South Carolina General Assembly
112th Session, 1997-1998
Journal of the Senate

Thursday, May 28, 1998
(Statewide Session)

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, this morning we read a word from the First Book of Kings, Chapter 18 (v. 21):
"And Elijah came near to all the people, and said, 'How long will you go limping with two different opinions'?"
Let us pray.
Almighty God, the God of the ages, the God of the prophets, the martyrs and the saints of every age: we pray that as You give us the perspective of history as well as an understanding of the urgency of these days, we may not go on "LIMPING WITH DIFFERENT OPINIONS" on so many issues.
Give us the mental and spiritual catalysts, that from laborious deliberations of many hours, we may make our decisions, remembering what has been said of the waterfowl: (William Cullen Bryant 1794-1878)
"He who, from zone to zone,
Guides through the boundless sky thy certain flight,
In the long way that I must tread along,
Will lead my steps aright."
Amen.

Point of Quorum

Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.

RECESS

At 11:02 A.M., on motion of Senator GIESE, the Senate receded from business pending the presence of a quorum.

A quorum being present, the Senate resumed.

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

VETO OVERRIDDEN

(S. 12, R.340) -- Senators McConnell, Rose, Ravenel, Passailaigue, Mescher, Washington and Ford: AN ACT TO CHANGE THE METHOD OF NOMINATION OF A CANDIDATE ELECTED TO THE GOVERNING BODY OF A PUBLIC SERVICE DISTRICT IN CHARLESTON COUNTY FROM A PETITION TO A STATEMENT OF CANDIDACY.

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 27, 1998
Mr. President and Members of the Senate:
I am hereby returning without my signature S. 12, R. 340, an Act:
TO CHANGE THE METHOD OF NOMINATION OF A CANDIDATE ELECTED TO THE GOVERNING BODY OF A PUBLIC SERVICE DISTRICT IN CHARLESTON COUNTY FROM A PETITION TO A STATEMENT OF CANDIDACY.
This veto is based upon my belief that S. 12, R. 340, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."
For the above reason, I am vetoing S. 12, R. 340 of 1998.

Sincerely,
David M. Beasley

The veto of the Governor was taken up for immediate consideration.
Senator McCONNELL 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 46; Nays 0

AYES

Alexander                 Anderson                  Branton
Bryan                     Cork                      Courson
Courtney                  Drummond                  Elliott
Fair                      Ford                      Giese
Glover                    Gregory                   Grooms
Hayes                     Holland                   Hutto
Jackson                   Land                      Lander
Leatherman                Leventis                  Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Rankin                    Ravenel                   Reese
Russell                   Ryberg                    Saleeby
Setzler                   Short                     Smith, J. Verne
Thomas                    Waldrep                   Washington
Wilson                    

Total--46

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.

COMMUNICATION SENT
STATE OF SOUTH CAROLINA
THE SENATE

May 27, 1998
The Honorable David M. Beasley
Governor
State of South Carolina
Office of the Governor
First Floor - Wade Hampton Office Building
Columbia, S.C. 29202

Dear Governor Beasley:
On Tuesday, May 26, 1998, the Senate acceded to your request to withdraw the appointment of The Honorable Dave C. Waldrop, Jr., to the
South Carolina Advisory Council on Aging, with term to commence June 30, 1995, and to expire June 30, 1999.
With kind regards, I remain

Sincerely,
Frank Caggiano

Doctor of the Day

Senator RAVENEL introduced Dr. William H. Lee of Charleston, S.C., Doctor of the Day.

RECALLED

H. 4614 -- Reps. Walker, Littlejohn, Allison, Davenport, Lee, Townsend, McCraw, D. Smith, Hawkins and Cato: A BILL TO AMEND SECTION 11-27-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASE PURCHASE OR FINANCING AGREEMENTS BEING SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS, SO AS TO FURTHER PROVIDE FOR THOSE FINANCING AGREEMENTS, LEASE PURCHASE AGREEMENTS, OR CONTRACTS WHICH A GOVERNMENTAL ENTITY IS PERMITTED TO ENTER INTO WITHOUT THEIR BEING SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS, AND TO MAKE TECHNICAL REFERENCE CHANGES.

Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.

RECALLED

H. 4996 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO ARTICLE 5, STATE TRANSPORT POLICE REGULATIONS, SUBARTICLE 1, UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2188, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator HOLLAND asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Judiciary.
There was no objection.

RECALLED

H. 3758 -- Rep. Felder: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO, AMONG OTHER THINGS, PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.

Senator WILSON asked unanimous consent to make a motion to recall the Bill from the General Committee.
There was no objection.

RECALLED AND READ

H. 4654 -- Rep. Sharpe: A BILL TO AMEND SECTION 50-3-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISION OF ENFORCEMENT OFFICERS, SO AS TO DELETE A PROVISION PERTAINING TO CONTRACTING WITH AND DISMISSAL OF ENFORCEMENT OFFICERS; AND TO AMEND SECTION 50-3-310, AS AMENDED, RELATING TO THE APPOINTMENT OF ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT AN ENFORCEMENT OFFICER MAY BE REMOVED BY THE DIRECTOR AT HIS DISCRETION.

Senator PEELER 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 PEELER, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading.

H. 4654--Ordered to a Third Reading

On motion of Senator PEELER, with unanimous consent, H. 4654 was ordered to receive a third reading on Friday, May 29, 1998.

RECALLED

H. 4824 -- Reps. Inabinett, Seithel, J. Hines, Cromer, M. Hines, Littlejohn, Woodrum, Gourdine, Neal, Breeland, Simrill, Rodgers, Lloyd, Cave, Canty, Vaughn, Moody-Lawrence, Stuart, Byrd, H. Brown, Stille, Hamilton, Wilkins, Harrison, Barrett, Battle, Maddox, Govan, Miller, Jordan and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-100 SO AS TO REQUIRE LOCAL ELECTORAL BOARDS TO MAKE LOCAL BALLOT QUESTIONS AVAILABLE TO THE COUNTY NEWS MEDIA AT LEAST FORTY-FIVE DAYS IN ADVANCE OF THE REFERENDUM, AND TO AUTHORIZE THE ELECTORAL BOARD TO INCLUDE A SIMPLIFIED EXPLANATION OF A REFERENDUM QUESTION ON THE BALLOT WHEN IT DETERMINES SUCH AN EXPLANATION NECESSARY, TO PROVIDE A SCHEDULE FOR MAKING THIS EXPLANATION AVAILABLE TO THE MEDIA, AND TO PROVIDE THAT REFERENDUM RESULTS MAY NOT BE CHALLENGED FOR FAILURE TO COMPLY WITH THE SCHEDULE AND A METHOD OF APPEALING A CHALLENGED EXPLANATION; AND TO AMEND ARTICLE 17, CHAPTER 13, TITLE 7, RELATING TO THE CONSTITUTIONAL BALLOT COMMISSION, SO AS TO EXTEND THE DUTIES OF THE COMMISSION TO PROVIDE, WHERE IT DETERMINES IT TO BE NECESSARY, SIMPLIFIED EXPLANATIONS OF STATEWIDE REFERENDUM QUESTIONS AND DELETING THE REFERENCE TO "CONSTITUTIONAL" IN THE COMMISSION'S NAME TO REFLECT THIS CHANGE, TO ESTABLISH ACCELERATED DEADLINES FOR THE COMMISSION TO ACT, AND TO MAKE CONFORMING AMENDMENTS.

Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.

RECALLED

H. 5015 -- Reps. Battle, M. Hines, J. Hines, McGee, McKay and Kinon: A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PEE DEE REGIONAL AIRPORT DISTRICT, SO AS TO CHANGE THE COMPOSITION OF THE GOVERNING BODY BY REMOVING DARLINGTON COUNTY FROM MEMBERSHIP ON THE GOVERNING BODY; REDUCE THE JURISDICTION OF THE DISTRICT BY REMOVING DARLINGTON COUNTY; LIMIT THE NUMBER OF TERMS A MEMBER MAY SERVE; AUTHORIZE THE GOVERNING BODIES OF THE COUNCILS COMPOSING THE AUTHORITY TO INCREASE THE AMOUNT OF COMPENSATION OF MEMBERS OF THE AUTHORITY; AUTHORIZE THE AUTHORITY TO LICENSE, LEASE, SUBLEASE, RENT, SELL, OR OTHERWISE, PROVIDE FOR THE USE OF REAL PROPERTY IN ADDITION TO OTHER PROPERTY; DELETE THE POWER OF THE AUTHORITY TO DEVELOP AN INDUSTRIAL OR BUSINESS PARK; DELETE THE POWER TO DIRECT THE AUDITORS OF THE COUNTIES COMPOSING THE AUTHORITY TO LEVY A TAX ON THE PROPERTIES WITHIN THE DISTRICT; AUTHORIZE THE AUTHORITY TO DEVELOP LANDS LEASED BY, SUBLEASED BY, OWNED BY, OR UNDER THE JURISDICTION OF THE AUTHORITY; PROVIDE THAT ALL FINES AND FORFEITURES COLLECTED UNDER THIS ARTICLE MUST BE FORWARDED TO THE COUNTY WHERE THE FINAL DISPOSITION OF THE CASE IS MADE INSTEAD OF TO THE DISTRICT; DELETE PROVISIONS RELATING TO THE AUTHORITY DEPOSITING OR EXPENDING MONIES, ACCEPTING DONATIONS, ISSUING NEGOTIABLE INSTRUMENTS, AND THE AUTHORITY TO ISSUE BONDS; CHANGE THE USES OF REVENUES DERIVED BY THE AUTHORITY FROM THE OPERATION OF REVENUE PRODUCING FACILITIES; DELETE PROVISIONS WHICH PROHIBITED THE AUTHORITY FROM CONSTITUTING ALL OR PART OF THE LANDS OWNED BY, LEASED BY, SUBLEASED BY, OR UNDER THE JURISDICTION OF THE AUTHORITY AS AN INDUSTRIAL OR BUSINESS PARK UNDER THE PROVISIONS OF SECTION 13 OF ARTICLE VIII OF THE CONSTITUTION; DELETE THE PROVISION RELATING TO THE ESTABLISHMENT OF INDUSTRIAL OR BUSINESS PARK; AND TO PROVIDE THAT NOTHING IN THIS ARTICLE SHALL PROHIBIT ANNEXATION BY THE CITY OF FLORENCE OF THE PROPERTY OF THE DISTRICT.

Senator LEATHERMAN asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.

RECALLED

H. 4408 -- Reps. Meacham, Neilson, Sandifer, Bailey, Govan, Woodrum, McKay, Kirsh, Martin, Maddox, Canty, Mullen, Young-Brickell, Byrd, Inabinett, Neal, McGee, D. Smith, Lanford and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-25 SO AS TO MAKE IT AN UNFAIR OR DECEPTIVE ACT OR PRACTICE IN THE CONDUCT OF TRADE OR COMMERCE FOR A PERSON WHO MAILS CERTAIN MERCHANDISE CATALOGUES OR CERTAIN BROCHURES, LEAFLETS, FLYERS, OR OTHER ITEMS OF MAIL TO A RECIPIENT TO FAIL TO HONOR THE RECIPIENT'S REQUEST THAT THE MAILER CEASE SENDING SUCH CATALOGUES, BROCHURES, LEAFLETS, FLYERS, OR OTHER ITEMS OF MAIL AND TO PROVIDE FOR RELATED MATTERS.

Senator MARTIN asked unanimous consent to make a motion to recall the Bill from the Committee on Labor, Commerce and Industry.
There was no objection.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1270 -- Senators Saleeby, Land and Leventis: A BILL TO AMEND ACT 616 OF 1980, RELATING TO COMPENSATION AND TRAVEL ALLOWANCE OF MEMBERS OF THE LEE COUNTY BOARD OF EDUCATION, SO AS TO INCREASE THE AMOUNT OF COMPENSATION AND TRAVEL ALLOWANCE PAYABLE TO MEMBERS OF THE BOARD AND TO ALLOW THE PROVISION OF MEDICAL INSURANCE COVERAGE FOR THE MEMBERS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

S.1270--Ordered to a Second and Third Reading

On motion of Senator LEVENTIS, S. 1270 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1271 -- Senators Giese and Patterson: A BILL TO GRANT A WAIVER TO RICHLAND SCHOOL DISTRICT ONE IN RICHLAND COUNTY WHICH SHALL PERMIT THEM TO EMPLOY FOREIGN NATIONALS TO TEACH THEIR NATIVE OR ACQUIRED LANGUAGE IN THE ELEMENTARY SCHOOLS OF THE DISTRICT UNDER SPECIFIED CONDITIONS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

S.1271--Ordered to a Second and Third Reading

On motion of Senator GIESE, S. 1271 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1272 -- Senators Saleeby and Land: A CONCURRENT RESOLUTION TO ESTABLISH A JOINT STUDY COMMITTEE TO STUDY THE TRANSFER OF JURISDICTION TO THE ADMINISTRATIVE LAW JUDGE DIVISION OF CLAIMS BROUGHT PURSUANT TO THE SOUTH CAROLINA TORT CLAIMS ACT.
Introduced and referred to the Committee on Judiciary.

S.1272--Recalled and Adopted

On motion of Senator SALEEBY, with unanimous consent, the Concurrent Resolution was recalled from the Committee on Judiciary.
On motion of Senator SALEEBY, with unanimous consent, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1273 -- Senators Jackson and Patterson: A SENATE RESOLUTION TO COMMEND AND CONGRATULATE MRS. GERTRUDE MITCHELL MURRAY FOR HER MANY YEARS OF DEDICATED SERVICE IN THE FIELD OF EDUCATION, AS A SECRETARY, TEACHER, AND VOCATIONAL CONSULTANT, AND TO EXTEND BEST WISHES TO HER AND HER FAMILY ON THE OCCASION OF HER RETIREMENT FROM RICHLAND SCHOOL DISTRICT ONE.
The Senate Resolution was adopted.

H. 4767 -- Reps. Young, Harrison and Wilkins: A BILL TO AMEND SECTION 14-1-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SURCHARGE IMPOSED ON A PERSON CONVICTED IN GENERAL SESSIONS COURT, SO AS TO PROVIDE THAT THE REVENUE COLLECTED PURSUANT TO THE SURCHARGE SHALL NOT BE USED FOR THE CAPITAL AND OPERATING NEEDS OF THE JUDICIAL SYSTEM BUT ONLY FOR VICTIMS' SERVICES; TO AMEND SECTION 16-3-1510, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONCERNING VICTIM AND WITNESS SERVICES, SO AS TO PROVIDE DEFINITIONS RELATING TO VICTIMS OF CRIME AND CRIMINAL OFFENSES; AND TO AMEND SECTION 16-3-1525 RELATING TO THE ARREST OR DETENTION OF A PERSON ACCUSED OF COMMITTING AN OFFENSE, CERTAIN NOTIFICATION PROVIDED TO CRIME VICTIMS, PROTECTION PROVIDED TO CERTAIN WITNESSES, AND JUVENILE DETENTION HEARINGS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY IS NOT RESPONSIBLE FOR PROVIDING A VICTIM NOTICE OF A BOND HEARING.
Read the first time and referred to the Committee on Judiciary.

H. 4870 -- Reps. Jennings, Baxley, Harrell, Knotts and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 61-4-525, 61-6-185, AND 61-6-1825 SO AS TO PROVIDE THE MANNER IN WHICH PROTESTS MAY BE HEARD IN ISSUING OR RENEWING A BEER AND WINE PERMIT, A RETAIL LIQUOR LICENSE, AND A MINIBOTTLE LICENSE, TO DEEM AN UNPURSUED PROTEST TO BE INVALID, AND TO AUTHORIZE A PENALTY TO INCLUDE COURT COSTS AND ATTORNEY'S FEES WHEN A PROTESTANT FAILS TO APPEAR AT A HEARING AFTER AFFIRMING A DESIRE TO ATTEND; AND TO AMEND SECTION 61-6-1820, RELATING TO THE CRITERIA APPLICABLE TO ISSUE A MINIBOTTLE LICENSE, SO AS TO DELETE LANGUAGE MADE OBSOLETE BY THE PROVISIONS OF SECTION 61-6-1825 AS ADDED ABOVE.
Read the first time and referred to the Committee on Judiciary.

H. 5003 -- Reps. Miller and T. Brown: A BILL TO AMEND SECTION 6-7-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF A REGIONAL COUNCIL OF GOVERNMENT, SO AS TO REQUIRE MEMBERSHIP ON THE POLICYMAKING BODY OF THE COUNCIL OF A RESIDENT MEMBER OF THE GENERAL ASSEMBLY APPOINTED BY THEIR RESPECTIVE RESIDENT COUNTY LEGISLATIVE DELEGATION FROM EACH COUNTY COMPRISING THE COUNCIL OF GOVERNMENTS AND PROVIDE FOR SELECTION OF A MEMBER WHEN A COUNTY HAS NO RESIDENT MEMBER OF THE GENERAL ASSEMBLY.
Read the first time and referred to the Committee on Judiciary.

H. 5018 -- Reps. Townsend, Martin, Stille and Cooper: A BILL TO AMEND ACT 294 OF 1961, AS AMENDED, RELATING TO THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, SO AS TO AUTHORIZE THE COMMISSIONERS TO SELECT A TREASURER INSTEAD OF A SECRETARY, DELETE THE PROVISION AUTHORIZING THE COMMISSION TO LEVY A TAX NOT EXCEEDING FOUR MILLS AND SUBSTITUTING A PROVISION WHICH AUTHORIZES THE COMMISSION TO RECOMMEND TO THE ANDERSON COUNTY LEGISLATIVE DELEGATION AN ANNUAL TAX NOT TO EXCEED SIX MILLS FOR THE OPERATION OF THE FIRE PROTECTION SYSTEM, DELETE THE MUNICIPALITY OF PELZER FROM THE EXCEPTIONS OF THE AREA SUBJECT TO THE TAX FOR THE FIRE SYSTEM, REQUIRE THE APPROVAL OF THE ANDERSON COUNTY LEGISLATIVE DELEGATION FOR THE COMMISSION TO ISSUE TAX ANTICIPATION NOTES, CHANGE REFERENCES FROM FIRE MARSHAL TO COUNTY FIRE CHIEF, CLARIFY THE PROCESS AND PROVIDE THAT THE COMMISSION MAKES AN ANNUAL RECOMMENDATION TO THE DELEGATION, WITH THE DELEGATION APPROVING THE BUDGET AND THE COUNTY AUDITOR LEVYING THE AMOUNTS APPROVED BY THE DELEGATION, AND CORRECT ARCHAIC REFERENCES; AND TO AMEND ACT 711 OF 1990 RELATING TO THE AUTHORIZATION OF CERTAIN COMPENSATION FOR MEMBERS OF THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, SO AS TO CLARIFY THE ANNUAL SUBMISSION OF THE BUDGET TO THE ANDERSON COUNTY LEGISLATIVE DELEGATION AND PROVIDE FOR A REFERENDUM IN THE SERVICE AREA OF THE COMMISSION WHEN THE COMMISSION REQUESTS AND THE DELEGATION APPROVES MORE THAN SIX MILLS IN THE ANNUAL BUDGET REQUEST.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 5183 -- Rep. Cave: A BILL TO PROVIDE FOR FOUR ADDITIONAL MEMBERS OF THE ALLENDALE COUNTY BOARD OF EDUCATION TO SERVE FOR TERMS TO EXPIRE IN 2002, TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL MEMBERS SHALL BE APPOINTED, AND TO PROVIDE THAT THEIR SUCCESSORS SHALL BE ELECTED AT THE 2002 ELECTION IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 5189 -- Rep. Edge: A BILL TO AMEND ACT 742 OF 1946, AS AMENDED, RELATING TO THE LORIS COMMUNITY HOSPITAL DISTRICT AND COMMISSION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH MEMBERS ARE APPOINTED EFFECTIVE JULY 1, 1998.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

REPORTS OF STANDING COMMITTEES

Senator HOLLAND from the Committee on Judiciary polled out H. 3685 favorable with amendment:
H. 3685 -- Reps. Cato and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-15-15 SO AS TO MAKE UNLAWFUL CERTAIN TRADE AND COMMERCIAL PRACTICES WITH REGARD TO THE LABELING OF A PRODUCT AS "PEAT" AND TO PROVIDE PENALTIES.

Poll of the Judiciary Committee
Ayes 12; Nays 0; Not Voting 6

AYES

Holland                   Saleeby                   Bryan
Wilson                    Moore                     Courtney
Ford                      Glover                    Jackson
Martin                    Rankin                    Elliott

TOTAL--12

NAYS

TOTAL--0

NOT VOTING

McConnell                 Russell                   Cork
Gregory                   Lander                    Mescher

TOTAL--6

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a majority favorable with amendment and Senator FORD a minority unfavorable report on:
H. 3842 -- Reps. Wilkins, J. Smith, McMaster, Beck, Hawkins, Delleney, Cromer, Davenport, Young-Brickell, Keegan, Allison, Fleming, Barfield, Jennings, Kelley, Loftis, Hamilton, Sharpe, Limbaugh, Mason, Sandifer, Meacham, McCraw, Hinson, Harrison, Knotts, Harrell, Simrill, Haskins, Cooper, Cato, Walker, Woodrum, Rodgers, Easterday, Klauber, Chellis, Mullen, Littlejohn, Stuart, Whatley, Trotter, Barrett, Hodges, Riser, Leach, Rice, Robinson, McLeod and Campsen: A BILL TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES BY ADDING CHAPTER 2, SO AS TO PROVIDE ADVISORY SENTENCING GUIDELINES; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 16-3-654, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO PROVIDE PENALTY PROVISIONS AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 16-3-1075, RELATING TO FELONY CARJACKING, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-11-110, AS AMENDED, RELATING TO ARSON, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-15-140, AS AMENDED, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON A CHILD, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS, AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE", AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME ANY PRISONER CAN EARN OFF HIS SENTENCE FOR GOOD BEHAVIOR TO THREE DAYS A MONTH, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME ANY PRISONER CAN EARN OFF HIS SENTENCE FOR PARTICIPATING IN AN EDUCATION PROGRAM TO SIX DAYS A MONTH, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-430, RELATING TO RIOTING OR INCITING TO RIOT, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTIONS 24-13-710 AND 24-13-720, BOTH AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR ANY CRIME AND TO PROVIDE THAT CERTAIN OFFENDERS MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-21-560, RELATING TO PRISONERS WHO MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO PROVIDE THAT A PERSON SENTENCED TO A TERM OF IMPRISONMENT OF TWENTY YEARS OR MORE MUST COMPLETE NOT MORE THAN TWO YEARS OF COMMUNITY SUPERVISION AS A PART OF HIS SENTENCE, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 56-5-2940, RELATING TO PENALTIES FOR VIOLATING THE DRIVING UNDER THE INFLUENCE PROVISIONS, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 56-5-2945, AS AMENDED, RELATING TO CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO REVISE THE PENALTY; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110, RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100, RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY.
Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4631 -- Reps. Fleming, Seithel, Martin, Simrill, Davenport, Klauber, Hinson, Bauer, Sharpe, Sandifer, McMaster, Barfield, Barrett and R. Smith: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL SAFETY ACT OF 1998" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-7-12 SO AS TO PROVIDE FOR DESIGNATION AND ASSIGNMENT OF SCHOOL RESOURCE OFFICERS BY THE GOVERNING BODIES OF CERTAIN POLITICAL SUBDIVISIONS, INCLUDING SCHOOL DISTRICTS, TO WORK WITHIN THE SCHOOL SYSTEMS OF MUNICIPALITIES OR COUNTIES, AND TO DEFINE A SCHOOL RESOURCE OFFICER; BY ADDING SECTION 59-63-335 SO AS TO PROVIDE FOR PAYMENT OF A PARTY'S ATTORNEY'S FEES UPON FAILURE OF A SCHOOL ADMINISTRATOR TO REPORT CERTAIN CRIMINAL CONDUCT; TO AMEND SECTION 59-63-360, RELATING TO THE ATTORNEY GENERAL MONITORING SCHOOL CRIMES, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL OR HIS DESIGNEE MAY REPRESENT THE LOCAL SCHOOL DISTRICT WHEN A CRIMINAL CASE INVOLVING SCHOOL CRIME IS APPEALED TO AN APPELLATE COURT OF COMPETENT JURISDICTION; TO AMEND SECTION 59-63-370, RELATING TO STUDENT CONVICTION OR DELINQUENCY ADJUDICATION FOR CERTAIN OFFENSES, SO AS TO INCLUDE WEAPONS OFFENSES FOR PURPOSES OF NOTIFICATION OF THE SENIOR ADMINISTRATOR AT THE STUDENT'S SCHOOL AND PLACEMENT OF INFORMATION IN PERMANENT SCHOOL RECORDS; BY ADDING SECTION 59-63-375 SO AS TO DEFINE A WEAPON FOR PURPOSES OF SECTION 59-63-370.
Ordered for consideration tomorrow.

Senator MOORE from the Committee on Medical Affairs submitted a favorable report on:
H. 4693 -- Reps. Sharpe, Davenport, Littlejohn, McLeod and Limehouse: A BILL TO AMEND TITLE 48, CHAPTER 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENVIRONMENTAL PROTECTION FUND, BY ADDING ARTICLE 3 SO AS TO ENACT THE ENVIRONMENTAL EMERGENCY FUND ACT WHICH CREATES THE "ENVIRONMENTAL EMERGENCY FUND", DEFINES "ENVIRONMENTAL EMERGENCIES", REQUIRES THAT ALL FINES AND PENALTIES COLLECTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, NOT OTHERWISE DESIGNATED, TO BE CREDITED TO THE FUND, ESTABLISHES A ONE HUNDRED THOUSAND DOLLAR CAP FOR THE FUND, AND PROVIDES FOR USE OF THESE FUNDS; TO DESIGNATE SECTIONS 48-2-10 THROUGH 48-2-90 AS ARTICLE 1, CHAPTER 2, TITLE 48 ENTITLED "ENVIRONMENTAL PROTECTION FUND"; TO RENAME TITLE 48, CHAPTER 2 AS "ENVIRONMENTAL PROTECTION FUNDS".
Ordered for consideration tomorrow.

Senator COURTNEY from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4971 -- Reps. Wilkins, Harrison and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-645 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE NOTICE OF CERTAIN HEARINGS TO FOSTER PARENTS, PREADOPTIVE PARENTS, AND RELATIVES PROVIDING CARE OF A CHILD; BY ADDING SECTION 20-7-763 SO AS TO CLARIFY WHAT IS REQUIRED OF THE DEPARTMENT OF SOCIAL SERVICES WHEN IT MUST MAKE "REASONABLE EFFORTS" IN WORKING WITH FAMILIES AND CHILDREN AND TO FURTHER AUTHORIZE THE FAMILY COURT TO MAKE DETERMINATIONS AS TO WHEN REASONABLE EFFORTS MAY BE REQUIRED AND WHEN THEY MAY BE TERMINATED OR DISPENSED WITH; BY ADDING SECTION 20-7-768 SO AS TO PROVIDE CONDITIONS UNDER WHICH THE DEPARTMENT SHALL INITIATE, OR JOIN IN A PROCEEDING FOR, TERMINATION OF PARENTAL RIGHTS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING, SO AS TO INCLUDE IN THE FINDINGS REQUIRED WHEN A CHILD IS NOT RETURNED TO THE PARENTS THE STEPS THE DEPARTMENT HAS TAKEN TO PROMOTE AND EXPEDITE THE ADOPTIVE PLACEMENT OF THE CHILD; TO AMEND SECTION 20-7-1642, AS AMENDED, RELATING TO PERSONS WITH WHOM A CHILD MAY NOT BE PLACED FOR FOSTER CARE, SO AS TO REVISE THE CRIMINAL OFFENSES THAT ARE PROHIBITED AND TO CLARIFY THAT A CHILD IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES INCLUDES A CHILD IN THE CUSTODY OF AN AGENCY LICENSED OR REGISTERED BY THE DEPARTMENT; TO AMEND SECTION 20-7-1670, AS AMENDED, RELATING TO PERSONS WHO MAY PETITION FOR ADOPTION OF A CHILD, SO AS TO PROVIDE EXCEPTIOD TO PROVIDE FOR A HEARING IF THE DEPARTMENT VIOLATES THIS SECTION; AND TO AMEND SECTION 20-7-1895 RELATING TO THE STATEWIDE ADOPTION EXCHANGE, SO AS TO DELETE THE PROVISION THAT ONLY A "SPECIAL NEEDS CHILD" MAY BE REFERRED TO A REGIONAL OR NATIONAL ADOPTION EXE.
Ordered for consideration tomorrow.

SENATE RECEDES FROM AMENDMENTS
RETURN REQUESTED FROM THE HOUSE
CONCURRENCE, ORDERED ENROLLED FOR
RATIFICATION
Message from the House

Columbia, S.C., May 27, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 992 -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-1495 SO AS TO PROVIDE DEFINITIONS RELATED TO THE COLLECTION OF TOLLS, TO PROVIDE THAT CERTAIN PERSONS ARE LIABLE FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR PENALTIES FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR ENFORCEMENT, NOTIFICATION, AND ADJUDICATION PROCEDURES FOR TOLL VIOLATIONS, AND TO PROVIDE FOR ELECTRONIC COLLECTION OF TOLLS AND RESTRICTIONS ON THE USE OF PHOTOGRAPHS AND OTHER RECORDED IMAGES USED DURING TOLL COLLECTION.
Very respectfully,
Speaker of the House

On motion of Senator CORK, the Senate receded from its amendment.

The Senate requested the return of the Bill.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.

On motion of Senator CORK, 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.

Message from the House

Columbia, S.C., May 27, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 1070 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4170 RELATING TO INTERMODAL TRAILER, CHASSIS, OR CONTAINER SO AS TO PROVIDE THAT NO PERSON MAY TENDER A VEHICLE THAT IS IN VIOLATION OF FEDERAL MOTOR CARRIER SAFETY REGULATIONS TO A CAREER OR DRIVER, TO PROVIDE FOR PUBLIC SERVICE SAFETY INSPECTIONS BY THE DEPARTMENT OF PUBLIC SAFETY UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE MONITORING OF ROADSIDE SAFETY INSPECTIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., May 27, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3054 -- Reps. Scott, Bailey, J. Hines and Lloyd: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE FEASIBILITY OF IMPLEMENTING A STATEWIDE MASS TRANSPORTATION SYSTEM.
and has ordered the Joint Resolution Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Message from the House

Columbia, S.C., May 27, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4439 -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-14-410 SO AS TO REGULATE WHEN A CLAIMANT MAY COMMENCE A SUIT OR OTHER PROCEEDING AGAINST A FORMER SHAREHOLDER OF A DISSOLVED CORPORATION FOR CERTAIN CLAIMS AND TO REGULATE WHEN A CLAIMANT MAY SATISFY A JUDGMENT RENDERED AGAINST A DISSOLVED CORPORATION BY PROCEEDING AGAINST OR JOINING AN INDIVIDUAL SHAREHOLDER, AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL APPLY RETROACTIVELY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Message from the House

Columbia, S.C., May 27, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4505 -- Reps. Gamble, Boan, Haskins, Klauber, Knotts, Koon, Riser and Stuart: A BILL TO AMEND SECTION 56-5-4090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATIONS ON LENGTHS AND LOADS OF CERTAIN POLE TRAILERS, LONGWOOD TRAILERS, AND SELF-PROPELLED POLE CARRIERS, SO AS TO INCLUDE FLAT-BED TRAILERS WITHIN CERTAIN EXCEPTIONS TO LENGTH OF VEHICLES AND LOADS, TO FURTHER PROVIDE FOR THE MATERIALS WHICH EXEMPT TRAILERS MAY TRANSPORT, AND TO MAKE A TECHNICAL CORRECTION TO A REFERENCE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Message from the House

Columbia, S.C., May 27, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4526 -- Reps. Kelley, Edge, Barfield and Keegan: A BILL TO AMEND SECTION 12-21-2420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF AND EXEMPTIONS FROM THE ADMISSIONS LICENSE TAX, SO AS TO PROVIDE THAT THE MEASURE OF THIS TAX DOES NOT INCLUDE ANY TAX OR FEE IMPOSED BY A POLITICAL SUBDIVISION OF THE STATE THAT CONSTITUTES A PART OF THE CHARGE FOR ADMISSION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Message from the House

Columbia, S.C., May 27, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that the report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:
H. 4799 -- Reps. Altman, Kelley, Keegan, Lanford, Rhoad, Witherspoon and Meacham: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-FOURTH MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.
Very respectfully,
Speaker of the House
Received as information.

CONCURRENCE

H. 3784 -- Reps. Haskins, Jordan, Neal, H. Brown, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Bowers, G. Brown, Byrd, Cato, Cave, Clyburn, Cobb-Hunter, Cooper, Davenport, Edge, Fleming, Hamilton, J. Hines, M. Hines, Hodges, Howard, Jennings, Kelley, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Maddox, McCraw, McKay, Meacham, Miller, Parks, Phillips, Pinckney, Quinn, Rice, Riser, Robinson, Sandifer, Scott, Sharpe, Simrill, F. Smith, R. Smith, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Whipper, Woodrum, Young, Govan, Campsen and Harrell: A BILL TO AMEND CHAPTER 45, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF PHYSICAL THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICAL THERAPISTS INCLUDING, BUT NOT LIMITED TO, DELETING THE REQUIREMENT FOR TREATMENT BY PRESCRIPTION OF A PHYSICIAN OR DENTIST, CLARIFYING THE SCOPE OF PRACTICE, PROHIBITING, RECEIVING, OR IN ANY WAY PARTICIPATING IN REFUNDING FEES FOR PATIENT REFERRALS, REVISING REQUIREMENTS FOR LICENSEES NOT GRADUATING FROM AN APPROVED SCHOOL, ESTABLISHING PROVISIONAL LICENSES AND BIENNIAL LICENSURE, REQUIRING CONTINUING EDUCATION FOR RENEWAL, PROVIDING A CIVIL PENALTY, AND INCREASING CRIMINAL PENALTIES.
The House returned the Bill with amendments.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.

On motion of Senator MOORE, 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.

HOUSE CONCURRENCE

S. 1009 -- Senators McConnell and Passailaigue: A CONCURRENT RESOLUTION TO MEMORIALIZE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND THE UNITED STATES CONGRESS TO REJECT ANY LEGISLATION THAT WOULD EXEMPT HEALTH PLANS SPONSORED BY ASSOCIATIONS AND MULTIPLE EMPLOYER WELFARE ARRANGEMENTS FROM STATE INSURANCE STANDARDS AND OVERSIGHT.
Returned with concurrence.
Received as information.

HOUSE CONCURRENCE

S. 1267 -- Senator Setzler: A CONCURRENT RESOLUTION COMMENDING AND THANKING NANCY MOBLEY HAWKINS FOR HER EXCELLENT SERVICE TO RICHLAND SCHOOL DISTRICT ONE, AND WISHING HER HAPPINESS UPON HER RETIREMENT.
Returned with concurrence.
Received as information.

HOUSE CONCURRENCE

S. 1268 -- Senator Setzler: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MR. JAMES E. "JIM" BAGNAL, JR., OF LEXINGTON COUNTY FOR HIS MANY YEARS OF SERVICE AS AN INSTRUCTOR IN RICHLAND COUNTY SCHOOL DISTRICT ONE, THE STATE, AND THIS COUNTRY AND TO EXTEND TO HIM BEST WISHES UPON HIS RETIREMENT.
Returned with concurrence.
Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

The following Bills 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. 4947 -- Reps. Pinckney, Mullen and Rodgers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-143 SO AS TO CREATE A NO-WAKE ZONE ON A CERTAIN PORTION OF THE LITTLE CHECHESSEE CREEK IN BEAUFORT COUNTY.

Senator CORK asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.

H. 3897 -- Rep. Kirsh: A BILL TO AMEND SECTION 38-27-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REHABILITATION AND LIQUIDATION OF INSURERS, FORMAL PROCEEDINGS, AND LIABILITY OF THE REINSURER, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE ORIGINAL INSURED OR POLICYHOLDER SHALL NOT HAVE ANY RIGHTS AGAINST THE REINSURER WHICH ARE NOT SPECIFICALLY SET FORTH IN THE REINSURANCE CONTRACT OR OTHER AGREEMENT BETWEEN THE REINSURER AND THE ORIGINAL INSURED OR POLICYHOLDER.

H. 4882 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PILOTAGE COMMISSION, PORT OF PORT ROYAL, RELATING TO PORT OF PORT ROYAL, APPRENTICE TRAINING AND QUALIFICATION, SHORT BRANCH QUALIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2278, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4856 -- Reps. Delleney and Wilkins: A BILL TO AMEND SECTION 2-19-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF JUSTICES AND JUDGES, SO AS TO REQUIRE THAT ALL MATERIALS CONCERNING A WITHDRAWN CANDIDATE INCLUDING HIS REPORT, TRANSCRIPT, APPLICATION MATERIALS, AND ALL INFORMATION GATHERED DURING THE COMMISSION'S INVESTIGATION MUST BE KEPT CONFIDENTIAL AND DESTROYED AND IS EXEMPT FROM DISCLOSURE PURSUANT TO THE FREEDOM OF INFORMATION ACT; AND TO AMEND SECTION 2-19-50, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF RECORDS, SO AS TO REMOVE WITHDRAWN CANDIDATES FROM THE PROVISIONS OF THIS SECTION AND PROVIDE THAT INFORMATION REQUIRED TO BE KEPT CONFIDENTIAL ALSO IS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT.

The Committee on Judiciary proposed the following amendment (JUD4856.001), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   _______.   Section 2-19-70(B) of the 1976 Code, as last amended by Act 391 of 1996, is further amended to read:
"(B)   The privilege of the floor in either house of the General Assembly may not be granted to a former member any candidate during the time his application is pending before the commission and during the time his nomination by the commission for election to a particular judicial office is pending in the General Assembly."/
Renumber sections to conform.
Amend title to conform.

Senator COURTNEY explained the committee amendment.

The amendment was adopted.

Clerk's Note: In order to reconcile the perfecting amendments to the Committee Amendment and to avoid the duplication of language contained in each document, it was necessary for the Clerk to make a technical correction to the committee amendment by striking lines 26-31 on page 4856-1. (4856R001.WHB)

There being no further amendments, the Bill was amended, read the third time and ordered returned to the House with amendments.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4360 -- Reps. Limehouse, Wilkins, Altman, Barrett, Bauer, Barfield, H. Brown, Campsen, Cato, Dantzler, Davenport, Delleney, Felder, Fleming, Harrell, Harrison, Haskins, Hawkins, Jordan, Keegan, Kelley, Kinon, Klauber, Law, Littlejohn, Lloyd, McMaster, Maddox, Rice, Riser, Robinson, Sandifer, D. Smith, F. Smith, R. Smith, Tripp, Trotter, Vaughn, Whatley, Witherspoon, Young, Bailey, Cotty, Hinson, Gamble, Knotts, Leach, Meacham, Rodgers, Seithel, Stille, Easterday, Mason, Young-Brickell and J. Smith: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 48 SO AS TO ENACT THE "SEXUALLY VIOLENT PREDATOR ACT" INCLUDING PROVISIONS TO ESTABLISH PROCEDURES FOR DETERMINING IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, TO PROVIDE FOR THE RIGHTS OF SUCH PERSONS IN THIS PROCESS, AND TO AUTHORIZE THE COMMITMENT OF SUCH PERSON TO THE DEPARTMENT OF MENTAL HEALTH UPON ANTICIPATION OF RELEASE FROM INCARCERATION UNTIL THE PERSON IS SAFE TO BE AT LARGE; TO AMEND SECTION 16-3-1110, RELATING TO DEFINITIONS IN REGARD TO COMPENSATION OF VICTIMS OF CRIME AND TOLLING THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME WHO HAVE A CAUSE OF ACTION AGAINST AN INCARCERATED OFFENDER, SO AS TO FURTHER PROVIDE FOR THE TOLLING OF THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME IN REGARD TO PERSONS RELEASED FROM COMMITMENT PURSUANT TO CHAPTER 48 OF TITLE 44; TO AMEND CHAPTER 3, TITLE 24, RELATING TO THE STATE PRISON SYSTEM, BY ADDING SECTION 24-3-85 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ADMIT AND DETAIN PERSONS TRANSFERRED PURSUANT TO AN INTERAGENCY AGREEMENT AUTHORIZED BY CHAPTER 48 OF TITLE 44; AND TO AMEND SECTION 44-22-10, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RIGHTS OF MENTAL HEALTH PATIENTS, SO AS TO EXCLUDE FROM THE DEFINITION OF "PATIENT" A PERSON COMMITTED TO THE DEPARTMENT PURSUANT TO CHAPTER 48 OF TITLE 44.

Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.

Senator MOORE proposed the following amendment (JUD4360.005), which was adopted:
Amend the committee report, as and if amended, page [4360-5], beginning on line 7, in Section 44-48-50, as contained in SECTION 1, by striking Section 44-48-50 in its entirety and inserting therein the following:
/"Section 44-48-50.   The Director of the Department of Corrections shall appoint a multidisciplinary team to review the records of each person referred to the team pursuant to Section 44-48-40. These records may include, but are not limited to, the person's criminal offense record, any relevant medical and psychological records, treatment records, and any disciplinary or other records formulated during confinement or supervision. The team, within thirty days of receiving notice as provided for in Section 44-48-40, shall assess whether or not the person satisfies the definition of a sexually violent predator. If it is determined that the person satisfies the definition of a sexually violent predator, the multidisciplinary team must forward a report of the assessment to the prosecutor's review committee. The assessment must be accompanied by all records relevant to the assessment. Membership of the team must include:
(1)   a representative from the Department of Corrections;
(2)   a representative from the Department of Probation, Parole and Pardon Services;
(3)   a representative from the Department of Mental Health who is a trained, qualified mental health clinician with expertise in treating sexually violent offenders;
(4)   a retired judge appointed by the Chief Justice who is eligible for continued judicial service pursuant to Section 2-19-100; and
(5)   the Chief Attorney of the Office of Appellate Defense or his designee.
The Director of the Department of Corrections or his designee shall be the chairman of the team."/
Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

The Committee on Judiciary proposed the following amendment (JUD4360.004), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION   1.   Title 44 of the 1976 Code is amended by adding:

"CHAPTER 48
Sexually Violent Predator Act

Section 44-48-10.   This chapter is known and may be cited as the 'Sexually Violent Predator Act'.
Section 44-48-20.   The General Assembly finds that a mentally abnormal and extremely dangerous group of sexually violent predators exists who require involuntary civil commitment in a secure facility for long-term control, care, and treatment. The General Assembly further finds that the likelihood these sexually violent predators will engage in repeat acts of sexual violence if not treated for their mental conditions is significant. Because the existing civil commitment process is inadequate to address the special needs of sexually violent predators and the risks that they present to society, the General Assembly determines that a separate, involuntary civil commitment process for the long-term control, care, and treatment of sexually violent predators is necessary. The General Assembly also determines that, because of the nature of the mental conditions from which sexually violent predators suffer and the dangers they present, it is necessary to house involuntarily committed sexually violent predators in secure facilities separated from persons involuntarily committed under traditional civil commitment statutes. The civil commitment of sexually violent predators is not intended to stigmatize the mentally ill community.
Section 44-48-30.   For purposes of this chapter:
(1)   'Sexually violent predator' means a person who:
(a)   has been convicted of a sexually violent offense; and
(b)   suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.
(2)   'Sexually violent offense' means:
(a)   criminal sexual conduct in the first degree, as provided in Section 16-3-652;
(b)   criminal sexual conduct in the second degree, as provided in Section 16-3-653;
(c)   criminal sexual conduct in the third degree, as provided in Section 16-3-654;
(d)   criminal sexual conduct with minors in the first degree, as provided in Section 16-3-655(1);
(e)   criminal sexual conduct with minors in the second degree, as provided in Section 16-3-655(2) and (3);
(f)   engaging a child for a sexual performance, as provided in Section 16-3-810;
(g)   producing, directing, or promoting sexual performance by a child, as provided in Section 16-3-820;
(h)   assault with intent to commit criminal sexual conduct, as provided in Section 16-3-656;
(i)   incest, as provided in Section 16-15-20;
(j)   buggery, as provided in Section 16-15-120;
(k)   committing or attempting lewd act upon child under sixteen, as provided in Section 16-15-140;
(l)   violations of Article 3, Chapter 15 of Title 16 involving a minor when the violations are felonies;
(m)   accessory before the fact to commit an offense enumerated in this item and as provided for in Section 16-1-40;
(n)   attempt to commit an offense enumerated in this item as provided by Section 16-1-80;
(o)   any offense for which the judge makes a specific finding on the record that based on the circumstances of the case, the person's offense should be considered a sexually violent offense.
(3)   'Mental abnormality' means a mental condition affecting a person's emotional or volitional capacity that predisposes the person to commit sexually violent offenses.
(4)   'Sexually motivated' means that one of the purposes for which the person committed the crime was for the purpose of the person's sexual gratification.
(5)   'Agency with jurisdiction' means that agency which, upon lawful order or authority, releases a person serving a sentence or term of confinement and includes the South Carolina Department of Corrections, the South Carolina Department of Probation, Parole and Pardon Services, the Board of Probation, Parole and Pardon Services, the Department of Juvenile Justice, the Juvenile Parole Board, and the Department of Mental Health.
(6)   'Convicted of a sexually violent offense' means a person has:
(a)   pled guilty to, pled nolo contendere to, or been convicted of;
(b)   been adjudicated delinquent as a result of the commission of;
(c)   been charged but determined to be incompetent to stand trial for;
(d)   been found not guilty by reason of insanity of; or
(e)   been found guilty but mentally ill of a sexually violent offense.
(7)   'Court' means the court of common pleas.
(8)   'Total confinement' means incarceration in a secure state or local correctional facility and does not mean any type of community supervision.
(9)   'Likely to engage in acts of sexual violence' means the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others.
(10)   'Person' means an individual who is a potential or actual subject of proceedings under this act and includes a child under seventeen years of age.
Section 44-48-40.   (A)   When a person has been convicted of a sexually violent offense, the agency with jurisdiction shall give written notice to the multidisciplinary team established in Section 44-48-50 and the Attorney General at least ninety days before:
(1)   the anticipated release from total confinement of a person who has been convicted of a sexually violent offense, except that in the case of a person who is returned to prison for no more than ninety days as a result of a revocation of any type of community supervision program, written notice must be given as soon as practicable following the person's readmission to prison;
(2)   the anticipated hearing on fitness to stand trial following notice under Section 44-23-460 of a person who has been charged with a sexually violent offense but who was found unfit to stand trial for the reasons set forth in Section 44-23-410 following a hearing held pursuant to Section 44-23-430;
(3)   the anticipated hearing pursuant to Section 17-24-40(C) of a person who has been found not guilty by reason of insanity of a sexually violent offense; or
(4)   release of a person who has been found guilty of a sexually violent offense but mentally ill pursuant to Section 17-24-20.
(B)   When a person has been convicted of a sexually violent offense and the Board of Probation, Parole and Pardon Services or the Board of Juvenile Parole intends to grant the person a parole or the South Carolina Department of Corrections or the Board of Juvenile Parole intends to grant the person a conditional release, the parole or the conditional release shall be granted to be effective ninety days after the date of the order of parole or conditional release. The Board of Probation, Parole and Pardon Services, the Juvenile Parole Board, or the South Carolina Department of Corrections shall immediately send notice of the parole or conditional release of the person to the multidisciplinary team and the Attorney General. If the person is determined to be a sexually violent predator pursuant to this chapter, the person shall be subject to the provisions of this chapter even though the person has been released on parole or conditional release.
(C)   The agency with jurisdiction shall inform the multidisciplinary team and the Attorney General of:
(1)   the person's name, identifying factors, anticipated future residence, and offense history; and
(2)   documentation of institutional adjustment and any treatment received.
(D)   The agency with jurisdiction, its employees, officials, individuals contracting, appointed, or volunteering to perform services under this chapter, the multidisciplinary team, and the prosecutor's review committee established in Section 44-48-60 are immune from civil or criminal liability for any good-faith conduct under this act.
Section 44-48-50.   The Director of the Department of Corrections shall appoint a multidisciplinary team to review the records of each person referred to the team pursuant to Section 44-48-40. These records may include, but are not limited to, the person's criminal offense record, any relevant medical and psychological records, treatment records, and any disciplinary or other records formulated during confinement or supervision. The team, within thirty days of receiving notice as provided for in Section 44-48-40, shall assess whether or not the person satisfies the definition of a sexually violent predator. If it is determined that the person satisfies the definition of a sexually violent predator, the multidisciplinary team must forward a report of the assessment to the prosecutor's review committee. The assessment must be accompanied by all records relevant to the assessment. Membership of the team must include a representative from the Department of Corrections, the Department of Probation, Parole, and Pardon Services, and a representative from the Department of Mental Health who is a trained, qualified mental health clinician with expertise in treating sexually violent offenders. The Director of the Department of Corrections or his designee shall be the chairman of the team.
Section 44-48-60.   The Attorney General shall appoint a prosecutor's review committee to review the report and records of each person referred to the committee by the multidisciplinary team. The prosecutor's review committee shall determine whether or not probable cause exists to believe the person is a sexually violent predator. The prosecutor's review committee shall make the probable cause determination within thirty days of receiving the report and records from the multidisciplinary team. The prosecutor's review committee shall include, but not be limited to, a member of the staff of the Attorney General, an elected circuit solicitor, and a victim's representative. The Attorney General or his designee shall be the chairman of the committee. In addition to the records and reports considered pursuant to Section 44-48-50, the committee shall also consider information provided by the circuit solicitor who prosecuted the person.
Section 44-48-70.   When the prosecutor's review committee has determined that probable cause exists to support the allegation that the person is a sexually violent predator, the Attorney General may file a petition with the court in the jurisdiction where the person committed the offense. The petition, which must be filed within thirty days of the probable cause determination by the prosecutor's review committee, shall request that the court make a probable cause determination as to whether the person is a sexually violent predator. The petition must allege that the person is a sexually violent predator and must state sufficient facts that would support a probable cause allegation.
Section 44-48-80.   (A)   Upon filing of a petition, the court shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If the court determines that probable cause exists to believe that the person is a sexually violent predator, the person must be taken into custody if he is not already confined in a secure facility.
(B)   Immediately upon being taken into custody pursuant to subsection (A), the person must be provided with notice of the opportunity to appear in person at a hearing to contest probable cause as to whether the detained person is a sexually violent predator. This hearing must be held within seventy-two hours after a person is taken into custody pursuant to subsection (A). At this hearing the court shall:
(1)   verify the detainee's identity;
(2)   receive evidence and hear argument from the person and the Attorney General; and
(3)   determine whether probable cause exists to believe that the person is a sexually violent predator.
The State may rely upon the petition and supplement the petition with additional documentary evidence or live testimony.
(C)   At the probable cause hearing as provided in subsection (B), the detained person has the following rights in addition to any rights previously specified:
(1)   to be represented by counsel;
(2)   to present evidence on the person's behalf;
(3)   to cross-examine witnesses who testify against the person; and
(4)   to view and copy all petitions and reports in the court file.
(D)   If the probable cause determination is made, the court shall direct that the person be transferred to an appropriate secure facility including, but not limited to, a local or regional detention facility for an evaluation as to whether the person is a sexually violent predator. The evaluation must be conducted by a qualified expert approved by the court at the probable cause hearing.
Section 44-48-90.   Within sixty days after the completion of a hearing held pursuant to Section 44-48-80, the court shall conduct a trial to determine whether the person is a sexually violent predator. Within thirty days after the determination of probable cause by the court pursuant to Section 44-48-80, the person or the Attorney General may request, in writing, that the trial be before a jury. If such a request is made, the court shall schedule a trial before a jury at the next available date in the court of common pleas in the county where the offense was committed. If no request is made, the trial must be before a judge in the county where the offense was committed. The trial may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice, and only if the respondent will not be substantially prejudiced. At all stages of the proceedings under this chapter, a person subject to this chapter is entitled to the assistance of counsel, and if the person is indigent, the court shall appoint counsel to assist the person. If a person is subjected to an examination under this chapter, the person may retain a qualified expert of his own choosing to perform the examination. All examiners are permitted to have reasonable access to the person for the purpose of the examination, as well as access to all relevant medical, psychological, criminal offense, and disciplinary records and reports. In the case of an indigent person who would like an expert of his own choosing, the court shall determine whether the services are necessary. If the court determines that the services are necessary and the expert's requested compensation for the services is reasonable, the court shall assist the person in obtaining the expert to perform an examination or participate in the trial on the person's behalf. The court shall approve payment for the services upon the filing of a certified claim for compensation supported by a written statement specifying the time expended, services rendered, expenses incurred on behalf of the person, and compensation received in the case or for the same services from any other source.
Section 44-48-100.   (A)   The court or jury shall determine whether, beyond a reasonable doubt, the person is a sexually violent predator. If a jury determines that the person is a sexually violent predator, the determination must be by unanimous verdict. If the court or jury determines that the person is a sexually violent predator, the person must be committed to the custody of the Department of Mental Health for control, care, and treatment until such time as the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and has been released pursuant to this chapter. The control, care, and treatment must be provided at a facility operated by the Department of Mental Health. At all times, a person committed for control, care, and treatment by the Department of Mental Health pursuant to this chapter must be kept in a secure facility, and the person must be segregated at all times from other patients under the supervision of the Department of Mental Health. The Department of Mental Health may enter into an interagency agreement with the Department of Corrections for the control, care, and treatment of these persons. A person who is in the confinement of the Department of Corrections pursuant to an interagency agreement authorized by this chapter must be kept in a secure facility and must, if practical and to the degree possible, be housed and managed separately from offenders in the custody of the Department of Corrections. If the court or jury is not satisfied beyond a reasonable doubt that the person is a sexually violent predator, the court shall direct the person's release. Upon a mistrial, the court shall direct that the person be held at an appropriate secure facility including, but not limited to, a local or regional detention facility until another trial is conducted. A subsequent trial following a mistrial must be held within ninety days of the previous trial, unless the subsequent trial is continued. The court or jury's determination that a person is a sexually violent predator may be appealed. The person must be committed to the custody of the Department of Mental Health pending his appeal.
(B)   If the person charged with a sexually violent offense has been found incompetent to stand trial and is about to be released and the person's commitment is sought pursuant to subsection (A), the court first shall hear evidence and determine whether the person committed the act or acts with which he is charged. The hearing on this issue must comply with all the procedures specified in this section. In addition, the rules of evidence applicable in criminal cases apply, and all constitutional rights available to defendants at criminal trials, other than the right not to be tried while incompetent, apply. After hearing evidence on this issue, the court shall make specific findings on whether the person committed the act or acts with which he is charged; the extent to which the person's incompetence or developmental disability affected the outcome of the hearing, including its effect on the person's ability to consult with and assist counsel and to testify on the person's own behalf; the extent to which the evidence could be reconstructed without the assistance of the person; and the strength of the prosecution's case. If, after the conclusion of the hearing on this issue, the court finds beyond a reasonable doubt that the person committed the act or acts with which he is charged, the court shall enter a final order, appealable by the person, on that issue, and may proceed to consider whether the person should be committed pursuant to this chapter.
Section 44-48-110.   A person committed pursuant to this chapter shall have an examination of his mental condition performed once every year. The person may retain or, if the person is indigent and so requests, the court may appoint a qualified expert to examine the person, and the expert shall have access to all medical, psychological, criminal offense, and disciplinary records and reports concerning the person. The annual report must be provided to the court which committed the person pursuant to this chapter, the Attorney General, the solicitor who prosecuted the person, and the multidisciplinary team. The court shall conduct an annual hearing to review the status of the committed person. The committed person shall not be prohibited from petitioning the court for release at this hearing. The Director of the Department of Mental Health shall provide the committed person with an annual written notice of the person's right to petition the court for release over the director's objection; the notice shall contain a waiver of rights. The director shall forward the notice and waiver form to the court with the annual report. The committed person has a right to have an attorney represent him at the hearing, but the committed person is not entitled to be present at the hearing. If the court determines that probable cause exists to believe that the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and, if released, is not likely to commit acts of sexual violence, the court shall schedule a trial on the issue. At the trial, the committed person is entitled to be present and is entitled to the benefit of all constitutional protections that were afforded the person at the initial commitment proceeding. The Attorney General shall represent the State and has the right to have the committed person evaluated by qualified experts chosen by the State. The trial must be before a jury if requested by either the person, the Attorney General, or the solicitor. The committed person also has the right to have qualified experts evaluate the person on the person's behalf, and the court shall appoint an expert if the person is indigent and requests the appointment. The burden of proof at the trial is upon the State to prove beyond a reasonable doubt that the committed person's mental abnormality or personality disorder remains such that the person is not safe to be at large and, if released, is likely to engage in acts of sexual violence.
Section 44-48-120.   If the Director of the Department of Mental Health determines that the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and, if released, is not likely to commit acts of sexual violence, the director shall authorize the person to petition the court for release. The petition shall be served upon the court and the Attorney General. The court, upon receipt of the petition for release, shall order a hearing within thirty days. The Attorney General shall represent the State, and has the right to have the petitioner examined by experts chosen by the State. The hearing must be before a jury if requested by either the petitioner or the Attorney General. The burden of proof is upon the Attorney General to show beyond a reasonable doubt that the petitioner's mental abnormality or personality disorder remains such that the petitioner is not safe to be at large and, that if released, is likely to commit acts of sexual violence.
Section 44-48-130.   Nothing in this chapter shall prohibit a person from filing a petition for release pursuant to this chapter. However, if a person has previously filed a petition for release without the approval of the Director of the Department of Mental Health and the court determined either upon review of the petition or following a hearing that the petitioner's petition was frivolous or that the petitioner's condition had not changed so that the petitioner was not safe to be at large and, if released, would commit acts of sexual violence, then the court shall deny the subsequent petition unless the petition contains facts upon which a court could find the condition of the petitioner had so changed that a hearing was warranted. Upon receipt of a first or subsequent petition from a committed person without the director's approval, the court shall, whenever possible, review the petition and determine if the petition is based upon frivolous grounds and, if so, shall deny the petition without a hearing.
Section 44-48-140.   In order to protect the public, relevant information and records which otherwise are confidential or privileged must be released to the agency with jurisdiction and the Attorney General for the purpose of meeting the notice requirements of Section 44-48-40 and determining whether a person is or continues to be a sexually violent predator.
Section 44-48-150.   Psychological reports, drug and alcohol reports, treatment records, reports of the diagnostic center, medical records, or victim impact statements which have been submitted to the court or admitted into evidence under this chapter must be part of the record but must be sealed and opened only on order of the court.
Section 44-48-160.   A person released from commitment pursuant to this chapter must register pursuant to and comply with the requirements of Article 7, Chapter 3 of Title 23.
Section 44-48-170.   The involuntary detention or commitment of a person pursuant to this chapter shall conform to constitutional requirements for care and treatment."
SECTION   2.   The last paragraph of Section 16-3-1110 of the 1976 Code is amended to read:
"Notwithstanding any other provision of law, the applicable statute of limitations for a crime victim, who has a cause of action against an incarcerated offender based upon the incident which made the person a victim, is tolled and does not expire until three years after the offender's release from the sentence including probation and parole time or three years after release from commitment pursuant to Chapter 48 of Title 44, whichever is later. However, this provision shall not shorten any other tolling period of the statute of limitations which may exist for the crime victim."
SECTION   3.   Section 16-3-1560, as last amended by Act 141 of 1997, is further amended to read:
"Section 16-3-1560.   (A)   The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, reasonably must attempt to notify each victim of post-conviction proceedings affecting the probation, parole, or release of the offender, including proceedings brought under Chapter 48 of Title 44, and of the victim's right to attend and comment at these proceedings. This notification must be made sufficiently in advance to allow the victim to exercise his rights as they pertain to post-conviction proceedings.
(B)   The Attorney General, upon receiving notice of appeal or other post-conviction action by an offender convicted of or adjudicated guilty for committing an offense involving one or more victims, must request from the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, the victim's personal information.
(C)   The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, upon receipt of request for the victim's personal information from the Attorney General in an appeal or post-conviction proceeding, must supply the requested information within a reasonable period of time.
(D)   The Attorney General must confer with victims regarding the defendant's appeal and other post-conviction proceedings, including proceedings brought under Chapter 48 of Title 44.
(E)   The Attorney General must keep each victim reasonably informed of the status and progress of the appeal or other post-conviction proceedings, including proceedings brought under Chapter 48 of Title 44, until their resolution.
(F)   The Attorney General reasonably must attempt to notify a victim of all post-conviction proceedings, including proceedings brought under Chapter 48 of Title 44, and of the victim's right to attend. This notification must be made sufficiently in advance to allow the victim to exercise his rights pertaining to post-conviction proceedings."
SECTION   4.   Chapter 3 of Title 24 of the 1976 Code is amended by adding:
"Section 24-3-85.   The director of the prison system shall admit and detain in the Department of Corrections for safekeeping a person transferred to his custody pursuant to an interagency agreement authorized pursuant to Chapter 48 of Title 44."
SECTION   5.   Section 44-22-10(11) of the 1976 Code is amended to read:
"(11)   'Patient' means an individual undergoing treatment in the department; however, the term does not include a person committed to the department pursuant to Chapter 48 of Title 44."
SECTION   6.   If any section, paragraph, provision, or portion of this act is held to be unconstitutional or invalid by a court of competent jurisdiction, this holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declares that the provisions of this act are severable from each other.
SECTION   7.   This act takes effect upon approval by the Governor and applies to any person who, on the effective date of the act, is serving a sentence for any offense set forth in Section 44-48-30(2) as well as to any person who is convicted of a sexually violent offense on or after the effective date of this act./
Amend title to conform.

Senator MOORE explained the committee amendment.

The amendment was adopted.

There being no further amendments, the Bill was amended, read the third time and ordered returned to the House with amendments.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3033 -- Reps. Govan, Inabinett, J. Hines, Lloyd and Moody-Lawrence: A BILL TO AMEND TITLE 44, CHAPTER 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 3 SO AS TO ENACT THE CHILDREN'S EMERGENCY MEDICAL SERVICES ACT, TO ESTABLISH THE EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR ITS DUTIES, AND TO CREATE AN ADVISORY COUNCIL TO THE PROGRAM.
Senator MOORE proposed the following amendment (3033R001.TLM), which was adopted:
Amend the bill, as and if amended, page 3033-5, beginning on line 33, by striking Section 3 in its entirety and inserting in lieu the following:
/SECTION   3.   This act takes effect upon approval by the Governor./
Amend title to conform.

Senator MOORE explained the Bill.

The amendment was adopted.

There being no further amendments, the Bill was amended, read the third time and ordered returned to the House with amendments.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4737 -- Reps. Bailey and Walker: A BILL TO AMEND SECTION 40-57-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE BROKERS, SALESMEN, AND PROPERTY MANAGERS AND THE EDUCATIONAL REQUIREMENTS WHICH ARE CONDITIONAL TO AN APPLICATION FOR LICENSURE, SO AS TO PROVIDE THAT FOR A SALESMAN'S LICENSE THE APPLICANT FOR LICENSURE MUST COMPLETE SIXTY, RATHER THAN THIRTY, HOURS OF CLASSROOM INSTRUCTION IN FUNDAMENTALS OF REAL ESTATE PRINCIPLES AND PRACTICES ON EVIDENCE, AND TO PROVIDE THAT FOR A BROKER'S LICENSE, THE APPLICANT FOR LICENSURE MUST COMPLETE ONE HUNDRED FIFTY, RATHER THAN ONE HUNDRED TWENTY, HOURS OF CERTAIN CLASSROOM INSTRUCTION, NINETY, RATHER THAN SIXTY, HOURS OF WHICH MAY BE THE HOURS REQUIRED FOR A SALESMAN'S LICENSE.

Senator LEVENTIS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.

Senator LEVENTIS proposed the following amendment (4737A002.PPL), which was adopted:
Amend the bill, as and if amended, SECTION 40-57-100(A), page 4737-2 by striking line 38 and inserting:
/(1)   For a salesman's license, completion of thirty forty-five hours of/
Amend the bill further, page 4737-3 by striking lines 6-7 and inserting:
/"(2)   For a broker's license, completion of one hundred and twenty thirty-five hours, sixty seventy-five hours of which may be the hours/
Amend the bill further, as and if amended, SECTION 2, page [4737-3], line 23, by striking SECTION 2 in its entirety and itserting in lieu thereof the following:
/SECTION   2.   This act takes effect on January 1, 1999./
Amend title to conform.

Senator LEVENTIS explained the amendment.

The amendment was adopted.

Senator ELLIOTT proposed the following amendment (4737R005.DE), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new section to read:
/SECTION   ___.   Chapter 57, Title 40 of the 1976 Code is amended by adding:
"Section 40-57-141.   A real estate agent or agents that know or should have known of the existence of a rental contract in place on the property must disclose such information in writing to a potential purchaser on or before the origination of a sales contract. Such notice is sufficient notice to the purchaser of their obligation to honor such rental contract. Selling agent or agents who fail to timely and properly disclose such information shall be fined at least five hundred dollars, in addition to being subject to other disciplinary action as determined by the South Carolina Real Estate Commission that may include revocation of his real estate license."/
Amend title to conform.

Senator ELLIOTT explained the amendment.

The amendment was adopted.

Senator BRYAN proposed the following amendment (JUD4737.001), which was adopted:
Amend the bill, as and if amended, page 2, line 22, by adding an appropriately numbered SECTION to read:
/SECTION   ___.   Section 40-57-240 is amended to read:
"Section 40-57-240.   This chapter does not apply to:
(1)   the sale, lease, or rental of real estate by an unlicensed owner of real estate who owns any interest in the real estate if the interest being sold, leased, or rented is identical to the owner's legal interest;
(2)   an attorney at law acting within the scope of his duties involved in the legal representation of his client/owner;
(3)   agencies and instrumentalities of the state or federal government and their employees acting within the scope of their official duties;
(4)   foresters registered under Chapter 27, Title 48, if the sale of any land is merely incidental to the sale of timber on the land;
(5)   court-appointed receivers and trustees while acting within the scope of their appointment;
(6)   housing authorities, including regional housing authorities, which operate under the United States Department of Housing and Urban Development regulations, and their employees acting within the scope of their official duties."/
Renumber sections to conform.
Amend title to conform.

Senator BRYAN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was amended, read the third time and ordered returned to the House with amendments.

THIRD READING BILLS

The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 1253 -- Senator Mescher: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE BOUNDARIES OF THE DEVON FOREST, STRATFORD, AND WESTVIEW-GOOSE CREEK NO. 3 PRECINCTS AND CHANGE THE MAP REFERENCE TO REFLECT THE CHANGES IN THE BOUNDARIES OF THESE PRECINCTS.
(By prior motion of Senator MESCHER)

S. 1257 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SUPERIOR SCHOLARS FOR TODAY AND TOMORROW (STAR) HIGH SCHOOL DIPLOMA/SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2227, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1258 -- Senators Mescher and Short: A BILL TO AMEND TITLE 59, CHAPTER 112, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION AND FEES AT STATE INSTITUTIONS, BY ADDING SECTION 59-112-75 SO AS TO PROVIDE THAT PUBLIC SCHOOL TEACHERS MAY RECEIVE A TUITION VOUCHER FOR ONE COURSE AT AN ISSUING STATE INSTITUTION WHEN SUPERVISING STUDENTS WHO ARE COMPLETING THEIR EDUCATIONAL DEGREE REQUIREMENTS.

SECOND READING BILL

The following Joint Resolution, having been read the second time, was ordered placed on the third reading Calendar:

H. 5166 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD SUPPORT GUIDELINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2269, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

AMENDED, READ THE SECOND TIME

S. 1053 -- Senators Wilson and Thomas: A BILL TO AMEND SECTION 20-7-8320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONAL RELEASE OF JUVENILES, SO AS TO INCREASE THE MAXIMUM AGE AT WHICH A CONDITIONAL RELEASE MAY EXPIRE FROM AGE NINETEEN TO TWENTY-ONE, AND TO PROVIDE THAT PROGRAMS A JUVENILE MAY PARTICIPATE IN AS A CONDITION OF RELEASE MUST BE PROGRAMS ESTABLISHED OR APPROVED BY THE DEPARTMENT OF JUVENILE JUSTICE OR WITH WHICH THE DEPARTMENT HAS A COOPERATIVE AGREEMENT.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the committee amendment.

The Committee on Judiciary proposed the following amendment (JUD1053.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION   1.   Section 20-7-8320 of the 1976 Code, as added by Act 383 of 1996, is amended to read:
"Section 20-7-8320.     (A)   A juvenile who shall have has been conditionally released from a correctional school facility shall remain under the authority of the parole board until the expiration of the specified term imposed in the juvenile's conditional aftercare release. The specified period of conditional release may expire before but not after the nineteenth twenty-first birthday of the juvenile. Each juvenile conditionally released is subject to the conditions and restrictions of the release and may at any time on the order of the parole board be returned to the custody of a correctional institution for violation of aftercare rules or conditions of release.
(B)   As a condition of correctional release, the parole board may impose participation in the restitution, work, and community service programs as established or approved by the Department of Juvenile Justice."
SECTION   2.   This act takes effect upon approval by the Governor./
Amend title to conform.

Senator COURTNEY explained the committee amendment.

The amendment was adopted.

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

S. 1053--Ordered to a Third Reading

On motion of Senator HOLLAND, with unanimous consent, S. 1053 was ordered to receive a third reading on Friday, May 29, 1998.

SECOND READING BILLS
WITH NOTICE OF GENERAL AMENDMENTS

The following Bills and Joint Resolution, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:

H. 5174 -- Reps. Edge, Barfield, Witherspoon, Keegan and Kelley: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1998 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF HORRY COUNTY FAVOR REDUCING THE SIZE OF THE HORRY COUNTY BOARD OF EDUCATION IN A SPECIFIED MANNER.

H. 3069 -- Reps. Limehouse, Seithel, Bailey and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3500 SO AS TO ALLOW A NONREFUNDABLE CREDIT AGAINST A TAXPAYER'S STATE INCOME TAX LIABILITY FOR A PORTION OF THE TAXPAYER'S CASH INVESTMENT IN A QUALIFIED SOUTH CAROLINA FILM ENTERPRISE, TO PROVIDE DEFINITIONS, AND TO PROVIDE AN ADDITIONAL STATE CORPORATE INCOME TAX CREDIT FOR AMOUNTS INVESTED IN THE CONSTRUCTION OF A MOTION PICTURE PRODUCTION FACILITY IN THIS STATE.

Senator ALEXANDER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.

On motion of Senator ALEXANDER, with unanimous consent, the Bill was read the second time with notice of general amendments, carrying over all amendments to third.

H. 3830 -- Rep. J. Smith: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO ADD THE DEFINITION OF "PRIZE PROMOTION", TO PROVIDE THAT ANY TELEPHONE SOLICITOR WHO MAKES AN UNSOLICITED CONSUMER TELEPHONE CALL MUST DISCLOSE PROMPTLY TO THE PERSON RECEIVING THE CALL THE IDENTITY OF THE SELLER, THAT THE PURPOSE OF THE CALL IS TO SELL GOODS OR SERVICES, THE NATURE OF THE GOODS OR SERVICES, THAT NO PURCHASE OR PAYMENT IS NECESSARY TO WIN OR PARTICIPATE IN A PRIZE PROMOTION IF A PRIZE PROMOTION IS OFFERED, AND THAT, WHEN REQUESTED, THE TELEMARKETER MUST DISCLOSE THE NO PURCHASE/NO PAYMENT ENTRY METHOD FOR THE PRIZE PROMOTION.

Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.

H. 3606 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 44-96-40, AS AMENDED, 44-96-60, AS AMENDED, 44-96-80, 44-96-110, 44-96-120, AS AMENDED, 44-96-130, 44-96-140, AS AMENDED, 44-96-160, AS AMENDED, 44-96-180, AS AMENDED, 44-96-290, AS AMENDED, 44-96-350, AND 44-96-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991", SO AS TO, AMONG OTHER THINGS, CHANGE THE DEFINITIONS OF "RECOVERED MATERIALS", "RECOVERED MATERIALS PROCESSING FACILITY", AND "USED OIL", DELETE THE FEE OF TEN DOLLARS A TON ON SOLID WASTE GENERATED OUT OF STATE AND DISPOSED OF IN SOUTH CAROLINA, MAKE CHANGES REGARDING THE DUTIES OF THE OFFICE OF SOLID WASTE REDUCTION AND RECYCLING, CHANGE THE PROVISIONS REGARDING THE PURPOSES OF THE SOLID WASTE MANAGEMENT TRUST FUND, AND REQUIRE PUBLIC NOTICE OF THE SUBMITTAL OF A SITE HYDROGEOLOGIC CHARACTERIZATION REPORT FOR A NEW MUNICIPAL SOLID WASTE LANDFILL OR FOR A LATERAL EXPANSION OF AN EXISTING MUNICIPAL SOLID WASTE LANDFILL; AND TO REPEAL SECTION 44-96-230, RELATING TO THE REQUIREMENT THAT THE OFFICE OF SOLID WASTE REDUCTION AND RECYCLING ESTABLISH AND HAVE TRADEMARKED A STATE RECYCLING SYMBOL.
On motion of Senator MOORE, with unanimous consent, the Bill was read the second time with notice of general amendments, carrying over all amendments to third.

H. 4063 -- Rep. Harrison: A BILL TO AMEND SECTIONS 44-9-90 AND 44-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, SO AS TO DELETE THE PROVISION REQUIRING THE COMMISSION TO COLLECT STATISTICS ON AND PROMULGATE REGULATIONS FOR PERSONS WITH MENTAL DEFICIENCIES OR EPILEPSY; TO AMEND SECTION 44-15-50 RELATING TO LIMITATIONS ON GRANTS THAT MAY BE AWARDED TO LOCAL MENTAL HEALTH PROGRAMS, SO AS TO DELETE LIMITS TIED TO 1974-75 EXPENDITURES; TO AMEND SECTION 44-15-80, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF MENTAL HEALTH, SO AS TO FURTHER AUTHORIZE ACCESS TO TREATMENT FOR THOSE UNABLE TO PAY; TO AMEND SECTION 44-17-410, AS AMENDED, RELATING TO PROCEDURES FOR EMERGENCY MENTAL HEALTH ADMISSIONS, SO AS TO REVISE CERTAIN ASPECTS OF THESE PROCEDURES; TO AMEND SECTION 44-17-540, AS AMENDED, AND SECTION 44-17-580, RELATING TO JUDICIAL HEARINGS CONCERNING COMMITMENT SO AS TO CLARIFY WHEN A PETITION SEEKING COMMITMENT MUST BE DISMISSED; TO AMEND SECTION 44-22-150, AS AMENDED, RELATING TO RESTRAINING MENTAL HEALTH PATIENTS, SO AS TO DEFINE THE TERM 'RESTRAINT'; AND TO AMEND SECTION 44-23-1100 RELATING TO CONFIDENTIALITY OF PROBATE RECORDS ON MENTAL HEALTH PATIENTS, SO AS TO CHANGE WHAT STANDARDS AND PROCEDURES APPLY.
Senator MOORE explained the Bill.

H. 4387 -- Reps. J. Brown, T. Brown, Canty, McLeod and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-235 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ESTABLISH A COMPREHENSIVE PROGRAM FOR THE TESTING OF NEWBORNS FOR THE PRESENCE OF THE HUMAN IMMUNODEFICIENCY VIRUS OR THE PRESENCE OF ANTIBODIES TO SUCH VIRUS, AND TO PROVIDE THAT THIS PROGRAM SHALL BE ESTABLISHED BY THE DEPARTMENT UPON APPROPRIATION OF NECESSARY FUNDS BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
On motion of Senator MOORE, with unanimous consent, the Bill was read the second time with notice of general amendments, carrying over all amendments to third.

H. 4618 -- Reps. Sharpe and McLeod: A BILL TO AMEND CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT BY ADDING ARTICLE 7, SO AS TO ESTABLISH THE VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE FOR ITS PURPOSES AND THE PROCEDURES UNDER WHICH IT IS TO OPERATE.

H. 4666 -- Reps. Campsen, Cotty, Altman, Limehouse, J. Smith, Knotts, Hinson, Littlejohn, Barrett, Young, Keegan, Stille, McMaster, Woodrum, Easterday, R. Smith, Haskins, Riser, Leach, Hamilton, Harrison and Delleney: A BILL TO AMEND SECTION 20-7-8320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONAL RELEASE OF JUVENILES, SO AS TO INCREASE THE MAXIMUM AGE AT WHICH A CONDITIONAL RELEASE MAY EXPIRE FROM AGE NINETEEN TO TWENTY-ONE, AND TO PROVIDE THAT PROGRAMS A JUVENILE MAY PARTICIPATE IN AS A CONDITION OF RELEASE MUST BE PROGRAMS ESTABLISHED OR APPROVED BY THE DEPARTMENT OF JUVENILE JUSTICE OR WITH WHICH THE DEPARTMENT HAS A COOPERATIVE AGREEMENT.
Senator COURTNEY explained the Bill.

H. 4689 -- Reps. Sharpe, Davenport, McLeod and Limehouse: A BILL TO AMEND SECTION 44-55-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SAFE DRINKING WATER ACT, SO AS TO REVISE AND ADD DEFINITIONS; TO AMEND SECTION 44-55-30 RELATING TO THE DESIGN AND CONSTRUCTION OF PUBLIC WATER SUPPLIES, SO AS TO CHANGE REFERENCES FROM "WATER SUPPLIES" TO "WATER SYSTEMS"; TO AMEND SECTION 44-55-40, AS AMENDED, RELATING TO APPLICATIONS FOR PUBLIC WATER SYSTEM CONSTRUCTION PERMITS, SO AS TO REVISE VARIOUS REQUIREMENTS, INCLUDING REVISING THE WATER SYSTEMS CLASSIFICATIONS; TO AMEND SECTION 44-55-45, AS AMENDED, RELATING TO THE ADVISORY COMMITTEE ON WELLS, SO AS TO CONFORM A REFERENCE TO THE REVISED DEFINITIONS; TO AMEND SECTION 44-55-50 RELATING TO RECREATIONAL ACTIVITIES IN RESERVOIRS, SO AS TO REVISE AN EXEMPTION; TO AMEND SECTION 44-55-60, AS AMENDED, RELATING TO ISSUANCE OF EMERGENCY ORDERS WHERE THERE IS AN IMMINENT HAZARD IN A PUBLIC WATER SYSTEM, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-70 RELATING TO PUBLIC NOTICE OF A VIOLATION IN A PUBLIC WATER SYSTEM, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-80 RELATING TO UNLAWFUL ACTS RELEVANT TO PUBLIC WATER SYSTEMS, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-90 RELATING TO PENALTIES AND INJUNCTIVE RELIEF, SO AS TO CLARIFY THE PENALTY FOR CONTINUOUS VIOLATIONS; TO AMEND SECTION 44-55-120, AS AMENDED, RELATING TO THE SAFE DRINKING WATER FUND, SO AS TO DELETE THE PROVISION THAT ANNUAL WATER SYSTEM FEES MUST BE ESTABLISHED ANNUALLY IN THE GENERAL APPROPRIATIONS ACT.
Senator MOORE explained the Bill.

H. 4804 -- Rep. Jennings: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, TEACHER OR PRINCIPAL, SO AS TO MAKE IT UNLAWFUL TO THREATEN THE LIFE, PERSON, OR FAMILY OF ANY PUBLIC EMPLOYEE, AND REVISE THE PENALTIES FOR VIOLATION.
Senator COURTNEY explained the Bill.

H. 4810 -- Rep. Felder: A BILL TO AMEND SECTION 44-63-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREPARING BIRTH CERTIFICATES OF ILLEGITIMATE CHILDREN WHEN A FATHER ACKNOWLEDGES PATERNITY, SO AS TO PROVIDE THAT IF EITHER SIGNATORY TO THE ACKNOWLEDGMENT RESCINDS WITHIN SIXTY DAYS, A NEW CERTIFICATE MAY ONLY BE PREPARED WHEN A COURT OR AN AUTHORIZED ADMINISTRATIVE AGENCY DETERMINES PATERNITY.
Senator SHORT explained the Bill.

H. 5073 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE DEFINITION OF "CHILDREN AND ADOLESCENTS IN NEED OF MENTAL HEALTH TREATMENT" TO INCLUDE CHILDREN OR ADOLESCENTS UNDER AGE TWENTY-ONE WHO ARE CLIENTS OF OR COMMITTED TO THE CUSTODY OF AN AGENCY OF THE STATE.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 3623 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH THE STATE'S SOLID WASTE POLICY, SO AS TO DISTINGUISH BETWEEN "COLLECTION", "DISPOSAL", "PROCESSING", AND "RECYCLING" AS APPLIED TO FACILITIES MANAGING WASTE TIRES; AND TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO WASTE TIRES, SO AS TO INCLUDE DISTINCTIONS AMONG WASTE TIRE MANAGEMENT, TO PROVIDE FOR A TIPPING FEE ON OVERSIZE WASTE TIRES, TO REFINE THE RETAILER-WHOLESALER REFUND PROGRAM, TO REVISE REQUIREMENTS AND PRIORITIES FOR USE OF GRANT FUNDS FROM THE WASTE TIRE TRUST FUND, TO UPDATE REFERENCES TO THE OFFICE OF THE GOVERNOR AND THE SOLID WASTE ADVISORY COUNCIL, AND TO REQUIRE RECORDKEEPING AND REPORTING BY WASTE TIRE FACILITIES.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the committee amendment.

The Committee on Medical Affairs proposed the following amendment (KGH\15658AC.98), which was adopted:
Amend the bill, as and if amended, Section 44-96-170(O), page 3623-6, by deleting lines 33-41 and inserting:
/Taxation. Any All refund/.
Amend the bill further, Section 44-96-170(O), page 3623-7, line 4, by deleting /act/ and inserting /chapter/.
Renumber sections to conform.
Amend title to conform.

Senator MOORE explained the committee amendment.

The amendment was adopted.

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.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 4082 -- Reps. Easterday, Altman, Limbaugh, Robinson, G. Brown, Campsen, Wilder, Bauer, Limehouse, Haskins, Maddox, Kelley, Knotts, Rice, Walker, Sharpe, Loftis, Sandifer, Davenport, Hinson, Simrill, Rodgers, Woodrum, J. Smith, Hamilton, Beck, R. Smith, Seithel, Allison, Wilkins, McCraw, Leach, Harrell, Klauber, Riser, Barrett, Mullen, Young, Law, Webb, D. Smith, H. Brown, Harrison, Dantzler, Littlejohn, Keegan, Kinon, Phillips, Witherspoon, T. Brown, Townsend, Vaughn, McMahand, Meacham, Kirsh, Whatley, Boan, McLeod, Breeland, Jennings, Cato, Hawkins, Miller, Battle, Stoddard, F. Smith, Mack, Stille, Barfield, Howard, Hodges, Lanford, Jordan, Harvin and Felder: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-380 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER AND TO ESTABLISH PENALTIES.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the committee amendment.

The Committee on Judiciary proposed the following amendment (JUD4082.001), which was adopted:
Amend the bill, as and if amended, page 1, after line 37, in Section 58-3-230, as contained in SECTION 1, by inserting therein the following:
/(D)   Nothing contained in this section shall authorize or be construed to authorize a customer to change his utility provider in contravention of existing state law."/.
Amend title to conform.

Senator COURTNEY explained the committee amendment.

The amendment was adopted.

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.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 4655 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-96-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE SOLID WASTE MANAGEMENT POLICY AND GOALS, SO AS TO REVISE THE STATE GOALS CONCERNING SOLID WASTE REDUCTION AND RECYCLING; TO AMEND SECTION 44-96-60, AS AMENDED, RELATING TO THE STATE SOLID WASTE MANAGEMENT PLAN, ANNUAL REPORT, AND ADVISORY COUNCIL, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH PROCEDURES AND PROMULGATE REGULATIONS NECESSARY TO OBTAIN RECYCLING DATA; AND TO AMEND SECTION 44-96-150 RELATING TO PLASTIC PACKAGING FOR PRODUCTS, SO AS TO REQUIRE THAT LABELING ON SUCH PACKAGING MUST BE INTERPRETED TO CONFORM WITH NATIONWIDE PLASTICS INDUSTRY STANDARDS.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the committee amendment.
The Committee on Medical Affairs proposed the following amendment (PSD\7431AC.98), which was adopted:
Amend the bill, as and if amended, Section 44-96-50(D), page 4655-2, line 36, before / solid / by inserting / municipal /.
Amend the bill further by deleting Section 44-96-50(E) on page 4655-3 and inserting:
"(E)   It is the goal of this State to recycle, on a statewide basis, at least twenty-five thirty-five percent, calculated by weight, of the total municipal solid waste stream generated in this State not no later than six years after the date of enactment of this chapter June 30, 2005.
(F)   It is the goal of this State to continue setting new and revised solid waste recycling and waste reduction goals after June 30, 2005. These goals must be established in a manner so as to attempt to further reduce the flow of solid waste being disposed of in municipal solid waste landfills and solid waste incinerators."
Amend the bill further, Section 44-96-60(B), page 4655-4, line 8 after / amounts / by inserting / , actual or estimated, / and on line 9, after / county / by inserting / , when available,/.
Renumber sections to conform.
Amend title to conform.

Senator MOORE explained the committee amendment.

The amendment was adopted.

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.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 4821 -- Rep. Jennings: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-735 SO AS TO PROHIBIT THE IMPERSONATION OF A STATE OR LOCAL OFFICIAL OR EMPLOYEE IN CONNECTION WITH A SHAM LEGAL PROCESS AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 30, RELATING TO INDEXING AND FILING OF WRITTEN INSTRUMENTS, BY ADDING SECTION 30-9-35 SO AS TO PROHIBIT THE FILING OF A JUDGMENT OR OTHER LIEN AGAINST A FEDERAL, STATE, OR LOCAL OFFICIAL OR EMPLOYEE WITHOUT A COURT OR ADMINISTRATIVE ORDER OR OTHER PROPER AUTHORIZATION, TO PROVIDE A PROCEDURE FOR REMOVING AN INVALID LIEN, AND TO PROVIDE FOR CIVIL REMEDIES FOR A PERSON INJURED BY THE FILING OF AN INVALID LIEN; AND TO AMEND SECTION 30-9-30, AS AMENDED, RELATING TO FILING OF WRITTEN INSTRUMENTS, SO AS TO ALLOW A CLERK OF COURT OR REGISTER OF DEEDS TO REFUSE TO ACCEPT A DOCUMENT FOR FILING IF HE REASONABLY BELIEVES IT IS FALSE OR FRAUDULENT OR IS A SHAM LEGAL PROCESS.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the committee amendment.

The Committee on Judiciary proposed the following amendment (JUD4821.001), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 21, in Section 16-17-735(C), as contained in SECTION 1, after the word /deeds,/ by striking /a notary public who has never been so commissioned/ and inserting
/ a commissioned notary public /.
Amend the bill further, as and if amended, page 2, line 32, in Section 16-17-735(D), as contained in SECTION 1, by striking /or use of sham legal/ and inserting
/ or use of a sham legal /.
Amend the bill further, as and if amended, page 3, line 39, in Section 30-9-35(B)(1)(b), as contained in SECTION 2, after the word /official;/ by inserting
/ or /.
Amend the bill further, as and if amended, page 5, line 39, in Section 30-9-30(B)(4)(a), as contained in SECTION 3, by striking /asset/ and inserting
/ assert /.
Amend title to conform.

Senator COURTNEY explained the committee amendment.

The amendment was adopted.
Senator COURTNEY proposed the following amendment (JUD4821.002), which was adopted:
Amend the bill, as and if amended, page 5, line 2, in Section 30-9-30(A), as contained in SECTION 3, after the word /mortgages,/ by inserting
/ judgments, /.
Amend the bill further, as and if amended, page 5, beginning on line 9, in Section 30-9-30, as contained in SECTION 3, by striking lines 9 through 29 in their entirety and inserting therein the following:
/instrument so filed and the property affected by the instrument. A return address must be provided on each conveyance, mortgage, judgment, lien, contract or other document submitted for filing with the clerk of court or register of deeds. A document may be refused for filing if it lacks a complete return address.
(B)(1)   If a person presents a conveyance, mortgage, judgment, lien, contract, or other document to the clerk of court or the register of deeds for filing or recording, the clerk of court or the register of deeds may refuse to accept the document for filing or recording if he reasonably believes that the conveyance, mortgage, judgment, lien, contract, or other document is materially false or fraudulent or is a sham legal process. However, if the person presenting the conveyance, mortgage, judgment, lien, contract, or other document to the clerk of court or the register of deeds resubmits the document within ten business days after the refusal with a sworn, written affidavit asserting the validity of the document and establishing the identity, mailing address, and phone number of all parties connected to the document, the clerk of court or register of deeds must accept the document for filing.
(2)   If the clerk of court or register of deeds reasonably believes that a conveyance, mortgage, judgment, lien, contract, or other document is materially false or fraudulent, is a sham legal process, or was not issued by a court of competent jurisdiction or appropriate government entity, the clerk of court or register of deeds may remove the conveyance, mortgage, judgment, lien, contract, or other document from the public records after mailing notice to the person on whose behalf the document was filed at the return address provided in the document and allowing at least ten business days for a response through the form of a sworn, written affidavit asserting the validity of the document and establishing the identity, mailing address, and phone number of all parties connected to the document. If a sworn, written affidavit is received by the clerk of court or register of deeds from the person on whose behalf the document was filed, the conveyance, mortgage, judgment, lien, contract, or other document must be accepted for filing./
Amend title to conform.

Senator COURTNEY explained the amendment.

The amendment was adopted.

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.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 4942 -- Reps. Lee, Davenport and F. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-1-50, SO AS TO PROVIDE THAT AN INMATE MUST NOT BE USED AS AN INTERPRETER IN A CRIMINAL PROCEEDING IN WHICH A PARTY TO THE PROCEEDING DOES NOT SPEAK ENGLISH.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the committee amendment.

The Committee on Judiciary proposed the following amendment (JUD4942.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1.   Chapter 1, Title 17 of the 1976 Code is amended by adding:
"Section 17-1-50.   (A)   Notwithstanding any other provision of law, whenever a party or witness to a criminal legal proceeding does not sufficiently speak the English language to testify, the court must appoint a qualified interpreter to interpret the proceedings and the testimony of the party or witness. However, the court may waive the use of a qualified interpreter if the court finds that it is not necessary for the fulfillment of justice. The court must first make a finding on the record that the waiver of a qualified interpreter is in the best interest of the party or witness and that this action is in the best interest of justice.
(B)   A 'qualified interpreter' means a person who:
(1)   is eighteen years of age or older;
(2)   is not a family member of the party or witness;
(3)   is an instructor of foreign language at an institution of education; or
(4)   has educational training or experience that enables him or her to fluently speak a foreign language and interpret the language of another person.
A   'qualified interpreter' shall not be a person confined to an institution.
(C)   The court, through the chief administrative judge for the judicial circuit, shall determine a reasonable fee for the interpreting services, which must be paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly.
(D)   The Division of Court Administration shall maintain a centralized list of qualified interpreters to interpret the proceedings to and testimony of a party or witness. A party or a witness is not precluded from using a qualified interpreter who is not on the centralized list as long as the interpreter meets the requirements of subsection (B) and submits a sworn affidavit to the court specifying his or her qualifications."
SECTION   2.   Chapter 27, Title 15 of the 1976 Code is amended by adding:
"Section 15-27-155.   (A)   Notwithstanding any other provision of law, whenever a party or witness to a civil legal proceeding does not sufficiently speak the English language to testify, the court must appoint a qualified interpreter to interpret the proceedings and the testimony of the party or witness. However, the court may waive the use of a qualified interpreter if the court finds that it is not necessary for the fulfillment of justice. The court must first make a finding on the record that the waiver of a qualified interpreter is in the best interest of the party or witness and that this action is in the best interest of justice.
(B)   A 'qualified interpreter' means a person who:
(1)   is eighteen years of age or older;
(2)   is not a family member of the party or witness;
(3)   is an instructor of foreign language at an institution of education; or
(4)   has educational training or experience that enables him or her to fluently speak a foreign language and interpret the language of another person.
A 'qualified interpreter' shall not be a person confined to an institution.
(C)   The court, through the chief administrative judge for the judicial circuit, shall determine a reasonable fee for the interpreting services, which may be paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly, paid by one or more of the parties as the court may direct, or taxed ultimately as costs based on the discretion of the court.
(D)   The Division of Court Administration shall maintain a centralized list of qualified interpreters to interpret the proceedings to and testimony of a party or witness. A party or a witness is not precluded from using a qualified interpreter who is not on the centralized list as long as the interpreter meets the requirements of subsection (B) and submits a sworn affidavit to the court specifying his or her qualifications."
SECTION 3.   Section 15-27-15(A) of the 1976 Code is amended to read as follows:
"(A) Whenever a deaf person is a party or witness to any legal proceeding including, but not limited to, a civil or criminal proceeding, a family court proceeding, an action involving a traffic violation, or other criminal matter heard in magistrate's court, or is confined to an institution, the court shall appoint as many qualified interpreters or deaf relay interpreters as needed and are approved by the South Carolina Association of the Deaf. The interpreter must be approved by the deaf person and either the South Carolina Association of the Deaf and the South Carolina Registry of Interpreters for the Deaf or the National Registry of Interpreters for the Deaf to interpret the proceedings to and the testimony of the deaf person, unless the deaf person waives having a qualified interpreter, elects to use another individual of his own selection as his interpreter, or the judge finds that it is not necessary for the fulfillment of justice. If a person elects to use an interpreter other than a qualified interpreter provided for in this section, the court must first make a determination that this action is in the best interest of the individual and is in the best interests of justice. The court, through the chief administrative judge for the judicial circuit, shall determine a reasonable fee for interpreting services which must be paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly."
SECTION   4.   This act takes effect upon approval by the Governor./
Amend title to conform.

Senator COURTNEY explained the committee amendment.

The amendment was adopted.

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.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 5045 -- Reps. Campsen, Easterday, Young, Altman, Loftis, Simrill, Leach, Jordan, Fleming, Littlejohn, Allison, Walker, D. Smith, Davenport, Cato, Barrett, Harrison, H. Brown, Woodrum, Hamilton, Delleney, Vaughn, Robinson, Beck, Tripp, Haskins, Hawkins and Limehouse: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA RELIGIOUS FREEDOM RESTORATION ACT" UNDER WHICH THE STATE OF SOUTH CAROLINA AND ANY POLITICAL SUBDIVISION OF THE STATE IS PROHIBITED FROM BURDENING A PERSON'S CONSTITUTIONAL EXERCISE OF RELIGION EXCEPT UNDER CERTAIN CONDITIONS AND UNDER WHICH A PERSON WHOSE EXERCISE OF RELIGION HAS BEEN BURDENED IN VIOLATION OF THIS CHAPTER MAY ASSERT THAT VIOLATION AS A CLAIM OR DEFENSE IN A JUDICIAL PROCEEDING AND OBTAIN APPROPRIATE RELIEF AGAINST THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE.

Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.

H. 5045--Minority Report Removed

On motion of Senator JACKSON, with unanimous consent, his name was removed from the minority report.
There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the committee amendment.
The Committee on Judiciary proposed the following amendment (JUD5045.002), which was adopted:
Amend the bill, as and if amended, by striking all after the title and inserting therein the following:
/ Whereas, the General Assembly finds that:
(1)   The free exercise of religion is an inherent, fundamental, and inalienable right secured by Article I, Section 3 of the Constitution of this State.
(2)   Laws 'neutral' toward religion, as well as laws intended to interfere with the exercise of religion, may burden the exercise of religion.
(3)   The State or any political subdivision of the State should not substantially burden the exercise of religion without compelling justification.
(4)   In Employment Division v. Smith, 494 U.S. 872 (1990), the Supreme Court virtually eliminated the requirement that government justify burdens on the exercise of religion imposed by laws neutral toward religion.
(5)   In City of Boerne v. P.F. Flores, 65 LW 4612 (1997), the Supreme Court held that an Act passed by Congress to address the matter of burdens placed on the exercise of religion infringed on the legislative powers reserved to the states under the Constitution of the United States.
(6)   The compelling interest test, as set forth in Wisconsin v. Yoder, 406 U.S. 205 (1972), and Sherbert v. Verner, 374 U.S. 398 (1963), is a workable test for striking sensible balances between religious liberty and competing governmental interests. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION   1.   Title 1 of the 1976 Code is amended by adding:

"CHAPTER 32
South Carolina Religious Freedom Act

Section 1-32-10.   This chapter may be cited as the South Carolina Religious Freedom Act.
Section 1-32-20.   In this chapter:
(1)   'Demonstrates' means meets the burdens of going forward with the evidence and of persuasion.
(2)   'Exercise of religion' means the exercise of religion under the First Amendment to the United States Constitution or Article I, Section 2 of the State Constitution.
(3)   'Person' includes, but is not limited to, an individual, corporation, firm, partnership, association, or organization.
(4)   'State' means the State of South Carolina and any political subdivision of the State and includes a branch, department, agency, board, commission, instrumentality, entity, or officer, employee, official of the State or a political subdivision of the State, or any other person acting under color of law.
Section 1-32-30.   The purposes of this chapter are to:
(1)   restore the compelling interest test as set forth in Wisconsin v. Yoder, 406 U.S. 205 (1972), and Sherbert v. Verner, 374 U.S. 398 (1963), and to guarantee that a test of compelling state interest will be imposed on all state and local laws and ordinances in all cases in which the free exercise of religion is substantially burdened; and
(2)   provide a claim or defense to persons whose exercise of religion is substantially burdened by the State.
Section 1-32-40.   The State may not substantially burden a person's exercise of religion, even if the burden results from a rule of general applicability, unless the State demonstrates that application of the burden to the person is:
(1)   in furtherance of a compelling state interest; and
(2)   the least restrictive means of furthering that compelling state interest.
Section 1-32-50.   If a person's exercise of religion has been burdened in violation of this chapter, the person may assert the violation as a claim or defense in a judicial proceeding. If the person prevails in such a proceeding, the court shall award attorneys fees and costs.
Section 1-32-60.   (A)   This chapter applies to all state and local laws and ordinances and the implementation of those laws and ordinances, whether statutory or otherwise and whether adopted before or after July 1, 1998.
(B)   Nothing in this chapter may be construed to authorize the State to burden any religious belief.
(C)   Nothing in this chapter may be construed to affect, interpret, or in any way address:
(1)   that portion of the First Amendment of the United States Constitution prohibiting laws respecting the establishment of religion;
(2)   that portion of Article I, Section 2 of the State Constitution prohibiting laws respecting the establishment of religion.
(D)   Granting state funding, benefits, or exemptions, to the extent permissible under the constitutional provisions enumerated in subsection (C)(1) and (2), does not constitute a violation of this chapter.
As used in this subsection, 'granting', with respect to state funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions."
SECTION   2.   This act takes effect upon approval by the Governor./
Amend title to conform.

The amendment was adopted.

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.

SECOND READING BILLS

The following Bill and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:

S. 1266 -- Senator Land: A BILL TO AMEND ACT 959 OF 1972 SO AS TO REVISE THE GOVERNANCE OF THE VOCATIONAL EDUCATIONAL SCHOOL FOR CLARENDON COUNTY.
(By prior motion of Senator LAND)

H. 5086 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO ASSISTING, DEVELOPING, AND EVALUATING PROFESSIONAL TEACHING (ADEPT), DESIGNATED AS REGULATION DOCUMENT NUMBER 2223, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5108 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY, RELATING TO GENERAL LICENSING PROVISIONS; PATHOLOGY ASSISTANTS; SUPERVISED PROFESSIONAL EMPLOYMENT; AUDIOLOGY LICENSE-HEARING AID DISPENSING; CONTINUING EDUCATION, CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2270, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator MOORE explained the Resolution.

S. 1260 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD SUPPORT GUIDELINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2269, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

CARRIED OVER

The following Bill was carried over:

S. 969 -- Senator Holland: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURES, BY ADDING CHAPTER 30, SO AS TO ENACT THE "SEXUALLY VIOLENT PREDATOR ACT" AND TO ESTABLISH PROCEDURES FOR DETERMINING IF A PERSON IS A SEXUALLY VIOLENT PREDATOR; TO PROVIDE FOR THE RIGHTS OF THESE PERSONS IN THIS PROCESS; AND TO AUTHORIZE THE COMMITMENT OF THE PERSON TO THE DEPARTMENT OF MENTAL HEALTH UPON ANTICIPATION OF RELEASE FROM INCARCERATION AND UNTIL THE PERSON IS SAFE TO BE AT LARGE.
On motion of Senator MOORE, the Bill was carried over.

AMENDED, CARRIED OVER

H. 3287 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 38-43-105 AND 38-43-106, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO EXEMPT FROM THESE REQUIREMENTS AGENTS WHO SELL PREPAID LEGAL INSURANCE.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senator SALEEBY proposed the following amendment (3287I001), which was adopted:
Amend the bill further, as and if amended, page 1, line 39, by adding the following:
/(G)Purchase of any prepaid legal insurance shall not be made in connection with any loan transaction"./
Amend title to conform.

The amendment was adopted.

On motion of Senator LEATHERMAN, the Bill was carried over.

AMENDED AND CARRIED OVER

H. 4445 -- Reps. Harrison and Cotty: A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, SO AS TO REVISE THE DUTIES CONCERNING CONDUCTING VISITS TO FOSTER HOMES AND CONDUCTING INTERVIEWS OF FOSTER FAMILIES; TO DELETE THE PROVISION REQUIRING STATE EMPLOYEES TO REPORT VIOLATIONS OF THIS SECTION; TO REQUIRE DEPARTMENT PERSONNEL TO TAKE REASONABLE STEPS TO ASSURE COMPLIANCE WITH THIS SECTION AND TO STATE THE DUTIES OF FOSTER PARENTS TO COMPLY WITH THIS SECTION.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senator LANDER proposed the following amendment (4445R01.JAL), which was adopted:
Amend the bill, as and if amended, beginning on page 4445-8 by striking SECTIONS 4, 5 and 6 in their entirety.
Amend title to conform.

On motion of Senator LANDER, with unanimous consent, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

DEBATE INTERRUPTED

S. 941 -- Senators Courson, Wilson, Leatherman, Ryberg, Giese, Peeler, Russell, Thomas, Fair and Grooms: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION BY ADDING SECTION 1A AND AMENDING EXISTING SECTION 6 OF THE ARTICLE SO AS TO REQUIRE PROPERTY CLASSIFIED AS "ALL OTHER PERSONAL PROPERTY" TO BE THE SUBJECT OF A SEPARATE MILLAGE LEVY WHICH MAY NOT EXCEED THE 1998 PROPERTY TAX YEAR LEVY ON SUCH PROPERTY INCLUDING MILLAGE LEVIED FOR BONDED INDEBTEDNESS AND TO MAKE A CONFORMING AMENDMENT.

The Senate proceeded to a consideration of the Joint Resolution, the question being the third reading of the Joint Resolution.

Senator THOMAS argued contra to the third reading of the Joint Resolution.

On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by adjournment, with Senator THOMAS retaining the floor.

MOTION ADOPTED

On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. F. Dewey Marshall, Jr. of Rock Hill, S.C.

Time Fixed

Senator DRUMMOND moved that, when the Senate adjourns on Friday, May 29, 1998, it stand adjourned to meet next Tuesday, June 2, 1998, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 12:44 P.M., on motion of Senator DRUMMOND, 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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