Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Thank You, Lord, for work to do and strength with which to do it. Show us clearly what our duty is and keep us faithful in doing it. Endow us with enthusiasm to attempt worthwhile things, and patience to see them through. Teach us that all our time is a gift from You, and that we are to use it well. May we conduct ourselves so that at the end of each day there is nothing to hide from You and nothing for which we cannot be thankful.
Keep firm within our minds that there is a difference between asking the Lord for help and expecting Him to do the whole job.
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 yesterday, the SPEAKER ordered it confirmed.
Rep. R. SMITH moved that when the House adjourns, it adjourn in memory of Rev. James Charles Sharpe of Hilda, which was agreed to.
On motion of Rep. R. SMITH, the House stood in silent prayer in memory of Rev. James Charles Sharpe, father of Rep. CHARLES SHARPE.
The following was received.
Columbia, S.C., February 9, 1994
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 2:10 P.M. today for the purpose of Ratifying House Bill 4333.
Very respectfully,
President
On motion of Rep. STUART the invitation was accepted.
At 2:10 P.M. the House attended in the Senate Chamber, where the following Act was duly ratified.
(R287) H. 4333 -- Reps. Sheheen, Snow, Rudnick and Stuart: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-15 SO AS TO ESTABLISH THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 1994 GENERAL ELECTION, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT, AND TO REPEAL SECTION 2-1-10 RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED SUBJECT TO CERTAIN CONDITIONS.
At 2:17 P.M. the House resumed, the SPEAKER in the Chair.
Rep. WILLIAMS from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
Invitation of South Carolina American Physical Therapy Association, Inc., for coffee and juice, February 23, 1994, at 9:00 A.M. in the Lower Lobby of the State House.
The invitation was accepted.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4464 -- Rep. Waldrop: A BILL TO AMEND SECTION 24-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN PRISON-MADE PRODUCTS ON THE OPEN MARKET, SO AS TO PERMIT THE SALE OF HOGS.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4545 -- Reps. Kirsh, Haskins, Harvin, Davenport, Robinson, Barber, Vaughn, Wells and Snow: A BILL TO AMEND SECTION 23-6-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HIGHWAY PATROL DIVISION AND THE STATE POLICE DIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY AND THE REQUIREMENT FOR FILING, AMONG OTHER THINGS, A DESCRIPTION AND ILLUSTRATION OF THE OFFICIAL HIGHWAY PATROL UNIFORM, SO AS TO DELETE THE REQUIREMENT THAT THESE FILINGS BE MADE WITH THE SECRETARY OF STATE.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4473 -- Reps. Snow, Law and Riser: A BILL TO AMEND SECTION 24-13-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE WORK RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED A VIOLENT CRIME, SO AS TO EXPAND THE LIST OF OFFENSES TO WHICH THIS PROHIBITION APPLIES, AND TO PROVIDE THAT THE SOLICITOR AND SPECIFIC LAW ENFORCEMENT OFFICIALS OF A COMMUNITY SHALL RECEIVE NOTICE OF THE WORK RELEASE INTO THE COMMUNITY OF OFFENDERS WHO HAVE COMMITTED THE CRIME OF CRIMINAL SEXUAL CONDUCT IN ANY DEGREE.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 3358 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-2570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PERMITS TO TAKE GAME ANIMALS DESTROYING PROPERTY OR FOR RESEARCH PURPOSES, SO AS TO PROVIDE AN EXCEPTION FOR THE PERMIT REQUIREMENT.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 3987 -- Reps. Riser, Snow, Rhoad, Inabinett and Witherspoon: A BILL TO AMEND SECTION 50-13-1180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TROTLINES, SO AS TO REVISE THE REQUIREMENTS FOR TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4177 -- Reps. Martin and Worley: A BILL TO AMEND SECTION 50-11-335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BAG LIMIT ON ANTLERED DEER, SO AS TO DELETE THE DAILY LIMIT ON ANTLERED DEER IN GAME ZONE 7.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4040 -- Reps. Riser, Snow, Worley, T.C. Alexander, Rhoad, Kelley, Witherspoon and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4 TO TITLE 47 SO AS TO ESTABLISH THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION BY SETTING FORTH ITS MEMBERSHIP, POWERS, DUTIES, RELATED DEFINITIONS, REQUIREMENTS FOR CERTIFICATES OF VETERINARY INSPECTION, HEALTH PERMITS, QUARANTINE, INDEMNIFICATION, LAW ENFORCEMENT OFFICERS, CRIMINAL AND CIVIL LIABILITY AND PENALTIES, DISPOSITION OF FINES AND FEES, AND ADVISORY COMMITTEES; TO AMEND THE 1976 CODE BY ADDING SECTION 47-19-35 SO AS TO PROVIDE FOR PERMITS FOR ESTABLISHMENTS WHERE POULTRY IS SLAUGHTERED AND WHERE POULTRY FOOD PRODUCTS ARE PACKED; TO AMEND SECTION 47-6-10, RELATING TO THE REFERENCE FOR THE PSEUDORABIES CONTROL AND ERADICATION ACT, SO AS TO PROVIDE FOR THE ACT TO BE ADMINISTERED BY THE COMMISSION; TO AMEND SECTION 47-6-50, RELATING TO IMPORTATION OF SWINE, SO AS TO DELETE THE REFERENCE TO FEEDING OR BREEDING AS IT APPLIES TO IMPORTED SWINE REQUIRED TO BE ACCOMPANIED BY A HEALTH CERTIFICATE, REVISE RELATED REFERENCES, AND CHANGE THE REFERENCE TO STATE VETERINARIAN TO THE COMMISSION; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 47, RELATING TO REGULATION OF STOCKYARDS AND DEALERS IN LIVESTOCK, SO AS TO DELETE SECTIONS 47-11-40 AND 47-11-50 PERTAINING TO PERMIT INSPECTION, REVOCATION, AND DURATION AND ADD SECTION 47-11-85 PERTAINING TO IDENTIFICATION OF ANIMALS SOLD IN A PUBLIC LIVESTOCK MARKET OR EQUINE SALES FACILITY, PROVIDE FOR THE COMMISSION TO ADMINISTER THE ARTICLE, DELETE UNNECESSARY DEFINITIONS, REVISE PERMIT REQUIREMENTS, CHANGE THE REFERENCES TO STATE VETERINARIAN TO COMMISSION, PROVIDE FOR EQUINE SALE AND POULTRY FACILITIES WITHIN THE ARTICLE, REVISE BOND, LIVESTOCK FACILITY, AND RECORD REQUIREMENTS, CHANGE REFERENCES FROM CERTIFICATE OF HEALTH TO CERTIFICATE OF VETERINARY INSPECTION, DELETE PROVISIONS FOR SWINE INOCULATION AGAINST CHOLERA, PROVIDE FOR ESTABLISHMENT OF SLAUGHTER ASSEMBLY POINTS, AND REVISE PROVISIONS FOR INFECTED AND EXPOSED ANIMALS, FOR ENFORCEMENT, AND FOR PENALTIES; TO AMEND SECTION 47-13-10, RELATING TO THE DUTIES OF CLEMSON UNIVERSITY PERTAINING TO DISEASES AND INFECTIONS, SO AS TO DELETE THE UNIVERSITY'S DUTIES AND PROVIDE FOR THE PROVISIONS ON DISEASES AND INFECTIONS TO BE ADMINISTERED BY THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION; TO AMEND SECTION 47-13-20, RELATING TO THE POWERS OF THE STATE VETERINARIAN, SO AS TO CHANGE THE REFERENCE TO STATE VETERINARIAN TO THE COMMISSION AND REVISE RELATED DUTIES; TO AMEND SECTION 47-13-30, RELATING TO EXPENSES OF THE STATE VETERINARIAN, SO AS TO DELETE EXPENSE PROVISIONS AND PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 47-13-110, RELATING TO DISEASED BIOLOGICAL PRODUCTS, SO AS TO REVISE THE LIMITATIONS ON THE POSSESSION, SALE, AND DISTRIBUTION OF THE PRODUCTS; TO AMEND SECTION 47-13-130, RELATING TO APPROPRIATION OF FUNDS TO ERADICATE DISEASES IN ANIMALS AND BIRDS, SO AS TO CHANGE REFERENCES FROM BIRDS TO POULTRY AND FROM CLEMSON UNIVERSITY AND STATE VETERINARIAN TO THE COMMISSION AND DELETE PROVISION FOR EMPLOYMENT BY THE UNIVERSITY; TO AMEND SECTION 47-13-150, RELATING TO THE QUARANTINE AGAINST IMPORTING CERTAIN PORK, SO AS TO REVISE THE QUARANTINE REQUIREMENTS AND PROVIDE FOR THEM TO APPLY TO THE IMPORTATION OF SLAUGHTERED MEAT OR POULTRY; TO AMEND SECTION 47-13-310, RELATING TO ORDERS TO DISINFECT, SO AS TO CHANGE THE REFERENCE TO STATE VETERINARIAN TO COMMISSION AND REVISE THE REQUIREMENTS FOR NOTICE TO PERSONS WITH INFESTED OR INFECTED LIVESTOCK, REQUIREMENTS FOR ACTION BASED ON THE NOTICE, AND PENALTIES; TO AMEND SECTION 47-13-340, RELATING TO THE VENUE OF PROSECUTIONS FOR FAILURE TO DISINFECT ANIMALS EXPOSED TO THE CATTLE TICK FEVER, SO AS TO PROVIDE FOR THE VENUE REQUIREMENTS TO APPLY TO ANIMALS, LIVESTOCK, OR POULTRY INFESTED OR INFECTED WITH OR EXPOSED TO A CARRIER OF AN INFECTIOUS, A CONTAGIOUS, OR A COMMUNICABLE DISEASE; TO AMEND SECTION 47-13-390, RELATING TO THE METHOD OF APPRAISAL OF ANIMALS TO BE KILLED, SO AS TO CHANGE THE REFERENCE TO THE CHAIRMAN OF THE VETERINARY COMMITTEE OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY TO THE COMMISSION; TO AMEND SECTION 47-13-420, RELATING TO EXPENSES OF ANIMAL APPRAISAL, SO AS TO CHANGE THE REFERENCES TO STATE VETERINARIAN AND CLEMSON UNIVERSITY TO THE COMMISSION AND REVISE AUTHORIZED EXPENSES; TO AMEND SECTION 47-13-680, RELATING TO VIOLATIONS PERTAINING TO ANIMALS WITH BRUCELLOSIS, SO AS TO CHANGE THE REFERENCE TO THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY TO THE COMMISSION AND REVISE PENALTIES; TO AMEND SECTION 47-13-690, RELATING TO INDEMNITY FOR INFECTED CATTLE, SO AS TO CHANGE THE REFERENCE TO CLEMSON UNIVERSITY TO THE COMMISSION; TO AMEND SECTION 47-13-880, RELATING TO VIOLATIONS PERTAINING TO ANIMALS WITH TUBERCULOSIS AND PARATUBERCULOSIS, SO AS TO CHANGE THE REFERENCE TO THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY TO THE COMMISSION AND REVISE PENALTIES; TO AMEND SECTION 47-13-1220, RELATING TO THE POWERS AND DUTIES OF CLEMSON UNIVERSITY AND THE STATE VETERINARIAN, SO AS TO CHANGE THE REFERENCES FROM THE LIVESTOCK-POULTRY HEALTH DEPARTMENT OF CLEMSON UNIVERSITY AND STATE VETERINARIAN TO THE COMMISSION AND DELETE THE REFERENCE TO THE POULTRY TECHNICAL COMMITTEE; TO AMEND SECTION 47-13-1230, RELATING TO POULTRY PULLORUM AND TYPHOID REGULATIONS, SO AS TO PROVIDE FOR THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION TO PROMULGATE THE REGULATIONS INSTEAD OF CLEMSON UNIVERSITY AND DELETE PROVISIONS FOR THE POULTRY TECHNICAL COMMITTEE; TO AMEND SECTION 47-13-1240, RELATING TO VIOLATIONS PERTAINING TO POULTRY PULLORUM AND TYPHOID, SO AS TO REVISE PENALTIES; TO AMEND SECTION 47-15-70, RELATING TO THE ADMINISTRATION AND ENFORCEMENT OF THE CHAPTER PERTAINING TO FEEDING GARBAGE TO SWINE, SO AS TO PROVIDE FOR ADMINISTRATION AND ENFORCEMENT BY THE COMMISSION INSTEAD OF CLEMSON UNIVERSITY, DELETE THE PROVISION FOR REGULATIONS, AND INCLUDE THE CHAPTER PERTAINING TO THE COMMISSION IN THE ADMINISTRATION AND ENFORCEMENT; TO AMEND SECTION 47-15-80, RELATING TO VIOLATIONS PERTAINING TO THE CHAPTER ON SWINE, SO AS TO REVISE PENALTIES; TO AMEND SECTION 47-17-20, RELATING TO DEFINITIONS PERTAINING TO THE MEAT AND MEAT FOOD REGULATIONS AND INSPECTION LAW, SO AS TO REVISE THE DEFINITION OF DIRECTOR AND PROVIDE FOR THE LAW TO BE ADMINISTERED BY THE COMMISSION; TO AMEND SECTION 47-17-100, RELATING TO CERTAIN VIOLATIONS PERTAINING TO MEAT AND MEAT FOOD REGULATIONS, SO AS TO REVISE PENALTIES; TO AMEND SECTION 47-17-120, RELATING TO LICENSES FOR ESTABLISHMENTS WHERE ANIMALS ARE SLAUGHTERED OR MEAT IS PACKED, SO AS TO CHANGE THE REFERENCE TO LICENSE TO PERMIT, INCLUDE EQUINE WITHIN THE PERMITTING PROVISIONS, REVISE THE PERMIT FEE AND OTHER REQUIREMENTS, AND DELETE THE AUTHORIZATION FOR CERTAIN REGULATIONS; TO AMEND SECTION 47-19-10, RELATING TO THE CITE TO THE SOUTH CAROLINA POULTRY PRODUCTS INSPECTION ACT OF 1969, SO AS TO PROVIDE FOR THE ACT TO BE ADMINISTERED BY THE COMMISSION; TO AMEND SECTION 47-19-20, RELATING TO DEFINITIONS PERTAINING TO THE 1969 ACT, SO AS TO DELETE THE DEFINITION FOR THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, DEFINE COMMISSION, AND CHANGE THE REFERENCE TO CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DEPARTMENT TO COMMISSION; TO AMEND SECTION 47-19-30, RELATING TO THE STATE AGENCY TO COOPERATE WITH THE SECRETARY OF AGRICULTURE UNDER THE FEDERAL POULTRY PRODUCTS INSPECTION ACT, SO AS TO CHANGE THE REFERENCE TO CLEMSON UNIVERSITY AND ITS LIVESTOCK-POULTRY HEALTH DEPARTMENT AND DIRECTOR TO THE COMMISSION AND CLARIFY THE REFERENCE TO DIRECTOR; TO REPEAL ARTICLE 5, CHAPTER 9, TITLE 47 RELATING TO IMPORTATION OF LIVESTOCK, SECTIONS 47-13-40 RELATING TO QUARANTINE BY THE STATE VETERINARIAN, 47-13-50 RELATING TO LIVESTOCK DISEASE REGULATIONS, 47-13-90 RELATING TO THE HOG CHOLERA VIRUS, 47-13-100 RELATING TO HOG CHOLERA REPORTS, 47-13-120 RELATING TO OBSTRUCTION OF THE STATE VETERINARIAN IN DISCHARGING HIS DUTIES, 47-13-140 RELATING TO EMBARGOES ON IMPORTING LIVESTOCK OR POULTRY; 47-13-330 RELATING TO PENALTIES FOR FAILURE TO DISINFECT ANIMALS EXPOSED TO THE CATTLE FEVER TICK, AND 47-13-350 RELATING TO TREATMENT OR DESTRUCTION OF DISEASED ANIMALS, ARTICLE 9, CHAPTER 13, TITLE 47 RELATING TO HOG CHOLERA, AND SECTION 47-17-110 RELATING TO NOTICE OF VIOLATIONS PERTAINING TO MEAT AND MEAT FOOD REGULATIONS; AND TO REQUIRE THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4071 -- Rep. Jennings: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON IN GAME ZONE 5.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4344 -- Reps. Harwell, Baxley, J. Brown, Cobb-Hunter, Delleney, Gonzales, Harrelson, Harrison, Harvin, Haskins, Jaskwhich, Jennings, Keyserling, Kirsh, Meacham, Neilson, Phillips, Rhoad, Richardson, Snow, Tucker, Waites, Waldrop, D. Wilder, J. Wilder, Wilkes, Corning, Allison, P. Harris, A. Young, Inabinett, Whipper, Rudnick, Stuart and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-17-117 SO AS TO PROVIDE FOR DONATIONS OF REAL AND PERSONAL PROPERTY TO THE HERITAGE TRUST PROGRAM AND FOR RELATED POWERS FOR THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4481 -- Reps. Snow, Inabinett and Riser: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST TAKING STRIPED BASS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE LENGTH OF THE STRIPED BASS PROHIBITION AND THE RESTRICTED AREA IN THE SANTEE RIVER AND PROVIDE FOR A RESTRICTION IN THE TAILRACE CANAL AND THE COOPER AND WANDO RIVERS.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4483 -- Reps. Snow and Riser: A BILL TO AMEND SECTION 50-13-1198, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON HERRING FISHING AT ST. STEPHEN POWERHOUSE, SO AS TO REVISE AN INCORRECT REFERENCE AND REVISE THE SEASON TO WHICH THE LIMITATIONS APPLY.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4501 -- Reps. Snow, McMahand, Baker, Farr, McAbee, Carnell, Townsend, Jaskwhich, Allison, Chamblee, D. Smith, Tucker, Stille, Littlejohn, Cooper, Haskins, Cato, Vaughn, Trotter, Anderson, Fair, T.C. Alexander, Wells, Lanford, Davenport, Phillips, McCraw, Mattos and Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-395 SO AS TO PROVIDE FOR THE ISSUANCE OF ANTERLESS DEER PERMITS IN GAME ZONES 1, 2, AND 4.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
S. 258 -- Senator Drummond: A BILL TO AMEND SECTION 40-69-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS, SO AS TO PROVIDE THAT CONGRESSIONAL DISTRICT NOMINEES FOR APPOINTMENT TO THE BOARD BY THE GOVERNOR MUST BE ELECTED BY VETERINARIANS RESIDING IN THAT DISTRICT; TO AMEND SECTION 40-69-80, RELATING TO LICENSES, SO AS TO DELETE THE REQUIREMENT TO BE OF GOOD MORAL CHARACTER; TO AMEND SECTION 40-69-90, RELATING TO TEMPORARY LICENSES AND FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO AMEND SECTION 40-69-140, RELATING TO GROUNDS TO DENY, SUSPEND, OR REVOKE A LICENSE, SO AS TO DELETE THE USE OF SOLICITORS TO OBTAIN PATRONAGE; TO AMEND SECTION 40-69-430, RELATING TO ANIMAL HEALTH TECHNICIAN CERTIFICATION, SO AS TO DELETE PROVISIONS NO LONGER EFFECTIVE AND REQUIREMENT TO BE OF GOOD PHYSICAL AND MENTAL HEALTH AND GOOD MORAL CHARACTER; TO AMEND SECTION 40-69-440, RELATING TO TEMPORARY CERTIFICATES AND FEES, SO AS TO PROVIDE THESE FEES MUST BE SET IN REGULATION; TO AMEND SECTION 40-69-450, RELATING TO APPLICATIONS FOR EXAMINATIONS AND FEES, SO AS TO DELETE THE REQUIREMENT FOR CERTAIN PERSONAL REFERENCES AND TO PROVIDE THAT THESE FEES MUST BE SET BY REGULATION; TO AMEND SECTION 40-69-460, RELATING TO CONTENTS OF EXAMINATIONS, SO AS TO DELETE PROVISIONS RELATING TO ORAL OR PRACTICAL EXAMINATIONS; TO AMEND SECTION 40-69-480, RELATING TO RENEWAL OF CERTIFICATES AND FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE TEMPORARY FEES UNTIL FEES ARE SET BY THE BOARD IN REGULATION; AND TO REAUTHORIZE THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS FOR SIX YEARS.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
S. 435 -- Senators Jackson, Cork, Thomas, Washington, Ford, Matthews and Courtney: A BILL TO AMEND SECTION 44-95-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF SMOKING IN PUBLIC INDOOR AREAS EXCEPT WHERE A SMOKING AREA IS DESIGNATED, SO AS TO REMOVE THE EXCEPTION FROM DAY CARE CENTERS WHICH ALLOWED SMOKING IN ENCLOSED PRIVATE OFFICES AND TEACHER LOUNGES.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
S. 532 -- Senators Wilson, Bryan, Giese and Thomas: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO PROVIDE THAT LITTER INCLUDES CIGARETTES AND CIGARETTE FILTERS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3667 -- Rep. Harrison: A BILL TO AMEND SECTION 11-35-3245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ARCHITECTS AND ENGINEERS PERFORMING OTHER WORK ON PROJECT CONTRACTS AWARDED UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT CONSTRUCTION MANAGERS PERFORMING CONSTRUCTION MANAGING SERVICES UNDER THESE CONTRACTS ARE ALSO PROHIBITED FROM PERFORMING OTHER WORK, AND TO PROVIDE THAT AN ARCHITECTURAL OR ENGINEERING FIRM, OR A COMBINATION THEREOF, AND A CONSTRUCTION MANAGEMENT FIRM MAY NOT HAVE A VESTED INTEREST IN THE OTHER'S BUSINESS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3949 -- Reps. Wells, Quinn, Cromer, Walker, Allison, D. Smith, J. Wilder, Haskins, Littlejohn, J. Harris, Hines, Neilson and Lanford: A BILL TO AMEND SECTIONS 31-3-340 AND 31-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF COMMISSIONERS TO A HOUSING AUTHORITY CREATED BY A MUNICIPALITY AND THE ORGANIZATION AND OFFICERS OF THE AUTHORITY, SO AS TO PROVIDE FOR THE APPOINTMENT OF TWO ADDITIONAL COMMISSIONERS FROM AN EXTRATERRITORIAL AREA WHEN THE AUTHORITY EXERCISES JURISDICTION IN THAT AREA AND PROVIDE FOR A QUORUM WHEN THE TWO ADDITIONAL COMMISSIONERS ARE ALLOWED TO VOTE ON MATTERS WHICH AFFECT THE AREA FROM WHICH THEY ARE APPOINTED.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4320 -- Reps. Cromer, Walker, Snow and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-10-275 SO AS TO PROVIDE FOR THE IMMEDIATE IMPOUNDMENT OF A MOTOR VEHICLE SUBJECT TO REGISTRATION IN THIS STATE WHICH IS BEING OPERATED WITHOUT INSURANCE, PROVIDE FOR PAYMENT OF THE COSTS OF THE IMPOUNDMENT AND OTHER FINES AND FEES, AND PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4382 -- Rep. J. Bailey: A BILL TO AMEND SECTION 38-73-1425, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE CONCERNING THE SAFE DRIVER DISCOUNT AND PROVIDE THAT THE ESTABLISHING OF A RATE FOR ALL BUSINESS CEDED TO THE FACILITY MUST BE PHASED IN OVER A TWO-YEAR PERIOD IN A PARTICULAR MANNER.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4370 -- Reps. P. Harris, Neilson, Waldrop and Rudnick: A BILL TO AMEND SECTION 27-47-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR EVICTION FROM A MANUFACTURED HOME PARK, SO AS TO MAKE TECHNICAL CORRECTIONS AND TO DELETE AS A GROUND FOR EVICTION TAKING OF THE PARK BY EMINENT DOMAIN.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4386 -- Rep. J. Bailey: A BILL TO AMEND CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 13 SO AS TO ENACT PROVISIONS GOVERNING NONECONOMIC LOSS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4399 -- Reps. J. Bailey and Corning: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT AUTOMOBILE INSURERS MAKE COLLISION AND COMPREHENSIVE COVERAGE AVAILABLE TO ANY INSURED, SO AS TO PROVIDE THAT AN INSURER IS NOT REQUIRED TO WRITE PRIVATE PASSENGER PHYSICAL COVERAGE FOR SPECIFIED TYPES OF VEHICLES, TO PROVIDE THAT A CERTAIN NOTICE MUST BE PROVIDED TO APPLICANTS PURCHASING SINGLE INTEREST COLLISION COVERAGE, TO PROVIDE THAT IN DETERMINING THE PREMIUM RATES TO BE CHARGED ON AUTOMOBILE INSURANCE, IT IS UNLAWFUL TO CONSIDER RACE, COLOR, CREED, RELIGION, NATIONAL ORIGIN, ANCESTRY, LOCATION OF RESIDENCE, OCCUPATION, OR ECONOMIC STATUS, TO PROVIDE AN INSURER OR ITS AGENT SHALL PROVIDE WRITTEN NOTICE TO AN INSURED OF THE REASON HE WAS NOT WRITTEN AT THE BASE RATE, AND TO PROVIDE THAT THE CHIEF INSURANCE COMMISSIONER ANNUALLY SHALL COMPILE A COMPARATIVE STATISTICAL ANALYSIS OF PERSONS FOR WHOM PHYSICAL DAMAGE COVERAGES ARE WRITTEN AND OF PERSONS FOR WHOM PHYSICAL DAMAGE COVERAGES ARE DENIED.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4458 -- Reps. Boan, Hodges, Clyborne and Kirsh: A BILL TO AMEND SECTION 1-30-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO INCLUDE THE SOUTH CAROLINA REAL ESTATE COMMISSION WITHIN THE LIST OF PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS INCORPORATED IN AND ADMINISTERED AS PART OF THE DEPARTMENT AND TO CORRECT CERTAIN REFERENCES TO OTHER PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS UNDER THE DEPARTMENT; TO AMEND SECTIONS 40-57-20, AS AMENDED, 40-57-50, 40-57-80, 40-57-90, AS AMENDED, 40-57-100, AS AMENDED, 40-57-110, AS AMENDED, 40-57-115, 40-57-120, 40-57-140, AS AMENDED, 40-57-155, 40-57-160, AS AMENDED, 40-57-170, AS AMENDED, 40-57-180, 40-57-190, 40-57-200, 40-57-210, AND 40-57-220, AS AMENDED, RELATING TO REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, AND SECTIONS 40-60-20, AS AMENDED, 40-60-50, AS AMENDED, 40-60-60, AS AMENDED, 40-60-100, AS AMENDED, 40-60-120, AS AMENDED, 40-60-160, AS AMENDED, AND 40-60-170, AS AMENDED, RELATING TO THE SOUTH CAROLINA REAL ESTATE APPRAISER REGISTRATION, LICENSE, AND CERTIFICATION ACT, SO AS TO, AMONG OTHER THINGS, ABOLISH THE OFFICE OF REAL ESTATE COMMISSIONER AND DEVOLVE THE POWERS, DUTIES, AND RESPONSIBILITIES OF THAT OFFICE UPON THE REAL ESTATE COMMISSION OR ITS CHAIRMAN OR UPON THE REAL ESTATE APPRAISERS BOARD OR THE BOARD'S CHAIRMAN, DELETE REFERENCES TO THE COMMISSIONER, DELETE CERTAIN OTHER LANGUAGE AND PROVISIONS, PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION SHALL APPOINT ANY EMPLOYEES AS MAY BE NECESSARY TO CARRY OUT THE WORK OF THE COMMISSION, CHANGE THE PROVISIONS OF LAW DEALING WITH APPEALS FROM THE DECISION OF THE COMMISSION IN REFUSING, SUSPENDING, OR REVOKING ANY LICENSE OR IN ISSUING REPRIMANDS UNDER CHAPTER 57, TITLE 40, AND DELETE THE REQUIREMENT THAT THE REAL ESTATE COMMISSION SUPPLY STAFF SUPPORT FOR THE REAL ESTATE APPRAISERS BOARD; AND TO AMEND SECTION 40-73-15, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO CLARIFY REFERENCES TO CERTAIN OF THESE PROFESSIONS AND OCCUPATIONS, INCLUDING REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4495 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-9-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, REINSURANCE CREDITS, AND LIABILITY REDUCTIONS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE INCORPORATED MEMBERS OF THE GROUP DEFINED IN THIS SECTION MUST NOT BE ENGAGED IN ANY BUSINESS OTHER THAN UNDERWRITING AS A MEMBER OF THE GROUP AND ARE SUBJECT TO THE SAME LEVEL OF SOLVENCY REGULATION AND CONTROL BY THE GROUP'S DOMICILIARY REGULATOR AS ARE THE UNINCORPORATED MEMBERS.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3051 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-15 SO AS TO AUTHORIZE MAGISTRATES TO ISSUE AND ENFORCE TEMPORARY RESTRAINING ORDERS OF NOT MORE THAN SIXTY DAYS.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3518 -- Rep. R. Young: A BILL TO AMEND SECTION 30-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITE FOR RECORDING A DEED OR INSTRUMENT IN WRITING, SO AS TO ELIMINATE THE REQUIREMENT OF AN AFFIDAVIT AND ACKNOWLEDGEMENT.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
H. 3608 -- Reps. Sharpe, T.C. Alexander, G. Bailey, Cato, Davenport, Chamblee, Fulmer, Jaskwhich, Carnell, Kennedy, Lanford, Littlejohn, Riser, R. Smith, Townsend, Vaughn, Wells, Wilkins, Wofford, A. Young, Wright, R. Young, Meacham and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, AND TO PROVIDE FOR CURRENT MEMBERS TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3747 -- Reps. Wilkins, Hodges and Huff: A BILL TO AMEND SECTION 61-13-287, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OR GIFT OF BEER, WINE, OR ALCOHOLIC LIQUOR TO A PERSON UNDER TWENTY-ONE YEARS OF AGE, SO AS TO DELETE THE REFERENCES TO GIVING AND CONSUMPTION, PROVIDE FOR THE SECTION TO APPLY TO THE TRANSFER OF POSSESSION, AND REVISE THE EXCEPTIONS.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
H. 3957 -- Rep. Haskins: A BILL TO AMEND SECTION 6-11-1610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A SPECIAL PURPOSE DISTRICT, SO AS TO ADD TO THE DEFINITION A TAX DISTRICT CREATED PURSUANT TO CHAPTERS 9 AND 19 OF TITLE 4.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
H. 4004 -- Reps. Rogers, Kirsh, Baxley, Harvin, Keyserling, Waldrop, Snow, Rudnick, Cobb-Hunter, Waites and J. Bailey: A BILL TO AMEND SECTION 56-5-2910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECKLESS HOMICIDE, SO AS TO INCREASE THE TERM OF IMPRISONMENT.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4056 -- Reps. Rogers, G. Bailey, Hallman, Wofford, Fulmer, Barber, Simrill, Baxley, Harvin, McAbee, Waldrop, Snow, Rudnick, Waites, J. Bailey, Wells, H. Brown and Meacham: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO CREATE THE CRIME VICTIM'S ADVOCATE OF SOUTH CAROLINA AND PROVIDE POWERS AND DUTIES.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4092 -- Reps. Thomas, Rogers, Trotter, Barber, Law, Fulmer, Waites, Corning, Harrison, Gamble, Stuart, P. Harris, Witherspoon, Riser, Inabinett, Wofford, Marchbanks, Stille, Allison, J. Wilder, Kelley, McTeer, Jennings, Cooper, Martin, Lanford, D. Wilder, Keegan, Delleney, McAbee, Graham, McElveen and Klauber: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION, SO AS TO AUTHORIZE THE COURT TO REQUIRE A PERSON DELINQUENT IN MAKING CHILD SUPPORT PAYMENTS TO PAY THE ARREARAGE AND INTEREST ON THE ARREARAGE AS PROVIDED FOR MONEY DECREES AND JUDGMENTS.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4283 -- Reps. Barber, Jennings, Gonzales, Quinn, Harvin, Wells, Wright, Harrison, R. Smith, Fulmer, D. Wilder, Klauber, A. Young and Corning: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, BY ADDING CHAPTER 43 SO AS TO ENACT THE "SOUTH CAROLINA LIMITED LIABILITY COMPANY ACT".
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
H. 4313 -- Reps. Baxley, Haskins and Rudnick: A BILL TO AMEND SECTION 42-17-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AWARDS UNDER THE WORKERS' COMPENSATION LAW, SO AS TO PROVIDE FOR APPEALS TO THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE CLAIMANT RESIDES AND PROVIDE FOR TRANSFER OF ACTIONS TO THE APPROPRIATE VENUE.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4321 -- Reps. Gonzales, Jaskwhich, Harvin and Harrell: A BILL TO AMEND SECTION 5-7-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE JURISDICTION OVER CERTAIN STREETS ALONG WHICH MUNICIPAL BOUNDARIES RUN, SO AS TO PROVIDE THAT POLICE JURISDICTION INCLUDES PROPERTY ADJACENT TO A STREET OR HIGHWAY ALONG WHICH THE BOUNDARY RUNS.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
H. 4356 -- Reps. Wilkins, Allison, Elliott, Gamble, Corning and Harrell: A BILL TO AMEND SECTION 16-13-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, SO AS TO DELETE PROVISIONS ON THE MISDEMEANOR OFFENSE.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
H. 4358 -- Reps. Wilkins, Allison, Elliott and Marchbanks: A BILL TO AMEND SECTION 16-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSES OF FELONIES AND MISDEMEANORS, SO AS TO PROVIDE THAT THE MINIMUM TERM OF IMPRISONMENT DOES NOT APPLY TO MISDEMEANORS LISTED IN SECTION 16-1-100.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
H. 4359 -- Reps. Wilkins, Snow, Fair, Vaughn, Allison, Elliott, Mattos and Marchbanks: A BILL TO AMEND SECTION 16-15-305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBSCENITY, SO AS TO INCREASE THE PENALTY TO CONFORM WITH THE CRIME CLASSIFICATION ACT OF 1993.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, Rep. BEATTY, for the minority, submitted an unfavorable report, on:
H. 4401 -- Reps. Hodges, Jennings, Allison, Wilkes, Rudnick, Delleney and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, CHAPTER 7, TITLE 44 SO AS TO ENACT THE HEALTH CARE COOPERATION ACT OF 1994, WHICH PROVIDES FOR HEALTH CARE COOPERATIVE AGREEMENTS AND FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CERTIFY, REGULATE, AND MONITOR THESE AGREEMENTS.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
H. 4463 -- Rep. Cromer: A BILL TO AMEND SECTION 23-31-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO CARRY A CONCEALED WEAPON, SO AS TO MAKE GRAMMATICAL CHANGES AND TO REPEAL THE BOND REQUIREMENT.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
H. 4512 -- Rep. Wilkins: A BILL TO AMEND SECTION 16-14-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL TRANSACTION CARD THEFT, SO AS TO CONFORM THE PENALTY TO PROVISIONS OF THE CRIME CLASSIFICATION ACT.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
S. 289 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OF VOTING PRECINCTS AND THE ALPHABETICAL DIVISION OF THE PRECINCT LIST, SO AS TO PROVIDE WHERE A PRECINCT HAS MORE THAN SEVEN HUNDRED FIFTY REGISTERED ELECTORS RATHER THAN FIFTEEN HUNDRED ELECTORS THE PRECINCT LIST MUST BE DIVIDED ALPHABETICALLY SO THAT NO LIST CONTAINS MORE THAN SEVEN HUNDRED FIFTY NAMES, AND TO PROVIDE THAT NOTHING IN THIS SECTION PREVENTS THE ALTERATION OF PRECINCTS WHEN THE GENERAL ASSEMBLY OR LOCAL REGISTRATION BOARD CONSIDERS THE ALTERATION ADVISABLE.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 4377 -- Reps. Kirsh, Farr, Walker, D. Wilder, Vaughn, Rudnick, Stille, Simrill,Harvin, Keyserling, Meacham, Delleney and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-905 SO AS TO PROVIDE FOR A PARTIAL REFUND OR CREDIT WHEN THE OWNER OF A MOTOR VEHICLE SO REQUESTS UPON THE SURRENDER OF THE LICENSE PLATE AND REGISTRATION TO THE DEPARTMENT OF REVENUE AND TAXATION IN THE FIRST TWELVE MONTHS OF A BIENNIAL REGISTRATION PERIOD.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 4475 -- Reps. Snow and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-135 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MUST NOTIFY IN WRITING EACH MEMBER OF THE GENERAL ASSEMBLY IN WHOSE HOUSE OR SENATORIAL DISTRICT A HIGHWAY PROJECT IS OR IS TO BE LOCATED WHEN A PUBLIC HEARING OR PUBLIC MEETING CONCERNING THE PROJECT IS TO BE CONDUCTED AT LEAST TEN DAYS PRIOR TO THE HEARING OR MEETING.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4368 -- Reps. P. Harris, Neilson, Waldrop, Baxley, J. Brown, Cromer, Davenport, Delleney, Farr, Gonzales, Harrelson, Harrison, Harvin, Hines, Inabinett, Keegan, Kelley, Kirsh, Littlejohn, Phillips, Rhoad, Rogers, Rudnick, Shissias, D. Smith, Snow, Tucker, Waites, Whipper, D. Wilder, Wilkes, Witherspoon, Keyserling, Breeland, Elliott and Gamble: A BILL TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO INCLUDE COUNTY COUNCILS ON AGING OR THOSE AGENCIES PROVIDING AGING SERVICES FUNDED BY THE OFFICE OF THE GOVERNOR, DIVISION ON AGING.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4460 -- Rep. McTeer: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING PRIOR SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT SERVICE CREDIT MAY BE ESTABLISHED FOR MATERNITY LEAVE AS PROVIDED BY LAW IF THE MEMBER APPLIED FOR REEMPLOYMENT WITHIN TWO YEARS OF GOING ON MATERNITY LEAVE AND WAS REHIRED WITHIN TWO AND ONE-HALF YEARS OF THE BEGINNING OF THE LEAVE.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3475 -- Reps. Baxley, A. Young, Simrill, Kirsh, Stone, Haskins, Neal, Harrison, Quinn, Corning, Riser, Shissias, Hines, Canty, Cato, Wells, Robinson, Meacham and Hutson: A BILL TO AMEND SECTION 4-10-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFERENDUM ON THE QUESTION OF IMPLEMENTING THE LOCAL OPTION ONE PERCENT SALES AND USE TAX WITHIN A COUNTY, SO AS TO DESCRIBE SUCH REFERENDUM AS AN "INITIAL REFERENDUM", PROVIDE THAT IT MUST OCCUR ON THE TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN A GENERAL ELECTION YEAR, AND PROVIDE THAT, FOLLOWING THE INITIAL REFERENDUM, A REFERENDUM FOR IMPLEMENTING THE TAX MUST NOT BE HELD MORE OFTEN THAN ONCE IN FORTY-EIGHT, RATHER THAN TWELVE, MONTHS AND MUST BE SIMILARLY HELD ON THE TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN A GENERAL ELECTION YEAR ONLY.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3157 -- Reps. Byrd, J. Brown, Scott, Jaskwhich, Cobb-Hunter, Phillips, Whipper, Littlejohn, Harwell, McMahand, Anderson, Haskins, White, J. Harris, Hines, Robinson, Kinon, J. Bailey, Neal, Govan, Elliott, Waites, Canty, J. Wilder, Beatty, D. Wilder, Inabinett, R. Young, Harrelson, G. Brown, Breeland, Rudnick and Harvin: A CONCURRENT RESOLUTION AUTHORIZING THE COMMISSIONING OF A PORTRAIT OF MODJESKA MONTEITH SIMKINS TO BE PLACED IN THE STATE HOUSE.
Ordered for consideration tomorrow.
The following was introduced:
H. 4698 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING ERVIN S. DUGGAN, FORMERLY OF CLARENDON COUNTY, ON BEING SELECTED AS PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE PUBLIC BROADCASTING SERVICE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4699 -- Reps. Sharpe, Huff, Rudnick, R. Smith and Stone: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FRIENDS AND FAMILY OF CARROL H. WARNER OF AIKEN COUNTY, WHO DIED SATURDAY, FEBRUARY 5, 1994.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
H. 4700 -- Reps. Koon, M.O. Alexander, Riser and Witherspoon: A CONCURRENT RESOLUTION DESIGNATING THE WEEK OF FEBRUARY 19-26, 1994, AS "FFA WEEK" IN THE STATE OF SOUTH CAROLINA.
Whereas, the FFA and agricultural education provide a strong foundation for the youth of America and the future of agriculture; and
Whereas, the FFA promotes premier leadership, personal growth, and career success among its members; and
Whereas, agricultural education and the FFA ensure a steady supply of young professionals to meet the growing demands in the science, business, and technology of agriculture; and
Whereas, the FFA motto -- "Learning to do, doing to learn, earning to live, living to serve" -- gives direction of purpose to these students who will provide leadership for America; and
Whereas, the FFA performs the valuable service of encouraging cooperation, promoting good citizenship, and inspiring patriotism among its members. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the week of February 19-26, 1994, is designated as "FFA Week" in the State of South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1141 -- Senators Leventis and Land: A CONCURRENT RESOLUTION CONGRATULATING THE SUMTER HIGH SCHOOL MARCHING BAND, DIRECTED BY MR. JOE ALLISON, ON BEING SELECTED A WINNER OF THE PRESTIGIOUS SUDLER SHIELD INTERNATIONAL MARCHING BAND AWARD FOR 1993.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. HODGES, with unanimous consent, the following was taken up for immediate consideration:
S. 1142 -- Senator McConnell: 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 Senate, the House of Representatives 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 returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4701 -- Reps. Stille, Simrill, Richardson, Lanford, Robinson, Davenport, R. Smith, Trotter, D. Wilder and Phillips: A BILL TO AMEND SECTION 57-11-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HIGHWAY FUND, SO AS TO PROVIDE THAT INTEREST ON STATE HIGHWAY FUND MUST BE CREDITED TO THE STATE HIGHWAY FUND.
Referred to Committee on Ways and Means.
H. 4702 -- Reps. J. Brown, Beatty, Cobb-Hunter, Gamble, Stuart, McAbee, Canty, McMahand, Byrd, Govan, Inabinett, Lanford, Whipper, Wells, Keyserling and Hutson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-105 SO AS TO PROVIDE REQUIREMENTS TO RENEW A LICENSE FOR FUNERAL DIRECTORS AND EMBALMERS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4703 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION, CLEMSON UNIVERSITY, RELATING TO THE IMPORTATION OF POULTRY INTO SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1692, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4704 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION, CLEMSON UNIVERSITY, RELATING TO TUBERCULOSIS TESTING OF CATTLE IMPORTED INTO SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1693, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4705 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION, CLEMSON UNIVERSITY, RELATING TO QUARANTINE OF GARBAGE FED SWINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1694, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4706 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-170 SO AS TO PROHIBIT THE DISPARAGEMENT OF PERISHABLE AGRICULTURAL AND AQUACULTURAL FOOD PRODUCTS, DEFINE TERMS, AND PROVIDE FOR AN ACTION FOR DAMAGES AND OTHER APPROPRIATE RELIEF.
Without reference.
H. 4707 -- Rep. Harrison: A BILL TO AMEND ARTICLES 5, 7, 9, AND 11, AS AMENDED, CHAPTER 7, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING BY LOCAL GOVERNMENTS, AND TO ADD ARTICLES 15 AND 17 TO CHAPTER 7 OF TITLE 6 SO AS TO PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING ENABLING LEGISLATION FOR LOCAL GOVERNMENTS; TO MOVE THE PROVISIONS OF CHAPTER 31 OF TITLE 6 AND CHAPTER 23 OF TITLE 5 UNDER CHAPTER 7 OF TITLE 6; TO REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE COUNTY PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5 RELATING TO ZONING AND PLANNING BY MUNICIPALITIES; TO REPEAL ACT 129 OF 1963 RELATING TO THE GREENVILLE COUNTY PLANNING COMMISSION.
Referred to Committee on Judiciary.
H. 4708 -- Reps. J. Wilder, Walker and Baxley: A BILL TO AMEND CHAPTER 5, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTRUCTION OF PUBLIC BUILDINGS FOR ACCESS BY HANDICAPPED PERSONS, SO AS TO ADOPT THE REQUIREMENTS FOR ACCESSIBILITY FOR PEOPLE WITH PHYSICAL DISABILITIES IN THE STANDARD BUILDING CODE AND TO REVISE VARIOUS PROVISIONS IN THIS ARTICLE TO CONFORM; TO REVISE THE EX OFFICIO MEMBERS OF THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN; TO PROVIDE THAT THE BOARD IS EXEMPT FROM REVIEW UNDER CHAPTER 20, TITLE 1; TO PROVIDE THAT THE BOARD IS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION WHICH MUST PROVIDE CERTAIN SERVICES AND FACILITIES; TO AUTHORIZE THE BOARD TO DELEGATE ENFORCEMENT TO COUNTY BUILDING OFFICIALS OR TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO AUTHORIZE A PERSON WHO IS DEPRIVED OF RIGHTS UNDER THIS CHAPTER TO SEEK AN INJUNCTION; AND TO AMEND SECTION 1-20-50, AS AMENDED, RELATING TO DATES FOR TERMINATION OF CERTAIN BOARDS UNDER REVIEW BY THE REORGANIZATION COMMISSION, SO AS TO DELETE THE BOARD FOR BARRIER-FREE DESIGN.
Referred to Committee on Labor, Commerce and Industry.
H. 4709 -- Reps. Phillips, McKay, Kinon and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-9-250 SO AS TO PROVIDE THAT IMPROVEMENTS TO PROPERTY LOCATED WITHIN A FIVE-MILE PERIMETER AROUND A PUBLICLY-OWNED AIRPORT RECEIVING STATE FUNDS MUST BE APPROVED BY THE GOVERNING BODY CHARGED BY LAW WITH THE OPERATION OF THE AIRPORT IF THE IMPROVEMENT CONSTITUTES A HAZARD TO AVIATION.
Referred to Committee on Education and Public Works.
H. 4710 -- Reps. Snow, Cobb-Hunter, Moody-Lawrence, Whipper, Allison, Byrd, A. Young, Waites, J. Harris, Spearman, Gamble, Wells, Rudnick, Stuart, Neilson, Meacham and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750 SO AS TO MAKE IT A FELONY FOR A PERSON TO KNOWINGLY CIRCUMCISE, EXCISE, OR INFIBULATE CERTAIN PARTS OF THE ANATOMY OF A FEMALE WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN YEARS, TO MAKE IT A MISDEMEANOR FOR A PERSON TO KNOWINGLY DENY TO ANY PERSON MEDICAL CARE OR SERVICES OR OTHERWISE DISCRIMINATE AGAINST A PERSON IN THE PROVISION OF MEDICAL CARE OR SERVICES BECAUSE THAT PERSON HAS UNDERGONE OR REQUESTED FEMALE CIRCUMCISION, EXCISION, OR INFIBULATION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4711 -- Rep. Harvin: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND THE ADVISORY COMMITTEE FOR CONTINUING EDUCATION COURSES, SO AS TO ADD TO THE MEMBERSHIP OF THE COMMITTEE ONE REPRESENTATIVE FROM THE SOUTH CAROLINA ASSOCIATION OF HEALTH UNDERWRITERS.
Referred to Committee on Labor, Commerce and Industry.
H. 4712 -- Reps. McLeod, Harwell, Mattos, Corning, Harrison, Cobb-Hunter, Beatty, Moody-Lawrence, Phillips, McCraw, Littlejohn, M.O. Alexander, Walker, Williams and Thomas: A BILL TO AMEND SECTION 11-35-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS UNDER THE PROCUREMENT CODE, SO AS TO PROVIDE THAT ONLY EMERGENCY CONSTRUCTION, MAINTENANCE, AND REPAIR OF BRIDGES, HIGHWAYS, AND ROADS ARE EXEMPT BY THE DEPARTMENT OF TRANSPORTATION.
Referred to Committee on Judiciary.
H. 4713 -- Reps. Harrison, A. Young, Stone, Simrill, Richardson, Corning, Fulmer, Hutson, Canty, J. Bailey, Stille and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-107 SO AS TO PROVIDE THAT NOTWITHSTANDING THE PROVISIONS OF SECTION 2-1-100 A MEMBER OF THE GENERAL ASSEMBLY WHO OFFERS FOR ANY OFFICE FILLED BY AN ELECTION OF THE GENERAL ASSEMBLY MUST EITHER RESIGN HIS SEAT OR WITHDRAW HIS APPLICATION FOR THE OFFICE WITHIN TWENTY-FOUR HOURS OF THE PUBLICATION OF THE SCREENING COMMITTEE REPORT IN THE JOURNAL OF THE HOUSE OF REPRESENTATIVES OR IN THE JOURNAL OF THE SENATE, WHICHEVER IS EARLIER, AND TO PROVIDE THAT HIS FAILURE TO MAKE AN ELECTION WITHIN THE TWENTY-FOUR HOUR PERIOD IS DEEMED A WITHDRAWAL OF THE APPLICATION FOR THE OFFICE SOUGHT, PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM SOLICITING THE VOTE OF ANOTHER MEMBER DURING THE PERIOD BETWEEN THE NOTIFICATION TO THE CANDIDATE OF THE SCREENING COMMITTEE REPORT AND HIS ELECTION TO EITHER SEEK THE OFFICE OR REMAIN IN THE GENERAL ASSEMBLY; AND REPEAL SECTIONS 1-23-525 AND 58-3-24, RELATING TO MEMBERS OF THE GENERAL ASSEMBLY BEING PROHIBITED TO BE ELECTED TO AN ADMINISTRATIVE LAW JUDGE POSITION OR TO THE PUBLIC SERVICE COMMISSION WHILE A MEMBER OF THE GENERAL ASSEMBLY AND FOR A PERIOD OF FOUR YEARS AFTER HE CEASES TO BE A MEMBER OF THE GENERAL ASSEMBLY.
Referred to Committee on Judiciary.
S. 42 -- Senators Passailaigue and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 1 SO AS TO PROVIDE FOR A PRIVATIZATION POLICY BOARD BY SETTING FORTH DEFINITIONS, MEMBERS, AND DUTIES.
Referred to Committee on Ways and Means.
S. 139 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1530 SO AS TO REQUIRE THE COURT TO INCLUDE A SIXTY-DAY NOTICE REQUIREMENT IN A CUSTODY ORDER WHEN A PARENT OR OTHER PERSON INTENDS TO RELOCATE THE PERMANENT RESIDENCE OF A CHILD.
Referred to Committee on Judiciary.
S. 312 -- Senators McConnell and Courtney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1540 SO AS TO PROVIDE FACTORS THE COURT MAY CONSIDER AS CONSTITUTING A SUBSTANTIAL CHANGE OF CIRCUMSTANCES FOR CHANGING CHILD CUSTODY.
Referred to Committee on Judiciary.
S. 338 -- Senators McConnell and Courtney: A BILL TO AMEND SECTION 20-7-852, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT PROCEEDINGS, SO AS TO PROVIDE THAT IN ANY PROCEEDING FOR THE AWARD OF CHILD SUPPORT THERE SHALL BE A REBUTTABLE PRESUMPTION THAT THE AMOUNT REQUIRED BY THE CHILD SUPPORT GUIDELINES IS THE CORRECT AMOUNT TO BE AWARDED AND THAT FINDINGS WHICH REBUT THE GUIDELINES MUST STATE THE AMOUNT OF THE AWARD REQUIRED BY THE GUIDELINES AND A JUSTIFICATION OF WHY THE ORDER VARIES FROM THE GUIDELINES, AND ALSO TO PROVIDE THAT THE COURT MAY CONSIDER THE PASSAGE OF TIME SINCE THE ISSUANCE OF AN EXISTING CHILD SUPPORT ORDER OR THE FINANCIAL IMPOSSIBILITY TO MEET ONE'S CHILD SUPPORT OBLIGATION IN DETERMINING WHETHER A CHANGE IN CIRCUMSTANCES HAS OCCURRED WHICH WOULD REQUIRE A MODIFICATION OF AN EXISTING ORDER.
Referred to Committee on Judiciary.
S. 771 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-525 SO AS TO PROVIDE THAT HOUSING AUTHORITY COMMISSIONERS ARE DEEMED OWNERS OF HOUSING AUTHORITY PROPERTY FOR MATTERS PERTAINING TO OFFENSES AGAINST PROPERTY.
Referred to Committee on Judiciary.
S. 872 -- Senators Moore, Leventis, Greg Smith, Short and Mescher: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE CONDITIONS UNDER WHICH GRANDPARENT VISITATION MAY BE GRANTED.
Referred to Committee on Judiciary.
S. 897 -- Senator Reese: A BILL TO AMEND SECTION 16-3-1070, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING, SO AS TO INCREASE THE PENALTIES.
Referred to Committee on Judiciary.
S. 907 -- Senators Passailaigue, McConnell and Giese: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY AUTHORITY TO LEVY BUSINESS LICENSE TAXES ON INSURANCE COMPANIES SO AS TO EXPRESSLY PROHIBIT COUNTIES FROM LEVYING BUSINESS LICENSE TAXES ON INSURANCE COMPANIES.
Referred to Committee on Judiciary.
S. 953 -- Senator Courtney: A BILL TO AMEND SECTION 24-21-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESENTENCE INVESTIGATIONS OF CRIMINAL SUSPECTS, SO AS TO PROVIDE THAT THE DEFENDANT MAY WAIVE THE PRESENTENCE INVESTIGATION IF PLEADING GUILTY OR NOLO CONTENDERE; AND TO AMEND SECTION 24-21-530, RELATING TO PRESENTENCE INVESTIGATIONS SO AS TO ALLOW WAIVER PURSUANT TO SECTION 24-21-530.
Referred to Committee on Judiciary.
S. 1106 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO LICENSING, RECORDKEEPING, AND BUSINESS PRACTICES OF PHYSICAL FITNESS SERVICES CENTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1630, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
S. 1107 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 1648, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
On motion of Rep. J. HARRIS, with unanimous consent, the following was taken up for immediate consideration:
H. 4714 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE THE CHERAW HIGH SCHOOL FOOTBALL TEAM, STAFF, AND COACHES FOR A TRULY OUTSTANDING 1993 SEASON AND WINNING THE CLASS AAA STATE CHAMPIONSHIP AND ALLOW THE TEAM AND ITS COACH THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, MARCH 17, 1994.
Whereas, the members of the General Assembly were delighted to learn that the Cheraw High School "Braves" football team won the State AAA Football Championship by downing a tough Clinton High team by a score of 23-0; and
Whereas, this never-say-die team only lost one game during the 1993 season to Hartsville High which is a Class AAAA school; and
Whereas, the Braves were runnerup to Daniel High in 1992 and won their first State Football Championship since 1979; and
Whereas, through the dedicated team effort of the "Braves" and, in particular, the individual effort of Bryan McManus, also known as the "Cheraw Express," this team represented the Town of Cheraw in an impressive fashion; and
Whereas, with a combination of team chemistry, a tough pre-region schedule, experience, and maturity, this Cheraw team proved that hard work and determination do pay off; and
Whereas, the members of the team are Dennis Love, Bryan McManus, Jamie Huggins, James Grant, Tim Boan, Neal Nolan, Kenyatta Murray, Emmanuel Singleton, Damon Drake, Phillip Ashe, Thomas Gainey, Ken Brock, Rodney Lewis, Robert Gillespie, Chris Hage, Bill Malloy, Rasheed Rushdan, David McManus, Ralph McQueen, Maurice Miller, Laron Williams, Terry Gordon, Jeff Furr, Josh Newberry, Chad Workman, Jason Chewning, Marcus Cassidy, Tad Polson, Gerald Malloy, Gene Crawford, Roosevelt Brandon, Derrick McCray, Greg Chapman, Raymond McIver, Andy Wallace, Brent Boatwright, Joe McDonald, Terry McLendon, Chris Pratcher, Jeremar Esaw, Anthony Carraway, Roger McLain, Dedric Harris, Chad Davis, and Kenny Prince; and
Whereas, the members of the General Assembly extend congratulations also to Head Football Coach Burney Bourne; Assistant Coaches Rodney Borders, Mickey Jones, Joey Mills, Joe Swinford, Billy Amick, David Brown, and Greg Davis; and to the team physicians, Drs. J. K. Newsom, Shaw Newsom, and Richard Cutchin; and a special thanks to the cheerleaders, band, and fans of the Cheraw High School football team.
Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly congratulates the Cheraw High School football team, staff, and coaches for a truly outstanding 1993 season and winning the Class AAA state championship.
Be it further resolved that the members of the Cheraw High School football team and its coach are given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Thursday, March 17, 1994, for the purpose of being recognized for winning the State AAA Football Championship.
Be it further resolved that a copy of this resolution be forwarded to Head Coach Burney Bourne and Principal Edward H. Shuford, Jr.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4715 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION CONGRATULATING BETTY A. HENDERSON OF ORANGEBURG COUNTY UPON HER RETIREMENT AS ORANGEBURG COUNTY TAX ASSESSOR AND WISH HER GOOD HEALTH AND MUCH HAPPINESS IN HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Barber Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. 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 Harris, J. Harris, P. 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 Phillips Quinn Rhoad Richardson Riser Robinson Rudnick Sheheen Shissias 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 Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, February 9.
C. Lenoir Sturkie Denny W. Neilson Timothy F. Rogers
LEAVES OF ABSENCE
The SPEAKER granted Rep. SHARPE a leave of absence for today and tomorrow due to his father's death.
The SPEAKER granted Rep. ROGERS a temporary leave of absence due to appearing in Federal Court in Florence involving the prison overcrowding case.
The SPEAKER granted Rep. SCOTT a leave of absence for today and tomorrow to attend a Housing Conference in Washington.
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 8.
Announcement was made that Dr. C. Tucker Weston of Columbia, is the Doctor of the Day for the General Assembly.
Rep. BEATTY moved to adjourn debate upon the following Bill until Tuesday, February 15, which was adopted.
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.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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".
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
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.
The following Joint Resolution was read the third time, passed and, 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.
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.
The following Bill was taken up.
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 Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\COUNCIL\LEGIS\AMEND\DKA\3135AL.94).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 24-13-100. Notwithstanding another provision of law, no prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including those prisoners serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is eligible for work release until the prisoner has served not less than:
(1) sixty percent of the sentence imposed if the prisoner is considered 'violent' as defined under Section 16-1-60; or
(2) fifty percent of the sentence imposed if the prisoner is considered 'nonviolent' as defined under Section 16-1-70.
This section does not apply in cases of emergency prison overcrowding as provided under Chapter 22 of this title."
SECTION 2. The 1976 Code is amended by adding:
"Section 24-13-150. Notwithstanding another provision of law, a prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facilities agreement authorized by Section 24-3-20, is not eligible for early release or discharge including, but not limited to, extended work release and community supervision until the prisoner has served:
(1) ninety percent of the sentence imposed if the offender is considered 'violent' as defined in Section 16-1-60; or
(2) eighty percent of the sentence imposed if the offender is considered 'nonviolent' as defined in Section 16-1-70.
This section does not apply in cases of emergency prison overcrowding as provided in Chapter 22 of this title."
SECTION 3. The 1976 Code is amended by adding:
"Section 24-13-175. Notwithstanding another provision of law. sentences imposed and time served must be computed based upon a three hundred and sixty-five day year."
SECTION 4. Title 24 of the 1976 Code is amended by adding:
Section 24-27-10. (A) There is established the South Carolina Criminal Justice Commission composed of eleven voting members as follows:
(1) a justice of the Supreme Court, appointed by the Chief Justice of the Supreme Court;
(2) one Circuit Court judge, appointed by the Chief Justice of the Supreme Court;
(3) an attorney, experienced in the practice of criminal law, appointed by the Governor from a list of candidates submitted by the President of the South Carolina Bar;
(4) the Dean of the Law School of the University of South Carolina, or his designee;
(5) the South Carolina Attorney General, or his designee;
(6) a solicitor appointed by the Chairman of the South Carolina Circuit Solicitor's Association;
(7) the Director of the Victims' Assistance Network, or his designee;
(8) the Chief of the State Law Enforcement Division, or his designee;
(9) the Chairman of the Commission on Appellate Defense, or his designee who must be a member of that commission or who must be the director of the commission;
(10) the Director of the South Carolina Department of Corrections, or his designee;
(11) the Director of the Department of Probation, Pardon Services, and Community Supervision or his designee.
(B) In addition, there are six nonvoting members of the commission as follows:
(1) three members of the Senate designated by the President Pro Tempore of the Senate;
(2) three members of the House of Representatives designated by the Speaker of the House.
(C) The appointed members of the commission shall serve for a term of four years. The members of the commission who are designated to serve by a particular person or official shall serve at the pleasure of that person or official making the designation and only so long as the designated member holds the official position entitling him to membership on the commission. Members are eligible for reappointment, and a vacancy must be filled in the manner of original appointment for the remainder of the unexpired term.
(D) The members of the commission shall elect one member to serve as chairman for a term of one year. The members of the commission also may elect additional officers they consider necessary for the efficient discharge of their duties. Members are eligible for reelection as officers of the commission.
Section 24-27-20. The South Carolina Criminal Justice Commission shall:
(1) serve as a clearinghouse and information center for the collection, preparation, analysis, and dissemination of information on state and local sentencing practices, and conduct ongoing research regarding sentencing guidelines, use of imprisonment and alternatives to imprisonment, plea bargaining, and other matters relating to the improvement of the criminal justice system;
(2) make recommendations to the General Assembly regarding changes in the criminal code, criminal procedures, and other aspects of sentencing;
(3) review and issue its opinion on criminal justice bills that have passed either the Senate or the House;
(4) study current sentence and release practices and correctional resources including, but not limited to, the capacities of local and state correctional facilities. It shall make a yearly report on these matters;
(5) employ a staff director, a professional statistician, and other professional and clerical personnel upon the appropriation of sufficient funds of the General Assembly. The professional statistician and other personnel must be hired by the staff director. The duties of the staff director and the other personnel of the commission must be set by the commission.
Section 24-27-30. The commission shall receive the funding as may be provided by the General Assembly, and the commission is authorized to expend federal funds and grants and gifts it may receive from other sources for the purpose of carrying out its duties and responsibilities.
Section 24-27-40. The commission, by vote of a majority of the membership, has the power to establish general policies."
SECTION 5. Section 16-3-20 of the 1976 Code is amended to read:
"Section 16-3-20. (A) A person who is convicted of or pleads guilty to murder must be punished by death, or by imprisonment for life, and is not eligible for parole until the service of twenty years; provided, however, that when the State seeks the death penalty and an aggravating circumstance is specifically found beyond a reasonable doubt pursuant to subsections (B) and (C), and a recommendation of death is not made, the court must impose a sentence of life imprisonment without eligibility for parole until the service of thirty years or imprisonment for not less than thirty years. For purposes of this section, 'life' means until death. Provided, further, that under Under no circumstances may a female who is pregnant with child be executed so long as she is in that condition. When the Governor commutes a sentence of death under the provisions of Section 14 of Article IV of the Constitution of South Carolina, 1895, the commutee is not eligible for parole. No person sentenced under the provisions of this subsection may receive any work-release credits, good-time credits, or any other credit that would reduce the mandatory imprisonment required by this subsection.
(B) Upon conviction or adjudication of guilt of a defendant of murder, the court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death, or life imprisonment, or imprisonment for not less than thirty years. The proceeding shall must be conducted by the trial judge before the trial jury as soon as practicable after the lapse of twenty-four hours unless waived by the defendant. If trial by jury has been waived by the defendant and the State, or if the defendant pleaded guilty, the sentencing proceeding shall must be conducted before the court. In the sentencing proceeding, the jury or judge shall hear additional evidence in extenuation, mitigation, or aggravation of the punishment. Only such evidence in aggravation as the State has made known to the defendant in writing prior to before the trial shall be is admissible. This section shall must not be construed to authorize the introduction of any evidence secured in violation of the Constitutions of the United States or the State of South Carolina or the applicable laws of either. The State, the defendant, and his counsel shall be are permitted to present arguments for or against the sentence to be imposed. The defendant and his counsel shall have the closing argument regarding the sentence to be imposed.
(C) The judge shall consider, or he shall include in his instructions to the jury for it to consider, any mitigating circumstances otherwise authorized or allowed by law and any of the following statutory aggravating and mitigating circumstances which may be supported by the evidence:
(a) Aggravating circumstances:
(1) The murder was committed while in the commission of the following crimes or acts:
(a) criminal sexual conduct in any degree;
(b) kidnapping;
(c) burglary in any degree;
(d) robbery while armed with a deadly weapon;
(e) larceny with use of a deadly weapon;
(f) killing by poison;
(g) drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445; or
(h) physical torture.
(2) The murder was committed by a person with a prior conviction for murder.
(3) The offender by his act of murder knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which normally would be hazardous to the lives of more than one person.
(4) The offender committed the murder for himself or another for the purpose of receiving money or a thing of monetary value.
(5) The murder of a judicial officer, former judicial officer, solicitor, former solicitor, or other officer of the court during or because of the exercise of his official duty.
(6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person.
(7) The murder of a federal, state, or local law enforcement officer, peace officer or former peace officer, corrections employee or former corrections employee, or fireman or former fireman during or because of the performance of his official duties.
(8) The murder of a family member of an official listed in subitems (5) and (7) above with the intent to impede or retaliate against the official. 'Family member' means a spouse, parent, brother, sister, child, or person to whom the official stands in the place of a parent, or a person living in the official's household and related to him by blood or marriage.
(9) Two or more persons were murdered by the defendant by one act or pursuant to one scheme or course of conduct.
(10) The murder of a child eleven years of age or under.
(b) Mitigating circumstances:
(1) The defendant has no significant history of prior criminal conviction involving the use of violence against another person.
(2) The murder was committed while the defendant was under the influence of mental or emotional disturbance.
(3) The victim was a participant in the defendant's conduct or consented to the act.
(4) The defendant was an accomplice in the murder committed by another person and his participation was relatively minor.
(5) The defendant acted under duress or under the domination of another person.
(6) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired.
(7) The age or mentality of the defendant at the time of the crime.
(8) The defendant was provoked by the victim into committing the murder.
(9) The defendant was below the age of eighteen at the time of the crime.
(10) The defendant had mental retardation at the time of the crime. 'Mental retardation' means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.
The statutory instructions as to aggravating and mitigating circumstances shall must be given in charge and in writing to the jury for its deliberation. The jury, if its verdict be is a recommendation of death, shall designate in writing, and signed by all members of the jury, the aggravating circumstance or circumstances which it found beyond a reasonable doubt. The jury, if it does not recommend death, after finding an one or more aggravating circumstance or circumstances beyond a reasonable doubt, shall, in writing, and signed by all members of the jury, shall designate the aggravating circumstance or circumstances it found beyond a reasonable doubt. In nonjury cases the judge shall make such the designation. Unless at least one of the statutory aggravating circumstances enumerated in this section is so found, the death penalty shall must not be imposed.
Where a statutory aggravating circumstance is found and a recommendation of death is made, the court shall sentence the defendant to death. The trial judge, prior to before imposing the death penalty, shall find as an affirmative fact that the death penalty was warranted under the evidence of the case and was not a result of prejudice, passion, or any other arbitrary factor. Where a sentence of death is not recommended by the jury, the court shall sentence the defendant to life imprisonment as provided in subsection (A) or imprisonment for not less than thirty years. In the event that all members of the jury, after a reasonable deliberation, cannot agree on a recommendation as to whether or not the death sentence should be imposed on a defendant found guilty of murder, the trial judge shall dismiss such the jury and shall sentence the defendant to life imprisonment as provided in subsection (A) or imprisonment for not less than thirty years. Before dismissing the jury, the trial judge shall question the jury as to whether or not it found an aggravating circumstance or circumstances beyond a reasonable doubt. If the jury has found an one or more aggravating circumstance or circumstances beyond a reasonable doubt, the jury shall designate this finding, in writing, signed by all the members of the jury. The jury shall not recommend the death penalty if the vote for such that penalty is not unanimous as provided.
(D) Notwithstanding the provisions of Section 14-7-1020, in cases involving capital punishment, any a person called as a juror shall must be examined by the attorney for the defense.
(E) In every a criminal action in which a defendant is charged with a crime which may be punishable by death, a person may not be disqualified, excused, or excluded from service as a juror therein by reason of his beliefs or attitudes against capital punishment unless such those beliefs or attitudes would render him unable to return a verdict according to law."
SECTION 6. Section 16-3-625 of the 1976 Code is amended to read:
"Section 16-3-625. Any A person seventeen years of age or older who resists the lawful efforts of a law enforcement officer to arrest him or her or any other another person with the use or threat of use of any a deadly weapon against the officer, when such and the person is in possession or claims to be in possession of a deadly weapon, shall be deemed is guilty of a felony and, upon conviction, shall must be punished by imprisonment for imprisoned not more than ten nor less than two years. No sentence imposed hereunder for a first offense shall may be suspended to less than six months nor shall the persons so sentenced be eligible for parole until after service of six months. No person sentenced sentence imposed under this section for a second or subsequent offense shall have such sentence may be suspended to less than two years nor shall such person be eligible for parole until after service of two years.
As used in this section 'deadly weapon' shall mean means a shotgun, rifle, pistol, or knife.
This section shall in no manner does not affect or replace the common law crime of assault and battery with intent to kill nor shall does it apply if the sentencing judge, in his discretion, elects to sentence an eligible defendant under the provisions of the 'Youthful Offenders Act'."
SECTION 7. Section 16-3-1260 of the 1976 Code, as last amended by Act 181 of 1989, is further amended to read:
"Section 16-3-1260. (1) Any A payment of benefits to, or on behalf of, a victim or intervenor, or eligible family member under this article shall create creates a debt due and owing to the State by any a person found in as determined by a court of competent jurisdiction of this State, to have who has committed such the criminal act.
(2) The circuit court, when placing on probation any a person who owes a debt to the State as a consequence of a criminal act, may set as a condition of probation the payment of the debt or a portion of the debt to the State. The court also may also set the schedule or amounts of payments subject to modification based on change of circumstances.
(3) The Department of Parole and Community Corrections shall also have the right to make payment of the debt or a portion of the debt to the State a condition of parole.
(4) When a juvenile is adjudicated delinquent in a Family Court proceeding involving a crime upon which a claim under this article can be made, the Family Court, in its discretion, may order that the juvenile pay the debt to the Victim's Compensation Fund State Office of Victim Assistance, as created by this article, as an adult would have to pay had an adult committed the crime. Any assessments so ordered may be made a condition of probation as provided in Section 20-7-1330.
(5)(4) Payments authorized or required under this section must be paid to the Victim's Compensation Fund State Office of Victim Assistance. The Director of the Victim's Compensation Fund State Office of Victim Assistance shall coordinate the development of policies and procedures for the South Carolina Department of Corrections, the South Carolina Office of Court Administration, and the South Carolina Board Department of Parole Probation, Pardon Services, and Community Corrections Supervision to assure that victim restitution programs are administered in an effective manner to increase payments into the Compensation Fund State Office of Victim Assistance.
(6)(5) Restitution payments to the Victim's Compensation Fund State Office of Victim Assistance may be made by the Department of Corrections from wages accumulated by offenders in its custody who are subject to this article, except that offenders wages shall must not be used for this purpose if such monthly wages are at or below minimums required to purchase basic necessities."
SECTION 8. The first paragraph of Section 16-3-1530(C) of the 1976 Code, as last amended by Act 68 of 1991, is further amended to read:
"Victims and witnesses who wish to receive notification and information shall provide the solicitor, the Department of Corrections, and the Department of Probation, Parole and Pardon Services, and Community Supervision their current address and telephone number. This information, as it is contained in Department of Corrections and Department of Probation, Parole and Pardon Services, and Community Supervision files, is privileged and must not be disclosed directly or indirectly, except by order of a court of competent jurisdiction. The solicitor's office which is prosecuting the case has the responsibility of the rights in this subsection, except items (6) and (7) which are the responsibility of the Department of Probation, Parole and Pardon Services, and Community Supervision and the Department of Corrections."
SECTION 9. Section 16-3-1530(D)(3) of the 1976 Code is amended to read:
"(3) A victim has the right to receive restitution for expenses or property loss incurred as the result of the crime. The judge shall order restitution at every sentencing for a crime against person or property or as a condition of probation or parole, unless the court finds a substantial and compelling reason not to order restitution. The court shall diligently, fairly, and in a timely manner enforce all orders of restitution."
SECTION 10. Section 16-3-1550(B) of the 1976 Code, as last amended by Act 579 of 1988, is further amended to read:
"(B) It is the responsibility of the solicitor's Victim or Witness Assistance Unit in each judicial circuit or a representative designated by the solicitor or law enforcement agency handling the case to advise all victims of their right to submit to the court, orally or in writing at the victim's option, a victim impact statement to be considered by the judge at the sentencing or disposition hearing in general sessions court and at a parole hearing. The solicitor's office or law enforcement agency shall provide a copy of the written form to any victim who wishes to make a written report. In those cases which the solicitor determines that there has been extensive or significant impact on the life of the victim, the Victim or Witness Assistance Unit shall assist the victim in completing the form. The victim shall submit this statement to the solicitor's office within appropriate time limits set by the solicitor to be filed in the court records by the solicitor's office so it may be available to the defense for a reasonable period of time prior to before sentencing. The court shall allow the defendant to have the opportunity to rebut the victim's written statement if the court decides to review any part of the statement before sentencing. If the defendant is incarcerated, the solicitor shall forward a copy of the impact statement and copies of all completed Victim/Witness Notification Requests to the Department of Corrections and to the Parole and Community Corrections Board Department of Probation, Pardon Services, and Community Supervision. Solicitors shall begin using these victim impact statements no later than January 1, 1985."
SECTION 11. Section 16-11-311 of the 1976 Code is amended to read:
"Section 16-11-311. (A) A person is guilty of burglary in the first degree if the person enters a dwelling without consent and with intent to commit a crime therein in the dwelling, and either:
(1) when, in effecting entry or while in the dwelling or in immediate flight therefrom, he or another participant in the crime:
(a) is armed with a deadly weapon or explosive; or
(b) causes physical injury to any a person who is not a participant in the crime; or
(c) uses or threatens the use of a dangerous instrument; or
(d) displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or
(2) the burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or
(3) the entering or remaining occurs in the nighttime.
(B) Burglary in the first degree is a felony punishable by life imprisonment; provided, that the. The court, in its discretion, may sentence the defendant to a term of not less than fifteen years, provided, that no person convicted of burglary in the first degree shall be eligible for parole except upon service of not less than one-third of the term of the sentence."
SECTION 12. Section 16-11-330 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-11-330. (A) A person convicted for the crime of robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon is guilty of a felony and, upon conviction, must be imprisoned:
(1) for a mandatory minimum term of ten years and not more than thirty years, no part of which may be suspended. A person convicted under the provisions of this subsection is not eligible for parole until he has served at least seven years of his sentence.
(1)(2) A person under the age of twenty-one sentenced under the provisions of Chapter 19 of Title 24 (the Youthful Offenders Act) convicted of armed robbery shall receive and serve a for a mandatory minimum sentence of at least three years, no part of which may be suspended if the person is under the age of twenty-one and sentenced under the provisions of Chapter 19 of Title 24 (the Youthful Offenders Act). The person is not eligible for parole or probation until he has served a three year minimum sentence. (2) A person between the ages of twenty-one and twenty-five, who is convicted of armed robbery, may not be sentenced under the provisions of Chapter 19 of Title 24 (the Youthful Offenders Act).
(B) A person convicted for attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years."
SECTION 13. Section 16-11-340 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 16-11-340. The South Carolina Department of Revenue and Taxation, with funds already appropriated to the department, shall print and distribute to each business establishment in this State, to which has been issued a retail sales tax license, a cardboard placard not less than eight inches by eleven inches which shall bear bears the following inscription in letters not less than three-fourths inch high:
'BY ACT OF THE SOUTH CAROLINA GENERAL ASSEMBLY ANY A PERSON CONVICTED OF ARMED ROBBERY SHALL SERVE A SENTENCE OF NO LESS THAN SEVEN TEN YEARS AT HARD LABOR WITHOUT PAROLE.'
Such The placard shall must be prominently displayed in all retail establishments to which they are issued."
SECTION 14. Section 17-25-45 of the 1976 Code is amended to read:
"Section 17-25-45. (1) A.(A) (1) Notwithstanding any other another provision of law, any a person who has three convictions under the laws of this State, any other another state, or the United States, for a violent crime as defined in Section 16-1-60, except a crime for which a sentence of death has been imposed shall, upon the third conviction in this State for such a violent crime, must be sentenced to life imprisonment without parole. For purposes of this section 'life imprisonment' means until death.
B.(2) For the purpose of this section only, a conviction is considered a second conviction only if the date of the commission of the second crime occurred subsequent to the imposition of the sentence for the first offense. A conviction is considered a third conviction only if the date of the commission of the third crime occurred subsequent to the imposition of the sentence for the second offense. Convictions totaling more than three must be determined in a like manner.
(2)(B) The decision to invoke sentencing under subsection (1)(A) shall be is in the discretion of the solicitor."
SECTION 15. Section 24-1-200 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-1-200. The director shall inquire and examine into the sentences under which the convicts in the prison are confined and also into the condition, physical, or otherwise, of the convicts undergoing sentence and shall report to the Board of Probation, Parole and Pardon Services, and Community Supervision Board quarterly, on the first day of November, February, May, and August in each year, such cases as it may deem consider, after such examination, fit subjects for clemency."
SECTION 16. Section 24-3-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-3-20. (a)(A) Notwithstanding the provisions of Section 24-3-10, any a person convicted of an offense against the State of South Carolina and committed to the State Penitentiary at Columbia shall a state correctional facility must be in the custody of the South Carolina Department of Corrections of the State of South Carolina, and the director shall designate the place of confinement where the sentence shall must be served. The director may designate as a place of confinement any available, suitable, and appropriate institution or facility, including a county jail or prison camp, whether maintained by the State department of Corrections or otherwise. Provided, that if If the facility is not maintained by the department, the consent of the sheriff of the county wherein where the facility is located must first be obtained.
(b) When the director determines that the character and attitude of a prisoner reasonably indicates that he may be so trusted, it may extend the limits of the place of confinement of the prisoner by authorizing him to work at paid employment or participate in a training program in the community on a voluntary basis while continuing as a prisoner, provided that the director determines that:
(1) such paid employment will not result in the displacement of employed workers, nor be applied in skills, crafts, or trades in which there is surplus of available gainful labor in the locality, nor impair existing contracts for services; and
(2) the rates of pay and other conditions of employment will not be less than those paid and provided for work of similar nature in the locality in which the work is to be performed.
(c)(B) Notwithstanding the provisions of Section 24-3-10 or any other provisions of law, the department shall make available for use in litter control and removal any or all prison inmates not engaged in programs determined by the department to be more beneficial in terms of rehabilitation and cost effectiveness. Provided, however, that the The Department of Corrections shall not make available for litter control those inmates who, in the judgment of the director, pose a significant threat to the community or who are not physically, mentally, or emotionally able to perform work required in litter control. No inmate shall must be assigned to a county prison facility except upon written acceptance of the inmate by the chief county administrative officer or his designee and no prisoner may be assigned to litter control in a county which maintains a facility unless he is assigned to the county prison facility. The department of Corrections shall include in its annual report to the Budget and Control Board an analysis of the job and program assignments of inmates. This plan shall include such programs as litter removal, prison industries, work release, education, and counseling. The department of Corrections shall make every effort to minimize not only inmate idleness but also occupation in marginally productive pursuits. The State Budget and Control Board and the Governor's Office shall comment in writing to the department concerning any necessary alterations in this plan.
(d)(C) The Department of Corrections may establish a restitution program for the purpose of allowing persons convicted of nonviolent offenses who are sentenced to the State department of Corrections to reimburse the victim for the value of the property stolen or damages caused by such the offense. In the event that there is no victim involved, the person convicted shall contribute to the administration of the program. The department of Corrections is authorized to promulgate regulations necessary to administer the program.
(e)(D) In the event that a person is sentenced to not more than seven years and for not more than a second offense for the following offenses: larceny, grand larceny, forgery and counterfeiting, embezzlement, stolen property, damage to property, receiving stolen goods, shoplifting, housebreaking, fraud, vandalism, breach of trust with fraudulent intent, and storebreaking, the judge shall establish at the time of sentencing a maximum amount of property loss which may be used by the South Carolina department of Corrections in the administration of the restitution program."
SECTION 17. Section 24-3-35 of the 1976 Code is amended to read:
"Section 24-3-35. The governing body of any a county in this State may allow prisoners under the county's jurisdiction who are housed in a county prison facility and who are serving a sentence of ninety days or less to perform litter removal functions within the county. The governing body of each county by ordinance shall be is authorized to and shall establish guidelines for such litter removal by prisoners, which. The guidelines shall must include a provision for a reduction of the sentence of the prisoners so used not to exceed a one-day reduction of the sentence for each two days of litter removal work performed. No prisoner is eligible for early release or discharge, regardless of credit received for litter removal work, until the minimum sentence requirements provided in Section 24-13-100 are met."
SECTION 18. Section 24-3-210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-3-210. The director may extend the limits of the place of confinement of a prisoner, as to whom there is reasonable cause to believe he will honor his trust, by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to:
(1) contact prospective employers;
(2) secure a suitable residence for use when released on parole or upon discharge;
(3) obtain medical services not otherwise available;
(4) participate in a training program in the community or any other compelling reason consistent with the public interest;
(5) visit or attend the funeral of a spouse, child (including stepchild, adopted child, or child as to whom the prisoner, though not a natural parent, has acted in the place of a parent), parent (including a person, though not a natural parent, who has acted in the place of a parent), brother, or sister.
The director also may similarly extend similarly the limits of the place of confinement of a terminally ill inmate for an indefinite length of time when there is reasonable cause to believe that such the inmate will honor his trust. A prisoner allowed to leave his confinement as provided under items (1), (2), and (5) must return to his confinement within seventy-two hours.
The wilful failure of a prisoner to remain within the extended limits of his confinement or return within the time prescribed to the places of confinement designated by the director shall be deemed is considered an escape from the custody of the director punishable as provided in Section 24-13-410."
SECTION 19. Section 24-3-410(B)(1) of the 1976 Code, as last amended by Act 19 of 1991, is further amended to read:
"(1) articles manufactured or produced by persons on parole or probation;"
SECTION 20. Section 24-13-230(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(a) The Director of the Department of Corrections may allow any a prisoner in the custody of the department, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of zero to one day for every two days he is employed or enrolled. However, no inmate serving the sentence of life imprisonment is entitled to credits under this provision. A maximum annual credit for both work credit and class credit is limited to one hundred eighty days. Notwithstanding other provisions of law, no inmate is entitled to an amount of credit that results in an earlier release than is allowed under the minimum sentence requirements as provided in Section 24-13-150. The amount of credit to be earned for each duty classification or enrollment must be determined by the director and published by him in a conspicuous place available to inmates at each correctional institution. No credits earned under this section may be applied in a manner which would prevent full participation in the department's prerelease and community supervision program. If an inmate is released early due to credits earned from productive duty assignment, the inmate must serve the remainder of his sentence under community supervision as provided in Section 24-13-710."
SECTION 21. Section 24-13-710 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-13-710. (A) The Department of Corrections and the Department of Probation, Parole and Pardon Services, and Community Supervision shall jointly develop the policies, procedures, guidelines, and cooperative agreement for the implementation of a supervised furlough community supervision program which permits carefully screened and selected inmates who have served the mandatory minimum sentence as required by law Section 24-3-150 or have not committed a violent crime as defined in Section 16-1-60 nor committed the crime of criminal sexual conduct in the third degree as defined in Section 16-3-654 or the crime of committing or attempting a lewd act upon a child under the age of fourteen as defined in Section 16-15-140 to be released on furlough prior to parole eligibility and community supervision under the supervision of state probation and parole community supervision agents with the privilege of residing in an approved residence and continuing treatment, training, or employment in the community until parole eligibility or expiration of sentence, whichever is earlier.
(B) The department and the Department of Probation, Parole and Pardon Services, and Community Supervision shall assess a fee sufficient to cover the cost of the participant's supervision and any other financial obligations incurred because of his participation in the supervised furlough community supervision program as provided by this article. The two departments shall jointly develop and approve written guidelines for the program to include, but not be limited to, the selection criteria and process, requirements for supervision, conditions for participation, and removal. The cooperative agreement between the two departments shall specify the responsibilities and authority for implementing and operating the program. Inmates approved and placed on the program must be under the supervision of agents of the Department of Probation, Parole and Pardon Services, and Community Supervision who are responsible for insuring the inmate's compliance with the rules, regulations, and conditions of the program as well as monitoring the inmate's employment and participation in any of the prescribed and authorized community-based correctional programs such as vocational rehabilitation, technical education, and alcohol/and drug treatment.
(C) Eligibility criteria for the program include, but are not limited to, all of the following requirements:
(1) maintain a clear disciplinary record for at least six months prior to before consideration for placement on the program;
(2) demonstrate to Department of Corrections' officials a general desire to become a law-abiding member of society;
(3) satisfy any other reasonable requirements imposed upon him by the Department of Corrections;
(4) have an identifiable need for and willingness to participate in authorized community-based programs and rehabilitative services;
(5) have been committed to the State Department of Corrections with a total sentence of five years or less as the first or second adult commitment for a criminal offense for which the inmate received a sentence of one year or more.
(D) The Department of Corrections shall notify victims pursuant to Section 16-3-1530(c) as well as the sheriff's office of the place to be released before releasing inmates through any supervised furlough community supervision program.
These requirements do not apply to the crimes referred to in this section.
(E) If, during the term of community supervision, a prisoner commits an offense or violates a rule or regulation of the Department of Corrections or the Department of Probation, Pardon Services, and Community Supervision all or any of his early release may be forfeited at the discretion of the Board of Probation, Pardon Services, and Community Supervision and he may be required to serve the remainder of his sentence in prison."
SECTION 22. Section 24-13-1310(1) of the 1976 Code, as last amended by Act 520 of 1992, is further amended to read:
"(1) 'Eligible inmate' means a person committed to the South Carolina Department of Corrections:
(a) who has not reached the age of thirty years at the time of admission to the department;
(b) who is eligible for release on parole in two years or less;
(c) who has not been convicted of a violent crime as defined in Section 16-1-60;
(d)(c) who has not been incarcerated previously in a state correctional facility or has not served a sentence previously in a shock incarceration program;
(e)(d) who physically is able to participate in the program;
(f)(e) whose sentence specifically does not prohibit the offender from participating in the shock incarceration program."
SECTION 23. Section 24-13-1320(B) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(B) For each reception center the commissioner director shall appoint or cause to be appointed a shock incarceration selection committee which must include at least one representative of the Department of Probation, Parole, and Pardon Services, and Community Supervision and which shall meet on a regularly scheduled basis to review all applications for a program."
SECTION 24. Section 24-13-1330 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-13-1330. (A) An eligible inmate may make an application to the shock incarceration screening committee for permission to participate in a shock incarceration program. If the department has a victim witness notification request for an eligible inmate who has made an application, it shall notify the victim of the application. Upon order by the court, the committee may consider an inmate for participation in the shock incarceration program. (B) The committee shall consider input received from law enforcement agencies, victims, and others in making its decision for approval or disapproval of participation. If the committee determines that an inmate's participation in a program is consistent with the safety of the community, the welfare of the applicant, and the regulations of the department, the committee shall forward the application to the commissioner director or his designee for approval or disapproval.
(C)(B) An applicant may not participate in a program unless he agrees to be bound by all of its terms and conditions and indicates this agreement by signing the following:
'I accept the foregoing program and agree to be bound by its terms and conditions. I understand that my participation in the program is a privilege that may be revoked at the sole discretion of the commissioner director. I understand that I shall complete the entire program successfully to obtain a certificate of earned eligibility upon the completion of the program, and if I do not complete the program successfully, for any reason, I will be transferred to a nonshock incarceration correctional facility to continue service of my sentence.'
(D)(C) An inmate who has completed a shock incarceration program successfully is eligible to receive a certificate of earned eligibility and must be granted parole release.
(E)(D) Participation in a shock incarceration program is a privilege. Nothing contained in this article confers upon an inmate the right to participate or continue to participate in a program."
SECTION 25. Section 24-13-1520(1) and (2) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(1) 'Department' means, in the case of a juvenile offender, the Department of Juvenile Justice and, in the case of an adult offender, the Department of Probation, Parole and Pardon Services, and Community Supervision, the Department of Corrections, and any other law enforcement agency created by law.
(2) 'Court' means a circuit or family court having criminal or juvenile jurisdiction to sentence an individual to incarceration for a violation of law, the Department of Probation, Parole and Pardon Services, and Community Supervision, Board of Juvenile Parole, and the Department of Corrections."
SECTION 26. Section 24-13-1590(2) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(2) diminishes the lawful authority of the courts of this State, the Department of Juvenile Justice, or the Department of Probation, Parole and Pardon Services, and Community Supervision to regulate or impose conditions for probation or parole."
SECTION 27. Section 24-19-160 of the 1976 Code is amended to read:
"Section 24-19-160. Nothing in this chapter shall limit limits or affect affects the power of any a court to suspend the imposition or execution of any a sentence and place a youthful offender on probation.
Nothing in this chapter shall may be construed in anywise to amend, repeal, or affect the jurisdiction of the Board of Probation, Parole, and Pardon Services, Board and Community Supervision. For parole purposes, a sentence pursuant to Section 24-19-50 (c) shall be considered a sentence for six years."
SECTION 28. Section 24-21-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-10. (A) The Department of Probation, Parole and Pardon Services, and Community Supervision, hereafter referred to as the 'department', is governed by the director of Probation, Parole and Pardon Services the department, hereafter referred to as the 'director'. The director must be appointed by the Governor with the advice and consent of the Senate.
(B) The Board of Probation, Parole and Pardon Services, and Community Supervision is composed of seven members. The terms of office of the members are for six years and until their successors are appointed and qualify. Six of the seven members must be appointed from each of the congressional districts and one member must be appointed at-large. Vacancies must be filled by gubernatorial appointment with the advice and consent of the Senate for the unexpired term. If a vacancy occurs during a recess of the Senate, the Governor may fill the vacancy by appointment for the unexpired term pending the consent of the Senate. A chairman must be elected annually by a majority of the membership of the board. The chairman may serve consecutive terms."
SECTION 29. Section 24-21-13 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-13. (A) It is the duty of the director to oversee, manage, and control the department. The director shall develop written policies and procedures for the following:
(1) the supervising of offenders on probation, parole or community supervision, and other offenders released from incarceration prior to before the expiration of their sentence;
(2) the granting of paroles and pardons;
(3) the operation of community-based correctional programs; and
(4) the operation of public work sentence programs for offenders as provided in item (1) of this subsection. This program also may be utilized as an alternative to technical revocations.; and
(5) the development of additional work release programs.
The director shall establish priority programs for litter control along state and county highways. This must be included in the 'public service work' program.
(B) It is the duty of the board to consider cases for parole, pardon, and any other form of clemency provided for under law."
SECTION 30. Section 24-21-30 of the 1976 Code is amended to read:
"Section 24-21-30. The board shall hold regular meetings, as may be necessary to carry out its duties, but at least four times each year, and as many extra meetings as the chairman, or the Governor acting through the chairman, may order. The board may preserve order at its meetings and punish any disrespect or contempt committed in its presence. The chairman may direct the members of the board to meet as three-member panels to hear matters relating to paroles and pardons and community supervision as often as necessary to carry out the board's responsibilities. Membership on such the panels shall must be periodically rotated on a random basis by the chairman. At the meetings of the panels, any unanimous vote shall be considered is the final decision of the board, and the panel may issue an order of parole with the same force and effect of an order issued by the full board pursuant to Section 24-21-650. Any A vote that is not unanimous shall is not be considered as a decision of the board and the matter shall must be referred to the full board which shall decide it based on a vote of a majority of the membership."
SECTION 31. Section 24-21-50 of the 1976 Code is amended to read:
"Section 24-21-50. The board shall grant hearings and permit arguments and appearances by counsel or any individual before it at any such hearing while considering any a case for parole, pardon or any other form of clemency provided for under law."
SECTION 32. Section 24-21-60 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-60. Every Each city, county, or state official or department shall assist and cooperate to further the objectives of this chapter. The board, the director of the department, and the probation and community supervision agents may seek the cooperation of officials and departments and especially of the sheriffs, jailers, magistrates, police officials, and institutional officers. The director may conduct surveys of the State Penitentiary, county jails, and camps and obtain information to enable the board to pass intelligently upon all applications for parole. The Director of the Department of Corrections and the wardens, jailers, sheriffs, supervisors, or other officers in whose control a prisoner may be committed must aid and assist the director and the probation agents in the surveys."
SECTION 33. Section 24-21-80 of the 1976 Code is amended to read:
"Section 24-21-80. Every person granted parole by the board and every An adult placed on probation by a court of competent jurisdiction shall pay two hundred forty dollars a year toward offsetting the cost of his supervision for so long as he remains under supervision. This fee is due and payable on the date of sentencing or date of parole and each subsequent anniversary for the duration of the supervision period. This fee must be remitted for credit to the state general fund. The payment of the fee must be a condition of parole or probation and a delinquency of two months or more in making payments may operate as a revocation of parole or probation rendering the violator liable to serving out any remaining part of his sentence, at the determination of the board or the court.
If the probationer is placed under intensive supervision by a court of competent jurisdiction, or if the board places a parolee under intensive supervision, or if the department places an inmate under intensive supervision who is participating in the Supervised Furlough Community Supervision Program as provided in Section 24-13-710 under supervision as a result of a prison overcrowding emergency, the probationer, parolee, or inmate is required to pay ten dollars each week for the duration of intensive supervision in lieu instead of the two hundred forty dollars a year fee. Fees derived from persons under intensive supervision must be retained in aggregate by the board to support these supervisory efforts and fees collected in prior years from this source must be retained and carried forward to continue the supervisory effort. Offenders sentenced for the offense of murder, kidnapping, voluntary manslaughter, assault and battery with intent to kill, criminal sexual conduct in any degree, armed robbery, arson, or trafficking in drugs pursuant to Section 44-53-370(e) are ineligible for participation in the intensive supervision program. The board, in the cases of parolees community supervision, or a court of competent jurisdiction, in the case of probationers, or the department, in the case of an inmate, may exempt the probationer, parolee supervised prisoner, or inmate from payment of a part or all of the yearly or weekly fee during any part or all of the term where the board, the court, or the department determines that these payments work a severe hardship on the parolee supervised prisoner, probationer, or inmate. Delinquencies of two months or more in payment of a reduced fee operates in the same manner as delinquencies for the full amount."
SECTION 34. Section 24-21-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-220. The director shall be is vested with the exclusive management and control of the department and shall be is responsible for the management of the department and for the proper care, treatment, supervision, and management of offenders under its control. The director shall manage and control the department and it shall be is the duty of the director to carry out the policies of the department. The director is responsible for scheduling board meetings, assuring that the proper cases and investigations are prepared for the board, maintaining the board's official records, and performing other administrative duties relating to the board's activities. The director must employ within his office such personnel as may be necessary to carry out his duties and responsibilities including the functions of probation and parole community supervision, community based programs, financial management, research and planning, staff development and training, and internal audit. The director shall make annual written reports to the board, the Governor, and the General Assembly providing statistical and other information pertinent to the department's activities."
SECTION 35. Section 24-21-230 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-230. The director must employ such probation and community supervision agents as required for service in the State and such clerical assistants as may be necessary. Such The probation and parole community supervision agents must take and pass such psychological and qualifying examinations as directed by the director. The director must ensure that each probation and community supervision agent receives adequate training. Until such the initial employment requirements are met, no person may take the oath of a probation and community supervision agent nor exercise the authority granted thereto to them."
SECTION 36. Section 24-21-280 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-280. A probation and community supervision agent must investigate all cases referred to him for investigation by the judges or director and report in writing. He must furnish to each person released on probation or community supervision under his supervision a written statement of the conditions of probation or community supervision and must instruct him regarding them. He must keep informed concerning the conduct and condition of each person on probation or parole community supervision under his supervision by visiting, requiring reports, and in other ways, and must report in writing as often as the court or director may require. He must use practicable and suitable methods to aid and encourage persons on probation or parole community supervision to bring about improvement in their conduct and condition. A probation or community supervision agent must keep detailed records of his work, make reports in writing, and perform other duties as the director may require. A probation or community supervision agent must have, in the execution of his duties, the power to issue an arrest warrant or a citation charging a violation of conditions of supervision, the powers of arrest, and to the extent necessary the same right to execute process given by law to sheriffs. In the performance of his duties of probation, and parole community supervision, and investigation and supervision, he is regarded as the official representative of the court and the department."
SECTION 37. Section 24-21-300 of the 1976 Code is amended to read:
"Section 24-21-300. At any time during a period of supervision, a probation and parole community supervision agent, instead of issuing a warrant, may issue a written citation and affidavit setting forth that the probationer, parolee supervised prisoner, or any a person released or furloughed under the Prison Overcrowding Powers Offender Management Systems Act in the agent's judgment violates the conditions of his release or suspended sentence. The
citation must be directed to the probationer, parolee supervised prisoner, or the person released or furloughed, must require him to appear at a specified time, date, and court or other place, and must state the charges. The citation must set forth the probationer's, parolee's supervised prisoner's, or released or furloughed person's rights and contain a statement that a hearing will be held in his absence if he fails to appear and that he may be imprisoned as a result of his absence. The citation may be served by a law enforcement officer upon the request of a probation and parole community supervision agent. The issuance of a citation or warrant during the period of supervision gives jurisdiction to the court and the board at any hearing on the violation."
SECTION 38. Section 24-21-910 of the 1976 Code is amended to read:
"Section 24-21-910. The Board of Probation, Parole, and Pardon Services, and Community Supervision Board shall consider all petitions for reprieves or the commutation of a sentence of death to life imprisonment which may be referred to it by the Governor and shall make its recommendations to the Governor regarding such the petitions. The Governor may or may not adopt such the recommendations but in case he does not he shall submit his reasons for not doing so to the General Assembly. The Governor may act on any such petition without reference to the board."
SECTION 39. Section 24-21-950 of the 1976 Code is amended to read:
"Section 24-21-950. The following guidelines shall must be utilized by the board when determining when an individual is eligible for pardon consideration.
A.(1) Probationers shall must be considered upon the request of the individual anytime after discharge from supervision.
B. Persons discharged from a sentence without benefit of parole shall be considered upon the request of the individual anytime after the date of discharge.
C. Parolees shall be considered for a pardon upon the request of the individual anytime after the successful completion of five years under supervision. Parolees successfully completing the maximum parole period, if less than five years, shall be considered for pardon upon the request of the individual anytime after the date of discharge.
D. An inmate shall be considered for pardon prior to parole eligibility date only when he can produce evidence comprising the most extraordinary circumstances.
E.(2) The victim of a crime or any a member of a convicted person's family living within this State may petition for a pardon for any a person who is no longer an inmate or a probationer."
SECTION 40. Section 24-23-20 of the 1976 Code is amended to read:
"Section 24-23-20. The case classification plan shall must provide for case classification system consisting of the following:
(a)(1) supervisory control requirements which include, but are not limited to, restrictions on the probationer/parolee's movement in the community, living arrangements, social associations, and reporting requirements;
(b)(2) rehabilitation needs of probationer/parolee including, but not limited to, employment, education, training, alcohol and drug treatment, counseling and guidance with regard to alcohol and drug abuse, psychological or emotional problems, or handicaps;
(c)(3) categorization of the offender as to the extent and type of staff time needed, possible assignment to specialized caseload or treatment programs, and specifics as to the degree of perceived risk posed by the probationer/parolee;
(d)(4) identification of strategies and resources to meet the identified needs, and specific objectives for the probationer/parolee to strive to meet such as obtaining employment, participating in a counseling program, and securing better living arrangements;
(e)(5) periodic and systematic review of cases to assess the adequacy of supervisory controls, participation in rehabilitation programs, and need for recategorization based upon the behavior and progress of the probationer/parolee; and
(f)(6) regular statewide monitoring and evaluation of the case classification by appropriate supervisory, classification, and program development/ and evaluation staff in the central administrative office."
SECTION 41. Section 24-23-30 of the 1976 Code is amended to read:
"Section 24-23-30. The community corrections plan shall must include, but is not be limited to, describing the following community-based program needs:
(a)(1) an intensive supervision program for probationers and parolees supervised prisoners who require more than average supervision;
(b)(2) a supervised inmate furlough or community supervision program whereby inmates under the jurisdiction of the Department of Corrections can be administratively transferred to the supervision of state probation and parole community supervision agents for the purposes of pre-release preparation, securing employment and living arrangements, or obtaining rehabilitation services;
(c)(3) a contract rehabilitation services program whereby private and public agencies, such as the Department of Vocational Rehabilitation and the Department of Mental Health and the various county commissions on alcohol and drug abuse, provide diagnostic and rehabilitative services to offenders who are under the board's jurisdiction;
(d)(4) community-based residential programs whereby public and private agencies as well as the board establish and operate halfway houses for those offenders who cannot perform satisfactorily on probation or parole community supervision;
(e)(5) expanded use of presentence investigations and their role and potential for increasing the use of community-based programs, restitution, and victim assistance; and
(f)(6) identification of programs for youthful and first offenders."
SECTION 42. Section 24-23-40 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-23-40. The community corrections plan shall provide for the department's:
(a)(1) The department's development, implementation, monitoring, and evaluation of statewide policies, procedures, and agreements with state agencies, such as the Departments Department of Vocational Rehabilitation, the Department of Mental Health, and the Department of Alcohol and Other Drug Abuse Services, for purposes of coordination and referral of probationers and parolees community supervision for rehabilitation services.
(b)(2) The department's development of specific guidelines for the vigorous monitoring of restitution orders and fines to increase the efficiency of collection and development of a systematic reporting system so as to notify the judiciary of restitution and fine payment failures on a regular basis.
(c)(3) The department's development of a program development and evaluation capability so that the department can monitor and evaluate the effectiveness of the above programs as well as to conduct research and special studies on such issues as parole outcomes, revocations and recidivism.
(d)(4) The department's development of adequate training and staff development for its employees."
SECTION 43. The second paragraph of Section 24-23-115 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"The Department of Probation, Parole and Pardon Services, and Community Supervision shall establish by regulation pursuant to the Administrative Procedures Act a definition of the term 'public service work', and a mechanism for supervision of persons performing public service work."
SECTION 44. Section 24-23-210(B) of the 1976 Code, as last amended by Section 41A, Part II, Act 171 of 1991, is further amended to read:
"(B) When a person is convicted, pleads guilty or nolo contendere, and is sentenced to payment of a fine or when a person forfeits bond to an offense within the jurisdiction of the court of general sessions, there is imposed an assessment, in addition to any other cost or fine imposed by law, in the sum of thirty dollars.
If an offender is sentenced to probation or imprisonment and probation without the imposition of a fine, the assessment must be collected by the clerk of court as a condition of probation. If a defendant is sentenced to imprisonment and is later released to the supervision of the Department of Probation, Parole, and Pardon Services, and Community Supervision and has not otherwise paid the assessment, the assessment must be collected as a condition of supervision, regardless of the type of original sentence imposed.
In any court, when When sentencing a person convicted of an offense which has proximately caused physical injury or death to the victim, the court may order the defendant to pay a restitution charge commensurate with the offense committed, not to exceed ten thousand dollars, to the Victim's Compensation Fund State Office of Victim Assistance. Any A circuit court judge may waive or suspend the imposition of all or part of the assessment made under this subsection upon finding that the assessment would place severe financial hardship upon the offender or his family."
SECTION 45. The second paragraph of Section 24-23-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Assessments imposed as a condition of supervision upon release from prison as specified in Section 24-23-210 must be collected by the supervising agent who shall transmit those funds to the Department of Probation, Parole and Pardon Services, and Community Supervision where it must be deposited in to the State treasury Treasurer. The county treasurer, after duly noting and recording the receipt of the payments, shall transfer those funds to the State Treasurer who shall deposit them in the state's general fund. Assessments collected by municipal courts must be paid monthly to the municipal financial officer who, after duly noting and recording the receipt of the payments, shall transfer those funds to the State Treasurer as provided in this section. From these funds, an amount equal to one-half of the amount deposited in fiscal year 1986-87 must be appropriated to the department for the purpose of developing and operating community corrections programs. The remainder of the funds must be deposited in the Victim's Compensation Fund. The director shall monitor the collection and reporting of these assessments imposed as a condition of supervision and assure that they are transferred properly to the State Treasurer."
SECTION 46. Article 7 of Chapter 21 of Title 24 and Sections 24-3-40, 24-3-50, 24-13-60, 24-13-210, 24-13-220, and 24-13-270 of the 1976 Code are repealed.
SECTION 47. Upon approval by the Governor, this act takes effect January 1, 1995, and applies to all crimes committed on or after that date./
Amend title to conform.
Rep. WILKINS explained the amendment.
Rep. WILKINS spoke in favor of the amendment.
Rep. WHITE moved to commit the Bill to the Judiciary Committee.
Rep. WOFFORD moved to table the motion.
Rep. KLAUBER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Allison Baker Barber Brown, H. Cato Chamblee Clyborne Cooper Davenport Elliott Fair Farr Fulmer Gamble Gonzales Hallman Harrell Harris, J. Harris, P. Harwell Haskins Huff Hutson Jaskwhich Keegan Kelley Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks McCraw McLeod Meacham Neilson Phillips Quinn Richardson Riser Robinson Shissias Simrill Smith, D. Smith, R. Stille Stoddard Stone Stuart Townsend Trotter Vaughn Waldrop Walker Wells Wilder, D. Wilkins Witherspoon Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Anderson Askins Bailey, G. Bailey, J. Baxley Beatty Boan Breeland Brown, G. Brown, J. Byrd Canty Carnell Cobb-Hunter Corning Cromer Delleney Felder Govan Graham Harrelson Harrison Harvin Hines Houck Inabinett Jennings Kennedy Keyserling Kinon Martin McAbee McElveen McKay McMahand McTeer Moody-Lawrence Neal Rhoad Rudnick Sheheen Snow Spearman Sturkie Thomas Tucker Waites Whipper White Wilder, J. Wilkes Williams Worley
So, the motion to table was agreed to.
Reps. J. BROWN, WHITE, COBB-HUNTER, INABINETT, KENNEDY, NEAL, BREELAND, WHIPPER, CANTY, G. BROWN, HINES, McMAHAND, ANDERSON and BYRD objected to the Bill.
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.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, February 8, by the Committee on Judiciary.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, February 15, which was adopted.
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. HODGES moved to adjourn debate upon the following Bill until Tuesday, February 15, which was adopted.
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.
Rep. KLAUBER moved that the House recur to the morning hour, which was agreed to by a division vote of 45 to 32.
The following was introduced:
H. 4716 -- Rep. Townsend: A HOUSE RESOLUTION EXPRESSING THE SORROW AT THE DEATH OF JAMES THURMAN GREEN OF BELTON AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 4717 -- Reps. Townsend, P. Harris and Stille: A HOUSE RESOLUTION EXPRESSING SORROW AT THE DEATH OF WALLACE O. ALEWINE OF IVA AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1163 -- Senator Land: A CONCURRENT RESOLUTION CONGRATULATING DOROTHY (DOTTY) MCFADDIN, R.N., OF CLARENDON COUNTY ON WINNING THE "VIRGINIA C. PHILLIPS PUBLIC HEALTH NURSE EXCELLENCE IN PRACTICE AWARD," AND WISHING MRS. MCFADDIN MUCH HAPPINESS FOLLOWING HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was taken up for immediate consideration:
S. 1166 -- Senators Courson, Bryan, Cork, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO HONOR T. ESTON MARCHANT ON THE ANNOUNCEMENT OF HIS RETIREMENT AS SOUTH CAROLINA'S ADJUTANT GENERAL AND TO THANK HIM FOR HIS MANY YEARS OF PUBLIC SERVICE.
Whereas, Major General T. Eston Marchant recently announced that he would not seek re-election as State Adjutant General; and
Whereas, General Marchant's retirement will mark the end of 16 years of dedicated service to the State of South Carolina, during which time he served as President of the Adjutants General Association and the South Carolina National Guard received national acclaim for its skill and readiness; and
Whereas, the skill and readiness of the South Carolina National Guard under General Marchant's command has been recognized both within the borders of this State, by virtue of the Guard's response to Hurricane Hugo, and abroad, by virtue of the Guard's performance in Operation Desert Storm; and
Whereas, General Marchant was born in Columbia, S.C. on December 9, 1921, the son of the late Trelawney Eston and Lila Cave Marchant; and
Whereas, General Marchant, while entrusted with the immense responsibility of chief commander of the state militia, has been a committed and dedicated family man and has been blessed with a loving wife and four children; and
Whereas, General Marchant enlisted in the U.S. Marine Corps in 1942 and served in the South Pacific, participating in the Bougainville, New Georgia, Guam and Iwo Jima campaigns; and
Whereas, General Marchant was commissioned as a Second Lieutenant in the South Carolina Army National Guard in 1947 and rose through the ranks, serving in a number of vital capacities within the Guard prior to his election to the position of Adjutant General in November 1978; and
Whereas, in recognition of his demonstrated devotion and love for both his country and State, the people of South Carolina have continually entrusted General Marchant with the responsibility of commanding our state militia, electing him a total of four times; and
Whereas, General Marchant was educated in South Carolina, receiving both his Bachelor of Science degree in Business Administration and Law degree from the University of South Carolina; and
Whereas, as an attorney, General Marchant has been a loyal member of the legal profession serving as a Municipal Court Judge and a past President of the Richland County Bar Association; and
Whereas, General Marchant, by virtue of his past service on the Board of Visitors of the Citadel and the Board of Trustees of the University of South Carolina, has also demonstrated a sincere and personal interest in supporting South Carolina's educational system; and
Whereas, General Marchant, through his involvement in the Columbia Kiwanis Club, the Columbia Rotary Club and his previous service as a Director for First Palmetto Bank, has demonstrated a true concern for the continued growth and development of South Carolina's business community; and
Whereas, the people of South Carolina owe a great debt of gratitude to General Marchant for all his years of faithful public service. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly hereby honor General T. Eston Marchant on the announcement of his retirement as South Carolina's Adjutant General and thank him for his many years of public service to this State and this country.
Be it further resolved that a copy of this resolution be forwarded to Adjutant General T. Eston Marchant.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1167 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SECTION OF INTERSTATE HIGHWAY 26 BEGINNING AT MT. PLEASANT STREET AND ENDING AT THE TERMINAL INTERCHANGE AT U.S. ROUTE 17 FOR MARJORIE AMOS-FRAZIER.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1168 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME HIGHWAY 61 IN CHARLESTON RUNNING FROM MAGOOD ROAD TO BEES FERRY ROAD AS THE GLENN F. MCCONNELL EXPRESSWAY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1169 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE HIGHWAY 61 CONNECTOR FROM THE JAMES ISLAND EXPRESSWAY TO SOUTH CAROLINA ROUTE 61 IN CHARLESTON COUNTY AS THE HERBERT U. FIELDING CONNECTOR.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1170 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT SECTION OF THE MARK CLARK EXPRESSWAY WHICH CROSSES OVER THE WANDO RIVER AS THE JAMES B. EDWARDS BRIDGE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4718 -- Reps. Martin, Kelley, Worley, Keegan and Witherspoon: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS, BY ADDING CHAPTER 46 SO AS TO ENACT THE "TELEPHONE COOPERATIVE ACT"; AND TO AMEND SECTION 33-45-20, RELATING TO COOPERATIVE ASSOCIATIONS AND RESTRICTIONS ON USE OF THE TERM "COOPERATIVE", SO AS TO PERMIT THE USE OF THAT TERM BY CORPORATIONS AS PART OF THEIR CORPORATE OR OTHER BUSINESS NAME OR TITLE IF SUCH CORPORATIONS ARE INCORPORATED UNDER CHAPTER 46 OF TITLE 33.
Referred to Committee on Labor, Commerce and Industry.
S. 33 -- Senators Passailaigue and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE THAT LAWS ENACTED TO MAINTAIN CONFORMITY OF THE STATE INCOME TAX WITH THE PROVISIONS OF THE FEDERAL INCOME TAX MAY NOT RESULT IN INCREASES OR DECREASES IN THE STATE INCOME TAX LIABILITY OF SIMILAR REPRESENTATIVE CLASSES OF INDIVIDUAL AND CORPORATE TAXPAYERS.
Referred to Committee on Judiciary.
S. 436 -- Senator Richter: A BILL TO AMEND ARTICLE 5, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION 56-5-765, SO AS TO PROVIDE THAT WHEN A MOTOR VEHICLE OF A LAW ENFORCEMENT AGENCY IS INVOLVED IN A TRAFFIC COLLISION, THE INVESTIGATION OF THE COLLISION MUST BE PERFORMED BY AN INDEPENDENT LAW ENFORCEMENT AGENCY, EITHER THE STATE HIGHWAY PATROL OR THE COUNTY SHERIFF'S DEPARTMENT.
Referred to Committee on Judiciary.
S. 628 -- Senators Rankin, Drummond and J. Verne Smith: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDIA FOR PAYMENT OF PROPERTY TAXES, SO AS TO ALLOW PAYMENT OF PROPERTY TAXES BY CREDIT CARD AND TO DELETE OBSOLETE METHODS OF PAYMENT.
Referred to Committee on Ways and Means.
Rep. CROMER moved to adjourn debate upon the following Bill until Tuesday, February 15, which was adopted.
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.
The following Bill was taken up.
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.
Reps. KLAUBER and CARNELL proposed the following Amendment No. 1, which was adopted.
Strike the sentence on line 33 reading "The results of the referendum shall be advisory only."
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
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.
Rep. CLYBORNE 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 withdrew his objections to the following Bill whereupon objections were raised by Reps. KOON and FELDER.
H. 3631 -- Reps. Elliott, G. Bailey, Houck, McKay, Askins, Robinson, Davenport, Stone, Byrd, Cato, A. Young and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-147 SO AS TO PROHIBIT A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.
On motion of Rep. T.C. ALEXANDER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
S. 1023 -- Senator Macaulay: A BILL TO AMEND CHAPTER 5, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, SO AS TO REVISE AND CLARIFY DEFINITIONS.
On motion of Rep. MARTIN, with unanimous consent, the Bill was recalled from the Committee on Education and Public Works and was referred to the Committee on Judiciary.
H. 4626 -- Reps. Martin, Cromer, Jennings, Wofford, Worley, Wilkins, Thomas, Graham, McElveen, Hodges, Witherspoon, Baxley and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-23-200 SO AS TO PROVIDE FOR METAL DETECTORS IN MIDDLE, JUNIOR HIGH, AND HIGH SCHOOLS IN THIS STATE AND PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL PROMULGATE REGULATIONS REGARDING THE INSTALLATION OF THE EQUIPMENT; TO AMEND SECTIONS 16-23-430, AS AMENDED, RELATING TO CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO INCREASE THE PENALTY; 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JUVENILE CRIMINAL CASES TO CIRCUIT COURT, SO AS TO PROVIDE THAT CIRCUIT COURT HAS EXCLUSIVE JURISDICTION OVER A JUVENILE SIXTEEN YEARS OF AGE OR OLDER WHO IS CHARGED WITH A VIOLENT CRIME AND TO MAKE OTHER CHANGES TO CONFORM TO THIS REQUIREMENT; AND 20-7-600, AS AMENDED, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO ALLOW DETENTION IN A SECURE FACILITY OF A JUVENILE WHO HAS IN HIS POSSESSION A DEADLY WEAPON AND TO EXTEND THE DETENTION TIME WITHOUT A HEARING TO FORTY-EIGHT HOURS.
The SPEAKER granted Rep. WAITES a temporary leave of absence for the remainder of the day.
The Senate amendments to the following Bill were taken up for consideration.
H. 3351 -- Reps. Carnell and Klauber: A BILL TO AMEND SECTION 40-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE STATE LICENSING BOARD FOR CONTRACTORS, SO AS TO PROVIDE THAT A MAJORITY INSTEAD OF FIVE MEMBERS CONSTITUTES A QUORUM; AND SECTION 40-11-260, AS AMENDED, RELATING TO THE REISSUANCE BY THE BOARD OF A REVOKED LICENSE, SO AS TO PROVIDE FOR REISSUANCE BY A MAJORITY INSTEAD OF FIVE OR MORE MEMBERS.
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. WILKES moved that the House do now adjourn.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Barber Baxley Beatty Boan Breeland Brown, G. Carnell Cobb-Hunter Harrelson Harris, P. Harvin Hines Hodges Inabinett Jennings Kennedy Keyserling Martin Mattos McAbee McLeod McMahand McTeer Neal Rhoad Richardson Rudnick Spearman Whipper White Wilder, D. Wilder, J. Wilkes Worley
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, G. Baker Brown, H. Cato Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Elliott Farr Felder Gamble Gonzales Govan Graham Hallman Harrell Harris, J. Harrison Harwell Haskins Holt Houck Huff Hutson Jaskwhich Keegan Kelley Kinon Klauber Koon Law Littlejohn Marchbanks McCraw Meacham Neilson Phillips Riser Robinson Sheheen Simrill Smith, R. Snow Stille Stone Stuart Thomas Trotter Tucker Vaughn Walker Wells Williams Witherspoon Wofford
So, the House refused to adjourn.
The following Concurrent Resolution was taken up.
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.
Whereas, William Farr was born in Onslow County, North Carolina, on March 16, 1748; and
Whereas, he was the son of Richard Farr, Sr., and Hannah Farr; and
Whereas, William Farr at a young age moved westward to Mecklenburg County, North Carolina, and then southward to Union County, South Carolina, where he settled at Fish Dam Ford along the west banks of the Broad River; and
Whereas, during his lifetime, he was a skilled planter and merchant; and
Whereas, he was one of the early leaders in the struggle for American independence and a virulent hater of Tories; and
Whereas, he earned his title by fighting with great courage in the American Revolution in battles beginning with the famous "Snow Campaign" and also at Cowpens, Musgrove's Mills, Stono, Hanging Rock, Rocky Mount, and Blackstock on the Tiger River; and
Whereas, strong traditional evidence indicates that Colonel Farr was in the Battle of Kings Mountain; and
Whereas, he volunteered as captain in the State Militia of South Carolina in 1776 under Colonel John Thomas's Spartan Regiment and served in this capacity until the old Spartan Regiment was divided in 1777; and
Whereas, in 1777, Colonel Farr served as Captain of Foot and Captain of Horse in the second Spartan Regiment under the command of Colonel Thomas Brandon, where he was soon promoted to adjutant and then major in 1780; and
Whereas, Colonel Farr soon was appointed to the rank of lieutenant colonel in 1781 and served under General Pickens with great bravery for his Country until the end of the Revolutionary War; and
Whereas, the Battle at Cowpens began only after Colonel Farr gave permission to fire the first shot upon a British advancing line and a British officer fell from his horse; and
Whereas, some persons have referred to Colonel Farr as "the Forgotten Hero"; however, he was a true patriot and a brave soldier who loved his country and will always be remembered; and
Whereas, in 1785, he began serving as the first sheriff of Union County, South Carolina; and
Whereas, he continued to serve his County and his State by serving as the first member of the South Carolina House of Representatives from Union County, commencing in 1791 and continuing until his death; and
Whereas, serving in the Ninth General Assembly and the Tenth General Assembly, Colonel Farr served under Speaker Jacob Read's leadership and with Governor Charles Pinckney and Governor William Moultrie; and
Whereas, he fought vigorously for the judiciary, for farmers, and for the basic needs of his fellow Upcountrymen of South Carolina; and
Whereas, he was selected as a commissioner to choose a place to build a new courthouse in the newly created Pinckney district which resulted in the new county seat and town named Pinckneyville; and
Whereas, his legislative record reflects his support for high ethics, open government, and a strong military; and
Whereas, his will affirms that he was a Christian and a Godfearing man; and
Whereas, he was the devoted father of eleven children: Richard, William Black, James, and Hannah Green, who were born to his first wife Eleanor Black Jeter Farr; other children were John Pulaski, Titus Green, Thomas John Smith, Eleanor Thomas, Ann Kincheloe, Elizabeth Frances, and Robert Goodloe Harper, who were born to Colonel Farr's second wife, Elizabeth Taliavo Stribling Farr; and
Whereas, Colonel William Farr departed this life on March 2, 1794; and
Whereas, it seems entirely fitting and proper to commemorate the gifts and contributions of Colonel Farr on the two hundredth anniversary of his death and to recognize and honor his lasting mark in South Carolina history as a true patriot and distinguished legislator. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, commemorates 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.
Be it further resolved that the Department of Transportation 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 in close proximity to his gravesite the "Colonel William Farr Memorial Bridge" and that the department erect appropriate markers.
Be it further resolved that Colonel Farr's descendants, Mr. John E. Farr and Dr. Tommy F. Farr, be granted the privilege of the floor of the House of Representatives on Wednesday, March 2, 1994, at a time to be determined by the Speaker, for the purpose of hearing this resolution read from the podium and having the original of the resolution presented to them on behalf of all of the descendants of Colonel William Farr.
Be it further resolved that copies of this resolution be forwarded to the South Carolina State Museum, the South Carolina Department of Archives and History, the Union County Museum, the Daughters of the American Revolution in Washington, D.C., and the National Archives in Washington, D.C.
The Concurrent Resolution was adopted and ordered sent to the Senate, by a division vote of 47 to 6.
The motion period was dispensed with on motion of Rep. HODGES.
Rep. PHILLIPS moved that the House recur to the morning hour, which was agreed to, by a division vote of 50 to 47.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
Rep. J. BROWN withdrew his objections to the following Bill whereupon an objection was raised by Rep. McMAHAND.
H. 3631 -- Reps. Elliott, G. Bailey, Houck, McKay, Askins, Robinson, Davenport, Stone, Byrd, Cato, A. Young and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-147 SO AS TO PROHIBIT A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.
Rep. TUCKER withdrew his objections to the following Bill whereupon an objection was raised by Rep. CORNING.
S. 511 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-13-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDER'S LICENSES, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER FOR SALE, AND TRANSPORT CULTURED GAME FISH TO STOCK OR RESTOCK PRIVATE PONDS; TO PROVIDE THAT CULTURED GAME FISH FOUR INCHES OR LARGER MUST BE PRODUCED FROM SOUTH CAROLINA RAISED BROOD STOCK; AND TO PROVIDE A DEFINITION FOR CULTURED GAME FISH.
Rep. HOLT withdrew his objections to the following Bill whereupon an objection was raised by Rep. DAVENPORT.
H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.
Rep. TROTTER withdrew his objection to H. 3765 however, other objections remained upon the Bill.
Rep. D. SMITH withdrew his objections to the following Bill whereupon an objection was raised by Rep. SIMRILL.
S. 511 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-13-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDER'S LICENSES, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER FOR SALE, AND TRANSPORT CULTURED GAME FISH TO STOCK OR RESTOCK PRIVATE PONDS; TO PROVIDE THAT CULTURED GAME FISH FOUR INCHES OR LARGER MUST BE PRODUCED FROM SOUTH CAROLINA RAISED BROOD STOCK; AND TO PROVIDE A DEFINITION FOR CULTURED GAME FISH.
Rep. WHITE moved to dispense with the Motion Period.
As a first substitute Rep. J. BAILEY moved to recall H. 3245 from the Ways and Means Committee.
As a second substitute Rep. T.C. ALEXANDER moved to recall H. 4421 from the Ways and Means Committee, which was agreed to.
Rep. HODGES moved to dispense with the balance of the Motion Period, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
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.
Rep. HODGES moved that the House do now adjourn.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Baxley Beatty Breeland Byrd Canty Carnell Cobb-Hunter Harris, J. Harris, P. Harvin Hines Hodges Inabinett Jennings Kennedy Keyserling Kirsh Martin McAbee McKay McLeod McMahand McTeer Moody-Lawrence Phillips Richardson Rudnick Whipper Wilkes Worley
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, G. Baker Barber Brown, H. Cato Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Fair Farr Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harrison Haskins Holt Houck Huff Hutson Jaskwhich Keegan Kelley Kinon Klauber Lanford Law Littlejohn Marchbanks McCraw Meacham Quinn Rhoad Riser Robinson Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stone Stuart Sturkie Thomas Townsend Trotter Vaughn Walker Wells Wilder, J. Wilkins Williams Witherspoon Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
The SPEAKER granted Reps. WALDROP and WILKES a leave of absence for the remainder of the day.
Reps. RUDNICK and COBB-HUNTER proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\436\11512AC.93), which was tabled.
Amend the bill, as and if amended, Section 44-41-330, by adding an appropriately lettered subsection to read:
/( ) This section does not apply:
(1) in case of rape or incest;
(2) when a fetal abnormality exists;
(3) when the woman's medical condition would indicate that continuation of the pregnancy presents grave risks to her life or health (heart conditions, diabetes, MS, etc.);
(4) for Therapeutic Privilege as provided by the Therapeutic Privilege in Informed Consent Law;
(5) if materials described in Section 44-41-340 are unavailable from the State./
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. CORNING spoke against the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. HASKINS spoke against the amendment and moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, G. Baker Barber Brown, G. Brown, H. Cato Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Fulmer Gonzales Graham Hallman Harrell Harris, P. Harrison Harvin Haskins Holt Huff Hutson Jaskwhich Keegan Kelley Kennedy Klauber Koon Lanford Littlejohn Marchbanks Mattos McCraw McElveen Meacham Quinn Riser Robinson Sheheen Simrill Smith, D. Smith, R. Stille Stone Sturkie Townsend Trotter Tucker Vaughn Walker Wells Wilder, D. Wilkins Witherspoon Wofford Worley Young, A. Young, R.
Those who voted in the negative are:
Askins Bailey, J. Baxley Boan Breeland Brown, J. Byrd Canty Cobb-Hunter Gamble Govan Harrelson Harris, J. Hines Hodges Inabinett Jennings Keyserling Kinon Kirsh Law Martin McAbee McKay McLeod McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Rudnick Shissias Snow Spearman Stuart Thomas Whipper White Wilder, J. Williams
So, the amendment was tabled.
Reps. RUDNICK and COBB-HUNTER proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\436\11513AC.93), which was tabled.
Amend the bill, as and if amended, by deleting Section 44-41-330(F) and inserting:
/(F) Subsections (C) and (D) do not apply if the woman seeking an abortion is a minor and her parent's have consented to the abortion./
Amend title to conform.
Rep. WILLIAMS moved that the House recur to the morning hour, which was rejected.
Rep. P. HARRIS moved that the House do now adjourn.
Rep. CORNING 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. WELLS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, G. Bailey, J. Barber Baxley Beatty Boan Breeland Brown, G. Brown, J. Byrd Canty Cobb-Hunter Elliott Farr Gamble Harrelson Harris, J. Harris, P. Harvin Hines Hodges Houck Inabinett Kennedy Keyserling Kirsh Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Neal Phillips Rhoad Richardson Rudnick Sheheen Shissias Snow Spearman Thomas Tucker Whipper White Wilder, D. Wilder, J.
Those who voted in the negative are:
Allison Baker Brown, H. Cato Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Fair Fulmer Gonzales Govan Graham Hallman Harrell Harrison Harwell Haskins Holt Huff Hutson Jaskwhich Keegan Kelley Kinon Klauber Koon Lanford Law Littlejohn Marchbanks Martin Meacham Neilson Quinn Riser Robinson Simrill Smith, D. Smith, R. Stille Stone Stuart Sturkie Townsend Trotter Vaughn Walker Wells Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
So, the House refused to adjourn.
Rep. RUDNICK explained the amendment.
The SPEAKER granted Reps. McMAHAND and ANDERSON a leave of absence for the remainder of the day.
Rep. CORNING moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Baker Barber Baxley Brown, H. Cato Cooper Corning Cromer Davenport Delleney Fair Farr Fulmer Gonzales Govan Graham Hallman Harrell Harrelson Harris, P. Harrison Harwell Haskins Huff Hutson Jaskwhich Keegan Klauber Koon Lanford Law Littlejohn Marchbanks McCraw McKay Meacham Neilson Phillips Quinn Riser Robinson Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stone Stuart Sturkie Townsend Trotter Tucker Vaughn Walker Wells Wilder, D. Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Askins Bailey, G. Bailey, J. Beatty Breeland Byrd Canty Cobb-Hunter Gamble Harris, J. Harvin Hines Holt Inabinett Jennings Kelley Keyserling Kinon Kirsh McAbee McLeod McTeer Moody-Lawrence Neal Rhoad Richardson Rudnick Shissias Snow Thomas Whipper White Wilder, J. Williams
So, the amendment was tabled.
Rep. H. BROWN moved that the House recur to the morning hour.
Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey, G. Barber Baxley Breeland Brown, H. Byrd Cobb-Hunter Graham Harris, J. Harris, P. Hodges Klauber Law Marchbanks McCraw McLeod McTeer Neal Rudnick Shissias Snow Thomas Trotter Tucker Whipper White Wilder, D. Williams Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Baker Cato Clyborne Cooper Corning Cromer Davenport Delleney Fair Farr Fulmer Gamble Gonzales Hallman Harrell Harrison Harwell Holt Hutson Inabinett Keegan Kelley Keyserling Kinon Lanford Littlejohn McKay Meacham Moody-Lawrence Neilson Rhoad Riser Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stone Stuart Sturkie Townsend Vaughn Walker Wells Wilder, J. Witherspoon Worley Wright Young, A. Young, R.
So, the House refused to recur to the morning hour.
Reps. RUDNICK and COBB-HUNTER proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\436\11514AC.93).
Amend the bill, as and if amended, by deleting Section 44-41-340(A)(2) and inserting:
/(2) materials designed to inform the woman of the probable anatomical and physiological characteristics of the embryo or fetus at two-week gestational increments from the time when a woman can be known to be pregnant through the first trimester of pregnancy. The materials must be objective, nonjudgmental, and designed to convey only accurate scientific information about the embryo or fetus at the various gestational ages;/
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. SPEARMAN moved that the House do now adjourn.
Rep. KLAUBER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Askins Bailey, G. Bailey, J. Barber Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Chamblee Cobb-Hunter Farr Gamble Govan Harrelson Harris, J. Harris, P. Harvin Hines Hodges Houck Inabinett Jennings Kennedy Keyserling Kirsh Law Martin Mattos McAbee McCraw McElveen McKay McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Rudnick Sheheen Shissias Snow Spearman Stille Thomas Townsend Tucker Whipper White Wilder, D. Wilder, J. Williams Wofford
Those who voted in the negative are:
Alexander, M.O. Allison Baker Cato Cooper Corning Cromer Davenport Delleney Fair Fulmer Gonzales Graham Hallman Harrell Harrison Harwell Haskins Holt Huff Hutson Jaskwhich Keegan Kelley Kinon Klauber Koon Lanford Littlejohn Marchbanks Meacham Quinn Riser Robinson Simrill Smith, D. Smith, R. Stone Stuart Sturkie Trotter Vaughn Walker Wells Witherspoon Worley Wright Young, A. Young, R.
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 7, Rep. RUDNICK having the floor.
At 4:40 P.M. the House in accordance with the motion of Rep. R. SMITH adjourned in memory of Rev. James Charles Sharpe of Hilda, to meet at 10:00 A.M. tomorrow.
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