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SECTION 581. Section 59-136-110 of the 1976 Code, as added by Act 69 of 1993, is amended to read:

"Section 59-136-110. The board of trustees for Coastal Carolina University is composed of the Governor of the State or his designee, who is an ex officio member of the board, and sixteen members, with fifteen of these members to be elected by the General Assembly and one member to be appointed from the State at large by the Governor. The General Assembly shall elect and the Governor shall appoint these members based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of this State.

Of the fifteen members to be elected by the General Assembly, two members must be elected from each congressional district and the remaining three members must be elected from the State at large.

The term of office of the at-large trustee appointed by the Governor is effective upon certification to by the Secretary of State Governor and is coterminous with the term of the Governor appointing him.

Each position on the board constitutes a separate office and the seats on the board are numbered consecutively as follows: for the First Congressional District, Seats One and Two; for the Second Congressional District, Seats Three and Four; for the Third Congressional District, Seats Five and Six; for the Fourth Congressional District, Seats Seven and Eight; for the Fifth Congressional District, Seats Nine and Ten; for the Sixth Congressional District, Seats Eleven and Twelve; for the at-large positions elected by the General Assembly, Seats Thirteen, Fourteen, and Fifteen. The member appointed by the Governor shall occupy Seat Sixteen.

The General Assembly shall elect those members of the board of trustees it elects during its 1993 Session. Members initially elected from Seats One, Three, Five, Seven, Nine, Eleven, Thirteen, and Fifteen shall be elected for two-year terms and members initially elected from Seats Two, Four, Six, Eight, Ten, Twelve, and Fourteen shall be elected for four-year terms. Thereafter, their successors shall each be elected for four-year terms.

The General Assembly shall hold elections every two years to select successors of the trustees whose terms are expiring in that year. Except

If an elective office becomes vacant, the Governor may fill it by appointment until the next session of the General Assembly. The General Assembly shall hold an election at any time during the session to fill the vacancy for the unexpired portion of the term. A vacancy occurring in the appointed office on the board must be filled for the remainder of the unexpired term by appointment in the same manner of the original appointment."

SECTION 582. Section 61-3-220 of the 1976 Code, as last amended by Section 1583, Act 181 of 1993, is further amended to read:

"Section 61-3-220. The division may employ such inspectors or agents as may be necessary for the proper administration and enforcement of the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13 and Chapter 33 of Title 12. The salaries of said inspectors or agents shall be fixed by the division and shall be payable as an expense of the administration of this chapter, Chapter 7, and Article 3 of Chapter 13. The Governor shall commission as state constables such inspectors or agents as are certified to him by the division in order that they shall have adequate authority as peace officers to enforce the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13 and Chapter 33 of Title 12. Each inspector or agent shall, before entering upon the discharge of his duties, take and subscribe the oath of office as required by Article III, Section 26, of the Constitution of South Carolina, and also any additional oath required by law and shall give bond payable to the State, in form approved by the Attorney General, in the penal sum of five thousand dollars with some surety or guaranty company duly authorized to do business in South Carolina and approved by the division, as surety, conditioned upon the faithful discharge of his duties. The premiums on such bonds shall be paid as an expense of the administration of this chapter, Chapter 7, and Article 3 of Chapter 13 and the bonds shall be filed with and preserved by the Secretary of State Governor."

SECTION 583. Section 61-5-170 of the 1976 Code, as last amended by Section 1584, Act 181 of 1993, is further amended to read:

"Section 61-5-170. In addition to the provisions of Section 61-5-85, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquor and beverages. This permit is valid for a period not to exceed twenty-four hours, and may be issued only to

SECTION 584. Section 61-9-1240 of the 1976 Code, as last amended by Section 1586, Act 181 of 1993, is further amended to read:

"Section 61-9-1240. The department and the division shall make rules and regulations for the operation of breweries and commercial wineries authorized under this article. Such rules and regulations after they are reduced to writing, filed with the Secretary of State pursuant to the Administrative Procedures Act (Chapter 23, Title 1) as required by law and mailed or otherwise delivered to a person operating a brewery or winery shall have the force and effect of law and upon violation of any such rules and regulations the license or permit provided for herein shall be forthwith canceled and become null and void."

SECTION 585. Section 61-11-260 of the 1976 Code is amended to read:

"Section 61-11-260. Any person manufacturing any alcohol under the provisions of this article shall, while such alcohol remains in this State, store and keep it in a general United States bonded warehouse or in another warehouse and file with the Secretary of State Department of Revenue and Taxation a declaration setting forth the exact location, description and dimension of each and every such warehouse used and to be used for such purpose. It shall be unlawful to store or keep any alcohol manufactured under the provisions of this article in any other place than such as may be described in the declaration above provided for."

SECTION 586. Section 62-5-620 of the 1976 Code is amended to read:

"Section 62-5-620. The Administrator or his successor is and shall be a party in interest (a) in any proceeding brought under any law of this State for the appointment, confirmation, recognition, or removal of any guardian of a minor, or of a mentally incompetent person, to whom or on whose behalf benefits have been paid or are payable by the Veterans' Administration, its predecessor or successor, (b) in any guardianship proceeding involving such person or his estate, (c) in any suit or other proceeding arising out of the administration of such person's estate or assets and (d) in any proceeding the purpose of which is the removal of the disability of minority or of mental incompetency of such person. In

SECTION 587. (A) Where the provisions of this act transfer the Office of the Secretary of State to another state agency, department, division, or entity or make them a part of another department or division (receiving departments), the employees, authorized appropriations, bonded indebtedness if applicable, and real and personal property of the Office of the Secretary of State are also transferred to and become part of the receiving department or division unless otherwise specifically provided. All classified or unclassified personnel of the Office of the Secretary of State or position employed by the Office of the Secretary of State on the effective date of this act, either by contract or by employment at will, shall become employees of the receiving department or division, with the same compensation, classification, and grade level, as applicable. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer and shall prescribe, in consultation with the Secretary of State and receiving agencies, the manner in which the transfer provided for in this section must be accomplished. The boards' action in facilitating the provisions of this section are ministerial in nature and may not be construed as an approval process over any of the transfers.

(B) Where the Office of the Secretary of State is transferred to or consolidated with another agency, department, division, entity or official, regulations promulgated by the Office of the Secretary of State under the authority of former provisions of law pertaining to it are continued and are considered to be promulgated under the authority of present provisions of law pertaining to it.

(C) References to the names of agencies, departments, entities, or public officials changed by this act, to their duties or functions devolved pursuant to the provisions of this act upon other agencies, departments, entities, or officials, or to provisions of law consolidated with or transferred to other parts of the 1976 Code are considered to be and must be construed to mean appropriate references.

(D) Employees or personnel of the Office of the Secretary of State, or sections, divisions, or portions of it, transferred to or made a part of another agency, department, division, or official pursuant to the terms of

(E) Unless otherwise provided for in this act or by other provisions of law, all fines, fees, forfeitures, or revenues imposed or levied by the Office of the Secretary of State transferred pursuant to the provisions of this act to other agencies or departments must continue to be used and expended for those purposes provided prior to the effective date of this act. If a portion of these fines, fees, forfeitures, or revenues were required to be used for the support, benefit, or expense of personnel transferred, those funds must continue to be used for these purposes.

(F) The Budget and Control Board, in consultation with the appropriate standing committees of the General Assembly as designated by the President Pro Tempore of the Senate and the Speaker of the House of Representatives and the other affected agencies, shall prescribe the manner in which the provisions of subsections (A), (D), and (E) must be implemented where agreement between the affected agencies cannot be obtained.

(G) The Budget and Control Board shall provide for a consolidated employee employment application process to be used by all state agencies or departments including those affected by the provisions of this act.

(H) Where the functions of the Office of the Secretary of State have been devolved on more than one department or departmental division, the general support services of the Office of the Secretary of State must be transferred to the restructured departments or departmental divisions as provided by the General Assembly in the annual general appropriations act.

(I) The Code Commissioner shall make changes to the 1976 Code as contained in this act to be printed in replacement volumes or in cumulative supplements as he considers practical and economical.

SECTION 588. Notwithstanding any permanent or temporary provision of law, any enactment, or portion of it, of the General Assembly in 1996 in conflict with any provision of this act is suspended as to its force and effect until March 1, 1996. Where there is no conflict the

(1) where provisions of the Code of Laws of 1976, as amended, are repeated in this act so as to incorporate only changes in the names of agencies, divisions, or departments, except so far as such change in name conflicts with another enactment or a portion of another enactment, or

(2) where provisions of the Code of Laws of 1976, as amended, are repeated in this act so as to incorporate only changes in the governance or structure of an agency, division, or department except so far as the governance or structure is in conflict with another enactment or some portion of another enactment.

SECTION 589. (A) The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded on it, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision expressly provides it. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. Any department to which are transferred the powers, duties, and functions of any agency relating to the pending proceeding must be substituted as a party in interest.

(B) Any statute enacted and any rule or regulation made in respect to any agency or function transferred to, or consolidated, coordinated, or combined with any other agency or function under the provisions of this act before the effective date of the transfer, consolidation, coordination, or combination, except to the extent repealed, modified, superseded, or made inapplicable by or under the authority of law, shall have the same effect as if the transfer, consolidation, coordination, or combination had not been made. But when any such statute, rule, or regulation has vested functions in the agency from which the transfer is made under the act, the functions, insofar as they are to be exercised after the transfer, must be considered as vested in the agency to which the transfer is made under the act.

(C) No suit, action, or other proceeding lawfully commenced by or against any agency or officer of the State in its or his official capacity or in relation to the discharge of its or his official duties shall abate by reason of the taking effect of this act but the court may allow, on motion or

SECTION 590. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly by this act declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word of it, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words of this act may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION 591. Sections 1-5-10, 1-5-20, 8-21-110, 12-4-40, 23-29-50, 23-29-60, 23-29-70, 23-29-80, 30-11-10, 30-11-20, 30-11-30, 30-11-40, 30-11-50, 47-9-260, 47-9-270, 47-9-280, 47-9-310, 47-9-320, 47-9-330, 47-9-340, 47-9-380, 47-9-390, and 47-9-400 of the 1976 Code are repealed.

SECTION 592. This act is effective on the first day of the fourth month following the ratification of the constitutional amendment which abolishes the Office of the Secretary of State, except that Section 3 takes effect on the date after the ratification of the constitutional amendment which abolishes the office of the Secretary of State on which the incumbent Secretary of State resigns his office, or on the expiration date of the term of office for which he was elected, whichever comes first./

Renumber sections to conform.

Amend title to conform.

Rep. D. SMITH explained the amendment.

Rep. SCOTT moved to adjourn debate upon the Bill.

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

Rep. KNOTTS raised the Point of Order that the Bill was out of order under Rule 5.13 in that it did not have a fiscal impact statement attached.

The SPEAKER overruled the Point of Order.

The following Bill was taken up.

H. 4541 -- Reps. Simrill, Moody-Lawrence and Kirsh: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE MONETARY PENALTIES FOR CERTAIN VIOLATIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22708SD.96), which was adopted.

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

/SECTION . The 1976 Code is amended by adding:

"Section 16-17-601. It is unlawful for a person wilfully, knowingly, and without proper legal authority to destroy, tear down, or injure a repository for animal remains, an animal graveyard including any markers or gravestones therein or, fencing, plants, trees, or shrubs located upon or around a repository for animal remains or an animal graveyard. To be found guilty of a violation of this section, the repository for animal remains or the animal graveyard must be clearly marked as such, or the person committing the violation must have personal knowledge that the location was a repository for animal remains or an animal graveyard.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days or both."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. JENNINGS explained the amendment.

The amendment was then adopted.

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

Rep. HASKINS moved that the House recur to the morning hour, which was agreed to.

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

H. 4657 -- Reps. Haskins, Easterday, Rice, Knotts, Limehouse, Simrill, Cooper, Meacham, Herdklotz, Byrd, Loftis, Stille, Chamblee, Waldrop, Kelley, Vaughn, Law, Allison, Davenport, Wright and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION 24-21-490 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL COLLECT AND DISTRIBUTE RESTITUTION, THE PROCEDURE FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN ANNUAL REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND OTHER FEES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN CERTAIN PROVISIONS REGARDING THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; AND TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE

Ordered for consideration tomorrow.

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

H. 4712 -- Reps. Seithel, Harrison, Mason, L. Whipper, J. Harris, Sandifer, S. Whipper, Neal, Bailey, Thomas, Whatley, Kinon, Lloyd, Herdklotz, Young-Brickell and J. Young: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL TREATMENT OF ANIMALS, SO AS TO CHANGE CERTAIN OF THESE OFFENSES TO FELONIES AND TO INCREASE PENALTIES.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, Reps. KNOTTS and CROMER, for the minority, submitted an unfavorable report, on:

H. 4884 -- Reps. McElveen and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO IS INCARCERATED TO COMMUNICATE TO ANOTHER PERSON HIS INTENT TO COMMIT A CRIME ONCE HE IS RELEASED FROM CUSTODY AND TO PROVIDE PENALTIES.

Ordered for consideration tomorrow.

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

H. 4959 -- Rep. Martin: A BILL TO AMEND SECTION 16-3-655, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO PROVIDE THAT A PERSON IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE IF HE KNOWINGLY ENGAGES IN SEXUAL BATTERY WITH CERTAIN VICTIMS AND REVISE THE AGE OF CERTAIN PERPETRATORS OF THIS CRIME.

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