| Printed Page 1500, Mar. 9 | Printed Page 1520, Mar. 9 |

Rep. HASKINS raised the Point of Order that Amendment No. 249 was out of order as it was not germane.

Rep. KEYSERLING argued contra the Point.

The SPEAKER stated that the substantial effect of the amendment was not directly germane to Part I and he sustained the Point of Order and ruled the Amendment out of order.

The SPEAKER granted Rep. J. BROWN a leave of absence.

Reps. HUFF, COTTY, KEEGAN, KELLEY, HALLMAN, MARTIN, JASKWHICH, SPEARMAN, HARRELL, A. YOUNG, VAUGHN, KLAUBER, HERDKLOTZ, RICE, LIMBAUGH, J. YOUNG, CATO, MASON, R. SMITH, J. HARRIS, FELDER, HASKINS, TOWNSEND, STILLE, JENNINGS, HUTSON, FULMER, TRIPP, KIRSH, TROTTER, SHARPE, SIMRILL, MEACHAM, MARCHBANKS, THOMAS, WALKER and HARRISON proposed the following Amendment No. 250 (Doc Name L:\council\legis\amend\PT\1800DW.95), which was adopted.

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

The 1976 Code is amended by adding:

"Section 2-3-22. No member of the General Assembly may receive in any one calendar year on account of service during the regular session of the General Assembly any amount which exceeds the total amount appropriated for personal service for members of the General Assembly for the applicable fiscal year divided by one hundred seventy."/

Renumber sections & amend totals/title to conform.

Rep. HUFF explained the amendment.

Rep. HOWARD raised the Point of Order that Amendment No. 250 was out of order as it was not germane.

Rep. HUFF argued contra the Point in stating that it related to the appropriation of funds in the House and Senate under payment of general funds.

The SPEAKER stated that it was germane and he overruled the Point of Order.

The amendment was then adopted.

Reps. QUINN, CROMER, WRIGHT and HARRISON proposed the following Amendment No. 253 (Doc Name L:\council\legis\amend\BBM\9991JM.95), which was adopted.

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

A. The appropriation in Part IA of this act of $4,700, under State Election Commission, Section 16, at page 59, line 32 for "Other Operating Expenses" under "Electronic Voting" may be used for the purchase of voting machines which use electronic methods for casting write-in ballots or which do not employ paper and handwriting methods or technology for casting write-in ballots.

"Nothing contained in this section shall be construed to prevent the use of electronic methods of casting write-in ballots or the use of voting machines which do not employ paper and handwriting methods or technology for casting write-in ballots."/

Renumber sections & amend totals/title to conform.

Rep. QUINN explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 257 (Doc Name L:\council\legis\amend\JIC\5584HTC.95), which was ruled out of order.

Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:

Article 1, Chapter 11, Title 11 of the 1976 Code is amended by adding:

"Section 11-11-142. Nonrecurring revenues may not be appropriated for a recurring purpose except upon an affirmative two-thirds vote of the total membership of the House of Representatives and the Senate. A nonrecurring appropriation enacted pursuant to this section must also include a statement identifying the source of the nonrecurring revenue."/

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

Rep. FELDER raised the Point of Order that Amendment No. 257 was out of order as it was not germane.

Rep. KIRSH, citing Rule 5.3, argued contra the Point.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:

A. The 1976 Code is amended by adding:

"Section 8-11-185. (A) If a state agency has a reduction in personnel or positions for any reason including, but not limited to, internal restructuring, the agency must report to the Office of Human Resources, State Budget and Control Board, information on all employees affected by this reduction. The information must include, but is not limited to, the name and social security number of the person, the position held, job classification, grade, years of experience, and the person's EPMS status.

(B) An agency seeking to fill a vacancy or a new position must obtain from the Office of Human Resources the information provided to the office pursuant to subsection (A) and must hire a person from that pool of employees if a person is qualified, as determined by the Office of Human Resources, to fill the position. An agency which does not first seek to fill the position from among the employees provided by the Office of Human Resources or which refuses to hire a person the office determines to be qualified is prohibited from filling the position."

B. This section takes effect July 1, 1995./

Renumber sections & amend totals/title to conform.

Rep. NEAL explained the amendment.

Rep. HASKINS raised the Point of Order that Amendment No. 260 was out of order as it was not germane.

Rep. NEAL argued contra the Point.

Rep. SCOTT stated that in terms of employees it had an expenditure in the budget and it referred back to every aspect.

The SPEAKER stated that it did not refer to a Part I appropriation and he sustained the Point of Order and ruled the amendment out of order.

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

A. Section 12-36-90(2) of the 1976 Code, as last amended by Act 497 of 1994, is further amended by adding an appropriately lettered item at the end to read:

"( ) fees imposed on the sale of motor oil, new tires, lead-acid batteries, and white goods pursuant to Article 1, Chapter 96 of Title 44."

B. This section takes effect July 1, 1995./

Renumber sections & amend totals/title to conform.

Rep. KEYSERLING explained the amendment.

Rep. KOON moved to table the amendment, which was agreed to.

Reps. LANFORD and TUCKER proposed the following Amendment No. 277 (Doc Name L:\council\legis\amend\BBM\10005JM.95), which was ruled out of order.

Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:

A. The funds appropriated in Part IA, page 255, line 38, must be used to fund the Department of Law Enforcement Training and Continuing Education provided for in subsection B of this section.

B. Article 9, Chapter 6, Title 23 of the 1976 Code, as last amended by Act 505 OF 1994, is further amended to read:

(A) There is created a Division the Department of Law Enforcement Training and Continuing Education to operate a training program for law enforcement officers and other persons employed in the criminal justice system in this State and to establish and maintain minimum standards in law enforcement selection and training. The department must be administered by a director appointed by the Governor with the advice and consent of the Senate.

(B) It is the intent of this article to encourage all law enforcement officers, departments, and agencies within this State to adopt standards which are higher than the minimum standards implemented pursuant to this article, and these minimum standards in no way may be considered sufficient or adequate in those cases where higher standards have been adopted or proposed. Nothing herein may be construed to preclude an employing agency from establishing qualifications and standards for hiring or training law enforcement officers which exceed the minimum standards set by the department, nor, unless specifically stated, may anything herein be construed to affect any sheriff, constable, or other law enforcement officer elected under the provisions of the Constitution of this State.

(C) The advisory council may recommend to the director methods to maximize training opportunities for law enforcement officers and criminal justice personnel, to coordinate training, and to set standards for the law enforcement and criminal justice service, all of which are imperative to upgrading law enforcement to professional status.

(D) Whenever used in this article, and for the purposes of this article, unless the context clearly denotes otherwise:

(1) `Law enforcement officer' means an appointed officer or employee hired by and regularly on the payroll of the State or any of its political subdivisions, who is granted statutory authority to enforce all or some of the criminal, traffic, and penal laws of the State and who possesses, with respect to those laws, the power to effect arrests for offenses committed or alleged to have been committed.

SECTION 23-6-410. The division department must establish and maintain a central training facility which must be located near the geographical and population center of the State, and which shall provide facilities and training for all officers from state, county, and local law enforcement agencies and for other designated persons in the criminal justice system; provided, that correctional officers and other personnel employed or appointed by the South Carolina Department of Corrections may be trained by the department. The Deputy director of the Division of Training and Continuing Education is responsible for selection of instructors, course content, maintenance of physical facilities, recordkeeping, supervision of personnel, scheduling of classes, enforcement of minimum standards for certification, and other matters as may be recommended by the advisory council and approved by the Director of the Department of Public Safety.

SECTION 23-6-420. (A) There is created a South Carolina Law Enforcement Training Advisory Council consisting of fourteen members:

(1) the Attorney General of South Carolina;

(2) the Chief of the South Carolina Law Enforcement Division;

(3) the Director of the Department of Public Safety;

(4) the Director of the Department of Natural Resources;

(5) the Director of the Department of Corrections;

(6) the Dean or Chairman of the University of South Carolina School or College of Criminal Justice;

(7) the special agent in charge of the Federal Bureau of Investigation, Columbia Division;

(8) one chief of police from a municipality having a population of less than ten thousand; this person to be appointed by the Governor for a term of four years;

(9) one chief of police from a municipality having a population of more than ten thousand; this person to be appointed by the Governor for a term of four years;

(10) one county sheriff engaged in full-time performance of duties as a law enforcement officer and from a county having a population of less than fifty thousand; this person to be appointed by the Governor for a term of four years;

(11) one county sheriff engaged in full-time performance of duties as a law enforcement officer and from a county having a population of more than fifty thousand; this person to be appointed by the Governor for a term of four years;

(13) one person employed in the administration of any municipality or holding a municipal elective office; this person to be appointed by the Governor for a term of four years;

(14) one person employed in the administration of county government or elected to a county governing body; this person to be appointed by the Governor for a term of four years.

(B)(1) The members provided for in (1) through (7) above are ex officio members with full voting rights.

(2) The members provided for in (8) through (14) above shall serve terms as herein provided. In the event that a vacancy arises it must be filled for the remainder of the term in the manner of the original appointment or designation.

(C) The director of the department of Public Safety shall serve as chairman of the advisory council. The advisory council may elect another one of its members to serve as vice-chairman. The advisory council shall meet at the call of the chairman or at the call of a majority of the members of the advisory council, but no fewer than four times each year. The advisory council shall establish its own procedures with respect to quorum, place, and conduct of meetings.

(D) Members of the advisory council shall serve without compensation.

(E) An advisory council member who terminates his holding of the office or employment which qualified him for appointment shall cease immediately to be a member of the advisory council; the person appointed to fill the vacancy shall do so for the unexpired term of the member whom he succeeds.

SECTION 23-6-430. No law enforcement officer employed or appointed on or after July 1, 1989, by any public law enforcement agency in this State is authorized to enforce the laws or ordinances of this State or any political subdivision thereof unless he has been certified as qualified by the department of Public Safety, except that any public law enforcement agency in this State may appoint or employ as a law enforcement officer, a person who is not certified if, within one year after the date of employment or appointment, the person secures certification from the department; provided, that if any public law enforcement agency employs or appoints as a law enforcement officer a person who is not certified, the person shall not perform any of the duties of a law enforcement officer involving the control or direction of members of the public or exercising the power of arrest until he has successfully

(a) military leave or injury occurring during that first year which would preclude the receiving of training within the usual period of time; or

(b) in the event of the timely filing of application for training, which application, under circumstances of time and physical limitations, cannot be honored by the training academy within the prescribed period; or

(c) upon presentation of documentary evidence that the officer-candidate has successfully completed equivalent training in one of the other states which by law regulate and supervise the quality of police training and which require a minimum basic or recruit course of duration and content at least equivalent to that provided in this article or by standards set by the South Carolina Department of Public Safety; or

(d) if it is determined by documentary evidence that the training will result in undue hardship to the requesting agency, the requesting agency must propose an alternate training schedule for approval.

SECTION 23-6-440. (A) At the request of any public law enforcement agency of this State the department is hereby authorized to issue certificates and other appropriate indicia of compliance and qualification to law enforcement officers or other persons trained under the provisions of this article. Members of the advisory council may individually or

(B) All city and county police departments, sheriffs' offices, state agencies, or other employers of law enforcement officers having such officers as candidates for certification shall submit to the director, for his confidential information and subsequent safekeeping, the following:

(1) an application under oath on a format prescribed by the director;

(2) evidence satisfactory to the director that the candidate has completed high school and received a high school diploma, equivalency certificate (military or other) recognized and accepted by the South Carolina Department of Education or South Carolina special certificate;

(3) evidence satisfactory to the director of the candidate's physical fitness to fulfill the duties of a law enforcement officer including:

(a) a copy of his medical history compiled by a licensed physician or medical examiner approved by the employer;

(b) a certificate of a licensed physician that the candidate has recently undergone a complete medical examination and the results thereof;

(4) evidence satisfactory to the director that the applicant has not been convicted of any criminal offense that carries a sentence of one year or more or of any criminal offense that involves moral turpitude. Forfeiture of bond, a guilty plea, or a plea of nolo contendere is considered the equivalent of a conviction;

(5) evidence satisfactory to the director that the candidate is a person of good character. This evidence must include, but is not limited to:

(a) certification by the candidate's employer that a background investigation has been conducted and the employer is of the opinion that the candidate is of good character;

(b) evidence satisfactory to the director that the candidate holds a valid current South Carolina driver's license with no record during the previous five years for suspension of driver's license as a result of driving under the influence of alcoholic beverages or dangerous drugs, driving while impaired (or the equivalent), reckless homicide, involuntary

| Printed Page 1500, Mar. 9 | Printed Page 1520, Mar. 9 |