South Carolina General Assembly
111th Session, 1995-1996
Journal of the House of Representatives

WEDNESDAY, JANUARY 18, 1995

Wednesday, January 18, 1995
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

O God, our Heavenly Father, we bow in Your holy presence to acknowledge Your sovereign power and to express our need of Your support. Endure with Your wisdom our fallible minds. Give us statures to match the demands of the days in which our lots are cast. Distill upon our restless spirits the dews of patience and tranquility, that in simple trust and deeper reverence we may be found steadfast, always abounding in the work of the Lord, knowing that in Him and for Him and with Him our labors are not in vain. Cleanse our thoughts by Your teachings, feed our minds with Your truths, guide our feet in paths of righteousness.

Hear us, Good Lord, in this our humble prayer. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. WRIGHT moved that when the House adjourns, it adjourn in memory of Paul Phillips of Columbia, which was agreed to.

INVITATIONS

The following were received and referred to the Committee on Invitations and Memorial Resolutions.

January 9, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The South Carolina Association of Christian Schools would like to invite the members of the House to attend our fifteenth annual Legislators' Breakfast. The breakfast will be on Wednesday, February 1, 1995, from 7:45 - 8:45 A.M. at the Holiday Inn City Center just across from the Coliseum. We have appreciated the excellent participation we have received in the past and we look forward to hosting this exciting event again this year.

We would like to ask that this invitation be made part of the official calendar. If approved, individual invitations will be sent out from this office. Our member schools will also be contacting their particular members to let them know of the event.

Thank you for your consideration.

Sincerely in Christ,
Reece Yandle
Executive Director

January 10, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

On Wednesday, February 1, 1995, adult educators from throughout our great State will sponsor a Legislative Reception at the State House, on the first floor lobby, from 10:00 A.M. until 2:00 P.M. All legislators, along with some staff members, will be invited.

Thank you for your continuous cooperation and support. If possible, I am requesting that this event be placed on the House of Representatives Calendar. If I may be of further assistance, please contact me at 929-3827.

Have a nice day.

Sincerely,
E. Jimmy Smith
Director of Adult and Community Education

December 6, 1994
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The National Federation of the Blind of South Carolina invites all members of the House of Representatives to a full dinner meeting to be held Wednesday evening, February 1, 1995, at 6:00 P.M. at the Federation Center of the Blind located at 119 S. Kilbourne Rd., Columbia, S.C. 29205. A similar invitation is being extended to the Senate.

Realizing that you and other members of the General Assembly will be terribly busy, this dinner meeting will last for no more than two hours between 6:00 P.M. and 8:00 P.M. In the past, the National Federation of the Blind of South Carolina has had the privilege of hosting the General Assembly at the Federation Center of the Blind and we look forward to all of you being with us again on Wednesday evening, February 1, 1995.

We promise that this will be an enjoyable evening which will enable us to get to know many of you better and to share with you in a tasteful manner some issues which we, the blind, feel we need to bring to your attention for your consideration.

On behalf of the blind of the State, we wish you and all members of the General Assembly a joyous holiday season.

Cordially,
Donald C. Capps
President, NFB of S.C.

December 6, 1994
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

Members of the House of Representatives of the South Carolina General Assembly are cordially invited to the seventh annual Drop-in for Legislators on Thursday, February 2, 1995, from 9:00 to 11:30 A.M. in the first floor lobby of the State House.

Co-hosting the event are The Arc of South Carolina, an organization on mental retardation; South Carolina Autism Society; South Carolina Association of Independent Head Injury Groups; South Carolina Head Injury Association; South Carolina Spinal Cord Injury Association; South Carolina Disabilities Research Commission; South Carolina Human Service Providers, Inc.; Disability Action Center; and the Disability Coalition of South Carolina.

We hope each of the Members of the House will take a few minutes to join us for coffee and rolls and to meet representatives of our organizations.

If you need further information, please call me at 787-0286. We look forward to the Representatives dropping in to meet us on February 2, 1995!

Sincerely,
Mrs. Jacquelyn Robey
Coordinator
Legislative Drop-in Planning Committee

October 28, 1994
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The South Carolina Farm Bureau Federation cordially extends an invitation to the members of the House, Research Directors, Administrative Assistants, Secretaries, Spouses and/or escorts, to attend our annual Legislative Banquet on Tuesday, February 7, 1995, at 6:00 P.M. at the Ellison Building, State Fairgrounds, in Columbia.

Traditionally, we begin on time and present a very short program... that is our plan this year. We will not hold you to a late hour.

Sincerely,
Benjie Rhoad
Assistant to the President

November 3, 1994
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The South Carolina Farm Bureau Women's Committee cordially extends an invitation to the members of the House, Research Directors, Administrative Assistants and Secretaries to attend our Legislative Women's Conference Breakfast on Wednesday, February 8th. The breakfast will be a standup event beginning at 8:00 A.M. through 10:00 A.M., and will be held in the lower back lobby of the State House.

As you will see from the attached correspondence, we have made the necessary arrangements with Mrs. Helen Zeigler of the Office of General Services to secure the date for this event.

By receipt of this letter, I am asking that this invitation be noted on the House Calendar for February, 1995.

Your consideration of our request will be appreciated as we look forward to seeing you on February 8th.

Sincerely,
Mrs. Betty DeWitt, Chairperson
SC Farm Bureau State Women's Committee

January 5, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

This letter confirms our invitation to all members of the South Carolina House of Representatives for a reception in their honor. The reception will be Wednesday, February 8, 1995, from 6:00 P.M. until 9:00 P.M. at the Ramada Townhouse on Gervais Street here in Columbia. This reception is sponsored by the National Association of Credit Management Carolinas, Inc. We look forward to seeing each member there.

Sincerely,
Marty Delk
Chairman, South Carolina Legislative Committee

August 19, 1994
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

This letter is to you as Chair of the House Invitations Committee to invite the South Carolina House of Representatives to an evening drop-in hosted by the Probate Judges' Association of South Carolina.

A reception will be held February 14, 1995, at the Adam's Mark Hotel between 6:00 P.M. and 7:00 P.M.

Please let me know if there is anything further I need to do with regard to inviting the members of the House of Representatives to these functions.

Thank you for your attention to the foregoing, and we look forward to seeing you in February.

Very truly yours,
Bernard R. Fielding
Judge of Probate

October 1, 1994
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The South Carolina Vocational Association and the South Carolina Vocational Directors Association would like to invite all Legislators to join with us for a light lunch on February 15, 1995. This lunch will be served in the lower lobby of the State House.

We will be on hand to greet the Legislators and talk with them informally about Vocational Education between Noon and 2:00 P.M. Knowing how busy the Legislators are, we hope that this schedule will be convenient for them.

We would appreciate it if all Legislators received an invitation for this luncheon. This will be our way of saying "thank you" for all their cooperation and support in the past.

Sincerely,
Corry L. Hudson, Chairman
SCVA Legislative Committee

August 9, 1994
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The Municipal Association of South Carolina would like to extend an invitation to members of the South Carolina House of Representatives to attend a reception on Wednesday evening, February 15, 1995, from 6:00 P.M. to 7:30 P.M. at the Columbia Adam's Mark Hotel. This reception is part of the Association's 21st Annual Winter Meeting & Legislative Conference.

Best wishes.

Sincerely,
Lessie Price
Council Member, Aiken
President

June 24, 1994
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The National Guard Association of South Carolina extends a most cordial invitation to the members of the House of Representatives to our Sixteenth Annual Legislative Appreciation Reception on Tuesday, February 21, 1995, at the National Guard Armory, 1225 Bluff Road, Columbia, South Carolina, from 6:00 P.M. to 8:00 P.M.

Please present this invitation to the House Invitations Committee for their consideration.

Also, please disregard our letter of invitation dated 21 June 1994. We have been informed of a conflict with the House of Representatives on the evening of 24 January 1995. We apologize for any inconvenience this may have caused you.

As always, the National Guard Association is looking forward with a great deal of pleasure to hosting the members of the General Assembly.

Sincerely,
J. Edward Hall
COL, SCARNG
Executive Director

April 8, 1994
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

Confirming Colette Murray Swann's telephone conversation with Jan Gerhart of this office, the House has reserved Wednesday, February 22, 1995, on the House Calendar for The Electric Cooperatives of South Carolina's Legislative Appreciation Reception. All members and staff of the House are invited to attend.

The reception is tentatively scheduled to be held at the Adam's Mark Hotel in Columbia from 6:00-7:30 P.M.

We appreciate Colette's assistance in scheduling this event.

Sincerely,
Fred A. Cole
President and Chief Executive Officer

September 28, 1994
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

On behalf of the York County Council of Chambers and the "York County Day" Planning Committee, I would like to extend a cordial invitation to the members of the S.C. House to attend the annual York County Day reception from 6:00 P.M. until 8:00 P.M. on Tuesday, February 28, 1995, at the Columbia Adam's Mark Hotel.

Event staff person, Rob Youngblood of the Rock Hill Chamber of Commerce, has previously requested this date through Ms. Collett Swann of your office. We realize that Committee approval is pending, however, we would appreciate a brief written notice of receipt for this request and an approximate date that the Committee might address the request.

We appreciate the Committee's cooperation and helpfulness in coordinating this event in past years, and we look forward to hearing from you concerning York County Day 1995.

Should you have any questions, please contact Rob Youngblood at 324-7500.

Sincerely,
Carolyn Carpenter
Event Chairwoman

January 10, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

I am writing to request your assistance in placing an event on the House's invitational Calendar. The General Assembly is currently funding a program called the 12 Schools Project which is administered by the Office of Authentic Assessment in the State Department of Education. In this project, teachers in 36 schools and 24 districts are developing and piloting performance assessments which will measure whether children can apply their knowledge and skills in real world situations. On January 25, 26, and February 2, between 10:00 A.M. and 2:00 P.M. in Room 208 of the Blatt Building, the schools will offer an assessment fair for the legislators. Each school will be present on only one of the three days.

All Representatives are cordially invited to drop by during any or all of these three days to see and hear about the exciting changes in curriculum, instruction, and assessment which have resulted from this site-based project. Would you please arrange for the fair to be placed on the House's invitational Calendar for those dates?

If you have questions or need more information, please contact me at 734-8298.

Sincerely,
Susan A. Agruso, Director
Office of Authentic Assessment

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration.

Document No. 1795
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Municipal Solid Waste Landfills
Received By Speaker January 16, 1995
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 16, 1995

Document No. 1801
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Municipal Solid Waste Processing Facilities
Received By Speaker January 16, 1995
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 16, 1995

Document No. 1798
Promulgated By Department of Health and Environmental Control
Definitions, Permit Requirements, and Emissions Inventory
Received By Speaker January 16, 1995
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 16, 1995

Document No. 1806
Promulgated By Department of Health and Environmental Control
Health Care Cooperative Agreements
Received By Speaker January 13, 1995
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 13, 1995

Document No. 1808
Promulgated By Department of Health and Environmental Control
Food Service Establishments
Received By Speaker January 16, 1995
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 16, 1995

Document No. 1807
Promulgated By Department of Health and Environmental Control
Camps
Received By Speaker January 16, 1995
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 16, 1995

Document No. 1810
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Lead Acid Batteries
Received By Speaker January 16, 1995
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 16, 1995

REPORTS OF STANDING COMMITTEE

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3103 -- Reps. Shissias, Simrill, Cromer, L. Whipper, S. Whipper, Stille, Kelley, Richardson, Gamble, Phillips and Spearman: A BILL TO AMEND SECTION 43-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO PURSUE STATE AND FEDERAL TAX REFUND OFFSETS FOR DELINQUENT CHILD SUPPORT PAYMENTS EVEN IF PERIODIC PAYMENTS ON THE DELINQUENCY ARE BEING MADE OR EVEN IF THE DELINQUENT AMOUNT HAS BEEN PLACED IN ABEYANCE.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3104 -- Reps. Shissias, Stille and Kelley: A BILL TO AMEND SECTION 20-7-1318, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN INCOME-WITHHOLDING TO ENFORCE SUPPORT ORDERS, SO AS TO REVISE THE DEFINITION OF "SUPPORT ORDER" AND TO CORRECT A CROSS-REFERENCE.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3140 -- Reps. McTeer and Lloyd: A BILL TO AMEND SECTION 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT THE STATE BOARD OF VOTING MACHINE COMMISSIONERS BE PROVIDED WITH A MECHANICAL VOTING MACHINE MODEL SUITABLE FOR THE INSTRUCTION OF VOTERS.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3277 -- Reps. Klauber, R. Smith, Simrill, Knotts, Allison, Rice, Cotty, Quinn, Witherspoon, Stille, Harrison, Riser, Robinson, J. Young, Easterday, Herdklotz, Keegan, Meacham, Cain, Wilder, Seithel, Limehouse, Trotter, Wilkins and Davenport: A CONCURRENT RESOLUTION PETITIONING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION FOR SUBMISSION TO THE STATES TO LIMIT THE NUMBER OF TERMS A PERSON MAY SERVE IN THE UNITED STATES HOUSE OF REPRESENTATIVES TO NO GREATER THAN SIX AND TO LIMIT THE NUMBER OF TERMS A PERSON MAY SERVE IN THE UNITED STATES SENATE TO NO GREATER THAN TWO, OR IN THE ALTERNATIVE, TO CALL A CONVENTION FOR THE SOLE AND EXCLUSIVE PURPOSE OF PROPOSING SUCH AN AMENDMENT FOR SUBMISSION TO THE STATES FOR RATIFICATION.

The Concurrent Resolution was ordered referred to the Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 3278 -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION COMMENDING BOBBY TURNER, AN EMPLOYEE OF SANTEE ELECTRIC COOPERATIVE FOR HIS HEROISM WHICH SAVED THE LIFE OF ANOTHER HUMAN BEING ON CHRISTMAS EVE.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3279 -- Rep. D. Smith: A CONCURRENT RESOLUTION CONGRATULATING SPARTANBURG HIGH SCHOOL ON WINNING THE 1994 CLASS AAAA DIVISION 1 STATE CHAMPIONSHIP IN FOOTBALL.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

On motion of Rep. BOAN, with unanimous consent, the following was taken up for immediate consideration:

H. 3280 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Sharpe, Townsend, Huff, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harvin, Harwell, Herdklotz, Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A HOUSE RESOLUTION TO AUTHORIZE THE CLERK OF THE HOUSE OF REPRESENTATIVES TO SELECT AN ARTIST TO PAINT THE PORTRAIT OF THE HONORABLE ROBERT J. SHEHEEN TO BE PLACED APPROPRIATELY IN THE HALL OF THE HOUSE OF REPRESENTATIVES UPON ITS COMPLETION.

Whereas, The Honorable Robert J. Sheheen has been a member of the House of Representatives for eighteen years; and

Whereas, he served as Chairman of the Judiciary Committee for six years; and

Whereas, he was elected Speaker of the House of Representatives in 1986 and held this position until last year; and

Whereas, during his tenure as Speaker, he upheld the integrity of the House of Representatives as it weathered several turbulent periods; and

Whereas, through his efforts in modernizing the House Rules, and automating its proceedings, the House has become a more efficient legislative body; and

Whereas, his colleagues desire to recognize his energy and loyalty, and his dedication to the high calling of public service. Now, therefore,

Be it resolved by the House of Representatives:

That the Clerk of the House of Representatives is authorized to select an artist to paint the portrait of The Honorable Robert J. Sheheen to be placed appropriately in the Hall of the House of Representatives upon its completion.

Funds for the portrait shall not exceed ten thousand dollars to be paid from the approved accounts of the House of Representatives.Be it resolved by the House of Representatives:

The Resolution was adopted.

CONCURRENT RESOLUTION

On motion of Rep. HUFF, with unanimous consent, the following was taken up for immediate consideration:

S. 382 -- Senators Courson, Alexander, Bryan, Cork, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, DAVID M. BEASLEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 25, 1995.

Be it resolved by the Senate, the House of Representatives concurring:

That His Excellency, David M. Beasley, Governor of the State of South Carolina, is invited to address the General Assembly in joint session at 7:00 p.m. on Wednesday, January 25, 1995, in the Hall of the House of Representatives.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 393 -- Senators Short, Jackson and Gregory: A CONCURRENT RESOLUTION EXTENDING THE DATE FOR THE "COMMITTEE TO STUDY THE CONSUMER FINANCE LAWS IN THIS STATE AS THEY RELATE TO RESTRICTED LOANS, SUPERVISED LOANS, AND SALES FINANCE CONTRACTS" TO MAKE ITS REPORT TO THE GENERAL ASSEMBLY.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 3281 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY SERVE ONLY SIX COMPLETE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX NEW TERMS THEREAFTER; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS AND TO PROVIDE THAT CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER.

Without reference.

H. 3282 -- Reps. Neilson, Limbaugh, Littlejohn, Hines, Stuart, Shissias, Jaskwhich, Gamble, J. Harris, Wells, Lloyd, Mason and McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1550 SO AS TO PROVIDE THAT THE BEST INTERESTS OF THE CHILD IS THE GUIDING PRINCIPLE IN RESOLVING CHILD CUSTODY AND VISITATION DISPUTES, TO PROVIDE THAT THE BEST INTERESTS OF THE CHILD ARE SERVED WHEN THE CHILD'S RELATIONSHIP WITH EACH PARENT IS EQUALLY PROMOTED AND ENCOURAGED, TO PROVIDE THAT THE COURT MUST STRIVE TO EQUALIZE EACH PARENT'S TIME WITH AND OPPORTUNITIES TO BE INVOLVED IN THE CHILD'S LIFE, AND TO PROVIDE THAT JOINT CUSTODY IS NOT REQUIRED BY THIS SECTION NOR MAY VISITATION AWARDED IN ACCORDANCE WITH THIS SECTION BE CONSTRUED AS JOINT CUSTODY.

Referred to Committee on Judiciary.

H. 3283 -- Reps. Neilson, Lloyd, McMahand, Littlejohn, Hines, D. Wilder, Easterday, Richardson, Chamblee, Wells, Rice, Koon, Allison, Rhoad, G. Brown, Gamble, Cato, Fair, Stoddard, Herdklotz, Davenport, Anderson, Mason and Byrd: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO AUTHORIZE THE COURT TO REQUIRE A PARENT RECEIVING CHILD SUPPORT TO MAKE AN ACCOUNTING OF THE EXPENDITURES MADE FROM THE CHILD SUPPORT RECEIVED.

Referred to Committee on Judiciary.

H. 3284 -- Reps. Neilson, G. Brown, Littlejohn, L. Whipper, Breeland, Canty, Rice, Felder, Herdklotz, Anderson, Keyserling, Mason, Allison, Wells, Byrd and Richardson: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COURT ADMINISTRATION TO DEVELOP A GUIDELINES AND PROCEDURES MANUAL FOR COURT-APPOINTED GUARDIANS AD LITEM AND TO PROVIDE FOR ITS CONTENTS AND DISTRIBUTION.

Referred to Committee on Judiciary.

H. 3285 -- Reps. Neilson, Lloyd, G. Brown, Hines, L. Whipper, Breeland, J. Young, Canty, Rice, Felder, Chamblee, Gamble, Keyserling, Robinson, Herdklotz, Davenport, Mason, Thomas and Byrd: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT CUSTODY.

Referred to Committee on Judiciary.

H. 3286 -- Reps. Neilson, Lloyd, Richardson, G. Brown, L. Whipper, Breeland, Canty, Harrell, Felder, Mason, Gamble, Chamblee, Byrd, Robinson, Herdklotz, Davenport, Rice and Limehouse: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER ANY AMOUNT OF VISITATION WHICH MAY NOT BE CONSTRUED AS JOINT CUSTODY.

Referred to Committee on Judiciary.

H. 3287 -- Rep. Kirsh: A BILL TO AMEND SECTION 56-15-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACILITIES REQUIRED FOR ISSUANCE OF A DEALER'S LICENSE, SO AS TO ELIMINATE THE REQUIREMENT THAT THE SALE OR EXCHANGE OF MOTOR VEHICLES BE THE PRINCIPAL BUSINESS CONDUCTED FROM A DEALER'S PLACE OF BUSINESS.

Referred to Committee on Education and Public Works.

H. 3288 -- Rep. Kirsh: A BILL TO AMEND SECTION 8-11-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCY HEAD SALARY COMMISSION, SO AS TO ABOLISH THE COMMISSION AND PROVIDE THAT THE SALARY OF AN AGENCY HEAD MAY ONLY BE SET IN THE ANNUAL GENERAL APPROPRIATIONS BILL; AND TO REPEAL SECTIONS 8-11-165 AND 8-11-170, RELATING TO CERTAIN RESPONSIBILITIES OF THE AGENCY HEAD SALARY COMMISSION.

Referred to Committee on Ways and Means.

H. 3289 -- Reps. J. Brown, Anderson, Breeland, Cobb-Hunter, Howard, L. Whipper, Kennedy, Hines, Cave, Moody-Lawrence, Lloyd, Clyburn, Govan, Beatty, Scott, Neal, Byrd and Inabinett: A BILL TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT THE FEDERAL HOLIDAY CELEBRATING MARTIN LUTHER KING, JR.'S BIRTHDAY IS A REQUIRED STATE HOLIDAY.

Referred to Committee on Ways and Means.

H. 3290 -- Rep. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-90 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM CASTING A VOTE FOR HIMSELF IN AN ELECTION IN WHICH HE IS A CANDIDATE FOR AN OFFICE WHICH IS ELECTED BY THE GENERAL ASSEMBLY.

Referred to Committee on Judiciary.

H. 3291 -- Rep. Rogers: A BILL TO AMEND SECTION 30-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS WHICH MAY BE CLOSED TO THE PUBLIC UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT THE MEETINGS OF A LEGISLATIVE CAUCUS MAY NOT BE CLOSED TO THE PUBLIC.

Referred to Committee on Judiciary.

H. 3292 -- Rep. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2949 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS RECKLESS HOMICIDE OR CERTAIN OTHER DRUG AND ALCOHOL-RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, TO PROVIDE THAT THE ARRESTING OFFICER SHALL PROCEED WITH EMERGENCY PROTECTIVE CUSTODY PURSUANT TO CERTAIN PROCEDURES, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES.

Referred to Committee on Judiciary.

H. 3293 -- Rep. Rogers: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DECLARATION OF RIGHTS, BY ADDING SECTION 24 SO AS TO PROVIDE FOR THE "VICTIMS' BILL OF RIGHTS" GIVING TO VICTIMS OF CRIME JUDICIAL AND PROCEDURAL RIGHTS AS THE DEFENDANT'S CASE PROCEEDS THROUGH THE COURT SYSTEM.

Referred to Committee on Judiciary.

H. 3294 -- Rep. Rogers: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIME", SO AS TO INCLUDE THE CRIME OF INJURING OR KILLING A PERSON WHILE OPERATING A VEHICLE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AS PROVIDED IN SECTION 56-5-2945.

Referred to Committee on Judiciary.

H. 3295 -- Reps. McAbee, Carnell, P. Harris, H. Brown, Hutson, Canty, Harvin, Harrison, Shissias, Quinn, Riser, Stille, Witherspoon, Tucker, Stuart, J. Harris and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 IN TITLE 25, RELATING TO MILITARY, CIVIL DEFENSE, AND VETERANS' AFFAIRS, SO AS TO ESTABLISH THE VETERANS' TRUST FUND OF SOUTH CAROLINA AND PROVIDE FOR ITS POWERS, DUTIES, AND GOVERNANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-2417 SO AS TO PROVIDE A DESIGNATION ON STATE INDIVIDUAL INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE VETERANS' TRUST FUND OF SOUTH CAROLINA.

Referred to Committee on Ways and Means.

H. 3296 -- Rep. McElveen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE V, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL DEPARTMENT, BY ADDING SECTION 29 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ESTABLISH A JUDICIAL NOMINATING COMMISSION TO NOMINATE CANDIDATES FOR ELECTION TO JUDICIAL POSITIONS ON COURTS OF THE UNIFIED JUDICIAL SYSTEM WHICH ARE FILLED BY ELECTION OF THE GENERAL ASSEMBLY, TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ELECT THESE JUDGES AND JUSTICES FROM AMONG THESE NOMINEES, AND TO PROVIDE THAT NO PERSON MAY BE ELECTED TO THESE JUDICIAL POSITIONS WHO HAS BEEN FOUND "NOT QUALIFIED" BY THE COMMISSION.

Referred to Committee on Judiciary.

H. 3297 -- Rep. McElveen: A BILL TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GOVERNMENT AND THE GENERAL ASSEMBLY, BY ADDING CHAPTER 20 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL NOMINATING COMMISSION TO ASSIST THE GENERAL ASSEMBLY IN THE SELECTION OF JUSTICES AND JUDGES FOR VACANCIES IN THE OFFICES OF SUPREME COURT JUSTICE, JUDGE OF THE COURT OF APPEALS, CIRCUIT COURT, AND FAMILY COURT; TO PROVIDE FOR THE MEMBERSHIP OF THE COMMISSION; TO PROVIDE THE PROCEDURE FOR THE NOMINATION AND ELECTION OF CANDIDATES FOR THESE JUDICIAL VACANCIES; AND TO PROVIDE THAT THIS ACT TAKES EFFECT UPON THE RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE AUTHORIZING THE ESTABLISHMENT OF A JUDICIAL NOMINATING COMMISSION.

Referred to Committee on Judiciary.

H. 3298 -- Rep. McElveen: A BILL TO ENACT THE FAMILY RESPONSIBILITY ACT OF 1995 BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-15 SO AS TO SET FORTH THE POLICY OF THE STATE THAT FAMILIES MUST TAKE RESPONSIBILITY FOR A MEMBER LIKELY TO BECOME A PUBLIC CHARGE; BY ADDING SECTION 20-7-45 SO AS TO REQUIRE A PERSON TO SUPPORT A STEPCHILD IF THAT CHILD IS LIKELY TO BECOME A PUBLIC CHARGE; BY ADDING SECTION 20-7-95 SO AS TO PROVIDE THAT PERSONS COHABITING ARE RESPONSIBLE FOR PROVIDING FOR EACH OTHER AND FOR CHILDREN BORN OF THAT UNION AND TO AUTHORIZE THE COURT TO APPORTION PROPERTY EQUITABLY; BY ADDING SECTION 20-7-105 SO AS TO REQUIRE A PERSON AFTER PROVIDING FOR HIS IMMEDIATE FAMILY TO SUPPORT A PARENT WHO IS UNABLE TO PROVIDE HIS OWN SUPPORT; BY ADDING SECTION 20-7-958 SO AS TO REQUIRE AN APPLICANT FOR AID TO FAMILIES WITH DEPENDENT CHILDREN AND CERTAIN OTHER ECONOMIC, MEDICAL, AND SOCIAL SERVICES TO NAME THE FATHER OF THE APPLICANT'S CHILD, TO REQUIRE THE FATHER OF A CHILD TO PAY A PROPORTIONATE SHARE OF PRENATAL, NATAL, AND POSTNATAL MEDICAL EXPENSES, AND IF THE FATHER OF A CHILD IS UNDER EIGHTEEN AT THE TIME OF A PATERNITY ACTION OR ESTABLISHMENT OF PATERNITY, THE MATERNAL AND PATERNAL GRANDPARENTS OF THE CHILD MAY BE REQUIRED TO PAY ALL OR SOME PORTION OF THE EXPENSES IF FINANCIALLY ABLE AND IF THE PARENTS OF THE CHILD ARE UNABLE TO MEET THESE EXPENSES; BY AMENDING SECTION 20-7-30, RELATING TO DEFINITIONS IN THE CHILDREN'S CODE, SO AS TO DEFINE THE TERMS "COHABITATION", "LIKELY TO BECOME A PUBLIC CHARGE", AND "STEPPARENT"; AND BY AMENDING SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE IN THE COURT'S JURISDICTION THE AUTHORITY TO REQUIRE ADULT CHILDREN, COHABITANTS, AND STEPPARENTS TO SUPPORT THEIR PARENTS, PARTNERS AND PARTNERS' CHILDREN, AND STEPCHILDREN, RESPECTIVELY, UNDER CERTAIN CIRCUMSTANCES.

Referred to Committee on Judiciary.

H. 3299 -- Reps. D. Smith and Wilkes: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE CREDIT TO A SOLE PROPRIETOR, PARTNERSHIP, LIMITED LIABILITY COMPANY, CORPORATION OF ANY CLASSIFICATION, OR ASSOCIATION, ALLOW THE CREDIT TO BE CLAIMED AGAINST THE INDIVIDUAL INCOME TAX LIABILITY OF THE SOLE PROPRIETOR, PARTNER, SUB S CORPORATION SHAREHOLDER, AND LIMITED LIABILITY COMPANY OWNER AND PROVIDE FOR THE MANNER OF CLAIMING THE CREDIT AND TO DELETE PROVISIONS PREVIOUSLY LIMITING THE ELIGIBILITY FOR THE CREDIT FOR SHAREHOLDERS OF A SUB S CORPORATION TO SUCH A CORPORATION ELIGIBLE TO USE THE FEE IN LIEU OF TAX.

Referred to Committee on Ways and Means.

H. 3300 -- Reps. Limehouse, Fleming, Allison, G. Brown, J. Brown, Cain, Chamblee, Cotty, Davenport, Delleney, Easterday, Fair, Felder, Fulmer, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hodges, Huff, Hutson, Kinon, Knotts, Koon, Lanford, Limbaugh, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McTeer, Phillips, Rice, Robinson, Sandifer, Sharpe, Shissias, D. Smith, Stoddard, Tripp, Trotter, Vaughn, Wells, Whatley, Wilder, Wright, A. Young, Cobb-Hunter, Baxley, Kelley, Keyserling, Govan, Inabinett, H. Brown, Witherspoon, Simrill, Keegan, Townsend, Kennedy, Jaskwhich, Stuart, L. Whipper, Stille, Byrd, Meacham, Law, Riser, Dantzler, Richardson, J. Young, Seithel and Bailey: A BILL TO AMEND SECTIONS 23-3-400, 23-3-420, AND 23-3-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FOR PUBLIC NOTIFICATION WHEN A SEX OFFENDER RESIDES OR INTENDS TO RESIDE IN A COMMUNITY, AND REQUIRE THE SHERIFF OF THE COUNTY WHERE THE OFFENDER INTENDS TO RESIDE OR IS RESIDING TO RELEASE THIS INFORMATION TO THE PUBLIC; AND TO REPEAL SECTION 23-3-490 RELATING TO THE CONFIDENTIALITY OF INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY.

Referred to Committee on Judiciary.

H. 3301 -- Reps. L. Whipper, Neilson, Askins, Inabinett, Hines, Govan, Harvin, Harwell, Lloyd, Phillips, Moody-Lawrence, Breeland, Neal, Williams, Byrd, S. Whipper, Canty, Cave, Richardson, Beatty and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.

Referred to Committee on Judiciary.

H. 3302 -- Reps. Davenport, Shissias, H. Brown, Cotty, Allison, Fair and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-435 SO AS TO PROHIBIT THE FRAUDULENT ACQUISITION OF PUBLIC FUNDS OR BENEFITS AND TO PROVIDE PENALTIES; AND TO REPEAL SECTION 16-13-430 RELATING TO FRAUDULENT ACQUISITION OR USE OF FOOD STAMPS.

Referred to Committee on Judiciary.

H. 3303 -- Reps. Davenport, Allison, Wells, A. Young, Fair, Quinn, Delleney and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-441 SO AS TO AUTHORIZE STUDENT-INITIATED VOLUNTARY PRAYER AT SCHOOL ACTIVITIES AND EVENTS AND TO ALLOW A TEACHER OR SCHOOL ADMINISTRATOR TO PERMIT STUDENTS TO PARTICIPATE VOLUNTARILY IN SUCH PRAYER.

Referred to Committee on Education and Public Works.

H. 3304 -- Reps. Sharpe, Law, H. Brown, Mason, Meacham, A. Young, Simrill, Huff, Haskins, Felder, Hutson, Knotts, Robinson, Trotter, Stuart, P. Harris, Tripp, Fulmer, Delleney, Whatley, Richardson, Townsend, Riser, Dantzler, Chamblee, Koon, Lanford, Witherspoon, Sandifer, Fleming and D. Smith: A BILL TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO ASCERTAIN THE WISHES OF THE QUALIFIED ELECTORS OF THIS STATE AS TO WHETHER OR NOT THE CONFEDERATE BATTLE FLAG SHOULD BE FLOWN ABOVE THE STATE HOUSE, TO PROVIDE FOR THE MANNER IN WHICH THIS REFERENDUM SHALL BE CONDUCTED, AND TO PROVIDE FOR THE DISPLAY OR PROHIBITION OF THE DISPLAY OF THE FLAG AFTER THE RESULTS OF THE REFERENDUM ARE CERTIFIED.

Referred to Committee on Judiciary.

H. 3305 -- Reps. Kennedy, Whatley, Askins, Delleney, McCraw, S. Whipper and Phillips: A BILL TO AMEND SECTION 57-5-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLATION OF RIGHT-OF-WAY ENTRANCES AND APRONS, SO AS TO REQUIRE INSTALLATION FOR EXISTING BUSINESS FACILITIES AND TO LIMIT THE LENGTH OF AN ENTRANCE.

Referred to Committee on Education and Public Works.

H. 3306 -- Reps. Simrill and Meacham: A BILL TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE, CONFISCATION, AND SALE OF CERTAIN MOTOR VEHICLES, SO AS TO PROVIDE FOR SUCH FORFEITURE UPON A SECOND OR SUBSEQUENT, RATHER THAN A FOURTH OR SUBSEQUENT, VIOLATION OF DRIVING UNDER SUSPENSION AND UPON A SECOND OR SUBSEQUENT, RATHER THAN A FOURTH OR SUBSEQUENT, VIOLATION OF DRIVING UNDER THE INFLUENCE.

Referred to Committee on Judiciary.

H. 3307 -- Reps. J. Brown, Baxley, Jennings, Limbaugh, Law, H. Brown, Cotty, Knotts, Witherspoon, A. Young, Townsend, Clyburn, Moody-Lawrence, Rogers, Fleming, Walker, Scott, Hines, Stuart, R. Smith, Neal, Littlejohn, Anderson, Cave, Lanford, Kennedy, Inabinett, Tripp, Stille, Hallman, Phillips, G. Brown, Simrill, Govan, Wright, Wilder, Neilson, S. Whipper, Harwell, Richardson, Breeland, Shissias, Easterday, Fair, Harrison, L. Whipper, Vaughn, Wells, Spearman, McCraw, Herdklotz, Huff, Beatty, Williams, Riser, Kelley, Cooper, J. Young, T. Brown, Dantzler, Haskins, Sharpe, Klauber, Kirsh, Thomas, Byrd, Mason, Davenport and Jaskwhich: A BILL TO AMEND SECTION 40-51-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY, ITS MEMBERS, TERMS, AND REMOVAL, SO AS TO REVISE THE PROCEDURES FOR NOMINATING MEMBERS AND FOR REMOVAL FROM OFFICE AND TO DELETE THE PROVISIONS PERTAINING TO A MEDICAL CONSULTANT AND A LEGAL ADVISOR TO THE BOARD; TO AMEND SECTION 40-51-80, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO ALLOW RECIPROCAL LICENSING WITHOUT TAKING AN EXAMINATION; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSES WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; AND TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS.

On motion of Rep. J. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3308 -- Rep. Waldrop: A BILL TO AMEND SECTION 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER UNDER PARTICULAR OPTIONS TO RECEIVE A FULL RETIREMENT ALLOWANCE RATHER THAN A REDUCED ALLOWANCE UNDER CERTAIN CONDITIONS, AND TO AMEND SECTION 9-11-210, AS AMENDED, RELATING TO CONTRIBUTIONS TO THE SYSTEM, SO AS TO INCREASE THE EMPLOYEE CONTRIBUTIONS OF CLASS ONE AND CLASS TWO MEMBERS BY EIGHTY-NINE HUNDREDTHS OF ONE PERCENT TO OFFSET THE ACTUARIAL COST OF THE ABOVE PROVISION.

Referred to Committee on Judiciary.

H. 3309 -- Rep. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-612 SO AS TO ESTABLISH SIMPLE TRESPASS AS A MISDEMEANOR AND PROVIDE PENALTIES.

Referred to Committee on Judiciary.

H. 3310 -- Rep. Rogers: A BILL TO AMEND SECTION 20-7-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT FOR SUPPORT OR TREATMENT OF A CHILD, SO AS TO PROVIDE THAT THE SOLICITOR MAY PETITION THE COURT TO ORDER THE PARENTS OF A CHILD WHO IS COMMITTED BY THE COURT TO THE CUSTODY OTHER THAN THAT OF THE CHILD'S PARENTS OR WHO IS GIVEN MEDICAL, PSYCHOLOGICAL, OR PSYCHIATRIC TREATMENT UNDER ORDER OF THE COURT TO PAY CHILD SUPPORT WHEN THE CHILD IS COMMITTED TO OR DETAINED IN THE CUSTODY OF A COUNTY DETENTION FACILITY OR THE DEPARTMENT OF JUVENILE JUSTICE; AND TO AMEND SECTION 20-7-2180, AS AMENDED, RELATING TO THE RESPONSIBILITY FOR A CHILD COMMITTED TO CUSTODY, SO AS TO PROVIDE THAT ALL EXPENSES OF A CHILD COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF JUVENILE JUSTICE MUST BE BORNE BY THE STATE EXCEPT AS OTHERWISE PROVIDED BY LAW.

Referred to Committee on Ways and Means.

H. 3311 -- Rep. Rogers: A BILL TO AMEND SECTION 7-5-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO DELETE THE REQUIREMENT THAT AN APPLICATION BE WITNESSED BY A QUALIFIED ELECTOR FROM THE RESPECTIVE COUNTY AND PROVIDE THAT IT ONLY BE WITNESSED BY A QUALIFIED ELECTOR.

Referred to Committee on Judiciary.

H. 3312 -- Rep. Rogers: A BILL TO AMEND SECTION 7-17-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTIONS 7-17-260 AND 7-17-270, BOTH AS AMENDED, RELATING TO APPEALS FROM DECISIONS OF THE STATE BOARD OF CANVASSERS, SO AS TO SUBSTITUTE AN ADMINISTRATIVE LAW JUDGE FOR THE STATE BOARD IN HEARING CASES UNDER PROTEST OR CONTEST THAT MAY ARISE IN ELECTIONS.

Referred to Committee on Judiciary.

H. 3314 -- Rep. Rogers: A BILL TO AMEND SECTION 7-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO PROHIBIT A MEMBER OF THE COMMISSION FROM PARTICIPATING IN POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN DURING THE MEMBER'S TERM OF OFFICE, TO PROHIBIT A MEMBER OF THE COMMISSION FROM MAKING A CONTRIBUTION TO A CANDIDATE OR KNOWINGLY ATTEND A FUNDRAISER HELD FOR THE BENEFIT OF A CANDIDATE, AND TO PROVIDE THAT THE MEMBER MAY BE REMOVED FOR A VIOLATION OF THIS SECTION.

Referred to Committee on Judiciary.

HOUSE RESOLUTION

On motion of Rep. D. SMITH, with unanimous consent, the following was taken up for immediate consideration:

H. 3313 -- Reps. D. Smith and Beatty: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE FOOTBALL TEAM OF SPARTANBURG HIGH SCHOOL, CLASS AAAA DIVISION 1 STATE CHAMPIONS FOR 1994, AND THE TEAM'S COACHES ON THURSDAY, FEBRUARY 23, 1995, FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE CLASS AAAA DIVISION 1 STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the football team of Spartanburg High School and the team's coaches be extended the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Thursday, February 23, 1995, for the purpose of being recognized on winning the Class AAAA Division 1 State Championship.

The Resolution was adopted.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison                Anderson               Askins
Bailey                 Baxley                 Beatty
Boan                   Breeland               Brown, G.
Brown, H.              Brown, J.              Brown, T.
Byrd                   Cain                   Carnell
Cato                   Cave                   Chamblee
Clyburn                Cobb-Hunter            Cooper
Cotty                  Cromer                 Dantzler
Delleney               Easterday              Elliott
Felder                 Fleming                Fulmer
Gamble                 Govan                  Hallman
Harrell                Harris, J.             Harris, P.
Harrison               Harvin                 Harwell
Haskins                Herdklotz              Hines
Hodges                 Howard                 Huff
Hutson                 Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Kennedy                Keyserling             Kinon
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Limbaugh               Limehouse              Littlejohn
Lloyd                  Marchbanks             Martin
Mason                  McAbee                 McCraw
McKay                  McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Quinn                  Rhoad
Rice                   Richardson             Riser
Robinson               Rogers                 Sandifer
Scott                  Seithel                Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Thomas                 Townsend               Tripp
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Wells
Whatley                Whipper, L.            Whipper, S.
White                  Wilder                 Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, A.              Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, January 18.

Michael L. Fair                   G. Ralph Davenport, Jr.
Dewitt Williams                   Timothy C. Wilkes
Total Present--121

LEAVE OF ABSENCE

The SPEAKER granted Rep. CANTY a leave of absence for today and tomorrow to attend a National Church meeting.

LEAVE OF ABSENCE

The SPEAKER granted Rep. WILKES a temporary leave of absence.

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

S. 334 -- Senators McGill, Glover and Leatherman: A BILL TO AMEND ARTICLE 1, CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS LOCATED IN FLORENCE COUNTY, SO AS TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION AND TO PROVIDE THAT EFFECTIVE TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ACT, IF SUCH DISTRIBUTION IS NOT ACCOMPLISHED WITHIN FIVE YEARS OF DISSOLUTION, THE REMAINING ASSETS ESCHEAT TO THE STATE.

H. 3238--AMENDED AND OBJECTIONS

The following Bill was taken up.

H. 3238 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-435 SO AS TO ALLOW LOCAL GOVERNMENTS, SCHOOL DISTRICTS, AND CHARITABLE ORGANIZATIONS TO USE INMATES TO PERFORM CONSTRUCTION, REPAIR, AND MAINTENANCE SERVICES; BY ADDING SECTION 24-13-100 SO AS TO PROVIDE THE CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE; BY ADDING SECTION 24-13-150 SO AS TO PROVIDE THE CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE; BY ADDING SECTION 24-13-175 SO AS TO PROVIDE THAT SENTENCES IMPOSED AND TIME SERVED BE COMPUTED BASED UPON A THREE HUNDRED AND SIXTY-FIVE DAY YEAR; BY ADDING SECTION 24-21-560 SO AS TO PROVIDE A PERSON WHO COMMITS A CRIME SATISFACTORILY COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE HIS RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO NOTIFY THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION OF AN INMATE'S PROJECTED RELEASE DATE, AND TO REQUIRE THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION TO NOTIFY VICTIMS AND THE LOCAL SHERIFF'S OFFICE OF THE PLACE WHERE THE INMATE IS TO BE RELEASED WHEN HE IS PLACED IN COMMUNITY SUPERVISION; TO AMEND SECTIONS 1-30-10 AND 1-30-85, RELATING TO DEPARTMENTS RESTRUCTURED WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF PROBATION, PARDON AND PAROLE TO THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION, RESPECTIVELY; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE SEPARATE SENTENCING PROCEEDING TO DETERMINE WHETHER A SENTENCE SHOULD BE DEATH OR LIFE IMPRISONMENT FOR A PERSON CONVICTED OF MURDER, SO AS TO REVISE THE TERMS OF IMPRISONMENT THAT MAY BE IMPOSED DURING THIS PROCEEDING; TO AMEND SECTION 16-3-625, RELATING TO RESISTING ARREST WITH A DEADLY WEAPON, SO AS TO REVISE THE AGE OF A PERSON WHO MAY BE CHARGED WITH THE CRIME, REVISE THE PENALTY, AND TO REVISE THE DEFINITION OF "DEADLY WEAPON"; TO AMEND SECTION 16-3-1180, AS AMENDED, RELATING TO THE COMPENSATION OF CRIME VICTIMS, SO AS TO REVISE THE MAXIMUM AWARD A CRIME VICTIM MAY RECEIVE; TO AMEND SECTION 16-3-1260, RELATING TO THE REIMBURSEMENT OF THE STATE BY A CONVICTED PERSON FOR PAYMENT FROM THE VICTIM'S COMPENSATION FUND, SO AS TO ELIMINATE THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS' RIGHT TO MAKE PAYMENT OF THE DEBT OR A PORTION OF THE DEBT A CONDITION OF PAROLE, TO SUBSTITUTE "STATE OFFICE OF VICTIM ASSISTANCE" FOR "VICTIM'S COMPENSATION FUND" AND TO SUBSTITUTE "SOUTH CAROLINA DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "SOUTH CAROLINA BOARD OF PAROLE AND COMMUNITY CORRECTIONS"; TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES", TO ALLOW THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION AND THE DEPARTMENT OF CORRECTIONS TO DISCLOSE BETWEEN THE TWO DEPARTMENTS INFORMATION PROVIDED TO VICTIMS AND WITNESSES, AND TO ELIMINATE RESTITUTION AS A CONDITION OF PAROLE; TO AMEND SECTION 16-3-1550, AS AMENDED, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO SUBSTITUTE THE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR THE "PAROLE AND COMMUNITY CORRECTIONS BOARD"; TO AMEND SECTION 16-11-311, RELATING TO BURGLARY IN THE FIRST DEGREE, SO AS TO ELIMINATE PAROLE FOR THE COMMISSION OF THE CRIME; TO AMEND SECTION 17-25-45, RELATING TO A SOLICITOR'S DISCRETION TO INVOKE A LIFE SENTENCE UPON A PERSON CONVICTED THREE TIMES FOR CERTAIN CRIMES, SO AS TO REDUCE THE NUMBER OF PRIOR CONVICTIONS TO TWO BEFORE A LIFE SENTENCE MAY BE IMPOSED, EXCEPT FOR A CRIME FOR WHICH A SENTENCE OF DEATH HAS BEEN IMPOSED, TO DEFINE "LIFE IMPRISONMENT", AND REQUIRE THE SOLICITOR TO GIVE WRITTEN NOTICE OF HIS DECISIONS TO INVOKE SENTENCING UNDER THIS PROVISION BEFORE TRIAL; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO A PRISONER'S PLACE OF CONFINEMENT, SO AS TO SUBSTITUTE "STATE CORRECTIONAL FACILITY" FOR "STATE PENITENTIARY"; TO ALLOW AN INMATE'S SENTENCE TO RUN CONCURRENTLY WITH A SENTENCE RENDERED IN ANOTHER STATE OR A SENTENCE RENDERED ON THE FEDERAL LEVEL, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO NOTIFY THE SOLICITOR, SHERIFF, JUDGE, AND REGISTERED VICTIMS BEFORE RELEASING INMATES ON WORK RELEASE, TO ALLOW THE DEPARTMENT TO DENY WORK RELEASE BASED ON OPINIONS RECEIVED FROM THESE INDIVIDUALS, AND TO ALLOW INMATES TO PARTICIPATE IN THE DEPARTMENT OF CORRECTIONS RESTITUTION PROGRAM; TO AMEND SECTION 24-3-410, AS AMENDED, RELATING TO THE SALE OF PRISON-MADE PRODUCTS, SO AS TO ADD THE TERM "COMMUNITY SUPERVISION"; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO REDUCTION OF A SENTENCE FOR GOOD BEHAVIOR, SO AS TO MODIFY THE PROCEDURE FOR COMPUTING GOOD BEHAVIOR CREDITS, TO ELIMINATE AN INMATE'S ABILITY TO HAVE SERVED A FULL SENTENCE WHEN HE HAS SERVED THE TERM FOR WHICH HE WAS SENTENCED, LESS CREDIT FOR GOOD BEHAVIOR, AND TO PROVIDE THAT CREDITS EARNED UNDER THIS SECTION MAY NOT BE APPLIED TO PREVENT FULL PARTICIPATION IN A COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO REDUCTION OF A SENTENCE FOR PARTICIPATION IN AN ACADEMIC, TECHNICAL, OR VOCATIONAL TRAINING PROGRAM, SO AS TO MODIFY THE PROCEDURE FOR COMPUTING ACADEMIC AND WORK CREDITS, TO REDUCE THE MAXIMUM ANNUAL CREDIT FOR BOTH WORK CREDIT AND ACADEMIC CREDIT, TO NOT ALLOW A REDUCTION IN SENTENCE BELOW CERTAIN MINIMUMS, AND TO PROVIDE NO CREDIT EARNED UNDER THIS SECTION MAY BE APPLIED TO PREVENT FULL PARTICIPATION IN A COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-13-1320, AS AMENDED, RELATING TO THE SHOCK INCARCERATION SELECTION COMMITTEE, SO AS TO SUBSTITUTE "DIRECTOR" FOR "COMMISSIONER" AND SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; AND TO AMEND SECTION 24-13-1330, AS AMENDED, RELATING TO AN INMATE'S PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, SO AS TO MODIFY THE PROCEDURE AN INMATE IS CONSIDERED FOR PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, TO SUBSTITUTE "DIRECTOR" FOR "COMMISSIONER", TO ELIMINATE PAROLE FOR INMATES WHO COMPLETE THE SHOCK INCARCERATION PROGRAM, BUT REQUIRE THEM TO BE RELEASED TO COMMUNITY SUPERVISION AND TO PAY RESTITUTION IF APPLICABLE; TO AMEND SECTION 24-13-1520, AS AMENDED, RELATING TO DEFINITIONS UNDER "HOME DETENTION ACT", SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SERVICES" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO THE PROVISION THAT PROBATION AND PAROLE AUTHORITY IS NOT DIMINISHED BY ANY PROVISION OF THE "HOME DETENTION ACT", SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES", AND TO NOT DIMINISH THE AUTHORITY OF THE COURTS, THE DEPARTMENT OF JUVENILE JUSTICE, OR THE DEPARTMENT OF PROBATION AND COMMUNITY SERVICES TO REGULATE OR IMPOSE CONDITIONS ON COMMUNITY SUPERVISION; TO AMEND SECTION 24-19-160, AS AMENDED, RELATING TO THE PROVISIONS THAT THE COURTS' POWERS AND THE JURISDICTION OF THE PROBATION, PAROLE, AND PARDON BOARD ARE NOT AFFECTED BY THE DEPARTMENT OF CORRECTION'S TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SERVICES" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES" AND TO ELIMINATE THE PROVISION THAT MAKES FOR PAROLE PURPOSES A SENTENCE PURSUANT TO SECTION 24-19-5, SIX YEARS; TO AMEND SECTION 24-21-10, AS AMENDED, RELATING TO THE STRUCTURE OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES AND THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES" AND SUBSTITUTE "BOARD OF PARDONS" FOR "BOARD OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-21-13, AS AMENDED, RELATING TO THE DUTIES OF THE DIRECTOR AND BOARD OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO REQUIRE THE DIRECTOR TO DEVELOP POLICIES AND PROCEDURE TO PLACE AND SUPERVISE OFFENDERS ON COMMUNITY SUPERVISION, TO DEFINE COMMUNITY SUPERVISION AND AN INMATE'S RIGHT TO BE PLACED IN THIS PROGRAM, AND TO LIMIT THE CASES THE BOARD MUST CONSIDER; TO AMEND SECTION 24-21-30, RELATING TO THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES MEETINGS, SO AS TO ELIMINATE GRANTING PAROLE TO INMATES WHO COMMIT A CRIME AFTER JUNE 30, 1996, AND TO MODIFY THE PROCEDURE FOR GRANTING PAROLES; TO AMEND SECTION 24-21-50, RELATING TO HEARINGS, ARGUMENTS, AND APPEARANCES BEFORE THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO LIMIT THE BOARD TO CONSIDER ONLY HEARINGS FOR PAROLE OR PARDONS AND NOT TO ALLOW AN INMATE THE RIGHT TO CONFRONTATION DURING THESE HEARINGS; TO AMEND SECTION 24-21-60, AS AMENDED, RELATING TO PUBLIC AGENCY AND OFFICIALS COOPERATING WITH THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO ELIMINATE THE DIRECTOR OF THE BOARD'S ABILITY TO CONDUCT SURVEYS OF CORRECTIONAL FACILITIES; TO AMEND SECTION 24-21-80, AS AMENDED, RELATING TO SUPERVISION FEES PAID BY PROBATIONERS AND PAROLEES, SO AS TO INCLUDE COMMUNITY SUPERVISION IN THE PROGRAMS COVERED BY SUPERVISION FEES, TO GRANT THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION THE AUTHORITY TO DETERMINE SUPERVISION FEES, TO MAKE PAYMENT OF A SUPERVISION FEE A CONDITION OF PROBATION, PAROLE, OR COMMUNITY SUPERVISION, TO SUBSTITUTE "DEPARTMENT" FOR "BOARD" AND "COMMUNITY SUPERVISION PROGRAM" FOR "SUPERVISED FURLOUGH PROGRAM", AND TO REVISE THE CONDITIONS FOR WHICH A PERSON MAY BE EXEMPTED FROM PAYING SUPERVISION FEES; TO AMEND SECTION 24-21-220, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO INCLUDE COMMUNITY SUPERVISION AMONG THE PROGRAMS HE MUST EMPLOY STAFF TO CARRY OUT HIS DUTIES; TO AMEND SECTION 24-21-230, AS AMENDED, RELATING TO THE EMPLOYMENT AND TRAINING AND EXAMINING OF PROBATION AGENTS AND CLERICAL ASSISTANTS, SO AS TO FURTHER PROVIDE FOR THE TRAINING AND EXAMINATION OF CERTAIN AGENTS; TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO REQUIRE PROBATION AGENTS TO PROVIDE PERSONS RELEASED ON PAROLE OR COMMUNITY SUPERVISION A WRITTEN STATEMENT OF THE TERMS OF THEIR RELEASE AND MAINTAIN CONTACT WITH AND ENCOURAGE THOSE IN COMMUNITY SUPERVISION TO IMPROVE THEIR CONDUCT AND CONDITION, AND TO MAKE PROBATION AGENTS OFFICIAL REPRESENTATIVES OF THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION AND THE BOARD OF PARDONS; TO AMEND SECTION 24-21-300, RELATING TO THE ISSUING OF A CITATION AND AFFIDAVIT THAT A PERSON RELEASED PURSUANT TO THE PRISON OVERCROWDING ACT IS IN VIOLATION OF HIS TERMS OF RELEASE, SO AS TO ALLOW PROBATION AGENTS TO ISSUE CITATIONS AND AFFIDAVITS TO COMMUNITY SUPERVISION RELEASEES, TO SUBSTITUTE "OFFENDER MANAGEMENT SYSTEMS ACT" FOR "PRISON OVERCROWDING POWERS ACT", AND TO ALLOW A CERTIFICATE OF SERVICE TO BE SUFFICIENT PROOF OF SERVICE THAT A CITATION HAS BEEN SERVED; TO AMEND SECTION 24-21-910, RELATING TO THE DUTY OF THE PROBATION, PAROLE, AND PARDON SERVICES BOARD WITH RESPECT TO REPRIEVES OR COMMUTATION OF DEATH SENTENCES, SO AS TO SUBSTITUTE "BOARD OF PARDONS" FOR "PROBATION, PAROLE, AND PARDON SERVICES BOARD"; TO AMEND SECTION 24-21-950, RELATING TO GUIDELINES FOR DETERMINING ELIGIBILITY FOR PARDONS, SO AS TO ALLOW A CRIME VICTIM OR A MEMBER OF A CONVICTED PERSON'S FAMILY TO PETITION FOR A PARDON FOR A PERSON WHO HAS COMPLETED COMMUNITY SUPERVISION OR HAS BEEN DISCHARGED FROM A SENTENCE AND TO ALLOW PERSONS DISCHARGED FROM A SENTENCE WITHOUT BENEFIT OF SUPERVISION BE CONSIDERED FOR A PARDON UPON THE REQUEST OF THE INDIVIDUAL ANYTIME AFTER DISCHARGE; TO AMEND SECTION 24-23-20, RELATING TO THE CASE CLASSIFICATION SYSTEM, SO AS TO MAKE TECHNICAL REVISIONS; TO AMEND SECTION 24-23-30, RELATING TO THE COMMUNITY CORRECTIONS PLAN, SO AS TO SUBSTITUTE "SUPERVISED PRISONERS" FOR "PAROLEES", TO INCLUDE COMMUNITY SUPERVISION PROGRAMS IN THE COMMUNITY CORRECTIONS PLAN, SUBSTITUTE "STATE PROBATION AGENTS" FOR "STATE PROBATION AND PAROLE AGENTS", AND TO SUBSTITUTE "COMMUNITY SUPERVISION" FOR "PAROLE"; TO AMEND SECTION 24-23-40, AS AMENDED, RELATING TO THE DEVELOPMENT OF A COMMUNITY CORRECTIONS PLAN, SO AS TO INCLUDE COMMUNITY SUPERVISION RELEASEES AMONG INDIVIDUALS OBTAINING TREATMENT UNDER THE PLAN AND TO ELIMINATE THE CONDUCT OF RESEARCH AND SPECIAL STUDIES ON THE ISSUE OF PAROLE OUTCOMES BY THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES; TO AMEND SECTION 24-23-115, AS AMENDED, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-23-130, AS AMENDED, RELATING TO THE TERMINATION OF SUPERVISION OF A PROBATIONER UPON RECOMMENDATION OF THE RESPONSIBLE COUNTY PROBATION OFFICE, SO AS TO ELIMINATE THE TWO-YEAR PERIOD A PROBATIONER OR SUPERVISED PRISONER MUST WAIT AFTER SATISFACTORILY COMPLETING THE CONDITIONS OF HIS PROBATION OR COMMUNITY SUPERVISION TO BECOME ELIGIBLE FOR TERMINATION OF SUPERVISION; TO AMEND SECTION 24-23-220, AS AMENDED, RELATING TO THE PAYMENT OF ASSESSMENTS AS A CONDITION OF PROBATION AND SUPERVISION FROM RELEASE FROM PRISON, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES", AND TO SUBSTITUTE "TREASURER" FOR "TREASURY"; TO REPEAL SECTION 24-1-200, RELATING TO THE DIRECTOR OF THE DEPARTMENT OF CORRECTION'S ABILITY TO INQUIRE INTO INMATE'S SENTENCES, THE CONDITIONS UNDER WHICH INMATES ARE CONFINED AND RECOMMENDATIONS FOR CLEMENCY; SECTION 24-13-60, RELATING TO THE REQUIREMENT THAT CLERKS OF COURT MUST NOTIFY THE DEPARTMENT OF CORRECTIONS OF THE NUMBER OF PERSONS CONVICTED EACH TERM; SECTION 24-13-270, RELATING TO THE PREMATURE RELEASE OF PRISONERS; SECTION 24-13-610, RELATING TO THE EXTENDED WORK RELEASE PROGRAM; SECTION 24-13-620, RELATING TO THE REQUIREMENTS OF EXTENDED WORK RELEASE PROGRAM PARTICIPANTS; SECTION 24-13-630, RELATING TO THE DUTIES OF THE DEPARTMENT OF CORRECTIONS REGARDING THE EXTENDED WORK RELEASE PROGRAM; SECTION 24-13-710, RELATING TO THE IMPLEMENTATION OF GUIDELINES AND ELIGIBILITY CRITERIA FOR THE SUPERVISED FURLOUGH PROGRAM; AND SECTION 24-13-720, RELATING TO INMATES WHO MAY BE PLACED IN A SUPERVISED FURLOUGH PROGRAM; TO DIRECT THE CODE COMMISSIONER TO MAKE APPROPRIATE REVISIONS TO THE CODE; AND TO SAVE PENDING MATTERS.

Rep. HARRISON proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9772BDW.95), which was adopted.

Amend the bill, as and if amended, Section 24-21-80, page 29, line 1, by striking /may shall/ and inserting /may/.

Amend title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

Rep. HARRISON proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\9773BDW.95), which was adopted.

Amend the bill, as and if amended, Section 16-3-1260, page 17, line 28, after /Corrections,/ by inserting /Department of Juvenile Justice,/

Amend title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

Rep. HARRISON proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\3605CM.95), which was adopted.

Amend the bill, as and if amended, page 10, SECTION 5, by inserting before /crimes/ on line 19 /a term in excess of one year for/.

Amend title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

Reps. WILKINS and HARRISON proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\DKA\3608CM.95), which was adopted.

Amend the bill, as and if amended, SECTION 9, page 12, line 8, by striking /twenty-five/ and inserting /thirty/.

Amend further, SECTION 9, page 12, line 28, by striking /twenty-five/ and inserting /thirty/.

Amend further, SECTION 9, page 15, line 29, by striking /twenty-five/ and inserting /thirty/.

Amend title to conform.

Rep. HARRISON explained the amendment.

Rep. SCOTT moved to table the amendment, which was not agreed to by a division vote of 15 to 81.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. LIMBAUGH proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\DKA\3238CM.95).

Amend the bill, as and if amended, SECTION 5, by inserting on page 10, line 35, /or the court/ after /department/.

Amend title to conform.

Rep. LIMBAUGH explained the amendment.

Rep. L. WHIPPER spoke against the amendment.

Rep. HARRISON moved to adjourn debate upon the amendment, which was adopted.

Reps. RICE, DAVENPORT and ROBINSON proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\DKA\3606CM.95).

Amend the bill, as and if amended, SECTION 1, page 8, by inserting after /services/ on line 37 /when the value of those services does not exceed the limit allowable for unlicensed contractors pursuant to the South Carolina Contractors Licensing Law/.

Amend further, SECTION 1, page 9, by inserting after the period on line 2 /Improvements of a structural, electrical, and mechanical nature must be designed by a qualified professional engineer and must be in compliance with applicable building codes. These improvements must be inspected and approved by a qualified professional engineer./

Amend title to conform.

Rep. DAVENPORT explained the amendment and moved to adjourn debate upon the amendment, which was adopted.

Rep. SCOTT proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\DKA\3595CM.95), which was tabled.

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

/SECTION __.     Section 24-13-1310(1) of the 1976 Code, as last amended by Act 520 of 1992, is further amended to read:

"(1) 'Eligible inmate' means a person committed to the South Carolina Department of Corrections:

(a)     who has not reached the age of thirty thirty-two years at the time of admission to the department;

(b)     who is eligible for release on parole in two years or less;

(c)     who has not been convicted of a violent crime as defined in Section 16-1-60;

(d)(c)     who has not been incarcerated previously in a state correctional facility or has not served a sentence previously in a shock incarceration program;

(e)(d)     who physically is able to participate in the program;

(f)(e)     whose sentence specifically does not prohibit the offender from participating in the shock incarceration program."/

Renumber sections to conform.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. HARRISON moved to table the amendment, which was agreed to by a division vote of 72 to 16.

Rep. SCOTT proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\DKA\3602CM.95).

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

/SECTION __.     The 1976 Code is amended by adding:

"Section 24-3-36.     The Department of Corrections shall designate a separate place of confinement for inmates who are seventy-one years of age or older."/

Renumber sections to conform.

Amend title to conform.

Rep. SCOTT explained the amendment.

Reps. HUFF, HASKINS, MEACHAM, SCOTT, NEAL, HOWARD, TRIPP, MARCHBANKS, FAIR and HERDKLOTZ objected to the Bill.

H. 3238--OBJECTIONS WITHDRAWN

Reps. SCOTT, NEAL and HOWARD withdrew their objections to H. 3238 however, other objections remained upon the Bill.

H. 3137--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 3137 -- Reps. Inabinett, Walker, Vaughn, Simrill, Meacham, Stille, Hines, Robinson, Baxley, Lloyd and Stuart: A CONCURRENT RESOLUTION DESIGNATING THE FIRST THURSDAY IN MAY (MAY 4, 1995) AS "LEGISLATIVE FAMILY DAY 1995" IN RECOGNITION AND APPRECIATION OF THE PATIENCE AND UNDERSTANDING SHOWN BY THE FAMILIES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE WONDERFUL SUPPORT GIVEN BY THESE GREAT FAMILIES TO THE MEMBERS AS THEY CARRY OUT THEIR LEGISLATIVE DUTIES, AND INVITING A FAMILY MEMBER OF EACH MEMBER OF THE GENERAL ASSEMBLY TO THE STATE HOUSE AS SPECIAL GUESTS OF THE GENERAL ASSEMBLY TO ATTEND AND OBSERVE THE RESPECTIVE SESSIONS IN THE SENATE AND THE HOUSE OF REPRESENTATIVES ON "LEGISLATIVE FAMILY DAY 1995".

Whereas, the families of the members of the General Assembly make tremendous sacrifices when their loved ones go to Columbia week after week during a large part of each year to render legislative services to the people of the State and the citizens of their respective districts who elected them to public office; and

Whereas, these are sacrifices that the families of legislators nobly and willingly make for the good of the State; and

Whereas, the members of the House of Representatives and the Senate should be, and are, truly appreciative of the patience, understanding, and support given them by their loved ones back home and feel strongly that the legislative families deserve recognition and thanks in a very special manner. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, designate the first Thursday in May (May 4, 1995) as "Legislative Family Day 1995" in recognition and appreciation of the patience and understanding shown by the families of the members of the General Assembly and the wonderful support given by these great families to the members as they carry out their legislative duties.

Be it further resolved that each member of the General Assembly invite a member of his or her family to the State House as special guests of the General Assembly to attend and observe the respective sessions in the Senate and the House of Representatives on "Legislative Family Day 1995".

The Concurrent Resolution was adopted and ordered sent to the Senate.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. HUFF.

H. 3238--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3238 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-435 SO AS TO ALLOW LOCAL GOVERNMENTS, SCHOOL DISTRICTS, AND CHARITABLE ORGANIZATIONS TO USE INMATES TO PERFORM CONSTRUCTION, REPAIR, AND MAINTENANCE SERVICES; BY ADDING SECTION 24-13-100 SO AS TO PROVIDE THE CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE; BY ADDING SECTION 24-13-150 SO AS TO PROVIDE THE CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE; BY ADDING SECTION 24-13-175 SO AS TO PROVIDE THAT SENTENCES IMPOSED AND TIME SERVED BE COMPUTED BASED UPON A THREE HUNDRED AND SIXTY-FIVE DAY YEAR; BY ADDING SECTION 24-21-560 SO AS TO PROVIDE A PERSON WHO COMMITS A CRIME SATISFACTORILY COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE HIS RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO NOTIFY THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION OF AN INMATE'S PROJECTED RELEASE DATE, AND TO REQUIRE THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION TO NOTIFY VICTIMS AND THE LOCAL SHERIFF'S OFFICE OF THE PLACE WHERE THE INMATE IS TO BE RELEASED WHEN HE IS PLACED IN COMMUNITY SUPERVISION; TO AMEND SECTIONS 1-30-10 AND 1-30-85, RELATING TO DEPARTMENTS RESTRUCTURED WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF PROBATION, PARDON AND PAROLE TO THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION, RESPECTIVELY; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE SEPARATE SENTENCING PROCEEDING TO DETERMINE WHETHER A SENTENCE SHOULD BE DEATH OR LIFE IMPRISONMENT FOR A PERSON CONVICTED OF MURDER, SO AS TO REVISE THE TERMS OF IMPRISONMENT THAT MAY BE IMPOSED DURING THIS PROCEEDING; TO AMEND SECTION 16-3-625, RELATING TO RESISTING ARREST WITH A DEADLY WEAPON, SO AS TO REVISE THE AGE OF A PERSON WHO MAY BE CHARGED WITH THE CRIME, REVISE THE PENALTY, AND TO REVISE THE DEFINITION OF "DEADLY WEAPON"; TO AMEND SECTION 16-3-1180, AS AMENDED, RELATING TO THE COMPENSATION OF CRIME VICTIMS, SO AS TO REVISE THE MAXIMUM AWARD A CRIME VICTIM MAY RECEIVE; TO AMEND SECTION 16-3-1260, RELATING TO THE REIMBURSEMENT OF THE STATE BY A CONVICTED PERSON FOR PAYMENT FROM THE VICTIM'S COMPENSATION FUND, SO AS TO ELIMINATE THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS' RIGHT TO MAKE PAYMENT OF THE DEBT OR A PORTION OF THE DEBT A CONDITION OF PAROLE, TO SUBSTITUTE "STATE OFFICE OF VICTIM ASSISTANCE" FOR "VICTIM'S COMPENSATION FUND" AND TO SUBSTITUTE "SOUTH CAROLINA DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "SOUTH CAROLINA BOARD OF PAROLE AND COMMUNITY CORRECTIONS"; TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES", TO ALLOW THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION AND THE DEPARTMENT OF CORRECTIONS TO DISCLOSE BETWEEN THE TWO DEPARTMENTS INFORMATION PROVIDED TO VICTIMS AND WITNESSES, AND TO ELIMINATE RESTITUTION AS A CONDITION OF PAROLE; TO AMEND SECTION 16-3-1550, AS AMENDED, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO SUBSTITUTE THE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR THE "PAROLE AND COMMUNITY CORRECTIONS BOARD"; TO AMEND SECTION 16-11-311, RELATING TO BURGLARY IN THE FIRST DEGREE, SO AS TO ELIMINATE PAROLE FOR THE COMMISSION OF THE CRIME; TO AMEND SECTION 17-25-45, RELATING TO A SOLICITOR'S DISCRETION TO INVOKE A LIFE SENTENCE UPON A PERSON CONVICTED THREE TIMES FOR CERTAIN CRIMES, SO AS TO REDUCE THE NUMBER OF PRIOR CONVICTIONS TO TWO BEFORE A LIFE SENTENCE MAY BE IMPOSED, EXCEPT FOR A CRIME FOR WHICH A SENTENCE OF DEATH HAS BEEN IMPOSED, TO DEFINE "LIFE IMPRISONMENT", AND REQUIRE THE SOLICITOR TO GIVE WRITTEN NOTICE OF HIS DECISIONS TO INVOKE SENTENCING UNDER THIS PROVISION BEFORE TRIAL; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO A PRISONER'S PLACE OF CONFINEMENT, SO AS TO SUBSTITUTE "STATE CORRECTIONAL FACILITY" FOR "STATE PENITENTIARY"; TO ALLOW AN INMATE'S SENTENCE TO RUN CONCURRENTLY WITH A SENTENCE RENDERED IN ANOTHER STATE OR A SENTENCE RENDERED ON THE FEDERAL LEVEL, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO NOTIFY THE SOLICITOR, SHERIFF, JUDGE, AND REGISTERED VICTIMS BEFORE RELEASING INMATES ON WORK RELEASE, TO ALLOW THE DEPARTMENT TO DENY WORK RELEASE BASED ON OPINIONS RECEIVED FROM THESE INDIVIDUALS, AND TO ALLOW INMATES TO PARTICIPATE IN THE DEPARTMENT OF CORRECTIONS RESTITUTION PROGRAM; TO AMEND SECTION 24-3-410, AS AMENDED, RELATING TO THE SALE OF PRISON-MADE PRODUCTS, SO AS TO ADD THE TERM "COMMUNITY SUPERVISION"; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO REDUCTION OF A SENTENCE FOR GOOD BEHAVIOR, SO AS TO MODIFY THE PROCEDURE FOR COMPUTING GOOD BEHAVIOR CREDITS, TO ELIMINATE AN INMATE'S ABILITY TO HAVE SERVED A FULL SENTENCE WHEN HE HAS SERVED THE TERM FOR WHICH HE WAS SENTENCED, LESS CREDIT FOR GOOD BEHAVIOR, AND TO PROVIDE THAT CREDITS EARNED UNDER THIS SECTION MAY NOT BE APPLIED TO PREVENT FULL PARTICIPATION IN A COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO REDUCTION OF A SENTENCE FOR PARTICIPATION IN AN ACADEMIC, TECHNICAL, OR VOCATIONAL TRAINING PROGRAM, SO AS TO MODIFY THE PROCEDURE FOR COMPUTING ACADEMIC AND WORK CREDITS, TO REDUCE THE MAXIMUM ANNUAL CREDIT FOR BOTH WORK CREDIT AND ACADEMIC CREDIT, TO NOT ALLOW A REDUCTION IN SENTENCE BELOW CERTAIN MINIMUMS, AND TO PROVIDE NO CREDIT EARNED UNDER THIS SECTION MAY BE APPLIED TO PREVENT FULL PARTICIPATION IN A COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-13-1320, AS AMENDED, RELATING TO THE SHOCK INCARCERATION SELECTION COMMITTEE, SO AS TO SUBSTITUTE "DIRECTOR" FOR "COMMISSIONER" AND SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; AND TO AMEND SECTION 24-13-1330, AS AMENDED, RELATING TO AN INMATE'S PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, SO AS TO MODIFY THE PROCEDURE AN INMATE IS CONSIDERED FOR PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, TO SUBSTITUTE "DIRECTOR" FOR "COMMISSIONER", TO ELIMINATE PAROLE FOR INMATES WHO COMPLETE THE SHOCK INCARCERATION PROGRAM, BUT REQUIRE THEM TO BE RELEASED TO COMMUNITY SUPERVISION AND TO PAY RESTITUTION IF APPLICABLE; TO AMEND SECTION 24-13-1520, AS AMENDED, RELATING TO DEFINITIONS UNDER "HOME DETENTION ACT", SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SERVICES" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO THE PROVISION THAT PROBATION AND PAROLE AUTHORITY IS NOT DIMINISHED BY ANY PROVISION OF THE "HOME DETENTION ACT", SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES", AND TO NOT DIMINISH THE AUTHORITY OF THE COURTS, THE DEPARTMENT OF JUVENILE JUSTICE, OR THE DEPARTMENT OF PROBATION AND COMMUNITY SERVICES TO REGULATE OR IMPOSE CONDITIONS ON COMMUNITY SUPERVISION; TO AMEND SECTION 24-19-160, AS AMENDED, RELATING TO THE PROVISIONS THAT THE COURTS' POWERS AND THE JURISDICTION OF THE PROBATION, PAROLE, AND PARDON BOARD ARE NOT AFFECTED BY THE DEPARTMENT OF CORRECTION'S TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SERVICES" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES" AND TO ELIMINATE THE PROVISION THAT MAKES FOR PAROLE PURPOSES A SENTENCE PURSUANT TO SECTION 24-19-5, SIX YEARS; TO AMEND SECTION 24-21-10, AS AMENDED, RELATING TO THE STRUCTURE OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES AND THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES" AND SUBSTITUTE "BOARD OF PARDONS" FOR "BOARD OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-21-13, AS AMENDED, RELATING TO THE DUTIES OF THE DIRECTOR AND BOARD OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO REQUIRE THE DIRECTOR TO DEVELOP POLICIES AND PROCEDURE TO PLACE AND SUPERVISE OFFENDERS ON COMMUNITY SUPERVISION, TO DEFINE COMMUNITY SUPERVISION AND AN INMATE'S RIGHT TO BE PLACED IN THIS PROGRAM, AND TO LIMIT THE CASES THE BOARD MUST CONSIDER; TO AMEND SECTION 24-21-30, RELATING TO THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES MEETINGS, SO AS TO ELIMINATE GRANTING PAROLE TO INMATES WHO COMMIT A CRIME AFTER JUNE 30, 1996, AND TO MODIFY THE PROCEDURE FOR GRANTING PAROLES; TO AMEND SECTION 24-21-50, RELATING TO HEARINGS, ARGUMENTS, AND APPEARANCES BEFORE THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO LIMIT THE BOARD TO CONSIDER ONLY HEARINGS FOR PAROLE OR PARDONS AND NOT TO ALLOW AN INMATE THE RIGHT TO CONFRONTATION DURING THESE HEARINGS; TO AMEND SECTION 24-21-60, AS AMENDED, RELATING TO PUBLIC AGENCY AND OFFICIALS COOPERATING WITH THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO ELIMINATE THE DIRECTOR OF THE BOARD'S ABILITY TO CONDUCT SURVEYS OF CORRECTIONAL FACILITIES; TO AMEND SECTION 24-21-80, AS AMENDED, RELATING TO SUPERVISION FEES PAID BY PROBATIONERS AND PAROLEES, SO AS TO INCLUDE COMMUNITY SUPERVISION IN THE PROGRAMS COVERED BY SUPERVISION FEES, TO GRANT THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION THE AUTHORITY TO DETERMINE SUPERVISION FEES, TO MAKE PAYMENT OF A SUPERVISION FEE A CONDITION OF PROBATION, PAROLE, OR COMMUNITY SUPERVISION, TO SUBSTITUTE "DEPARTMENT" FOR "BOARD" AND "COMMUNITY SUPERVISION PROGRAM" FOR "SUPERVISED FURLOUGH PROGRAM", AND TO REVISE THE CONDITIONS FOR WHICH A PERSON MAY BE EXEMPTED FROM PAYING SUPERVISION FEES; TO AMEND SECTION 24-21-220, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO INCLUDE COMMUNITY SUPERVISION AMONG THE PROGRAMS HE MUST EMPLOY STAFF TO CARRY OUT HIS DUTIES; TO AMEND SECTION 24-21-230, AS AMENDED, RELATING TO THE EMPLOYMENT AND TRAINING AND EXAMINING OF PROBATION AGENTS AND CLERICAL ASSISTANTS, SO AS TO FURTHER PROVIDE FOR THE TRAINING AND EXAMINATION OF CERTAIN AGENTS; TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO REQUIRE PROBATION AGENTS TO PROVIDE PERSONS RELEASED ON PAROLE OR COMMUNITY SUPERVISION A WRITTEN STATEMENT OF THE TERMS OF THEIR RELEASE AND MAINTAIN CONTACT WITH AND ENCOURAGE THOSE IN COMMUNITY SUPERVISION TO IMPROVE THEIR CONDUCT AND CONDITION, AND TO MAKE PROBATION AGENTS OFFICIAL REPRESENTATIVES OF THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION AND THE BOARD OF PARDONS; TO AMEND SECTION 24-21-300, RELATING TO THE ISSUING OF A CITATION AND AFFIDAVIT THAT A PERSON RELEASED PURSUANT TO THE PRISON OVERCROWDING ACT IS IN VIOLATION OF HIS TERMS OF RELEASE, SO AS TO ALLOW PROBATION AGENTS TO ISSUE CITATIONS AND AFFIDAVITS TO COMMUNITY SUPERVISION RELEASEES, TO SUBSTITUTE "OFFENDER MANAGEMENT SYSTEMS ACT" FOR "PRISON OVERCROWDING POWERS ACT", AND TO ALLOW A CERTIFICATE OF SERVICE TO BE SUFFICIENT PROOF OF SERVICE THAT A CITATION HAS BEEN SERVED; TO AMEND SECTION 24-21-910, RELATING TO THE DUTY OF THE PROBATION, PAROLE, AND PARDON SERVICES BOARD WITH RESPECT TO REPRIEVES OR COMMUTATION OF DEATH SENTENCES, SO AS TO SUBSTITUTE "BOARD OF PARDONS" FOR "PROBATION, PAROLE, AND PARDON SERVICES BOARD"; TO AMEND SECTION 24-21-950, RELATING TO GUIDELINES FOR DETERMINING ELIGIBILITY FOR PARDONS, SO AS TO ALLOW A CRIME VICTIM OR A MEMBER OF A CONVICTED PERSON'S FAMILY TO PETITION FOR A PARDON FOR A PERSON WHO HAS COMPLETED COMMUNITY SUPERVISION OR HAS BEEN DISCHARGED FROM A SENTENCE AND TO ALLOW PERSONS DISCHARGED FROM A SENTENCE WITHOUT BENEFIT OF SUPERVISION BE CONSIDERED FOR A PARDON UPON THE REQUEST OF THE INDIVIDUAL ANYTIME AFTER DISCHARGE; TO AMEND SECTION 24-23-20, RELATING TO THE CASE CLASSIFICATION SYSTEM, SO AS TO MAKE TECHNICAL REVISIONS; TO AMEND SECTION 24-23-30, RELATING TO THE COMMUNITY CORRECTIONS PLAN, SO AS TO SUBSTITUTE "SUPERVISED PRISONERS" FOR "PAROLEES", TO INCLUDE COMMUNITY SUPERVISION PROGRAMS IN THE COMMUNITY CORRECTIONS PLAN, SUBSTITUTE "STATE PROBATION AGENTS" FOR "STATE PROBATION AND PAROLE AGENTS", AND TO SUBSTITUTE "COMMUNITY SUPERVISION" FOR "PAROLE"; TO AMEND SECTION 24-23-40, AS AMENDED, RELATING TO THE DEVELOPMENT OF A COMMUNITY CORRECTIONS PLAN, SO AS TO INCLUDE COMMUNITY SUPERVISION RELEASEES AMONG INDIVIDUALS OBTAINING TREATMENT UNDER THE PLAN AND TO ELIMINATE THE CONDUCT OF RESEARCH AND SPECIAL STUDIES ON THE ISSUE OF PAROLE OUTCOMES BY THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES; TO AMEND SECTION 24-23-115, AS AMENDED, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-23-130, AS AMENDED, RELATING TO THE TERMINATION OF SUPERVISION OF A PROBATIONER UPON RECOMMENDATION OF THE RESPONSIBLE COUNTY PROBATION OFFICE, SO AS TO ELIMINATE THE TWO-YEAR PERIOD A PROBATIONER OR SUPERVISED PRISONER MUST WAIT AFTER SATISFACTORILY COMPLETING THE CONDITIONS OF HIS PROBATION OR COMMUNITY SUPERVISION TO BECOME ELIGIBLE FOR TERMINATION OF SUPERVISION; TO AMEND SECTION 24-23-220, AS AMENDED, RELATING TO THE PAYMENT OF ASSESSMENTS AS A CONDITION OF PROBATION AND SUPERVISION FROM RELEASE FROM PRISON, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES", AND TO SUBSTITUTE "TREASURER" FOR "TREASURY"; TO REPEAL SECTION 24-1-200, RELATING TO THE DIRECTOR OF THE DEPARTMENT OF CORRECTION'S ABILITY TO INQUIRE INTO INMATE'S SENTENCES, THE CONDITIONS UNDER WHICH INMATES ARE CONFINED AND RECOMMENDATIONS FOR CLEMENCY; SECTION 24-13-60, RELATING TO THE REQUIREMENT THAT CLERKS OF COURT MUST NOTIFY THE DEPARTMENT OF CORRECTIONS OF THE NUMBER OF PERSONS CONVICTED EACH TERM; SECTION 24-13-270, RELATING TO THE PREMATURE RELEASE OF PRISONERS; SECTION 24-13-610, RELATING TO THE EXTENDED WORK RELEASE PROGRAM; SECTION 24-13-620, RELATING TO THE REQUIREMENTS OF EXTENDED WORK RELEASE PROGRAM PARTICIPANTS; SECTION 24-13-630, RELATING TO THE DUTIES OF THE DEPARTMENT OF CORRECTIONS REGARDING THE EXTENDED WORK RELEASE PROGRAM; SECTION 24-13-710, RELATING TO THE IMPLEMENTATION OF GUIDELINES AND ELIGIBILITY CRITERIA FOR THE SUPERVISED FURLOUGH PROGRAM; AND SECTION 24-13-720, RELATING TO INMATES WHO MAY BE PLACED IN A SUPERVISED FURLOUGH PROGRAM; TO DIRECT THE CODE COMMISSIONER TO MAKE APPROPRIATE REVISIONS TO THE CODE; AND TO SAVE PENDING MATTERS.

AMENDMENT NO. 9--TABLED

Debate was resumed on Amendment No. 9, by Rep. SCOTT.

Rep. A. YOUNG moved to table the amendment, which was agreed to by a division vote of 67 to 14.

Rep. SCOTT proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\DKA\3603CM.95), which was tabled.

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

/SECTION __.     The 1976 Code is amended by adding:

"Section 24-3-36.     The Department of Corrections shall designate a separate place of confinement for inmates who are seventy-five years of age or older."/

Renumber sections to conform.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. HUFF moved to table the amendment, which was agreed to by a division vote of 71 to 12.

Rep. SCOTT proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\DKA\3604CM.95), which was tabled.

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

/SECTION __.     The 1976 Code is amended by adding:

"Section 24-3-36.     The Department of Corrections shall designate a separate place of confinement for inmates who are eighty years of age or older."/

Renumber sections to conform.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. A. YOUNG moved to table the amendment, which was agreed to.

Rep. SCOTT proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\DKA\3600CM.95), which was tabled.

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

/SECTION __.     The 1976 Code is amended by adding:

"Section 24-13-155.     (A)     The Department of Corrections must provide an inmate serving a sentence pursuant to Section 24-13-150(A)(1) opportunities to prepare him to obtain a GED or high school diploma before he may become eligible to participate in a community supervision program.

(B)     An inmate subject to the provisions of this section must obtain a GED or high school diploma before he may participate in a community supervision program."/

Renumber sections to conform.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. HARRISON moved to table the amendment.

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

The amendment was then tabled by a division vote of 64 to 23.

LEAVE OF ABSENCE

The SPEAKER granted Rep. FAIR a leave of absence for the remainder of the day.

Rep. SCOTT proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\BBM\9774CM.95), which was tabled.

Amend the bill, as and if amended, SECTION 27, page 26, line 18, by inserting after /years/ /with a maximum service of two terms/.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. HARRISON moved to table the amendment.

Rep. L. WHIPPER demanded the yeas and nays, which were taken resulting as follows:

Yeas 64; Nays 44

Those who voted in the affirmative are:

Allison                Bailey                 Boan
Brown, H.              Cain                   Cato
Dantzler               Easterday              Elliott
Felder                 Fleming                Fulmer
Hallman                Harrell                Harris, J.
Harris, P.             Harrison               Harvin
Haskins                Herdklotz              Huff
Hutson                 Jaskwhich              Kelley
Kinon                  Klauber                Knotts
Lanford                Law                    Limehouse
Littlejohn             Marchbanks             Mason
McAbee                 McCraw                 Quinn
Rhoad                  Rice                   Riser
Robinson               Sandifer               Seithel
Smith, D.              Smith, R.              Stille
Stoddard               Stuart                 Thomas
Townsend               Tripp                  Trotter
Tucker                 Vaughn                 Walker
Wells                  Whatley                Wilder
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young, A.
Young, J.

Total--64

Those who voted in the negative are:

Anderson               Baxley                 Beatty
Breeland               Brown, G.              Brown, J.
Brown, T.              Byrd                   Cave
Clyburn                Cobb-Hunter            Cooper
Cotty                  Cromer                 Delleney
Gamble                 Govan                  Hines
Howard                 Inabinett              Jennings
Keegan                 Kennedy                Keyserling
Kirsh                  Koon                   Lloyd
McElveen               McKay                  McTeer
Meacham                Moody-Lawrence         Neal
Phillips               Richardson             Rogers
Scott                  Sheheen                Shissias
Simrill                Spearman               Whipper, L.
Whipper, S.            Williams

Total--44

So, the amendment was tabled.

Rep. SCOTT proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\DKA\3596CM.95), which was adopted.

Amend the bill, as and if amended, SECTION 27, page 26, line 18, by striking /six years/ and inserting /six years four years with a maximum service of three terms/.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. SIMRILL spoke in favor of the amendment.

Rep. HARRISON moved to table the amendment.

Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:

Yeas 54; Nays 59

Those who voted in the affirmative are:

Allison                Boan                   Brown, G.
Brown, H.              Cain                   Cato
Dantzler               Davenport              Easterday
Fleming                Fulmer                 Hallman
Harrell                Harris, J.             Harris, P.
Harrison               Harvin                 Harwell
Haskins                Herdklotz              Hodges
Huff                   Hutson                 Jaskwhich
Kinon                  Klauber                Lanford
Law                    Limehouse              Littlejohn
Marchbanks             Martin                 Meacham
Quinn                  Riser                  Robinson
Sandifer               Seithel                Sharpe
Smith, D.              Smith, R.              Stoddard
Stuart                 Thomas                 Trotter
Walker                 Wells                  Whatley
Whipper, S.            Wilkins                Witherspoon
Wofford                Young, A.              Young, J.

Total--54

Those who voted in the negative are:

Anderson               Askins                 Bailey
Baxley                 Beatty                 Breeland
Brown, J.              Brown, T.              Byrd
Cave                   Chamblee               Clyburn
Cobb-Hunter            Cooper                 Cotty
Cromer                 Delleney               Elliott
Gamble                 Govan                  Hines
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Keyserling             Kirsh                  Knotts
Koon                   Lloyd                  Mason
McCraw                 McElveen               McKay
McTeer                 Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Rice                   Richardson             Rogers
Scott                  Sheheen                Shissias
Simrill                Spearman               Stille
Townsend               Tripp                  Tucker
Vaughn                 Whipper, L.            Wilder
Williams               Wright

Total--59

So, the House refused to table the amendment.

POINT OF ORDER

Rep. LITTLEJOHN raised the Point of Order that Amendment No. 15 was out of order as it was not germane.

SPEAKER WILKINS stated that it dealt with the board and the terms of office in the Bill for six years and that it just put a limitation on that and that it was germane and he overruled the Point of Order.

The question then recurred to the adoption of the amendment, which was agreed to.

RECORD FOR NOT VOTING

I did not vote on Amendment 15 to H. 3238 because my mother-in-law
is a member of the Parole Board.

Rep. L. HUNTER LIMBAUGH

Rep. SCOTT proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\DKA\3577CM.95), which was tabled.

Amend the bill, as and if amended, SECTION 9, by striking Section 16-3-20(C)(a), beginning on line 8 of page 13, and inserting:

/(a)     Aggravating circumstances:

(1)     The murder was committed while in the commission of the following crimes or acts:

(a)     criminal sexual conduct in any degree;

(b)     kidnapping;

(c)     burglary in any degree;

(d)     robbery while armed with a deadly weapon;

(e)     larceny with use of a deadly weapon;

(f)     killing by poison;

(g)     drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445; or

(h)     physical torture.

(2)     The murder was committed by a person with a prior conviction for murder.

(3)     The offender by his act of murder knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which normally would be hazardous to the lives of more than one person.

(4)     The offender committed the murder for himself or another for the purpose of receiving money or a thing of monetary value.

(5)     The murder of a state or local public official not listed in subitems (6) and (8).

(5)(6)     The murder of a judicial officer, former judicial officer, solicitor, former solicitor, or other officer of the court during or because of the exercise of his official duty.

(6)(7)     The offender caused or directed another to commit murder or committed murder as an agent or employee of another person.

(7)(8)     The murder of a federal, state, or local law enforcement officer, peace officer or former peace officer, corrections employee or former corrections employee, or fireman or former fireman during or because of the performance of his official duties.

(8)(9)     The murder of a family member of an official listed in subitems (5), (6), and (7) (8) above with the intent to impede or retaliate against the official. 'Family member' means a spouse, parent, brother, sister, child, or person to whom the official stands in the place of a parent, or a person living in the official's household and related to him by blood or marriage.

(9)(10)     Two or more persons were murdered by the defendant by one act or pursuant to one scheme or course of conduct.

(10)(11)     The murder of a child eleven years of age or under./

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. HARRISON moved to table the amendment.

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

The amendment was then tabled by a division vote of 83 to 13.

Rep. SCOTT proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\DKA\3592CM.95), which was tabled.

Amend the bill, as and if amended, SECTION 16, page 19, line 31, by deleting /until death/ and inserting /forty years of continuous incarceration for an inmate seventy-one years of age or older/.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. A. YOUNG moved to table the amendment, which was agreed to.

Rep. SCOTT proposed the following Amendment No. 20 (Doc Name L:\council\legis\amend\DKA\3594CM.95), which was tabled.

Amend the bill, as and if amended, SECTION 16, page 19, line 31, by deleting /until death/ and inserting /forty years of continuous incarceration for an inmate eighty-five years of age or older/.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. A. YOUNG moved to table the amendment.

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

The amendment was then tabled by a division vote of 75 to 17.

Rep. HARRISON proposed the following Amendment No. 21 (Doc Name L:\council\legis\amend\GJK\21259AC.95), which was adopted.

Amend the bill, as and if amended, by deleting SECTION 9 and inserting:

/SECTION     9.     Section 16-3-20 of the 1976 Code, as last amended by Act 488 of 1992, is further amended to read:

"Section 16-3-20.     (A) A person who is convicted of or pleads guilty to murder must be punished by death, or by imprisonment for life, and is not eligible for parole until the service of twenty years; provided, however, that when or by a mandatory minimum of thirty years. If the State seeks the death penalty and an a statutory aggravating circumstance is specifically found beyond a reasonable doubt pursuant to subsections (B) and (C), and a recommendation of death is not made, the court trial judge must impose a sentence of life imprisonment. without eligibility for parole until the service of thirty years. For purposes of this section, 'life' means until death. Provided, further, that Under no circumstances may a female who is pregnant with child be executed so long as she is in that condition pregnant. When the Governor commutes a sentence of death under the provisions of Section 14 of Article IV of the Constitution of South Carolina, 1895, the commutee is not eligible for parole. No person sentenced under the provisions of this subsection may receive any work-release credits, good-time credits, or any other credit that would reduce the mandatory imprisonment required by this subsection.

(B)     When the State seeks the death penalty, upon conviction or adjudication of guilt of a defendant of murder, the court shall conduct a separate sentencing proceeding. In the proceeding, if a statutory aggravating circumstance is found, the defendant must be sentenced to either death or life imprisonment. If no statutory aggravating circumstance is found, the defendant must be sentenced to either life imprisonment or a mandatory minimum of thirty years. to determine whether the defendant should be sentenced to death or life imprisonment. The proceeding shall must be conducted by the trial judge before the trial jury as soon as practicable after the lapse of twenty-four hours unless waived by the defendant. If trial by jury has been waived by the defendant and the State, or if the defendant pleaded guilty, the sentencing proceeding shall must be conducted before the court judge. In the sentencing proceeding, the jury or judge shall hear additional evidence in extenuation, mitigation, or aggravation of the punishment. Only such evidence in aggravation as the State has made known to informed the defendant in writing prior to before the trial shall be is admissible. This section shall must not be construed to authorize the introduction of any evidence secured in violation of the Constitutions of the United States or the State of South Carolina or the applicable laws of either. The State, the defendant, and his counsel shall be are permitted to present arguments for or against the sentence to be imposed. The defendant and his counsel shall have the closing argument regarding the sentence to be imposed.

(C)     The judge shall consider, or he shall include in his instructions to the jury for it to consider, any mitigating circumstances otherwise authorized or allowed by law and any of the following statutory aggravating and mitigating circumstances which may be supported by the evidence:

(a)     Statutory aggravating circumstances:

(1)     The murder was committed while in the commission of the following crimes or acts:

(a)     criminal sexual conduct in any degree;

(b)     kidnapping;

(c)     burglary in any degree;

(d)     robbery while armed with a deadly weapon;

(e)     larceny with use of a deadly weapon;

(f)     killing by poison;

(g)     drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445; or

(h)     physical torture.

(2)     The murder was committed by a person with a prior conviction for murder.

(3)     The offender by his act of murder knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which normally would be hazardous to the lives of more than one person.

(4)     The offender committed the murder for himself or another for the purpose of receiving money or a thing of monetary value.

(5)     The murder of a judicial officer, former judicial officer, solicitor, former solicitor, or other officer of the court during or because of the exercise of his official duty.

(6)     The offender caused or directed another to commit murder or committed murder as an agent or employee of another person.

(7)     The murder of a federal, state, or local law enforcement officer, peace officer or former peace officer, corrections employee or former corrections employee, or fireman or former fireman during or because of the performance of his official duties.

(8)     The murder of a family member of an official listed in subitems (5) and (7) above with the intent to impede or retaliate against the official. 'Family member' means a spouse, parent, brother, sister, child, or person to whom the official stands in the place of a parent, or a person living in the official's household and related to him by blood or marriage.

(9)     Two or more persons were murdered by the defendant by one act or pursuant to one scheme or course of conduct.

(10)     The murder of a child eleven years of age or under.

(b)     Mitigating circumstances:

(1)     The defendant has no significant history of prior criminal conviction involving the use of violence against another person.

(2)     The murder was committed while the defendant was under the influence of mental or emotional disturbance.

(3)     The victim was a participant in the defendant's conduct or consented to the act.

(4)     The defendant was an accomplice in the murder committed by another person and his participation was relatively minor.

(5)     The defendant acted under duress or under the domination of another person.

(6)     The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired.

(7)     The age or mentality of the defendant at the time of the crime.

(8)     The defendant was provoked by the victim into committing the murder.

(9)     The defendant was below the age of eighteen at the time of the crime.

(10)     The defendant had mental retardation at the time of the crime. 'Mental retardation' means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.

The statutory instructions as to statutory aggravating and mitigating circumstances shall must be given in charge and in writing to the jury for its deliberation. The jury, if its verdict be is a recommendation of death, shall designate in writing, and signed by all members of the jury, the statutory aggravating circumstance or circumstances which it found beyond a reasonable doubt. The jury, if it does not recommend death, after finding an a statutory aggravating circumstance or circumstances beyond a reasonable doubt, shall designate, in writing, and signed by all members of the jury, designate the statutory aggravating circumstance or circumstances it found beyond a reasonable doubt. In nonjury cases the judge shall make such makes the designation. Unless at least one of the statutory aggravating circumstances enumerated in this section is so found, the death penalty shall must not be imposed.

Where a statutory aggravating circumstance is found and a recommendation of death is made, the court trial judge shall sentence the defendant to death. The trial judge, prior to before imposing the death penalty, shall find as an affirmative fact that the death penalty was warranted under the evidence of the case and was not a result of prejudice, passion, or any other another arbitrary factor. Where a statutory aggravating circumstance is found and a sentence of death is not recommended by the jury, the court trial judge shall sentence the defendant to life imprisonment as provided in subsection (A). In the event that all members of the jury after a reasonable deliberation cannot agree on a recommendation as to whether or not the death sentence should be imposed on a defendant found guilty of murder, the trial judge shall dismiss such jury and shall sentence the defendant to life imprisonment as provided in subsection (A). Before dismissing the jury, the trial judge shall question the jury as to whether or not it found an aggravating circumstance or circumstances beyond a reasonable doubt. If the jury has found an aggravating circumstance or circumstances beyond a reasonable doubt, the jury shall designate this finding, in writing, signed by all the members of the jury. The jury shall not recommend the death penalty if the vote for such penalty is not unanimous as provided. Before dismissing the jury, the trial judge shall question the jury as to whether or not it found a statutory aggravating circumstance or circumstances beyond a reasonable doubt. If the jury does not unanimously find any statutory aggravating circumstances or circumstances beyond a reasonable doubt, it shall not make a sentencing recommendation. Where a statutory aggravating circumstance is not found, the trial judge shall sentence the defendant to either life imprisonment or a mandatory minimum of thirty years. If the jury has found a statutory aggravating circumstance or circumstances beyond a reasonable doubt, the jury shall designate this finding, in writing, signed by all the members of the jury. The jury shall not recommend the death penalty if the vote for such penalty is not unanimous as provided. If members of the jury after a reasonable deliberation cannot agree on a recommendation as to whether or not the death sentence should be imposed on a defendant found guilty of murder, the trial judge shall dismiss such jury and shall sentence the defendant to life imprisonment as provided in subsection (A).

(D)     Notwithstanding the provisions of Section 14-7-1020, in cases involving capital punishment any a person called as a juror shall must be examined by the attorney for the defense.

(E)     In every a criminal action in which a defendant is charged with a crime which may be punishable by death, a person may not be disqualified, excused, or excluded from service as a juror therein by reason of his beliefs or attitudes against capital punishment unless such beliefs or attitudes would render him unable to return a verdict according to law."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

Reps. WILKINS and HARRISON proposed the following Amendment No. 22 (Doc Name L:\council\legis\amend\BBM\9777CM.95), which was adopted.

Amend the bill, as and if amended, by striking SECTION 2, on page 9, beginning on line 4, and inserting:

/SECTION     2.     The 1976 Code is amended by adding:

"Section 24-13-100.     (A)     Notwithstanding another provision of law, no prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including those prisoners serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is eligible for work release until the prisoner has served not less than:

(1)     eighty percent of the actual term of imprisonment imposed if the prisoner is convicted of a 'violent' crime as defined under Section 16-1-60, irrespective of whether the prisoner is considered a violent offender; or

(2)     sixty percent of the actual term of imprisonment imposed if the prisoner is convicted of a crime not listed in Section 16-1-60.

(B)     These percentages must be calculated without the application of earned work credits, education credits, and good time credits. These percentages are to be applied to the actual term of imprisonment, not to include the portion of the sentence which has been suspended.

(C)     If, during the term of imprisonment, a prisoner commits an offense or violates one of the rules of the institution, all or part of the credit he has earned may be forfeited at the discretion of the Director of the Department of Corrections, if the prisoner is confined in facilities of the department, or in the discretion of the local official having charge of prisoners sentenced to terms of imprisonment at the local level. The decision to withhold credits is solely the responsibility of officials named in this subsection.

(D)     This section does not apply to those prisoners serving time in a local correctional facility except those prisoners serving time in a local facility pursuant to a designated facility agreement."/

Amend title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

Rep. SHEHEEN proposed the following Amendment No. 23 (Doc Name L:\council\legis\amend\DKA\3611CM.95), which was adopted.

Amend the bill, as and if amended, SECTION 23, page 24, by deleting beginning on line 26, /Upon order by the court, the committee may consider an inmate for participation in the shock incarceration program./

Amend title to conform.

Rep. SHEHEEN explained the amendment.

The amendment was then adopted.

Rep. SCOTT proposed the following Amendment No. 26 (Doc Name L:\council\legis\amend\DKA\3600CM.95), which was tabled.

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

/SECTION __.     The 1976 Code is amended by adding:

"Section 24-13-155.     (A)     The Department of Corrections must provide an inmate serving a sentence pursuant to Section 24-13-150(A)(1) opportunities to prepare him to obtain a trade before he may become eligible to participate in a community supervision program.

(B)     An inmate subject to the provisions of this section must obtain a GED or high school diploma before he may participate in a community supervision program."/

Renumber sections to conform.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. SIMRILL moved to table the amendment.

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

The amendment was then tabled by a division vote of 72 to 21.

Reps. HODGES and MARTIN proposed the following Amendment No. 27, which was adopted.

Amend the bill, as and if amended, to add a new section:

A study committee shall be appointed to study mandatory minimum sentences and alternative sentences for nonviolent offenders and report back to the General Assembly no later than the first day of session, 1996. The committee shall be composed of the following: the S.C. Attorney General or his designee, three appointees of the Speaker of the House of Representatives and three appointees of the President of the S.C. Senate. The committee shall be staffed by the Sentencing Guidelines Commission and the staffs of the House and Senate Judiciary Committees.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Rep. McELVEEN proposed the following Amendment No. 28, which was tabled.

to be added at an appropriate place in the bill:

"When any sentence is designated as being a 'mandatory minimum' sentence, the person so sentenced must serve the minimum number of years stated, notwithstanding any other provision of law."

Rep. McELVEEN explained the amendment.

Rep. MARTIN spoke against the amendment and moved to table the amendment.

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

The amendment was then tabled by a division vote of 71 to 11.

Rep. ROGERS proposed the following Amendment No. 29 (Doc Name L:\council\legis\amend\DKA\3613CM.95), which was adopted.

Amend the bill, as and if amended, SECTION 5, page 10, by inserting after /1996,/ on line 22 /involving a sentence of incarceration for a term in excess of one year/.

Amend further, SECTION 5, page 10, by inserting after /./ on line 24 /A sentence of incarceration for a term of one year or less imposed in General Sessions Court for a crime committed on or after July 1, 1996, may in the discretion of the sentencing judge include a requirement for completion of a community supervision program operated by the Department of Probation and Community Supervision./

Amend title to conform.

Rep. ROGERS explained the amendment.

The amendment was then adopted.

Rep. KOON proposed the following Amendment No. 31, which was tabled.

No inmate should be privileged such as viewing T.V., air conditioning (unless medically necessary), participating in sports events, or any other rewarding experience unless the rewards follow continuing education, religious emphasis, vocational rehabilitation, community service or preparation to perform the necessary skills to sustain employment.

Rep. KOON explained the amendment.

Rep. HARRISON moved to table the amendment.

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

The amendment was then tabled by a division vote of 51 to 19.

Rep. SCOTT proposed the following Amendment No. 32 (Doc Name L:\council\legis\amend\BR1\18054AC.95), which was tabled.

Amend the bill, as and if amended, SECTION 18, Section 24-3-20(A), by deleting on page 20, line 33 /or prison camp/ and inserting /or prison camp/.

Renumber sections to conform.

Amend and title to conform.

Rep. SCOTT explained the amendment.

Rep. HARRISON moved to table the amendment.

The amendment was then tabled by a division vote of 58 to 6.

Reps. RICE, DAVENPORT and BAILEY proposed the following Amendment No. 33 (Doc Name L:\council\legis\amend\PT\1646DW.95), which was adopted.

Amend the bill, as and if amended, SECTION 1, page 8, by inserting after /services/ on line 37 /when the value of those construction services shall not exceed the limit allowable for unlicensed contractors pursuant to the South Carolina Contractors Licensing Law/.

Amend further, SECTION 1, page 9, by inserting after the period on line 2 /Improvements of a structural, electrical, and mechanical nature must be designed by a qualified professional engineer and must be in compliance with applicable building codes. These improvements must be inspected and approved by a qualified professional engineer or a licensed commercial inspector./

Amend title to conform.

Rep. DAVENPORT explained the amendment.

Reps. HODGES and ROGERS spoke upon the amendment.

The amendment was then adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: H. 3238     General Subject Matter:

Amendment #: 33.     Subject Matter:

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. REX FONTAINE RICE

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: H. 3238     General Subject Matter:

Amendment #: 33.     Subject Matter:

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. G. RALPH DAVENPORT, JR.

AMENDMENT NO. 5--TABLED

Debate was resumed on Amendment No. 5, by Rep. LIMBAUGH.

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

AMENDMENT NO. 7--TABLED

Debate was resumed on Amendment No. 7, by Reps. DAVENPORT, ROBINSON and RICE.

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

Rep. ROGERS proposed the following Amendment No. 24 (Doc Name L:\council\legis\amend\GJK\21260CM.95), which was tabled.

Amend the bill, as and if amended, in Section 24-21-30 of the 1976 Code as contained in SECTION 29, page 27, beginning on line 17, by deleting /June 30, 1996/ and inserting /January 1, 1996/.

Amend the bill further, as and if amended, in SECTION 48, page 35, by deleting on line 39, /July 1, 1996/ and inserting /January 1, 1996/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. ROGERS explained the amendment.

Rep. HARRISON spoke against the amendment.

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

Rep. QUINN proposed the following Amendment No. 30 (Doc Name L:\council\legis\amend\BR1\18055AC.95), which was tabled.

Amend the bill, as and if amended, SECTION 1 of the bill, Section 24-3-435, by inserting after /services/ on page 8, line 37: /An inmate convicted of criminal sexual conduct in the first or second degree, criminal sexual conduct with minors, or assault with intent to commit criminal sexual conduct is considered a safety risk./

Renumber sections to conform.

Amend and title to conform.

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

Rep. KOON proposed the following Amendment No. 35, which was tabled.

Any person caught bringing drugs or alcohol into any jail or prison in any county or state facility shall serve a minimum sentence of six months. This section to have section and title to conform to the Bill.

Rep. KOON explained the amendment.

Rep. HARRISON moved to table the amendment.

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

The amendment was then tabled by a division vote of 50 to 24.

Rep. ROGERS proposed the following Amendment No. 37 (Doc Name L:\council\legis\amend\DKA\3614CM.95), which was tabled.

Amend the bill, as and if amended, by striking SECTION 17, beginning on page 19 and line 37, and inserting:

/SECTION     17.     Section 17-25-45 of the 1976 Code is amended to read:

"Section 17-25-45.     (1)A. Notwithstanding any other provision of law, any person who has three convictions under the laws of this State, any other state, or the United States, for a violent crime as defined in Section 16-1-60 except a crime for which a sentence of death has been imposed shall, upon the third conviction in this State for such crime, be sentenced to life imprisonment without parole.

B. For the purpose of this section only, a conviction is considered a second conviction only if the date of the commission of the second crime occurred subsequent to the imposition of the sentence for the first offense. A conviction is considered a third conviction only if the date of the commission of the third crime occurred subsequent to the imposition of the sentence for the second offense. Convictions totaling more than three must be determined in a like manner.

(2) The decision to invoke sentencing under subsection (1) shall be in the discretion of the solicitor.

(A)     As used in this section:

(1)     'Most serious offense' means:

(a)     those felonies enumerated in Section 16-1-90(A);

(b)     those felonies enumerated in Section 16-1-60(A) not referenced in Section 16-1-90(A);

(c)     any federal or out-of-state conviction for an offense which would be classified as a felony offense under subitems (a) and (b) above.

Most serious offense does not include a conviction or entry of a plea of guilty or nolo contendere occurring before January 1, 1980, for the purpose of sentencing under this section.

(2)     'Serious offense' means:

(a)     an offense within the jurisdiction of general sessions court, except traffic offenses listed in Chapter 5, Title 56, but not excepting those in Article 23, Chapter 5, Title 56 of the 1976 Code;

(b)     any federal or out-of-state conviction for an offense which would be within the jurisdiction of general sessions court had the charges been brought in the courts of this State, except traffic offenses listed in Chapter 5, Title 56, but not excepting those in Article 23, Chapter 5, Title 56 of the 1976 Code.

Serious offense does not include a conviction or entry of a plea of guilty or nolo contendere occurring before January 1, 1980, for the purpose of sentencing under this section.

(3)     'Two or more prior convictions' means the defendant has been convicted of or entered a plea of guilty or nolo contendere to a most serious offense on at least two separate occasions before the instant adjudication.

(4)     'Four or more prior convictions' means the defendant has been convicted of or entered a plea of guilty or nolo contendere to a serious offense on at least four separate occasions before the instant adjudication.

(B)     Notwithstanding other provisions of law, except in the case of where the death penalty is imposed, upon conviction or an entry of a plea of guilty or nolo contendere for a more serious offense, the defendant must be imprisoned for life without eligibility for parole if the defendant has two or more prior convictions for a most serious offense.

(C)     Notwithstanding other provisions of law, except in the case of where the death penalty is imposed, upon conviction or an entry of a plea of guilty or nolo contendere for a most serious offense, the defendant must be imprisoned for life and is not eligible for parole until service of thirty years if that defendant has one prior conviction or entry of a plea of guilty or nolo contendere for a most serious offense.

(D)     Notwithstanding other provisions of law, except in the case of where the death penalty is imposed, upon conviction or an entry of a plea of guilty or nolo contendere for a serious offense, the defendant must be imprisoned for life and is not eligible for parole until service of twenty years if that defendant has four or more prior convictions for a serious offense.

(E)     A person sentenced pursuant to this section must not be considered or granted early release pursuant to the provisions enacted to ameliorate prison overcrowding.

(F)     A presiding judge, law enforcement agency, Board of Probation, Pardon Services, and Community Supervision, or a state or local correctional facility may provide offenders convicted of a most serious offense or a serious offense notice of the sentence which must be imposed upon subsequent conviction for a most serious or serious offense. Providing notice is not required and is within the discretion of the individual and entities referenced. The adequacy of any notice provided, or the failure to provide notice, is not subject to judicial review and does not create a liability upon the State, its agencies or departments, or any state or local political subdivision or its agents.

(G)     The provisions of this section do not apply if the mandatory minimum sentence for the instant adjudication under other provisions of the law would exceed the provisions of this section."/

Amend title to conform.

Rep. ROGERS explained the amendment.

Rep. MARTIN spoke against the amendment.

Rep. HARRISON moved to table the amendment.

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

The amendment was then tabled by a division vote of 80 to 8.

Rep. LANFORD proposed the following Amendment No. 38 (Doc Name L:\council\legis\amend\BR1\18056AC.95), which was ruled out of order.

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

/SECTION .     The 1976 Code is amended by adding:

"Section 24-1-290.     (A)     The department may not provide or permit free weight equipment for use by prisoners. For purposes of this section 'exercise equipment' means free weights and machines or devices that are designed for exercising parts of the human body by offering various amounts of resistance.

(B)     Any such equipment owned by the department must be donated to law enforcement agencies throughout the State in the manner the General Assembly shall provide. Any such equipment not owned by the department but located in any of its facilities must be returned to the owner within thirty days of the effective date of this section."/

Renumber sections to conform.

Amend title to conform.

Rep. LANFORD explained the amendment.

POINT OF ORDER

Rep. MOODY-LAWRENCE raised the Point of Order that Amendment No. 38 was out of order as it was not germane.

Rep. LANFORD argued contra the Point in stating that the Bill dealt with "truth in sentencing" which in turn dealt with the Department of Corrections and that this was a part of the Department of Corrections. He further stated that it did fit the Bill and was germane.

The SPEAKER stated that the Bill was 35 pages and in order for the Amendment to be germane, then it had to be tied into the Bill somewhere.

Rep. LANFORD continue to argue contra the Point, referring to Page 21, Line 20 of the Bill, in stating that this was a program determined by the department.

Rep. L. WHIPPER stated that the word program referred to something structured and that weightlifting was done on free time and not structured time.

Rep. MOODY-LAWRENCE questioned whether this was before sentencing or after.

The SPEAKER stated that the Bill dealt with sentencing and the amount of time that they had to serve and the amendment related to the Department of Corrections having available weightlifting equipment for inmates.

Rep. QUINN stated that it clearly was a form of work.

Rep. LANFORD stated weightlifting was a program supervised by the Department of Corrections. He further stated that Section 45 was repealed as part of the "truth in sentencing" Bill.

The SPEAKER stated that just because a repealed section was in the same general vicinity of the Code as the amendment referred to that that did not make it germane. He further stated that the amendment was not germane and he sustained the Point of Order and ruled the amendment out of order.

Rep. QUINN proposed the following Amendment No. 39 (Doc Name L:\council\legis\amend\JIC\5292AC.95), which was adopted.

Amend the bill, as and if amended, SECTION 1 of the bill, Section 24-3-435, by inserting after /services/ on page 8, line 37 /Notwithstanding that the department otherwise retains discretion to determine other categories of offenses which it deems a safety risk, an inmate convicted of a crime involving sexual battery as defined in Section 16-3-651 or assault with intent to commit criminal sexual conduct is considered a safety risk./

Amend totals to conform.

Rep. QUINN explained the amendment.

The amendment was then adopted.

Rep. S. WHIPPER proposed the following Amendment No. 40, which was adopted.

To add at appropriate section:

To add to the responsibilities of the Study Committee on Mandatory Minimum Sentences and examination of anti-recidivism methods for first time nonviolent offenders.

Rep. S. WHIPPER explained the amendment.

The amendment was then adopted.

SPEAKER PRO TEMPORE IN CHAIR

Rep. WILKINS explained the Bill.

Rep. HARRISON explained the Bill.

SPEAKER IN CHAIR

Rep. HARRISON continued speaking.

Rep. HODGES spoke upon the Bill.

The question then recurred to the passage of the Bill, as amended, on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 116; Nays 0

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Baxley                 Beatty                 Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Brown, T.              Byrd
Cain                   Carnell                Cato
Cave                   Chamblee               Clyburn
Cobb-Hunter            Cooper                 Cotty
Cromer                 Dantzler               Davenport
Delleney               Easterday              Elliott
Fleming                Fulmer                 Gamble
Govan                  Hallman                Harrell
Harris, J.             Harris, P.             Harrison
Harvin                 Harwell                Haskins
Herdklotz              Hines                  Hodges
Howard                 Huff                   Hutson
Inabinett              Jaskwhich              Jennings
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Limbaugh
Limehouse              Littlejohn             Lloyd
Marchbanks             Martin                 Mason
McAbee                 McCraw                 McElveen
McKay                  Meacham                Moody-Lawrence
Neal                   Neilson                Phillips
Quinn                  Rhoad                  Rice
Richardson             Riser                  Robinson
Rogers                 Sandifer               Scott
Seithel                Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Thomas
Townsend               Tripp                  Trotter
Tucker                 Vaughn                 Waldrop
Walker                 Whatley                Whipper, L.
Whipper, S.            White                  Wilder
Wilkes                 Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, J.

Total--116

Those who voted in the negative are:

Total--0

So, the Bill, as amended, was read the second time and ordered to third reading.

H. 3238--RECORD FOR VOTING

I had an excused absence for the last half of session, January 18, for medical purposes. If I had been here for the last vote I would have voted for H. 3238.

Rep. CAROLE C. WELLS

Rep. ALLISON moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3258 -- Reps. Stuart, Gamble, Knotts, Koon, Riser, Spearman and Wright: A CONCURRENT RESOLUTION CONGRATULATING SWANSEA HIGH SCHOOL OF LEXINGTON COUNTY ON WINNING THE 1994 CLASS AA STATE CHAMPIONSHIP IN FOOTBALL.

H. 3260 -- Reps. Littlejohn and Wells: A CONCURRENT RESOLUTION CONGRATULATING SPARTANBURG METHODIST COLLEGE ON WINNING THE 1994 MEN'S SOCCER NATIONAL CHAMPIONSHIP.

H. 3261 -- Rep. McTeer: A CONCURRENT RESOLUTION COMMENDING CAPTAIN HOMER THOMAS HIERS, JR., CHC, USN, FOR HIS CAREER ACCOMPLISHMENTS AND FOR HIS SERVICE TO HIS STATE AND NATION, AND EXTENDING CONGRATULATIONS AND BEST WISHES TO HIM UPON HIS RETIREMENT.

ADJOURNMENT

At 5:10 P.M. the House in accordance with the motion of Rep. WRIGHT adjourned in memory of Paul Phillips of Columbia, to meet at 10:00 A.M. tomorrow.

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