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" (8) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, "complex criminal litigation" means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than two hundred fifty one hundred thousand dollars for a particular case in direct support of operating the Court of General Sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a "first received, first paid" basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the General Fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year."

B. This section takes effect upon approval of the Governor./

Amend sections, totals and title to conform.

Senator SHORT explained the amendment.

Senator SHORT moved that the amendment be adopted.

The amendment was adopted.

Senators FAIR and HOLLAND proposed the following Amendment No. 42 (PFM\9325AC.96).

Senator LAND raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT took the Point of Order under advisement.

Amendment No. 42 was later withdrawn.

Senator ALEXANDER proposed the following Amendment No. 63 (JIC\5928HTC.96), which was adopted:

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

TO AMEND SECTION 1-11-720, AS AMENDED, OF THE 1976 CODE, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO ALLOW PARTICIPATION BY A RESIDENTIAL GROUP CARE FACILITY PROVIDING ON-SITE TEACHING TO RESIDENTS IF THE STAFF ARE CURRENTLY ENROLLED IN THE SOUTH CAROLINA RETIREMENT SYSTEM AND IF IT PROVIDES AT NO COST EDUCATIONAL FACILITIES ON ITS GROUNDS TO THE SCHOOL DISTRICT IN WHICH IT IS LOCATED.

Section 1-11-720(A) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"(A) In addition to the employees and retirees and their eligible dependents covered under the state health and dental insurance plans pursuant to Section 1-11-710, employees and retirees and their eligible dependents of the following entities are eligible for coverage under the state health and dental insurance plans pursuant to the requirements of subsection (B):

(1) counties;

(2) regional tourism promotion commissions funded by the Department of Parks, Recreation and Tourism;

(3) county mental retardation boards funded by the State Mental Retardation Department;

(4) regional councils of government established pursuant to Article 1, Chapter 7 of Title 6;

(5) regional transportation authorities established pursuant to Chapter 25 of Title 58;

(6) alcohol and drug abuse planning agencies designated pursuant to Section 61-5-320;

(7) special purpose districts created by act of the General Assembly that provide gas, water, sewer, recreation, or hospital service, or any combination of these services;

(8) municipalities.;

(9) county councils on aging or other governmental agencies providing aging services funded by the Office of the Governor, Division on Aging.;

(11) a residential group care facility providing on-site teaching for residents if the facility's staff are currently members of the South Carolina Retirement System established pursuant to Chapter 1, Title 9 and if it provides at no cost educational facilities on its grounds to the school district in which it is located."/

Renumber section, amend title, totals to conform.

Senator ALEXANDER explained the amendment.

Senator J. VERNE SMITH spoke on the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

The amendment was adopted.

Senator MOORE proposed the following Amendment No. 64 (DKA\3719CM.96), which was adopted:

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

TO AMEND SECTION 56-3-640, AS AMENDED, OF THE 1976 CODE, RELATING TO FEES FOR COMMON CARRIER PASSENGER VEHICLES, SO AS TO REVISE CERTAIN FEES.

A. Section 56-3-640(A) of the 1976 Code, as last amended by Section 221, Part II, Act 164 of 1993, is further amended to read:

"(A) For every common carrier passenger vehicle the biennial registration and license fee is according to weight:

(1) not over 2000 pounds: $18.00;

(2) 2001 to 2500 pounds: $24.00;

(3) 2501 to 3000 pounds: $30.00;

(4) 3001 to 3500 pounds: $36.00;

(5) 3501 to 4000 pounds: $42.00;

(6) 4001 to 4500 pounds: $48.00;

(7) 4501 to 5000 6000 pounds: $54.00;

(8) over 5000 6000 pounds: $54.00 plus $6.00 for each 500 pounds'

weight or fraction over 5000 6000 pounds. "

B. This section takes effect July 1, 1996./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

Senator THOMAS proposed the following Amendment No. 66 (4600R003.DLT):

Amend the bill, as and if amended, Part II, page 662, by adding after line 34 an appropriately numbered new section to read as follows:

/

TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS AND PRISONERS, BY ADDING CHAPTER 27 SO AS TO REQUIRE SPECIFIED PAYMENTS OF FILING FEES AND COURT COSTS REGARDING INMATE LITIGATION, TO PROVIDE FOR THE LOSS OF EARNED WORK, EDUCATION, AND GOOD-TIME CREDITS BY A PRISONER IF THE COURT FINDS HE ENGAGED IN CERTAIN IMPROPER ACTIONS REGARDING LEGAL OR ADMINISTRATIVE PROCEEDINGS, AND TO PREVENT A PRISONER FROM BRINGING CERTAIN CIVIL ACTIONS OR APPEALS IF HE HAS BEEN FOUND ON THREE OR MORE PRIOR OCCASIONS OF HAVING INSTITUTED FRIVOLOUS LITIGATION.

A. Title 24 of the 1976 Code is amended by adding:

Section 24-27-100. Unless another provision of law permits the filing of civil actions without the payment of filing fees by indigent persons, if a prisoner brings a civil action or proceeding, the court, upon the filing of the action, shall order the prisoner to pay as a partial payment of any filing fees required by law a first-time payment of twenty percent of the preceding six month's income from the prisoner's trust account administered by the Department of Corrections and thereafter monthly payments of ten percent of the preceding month's income for this account. The department shall withdraw monies maintained in this account for payment of the filing fees and shall forward the monies collected at such times as the monies exceed ten dollars to the appropriate court clerk or clerks, until the filing fees are paid in full.

Section 24-27-110. Unless another provision of law permits the filing of civil actions without the payment of court costs by indigent persons, if a prisoner brings a civil action, the prisoner is responsible for the full payment of the court costs. For this purpose, the court shall order the prisoner to pay a partial first-time payment of twenty percent of the preceding six month's average monthly income from the prisoner's trust account administered by the Department of Corrections and thereafter monthly payments of ten percent of the preceding month's income of this account. The department shall withdraw the monies maintained in the prisoner's trust account for payment of court costs and shall forward quarterly the monies collected to the appropriate court clerk or clerks until the court costs are paid in full.

Section 24-27-120. Nothing in this chapter prevents a prisoner from authorizing payments beyond those required herein.

Section 24-27-130. The court may dismiss any civil action without prejudice brought by a prisoner who has previously failed to pay filing fees and court costs imposed under this chapter.

Section 24-27-140. For purposes of this chapter, a prisoner is defined as a person who has been convicted of a crime and is incarcerated for that crime or is being held in custody for trial or sentencing.

Section 24-27-150. If a prisoner does not have a trust account, or if the prisoner's trust account does not contain sufficient funds to make the first-time payments required by this chapter, the civil action may still be filed, but the prisoner shall remain responsible for the full payment of filing fees and court costs. Payments of ten percent of the preceding month's income of the prisoner's trust account, as set forth in this chapter, shall be made from the prisoner's trust account as soon as a trust account is created for the prisoner and funds are available in the account.

Section 24-27-200. A prisoner shall forfeit all or part of his earned work, education, or good-time credits in an amount to be determined by the Department of Corrections upon recommendation of the court if the court finds that the prisoner has done any of the following in a case filed by him in State or Federal Court or in an administrative proceeding:

(1) submitted a malicious or frivolous claim, or one that is intended solely to harass the party filed against;

(2) testifies falsely or otherwise presents false evidence or information to the court;

(4) abuses the discovery process.

The court may make such findings on its own motion, on motion of counsel for the defendant, or on motion of the Attorney General, who is authorized to appear in the proceeding, if he elects, in order to move for the findings in a case in which the State or any public entity or official is a defendant.

Section 24-27-210. If the court does not make such findings in the original action brought by the prisoner, the Attorney General is authorized to initiate a separate proceeding in the court of common pleas for the court to recommend to the Department of Corrections the revocation of work, education, or good-time credits as set forth in Section 24-27-200. The Attorney General is authorized to defray the cost associated with this action from appropriations authorized for the Attorney General's use for the payment of expenses of major state litigation.

Section 24-27-220. Nothing in this chapter shall affect the discretion of the Director of the Department of Corrections in determining whether or not a prisoner's earned work, education, or good-time credits shall be forfeited.

Section 24-27-300. The court may hold an inmate in contempt of court if it finds that the inmate has, on three or more prior occasions, while incarcerated, brought a civil action or appeal in a court of this State that was dismissed prior to a hearing on the merits on the grounds that it was frivolous, malicious, or meritless. However, if the court finds the prisoner was under imminent danger of serious bodily harm at the time of the filing of the present action, the inmate shall not be held in contempt. The court may sentence the inmate to a term of imprisonment not exceeding one year for this contempt to be served consecutive to any terms of imprisonment previously imposed.

Section 24-27-400. This chapter is inapplicable to any case in which the Constitution of the United States or the Constitution of South Carolina requires that an indigent person be allowed access to the courts."

B. If any portion of this section is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such holding shall not affect the constitutionality or validity of the remaining portions of this section. The General Assembly hereby declares that it

C. This section takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the amendment.

Senator HOLLAND spoke on the amendment.

Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator THOMAS spoke on the Point of Order.

Senator BRYAN spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement.

Amendment No. 66 was later withdrawn.

On motion of Senator DRUMMOND, debate was interrupted by adjournment.

On motion of Senator RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Charlie Cook of Myrtle Beach, S.C., a civic leader, man of compassion, activist, friend, a true "Renaissance" individual, fighter pilot, and devoted family man who will be greatly missed.

Senator DRUMMOND moved that, when the Senate adjourns, it stand adjourned to meet tomorrow at 10:30 A.M., which motion was adopted.

At 6:55 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:30 A.M.

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:30 A.M., the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT Senator MARTIN.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear again the prophet Jeremiah, Chapter 2 (v. 11) (NRSV):

"Has a nation changed its gods,

even though they are no gods?

But my people have changed their glory

for something that does not profit.

Be appalled, O heavens, at this,

be shocked, be utterly desolate,

says the Lord."
Let us pray.

O God, our Father, the God of the Holy Scriptures, we know that all our ethics, our moral and spiritual values depend on Who, or what, our God (god) is!

Make us brave to hold where our duty calls us to hold. Help us to yield where the call of the common good beckons us to make self-giving sacrifices.

Help us to see, beyond the kaleidoscope of many shades of colored glass in grand disorder now, the mosaic which is to be the art-form of our cooperative efforts.

And Thine will be the glory!

Amen.

Senator BRYAN moved that a call of the Senate be made. The following Senators answered the call:

Alexander            Bryan                Courtney
Drummond             Fair                 Giese
Gregory              Hayes                Leventis
Martin               Mescher              Passailaigue
Rose                 Saleeby              Setzler
Thomas               Waldrep

A quorum was not present.

At 10:45 A.M., the Senate resumed.

Senators GREG SMITH, RICHTER, BOAN, McCONNELL, ELLIOTT, LANDER, RYBERG, WASHINGTON, WILSON, LAND, RUSSELL, COURSON, McGILL, RANKIN, CORK, PATTERSON, MATTHEWS, JACKSON, HOLLAND, GLOVER, J. VERNE SMITH, PEELER, REESE, LEATHERMAN, FORD, MOORE and SHORT recorded their presence subsequent to the Call of the Senate.

On motion of Senator SETZLER, with unanimous consent, the members of the Education Committee were granted leave to attend a brief committee meeting and to be counted in any quorum calls.

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

April 22, 1996
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, Kershaw County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Ms. Delores D. Leonard, Post Office Box 184, Camden, S.C. 29020 VICE Roosevelt Osborne (resigned)

Received as information.

April 23, 1996
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, Charleston County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable David W. Coker, 4050 Bridgeview Drive, Suite 200, North Charleston, S.C. 29405

Received as information.

April 29, 1996
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

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