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, Heavenly Father, for these moments of prayer when we can look up to You and away from the world and thereby get our bearings. We know not what this day will bring, but of one thing we are confidently sure: that You will be with us. If we must travel stony paths, give us strong shoes. Teach us the lesson that the good we do today becomes tomorrow's happiness; so enable us to conduct ourselves that we can think of every yesterday without regret and to every tomorrow without fear.
We pray to a God Whose Name is above all others. 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 Friday, the SPEAKER ordered it confirmed.
Rep. SHARPE moved that when the House adjourns, it adjourn in memory of Carrol H. Warner of Aiken County, which was agreed to.
The Report was received and was printed in the Senate Journal on January 14.
June 2, 1993
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Governor
Appointment, Dorchester County Master-in-Equity, effective September 1, 1993, with term to expire June 30, 1998:
Patrick Robert Watts, Esquire, 111 Sweetbriar Road, Summerville, S.C. 29485 VICE Honorable Gene Dukes
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was received and referred to the Committee on Invitations and Memorial Resolutions.
February 3, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201
Dear Rep. Williams:
The South Carolina Chapter, American Physical Therapy Association (SCPTA) is pleased to invite members of the South Carolina General Assembly for coffee and juice on the morning of February 23, 1994. The reception is held in conjunction with the 1994 South Carolina Legislative Fitness Fair at the Lower Lobby of the State House scheduled for 9:00 A.M. until 2:00 P.M.
The event was a pleasant affair last year and we believe an excellent way for legislators to begin the day. The Fitness Fair consist of work stations for physical assessment including flexibility, posture, grip, blood pressure, body composition, and balance assessments for the legislators. We would like to request the invitation committee's approval to serve refreshments at this time.
Thank you for the opportunity the Invitations Committee affords the professional societies and the general public for meeting with the Senators and Representatives to express their concerns.
Sincerely,
South Carolina American Physical Therapy Association
Vicki T. Ido
Executive Director
The following were received and referred to the appropriate committees for consideration.
Document No. 1734
Promulgated By Livestock-Poultry Health Division, Clemson University
Importation of Ratites
Received By Speaker February 7, 1994
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date June 7, 1994
Document No. 1720
Promulgated By Clemson University, State Crop Pest Commission
Quarantine of Phytophagous Snails
Received By Speaker February 4, 1994
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date June 4, 1994
Document No. 1709
Promulgated By Clemson University
Parking and Traffic
Received By Speaker February 7, 1994
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date June 7, 1994
The following was received.
Document No. 1610
Promulgated By Board of Pharmacy
Patient Counseling
Received By Speaker March 8, 1993
Referred to House Committee on Medical, Military, Public and Municipal
Affairs
120 Day Review Expiration Date February 12, 1994
Resolution Introduced to Disapprove (S. 800): May 26, 1993
120 Day Review Tolled: May 26, 1993
Withdrawn February 8, 1994
The following was received.
Columbia, S.C., February 3, 1994
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. 122:
S. 122 -- Senator McConnell: A BILL TO AMEND SECTION 27-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF GRAVES IN ABANDONED CEMETERIES OR BURYING GROUNDS, SO AS TO REQUIRE THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY IN WHICH THE CEMETERY OR GROUND IS LOCATED TO DETERMINE THAT REMOVAL BENEFITS THE COMMUNITY AND IS IN THE PUBLIC INTEREST AND TO CONSIDER OBJECTIONS TO REMOVAL BEFORE REMOVAL IS APPROVED.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., February 3, 1994
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. 274:
S. 274 -- Senator Rose: A BILL TO AMEND THE CODE LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-615 SO AS TO PROVIDE THAT NO HEARING MAY BE CONDUCTED BY THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES BETWEEN DECEMBER 15 AND THE SUCCEEDING JANUARY 15; AND TO AMEND SECTION 24-21-645, AS AMENDED, RELATING TO PAROLE, SO AS TO PROVIDE FOR A HEARING EVERY FIVE YEARS FOR A PERSON CONVICTED OF A VIOLENT CRIME.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. WELLS, from the Spartanburg Delegation, submitted a favorable report, on:
H. 4328 -- Reps. D. Wilder and Rudnick: A BILL TO AMEND ACT 768 OF 1973, AS AMENDED, RELATING TO THE GLENN SPRINGS-PAULINE RURAL FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE DEBT AUTHORIZATION FOR THE DISTRICT FROM FIFTY THOUSAND DOLLARS TO TWO HUNDRED FIFTY THOUSAND DOLLARS AND TO PROVIDE THAT THIS INCREASE MAY NOT RESULT IN A FEE OR PROPERTY TAX INCREASE WITHOUT A FAVORABLE VOTE OF THE QUALIFIED ELECTORS RESIDING IN THE DISTRICT IN A REFERENDUM HELD ON THE QUESTION OF SUCH AN INCREASE.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, Rep. McABEE, for the minority, submitted an unfavorable report, on:
H. 3572 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.
Ordered for consideration tomorrow.
The following was introduced:
H. 4694 -- Reps. J. Brown, Anderson, Byrd, Beatty, Hines, Kennedy, Moody-Lawrence, McMahand, Whipper, Williams, Breeland, Canty, Govan, Inabinett, Cobb-Hunter, Neal, Scott, and White: A HOUSE RESOLUTION EXTENDING TO THE STUDENTS FROM SOUTH CAROLINA STATE UNIVERSITY WHO ARE PARTICIPATING IN THE INTERNSHIP PROGRAM WITH THE SOUTH CAROLINA LEGISLATIVE BLACK CAUCUS ACCESS TO THE FLOOR OF THE HOUSE OF REPRESENTATIVES FOR THE DURATION OF THEIR PARTICIPATION IN THE PROGRAM.
The Resolution was ordered referred to the Committee on Rules.
On motion of Rep. HODGES, with unanimous consent, the following was taken up for immediate consideration:
H. 4695 -- Rep. Hodges: A CONCURRENT RESOLUTION TO PROVIDE THAT THE HOUSE OF REPRESENTATIVES AND SENATE SHALL MEET IN THE HALL OF THE HOUSE ON WEDNESDAY, FEBRUARY 23, 1994, AT 12:00 NOON TO ELECT A SUCCESSOR TO THE HONORABLE DAVID W. HARWELL, CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1994; TO ELECT A SUCCESSOR TO THE HONORABLE WILLIAM H. BALLENGER, CIRCUIT COURT JUDGE OF THE TENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1994; TO ELECT A SUCCESSOR TO THE HONORABLE THOMAS B. BARRINEAU, JR., FAMILY COURT JUDGE OF THE SIXTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1996; AND TO ELECT A CHIEF JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION FROM SEAT 1 AND JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION FROM SEATS 2 AND 3.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, February 23, 1994, at 12:00 noon to elect a successor to the Honorable David W. Harwell, Chief Justice of the South Carolina Supreme Court whose term expires July 31, 1994; to elect a successor to the Honorable William H. Ballenger, circuit court judge of the Tenth Judicial Circuit whose term expires June 30, 1994; to elect a successor to the Honorable Thomas B. Barrineau, Jr., family court judge for the Sixth Judicial Circuit whose term expires June 30, 1996; to elect the Chief Judge of the Administrative Law Judge Division from Seat 1 whose initial term shall be for five years to begin March 1, 1994; to elect a judge of the Administrative Law Judge Division from Seat 2 whose initial term shall be for three years to begin March 1, 1994; and to elect a judge of the Administrative Law Judge Division from Seat 3 whose initial term shall be for one year to begin on March 1, 1994.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4683 -- Reps. Hodges and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-315 SO AS TO PROVIDE A PROCEDURE FOR EARLY VOTING; AND TO AMEND SECTIONS 7-15-320 AND 7-15-340, BOTH AS AMENDED, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS WHO DESIRE TO VOTE EARLY BY PERSONAL APPEARANCE IN STATEWIDE ELECTIONS AND THEIR NOMINATING PRIMARIES.
Referred to Committee on Judiciary.
H. 4684 -- Reps. Scott, Inabinett, Beatty, Cobb-Hunter, J. Brown, Byrd, Neal, Breeland, Williams and White: A BILL TO AMEND CHAPTER 37, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAXES, BY ADDING ARTICLE 23 SO AS TO ENACT THE INCOME TAX CREDIT FOR PROPERTY TAX RELIEF ACT.
Referred to Committee on Ways and Means.
H. 4685 -- Reps. Neal, Kelley, Hallman, Inabinett, Baxley, McMahand, Govan, Neilson, Scott, Hines, Littlejohn, Breeland, Whipper, Phillips, R. Smith, Allison, Jennings, A. Young, Kinon, Beatty, Waites, Lanford, Anderson, Byrd, Gamble, Harrelson, Meacham, Wells, Canty, Moody-Lawrence, Stille, D. Wilder, Spearman, Stuart, Jaskwhich, Richardson, Rudnick, Thomas and McTeer: A BILL TO AMEND SECTIONS 37-2-201 AND 37-3-201, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO LIMIT THE CREDIT SERVICE CHARGED FOR CONSUMER CREDIT SALES AND THE LOAN FINANCE CHARGE FOR CONSUMER LOANS OTHER THAN SUPERVISED LOANS TO THIRTY-FIVE PERCENT.
Referred to Committee on Labor, Commerce and Industry.
H. 4686 -- Reps. Hodges and McElveen: A BILL TO AMEND SECTION 7-13-810, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE MANAGERS OF ELECTIONS, SO AS TO ADD A PROVISION WHICH WOULD AUTHORIZE ANY CANDIDATE TO PROTEST AN ELECTION IN WHICH HE IS A CANDIDATE PURSUANT TO THE PROVISIONS OF SECTION 7-17-30, WHEN THE PROTEST IS BASED IN WHOLE OR IN PART ON EVIDENCE DISCOVERED AFTER THE ELECTION, AND PROVIDE WHAT THIS EVIDENCE MAY INCLUDE.
Referred to Committee on Judiciary.
H. 4687 -- Reps. Hodges and McElveen: A BILL TO AMEND SECTION 7-15-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH ABSENTEE VOTING, SO AS TO DELETE THE DEFINITIONS "MEMBERS OF THE ARMED FORCES OF THE UNITED STATES", "MEMBERS OF THE MERCHANT MARINE OF THE UNITED STATES", "STUDENTS", AND "PHYSICALLY DISABLED PERSON"; TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO QUALIFICATIONS FOR VOTING BY ABSENTEE BALLOT, SO AS TO DELETE THE SPECIFIC QUALIFICATIONS AND PROVIDE THAT A PERSON ONLY NEED FOLLOW THE PROVISIONS OF ARTICLE 5, CHAPTER 15, TITLE 7 TO QUALIFY TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO ADD A REQUIREMENT THAT MEMBERS OF THE ARMED FORCES AND MERCHANT MARINES OF THE UNITED STATES, THEIR SPOUSES AND DEPENDENTS RESIDING WITH THEM ARE PERMITTED TO USE STANDARD FORM 76 OR ANY SUBSEQUENT FORM REPLACING IT; TO AMEND SECTION 7-15-340, AS AMENDED, RELATING TO THE FORM REQUIRED FOR APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE SPECIFIC QUALIFICATIONS REQUIRED PURSUANT TO THE PROVISIONS OF SECTION 7-15-320 WHICH HAVE BEEN DELETED BY THIS ACT, REQUIRE IDENTIFYING INFORMATION ON A FORM PRESCRIBED BY THE EXECUTIVE DIRECTOR AND AN OATH STATING THAT THE APPLICANT IS QUALIFIED TO VOTE AND HAS NOT VOTED DURING THE ELECTION FOR WHICH THE APPLICATION FOR ABSENTEE BALLOT IS SOUGHT; TO AMEND SECTION 7-15-360, RELATING TO THE FURNISHING OF BALLOTS AND ENVELOPES TO THE BOARD OF REGISTRATION OF EACH COUNTY BY THE COMMISSIONERS OF ELECTION OF COUNTY OR THE COUNTY COMMITTEE FOR EACH POLITICAL PARTY, SO AS TO DELETE REFERENCES TO THE COUNTY COMMITTEE FOR EACH COUNTY; TO AMEND SECTION 7-15-410, RELATING TO THE ESTABLISHMENT OF AN ABSENTEE VOTING PRECINCT, SO AS TO DELETE REFERENCES TO THE COUNTY COMMITTEE FOR EACH POLITICAL PARTY BEING RESPONSIBLE FOR CERTAIN ELECTION FUNCTIONS; TO AMEND SECTION 7-15-430, RELATING TO THE REQUIREMENT THAT AN ABSENTEE VOTER MUST BE NOTED ON THE REGISTRATION LISTS, SO AS TO DELETE REFERENCES TO COUNTY COMMITTEES; TO AMEND SECTION 7-15-450, AS AMENDED, RELATING TO THE APPLICATION OF ARTICLE 7, CHAPTER 15, TITLE 7, SO AS TO DELETE REFERENCES TO POLITICAL PARTIES AND ANY OTHER AUTHORITIES HOLDING A PRIMARY OR CONDUCTING AN ELECTION AND THAT THE ARTICLE APPLIES TO ANY AUTHORITY CONDUCTING AN ELECTION; AND TO REPEAL SECTIONS 7-15-250, 7-15-260, AND 7-15-395 RELATING TO THE DUTIES OF, AND EXPENSES INCURRED BY, COUNTY COMMITTEES AND POLITICAL PARTIES IN CONDUCTING PRIMARY ELECTIONS.
Referred to Committee on Judiciary.
H. 4688 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XVI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO AMENDMENT AND REVISION OF THE CONSTITUTION, SO AS TO PROVIDE THAT FOR ANY GENERAL ELECTION RATHER THAN JUST FOR THE 1990 GENERAL ELECTION, REVISION OF AN ENTIRE ARTICLE OR THE ADDITION OF A NEW ARTICLE MAY BE PROPOSED AS A SINGLE AMENDMENT WITH ONLY ONE QUESTION BEING REQUIRED TO BE SUBMITTED TO THE ELECTORS.
Referred to Committee on Judiciary.
H. 4689 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO REQUIRE MEMBERS OF THE HOUSE AND SENATE TO BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS, TO REQUIRE REAPPORTIONMENT OF THESE ELECTION DISTRICTS EVERY TEN YEARS, TO PROVIDE THAT THE AGE REQUIREMENTS OF SENATORS AND REPRESENTATIVES AS CONTAINED IN THE CONSTITUTION ARE AS OF THE TIME THEIR TERM OF OFFICE BEGINS, TO PROVIDE THAT THE MEMBERS OF THE GENERAL ASSEMBLY SHALL RECEIVE AN ANNUAL SALARY AND ALLOWANCES AS PRESCRIBED BY LAW AND THAT ADDITIONAL SALARY AND ALLOWANCES MAY BE PROVIDED FOR SPECIAL SESSIONS, TO PROVIDE THAT EACH HOUSE OF THE GENERAL ASSEMBLY SHALL NOT JUDGE THOSE QUALIFICATIONS OF ITS OWN MEMBERS WHICH ARE SET OUT IN THE CONSTITUTION, TO REVISE THE IMMUNITY OF THE MEMBERS OF THE GENERAL ASSEMBLY FROM CIVIL PROCESS OR CRIMINAL ARREST FOR CERTAIN OFFENSES DURING THEIR ATTENDANCE AT THE GENERAL ASSEMBLY, TO AUTHORIZE EITHER HOUSE TO PROVIDE BY RULE FOR THE SECOND READING OF BILLS AND JOINT RESOLUTIONS "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES THEREOF TO EACH MEMBER, TO REQUIRE A ROLL CALL VOTE IN ALL ELECTIONS BY THE GENERAL ASSEMBLY OR EITHER HOUSE THEREOF EXCEPT UPON UNANIMOUS CONSENT TO DISPENSE WITH THE ROLL CALL, TO REQUIRE THE PROCEEDINGS OF EACH HOUSE TO BE PUBLIC EXCEPT WHEN TWO-THIRDS OF THE MEMBERS PRESENT IN EITHER HOUSE VOTE TO HAVE A CLOSED SESSION, TO PROVIDE THAT ANY VACANCY IN THE GENERAL ASSEMBLY WHERE THE UNEXPIRED TERM IS LESS THAN ONE YEAR MAY BE FILLED AS PROVIDED BY GENERAL LAW, TO DELETE OBSOLETE LANGUAGE PROHIBITING THE MARRIAGE OF PERSONS OF A CERTAIN RACE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE CODIFICATION OF THE LAWS OF THIS STATE AND FOR KEEPING THE CODIFICATION UP TO DATE.
Referred to Committee on Judiciary.
H. 4690 -- Reps. Gamble, Stuart, Wright and Riser: A BILL TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DECREASE FROM FIVE TO FOUR THE TERMS OF A MEMBER OF THE COMMISSION, AND PROVIDE THAT A MEMBER MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS; TO PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR THE NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD.
On motion of Rep. GAMBLE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.
Without reference.
H. 4692 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-13-80 SO AS TO PROVIDE FOR CERTAIN DEDUCTIONS FROM AN INMATE'S ACCOUNT FOR DESTRUCTION OF PROPERTY, MEDICAL TREATMENT, AND OTHER CAUSES, AND TO PROVIDE CERTAIN EXCEPTIONS FOR MEDICAL COSTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4693 -- Rep. Cromer: A BILL TO AMEND SECTION 6-7-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ZONING ORDINANCES AND EXCEPTIONS FOR HOUSING FOR HANDICAPPED PERSONS, SO AS TO PROVIDE THAT THE ORDINANCES APPLY IF THE HOME IS PART OF A REHABILITATION OR TRANSITIONAL LIVING PROGRAM FOR PERSONS WITH PRIOR CRIMINAL RECORDS; AND TO AMEND SECTION 31-21-70, RELATING TO APPLICATIONS OF THE FAIR HOUSING LAW, SO AS TO PERMIT CONDUCT AGAINST A PERSON WITH A PRIOR CRIMINAL RECORD.
Referred to Committee on Labor, Commerce and Industry.
H. 4696 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1254, SO AS TO PROVIDE A TAX CREDIT FOR ELECTRIC UTILITIES TO CONVERT OVERHEAD ELECTRIC TRANSMISSION OR DISTRIBUTION LINES TO UNDERGROUND SERVICE AND TO INSTALL NEW ELECTRIC UNDERGROUND SERVICE FOR THE BEAUTIFICATION OR CONSERVATION OF THE ENVIRONMENT.
Referred to Committee on Ways and Means.
H. 4697 -- Reps. Gamble, Stuart, Shissias, Wright, Riser and Koon: A BILL TO AMEND SECTION 44-20-378, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF A COUNTY BOARD OF DISABILITIES AND SPECIAL NEEDS, SO AS TO LIMIT A MEMBER OF THE BOARD TO TWO CONSECUTIVE TERMS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1020 -- Senators J. Verne Smith and Russell: A BILL TO AMEND SECTIONS 4-3-280 AND 4-3-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOUNDARIES OF GREENVILLE AND SPARTANBURG COUNTIES, SO AS TO CORRECT A CLERICAL ERROR IN THE DESCRIPTION OF THE BOUNDARY LINE BETWEEN THE COUNTIES.
Referred to Committee on Judiciary.
S. 1105 -- Senator Leatherman: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE FLORENCE COUNTY VISITOR INFORMATION CENTER.
Referred to Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, J. Baker Barber Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Corning Cromer Davenport Delleney Fair Farr Fulmer Gamble Govan Graham Harrell Harris, J. Harris, P. Harwell Haskins Hines Hodges Holt Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Keyserling Kinon Kirsh Koon Lanford Law Littlejohn Marchbanks Mattos McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Wright Young, A.
I came in after the roll call and was present for the Session on Tuesday, February 8.
William S. Houck, Jr. Morgan Martin Harry M. Hallman, Jr. Daniel T. Cooper Harold G. Worley Roger M. Young Larry L. Elliott Joseph T. McElveen, Jr. Douglas Jennings, Jr. John G. Felder E.B. McLeod, Jr. George H. Bailey C. Lenoir Sturkie James H. Harrison Eugene C. Stoddard
LEAVES OF ABSENCE
The SPEAKER granted Reps. KLAUBER and HARRELSON a leave of absence for the day.
I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, February 8.
James S. Klauber
Announcement was made that Dr. Kathryn Barden of Rock Hill is the Doctor of the Day for the General Assembly.
Rep. FARR moved to adjourn debate upon the following Bill until Tuesday, March 1, which was adopted.
H. 4226 -- Rep. Farr: A BILL TO ESTABLISH A GOVERNING BODY FOR THE BUFFALO FIRE DISTRICT IN UNION COUNTY AND PROVIDE A PROCEDURE FOR THEIR ELECTION.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
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.
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.
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.
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".
Rep. KIRSH explained the Bill.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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. COOPER moved to adjourn debate upon the following Bill until Tuesday, February 15, which was adopted.
H. 4124 -- Rep. Gonzales: A BILL TO AMEND SECTION 5-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDINANCES FOR UPKEEP OF PROPERTY IN A MUNICIPALITY, SO AS TO PROVIDE THAT THE COST TO THE MUNICIPALITY FOR CORRECTING PROPERTY CONDITIONS IS A LIEN WITH THE SAME PRIORITY AS MUNICIPAL TAXES.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, February 9, 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 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.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Askins Baker Baxley Boan Brown, H. Carnell Cato Chamblee Cooper Cromer Delleney Fair Farr Gamble Graham Hallman Harrell Harris, J. Harris, P. Harwell Haskins Hodges Holt Houck Hutson Inabinett Jaskwhich Jennings Keegan Keyserling Kinon Kirsh Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McTeer Meacham Moody-Lawrence Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stone Stuart Thomas Tucker Vaughn Waites Waldrop Walker Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Brown, G. Brown, J. Davenport
Having failed to receive the necessary two-thirds vote, the Joint Resolution was given a second reading and ordered to third reading.
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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 24, Article V of the Constitution of this State be amended to read:
"There shall be elected in each county by the electors thereof a clerk of the circuit court, a sheriff, and a coroner; and in each judicial circuit a solicitor shall be elected by the electors thereof. All of these officers shall serve for terms of four years and until their successors are elected and qualify. The General Assembly shall provide by law for their duties and compensation. The General Assembly may also may provide by law for the age and qualifications of sheriffs and coroners, and the selection, duties, and compensation of other appropriate officials to enforce the criminal laws of the State, to prosecute persons under these laws, and to carry on the administrative functions of the courts of the State. The Attorney General shall be the chief prosecuting officer of the State with authority to supervise the prosecution of all criminal cases in courts of record."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 24 of Article V of the Constitution of this State be amended so as to provide that the General Assembly may provide by law for the age and qualifications of coroners?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Rep. HODGES explained the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, J. Baker Barber Baxley Beatty Boan Breeland Brown, H. Brown, J. Byrd Canty Carnell Cato Chamblee Clyborne Cromer Davenport Delleney Farr Gamble Hallman Harrell Harris, P. Harwell Haskins Hines Hodges Holt Houck Hutson Inabinett Jaskwhich Jennings Keegan Kennedy Keyserling Kinon Kirsh Koon Lanford Law Marchbanks Martin Mattos McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Robinson Rogers Rudnick Scott Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Tucker Vaughn Waites Waldrop Walker Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Wofford Worley Wright Young, A.
Those who voted in the negative are:
Fair Trotter
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
The following Bill was taken up.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15670AC.94).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 20-7-600(D) of the 1976 Code, as last amended by Act 571 of 1990, is further amended to read:
"(D) 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; however, the record of a child is open to public inspection if the record pertains to a violent crime as defined in Section 16-1-60 or to a crime in which an illegal weapon was used or to distribution or trafficking in unlawful drugs as defined in Title 44, Chapter 53, Article 3, or to an alcohol related offense for which the penalty is more than one year."
SECTION 2. Section 20-7-770 of the 1976 Code, as last amended by Act 181, Section 285 of 1993, is further amended to read:
"Section 20-7-770. Notwithstanding the right of a person to petition the family court pursuant to Section 20-7-780 for the release of a person's record of juvenile adjudications, upon the request of the Attorney General or a circuit solicitor which is made pursuant to a current criminal investigation or prosecution, the Department of Juvenile Justice 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 violent crime as defined in Section 16-1-60, for a crime in which an illegal weapon was used, for distribution or trafficking in unlawful drugs as defined in Title 44, Chapter 53, Article 3, or for an alcohol related offense for which the penalty is more than one year. A person with a record for an adjudicated violent crime must have his juvenile criminal record maintained by the Department of Juvenile Justice for at least ten years after the date of the violent offense adjudication. The juvenile record of a person must be maintained by the Department of Juvenile Justice for the same period as for offenses committed by an adult when the offense is one for which the record must be provided pursuant to this section."
SECTION 3. Section 20-7-780 of the 1976 Code, as last amended by Act 181, Section 286 of 1993, is further amended to read:
"Section 20-7-780. (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. All information obtained and social records prepared in the discharge of official duty by an employee of the court or Department of Juvenile Justice is confidential and must not be disclosed directly or indirectly to anyone, other than the judge or others entitled under this chapter to receive this information unless otherwise ordered by the judge. However, these records are open to inspection without the consent of the judge where the records:
(1) are necessary to defend against an action initiated by a juvenile.; or
(2) pertain to:
(a) a violent crime as defined in Section 16-1-60;
(b) a crime in which an illegal weapon was used;
(c) distribution or trafficking in unlawful drugs as defined in Title 44, Chapter 53, Article 3; or
(d) an alcohol related offense for which the penalty is more than one year.
(B) The When a juvenile is charged with a violent crime as defined in Section 16-1-60 or with a crime in which an illegal weapon was used, the Department of Juvenile Justice, if requested, shall provide the victim of a violent the crime, as defined in Section 16-1-60, 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 with information concerning 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 made public by a newspaper, radio, or television station except as authorized by order of the court or if the juvenile is charged with a violent crime as defined in Section 16-1-60 or with a crime in which an illegal weapon was used or with distribution or trafficking in unlawful drugs as defined in Title 44, Chapter 53, Article 3 or to an already related offense for which the penalty is more than one year.
(C) A juvenile charged with committing a violent an offense as defined in Section 16-1-60, or charged with committing grand larceny of a motor vehicle, may 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) grand larceny of a motor vehicle;
(3) a crime in which an illegal weapon was used; or
(4) distribution or trafficking in unlawful drugs as defined in Title 44, Chapter 53, Article 3; or
(5) an alcohol related offense for which the penalty is more than one year.
A juvenile charged with committing a nonviolent an offense other than those enumerated above in this subsection or a status offense must may not be fingerprinted by law enforcement except upon order of a family court judge. The fingerprint records of a juvenile must may be kept separate from the fingerprint records of adults. The fingerprint records of a juvenile must may not be transmitted to the files of the State Law Enforcement Division or to 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, or for grand larceny of a motor vehicle, for a crime in which an illegal weapon was used, for distribution or trafficking in unlawful drugs as defined in Title 44, Chapter 53, Article 3, or for an alcohol related offense for which the penalty is more than one year. The fingerprint records of a juvenile who is not adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60, or for grand larceny of a motor vehicle, for a crime in which an illegal weapon was used, for distribution or trafficking in unlawful drugs as defined in Title 44, Chapter 53, Article 3, or for an alcohol related offense for which the penalty is more than one year, upon notification to law enforcement, must be destroyed or otherwise expunged by the law enforcement agency who took the juvenile into custody. The Department of Juvenile Justice may fingerprint and photograph a juvenile upon commitment to a juvenile correctional institution. Fingerprints and photographs taken by the Department of Juvenile Justice remain confidential and must may 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 or assisting the Missing Persons Information Center in the location or identification of a missing or runaway child or except as otherwise provided for in this section."
SECTION 4. Section 20-7-1335 of the 1976 Code, as added by Act 108 of 1987, is amended to read:
"Section 20-7-1335. (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, or charged with, or adjudicated delinquent for having committed a status offense or a nonviolent criminal offense, not prohibited in subsection (C) from being expunged, may petition the family court for an order destroying all official records relating to his being taken into custody, the charges filed against him, his the adjudication, and the 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 his these records destroyed is at least eighteen years of age, has fully and successfully completed any dispositional sentence imposed upon him, and has neither been charged nor is not currently charged with committing any additional criminal offenses.
(B) For purposes of this section, an adjudication is considered a previous adjudication only if it occurred prior to before the date the subsequent offense was committed.
(C) Under no circumstances is a person allowed to expunge from his record an adjudication for having committed a violent crime, as that term is defined in Section 16-1-60, for a criminal offense in which an illegal weapon was used, for distribution or trafficking in unlawful drugs as defined in Title 44, Chapter 53, Article 3, or for an alcohol related offense for which the penalty is more than one year unless the person is not more than twenty-five years of age and has not been adjudicated delinquent or convicted of an offense described in this subsection within the preceding six years.
(D) If the order is granted by the court, no evidence of the records may be retained by any a law enforcement agency or by any a 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 he the person occupied before he was 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 his the person's failure to recite or acknowledge the charge or adjudication in response to an inquiry made of him the person for any purpose."
SECTION 5. Section 20-7-3300 of the 1976 Code, as last amended by Act 181, Section 328 of 1993, is further amended to read:
"Section 20-7-3300. (A) Records and information of the department pertaining to juveniles are confidential as provided in Section 20-7-780. However, 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 information and records to another department, or agency, or school district of state or local government, or to a school district or to a private institution or facility licensed by the State as a child serving organization, where the information is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. If requested, records a juvenile has been adjudicated and committed to the Department of Juvenile Justice for having committed a violent crime, as defined in Section 16-1-60, for a crime in which an illegal weapon was used, for distribution or trafficking in unlawful drugs as defined in Title 44, Chapter 53, Article 3, or for an alcohol related offense for which the penalty is more than one year, the record and information provided to a public or private school by the Department of Juvenile Justice 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, the unlawful use of possession of a weapon, assault and battery of a high and aggravated nature, or the unlawful sale of drugs whether or not it is considered to be drug trafficking, a copy of, and, if requested, information pertaining to that person's juvenile criminal record. A request for information must be in writing from the principal of the school the juvenile is attending or seeking to attend and must contain the juvenile's name, address, and social security number as contained in the records of the school district. If a juvenile has been adjudicated and committed to the Department of Juvenile Justice for such an offense, the person's juvenile criminal record must be provided by the Department of Juvenile Justice to the principal of the school which the juvenile is eligible to attend immediately upon the person's release from the Department of Juvenile Justice. 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 considered 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."
SECTION 6. All references in this act to a violent crime as defined in Section 16-1-60 of the 1976 Code is the definition existing on this act's effective date or the definition as may be amended after this act's effective date.
SECTION 7. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. MARTIN explained the amendment.
Rep. SHEHEEN spoke upon the amendment.
Rep. SCOTT 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 statewide day.
The SPEAKER Pro Tempore sustained the Point of Order.
Rep. HODGES moved to reconsider the vote whereby the following Joint Resolution was given a second reading but failed to receive the necessary two-thirds vote was taken up and agreed to.
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.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 18, Article III of the Constitution of this State be amended to read:
"Section 18. No bill or joint resolution shall have the force of law until it shall have has been read three times and on three several different days in each house, has had the Great Seal of the State affixed to it, and has been signed by the President of the Senate and the Speaker of the House of Representatives:; provided, that either branch house of the General Assembly may provide by rule for a first and third reading of any bill or joint resolution by its title only; provided, further, that either house 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."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"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?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, J. Baker Barber Baxley Boan Breeland Brown, H. Carnell Cato Chamblee Cobb-Hunter Cromer Delleney Elliott Fair Felder Fulmer Gamble Graham Hallman Harrell Harris, J. Harris, P. Harvin Harwell Haskins Hines Hodges Holt Houck Hutson Jaskwhich Keegan Kelley Kinon Kirsh Koon Lanford Littlejohn Marchbanks Martin Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Richardson Riser Robinson Rogers Rudnick Sheheen Shissias Simrill Smith, R. Snow Spearman Stille Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Wells Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Young, A. Young, R.
Those who voted in the negative are:
Byrd Davenport
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
I intended not to vote nay as I intended to refrain from voting.
Rep. ALMA W. BYRD
The following Bill was taken up.
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.
Rep. WRIGHT 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 statewide day.
The SPEAKER Pro Tempore sustained the Point of Order.
Rep. WALDROP moved that the House do now adjourn, which was adopted.
At 12:57 P.M. the House in accordance with the motion of Rep. SHARPE adjourned in memory of Carrol H. Warner of Aiken County, to meet at 2:00 P.M. tomorrow.
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