| Printed Page 1510, Mar. 9 | Printed Page 1530, Mar. 9 |

(c) evidence satisfactory to the director that a local credit check has been made with favorable results;

(d) evidence satisfactory to the director that the candidate's fingerprint record as received from the Federal Bureau of Investigation and South Carolina Law Enforcement Division indicates no record of felony convictions.

In the director's determination of good character, the director shall give consideration to all law violations, including traffic and conservation law convictions, as indicating a lack of good character. The director shall also give consideration to the candidate's prior history, if any, of alcohol and drug abuse in arriving at a determination of good character;

(6) a copy of the candidate's photograph;

(7) a copy of the candidate's fingerprints;

(8) evidence satisfactory to the director that the candidate's present age is not less than twenty-one years. This evidence must include a birth certificate or another acceptable document;

(9) evidence satisfactory to the director of successful completion of a course of law enforcement training as established and approved by the director, and conducted at an academy or institution approved by the director, this evidence to consist of a certificate granted by the approved institution.

(C) A certificate as a law enforcement officer issued by the department will expire three years from the date of issuance or upon discontinuance of employment by the officer with the employing entity or agency. The certification of any law enforcement officer issued by the department that is current on July 1, 1989, will expire in the year 1992 on the last day of the month during which it was issued, or upon discontinuance of employment with the employing entity or agency. Prior to the expiration of the certificate, the certificate may be renewed upon application presented to the director on a form prescribed by the director. The application for renewal must be received by the director at least forty-five days prior to the expiration of the certificate. If the officer's certificate has lapsed, the department may reissue the certificate after receipt of an application and if the director is satisfied that the officer continues to meet the requirements of subsections (B)(1) through (B)(9).

SECTION 23-6-450. The director of the department of Public Safety is authorized to:

(a) receive and disburse funds, including those hereinafter provided in this article;

(b) accept any donations, contributions, funds, grants, or gifts from private individuals, foundations, agencies, corporations, or the state or federal governments, for the purpose of carrying out the programs and objectives of this chapter;

(c) consult and cooperate with counties, municipalities, agencies, or official bodies of this State or of other states, other governmental agencies, and with universities, colleges, junior colleges, and other institutions, concerning the development of police training schools, programs, or courses of instruction, selection, and training standards, or other pertinent matters relating to law enforcement;

(d) publish or cause to be published manuals, information bulletins, newsletters, and other materials to achieve the objectives of this chapter;

(e) make such regulations as may be necessary for the administration of this chapter, including the issuance of orders directing public law enforcement agencies to comply with this chapter and all regulations so promulgated;

(f) certify and train qualified candidates and applicants for law enforcement officers and provide for suspension, revocation, or restriction of the certification, in accordance with regulations promulgated by the department;

(g) require all public entities or agencies that employ or appoint law enforcement officers to provide records in the format prescribed by regulation of employment information of law enforcement officers;

(h) provide by regulation for mandatory continued training of certified law enforcement officers, this training to be completed within each of the various counties requesting this training on a regional basis.

SECTION 23-6-460. An oral or written report, document, statement, or other communication that is written, made, or delivered concerning the requirements or administration of this chapter or regulations promulgated under it must not be the subject of or basis for an action at law or in equity for slander or libel in any court of the State if the communication is between:

(1) a law enforcement agency, its agents, employees, or representatives; and

SECTION 23-6-470. Every fine levied on a criminal or traffic violation in this State must have sums added to it which must be set apart and used by the department of Public Safety for law enforcement and criminal justice related programs, and every bond for violations must have added the same amounts which must be set apart on forfeiture for the division's department's program of training, as follows:

(a) Fines and forfeitures up to

and including $99.00. . . . .$6.00

(b) Fines or forfeitures

above $99.00 up to and

including $200.00. . . . .$25.00

(c) Fines or forfeitures

above $200.00 up to and

including $500.00. . . . .$50.00

(d) Fines or forfeitures

above $500.00 up to and

including $1,000.00. . . . .$100.00

(e) Fines or forfeitures

above $1,000.00. . . . .$200.00

If a portion of the fine is suspended, the sum added to it as set forth in items (a) through (e) must be based upon the portion of the fine not suspended. In addition to the apportioned amounts set forth in items (a) through (e), twenty-five cents must be added to each fine or forfeiture and be paid over to the department to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. If funds collected exceed the necessary costs and expenses of the Hall of Fame, the department may retain the surplus for professional training, fees, dues, and other related services or programs as the director may deem necessary. The additional portion of fines added by this section must be assessed and collected by the respective courts or law enforcement officers, who are authorized by law to accept bond, and clearly identified as such on the judgment or bond.

Every magistrate, recorder, judge, mayor, clerk of court, or other person who receives monies from fines or bond forfeitures in criminal or traffic cases shall transmit same to the city treasurer of the incorporated city where he performs his official duties, or to the county treasurer of his county in which he performs his official duties, making the transmittal no less frequently than once each month, and doing so on or before the tenth day of the month following the month being reported. The city treasurer

SECTION 23-6-480. (A) Whenever the director finds that any public law enforcement agency is in violation of any provisions of this chapter, the director may issue an order requiring the public law enforcement agency to comply with the provision. The director may bring a civil action for injunctive relief in the appropriate court or may bring a civil enforcement action. Violation of any court order issued pursuant to this section must be considered contempt of the issuing court and punishable as provided by law. The director also may invoke the civil penalties as provided in subsection (B) for violation of the provisions of this chapter, including any order or regulation hereunder. Any public law enforcement agency against which a civil penalty is invoked by the director may appeal the decision to the court of common pleas of the county where the public law enforcement agency is located.

(B) Any public law enforcement agency which fails to comply with this chapter and regulations promulgated pursuant to this chapter or fails to comply with any order issued by the director is liable for a civil penalty not to exceed one thousand five hundred dollars a violation. When the civil penalty authorized by this subsection is imposed upon a sheriff, the sheriff is responsible for payment of this civil penalty.

SECTION 23-6-490. When a municipality employs only one law enforcement officer and that officer is attending law enforcement training at the South Carolina Criminal Justice Academy as required by law, the

SECTION 23-6-495. Whenever, in this chapter, the term `department' is used, it means the Department of Law Enforcement Training and Continuing Education Public Safety and whenever the term "division" is used, it means the Division of Training and Continuing Education of the Department of Public Safety."

C. Section 1-30-90(D) of the 1976 Code, as added by Section 1, Act 181 of 1993, is amended to read:

"(D) Law Enforcement Training Council, formerly provided for at Section 23-23-30, et seq. Reserved;"

D. All employees, equipment, and facilities and appropriations of the Division of Training and Continuing Education of the Department of Public Safety are transferred to the department created by this section.

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

Renumber sections & amend totals/title to conform.

Rep. LANFORD explained the amendment.

Rep. HARRELL raised the Point of Order that Amendment No. 277 was out of order as it was not germane.

Rep. LANFORD argued contra the Point citing Page 374.

Rep. HARRELL stated that the intent of the amendment was to create something as separate cabinet agency.

Rep. LANFORD stated that it already existed.

The SPEAKER stated that the main thrust was not germane and he sustained the Point of Order and ruled the amendment out of order.

Reps. RHOAD and KOON proposed the following Amendment No. 284 (Doc Name L:\council\legis\amend\PFM\7282BDW.95), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

A. The 1976 Code is amended by adding:

"Section 50-11-1767. (A) A fund is established within the State Treasurer's office to be administered by the Department of Natural Resources to promote the trapping of coyotes. Monies deposited in the fund must be included in the amount appropriated for other operating expenses in the 1995-96 General Appropriations Act for the department under Section 47, I.

(B) A committee of the following five members is established to promote the trapping of coyotes and generate contributions to the fund from private sources:

(1) Chairman of the Board of the Department of Natural Resources;

(2) the Secretary Treasurer of the South Carolina Fox Hunters Association;

(3) one member appointed by the chairman of the Senate Fish, Game & Forestry Committee;

(4) one member appointed by the chairman of the House Agriculture, Natural Resources and Environmental Affairs Committee;

(5) one member appointed by the Governor.

(C) The committee shall assess appropriate sportsmen organizations in South Carolina a fee of one hundred dollars annually to be deposited in the State Treasurer's office to the credit of the fund. Of each one hundred dollars deposited, seventy-five dollars must be used to reward trappers for each coyote trapped, and twenty-five dollars must be distributed to the department for its use. The organizations must include, but are not limited to, the South Carolina Fox Hunters Association and the National Wild Turkey Federation headquartered in South Carolina."

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

Renumber sections & amend totals/title to conform.

Rep. RHOAD explained the amendment.

The amendment was then adopted.

A. Section 12-21-2720 of the 1976 Code, as last amended by Act 497 of 1994, is further amended by adding an appropriately lettered subsection at the end to read:

"( ) The license required pursuant to subsection (A)(3) of this section for a video game with a free play feature is granted for a location in a specific county which must be noted on the license and the machine, once licensed, may not be moved out of the county during the license period except for servicing. One thousand dollars of the license fee imposed pursuant to subsection (A) of this section on video games with a free play feature must be remitted to the county in which the machine is licensed. These funds must be used by the county governing body to roll back ad valorem taxes."

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

Renumber sections & amend totals/title to conform.

Rep. WHITE explained the amendment.

Rep. FELDER moved to table the amendment.

Rep. CAVE demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 58 to 16.

Reps. CROMER, COTTY, SHISSIAS, THOMAS, RICHARDSON, J. YOUNG, GAMBLE and STUART proposed the following Amendment No. 288 (Doc Name L:\council\legis\amend\JIC\5595HTC.95), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:

A. Article 1, Chapter 1, Title 9 of the 1976 Code is amended by adding:

"Section 9-1-110(A). Notwithstanding any other provision of this title, no state officer or employee convicted after June 30, 1995, of a felony under the laws of this State or the United States arising out of the performance of official duties is eligible to receive any benefits otherwise due the officer or employee from any of the state retirement systems except as provided in subsection (B). This ineligibility similarly applies to benefits which would otherwise be due the officer's or employee's surviving spouse or other beneficiary.

(B) When payment of benefits is denied under this section, the amounts actually contributed or deposited by the individual, less amounts previously refunded or paid as benefits must be refunded on an appropriate application therefor. The refund may be made to the individual or, if deceased, to the individual's beneficiary as previously designated to the applicable system.

(C) Salary payments to a state officer or employee convicted of a felony arising out of the performance of official duties paid in whole or in part from funds appropriated for personal service in Part IA of the annual general appropriations act must be terminated on the earlier of the officer's or employee's conviction or resignation or other separation.

(D) The provisions of this section apply to:

(1) all state employees first employed after June 30, 1995; and

(2) all state officers elected or appointed for a specific term of office for terms commencing after June 30, 1995."

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

Renumber sections & amend totals/title to conform.

Rep. CROMER explained the amendment.

Rep. ANDERSON raised the Point of Order that Amendment No. 288 was out of order as it was not germane.

Rep. CROMER argued contra the Point.

The SPEAKER stated that it met the test of germaneness and he overruled the Point of Order.

Rep. CROMER continued speaking.

Rep. CROMER continued speaking.

Rep. CROMER spoke in favor of the amendment.

Rep. KEEGAN spoke against the amendment.

Rep. HODGES spoke against the amendment.

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

Rep. BOAN proposed the following Amendment No. 302 (Doc Name L:\council\legis\amend\BBM\10004JM.95), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:

A. From the amount appropriated for Other Operating Expenses on line 37, page 59, the State Election Commission shall conduct a statewide referendum on November 7, 1995, on the question of raising the sales tax in order to provide property tax relief. If the result of the referendum is "yes", then the Department of Revenue shall, from the additional revenues generated, repay the State Election Commission for operating expenses related to the 1996 Primary. If the result of the referendum is "no", the Department of Revenue shall repay the State Election Commission for

"Do you favor raising the statewide sales, use, and casual excise tax rate from five to six percent and crediting the additional revenue to a separate State Property Relief Fund which must be used only for the purpose of property tax relief for owner-occupied residential property in the manner that the General Assembly shall provide by law?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."

B. If a majority of the qualified electors voting in the referendum provided in subsection A of this section vote in favor of raising the sales tax to provide owner-occupied residential property tax relief, it is the intention of the General Assembly to enact a sales tax increase and owner-occupied residential property tax relief bill in the 1996 Session of the General Assembly./

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

Rep. BOAN continued speaking.

Rep. HASKINS raised the Point of Order that Amendment No. 302 was out of order as it was not germane as it did not affect any spending until the 1996 budget year.

Rep. BOAN argued contra the Point in stating that Page 2 of the amendment referred to other operating expenses and the Election Commission and the cost would be about $600,000.00 and it had been referenced.

The SPEAKER stated that the referendum would be in Nov. of 1995.

| Printed Page 1510, Mar. 9 | Printed Page 1530, Mar. 9 |