Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
We thank You, Lord God, for returning us safely to this place to continue the work as yet unfinished. And as we look at what lies ahead, we ask for a double measure of Your wisdom and guidance that all done may be for the good of Your people. Give us vision for what lies ahead, eyes to see Your way. Grant us insight that we may follow Your beckoning. With hands joined in grateful cooperation may we have earned at day's end the words of God's approval: "Well done, good and faithful steward." Lead us, Lord; lead us on. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Thursday, June 8, the SPEAKER ordered it confirmed.
Rep. J. BROWN moved that when the House adjourns, it adjourn in memory of Deacon Robert Lowman, Sr., which was agreed to.
The SPEAKER announced that Rep. FLEMING replaced Rep. HARRISON on the Conference Committee on the following Bill:
S. 250 (Word version) -- Senators Leatherman and Hayes: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE THE APPROVAL OF THE STATE ETHICS COMMISSION, IN ADDITION TO THE RESPONDENT, TO WAIVE THE CONFIDENTIALITY OF THE EXISTENCE OF THE COMPLAINT AFTER IT HAS BEEN DISMISSED WHEN A COMPLAINT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; AND TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS.
The following was received:
Columbia, S.C., May 31, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators MOORE, O'DELL and GREGORY of the Committee of Conference on the part of the Senate on H. 4849:
H. 4849 (Word version) -- Rep. Askins: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING CHAPTER 49 SO AS TO ENACT THE "FIREFIGHTER MOBILIZATION ACT OF 2000".
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 31, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators HUTTO, BRYAN and WALDREP of the Committee of Conference on the part of the Senate on H. 4003:
H. 4003 (Word version) -- Reps. Allen, Martin, Knotts, Rhoad, Simrill, J. Smith, Allison, Altman, Bailey, Bales, Barrett, Battle, Carnell, Clyburn, Cooper, Davenport, Emory, Gamble, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Inabinett, Keegan, Kelley, Kirsh, Law, Lee, Lloyd, Littlejohn, Lourie, Maddox, Mason, McCraw, McGee, McKay, W. McLeod, Meacham-Richardson, Miller, Ott, Phillips, Pinckney, Rodgers, Rutherford, Sandifer, R. Smith, Stille, Stuart, Taylor, Townsend, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon, Young-Brickell and Robinson: A BILL TO AMEND SECTION 20-7-8510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE, RELEASE, AND CONFIDENTIALITY OF JUVENILE RECORDS PURSUANT TO THE JUVENILE JUSTICE CODE, SO AS TO AUTHORIZE RELEASE OF INFORMATION AMONG THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, THE ATTORNEY GENERAL AND OTHER LAW ENFORCEMENT AGENCIES; TO AUTHORIZE THE TRANSMISSION OF RECORDS OF ADJUDICATION AND PENDING CRIMINAL CASES TO A SCHOOL OFFICIAL IF THE JUVENILE IS OR MAY BE A STUDENT AT THE SCHOOL; TO AUTHORIZE FINGERPRINTING OF A JUVENILE CHARGED WITH AN OFFENSE OTHER THAN A STATUS OFFENSE; AND TO AUTHORIZE SHARING OF CERTAIN INFORMATION BETWEEN THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, AND LAW ENFORCEMENT AGENCIES AND VARIOUS HUMAN SERVICES AGENCIES.
Very respectfully,
President
Received as information.
The following was received:
June 13, 2000
The Honorable Lanny F. Littlejohn
P.O. Box 11867
Columbia, SC 29211
Dear Lanny:
The purpose of this letter is to appoint you to serve on the Conference Committee for H. 4336. This appointment is to replace Representative Bob Walker, who will be out of town next week.
I know you will serve this Conference Committee with honor and distinction. If you have any questions, please do not hesitate to contact me.
Sincerely,
David H. Wilkins
Speaker of the House
Received as information.
June 14, 2000
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.
Statewide Appointment
State Ethics Commission
Term Commencing: May 31, 2000
Term Expiring: May 31, 2005
Seat: 4th Congressional District
Vice: Raymond B. Smith
Initial Appointment
Mr. Pete Gus Diamaduros
444 Old Iron Works Road
Spartanburg, South Carolina 29302
864-427-5657
Respectfully,
Jim Hodges
Governor
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following were received and referred to the appropriate committee for consideration:
Document No. 2496
Agency: Clemson University
Statutory Authority: 1976 Code Section 47-4-30
Specific Requirements for Cattle - Brucellosis Testing
Received by Speaker of the House of Representatives
June 6, 2000
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration October 4, 2000 (Subject to Sine Die Revision)
Document No. 2497
Agency: Clemson University
Statutory Authority: 1976 Code Section 47-4-30
Quarantine of Garbage Fed Swine
Received by Speaker of the House of Representatives
June 6, 2000
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration October 4, 2000 (Subject to Sine Die Revision)
The following was introduced:
H. 5166 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. C. Smith, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION TO COMMEND JANICE L. EDDLEMAN, FOR HER DEDICATED SERVICE AS AN ADMINISTRATIVE ASSISTANT, IN THE OFFICE OF THE SPEAKER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND TO EXTEND EVERY GOOD WISH TO HER IN HER FORTHCOMING MARRIAGE TO ROBERT L. TAYLOR OF FAYETTEVILLE, NORTH CAROLINA, AND IN THE YEARS TO COME.
Whereas, Janice L. Eddleman was born in Columbia, South Carolina, attended Dreher High School and Midlands Technical College, is a recipient of the Order of the Palmetto, and is getting married on August 19, 2000, to Robert L. Taylor of Fayetteville, North Carolina; and
Whereas, demonstrating superb "people skills" from the outset of her career in public service, Janice held an important administrative position in the Office of Public Information at the South Carolina Department of Education from July of 1987 until December of 1994; and
Whereas, from December of 1994 until November of 1998, Janice rendered invaluable service as Legislative Assistant in the office of Legislative Affairs for the Governor of South Carolina, ably assisting with the all-important liaison between the Governor's office and key state legislators concerning the state budget, handling the Governor's constituent mail, making travel and conference arrangements, and in tracking key legislation; and
Whereas, Janice L. Eddleman joined the staff of the office of the Speaker of the House of Representatives in November of 1998 as Administrative Assistant, working directly under Speaker David Wilkins and his Chief of Staff in an able, efficient, and effective manner, welcoming new challenges, and working diligently on many sensitive and significant issues of importance to the people of South Carolina; and
Whereas, Janice is a true team player, fair-minded and evenhanded, with a strong work ethic and warmth, compassion, and a kind word for all. Her calm, cool, and collected nature is ever present, very effective, and greatly appreciated; and
Whereas, Janice is a highly principled, conscientious person whose ability, intelligence, and dedication have served the Speaker's office and the House of Representatives well; and
Whereas, the members of the House of Representatives would like to take this opportunity to express their deepest gratitude and appreciation to Janice for a job well done, and though she will be missed as a House staffer, we are pleased to extend every good wish to her in the years to come. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives commend Janice L. Eddleman, for her dedicated service, as an Administrative Assistant in the office of the Speaker of the South Carolina House of Representatives and to extend every good wish to her in her forthcoming marriage to Robert L. Taylor, of Fayetteville, North Carolina, and in the years to come.
Be it further resolved that a copy of this resolution be presented to Janice L. Eddleman, of Columbia.
The Resolution was adopted.
The following was introduced:
H. 5167 (Word version) -- Rep. Wilkins: A CONCURRENT RESOLUTION TO RECOGNIZE WITH GRATITUDE THE FIVE YEARS OF DEDICATED LEGISLATIVE SERVICE OF REPRESENTATIVE LYNN SEITHEL TO THE CITIZENS OF THE STATE OF SOUTH CAROLINA AND THE COUNTY OF CHARLESTON AND WISHING HER THE BEST IN HER FUTURE ENDEAVORS.
Whereas, the Honorable Lynn Seithel of Charleston County relinquishes her seat in the South Carolina House of Representatives this year; and
Whereas, she has used that seat for five years to fight fervently for the citizens of this State and her county; and
Whereas, her passionate service has included, most recently, successful and productive stints as Chairman of the Special Laws Subcommittee of the Judiciary Committee and as treasurer of the Ethics Committee; and
Whereas, she has been an avid supporter of the Republican Party since her chairmanship of the University of South Carolina Collegiate Republicans, and continuing through service with the Sea Island Republican Women's Club and as Executive Committeeman of the Party from 1991-1993; and
Whereas, her enlightened and often bipartisan sponsorship of legislation has produced, most notably, proposals for protecting animals, children, and women from ill-treatment or harmful situations and assuring access to and adequacy of health care to all South Carolinians; and
Whereas, Representative Seithel has likewise demonstrated her strong devotion to governmental processes and government's role in addressing the needs and concerns of citizens by her active participation in the South Carolina Student Legislature and League of Women Voters and her service as a page and legislative aide with the House of Representatives from 1989 through 1993; and
Whereas, as she returns to private life she will continue to pursue her juris doctor degree at the University of South Carolina School of Law; and
Whereas, her colleagues in the House of Representatives will miss her determined presence in the Chamber, but wish her well in her legal career and in her pursuit of other new avenues of service. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly recognize with gratitude the five years of dedicated legislative service of Representative Lynn Seithel to the citizens of the State of South Carolina and the County of Charleston and wish her the best in her future endeavors.
Be it further resolved that a copy of this resolution be presented to the Honorable Lynn Seithel.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5168 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. C. Smith, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION TO EXPRESS THE SINCERE AND GENUINE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO OUR GOOD FRIEND, HELEN CHILDERS OF RICHLAND COUNTY, ON THE OCCASION OF HER RETIREMENT AND TO OFFER OUR SPECIAL THANKS FOR HER UNBOUNDED COMMITMENT AND DEDICATION TO THE GENERAL ASSEMBLY.
Whereas, Helen Childers has served with efficiency, thoughtfulness, and professionalism as the Receptionist to the House of Representatives in the Lobby of the State House during each session of the General Assembly for over fifteen years; and
Whereas, Helen has not only ensured that all the members of the House receive their messages in an expedient manner, she also answers hundreds of questions daily from legislative staff, lobbyists, and individuals visiting our State House with an unceasing dedication; and
Whereas, Helen has a gift for meeting people and putting them at ease in the midst of what can be an overwhelming grandeur of the State House; and
Whereas, Helen Childers was born in Summerton. She graduated from the University of South Carolina and is an active member of the University's Alumni Association; and
Whereas, prior to her association with the House of Representatives, Helen had retired after a long and distinguished career as the Deputy Clerk of Court for the United States Federal Court; and
Whereas, Helen possesses extraordinary culinary skills and loves to cook for others. She enjoys working in her yard and believes that gardening is an effective therapy for the body and mind; and
Whereas, another one of Helen's passions is golfing and she plays weekly. Some of her other favorite activities include reading, traveling, and visiting with friends; and
Whereas, Helen has lived an exemplary Christian life and is a member of Eastminister Presbyterian Church, where she serves as a Deacon. She is highly regarded and admired by others for her deep faith, her vision, and her leadership abilities; and
Whereas, we know not whether to rejoice or be sad today -- selfishly, we grieve as she departs these hallowed halls and at the same time, rejoice as a new chapter in her life begins; and
Whereas, it is appropriate for the House of Representatives to pause in its deliberations to publicly recognize and commend Helen Childers for her many years of outstanding public service to the Palmetto State and extend our warmest wishes for continued happiness and health. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, express their sincere and genuine appreciation to our good friend, Helen Childers of Richland County, on the occasion of her retirement and to offer our special thanks for her unbounded commitment and dedication to the General Assembly.
Be it further resolved that a copy of this resolution be presented to Helen Childers.
The Resolution was adopted.
The following was introduced:
H. 5169 (Word version) -- Reps. Wilkins, Haskins, Quinn, Allison, Altman, Barfield, Barrett, H. Brown, Campsen, Cato, Chellis, Cooper, Cotty, Dantzler, Davenport, Easterday, Edge, Fleming, Frye, Gilham, Hamilton, Harrell, Harrison, Hawkins, Hinson, Huggins, Keegan, Kelley, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Loftis, Lucas, Martin, McGee, McKay, Meacham-Richardson, Perry, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Simrill, D. Smith, D. C. Smith, R. Smith, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION TO EXPRESS SINCERE GRATITUDE TO LISA LACKOVIC ESKEW FOR HER EXCELLENT SERVICE AS COMMUNICATIONS DIRECTOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES REPUBLICAN CAUCUS AND TO EXTEND BEST WISHES ON THE OCCASION OF HER DEPARTURE FROM THE PALMETTO STATE TO RELOCATE IN AUSTIN, TEXAS.
Whereas, since joining the House Republican Caucus as Communications Director in March of 1999, Lisa Lackovic Eskew has been an important and efficient team player to the members of the caucus, her associates, and other staff employed by the General Assembly; and
Whereas, the peripatetic Lisa was born in Santa Barbara, California, lived in Arizona, Illinois, Kansas, and Indiana prior to her move to the Palmetto State, and prepares to make her new home in Texas; and
Whereas, in 1990, Lisa graduated from Mount Vernon College in Washington, D.C. -- earning a Bachelor of Arts Degree with a double major in U.S. Policy and Politics and International Relations. At graduation, she received departmental honors and the Award for Excellence in Political and Social Science; and
Whereas, following graduation, she joined the National Governors' Association managing the activities of the Office of the Executive Director. In recognition of Lisa's strong and savvy media relations qualities, she was promoted to serve as the association's spokesperson in the Office of Public Affairs -- a position she held from 1992 until 1995; and
Whereas, Lisa left Washington in 1995 and moved to Columbia to be nearer to her future husband, Tucker Eskew. Shortly after her arrival, she became associated with the Newman Saylor & Gregory Advertising Agency. In 1997, she was named the Coordinator of South Carolina WORKS in the Office of the Governor; and
Whereas, since taking over the duties of Communications Director of the House of Representatives Republican Caucus, Lisa's quick wit, charming persuasion, and intrepid honesty have been unsurpassed -- it is a foregone conclusion that she will immediately gain an advantage over her audience; and
Whereas, her succinct briefings have become legendary for their brevity without wasting one word or belaboring one point; and
Whereas, she and her husband, Tucker, are expecting their first child in August. We wish Lisa and new baby the best of health and all the happiness that life can bring; and
Whereas, Lisa's unyielding loyalty, masterful abilities, and infectious spirit are a personal loss to the Republican Caucus. Now, therefore,
Be it resolved by the House of Representatives:
That sincere gratitude is expressed to Lisa Lackovic Eskew for her excellent service as Communications Director of the South Carolina House of Representatives Republican Caucus and best wishes extended on the occasion of her departure from the Palmetto State to relocate in Austin, Texas.
Be it further resolved that a copy of this resolution be presented to Lisa Lackovic Eskew.
The Resolution was adopted.
The following was introduced:
H. 5170 (Word version) -- Reps. M. McLeod, G. Brown, Canty, Woodrum, J. H. Neal and Harvin: A HOUSE RESOLUTION RECOGNIZING JIM BARNARD OF SUMTER COUNTY ON HIS RETIREMENT AS STATION MANAGER OF WRJA-TV AND THANKING HIM FOR HIS PIONEERING CONTRIBUTIONS TO THE SCETV NETWORK AND THE CITIZENS OF SUMTER COUNTY.
Whereas, Jim Barnard retires June 30, 2000, from his official duties as station manager for WRJA-TV in Sumter; and
Whereas, Jim is the last of the original staff hired in 1975 to build the Sumter facility; and
Whereas, under his direction as engineering manager, the technical facilities for the Sumter station were constructed and the broadcasting equipment was purchased and installed; and
Whereas, his thirty-year plus pioneering career at SCETV has included his continuous service since 1977 as station manager of the facility he helped build, with a brief assignment in 1992 to help start up a major SCETV grant project for the United States Department of Health and Human Services; and
Whereas, among his management and programming decisions was the production by the Sumter station of the Emmy award-winning "Making it Grow" with Clemson Extension Agent Rowland Alston; and
Whereas, Jim and his wife Linda plan to enjoy retirement in the Sumter community, while Jim continues to serve SCETV as a contract engineer. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, recognize and thank Jim Barnard of Sumter County on his retirement as station manager of WRJA-TV and for his pioneering contributions to the SCETV network and the citizens of Sumter County.
Be it further resolved that a copy of this resolution be presented to Jim Barnard.
The Resolution was adopted.
The following was introduced:
H. 5171 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING THE CITY OF ANDERSON FOR RECEIVING THE ALL-AMERICA CITY AWARD FOR ITS COMMITMENT TO INITIATING COMMUNITY-DRIVEN PROJECTS THAT ENHANCE THE LIVES OF ITS CITIZENS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5172 (Word version) -- Rep. Cotty: A HOUSE RESOLUTION TO COMMEND TIMOTHY SLOAN BLACKWELL, JR., OF COLUMBIA, FOR HIS BRAVERY AND HEROIC ACTIONS IN GETTING HIS ELDERLY NEIGHBOR VERNIS CORLEY OUT OF A BURNING BUILDING BEFORE THE FIRE HIT A GAS LINE AND CAUSED A TERRIFIC EXPLOSION, AND FOR HIS HEROIC EFFORTS IN FIGHTING AND CONTAINING A FIRE THAT THREATENED TO DESTROY THE HOME OF HIS NEIGHBOR VERNIS CORLEY ON MAY 22, 2000.
The Resolution was adopted.
The following was introduced:
H. 5173 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES UPON LEARNING OF THE DEATH OF MICHAEL WESLEY BRUNSON, OF MANNING, AND TO EXTEND CONDOLENCES AND DEEPEST SYMPATHY TO THE LATE MR. BRUNSON'S FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 5174 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION RECOGNIZING THE EFFORTS OF THE LATE LEVI AND HAMMITT PEARSON OF CLARENDON COUNTY WHOSE COURAGEOUS AND UNSELFISH EFFORTS TO PROVIDE A QUALITY EDUCATION FOR THEIR CHILDREN AND ALL THE CHILDREN IN CLARENDON COUNTY CULMINATED IN THE FILING OF BRIGGS VS. ELLIOTT ON MAY 16, 1950, ONE OF FOUR LAWSUITS THAT LED TO THE LANDMARK UNITED STATES SUPREME COURT DECISION IN 1954 WHICH STRUCK DOWN THE DOCTRINE OF "SEPARATE BUT EQUAL" IN OUR NATION'S PUBLIC SCHOOL SYSTEM.
The Resolution was adopted.
The following was introduced:
H. 5175 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. C. Smith, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING MRS. MARY SHELTON WASHINGTON OF RICHLAND COUNTY ON THE OCCASION OF SECOND CALVARY BAPTIST CHURCH RECOGNIZING HER FOR HER MORE THAN FIFTY YEARS OF SERVICE AS A MEMBER OF THE WILLING HELPERS CLUB.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5176 (Word version) -- Reps. Limehouse, Haskins, H. Brown, Campsen, Davenport, Gilham, Klauber, Martin, Rodgers, Sharpe, D. C. Smith, Stille, Wilder and Wilkins: A HOUSE RESOLUTION TO CONDEMN THE RULING OF THE UNITED STATES SUPREME COURT IN ITS RECENT DECISION THAT REJECTS PRAYER IN PUBLIC SCHOOLS AND TO EXPRESS THE OUTRAGE OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THIS ACTION BY THE UNITED STATES SUPREME COURT AND ITS DETRIMENTAL IMPACT ON THE CITIZENS OF OUR STATE AND COUNTRY.
Whereas, the members of the South Carolina House of Representatives were indeed saddened to hear that the United States Supreme Court delivered its strongest rejection to prayer in public schools in nearly a decade; and
Whereas, this decision forbids invocations at school activities, even when students organize them; and
Whereas, by this six to three ruling which involved prayer at football games in Texas, it probably will prevent such rituals at graduations and other school events; and
Whereas, ruling that pre-kickoff prayers violate the First Amendment's separation of church and state, the court provided a rather severe and direct condemnation of school-sanctioned prayer. With Justice John Paul Stevens writing, "School sponsorship of a religious message is impermissible because it (tells) members of the audience who are non-adherents that they are outsiders"; and
Whereas, we, the members of the South Carolina House of Representatives, are shocked and outraged that the highest court of our land would prohibit the expression by prayer of those who chose to do so; and
Whereas, the detrimental impact of this ruling will send shock waves throughout our country and our God-fearing society; and
Whereas, it is hoped that from the reaction to the ruling that interest will be renewed in a constitutional amendment to allow school prayer. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives condemn the ruling of the United States Supreme Court in its recent decision that rejects prayer in public school and express our outrage to this action by the United States Supreme Court and its detrimental impact on the citizens of our State and country.
Be it further resolved that a copy of this resolution be forwarded to the Clerk of the United States Supreme Court.
The Resolution was adopted.
The following was introduced:
H. 5177 (Word version) -- Rep. Scott: A CONCURRENT RESOLUTION TO CONGRATULATE MR. JOHN L. SCOTT, SR. OF RICHLAND COUNTY, PRESIDENT OF J. L. SCOTT REALTY COMPANY, INC., ON THE OCCASION OF HIS SEVENTIETH BIRTHDAY ON NOVEMBER 7, 2000, AND TO RECOGNIZE HIS INVALUABLE CONTRIBUTIONS TO THE BUSINESS COMMUNITY IN RICHLAND COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5178 (Word version) -- Reps. Sheheen, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Simrill, D. C. Smith, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF HERBERT KEYSERLING OF BEAUFORT AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Whereas, the members of the General Assembly are deeply saddened to learn of the death of Dr. Herbert Keyserling of Beaufort on Monday, June 19, 2000; and
Whereas, Dr. Keyserling was the son of the late William Keyserling and Jennie Hyman Keyserling. He graduated from the College of Charleston and then the Medical University of South Carolina in 1940; and
Whereas, Dr. Keyserling was the beloved husband of our former colleague, Harriet Keyserling and the father of another colleague, Billy Keyserling of Beaufort. He is survived by a second son, Paul also of Beaufort, and two daughters, Judy Keyserling of Washington, D.C., and Beth Kramer of Charleston, and two grandchildren; and
Whereas, Dr. Keyserling was a veteran of World War II and was awarded the Silver Star. He served in the Naval Medical Corps, as well as the 1st Medical Battalion of the lst Marine Division; and
Whereas, he practiced medicine in the Lowcountry for over fifty years and was well known as Beaufort County's country doctor. He championed health care for the poor and worked diligently to extend health care to low income families in Beaufort and Jasper counties. He delivered over three thousand babies and was a family doctor in the truest sense of the phrase as he knew and treated the cousins, aunts, and other members of a patient's extended family; and
Whereas, he was the former chief of staff at Beaufort Memorial Hospital and secretary of the Lowcountry Medical Association. He served on the Penn Center board and was a member of the TB Association, the Advisory Group to the Lowcountry Council on Health, and the Beaufort Rotary Club; and
Whereas, Dr. Keyserling will be sorely missed by his family and his community. He will be forever remembered for his dedication, service, and commitment to his patients and to the community. As one of his colleagues said in his honor, "the good news is Dr. Keyserling will live forever in what he has done medically for this community"; and
Whereas, the members of the South Carolina General Assembly want Dr. Keyserling's family and many friends to know that they all are uppermost in the members' thoughts and have their deepest sympathy. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly express their profound sorrow upon the death of Herbert Keyserling of Beaufort and extend deepest sympathy to his family and many friends.
Be it further resolved that a copy of this resolution be forwarded to our dear colleague and Dr. Keyserling's widow, the Honorable Harriet Keyserling.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Cato Chellis Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Govan Harrell Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Inabinett Jennings Kelley Kennedy Kirsh Knotts Law Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Maddox Martin McCraw McGee McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, D.C. Smith, F. Smith, J. Smith, R. Stille Taylor Tripp Trotter Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, June 20.
Marion Carnell Glenn Hamilton Woodrow McKay H.B. "Chip" Limehouse Olin Phillips James Klauber Theodore Brown Larry Koon Steve Lanford Anthony Harris David Mack Bill Cotty Timothy Wilkes Lynn Seithel
LEAVE OF ABSENCE
The SPEAKER granted Rep. VAUGHN a leave of absence for the week due to illness.
The SPEAKER granted Rep. KEEGAN a leave of absence for the week due to personal reasons.
The SPEAKER granted Rep. WALKER a leave of absence for the week to attend the Lion's International Convention and to attend the Milkins Awards in Los Angeles.
The SPEAKER granted Rep. STUART a leave of absence for the day due to illness.
Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, June 1.
Announcement was made that Dr. Stephen Grant of Aiken is the Doctor of the Day for the General Assembly.
Rep. BOWERS moved to adjourn debate upon the following Bill, which was adopted:
S. 608 (Word version) -- Senators Washington, Hutto and Matthews: A BILL TO AMEND ACT 286 OF 1989, RELATING TO THE SCHOOL DISTRICTS IN HAMPTON COUNTY, SO AS TO AUTHORIZE MEMBERS OF THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 2 TO RECEIVE ONE HUNDRED DOLLARS PER MEETING FOR THEIR ATTENDANCE.
The Senate amendments to the following Bill were taken up for consideration:
H. 3927 (Word version) -- Reps. Sharpe and Knotts: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 44-96-50 RELATING TO SOLID WASTE MANAGEMENT POLICY AND GOALS, SO AS TO REVISE THE GOAL TO BE THREE AND ONE-HALF POUNDS PER DAY OF MUNICIPAL SOLID WASTE AND TO DEFINE THAT TERM; TO AMEND SECTION 44-96-60, AS AMENDED, RELATING TO THE STATE SOLID WASTE MANAGEMENT PLAN AND ANNUAL REPORT, SO AS TO REQUIRE THE SUCCESS OF MUNICIPALITIES IN ACHIEVING SOLID WASTE RECYCLING AND REDUCTION GOALS TO BE INCLUDED IN THE ANNUAL REPORT AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH PROCEDURES TO OBTAIN RECYCLING DATA; TO AMEND SECTION 44-96-80 RELATING TO COUNTY AND REGIONAL SOLID WASTE PLANS AND GOVERNMENTAL RESPONSIBILITIES, SO AS TO DELETE THE PROVISION AUTHORIZING A TEN DOLLAR FEE ON ALL SOLID WASTE GENERATED OUT OF STATE AND DISPOSED OF IN STATE; TO AMEND SECTION 44-96-110 RELATING TO THE OFFICE OF SOLID WASTE REDUCTION AND RECYCLING, SO AS TO REVISE THE DUTIES AND RESPONSIBILITIES OF THE OFFICE, INCLUDING REVISIONS TO THE SCHOOL DISTRICT RECYCLING PROJECTS; TO AMEND SECTION 44-96-120, AS AMENDED, RELATING TO THE SOLID WASTE MANAGEMENT TRUST FUND SO AS TO INCLUDE GRANTS TO PUBLIC AND PRIVATE SCHOOLS, COLLEGES, AND UNIVERSITIES FOR WASTE REDUCTION AND RECYCLING EDUCATION PROGRAM; AS PROGRAMS TO BE FUNDED BY THE TRUST FUND AND TO CHANGE THE NAME OF THE WASTE TIRE GRANT TRUST FUND AS THE WASTE TIRE TRUST FUND; TO AMEND SECTION 44-96-130 RELATING TO THE SOLID WASTE MANAGEMENT GRANT PROGRAM SO AS TO SPECIFY THE USE OF CERTAIN GRANT FUNDS AND TO REQUIRE THAT GRANTS BE MADE AVAILABLE TO LOCAL GOVERNMENTS IN NEED OF ASSISTANCE IN CARRYING OUT THEIR RESPONSIBILITIES UNDER THE SOLID WASTE POLICY AND MANAGEMENT ACT; TO AMEND SECTION 44-96-140, AS AMENDED, RELATING TO STATE GOVERNMENT RECYCLING PROGRAMS, SO AS TO REQUIRE STATE AGENCIES AND STATE INSTITUTIONS OF HIGHER LEARNING TO SUBMIT AN ANNUAL REPORT ON ITS SOURCE SEPARATION AND RECYCLING PROGRAM; TO AMEND SECTION 44-96-150 RELATING TO DISPOSAL OF PACKAGING AND PLASTICS, SO AS TO AUTHORIZE A MANUFACTURER OR DISTRIBUTOR OF PLASTIC RESIN CONTAINERS TO ADOPT A LABELING CODE THAT WILL ASSIST IN SEGREGATION AND COLLECTION OF THAT RESIN FOR RECYCLING; TO AMEND SECTION 44-96-160, AS AMENDED, RELATING TO DISPOSAL OF USED OIL, SO AS TO ALSO PROHIBIT DISPOSING OF USED OIL FILTERS IN LANDFILLS UNLESS THE FILTER HAS BEEN REDUCED IN VOLUME, TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO DISPOSAL OF WASTE TIRES, SO AS TO REVISE TIPPING FEES ON WASTE TIRES, TO REVISE WHERE WASTE TIRES MAY BE DISPOSED OF, TO ESTABLISH STATE POLICY FOR MANAGEMENT OF WASTE TIRES, TO REVISE PROCEDURES FOR OBTAINING REFUNDS FOR DELIVERY OF WASTE TIRES TO PERMITTED OR APPROVED FACILITIES; TO REVISE THE PURPOSES FOR WASTE TIRE GRANTS, AND TO AUTHORIZE THE DEPARTMENT TO REQUIRE CERTAIN TIRE HAULERS, PROCESSORS, AND FACILITIES TO COMPLY WITH RECORDKEEPING AND REPORTING REQUIREMENTS; TO AMEND SECTION 44-96-180, AS AMENDED, RELATING TO DISPOSAL OF LEAD-ACID BATTERIES, SO AS TO REQUIRE PERSONS SELLING THESE BATTERIES TO POST NOTICE CONCERNING DISPOSAL REQUIREMENTS IN A PLACE VISIBLE TO CUSTOMERS; TO AMEND SECTION 44-96-290, AS AMENDED, RELATING TO PERMITTING A SOLID WASTE MANAGEMENT FACILITY, SO AS TO DELETE PROVISIONS RELATING TO PERMITTING A NEW OR AN EXPANSION OF AN EXISTING SOLID WASTE MANAGEMENT FACILITY AND TO REQUIRE PUBLIC NOTICE WHEN A PERMIT IS SOUGHT FOR A NEW OR EXPANSION OF AN EXISTING MUNICIPAL SOLID WASTE LANDFILL; TO AMEND SECTION 44-96-350 RELATING TO MINIMUM REQUIREMENTS FOR THE MANAGEMENT OF MUNICIPAL SOLID WASTE INCINERATOR ASH, SO AS TO REVISE THE REQUIREMENTS FOR THE DISPOSAL OF THIS ASH IN A SOLID WASTE LANDFILL; TO AMEND SECTION 44-96-470 RELATING TO FACILITY ISSUES NEGOTIATION PROCESS, SO AS TO DEFINE THE TERM "AFFECTED COUNTY" AND TO REVISE THE APPLICATION PROCEDURES FOR SOLID WASTE DISPOSAL FACILITY PERMITS; AND TO REPEAL SECTION 44-96-230 RELATING TO THE STATE RECYCLING SYMBOL.
Rep. SHARPE proposed the following Amendment No. 1A (Doc Name COUNCIL\NBD\AMEND\12216AC00), which was adopted:
Amend the bill, as and if amended, Section 44-96-165 page 31, line 11 by deleting /(A)/ and by deleting subsections (B) and (C) on lines 23-39.
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHARPE explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration:
H. 4751 (Word version) -- Reps. Fleming, Allison, Altman, Cooper, Davenport, Keegan, Kelley, Koon, Lanford, Martin and Riser: A BILL TO AMEND SECTION 7-13-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLITICAL ACTIVITY OF MEMBERS OF LOCAL ELECTION COMMISSIONS, SO AS TO CLARIFY THAT A PERSON MAY PARTICIPATE ONLY IN THE POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN OVER WHICH THE PERSON HAS NO JURISDICTION.
Rep. FLEMING explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. SHARPE moved that the House recede until 2:30 p.m., which was agreed to.
At 2:30 p.m. the House resumed, Acting Speaker WITHERSPOON in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following was received from the Senate:
Columbia, S.C., June 20, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 1291:
S. 1291 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 62-5-433, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR SETTLEMENT OF CLAIMS IN FAVOR OF OR AGAINST MINORS OR INCAPACITATED PERSONS, SO AS TO PROVIDE THAT FOR SETTLEMENT OF CLAIMS IN AN AMOUNT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH THE CIRCUIT COURT; AND FOR CLAIMS NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH EITHER THE CIRCUIT COURT OR THE PROBATE COURT.
and asks for a Committee of Conference and has appointed Senators HAYES, MARTIN and HUTTO of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. CAMPSEN, EASTERDAY and DELLENEY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., June 20, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 320:
S. 320 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 50-13-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO TAKE CERTAIN LARGE-MOUTH BASS IN LAKE ROBINSON, SO AS TO PROVIDE THAT IT IS ALSO UNLAWFUL TO TAKE CERTAIN LARGE-MOUTH BASS IN SPECIFIED PORTIONS OF LAKE WYLIE AND THE SAVANNAH RIVER SUBJECT TO THE JURISDICTION OF THE STATE OF SOUTH CAROLINA.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. LAW moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
H. 3693 (Word version) -- Reps. J. Smith, Lourie and W. McLeod: 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 PROVIDE FOR ADDITIONAL DEFINITIONS, TO PROVIDE THAT A 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, AND TO REVISE THE METHOD BY WHICH THE CALLED PARTY'S NAME MAY BE DELETED FROM THE SOLICITOR'S CALLING LIST.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bales Barfield Barrett Battle Brown, H. Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Easterday Emory Frye Gamble Gilham Gourdine Govan Harris Harrison Haskins Hawkins Hayes Hines, M. Hinson Hosey Huggins Inabinett Jennings Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Littlejohn Lloyd Lourie Lucas Maddox Martin McCraw McGee McKay McLeod, M. McLeod, W. Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Neilson Ott Phillips Rhoad Rice Riser Rodgers Rutherford Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, D.C. Smith, J. Smith, R. Stille Taylor Tripp Trotter Webb Whatley Wilder Witherspoon Woodrum
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. LAW, TROTTER and CANTY to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3693 (Word version) -- Reps. J. Smith, Lourie and W. McLeod: 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 PROVIDE FOR ADDITIONAL DEFINITIONS, TO PROVIDE THAT A 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, AND TO REVISE THE METHOD BY WHICH THE CALLED PARTY'S NAME MAY BE DELETED FROM THE SOLICITOR'S CALLING LIST.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 16-17-445 of the 1976 Code is amended to read:
"Section 16-17-445. (A) As used in this section:
(1) 'Consumer telephone call' means a call made by a telephone solicitor for the purpose of soliciting a sale of any consumer goods or services to the person called, or for the purpose of soliciting an extension of credit for consumer goods or services to the person called, or for the purpose of obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services to the person called or an extension of credit for these purposes.
(2) 'Consumer goods or services' means any tangible personal property which is normally used for personal, family, financial, or household purposes, including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed, as well as cemetery lots and interests in vacation timesharing plans or vacation ownership plans and any services related to this property. Services sold by institutions licensed and regulated under Title 38 are not consumer goods or services for purposes of this section.
(3) 'Prize promotion' means:
(a) a sweepstakes or other game of chance; or
(b) an oral or written representation that a person has won, has been selected to receive, or may be eligible to receive a prize or purported prize.
(4) 'Unsolicited consumer telephone call' means a consumer telephone call other than a call made:
(a) in response to an express request of the person called;
(b) primarily in connection with an existing debt or contract, payment, or performance of which has not been completed at the time of the call; or
(c) to any a person with whom the telephone solicitor has an existing business relationship or has had a previous business relationship.
(4)(5) 'Telephone solicitor' means any an individual, firm or organization, partnership, association, or corporation who makes or causes to be made a consumer telephone call.
(5)(6) 'Department' means the Department of Consumer Affairs.
(B) Any A telephone solicitor who makes an unsolicited consumer telephone call shall: must
(1) identify himself and the business on whose behalf he is soliciting immediately upon making contact by telephone with the person who is the object of the telephone solicitation; and
(2) within thirty seconds after beginning the conversation state the purpose of the call, allow the person called the opportunity to respond, and if the response is negative discontinue the call; and
disclose promptly and in a clear conspicuous manner to the person receiving the call, the following information:
(1) the identity of the seller;
(2) that the purpose of the call is to sell goods or services;
(3) the nature of the goods or services;
(4) that no purchase or payment is necessary to be able to win a prize or participate in a prize promotion if a prize promotion is offered. This disclosure must be made before or in conjunction with the description of the prize to the person called. If requested by that person, the telemarketer must disclose the no purchase/no payment entry method for the prize promotion; and
(5) remove the called party's name and telephone number from in-house calling lists if the called party asks the solicitor, whether verbally or in writing, not to call again. If the called party prefers to make his request in writing, then the telephone solicitor must immediately provide the called party with the appropriate address to send and make effective his written request to be removed from the in-house calling lists.
(C) Unsolicited consumer telephone calls are prohibited after nine o'clock p.m. or before eight o'clock a.m. on any day.
(D) Unsolicited calls must disclose to the buyer at the time of solicitations:
(1) cost of merchandise or method of estimation;
(2) payment plan; and
(3) extra or special charges such as shipping, handling, and taxes.
(E) Every telephone solicitor operating in this State who makes unsolicited consumer telephone calls shall implement in-house systems and procedures whereby every effort is made not to call subscribers who ask not to be called again. The department has the authority to monitor compliance with this provision. A person or his agent having who has an interest in a vacation ownership plan or vacation timesharing plan may have the unit telephone number removed from a solicitor's in-house calling lists by sending written notification to the solicitor.
(F) The department shall investigate any complaints received concerning violations of this section. If the department finds that there has been a violation of this section, it may impose a civil penalty not to exceed one hundred dollars for a first violation, two hundred dollars for a second violation, and one thousand dollars for a third or subsequent violation, and may seek other relief, including injunctive relief, as the court considers appropriate against the telephone solicitor. In addition, any a person violating who violates the provisions of this section is guilty of a misdemeanor and, upon conviction for a first or second offense, must be fined not more than two hundred dollars or imprisoned for not more than thirty days, and for a third or subsequent offense must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. Each violation constitutes a separate offense for purposes of the civil and criminal penalties of in this section.
(G) Telephone companies are not responsible for the enforcement of the provisions of this section, and are not liable for any error or omission in the listings made pursuant hereto to this section."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to read:
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 REVISE CERTAIN DEFINITIONS AND TO PROVIDE ADDITIONAL DEFINITIONS, TO PROVIDE THAT A 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, AND TO REVISE THE METHOD BY WHICH THE CALLED PARTY'S NAME MAY BE DELETED FROM THE SOLICITOR'S CALLING LIST.
/s/The Honorable Edward E. Saleeby /s/The Honorable James N. Law /s/ The Honorable Thomas Moore /s/The Honorable Teddy Trotter The Honorable Maggie W. Glover The Honorable Ralph W. Canty On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. BOWERS moved to adjourn debate upon the following Bill, which was adopted:
S. 608 (Word version) -- Senators Washington, Hutto and Matthews: A BILL TO AMEND ACT 286 OF 1989, RELATING TO THE SCHOOL DISTRICTS IN HAMPTON COUNTY, SO AS TO AUTHORIZE MEMBERS OF THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 2 TO RECEIVE ONE HUNDRED DOLLARS PER MEETING FOR THEIR ATTENDANCE.
Rep. EASTERDAY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
S. 1012 (Word version) -- Senators J. V. Smith, Fair and Anderson: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO INCREASE FROM TWENTY-FIVE HUNDRED TO TEN THOUSAND THE MAXIMUM NUMBER OF SIGNATURES REQUIRED TO INITIATE THE REFERENDUM, TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM WITHIN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BE USED, TO REQUIRE THE ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN THIRTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED AT THE NEXT GENERAL ELECTION.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bailey Bales Barfield Barrett Bowers Brown, H. Brown, T. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Hamilton Harris Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Hosey Inabinett Knotts Koon Leach Limehouse Littlejohn Lloyd Loftis Lourie Maddox McCraw McGee McKay McLeod, M. McLeod, W. Meacham-Richardson Miller Neal, J.M. Neilson Ott Parks Perry Phillips Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, D.C. Smith, F. Smith, R. Stille Taylor Trotter Whatley Wilder Wilkes Wilkins Witherspoon Woodrum
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. EASTERDAY, F. SMITH and SCOTT to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 1012 (Word version) -- Senators J. V. Smith, Fair and Anderson: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO INCREASE FROM TWENTY-FIVE HUNDRED TO TEN THOUSAND THE MAXIMUM NUMBER OF SIGNATURES REQUIRED TO INITIATE THE REFERENDUM, TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM WITHIN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BE USED, TO REQUIRE THE ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN THIRTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED AT THE NEXT GENERAL ELECTION.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 61-6-2010 of the 1976 Code is amended to read:
"Section 61-6-2010. (A) In addition to the provisions of Section 61-6-2000, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The department must also offer the option of an annual fifty-two week temporary permit for a non-refundable fee of three thousand dollars per year. However, the optional fifty-two week permit must not extend beyond the expiration date of the biennial license issued pursuant to this chapter. If the expiration date is less than fifty-two weeks from the date of the application for the optional fifty-two week permit, the department must prorate the three thousand dollar fee on a monthly basis. The department in its sole discretion shall specify the terms and conditions of the permit.
(B)(1) The filing and permit fees must be distributed to the municipality or county in which the retailer who paid the fee is located. The revenue may be used only by the municipality or county for the following purposes:
(a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;
(b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5);
(c) festivals which have a demonstrable and significant impact on tourism;
(d) local youth mentor programs to serve juvenile offenders under the jurisdiction of the family court;
(e) contributions to matching funds necessary for a local government or entity to receive funding from the Legacy Trust Fund pursuant to Chapter 22 of Title 51;
(f) contributions to a redevelopment authority pursuant to Section 31-12-10, et seq.
(g) acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle paths; land protecting existing and future; public water supply, well fields, highway buffering and aquifer recharge areas; and land for wildlife preserves; and land for future public recreational facilities;
(h) nourishment, renourishment (resanding), and maintenance of beaches;
(i) dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system;
(j) maintenance of public beach access;
(k) capital improvements to the beaches and beach-related facilities, such as public parking areas for beach access; dune walkovers and rest room facilities, with or without changing rooms, at public beach parks; and
(l) construction and maintenance of drainage systems.
(2) The revenue may not be used for operating expenses of tourism-related buildings.
(C)(1) Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than twenty-five seven thousand five hundred qualified electors of the county or municipality, as the case may be, in not less than thirty nor more than forty days after receiving the petition. The petition form must be submitted to the election commission not less than one hundred twenty days before the date of the referendum. The names on the petition must be on the petition form provided to county election officials by the State Election Commission. The names on the petition must be certified by the election commission within sixty days after receiving the petition form. The referendum must be conducted at the next general election. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue. The question on the ballot shall read substantially as follows:
'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'
(2) A referendum for this purpose may not be held more often than once in forty-eight months.
(3) The expenses of any such referendum must be paid by the county or municipality conducting the referendum."
SECTION 2. If any section, subsection, or subitem of this act is held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/J. Verne Smith /s/John L. Scott, Jr. /s/Robert W. Hayes, Jr. /s/Michael E. Easterday Michael L. Fair /s/Fletcher Nathaniel Smith, Jr. On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4003 (Word version) -- Reps. Allen, Martin, Knotts, Rhoad, Simrill, J. Smith, Allison, Altman, Bailey, Bales, Barrett, Battle, Carnell, Clyburn, Cooper, Davenport, Emory, Gamble, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Inabinett, Keegan, Kelley, Kirsh, Law, Lee, Lloyd, Littlejohn, Lourie, Maddox, Mason, McCraw, McGee, McKay, W. McLeod, Meacham-Richardson, Miller, Ott, Phillips, Pinckney, Rodgers, Rutherford, Sandifer, R. Smith, Stille, Stuart, Taylor, Townsend, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon, Young-Brickell and Robinson: A BILL TO AMEND SECTION 20-7-8510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE, RELEASE, AND CONFIDENTIALITY OF JUVENILE RECORDS PURSUANT TO THE JUVENILE JUSTICE CODE, SO AS TO AUTHORIZE RELEASE OF INFORMATION AMONG THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, THE ATTORNEY GENERAL AND OTHER LAW ENFORCEMENT AGENCIES; TO AUTHORIZE THE TRANSMISSION OF RECORDS OF ADJUDICATION AND PENDING CRIMINAL CASES TO A SCHOOL OFFICIAL IF THE JUVENILE IS OR MAY BE A STUDENT AT THE SCHOOL; TO AUTHORIZE FINGERPRINTING OF A JUVENILE CHARGED WITH AN OFFENSE OTHER THAN A STATUS OFFENSE; AND TO AUTHORIZE SHARING OF CERTAIN INFORMATION BETWEEN THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, AND LAW ENFORCEMENT AGENCIES AND VARIOUS HUMAN SERVICES AGENCIES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 20-7-6605 of the 1976 Code is amended to read:
"Section 20-7-6605. When used in this article and unless otherwise defined or the specific context indicates otherwise:
(1) 'Child' means a person less than seventeen years of age. 'Child' does not mean a person sixteen years of age or older who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more. However, a person sixteen years of age who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more may be remanded to the family court for disposition of the charge at the discretion of the solicitor. An additional or accompanying charge associated with the charges contained in this item must be heard by the court with jurisdiction over the offenses contained in this item.
(2) 'Court' means the family court.
(3) 'Department' means the Department of Juvenile Justice.
(4) 'Guardian' means a person who legally has the care and management of a child.
(5) 'Judge' means the judge of the family court.
(6) 'Parent' means biological parent, adoptive parents, step-parent, or person with legal custody.
(7) 'Parole board' means the Board of Juvenile Parole under the Department of Juvenile Justice.
(8) 'Status offense' means an offense which would not be a misdemeanor or felony if committed by an adult including, but not limited to, incorrigibility or beyond the control of parents, truancy, running away, playing or loitering in a billiard room, playing a pinball machine, or gaining admission to a theater by false identification.
(9) 'Criminal justice purpose' means:
(a) the performance of any activity directly involving the detection, apprehension, capture from escape or elopement, detention, pretrial release, post-trial release, prosecution, adjudication, supervision, or rehabilitation of accused or adjudicated persons or criminal offenders; or
(b) the collection, storage, and dissemination of child offense history records."
SECTION 2. Section 20-7-7205(C) of the 1976 Code, as added by Act 383 of 1996, is amended to read:
"(C) When a child is taken into custody charged by a law enforcement officer for an offense which would be a misdemeanor or felony if committed by an adult, not including a traffic or wildlife violation over which courts other than the family court have concurrent jurisdiction as provided in Section 20-7-410, the law enforcement officer also shall notify the principal of the school in which the child is enrolled, if any, of the nature of the offense. This information may be used by the principal for monitoring and supervisory purposes but otherwise must be kept confidential by the principal in the same manner required by Section 20-7-8510(E)."
SECTION 3. Section 20-7-8505 of the 1976 Code is amended to read:
"Section 20-7-8505. Records and information of the department pertaining to juveniles shall be confidential as provided in Section 20-7-8510; provided, however, that where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the director must establish policies by which the department may transmit such information and records to another department or agency of state or local government, a school district, or a private institution or facility licensed by the State as a child-serving organization, where such is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. Records and information provided to a public or private school by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole and Pardon Services must include in the case of an individual who has been adjudicated for having committed a violent crime as defined in Section 16-1-60, for a crime in which a weapon as defined in Section 59-63-370 was used, for assault and battery against school personnel, as defined in Section 16-3-612, assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44, notice as set forth in Section 59-63-370. The person's juvenile criminal record must be provided by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole and Pardon Services to the principal of any school to which the person is seeking enrollment, upon the principal's request. Each school district is responsible for developing a policy for schools to follow within the district which ensures that the confidential nature of these records and of the other information received is maintained. This policy must include at a minimum the retention of the juvenile's criminal record, and other information relating to his criminal record, in the juvenile's school disciplinary file, or in some other confidential location, restricting access to the file and to its contents to school personnel as deemed necessary and appropriate to meet and adequately address the educational needs of the juvenile and for the destruction of these records upon the juvenile's completion of secondary school, or upon reaching twenty-one years of age. The court shall make and keep records of all cases brought before it. The records of the court are confidential and open to inspection only by court order to persons having a legitimate interest in the records and to the extent necessary to respond to that legitimate interest. These records must always be available to the legal counsel of the child and are open to inspection without a court order where the records are necessary to defend against an action initiated by a child."
SECTION 4. Section 20-7-8510 of the 1976 Code is amended to read:
"Section 20-7-8510. (A) The court shall make and keep records of all cases brought before it and shall devise and cause to be printed forms for social and legal records and other papers as may be required. The official juvenile records of the courts and the Department of Juvenile Justice are open to inspection only by consent of the judge to persons having a legitimate interest but always must be available to the legal counsel of the juvenile. Except as provided in subsection (B) herein, all information obtained and social records prepared in the discharge of official duty by an employee of the court or Department of Juvenile Justice department are confidential and must not be disclosed directly or indirectly to anyone, other than the judge, the child's attorney, or others entitled under this article or any other article to receive this information, unless otherwise ordered by the judge court. The court may order the records be disclosed to a person having a legitimate interest and to the extent necessary to respond to that legitimate interest. However, these records are open to inspection without the consent of the judge a court order where the records are necessary to defend against an action initiated by a juvenile child.
(B) The Department of Juvenile Justice, if requested, shall provide the victim of a crime with the name and other basic descriptive information about the juvenile charged with the crime and with information about the juvenile justice system, the status and disposition of the delinquency action including hearing dates, times, and locations, and services available to victims of juvenile crime. The name, identity, or picture of a child under the jurisdiction of the court, pursuant to this chapter, must not be provided to or made public by a newspaper or radio or television station except as authorized by order of the court or unless the juvenile has been bound over to a court which would have trial jurisdiction of the offense if committed by an adult or the juvenile has been adjudicated delinquent in family court for:
(1) a violent crime as defined in Section 16-1-60;
(2) grand larceny of a motor vehicle;
(3) a crime in which a deadly weapon was used; or
(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44.
The director of the department must develop policies providing for the transmission of necessary and appropriate information to ensure the provision and coordination of services or assistance to a child under the custody or supervision of the department. This information must include that which is required for the admission or enrollment of a child into a program of services, treatment, training, or education. The information may be provided to another department or agency of state or local government, a school district, or a private institution or facility licensed by the State as a child-serving organization. This information may be summarized in accordance with agency policy.
(C) A juvenile charged with committing an offense must be fingerprinted by the law enforcement agency who takes the juvenile into custody if the juvenile is charged with:
(1) a violent crime as defined in Section 16-1-60;
(2) rand larceny of a motor vehicle;
(3) crime in which a weapon was used; or
(4) istribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44.
In addition, a juvenile under criminal investigation may be fingerprinted by a law enforcement agency upon an order from a family court judge for the offenses enumerated above.
A juvenile under criminal investigation or charged with committing an offense other than those enumerated above in this subsection or a status offense may not be fingerprinted by law enforcement except upon order of a family court judge. The fingerprint records of a juvenile must be kept separate from the fingerprint records of adults. The fingerprint records of a juvenile must be transmitted to the files of the State Law Enforcement Division. The fingerprint records of a juvenile must not be transmitted to the files of the Federal Bureau of Investigation or otherwise distributed or provided to another law enforcement agency unless the juvenile is adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60, for grand larceny of a motor vehicle, for a crime in which a weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44. The fingerprint records of a juvenile who is not adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60 for grand larceny of a motor vehicle, for a crime in which a weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44, upon notification to law enforcement, must be destroyed or otherwise expunged by the South Carolina Law Enforcement Division and the law enforcement agency who took the juvenile into custody.
The fingerprints and any record created by the South Carolina Law Enforcement Division as a result of the receipt of fingerprints of a juvenile pursuant to this subsection must not be disclosed for any purpose not specifically authorized by law or by a court order. The fingerprints of a juvenile adjudicated as delinquent for the commission of any of these crimes and any record created as a result of such information must be made available for criminal justice purposes. For the purposes of this section, "criminal justice purposes" means the performance of any activity directly involving the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused or convicted persons or criminal offenders, or the collection, storage, and dissemination of criminal history record information.
The Department of Juvenile Justice may fingerprint and photograph a juvenile upon the filing of a petition, release from detention, release on house arrest, or commitment to a juvenile correctional institution. Fingerprints and photographs taken by the department remain confidential and must not be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for the purpose of aiding the department in apprehending an escapee from the department, assisting the Missing Persons Information Center in the location or identification of a missing or runaway child, in locating and identifying a child who fails to appear in court as summoned or who is the subject of a house arrest order, or except as otherwise provided in this section.
The director is authorized to enter into interagency agreements for purposes of sharing information about children under the supervision or in the custody of the department. The agencies entering into these agreements must maintain the confidentiality of the information.
(D) Law enforcement agencies shall maintain admission and release records on juveniles held in either secure or nonsecure custody, or both, which must include the times and dates of admission and release from secure and nonsecure custody and, if appropriate, the times and dates of transfer from one custody status to another.
Reports and recommendations produced by the department for the court for the purpose of a dispositional hearing must be disseminated by the agency to the court, the solicitor, and the child's attorney.
(E) Peace officers' records of children must be kept separate from records of adults, must not be open to public inspection, and may be open to inspection only by governmental agencies authorized by the judge.
(1) The department must notify the principal of a school in which a child is enrolled, intends to be enrolled, or was last enrolled upon final disposition of a case in which the child is charged with any of the following offenses:
(a) a violent crime, as defined in Section 16-1-60;
(b) a crime in which a weapon, as defined in Section 59-63-370, was used;
(c) assault and battery against school personnel, as defined in Section 16-3-612;
(d) assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity; or
(e) distribution or trafficking in unlawful drugs, as defined in Article 3, Chapter 53 of Title 44.
(2) Each school district is responsible for developing a policy for schools within the district to follow to ensure that the confidential nature of a child offense history and other information received is maintained. This policy must provide for, but is not limited to:
(a) the retention of the child offense history and other information relating to the child offense history in the child's school disciplinary file or in some other confidential location;
(b) the destruction of the child offense history upon the child's completion of secondary school or upon reaching twenty-one years of age; and
(c) limiting access to the child's school disciplinary file to school personnel. This access must only occur when necessary and appropriate to meet and adequately address the educational needs of the child.
(F) The provisions of this section do not prohibit the distribution of information pursuant to the provisions of Article 7, Chapter 3 of Title 23. When requested, the department must provide the victim of a crime with the name of the child and the following information retained by the department concerning the child charged with the crime:
(1) other basic descriptive information, including but not limited to, a photograph;
(2) information about the juvenile justice system;
(3) the status and disposition of the delinquency action including hearing dates, times, and locations;
(4) services available to victims of child crime; and
(5) recommendations produced by the department for the court for the purpose of a dispositional hearing.
(G) The department or the South Carolina Law Enforcement Division, or both, must provide to the Attorney General, a solicitor, or a law enforcement agency, upon request, a copy of a child offense history for criminal justice purposes. This information must not be disseminated except as authorized in Section 20-7-8515. The department and the South Carolina Law Enforcement Division must maintain the child offense history of a person for the same period as for offenses committed by an adult.
(H) Other information retained by the department may be provided to the Attorney General, a solicitor, or a law enforcement agency pursuant to an ongoing criminal investigation or prosecution.
(I) The department may fingerprint and photograph a child upon the filing of a petition, release from detention, release on house arrest, or commitment to a juvenile correctional institution. Fingerprints and photographs taken by the department remain confidential and must not be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for the purpose of:
(1) aiding the department in apprehending an escapee from the department;
(2) assisting the Missing Persons Information Center in the location or identification of a missing or runaway child;
(3) locating and identifying a child who fails to appear in court as summoned;
(4) locating a child who is the subject of a house arrest order; or
(5) as otherwise provided in this section.
(J) Nothing in this section shall be construed to waive any statutory or common law privileges attached to the department's internal reports or to information contained in the file of a child under the supervision or custody of the department."
SECTION 5. Section 20-7-8515 of the 1976 Code is amended to read:
"Section 20-7-8515. Notwithstanding the right of a person to petition the family court pursuant to Section 20-7-8510 for the release of a person's record of juvenile adjudications, upon the request of the Attorney General, a circuit solicitor, or a law enforcement officer which is made pursuant to a current criminal investigation or prosecution, the South Carolina Law Enforcement Division or the Department of Juvenile Justice, or both if requested, shall provide the requesting party with a copy of the juvenile criminal record of a person adjudicated as a juvenile for the commission of a crime. This information shall not be disseminated except as authorized in Section 20-7-8510. The juvenile record of a person must be maintained by the South Carolina Law Enforcement Division and the Department of Juvenile Justice for the same period as for offenses committed by an adult.
(A) Except as provided herein, law enforcement records and information identifying children pursuant to this article are confidential and may not be disclosed directly or indirectly to anyone, other than those entitled under this article to receive the information.
(B) Law enforcement records of children must be kept separate from records of adults. Information identifying a child must not be open to public inspection, but the remainder of these records are public records.
(C) Law enforcement agencies must maintain admission and release records on children held in secure custody, nonsecure custody, or both. The records must include the times and dates of admission and release from secure and nonsecure custody and, if appropriate, the times and dates of transfer from one custody status to another.
(D) Law enforcement information or records of children created pursuant to the provisions of this article may be shared among law enforcement agencies, solicitors' offices, the Attorney General, the department, the Department of Mental Health, the Department of Corrections, and the Department of Probation, Parole and Pardon Services for criminal justice purposes without a court order.
(E) Incident reports in which a child is the subject are to be provided to the victim of a crime pursuant to Section 16-3-1520. Incident reports, including information identifying a child, must be provided by law enforcement to the principal of the school in which the child is enrolled when the child has been charged with any of the following offenses:
(1) a violent crime, as defined in Section 16-1-60;
(2) an offense that would carry a maximum term of imprisonment of fifteen years or more if committed by an adult;
(3) a crime in which a weapon, as defined in Section 59-63-370, was used;
(4) assault and battery against school personnel, as defined in Section 16-3-612;
(5) assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity; or
(6) distribution or trafficking in unlawful drugs, as defined in Article 3, Chapter 53 of Title 44.
Incident reports involving other offenses must be provided upon request of the principal. This information must be maintained by the principal in the manner set forth in Section 20-7-8510(E) and must be forwarded with the child's permanent school records if the child transfers to another school or school district.
(F) A child charged with any offense may be photographed by the law enforcement agency that takes the child into custody. If the child is taken into secure custody and detained, the detention facility must photograph the child upon admission. These photographs may only be disseminated for criminal justice purposes or to assist the Missing Persons Information Center in the location or identification of a missing or runaway child.
(G) A child charged with an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult must be fingerprinted by the law enforcement agency that takes the child into custody. If the child is taken into secure custody and detained, the detention facility must fingerprint the child upon admission. In addition, a law enforcement agency may petition the court for an order to fingerprint a child when:
(1) the child is charged with any other offense; or
(2) the law enforcement agency has probable cause to suspect the child of committing any offense.
(H) The fingerprint records of a child must be kept separate from the fingerprint records of adults. The fingerprint records of a child must be transmitted to the files of the State Law Enforcement Division.
(I) The fingerprint records of a child may be transmitted by the State Law Enforcement Division to the files of the Federal Bureau of Investigation only when the child has been adjudicated delinquent for having committed an offense that would carry a maximum term of imprisonment of five years or more_if committed by an adult.
(J) The fingerprint records of a child adjudicated delinquent for an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult must be provided by the State Law Enforcement Division or the law enforcement agency who took the child into custody to a law enforcement agency upon request by that agency for criminal justice purposes or to assist the Missing Person Information Center in the location or identification of a missing or runaway child.
(K) The fingerprints and any record created by the South Carolina Law Enforcement Division as a result of the receipt of fingerprints of a child pursuant to this section must not be disclosed for any purpose not specifically authorized by law or court order.
(L) Upon notification that a child has not been adjudicated delinquent for an offense that would carry a maximum term of imprisonment of five years or more_if committed by an adult, the South Carolina Law Enforcement Division and the law enforcement agency who took the child into custody must destroy the fingerprints and all records created as a result of such information."
SECTION 6. Section 20-7-8520 of the 1976 Code is amended to read:
"Section 20-7-8520. (A) A juvenile not previously adjudicated delinquent for committing an offense which would have been a crime if committed by an adult, who has been taken into custody, charged with or adjudicated delinquent for having committed a status offense or a nonviolent criminal offense may petition the family court for an order destroying all official records relating to being taken into custody, the charges filed against the juvenile, the adjudication, and disposition. The granting of the order is discretionary with the court. However, the court may not grant the order unless it finds that the person who is seeking to have the records destroyed is at least eighteen years of age, has fully and successfully completed any dispositional sentence imposed, and has neither been charged nor is currently charged with committing any additional criminal offenses. The name, identity, or picture of a child under the jurisdiction of the court, pursuant to this chapter, must not be provided to a newspaper or radio or television station unless:
(1) authorized by court order;
(2) the solicitor has petitioned the court to waive the child to circuit court;
(3) the child has been bound over to a court which would have jurisdiction of the offense if committed by an adult; or
(4) the child has been adjudicated delinquent in court for one of the following offenses:
(a) a violent crime, as defined in Section 16-1-60;
(b) grand larceny of a motor vehicle;
(c) a crime in which a weapon, as defined in Section 59-63-370, was used; or
(d) distribution or trafficking in unlawful drugs, as defined in Article 3, Chapter 53 of Title 44.
(B) Under no circumstances is a person allowed to expunge from the record an adjudication for having committed a violent crime, as that term is defined in Section 16-1-60. When a child is bound over to the jurisdiction of the circuit court, the provisions of this section pertaining to the confidentiality of fingerprints and identity do not apply.
(C) If the order is granted by the court, no evidence of the records may be retained by any law enforcement agency or by any municipal, county, or state agency or department. The effect of the order is to restore the person in the contemplation of the law to the status the person occupied before being taken into custody. No person to whom the order has been entered may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving false statement by reason of failing to recite or acknowledge the charge or adjudication in response to an inquiry made of the person for any purpose. The provisions of this section do not prohibit the distribution of information pursuant to the provisions of Article 7, Chapter 3 of Title 23.
(D) For purposes of this section, an adjudication is considered a previous adjudication only if it occurred prior to the date the subsequent offense was committed."
SECTION 7. Chapter 7 of Title 20 is amended by adding:
"Section 20-7-8525. (A) A person who has been taken into custody for, charged with, or adjudicated delinquent for having committed a status or a nonviolent offense may petition the court for an order destroying all official records relating to:
(1) being taken into custody;
(2) the charges filed against the child;
(3) the adjudication; and
(4) disposition.
The granting of the order is in the court's discretion. However, a person may not petition the court if he has a prior adjudication for an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult. In addition, the court must not grant the order unless it finds that the person who is seeking to have the records destroyed is at least eighteen years of age, has successfully completed any dispositional sentence imposed, and has not been subsequently charged with any criminal offense.
(B) An adjudication for a violent crime, as defined in Section 16-1-60, must not be expunged.
(C) If the expungement order is granted by the court, no evidence of the records may be retained by any law enforcement agency or by any municipal, county, state agency, or department. The effect of the order is to restore the person in the contemplation of the law to the status the person occupied before being taken into custody. No person to whom the order has been entered may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving false statement by reason of failing to recite or acknowledge the charge or adjudication in response to an inquiry made of the person for any purpose.
(D) For purposes of this section, an adjudication is considered a previous adjudication only if it occurred prior to the date the subsequent offense was committed."
SECTION 8. Chapter 9, Title 24 of the 1976 Code is amended by adding:
"Section 24-9-50. (A) Each local governmental entity responsible for a municipal, county, regional, or multijurisdictional detention facility shall report to the Department of Corrections, at the times and in the form required by the department, data and information prescribed by the department:
(1) for the classification and management of inmates who receive sentences greater than three months; and
(2) on the classification and management of inmates who are in pretrial status and inmates who receive sentences to be served locally.
(B) Data and information authorized in the Minimum Standards for Local Detention Facilities in South Carolina for the operation and management of a statewide jail information system shall be reported to the department by each local governmental entity.
(C) To the greatest extent possible, reports should be submitted through a means of electronic data transfer approved by the department. If it is not possible for a local governmental entity to submit reports through the approved means of electronic data transfer, it shall certify such to the department. The department and the respective local governmental entity shall determine a suitable alternative means for submission of reports until such time as the local governmental entity is able to electronically transfer data in the manner approved by the department."
SECTION 9. This act takes effect upon approval by the Governor. /
Amend title to conform.
James E. Bryan, Jr. Douglas Jennings, Jr. Robert L. Waldrep, Jr. John Milton "Jake" Knotts, Jr. C. Bradley Hutto Chuck Allen On Part of the Senate. On Part of the House.
Rep. KNOTTS explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received from the Senate:
Columbia, S.C., June 20, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3927:
H. 3927 (Word version) -- Reps. Sharpe and Knotts: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 44-96-50 RELATING TO SOLID WASTE MANAGEMENT POLICY AND GOALS, SO AS TO REVISE THE GOAL TO BE THREE AND ONE-HALF POUNDS PER DAY OF MUNICIPAL SOLID WASTE AND TO DEFINE THAT TERM; TO AMEND SECTION 44-96-60, AS AMENDED, RELATING TO THE STATE SOLID WASTE MANAGEMENT PLAN AND ANNUAL REPORT, SO AS TO REQUIRE THE SUCCESS OF MUNICIPALITIES IN ACHIEVING SOLID WASTE RECYCLING AND REDUCTION GOALS TO BE INCLUDED IN THE ANNUAL REPORT AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH PROCEDURES TO OBTAIN RECYCLING DATA; TO AMEND SECTION 44-96-80 RELATING TO COUNTY AND REGIONAL SOLID WASTE PLANS AND GOVERNMENTAL RESPONSIBILITIES, SO AS TO DELETE THE PROVISION AUTHORIZING A TEN DOLLAR FEE ON ALL SOLID WASTE GENERATED OUT OF STATE AND DISPOSED OF IN STATE; TO AMEND SECTION 44-96-110 RELATING TO THE OFFICE OF SOLID WASTE REDUCTION AND RECYCLING, SO AS TO REVISE THE DUTIES AND RESPONSIBILITIES OF THE OFFICE, INCLUDING REVISIONS TO THE SCHOOL DISTRICT RECYCLING PROJECTS; TO AMEND SECTION 44-96-120, AS AMENDED, RELATING TO THE SOLID WASTE MANAGEMENT TRUST FUND SO AS TO INCLUDE GRANTS TO PUBLIC AND PRIVATE SCHOOLS, COLLEGES, AND UNIVERSITIES FOR WASTE REDUCTION AND RECYCLING EDUCATION PROGRAM; AS PROGRAMS TO BE FUNDED BY THE TRUST FUND AND TO CHANGE THE NAME OF THE WASTE TIRE GRANT TRUST FUND AS THE WASTE TIRE TRUST FUND; TO AMEND SECTION 44-96-130 RELATING TO THE SOLID WASTE MANAGEMENT GRANT PROGRAM SO AS TO SPECIFY THE USE OF CERTAIN GRANT FUNDS AND TO REQUIRE THAT GRANTS BE MADE AVAILABLE TO LOCAL GOVERNMENTS IN NEED OF ASSISTANCE IN CARRYING OUT THEIR RESPONSIBILITIES UNDER THE SOLID WASTE POLICY AND MANAGEMENT ACT; TO AMEND SECTION 44-96-140, AS AMENDED, RELATING TO STATE GOVERNMENT RECYCLING PROGRAMS, SO AS TO REQUIRE STATE AGENCIES AND STATE INSTITUTIONS OF HIGHER LEARNING TO SUBMIT AN ANNUAL REPORT ON ITS SOURCE SEPARATION AND RECYCLING PROGRAM; TO AMEND SECTION 44-96-150 RELATING TO DISPOSAL OF PACKAGING AND PLASTICS, SO AS TO AUTHORIZE A MANUFACTURER OR DISTRIBUTOR OF PLASTIC RESIN CONTAINERS TO ADOPT A LABELING CODE THAT WILL ASSIST IN SEGREGATION AND COLLECTION OF THAT RESIN FOR RECYCLING; TO AMEND SECTION 44-96-160, AS AMENDED, RELATING TO DISPOSAL OF USED OIL, SO AS TO ALSO PROHIBIT DISPOSING OF USED OIL FILTERS IN LANDFILLS UNLESS THE FILTER HAS BEEN REDUCED IN VOLUME, TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO DISPOSAL OF WASTE TIRES, SO AS TO REVISE TIPPING FEES ON WASTE TIRES, TO REVISE WHERE WASTE TIRES MAY BE DISPOSED OF, TO ESTABLISH STATE POLICY FOR MANAGEMENT OF WASTE TIRES, TO REVISE PROCEDURES FOR OBTAINING REFUNDS FOR DELIVERY OF WASTE TIRES TO PERMITTED OR APPROVED FACILITIES; TO REVISE THE PURPOSES FOR WASTE TIRE GRANTS, AND TO AUTHORIZE THE DEPARTMENT TO REQUIRE CERTAIN TIRE HAULERS, PROCESSORS, AND FACILITIES TO COMPLY WITH RECORDKEEPING AND REPORTING REQUIREMENTS; TO AMEND SECTION 44-96-180, AS AMENDED, RELATING TO DISPOSAL OF LEAD-ACID BATTERIES, SO AS TO REQUIRE PERSONS SELLING THESE BATTERIES TO POST NOTICE CONCERNING DISPOSAL REQUIREMENTS IN A PLACE VISIBLE TO CUSTOMERS; TO AMEND SECTION 44-96-290, AS AMENDED, RELATING TO PERMITTING A SOLID WASTE MANAGEMENT FACILITY, SO AS TO DELETE PROVISIONS RELATING TO PERMITTING A NEW OR AN EXPANSION OF AN EXISTING SOLID WASTE MANAGEMENT FACILITY AND TO REQUIRE PUBLIC NOTICE WHEN A PERMIT IS SOUGHT FOR A NEW OR EXPANSION OF AN EXISTING MUNICIPAL SOLID WASTE LANDFILL; TO AMEND SECTION 44-96-350 RELATING TO MINIMUM REQUIREMENTS FOR THE MANAGEMENT OF MUNICIPAL SOLID WASTE INCINERATOR ASH, SO AS TO REVISE THE REQUIREMENTS FOR THE DISPOSAL OF THIS ASH IN A SOLID WASTE LANDFILL; TO AMEND SECTION 44-96-470 RELATING TO FACILITY ISSUES NEGOTIATION PROCESS, SO AS TO DEFINE THE TERM "AFFECTED COUNTY" AND TO REVISE THE APPLICATION PROCEDURES FOR SOLID WASTE DISPOSAL FACILITY PERMITS; AND TO REPEAL SECTION 44-96-230 RELATING TO THE STATE RECYCLING SYMBOL.
Very respectfully,
President
On motion of Rep. SHARPE, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. DAVENPORT, BATTLE and LOFTIS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., June 20, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 1012:
S. 1012 (Word version) -- Senators J. V. Smith, Fair and Anderson: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO INCREASE FROM TWENTY-FIVE HUNDRED TO TEN THOUSAND THE MAXIMUM NUMBER OF SIGNATURES REQUIRED TO INITIATE THE REFERENDUM, TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM WITHIN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BE USED, TO REQUIRE THE ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN THIRTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED AT THE NEXT GENERAL ELECTION.
Very respectfully,
President
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.
The following was received:
Columbia, S.C., June 20, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4003:
H. 4003 (Word version) -- Reps. Allen, Martin, Knotts, Rhoad, Simrill, J. Smith, Allison, Altman, Bailey, Bales, Barrett, Battle, Carnell, Clyburn, Cooper, Davenport, Emory, Gamble, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Inabinett, Keegan, Kelley, Kirsh, Law, Lee, Lloyd, Littlejohn, Lourie, Maddox, Mason, McCraw, McGee, McKay, W. McLeod, Meacham-Richardson, Miller, Ott, Phillips, Pinckney, Rodgers, Rutherford, Sandifer, R. Smith, Stille, Stuart, Taylor, Townsend, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon, Young-Brickell and Robinson: A BILL TO AMEND SECTION 20-7-8510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE, RELEASE, AND CONFIDENTIALITY OF JUVENILE RECORDS PURSUANT TO THE JUVENILE JUSTICE CODE, SO AS TO AUTHORIZE RELEASE OF INFORMATION AMONG THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, THE ATTORNEY GENERAL AND OTHER LAW ENFORCEMENT AGENCIES; TO AUTHORIZE THE TRANSMISSION OF RECORDS OF ADJUDICATION AND PENDING CRIMINAL CASES TO A SCHOOL OFFICIAL IF THE JUVENILE IS OR MAY BE A STUDENT AT THE SCHOOL; TO AUTHORIZE FINGERPRINTING OF A JUVENILE CHARGED WITH AN OFFENSE OTHER THAN A STATUS OFFENSE; AND TO AUTHORIZE SHARING OF CERTAIN INFORMATION BETWEEN THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, AND LAW ENFORCEMENT AGENCIES AND VARIOUS HUMAN SERVICES AGENCIES.
The Report of the Committee of Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification.
Very respectfully,
President
Received as information.
Rep. CATO moved that when the House adjourns it adjourn to meet at 11:00 a.m. tomorrow, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 5175 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. C. Smith, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING MRS. MARY SHELTON WASHINGTON OF RICHLAND COUNTY ON THE OCCASION OF SECOND CALVARY BAPTIST CHURCH RECOGNIZING HER FOR HER MORE THAN FIFTY YEARS OF SERVICE AS A MEMBER OF THE WILLING HELPERS CLUB.
At 4:05 p.m. the House, in accordance with the motion of Rep. J. BROWN, adjourned in memory of Deacon Robert Lowman, Sr., to meet at 11:00 a.m. tomorrow.
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