any vehicle the inmate owns or drives, and any of the inmate's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer. The residence of the inmate shall be subject to search or seizure with or without a search warrant, based on reasonable suspicions, and the inmate must agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions. An inmate must not be granted supervised furlough if he fails to comply with this provision.

The department and the Department of Probation, Parole, and Pardon Services shall assess a fee sufficient to cover the cost of the participant's supervision and any other financial obligations incurred because of his participation in the supervised furlough program as provided by this article. The two departments shall jointly develop and approve written guidelines for the program to include, but not be limited to, the selection criteria and process, requirements for supervision, conditions for participation, and removal.

The conditions for participation must include the requirement that the offender must permit the search or seizure, with or without a search warrant, with or without cause, of the offender's person, any vehicle the offender owns or drives, and any of the offender's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer. The residence of the offender shall be subject to search or seizure with or without a search warrant, based on reasonable suspicions, and the offender must agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions.

By enacting this provision, the General Assembly intends to provide law enforcement with a means of reducing recidivism and does not authorize law enforcement officers to conduct searches for the sole purpose of harassment. A law enforcement officer conducting a search or seizure without a warrant pursuant to this section shall report to the law enforcement agency that employs him all of these searches or seizures, which shall include the name, address, age, gender, and race or ethnicity of the person that is the subject of the search or seizure. The law enforcement agency shall submit this information at the end of each month to the Department of Probation, Parole and Pardon Services for review of abuse. A finding of abuse of the use of searches or seizures without a search warrant shall be reported by the Department of Probation, Parole and Pardon Services to the State Law Enforcement Division for investigation.

The cooperative agreement between the two departments shall specify the responsibilities and authority for implementing and operating the program. Inmates approved and placed on the program must be under the supervision of agents of the Department of Probation, Parole, and Pardon Services who are responsible for ensuring the inmate's compliance with the rules, regulations, and conditions of the program as well as monitoring the inmate's employment and participation in any of the prescribed and authorized community-based correctional programs such as vocational rehabilitation, technical education, and alcohol/drug treatment. Eligibility criteria for the program include, but are not limited to, all of the following requirements:

(1)   maintain a clear disciplinary record for at least six months prior to consideration for placement on the program;

(2)   demonstrate to Department of Corrections' officials a general desire to become a law-abiding member of society;

(3)   satisfy any other reasonable requirements imposed upon him by the Department of Corrections;

(4)   have an identifiable need for and willingness to participate in authorized community-based programs and rehabilitative services;

(5)   have been committed to the State Department of Corrections with a total sentence of five years or less as the first or second adult commitment for a criminal offense for which the inmate received a sentence of one year or more. The Department of Corrections shall notify victims pursuant to Article 15, Chapter 3, Title 16 as well as the sheriff's office of the place to be released before releasing inmates through any supervised furlough program. These requirements do not apply to the crimes referred to in this section."

SECTION   6.   Section 24-13-720 of the 1976 Code is amended to read:

"Section 24-13-720.   Unless sentenced to life imprisonment, an inmate under the jurisdiction or control of the Department of Corrections who has not been convicted of a violent crime under the provisions of Section 16-1-60 or a 'no parole offense' as defined in Section 24-13-100 may, within six months of the expiration of his sentence, be placed with the program provided for in Section 24-13-710 and is subject to every rule, regulation, and condition of the program. Before an inmate may be released on supervised furlough, the inmate must agree in writing to be subject to search or seizure, with or without a search warrant, with or without cause, of the inmate's person, any vehicle the inmate owns or drives, and any of the inmate's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer. The residence of the inmate shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions, and the inmate must agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions. An inmate must not be granted supervised furlough if he fails to comply with this provision.

The conditions for participation must include the requirement that the offender must permit the search or seizure, with or without a search warrant, with or without cause, of the inmate's person, any vehicle the inmate owns or drives, and any of the inmate's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer. An inmate must also agree that his residence shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions, and he must agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions.

By enacting this provision, the General Assembly intends to provide law enforcement with a means of reducing recidivism and does not authorize law enforcement officers to conduct searches for the sole purpose of harassment. A law enforcement officer conducting a search or seizure without a warrant pursuant to this section shall report to the law enforcement agency that employs him all of these searches or seizures, which shall include the name, address, age, gender, and race or ethnicity of the person that is the subject of the search or seizure. The law enforcement agency shall submit this information at the end of each month to the Department of Probation, Parole and Pardon Services for review of abuse. A finding of abuse of the use of searches or seizures without a search warrant shall be reported by the Department of Probation, Parole and Pardon Services to the State Law Enforcement Division for investigation.

No inmate otherwise eligible under the provisions of this section for placement with the program may be so placed unless he has qualified under the selection criteria and process authorized by the provisions of Section 24-13-710. He must also have maintained a clear disciplinary record for at least six months prior to eligibility for placement with the program."

SECTION   7.   Subsections (D) and (E) of Section 24-13-1330 of the 1976 Code are amended to read:

"(D)   An applicant may not participate in a program unless he agrees to be bound by all of its terms and conditions and indicates this agreement by signing the following:

'I accept the foregoing program and agree to be bound by its terms and conditions. I understand that my participation in the program is a privilege that may be revoked at the sole discretion of the director. I understand that I shall complete the entire program successfully to obtain a certificate of earned eligibility upon the completion of the program, and if I do not complete the program successfully, for any reason, I will be transferred to a nonshock incarceration correctional facility to continue service of my sentence.'

Before an inmate may be released on parole, the inmate must agree in writing to be subject to search or seizure, with or without a search warrant, with or without cause, of the inmate's person, any vehicle the inmate owns or drives, and any of the inmate's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer. The residence of a shock incarceration inmate shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions, and he must also agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions. A shock incarceration inmate must not be granted parole release by the department if he fails to comply with this provision.

A law enforcement officer conducting a search or seizure without a warrant pursuant to this section shall report to the law enforcement agency that employs him all of these searches or seizures, which shall include the name, address, age, gender, and race or ethnicity of the person that is the subject of the search or seizure. The law enforcement agency shall submit this information at the end of each month to the Department of Probation, Parole and Pardon Services for review of abuse. A finding of abuse of the use of searches or seizures without a search warrant shall be reported by the Department of Probation, Parole and Pardon Services to the State Law Enforcement Division for investigation.

(E)   An inmate who has completed a shock incarceration program successfully is eligible to receive a certificate of earned eligibility and must be granted parole release if the inmate has executed the agreements described in subsection (D) of this section. The conditions of parole must include the requirement that the parolee must permit the search or seizure, with or without a search warrant, with or without cause, of the parolee's person, any vehicle the parolee owns or drives, and any of the parolee's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer. The residence of the parolee shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions, and he must also agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions.

By enacting this provision, the General Assembly intends to provide law enforcement with a means of reducing recidivism and does not authorize law enforcement officers to conduct searches for the sole purpose of harassment. A law enforcement officer conducting a search or seizure without a warrant pursuant to this section shall report to the law enforcement agency that employs him all of these searches or seizures, which shall include the name, address, age, gender, and race or ethnicity of the person that is the subject of the search or seizure. The law enforcement agency shall submit this information at the end of each month to the Department of Probation, Parole and Pardon Services for review of abuse. A finding of abuse of the use of searches or seizures without a search warrant shall be reported by the Department of Probation, Parole and Pardon Services to the State Law Enforcement Division for investigation."

SECTION   8.   Section 24-21-410 of the 1976 Code is amended to read:

"Section 24-21-410.   After conviction or plea for any offense, except a crime punishable by death or life imprisonment, the judge of a court of record with criminal jurisdiction at the time of sentence may suspend the imposition or the execution of a sentence and place the defendant on probation or may impose a fine and also place the defendant on probation. Probation is a form of clemency. Before a defendant may be placed on probation, he must agree in writing to be subject to a search or seizure, with or without a search warrant, based on reasonable suspicions of the defendant's person, any vehicle the defendant owns or drives, and any of the defendant's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer. The residence of the defendant shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions, and he must also agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions. A defendant must not be placed on probation by the court if he fails to comply with this provision and instead shall be required to serve the suspended portion of the defendant's sentence.

A law enforcement officer conducting a search or seizure without a warrant pursuant to this section shall report to the law enforcement agency that employs him all of these searches or seizures, which shall include the name, address, age, gender, and race or ethnicity of the person that is the subject of the search or seizure. The law enforcement agency shall submit this information at the end of each month to the Department of Probation, Parole and Pardon Services for review of abuse. A finding of abuse of the use of searches or seizures without a search warrant shall be reported by the Department of Probation, Parole and Pardon Services to the State Law Enforcement Division for investigation."

SECTION   9.   The first unnumbered paragraph of Section 24-21-430 of the 1976 Code is amended to read:

"Section 24-21-430.   The court may impose by order duly entered and may at any time modify the conditions of probation and may include among them any of the following or any other condition not prohibited in this section; however, the conditions imposed must include the requirement that the probationer must permit the search or seizure, with or without a search warrant, based on reasonable suspicions of the probationer's person, any vehicle the probationer owns or drives, and any of the probationer's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer. The residence of the probationer shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions, and the probationer must also agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions.

By enacting this provision, the General Assembly intends to provide law enforcement with a means of reducing recidivism and does not authorize law enforcement officers to conduct searches for the sole purpose of harassment. A law enforcement officer conducting a search or seizure without a warrant pursuant to this section shall report to the law enforcement agency that employs him all of these searches or seizures, which shall include the name, address, age, gender, and race or ethnicity of the person that is the subject of the search or seizure. The law enforcement agency shall submit this information at the end of each month to the Department of Probation, Parole and Pardon Services for review of abuse. A finding of abuse of the use of searches or seizures without a search warrant shall be reported by the Department of Probation, Parole and Pardon Services to the State Law Enforcement Division for investigation.

To effectively supervise probationers, the director shall develop policies and procedures for imposing conditions of supervision on probationers. These conditions may enhance but must not diminish court imposed conditions."

SECTION   10.   Section 24-21-560(B) of the 1976 Code is amended to read:

"(B)   A community supervision program operated by the Department of Probation, Parole, and Pardon Services must last no more than two continuous years. The period of time a prisoner is required to participate in a community supervision program and the individual terms and conditions of a prisoner's participation shall be at the discretion of the department based upon guidelines developed by the director; however, the conditions of participation must include the requirement that the offender must permit the search or seizure, with or without a search warrant, with or without cause, of the offender's person, any vehicle the offender owns or drives, and any of the offender's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer. The residence of the offender shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions, and the offender must also agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions.

By enacting this provision, the General Assembly intends to provide law enforcement with a means of reducing recidivism and does not authorize law enforcement officers to conduct searches for the sole purpose of harassment. A law enforcement officer conducting a search or seizure without a warrant pursuant to this subsection shall report to the law enforcement agency that employs him all of these searches or seizures, which shall include the name, address, age, gender, and race or ethnicity of the person that is the subject of the search or seizure. The law enforcement agency shall submit this information at the end of each month to the Department of Probation, Parole and Pardon Services for review of abuse. A finding of abuse of the use of searches or seizures without a search warrant shall be reported by the Department of Probation, Parole and Pardon Services to the State Law Enforcement Division for investigation.

A prisoner participating in a community supervision program must be supervised by a probation agent of the department. The department must determine when a prisoner completes a community supervision program, violates a term of community supervision, fails to participate in a program satisfactorily, or whether a prisoner should appear before the court for revocation of the community supervision program."

SECTION   11.   Section 24-21-640 of the 1976 Code is amended to read:

"Section 24-21-640.   The board must carefully consider the record of the prisoner before, during, and after imprisonment, and no such prisoner may be paroled until it appears to the satisfaction of the board: that the prisoner has shown a disposition to reform; that, in the future he will probably obey the law and lead a correct life; that by his conduct he has merited a lessening of the rigors of his imprisonment; that the interest of society will not be impaired thereby; and, that suitable employment has been secured for him.

Before an inmate may be released on parole, he must agree in writing to be subject to search or seizure, with or without a search warrant, with or without cause, of the inmate's person, any vehicle the inmate owns or drives, and any of the inmate's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer. The residence of the inmate shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions, and he must also agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions. An inmate must not be granted parole release by the board if he fails to comply with this provision.

A law enforcement officer conducting a search or seizure without a warrant pursuant to this section shall report to the law enforcement agency that employs him all of these searches or seizures, which shall include the name, address, age, gender, and race or ethnicity of the person that is the subject of the search or seizure. The law enforcement agency shall submit this information at the end of each month to the Department of Probation, Parole and Pardon Services for review of abuse. A finding of abuse of the use of searches or seizures without a search warrant shall be reported by the Department of Probation, Parole and Pardon Services to the State Law Enforcement Division for investigation.

The board must establish written, specific criteria for the granting of parole and provisional parole. This criteria must reflect all of the aspects of this section and include a review of a prisoner's disciplinary and other records. The criteria must be made available to all prisoners at the time of their incarceration and the general public. The paroled prisoner must, as often as may be required, render a written report to the board giving that information as may be required by the board which must be confirmed by the person in whose employment the prisoner may be at the time. The board must not grant parole nor is parole authorized to any prisoner serving a sentence for a second or subsequent conviction, following a separate sentencing for a prior conviction, for violent crimes as defined in Section 16-1-60. Provided that where more than one included offense shall be committed within a one-day period or pursuant to one continuous course of conduct, such multiple offenses must be treated for purposes of this section as one offense.

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

SECTION   12.   Section 24-21-645 of the 1976 Code is amended to read:

"Section 24-21-645.   The board may issue an order authorizing the parole which must be signed either by a majority of its members or by all three members meeting as a parole panel on the case ninety days prior to the effective date of the parole; however, at least two-thirds of the members of the board must authorize and sign orders authorizing parole for persons convicted of a violent crime as defined in Section 16-1-60. A provisional parole order shall include the terms and conditions, if any, to be met by the prisoner during the provisional period and terms and conditions, if any, to be met upon parole.

The conditions of parole must include the requirement that the parolee must permit the search or seizure, with or without a search warrant, with or without cause, of the parolee's person, any vehicle the parolee owns or drives, and any of the parolee's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer. The residence of the parolee shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions, and he must also agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions.

By enacting this provision, the General Assembly intends to provide law enforcement with a means of reducing recidivism and does not authorize law enforcement officers to conduct searches for the sole purpose of harassment. A law enforcement officer conducting a search or seizure without a warrant pursuant to this section shall report to the law enforcement agency that employs him all of these searches or seizures, which shall include the name, address, age, gender, and race or ethnicity of the person that is the subject of the search or seizure. The law enforcement agency shall submit this information at the end of each month to the Department of Probation, Parole and Pardon Services for review of abuse. A finding of abuse of the use of searches or seizures without a search warrant shall be reported by the Department of Probation, Parole and Pardon Services to the State Law Enforcement Division for investigation.

Upon satisfactory completion of the provisional period, the director or one lawfully acting for him must issue an order which, if accepted by the prisoner, shall provide for his release from custody. However, upon a negative determination of parole, prisoners in confinement for a violent crime as defined in Section 16-1-60 must have their cases reviewed every two years for the purpose of a determination of parole, except that prisoners who are eligible for parole pursuant to Section 16-25-90, and who are subsequently denied parole must have their cases reviewed every twelve months for the purpose of a determination of parole. This section applies retroactively to a prisoner who has had a parole hearing pursuant to Section 16-25-90 prior to the effective date of this act."

SECTION   13.   The repeal or amendment by the provisions of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION   14.   If any section, subsection, item, subitem, 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, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   15.   This act takes effect upon approval by the Governor.     /

Renumber sections to conform

Amend title to conform.

Senator SHORT 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. 11 (Word version) -- Senators Hayes, Vaughn, Richardson, Mescher and Fair: A BILL TO AMEND SECTION 8-13-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF THE STATEMENT OF ECONOMIC INTERESTS, TO CLARIFY THAT A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS REQUIRED TO REPORT THE SOURCE OF ANY GIFTS, INCLUDING TRANSPORTATION, LODGING, FOOD, ENTERTAINMENT, OR ANYTHING OF VALUE WORTH TWENTY-FIVE DOLLARS OR MORE IN A DAY OR WORTH TWO HUNDRED DOLLARS OR MORE IN THE AGGREGATE IN A CALENDAR YEAR; AND TO AMEND SECTION 8-13-1302, RELATING TO A CANDIDATE'S MAINTENANCE OF RECORDS OF CONTRIBUTIONS, CONTRIBUTORS, AND EXPENDITURES, TO DELETE THE REQUIREMENT THAT THE CANDIDATE MUST MAINTAIN AND PRESERVE AN ACCOUNT OF THE OCCUPATION OF EACH PERSON MAKING A CONTRIBUTION.

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

S. 911 (Word version) -- Senators Martin and Sheheen: A BILL TO AMEND SECTION 7-17-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE BOARD OF STATE CANVASSERS, SO AS TO PROVIDE THAT A MEETING MAY BE CONVENED BY TELEPHONE OR ELECTRONIC COMMUNICATION INSTEAD OF IN PERSON AT THE OFFICE OF THE STATE ELECTION COMMISSION; AND TO AMEND SECTION 7-17-510, RELATING TO THE CONVENING OF THE COUNTY COMMISSIONERS OF ELECTION AS COUNTY BOARDS OF CANVASSERS, SO AS TO PROVIDE THAT ANY REQUIRED MEETINGS MAY BE CONVENED BY TELEPHONE OR ELECTRONIC COMMUNICATION.

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

S. 252 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-155 SO AS TO PROVIDE THAT FOR PURPOSES OF PROVISIONS OF LAW REQUIRING THE CESSATION OF ALIMONY AND SPOUSAL SUPPORT UPON THE REMARRIAGE OF THE SUPPORTED SPOUSE, A REMARRIAGE OF THE SUPPORTED SPOUSE WHICH IS LATER ANNULLED BY A COURT OF COMPETENT JURISDICTION EITHER BEFORE OR AFTER A NINETY-DAY PERIOD OF CONTINUED COHABITATION SHALL CAUSE THE CESSATION OF ALIMONY OR SPOUSAL SUPPORT; TO PROVIDE THAT PARTIES MAY ENTER INTO A CONSENT ORDER FOR CONTINUED SUPPORT CONTRARY TO THIS SECTION; AND TO FURTHER PROVIDE THAT A PERSON MAY PETITION FOR RELIEF FROM AN ORDER TO PAY ALIMONY OR SPOUSAL SUPPORT IF THE ORDER REINSTATED ALIMONY OR SPOUSAL SUPPORT TO A FORMER SPOUSE WHOSE REMARRIAGE WAS LATER ANNULLED.

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

The Committee on Judiciary proposed the following amendment (JUD0252.002), which was adopted:

Amend the bill, as and if amended, page 1, by striking lines 18 through 20 and inserting therein the following:

/   COURT OF COMPETENT JURISDICTION SHALL CAUSE THE CESSATION OF   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

On motion of Senator RITCHIE, with unanimous consent, the Bill was carried over, as amended.

S. 1085 (Word version) -- Senators McConnell and Hayes: A BILL TO AMEND CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, TO PLACE LEGISLATIVE STAFF UNDER THE JURISDICTION OF THE LEGISLATIVE ETHICS COMMITTEES.

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

The Committee on Judiciary proposed the following amendment (JUD1085.003), which was adopted:

Amend the bill, as and if amended, page 1, by striking SECTION 1 and SECTION 2 and inserting:

/   SECTION   1.   Section 8-13-100(2) of the 1976 Code is amended to read:

"(2)   'Appropriate supervisory office' means:

(a)   the State Ethics Commission for all persons required to file reports under this chapter except for those members of or candidates for the office of State Senator or State Representative;

(b)   the Senate Ethics Committee for members or staff, including staff elected to serve as officers, of or candidates for the office of State Senator; and

(c)   the House of Representatives Ethics Committee for members or staff, including staff elected to serve as officers, of or candidates for the office of State Representative."

SECTION   2.   The first paragraph of Section 8-13-320(9) of the 1976 Code is amended to read:

"(9)   to initiate or receive complaints and make investigations, as provided in item (10), of statements filed or allegedly failed to be filed under the provisions of this chapter and Chapter 17 of Title 2 and, upon complaint by an individual, of an alleged violation of this chapter or Chapter 17 of Title 2 by a public official, public member, or public employee except members or staff, including staff elected to serve as officers, of or candidates for the General Assembly unless otherwise provided for under House or Senate rules. Any person charged with a violation of this chapter or Chapter 17 of Title 2 is entitled to the administrative hearing process contained in this section."

Amend the bill further, as and if amended, page 3, after line 25, by adding an appropriately numbered SECTION to read:

/   SECTION   ____.   Section 8-13-1300(1) of the 1976 Code is amended to read:

"(1)   'Appropriate supervisory office' means:

(a)   the State Ethics Commission for all candidates for public office in this State except for members or staff, including staff elected to serve as officers, of or candidates for the office of State Senator or State Representative;

(b)   the Senate Ethics Committee for members or staff, including staff elected to serve as officers, of or candidates for the office of State Senator, and the House of Representatives Ethics Committee for members or staff, including staff elected to serve as officers, of or candidates for the office of State Representative;

(c)   the State Ethics Commission for all committees, except legislative caucus committees, supporting or opposing a ballot measure or supporting or opposing a candidate;

(d)   the Senate Ethics Committee for all legislative caucus committees and legislative special interest caucuses affiliated with the Senate, the House of Representatives Ethics Committee for all legislative caucus committees and legislative special interest caucuses affiliated with the House of Representatives, and both ethics committees for all legislative caucus committees and legislative special interest caucuses affiliated with both houses."   /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

On motion of Senator RITCHIE, with unanimous consent, the Bill was carried over, as amended.

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

Senator McCONNELL moved that when the Senate adjourns on Wednesday, April 2, 2005, it stand adjourned to meet on Thursday, April 3, 2008, at the time and subject to the limitations set forth in Rule 1B;

when the Senate adjourns on Thursday, April 3, 2008, it stand adjourned to meet on Friday, April 4, 2008, at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up;

when the Senate adjourns on Friday, April 4, 2008, it stand adjourned to meet on Tuesday, April 8, 2008, at 12:00 Noon.

On motion of Senator McCONNELL, with unanimous consent, the motion was carried over.

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

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

S. 144 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Vaughn, Campsen, Richardson, McGill, Elliott, Fair and Williams: A JOINT RESOLUTION TO CREATE A SENTENCING GUIDELINES COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION FOR SENTENCING GUIDELINES, THE PAROLE SYSTEM, AND ALTERNATIVE SENTENCING PROCEDURES FOR NON-VIOLENT OFFENDERS, AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.
The House returned the Resolution with amendments.

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

Senators MALLOY and McCONNELL proposed the following amendment (JUD0144.003), which was adopted:

Amend the resolution, as and if amended, page 1, lines 32-41, by striking SECTION 1 (A) in its entirety and inserting the following:

/   SECTION   1.   (A)   There is established the South Carolina Sentencing Reform Commission composed of nine members as follows:

(1)   three members to be appointed by the Chairman of the Senate Judiciary Committee;

(2)   three members to be appointed by the Chairman of the House of Representatives Judiciary Committee; and

(3)   three members of the judiciary to be appointed by the Chief Justice of the South Carolina Supreme Court.     /

Renumber sections to conform.

Amend title to conform.

Senator MALLOY explained the amendment.

The amendment was adopted.

There being no further amendments, the Resolution was ordered returned to the House with amendments.

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

S. 1070 (Word version) -- Senators Peeler, Ryberg, Knotts, Hawkins and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 10 SO AS TO REQUIRE DRUG TESTING FOR A CANDIDATE FOR A POPULARLY-ELECTED OFFICE.

The Senate proceeded to a consideration of the Resolution, the question being the adoption of Amendment P-2 (JUD1070.010) proposed by Senator HUTTO and printed in the Journal of Wednesday, March 26, 2008.

With Senator HUTTO retaining the floor, Senator MARTIN moved, with unanimous consent, that the Resolution be carried over.

The Resolution was carried over.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

S. 490 (Word version) -- Senators McConnell, Martin, Peeler, Leventis, Ryberg, Knotts, Ford, Campsen and Vaughn: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCE OF ATTORNEY'S FEES IN STATE-INITIATED ACTIONS, SO AS TO LIMIT THE FEE TO A REASONABLE HOURLY RATE.

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

On motion of Senator MARTIN, with unanimous consent, the Bill was read the third time, passed and ordered sent to the House of Representatives.

On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Alvin York "A.Y." Brown of Pickens County retired agent of the S. C. Law Enforcement Division after service of thirty-three years in law enforcement.

At 12:26 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 2:00 P.M.

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