Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of the Psalmist in Psalm 33 (vv. 1-4):
"Rejoice in the Lord, O you righteous.
Praise the Lord with the Lyre;
Make melody to Him with the harp...
Sing to Him a new song..."
Let us pray.
Lord of all the earth: it could have been springtime on our planet when the psalmist sang the "new song" of praise.
The world is so wonderful, so beautiful, and so fresh, and new, except for human relationships. That is our sad song!
We see, dear Lord, that the psalmist is more profound and realistic than the poet who said,
"God's in His Heaven,
And all's right with the world."
We believe that the psalmist knew better. All was not right then, nor is it any better today.
The thing that made a "new song" then, and now, is a new faith-trust relationship with the living God.
Even as You bring forth each Spring new buds and blossoms, the promise of new fruit, bring forth in our lives, by Your grace, a new spirit in human relationships, otherwise known as THE GRACE OF GOD.
Amen.
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:
Alexander Bryan Cork Courtney Drummond Ford Giese Gregory Hayes Holland Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Ryberg Setzler Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Washington Williams Wilson
A quorum being present, the Senate resumed.
Senators ELLIOTT, GLOVER, JACKSON, RANKIN, REESE, RICHTER, RUSSELL and SALEEBY recorded their presence subsequent to the Call of the Senate.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
(R79) S. 767 -- Senators Matthews and Williams: AN ACT TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF SECONDARY ROAD S-38-1840 IN ORANGEBURG COUNTY BETWEEN THE GATES AT EITHER END OF THE ORANGEBURG-WILKINSON HIGH SCHOOL.
May 17, 1995
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 767, R. 79, an Act:
TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF SECONDARY ROAD S-38-1840 IN ORANGEBURG COUNTY BETWEEN THE GATES AT EITHER END OF THE ORANGEBURG-WILKINSON HIGH SCHOOL.
This veto is based upon my concern that the process by which the General Assembly has closed this road may be potentially unfair. While perhaps not in the specific legislation involved herein, a road closing accomplished by such means has the potential to be unfair to interested citizens, particularly in cases where the road closing is not supported by all abutting property owners.
As with similar legislation I have vetoed, my concern is that S. 767, R. 79, vitiates the protection afforded the public pursuant to Title 57, Chapter 9 of the Code of Laws of South Carolina, 1976. Specifically, the provisions of Chapter 9 require adequate public notice and an opportunity for public hearing before a road can be closed. Because this Act circumvents the statutory process, the safeguards which serve to protect the public would no longer be effective.
Further, after the General Assembly passed this legislation but prior to its ratification, the Commission of the Department of Transportation removed this portion of road from the State Highway System.
For these reasons, I veto S. 767, R. 79.
Sincerely,
David M. Beasley
The veto of the Governor was taken up for immediate consideration.
Senator WILLIAMS moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Cork Courson Courtney Drummond Elliott Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Washington Williams Wilson
NAYS
TOTAL--0
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
(R80) S. 802 -- Senators Mescher, Rose and Richter: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY.
May 17, 1995
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 802, R. 80, an Act:
TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY.
This veto is based on my belief that S. 802, R. 80 of 1995, is unconstitutional. It is clearly an Act for a specific county. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted." Also, this Bill addresses circumstances which could be dealt with by general legislation. Article III, Section 34 (IX) of the South Carolina Constitution prohibits the adoption of a special law where a "general law can be made applicable."
For the above reasons, I am returning S. 802, R. 80, without my signature.
Sincerely,
David M. Beasley
The veto of the Governor was taken up for immediate consideration.
Senator MESCHER moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Cork Courson Courtney Drummond Elliott Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Washington Williams Wilson
NAYS
TOTAL--0
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
TO: The Clerk of the Senate
The Clerk of the House
FROM: C. Tyrone Courtney, Chairman
Jt. Legislative Screening Committee to Review Candidates
for the SC Consumer Affairs Commission
DATE: May 17, 1995
In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
/s/Senator C. Tyrone Courtney, Chairman
/s/Senator Robert W. Hayes, Jr.
/s/Senator Glenn G. Reese
/s/Senator Dick Elliott
/s/Representative George Bailey
/s/Representative James N. Law
/s/Representative Teddy N. Trotter
/s/Representative Lucille S. Whipper
The Screening Process
Pursuant to Act No. 119 of 1975 and Act. No. 181 of 1993, this Committee has considered the qualifications of candidates seeking election to vacancy No. 3 of the South Carolina Consumer Affairs Commission.
The Committee's report includes the Transcript of the Proceedings before the Screening Committee on May 10, 1995. The Transcript does not include all exhibits offered by candidates or witnesses at the hearing because of the length of some exhibits. Exhibits which are not reproduced as a part of the Transcript may be viewed in the Office of the Banking and Insurance Committee (Room 203 of the Gressette Building), since these exhibits were reviewed and considered by the Committee in making its findings.
THE CHAIRMAN: Okay, we're going to go ahead and start our meeting here and we want to welcome all of your here and appreciate your coming. We appreciate your being willing to serve. When we do these screening committees, I want you to understand that we're not trying to rate you as far as your ability and so forth, merely to see that you're qualified to be a candidate. And it's not going to be something that you're going to feel like you've been put through the fire today. We've looked at your applications and each one of you look to be very well qualified and very good people. What we want to do though is ask you some questions. Most of the questions are kind of formal. We will ask you some questions, we hope they won't offend you, we've got to ask you if you have a criminal record and things like that. We have to ask everybody those questions. I hope you understand that. To be fair to everyone, we'd like to take them in alphabetical order and then have the others outside the room while we're asking one so you don't hear the questions and so forth, which would be an unfair advantage. Room 203, around the corner here, I think the Sergeant maybe can show you where that is. We will let the others stay there as we question.
Ms. Bloom, you're first in the alphabet, so we'll take you first and go through on that line. Have a seat around there, we'll be with you very soon.
COURT REPORTER: I need to know his name, please.
THE CHAIRMAN: His name is James Law, House Member.
Ms. Bloom, I need to put you under oath, would you raise your right hand for me, please?
MS. BLOOM, being duly sworn testifies as follows:
1. Lillian C. Bloom
Home Address:
2207 Wade Hampton Blvd, Apt. C-205
Greenville, S.C. 29615
2. She was born in New York, New York on 11/12/20. She is presently 74 years old. Social Security Number: ***-**-****.
5. She was married to Jack L. Bloom on October 19, 1963.
7. Education: Hunter College, A.B. 1941 (New York City).
New York University, M.A. 1952 (New York City).
8. She is presently serving on the S.C. Consumer Affairs Commission and wishes to seek re-election. She was elected by the General Assembly on May 27, 1992. Her term expires June 30, 1995.
9. CIVIC, CHARITABLE, RELIGIOUS, EDUCATIONAL, SOCIAL, AND FRATERNAL ORGANIZATIONS: Greenville Hospital Center Advisory Committee, Board member (1974-1979), Chairman (1979-1982); Senior Center, Board Member (1979-1982); Greenville County Council For Community Action (Now, Share), Board Member (1970-1976); Head Start Health Advisory Committee, Chairman (1972-1979); United Way, Budget Allocation panel (1975-1980); CETA, Member (1981-1983), Served By Appointment of Governor; Greenville Free Medical Clinic, Board Member (1987-1990); Greenville Chapter American Red Cross, Board Member, Secretary (1990-Present); SC Appalachian Council of Governments, Member, Area Advisory Council On Aging (1998-Present); Greenville Literacy Association, Member, Tutor (1988- Present); Mental Health Association, Greenville County, Board Member (1982-1988), Y.W.C.A., Board Member (1970- 1976) Member, Public Policy Committee(1990-Present), Congregation Beth Israel, Board Member (1985-1989); Greenville Section, National Council of Jewish Women, Board member (1965-Present); Furman University Learning In Retirement, Curriculum Chairman (1993-Present).
10. CHRONOLOGICAL REVIEW OF EMPLOYMENT HISTORY:
Medical Records Librarian - Beth Israel Hospital, New York City, 1942-1950.
Administrative Assistant - New York University Medical Center, 1950-1956.
Field Representative - National Council of Jewish Women, 1956-1966.
Director, Neighborhood Youth Corps - In School Program, Greenville county, 1966-1969.
Liaison Teacher Counselor, Children's Re-Education Center, Marshall I. Pickens Hospital, 1969-1970.
21. Five (5) letters of recommendation: (1) Dr. Sarah Fletcher - FULIR Coordinator, Furman University, (2) Michael J. Stogner - Director Area Agency on Aging, (3) Ann M. Sutton -American Red Cross, Greenville Chapter, (4) Joanne E. Batson- Executive Director of YWCA in Greenville, (5) Bessie M. Lee -Executive Director of Greenville, Literacy Association, Inc., (6) Elaine Hallaert - Southern National Bank.
MS. BLOOM BEING EXAMINED BY MR. COURTNEY:
Q: Ms. Bloom, you are currently on the board at this time and probably have been through this before, but we'll just go through the formal questions and see if any of the members of the committee here have any questions for you. First of all, do you or any members of your family own any contracts or do business with the state or federal government?
A: No.
Q: And do you or any family member own or operate any business that receives funds from the Consumer Affairs Department?
A: No.
Q: Have you ever been arrested, charged by any Federal or State law enforcement?
A: No.
Q: Have you, to your knowledge, been under any Federal, State or local investigation for possible violation of any statutory laws?
A: No.
Q: Have you ever been disciplined or cited for any breach of ethics or unprofessional conduct by any court or association?
A: No.
Q: Are you now or have you now or have you ever been employed as a lobbyist or acted as a lobbyist principal?
A: No.
Q: Is there any reason that you know of that would cause you difficulty in performing your duties as a member of the Consumer Affairs Commission?
A: No, I have performed them for the last three years now. I have a perfect record of attendance.
Q: I note that on here and I would like, at this time, to give you a few minutes to tell us about your experiences on the Commission and why you would like to continue.
A: It's been a wonderful experience for me and I think at the beginning I wasn't quite sure what I was getting into but now I do know and I guess I'd like to have it even more now than I did at that time. I'm particularly interested in the education aspect of it, I guess that is my own sphere of expertise. A lot of it is very legalistic and we've got a wonderful department to carry out the functions of the legal aspect of the department, but it is in the area of education that I can be of great help. As a matter of fact, the course of the last three years that I served, I brought the public relations person to Greenville, I developed a course for... at Furman, for retirees, bringing all the staff members together to tell them their area of expertise and what the Consumer Affairs is all about. I'm on the senior advisory committee for counsel of governments and we've had the public affairs professional come and address that group. We always find that the aged are very vulnerable. It was a particularly good presentation she made so that the cog there is composed of six different counties and after that she was invited to various counties to make a presentation.
Q: When you say you're working in education, are you talking about educating the public?
A: Educating the public in regard to the problems that they may be confronted with as a consumer. And I think it's been a wonderful experience for me. I was very, I think, adept at up-dating the by-laws of the department, because it seemed to me to have... itself on in terms of by-laws. And it has been a very, I think, good experience for me and I think that the Consumer Affairs Commission and the department has profited by my being part of it.
Q: I'm sure. What do you see as the primary purpose of the Consumer Affairs Commission? What is it's purpose?
A: Well, probably the... I see several aspects, the advocacy role, the informational aspects of it, the receiving of the various complaints from the public which they try to adjudicate.
Q: How does it function in it's advocacy role?
A: Well, for example, they represent the public in front the utilities. The BellSouth right now, they're trying to see if they can reduce the rates in terms of what BellSouth has earned and trying to return to the public some of the funds. So that there are very many aspects of it and, of course, they license athletic clubs, they license mortgage brokers, the continuing care facilities and this is a very important aspect of the staff we've seen which is rather new, licensing as aspect of it. So that if it's statutory or whatever the legislature gives to the Consumer Affairs, they try to carry out their duties.
Q: The commission, I think, is doing an admirable job over the years. How do you feel that it's doing now and the changes?
A: I think it's doing tremendously well, I think. The newly elected executive director has been with the commission at the least, I would imagine, since the middle of the eighties. He was Steve Hamm's associate. He was a consumer advocate and last year he as been the acting co-director, and I think he's done an admirable job.
Q: Anything else that you want to tell us before we start into the questions?
A: No, I don't think so. Be glad to answer what anybody's asking.
Q: For the benefit of the court reporter, she's needs to know who's seated where. Representative George Bailey, Representative Teddy Trotter. Do any of the members of the committee have any questions for Ms. Bloom?
MR. BAILEY: I have just a couple of comments I'd like to make.
THE CHAIRMAN: Okay, go ahead.
MS. BLOOM BEING EXAMINED BY MR. BAILEY:
Q: Ms. Lillian, I'm fortunate, I believe, to be on the committee that heard you one time before. I just want to tell you, your attendance record that I looked at earlier today was superb I wish that probably all the commissioners that we had appointed would have an attendance record such as this. And I don't mean anything derogatory, but I want to tell you something. I hope and pray that if I live to be seventy-four that I'm as active as you are.
A: Well, that's what keeps you young.
Q: That's all I've got to say. I'm impressed with your attendance record. I think that's great. It shows that you care about your job.
A: I do. I make that second Tuesday of the month, that's my prime responsibility.
MS. BLOOM BEING EXAMINED BY MS. WHIPPLE:
Q: I would certainly also like to commend you for that record. We don't see that very often so we're quite pleased. I would also like to commend you for using the information that you have gained by this experience in starting the course. About what was the average attendance?
A: At the course?
Q: Yes.
A: Well, we had... we must have had about twenty registrants and, I think, were very faithful in their attendance and that was a very bad ... the weather was terrible and it was an early scheduled course and that's what the commission wanted, but they made it there. And it was a ten week course and every week there was another member of the staff who came to address the forum, and brought materials. I thought it proved a very valuable course for them. I would like to see it... as a matter of fact, I just came back from Charleston where we had a regional convention on institutes for learning in retirement and they were very impressed with this kind of course. And I think the College of Charleston looked at it and perhaps later will be putting on something similar to that.
Q: That's what I wanted to know, if it would be something that could be continued...
A: Oh, absolutely can.
Q: ... or something that the Commission could follow through with.
A: You know, sometimes these groups aren't aware of some of the resources that we have in this state and the only way that we become aware is that someone gets to them as they go in to make some kind of presentation. As a matter of fact, there was a brochure that the department just issued and I gave it to some of them, and I said, you know, to the Georgia group for example they came to join our group, I asked them would they see if they had a similar department or commission in Georgia or if not, even the aspects that were printed in that brochure were so good, perhaps to just be able to get the individuals who can speak on these things. And, like I say, I was particularly concerned when the older adult, the elderly we become so vulnerable to some of the scams.
THE CHAIRMAN: Any other questions?
MS. BLOOM BEING RE-EXAMINED BY MR. COURTNEY:
Q: Ms. Bloom I would like to ask you, because of the position you have held, do you have any recommendations or any ways that we can improve what the Consumer Affairs Commission does?
A: I really... I'm so impressed with the staff that they do a good public information program. It's interesting that in Charleston, yesterday, or the day before, I went to Charleston then I went to Columbia yesterday for the Commission meeting and came back today. But early in the morning there was the senior report, I don't even know what station it was on, I just turned the television on in the hotel, and they were cautioning the older adult, and this was a television promotional, how to avoid some of the telemarketing scams. And I though this might be something that we could advocate to the other communities, certainly in Greenville or... and I conveyed this to our public relations staff members. I think that's one of the most important things, that not enough people in the state are aware of what the Consumer Affairs department is able to do and I think promoting that aspect is one of the most important recommendations that I would have.
THE CHAIRMAN: Any other questions?
THE BOARD: No.
THE CHAIRMAN: Ms. Bloom, we appreciate your service and appreciate your wanting to serve. The Commission will file a report at some time within the future and let you know. I think elections are scheduled for May 25th, but until the reports are filed on the floors of the House and the Senate, you cannot solicit any commitments.
A: Well can I send out letters just soliciting support. I realize I can't get any commitments.
THE CHAIRMAN: You can send out letters stating that you are a candidate, but you cannot ask for any kind of commitment or support from anyone until the report has been filed on the floor of the House and the Senate.
A: And about when does that take place?
THE CHAIRMAN: Well, we're not really sure.
A: There are only two weeks.
THE CHAIRMAN: Yes. We'll get those out as soon as we can, I promise you that.
A: All right.
MR. BAILEY: Let me follow up, Ms. Bloom. I'm sure you heard what Mr. Chairman said. You surely can send a letter out to everybody just letting them know that you have been through screening.
A: Okay.
MR. BAILEY: But, you are a candidate seeking re-election. That you cannot solicit votes but you want to let them know that you are running for re-election.
A: Oh, I realize that.
MR. BAILEY: But in your letter a copy of your attendance record. That's important.
A: All right.
MR. BAILEY: Might surprise you.
A: Thank you.
THE CHAIRMAN: Thank you Ms. Bloom, you're free to go.
A: Am I? Thank you so much.
THE CHAIRMAN: Thank you. Would you get Mr. Hinton for us, please? (speaking to the Sergeant)
THE CHAIRMAN: Mr. Hinton, if you would just have a seat there and make yourself comfortable, please. Mr. Hinton, we we're going to need to ask you some questions, some formal questions that we ask everybody and then once we finish with that we'll open the floor for any of the members of the committee may have some questions for you. It should be very simple and as I said before, I don't intend to put you through fire or anything like that but we do need to ask the necessary questions. Before I begin, I need to put you under oath. Would you raise your right hand for me please, sir?
MR. HINTON, being duly sworn testifies as follows:
1. James H. Hinton
Home Address:
5 Sedgewood Court
N. Augusta, SC 29841
2. He was born 10/19/32 in Baltimore, Md. He is presently 62 years old. Social Security #: ***-**-****.
5. He was married on 6/28/58 to Sara Margaret Harper Hinton. They have two children, Margaret Ellen Hinton Harper - age 33 and Henry Edward Hinton - age 31.
7. Education: Norman Park College, Norman Park, Ga. 1950-52. Auburn Univ., Auburn, Ala. 1952-1954 - BSChE. Auburn Univ., Auburn, Ala. 1954-1955 - MSChE
9. Organizations: Boy Scouts - Scout Master, etc. Presbyterian Church USA - Deacon and Elder
10. Chronological review of employment history: 1956-1989, DuPont, Savannah River Plant. 1989-1994, Westinghouse SRP.
21. Five (5) names of references: Rodney Ingle, Security Federal, N. Augusta; Perjetta K. Smith; R.M. Smith; Charles I. Goodwin; Rodney W. Scherr; Joanne S. Folger; Mim Woodring.
MR. HINTON BEING EXAMINED BY MR. COURTNEY:
Q: Mr. Hinton, do you or any member of your family own or operate any business which contracts with the State or Federal government?
A: No, we do not.
Q: Do you or any member of your family operate any business which receives funds from the Consumer Affairs?
A: No, we do not.
Q: Have you ever been arrested, charged or held by any Federal or State law enforcement authority for violation of any State or Federal or local law?
A: No, sir.
Q: Have you, to your knowledge, ever been under a Federal, State or local investigation for possible violations of criminal statutes?
A: No, I have not.
Q: Have you ever been disciplined or cited for breach of ethics for unprofessional conduct by any court, agency association or professional group?
A: No, I have not.
Q: Are you now or have you ever been employed as a lobbyist or acting in the capacity as a lobbyist principal?
A: No, sir.
Q: Do you know of any other legal reason why you might have difficulty performing the duties of this elected position?
A: No, I haven't.
Q: Mr. Hinton, we have your application and information that you have provided and it is certainly impressive, and we would like to give you some time now to tell us about yourself and what you... why you're interested in the Consumer Affairs Commission and how you feel like you could contribute to that and serve the people of South Carolina.
A: Well, it was interesting, the notice came out in our local weekly newspaper and I had heard that there was such a commission but I knew nothing about the commission and started asking questions from various people in our area and the Chamber of Commerce, our newspaper editor and so forth, and just got real interested in it. As I gathered information on the commission and found out what it did for the citizens of South Carolina. And then I thought that well, my background and experience as an engineer for approximately thirty-eight years and my work with volunteer, civic and religious organizations, I felt that I was qualified and would be able to impact with new ideas on the committee. I also, in talking with people in my community, I found out that there was not very many of them that knew what the commission did for them or could do for them. I mentioned the Chamber of Commerce was no help, the local library was no help, the secretary of our delegation was no help, so... and even talking... I just mentioned talking to my friends and acquaintances and people I work with, they really did not know how the commission could help them in consumer complaints. I even went to the telephone directory and could not find a telephone number for them. Even the new directory that came out this week does not have a listing for the Consumer Affairs Commission under the State of South Carolina departments. It does have a number at the very beginning which was not in there previously. So as I continued the research I also found out that there are nine members of the commission, one of which is the Secretary of State. However, seven of those nine members come from the Columbia area to the northwest of the state. In other words, there's three in Greenville, one in Anderson, one's out of Columbia, the Secretary of State, I believe, is listed as Chapin and then Camden. There's one from Moncks Corner and one from Hartsville, so we're skewed distribution if you're concerned about distribution. We're in... I'm in North Augusta on a border community where most of the people in North Augusta do their business with... for goods and services out of Augusta, Georgia. So I was interested to try to find out how you could bring that together if we had a consumer complaint across the state line and I have not been able to answer that question. I also found out that most of the members... I take that back. I think that six of the nine members of the commission are primarily concerned with providing consumer goods or services. I'm not exactly sure about two of them who I was told are semi-retired. Now I don't know what semi-retired means, but, in other words, it looked like we're skewed not only geographically but skewed towards the people in business that are providers of goods and services and we don't have good representation for those people on the borders of the state, on the southeast or the coastal area of the state and for those people that are primarily receivers of goods and services. So with that and my experiences as an engineer, I felt that I would make a good representative on the commission and that that would be a more... make it a more diverse commission and I'll say that with my experience as an engineer I have been able to resolve some of the complaints myself by knowing the technical background of the issue on personal problems I've had with services and goods. So, with all that, I felt that I would... or someone with my background, not necessarily me, but someone with a technical background and someone that was primarily a receiver of goods and services would make a good addition to the commission.
Q: Mr. Hinton, obviously you've done homework as far as members of the commission are concerned and all and about the commission. What did you see the purpose of the Consumer Affairs Commission to be?
A: Well, the Consumer Affairs Commission is... well, the commissioners are the policy making group as I understand it. The Secretary of the State is the permanent member of the commission and there's four that's elected by the... or appointed by the Governor with agreement with the senate and then there's four that's appointed by the senate, I think, the way it is.
Q: Your engineering background with a lot of technicalities, I can tell. Aside from the numbers and so forth, why do we need the Consumer Affairs agency? I guess that's what I'm asking.
A: Well, the Consumer Affairs agency as I recall from reading about it is they have the advocacy group which has to do with the consumer complaints and they represent the citizens with the rate with the public service authority. Whether it be electricity, water or whatever. And also there is a legal group that, if I remember correctly, that reviews the complaints and, if necessary, they investigate they try to resolve, if they can't resolve then they help the people with their legal actions.
Q: Do you feel like it's an honest job from what you know about it?
A: From what I've seen, I've seen the 1993 annual report. Very impressive. One of the things I found in there, there was ninety-seven complaints from Aiken County. I didn't see any from North Augusta, but there were ninety-seven complaints from Aiken County, all of which I think were resolved satisfactorily.
Q: Do the members of the commission have any questions?
MR. HINTON BEING EXAMINED BY MS. WHIPPLE:
Q: I see you've been a Boy Scout Master for twenty-five years?
A: Approximately twenty-five years. Two years after I came out of college I was Scout Master for about twelve years and then because of my age of my children I dropped out for about three or four years and then was... continued for another twelve years.
Q: It seems that you've been very conscientious in your commitment to your community organizations and you feel that you'd be able to bring that same kind of commitment to this?
A: Yes, I feel like that I... I don't want to get involved with something I can't devote my full attention to and do the best of my ability. Whether it's civic organization or with my church or even with my former employer. If I couldn't do the best job I could I don't want to undertake it. And I do have the time now to devote to something like this commission. I understand that it meets Tuesdays, second Tuesday of the month, I believe, is the way that it was stated.
THE CHAIRMAN: Any other questions?
Response: None
THE CHAIRMAN: Mr. Hinton, we appreciate your willingness to offer your time to this agency and appreciate your coming here today and answering the questions for us. We will file a report after several days, decide whose qualified and if qualified, we don't anticipate any problems finding you qualified. But, you need to understand that you cannot seek commitments from anyone in the House or the Senate until the report has been filed on the floor of the House and the Senate. You can certainly meet people and introduce yourself to the members of the general assembly, write a letter if you want to stating that you are a candidate and that you have been through screening but the report hasn't come out yet. You cannot ask for any kind of support or any commitment from anyone until that report is filed on the floor. Okay? Do you have any questions you would like to ask of us?
A: No. You said there's a letter will come out in the next two or three days, is that...
THE CHAIRMAN: The report of the commitment will come out in the next several days. We'll do that as quick as we can but we don't know just yet when that will be. But you... I'm just telling you you can write a letter if you feel like you would like to do so to the members of the general assembly introducing yourself to them, giving them your background or resume or whatever you'd like to do. You're certainly welcome to meet the members of the general assembly and introduce yourself to the, but you cannot ask anyone to commit to vote for you or to support you until the report from the committee has to be filed on the floor of the House and the Senate.
A: Then I will be notified of that?
THE CHAIRMAN: Just as soon as we have it, we'll notify you of it and when it will be introduced on the floor.
A: Okay. Very good. Well, thank you very much.
THE CHAIRMAN: Thank you. The next is Mr. Lesselbaum.
THE CHAIRMAN: Mr. Lesselbaum, if you'll have a seat right there for me.
A: Yes, sir.
THE CHAIRMAN: Want to welcome you with us today and...
A: Thank you, sir.
THE CHAIRMAN: And thank you for your willingness to serve and providing us with information that you have. And also your admission that you're a "Damned Yankee", I believe is the way you termed it in your letter here.
A: Two words now though, not one.
THE CHAIRMAN: And though you say you have the accent that you are or consider yourself a South Carolinian.
A: Yes, sir.
THE CHAIRMAN: We have some formal questions that we have to ask you as we do the other candidates.
A: Yes, sir.
THE CHAIRMAN: Then we'll open the floor for any questions by members of the committee. And before I begin questioning, I need to put you under oath, would you raise your right hand for me, please, sir.
MR. LESSELBAUM, being duly sworn testifies as follows:
1. Harold R. Lesselbaum
Home Address:
1829 Senate Street, Apt. 16-D
Columbia, South Carolina 29201
2. He was born 12/18/19 in Newark, New Jersey. He is presently 75 years old. Social Security #: ***-**-****.
5. He was married 7/31/42 to Muriel Schulman Lesselbaum. They have one child, Judith Maziar, age 50. She is a school teacher is Atlanta.
6. Military Service: Enlisted April 1942 - Army corps of Engineers. Corporal - Serial # 12064042. Certified disability, Honorable Discharge 10/18/43
7. Education: B.S. Forestry, Univ. of Ga., June 1941. He was awarded a certificate in surveying given in an Engineering, Science and Defense training course at Wake Forest College.
8. PUBLIC SERVICE: Member permanent advisory Council of SC State Development Board - 11/86 - 7/88. President of Williamsburg County Health Planning commission (Physician Recruitment) 15 years. Member of Town of Kingstree zoning Board of Appeals - 2 years. Member of Town of Kingstree Beautification Committee. Past President of Temple Beth of Kingstree. Former member and director of Kingstree Chamber of Commerce.
9. Organizations: Kingstree Masonic Lodge. Past Deputy Dist. Governor Lions Inter. Score volunteer. Treas. for friends of the Library of Kingstree. Publicity chairman for Williamsburg Co. unit American Cancer Society. Currently secretary for State Legislative Committee AARP. Vice Pres. for Heritage Homeowners Assoc. Board of Directors.
10. CHRONOLOGICAL REVIEW OF EMPLOYMENT HISTORY: Florida Forest service - 1941. US Corps of Engineers in Charleston, SC - 1942. District Forester, SC Forest Service in Florence and Kingstree. Partner in Lane Lumber Co. (Lumber Mfg.), Lane, SC. Partner in Williamsburg Bldg. Supply Co. for 38 years in Kingstree, SC. Salesman for Real Estate - McGill Agency in Kingstree, SC for 8 years.
19. Additional information that should be disclosed in connection with consideration of your nomination for this position: He is a member of the Ford Dispute Settlement Board (Charlotte District) and they arbitrate consumer complaints against Ford Motor Co.
21. Five (5) letters of recommendation: (1) Jim Cherry, Pres. Williamsburg First National Bank, Kingstree, SC. (2) Herman Mischner, past chairman, Midlands Chapter of The Service Corps of Retired Executives (SCORE). (3) Dr. Jim Morris, Dean Emeritus, College of Business Adm., USC Columbia, SC. (4) Dr. John F. Clark, Joint Energy Committee, Blatt Bldg., Columbia, SC. (5) Frank Burgdorf, Real Estate Commission Columbia, SC. (6) Retired Lt. Col. Charles Davis Former member of Chemistry Dept. Faculty, USC, Columbia, SC.
MR. LESSELBAUM BEING EXAMINED BY MR. COURTNEY:
Q: Mr. Lesselbaum?
A: That's correct.
Q: Mr. Lesselbaum, do you or any member of your family own or operate any businesses contracting with the State or Federal government?
A: No, sir.
Q: Do you or any member of your family own or operate any business which receives funds from the Consumer Affairs Commission?
A: No, sir.
Q: Have you ever been arrested, charged or held by Federal, State or other law enforcement authorities for violation of State or Federal or local laws?
A: No, sir.
Q: Have you, to your knowledge, ever been under Federal, State or local investigation for possible violations of the criminal statute?
A: No, sir.
Q: Have you ever been disciplined or cited for breach of ethics or unprofessional conduct by any court, agency, association or professional group?
A: No, sir.
Q: Are you now or have you ever been employed as a lobbyist or acted in the capacity of a lobbyist principal?
A: No, sir. I had better interject to keep the record straight. I am a member of the AARP State Legislative Committee, so I am an unpaid lobbyist.
Q: All right. In that capacity do you attend meetings here in the legislature?
A: Periodically, to monitor certain bills that would be of benefit to senior citizens.
Q: Okay. And in that capacity, do you discuss with the members of the legislature pending legislation, have you done that in the past?
A: I have made some calls, yes, sir, to an individual member of the legislature.
Q: How long has it been since you've been involved? Has it been recent?
A: About a... a little over a year.
Q: Are you a registered lobbyist?
A: No, sir.
Q: Just a member of the organization?
A: That's right.
Q: Any member of the committee have any other questions about that particular question?
MR. BAILEY: No, sir. Just for the record, I don't see any conflict there as long as you're not, you know, registered and not a lobbyist.
A: No, no.
MR. BAILEY: You sure have your right to voice your opinion.
A: Yes, sir.
Q: Can you think of any reasons, any other legal reason why you may have difficulty performing your duties of this elected position?
A: None whatsoever.
Q: Mr. Lesselbaum, we've been provided with your application and letters of recommendation and all, but we'd like to hear from you a little bit about yourself, why you're interested in becoming a member of the Consumer Affairs Commission, how you think you can contribute to it as it serves the citizens of South Carolina.
A: Yes, sir. I've covered a good bit of it in my letter that you have. I don't have to read that again, you've read it, I presume. Or do I read the statement I have here?
Q: Each of us have that. It refers to a little background about yourself. The employment you had and what experience you've had you feel would help you in serving.
A: Well, there's going in setting up this letter to you about my qualifications, there's something that in afterthought I did overlook that I want to bring up right now. When I came to South Carolina I started out in Camden in the district forest office as a forest technician. Soon thereafter, within the year, a vacancy opened in the Florence District and they made me district forester in Florence and subsequently the state passed a fire control act which created a new district office in Kingstree. I put in for that office mainly because I couldn't find a place to live in Florence at the time for my wife and eight months old baby. Having been involved as a district forester one of our aims and purposes is to aid and assist land owners in the management of their timer and that was my first experience where I was exposed to certain unethical practices, namely a farmer has a wood lot and he wants to sell his timber. He doesn't think in terms of a timber cruise or land examination. A logger comes along and says, "Here, I'll offer you X number of dollars for this piece of timber." He doesn't know whether he's getting too much or too little. The forest service would render a service where we would go in for the land owner or timber owner, make a woodland examination, give him a report and if he wants to sell his timber we would go in and selectively mark the trees to be cut so that he's insured of two things, an accurate estimate of what's he getting, the value he's getting for his timber and also setting up a sort of sustained yield basis so that maybe his children or grandchildren down the road will still have timber to cut. So this is my first experience with something that would be unethical and therefore, I became, back then, very sympathetic with the consumer. And I felt that has helped me with all these other things, maybe me to the point where I, myself, am a consumer so I'm also being kind of selfish, I want the consumer to be protected. I'm very impressed, I read the legislation or the legislation for the setup of your department for consumer affairs and I was very impressed. I'm retired, I'm still involved in some things, as you may have read. I just got back last week, the Ford Consumer Appeals Board, Charlotte District, where once a month we meet, a four member board, completely unbiased, no affiliation with Ford Motor Company, whatsoever. You as a consumer comes in with a complaint against a dealer or a company. You cannot have any reconciliation. You come before us and we analyze the thing. The board consists of a Ford dealer, a qualified automotive expert and two lay persons, or two consumers I should say. I'm one of the consumers on that board. It is so unbiased if it's a tie vote, if two vote for the consumer and two against the consumer automatically gets the decision. On the contrary if the vote goes to Ford Motor Company, that would have to be unanimous or three to one. The consumer still has restitution because he could go through litigation.
Q: How were you placed on that board?
A: There was an opening and I applied. In fact, I think in my resume I sent you the Ford... the Dispute Settlement Board application that shows the whole thing. My brother-in-law was on it prior and he knew he was getting off and frankly said, "Harold, this is a well worthwhile interesting experience." Incidently it's unpaid, it's strictly volunteer. They do pay my expenses to Charlotte and whatever, one hotel and all that. He said, "Harold, put in for it." I did put in for it and the selection is not made by Ford Motor Company, it's made from the University of Michigan by a fellow by the name of Doc Jim Brown and he is the... they have a division at the University of Michigan on consumer appeals. He does the analysis, he makes the decision and then he tells Ford Motor Company, this man is qualified to serve on this board.
Q: How long have you been doing that?
A: I'm in my second year now. And it is absolutely fascinating. The procedure is one week before I go to Charlotte, the meeting's on Friday. I get a packet, from Federal Express,... the maximum we ever had, I got a packet, it was twenty-five cases. You sit there... I sit there all week and go over these cases one by one, make by decision and then we meet Friday and take case by case and there were three other decisions there. We discuss it and arrive at a decision. On the application from the consumer it will say do you want to make a personal appearance. If they say yes... and some cases they have to in order for us to look at the car. Particularly on a paint job. They come before the board and we give them some time to further their request of what they want and then, in some cases, where's motor trouble we all go out and look at the car. Well, I'm a consumer, I don't know anything about automotive, so it's up to the automotive expert and he inspects the car and, in some cases, the consumer will have a legitimate excuse and sometimes they don't. So that's basically the modis operandi, you might say, and that's the way we do it. And I might go one step further. They also have another thing. Sometimes they get a decision they can turn in a rebuttal and we review the case a second time. So it's a very fair equitable method of protecting the consumer.
Q: What do you know about he Consumer Affairs agency itself as far what it's purposes in the State of South Carolina?
A: Well, I had one of the best briefings I could have ever had. At one of your state legislative committee meetings the AARP, about a year ago, Steve Hamm was our guest speaker and he spelled it out for us and that also made me very impressed with what the Consumer Affairs Commission is trying to do and I think it's... all state agencies are important. I think this is more... more important ones.
Q: What does it do?
A: Well, it's helping the consumer... well, I guess one of the big things is, incidently AARP was... monitored this utilities situation with telephone rates and electric utilities and all that. I think that might be a feather in Steve Hamm's cap. I think he was very instrumental in getting some good results there for the consumer.
Q: I believe you would be a strong advocate for the consumer.
A: You could depend on that, sir.
Q: Any questions from the members of the committee?
Response: None
Q: Mr. Lesselbaum, again we appreciate your being here and appreciate your being willing to serve. It's not often that people are willing to sacrifice their time that it is necessary to serve in capacities such as this. We commend you for that. In the next several days we will release a report that defines as to who has qualified as candidates. You cannot seek commitments from any members of the legislature at this time or ask anyone to support you at this time,...
A: Yes, sir.
Q: ... until that has been released.
A: Now is that released through the press or directly to me or...
Q: We will inform you. Our staff will inform you and until it is actually reported on the floor of the house and the senate, you cannot seek commitments or support.
A: I understand that, sir.
Q: You are welcome, in the mean time, to write any letters that you want to members of the general assembly stating that you are a candidate and that you have gone through screening and that the report hasn't been released. You can introduce yourself to the members of the general assembly, around the buildings or at receptions and all that we have.
A: Yes, sir.
Q: You just can't ask cannot ask for commitments or support until that is filed.
A: I understand, sir.
Q: Do you have any questions of the committee?
A: I believe that pretty well covers it. I do want to say that I appreciate thereafter opportunity of appearing before you and if I am appointed I assure you I'll do my best.
Q: It will be elected, of course, not appointed.
A: I'm sorry, I knew that. That procedure, that's a joint session of house and...
Q: That is correct.
A: I see.
Q: Thank you.
A: Thank you, very much.
Q: Good to meet you.
THE CHAIRMAN: Mr. Neeley, we appreciate your being here today. We appreciate your applying for this position and we have certainly have had a chance to look over your questionnaire some and all of the information that you provided. There are some formal questions that I need to ask you to begin with, that we've asked all the other candidates. And following that we'll probably open it to the committee to ask any other questions and you will have an opportunity to state anything to us you want to also. Before I ask you any question, I need to place you under oath. If you will raise your right hand for me please sir.
EDWARD NEELEY, being duly sworn testifies as follows:
1. Edward B. Neeley
Home Address:
414 28th Ave. North #3
Myrtle Beach, South Carolina 29577
2. He was born 1/26/26 in Spartanburg, South Carolina. He is presently 69 years old. Social Security #***-**-****.
5. He was married May 12, 1951 to LaVerne B. Neeley.
6. Military Service: US Navy 1/44 to 4/45 - Fireman. Honorable - Medical was injured S.W. Pacific.
7. Education: USC 1943-1945. He left USC because he needed more commercial math. He graduated 1948 from Draughns Business College in Columbia, SC.
9. Organizations: Elks Lodge 1771, Myrtle Beach, SC. Life member Disabled American Veteran's, Myrtle Beach, SC.
10 Chronological review of employment history: Commercial credit Corp. Baltimore, Md. - September 1948 retired May 31, 1986.
21. Five (5) letters of recommendation from Myrtle Beach: (1) E.S. Sinbaugh, (2) Ricky Browning, (3) Ms. Billie Johnson, (4) William Garvey, (5) Ron L. Paige, Southern National Bank.
MR. NEELEY BEING EXAMINED BY MR. COURTNEY:
Q: Mr. Neeley do you or any member of your family own or operate any business which contracts with the State of Federal government?
A: No, sir.
Q: Do you or any member of your family own or operate any business which receives funds from the Consumer Affairs Commission?
A: No, sir.
Q: Have you ever been arrested, charged or held by Federal, State or other law enforcement authority for violation of State, Federal or local laws?
A: No, sir.
Q: Have you, to your knowledge, ever been under Federal, State or local investigation for possible violations of the criminal statute?
A: No, sir.
Q: Have you ever been disciplined or cited or breath of ethics or unprofessional conduct by any court or agency or association or professional group?
A: No, sir.
Q: Are you now or have you ever been employed as a lobbyist or acted in the capacity as a lobbyist principal?
A: No, sir.
Q: And do you know of any other legal reason that may cause you difficulty in performing the duties of this elected position?
A: I can think of none.
Q: Mr. Neeley, at this time we'd like to learn a little more about you and give you a few minutes and just tell us a little bit about your background. I know you come from a great place in South Carolina, that would be Spartanburg.
A: Yes, sir.
Q: That just happens to be where I'm from. And I recognize your name. I know some Neeleys up there. The lumber business for one thing...
A: Mainly that's the N-E-E-L-Y-S. That separates me from the money ...
Q: Okay.
A: ... in Rock Hill and Denmark with the N-E-E-L-Y-S.
Q: If you would give us a little bit of background about yourself, what your experiences have been so that we can... why you're interested in becoming a member of the Consumer Affairs Commission and what your feel you can contribute to it.
A: Well, one thing I put on that application, I said I went to the University of South Carolina twice and I left because of lack of math. Well, I was a sixteen year old kid in '43 just out of Columbia High School. There was a war going on. And I was more hep on what I was going to do to get in service then and I had Furman Cannon my professor at the University twice in accounting which I did well in, but when it come to algebra and geography and Spanish, and I'm trying to get out of there and go fight a war I wasn't interested in that and when I came back, I was injured in the Southwest Pacific, I came back and I was discharged I think the day Roosevelt died in April 14th of '45. I went back to the University and it was still the algebra and the Spanish and everything, so I quit and went to Drawns Business College where it used to be on Sumter Street, the twelve hundred block, and I took a two year course and I finished it in eight months. And I had, I think, a ninety-six grade average in accounting and everything which that was what I liked. And right after that I went to work for Commercial Credit. The day after Labor Day, 1948. I started at the bottom at an outside representative. I worked myself up to assistant manager in Augusta, Georgia. I was the district sales representative for Greenville, assistant manager Columbia and Charleston, back into Greenville and I ended up being appointed as the regional operations manager for the Piedmont region which was over some of the offices from West Virginia down through the Carolinas. Then I was promoted to Baltimore as director of branch operations for the whole country. And I stayed there for about two years and they wanted me to clear up a bad situation in Chicago and I went there as a regional vice president and that took everything from Michigan to the Dakotas and then they moved me to Dallas which is the Southwest and then moved me back to Baltimore which I had everything from Baltimore to the Canadian border and then I came back to the Carolinas. I had a mother who had Alzheimer's and I don't have any family or anything, so I took over the State of South Carolina and then I retired May of 1986. I was also a member, when I was in Baltimore, of the executive committee of the National Consumer Credit Counseling Service. Served by people from Sears and Federated Stores, Montgomery Ward and everything and all these consumer credit counseling services that we have through the U.S. And I've dealt with the public. I knew several people. I Emery Hilton, director of the financial institutions. I know Steve Hamm, I've talked to him on a good many occasions. I talked to Ken Porter, I think, who now has his job.
Q: Why did you become interested in Consumer Affairs?
A: I feel that with my experience and everything the way I've picked up on the way this company operates, you know the people trying to take advantage of people and everything else, that I've got some experience that maybe I could help my fellow citizens in my last few years. That would be the only way I would want anything to do with it, if I couldn't help someone or be beneficial...
Q: Do you know anything about the agency itself, had any experience with that?
A: Not overly, too much. I know it's kind of to police to keep people from taking advantage of the citizens. All companies, I think telephone companies, I've seen a lot of Steve. Before I moved to Myrtle Beach he lived about four doors from me, but I haven't talked with him in, I'd say, the last eight or nine years. But I just thought that maybe I could do something to help.
Q: Any questions from members of the commission?
EXAMINATION BY MR. BAILEY:
Q: Mr. Neeley, I'm George Bailey. The latter part of last year the House and Senate put together a Consumer Finance Study Committee, an ad hoc committee to study... I notice you were with Commercial Credit for many, many years. From your letters you did a magnificent job. Did you sit any, by chance, any of the hearings that we had dealing with the consumer finance people, the latter part of last year and the first part of this year?
A: No.
Q: I was just wondering, your face looked familiar.
A: No.
Q: Okay, sir.
A: I know when Emery Hempton was there and if I would see something that I didn't think was kosher, you know, going on and coming from out of state or something like that, I'd call up and have a little talk with him, Because I just don't approve of things like that.
THE CHAIRMAN: Any other questions from the committee?
Response: None
THE CHAIRMAN: Anything else, Mr. Neeley, you'd like to tell us about?
A: Well, I'm in good health. I was sixty-nine years old in January. I enjoy living in Myrtle Beach. I lived in Columbia a number of years. I've still got a house I want to sell here, but I enjoyed the work in the finance business. I enjoyed working with people. I've done sales, personnel, you name it. We have operations in ten or twelve states with a hundred and something offices and I've been president of I don't know how many corporations, state corporations, and everything. I was president of a bank and...
THE CHAIRMAN: Well, you're certainly well qualified as I see it and again, on behalf of the committee, thank you for applying, to begin with. It's hard to get people to get involved sometimes and sacrifice the time that's involved with something like this. You do understand that this is an elected position.
A: Yes.
THE CHAIRMAN: Elected by the general assembly. We will, in the next several days, issue a report of the committee citing the qualifications of everyone who has applied. Until that time, though, you cannot seek commitments from anyone in the Senate. You cannot ask for anybody's support. I want you to understand though that you are welcome to write any letters that you wish to, to members of the House and Senate telling them that you are a candidate, telling them your background and any information about yourself and that you've been through the screening, but you cannot ask for any commitment or any support from them. You certainly can roam the buildings here and introduce yourself to the members of the general assembly or attend any receptions that are held, anything like that that you want to do. Just understand that you cannot seek commitments or votes or support from anyone until the report is actually filed on the floor of the House and the Senate.
A: Right.
THE CHAIRMAN: Our staff will notify you when that will be. The election is May 25th.
A: Right.
THE CHAIRMAN: And we hope to get this report out as soon as we can before then to give you ample time to seek a commitment and so forth.
A: I don't think you'll have any problem with me on that because I don't like to get involved with these groups. Everything you get in, you know, somebody's got a group here, something there, and it causes a lot of dissension. I just like to stay level right across the board and I'm a friend with everybody. I don't want to go against one and one against this or anything like this. It's just not my nature. I appreciate your inviting me up. Thank you.
THE CHAIRMAN: Thank you. Well, I appreciate all of you being here.
MR. BAILEY: Yes, sir.
THE CHAIRMAN: It appears to me that we have four good candidates and it's a matter who they want to vote for. I guess we do need a motion by someone...
MR. BAILEY: I make the motion to report all the four candidates as qualified.
MR. TROTTER: Second it.
THE CHAIRMAN: All in favor of that say, "Aye."
Response: Aye.
THE CHAIRMAN: Oppose, "No."
Response: None
THE CHAIRMAN: The aye's have it. The staff will prepare a report to that effect and we'll issue a copy to each of you before we release it the general assembly.
MR. BAILEY: Thank you, Mr. Chairman, good meeting.
Summary
The following persons were unanimously found qualified for vacancy No. 3 on the SC Consumer Affairs Commission:
Ms. Lillian C. Bloom
Mr. James H. Hinton
Mr. Harold R. Lesselbaum
Mr. Edward B. Neeley
Respectfully submitted,
/s/Senator C. Tyrone Courtney, Chairman
/s/Senator Robert W. Hayes, Jr.
/s/Senator Glenn G. Reese
/s/Senator Dick Elliott
/s/Representative George Bailey
/s/Representative James N. Law
/s/Representative Teddy N. Trotter
/s/Representative Lucille S. Whipper
(On motion of Senator COURTNEY, with unanimous consent, ordered printed in the Journal.)
Columbia, S.C., May 17, 1995
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3023 -- Reps. Byrd, Baxley, Lloyd and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO TITLE 44, CHAPTER 43, SO AS TO ESTABLISH THE ORGAN AND TISSUE DONOR PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; AND TO ADD SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO CONTRIBUTE ONE DOLLAR TO THE ORGAN AND TISSUE PROGRAM AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE DEPARTMENT FOR THIS PROGRAM.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 18, 1995
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3037 -- Reps. Kirsh, Simrill, Meacham, S. Whipper, Stille, Walker, Sandifer, Cain, Whatley, Shissias, Riser and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS CERTAIN 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, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES.
Very respectfully,
Speaker of the House
On motion of Senator WILLIAMS, the Senate insisted upon its amendments to H. 3037 and asked for a Committee of Conference.
Whereupon, the PRESIDENT appointed Senators GLOVER, ROSE and STILWELL of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 17, 1995
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3026 -- Reps. Meacham, Cato, Marchbanks, Simrill, Cromer, Vaughn, Law, Keyserling, Elliott, Stille, Moody-Lawrence, Kelley, Richardson, Gamble, Walker, Phillips, Sandifer, Spearman and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-245 SO AS TO PROVIDE THAT A MEMBER OF A STATE BOARD, COUNCIL, COMMISSION, OR COMMITTEE WHO HAS THREE CONSECUTIVE UNEXCUSED ABSENCES FROM MEETINGS IS CONSIDERED REMOVED FROM OFFICE AND A VACANCY IS CREATED AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO EX OFFICIO MEMBERS OR THEIR DESIGNEES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 17, 1995
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3185 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-35-13 SO AS TO PROVIDE THAT NO VULNERABLE ADULT MAY BE CONSIDERED ABUSED OR NEGLECTED FOR THE SOLE REASON THAT THE VULNERABLE ADULT IS BEING FURNISHED NONMEDICAL REMEDIAL TREATMENT BY SPIRITUAL MEANS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 18, 1995
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Spearman, Koon and Witherspoon of the Committee of Conference on the part of the House on:
H. 3448 -- Reps. Spearman, McTeer and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-27 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON LAKE MURRAY IN CERTAIN AREAS AND PROVIDE PENALTIES.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 18, 1995
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3573 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-3-50 SO AS TO PROVIDE THAT A PUBLIC HOUSING AUTHORITY MAY OBTAIN DATA FROM THE DEPARTMENT OF REVENUE AND TAXATION AND THE EMPLOYMENT SECURITY COMMISSION TO VERIFY A PERSON'S ELIGIBILITY FOR A PUBLIC HOUSING PROGRAM AND TO PROVIDE THE METHOD OF MAKING AND RESPONDING TO THESE REQUESTS; AND TO AMEND SECTIONS 12-54-240, AS AMENDED, AND 41-29-170 OF THE 1976 CODE, RELATING TO AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION AND EMPLOYMENT SECURITY COMMISSION TO DISCLOSE OFFICIAL INFORMATION, SO AS TO AUTHORIZE DISCLOSURE TO A PUBLIC HOUSING AUTHORITY, AND PROVIDE FOR THE DISCLOSURE OF AN APPLICANT'S CURRENT AND PREVIOUS EMPLOYERS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Senator LEATHERMAN introduced Dr. Coleman Floyd of Florence, S.C., Doctor of the Day.
H. 3955 -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-505 SO AS TO AUTHORIZE CERTAIN FISHING ON LAKE ASHWOOD IN LEE COUNTY.
Senator LEVENTIS asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.
There was no objection.
On motion of Senator LEVENTIS, with unanimous consent, the Bill was ordered placed on the Calendar.
The following were introduced:
S. 855 -- Senators Thomas, Wilson, Courtney, Ryberg, Waldrep, Peeler, Gregory, Giese, Martin and Richter: A BILL TO AMEND TITLE 1 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT BY ADDING CHAPTER 33 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING IN ORDER TO CREATE OR IMPLEMENT AN AFFIRMATIVE ACTION PROGRAM.
Read the first time and referred to the Committee on Judiciary.
S. 856 -- Senators Thomas, Wilson, Courtney, Ryberg, Waldrep, Peeler, Giese, Martin and Mescher: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING IN ORDER TO CREATE OR IMPLEMENT AN AFFIRMATIVE ACTION PROGRAM.
Read the first time and referred to the Committee on Judiciary.
S. 857 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1869, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 858 -- Senators McConnell and Passailaigue: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE RIGHTS TO THE SALVAGE OF THE "HUNLEY" AND TO STUDY THE CLAIMS THAT ANY PERSON OR ENTITY MAY ASSERT AS IT RELATES TO THE "HUNLEY".
Senator PASSAILAIGUE explained the Resolution.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 859 -- Senator Land: A SENATE RESOLUTION RECOGNIZING AND THANKING THE HONORABLE JULIEN WEINBERG, JUDGE OF PROBATE OF CLARENDON COUNTY, FOR HIS DEDICATED PUBLIC SERVICE AND WISHING HIM HAPPINESS AND SUCCESS FOLLOWING HIS RETIREMENT FROM OFFICE.
The Senate Resolution was adopted.
H. 4225 -- Reps. Neal, Cromer, J. Brown, Byrd, Cotty, Harrison, Howard, Quinn, Rogers, Scott, Shissias, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, T. Brown, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, 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, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY AND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF EASTOVER'S MAYOR, THE HONORABLE LEWIS N. SCOTT OF RICHLAND COUNTY, WHO PASSED AWAY ON SUNDAY, MAY 14, 1995.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4235 -- Rep. Meacham: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FORT MILL HIGH SCHOOL "YELLOW JACKETS" MENS TENNIS TEAM OF YORK COUNTY AND ITS COACH FOR A TRULY OUTSTANDING SEASON BY WINNING THE 1995 CLASS AAA STATE CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3421 -- Reps. Keegan, Kelley, Martin, Worley, Thomas and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-75 SO AS TO AUTHORIZE THE DEPARTMENT OF VETERANS AFFAIRS TO ESTABLISH ONE OR MORE STATE VETERANS' CEMETERIES IN THE STATE AND TO PROVIDE FOR THE MANNER IN WHICH THE CEMETERIES SHALL BE ACQUIRED, MAINTAINED, AND OPERATED.
Read the first time and referred to the General Committee.
H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.
Read the first time and referred to the Committee on Judiciary.
H. 3751 -- Reps. Sandifer, R. Smith, Herdklotz, Sheheen, Sharpe, Jaskwhich, Fair, Simrill, Mason, Littlejohn, Cain, Hallman, Whatley, S. Whipper, Vaughn, Easterday, Trotter, Huff, Rice, Keyserling, Limehouse, Allison, Wells, D. Smith, Kinon, Seithel, Fleming, Robinson, Marchbanks, Witherspoon, Meacham, Cromer, Davenport, Lanford, Cato, Tripp, Boan, Martin, J. Young, Askins, G. Brown, Tucker, Haskins and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-165 SO AS TO AUTHORIZE THE TRANSFER OF PRESCRIPTIONS BETWEEN ONE PHARMACY IN THIS STATE AND ANOTHER FOR THE PURPOSE OF SECURING ONE REFILL OF THE PRESCRIPTION AT THE RECEIVING PHARMACY, AND TO PRESCRIBE THE TERMS AND CONDITIONS FOR SUCH TRANSFER.
Read the first time and referred to the Committee on Medical Affairs.
H. 3844 -- Rep. Cromer: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN EACH COUNTY BY CLERKS OF COURT, REGISTERS OF MESNE CONVEYANCES, AND COUNTY TREASURERS, SO AS TO REVISE CERTAIN OF THESE FEES AND COSTS.
Read the first time and referred to the Committee on Judiciary.
H. 3848 -- Rep. Cromer: A BILL TO AMEND SECTION 30-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH MORTGAGE ASSIGNMENTS MUST BE EXECUTED AND PROBATED, SO AS TO REQUIRE THAT ASSIGNMENT OF MORTGAGE FORMS INCLUDE THE NAME AND ADDRESS OF THE MORTGAGOR AND OF THE MORTGAGEE AND THE BOOK, PAGE, AND DATE OF RECORDING OF THE ORIGINAL MORTGAGE.
Read the first time and referred to the Committee on Judiciary.
H. 4136 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-250 SO AS TO PROVIDE THAT A PERSON WHO COLLECTS AND SUBMITS AN ANONYMOUS SAMPLE OF THE PERSON'S OWN BODY FLUID OR TISSUE FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING IS NOT REQUIRED TO REPORT A POSITIVE TEST RESULT AND THAT THE RESULTS ARE CONFIDENTIAL; AND TO FURTHER PROVIDE THAT A POSITIVE RESULT MUST BE REPORTED BY THE LABORATORY TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITHOUT IDENTIFYING INFORMATION INCLUDED IN THE REPORT.
Read the first time and referred to the Committee on Medical Affairs.
H. 4215 -- Reps. Cain and Sandifer: A BILL TO AMEND ACT 613 OF 1992, RELATING TO THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION AND THE SCHOOL DISTRICT OF OCONEE COUNTY, SO AS TO REDUCE FROM NINE TO FIVE THE NUMBER OF MEMBERS ON THE BOARD OF TRUSTEES, PROVIDE THAT AFTER SERVING THE COMPLETION OF THE CURRENT AT-LARGE TERMS THE DISTRICT IS GOVERNED BY TRUSTEES ELECTED ONLY FROM SINGLE-MEMBER DISTRICTS, PROVIDE FOR THE FILLING OF VACANCIES, AND REQUIRE A FILING FEE FOR A CANDIDATE FOR TRUSTEE.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4216 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE PRIMARY DRINKING WATER, DESIGNATED AS REGULATION DOCUMENT NUMBER 1830, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 4218 -- Rep. McAbee: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MCCORMICK COUNTY TRANSPORTATION COMMITTEE.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4219 -- Reps. Carnell, Klauber, McAbee and Stille: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE GREENWOOD COUNTY TRANSPORTATION COMMITTEE.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator WASHINGTON from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 3201 -- Rep. Simrill: A BILL TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES IN WHICH SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO PROVIDE THAT LOCAL SCHOOL BOARDS MAY MAKE SCHOOL DISTRICT FACILITIES SMOKE FREE AND TO PROVIDE AN EXCEPTION FOR GOVERNMENTAL ENTITIES THAT HAD A NONSMOKING POLICY IN EFFECT BEFORE AUGUST 1, 1990; AND TO DESIGNATE THE PROVISIONS OF THE CLEAN INDOOR AIR ACT AS CHAPTER 95, TITLE 44 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator GIESE from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 3269 -- Reps. Richardson, P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Kelley, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CERTAIN CONTINUING CARE RETIREMENT COMMUNITIES WHICH PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS.
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation polled out H. 3824 with no report:
H. 3824 -- Reps. Baxley, Keyserling, Martin, Thomas, Harrison, Shissias, Stuart, Moody-Lawrence, T. Brown, Wright, Riser, Harvin and McTeer: A BILL TO AMEND SECTION 56-3-4510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR THE NONGAME WILDLIFE AND NATURAL AREAS FUND, SO AS TO REVISE THE ANNUAL FEE FOR THE PLATES.
AYES
Land Leatherman Leventis O'Dell Smith, G. McGill Mescher Rose Short Rankin Richter Ryberg
NAYS
TOTAL--0
NOT VOTING
Williams Wilson Patterson Passailaigue Elliott Waldrep
Ordered for consideration tomorrow.
Senator ALEXANDER from the Committee on Medical Affairs submitted a favorable report on:
H. 4009 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: CONSTRUCTION, DEMOLITION AND LAND-CLEARING DEBRIS LANDFILLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1786, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator ALEXANDER from the Committee on Medical Affairs submitted a favorable report on:
H. 4010 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: USED OIL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1831, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:
H. 3867 -- Reps. Limehouse, Hutson, Rhoad, Riser and Witherspoon: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST TAKING STRIPED BASS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE LENGTH OF THE STRIPED BASS PROHIBITION AND THE RESTRICTED AREA IN THE SANTEE RIVER AND PROVIDE FOR A RESTRICTION IN THE TAILRACE CANAL AND THE COOPER AND WANDO RIVERS.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:
H. 3878 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF WHITE PERCH, SO AS TO DELETE THE REQUIREMENT THAT ONLY FRESH FISH ON ICE WITH AN INVOICE NOT OVER TWO WEEKS OLD MAY BE SOLD, THE PROHIBITION ON THE SALE OF FROZEN FISH, AND THE DATES THE FISH MAY BE SOLD.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:
H. 3984 -- Reps. Cotty, Sheheen, Baxley, Boan and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 25, TITLE 50, SO AS TO PROVIDE RESTRICTIONS FOR MOTORBOATS ON LAKE WATEREE.
Ordered for consideration tomorrow.
S. 533 -- Finance Committee: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW A GOVERNING BODY OF A MUNICIPALITY BY ORDINANCE TO EXEMPT FROM MUNICIPAL AD VALOREM TAX FOR NOT MORE THAN FIVE YEARS PROPERTY LOCATED IN THE MUNICIPALITY RECEIVING THE FIVE-YEAR EXEMPTION FROM COUNTY AD VALOREM TAXES AS NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, RESEARCH AND DEVELOPMENT FACILITIES, AND ADDITIONS TO SUCH FACILITIES, AND TO PROVIDE THAT THIS EXEMPTION FIRST IS ALLOWED WHEN THE STATE CONSTITUTION IS AMENDED SO AS TO AUTHORIZE THE EXEMPTION.
The House returned the Bill with amendments.
Senator PASSAILAIGUE explained the Bill.
On motion of Senator PASSAILAIGUE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 703 -- Senators Giese, Passailaigue and Glover: A BILL TO AMEND TITLE 44, CHAPTER 36, ARTICLE 1, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATEWIDE ALZHEIMER'S DISEASE AND RELATED DISORDERS REGISTRY, SO AS TO REVISE THE COMPOSITION OF THE ADVISORY COMMITTEE TO THE REGISTRY, TO PROVIDE FOR THE DUTIES OF THE COMMITTEE, TO REVISE THE CONFIDENTIALITY PROVISIONS, AND TO PROVIDE PENALTIES.
The House returned the Bill with amendments.
On motion of Senator GIESE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 219 -- Senators Greg Smith, Leventis, Cork, Rankin, Thomas and Hayes: A BILL TO AMEND SECTION 16-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.
The House returned the Bill with amendments.
On motion of Senator GREG SMITH, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
S. 526 -- Senators Passailaigue, McConnell, Washington, Richter, Greg Smith, Rose and Ford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE INTERSTATE 26 AND MEETING STREET EXTENSION CONNECTOR AT NORTH CHARLESTON, SOUTH CAROLINA, AS THE "MINER W. CROSBY CONNECTOR".
Returned with concurrence.
Received as information.
S. 527 -- Senators Passailaigue, McConnell, Richter, Washington, Greg Smith and Ford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE INTERSTATE 26 AND INTERSTATE 526 INTERCHANGE AT NORTH CHARLESTON, SOUTH CAROLINA, AS THE "LONNIE HAMILTON III INTERCHANGE".
Returned with concurrence.
Received as information.
S. 851 -- Senator Leventis: A CONCURRENT RESOLUTION TO CONGRATULATE THE SUMTER HIGH SCHOOL BOYS TRACK TEAM FOR WINNING THE 1995 CLASS AAAA STATE CHAMPIONSHIP AND TO CONGRATULATE THE SUMTER HIGH SCHOOL GIRLS TRACK TEAM FOR AN EXCELLENT YEAR AND A FINE RUNNER-UP PERFORMANCE AT THE 1995 CLASS AAAA STATE CHAMPIONSHIP.
Returned with concurrence.
Received as information.
S. 852 -- Senators Mescher and Passailaigue: A CONCURRENT RESOLUTION TO CONGRATULATE COACH F. GERALD MOODY OF MONCKS CORNER FOR HIS INDUCTION INTO THE SOUTH CAROLINA ATHLETIC COACHES ASSOCIATION HALL OF FAME AND TO RECOGNIZE HIS LIFELONG PROMOTION OF AND SUCCESSFUL PARTICIPATION IN SOUTH CAROLINA EDUCATION AND ATHLETICS.
Returned with concurrence.
Received as information.
S. 854 -- Senators Jackson, Courson, Giese, Patterson, Alexander, Bryan, Cork, Courtney, Drummond, Elliott, Ford, Glover, Gregory, Hayes, Holland, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, 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 TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF EASTOVER MAYOR LEWIS N. SCOTT, WHO DIED SUNDAY, MAY 14, 1995.
Returned with concurrence.
Received as information.
S. 238 -- Senators Leatherman and Elliott: A BILL TO AMEND SECTION 38-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE HEALTH MAINTENANCE ORGANIZATION ACT OF 1987, SO AS TO MAKE CHANGES TO THE DEFINITION OF "COPAYMENT" OR "DEDUCTIBLE"; TO AMEND SECTION 38-33-80, AS AMENDED, RELATING TO THE HEALTH MAINTENANCE ORGANIZATION ACT OF 1987, THE PROVISION THAT THE ENROLLEE IS ENTITLED TO EVIDENCE OF COVERAGE, THE CONTENTS OF THE EVIDENCE OF COVERAGE, DISCONTINUANCE OR REPLACEMENT OF COVERAGE, AND CHARGES FOR SERVICES, SO AS TO PROVIDE THAT A HEALTH MAINTENANCE ORGANIZATION THAT ISSUES A HEALTH MAINTENANCE ORGANIZATION CONTRACT WHICH REQUIRES THE ENROLLEE TO PAY A SPECIFIED PERCENTAGE OF THE COST OF COVERED HEALTH CARE SERVICES SHALL CALCULATE THOSE COPAYMENTS AND DEDUCTIBLES ON THE NEGOTIATED REDUCED RATE OF THE PROVIDER, AND PROVIDE THAT NOTHING IN THIS SECTION PRECLUDES A HEALTH MAINTENANCE ORGANIZATION FROM ISSUING A CONTRACT WHICH CONTAINS FIXED DOLLAR COPAYMENTS AND DEDUCTIBLES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-241 SO AS TO PROVIDE THAT AN INSURER THAT NEGOTIATES REDUCED RATES WITH PROVIDERS FOR COVERED HEALTH CARE SERVICES UNDER AN INDIVIDUAL OR GROUP ACCIDENT AND HEALTH INSURANCE POLICY MUST PROVIDE THAT PERCENTAGE COPAYMENTS AND DEDUCTIBLES PAID BY THE INSURED ARE APPLIED TO THE NEGOTIATED REDUCED RATES OF THAT PROVIDER, AND PROVIDE THAT NOTHING IN THIS SECTION PRECLUDES AN INSURER FROM ISSUING A POLICY WHICH CONTAINS FIXED DOLLAR COPAYMENTS AND DEDUCTIBLES.
The House returned the Bill with amendments.
Senator LEATHERMAN proposed the following amendment (BBM\10312JM.95), which was adopted:
Amend the bill, as and if amended, page 2, line 14, by inserting /or lesser charge/ between /rate/ and /of/.
Amend further, page 2, line 27, by inserting /or lesser charge/ between /rate/ and /of/.
Amend further, page 2, line 38, by inserting /or lesser charge/ between /rates/ and /of/.
Amend further, page 5, by striking lines 13 through 18 and inserting:
/SECTION 7. The 1976 Code is amended by adding:
"Section 38-33-310. Nothing in this chapter may be construed to prevent a health maintenance organization from contracting with an out-of-state provider."
SECTION 8. Sections 4, 6, and 7 of this act take effect upon approval by the Governor.
SECTION 9. Except as otherwise specifically provided in this act, this act takes effect one hundred twenty days after approval by the Governor./
Amend title to conform.
Senator LEATHERMAN explained the amendment.
There being no further amendments, the Bill was amended and ordered returned to the House with amendments.
S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.
The House returned the Bill with amendments.
Senator SETZLER proposed the following amendment (365R003.NGS), which was adopted:
Amend the bill, as and if amended, by striking after all enacting words and inserting in lieu thereof the following:
/SECTION 1. Section 59-103-10 of the 1976 Code is amended to read:
"Section 59-103-10. In order to provide overview and oversight of the services provided by the public higher education institutions, serve as an advisor to the Governor and the General Assembly, and advocate the interests of students attending institutions of higher learning, there is created the State Commission on Higher Education. Two members must be appointed by the Governor from each congressional district upon the recommendation of the majority of the legislative delegation members from the district. Six members must be appointed by the Governor from the State at large with the advice and consent of the Senate. Members must be appointed for terms of four years and until their successors are appointed and qualify. No one is eligible to serve on the commission for more than two consecutive terms. A term served by a member which is less than a full four-year term must not be counted in determining when a member has served the maximum number of terms. No member may be an employee or member of a governing body of a public or private institution of higher learning in this State. The commission shall consist of eleven members appointed by the Governor. The membership must consist of one at-large member to serve as chairman, one representative from each of the six congressional districts, three representatives of the public colleges and universities, and one representative of the independent colleges and universities of South Carolina.
The membership of the Commission on Higher Education must be as follows:
(1) Six members, one each to represent the six congressional districts of this State. These six members must be appointed by the Governor upon the advice and consent of the Senate. Each of these members must be a resident of the congressional district they represent and meet the minimum qualifications provided herein. In order to qualify for appointment, the representatives from the congressional districts must have experience in at least one of the following areas: business, the education of future leaders and teachers, management, or policy. A member representing the congressional districts must not have been, during the succeeding five years, a member of a governing body of a public institution of higher learning in this State and must not be employed or have immediate family members employed by any of the public colleges and universities of this State. These members must be appointed for terms of four years and shall not serve on the commission for more than two consecutive terms. However, the initial term of office for a member appointed from an even-numbered congressional district shall be two years.
If the boundaries of the congressional districts are changed, members serving on the commission shall continue to serve until the expiration of their current terms, but successors to members whose terms expire must be appointed from the newly defined congressional districts. If a congressional district is added, the commission must be enlarged to include a representative from that district.
(2) Three members to serve ex officio to represent the public colleges and universities. It shall not be a conflict of interest for any voting ex officio member to vote on matters pertaining to their individual college or university. One member must be serving on the board of trustees of one of the following public senior research institutions: Medical University of South Carolina, Clemson University, and University of South Carolina. One member must be serving on the board of trustees of one of the following four-year public institutions of higher learning: Francis Marion University, Coastal Carolina University, Lander University, Winthrop University, The Citadel, South Carolina State University, College of Charleston, University of South Carolina-Spartanburg, and University of South Carolina-Aiken; provided that if the representative for this group of schools is chosen from either the University of South Carolina-Spartanburg or the University of South Carolina-Aiken, the representative must be chosen from the local area Higher Education Commission rather than a board of trustees; and provided further that the representative may not be chosen from either the University of South Carolina-Spartanburg or the University of South Carolina-Aiken when the research institution represented on the board is the University of South Carolina. One member must be a member of one of the local area technical education commissions or the State Board for Technical and Comprehensive Education to represent the State Board for Technical and Comprehensive Education. These members must be appointed to serve terms of two years. No institution may be represented for more than one consecutive term.
(3) One ex officio member to represent the independent colleges and universities. The individual appointed must be serving as a member of the Advisory Council of Private College Presidents. This member must be appointed for a term of two years, may not serve more than two consecutive terms, and shall serve as a nonvoting member.
(4) One at-large member to serve as chairman. This member shall serve a term of four years and may not succeed himself on the commission.
The Governor, by his appointments, shall assure that various economic interests and minority groups, especially women and blacks, are fairly represented on the commission and shall attempt to assure that the graduates of no one public or private college or technical college are dominant on the commission. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. All members of the commission shall serve until their successors are appointed and qualify. The chairman of the commission must be elected annually by the members of the commission and may not serve as chairman for more than four consecutive years. Members recommended by the General Assembly must be residents of the appropriate congressional district. If the boundaries of congressional districts are changed, members serving on the commission continue to serve until the expiration of their terms, but successors to members whose terms expire must be appointed from the newly defined congressional district. If a congressional district is added, the commission must be enlarged to include representation from that district."
SECTION 2. Section 59-103-60 of the 1976 Code is amended to read:
"Section 59-103-60. The commission shall make such recommendations to the Governor's Office State Budget and Control Board and the General Assembly as to policies, programs, curricula, facilities, administration, and financing of all state-supported institutions of higher learning as may be considered desirable. The House Ways and Means Committee, the Senate Finance Committee, and the State Budget and Control Board may refer to the commission for investigation, study and report any requests of institutions of higher learning for new or additional appropriations for operating and for other purposes and for the establishment of new or expanded programs."
SECTION 3. Section 59-103-90 of the 1976 is amended to read:
"Section 59-103-90. An executive director must be appointed by the commission to manage and carry out the duties of the commission as prescribed by law and assigned by the commission. The executive director is not subject to the State Employee Grievance Procedure Act of 1982 and may be dismissed without cause.
A professional staff complement shall be established by the Commission on recommendation of the executive director which who shall insure ensure that there are persons on the staff who have the professional competence and experience to carry out the duties assigned and to insure ensure that there are persons on the staff who are familiar with the problems and capabilities of all of the principal types of state-supported institutions in the State. Provision shall be made for persons of high competence and strong professional experience in such the areas of academic affairs, public service and extension programs, business and financial affairs, institutional studies and long-range planning, student affairs, research and development, legal affairs, health affairs, institutional development, and for state and federal programs administered by the commission. The hiring of additional staff members to any position for which funds were not specifically appropriated by the General Assembly shall require prior approval by the General Assembly."
SECTION 4. The terms of the present members of the State Commission on Higher Education shall expire on July 1, 1995, at which time the members of the commission selected in the manner provided by this act shall take office.
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator SETZLER explained the amendment.
There being no further amendments, the Bill was amended and ordered returned to the House with amendments.
S. 611 -- Senators McConnell and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.
The House returned the Bill with amendments.
Senator PASSAILAIGUE proposed the following amendment (611R001.ELP), which was adopted:
Amend the bill, as and if amended, page 1, Section 1, item B of Section 59-101-197, line 30, by striking the word /August/ and inserting the word /September/.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
There being no further amendments, the Bill was amended and ordered returned to the House with amendments.
S. 670 -- Senator Holland: A BILL TO PROVIDE THAT EACH MEMBER OF THE KERSHAW COUNTY TRANSPORTATION COMMITTEE MUST BE PAID THE SUM OF SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE.
The House returned the Bill with amendments.
Senator HOLLAND proposed the following amendment (670R001.DHH), which was adopted:
Amend the bill, as and if amended, page 1, line 29, by deleting the word / ten / and inserting the following:
/fifteen/.
Amend title to conform.
There being no further amendments, the Bill was amended and ordered returned to the House with amendments.
S. 753 -- Senator Passailaigue: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 6, 8, AND 20, SO AS TO REVISE, REORGANIZE, AND RECODIFY STATE TAX LAWS IMPOSING THE INDIVIDUAL AND CORPORATE INCOME TAX, PROVIDING FOR THE WITHHOLDING OF INCOME TAXES, AND IMPOSING THE CORPORATION LICENSE TAX; TO AMEND TITLE 12 BY ADDING CHAPTERS 56 AND 58, WHICH SHALL CONTAIN RESPECTIVELY THE FORMER PROVISIONS OF ARTICLE 3 OF CHAPTER 54, THE SETOFF DEBT COLLECTION ACT AND ARTICLE 5 OF CHAPTER 54, THE SOUTH CAROLINA TAXPAYERS' BILL OF RIGHTS; TO AMEND CHAPTER 54 OF TITLE 12 BY ADDING SECTIONS 12-54-15, 12-54-17, 12-54-42, 12-54-47, 12-54-85, 12-54-127, AND 12-54-135 SO AS TO MOVE ENFORCEMENT PROVISIONS TO THE CHAPTER CONSTITUTING THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND TAXATION; BY ADDING SECTION 50-1-280, SO AS TO MOVE THE PROVISIONS RELATING TO THE NONGAME WILDLIFE AND NATURAL AREAS FUND TO THE APPROPRIATE LOCATION IN TITLE 50, RELATING TO FISH, GAME, AND WATERCRAFT; TO AMEND SECTION 12-4-330, AS AMENDED, RELATING TO WITNESSES BEFORE THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO ALLOW THE DIRECTOR AND DESIGNATED OFFICERS TO ADMINISTER OATHS AND TAKE ACKNOWLEDGMENTS; TO AMEND SECTIONS 11-35-5230, AS AMENDED, 12-37-220, AS AMENDED, 12-54-30, AS AMENDED, 12-54-40, AS AMENDED, 12-54-55, AS AMENDED, 12-54-120, AS AMENDED, 12-54-210, 12-54-240, AS AMENDED, 41-44-10, 41-44-20, AND 41-44-70, ALL RELATING TO TAXATION, SO AS TO CONFORM THE SECTIONS TO THE RECODIFIED CHAPTERS ADDED BY THIS ACT, TO PROVIDE THAT A REPEAL OF A SECTION OF THE 1976 CODE BY THIS ACT DOES NOT PREVENT THE ASSESSMENT OR COLLECTION OF ANY TAX, INTEREST, OR PENALTIES DUE BEFORE THE EFFECTIVE DATE OF THIS ACT, TO PROVIDE FOR THE CONTINUAL APPLICATION OF CERTAIN DEPARTMENT REGULATIONS PROMULGATED PURSUANT TO THE PREDECESSOR PROVISIONS OF THE CHAPTERS ADDED BY THIS ACT, TO PROVIDE FOR CROSS REFERENCES AND THE DUTIES OF THE CODE COMMISSIONER IN THE RECODIFICATION ACCOMPLISHED BY THIS ACT; AND TO REPEAL CHAPTERS 7, 9, AND 19 OF TITLE 12 AND SECTIONS 41-44-30, 41-44-40, 41-44-50, 41-44-90, AND 41-44-100, ALL OF THE 1976 CODE, AND ALL RELATING TO TAXATION, EFFECTIVE FOR TAXABLE YEARS BEGINNING AFTER 1995.
The House returned the Bill with amendments.
Senator PASSAILAIGUE proposed the following amendment (JIC\6018HTC.95), which was adopted:
Amend the bill, as and if amended, Section 12-6-3360(A), as contained in Section 1, page 29, by adding beginning on line 23:
/In computing any tax payable by an insurance company under Section 38-7-90, the credit allowable under this section must be treated as a premium tax paid under Section 38-7-20./
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
There being no further amendments, the Bill was amended and ordered returned to the House with amendments.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 4042 -- Reps. Simrill and Elliott: A JOINT RESOLUTION TO PROVIDE FOR TEMPORARY QUALIFICATIONS AND FEES FOR LICENSURE AS A HOME INSPECTOR.
H. 3413 -- Reps. Townsend, Stille, Rogers, Riser, Cooper, McAbee, Williams, Wells, Trotter, Davenport and Carnell: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO REVISE THE RABBIT SEASON.
(By prior motion of Senator HOLLAND, with unanimous consent)
The following House Joint Resolution was read the third time and ordered returned to the House with amendments:
H. 4043 -- Reps. Simrill and Elliott: A JOINT RESOLUTION TO EXTEND THE EFFECTIVE DATE OF SECTIONS 3 AND 4 OF ACT 463 OF 1994, RELATING TO HOME AND COMMERCIAL INSPECTORS.
The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 842 -- Senator Saleeby: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE THE MAP REFERENCE WHICH DEFINES THE LINES OF THESE VOTING PRECINCTS, DELETE ARCHAIC REFERENCES AND PROVIDE THAT POLLING PLACES BE DETERMINED BY THE DARLINGTON COUNTY BOARD OF ELECTIONS AND REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE DARLINGTON COUNTY LEGISLATIVE DELEGATION.
(By prior motion of Senator SALEEBY)
S. 847 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE BOUNDARIES OF THE SINGLE-MEMBER DISTRICTS FROM WHICH TRUSTEES ARE ELECTED.
(By prior motion of Senator BRYAN)
S. 840 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - BOARD OF ACCOUNTANCY, RELATING TO REVOCATION OF REGISTRATION AND PENALTIES FOR REINSTATEMENT, OFFICE REGISTRATION, AND RESPONSIBILITIES AND PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1818, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 841 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - REAL ESTATE COMMISSION, RELATING TO TEACHING METHODS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1846, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 846 -- Senator Giese: 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 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.
Senator GIESE explained the Bill.
The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
H. 4146 -- Ways and Means Committee: A BILL TO AMEND THE 1976 CODE BY ADDING CHAPTER 28 TO TITLE 12 SO AS TO CONFORM SOUTH CAROLINA'S METHOD OF IMPOSING AN EXCISE TAX ON MOTOR FUEL TO FEDERAL LAW; AND TO REPEAL SECTIONS 39-41-20, 39-41-30, 39-41-40, 39-41-50, 39-41-60, 39-41-100, 39-41-110, 39-41-120, 39-41-130, AND 39-41-140 RELATING TO PETROLEUM AND PETROLEUM PRODUCTS, SECTIONS 12-27-210, 12-27-220, 12-27-230, 12-27-240, 12-27-250, 12-27-260, 12-27-270, 12-27-280, 12-27-300, 12-27-310, 12-27-320, 12-27-330, 12-27-340, 12-27-350, 12-27-360, 12-27-510, 12-27-520, 12-27-530, 12-27-540, 12-27-550, 12-27-560, 12-27-570, 12-27-580, 12-27-590, 12-27-600, 12-27-610, 12-27-710, 12-27-720, 12-27-730, 12-27-740, 12-27-750, 12-27-760, 12-27-770, 12-27-780, 12-27-790, 12-27-800, 12-27-810, 12-27-820, 12-27-830, 12-27-1010, 12-27-1110, 12-27-1120, 12-27-1210, 12-27-1220, 12-27-1230, 12-27-1240, 12-27-1250, 12-27-1260, 12-27-1265, AND 12-27-1510 RELATING TO GASOLINE TAXES, SECTIONS 12-29-10, 12-29-20, 12-29-30, 12-29-40, 12-29-110, 12-29-120, 12-29-130, 12-29-140, 12-29-150, 12-29-310, 12-29-320, 12-29-340, 12-29-350, 12-29-360, 12-29-370, 12-29-380, 12-29-390, 12-29-400, 12-29-410, 12-29-420, 12-29-430, 12-29-440, 12-29-610, 12-29-620, and 12-29-630 RELATING TO THE TAX ON MOTOR FUELS OTHER THAN GASOLINE, AND ARTICLE 1, CHAPTER 27, TITLE 12, RELATING TO GENERAL PROVISIONS FOR GASOLINE TAXES.
Senator RYBERG explained the Bill.
H. 4158 -- Ways and Means Committee: A BILL TO AMEND SECTIONS 12-4-710 AND 12-4-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DEPARTMENT OF REVENUE AND TAXATION WITH RESPECT TO PROPERTY TAX EXEMPTIONS AND THE METHOD OF APPLYING FOR THE EXEMPTIONS, SO AS TO REVISE OR EXTEND THE TIME FOR FILING EXEMPTION APPLICATIONS AND ADD ADDITIONAL CATEGORIES OF EXEMPTIONS FOR WHICH NO APPLICATION IS REQUIRED; TO PROVIDE THAT LISTING A PROPERTY AS EXEMPT ON A PROPERTY TAX RETURN IS CONSIDERED AN APPLICATION; TO REQUIRE PROPERTY TAXPAYERS FILING PROPERTY TAX RETURNS TO CLAIM THE EXEMPTION ON THE RETURN FOR EACH YEAR THE PROPERTY IS EXEMPT; AND TO PROVIDE WHEN ADDITIONAL APPLICATIONS MUST BE FILED BY TAXPAYERS NOT REQUIRED TO FILE ANNUAL PROPERTY TAX RETURNS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM IT TO THE AMENDMENTS MADE BY THIS ACT AND TO EXTEND THE EXEMPTION FOR TWO PERSONAL MOTOR VEHICLES OF PERSONS REQUIRED TO USE WHEELCHAIRS TO INSTANCES WHEN THE OWNER IS ELIGIBLE FOR THE SPECIAL MOTOR VEHICLE LICENSE PLATE ALLOWED SUCH PERSONS.
Senator LEATHERMAN explained the Bill.
H. 3608 -- Reps. Govan, Beatty, Moody-Lawrence and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-485 SO AS TO PROVIDE A PROCEDURE FOR DESIGNATING CERTAIN MOTOR VEHICLES AS "WRECKAGE" OR "SALVAGE" IN A MANNER WHICH SUFFICES TO INFORM THE TRANSFEREE OF SUCH A VEHICLE OF THE VEHICLE'S TRUE CONDITION.
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 (3609R001.JCL), which was adopted:
Amend the bill, as and if amended, by deleting lines 37 through 42 and inserting the following:
/Notwithstanding the provisions of this section, the owner of a vehicle whose total cost of repair, including all labor and parts, is estimated to be seventy-five percent or more of the fair market value of the vehicle must provide the department an affidavit from a person who reconstructs or rebuilds a vehicle indicating the cost of repair along with other data the department may prescribe to obtain a certificate of title. A certificate/
Amend the bill further, as and if amended, page 2, by striking SECTION 2 in its entirety and inserting in lieu thereof the following:
/SECTION 2. This act takes effect January 1, 1996./
Amend title to conform.
Senator ALEXANDER explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bill having been read the second time was ordered placed on the third reading Calendar:
H. 3840 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CONDITION OF INSTITUTIONS IN THIS STATE LENDING MONEY AND RECEIVING DEPOSITS, SO AS TO FURTHER PROVIDE FOR THE SUBMITTING OF THESE REPORTS; TO AMEND SECTION 34-3-420, RELATING TO STATEMENTS OF CONDITION WHICH MUST BE SENT TO THE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REVISE THE DATE THESE REPORTS MUST BE SUBMITTED AND THE CONDITIONS UNDER WHICH THESE REPORTS ARE REQUIRED AND SUBMITTED; AND TO REPEAL SECTIONS 34-3-390, 34-3-400, AND 34-3-410 RELATING TO STATEMENTS OF CONDITION REQUIRED OF CERTAIN BANKS OR INSTITUTIONS ENGAGED IN THE BANKING BUSINESS.
S. 240 -- Senators McConnell, Elliott, Rose and O'Dell: A BILL TO AMEND SECTIONS 22-9-10, 22-9-20, 22-9-70, 22-9-80, AND SECTION 22-9-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTABLES, SO AS TO PROVIDE THAT CONSTABLES MAY BE EMPLOYED BY A COUNTY AND IN THE EVENT THE COUNTY CHOOSES NOT TO EMPLOY CONSTABLES, EACH MAGISTRATE MAY APPOINT ONE CONSTABLE WITHIN HIS JURISDICTION, AND TO CONFORM OTHER PERTINENT PROVISIONS OF LAW PERTAINING TO CONSTABLES TO THE ABOVE PROVISIONS.
Senator PASSAILAIGUE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0240.001), which was adopted:
Amend the bill, as and if amended, page 1, line 27, in Section 22-9-10, as contained in SECTION 1, by striking line 27 in its entirety and inserting therein the following:
/township or municipality for which they are elected employed or appointed./.
Amend the bill further, as and if amended, page 2, beginning on line 3, in Section 22-9-20, as contained in SECTION 2, by striking lines 3 through 6 in their entirety and inserting therein the following:
/"Section 22-9-20. When any a person shall be is elected employed or appointed to the office of constable, he shall repair to the clerk's office of the county and, together with the evidence of his election employment or appointment, he shall lodge his bond in the /.
Amend the bill further, as and if amended, page 2, beginning on line 19, by inserting an appropriately numbered SECTION to read:
/SECTION ___. Section 22-9-50 of the 1976 Code is amended to read:
"Section 22-9-50. When not otherwise specially provided by law, every qualified constable shall be entitled to exercise his office throughout the county in which he may be elected employed or appointed."/.
Renumber sections to conform.
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator PASSAILAIGUE, S. 240 was ordered to receive a third reading on Friday, May 19, 1995.
H. 3652 -- Reps. Keegan, Meacham, A. Young, Cobb-Hunter, Wofford, Bailey, Delleney, Worley, Whatley, Kelley, Thomas, Gamble, Koon, Seithel, Wells, Huff, Witherspoon, Riser, Martin, Spearman, McTeer and Fulmer: A BILL TO AMEND SECTION 22-5-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPUNGEMENT OF A CRIMINAL RECORD, SO AS TO PROHIBIT THE EXPUNGEMENT OF A CRIMINAL RECORD FOR A CRIME CONTAINED IN CHAPTER 25 OF TITLE 16.
Senator RICHTER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators RICHTER, MARTIN and LEVENTIS proposed the following Amendment No. 1 (3652R007.LER):
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 40-5-310. (A) No person shall practice or solicit the cause of any other person in any court of this State unless he has been admitted and sworn as an attorney, under a penalty of five hundred dollars for every cause he shall so solicit, one half to the State and the other half to him that will sue for it.
(B) No person who does not meet the qualifications of an elector, other than the residency requirements of an elector, shall:
(1) be admitted to the practice of law in this State;
(2) practice or solicit the cause of any other person in any court of this State;
(3) associate with, or receive the benefit of an association with, another person for the purpose of practicing or solicting on behalf of a third person in any court of this State; or
(4) otherwise engage in the practice of law on behalf of any other person.
(C) If a person to whom subsection (B) applies does not meet the qualifications of an elector because they were convicted of a felony, after the person has completed their sentence, including probation and parole, the period of time for which subsection (B) applies shall be extended for a period of time equal in length to that of the felony for which the person was sentenced. However, the period of time after completion of a felony sentence that subsection (B) applies shall not exceed five years.
(D) Items (1), (2), (3) and (4) of subsection (B) are severable and if any one of these items is declared unconstitutional, the remaining items shall continue to have the force and effect of law./
Amend title to conform.
Senator RICHTER argued in favor of the adoption of the amendment.
Senator BRYAN raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators RICHTER, MARTIN, BRYAN and HOLLAND spoke on the Point of Order.
The PRESIDENT took the Point of Order under advisement.
There was an objection to the Bill.
H. 3784 -- Rep. Waldrop: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE HIGHWAY 121 IN NEWBERRY COUNTY AS THE "J. C. NEEL MEMORIAL HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3886 -- Reps. Spearman, McAbee and Clyburn: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF HIGHWAY 378 IN SALUDA COUNTY AS THE "CANDLER GRADY MATTHEWS, SR. HIGHWAY".
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3416 -- Reps. L. Whipper, Harrell, S. Whipper, Witherspoon, Shissias, Lloyd, Breeland, Dantzler, Hutson and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.
On motion of Senator MOORE, the Bill was carried over.
S. 757 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-16-75 SO AS TO PROHIBIT A SPECIAL INSPECTOR FROM PERFORMING ELEVATOR INSPECTIONS ON AN ELEVATOR ON WHICH HE OR HIS EMPLOYER HAS A CURRENT SERVICE OR WARRANTY CONTRACT.
On motion of Senator LEVENTIS, the Bill was carried over.
H. 3685 -- Reps. Walker, Baxley, Fleming, Neilson, Hines, Allison, Townsend, Beatty, Chamblee, Littlejohn, Wells, Davenport, Trotter, Lanford, Marchbanks and D. Smith: A BILL TO AMEND SECTION 59-30-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TESTING ARRANGEMENTS ON THE EXIT EXAMINATION FOR STUDENTS WITH LEARNING DISABILITIES, SO AS TO PROVIDE THAT STUDENTS WITH DYSCALCULIA, AND WITH OTHER DOCUMENTED LEARNING DISABILITIES IN MATHEMATICS AS STIPULATED BY REGULATION OF THE STATE BOARD OF EDUCATION, MAY USE A CALCULATOR ON THE MATH PORTIONS OF THE EXIT EXAMINATION.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator LANDER proposed the following amendment (S-EDUC\3685.001), which was adopted:
Amend the bill, as and if amended, on page 1, line 28, after /stipulated by/ by inserting:
/guidelines or/.
Amend title to conform.
On motion of Senator BRYAN, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator HOLLAND spoke on the Bill.
Senators HOLLAND, McCONNELL, MOORE, COURTNEY and JACKSON proposed the following Amendment No. 2 (JUD3096.019), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. The 1976 Code is amended by adding:
"Section 24-13-100. As used in this article, a 'community supervision offense' means:
16-1-40 Accessory, for any offense enumerated in this section
16-1-80 Attempt, for any offense enumerated in this section
16-3-10 Murder
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
16-3-50 Voluntary manslaughter
16-3-85(A)(1) Homicide by child abuse
16-3-85(A)(2) Aiding and abetting homicide by child abuse
16-3-210 Lynching, First degree
16-3-430 Killing in a duel
16-3-620 Assault and battery with intent to kill
16-3-652 Criminal sexual conduct, First degree
16-3-653 Criminal sexual conduct, Second degree
16-3-655 Criminal sexual conduct with minors
16-3-656 Assault with intent to commit criminal sexual
conduct, First and Second degree
16-3-910 Kidnapping
16-3-920 Conspiracy to commit kidnapping
16-11-110(A) Arson, First degree
16-11-311 Burglary, First degree
16-11-330(A) Armed robbery
16-11-330(B) Attempted armed robbery
16-11-540 Damaging or destroying building, vehicle, or other property by means of explosive incendiary, death results
25-7-30 Giving information respecting national or state defense to foreign contacts during war
25-7-40 Gathering information for an enemy
44-53-370 Prohibited Acts A, penalties
(b)(1) (narcotic drugs in Schedules I(b) and (c), LSD, and Schedule II)
Second, third or subsequent offense
44-53-370 Prohibited Acts A, penalties
(b)(2) (manufacture or possession of other substances in Schedule I, II, III, with intent to distribute)
Second, third or subsequent offense
44-53-370 Prohibited Acts A, penalties
(b)(3) (manufacture or possession of Schedule IV drugs with intent to distribute)
Second or subsequent offense
44-53-370 Prohibited Acts A, penalties
(b)(4) (manufacture or possession of Schedule V drugs with intent to distribute)
Second or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(1)(a)2 (trafficking - marijuana, 10 - 99.99 pounds)
Second offense
44-53-370 Prohibited Acts A, penalties
(e)(1)(a)3 (trafficking - marijuana, 10 - 99.99 pounds)
Third or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(1)(b) (trafficking - marijuana, 100 - 1,999.99 pounds)
44-53-370 Prohibited Acts A, penalties
(e)(1)(c) trafficking - marijuana, 2000 - 9,999.99 pounds)
44-53-370 Prohibited Acts A, penalties
(e)(1)(d) (trafficking - marijuana, 10,000 pounds of marijuana or more)
44-53-370 Prohibited Acts A, penalties
(e)(2)(a)2 (trafficking - cocaine, 10 - 27.99 grams)
Second offense
44-53-370 Prohibited Acts A, penalties
(e)(2)(a)3 (trafficking - cocaine, 10 - 27.99 grams)
Third or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(2)(b)1 (trafficking - cocaine, 28 - 99.99 grams)
First offense
44-53-370 Prohibited Acts A, penalties
(e)(2)(b)2 (trafficking - cocaine, 28 - 99.99 grams)
Second offense
44-53-370 Prohibited Acts A, penalties
(e)(2)(b)3 (trafficking - cocaine, 28 - 99.99 grams)
Third or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(2)(c) (trafficking - cocaine, 100 - 199.99 grams)
44-53-370 Prohibited Acts A, penalties
(e)(2)(d) (trafficking - cocaine, 200 - 399.99 grams)
44-53-370 Prohibited Acts A, penalties
(e)(2)(e) (trafficking - cocaine, 400 grams or more)
44-53-370 Prohibited Acts A, penalties
(e)(3)(a)1 (trafficking - illegal drugs, 4 - 13.99 grams)
First offense
44-53-370 Prohibited Acts A, penalties
(e)(3)(a)2 (trafficking - illegal drugs, 4 - 13.99 grams)
Second or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(3)(b) (trafficking - illegal drugs, 14 - 27.99 grams)
44-53-370 Prohibited Acts A, penalties
(e)(3)(c) (trafficking - illegal drugs, 28 grams or more)
44-53-370 Prohibited Acts A, penalties
(e)(4)(a)2 (trafficking - methaqualone, 15 - 149.99 grams)
Second offense
44-53-370 Prohibited Acts A, penalties
(e)(4)(b) (trafficking - methaqualone, 150 - 1,499.99 grams)
44-53-370 Prohibited Acts A, penalties
(e)(4)(c) (trafficking - methaqualone, possession of 1,500 grams, but less than 15 kilograms)
44-53-370 Prohibited Acts A, penalties
(e)(4)(d) (trafficking - methaqualone, 15 kilograms or more)
44-53-370 Prohibited Acts, penalties
(e)(5)(a)2 (trafficking - LSD, 100 - 499.99 dosage units)
Second offense
44-53-370 Prohibited Acts, penalties
(e)(5)(a)3 (trafficking - LSD, 100 - 499.99 dosage units)
Third or subsequent offense
44-53-370 Prohibited Acts, penalties
(e)(5)(b)1 (trafficking - LSD, 500 - 999.99 dosage units)
First offense
44-53-370 Prohibited Acts, penalties
(e)(5)(b)2 (trafficking - LSD, 500 - 999.99 dosage units)
Second offense
44-53-370 Prohibited Acts, penalties
(e)(5)(b)3 (trafficking - LSD, 500 - 999.99 dosage units)
Third or subsequent offense
44-53-370 Prohibited Acts, penalties
(e)(5)(c) (trafficking - LSD, 1,000 dosage units or more)
44-53-375 Manufacture, distribution, etc., ice, crank, or (B)(2) crack cocaine
Second offense
44-53-375 Manufacture, distribution, etc., ice, crank, or (B)(3) crack cocaine
Third or subsequent offense
44-53-375 Trafficking in ice, crank, or crack cocaine (10 - (C)(1)(b) 27.99 grams)
Second offense
44-53-375 Trafficking in ice, crank, or crack cocaine (10 - (C)(1)(c) 27.99 grams)
Third or subsequent offense
44-53-375 Trafficking in ice, crank, or crack cocaine (28 - (C)(2)(a) 99.99 grams)
First offense
44-53-375 Trafficking in ice, crank, or crack cocaine (28 - (C)(2)(b) 99.99 grams)
Second offense
44-53-375 Trafficking in ice, crank, or crack cocaine (28 - (C)(2)(c) 99.99 grams)
Third or subsequent offense
44-53-375 Trafficking in ice, crank, or crack cocaine (100 (C)(3) - 199.99 grams)
44-53-375 Trafficking in ice, crank, or crack cocaine (200 (C)(4) - 399.99 grams)
44-53-375 Trafficking in ice, crank, or crack cocaine (400 (C)(5) grams or more)
55-1-30(3) Unlawful removing or damaging of airport facility or equipment when death results
56-5-1030 Interference with traffic-control devices or (B)(3) railroad signs or signals prohibited
when death results from violation
58-17-4090 Obstruction of railroad, death results."
SECTION 2. The 1976 Code is amended by adding:
"Section 24-13-125. (A) No prisoner convicted of a 'community supervision offense' against this State and sentenced to the custody of the Department of Corrections, including a prisoner 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 eighty percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from participating in work release by another provision of law to be eligible for work release.
(B) If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold credits is solely the responsibility of officials named in this subsection."
SECTION 3. The 1976 Code is amended by adding:
"Section 24-13-150. (A) A prisoner convicted of a 'community supervision offense' against this State and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is not eligible for early release, discharge, or community supervision as provided in Section 24-21-560, until the prisoner has served at least eighty-five percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from participating in work release by another provision of law to be eligible for work release.
(B) If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold credits is solely the responsibility of officials named in this subsection."
SECTION 4. The 1976 Code is amended by adding:
"Section 24-13-175. Notwithstanding any other provision of law, sentences imposed and time served must be computed based upon a three hundred and sixty-five day year."
SECTION 5. The 1976 Code is amended by adding:
"Section 24-21-560. (A) Notwithstanding any other provision of law, except in cases in which the death penalty or a term of life imprisonment is imposed, any sentence for a 'community supervision offense' as defined in Section 24-13-100 must include any term of incarceration and completion of a community supervision program operated by the Department of Probation, Parole and Pardon Services. No prisoner who is serving a sentence for a 'community supervision offense' is eligible to participate in a community supervision program until he has served the minimum period of incarceration as set forth in Section 24-13-150. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from early release, discharge, or work release by any other provision of law to be eligible for early release, discharge, or work release.
(B) A community supervision program operated by the Department of Probation, Parole and Pardon Services must last no more than two continuous years. The period of time a prisoner is required to participate in a community supervision program and the individual terms and conditions of a prisoner's participation shall be at the discretion of the department based upon guidelines developed by the director. A prisoner participating in a community supervision program must be supervised by a probation agent of the department. The department must determine when a prisoner completes a community supervision program, violates a term of community supervision, fails to participate in a program satisfactorily, or whether a prisoner should appear before the court for revocation of the community supervision program.
(C) If the department determines that a prisoner has violated a term of the community supervision program and the community supervision should be revoked, a probation agent must initiate a proceeding in General Sessions Court. The proceeding must be initiated pursuant to a warrant or a citation issued by a probation agent setting forth the violations of the community supervision program. The court shall determine whether:
(1) the terms of the community supervision program are fair and reasonable;
(2) the prisoner has complied with the terms of the community supervision program;
(3) the prisoner should continue in the community supervision program under the current terms;
(4) the prisoner should continue in the community supervision program under other terms and conditions as the court considers appropriate;
(5) the prisoner has wilfully violated a term of the community supervision program.
If the court determines that a prisoner has wilfully violated a term or condition of the community supervision program, the court may impose any other terms or conditions considered appropriate and may continue the prisoner on community supervision, or the court may revoke the prisoner's community supervision and impose a sentence of up to one year for violation of the community supervision program. A prisoner who is incarcerated for revocation of the community supervision program is not eligible to earn any type of credits which would reduce the sentence for violation of the community supervision program.
(D) If a prisoner's community supervision is revoked by the court and the court imposes a period of incarceration for the revocation, the prisoner also must complete a community supervision program of up to two years as determined by the department pursuant to subsection (B) when he is released from incarceration. A prisoner who is sentenced for successive revocations of the community supervision program may not be required to serve, in addition to the original term of incarceration, terms of incarceration for successive revocations and periods of community supervision for successive revocations which, in the aggregate, exceed the original term of incarceration imposed for the 'community supervision offense'. The original term of incarceration does not include any portion of a suspended sentence.
If a prisoner's community supervision is revoked due to a conviction for another offense, the prisoner must complete a community supervision program of up to two continuous years as determined by the department after the prisoner has completed the service of the sentence for the community supervision revocation and any other term of imprisonment which may have been imposed for the criminal offense, except when the subsequent sentence is death or life imprisonment.
(E) A prisoner who successfully completes a community supervision program pursuant to this section has satisfied his sentence and must be discharged from his sentence.
(F) The Department of Corrections must notify the Department of Probation, Parole and Pardon Services of the projected release date of any inmate serving a sentence for a 'community supervision offense' one hundred eighty days in advance of his release to community supervision. For an offender sentenced to one hundred eighty days or less, the Department of Corrections immediately must notify the Department of Probation, Parole and Pardon Services.
(G) Victims registered pursuant to Section 16-3-1530(c) and the sheriff's office in the county where a prisoner sentenced for a 'community supervision offense' is to be released must be notified by the Department of Probation, Parole and Pardon Services when the prisoner is released to a community supervision program."
SECTION 6. Section 1-30-10(A)15 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"15. Department of Probation, Pardon and Parole and Pardon Services" .
SECTION 7. Section 1-30-10(F)(2)(iii) of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"(iii) Department of Probation, Pardon and Parole and Pardon Services created pursuant to Section 1-30-85 by the director of the former Department of Probation, Pardon and Parole;"
SECTION 8. Section 1-30-85 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-30-85. Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall must be administered as part of the Department of Probation, Pardon and Parole and Pardon Services:
Department of Probation, Pardon and Parole, formerly provided for at Section 24-21-10, et seq."
SECTION 9. Section 16-1-60 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"Section 16-1-60. For purposes of definition under South Carolina law a violent crime includes the offenses of murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); drug trafficking as defined in Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-110(A)); burglary in the first degree (Section 16-11-311); and burglary in the second degree (Section 16-11-312(B)),; engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); accessory before the fact to commit any of the above offenses (Section 16-1-40); and attempt to commit any of the above offenses (Section 16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses."
SECTION 10. 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 term of imprisonment for 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 imprisonment' means until death of the offender. No person sentenced to life imprisonment pursuant to this section is eligible for parole, community supervision, or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory life imprisonment required by this section. No person sentenced to a mandatory minimum term of imprisonment for thirty years pursuant to this section is eligible for parole or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory minimum term of imprisonment for thirty years required by this section. Provided, further, that under Under no circumstances may a female who is pregnant with child be executed so long as she is in that condition pregnant or for a period of at least nine months after she is no longer pregnant. When the Governor commutes a sentence of death to life imprisonment under the provisions of Section 14 of Article IV of the Constitution of South Carolina, 1895, the commutee is not eligible for parole., community supervision, or any early release program, nor is the No person sentenced under the provisions of this subsection may eligible to receive any work release credits, good time conduct credits, education credits, or any other credit credits that would reduce the mandatory imprisonment required by this subsection.
(B) When the State seeks the death penalty, Upon 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 term of imprisonment for 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) Aggravating 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.; or
(i) dismemberment of a person.
(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 the designation of the statutory aggravating circumstance or circumstances. 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 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 term of imprisonment for thirty years. No person sentenced to life imprisonment or a mandatory minimum term of imprisonment for thirty years under this section is eligible for parole or to receive any work credits, good conduct credits, education credits, or any other credits that would reduce the sentence required by this section. 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."
SECTION 11. Section 16-3-625 of the 1976 Code is amended to read:
"Section 16-3-625. Any A person seventeen years of age or older who resists the lawful efforts of a law enforcement officer to arrest him or her or any other another person with the use or threat of use of any a deadly weapon against the officer, when such and the person is in possession or claims to be in possession of a deadly weapon, shall be deemed is guilty of a felony and, upon conviction, shall must be punished by imprisonment for not more than ten nor less than two years. No sentence imposed hereunder for a first offense shall be suspended to less than six months nor shall the persons so sentenced be eligible for parole until after service of six months. No person sentenced under this section for a second or subsequent offense shall have such the sentence suspended to less than two years nor shall such the person be eligible for parole until after service of two years.
As used in this section 'deadly weapon' shall mean means a shotgun, rifle, pistol, or knife any instrument which can be used to inflict deadly force.
This section shall in no manner does not affect or replace the common law crime of assault and battery with intent to kill nor shall does it apply if the sentencing judge, in his discretion, elects to sentence an eligible defendant under the provisions of the 'Youthful Offenders Act'."
SECTION 12. Section 16-3-1180(C) of the 1976 Code is amended to read:
"(C) The aggregate of award to and on behalf of victims may not exceed ten thousand dollars unless the Crime Victim's Advisory Board, by two-thirds vote, and the director concur that extraordinary circumstances exist. In such case, the award may not exceed twenty-five thousand dollars."
SECTION 13. Section 16-3-1260 of the 1976 Code is amended to read:
"Section 16-3-1260. (1) Any A payment of benefits to, or on behalf of, a victim or intervenor, or eligible family member under this article shall create creates a debt due and owing to the State by any a person found in as determined by a court of competent jurisdiction of this State, to have who has committed such the criminal act.
(2) The circuit court, when placing on probation any a person who owes a debt to the State as a consequence of a criminal act, may set as a condition of probation the payment of the debt or a portion of the debt to the State. The court also may also set the schedule or amounts of payments subject to modification based on change of circumstances.
(3) The Department of Probation, Parole and Community Corrections Pardon Services shall also have the right to make payment of the debt or a portion of the debt to the State a condition of parole or community supervision.
(4) When a juvenile is adjudicated delinquent in a family court proceeding involving a crime upon which a claim under this article can be made, the family court, in its discretion, may order that the juvenile pay the debt to the Victim's Compensation Fund State Office of Victim Assistance, as created by this article, as an adult would have to pay had an adult committed the crime. Any assessments so ordered may be made a condition of probation as provided in Section 20-7-1330.
(5) Payments authorized or required under this section must be paid to the Victim's Compensation Fund State Office of Victim Assistance. The Director of the Victim's Compensation Fund State Office of Victim Assistance shall coordinate the development of policies and procedures for the South Carolina Department of Corrections, the Department of Juvenile Justice, the South Carolina Office of Court Administration, the Department of Probation, Parole and Pardon Services, and the South Carolina Board of Probation, Parole and Community Corrections Pardon Services to assure that victim restitution programs are administered in an effective manner to increase payments into the Compensation Fund State Office of Victim Assistance.
(6) Restitution payments to the Victim's Compensation Fund State Office of Victim Assistance may be made by the Department of Corrections from wages accumulated by offenders in its custody who are subject to this article, except that offenders offenders' wages shall must not be used for this purpose if such monthly wages are at or below minimums required to purchase basic necessities."
SECTION 14. The first paragraph of Section 16-3-1530(C) of the 1976 Code, as last amended by Act 68 of 1991, is further amended to read:
"Victims and witnesses A victim or witness who wish wishes to receive notification and information shall provide the solicitor, the Department of Corrections, and the Department of Probation, Parole and Pardon Services their his current address and telephone number. This information, as it is contained in Department of Corrections and Department of Probation, Parole and Pardon Services files, is privileged and must not be disclosed directly or indirectly, except between these two departments, or by order of a court of competent jurisdiction. The solicitor's office which is prosecuting the case has the responsibility of the rights in this subsection, except items (6) and (7) which are the responsibility of the Department of Probation, Parole and Pardon Services and the Department of Corrections."
SECTION 15. Section 16-3-1530(D)(3) of the 1976 Code is amended to read:
"(3) A victim has the right to receive restitution for expenses or property loss incurred as the result of the crime. The judge shall order restitution at every sentencing for a crime against person or property or as a condition of probation or parole, unless the court finds a substantial and compelling reason not to order restitution. The court shall diligently, fairly, and in a timely manner enforce all orders of restitution."
SECTION 16. Section 16-3-1550(B) of the 1976 Code, as last amended by Act 579 of 1988, is further amended to read:
"(B) It is the responsibility of the solicitor's Victim or Witness Assistance Unit in each judicial circuit or a representative designated by the solicitor or law enforcement agency handling the case to advise all victims of their right to submit to the court, orally or in writing at the victim's option, a victim impact statement to be considered by the judge at the sentencing or disposition hearing in general sessions court and at a parole hearing. The solicitor's office or law enforcement agency shall provide a copy of the written form to any victim who wishes to make a written report. In those cases which where the solicitor determines that there has been extensive or significant impact on the life of the victim, the Victim or Witness Assistance Unit shall assist the victim in completing the form. The victim shall submit this statement to the solicitor's office within appropriate time limits set by the solicitor to be filed in the court records by the solicitor's office so it may be available to the defense for a reasonable period of time prior to before sentencing. The court shall allow the defendant to have the opportunity to rebut the victim's written statement if the court decides to review any part of the statement before sentencing. If the defendant is incarcerated, the solicitor shall forward a copy of the impact statement and copies of all completed Victim/Witness Notification Requests to the Department of Corrections, the Department of Probation, Parole and Pardon Services, and to the Probation, Parole and Community Corrections Pardon Services Board. Solicitors shall begin using these victim impact statements no later than January 1, 1985."
SECTION 17. Section 16-11-311 of the 1976 Code is amended to read:
"Section 16-11-311. (A) A person is guilty of burglary in the first degree if the person enters a dwelling without consent and with intent to commit a crime therein in the dwelling, and either:
(1) when, in effecting entry or while in the dwelling or in immediate flight therefrom, he or another participant in the crime:
(a) is armed with a deadly weapon or explosive; or
(b) causes physical injury to any a person who is not a participant in the crime; or
(c) uses or threatens the use of a dangerous instrument; or
(d) displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or
(2) the burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or
(3) the entering or remaining occurs in the nighttime.
(B) Burglary in the first degree is a felony punishable by life imprisonment; provided, that the. For purposes of this section, 'life' means until death. The court, in its discretion, may sentence the defendant to a term of not less than fifteen years, provided, that no person convicted of burglary in the first degree shall be eligible for parole except upon service of not less than one-third of the term of the sentence."
SECTION 18. 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 prior conviction only if the date of the commission of the second or subsequent crime occurred subsequent to the imposition of the sentence for that prior offense.
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) Notwithstanding any other provision of law, except in cases in which the death penalty is imposed, upon a conviction for a most serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has one or more prior convictions for:
(1) a most serious offense;
(2) a federal or out-of-state conviction for an offense that would be classified as a most serious offense under this section; or
(3) any combination of the offenses listed in items (1) and (2) above.
(B) Notwithstanding any other provision of law, except in cases in which the death penalty is imposed, upon a conviction for a serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has two or more prior convictions for:
(1) a serious offense;
(2) a most serious offense;
(3) a federal or out-of-state offense that would be classified as a serious offense or most serious offense under this section; or
(4) any combination of the offenses listed in items (1), (2), and (3) above.
(C) As used in this section:
(1) 'Most serious offense' means:
16-1-40 Accessory, for any offense enumerated in this item
16-1-80 Attempt, for any offense enumerated in this item
16-3-10 Murder
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
16-3-50 Voluntary manslaughter
16-3-85(A)(1) Homicide by child abuse
16-3-85(A)(2) Aiding and abetting homicide by child abuse
16-3-210 Lynching, First degree
16-3-430 Killing in a duel
16-3-620 Assault and battery with intent to kill
16-3-652 Criminal sexual conduct, First degree
16-3-653 Criminal sexual conduct, Second degree
16-3-655 Criminal sexual conduct with minors
16-3-656 Assault with intent to commit criminal sexual conduct, First and Second degree
16-3-910 Kidnapping
16-3-920 Conspiracy to commit kidnapping
16-11-110(A) Arson, First degree
16-11-311 Burglary, First degree
16-11-330(A) Armed robbery
16-11-330(B) Attempted armed robbery
16-11-540 Damaging or destroying building, vehicle, or other property by means of explosive incendiary, death results
25-7-30 Giving information respecting national or state defense to foreign contacts during war
25-7-40 Gathering information for an enemy
55-1-30(3) Unlawful removing or damaging of airport facility or equipment when death results
56-5-1030 Interference with traffic-control devices or
(B)(3) railroad signs or signals prohibited when death results from violation
58-17-4090 Obstruction of railroad, death results.
(2) 'Serious offense' means:
(a) those felonies enumerated in Section 16-1-90(A) which are not referenced in subsection (C)(1);
(b) those felonies enumerated as follows:
12-7-2750 Tax evasion
16-3-220 Lynching, second degree
16-3-810 Engaging child for sexual performance
16-9-210 Giving or offering bribes to officers
16-9-220 Acceptance of bribes by officers
16-9-230 Acceptance of rebates or extra compensation
16-9-260 Corrupting jurors, arbitrators, umpires or referees
16-9-270 Acceptance of bribes by jurors, arbitrators, umpires or referees
16-9-290 Accepting bribes for purpose of procuring public office
16-11-312(B) Burglary, Second degree
16-13-210(1) Embezzlement of public funds
16-13-230 Breach of trust with fraudulent intent
(B)(3)
16-13-240(1) Obtaining signature or property by false pretenses
38-55-540(3) Insurance fraud
44-53-370(e) Trafficking in controlled substances
44-53-375(C) Trafficking in ice, crank, or crack cocaine
44-53-445 Distribute, sell, manufacture, or possess
(B)(1) & (2) with intent to distribute controlled substances within proximity of school
56-5-2945(c) Causing death by operating vehicle while under influence of drugs or alcohol; and the offenses enumerated below:
16-1-40 Accessory before the fact for any of the offenses listed in subitems (a) and (b)
16-1-80 Attempt to commit any of the offenses listed in subitems (a) and (b).
(3) 'Conviction' means any conviction, guilty plea, or plea of nolo contendere.
(D) Except as provided in subsection (E), no person sentenced pursuant to this section shall be eligible for early release or discharge in any form, whether by parole, work release, release to ameliorate prison overcrowding, or any other early release program, nor shall they be eligible for earned work credits, education credits, good conduct credits, or any similar program for early release.
(E) For the purpose of this section only, a person sentenced pursuant to this section may be paroled if:
(1) the Department of Corrections requests the Department of Probation, Parole and Pardon Services to consider the person for parole; and
(2) the Department of Probation, Parole and Pardon Services determines that due to the person's health or age he is no longer a threat to society; and
(a) the person has served at least thirty years of the sentence imposed pursuant to this section and has reached at least sixty-five years of age; or
(b) the person has served at least twenty years of the sentence imposed pursuant to this section and has reached at least seventy years of age; or
(c) the person is afflicted with a terminal illness where life expectancy is one year or less; or
(d) the person can produce evidence comprising the most extraordinary circumstances.
(F) For the purpose of determining a conviction under this section only, where a person is convicted for multiple offenses which were committed during a single chain of circumstances or a single course of conduct or connected transactions or times so closely connected in point of time that they may be considered as one offense, such multiple convictions must be treated as one conviction."
SECTION 19. Section 20-7-2205 of the 1976 Code, as last amended by Act No. 7 of 1995, is further amended to read:
"Section 20-7-2205. A Notwithstanding Section 20-7-2170, a child who is guilty of a violation of law or other misconduct which would not be a criminal offense if committed by an adult, including a child who has been found in contempt of court for violation of a court order related to the a violation of law or other misconduct which would not be a criminal offense if committed by an adult, or a child who violates the conditions of probation for an offense, a violation of law or other misconduct which would not be a criminal offense if committed by an adult must not may be committed to the custody of a correctional institution operated by the Department of Juvenile Justice or to secure evaluation centers operated by the department; however, a child committed under this section may not be confined with a child who has been determined by the department to be violent."
SECTION 20. Section 22-5-910 of the 1976 Code is amended to read:
"Section 22-5-910. Following a first offense conviction in a magistrate's court or a municipal court, the defendant after one year from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to an offense involving the operation of a motor vehicle, or to a violation of Title 50 or the regulations promulgated thereunder under it for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized, or to an offense contained in Chapter 25 of Title 16. If the defendant has had no other conviction during the one-year period following the first offense conviction in a magistrate's court or a municipal court, the circuit court shall issue an order expunging the records. No person may have his records expunged under this section more than one time once.
After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once.
As used in this section, 'conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail."
SECTION 21. Section 24-3-20 of the 1976 Code, as last amended by Act 181 of 1993 and Act 500 of 1994, is further amended to read:
"Section 24-3-20. (a)(A) Notwithstanding the provisions of Section 24-3-10, any A person convicted of an offense against the State of South Carolina and committed to the State Penitentiary at Columbia shall a state correctional facility must be in the custody of the South Carolina Department of Corrections of the State of South Carolina, and the director shall designate the place of confinement where the sentence shall must be served. Nothing in this section prevents a court from ordering a sentence to run concurrently with a sentence being served in another state or an active federal sentence. The director may designate as a place of confinement any available, suitable, and appropriate institution or facility, including a county jail or prison camp, whether maintained by the State department of Corrections or otherwise. Provided, that if If the facility is not maintained by the department, the consent of the sheriff of the county wherein where the facility is located must first be obtained.
(b)(B) When the director determines that the character and attitude of a prisoner reasonably indicates that he may be so trusted, it he may extend the limits of the place of confinement of the prisoner by authorizing him to work at paid employment or participate in a training program in the community on a voluntary basis while continuing as a prisoner, provided that the director determines that:
(1) such the paid employment will not result in the displacement of employed workers, nor be applied in skills, crafts, or trades in which there is surplus of available gainful labor in the locality, nor impair existing contracts for services; and
(2) the rates of pay and other conditions of employment will not be less than those paid and provided for work of similar nature in the locality in which the work is to be performed.
The department shall notify victims registered pursuant to Section 16-3-1530(c) and the trial judge, solicitor, and sheriff of the county or the law enforcement agency of the jurisdiction where the offense occurred before releasing inmates on work release. The department shall have the authority to deny release based upon opinions received from these persons, if any, as to the suitability of the release.
No prisoner's place of confinement may be extended as permitted by this subsection who is currently serving a sentence for or has a prior conviction of criminal sexual conduct in the first, second, or third degree,; attempted criminal sexual conduct,; assault with intent to commit criminal sexual conduct,; criminal sexual conduct when the victim is his legal spouse,; criminal sexual conduct with a minor,; committing or committing or attempting a lewd act on a child,; engaging a child for sexual performance,; or spousal sexual battery. No prisoner who is serving a sentence for a 'community supervision offense' as defined in Section 24-13-100 and who is otherwise eligible for work release shall have his place of confinement extended until he has served the minimum period of incarceration as set forth in Section 24-13-125.
(c)(C) Notwithstanding the provisions of Section 24-3-10 or any other provisions provision of law, the department shall make available for use in litter control and removal any or all prison inmates not engaged in programs determined by the department to be more beneficial in terms of rehabilitation and cost effectiveness. Provided, however, that the Department of Corrections The department shall not make available for litter control those inmates who, in the judgment of the director, pose a significant threat to the community or who are not physically, mentally, or emotionally able to perform work required in litter control. No inmate shall must be assigned to a county prison facility except upon written acceptance of the inmate by the chief county administrative officer or his designee, and no prisoner may be assigned to litter control in a county which maintains a facility unless he is assigned to the county prison facility. The department of Corrections shall include in its annual report to the Budget and Control Board an analysis of the job and program assignments of inmates. This plan shall include such programs as litter removal, prison industries, work release, education, and counseling. The Department of Corrections department shall make every effort to minimize not only inmate idleness but also occupation in marginally productive pursuits. The State Budget and Control Board and the Governor's Office shall comment in writing to the department concerning any necessary alterations in this plan.
(d)(D) Notwithstanding Section 24-13-125, The the Department of Corrections department may establish a restitution program for the purpose of allowing persons convicted of nonviolent offenses who are sentenced to the State Department of Corrections department to reimburse the victim for the value of the property stolen or damages caused by such the offense. In the event that there is If no victim is involved, the person convicted shall contribute to the administration of the program. The Department of Corrections department is authorized to promulgate regulations necessary to administer the program.
(e)(E) In the event that If a person is sentenced to not more than seven years and for not more than a second offense for the following offenses: larceny, grand larceny, forgery and counterfeiting, embezzlement, stolen property, damage to property, receiving stolen goods, shoplifting, housebreaking, fraud, vandalism, breach of trust with fraudulent intent, and storebreaking, the judge shall establish at the time of sentencing a maximum amount of property loss which may be used by the South Carolina Department of Corrections department in the administration of the restitution program."
SECTION 22. Section 24-3-410(B)(1) of the 1976 Code, as last amended by Act 19 of 1991, is further amended to read:
"(1) articles manufactured or produced by persons on parole, or probation, or community supervision;"
SECTION 23. Section 24-13-210 of the 1976 Code, as last amended by Section 437, Act 181 of 1993, is further amended to read:
"Section 24-13-210. (a)(A) Each A prisoner convicted of an offense against this State, except a 'community supervision offense' as defined in Section 24-13-100, and sentenced to the custody of the Department of Corrections including those prisoners a prisoner serving time in a local facility pursuant to a designated facilities facility agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution wherein where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of twenty days for each month served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good behavior conduct credit shall be is computed.
(B) A prisoner convicted of a 'community supervision offense' against this State as defined in Section 24-13-100 and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of three days for each month served. However, no prisoner convicted of a 'community supervision offense' is entitled to a reduction below the minimum term of incarceration provided in Section 24-13-125 or 24-13-150. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good conduct credit is computed.
(b)(C) Each A prisoner convicted of an offense against this State and confined in a local correctional facility, or upon the public works of any county in this State, whose record of conduct shows that he has faithfully observed all the rules of the institution wherein where he is confined, and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of one day for every two days served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which good behavior conduct credits must be computed.
(c)(D) If, during the term of imprisonment, a prisoner confined in a facility of the department commits any an offense or violates any one of the rules of the institution during his term of imprisonment, all or any part of his the good conduct time credit he has earned may be forfeited at in the discretion of the Director of the Department of Corrections, if the. If a prisoner be confined in facilities of the department, or a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the local official having charge of prisoners sentenced to terms of imprisonment at the local level the prisoner. The decision to withhold forfeited good conduct time is solely the responsibility of officials named in this subsection.
(d)(E) Any person who has served the term of imprisonment for which he has been sentenced less deductions allowed therefrom for good conduct, is considered upon release to have served the entire term for which he was sentenced unless the person is required to complete a community supervision program pursuant to Section 24-21-560. If the person is required to complete a community supervision program, he must complete his sentence as provided in Section 24-21-560 prior to discharge from the criminal justice system.
(F) No credits earned pursuant to this section may be applied in a manner which would prevent full participation in the Department of Probation, Parole and Pardon Services' prerelease or community supervision program as provided in Section 24-21-560."
SECTION 24. Section 24-13-220 of the 1976 Code is amended to read:
"Section 24-13-220. The provisions of Section 24-13-210 shall also apply to persons whose sentences have has been commuted, and in computing the time to be credited on the sentence as commuted the basis shall be on the record of the prisoner from the date of commutation. And when a sentence has been imposed and a portion thereof suspended, when a portion of a sentence which has been imposed is suspended. Credits earned time off for good behavior conduct shall be deducted from and computed on the time the person is actually required to serve, and the suspended sentence shall begin on the date of his release from servitude as herein provided."
SECTION 25. Section 24-13-230 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-13-230. (a) (A) The Director of the Department of Corrections may allow any prisoner in the custody of the department, except a prisoner convicted of a 'community supervision offense' as defined in Section 24-13-100, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of zero to one day for every two days he is employed or enrolled. However, no inmate serving the sentence of life imprisonment is entitled to credits under this provision. A maximum annual credit for both work credit and class education credit is limited to one hundred eighty days. The amount of credit to be earned for each duty classification or enrollment must be determined by the director and published by him in a conspicuous place available to inmates at each correctional institution. No credits earned under this section may be applied in a manner which would prevent full participation in the department's prerelease program.
(B) The Director of the Department of Corrections may allow a prisoner in the custody of the department serving a sentence for a 'community supervision offense' as defined in Section 24-13-100, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of six days for every month he is employed or enrolled. However, no inmate serving a sentence for life imprisonment or a mandatory minimum term of imprisonment for thirty years pursuant to Section 16-3-20 is entitled to credits under this provision. No prisoner convicted of a 'community supervision offense' is entitled to a reduction below the minimum term of incarceration provided in Section 24-13-150. A maximum annual credit for both work credit and education credit is limited to seventy-two days.
(C) No credits earned pursuant to this section may be applied in a manner which would prevent full participation in the Department of Probation, Parole and Pardon Services' prerelease or community supervision program as provided in Section 24-21-560.
(D) The amount of credit to be earned for each duty classification or enrollment must be determined by the director and published by him in a conspicuous place available to inmates at each correctional institution.
(b) (E) The official in charge of a local detention or correctional facility in which persons convicted of offenses against the State serve sentences of confinement shall allow any inmate serving such a sentence in the custody of the facility who is assigned to a mandatory productive duty assignment a reduction from the term of his sentence of zero to one day for every two days so employed. The amount of credit to be earned for each duty classification must be determined by the official in charge of the local detention or correctional facility and published by him in a conspicuous place available to inmates.
(c) (F)(1) An individual is only eligible for the educational credits provided for in this section, upon successful participation in an academic, technical, or vocational training program.
(2) The educational credit provided for in this section, is not available to any individual convicted of a violent crime as defined in Section 16-1-60.
(d)(G) The South Carolina Department of Corrections may not pay any tuition for college courses."
SECTION 26. Section 24-13-610 of the 1976 Code is amended to read:
"Section 24-13-610. The Department of Corrections (department) may establish an extended work release program. The program may allow the exceptional regular work release resident, male or female, convicted of a first and not more than a second offense, the opportunity of extended work release placement in the community with the privilege of residing with an approved community sponsor and continuing employment in the community; provided, that no person convicted of murder, or criminal sexual conduct in the first or second degree, a 'community supervision offense' as defined in Section 24-13-100 which was committed on or after the effective date of this section, or any other offense which is prohibited by another provision of law may participate in this extended work release program."
SECTION 27. Section 24-13-650 of the 1976 Code is amended to read:
"Section 24-13-650. No offender committed to incarceration under for a violent offense as defined in Section 16-1-60 or a 'community supervision offense' as defined in Section 24-13-100 may be released back into the community in which the offender committed the offense under the work release program, except in those cases wherein, where applicable, the victim of the crime for which the offender is charged or the relatives of the victim who have applied for notification under Section 16-3-1530 if the victim has died, the law enforcement agency which employed the arresting officer at the time of the arrest, and the circuit solicitor all agree to recommend that the offender be allowed to participate in the work release program in the community where the offense was committed. The victim or the victim's nearest living relative, the law enforcement agency, and the solicitor, as referenced above, must affirm in writing that the offender be allowed to return to the community in which the offense was committed to participate in the work release program."
SECTION 28. Section 24-13-710 of the 1976 Code is amended to read:
"Section 24-13-710. The Department of Corrections and the Department of Probation, Parole and Pardon Services shall jointly develop the policies, procedures, guidelines, and cooperative agreement for the implementation of a supervised furlough program which permits carefully screened and selected inmates who have served the mandatory minimum sentence as required by law or have not committed a violent crime as defined in Section 16-1-60, a 'community supervision offense' as defined in Section 24-13-100, nor committed the crime of criminal sexual conduct in the third degree as defined in Section 16-3-654, or the crime of committing or attempting a lewd act upon a child under the age of fourteen as defined in Section 16-15-140 to be released on furlough prior to parole eligibility and under the supervision of state probation and parole agents with the privilege of residing in an approved residence and continuing treatment, training, or employment in the community until parole eligibility or expiration of sentence, whichever is earlier. The department and the Department of Probation, Parole and Pardon Services shall assess a fee sufficient to cover the cost of the participant's supervision and any other financial obligations incurred because of his participation in the supervised furlough program as provided by this article. The two departments shall jointly develop and approve written guidelines for the program to include, but not be limited to, the selection criteria and process, requirements for supervision, conditions for participation, and removal. The cooperative agreement between the two departments shall specify the responsibilities and authority for implementing and operating the program. Inmates approved and placed on the program must be under the supervision of agents of the Department of Probation, Parole and Pardon Services who are responsible for insuring ensuring the inmate's compliance with the rules, regulations, and conditions of the program as well as monitoring the inmate's employment and participation in any of the prescribed and authorized community-based correctional programs such as vocational rehabilitation, technical education, and alcohol/drug treatment. Eligibility criteria for the program include, but are not limited to, all of the following requirements:
(1) maintain a clear disciplinary record for at least six months prior to consideration for placement on the program;
(2) demonstrate to Department of Corrections' officials a general desire to become a law-abiding member of society;
(3) satisfy any other reasonable requirements imposed upon him by the Department of Corrections;
(4) have an identifiable need for and willingness to participate in authorized community-based programs and rehabilitative services;
(5) have been committed to the State Department of Corrections with a total sentence of five years or less as the first or second adult commitment for a criminal offense for which the inmate received a sentence of one year or more. The Department of Corrections shall notify victims pursuant to Section 16-3-1530(c) as well as the sheriff's office of the place to be released before releasing inmates through any supervised furlough program.
These requirements do not apply to the crimes referred to in this section."
SECTION 29. Section 24-13-720 of the 1976 Code is amended to read:
"Section 24-13-720. Unless sentenced to life imprisonment, an inmate under the jurisdiction or control of the Department of Corrections who has not been convicted of a violent crime under the provisions of Section 16-1-60 or a 'community supervision offense' as defined in Section 24-13-100 may, within six months of the expiration of his sentence, be placed with the program provided for in Section 24-13-710 and is subject to every rule, regulation, and condition of the program. No inmate otherwise eligible under the provisions of this section for placement with the program may be so placed unless he has qualified under the selection criteria and process authorized by the provisions of Section 24-13-710. He must also have maintained a clear disciplinary record for at least six months prior to eligibility for placement with the program."
SECTION 30. Section 24-13-1310 of the 1976 Code is amended to read:
"Section 24-13-1310. As used in this article:
(1) 'Eligible inmate' means a person committed to the South Carolina Department of Corrections:
(a) who has not reached the age of thirty 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 or a 'community supervision offense' as defined in Section 24-13-100;
(d) who has not been incarcerated previously in a state correctional facility or has not served a sentence previously in a shock incarceration program;
(e) who physically is able to participate in the program;
(f) whose sentence specifically does not prohibit the offender from participating in the shock incarceration program.
(2) 'Shock incarceration program' means a program pursuant to which eligible inmates are selected directly at reception centers ordered by the court to participate in the program and serve ninety days in an incarceration facility, which provides rigorous physical activity, intensive regimentation, and discipline and rehabilitation therapy and programming.
(3) 'Director' means the Director of the Department of Corrections."
SECTION 31. Section 24-13-1320 of the 1976 Code is amended to read:
"Section 24-13-1320. (A) The director of the department, guided by consideration for the safety of the community and the welfare of the inmate, shall promulgate regulations, according to procedures set forth in the Administrative Procedures Act, for the shock incarceration program. The regulations must reflect the purpose of the program and include, but are not limited to, selection criteria, inmate discipline, programming and supervision, and program structure and administration.
(B) For each reception center the director shall appoint or cause to be appointed a shock incarceration selection committee which must include at least one representative of the Department of Probation, Parole and Pardon Services and which shall meet on a regularly scheduled basis to review all applications for a program.
(C) (B) A program may be established only at an institution classified by the director as a shock incarceration facility.
(D) (C) The department shall undertake studies and prepare reports periodically on the impact of a program and on whether the programmatic objectives are met."
SECTION 32. Section 24-13-1330 of the 1976 Code is amended to read:
"Section 24-13-1330. (A) An eligible inmate may make an application to the shock incarceration screening committee for permission to participate in a shock incarceration program. If the department has a victim witness notification request for an eligible inmate who has made an application, it shall notify the victim of the application.
(B) The committee shall consider input received from law enforcement agencies, victims, and others in making its decision for approval or disapproval of participation. If the committee determines that an inmate's participation in a program is consistent with the safety of the community, the welfare of the applicant, and the regulations of the department, the committee shall forward the application to the director or his designee for approval or disapproval.
(A) A court may order that an 'eligible inmate' be sentenced to the 'Shock Incarceration Program'. If an 'eligible inmate' is sentenced to the 'Shock Incarceration Program' he must be transferred to the custody of the department for evaluation.
(B) The department must evaluate the inmate to determine whether the inmate is physically, psychologically, and emotionally able to participate in this program.
(C) The director shall notify the court within fifteen working days if the inmate is physically, psychologically, and emotionally unsuitable for participation in the 'Shock Incarceration Program'. An unsuitable inmate must be returned to court for sentencing to another term as provided by law.
(C) (D) An applicant may not participate in a program unless he agrees to be bound by all of its terms and conditions and indicates this agreement by signing the following:
'I accept the foregoing program and agree to be bound by its terms and conditions. I understand that my participation in the program is a privilege that may be revoked at the sole discretion of the director. I understand that I shall complete the entire program successfully to obtain a certificate of earned eligibility upon the completion of the program, and if I do not complete the program successfully, for any reason, I will be transferred to a nonshock incarceration correctional facility to continue service of my sentence'.
(D) (E) An inmate who has completed a shock incarceration program successfully is eligible to receive a certificate of earned eligibility and must be granted parole release.
(E) (F) Participation in a shock incarceration program is a privilege. Nothing contained in this article confers upon an inmate the right to participate or continue to participate in a program."
SECTION 33. Section 24-13-1590(2) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(2) diminishes the lawful authority of the courts of this State, the Department of Juvenile Justice, or the Department of Probation, Parole and Pardon Services to regulate or impose conditions for probation, or parole, or community supervision."
SECTION 34. Section 24-19-160 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-19-160. Nothing in this chapter shall limit limits or affect affects the power of any a court to suspend the imposition or execution of any a sentence and place a youthful offender on probation.
Nothing in this chapter shall may be construed to amend, repeal, or affect the jurisdiction of the Department of Probation, Parole and Pardon Services or the Probation, Parole, and Pardon Services Board. For purposes of community supervision or parole purposes, a sentence pursuant to Section 24-19-50(e) shall be considered a sentence for six years."
SECTION 35. Section 24-21-10 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"Section 24-21-10. (A) The Department of Probation, Parole, and Pardon Services, hereafter referred to as the 'department', is governed by the Director of Probation, Parole, and Pardon Services, director of the department hereafter referred to as the 'director'. The director must be appointed by the Governor with the advice and consent of the Senate.
(B) The Board of Probation, Parole, and Pardon Services is composed of seven members. The terms of office of the members are for six years. Six of the seven members must be appointed from each of the congressional districts and one member must be appointed at large. Vacancies must be filled by gubernatorial appointment with the advice and consent of the Senate for the unexpired term. If a vacancy occurs during a recess of the Senate, the Governor may fill the vacancy by appointment for the unexpired term pending the consent of the Senate, provided the appointment is received for confirmation on the first day of the Senate's next meeting following the vacancy. A chairman must be elected annually by a majority of the membership of the board. The chairman may serve consecutive terms.
(C) The Governor shall deliver an appointment within sixty days of the expiration of a term, if an individual is being reappointed, or within ninety days of the expiration of a term, if an individual is an initial appointee. If a board member who is being reappointed is not confirmed within sixty days of receipt of the appointment by the Senate, the appointment is deemed considered rejected. For an initial appointee, if confirmation is not made within ninety days of receipt of the appointment by the Senate, the appointment is deemed rejected. The Senate may by resolution extend the period after which an appointment is deemed considered rejected. If the failure of the Senate to confirm an appointee would result in the lack of a quorum of board membership, the seat for which confirmation is denied or rejected shall not be considered when determining if a quorum of board membership exists."
SECTION 36. Section 24-21-13 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-13. (A) It is the duty of the director to oversee, manage, and control the department. The director shall develop written policies and procedures for the following:
(1) the supervising of offenders on probation, parole, community supervision, and other offenders released from incarceration prior to the expiration of their sentence;
(2) the consideration of paroles and pardons and the supervision of offenders in the community supervision program, and other offenders released from incarceration prior to the expiration of their sentence. The requirements for an offender's participation in the community supervision program and an offender's progress toward completing the program are to be decided administratively by the Department of Probation, Parole and Pardon Services. No inmate or future inmate shall have a 'liberty interest' or an 'expectancy of release' while in a community supervision program administered by the department;
(3) the operation of community-based correctional programs; and
(4) the operation of public work sentence programs for offenders as provided in item (1) of this subsection. This program also may be utilized as an alternative to technical revocations. The director shall establish priority programs for litter control along state and county highways. This must be included in the 'public service work' program.
(B) It is the duty of the board to consider cases for parole, and pardon, and any other form of clemency provided for under law."
SECTION 37. Section 24-21-30 of the 1976 Code is amended to read:
"Section 24-21-30. (A) A person who commits a 'community supervision offense' as defined in Section 24-13-100 on or after the effective date of this section is not eligible for parole consideration, but must complete a community supervision program as set forth in Section 24-21-560 prior to discharge from the sentence imposed by the court. For all offenders who are eligible for parole, The the board shall hold regular meetings, as may be necessary to carry out its duties, but at least four times each year, and as many extra meetings as the chairman, or the Governor acting through the chairman, may order. The board may preserve order at its meetings and punish any disrespect or contempt committed in its presence. The chairman may direct the members of the board to meet as three-member panels to hear matters relating to paroles and pardons as often as necessary to carry out the board's responsibilities. Membership on such these panels shall be periodically rotated on a random basis by the chairman. At the meetings of the panels, any unanimous vote shall be considered the final decision of the board, and the panel may issue an order of parole with the same force and effect of an order issued by the full board pursuant to Section 24-21-650. Any vote that is not unanimous shall not be considered as a decision of the board, and the matter shall be referred to the full board which shall decide it based on a vote of a majority of the membership.
(B) The board may grant parole to an offender who committed a violent crime as defined in Section 16-1-60 or a 'community supervision offense' as defined in Section 24-13-100 before the effective date of this section by a two-thirds majority vote of the full board. The board may grant parole to an offender who commits a violent crime as defined in Section 16-1-60 which is not included as a 'community supervision offense' as defined in Section 24-13-100 on or after the effective date of this section by a two-thirds majority vote of the full board. The board may grant parole to an offender convicted of an offense which is not a violent crime as defined in Section 16-1-60 or a 'community supervision offense' as defined in Section 24-13-100 by a unanimous vote of a three-member panel or by a majority vote of the full board.
Nothing in this subsection may be construed to allow any person who commits a 'community supervision offense' as defined in Section 24-13-100 on or after the effective date of this section to be eligible for parole."
SECTION 38. Section 24-21-50 of the 1976 Code is amended to read:
"Section 24-21-50. The board shall grant hearings and permit arguments and appearances by counsel or any individual before it at any such hearing while considering any a case for parole, pardon, or any other form of clemency provided for under law. No inmate has a right of confrontation at the hearing."
SECTION 39. Section 24-21-60 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-60. Every Each city, county, or state official or department shall assist and cooperate to further the objectives of this chapter. The board, the director of the department, and the probation agents may seek the cooperation of officials and departments and especially of the sheriffs, jailers, magistrates, police officials, and institutional officers. The director may conduct surveys of the State Penitentiary state correctional facilities, county jails, and camps and obtain information to enable the board to pass intelligently upon all applications for parole. The Director of the Department of Corrections and the wardens, jailers, sheriffs, supervisors, or other officers in whose control a prisoner may be committed must aid and assist the director and the probation agents in the surveys."
SECTION 40. Section 24-21-80 of the 1976 Code is amended to read:
"Section 24-21-80. Every person granted parole by the board and every An adult placed on probation, parole, or community supervision by a court of competent jurisdiction shall pay a regular supervision fee toward offsetting the cost of his supervision for so long as he remains under supervision. The regular supervision fee must be determined by the department Department of Probation, Parole and Pardon Services based upon the ability of the person to pay. The fee must be not less than twenty dollars nor more than one hundred dollars per month. The fee is due on the date of sentencing or as soon as determined by the department and each subsequent anniversary for the duration of the supervision period. The department shall remit from the fees collected an amount not to exceed the regular supervision fees collected during fiscal year 1992-93 for credit to the State General Fund. All regular supervision fees collected in excess of the fiscal year 1992-93 amount must be retained by the department, carried forward, and applied to the department's operation. The payment of the fee must be a condition of parole or probation, parole, or community supervision, and a delinquency of two months or more in making payments may operate as a revocation of parole or probation rendering the violator liable to serving out any remaining part of his sentence, after determination by the board or the court.
If a probationer is placed under intensive supervision by a court of competent jurisdiction, or if the board places a parolee under intensive supervision, or if an inmate who is participating in the Supervised Furlough Program is placed under intensive supervision, or if a person participating in a community supervision program is placed under intensive supervision, the probationer, parolee, or inmate, or community supervisee is required to pay not less than ten dollars nor more than thirty dollars each week for the duration of intensive supervision in lieu of the regular supervision fee. The intensive supervision fee must be determined by the department based upon the ability of the person to pay. Fees derived from persons under intensive supervision must be retained by the department, carried forward, and applied to the department's operation. The department may exempt any individual supervised by the department on any community supervision program from the payment of a part or all of the yearly or weekly fee during any part or all of the supervision period only if the department determines that exceptional circumstances exist such that these payments work a severe hardship on the individual. Delinquencies of two months or more in payment of a reduced fee operates in the same manner as delinquencies for the full amount. The department may substitute public service employment for supervision fees when it considers the same to be in the best interest of the State and the individual."
SECTION 41. Section 24-21-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-220. The director shall be is vested with the exclusive management and control of the department and shall be is responsible for the management of the department and for the proper care, treatment, supervision, and management of offenders under its control. The director shall manage and control the department and it shall be is the duty of the director to carry out the policies of the department. The director is responsible for scheduling board meetings, assuring that the proper cases and investigations are prepared for the board, maintaining the board's official records, and performing other administrative duties relating to the board's activities. The director must employ within his office such personnel as may be necessary to carry out his duties and responsibilities including the functions of probation, and parole, and community supervision, community-based programs, financial management, research and planning, staff development and training, and internal audit. The director shall make annual written reports to the board, the Governor, and the General Assembly providing statistical and other information pertinent to the department's activities."
SECTION 42. Section 24-21-230 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-230. The director must employ such probation agents as required for service in the State and such clerical assistants as may be necessary. Such The probation and parole agents must take and pass such psychological and qualifying examinations as directed by the director. The director must ensure that each probation agent receives adequate training. Until such the initial employment requirements are met, no person may take the oath of a probation agent nor exercise the authority granted thereto to them."
SECTION 43. Section 24-21-280 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-280. A probation agent must investigate all cases referred to him for investigation by the judges or director and report in writing. He must furnish to each person released on probation, parole, or community supervision under his supervision a written statement of the conditions of probation, parole, or community supervision and must instruct him regarding them. He must keep informed concerning the conduct and condition of each person on probation, or parole, or community supervision under his supervision by visiting, requiring reports, and in other ways, and must report in writing as often as the court or director may require. He must use practicable and suitable methods to aid and encourage persons on probation, or parole, or community supervision to bring about improvement in their conduct and condition. A probation agent must keep detailed records of his work, make reports in writing, and perform other duties as the director may require. A probation agent must have, in the execution of his duties, the power to issue an arrest warrant or a citation charging a violation of conditions of supervision, the powers of arrest, and to the extent necessary the same right to execute process given by law to sheriffs. In the performance of his duties of probation, and parole, community supervision, and investigation and supervision, he is regarded as the official representative of the court, and the department, and the board."
SECTION 44. Section 24-21-300 of the 1976 Code is amended to read:
"Section 24-21-300. At any time during a period of supervision, a probation and parole agent, instead of issuing a warrant, may issue a written citation and affidavit setting forth that the probationer, parolee, or community supervision releasee, or any a person released or furloughed under the Prison Overcrowding Powers Offender Management Systems Act in the agent's judgment violates the conditions of his release or suspended sentence. The citation must be directed to the probationer, the parolee, the community supervision releasee, or the person released or furloughed, and must require him to appear at a specified time, date, and court or other place, and must state the charges. The citation must set forth the probationer's, parolee's, or released or furloughed person's rights and contain a statement that a hearing will be held in his absence if he fails to appear and that he may be imprisoned as a result of his absence. The citation may be served by a law enforcement officer upon the request of a probation and parole agent. A certificate of service is sufficient proof of service. The issuance of a citation or warrant during the period of supervision gives jurisdiction to the court and the board at any hearing on the violation."
SECTION 45. Section 24-21-910 of the 1976 Code is amended to read:
"Section 24-21-910. The Probation, Parole, and Pardon Services Board shall consider all petitions for reprieves or the commutation of a sentence of death to life imprisonment which may be referred to it by the Governor and shall make its recommendations to the Governor regarding such the petitions. The Governor may or may not adopt such the recommendations but in case he does not he shall submit his reasons for not doing so to the General Assembly. The Governor may act on any such petition without reference to the board."
SECTION 46. Section 24-21-950 of the 1976 Code is amended to read:
"Section 24-21-950. (A) The following guidelines shall must be utilized by the board when determining when an individual is eligible for pardon consideration.
A.(1) Probationers shall must be considered upon the request of the individual anytime after discharge from supervision.
B.(2) Persons discharged from a sentence without benefit of parole shall must be considered upon the request of the individual anytime after the date of discharge.
C.(3) Parolees shall must be considered for a pardon upon the request of the individual anytime after the successful completion of five years under supervision. Parolees successfully completing the maximum parole period, if less than five years, shall must be considered for pardon upon the request of the individual anytime after the date of discharge.
D.(4) An inmate shall must be considered for pardon prior to before a parole eligibility date only when he can produce evidence comprising the most extraordinary circumstances.
E.(5) The victim of a crime or any a member of a convicted person's family living within this State may petition for a pardon for any a person who is no longer an inmate or a probationer has completed supervision or has been discharged from a sentence.
(B) Persons discharged from a sentence without benefit of supervision must be considered upon the request of the individual anytime after the date of discharge."
SECTION 47. Section 24-23-20 of the 1976 Code is amended to read:
"Section 24-23-20. The case classification plan shall must provide for case classification system consisting of the following:
(a)(1) supervisory control requirements which include, but are not limited to, restrictions on the probationer/parolee's movement in the community, living arrangements, social associations, and reporting requirements;
(b)(2) rehabilitation needs of probationer/parolee including, but not limited to, employment, education, training, alcohol and drug treatment, counseling and guidance with regard to alcohol and drug abuse, psychological or emotional problems, or handicaps;
(c)(3) categorization of the offender as to the extent and type of staff time needed, possible assignment to specialized caseload or treatment programs, and specifics as to the degree of perceived risk posed by the probationer/parolee;
(d)(4) identification of strategies and resources to meet the identified needs, and specific objectives for the probationer/parolee to strive to meet such as obtaining employment, participating in a counseling program, and securing better living arrangements;
(e)(5) periodic and systematic review of cases to assess the adequacy of supervisory controls, participation in rehabilitation programs, and need for recategorization based upon the behavior and progress of the probationer/parolee; and
(f)(6) regular statewide monitoring and evaluation of the case classification by appropriate supervisory, classification, and program development/ and evaluation staff in the central administrative office."
SECTION 48. Section 24-23-30 of the 1976 Code is amended to read:
"Section 24-23-30. The community corrections plan shall must include, but is not be limited to, describing the following community-based program needs:
(a)(1) an intensive supervision program for probationers, and parolees, and supervised prisoners who require more than average supervision;
(b)(2) a supervised inmate furlough or community supervision program whereby inmates under the jurisdiction of the Department of Corrections can be administratively transferred to the supervision of state probation and parole agents for the purposes of prerelease preparation, securing employment and living arrangements, or obtaining rehabilitation services;
(c)(3) a contract rehabilitation services program whereby private and public agencies, such as the Department of Vocational Rehabilitation, and the Department of Mental Health, and the various county commissions on alcohol and drug abuse, provide diagnostic and rehabilitative services to offenders who are under the board's jurisdiction;
(d)(4) community-based residential programs whereby public and private agencies as well as the board establish and operate halfway houses for those offenders who cannot perform satisfactorily on probation, or parole, or community supervision;
(e)(5) expanded use of presentence investigations and their role and potential for increasing the use of community-based programs, restitution, and victim assistance; and
(f)(6) identification of programs for youthful and first offenders."
SECTION 49. Section 24-23-40 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-23-40. The community corrections plan shall provide for the department's:
(a)(1) The department's development, implementation, monitoring, and evaluation of statewide policies, procedures, and agreements with state agencies, such as the Departments Department of Vocational Rehabilitation, the Department of Mental Health, and the Department of Alcohol and Other Drug Abuse Services, for purposes of coordination and referral of probationers, and parolees, and community supervision releasees for rehabilitation services.
(b)(2) The department's development of specific guidelines for the vigorous monitoring of restitution orders and fines to increase the efficiency of collection and development of a systematic reporting system so as to notify the judiciary of restitution and fine payment failures on a regular basis.
(c)(3) The department's development of a program development and evaluation capability so that the department can monitor and evaluate the effectiveness of the above programs as well as to conduct research and special studies on such issues as probation, parole, and community supervision outcomes, revocations, and recidivism.
(d)(4) The department's development of adequate training and staff development for its employees."
SECTION 50. Section 24-23-130 of the 1976 Code, as last amended by Act 134 of 1991, is further amended to read:
"Section 24-23-130. Upon the satisfactory fulfillment of the conditions of probation for a period of two years, the court may, with the recommendation of the agent in charge of the responsible county probation office, may terminate the probationer or supervised prisoner from supervision."
SECTION 51. The second paragraph of Section 24-23-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Assessments imposed as a condition of supervision upon release from prison as specified in Section 24-23-210 must be collected by the supervising agent who shall transmit those funds to the Department of Probation, Parole and Pardon Services where it must be deposited in to the State treasury Treasurer. The county treasurer, after duly noting and recording the receipt of the payments, shall transfer those funds to the State Treasurer who shall deposit them in the state's general fund. Assessments collected by municipal courts must be paid monthly to the municipal financial officer who, after duly noting and recording the receipt of the payments, shall transfer those funds to the State Treasurer as provided in this section. From these funds, an amount equal to one-half of the amount deposited in fiscal year 1986-87 must be appropriated to the department for the purpose of developing and operating community corrections programs. The remainder of the funds must be deposited in the Victim's Compensation Fund State Office of Victim Assistance. The director shall monitor the collection and reporting of these assessments imposed as a condition of supervision and assure that they are duly transferred properly to the State Treasurer."
SECTION 52. Section 44-53-375(D) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"(D) Except for a first offense, as provided in subsection subsections (A) and (B) of this section, sentences for violation of the provisions of this section may not be suspended and probation may not be granted. A person convicted and sentenced under this subsection to a mandatory term of imprisonment of twenty-five years, a mandatory minimum term of imprisonment of twenty-five years, or a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years is not eligible for parole, extended work release, as provided in Section 24-13-610, or supervised furlough, as provided in Section 24-13-710."
SECTION 53. Section 44-53-445(A) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(A) It is unlawful a separate criminal offense for a person to distribute, sell, purchase, manufacture, or to unlawfully possess with intent to distribute, a controlled substance while in, on, or within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university."
SECTION 54. Sections 16-3-27, 24-1-200, 24-3-10, 24-13-270, and 24-13-1340 of the 1976 Code are repealed.
SECTION 55. All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved. Except as otherwise provided, the provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.
SECTION 56. A study committee shall be appointed to study mandatory minimum sentences and alternative sentences for nonviolent offenders and examine anti-recidivism methods for first time 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 Attorney General of South Carolina or his designee, three appointees of the Speaker of the House of Representatives and three appointees of the President Pro Tempore of the Senate. The committee shall be staffed by the Sentencing Guidelines Commission and the staffs of the House and Senate Judiciary Committees.
SECTION 57. (A) Section 16-25-90 of the 1976 Code, as added by Act 7 of 1995, shall be both retroactive and prospective in application.
(B) This SECTION takes effect upon approval by the Governor.
SECTION 58. Except for SECTIONS 9 and 57 which take effect upon approval by the Governor, this act takes effect January 1, 1996, and applies prospectively to all crimes committed on or after that date./.
Amend title to conform.
Senator HOLLAND explained the amendment.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 1 (GJK\21988SD.95), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered to read:
/SECTION ____. Section 22-3-550 of the 1976 Code, as last amended by Section 28, Part II, Act 570 of 1994, is further amended to read:
"Section 22-3-550. Magistrates have jurisdiction of all offenses which may be subject to the penalties of a fine or forfeiture not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or both. and may impose any sentence within those limits, singly or in the alternative. In addition, a magistrate may order restitution he considers appropriate.
However, a magistrate shall not have the power to sentence any person to consecutive terms of imprisonment totaling more than ninety days. The provisions of this paragraph do not effect the transfer of criminal matters from the general sessions court made pursuant to Section 22-3-545."/
Renumber sections to conform.
Amend totals and title to conform.
Senator LEVENTIS explained the amendment.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
Senator BRYAN proposed the following Amendment No. A (JUD3096.023), which was tabled:
Amend the amendment, as and if amended, page 54, by striking SECTION 58 in its entirety and inserting therein the following:
/SECTION 58. This act takes effect upon approval by the Governor except as follows:
(1) Sections 1, 2, 3, 4, 5, 10, 17, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 36, 37, 40, 41, 42, 43, 44, 46, 47, 48, 49, 50, and 54 take effect when sentencing guidelines are enacted and become effective, and apply prospectively to all crimes committed on or after the effective date of sentencing guidelines.
(2) Sections 6, 7, 8, 11, 12, 13, 14, 15, 16, 19, 20, 35, 38, 39, 45, 51, 52, 53, 55, and 56 of this act take effect January 1, 1996./.
Amend title to conform.
Senator HOLLAND argued contra to the adoption of the amendment and Senator BRYAN argued in favor.
At 12:45 P.M., Senator MESCHER requested a leave of absence for the balance of the day.
Senator BRYAN continued arguing contra to the adoption of the amendment.
Senator MOORE raised the Point of Order that the Senator's remarks were tedious and superfluous.
Senator BRYAN spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The question then was the adoption of the amendment.
Senator HOLLAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators McCONNELL and PASSAILAIGUE proposed the following Amendment No. 3 (3096R001.GFM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Chapter 7, Title 54 of the 1976 Code is amended by adding:
"Section 54-7-815. Notwithstanding any other provision of law, no person may excavate or salvage any sunken warship submerged in the waters of the Atlantic ocean within three miles of the South Carolina coast where there are, or it is believed that there are, human remains without the approval of the State Budget and Control Board. A person violating this section is guilty of a felony and upon conviction must be fined in the discretion of the court or sentenced to a term of imprisonment not to exceed five years, or both."/
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
The amendment was adopted.
Senators RICHTER, RYBERG, LEVENTIS, MARTIN, THOMAS, WILSON, HOLLAND, PASSAILAIGUE, MOORE and REESE proposed the following Amendment No. 4 (3096R002.LER), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 40-5-310. (A) No person shall practice or solicit the cause of any other person in any court of this State unless he has been admitted and sworn as an attorney, under a penalty of five hundred dollars for every cause he shall so solicit, one half to the State and the other half to him that will sue for it.
(B) No person who does not meet the qualifications of an elector, other than the residency requirements of an elector, shall:
(1) be admitted to the practice of law in this State;
(2) practice or solicit the cause of any other person in any court of this State;
(3) associate with, or receive the benefit of an association with, another person for the purpose of practicing or solicting on behalf of a third person in any court of this State; or
(4) otherwise engage in the practice of law on behalf of any other person.
(C) If a person to whom subsection (B) applies does not meet the qualifications of an elector because he was convicted of a felony, after the person has completed the sentence, including probation and parole, the period of time for which subsection (B) applies shall be extended for a period of time equal in length to that of the felony for which the person was sentenced. However, the period of time after completion of a felony sentence that subsection (B) applies shall not exceed five years.
(D) Items (1), (2), (3) and (4) of subsection (B) are severable and if any one of these items is declared unconstitutional, the remaining items shall continue to have the force and effect of law./
Amend title to conform.
Senator RICHTER explained the amendment.
Senator HOLLAND moved that the amendment be adopted.
Senator BRYAN raised the Point of Order that the amendment was out of order inasmuch as the amendment was not germane to the Bill.
Senator RICHTER spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
The question then was the adoption of the amendment.
Senator BRYAN spoke on the amendment.
The amendment was adopted.
Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a call of the Senate be made. The following Senators answered the call:
Alexander Bryan Cork Courtney Drummond Elliott Ford Giese Gregory Hayes Holland Jackson Lander Leatherman Leventis Martin McConnell McGill Moore O'Dell Passailaigue Peeler Rankin Reese Richter Russell Ryberg Setzler Short Smith, G. Stilwell Waldrep Washington Williams Wilson
A quorum being present, the Senate resumed.
At 1:30 P.M., Senator MOORE moved under Rule 15A to set a time certain of 2:00 P.M. to vote on the entire matter of H. 3096.
Senator BRYAN objected.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Courtney Drummond Ford Holland Jackson Lander Leatherman Leventis Martin McConnell McGill Moore O'Dell Passailaigue Peeler Reese Richter Russell Ryberg Short Smith, G. Thomas Williams
NAYS
Bryan Cork Elliott Giese Gregory Hayes Stilwell Waldrep Washington Wilson
Having failed to receive the necessary vote, the motion failed.
Senator PASSAILAIGUE proposed the following Amendment No. 5 (3096R004.ELP), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered new SECTIONS to read:
/SECTION ____. Section 22-1-10(A) of the 1976 Code is amended to read:
"(A) The Governor, by and with the advice and consent of the Senate, may appoint magistrates in each county of the State for a term of four years and until their successors are appointed and qualified.
Magistrates serving the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and Williamsburg shall serve terms of four years commencing May 1, 1990. Magistrates serving the counties of Aiken, Anderson, Barnwell, Berkeley, Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and York shall serve terms of four years commencing May 1, 1991.
At least ninety days before the date of the commencement of the terms provided in the preceding paragraph and every four years thereafter, each county governing body must inform, in writing, the Senators representing that county of the number of full-time and part-time magistrate positions available in the county, the number of work hours required by each position, the compensation for each position, and the area of the county to which each position is assigned. If the county governing body fails to inform, in writing, the Senators representing that county of the information as required in this section, then the compensation, hours, and location of the full-time and part-time magistrate positions available in the county remain as designated for the previous four years.
Each magistrate's number of work hours, compensation, and work location must remain the same throughout the term of office, except for a change (1) specifically allowed by statute or (2) authorized by the county governing body at least four years after the magistrate's most recent appointment and after a material change in conditions has occurred which warrants the change. Nothing provided in this section prohibits the raising of compensation or hours and compensation during a term of office. No magistrate may be paid for work not performed except for bona fide illness or as otherwise provided by law.
The number of magistrates to be appointed for each county and their territorial jurisdiction are as prescribed by law before March 2, 1897, for trial justices in the respective counties of the State, except as otherwise provided in this section."
SECTION . Section 22-2-190 is amended by deleting the following unnumbered paragraphs:
"Notwithstanding any other provision of law, magistrates in Charleston County shall reside in the following jury areas:
Three magistrates shall reside in Jury Area No. 1, one of whom shall reside on Edisto Island.
Three magistrates shall reside in Jury Area No. 2, one of whom shall reside on each of the following islands: Johns Island, James Island and Wadmalaw Island.
Two magistrates shall reside in Jury Area No. 3.
Three magistrates shall reside in Jury Area No. 4.
One magistrate shall reside in Jury Area No. 5.
One magistrate shall reside in Jury Area No. 6.
One magistrate shall reside in Jury Area No. 7. "
SECTION ____. Section 22-8-40(A) of the 1976 Code is amended to read:
"(A) The county governing body of each county shall designate magistrates serving within the county as either full time or part time. A county is not required to have a full-time magistrate and may have only part-time magistrates."
SECTION ____. Section 2 of Act 136 of 1991 is repealed./
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator HAYES raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators PASSAILAIGUE and LANDER spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
The question then was the adoption of the amendment.
Senator HAYES argued contra to the adoption of the amendment.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator STILWELL argued contra to the adoption of the amendment. Senator STILWELL moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Cork Courtney Drummond Giese Hayes Holland Lander Leventis Martin Russell Ryberg Smith, J.V. Stilwell Waldrep
NAYS
Elliott Ford Jackson Leatherman McConnell McGill Moore O'Dell Passailaigue Peeler Rankin Reese Richter Short Smith, G. Thomas Washington Williams Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
By a division vote of 18 to 15, the amendment was adopted.
At 2:14 P.M., Senator MOORE moved under Rule 15A to set a time certain of 2:45 P.M. today to vote on the entire matter of H. 3096.
Senator BRYAN objected.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Courtney Ford Holland Jackson Lander Leatherman Leventis Martin McConnell McGill Moore O'Dell Passailaigue Peeler Rankin Reese Richter Russell Ryberg Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Washington Williams Wilson
NAYS
Bryan Cork Drummond Giese Hayes
The PRESIDENT announced in accordance with Rule 15A that the requisite number of votes had been given and the motion to set 2:45 P.M. today as a time certain to vote on the entire matter of H. 3096 was adopted.
At 2:15 P.M., Senator SHORT requested a leave of absence for the balance of the day.
Senators RICHTER and WILSON proposed the following Amendment No. 6 (JUD3096.025), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __ . A. Section 24-3-530 of the 1976 Code, as last amended by Section 420, Act 181 of 1993, is further amended to read:
"Section 24-3-530. (A) All persons A person convicted of a capital crime and having imposed upon them him the sentence of death shall suffer such the penalty by electrocution or, at the election of the person, lethal injection within the walls of the State Penitentiary at Columbia under the direction of the Director of the Department of Corrections. The election must be made in writing fourteen days before the execution date or it is waived. If the person waives the right of election, then the penalty must be administered by lethal injection.
(B) If execution by lethal injection under this section is held to be unconstitutional by an appellate court of competent jurisdiction, then the manner of inflicting a death sentence must be by electrocution."/.
B. This section takes effect upon approval by the Governor and applies to all executions administered on and after the effective date of this section, regardless of the date the sentence was imposed./.
Renumber sections to conform.
Amend title to conform.
Senator RICHTER explained the amendment.
The amendment was adopted.
There being no further amendments, the question then was the third reading of the Bill.
Senator BRYAN spoke on the Bill.
Senator WASHINGTON spoke on the Bill.
By previous action of the Senate, the time certain had arrived to vote on the entire matter of H. 3096.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Cork Courson* Courtney Drummond Elliott Giese Hayes Holland Jackson Lander Leatherman Leventis Martin McConnell McGill Mescher Moore O'Dell Passailaigue Peeler Rankin Reese Richter Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Williams Wilson
NAYS
Bryan Ford Washington
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
I strongly support the concept of truth in sentencing. However, I voted against H. 3096 which has been amended to include truth in sentencing because the bill needs sentencing guidelines to be complete. Without this the cost is tremendous and our prison cost will continue to run out of control. With sentencing guidelines, which will be ready by the end of 1995, we would be responsible and could control the cost. Without them we will not be able to control cost and in future years will not be able to fund property tax reduction and education. We can put violent criminals in prison for longer sentences if we plan for this so we can pay for it.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.
Senator LEVENTIS moved that the Bill be made a Special Order.
Senator WILSON raised a Point of Order under Rule 34B that the motion was out of order inasmuch as the Bill had not been on the Calendar a minimum of six statewide legislative days.
The PRESIDENT sustained the Point of Order.
H. 4008 -- Reps. Govan, Cave, Cobb-Hunter, Stuart, Rhoad and Sharpe: A BILL TO AMEND ACT 346 OF 1975, RELATING TO THE TRICOUNTY COMMISSION ON ALCOHOL AND DRUG ABUSE, SO AS TO REVISE THE COMPOSITION OF THE COMMISSION; TO DELETE THE REQUIREMENT THAT THE CHAIRMANSHIP MUST ROTATE; TO ADD ADDITIONAL POWERS AND DUTIES; TO PROVIDE ADDITIONAL DISTRIBUTION OF COPIES OF THE COMMISSION AUDIT REPORT; AND TO PROVIDE THAT ALL MEMBERS CURRENTLY SERVING ON THE COMMISSION CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR CURRENT TERMS.
On motion of Senator MOORE, the Bill was recalled from the Committee on Medical Affairs and placed on the Calendar.
H. 3785 -- Reps. Sharpe, Knotts, Hutson, Limehouse, Littlejohn, A. Young, Whatley, Fleming, Bailey, Fair, Easterday, Allison, Meacham, Walker, Moody-Lawrence, R. Smith, Neal, Tripp, Neilson, Stille, Davenport, Witherspoon, Hines, Vaughn, Rice, Cato, Haskins, Sandifer, Shissias, Mason, Riser, J. Brown, Wright, Wofford, Richardson, J. Harris, Dantzler and Harrison: A BILL TO AMEND TITLE 40, CHAPTER 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MASSEURS AND MASSEUSES, TO ENACT THE MASSAGE PRACTICE ACT SO AS TO CREATE THE BOARD OF MASSAGE AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH LICENSURE AND RENEWAL REQUIREMENTS FOR MASSAGE THERAPISTS; TO DEFINE ACTS OF MISCONDUCT AND TO PROVIDE DISCIPLINARY ACTION AND PROCEDURES FOR MISCONDUCT, AND TO PROVIDE PENALTIES.
On motion of Senator MOORE, the Bill was recalled from the Committee on Medical Affairs and placed on the Calendar.
On motion of Senator WILLIAMS, the Senate agreed to go into Executive Session at 2:55 P.M.
H. 3225 -- Reps. Cooper, Townsend, Fulmer, A. Young, Witherspoon, Allison, Walker, Vaughn, D. Smith, Harrell, H. Brown, P. Harris, Waldrop, Lanford, Davenport, Wells, Haskins, Stille, Hallman, Chamblee, Carnell, Klauber, Wofford, Harrison, Quinn, Stuart, Cotty, Shissias, J. Harris, Wright, Riser, Knotts, Fair, Easterday, Marchbanks, Trotter, Cato, Robinson and Tripp: A CONCURRENT RESOLUTION TO RESTORE THE TENTH AMENDMENT TO THE CONSTITUTION FOR THE UNITED STATES IN SOUTH CAROLINA.
Senator MARTIN moved that the Bill be made a Special Order.
The Bill was made a Special Order.
On motion of Senator LEATHERMAN, the Senate agreed to dispense with the balance of the Motion Period.
On motion of Senator WILLIAMS, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:
Having been reported favorably from Executive Session, on motion of Senator MOORE, with unanimous consent, the following appointments were confirmed:
Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 1995, and to expire April 24, 1997:
At-Large - Chairman:
The Honorable Arthur Ravenel, Jr., 635 East Bay Street, Charleston, S.C. 29403
Initial Appointment, Juvenile Parole Board, with term to commence June 30, 1993, and to expire June 30, 1997:
4th Congressional District:
Ms. L. Alexia Newman, 299 Newman Road, Roebuck, S.C. 29376
Initial Appointment, Juvenile Parole Board, with term to commence September 30, 1994, and to expire June 30, 1998:
3rd Congressional District:
Ms. Lesley M. White, 419 Ellington Road, Pendleton, S.C. 29670
Initial Appointment, Juvenile Parole Board, with term to commence June 30, 1995, and to expire June 30, 1999:
At-Large:
Karen A. Walto, R.N., 29040 Snapper Point, Tega Cay, S.C. 29715 VICE Emma D. Holmes
Initial Appointment, Juvenile Parole Board, with term to commence September 30, 1991, and to expire June 30, 1995:
At-Large:
Mr. W.C. Jenkins, 3300 Ebenezer Chase Drive, Florence, S.C. 29501 VICE Herbert J. Walton (resigned)
Initial Appointments, South Carolina Advisory Board for Victim Assistance, with terms to commence August 1, 1994, and to expire August 1, 1999:
At-Large:
Mr. Gerald A. Smauldon, 2111 Long Shadow Lane, Columbia, S.C. 29223 VICE William Saunders (resigned)
Court/Victim Assistance:
Ms. Ethel D. Lowry, Moss Justice Center, 1675-1B York Highway, York, S.C. 29745-7424 VICE Trudy M. Gregorie
Initial Appointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 1993, and to expire August 1, 1998:
Physician:
Steven John Lenes, M.D., 508 Lackland Court, Mt. Pleasant, S.C. 29464 VICE Thomas Walker Messervy (resigned)
Initial Appointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 1995, and to expire August 1, 2000:
Attorney:
Mr. Henry L. Hamilton, 1531 Laurel Street, Columbia, S.C. 29201-2697 VICE Ruben L. Gray
Reappointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 1995, and to expire August 1, 2000:
Attorney - Chairman:
Mr. Thomas R. Gottshall, Sinkler and Boyd, Post Office Box 11889, Columbia, S.C. 29211
Initial Appointment, South Carolina Board of Probation, Parole and Pardon Services, with term to commence March 15, 1993, and to expire March 15, 1999:
2nd Congressional District:
Mr. J. Graham Shaw, 542 Shadowood Drive, Irmo, S.C. 29063 VICE J. Rhett Jackson
Initial Appointment, South Carolina Board of Probation, Parole and Pardon Services, with term to commence March 15, 1995, and to expire March 15, 2001:
4th Congressional District:
Mr. C. David Baxter, 1104 Charter Oak Drive, Taylors, S.C. 29687 VICE Marion Beasley
Initial Appointment, Director of the Department of Probation, Parole and Pardon Services, with term to commence January 12, 1995, and to expire at the pleasure of the Governor:
Mr. William E. Gunn, 4422 Kilbourne Road, Columbia, S.C. 29205 VICE Michael J. Cavanaugh (resigned)
Initial Appointment, Hearing Aid Dealers and Fitters Commission, with term to commence November 1, 1993, and to expire November 1, 1997:
Dealer:
Mr. Richard L. Deibel, 135 Sparrow Drive, Isle of Palms, S.C. 29451 VICE Benjamin W. Dawsey
Initial Appointment, State Board of Pharmacy, with term to commence April 4, 1995, and to expire coterminous with the Governor:
Pharmacist At-Large:
Hubert F. Mobley, R.Ph., Mobley Drugs, Inc., 403 West Meeting Street, Lancaster, S.C. 29720 VICE Leon Ficklin, Jr.
Initial Appointment, South Carolina Mental Health Commission, with term to commence and to expire July 31, 1998:
5th Congressional District:
Mr. Douglas F. Gay, 337 Plantation Road, Rock Hill, S.C. 29732 VICE Wesley W. Boone/Louise Hassenplug (resigned)
Initial Appointments, South Carolina Mental Health Commission, with terms to commence March 21, 1992, and to expire March 21, 1997:
4th Congressional District:
Ms. Rhonda W. Baker, 8 Vendue Court, Simpsonville, S.C. 29681 VICE Richard K. Eckstrom (resigned)
2nd Congressional District:
Mrs. Brenda H. Council, 493 Brewton Street, Orangeburg, S.C. 29115 VICE Richard K. Harding (resigned)
Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 1995, and to expire June 30, 1999:
At-Large:
Mr. Cary H. Hall, Jr., Post Office Box 728, Greenville, S.C. 29602 VICE Clarence H. Buurman
Initial Appointment, Director of the Department of Health and Human Services, with term to commence July 1, 1995, and to expire at the pleasure of the Governor:
E. Anderson Laurent, Ph.D., Department of Health and Human Services, Post Office Box 8206, Columbia, S.C. 29202
Initial Appointment, Residential Builders Commission, with term to commence June 30, 1993, and to expire June 30, 1997:
At-Large - Specialty Contractor:
Mr. Carl Lyn Bailey, Bailey Heating & Controls, Inc., Post Office Box 112, Simpsonville, S.C. 29681 VICE Roberta Combs (resigned)
Initial Appointment, Residential Builders Commission, with term to commence June 30, 1994, and to expire June 30, 1998:
6th Congressional District - Builder:
Mr. John C. Curl, John C. Curl Company, Inc., Post Office Box 4815, Florence, S.C. 29505 VICE Marion M. Gandy (deceased)
Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1993, and to expire May 19, 1996:
3rd Congressional District:
Mr. Horace J. McGee, 145 Summers Way, Seneca, S.C. 29678 VICE Earline Gardner
Reappointment, South Carolina Foster Care Review Board, with term to commence June 30, 1993, and to expire June 30, 1997:
2nd Congressional District:
Ms. Cecilia Aversa, 1108 Baywater Drive, West Columbia, S.C. 29170
Reappointment, State Board of Barber Examiners, with term to commence June 30, 1995, and to expire June 30, 1999:
Master:
Mr. William D. Norris, 918 Natchez Trail, West Columbia, S.C. 29169
Initial Appointment, State Board of Social Work Examiners, with term to commence November 27, 1991, and to expire November 27, 1995:
Public:
Ms. Ruth B. Herron, 114 Fabrica Street, Clemson, S.C. 29631 VICE John Brown
Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1994, and to expire May 19, 1998:
4th Congressional District:
Mr. Donald K. League, 9 Winthrop Avenue, Greenville, S.C. 29607 VICE Samuel L. Zimmerman, Jr. (resigned)
Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 1995, and to expire June 30, 1998:
At-Large:
Ms. Sybil M. Whitenburg, 2719 Brenda Street, Columbia, S.C. 29204 VICE Mildred H. Dent
Reappointment, State Board of Barber Examiners, with term to commence June 30, 1995, and to expire June 30, 1999:
Master:
Mr. Edwin C. Barnes, 391 Park Road, Lexington, S.C. 29072
Initial Appointment, South Carolina Public Service Authority, with term to commence May 20, 1995, and to expire May 19, 2002:
5th Congressional District:
Mr. Larry L. Bigham, 1528 Blanchard Bend, Rock Hill, S.C. 29732 VICE D. Gene Rickenbaker
Initial Appointment, State Board of Barber Examiners, with term to commence June 30, 1994, and to expire June 30, 1998:
Barber:
Mr. Napolean Rogers, Post Office Box 451, Hartsville, S.C. 29551 VICE Thelma J. Robinson (resigned)
Initial Appointments, Scenic Highways Committee, with terms to commence July 14, 1994, and to expire July 14, 1996:
Farm:
Ms. Betty J. DeWitt, 4633 Hoffmeyer Road, Darlington, S.C. 29532
Outdoor Advertising:
Mr. Douglas W. McFarland, Mac Advertising Inc., 2567 Oscar Johnson Road, North Charleston, S.C. 29405
Mr. Hal W. Stevenson, Post Office Box 11384, Columbia, S.C. 29221
General Public:
Mr. John N. Hardee, 296 Tombee Lane, Columbia, S.C. 29209 VICE New Seat
Highway Beautification:
Mr. Larry F. Bragg, Keep America Beautiful Committee, 1551 21st Avenue North, Suite One, Myrtle Beach, S.C. 29577
Initial Appointment, State Ethics Commission, with term to commence June 30, 1995, and to expire June 30, 2000:
At-Large:
Mr. Frank B. Washington, 2225 Lorick Avenue, Columbia, S.C. 29203 VICE Adriene B. Wright
Initial Appointment, Residential Builders Commission, with term to commence June 30, 1991, and to expire June 30, 1995:
3rd Congressional District:
Mr. Eugene G. Beckman, III, 1508 Bramble Ridge Road, Anderson, S.C. 29621 VICE J. Allen Brodie
Reappointment, Residential Builders Commission, with term to commence June 30, 1995, and to expire June 30, 1999:
3rd Congressional District:
Mr. Eugene G. Beckman, III, 1508 Bramble Ridge Road, Anderson, S.C. 29621
MOTION ADOPTED
On motion of Senator McGILL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Wallace D. Connor, a great American and South Carolinian.
By prior motion of Senator COURTNEY of Thursday, February 9, 1995, the Senate agreed that, when the Senate stands adjourned on Thursdays in statewide session, it stand adjourned to reconvene on Fridays at 11:00 A.M., under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up; and that, when the Senate stands adjourned on Fridays, it stand adjourned to reconvene on Tuesdays at 12:00 Noon.
At 3:23 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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