Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Forgive us, Lord, for doing those things that make us feel guilty and uncomfortable.
We say that we believe in God, yet we doubt His promises.
We say "in God we trust", but we try to manage our own affairs without Your guidance.
We say we love You, but we do not obey You.
We say You have answers to our problems, yet we do not consult You.
Forgive us, Lord, for our littleness of faith and our selfish pride that ignore Your ways and Your teachings.
Reach down and change the gears in our lives that we may go forward with You. Amen.
(Adapted from prayer of the late Dr. Peter Marshall, Chaplain of the U.S. House of Representatives.)
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 yesterday, the SPEAKER ordered it confirmed.
Rep. FARR moved that when the House adjourns, it adjourn in memory of George T. Keller, Jr., of Union County, which was agreed to.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3919 -- Rep. Simrill: A BILL TO AMEND SECTION 12-36-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR RETAILERS TO OBTAIN A RETAIL LICENSE BEFORE ENGAGING IN BUSINESS, SO AS TO INCLUDE FESTIVALS AMONG THOSE SPECIAL EVENTS FOR WHICH A RETAILER FILES A SPECIAL EVENTS SALES TAX RETURN AND IS NOT REQUIRED TO HAVE A RETAIL LICENSE AND TO DEFINE "FESTIVAL".
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3329 -- Rep. Sheheen: A BILL TO AMEND SECTIONS 20-7-600, 20-7-770, 20-7-780, AND 20-7-3300, ALL AS AMENDED, AND SECTION 20-7-1335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF JUVENILE CRIMINAL RECORDS, SO AS TO REMOVE THE CONFIDENTIALITY OF THESE RECORDS FOR VIOLENT CRIMES, FOR CRIMES IN WHICH AN ILLEGAL WEAPON WAS USED, AND FOR VIOLATIONS OF THE "NARCOTICS AND CONTROLLED SUBSTANCES" ARTICLE; TO ALLOW FINGERPRINTING AND THE RELEASE TO THE PUBLIC OF THE NAME, IDENTITY, AND PICTURE OF A JUVENILE CHARGED WITH THESE CRIMES; AND TO PROHIBIT EXPUNGEMENT OF THESE RECORDS.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4532 -- Reps. Hodges, Corning, Cromer, Harwell, Jennings, Scott, D. Smith, J. Wilder, R. Young, Wilkins, Harrell, Clyborne and Boan: A BILL TO AMEND SECTION 58-9-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACTORS WHICH THE PUBLIC SERVICE COMMISSION MUST CONSIDER IN DETERMINING RATES FOR TELEPHONE COMPANIES, SO AS TO PROVIDE THAT, UNDER CERTAIN CONDITIONS, THE COMMISSION MAY ADOPT ANY ALTERNATIVE REGULATORY PLAN THE COMMISSION CONSIDERS APPROPRIATE AND IN THE PUBLIC INTEREST UPON DETERMINING THAT A TELEPHONE UTILITY IS SUBJECT TO COMPETITION WITH RESPECT TO A PARTICULAR SERVICE OR WITH RESPECT TO ITS SERVICES GENERALLY.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 487 -- Senator Rose: A BILL TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORONERS, BY ADDING SECTION 17-5-130, SO AS TO PROVIDE FOR THE QUALIFICATIONS AND AGE REQUIREMENTS TO HOLD THE OFFICE OF CORONER.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 520 -- Senators Thomas and Wilson: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO SPECIFY THE MAXIMUM SIZE AND SIZE OF LETTERING ON IDENTIFICATION BADGES AND TO PROHIBIT BADGES IN FLUORESCENT COLORS.
Ordered for consideration tomorrow.
The following was introduced:
H. 4671 -- Rep. Wright: A CONCURRENT RESOLUTION TO SALUTE MR. LAWRENCE E. FRIENDLY OF LEXINGTON COUNTY AND HIS COURAGEOUS FIGHTING SPIRIT AS HE CONTINUES TO BRAVELY BATTLE CANCER AND AS HE SERVES AS AN INSPIRING EXAMPLE FOR ALL WHO KNOW HIM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1125 -- Senator Matthews: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF ERNEST "SON" TASTE OF ORANGEBURG COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4672 -- Rep. D. Smith: A BILL TO AMEND SECTION 16-1-57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION FOR THIRD OR SUBSEQUENT CONVICTIONS OF CERTAIN PROPERTY CRIMES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A SECOND OR SUBSEQUENT OFFENSE OF CERTAIN PROPERTY CRIMES MUST BE IMPRISONED BASED UPON THE NEXT GREATER PENALTY CLASSIFICATION.
Referred to Committee on Judiciary.
H. 4673 -- Reps. Klauber, Carnell and McAbee: A BILL TO PROVIDE THAT THE QUALIFIED ELECTORS OF SCHOOL DISTRICTS 50 AND 52 IN GREENWOOD COUNTY AND SCHOOL DISTRICT 51 IN GREENWOOD, LAURENS, AND ABBEVILLE COUNTIES BY PETITION MAY PROPOSE THAT AN ADVISORY REFERENDUM BE CONDUCTED IN THAT DISTRICT, AND TO PROVIDE FOR THE MANNER IN WHICH AND THE PROCEDURES UNDER WHICH THIS ADVISORY REFERENDUM SHALL BE CONDUCTED.
On motion of Rep. KLAUBER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4674 -- Reps. Clyborne, Kelley, Inabinett, Quinn, Stone, Simrill, Elliott, McKay, Hines, Neilson, Walker, A. Young, D. Smith, Stoddard, Fair, Jaskwhich, Thomas, M.O. Alexander, Beatty, Moody-Lawrence, Davenport, Shissias, Stuart, Klauber, Delleney, Riser, Wofford, Wilkes, Harrison, Byrd, Wright, Lanford and J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-18 SO AS TO REQUIRE A "ZERO-BASE" BUDGET PROCESS IN THE PREPARATION OF THE ANNUAL GENERAL APPROPRIATIONS ACT.
Referred to Committee on Ways and Means.
H. 4675 -- Reps. Clyborne, Cato, Cooper, Stone, Littlejohn and Walker: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER, SO AS TO REQUIRE THAT AT LEAST TEN JURORS MUST VOTE FOR THE DEATH PENALTY INSTEAD OF A UNANIMOUS VOTE.
Referred to Committee on Judiciary.
H. 4676 -- Rep. Kirsh: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY AND OTHER ELIGIBILITY REQUIREMENTS OF CHILDREN TO ATTEND PUBLIC SCHOOLS, SO AS TO DELETE A PROVISION ALLOWING A CHILD TO ATTEND A PUBLIC SCHOOL IN A PARTICULAR DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE IN THE DISTRICT; AND TO AMEND SECTION 59-63-31, RELATING TO ADDITIONAL QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO CONFORM A REFERENCE IN THE SECTION TO THE REVISED PROVISIONS OF SECTION 59-63-30.
Referred to Committee on Education and Public Works.
H. 4677 -- Reps. Keegan and Kelley: A BILL TO AMEND SECTION 12-21-3320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF BINGO REGULATIONS, SO AS TO EXTEND BINGO SESSIONS TO MORNING HOURS.
Referred to Committee on Labor, Commerce and Industry.
H. 4678 -- Reps. Wells, Lanford, Robinson, Beatty, Littlejohn, Graham, Walker, Allison, Jaskwhich and Marchbanks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-35 SO AS TO PROVIDE THAT NO PERSON WHO IS EMPLOYED BY A SCHOOL DISTRICT OF THIS STATE MAY SERVE AS A MEMBER OF THE BOARD OF TRUSTEES OF THAT SCHOOL DISTRICT, AND TO PROVIDE THAT ANY PERSON SERVING AS A MEMBER OF A SCHOOL BOARD OF TRUSTEES ON THE EFFECTIVE DATE OF THIS SECTION WHO IS ALSO EMPLOYED BY THAT SCHOOL DISTRICT MAY CONTINUE TO SERVE THE TERM FOR WHICH HE WAS ELECTED.
Referred to Committee on Education and Public Works.
H. 4679 -- Rep. Boan: A BILL TO AMEND SECTION 1-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE LIABILITY INSURANCE FOR STATE AGENCIES AND EMPLOYEES, SO AS TO PROVIDE LIABILITY INSURANCE FOR STATE AGENCIES AND OTHER PUBLIC ENTITIES THROUGH THE DIVISION OF INSURANCE SERVICES RATHER THAN THE DIVISION OF GENERAL SERVICES AND TO AUTHORIZE SUCH COVERAGE FOR PHYSICIANS OR DENTISTS WHO ARE PAID FOR PROFESSIONAL SERVICES FROM FEES PAID TO A PRACTICE PLAN AUTHORIZED BY THEIR EMPLOYERS WHETHER OR NOT INCORPORATED AND REGISTERED WITH THE SECRETARY OF STATE; AND TO AMEND SECTIONS 15-78-30, 15-78-70, AND 15-78-120, ALL AS AMENDED, RELATING TO DEFINITIONS, APPLICATIONS, AND LIMITATIONS ON LIABILITY FOR PURPOSES OF THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT THE ACT EXTENDS TO A LICENSED PHYSICIAN AND DENTIST OTHERWISE COVERED WHO RECEIVES FEES FROM A PRACTICE PLAN AUTHORIZED BY THE LICENSEE'S EMPLOYER WHETHER OR NOT INCORPORATED AND REGISTERED WITH THE SECRETARY OF STATE.
Referred to Committee on Ways and Means.
S. 926 -- Senators Giese, Passailaigue, Glover, Elliott, Hayes, Holland, Lander, Mitchell, O'Dell, Reese, Russell, Short, Stilwell, Waldrep, Washington, Wilson, Rose, Leventis and Martin: A BILL TO AMEND CHAPTER 36, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, RELATING TO THE ALZHEIMER'S DISEASE REGISTRY, SO AS TO CREATE THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER IN THE OFFICE OF THE GOVERNOR, DIVISION ON AGING AND TO PROVIDE FOR ITS DUTIES AND AN ADVISORY COUNCIL; TO RENAME CHAPTER 36, TITLE 44; AND TO DESIGNATE SECTIONS 44-36-10 THROUGH 44-36-30 AS ARTICLE 1 OF CHAPTER 36, TITLE 44; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE A REFERENCE TO CONFORM TO THE GOVERNMENT RESTRUCTURING ACT OF 1993.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 936 -- Senators Lander and Reese: A BILL TO AMEND ACT 38 OF 1993, RELATING TO THE DEPARTMENT OF MENTAL RETARDATION FAMILY SUPPORT SERVICES, SO AS TO CHANGE THE NAME OF THE DEPARTMENT TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS AND TO INCLUDE INDIVIDUALS WITH HEAD INJURIES, SPINAL CORD INJURIES, OR SIMILAR DISABILITIES AMONG THOSE FOR WHOM SERVICES ARE TO BE PROVIDED.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 938 -- Senators Bryan, Washington, Giese and Hayes: A BILL TO AMEND SECTION 44-17-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CUSTODY AND TRANSPORT OF PERSONS TO MENTAL HEALTH FACILITIES, SO AS TO AUTHORIZE LOCAL LAW ENFORCEMENT AGENCIES AND DIRECTORS OF COMMUNITY MENTAL HEALTH CENTERS TO ARRANGE AN ALTERNATIVE TRANSPORTATION PROGRAM.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 940 -- Senator J. Verne Smith: A BILL TO AMEND SECTIONS 39-73-315 AND 39-73-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMODITY CODE, SO AS TO DELETE THE PROVISIONS CONTAINING REFERENCES TO INCORRECT SECTIONS.
Referred to Committee on Labor, Commerce and Industry.
S. 946 -- Senators Courson and Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO TITLE 44, CHAPTER 43, SO AS TO ESTABLISH THE ORGAN AND TISSUE DONOR PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; AND TO ADD SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO CONTRIBUTE ONE DOLLAR TO THE ORGAN AND TISSUE PROGRAM AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE DEPARTMENT FOR THIS PROGRAM.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 947 -- Senators Giese, Passailaigue, Glover, Rose and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-45 SO AS TO PROVIDE THAT THE GOVERNOR'S OFFICE, DIVISION ON AGING SHALL DESIGNATE AREA AGENCIES ON AGING WHO SHALL DESIGNATE AS FOCAL POINTS CERTAIN RECIPIENTS OF FUNDS THROUGH THE DIVISION ON AGING.
Referred to Committee on Ways and Means.
S. 950 -- Senators Setzler, Lander, Reese and Washington: A JOINT RESOLUTION TO PROVIDE THAT FROM CERTAIN FEDERAL FUNDS AUTHORIZED TO SOUTH CAROLINA UNDER THE CARL PERKINS VOCATIONAL AND APPLIED TECHNOLOGY AND EDUCATION ACT, THE STATE DEPARTMENT OF EDUCATION, FOR FISCAL YEAR 1993-94, MUST ALLOCATE $118,000 TO CLEMSON PSA FOR AGRICULTURAL TEACHER EDUCATION AND OTHER SERVICES AS PROVIDED FOR IN THE ACT.
Referred to Committee on Ways and Means.
S. 968 -- Senators Jackson, Ford, Reese and Washington: A BILL TO AMEND SECTION 17-5-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF DEAD BODIES, SO AS TO PROVIDE THAT UNIDENTIFIED BODIES MUST BE PRESERVED AT THE MEDICAL UNIVERSITY OF SOUTH CAROLINA OR OTHER SUITABLE FACILITY FOR A PERIOD OF THIRTY DAYS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1047 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 40-55-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CODE OF ETHICS GOVERNING PSYCHOLOGISTS, LIMITS OF PSYCHOLOGICAL PRACTICE, AND LIST OF LICENSED PSYCHOLOGISTS, SO AS TO DELETE THE REQUIREMENT THAT A COPY OF THE CODE OF ETHICS BE FILED WITH THE SECRETARY OF STATE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1048 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 40-73-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL REPORTS REQUIRED OF OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS, SO AS TO PROVIDE THAT COPIES OF THE REPORTS MUST BE MAINTAINED AT ALL TIMES AND MUST BE AVAILABLE FOR PUBLIC INSPECTION WITHIN THE OFFICES OF THE BUDGET AND CONTROL BOARD, RATHER THAN THE OFFICES OF THE SECRETARY OF STATE.
Referred to Committee on Labor, Commerce and Industry.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, J. Barber Boan Breeland Brown, G. Brown, H. Brown, J. Carnell Cato Chamblee Cobb-Hunter Cooper Corning Cromer Davenport Delleney Fair Farr Fulmer Gamble Govan Graham Hallman Harrell Harris, J. Harris, P. Harrison Harwell Haskins Hines Holt Houck Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks McCraw McElveen McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Robinson Rogers Rudnick Sharpe Sheheen Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Thursday, February 3.
James P. Harrelson John L. Scott, Jr. George H. Bailey Jennings G. McAbee J. Michael Baxley Donald W. "Don" Beatty James H. Hodges Alma W. Byrd C. Lenoir Sturkie John G. Felder Stephen E. Gonzales Morgan Martin H. Howell Clyborne, Jr. Larry L. Elliott Dell Baker Richard M. Quinn, Jr. Thomas E. Huff James G. Mattos Ralph W. Canty C. Alex Harvin, III
LEAVE OF ABSENCE
The SPEAKER granted Rep. SHISSIAS a leave of absence for the day.
Announcement was made that Dr. Arthur C. Hutson, Jr., of Charleston is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4600 -- Reps. Littlejohn, Walker, Allison, Davenport, D. Smith, Vaughn, Beatty, Lanford and D. Wilder: A BILL TO PROVIDE THAT THE ACTIONS TAKEN BY THE SPARTANBURG COUNTY BOARD OF EDUCATION IN REGARD TO ITS POWER AND DUTY OF CONSOLIDATING AND FIXING THE BOUNDARIES OF THE SEVERAL SCHOOL DISTRICTS WITHIN SPARTANBURG COUNTY AS PROVIDED BY LAW SHALL BE TAKEN WITH THE ADVICE AND CONSENT OF THE BOARD OF TRUSTEES OF ANY AFFECTED SCHOOL DISTRICT.
H. 4605 -- Reps. Wells, Allison, Littlejohn, D. Smith, Walker, Lanford and Davenport: A BILL TO PROVIDE THAT THE MEMBERS OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION MUST BE APPOINTED BY THE SPARTANBURG COUNTY COUNCIL PURSUANT TO SECTION 4-9-170 OF THE 1976 CODE.
H. 4391 -- Reps. Lanford, Harvin, Littlejohn, D. Wilder, Fulmer, Cromer, Allison, Inabinett, Wilkes, Waldrop, J. Brown and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-225 SO AS TO REQUIRE THE STATE TO FURNISH A BULLETPROOF VEST TO EACH LAW ENFORCEMENT OFFICER UPON SUCCESSFUL COMPLETION OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING SCHOOL PROGRAM.
H. 4542 -- Reps. Stuart, Sturkie, Gamble, Koon, Spearman and Riser: A BILL TO AMEND ACT 218 OF 1993, RELATING TO THE ELECTION OF MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY IN NONPARTISAN ELECTIONS, SO AS TO PROVIDE THAT ALL PERSONS DESIRING TO QUALIFY AS A CANDIDATE SHALL FILE WRITTEN NOTICE OF CANDIDACY WITH THE COUNTY ELECTION COMMISSION BY SEPTEMBER FIRST BUT NOT EARLIER THAN AUGUST FIRST OF THE YEAR IN WHICH THE ELECTION IS TO BE CONDUCTED.
The following Bill was taken up.
H. 4581 -- Reps. R. Smith, Sharpe, Stone, Huff and Rudnick: A BILL TO AMEND SECTION 7-7-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REDESIGNATE AND ADD NEW PRECINCTS, PROVIDE THAT THE PRECINCTS ARE AS SHOWN ON AN OFFICIAL MAP ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE ESTABLISHED BY THE AIKEN COUNTY BOARD OF ELECTIONS AND REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE AIKEN COUNTY LEGISLATIVE DELEGATION.
Rep. R. SMITH moved to table the Bill, which was agreed to.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, February 8, which was adopted.
H. 4140 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 24-13-100, 24-13-150, AND 24-13-175 SO AS TO PROVIDE FOR ELIGIBILITY FOR WORK RELEASE, EARLY RELEASE, AND COMPENSATION OF TIME; TO AMEND SECTIONS 16-3-20, AS AMENDED, 16-3-625, 16-3-1260, 16-11-311, 16-11-330, AND 16-11-340, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO PROVIDE FOR TRUTH IN SENTENCING, DELETE ELIGIBILITY FOR PAROLE, AND PROVIDE A NAME CHANGE FOR THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES; AND TO REPEAL SECTIONS 24-3-40, 24-3-50, 24-13-60, 24-13-210, 24-13-220, AND 24-13-270, AND ARTICLE 7, CHAPTER 21, TITLE 24, RELATING TO WAGES OF PRISONERS, WORK RELEASE OF PRISONERS, AND COMPUTATION OF TIME FOR RELEASE OF PRISONERS.
The following Bill was taken up.
H. 4350 -- Reps. Wilkins, M.O. Alexander, T.C. Alexander, Allison, Askins, J. Bailey, Baxley, Beatty, H. Brown, Carnell, Cato, Chamblee, Clyborne, Cooper, Cromer, Delleney, Elliott, Farr, Felder, Fulmer, Gamble, Gonzales, Graham, Hallman, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Hutson, Jennings, Keegan, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McKay, McTeer, Meacham, Neilson, Phillips, Quinn, Richardson, Riser, Robinson, Scott, Shissias, Simrill, R. Smith, D. Smith, Snow, Spearman, Stille, Stone, Stuart, Thomas, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Whipper, D. Wilder, Wilkes, Witherspoon, Wright, A. Young, R. Young, Huff, Corning, Fair, Kelley, Davenport, Jaskwhich, Inabinett, Sharpe, J. Wilder, Harrell and Breeland: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFICKING IN COCAINE, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH; TO AMEND SECTION 44-53-375, AS AMENDED, RELATING TO POSSESSION, SALE, MANUFACTURE, AND DISTRIBUTION OF ICE, CRANK, OR CRACK COCAINE, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH AND TO DEFINE PRIOR CONVICTIONS FOR PURPOSES OF SENTENCING; AND TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD TRAFFICKING IN CRACK COCAINE.
The Medical, Military, Public & Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3143AL.94), which was adopted.
Amend the bill, as and if amended, by striking Section 44-53-375(A)(3) and inserting:
/(3) for a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender is guilty of a felony and, upon conviction, must be imprisoned not less than ten years nor more than fifteen years and fined not less than fifteen thousand dollars./
Amend further by striking Section 44-53-375(C)(1)(c) and inserting:
/(c) for a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;/
Amend further by striking Section 44-53-375(C)(2)(c) and inserting:
/(c) for a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, a mandatory minimum term of imprisonment of not less than twenty-five years and not more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;/
When amended Section 44-53-375 reads:
"Section 44-53-375. (A) A person possessing or attempting to possess less than one gram of ice, crank, or crack cocaine, as defined in Section 44-53-110,:
(1) for a first offense, is guilty of a felony and, upon conviction for a first offense, must be imprisoned not more than five years and fined not less than five thousand dollars. For a first offense the court, upon approval of the solicitor, may require as part of a sentence, that the offender enter and successfully complete a drug treatment and rehabilitation program.;
(2) for a second offense or if, in the case of a first conviction of a violation of this section, the offender has been convicted of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years and fined not less than ten thousand dollars.;
(3) for a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender is guilty of a felony and, upon conviction, must be imprisoned not less than ten years nor more than fifteen years and fined not less than fifteen thousand dollars.
(B) A person who manufactures, distributes, dispenses, delivers, purchases, or otherwise aids, abets, attempts, or conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with intent to distribute, dispense, or deliver ice, crank, or crack cocaine, in violation of the provisions of Section 44-53-370, is guilty of a felony and, upon conviction:
(1) for a first offense, must be sentenced to a term of imprisonment of not more than fifteen years and fined not less than twenty-five thousand dollars;
(2) for a second offense or if, in the case of a first conviction of a violation of this section, the offender has been convicted of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned for not more than twenty-five years and fined not less than fifty thousand dollars;
(3) for a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned for not more than thirty years and fined not less than one hundred thousand dollars.
Possession of one or more grams of ice, crank, or crack cocaine is prima facie evidence of a violation of this subsection.
(C) A person who knowingly sells, manufactures, delivers, purchases, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts, or conspires to sell, manufacture, deliver, purchase, or bring into this State, or who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of ten grams or more of ice, crank, or crack cocaine, as defined and otherwise limited in Sections 44-53-110, 44-53-210(b)(4), 44-53-210(d)(1), or 44-53-210(d)(2), is guilty of a felony which is known as 'trafficking in ice, crank, or crack cocaine' and, upon conviction, must be punished as follows if the quantity involved is:
(1) ten grams or more, but less than twenty-eight grams:
(a) for a first offense, a term of imprisonment of not less than three years nor more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;
(b) for a second offense or if, in the case of a first conviction of a violation of this section, the offender has been convicted of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, a term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(c) for a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(2) twenty-eight grams or more, but less than one hundred grams:
(a) for a first offense, a term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(b) for a second offense or if, in the case of a first conviction of a violation of this section, the offender has been convicted of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, a term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(c) for a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, a mandatory minimum term of imprisonment of not less than twenty-five years and not more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(3) one hundred grams or more, but less than two hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(4) two hundred grams or more, but less than four hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars;
(5) four hundred grams or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars.
(D) Except for a first offense, as provided in subsection (A) of this section, sentences for violation of the provisions of this section may not be suspended and probation may not be granted. A person convicted and sentenced under this section to a mandatory minimum term of imprisonment of twenty-five years or a mandatory term of twenty-five years or more is not eligible for parole, extended work release, as provided for in Section 24-13-610, or supervised furlough, as provided for in Section 24-13-710."/
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. RUDNICK moved to adjourn debate upon the Bill, which was rejected.
Rep. MARTIN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\3197AL.94), which was adopted.
Amend the bill, as and if amended, Section 44-53-375, SECTION 2, by striking subsection (D) and inserting:
/(D) Except for a first offense, as provided in subsection (A) of this section, sentences for violation of the provisions of this section may not be suspended and probation may not be granted. A person convicted and sentenced under this section to a mandatory minimum term of imprisonment of twenty-five years or a mandatory term of twenty-five years or more is not eligible for parole, extended work release, as provided for in Section 24-13-610, or supervised furlough, as provided for in Section 24-13-710. Notwithstanding Section 44-53-420, a person convicted of conspiracy pursuant to this subsection must be sentenced as provided in this section with a full sentence or punishment and not one-half of the sentence or punishment prescribed for the offense./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. HARRELL proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\3216SD.94), which was adopted.
Amend the report, as and if amended, Section 44-53-375(B)(2), page [4350-3], by inserting after /for/ on line 44 /a mandatory minimum term of not less than one year and/.
Amend the report further, Section 44-53-375(B)(3), page [4350-4], by inserting after /for/ on line 9 /a mandatory minimum term of not less than five years and/.
Amend the report further, Section 44-53-375(C)(1)(a), page [4350-4], by inserting before /term/ on line 32 /mandatory minimum/.
Amend the report further, Section 44-53-375(C)(1)(b), page [4350-4], by inserting before /term/ on line 43 /mandatory minimum/.
Amend the report further, Section 44-53-375(C)(2)(a), page [4350-5], by inserting before /term/ on line 15 /mandatory minimum/.
Amend the report further, Section 44-53-375(C)(2)(b), page [4350-5], by inserting before /term/ on line 26 /mandatory minimum/.
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. HARRELL proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\DKA\3215SD.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Section 44-53-370(e)(1)(a)1. of the 1976 Code is amended to read:
"1. for a first offense, a mandatory minimum term of imprisonment of not less than one year nor more than ten years, no part of which may be suspended nor probation granted, and a fine of ten thousand dollars;"
B. Section 44-53-370(e)(1)(a)2. of the 1976 Code is amended to read:
"2. for a second offense, a mandatory minimum term of imprisonment of not less than five years nor more than twenty years, no part of which may be suspended nor probation granted, and a fine of fifteen thousand dollars;"
C. Section 44-53-370(e)(2)(a)1. of the 1976 Code is amended to read:
"1. for a first offense, a mandatory minimum term of imprisonment of not less than three years nor more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;"
D. Section 44-53-370(e)(2)(a)2. of the 1976 Code is amended to read:
"2. for a second offense, a mandatory minimum term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;"
E. Section 44-53-370(e)(2)(b)1. of the 1976 Code is amended to read:
"1. for a first offense, a mandatory minimum term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;"
F. Section 44-53-370(e)(2)(b)2. of the 1976 Code is amended to read:
"2. for a second offense, a mandatory minimum term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;"
G. Section 44-53-370(e)(3)(a)1. of the 1976 Code is amended to read:
"1. for a first offense, a mandatory minimum term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;"
H. Section 44-53-370(e)(4)(a)1. of the 1976 Code is amended to read:
"1. for a first offense, a mandatory minimum term of imprisonment of not less than one year nor more than ten years, no part of which may be suspended nor probation granted, and a fine of ten thousand dollars;"
I. Section 44-53-370(e)(5)(a)1. of the 1976 Code is amended to read:
"1. for a first offense, a mandatory minimum term of imprisonment of not less than three years nor more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty thousand dollars;"
J. Section 44-53-370(e)(5)(a)2. of the 1976 Code is amended to read:
"2. for a second offense, a mandatory minimum term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended or probation granted, and a fine of forty thousand dollars;"
K. Section 44-53-370(e)(5)(b)1. of the 1976 Code is amended to read:
"1. for a first offense, a mandatory minimum term of imprisonment of not less than seven years not more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;"
L. Section 44-53-370(e)(5)(b)2. of the 1976 Code is amended to read:
"2. for a second offense, a mandatory minimum term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;"/
Renumber sections to conform.
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. RUDNICK proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\DKA\3201AL.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 24-13-40 of the 1976 Code is amended to read:
"Section 24-13-40. The computation of the time served by prisoners under sentences imposed by the courts of this State shall must be reckoned from the date of the imposition of the sentence. But when (a)(1) a prisoner shall have has given notice of intention to appeal, (b)(2) the commencement of the service of the sentence follows the revocation of probation, or (c)(3) the court shall have has designated a specific time for the commencement of the service of the sentence, the computation of the time served shall must be reckoned from the date of the commencement of the service of the sentence. In every case in computing the time served by a prisoner, full credit against the sentence shall must be given for time served prior to before trial and sentencing. The sheriff of the county, the person in charge of the jail, or the jailer in the municipality must provide this information to the Department of Corrections and the Department of Probation, Parole and Pardon Services. Provided, however, that Credit for time served prior to before trial and sentencing shall must not be given: (1) when the prisoner, at the time he was imprisoned prior to before trial, was an escapee from another penal institution;. or (2) When the prisoner is serving a sentence for one offense and is awaiting trial and sentence for a second offense in which case he shall not receive credit for time served prior to before trial in as a reduction of his sentence for the second offense."/
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 4350 be read the third time tomorrow.
The following Bill was taken up.
H. 4604 -- Rep. Boan: A BILL TO AMEND SECTION 1-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY TO PARTICIPATE IN STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO CLARIFY THAT COVERAGE FOR A RETIREE WITH AT LEAST FIVE YEARS' SERVICE UNDER A STATE RETIREMENT SYSTEM IS LIMITED TO SERVICE IN A STATE-COVERED ENTITY AND TO REQUIRE THE LAST FIVE YEARS OF SUCH SERVICE TO HAVE BEEN CONSECUTIVE YEARS IN A FULL-TIME PERMANENT POSITION.
Rep. BOAN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5465HC.94), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. BOAN, with unanimous consent, it was ordered that H. 4604 be read the third time tomorrow.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4653 -- Rep. Snow: A BILL TO REPEAL SECTION 50-17-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION NUMBERS ON LICENSED SHRIMP TRAWLERS.
Rep. SNOW explained the Bill.
H. 3672 -- Reps. Shissias, R. Smith, Stone, Corning, Harrison, Simrill, Riser, Wright, Koon, Hallman, Walker, Byrd, Meacham, Wells, Phillips, Littlejohn, Davenport and Cato: A BILL TO AMEND SECTION 20-7-1145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPRESENTATION OF AN OBLIGEE UNDER AN OUT-OF-STATE CHILD SUPPORT ORDER, SO AS TO PROVIDE THAT THE PROSECUTING ATTORNEY SHALL REPRESENT THE STATE RATHER THAN THE OBLIGEE IN THESE MATTERS.
Rep. HODGES explained the Bill.
H. 3673 -- Reps. Shissias, Hallman, Gonzales, Stone, Corning, Harrison, Simrill, Riser, Koon, Wells, Walker, Byrd, Meacham, Phillips, Littlejohn, Allison and Cato: A BILL TO AMEND SECTION 20-7-1015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNSEL FOR AN OBLIGEE IN A CIVIL ENFORCEMENT ACTION OF A SOUTH CAROLINA CHILD SUPPORT ORDER, SO AS TO PROVIDE THAT THE PROSECUTING ATTORNEY SHALL REPRESENT THE STATE RATHER THAN THE OBLIGEE IN THESE MATTERS.
Rep. HODGES explained the Bill.
H. 3674 -- Reps. Shissias, R. Smith, Hallman, Gonzales, R. Young, Simrill, Corning, Harrison, Thomas, Gamble, Riser, Wright, Koon, Neilson, Wells, Cobb-Hunter, Harrell, Stuart, Neal, Hines, J. Wilder, Waldrop, Harrelson, Walker, Allison, McElveen, Meacham, Stone, Littlejohn, Davenport, Cato and Moody-Lawrence: A BILL TO AMEND SECTION 20-7-1318, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN INCOME-WITHHOLDING TO ENFORCE SUPPORT ORDERS, SO AS TO REVISE THE DEFINITION OF "SUPPORT ORDER" AND TO CORRECT A CROSS-REFERENCE.
Rep. HODGES explained the Bill.
H. 3792 -- Rep. Shissias: A BILL TO AMEND SECTION 43-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO PURSUE STATE AND FEDERAL TAX REFUND OFFSETS FOR DELINQUENT CHILD SUPPORT PAYMENTS EVEN IF PERIODIC PAYMENTS ON THE DELINQUENCY ARE BEING MADE OR EVEN IF THE DELINQUENT AMOUNT HAS BEEN PLACED IN ABEYANCE.
Rep. HODGES explained the Bill.
H. 3805 -- Rep. Shissias: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE STATE DEPARTMENT OF SOCIAL SERVICES CONCERNING THE STATE CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT A CLERK OF COURT SHALL RECOGNIZE AN ASSIGNMENT OF THE RIGHTS TO CHILD SUPPORT UPON NOTICE OF THE ASSIGNMENT AND WITHOUT THE REQUIREMENT OF AN ORDER.
Rep. HODGES explained the Bill.
H. 3973 -- Reps. Stuart, Gamble and Phillips: A BILL TO AMEND SECTION 17-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SERVICE OF CRIMINAL PROCESS ON SUNDAY, SO AS TO PROVIDE THAT CRIMINAL PROCESS MAY BE SERVED ON SUNDAY FOR ALL CRIMES, FELONIES AND MISDEMEANORS ALIKE.
Rep. HODGES explained the Bill.
On motion of Rep. THOMAS, with unanimous consent, it was ordered that H. 4653 be read the third time tomorrow.
On motion of Rep. WOFFORD, with unanimous consent, it was ordered that H. 3673 be read the third time tomorrow.
On motion of Rep. WOFFORD, with unanimous consent, it was ordered that H. 3674 be read the third time tomorrow.
On motion of Rep. WOFFORD, with unanimous consent, it was ordered that H. 3792 be read the third time tomorrow.
On motion of Rep. WOFFORD, with unanimous consent, it was ordered that H. 3805 be read the third time tomorrow.
Rep. PHILLIPS asked unanimous consent that H. 3973 be read a third time tomorrow.
Rep. DAVENPORT objected.
The following Bill was taken up.
H. 3505 -- Rep. Cromer: A BILL TO AMEND SECTIONS 16-9-10, 16-9-20, AND 16-9-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERJURY, SUBORNATION OF PERJURY, SUBORNATION OF PERJURY IN CIVIL ACTIONS, PENALTIES, AND THE ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY OR SUBORNATION OF PERJURY, SO AS TO INCREASE THESE PENALTIES.
Rep. HODGES explained the Bill.
Rep. J. BROWN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. DAVENPORT moved to reconsider the vote whereby the following Bill was given a third reading, which was agreed to.
H. 4605 -- Reps. Wells, Allison, Littlejohn, D. Smith, Walker, Lanford and Davenport: A BILL TO PROVIDE THAT THE MEMBERS OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION MUST BE APPOINTED BY THE SPARTANBURG COUNTY COUNCIL PURSUANT TO SECTION 4-9-170 OF THE 1976 CODE.
Rep. BEATTY moved to adjourn debate upon the Bill until Wednesday, February 9, which was adopted.
The following Bill was taken up.
H. 3675 -- Reps. Shissias, R. Smith, R. Young, Neilson, Gonzales, Littlejohn, Simrill, Harwell, Corning, Harrison, Mattos, Gamble, Elliott, Riser, Hallman, Cobb-Hunter, Wright, Koon, Wells, J. Wilder, Houck, Harrell, Harrelson, Hines, Neal, Meacham, Byrd, Walker, Allison, Waldrop, Stone, J. Brown, Stuart, Rudnick, McElveen, Davenport and Moody-Lawrence: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO PROVIDE THAT CHILD SUPPORT MUST BE ORDERED WHEN A CHILD IS PAST AGE EIGHTEEN BUT BEFORE AGE NINETEEN WHEN THE CHILD IS IN HIGH SCHOOL AND MAKING PROGRESS TOWARD COMPLETING HIGH SCHOOL AND TO PROVIDE EXCEPTIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11432AC.93), which was adopted.
Amend the bill, as and if amended, in Section 20-7-420(17) on line 38 by inserting after /and/ /in the discretion of the court,/ so that when amended item (17) shall read:
/(17) To make all orders for support run until further order of the court, except that orders for child support of a child shall run until the child is eighteen years of age or until the child is sooner married or becomes self-supporting, as determined by the court, whichever occurs first or, to provide for child support past the age of eighteen years if the child is in high school and is making satisfactory progress toward completion of high school, not to exceed the nineteenth birthday unless exceptional circumstances are found to exist or unless there is a preexisting order to provide for child support past the age of eighteen years; and in the discretion of the court, to provide for child support past age eighteen where there are physical or mental disabilities of the child or other exceptional circumstances that warrant it, in the discretion of the court, during any period and beyond the child's minority as such the continuation of child support beyond age eighteen for as long as the physical or mental disabilities may or exceptional circumstances continue./
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WOFFORD, with unanimous consent, it was ordered that H. 3675 be read the third time tomorrow.
The following Joint Resolution was taken up.
H. 3920 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 18, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE FORMALITIES OF AN ACT OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT EITHER HOUSE OF THE GENERAL ASSEMBLY MAY PROVIDE BY RULE FOR THE SECOND READING OF ANY BILL OR JOINT RESOLUTION "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES TO EACH MEMBER.
Rep. HARRELSON proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10885JM.94), which was adopted.
Amend the joint resolution, as and if amended, by striking line 40 on page 1 and inserting:
/thereof to each member, except that, at the request of any member, the matter cannot be considered until the bill or resolution has been on the members' desks for twenty-four hours."/
Amend further, page 2, by striking lines 5 through 10 and inserting:
/"Shall Section 18, Article III of the Constitution of this State be amended to provide that either house of the General Assembly may provide by rule for the second reading of any bill or joint resolution 'viva voce' or by distribution of printed copies thereof to each member, except that, at the request of any member, the matter cannot be considered until the bill or resolution has been on the members' desks for twenty-four hours?/
Amend title to conform.
Rep. HARRELSON explained the amendment.
The amendment was then adopted.
Rep. HODGES explained the Joint Resolution.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Joint Resolution.
Rep. RUDNICK moved that the House recur to the morning hour, which was agreed to.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4620 -- Rep. Farr: A CONCURRENT RESOLUTION COMMEMORATING ON MARCH 2, 1994, THE TWO HUNDREDTH ANNIVERSARY OF THE DEATH OF COLONEL WILLIAM FARR, OUTSTANDING SOUTH CAROLINIAN, SOLDIER, AND MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES; REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE SOUTH CAROLINA HIGHWAY 72 BRIDGE OVER THE BROAD RIVER AT THE UNION COUNTY AND CHESTER COUNTY LINE ADJACENT TO COLONEL FARR'S BELOVED PLANTATION AT FISH DAM FORD THE "COLONEL WILLIAM FARR MEMORIAL BRIDGE" AND TO ERECT APPROPRIATE MARKERS; AND TO GRANT THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO COLONEL FARR'S DESCENDANTS, DR. TOMMY F. FARR AND JOHN E. FARR, ON WEDNESDAY, MARCH 2, 1994, FOR THE PURPOSE OF HEARING THIS RESOLUTION READ FROM THE PODIUM AND HAVING THE ORIGINAL OF THE RESOLUTION PRESENTED TO THEM.
Ordered for consideration tomorrow.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4680 -- Rep. White: A BILL TO ESTABLISH THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF JASPER COUNTY AND PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, THE CHAIRMAN'S TERM OF OFFICE, AND RELATED MATTERS; TO ABOLISH THE JASPER COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF JASPER COUNTY; TO ABOLISH THE JASPER COUNTY ELECTION COMMISSION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF JASPER COUNTY; AND TO PROVIDE FOR THE EXPIRATION OF THE CURRENT TERMS OF OFFICE FOR CERTAIN PERSONS.
On motion of Rep. WHITE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr, McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford and Jennings: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE GOVERNMENT AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION 41-13-20, RELATING TO CHILD LABOR, SO AS TO PROVIDE THAT NO CHILD UNDER THE AGE OF EIGHTEEN DURING THE REGULAR SCHOOL YEAR MAY WORK MORE THAN TWENTY HOURS A WEEK AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Education and Public Works.
H. 4682 -- Reps. Simrill, Meacham, Hallman, Klauber, Sturkie, Stone, Davenport, Littlejohn, Hutson, Fulmer, R. Smith, Waites, Chamblee, Stille, Harrelson, Graham, Harrell, Haskins, Barber, Riser, Thomas and McTeer: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY AND NOTIFICATION TO HIS PARENTS AND APPROPRIATE AGENCIES, SO AS TO PROVIDE THAT WHEN A CHILD IS TAKEN INTO CUSTODY FOR AN OFFENSE WHICH WOULD BE A MISDEMEANOR OR FELONY IF COMMITTED BY AN ADULT, 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, AND TO PROVIDE THAT THE PRINCIPAL MAY USE THIS INFORMATION FOR MONITORING AND SUPERVISORY PURPOSES BUT OTHERWISE MUST KEEP THIS INFORMATION CONFIDENTIAL.
Referred to Committee on Judiciary.
Debate was resumed on the following Joint Resolution, the pending question being the consideration of the Joint Resolution, Rep. HODGES having the floor.
H. 3920 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 18, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE FORMALITIES OF AN ACT OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT EITHER HOUSE OF THE GENERAL ASSEMBLY MAY PROVIDE BY RULE FOR THE SECOND READING OF ANY BILL OR JOINT RESOLUTION "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES TO EACH MEMBER.
Rep. WHITE made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3935 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-595 SO AS TO PERMIT CLERKS OF COURT TO MAINTAIN ANY PUBLIC RECORD IN A COMPUTER SYSTEM SO LONG AS THERE IS A BACK-UP COPY MAINTAINED; TO AMEND SECTION 14-23-1100, RELATING TO DUTIES OF CLERKS OF COURT, SECTION 14-23-1130, AS AMENDED, RELATING TO RECORDS OF PROBATE COURT, AND SECTION 16-3-25, RELATING TO REPORTS OF THE SUPREME COURT IN DEATH PENALTY CASES, SO AS TO REVISE THESE SECTIONS SO THAT ALL SUCH RECORDS MAY BE MAINTAINED, DUTIES CARRIED OUT, AND FORMS SET UP IN A STANDARD FORMAT TO FACILITATE THE USE OF A COMPUTER SYSTEM OR RELATED EQUIPMENT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15640AC.94), which was adopted.
Amend the bill, as and if amended, Section 14-23-1130, page 2, lines 10, 11, 13, and 16, by inserting /probate/ before /court/, so when amended that portion of the first paragraph of Section 14-23-1130 preceding item 1. reads:
/The governing body of each county shall provide and the judge of probate shall keep the seal of the probate court, the necessary office equipment of the probate court, and those books as from time to time may appear to be are necessary for keeping the records of the probate court and for reference thereto to these records, including index books, appropriately labeled, referring to the records of the probate court pertaining to the following matters:/.
Amend further by deleting Section 4 of the bill.
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 4535 -- Reps. Sheheen, Hodges, Wilkins and J. Wilder: A JOINT RESOLUTION TO PROVIDE FOR 1994 ONLY THE DATES FOR FILING OF ALL CANDIDATES SEEKING NOMINATION BY POLITICAL PARTY PRIMARY, POLITICAL PARTY CONVENTION, OR PETITION IS BETWEEN NOON JUNE FIRST AND NOON JUNE FIFTEENTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-11-210 FOR 1994 ONLY THE DATE FOR FILING THE NOTICE OF CANDIDACY AND PLEDGE IS BY NOON JUNE FIFTEENTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-40 FOR 1994 ONLY THE DATE FOR PRIMARY ELECTIONS IS THE SECOND TUESDAY IN AUGUST; TO CHANGE FOR 1994 ONLY THE DATES FOR FILING FOR OFFICE, FILING THE NOTICE OF CANDIDACY, AND THE DATE FOR PRIMARY ELECTIONS FOR CANDIDATES FOR SCHOOL BOARD WHOSE PRIMARY ELECTIONS COINCIDE WITH THE GENERAL PRIMARY ELECTION ESTABLISHED BY SECTION 7-13-40; FOR 1994 ONLY TO PROVIDE THAT IF RUN-OFF PRIMARY ELECTIONS ARE NECESSARY THEY MUST BE HELD ON AUGUST 23, 1994, NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-350 THE RESULTS OF ALL ELECTIONS MUST BE CERTIFIED TO THE APPROPRIATE ELECTION COMMISSIONERS BY 12:00 NOON ON SEPTEMBER 6, 1994.
Rep. CORNING made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
S. 488 -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.
Rep. CORNING made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. M.O. ALEXANDER moved to adjourn debate upon the following Bill until Thursday, February 10, which was adopted.
Rep. FARR withdrew his objection to S. 497 however, other objections remained upon the Bill.
Rep. A. YOUNG asked unanimous consent to recall the Dorchester Master-in-Equity Appointment from the Judiciary Committee, which was agreed to.
On motion of Rep. HODGES, with unanimous consent, the following Bill was recalled from the Committee on Ways and Means and was referred to the Committee on Judiciary.
H. 4659 -- Reps. Hodges, Gonzales, Cromer and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-205 SO AS TO PROVIDE THAT ALL COSTS, FEES, FINES, PENALTIES, FORFEITURES, AND OTHER REVENUE GENERATED BY THE CIRCUIT COURTS AND FAMILY COURTS MUST BE REMITTED 56 PERCENT TO THE COUNTY AND 44 PERCENT TO THE STATE AND TO PROVIDE EXCEPTIONS; BY ADDING SECTION 14-1-206 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 62 PERCENT OF A CRIMINAL FINE IMPOSED IN GENERAL SESSIONS AND FAMILY COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-207 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 88 PERCENT OF A CRIMINAL FINE IMPOSED IN MAGISTRATES' COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-208 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 68 PERCENT OF A CRIMINAL FINE IMPOSED IN MUNICIPAL COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 11-5-175 SO AS TO REQUIRE THE STATE TREASURER TO PROVIDE A QUARTERLY REPORT TO EACH DEPARTMENT OR AGENCY THAT RECEIVES MONEY COLLECTED PURSUANT TO SECTIONS 14-1-205, 14-1-206, 14-1-207, AND 14-1-208; AND BY ADDING SECTION 11-7-25 SO AS TO REQUIRE THE STATE AUDITOR TO EXAMINE THE BOOKS AND RECORDS OF THE CLERKS OF COURT, MAGISTRATES, AND MUNICIPAL COURTS FOR COMPLIANCE WITH SECTIONS 14-1-205, 14-1-206, 14-1-207, AND 14-1-208; TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO FEES AND COSTS GENERALLY, SO AS TO DELETE THE REQUIREMENT OF DIVIDING THE FIFTY-FIVE DOLLAR FILING FEES; TO AMEND SECTION 14-17-725, RELATING TO COLLECTION COST FOR FINES PAID ON INSTALLMENTS, SO AS TO PROVIDE FOR COLLECTING COST FOR ASSESSMENTS PAID ON INSTALLMENTS; TO AMEND SECTION 16-23-50, AS AMENDED, RELATING TO PENALTIES FOR CERTAIN WEAPONS VIOLATIONS, SO AS TO DELETE REMITTANCE OF THE FINE TO MUNICIPALITIES; TO AMEND SECTION 22-3-545, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS, SO AS TO PROVIDE FOR THE DISTRIBUTION OF MONEY COLLECTED PURSUANT TO SECTION 14-1-205; TO AMEND SECTION 44-53-310, RELATING TO CIVIL FINES FOR VIOLATION OF REGISTRATION OF CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT FINES MUST BE REMITTED TO THE STATE TREASURER FOR DEPOSIT AND BENEFIT OF THE DEPARTMENT OF MENTAL HEALTH FOR ITS DRUG ADDICTION TREATMENT FACILITIES; TO AMEND SECTION 44-53-370, AS AMENDED, RELATING TO THE POSSESSION OF CERTAIN CONTROLLED SUBSTANCES, SO AS TO REVISE THE DISTRIBUTION OF FINES AND FORFEITURES; TO AMEND SECTION 48-1-350, RELATING TO DISPOSITION OF PENALTIES COLLECTED FOR VIOLATION OF THE POLLUTION CONTROL ACT, SO AS TO REVISE DISPOSITION OF CIVIL AND CRIMINAL PENALTIES; TO AMEND SECTION 56-1-190, RELATING TO HAVING A DRIVER'S LICENSE IN POSSESSION, SO AS TO DELETE PROVISIONS ALLOWING REDUCTION OF COURT COSTS; TO AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO HANDICAP PARKING VIOLATIONS, SO AS TO DELETE THE FIVE DOLLAR ASSESSMENT; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO FINES FOR SPEEDING, SO AS TO DELETE THE ALLOCATION OF A PORTION OF THE FINE TO THE GENERAL FUND; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUORS OR NARCOTIC DRUGS, SO AS TO DELETE REMITTANCE OF A PORTION OF THE FINE TO THE STATE OFFICE OF VICTIM ASSISTANCE; AND TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE, SO AS TO DELETE THE FIFTY DOLLAR FEE; TO REPEAL SECTIONS 14-1-210 RELATING TO THE ESTABLISHMENT OF COST OF COURT FEE TO FUND CERTAIN PROGRAMS; 14-1-212 RELATING TO THE IMPOSITION OF AN ADDITIONAL FEE IN GENERAL SESSIONS COURT; 14-1-213 RELATING TO FEES FOR CERTAIN DEFENSE OF INDIGENTS; 16-11-700(E)(6) RELATING TO ASSESSMENTS FOR LITTER VIOLATIONS; 20-7-1510 RELATING TO THE DISPOSITION OF FINES, FORFEITURES, AND OTHER REVENUES; 24-23-210 RELATING TO FEES ASSESSED ON PERSONS CONVICTED OF CRIMINAL OFFENSES FOR THE PURPOSE OF DEFRAYING THE COSTS OF COMMUNITY CORRECTIONS PROGRAMS; 44-53-580 RELATING TO THE DISPOSITION OF FINES; 56-1-725 RELATING TO TRAFFIC POINTS ASSESSMENT; 61-13-480 AND 61-13-490 BOTH RELATING TO DISTRIBUTION OF CERTAIN FINES AND ASSESSMENTS.
Rep. SCOTT asked unanimous consent to recall H. 4528 from the Committee on Labor, Commerce and Industry.
Rep. T.C. ALEXANDER objected.
The Senate amendments to the following Bill were taken up for consideration.
H. 4248 -- Reps. J. Harris and Baxley: A BILL TO ABOLISH THE CHESTERFIELD COUNTY BOARD OF VOTER REGISTRATION AND CHESTERFIELD COUNTY ELECTION COMMISSION, AND TO CREATE THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION.
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. WHITE moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey, J. Boan Breeland Brown, J. Byrd Carnell Cobb-Hunter Harris, P. Harvin Hines Hodges Jennings Kennedy Keyserling Kirsh McKay McMahand Moody-Lawrence Neal Richardson Rudnick Waites Whipper White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, G. Baker Baxley Brown, G. Brown, H. Cato Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Felder Fulmer Gamble Govan Graham Hallman Harrell Harrelson Harwell Haskins Holt Houck Huff Hutson Inabinett Keegan Kelley Kinon Klauber Koon Lanford Law Littlejohn Marchbanks McTeer Meacham Phillips Quinn Riser Robinson Sharpe Sheheen Simrill Smith, R. Snow Spearman Stille Stoddard Stone Stuart Sturkie Thomas Townsend Trotter Tucker Vaughn Walker Wells Wilder, D. Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
The motion period was dispensed with on motion of Rep. HODGES.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2, Rep. CORNING having the floor.
H. 3267 -- Reps. Corning, Cato, Sturkie, Haskins, Fulmer, Quinn, Wells, Klauber, Robinson, A. Young, Cooper, Davenport, R. Smith, Fair, Meacham, Simrill, Walker, Moody-Lawrence, Delleney, Felder, Littlejohn, H. Brown, Baker, Worley, Gonzales, Stone, Harwell, Marchbanks, Sharpe, Wofford, Allison, Chamblee, Vaughn, Clyborne, Huff, Wright, Koon, Lanford, R. Young, Wilkins, Graham and Jaskwhich: A BILL TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1 OF CHAPTER 41, TITLE 44, AND TO ENTITLE THE ARTICLE "ABORTIONS GENERALLY"; TO AMEND CHAPTER 41, TITLE 44, RELATING TO ABORTIONS, BY ADDING ARTICLE 3 SO AS TO ENACT THE "WOMAN'S RIGHT TO KNOW ACT", INCLUDING PROVISIONS FOR PENALTIES; TO PROVIDE THAT THE PRINTED MATERIALS REQUIRED TO BE PUBLISHED PURSUANT TO SECTION 44-41-340, AS ADDED BY THIS ACT, MUST BE PUBLISHED ON OR BEFORE THE EFFECTIVE DATE OF ARTICLE 3, CHAPTER 41, TITLE 44, AS ADDED BY THIS ACT; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS, WORDS, PHRASES, AND CLAUSES OF THIS ACT.
Debate was resumed on Amendment No. 2, which was proposed on Thursday, January 27, by Rep. CORNING.
Rep. CORNING continued speaking.
Rep. CORNING continued speaking.
Rep. HODGES spoke against the amendment.
Rep. HUFF spoke in favor of the amendment.
Rep. WALDROP moved that the House do now adjourn.
Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. KLAUBER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey, J. Baxley Beatty Boan Breeland Brown, G. Brown, J. Byrd Carnell Cobb-Hunter Harris, J. Harris, P. Harvin Hines Hodges Holt Houck Inabinett Jennings Kennedy Keyserling Kirsh Martin McAbee McCraw McKay McLeod McMahand Moody-Lawrence Neal Phillips Rhoad Richardson Rogers Rudnick Scott Sharpe Stille Townsend Tucker Waites Waldrop Whipper White Wilder, D. Wilkes Worley
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, G. Baker Barber Brown, H. Canty Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harrison Harwell Haskins Huff Hutson Keegan Kelley Kinon Klauber Koon Lanford Law Littlejohn Marchbanks McTeer Meacham Neilson Quinn Riser Robinson Sheheen Simrill Smith, R. Snow Spearman Stoddard Stone Stuart Sturkie Thomas Trotter Vaughn Walker Wells Wilder, J. Wilkins Witherspoon Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
The SPEAKER Pro Tempore granted Rep. J. BAILEY a leave of absence for the remainder of the day.
Reps. FAIR and CORNING spoke in favor of the amendment.
Rep. HODGES spoke against the amendment.
The amendment was then adopted.
Reps. RUDNICK and COBB-HUNTER proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\436\11517AC.93), which was tabled.
Amend the bill, as and if amended, by deleting Section 44-41-330(C).
Amend further by deleting in Section 44-41-330(D)
/then the waiting period required pursuant to subsection (C) of this section shall not apply/ and inserting /then the abortion may be performed or induced/.
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. CORNING spoke against the amendment.
Rep. HODGES spoke in favor of the amendment.
Rep. CORNING moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 69 to 42.
Rep. CARNELL moved that the House do now adjourn.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey, G. Barber Boan Breeland Brown, G. Brown, J. Byrd Carnell Chamblee Elliott Gamble Hallman Harrelson Harris, J. Harris, P. Harwell Hines Hodges Holt Houck Jennings Kennedy Keyserling Kinon Kirsh Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Rogers Rudnick Scott Sheheen Snow Spearman Stille Stoddard Townsend Tucker Waites Waldrop Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Worley
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Baker Canty Cato Clyborne Cooper Corning Cromer Davenport Delleney Fair Farr Felder Fulmer Gonzales Govan Harrell Harrison Haskins Huff Hutson Keegan Kelley Klauber Koon Lanford Law Littlejohn Marchbanks Meacham Quinn Riser Robinson Sharpe Simrill Smith, R. Stone Stuart Thomas Trotter Vaughn Walker Wells Witherspoon Wofford Wright Young, A.
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of amendments.
The Senate returned to the House with concurrence the following:
H. 4658 -- Reps. Rogers, Waites, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rudnick, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION CONGRATULATING LOU A. FONTANA OF RICHLAND COUNTY ON BEING NAMED DIRECTOR OF PUBLIC INFORMATION OF THE SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY AND WISHING HIM THE BEST IN HIS NEW POSITION.
H. 4671 -- Rep. Wright: A CONCURRENT RESOLUTION TO SALUTE MR. LAWRENCE E. FRIENDLY OF LEXINGTON COUNTY AND HIS COURAGEOUS FIGHTING SPIRIT AS HE CONTINUES TO BRAVELY BATTLE CANCER AND AS HE SERVES AS AN INSPIRING EXAMPLE FOR ALL WHO KNOW HIM.
At 12:06 P.M. the House in accordance with the motion of Rep. FARR adjourned in memory of George T. Keller, Jr. of Union County, to meet at 10:00 A.M. tomorrow.
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