Sen. Gerald Malloy

A BILL TO AMEND ARTICLE 1, CHAPTER 25, TITLE 59 OF THE 1976 CODE, RELATING TO TEACHERS, BY ADDING SECTION 59-25-35, TO PROVIDE THAT SCHOOL DISTRICTS MAY PAY LUMP-SUM BONUSES TO AID IN RETAINING TEACHERS WHO EXCEL IN PROVIDING QUALITY INSTRUCTION, LEADERSHIP, OR BOTH, TO REQUIRE THAT BONUSES MUST BE APPROVED BY THE SCHOOL BOARD, TO CAP BONUSES AT NOT MORE THAN TWENTY PERCENT OF A TEACHER'S BASE SALARY, AND TO PROVIDE THAT THE PAYMENT OF BONUSES IS NOT A PART OF AN EMPLOYEE'S BASE SALARY AND IS NOT EARNABLE COMPENSATION FOR THE PURPOSES OF EMPLOYEE AND EMPLOYER CONTRIBUTIONS TO THE RESPECTIVE RETIREMENT SYSTEMS.

A BILL TO AMEND CHAPTER 23, TITLE 16 OF THE 1976 CODE, RELATING TO OFFENSES INVOLVING WEAPONS, BY ADDING ARTICLE 9, TO REQUIRE THAT NO GUN TRANSFER PRECEDED BY A CRIMINAL BACKGROUND CHECK MAY PROCEED UNLESS THE CRIMINAL BACKGROUND CHECK HAS CONCLUDED THAT THE SALE MAY PROCEED, OR UNTIL AT LEAST TEN BUSINESS DAYS HAVE PASSED FROM THE INITIATION OF THE BACKGROUND CHECK, A SECOND APPLICATION HAS BEEN SUBMITTED, AND ANOTHER TEN BUSINESS DAYS HAVE PASSED, AND TO PROVIDE FOR CRIMINAL PENALTIES FOR VIOLATIONS OF THIS PROVISION.

A BILL TO AMEND SECTION 16-3-20 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO HOMICIDE, TO REMOVE THE PENALTY OF DEATH AS A PUNISHMENT FOR A PERSON CONVICTED OF MURDER, TO REMOVE THE REQUIREMENTS FOR THE IMPLEMENTATION OF THE DEATH PENALTY, AND TO MAKE OTHER CONFORMING CHANGES; TO AMEND SECTION 16-3-655 TO REMOVE THE PENALTY OF DEATH AS A PUNISHMENT FOR CRIMINAL SEXUAL CONDUCT WITH A MINOR WHO IS LESS THAN ELEVEN YEARS OF AGE, SECOND OFFENSE, TO REMOVE THE REQUIREMENTS FOR THE IMPLEMENTATION OF THE DEATH PENALTY, AND TO MAKE OTHER CONFORMING CHANGES; TO AMEND SECTION 10-11-325 TO REMOVE THE PENALTY OF DEATH AS A PUNISHMENT FOR THE USE OF AN EXPLOSIVE DEVICE ON THE CAPITOL GROUNDS RESULTING IN DEATH; TO AMEND SECTION 16-23-490 TO REMOVE THE REFERENCE TO THE DEATH PENALTY AS AN EXEMPTION TO THE FIVE YEAR CONSECUTIVE PENALTY FOR DISPLAYING A FIREARM IN THE COMMISSION OF A VIOLENT CRIME; TO AMEND SECTION 16-23-715 TO REMOVE THE PENALTY OF DEATH FOR A PERSON CONVICTED OF USE OF A WEAPON OF MASS DESTRUCTION IN FURTHERANCE OF AN ACT OF TERRORISM; TO AMEND SECTION 16-23-720 TO REMOVE THE PENALTY OF DEATH FOR A PERSON CONVICTED OF INTENTIONAL USE OF A DESTRUCTIVE DEVICE; TO AMEND SECTION 1-7-100 TO REMOVE THE OBLIGATION OF THE ATTORNEY GENERAL TO ASSIST SOLICITORS BY ATTENDING THE GRAND JURY IN CAPITAL CASES; TO AMEND SECTION 17-3-330 TO DELETE THE REQUIREMENT THAT THE OFFICE OF INDIGENT DEFENSE ROLL OVER UNEXPENDED FUNDS INTO A FUND FOR THE DEFENSE OF CAPITAL CASES; TO AMEND SECTION 17-3-520 TO REMOVE THE REQUIREMENT THAT A CIRCUIT PUBLIC DEFENDER BE CERTIFIED TO DEFEND CAPITAL CASES AND TO REMOVE THE REQUIREMENT THAT THE CIRCUIT PUBLIC DEFENDER MUST ESTABLISH PROCEDURES FOR ASSIGNING COUNSEL IN CAPITAL CASES; TO AMEND SECTION 17-17-10 TO REMOVE REFERENCES TO SOMEONE CHARGED WITH A FELONY PUNISHABLE BY DEATH RELATING TO THE ENTITLEMENT OF A WRIT OF HABEAS CORPUS; TO AMEND SECTION 17-25-45 TO REMOVE REFERENCES TO CASES INVOLVING THE DEATH PENALTY RELATING TO THE SENTENCING OF SERIOUS AND MOST SERIOUS OFFENSES; TO AMEND SECTION 17-27-130 TO REMOVE THE REQUIREMENT THAT COUNSEL FOR A DEFENDANT SENTENCED TO DEATH MUST MAINTAIN HIS FILES EXCEPT FOR THAT WHICH WAS ADMITTED INTO EVIDENCE AT TRIAL; TO AMEND SECTION 17-27-150 TO REMOVE THE PROVISION THAT A PARTY IN A CAPITAL POST CONVICTION RELIEF PROCEEDING IS ENTITLED TO DISCOVERY; TO AMEND SECTION 18-1-90 REMOVE THE REFERENCE TO DEFENDANTS SENTENCED TO DEATH FOR THE EXCLUSION OF THE RIGHT OF A DEFENDANT FOR BAIL; TO AMEND SECTION 22-5-310 TO REMOVE THE REFERENCE TO THE EXCEPTION OF CAPITAL CASES RELATING TO THE JURISDICTION OF MAGISTRATES; TO AMEND SECTION 24-3-40 TO REMOVE THE REFERENCE TO A PRISONER SENTENCED TO DEATH RELATING TO THE RIGHT TO HAVE PRISONER'S ESCROWED WAGES DISTRIBUTED TO THE PERSON OF HIS CHOICE; TO AMEND SECTIONS 24-13-125, 24-13-150, AND 24-21-560 TO REMOVE THE EXCEPTION OF DEATH PENALTY CASES IN REGARDS TO THE ELIGIBILITY OF WORK RELEASE, EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION FOR INMATES IN THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 25-7-40 TO REMOVE THE PENALTY OF DEATH FOR SOMEONE WHO, DURING TIMES OF WAR, COLLECTS, RECORDS, OR ATTEMPTS TO ELICIT CERTAIN MILITARY INFORMATION OR PLANS WITH THE INTENT TO COMMUNICATE THE INFORMATION TO THE ENEMY; TO REPEAL SECTION 1-7-340 RELATING TO THE ATTENDANCE AT INQUESTS AND PRELIMINARY HEARINGS IN CAPITAL CASES BY SOLICITORS; TO REPEAL SECTION 16-3-21 RELATING TO JURY INSTRUCTIONS IN CAPITAL CASES; TO REPEAL SECTION 16-3-25 RELATING TO THE REVIEW OF DEATH PENALTY CASES BY THE SUPREME COURT; TO REPEAL SECTION 16-3-26 RELATING TO THE APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS IN CASES WHERE THE DEATH PENALTY IS SOUGHT AND THE PAYMENT OF COSTS AND EXPENSES BY THE OFFICE OF INDIGENT DEFENSE; TO REPEAL SECTION 16-3-28 RELATING TO THE RIGHT OF A CAPITAL DEFENDANT TO HAVE LAST ARGUMENT AT TRIAL; TO REPEAL SECTION 17-19-80 RELATING TO THE RIGHT OF A PERSON INDICTED FOR A CAPITAL OFFENSE TO HAVE A COPY OF THE INDICTMENT; TO REPEAL SECTION 17-25-370 RELATING TO THE EXECUTION OF THE DEATH SENTENCE UPON AFFIRMANCE OF JUDGEMENT OR DISMISSAL OR ABANDONMENT OF APPEAL; TO REPEAL SECTION 17-25-380 RELATING TO THE NOTICE FOR THE IMPOSITION OF THE SENTENCE OF DEATH SENT TO THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS; TO REPEAL SECTION 17-25-390 RELATING TO THE RECEIPT OF THE NOTICE OF THE IMPOSITION OF THE SENTENCE OF DEATH; TO REPEAL SECTION 17-25-400 RELATING TO THE SERVICE OF NOTICE OF THE IMPOSITION OF THE SENTENCE OF DEATH ON THE DEFENDANT; TO REPEAL SECTION 17-27-160 RELATING TO POST-CONVICTION RELIEF PROCEDURES FOR CAPITAL CASES; TO REPEAL SECTION 18-9-20 RELATING TO REQUIREMENT THAT THE SUPREME COURT REVIEW THE CONVICTION OF EACH CAPITAL CASE; TO REPEAL SECTION 24-21-615 RELATING TO THE REVIEW OF PRISONER BENEFITS FOR PERSONS CONVICTED OF A CAPITAL OFFENSE BY THE PAROLE BOARD; AND TO REPEAL ARTICLE 5, CHAPTER 3, TITLE 24 RELATING TO THE REQUIREMENTS OF THE IMPOSITION OF A DEATH SENTENCE BY THE DEPARTMENT OF CORRECTIONS.

A BILL TO AMEND SECTION 14-1-200 OF THE 1976 CODE, RELATING TO THE SALARIES OF SUPREME COURT JUSTICES AND COURT OF APPEALS, CIRCUIT COURT, AND FAMILY COURT JUDGES, TO PROVIDE A SALARY SCHEDULE FOR THOSE JUDGES.

A BILL TO AMEND TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION, BY ADDING CHAPTER 138, TO ESTABLISH THE SOUTH CAROLINA COLLEGE AND UNIVERSITY BOARD OF REGENTS AND PROVIDE FOR ITS MEMBERSHIP, POWERS, DUTIES, AND RESPONSIBILITIES, TO PROVIDE FOR THE SERVICE OF TRUSTEES OR MEMBERS OF THE GOVERNING BODY OF CONSTITUENT INSTITUTIONS, AND TO PROVIDE THAT THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE STATE COMMISSION ON HIGHER EDUCATION AND THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, NOT INCONSISTENT WITH CHAPTER 138, TITLE 59, ARE DEVOLVED UPON THE SOUTH CAROLINA COLLEGE AND UNIVERSITY BOARD OF REGENTS; TO REPEAL SECTION 59-53-10, RELATING TO THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, AND SECTION 59-103-10, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION; AND TO DEFINE NECESSARY TERMS.

A BILL TO AMEND ARTICLE 1, CHAPTER 3, TITLE 23 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, BY ADDING SECTION 23-3-90, TO GRANT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION SPECIFIC AND EXCLUSIVE JURISDICTION AND AUTHORITY TO CONDUCT AN INVESTIGATION OF ALL OFFICER-INVOLVED SHOOTINGS THAT RESULT, OR COULD HAVE RESULTED, IN BODILY INJURY OR DEATH, TO ALLOW FOR AN INVESTIGATION OF AN OFFICER-INVOLVED SHOOTING TO BE COMPLETED BY A SEPARATE LAW ENFORCEMENT AGENCY IN CERTAIN CIRCUMSTANCES, TO ESTABLISH A PROTOCOL FOR EVIDENCE COLLECTION AND PROCESSING IN CERTAIN CIRCUMSTANCES, TO GRANT AN INVESTIGATING OFFICER THE SAME AUTHORITY AS HE WOULD HAVE IN HIS HOME JURISDICTION FOR THE DURATION OF AN INVESTIGATION, TO ESTABLISH A PROCEDURE FOR THE FORWARDING OF EVIDENCE TO THE CIRCUIT SOLICITOR UPON COMPLETION OF AN INVESTIGATION, AND TO ESTABLISH PENALTIES FOR THE FAILURE TO COMPLETE AN INDEPENDENT INVESTIGATION.

A BILL TO AMEND ARTICLE 5, CHAPTER 1, TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATIONAL PROVISIONS, BY ADDING SECTION 59-1-500, TO REQUIRE THE GENERAL ASSEMBLY, IN THE ANNUAL GENERAL APPROPRIATIONS ACT, TO APPROPRIATE FUNDS TO INSTALL, MAINTAIN, AND PROVIDE WIRELESS LOCAL AREA NETWORKS IN EVERY K-12 SCHOOL IN THIS STATE AND THEREAFTER TO APPROPRIATE FUNDS TO INSTALL, MAINTAIN, AND PROVIDE WIRELESS LOCAL AREA NETWORKS IN EVERY SCHOOL BUS IN THIS STATE, TO REQUIRE EACH DISTRICT TO ADOPT A PLAN TO MAKE SCHOOL BUSES AVAILABLE TO STUDENTS ON NON-SCHOOL DAYS, AND TO REQUIRE EACH DISTRICT TO ISSUE A REPORT DETAILING THE USE OF THE FUNDS APPROPRIATED.

A BILL TO AMEND SECTION 59-1-425 OF THE 1976 CODE, RELATING TO THE STATUTORY SCHOOL TERM, TO PROVIDE THAT A SCHOOL SEEKING A WAIVER FROM THE STATUTORY SCHOOL TERM TO OPERATE ON A YEAR-ROUND MODIFIED SCHOOL CALENDAR SHALL SUBMIT TO THE STATE BOARD OF EDUCATION A PLAN DETAILING THE GOALS THAT THE SCHOOL CONSEQUENTLY SEEKS TO ACHIEVE, TO REQUIRE THE APPROVAL OF THE PLAN BY THE STATE BOARD OF EDUCATION BEFORE A WAIVER MAY BE GRANTED, TO REQUIRE THAT THE SCHOOL MUST ANNUALLY REPORT ITS PROGRESS TOWARD MEETING THESE GOALS TO THE STATE BOARD, TO REQUIRE THAT THE STATE BOARD MUST REVIEW THE REPORT AND MAKE A DETERMINATION ON WHETHER THE SCHOOL'S PROGRESS IS SATISFACTORY, TO PROVIDE THAT THE STATE BOARD MAY NOT INITIALLY REVOKE A WAIVER OF A SCHOOL FOR UNSATISFACTORY PROGRESS, TO PROVIDE THAT A SCHOOL CONSIDERED BY THE STATE BOARD TO HAVE MADE UNSATISFACTORY PROGRESS MUST BE PLACED ON PROBATION FOR ONE YEAR AND DEVELOP A PROBATION IMPROVEMENT PLAN, TO PROVIDE THAT THE STATE BOARD SHALL REVOKE THE WAIVER OF A SCHOOL THAT FAILS TO MAKE SATISFACTORY PROGRESS ON A PROBATION IMPROVEMENT PLAN AND DIRECT THE TRANSITION OF THE SCHOOL BACK TO THE STATUTORY SCHOOL TERM, AND TO PROVIDE THAT A SCHOOL THAT HAS HAD ITS WAIVER REVOKED MAY SUBSEQUENTLY APPLY FOR A WAIVER.

A BILL TO AMEND SECTION 7-13-710(D)(1) AND (2) OF THE 1976 CODE, RELATING TO THE PRESENTATION OF IDENTIFICATION WHEN AN ELECTOR PRESENTS HIMSELF TO VOTE, TO PROVIDE THAT AN ELECTOR WHO FAILS TO PRODUCE A VALID AND CURRENT PHOTOGRAPH IDENTIFICATION MAY COMPLETE A WRITTEN STATEMENT AT THE POLLING PLACE AND AFFIRM THAT HE MEETS CERTAIN QUALIFICATIONS, TO PROVIDE THAT THE STATEMENT AND THE ELECTOR'S PROVISIONAL BALLOT MUST BE FILED WITH THE COUNTY BOARD OF REGISTRATION AND ELECTIONS, AND TO PROVIDE THAT THE COUNTY BOARD OF REGISTRATION AND ELECTIONS SHALL FIND THAT A PROVISIONAL BALLOT IS VALID, UNLESS THE BOARD HAS GROUNDS TO BELIEVE THE STATEMENT IS FALSE, IF THE BOARD DETERMINES THAT THE VOTER WAS CHALLENGED ONLY FOR THE INABILITY TO PROVIDE PROOF OF IDENTIFICATION AND THE REQUIRED STATEMENT IS SUBMITTED.

A BILL TO AMEND SECTION 37-3-501(1) OF THE 1976 CODE, RELATING TO SUPERVISED LOANS, TO PROVIDE THAT SHORT-TERM VEHICLE SECURED LOANS ARE NOT SUPERVISED LOANS; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 39 OF THE 1976 CODE, RELATING TO UNFAIR TRADE PRACTICES, BY ADDING SECTION 39-5-45, TO PROVIDE THAT IT IS AN UNFAIR TRADE PRACTICE FOR SUPERVISED LENDERS TO PROVIDE SHORT-TERM VEHICLE SECURED LOANS; TO AMEND SECOND 37-3-413 OF THE 1976 CODE, RELATING TO SHORT-TERM VEHICLE SECURED LOANS, TO CAP THE LOAN INTEREST RATE FOR SPECIFIC LOAN AMOUNTS; TO AMEND CHAPTER 3, TITLE 37 OF THE 1976 CODE, RELATING TO LOANS, BY ADDING SECTIONS 37-3-414 AND 37-3-415, TO PROVIDE FOR A DATABASE TO PREVENT A PERSON FROM HAVING A SHORT-TERM VEHICLE SECURED LOAN THAT EXCEEDS A CERTAIN LIMIT AND TO TRACK LOAN TRANSACTIONS IN GENERAL, AND TO PROVIDE THAT ALL SHORT-TERM VEHICLE SECURED LOANS MAY ONLY BE MADE BY A LICENSEE; AND TO DEFINE NECESSARY TERMS.