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"(2) Any A person convicted of a crime, in addition to any a penalty, shall have any a weapon used in the commission or in furtherance of the crime confiscated. Each such weapon must be delivered to the chief of police of the municipality or to the sheriff of the county, if the violation occurred outside the corporate limits of a municipality. The law enforcement agencies that received the confiscated weapons shall may use them within their departments, transfer them to another law enforcement agency for their lawful use, or transfer them to the clerk of court or mayor who shall dispose of them as provided by Section 16-23-500 trade them with a retail dealer licensed to sell pistols in this State for a pistol or other equipment approved by the agency, or destroy them. Firearms seized by the State Law Enforcement Division may be kept by the division for use by its forensic laboratory."

SECTION __. Section 23-31-180 of the 1976 Code, as last amended by Act 556 of 1990, is further amended to read:

"Section 23-31-180. No licensed retail dealer may hold, store, handle, sell, offer for sale, or otherwise possess in his place of business a pistol or other handgun which has a die-cast, metal alloy frame or receiver which melts at a temperature of less than eight hundred degrees Fahrenheit.

A pistol or other handgun possessed or sold by a dealer in violation of this article is declared to be contraband and must be forfeited to the municipality where seized or to the county where seized if outside a municipality. The weapon must be disposed of as provided by Section 16-23-500 destroyed.

However, any a law enforcement agent agency may register and use these weapons in the line of duty for display purposes after the weapons have been rendered inoperable."

SECTION __. Section 16-23-500 of the 1976 Code is repealed./

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment and asked unanimous consent to withdraw the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

The following Bills and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:

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.

S. 571 -- Senator Peeler: A BILL TO AMEND SECTION 12-36-2680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SALES TAX EXEMPTION CERTIFICATES MAINTAINED ON FILE USED IN MAKING VARIOUS TAX EXEMPT PURCHASES, SO AS TO DELETE THE REQUIREMENT THAT THE PURCHASER SIGN THE INVOICE AND TO MAKE THIS DELETION EFFECTIVE FOR EXEMPT SALES MADE ON OR AFTER JANUARY 1, 1995.

S. 542 -- Senators McConnell and Passailaigue: A BILL TO RELOCATE THE FOLLY BEACH PUBLIC OYSTER GROUND.

S. 547 -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 15, TITLE 56 SO AS TO PROVIDE REQUIREMENTS FOR WHOLESALE MOTOR VEHICLE AUCTIONS AND FOR WHOLESALE MOTOR VEHICLE AUCTION LICENSE PLATES.

Senator PEELER explained the Bill.

S. 564 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 48 SO AS TO PROVIDE FOR THE FOREST BEST MANAGEMENT PRACTICES ACT BY DEFINING TERMS AND SETTING FORTH REQUIREMENTS FOR THE COMMISSION OF FORESTRY.

S. 646 -- Senators Land and Drummond: A BILL TO AMEND SECTION 56-5-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVING LIMITATIONS FOR INTRASTATE MOTOR CARRIER DRIVERS, SO AS TO SUBSTITUTE "MOTOR CARRIERS" FOR "COMMON CARRIERS" IN CERTAIN REFERENCES CONTAINED IN THIS SECTION.

H. 3199 -- Rep. Koon: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING FIELD TRIAL FACILITIES AND TO DEVELOP A PLAN FOR THE FACILITIES; TO PROVIDE FOR THE MEMBERS OF THE COMMISSION AND AN ADVISORY COMMITTEE; TO AUTHORIZE CONSULTATION WITH PUBLIC AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING REQUIREMENTS AND FOR TERMINATION OF THE COMMISSION JANUARY 1, 1997.

H. 3214 -- Rep. D. Smith: A BILL TO AMEND SECTION 59-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE PERSONS WHO ARE ELIGIBLE FOR SERVICES AT THE SCHOOL FOR THE DEAF AND BLIND, SO AS TO INCLUDE HARD OF HEARING AND VISUALLY IMPAIRED PERSONS.

H. 3453 -- Reps. Riser, Hines, Inabinett, Rhoad and Witherspoon: A BILL TO AMEND SECTION 46-9-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES PERTAINING TO THE STATE CROP PEST COMMISSION, SO AS TO REVISE THE PENALTIES AND THE PROVISIONS TO WHICH THEY APPLY; AND TO AMEND SECTION 46-13-80, RELATING TO LICENSES UNDER THE PESTICIDE CONTROL ACT, SO AS TO REVISE THE RENEWAL DATE.

S. 653 -- Senators Leatherman, Moore, J. Verne Smith, Leventis and Drummond: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT

On motion of Senator MOORE, S. 653 was ordered to receive a third reading on Thursday, March 23, 1995.

S. 67 -- Senators McConnell, Rose, Reese and Courson: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 57 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE MARINE CORPS LEAGUE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.

The Transportation Committee proposed the following amendment (DKA\3807CM.95), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1, and inserting:

/SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-6920. The department may issue special motor vehicle license plates to members of the Marine Corps League for private motor vehicles registered in their names. Only one plate may be issued to a person. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly.

Section 56-3-6930. The special license plate must be of the same size and general design of regular motor vehicle license plates, upon which must be imprinted the Marine Corps League seal, the words `Once a

Amend title to conform.

Senator LEVENTIS explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

S. 154 -- Senators McConnell, Rose, Courson, Reese and Elliott: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL MOTOR VEHICLE LICENSE PLATE FOR A RECIPIENT OF THE PURPLE HEART, SO AS TO PROVIDE THAT AFTER THE INITIAL FEE FOR ISSUANCE IS PAID, THE PLATE MAY BE RENEWED BY A STICKER, THE CHARGE FOR WHICH MUST BE THE RENEWAL FEE CHARGED FOR A REGULAR PLATE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.

The Transportation Committee proposed the following amendment (DKA\3806CM.95), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION 1. Section 56-3-3310 of the 1976 Code, as last amended by Section 1392 of Act 181 of 1993, is further amended to read:

"Section 56-3-3310. The department may issue a special motor vehicle license plate to a recipient of the Purple Heart. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020, and only Only one plate may be issued to a person. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly. After the initial fee for issuance has been paid, the plate may

Amend title to conform.

Senator LEVENTIS explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

S. 179 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 3, TITLE 24 SO AS TO PROVIDE FOR THE PRIVATE CORRECTIONS FACILITIES, PROGRAMS, AND SERVICES ACT ALLOWING A UNIT OF GOVERNMENT TO CONTRACT WITH THE PRIVATE SECTOR TO PERFORM SERVICES CURRENTLY PERFORMED BY A CORRECTIONS AGENCY OR DEPARTMENT.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Corrections and Penology.

The Corrections and Penology Committee proposed the following amendment (DKA\3792CM.95), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Chapter 3, Title 24 of the 1976 Code is amended by adding:

Section 24-3-2400. This article may be cited as the Private Corrections Facilities, Programs, and Services Act.

Section 24-3-2410. As used in this article:

(1) `Correctional facility, program, or service' means a facility, program, or service, including probation and parole, operated or provided by a nongovernmental agency which:

(a) may provide residential and nonresidential accommodations and services for offenders, juvenile delinquents, and detainees;

(c) provides supervision and surveillance of offenders, juvenile delinquents, and detainees.

(2) `Detainee' means an adult or juvenile who is held in a correctional or detention facility pending trial or adjudication.

(3) `Juvenile delinquent' means a juvenile who has been adjudicated a delinquent or a child in need of supervision by the family court.

(4) `Nongovernmental agency' means a person or organization other than a unit of government or agency and includes private profit organizations.

(5) `Offender' means an adult who has entered a plea of guilty or has been convicted of a felony or misdemeanor.

(6) `Parole board' means the Board of Probation, Parole and Pardon Services.

(7) `Unit of local government' means a county, city, or town.

Section 24-3-2420. (A) A unit of local government may utilize nongovernmental correctional facilities, programs, and services established pursuant to this article necessary to serve its own needs and those of its courts and its agencies and may enter into contracts or agreements with nongovernmental agencies for the placement or supervision of offenders, juvenile delinquents, and detainees in nongovernmental correctional facilities, programs, or services.

(B) Units of local government shall establish specific procedures for screening offenders, juvenile delinquents, or detainees who are placed in nongovernmental correctional facilities, programs, or services pursuant to this article.

(C) The unit of local government shall review, inspect, and evaluate all correctional facilities, programs, and services which are operated or provided by nongovernmental agencies within the county or unit of local government and which provide accommodation or services to offenders, juvenile delinquents, and detainees referred only by local government, its agencies, or its local courts.

(D) All correctional facilities, programs, and services operated or provided by nongovernmental agencies shall conform to the guidelines established pursuant to Section 24-3-2440.

(F) In a county where the sheriff is the jailor, the county may not enter into a contract under this section without the sheriff's consent.

Section 24-3-2430. The Commissioner of the Department of Corrections or Department of Juvenile Justice, as appropriate, regularly shall review, monitor, inspect, and evaluate all correctional facilities, programs, and services operating within the State which are operated or provided by nongovernmental agencies except correctional facilities, programs, or services which provide services or accommodations only to offenders, juvenile delinquents, or detainees referred by units of local government.

Section 24-3-2440. (A) A contract for services entered into pursuant to this article must provide guidelines for the operation of the nongovernmental correctional facility or program and minimum standards for the services provided, including:

(1) requirements for strict accountability procedures and practices for the conduct and supervision of offenders, juvenile delinquents, and detainees, including requirements for twenty-four-hour supervision of offenders, juvenile delinquents, and detainees in residential programs;

(2) guidelines for periodic and unscheduled tests to determine the use of drugs by offenders, juvenile delinquents, and detainees; and

(3) standards regarding health, sanitation, and fire safety.

(B) Before entering into a contract with a nongovernmental agency, the Department of Corrections or the Department of Juvenile Justice shall submit the contract and proposed guidelines for the use of a facility, program, or service to the governing body of an affected unit of local government for its review and recommendations.

(C) The guidelines and standards required by this section must be developed pursuant to Section 24-3-2490.

Section 24-3-2450. (A) Subject to subsection (B), after an adjudication of guilty or delinquency, the sentencing court, as a condition of probation, may order that the delinquent or offender participate in a correctional

(B) Placement of an offender or juvenile delinquent in a nongovernmental correctional program under this section may be ordered by the court only if:

(1) the correctional program is operated by a nongovernmental agency which has entered into a contract as authorized in Sections 24-3-2440 or 24-3-2480; and

(2) funding for the placement is available.

(C) Before the placement of an offender or juvenile delinquent in a nongovernmental correctional program, the sentencing judge shall notify or cause to be notified the law enforcement agencies of affected units of local government concerning the identity of the offender to be placed.

(D) The probation officers for the judicial circuit are responsible for recommendations to the judge for the utilization of a nongovernmental correctional program which has been approved for use. The recommendations shall take into account the potential risk resulting from the placement of the offender into the nongovernmental correctional program, as well as the aptitude, attitude, social, and occupational skills of the offender.

(E) Where probation supervision is the responsibility of the courts in the State, the courts may contract, in accordance with state procurement law, with nongovernmental agencies to provide probation supervision services.

Section 24-3-2460. The chief probation or parole officer or officials of the state, county, or judicial district shall have general supervisory authority over all offenders, juvenile delinquents, and detainees placed in a correctional facility, program, or service under this article in accordance with their existing statutory responsibilities for offenders, juvenile delinquents, and detainees.

Section 24-3-2470. (A) Subject to subsection (B), the responsible state agency may place an offender, juvenile delinquent, or detainee in a correctional facility, program, or service under this article.

(B) A placement under this section may be made only if:

(1) the correctional facility, program, or service is operated under a contract with the State to provide residential care of offenders, juvenile delinquents, or detainees; and

(2) funding for the placement is available.

(C) Before the placement of an individual in a nongovernmental residential facility, the state agency having responsibility for the offender, juvenile delinquent, or detainee shall notify or cause to be notified the law

Section 24-3-2480. Subject to legislative appropriation, the State, in accordance with state procurement law, may contract under this article with nongovernmental agencies to operate correctional facilities and programs to provide correctional services for offenders, juvenile delinquents, and detainees.

Section 24-3-2490. (A) The Department of Corrections shall:

(1) establish minimum facility standards for correctional facilities operated by a nongovernmental agency receiving funds under this article;

(2) establish minimum standards for programs and services provided by a nongovernmental agency receiving funds under this article;

(3) prescribe accounting and reporting standards for all nongovernmental agencies operating correctional facilities or providing correctional programs or services under this article;

(4) establish a per diem rate to be paid program providers operating correctional facilities under this article which may not exceed the daily cost of providing the same programs or services at a state or juvenile institution; and

(5) promulgate regulations reasonably necessary to carry out the provisions of this article.

(B) The nongovernmental correctional facility, program, and service standards developed by the State shall take into consideration the standards of the American Correctional Association and other appropriate professional accreditation organizations. A nongovernmental correctional facility, program, or service must not be approved unless it complies with the most recent standards established by the American Correctional Association which are appropriate for the specific type of facility, program, or service.

Section 24-3-2500. (A) An offender, juvenile delinquent, or detainee is guilty of escape from official detention and, upon conviction, must be punished as provided by law if, without proper authorization, he:

(1) fails to remain within the extended limits of his confinement, or to return within the time prescribed to a nongovernmental correctional facility to which he was assigned or transferred; or

(2) being a participant in a program established under the provisions of this article, he leaves his place of employment or fails or neglects to return to a nongovernmental correctional facility within the time prescribed or when specifically ordered to do so.

Section 24-3-2510. The State shall submit an annual report to the legislature describing the number of nongovernmental correctional

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