Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
As we enter into a new month, we pray, Lord, that we may feel Your nearness to help us along the way. When problems arise, cause us to know there is always a solution, even if it is to learn to live with the problem. Give us a clear vision to move forward, knowing that one cannot plow a straight furrow looking backward. We know not what the future holds, but we know Who holds it. May the wisdom of our all-knowing God become our wisdom, His will our will. Deliver us from that selfishness that tolerates only its own way.
And be always our Light and our Pathway, as in Your Holy Name we pray. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. WELLS moved that when the House adjourns, it adjourn in memory of Robert Sigworth, which was agreed to.
The following was received.
Columbia, S.C., February 24, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 487:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The Senate returned to the House with amendments the following:
H. 3357 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE TRAPPING OR SNARING OF QUAIL, SO AS TO PROVIDE FOR THE ISSUANCE OF PERMITS BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO TRAP QUAIL.
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. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3958 -- Reps. Wright and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-5 SO AS TO PROVIDE FOR THE PURPOSES OF THE STATE ASSESSMENT EDUCATIONAL SYSTEM; TO AMEND SECTION 59-30-10, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR A REVISED STATEWIDE ASSESSMENT PROGRAM; TO AMEND SECTION 59-30-30, RELATING TO THE DUTIES OF SCHOOL BOARDS IN REGARD TO THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO REVISE THESE DUTIES IN CONFORMITY WITH THE STATEWIDE ASSESSMENT PROGRAM; AND TO AMEND SECTION 59-30-50, RELATING TO TIMETABLES IN REGARD TO BASIC SKILLS ASSESSMENT, SO AS TO PROVIDE TIMETABLES FOR THE STATEWIDE ASSESSMENT PROGRAM ABOVE ESTABLISHED.
Ordered for consideration tomorrow.
The following was introduced:
H. 4827 -- Reps. McElveen, Neal, Shissias, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson, Wells, Waldrop, Boan and Hodges: A CONCURRENT RESOLUTION ENDORSING THE PETITION REQUESTING AN ADMINISTRATIVE WAIVER REGULATION FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ALLOW STATES TO DEVIATE FROM AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM REGULATIONS FOR THE PURPOSE OF MAKING PROGRAM ADMINISTRATION MORE EFFICIENT AND EFFECTIVE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4828 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE VARSITY CHEERLEADERS OF FORT MILL HIGH SCHOOL IN YORK COUNTY ON WINNING THE STATE CHEERLEADING CHAMPIONSHIP AFTER PARTICIPATING IN THE SOUTH CAROLINA STATE CHEERLEADING ASSOCIATION'S STATE COMPETITION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. J. HARRIS, with unanimous consent, the following was taken up for immediate consideration:
H. 4829 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1994 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1994 FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE GENERAL ASSEMBLY TO BE HELD IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 27, 1994, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1994 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
Whereas, in 1987 the General Assembly created the South Carolina Folk Heritage Award, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and for their State in ways that are significant because their work has lasted, often for hundreds of years; and
Whereas, the winners of the 1994 South Carolina Folk Heritage Awards are citizens who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents and through their substantial contributions to the traditional heritage of South Carolina; and
Whereas, the 1994 South Carolina Folk Heritage Awards Advisory Committee has performed its duties admirably. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly invite the winners of the 1994 South Carolina Folk Heritage Awards and the members of the 1994 South Carolina Folk Heritage Awards Advisory Committee to attend a joint session of the General Assembly, to be held in the Hall of the House of Representatives at 12:00 noon on Wednesday, April 27, 1994, and that the members of the General Assembly recognize and commend the 1994 South Carolina Folk Heritage Awards winners for their outstanding contributions to folk art in South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4820 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1994 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 1-1-1210, AS AMENDED, OF THE 1976 CODE RELATING TO THE SALARIES OF THE GOVERNOR, LIEUTENANT GOVERNOR, AND OTHER STATEWIDE ELECTED CONSTITUTIONAL OFFICERS, SO AS TO SET THEIR SALARIES EFFECTIVE WHEN THEY ASSUME OFFICE IN 1995 AND PROVIDE FOR ANNUAL INCREASES FOR THESE OFFICERS; TO AMEND SECTION 12-7-435, AS AMENDED, OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ALLOW A RESIDENT TAXPAYER A DEDUCTION FOR EACH DEPENDENT CLAIMED ON THE TAXPAYER'S FEDERAL INCOME TAX RETURN WHO HAS NOT YET ATTAINED THE AGE OF SIX YEARS DURING THE APPLICABLE TAX YEAR TO MAKE THE DEDUCTION CONTINGENT UPON IDENTIFICATION OF A REVENUE SOURCE, AND PROVIDE FOR THE REVENUE SOURCE FOR FISCAL YEAR 1994-95 ONLY AS A DELAY IN THE FINAL STEP IN THE NET CAPITAL GAIN DEDUCTION; TO AMEND SECTION 48-23-100, AS AMENDED, OF THE 1976 CODE, RELATING TO FOREST TREE SALES BY THE STATE COMMISSION OF FORESTRY, SO AS TO DELETE REFERENCES TO FOREST TREES AND DELETE THE REQUIREMENT THAT SALE COSTS MAY NOT EXCEED THE COST OF PRODUCTION AND DISTRIBUTION, TO AUTHORIZE ADDITIONAL USES FOR THE TREES SOLD, AND TO PROVIDE THAT SALE PROCEEDS MAY BE RETAINED BY THE COMMISSION AND USED IN THE OPERATION OF TREE NURSERIES AND SEED ORCHARDS; TO AMEND SECTION 44-20-1170, AS AMENDED, OF THE 1976 CODE, RELATING TO USE AND DISPOSITION OF EXCESS DEPARTMENT OF DISABILITY AND SPECIAL NEEDS FUNDS, SO AS TO PERMIT THE DEPARTMENT TO USE EXCESS DEBT SERVICE FUNDS FOR ONE TIME PREVENTION, ASSISTIVE TECHNOLOGY, AND QUALITY INITIATIVES; TO AMEND SECTION 12-7-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 11-11-140 OF THE 1976 CODE, RELATING TO LIMITATIONS ON GENERAL FUND APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO INCLUDE IN THE CALCULATION OF THE BASE REVENUE ESTIMATE RECURRING GENERAL FUND REVENUE ENHANCEMENTS IN THE CURRENT FISCAL YEAR IF CERTIFIED BY THE BOARD OF ECONOMIC ADVISORS; TO AMEND THE 1976 CODE BY ADDING SECTION 48-23-145 SO AS TO PROVIDE FOR COMPENSATION SUPPLEMENTS FOR COMMISSION OF FORESTRY PERSONNEL; TO AMEND THE 1976 CODE BY ADDING SECTION 48-23-132 SO AS TO PROVIDE FOR THE USE OF REVENUE RECEIVED FROM CERTAIN SOURCES BY THE COMMISSION OF FORESTRY; TO AMEND SECTION 1-1-1020, AS AMENDED, OF THE 1976 CODE, RELATING TO THE INSTALLMENT PURCHASE PROGRAM OF THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD FOR LEASE OR RESALE OF EQUIPMENT TO STATE AGENCIES, SO AS TO MOVE THE ADMINISTRATION OF THE PROGRAM TO THE OFFICE OF THE STATE TREASURER AND PROVIDE THAT THE PROGRAM IS FOR THE PURPOSE OF LENDING TO STATE AGENCIES TO LEASE OR PURCHASE CERTAIN TYPES OF EQUIPMENT PURSUANT TO STATE PROCUREMENT LAWS AND REGULATIONS, TO PROVIDE ADDITIONAL EQUIPMENT WHICH MAY BE PURCHASED PURSUANT TO THE PROGRAM, AND TO PROVIDE LOWER STATED RATES OF INTEREST FOR AGENCIES BORROWING AND FOR INSURANCE RESERVE FUND LOANS FOR OPERATING THE PROGRAM; TO AMEND SECTION 20-7-2379, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE GOVERNOR RATHER THAN THE GENERAL ASSEMBLY SHALL SET THE SALARY FOR THE DIVISION DIRECTOR AND THE DIVISION STAFF; TO AMEND SECTION 58-3-100, AS AMENDED, OF THE 1976 CODE, RELATING TO EXPENSES OF OPERATING THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT ALL FEES AND CHARGES IMPOSED BY THE COMMISSION FOR ITS OPERATION MAY BE RETAINED BY THE COMMISSION EXCEPT FEES AND CHARGES ATTRIBUTABLE TO THE TRANSPORTATION DIVISION IN EXCESS OF THE DIVISION'S OPERATING EXPENSES, WHICH MUST BE CREDITED TO THE GENERAL FUND OF THE STATE; 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 MUST ALLOCATE ANNUALLY A PORTION OF THOSE FUNDS TO CLEMSON PUBLIC SERVICE ACTIVITIES FOR AGRICULTURAL TEACHER EDUCATION AND OTHER SERVICES AS PROVIDED FOR IN THE ACT, AND TO PROVIDE THAT THE LEVEL OF FUNDING MUST BE DETERMINED BY A COMMITTEE OF REPRESENTATIVES FROM VARIOUS ENTITIES; TO AMEND SECTION 44-20-355, AS AMENDED, OF THE 1976 CODE, RELATING TO THE FEE FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED, SO AS TO INCREASE THE FEE FROM FIVE DOLLARS TO EIGHT DOLLARS AND FIFTY CENTS A PATIENT DAY; TO AMEND THE 1976 CODE BY ADDING SECTION 24-3-25 SO AS TO PROVIDE FOR THE MANNER IN WHICH APPROPRIATIONS SHALL BE PROVIDED AND DISBURSED TO THE DEPARTMENT OF JUVENILE JUSTICE FOR CERTAIN EDUCATIONAL PROGRAMS; BY ADDING SECTION 24-25-35 SO AS TO PROVIDE FOR THE MANNER IN WHICH APPROPRIATIONS SHALL BE PROVIDED AND DISBURSED TO THE PALMETTO UNIFIED SCHOOL DISTRICT 1 OF THE DEPARTMENT OF CORRECTIONS FOR CERTAIN EDUCATIONAL PROGRAMS; BY ADDING SECTION 59-21-355 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH EDUCATION IMPROVEMENT ACT BUILDING AID APPROPRIATIONS SHALL BE ALLOCATED AND EXPENDED; BY ADDING SECTION 59-25-415 SO AS TO PROVIDE THAT CERTIFIED PERSONNEL WHO HAVE TAUGHT IN A SCHOOL DISTRICT FOR AT LEAST ONE YEAR AND WHO ARE DISMISSED FOR ECONOMIC REASONS HAVE PRIORITY FOR BEING REHIRED TO FILL ANY VACANCY FOR WHICH THEY ARE QUALIFIED WHICH OCCURS WITHIN TWO YEARS FROM THE DATE OF THEIR DISMISSAL; BY ADDING SECTION 59-26-45 SO AS TO ESTABLISH PROCEDURES AND REQUIREMENTS UNDER WHICH STUDENTS WHO HAVE FAILED TO ACHIEVE A PASSING SCORE ON ALL SECTIONS OF THE EDUCATION ENTRANCE EXAMINATION (EEE) AFTER THE NUMBER OF ATTEMPTS ALLOWED BY LAW SHALL BE ALLOWED TO RETAKE THAT PORTION OF THE TEST FAILED; AND BY ADDING SECTION 59-67-421 SO AS TO PROVIDE THAT NO SCHOOL DISTRICT SHALL HAVE CERTAIN LIABILITY IN REGARD TO SCHOOL TRANSPORTATION WITHIN HAZARDOUS AREAS; TO AMEND SECTION 59-20-20, RELATING TO DEFINITIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO FURTHER PROVIDE FOR THE DEFINITION OF "INDEX OF TAXPAYING ABILITY"; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE AVERAGE DAILY MEMBERSHIP PUPIL-TEACHER RATIO FOR GRADES 1 THROUGH 3 BE IMPLEMENTED TO THE EXTENT POSSIBLE ON AN INDIVIDUAL CLASS BASIS AND THAT THE PUPIL ENROLLMENT IN THESE GRADES SHOULD NOT EXCEED TWENTY-EIGHT PUPILS IN EACH CLASS; TO AMEND SECTION 59-20-50, AS AMENDED, RELATING TO THE LEVEL OF STATE AND LOCAL CONTRIBUTIONS AND SALARY SCHEDULES UNDER THE EDUCATION FINANCE ACT, SO AS TO FURTHER PROVIDE FOR THESE SALARY SCHEDULES, THE LEVEL OF REQUIRED STATE AND LOCAL EFFORT, AND THE MANNER IN WHICH SCHOOL DISTRICTS SHALL RECEIVE CERTAIN FUNDS UNDER THIS SECTION; AND TO AMEND SECTION 59-21-450, RELATING TO THE ALLOCATION OF UNEXPENDED BUDGET AMOUNTS IN THE EDUCATION IMPROVEMENT ACT FUND TO SCHOOL BUILDING AID PROGRAMS, SO AS TO REVISE THE FUNDS TO WHICH THIS SECTION APPLIES; TO AMEND SECTION 38-13-20, AS AMENDED, OF THE 1976 CODE, RELATING TO EXAMINATIONS OF INSURANCE COMPANIES BY THE DEPARTMENT OF INSURANCE, SO AS TO CLARIFY WHAT EXAMINATION EXPENSES AN INSURANCE COMPANY IS LIABLE FOR, TO PROVIDE LOWER EXAMINATION FEES FOR DOMESTIC INSURERS WITH LESS THAN ONE MILLION DOLLARS IN TOTAL CAPITAL AND SURPLUS AS OF DECEMBER 31, 1993, TO PROVIDE FOR APPEALS BY INSURERS OF EXAMINATION FEES, AND TO PROVIDE THAT EXAMINATION FEES ARE RETAINED BY THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 12-27-400, AS AMENDED, OF THE 1976 CODE, RELATING TO DISTRIBUTION AND USE OF THE 2.66 A GALLON GASOLINE TAX, SO AS TO PROVIDE FOR THE EXPENDITURE OF A COUNTY'S APPORTIONMENT OF "C" FUNDS AND TO CHANGE DEPARTMENT NAMES; TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-70 SO AS TO PROVIDE THAT STATE AID TO SUBDIVISIONS ACT DISTRIBUTIONS TO A COUNTY OR MUNICIPALITY WHICH IMPOSES A FEE OR TAX ON THE TRANSFER OF REAL PROPERTY NOT AUTHORIZED SPECIFICALLY BY GENERAL LAW MUST BE REDUCED BY AN AMOUNT EQUAL TO THE REVENUES OF THE REAL ESTATE TRANSFER FEE OR TAX; TO REPEAL CHAPTER 15, TITLE 2 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF THE LEGISLATIVE AUDIT COUNCIL, AND TO REPEAL CHAPTER 22, TITLE 1 OF THE 1976 CODE, RELATING TO THE COMPLIANCE REVIEW ACT OF 1988; TO REPEAL CHAPTER 19 OF TITLE 1 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF THE STATE REORGANIZATION COMMISSION, AND TO REPEAL CHAPTER 22 OF TITLE 1 OF THE 1976 CODE, RELATING TO THE COMPLIANCE REVIEW ACT OF 1988; TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-75 SO AS TO PROVIDE THAT STATE AID TO SUBDIVISIONS ACT DISTRIBUTIONS TO A COUNTY WHICH IMPOSES A FEE OR TAX ON INSURANCE COMPANIES NOT AUTHORIZED SPECIFICALLY BY GENERAL LAW MUST BE REDUCED BY AN AMOUNT EQUAL TO THE REVENUES FROM THE FEE OR TAX; TO AMEND SECTION 12-21-2423 OF THE 1976 CODE, RELATING TO THE USE OF A PORTION OF ADMISSIONS TAX REVENUES TO FUND INFRASTRUCTURE IMPROVEMENTS AND PROVIDE AN INFRASTRUCTURE DEVELOPMENT FUND, SO AS TO EXPAND THE DEFINITIONS OF MAJOR TOURISM OR RECREATION FACILITY TO INCLUDE "DESIGNATED DEVELOPMENT AREA" AND TO DEFINE SUCH AREAS AND PROVIDE THE REQUIRED INVESTMENT AMOUNTS APPLICABLE TO SUCH AREAS, AND TO ADD SPECIFIC CATEGORIES OF FACILITIES ELIGIBLE FOR THE DESIGNATION "MAJOR TOURISM OR RECREATION FACILITY" AND "SECONDARY SUPPORT FACILITIES" AND "ADDITIONAL INFRASTRUCTURE IMPROVEMENT"; AND TO AMEND SECTION 13-1-1720, RELATING TO THE DUTIES OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO GIVE THE COUNCIL AUTHORITY TO APPROVE INFRASTRUCTURE GRANTS; TO AMEND THE 1976 CODE BY ADDING SECTION 1-30-130, SO AS TO DEVOLVE UPON THE DEPARTMENT OF CULTURAL AND INFORMATIONAL RESOURCES THE POWERS AND DUTIES OF THE SOUTH CAROLINA ARTS MUSEUM, SOUTH CAROLINA MUSEUM COMMISSION, STATE LIBRARY BOARD, COMMISSION OF ARCHIVES AND HISTORY, AND CONFEDERATE RELIC ROOM, TO AMEND THE 1976 CODE BY ADDING CHAPTER 17 IN TITLE 60, RELATING TO LIBRARIES, ARCHIVES, MUSEUMS, AND ARTS, SO AS TO ESTABLISH THE SOUTH CAROLINA DEPARTMENT OF CULTURAL AND INFORMATIONAL RESOURCES AND PROVIDE FOR ITS GOVERNANCE, FUNCTIONS, AND DIVISIONS, TO AMEND SECTION 1-30-10, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO ADD THE DEPARTMENT OF CULTURAL AND INFORMATIONAL RESOURCES, TO PROVIDE TRANSITION PROVISIONS, AND TO REPEAL CHAPTERS 1, 11, AND 15 OF TITLE 60 OF THE 1976 CODE AND ARTICLE 1, CHAPTER 13 OF TITLE 60 OF THE 1976 CODE, RELATING TO THE ENTITIES DEVOLVED UPON THE DEPARTMENT CREATED BY THIS SECTION; TO AMEND THE 1976 CODE BY ADDING SECTION 11-1-45 SO AS TO PROVIDE THAT NO STATE AGENCY SHALL ENTER INTO A SETTLEMENT OF ANY LITIGATION OR DISPUTE REQUIRING THE EXPENDITURE OF MONIES APPROPRIATED OR PROVIDED FOR IN A GENERAL OR SUPPLEMENTAL APPROPRIATIONS ACT WITHOUT PRIOR WRITTEN APPROVAL FROM THE BUDGET AND CONTROL BOARD; TO PROHIBIT STATE-SUPPORTED COLLEGES AND UNIVERSITIES, INCLUDING TECHNICAL COLLEGES, FROM INCREASING TUITION AND FEES TO IN-STATE STUDENTS UNTIL SUCH TIME AS THE INSTITUTIONS RECAPTURE AND MAINTAIN ONE HUNDRED PERCENT OF THE TOTAL EDUCATION AND GENERAL COST OF OUT-OF-STATE STUDENTS, AND TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION OVER A SPECIFIED NUMBER OF YEARS SHALL DECREASE THE SUBSIDY TO OUT-OF-STATE STUDENTS UNTIL THE STATE SUBSIDY IS AT TWENTY-FIVE PERCENT OF THE TOTAL EDUCATION AND GENERAL COST; TO AMEND THE 1976 CODE BY ADDING SECTION 44-93-175 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL DEVELOP AND IMPLEMENT THE SAME FEE SCHEDULE FOR INFECTIOUS WASTE GENERATED OUTSIDE OF THIS STATE AS IS CHARGED FOR INFECTIOUS WASTE GENERATED WITHIN THIS STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-235 SO AS TO PROVIDE THAT THE SUPREME COURT BY RULE SHALL PROVIDE FOR THE APPOINTMENT AND GOVERNANCE OF ASSOCIATE JUDGES FOR CHILD SUPPORT WHO SHALL PRESIDE OVER PATERNITY AND CHILD SUPPORT MATTERS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND TO PROVIDE FOR THE AUTHORITY OF AND APPEALS FROM THESE JUDGES; TO AMEND SECTION 20-7-1440, AS AMENDED, RELATING TO FEES IN FAMILY COURT MATTERS, SO AS TO DELETE THE EXEMPTION FOR PAYING COURT FEES IN DEPENDENCY ACTIONS; TO AMEND SECTION 43-5-235, AS AMENDED, RELATING TO REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF THE CHILD SUPPORT COLLECTION PROGRAM, SO AS TO INCLUDE PROVISIONS RELATING TO PAYMENT OF UNIT COSTS AND TO PROVIDE THAT THESE MONIES MUST BE DEPOSITED INTO A SPECIAL ACCOUNT FOR THE EXCLUSIVE USE BY CLERKS OF COURT IN THE CHILD SUPPORT PROGRAM; AND TO REPEAL SECTION 20-7-1317, RELATING TO USE OF FEDERAL FUNDS BY CLERKS OF COURT FOR THE OPERATION OF WAGE WITHHOLDING FOR CHILD SUPPORT; TO AMEND SECTION 22-3-550 OF THE 1976 CODE, RELATING TO A MAGISTRATE'S JURISDICTION OVER MINOR CRIMINAL OFFENSES, SO AS TO PROVIDE A LIMITATION ON A MAGISTRATE'S POWER TO IMPOSE CONSECUTIVE TERMS OF IMPRISONMENT; TO REPEAL SECTION 56-1-145 OF THE 1976 CODE, RELATING TO THE USE OF INCREASED MOTOR VEHICLE REGISTRATION FEES FOR ACCESS ROUTES TO DISTRESSED AREAS.
Without reference.
H. 4830 -- Rep. Worley: A BILL TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO POST SIGNS RESTRICTING TRUCK TRAFFIC ON U. S. HIGHWAY 17 EAST OF THE INTERCOASTAL WATERWAY AND FOR THE LENGTH OF THE "GRAND STRAND".
Referred to Committee on Education and Public Works.
H. 4831 -- Reps. Anderson and McMahand: A BILL TO AMEND SECTION 31-3-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE COMMISSIONERS OF A HOUSING AUTHORITY, SO AS TO PROVIDE THAT THE COUNCIL SHALL MAKE THE APPOINTMENTS INSTEAD OF THE MAYOR.
Referred to Committee on Labor, Commerce and Industry.
H. 4832 -- Reps. Robinson, Marchbanks and Trotter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-105 SO AS TO PROVIDE THAT AFTER JULY 1, 1994, NO PERSON WHO IS A MEMBER OF THE IMMEDIATE FAMILY OF A SITTING MEMBER OF THE GENERAL ASSEMBLY MAY BE ELECTED OR APPOINTED TO ANY OFFICE WHICH IS FILLED BY ELECTION OR APPOINTMENT OF THE GENERAL ASSEMBLY.
Referred to Committee on Judiciary.
H. 4833 -- Reps. Townsend, Cooper, P. Harris and Stille: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY, THE DEPARTMENT OF REVENUE AND TAXATION, AND THE DEPARTMENT OF TRANSPORTATION, AS APPLICABLE, TO OPEN ALL WEIGH STATIONS ON INTERSTATE HIGHWAYS AND TO REMAIN OPEN.
Referred to Committee on Education and Public Works.
H. 4834 -- Rep. Harvin: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO ESTABLISH A NEW CLASSIFICATION FOR "FRINGE LAND", TO DEFINE "FRINGE LAND" AND PROVIDE FOR ITS ASSESSMENT RATIO AND VALUATION, AND TO IMPOSE ROLLBACK TAX WHEN FRINGE LAND IS CONVERTED TO SOME USE OTHER THAN AGRICULTURAL USE, AND TO LIMIT ROLLBACK TAXES TO ONE YEAR WHEN LAND CLASSIFIED AS AGRICULTURAL REAL PROPERTY IS APPLIED TO ANOTHER USE.
Referred to Committee on Ways and Means.
H. 4835 -- Reps. McElveen, Cobb-Hunter, Cromer, Neal, Govan, Shissias, Inabinett, Waldrop, Boan, Wells, Mattos and Hodges: A JOINT RESOLUTION TO ENACT THE SOUTH CAROLINA SELF-SUFFICIENCY AND PARENTAL RESPONSIBILITY ACT OF 1994 SO AS TO ESTABLISH THE WELFARE POLICY OF THE STATE; TO EXPAND THE DEPARTMENT OF SOCIAL SERVICES WORK SUPPORT PROGRAM STATEWIDE; TO REVISE THE REQUIREMENTS FOR PARTICIPATION IN THE WORK SUPPORT PROGRAM; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR FEDERAL WAIVERS FOR A TRANSITION TO EMPLOYMENT PROGRAM, REMOVAL OF THE AUTOMOBILE RESOURCE VALUE LIMIT, A SELF-SUFFICIENCY PILOT PROJECT, AND ELIMINATION OF THE PARENTAL DEPRIVATION RULE; TO REQUIRE MANDATORY PARTICIPATION IN THE WORK SUPPORT PROGRAM BY NONCUSTODIAL UNEMPLOYED PARENTS; TO EXPAND THE DEPARTMENT OF SOCIAL SERVICES TEEN COMPANION PROGRAM; TO PROVIDE PARENTING AND DAILY LIVING SKILLS AS PART OF THE WORK SUPPORT PROGRAM; TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONTINUE EXPANSION OF FAMILY PLANNING SERVICES INCLUDING A FEDERAL WAIVER EXTENDING MEDICAID FAMILY PLANNING ELIGIBILITY FOR TWO YEARS AFTER CHILDBIRTH AND TO RECOMMEND A FIVE-YEAR FUNDING PHASE-IN FOR THESE SERVICES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4836 -- Reps. McElveen, Neal, Shissias, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson, Wells, Boan, Hodges and Waldrop: A BILL TO ENACT THE OMNIBUS CHILD SUPPORT ENFORCEMENT ACT OF 1994 BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976; TO AMEND SECTION 20-7-955, RELATING TO SETTLEMENTS AND VOLUNTARY AGREEMENTS IN PATERNITY AND CHILD SUPPORT CASES SO AS TO REQUIRE THE COURT TO APPROVE THESE AGREEMENTS UPON A FINDING OF FAIRNESS AND TO REQUIRE THAT A SUMMONS AND COMPLAINT BE FILED WITH THESE AGREEMENTS; TO AMEND SECTION 20-7-956, RELATING TO ADMISSIBLE EVIDENCE AT A PATERNITY HEARING, SO AS TO INCLUDE VOLUNTARY ACKNOWLEDGMENTS OF PATERNITY, FOREIGN PATERNITY DETERMINATIONS, PATERNITY INDICATED ON BIRTH CERTIFICATES AND TO CREATE CERTAIN PRESUMPTIONS AND REBUTTABLE PRESUMPTIONS WITH REGARD TO THIS EVIDENCE; TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 5, RELATING TO THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO PROVIDE UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT AND TO PROVIDE CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES; TO AMEND SECTION 15-35-910, RELATING TO DEFINITIONS IN THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT, SO AS TO REVISE A CROSS REFERENCE; TO PROVIDE FOR THE CONTINUED FORCE AND EFFECT OF LAWS AMENDED OR REPEALED BY THE UNIFORM INTERSTATE FAMILY SUPPORT ACT FOR CERTAIN PURPOSES; TO AMEND SECTION 43-5-220, AS AMENDED, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO PROVIDE THAT PAST DUE SUPPORT OWED THAT IS SUBJECT TO COLLECTION AND SETOFF BY THE DEPARTMENT OF REVENUE AND TAXATION INCLUDES HEALTH CARE EXPENSES; TO AMEND SECTION 43-5-590, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO ITS CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT THE ASSIGNMENT OF THE RIGHT TO SUPPORT INCLUDES THE RIGHT TO HEALTH CARE EXPENSES, THAT RECEIVING MEDICAID IS CONSIDERED TO BE AN ASSIGNMENT OF THE RIGHT TO SUPPORT, AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP AND DISTRIBUTE MATERIALS AND PROCEDURES TO HOSPITALS FOR USE IN OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS ON NEWBORNS; TO AMEND SECTION 44-7-320, AS AMENDED, RELATING TO GROUNDS FOR DENYING, REVOKING, OR SUSPENDING HOSPITAL LICENSES, SO AS TO PROVIDE AS AN ADDITIONAL GROUND THE FAILURE TO COMPLY WITH PROCEDURES FOR OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS; TO AMEND THE CODE BY ADDING SECTION 44-63-75 SO AS TO REQUIRE SOCIAL SECURITY NUMBERS ON BIRTH CERTIFICATES, MARRIAGE LICENSES, AND MARRIAGE CERTIFICATES; TO AMEND SECTION 44-63-165, RELATING TO AMENDMENTS TO BIRTH CERTIFICATES AFTER AN ACKNOWLEDGMENT OF PATERNITY, SO AS TO REQUIRE THE ACKNOWLEDGMENT TO BE RELEASED TO THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF ESTABLISHING PATERNITY AND A CHILD SUPPORT ORDER AND TO FURTHER PROVIDE THAT THESE ACKNOWLEDGMENTS MUST BE PROVIDED TO THE DEPARTMENT WITHOUT CHARGE; TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES SHALL RECEIVE ALL FEDERAL MATCHING FUNDS AVAILABLE FOR THE CHILD SUPPORT PROGRAM; TO DIRECT THE DEPARTMENT TO DEVELOP, IN CONJUNCTION WITH THE DEPARTMENT OF INSURANCE, A PROCEDURE FOR ATTACHING INSURANCE SETTLEMENTS FOR COLLECTING CHILD SUPPORT ARREARAGES; TO REQUIRE THE DEPARTMENT TO COLLABORATE WITH THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO UTILIZE THE COMMISSION BENEFIT INTERCEPT PROGRAM FOR WITHHOLDING CHILD SUPPORT PAYMENTS; TO REQUIRE THE DEPARTMENT IN CONJUNCTION WITH THE DEPARTMENT OF REVENUE AND TAXATION TO REVISE THE W-4 FORM TO CONTAIN INFORMATION RELATIVE TO CHILD SUPPORT OBLIGATIONS AND TO DEVELOP RECORD RETENTION PROCEDURES FOR CERTAIN INFORMATION; AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT.
Referred to Committee on Judiciary.
H. 4837 -- Reps. McElveen, Cobb-Hunter, Cromer, Neal, Govan, Shissias, Inabinett, Wells, Mattos, Boan, Hodges and Waldrop: A JOINT RESOLUTION TO ENACT THE SOUTH CAROLINA WELFARE AND ADMINISTRATIVE REFORM ACT OF 1994 SO AS TO ESTABLISH STATE WELFARE POLICY; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY TO THE FEDERAL GOVERNMENT FOR AID TO FAMILIES WITH DEPENDENT CHILDREN, FOOD STAMP, AND MEDICAID PROGRAM WAIVERS TO ALLOW THE IMPOSITION OF SANCTIONS FOR CLIENT NONCOMPLIANCE AND TO REVISE INCOME DISREGARDS FOR PURPOSES OF ELIGIBILITY; TO DIRECT THE STATE HOUSING FINANCE DEVELOPMENT AUTHORITY TO APPLY FOR A FEDERAL PILOT PROJECT WAIVER PLACING A CEILING ON RENT IN PUBLIC HOUSING; AND TO PROMOTE AND ENCOURAGE A STATEWIDE NETWORK OF MASS TRANSIT SYSTEMS; TO INITIATE STRATEGIES DIRECTED AT PREVENTIVE HEALTH SERVICES INCLUDING INCREASING PHYSICIAN PARTICIPATION IN MEDICAID, TEENAGE PREGNANCY PREVENTION, PRENATAL CARE, CHILDHOOD IMMUNIZATIONS, ACCESS TO CLINIC SERVICES, SCHOOL NURSES, AND SUBSTANCE ABUSE INTERVENTION AND INTERAGENCY COLLABORATION; TO PROVIDE EDUCATION INITIATIVES INCLUDING COMPULSORY SCHOOL ATTENDANCE THROUGH AGE EIGHTEEN FOR AFDC RECIPIENTS AND A REVIEW OF COMPULSORY SCHOOL ATTENDANCE GENERALLY, DESIGNING ADULT EDUCATION AND TECHNICAL PROGRAMS TO TARGET AFDC RECIPIENTS AND AT-RISK YOUTH, DEVELOPING A PROGRAM TO PROMOTE STATE AGENCY HIRING OF AFDC RECIPIENTS; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO REVISE, REVIEW, AND DEVELOP ADMINISTRATIVE PROCEDURES INCLUDING SIMPLIFICATION OF PUBLIC ASSISTANCE FORMS, STATEWIDE IMPLEMENTATION OF THE IN-HOSPITAL MEDICAID ELIGIBILITY WORKER PROGRAM, PROCUREMENT PROCEDURES, ENHANCED UTILIZATION OF COMPUTER TECHNOLOGY, AND CHILD DAY CARE VOUCHER PROCEDURES AND ACCESS TO DAY CARE SERVICES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4838 -- Reps. Quinn, Wright and Riser: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE IRMO FIRE DISTRICT IN LEXINGTON COUNTY, SO AS TO REDESIGNATE THE BOUNDARIES OF THE DISTRICT, PROVIDE FOR THE ELECTION OF THE GOVERNING BOARD, AND AT THE TIME OF THE GENERAL ELECTION IN 1994, PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD, CHANGE THE POWERS OF THE BOARD, PROVIDE THAT THE PROPERTY OF ANY PERSON CONTIGUOUS TO THE DISTRICT MUST BE ADDED TO THE DISTRICT UPON RECEIPT AND ACCEPTANCE BY THE BOARD OF COMMISSIONERS OF A REQUEST FROM THE PROPERTY OWNER REQUESTING THE INCLUSION, PROVIDE THAT WHEN THE TOWN OF IRMO ANNEXES ITS TERRITORY THE PROPERTY ANNEXED SHALL AUTOMATICALLY BECOME PART OF THE IRMO FIRE DISTRICT, AUTHORIZE THE DISTRICT TO ISSUE GENERAL OBLIGATION BONDS NOT EXCEEDING ONE MILLION DOLLARS.
On motion of Rep. WRIGHT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4839 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-33-80 SO AS TO PROVIDE FOR FEES FOR PHYTOSANITARY CERTIFICATES TO BE USED BY THE STATE CROP PEST COMMISSION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4840 -- Reps. Wilkins, M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Mattos, McMahand and Vaughn: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO REDESIGNATE CERTAIN POLLING PLACES.
On motion of Rep. WILKINS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4841 -- Reps. Neal, McMahand, G. Brown, Scott, Beatty, Cooper, Govan, Waites, P. Harris, Breeland, Harrison, Stille, Shissias, Tucker, Wofford, Hallman, McElveen, Carnell, Sharpe, Davenport, Koon, Kennedy, McTeer, Richardson, Harvin, Chamblee, McLeod and Askins: A BILL TO AMEND SECTION 56-10-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OPERATING AN UNINSURED VEHICLE, SO AS TO PROVIDE THAT UPON PROOF OF FINANCIAL RESPONSIBILITY, THE PERSON'S DRIVING PRIVILEGES ARE RESTORED.
Referred to Committee on Labor, Commerce and Industry.
H. 4842 -- Reps. Thomas, Kennedy and Snow: A BILL TO PROVIDE THAT TRUSTEES OF THE GEORGETOWN COUNTY SCHOOL DISTRICT MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE THAT PERSONS MAY BECOME CANDIDATES BY FILING A STATEMENT OF CANDIDACY, AND TO PROVIDE THE METHOD OF DETERMINING RESULTS AND THE DATE THE TRUSTEES TAKE OFFICE.
On motion of Rep. THOMAS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4843 -- Reps. Tucker, P. Harris, McCraw, D. Smith, Phillips, Wilkins and Haskins: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO CONDUCT A STUDY OF THE U. S. INTERSTATE I-85 CORRIDOR IN GREENVILLE, SPARTANBURG, ANDERSON, AND CHEROKEE COUNTIES FOR THE PURPOSE OF DEVELOPING A TWENTY-YEAR PLAN FOR BETTER TRAFFIC MANAGEMENT AND TO REPORT THE FINDINGS TO THE GENERAL ASSEMBLY.
Referred to Committee on Invitations and Memorial Resolutions.
H. 4844 -- Reps. Shissias, McElveen, Neal, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson and Wells: A BILL TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO PROVIDE UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT AND TO PROVIDE CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES; TO AMEND SECTION 15-35-910, RELATING TO DEFINITIONS IN THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT, SO AS TO REVISE A CROSS REFERENCE; AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT.
Referred to Committee on Judiciary.
H. 4847 -- Rep. G. Bailey: A BILL TO AMEND SECTION 61-3-461, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE NUMBER OF RETAIL LIQUOR STORES IN WHICH A PERSON MAY HAVE AN INTEREST, SO AS TO DELETE A PROVISION WHICH STIPULATES THAT AN INTEREST OF A RELATIVE BY BLOOD OR MARRIAGE WITHIN THE SECOND DEGREE OF ANY PERSON CONSTITUTES AN INTEREST OF THAT PERSON FOR PURPOSES OF THIS RESTRICTION.
Referred to Committee on Labor, Commerce and Industry.
S. 1076 -- Senators Patterson and Wilson: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE CREDIT TO BE CLAIMED WHEN THE TAXPAYER CREATES ONE HUNDRED FIFTY OR MORE JOBS SUBSTANTIALLY EQUIVALENT TO THE CURRENT MINIMUM REQUIREMENT OF SEVENTY-FIVE FULL-TIME JOBS AND TO DEFINE "SUBSTANTIALLY EQUIVALENT".
Referred to Committee on Ways and Means.
S. 1186 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXTRACURRICULAR SERVICES AND TRANSPORTATION OF HANDICAPPED STUDENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1636, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
S. 1188 -- Senators Washington and Mescher: A BILL TO CREATE THE COLLETON COUNTY BOARD OF ELECTIONS AND REGISTRATION, PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, AND RELATED MATTERS, AND TO ABOLISH THE COLLETON COUNTY ELECTION COMMISSION AND COLLETON COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.
Referred to Colleton Delegation.
S. 1193 -- Senator Courtney: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 21, 1994, MISSED BY THE STUDENTS OF COWPENS ELEMENTARY SCHOOL OF SPARTANBURG COUNTY SCHOOL DISTRICT THREE WHEN THIS SCHOOL WAS CLOSED DUE TO A MALFUNCTION OF THE HEATING SYSTEM IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. LITTLEJOHN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 1207 -- Senators Greg Smith and McGill: A BILL TO ABOLISH THE GEORGETOWN COUNTY BOARD OF VOTER REGISTRATION AND GEORGETOWN COUNTY ELECTION COMMISSION, AND TO CREATE THE GEORGETOWN COUNTY BOARD OF ELECTIONS AND REGISTRATION.
On motion of Rep. THOMAS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 4845 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE YELLOW JACKETS FOOTBALL TEAM OF FORT MILL HIGH SCHOOL IN YORK COUNTY ON WINNING THE 1993 REGION 4, CLASS AAA FOOTBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. MEACHAM, with unanimous consent, the following was taken up for immediate consideration:
H. 4846 -- Rep. Meacham: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE VARSITY CHEERLEADING SQUAD OF FORT MILL HIGH SCHOOL OF YORK COUNTY AND THE SQUAD'S COACH ON THURSDAY, MARCH 24, 1994, FOR THE PURPOSE OF BEING CONGRATULATED ON WINNING THE STATE CHEERLEADING CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the varsity cheerleading squad of Fort Mill High School of York County and the squad's coach be extended the privilege of the floor of the House of Representatives on Thursday, March 24, 1994, at a time determined by the Speaker, for the purpose of being congratulated on winning the state cheerleading championship.
The Resolution was adopted.
The following was introduced:
H. 4848 -- Rep. McMahand: A CONCURRENT RESOLUTION COMMENDING AMERICAN FEDERAL BANK OF GREENVILLE FOR ITS OUTSTANDING RECORD OF CIVIC INVOLVEMENT AND COMMUNITY IMPROVEMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4849 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING MARY COOPER OF MANNING ON BEING NAMED THE 1993 REGIONAL HEAD START TEACHER OF THE YEAR.
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. Barber 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 Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hines Hodges Holt Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Koon Lanford Law Littlejohn Marchbanks Mattos McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Sturkie Thomas Townsend Trotter Tucker Vaughn Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
I came in after the roll call and was present for the Session on Tuesday, March 1.
E.B. McLeod, Jr. Dell Baker Jerry N. Govan, Jr. William S. Houck, Jr. Richard M. Quinn, Jr. Morgan Martin James S. Klauber J. Michael Baxley Roger M. Young
LEAVES OF ABSENCE
The SPEAKER granted Rep. WAITES a leave of absence due to illness.
The SPEAKER granted Rep. McELVEEN a leave of absence for the day.
Announcement was made that Dr. E. Conyers O'Bryan of Florence is the Doctor of the Day for the General Assembly.
The following Bill was taken up.
H. 4226 -- Rep. Farr: A BILL TO ESTABLISH A GOVERNING BODY FOR THE BUFFALO FIRE DISTRICT IN UNION COUNTY AND PROVIDE A PROCEDURE FOR THEIR ELECTION.
Rep. FARR moved to table the Bill, which was agreed to.
Rep. WELLS moved to adjourn debate upon the following Bill until Tuesday, March 29, 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. 4800 -- Reps. R. Smith, Sharpe, Stone, Huff and Rudnick: A BILL TO AMEND ACT 476 OF 1969, AS AMENDED, RELATING TO CREATION OF THE VALLEY PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT AIKEN COUNTY COUNCIL SHALL DRAW THE BOUNDARIES FOR THE AUTHORITY'S SERVICE AREA.
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.
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.
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.
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.
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.
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.
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.
The following Bill and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
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.
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.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
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.
Rep. McTEER moved to waive Rule 6.1, which was agreed to.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
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.
Rep. WILKINS explained the Bill.
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.
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.
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.
H. 4725 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO DETERMINATION OF RATES OF TUITION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1650, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4726 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE UNIVERSITY OF SOUTH CAROLINA, RELATING TO PARKING AND TRAFFIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 1663, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4727 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE ADULT EDUCATION CURRICULUM AND ADULT EDUCATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1670, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. PHILLIPS explained the Joint Resolution.
H. 4728 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACADEMIC REQUIREMENTS FOR ADDING INSTRUCTIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1680, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
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".
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7608DW.94), which was adopted.
Amend the bill, as and if amended, SECTION 1, page 2, lines 1 and 2 by striking /and persons cohabitating cohabiting or formerly cohabitating cohabiting/; line 15, by striking /two/ and inserting /two five/; line 30, by striking /two/ and inserting /two five/ lines 36, 37, and 38, by deleting /(A) A person charged with a violation provided in this chapter shall appear before a judge for disposition of the case./, line 39 by striking /(B) and inserting /(A)/; page 3, line 3, by striking /(C)/ and inserting /(B)/, line 19, by striking /(D)/ and inserting /(C)/, line 41 by deleting /felony/ and inserting /misdemeanor/; line 44, by striking /ten/ and inserting /three/ page 4, by deleting SECTION 2 in its entirety, lines 35 through 42; and page 5, by deleting SECTION 3 in its entirety, lines 1 through 4, so that when amended the bill reads:
/SECTION 1. Chapter 25, Title 16 of the 1976 Code is amended to read:
Section 16-25-10. As used in this article, 'family or household member' means spouses, former spouses, parents and children, persons related by consanguinity or affinity within the second degree, and persons cohabitating or formerly cohabiting.
Section 16-25-20.It is unlawful to: (1) Cause cause physical harm or injury to his or her family or household member, (2) offer or attempt to cause physical harm or injury to his or her family or household member with apparent present ability under circumstances reasonably creating fear of imminent peril.
Section 16-25-30.Any person who violates Section 16-25-20 is guilty of criminal domestic violence and upon conviction must be punished by a fine of not more than two five hundred dollars or imprisonment of for not more than thirty days.
Section 16-25-40.Any person who violates Section 16-25-20 after having previously been twice convicted of a violation of Section 16-25-20 must be punished upon conviction by a fine of not more than three thousand dollars or by imprisonment for not more than three years or both.
Section 16-25-50.Any A person violating the terms and conditions of an order of protection issued under the 'Protection from Domestic Abuse Act' is guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not more than thirty days or by a fine of not more than two five hundred dollars. No A person found guilty of a violation of Sections Section 16-25-20 and 16-25-50 this section may not be sentenced under both sections for the same offense.
Section 16-25-60. (A) When a person is convicted of a violation of Section 16-25-20, the court may suspend the imposition or execution of all or part of the sentence conditioned upon the participation of the offender, to the satisfaction of the court, in a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling.
(B)When any a person is convicted of a violation of Section 16-25-40 or 16-25-65, the court may suspend execution of all or part of the sentence and place the offender on probation, conditioned upon:
(1)the participation of the offender, to the satisfaction of the court, in a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling;
(2)fulfillment of all the obligations arising under court order pursuant to Section 20-4-60 this section;
(3)other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.
(C)In determining whether or not to suspend the imposition or execution of all or part of a sentence as provided in this section, the court must consider the nature and severity of the offense, the number of times the offender has repeated the offense, and the best interests and safety of the victim. A court may require an offender to pay for participation in a program or treatment or counseling as an appropriate term or condition for suspending the imposition or execution of all or part of a sentence.
Section 16-25-65. (A)The elements of the common law crime of assault and battery of a high and aggravated nature are incorporated in and made a part of the offense of criminal domestic violence of a high and aggravated nature when a person violates the provisions of Section 16-25-20 and the elements of assault and battery of a high and aggravated nature are present.
(B)A person who commits the crime of criminal domestic violence of a high and aggravated nature is guilty of a misdemeanor and must be punished, upon conviction, by a fine of not more than three thousand dollars or by imprisonment for not more than three years, or both.
Section 16-25-70.A law enforcement officer may arrest, with or without a warrant, a person at his place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed any misdemeanor or felony under the provisions of Sections 16-25-20, or 16-25-50, or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate police department.
In effecting a warrantless arrest under this section, a law enforcement officer may enter the residence of the person to be arrested in order to effect the arrest where the officer has probable cause to believe that the action is reasonably necessary to prevent physical harm or danger to any family or household member.
No evidence other than evidence of violations of this article found as a result of a warrantless search shall be admissible in any court of law.
Section 16-25-80. Nothing in this article affects or limits the powers of any court to enforce its own orders by civil or criminal contempt or the powers of the police to make other lawful arrests.
Nothing in this article may be construed to repeal, replace, or preclude application of any other provisions of law pertaining to assault, assault and battery, assault and battery of a high and aggravated nature, or other criminal offenses."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Rep. HODGES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PT\1073DW.94).
Amend the Report of the Committee on Judiciary, as and if amended, Page 195-2, beginning on Line 8, by striking /, and persons cohabitating or formerly cohabiting./ and inserting /, and persons cohabitating cohabiting or formerly cohabitating cohabiting/.
Amend further by adding an appropriately numbered section to read:
/SECTION ___. Section 20-4-20(b) of the 1976 Code is amended to read:
"(b) 'Family or household member' means spouses, former spouses, parents and children, and persons related by consanguinity or affinity within the second degree, and persons cohabiting or formerly cohabiting."/
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
The SPEAKER granted Rep. RUDNICK a leave of absence for the remainder of the day.
Rep. HODGES continued speaking and moved to adjourn debate upon the Bill until Thursday, March 3, which was adopted.
Rep. MATTOS moved to adjourn debate upon the following Bill until Wednesday, March 2, which was adopted.
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.
Rep. FAIR moved to adjourn debate upon the following Bill until Wednesday, March 2, which was adopted.
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.
Rep. J. BAILEY moved to adjourn debate upon the following Bill until Tuesday, March 15, which was adopted.
H. 4421 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, INCREASE THE AMOUNT OF THE PREMIUM TO BE USED TO PROVIDE FUNDS FOR THE COSTS OF ADMINISTERING THE PROVISIONS OF SECTION 38-73-738, RATHER THAN ARTICLE 3, CHAPTER 10, TITLE 56, AND PROVIDE FOR THE TRANSFER OF THIS PORTION OF THE PREMIUM TO THE DEPARTMENT OF INSURANCE, RATHER THAN THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-738 SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF INSURANCE TO ISSUE TO A FIRST TIME DRIVER'S LICENSE APPLICANT WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE A DRIVER TRAINING VOUCHER; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-75 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A DRIVER'S LICENSE MUST NOT BE ISSUED TO A PERSON WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE UNTIL THE APPLICANT HAS PROVIDED EVIDENCE OF SATISFACTORY COMPLETION OF AN APPROVED DRIVER TRAINING COURSE AS PROVIDED IN SECTION 38-73-738.
The following Bill was taken up.
H. 4414 -- Reps. Phillips, Allison, Waites, Rudnick, J. Wilder, Jaskwhich, Walker, Corning, Rogers, Stuart, Waldrop and Gamble: A BILL TO ENACT THE "SCHOOLHOUSE SAFETY ALLIANCE ACT OF 1994" TO ATTACK THE PROBLEMS OF JUVENILE CRIME AND SCHOOL SAFETY INCLUDING PROVISIONS TO AMEND TITLE 59 OF THE 1976 CODE RELATING TO EDUCATION BY ADDING CHAPTER 143 SO AS TO PROVIDE FOR TRAINING OF SCHOOL FACULTY AND STAFF TO PREVENT STUDENT VIOLENCE, TO INSTITUTE IN EACH SCHOOL CASE MANAGEMENT TEAMS TO WORK AS UNITS ON BEHALF OF STUDENTS DISPLAYING SIGNS OF VIOLENT BEHAVIOR, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO COLLECT DATA IDENTIFYING THE BEST PRACTICES IN DEALING WITH PROBLEMS ASSOCIATED WITH STUDENT VIOLENCE, TO REQUIRE THE DEPARTMENT OF EDUCATION TO PILOT TEST A CLUSTER SCHOOL CONCEPT IN URBAN AND RURAL SETTINGS IN HIGH CRIME AREAS, TOGETHER WITH A SPECIALIZED PROGRAM OF INTERVENTION AND PREVENTION, TO ESTABLISH AN ADVISORY COMMITTEE COMPOSED OF VARIOUS AGENCY REPRESENTATIVES CONVENED BY THE STATE LAW ENFORCEMENT DIVISION TO PROVIDE TRAINING AND TECHNICAL ASSISTANCE TO CLUSTER SCHOOLS SERVING AS DEMONSTRATION SITES, TO ESTABLISH A STATEWIDE SCHOOLHOUSE SAFETY RESOURCE CENTER AT THE DEPARTMENT OF EDUCATION TO PROVIDE TECHNICAL ASSISTANCE AND TRAINING TO SCHOOLS REGARDING SCHOOL VIOLENCE AND STRATEGIES FOR COLLABORATING WITH OTHER AGENCIES AND THE COURTS TO PREVENT THIS PROBLEM, TO REQUIRE CONFLICT RESOLUTION STRATEGIES TO BE TAUGHT TO JUVENILES IN CONFINEMENT FACILITIES, TO REQUIRE PARENTS OF CHILDREN IDENTIFIED AS IN NEED OF SERVICES OR COUNSELING TO PARTICIPATE IN CERTAIN CASE MANAGEMENT MEETINGS REGARDING THEIR CHILDREN AT THE REQUEST OF SCHOOL OFFICIALS AND TO PROVIDE PENALTIES FOR FAILURE TO PARTICIPATE, TO REQUIRE SCHOOL OFFICIALS TO REPORT CERTAIN CRIMINAL BEHAVIOR BY STUDENTS TO APPROPRIATE LAW ENFORCEMENT AGENCIES, TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE CERTAIN REGULATIONS REGARDING PARENTING, FAMILY LITERACY, AND PARENTAL INVOLVEMENT PROGRAMS, TO PROVIDE FOR CONTINUING LEGAL EDUCATION SEMINARS IN ISSUES OF YOUTH VIOLENCE FOR ATTORNEYS LICENSED TO PRACTICE IN THIS STATE; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1331 SO AS TO AUTHORIZE FAMILY COURT JUDGES TO ORDER AS A CONDITION OF PROBATION CERTAIN CHILDREN TO PARTICIPATE IN A SPECIAL ALTERNATIVE CONFINEMENT UNIT; BY ADDING SECTION 20-7-1351 SO AS TO AUTHORIZE THE FAMILY COURT TO REQUIRE PARENTS TO APPEAR BEFORE IT REGARDING CERTAIN BEHAVIOR OF THEIR CHILD AND TO PARTICIPATE IN THE ASSESSMENT OF THE FAMILY OR IN FAMILY PARTICIPATION TREATMENT SERVICES TO IMPROVE THAT BEHAVIOR; BY ADDING SECTION 20-7-1352 SO AS TO PROVIDE THAT THE FAMILY COURT SHALL REQUIRE ACCEPTABLE SCHOOL ATTENDANCE AND APPROPRIATE BEHAVIOR AS A PART OF ANY PROBATION ORDER INVOLVING CHILDREN; BY ADDING SECTION 20-7-1353 SO AS TO PROVIDE THAT PROBATION AND PAROLE COUNSELORS ARE REQUIRED TO ASSIST IN THE RE-ENROLLMENT OF ALL THEIR CLIENTS WHO ARE CHILDREN IN THE PUBLIC SCHOOLS UPON THE CHILDREN BEING RELEASED FROM CONFINEMENT FACILITIES; AND BY ADDING SECTION 20-7-3236 SO AS TO PROVIDE THAT THE DEPARTMENT OF JUVENILE JUSTICE SHALL ESTABLISH A SHORT-TERM SPECIAL ALTERNATIVE CONFINEMENT UNIT FOR CERTAIN NONVIOLENT JUVENILES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20348SD.94).
Amend the bill, as and if amended, by striking subsection (B) of SECTION 2 and inserting:
/(B) The centerpiece proposal in the judicial response area referred to in subsection (A) involves the establishment of a 'boot camp' approach for confined juveniles as an intermediate sanction for nonviolent offenders. This is designed to provide a short-term intensive intervention program for nonviolent juvenile offenders in a disciplined and controlled setting. The objectives of the boot camp program are to:
(1) protect the public;
(2) provide an intense correctional experience in a strict disciplined and controlled setting emphasizing an environment of work, physical training, and personal development programs to begin a process of change in juveniles attitudes and behaviors;
(3) provide effective post-release community supervision, reinforcing lifestyle changes, and redirecting the juveniles to law abiding, productive lives;
(4) provide restitution to the citizens of this State by means of community service work performed by the juveniles;
(5) build on previous success by incorporating the successful elements of existing programs such as community service, community supervision, and other positive alternatives;
(6) provide flexibility to adapt to the changing characteristics of juvenile offenders; and
(7) provide cost effectiveness through usage of community-based juvenile offender facilities that are less costly than traditional correctional facilities and by serving more juvenile offenders each year because of the shorter period of confinement./
Amend the bill further, as and if amended, by striking Article 1, Chapter 143 of Title 59 of the 1976 Code, as contained in SECTION 3 and inserting:
Section 59-143-100. A statewide Schoolhouse Safety Resource Center at the State Department of Education is established in the manner the General Assembly shall provide in the annual general appropriations act. The center's mission, in cooperation with the Southern Region Violence and Substance Abuse Center, is to provide technical assistance and training to all schools regarding violence prevention and intervention, strategies for collaboration with appropriate agencies, crisis management planning, and preparation for using the judicial system. The center also shall disseminate information on the best practices in dealing with school crime. The State Department of Education, with the approval of the board of trustees of the applicable schools, shall establish regional networks of model schools to serve as facilitators for assisting other schools with comprehensive planning and training to prevent school violence after the conclusion of the three-year pilot project provided for in this chapter.
Section 59-143-110. The State Department of Education through the Schoolhouse Safety Resource Center, in cooperation with the Southern Region Violence and Substance Abuse Center, shall establish by December 1, 1994, an evaluation procedure which includes the collection of data before the implementation of the programs provided for in Sections 59-143-130 and 59-143-140 so that the effects of the programs can be determined. The Schoolhouse Safety Resource Center shall work with the School Violence Prevention Advisory Committee provided for in Section 59-143-130 in determining the data collection procedure and the components of the external evaluation. The department shall conduct an external evaluation, to be completed by December 1, 1996, with an interim report of findings by June 1, 1995, consisting of identifying:
(1) the best practices for addressing the problems associated with student violence together with documented evidence of best practices as contained in appropriate literature and research;
(2) the best practices for addressing student violence in traditional school programs in this State including alternatives to suspension and expulsion; and
(3) effective initiatives in prevention and intervention including truancy prevention and a review of the Education Improvement Act attendance requirements.
Section 59-143-120. Based on the findings of the evaluation provided for in Section 59-143-110, the State Department of Education, through the Schoolhouse Safety Resource Center shall provide statewide school administrator training in the best practices for addressing student violence. The State Department of Education shall develop or select professional programs for faculty and designated staff of all schools to be trained in appropriate techniques, practices, and behavior to prevent student violence. Nonviolent problem solving curricula must be used in the professional development of the faculty and staff within a school to be applied in areas including, but not limited to:
(1) more effective adult interactions with students;
(2) adult modeling of nonviolent behaviors when problems erupt;
(3) expansion of wellness components in the comprehensive health curriculum promoting nonviolent living skills and other appropriate violence prevention approaches; and
(4) differentiation between acceptable student behavior and unacceptable behavior.
In implementing the provisions of this section, equal emphasis shall be placed in elementary, middle, and high schools.
Section 59-143-130. The State Department of Education, in cooperation with the Southern Region Violence and Substance Abuse Center, with the consent of the board of trustees of the applicable school districts, shall pilot different approaches to avoiding student violence by identifying cluster schools in urban and rural settings in high crime areas to serve as model projects for the prevention of school violence. Each cluster school must implement a specialized method of intervention or prevention in an intense three-year pilot project. An external evaluation of the process shall be conducted at the end of the third year of each pilot program by the State Department of Education through the Schoolhouse Safety Resource Center. A School Violence Prevention Advisory Committee consisting of service agency provider representatives including, but not limited to, representatives from the Department of Mental Health, the Department of Mental Retardation, the Department of Juvenile Justice, the Department of Health and Human Services, the Department of Social Services, the family court system, the Department of Health and Environmental Control, the Southern Region Violence and Substance Abuse Center, the State Department of Education, and local law enforcement officials, shall be convened by the State Law Enforcement Division. The committee, in conjunction with local schools boards of trustees, shall select the cluster schools to serve as pilot sites and shall work with each site to identify the approach to be implemented. The committee also shall assist in providing training and technical assistance to the cluster schools and shall monitor the progress of the programs on a regular basis during the three-year pilot period. Innovative techniques piloted may include peer mediation programs, school-within-a-school, intense volunteer mentoring, family focus groups, and other approaches that provide school outreach into neighborhoods. These pilot projects shall strive to make communities mirrors of safe schools rather than schools mirroring the violence in society.
Section 59-143-140. Each school district of this State shall institute in every school case management teams. The teams should consist of teachers, school administrators, parents, counselors, and representatives of health and social service agencies to work as units on behalf of students displaying signs of recurrent aggressive and violent behavior. The State Board of Education shall promulgate regulations to establish the criteria for these teams. Disciplinary records of students with recurrent aggressive and violent behaviors must be kept with clear anecdotal evidence of these behaviors and must show steps schools have taken to address these behaviors. The records must follow the student through school just as academic histories are maintained. In implementing the provisions of this section, equal emphasis shall be placed in elementary, middle, and high schools.
Section 59-143-150. Based on format recommendations from the School Violence Prevention Advisory Committee as established in Section 59-143-130, a cooperating team consisting of representatives of all local health and human service agencies in a county, including representatives from all school districts located within the county, shall be convened by the sheriff's office in each county to coordinate services designed to prevent school violence. In addition, the cooperating team shall develop a service coordination matrix. The service coordination matrix must outline services provided by agencies in response to risk factors identified by the committee. The sheriff's office in each county will submit a copy of the service coordination matrix, once completed, to the School Violence Prevention Advisory Committee.
Section 59-143-160. In conjunction with the Department of Corrections, the Department of Juvenile Justice, and the Southern Region Violence and Substance Abuse Center, the State Department of Education shall develop conflict resolution strategies to be taught to juveniles and young adults sentenced as youthful offenders in correctional facilities. These conflict resolution strategies also shall be offered as training programs to other public and private organizations for their use./
Amend the bill further, as and if amended, by striking Section 59-143-310 of the 1976 Code, as contained in SECTION 3 and inserting:
/ Section 59-143-310. The State Board of Education shall promulgate regulations requiring the parenting, family literacy, and parental involvement programs mandated by the Early Childhood Development and Academic Assistance Act to include instruction in nonviolent living skills./
Amend the bill further, as and if amended, by striking SECTION 4 of the bill and inserting:
/SECTION 4. (A) Section 20-7-3210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 20-7-3210. The department shall provide such community services as the director shall assign to it which shall include, but not be limited to, the following:
(a) Family Court intake screening and referral counseling;
(b) serving, advising and counseling children placed on probation by the Family Court;
(c) serving, advising and counseling of children in the various institutions as may be necessary to the placement of the children in proper environment after release and the placement of children in suitable jobs where necessary and proper;
(d) supervising and guiding of children released or conditionally released from institutions;
(e) counseling children released or conditionally released by the parole board;
(f) coordinating the activities of supporting community agencies which aid in the social adjustment of children released by the parole board;
(g) providing or arranging for necessary services leading to the rehabilitation of delinquents either within the department or through cooperative arrangements with other appropriate agencies;
(h) providing counseling and supervision for any child under twelve years of age who has been adjudicated delinquent, convicted of a crime or has entered a plea of guilty or nolo contendere, when other suitable personnel is not available and upon request of the court concerned;
(i) providing detention screening services when a child is taken into custody for violation of a law or ordinance as provided in subsections (a) and (b) of Section 20-7-600;
(j) providing prevention services to include short and long range planning, establishing statewide priorities and standards, development of public awareness programs, and technical assistance to local government in the development of prevention programs;
(k) providing for the development of secure and nonsecure alternatives to jail;
(l) providing for a variety of community-based programs to augment regular probation services, such as volunteer services, restitution, community work programs, family counseling and contract probation with specific sanctions for various types of behavior;
(m) providing for a variety of community-based programs to serve as alternatives or intermediate sanctions into which juveniles committed to the Department of Juvenile Justice may be transferred to institutions, such as halfway houses, work release, intensive probation, restitution, forestry and wilderness camps, residential boot camp programs, marine science programs, and other residential and nonresidential programs;
(n) providing for programs to divert juveniles, where proper and appropriate, from the juvenile justice system."
(B) The 1976 Code is amended by adding:
"Section 20-7-3215.(A) The Department of Juvenile Justice shall establish a self-contained residential boot camp program for juveniles adjudicated delinquent and committed to the department. The boot camp program shall be sixty days in duration and shall provide to the juveniles a highly structured and disciplined setting, a program of physical activity, work, and drill which emphasizes rehabilitation, education, self-sufficiency, and personal development of the juveniles and positive active intervention and interaction between the staff and juveniles.
(B) Juveniles adjudicated delinquent for nonviolent criminal acts which occur in or around school property shall be given priority consideration for transfer into the department's boot camp program. Juveniles adjudicated delinquent for violating Section 16-23-430 who are otherwise eligible to be transferred into this program shall be committed to the Department of Juvenile Justice and shall serve sixty days in the department's boot camp program. In addition, to be eligible to be transferred to the boot camp program, juveniles committed to the Department of Juvenile Justice must:
(1) be between the ages of twelve and seventeen years at the time of commitment;
(2) have been adjudicated for a nonviolent crime or burglary in the first or second degree;
(3) have a minimum parole guideline of twelve months or less;
(4) not have been transferred on a previous commitment to the boot camp program or a similar program;
(5) be physically and mentally able to participate in the program; and
(6) not have been specifically excluded from participating in the boot camp program by the family court at the time of commitment.
(C) A juvenile may be transferred to the Department of Juvenile Justice's Boot Camp Program either at the time of commitment or at any time prior to the juvenile reaching his minimum parole guidelines.
(D) The Director of the Department of Juvenile Justice shall transfer juveniles to this program based upon the recommendation of a Boot Camp Screening Committee which shall utilize a risk classification instrument in making its recommendations to the director. Juveniles who successfully complete this sixty-day program must be granted a conditional release from their commitment to the Department of Juvenile Justice. Juveniles who fail to successfully complete this program shall be transferred, consistent with due process, to a secure correctional facility operated by the department.
(E) Upon successful completion of this program and release of the juvenile by the Board of Juvenile Parole the juvenile shall be placed under intensive supervision in the juvenile's home community for up to three months and thereafter placed on regular parole supervision. Intensive supervision requires between four to seven contacts a week with the juvenile by the Department of Juvenile Justice.
(F) Transfer to the Boot Camp Program is a privilege and shall be on a space available basis. A juvenile has no right to participate in such a program or to continue to participate in such a program if his behavior is inappropriate.
(C) The 1976 Code is amended by adding:
"Section 20-7-1351. In addition to the jurisdiction of the family court as provided in Article 5 of this chapter, the family court has jurisdiction to order parents of children identified as in need of services or counseling to prevent violent behavior to appear before it, and upon finding that the child's behavior can be changed, the court may order an assessment of the family or family participation in treatment or services to improve the behavior. Parent may be held in contempt of court for failure to comply with the provisions of this section. Parents may be ordered by the family court to participate in family counseling or in other programs or services. The court may hold a parent in contempt and fine or otherwise sanction a parent for failure to comply. However, a contempt citation applied against an individual family member shall be applied only as a last resort, can only be applied if based upon noncompliance or noncooperation with the treatment, rehabilitative, or supervision services required by the court and then only until compliance with these requirements is obtained. Parents also may be referred to the Department of Juvenile Justice, the Department of Mental Health, the Continuum of Care for Emotionally Disturbed Children, the Department of Social Services, or to any recognized volunteer organization as appropriate, for family assessment, counseling, and service."
(D) The 1976 Code is amended by adding:
"Section 20-7-1352. The requirement of acceptable school attendance and appropriate behavior must be an integral part of all probation orders."
(E) The 1976 Code is amended by adding:
"Section 20-7-1353. Probation and parole counselors are required to assist in the re-enrollment of all their clients who are children in the public schools upon the children's release from confinement facilities, and to bring all instances of a school's refusal to reenroll or enroll a child to the attention of the State Department of Education and the appropriate local advocacy group for children."/
Renumber sections to conform.
Amend title to conform.
Rep. PHILLIPS explained the amendment and moved to adjourn debate upon the Bill until Wednesday, March 2, which was adopted.
The following Bill was taken up.
H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT; AND TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO PROVIDING SIGNS STATING THE PENALTY FOR ARMED ROBBERY, SO AS TO REMOVE FROM THE SIGN CERTAIN PROVISIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3235AL.94), which was adopted.
Amend the bill, as and if amended, by deleting SECTION 2 which reads:
/SECTION 2. 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 that has been issued a retail sales tax license, a cardboard placard not less than eight inches by eleven inches which shall bear 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 AT LEAST 7 YEARS AT HARD LABOR WITHOUT PAROLE.'
Such The placard shall must be prominently displayed in all retail establishments to which they are issued."/
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS 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. 4365 -- Reps. Wilkins, Vaughn, Allison, Elliott and Harrell: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO REPEAL THE PROVISIONS REQUIRING THE CRIME TO BE DEFINED AS A VIOLENT CRIME AT THE TIME IT WAS COMMITTED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3236AL.94), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 16-1-60 of the 1976 Code, as last amended by Section 8, Act 184 of 1993, is further amended to read:
"Section 16-1-60. (A) For purposes of definition under South Carolina law a violent crime includes the offenses of murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330); drug trafficking as defined in Section 44-53-370(e); arson in the first degree (Section 16-11-110(A)); burglary in the first degree (Section 16-11-311); and burglary in the second degree (Section 16-11-312(A) and (B)), engaging a child for a sexual performance (16-3-810); accessory before the fact to commit any of the above offenses (16-1-40); and attempt to commit any of the above offenses (16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses.
(B) For a person to be considered guilty of a violent crime, the offense must be defined as a violent crime pursuant to subsection (A) at the time of the commission of the crime."/
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. WILKINS moved to reconsider the vote whereby the following Bill, as amended, was given a second reading, which was agreed to.
H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT; AND TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO PROVIDING SIGNS STATING THE PENALTY FOR ARMED ROBBERY, SO AS TO REMOVE FROM THE SIGN CERTAIN PROVISIONS.
Rep. WILKINS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\10958JM.94), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 16-13-10(B) of the 1976 Code, as last amended by Section 106, Act 184 of 1993, is further amended to read:
"(B) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the amount of the forgery is five thousand dollars or more.;
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the amount of the forgery is less than five thousand dollars but more than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the amount of the forgery is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
If the forgery does not involve a dollar amount, the person is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years."
SECTION __. Section 16-1-20(B) of the 1976 Code, as last amended by Section 2, Act 184 of 1993, is further amended to read:
"(B) For all offenders sentenced on or after July 1, 1993, the minimum term of imprisonment required by law does not apply to the offenses listed in Section Sections 16-1-90 and 16-1-100 unless the offense refers to a mandatory minimum sentence. Offenses listed in Section 16-1-10(C) and (D) are exempt and minimum terms of imprisonment are applicable. No sentence of imprisonment precludes the timely execution of a death sentence."
SECTION __. Section 16-15-305(H) of the 1976 Code, as added by Act 168 of 1987, is amended to read:
"(H) A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned for not more than three five years or fined not more than ten thousand dollars, or both."
SECTION __. Section 16-14-20 of the 1976 Code is amended to read:
"Section 16-14-20. (a) A person is guilty of financial transaction card theft when he:
(1) He takes, obtains, or withholds a financial transaction card from the person, possession, custody, or control of another without the cardholder's consent and with the intent to use it; or who, with knowledge that it has been so taken, obtained, or withheld, receives the financial transaction card with intent to use it or to, sell it, or to transfer it to a person other than the issuer or the cardholder;
(2) He receives a financial transaction card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use it or to, sell it, or to transfer it to a person other than the issuer or the cardholder;
(3) He, is not being the issuer, sells a financial transaction card or buys a financial transaction card from a person other than the issuer;
(4) He, is not being the issuer, during any twelve-month period, receives financial transaction cards issued in the names of two or more persons which he has reason to know were taken or retained under circumstances which constitute a violation of item (3) of this section and Section 16-14-60(a)(3) and subdivision (3) of subsection (a) of this section.
(b) Taking, obtaining or withholding a financial transaction card without consent is included in conduct defined as grand larceny.
Conviction A person who is convicted of financial transaction card theft is punishable as provided in S 16-14-100(b) guilty of a misdemeanor and must be fined not more than three thousand dollars or imprisoned not more than three years."
SECTION __. Section 16-1-60 of the 1976 Code, as last amended by Section 8, Act 184 of 1993, is further amended to read:
"Section 16-1-60. (A) For purposes of definition under South Carolina law a violent crime includes the offenses of murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330); drug trafficking as defined in Section 44-53-370(e); arson in the first degree (Section 16-11-110(A)); burglary in the first degree (Section 16-11-311); and burglary in the second degree (Section 16-11-312(A) and (B)), engaging a child for a sexual performance (16-3-810); accessory before the fact to commit any of the above offenses (16-1-40); and attempt to commit any of the above offenses (16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses.
(B) For a person to be considered guilty of a violent crime, the offense must be defined as a violent crime pursuant to subsection (A) at the time of the commission of the crime."/
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. BOAN moved to adjourn debate upon the following Bill until Wednesday, March 2, which was adopted.
H. 4633 -- Reps. Boan, Barber, Carnell, Cobb-Hunter, Felder, J. Harris, P. Harris, Holt, Kinon, Kirsh, McAbee, McCraw, McKay, McTeer, Mattos, Quinn, Rogers, Delleney, Phillips and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-257 SO AS TO ESTABLISH AN ADDITIONAL HOMESTEAD EXEMPTION FROM SCHOOL TAXES IMPOSED FOR PURPOSES OTHER THAN CONSTRUCTION AND PROVIDE THAT THE EXEMPTION DOES NOT APPLY TO SCHOOL OPERATING TAXES LEVIED AFTER 1997, TO PHASE IN THE AMOUNT OF THE EXEMPTION, TO PROVIDE FOR THE METHOD OF REIMBURSEMENT OF REVENUES LOST BECAUSE OF THE EXEMPTION, AND TO PROVIDE THAT THE PROPERTY EXEMPT FROM SCHOOL TAXES PURSUANT TO THIS SECTION IS NEVERTHELESS CONSIDERED TAXABLE PROPERTY FOR PURPOSES OF THE CONSTITUTIONAL DEBT LIMIT AND THE INDEX OF TAXPAYING ABILITY, TO PROVIDE A SPENDING LIMITATION FOR COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE AND PUBLIC SERVICE DISTRICTS AND AN AD VALOREM TAX REVENUE LIMITATION FOR SCHOOL DISTRICTS FOR FISCAL YEARS 1994-95 THROUGH 1997-98 AND PROVIDE EXCEPTIONS; TO AMEND SECTIONS 12-4-540, 12-37-10, 12-37-210, 12-37-730, 12-37-760, AND 12-37-780, RELATING TO THE POWERS OF THE DEPARTMENT OF REVENUE AND TAXATION WITH RESPECT TO PROPERTY TAXATION OF BUSINESS PROPERTY AND THE DUTIES AND POWERS OF COUNTY AUDITORS WITH RESPECT TO THE FILING OF PERSONAL PROPERTY TAX RETURNS, SO AS TO PROVIDE THAT ALL PERSONAL PROPERTY TAX RETURNS ARE FILED WITH THE DEPARTMENT OF REVENUE AND TAXATION, DELETE OBSOLETE PROVISIONS AND CONFORM EXISTING FILING REQUIREMENTS TO THESE CHANGES; TO AMEND SECTION 12-43-210, AS AMENDED, RELATING TO COUNTYWIDE REASSESSMENT PROGRAMS, SO AS TO REQUIRE SUCH PROGRAMS EVERY FIVE YEARS ON A SCHEDULE DETERMINED BY THE DEPARTMENT OF REVENUE AND TAXATION, AND PROVIDE FOR THE WITHHOLDING OF STATE AID TO SUBDIVISIONS' DISTRIBUTIONS TO COUNTIES FAILING TO COMPLY WITH THE SCHEDULE, TO REQUIRE THE DEPARTMENT TO DETERMINE PERSONNEL NEEDS OF COUNTY ASSESSORS AND REPORT ITS FINDINGS BY MAY 1, 1995, TO PROVIDE FOR AN INITIAL SCHEDULE OF REASSESSMENTS; TO PROVIDE THAT IF A COURT OF COMPETENT JURISDICTION VOIDS THE HOMESTEAD EXEMPTION ALLOWED BY THIS ACT, THEN THE SPENDING LIMITATIONS IMPOSED ON COUNTIES, MUNICIPALITIES, SPECIAL PURPOSE PUBLIC SERVICE DISTRICTS, AND SCHOOL DISTRICTS BY THIS ACT ARE SIMILARLY VOID, AND TO REPEAL SECTIONS 12-37-20, 12-37-750, 12-37-810, 12-37-820, 12-37-830, 12-37-850, 12-37-870, 12-37-910, 12-37-940, 12-37-1620, AND 12-37-2010, RELATING TO PERSONAL PROPERTY TAXES.
The following Bill was taken up.
H. 4574 -- Reps. Baker, Cato, Clyborne and Jaskwhich: A BILL TO AMEND SECTION 47-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF WILD CARNIVORES AS PETS, SO AS TO DELETE THE REFERENCE TO FERRETS AND EXEMPT THEM FROM THE PROHIBITION.
Reps. HOUCK, SIMRILL, ELLIOTT, MOODY-LAWRENCE, KIRSH, WITHERSPOON and RISER objected to the Bill.
The following was received from the Senate.
Columbia, S.C., March 1, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 520 ("poll watcher qualifications"):
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.
Very respectfully,
President
On motion of Rep. HODGES, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. J. WILDER, CROMER and T.C. ALEXANDER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following Bill was taken up.
H. 3840 -- Reps. Kennedy, Jaskwhich and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-25 SO AS TO PROVIDE THAT A PERSON WHO WAS EMPLOYED AND CERTIFIED AS A TEACHER IN THE PUBLIC SCHOOLS OF THIS STATE AT THE TIME OF HIS RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM MAY RETURN TO COVERED EMPLOYMENT UNDER CERTAIN CONDITIONS WHETHER OR NOT HIS TEACHING CERTIFICATE HAS BEEN RENEWED.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20345SD.94).
Amend the bill, as and if amended, in Section 59-25-25 of the 1976 Code, as contained in SECTION 1, by striking the last sentence which begins on line 34, page 1, so that when amended Section 59-25-25 shall read:
/ "Section 59-25-25. Notwithstanding any other provision of law, a person who was employed and certified as a teacher in the public schools of this State at the time of his retirement under the South Carolina Retirement System may return to covered employment in any school of this State which employment he was qualified for at the time of retirement regardless of whether or not his teaching certificate has been renewed."/
Amend title to conform.
Rep. PHILLIPS explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. PHILLIPS having the floor.
Rep. SCOTT withdrew his objection to the following Bill whereupon an objection was raised by Rep. CATO.
H. 3421 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-355 SO AS TO PROVIDE THAT IN A CLAIM OR ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF THE OWNERSHIP, OPERATION, USE, OR MAINTENANCE OF A MOTOR VEHICLE, THE COURT SHALL ADMIT INTO EVIDENCE THE TOTAL AMOUNT PAID TO THE CLAIMANT FROM COLLATERAL SOURCES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND TO COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO DELETE THE CURRENT PROVISIONS AND PROVIDE THAT NOTWITHSTANDING CERTAIN SECTIONS, AFTER A CERTAIN DATE AUTOMOBILE INSURERS MAY REFUSE TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO THE DEFINITION OF "DAMAGES" UNDER THE AUTOMOBILE INSURANCE LAWS, SO AS TO PROVIDE THAT THE TERM INCLUDES ACTUAL DAMAGES ONLY; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT AN INSURER SHALL ALSO OFFER THE INSURED A RIDER OR ENDORSEMENT FOR AN ADDITIONAL PREMIUM TO COVER LIABILITY FOR PUNITIVE DAMAGES; TO AMEND SECTION 38-77-150, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND DEFENSE OF AN ACTION BY THE INSURER, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT INSURERS SHALL OFFER, AT THE OPTION OF THE INSURED, HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE IN ACCORDANCE WITH SECTION 38-77-350; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO ADDITIONAL UNINSURED MOTORIST COVERAGE, AND UNDERINSURED MOTORIST COVERAGE, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT AUTOMOBILE INSURERS SHALL OFFER ON A FORM PRESCRIBED BY THE CHIEF INSURANCE COMMISSIONER, AT THE OPTION OF THE INSURED IN ACCORDANCE WITH SECTION 38-77-350 UNDERINSURED MOTORIST COVERAGE UP TO THE LIMITS SELECTED FOR THE INSURED'S LIABILITY COVERAGE TO PROVIDE COVERAGE IN THE EVENT THE INSURED BECOMES LEGALLY ENTITLED TO COLLECT DAMAGES FROM THE OWNER OR OPERATOR OF AN UNDERINSURED MOTOR VEHICLE; TO AMEND SECTION 56-9-350, RELATING TO SECURITY FOLLOWING MOTOR VEHICLE ACCIDENTS, VERIFICATION OF INSURANCE COVERAGE FORM TO BE ISSUED FOLLOWING CERTAIN ACCIDENTS, EFFECT OF FAILURE TO RETURN THE FORM, AND UNINVESTIGATED ACCIDENTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT WITHIN FIFTEEN DAYS AFTER AN ACCIDENT A WRITTEN REPORT OF THE ACCIDENT MUST BE FORWARDED TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON A FORM PRESCRIBED BY THE DEPARTMENT; TO AMEND SECTION 56-10-10, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY AND THE SECURITY REQUIRED ON REGISTERED VEHICLES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT SECURITY MUST BE MAINTAINED ON EVERY MOTOR VEHICLE REQUIRED TO BE REGISTERED IN SOUTH CAROLINA WHERE THE OWNERS OR OTHER OPERATORS NOT EXCLUDED IN ACCORDANCE WITH SECTION 38-77-340 RESIDE IN THE SAME HOUSEHOLD AND ARE INSUREDS UNDER THE SAME POLICY, IF ONE OF THE OWNERS OR OTHER OPERATORS DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; TO AMEND SECTION 56-10-220, RELATING TO THE REQUIREMENT THAT A MOTOR VEHICLE SOUGHT TO BE REGISTERED MUST BE INSURED AND PROOF OF THE SAME, SO AS TO DESCRIBE THE PERSON APPLYING FOR REGISTRATION AS ONE "REQUIRED TO PROVIDE SECURITY ON A MOTOR VEHICLE AS PROVIDED IN SECTION 56-10-10"; TO AMEND SECTION 56-10-240, RELATING TO THE REQUIREMENT THAT UPON THE LOSS OF AUTOMOBILE INSURANCE THE INSURED MUST OBTAIN NEW INSURANCE OR SURRENDER THE REGISTRATION AND LICENSE PLATES, SO AS TO FURTHER DESCRIBE THE MOTOR VEHICLE WHICH IS THE SUBJECT OF THIS SECTION AS ONE "FOR WHICH SECURITY IS REQUIRED AS PROVIDED IN SECTION 56-10-10", DELETE CERTAIN LANGUAGE, AND DESCRIBE THE RESIDENT FOR WHOM LAPSE OR TERMINATION OCCURS AFTER THREE MONTHS AS ONE "WHO DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS ARE REQUIRED TO INSURE AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT NO INSURER IS REQUIRED TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE INSURANCE IF THE RISK DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT, PROVIDE THAT NO INSURER MAY REFUSE TO WRITE OR RENEW A POLICY, COVERAGE, OR ENDORSEMENT OF AUTOMOBILE INSURANCE BECAUSE OF THE RACE, COLOR, CREED, NATIONAL ORIGIN, ANCESTRY, OR INCOME OF ANYONE WHO SEEKS TO BECOME INSURED, AND PROVIDE THAT AN APPLICANT DENIED COVERAGE MUST BE PROVIDED IN WRITING BY THE DENYING INSURER THE REASON OR REASONS FOR WHICH THE APPLICANT HAS BEEN REFUSED INSURANCE BY THAT INSURER, AT THE TIME OF THE DENIAL; TO AMEND THE 1976 CODE BY ADDING ARTICLE 13 TO CHAPTER 77 OF TITLE 38, SO AS TO ESTABLISH THE SOUTH CAROLINA JOINT UNDERWRITING ASSOCIATION (JUA), INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE ABOLITION OF THE SOUTH CAROLINA REINSURANCE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT AN AUTOMOBILE INSURER SHALL OFFER FOUR, RATHER THAN TWO, DIFFERENT RATES FOR AUTOMOBILE INSURANCE, AND PROVIDE THAT, NO LATER THAN NINETY DAYS AFTER THE PASSAGE OF THIS ACT, INSURERS OF AUTOMOBILE INSURANCE MUST FILE WITH THE CHIEF INSURANCE COMMISSIONER REVISED RATES FOR ALL OTHER PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES WRITTEN BY THEM; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO THE STATE RATING AND STATISTICAL DIVISION FOR INSURANCE PURPOSES AND UNIFORM STATISTICAL PLANS, SO AS TO PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR THE FIRST CONVICTION OF SPEEDING LESS THAN TWENTY-FIVE MILES PER HOUR IF THE PERSON CONVICTED HAS MAINTAINED THE SAFE DRIVER DISCOUNT FOR THE PREVIOUS THREE YEARS, AND PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR CONVICTIONS OF CERTAIN VIOLATIONS OCCURRING ON OR AFTER A CERTAIN DATE; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE AND PENALTIES, SO AS TO, AMONG OTHER THINGS, CHANGE THE PENALTIES, INCLUDING PROVIDING FOR THE PERFORMANCE OF PUBLIC SERVICE HOURS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-116 SO AS TO PROVIDE THAT, UPON ISSUANCE OF A NEW PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY, THE INSURANCE COMPANY OR AGENT MUST REVIEW WITH THE NEW APPLICANT A LIST OF DRIVING OFFENSES AND THE RELATED FINE AND PUNISHMENT, AS WELL AS THE POSSIBLE INCREASE IN THE INSURANCE RATES, THE EFFECT OF ANY SURCHARGES, OR THE EFFECT OF THE LOSS OF THE SAFE DRIVER DISCOUNT, AND PROVIDE THAT THE LIST MUST BE ON A FORM APPROVED BY THE CHIEF INSURANCE COMMISSIONER AND MUST ACCOMPANY THE POLICY; TO PROVIDE THAT, AFTER A CERTAIN DATE, THE GOVERNING BOARD OF THE JOINT UNDERWRITING ASSOCIATION SHALL CONTRACT WITH ONE OR MORE INSURERS OR BUSINESS ENTITIES TO SERVE AS THE DESIGNATED CARRIER AND SHALL ESTABLISH A PROCEDURE FOR THE SELECTION OF THE DESIGNATED CARRIER, PROVIDE THAT COMMISSIONS PAID TO AGENTS FOR POLICIES CEDED TO OR PLACED IN THE JUA SHALL BE SET BY THE JUA'S BOARD OF DIRECTORS, AND PROVIDE FOR RELATED MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-175 AND 56-7-12 SO AS TO PROVIDE THAT, WHEN THE OPERATOR OR OWNER OF A MOTOR VEHICLE IS ISSUED A TRAFFIC TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO COMPLETE TO VERIFY LIABILITY INSURANCE COVERAGE, PROVIDE FOR THE RETURN OF THE COMPLETED AND VERIFIED FORM TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, PROVIDE FOR THE DEPOSIT OF SUCH COLLECTED FINES, AND PROVIDE FOR RELATED MATTERS; TO REPEAL ARTICLE 5, CHAPTER 77, TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS, SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY SHALL FILE AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES, SECTION 38-73-1425, RELATING TO THE PROVISION THAT THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY WHICH DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IS THE FINAL RATE OR PREMIUM CHARGE REQUIRED BY SECTION 38-73-1420 OR THE FINAL RATE OR PREMIUM CHARGE APPROVED FOR USE BY THE INSURER, WHICHEVER IS GREATER, SECTION 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES MUST BE IN ONE POLICY AND EXCEPTIONS, SECTION 38-77-920, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS AND AGENTS MAY NOT REFUSE ACCEPTANCE OF INSURANCE, PROPERTY RIGHTS OF CERTAIN AGENTS, AND RESTRICTION OF MAILINGS TO CERTAIN AREAS, SECTION 38-77-940, RELATING TO THE AUTOMOBILE INSURANCE LAW, AVOIDING CERTAIN CLASSES OR TYPES OF RISKS, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, SECTION 38-77-950, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER AND NOTICE TO AN AUTOMOBILE INSURANCE POLICYHOLDER THAT HIS POLICY IS IN THE FACILITY, AND SECTION 38-77-960, RELATING TO AUTOMOBILE INSURANCE AGENT'S BUSINESS; TO AMEND SECTION 38-77-111, RELATING TO THE COVERAGES OF AN AUTOMOBILE INSURANCE POLICY WHICH MAY BE CEDED TO THE REINSURANCE FACILITY AND THOSE COVERAGES WHICH CANNOT BE CEDED, SO AS TO DELETE THE REFERENCE TO THE FACILITY, REPLACE IT WITH THE "JOINT UNDERWRITING ASSOCIATION", AND ALLOW A CESSION EXCEPTION, WITH RESPECT TO COVERAGES UNDER A POLICY THAT AN AUTOMOBILE INSURER IS NOT MANDATED BY LAW TO WRITE, FOR TORT LIABILITY COVERAGE AND UNINSURED MOTORIST COVERAGE FOR THOSE RISKS THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; AND TO PROVIDE A SEVERABILITY CLAUSE.
Rep. SIMRILL withdrew his objection to H. 3387 however, other objections remained upon the Bill.
Rep. ELLIOTT withdrew his objection to the following Bill.
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. ANDERSON withdrew his objection to the following Bill.
H. 4124 -- Rep. Gonzales: A BILL TO AMEND SECTION 5-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDINANCES FOR UPKEEP OF PROPERTY IN A MUNICIPALITY, SO AS TO PROVIDE THAT THE COST TO THE MUNICIPALITY FOR CORRECTING PROPERTY CONDITIONS IS A LIEN WITH THE SAME PRIORITY AS MUNICIPAL TAXES.
Rep. BREELAND withdrew his objection to the following Bill whereupon objections were raised by Reps. SIMRILL, CORNING, ROBINSON and KELLEY.
H. 3421 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-355 SO AS TO PROVIDE THAT IN A CLAIM OR ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF THE OWNERSHIP, OPERATION, USE, OR MAINTENANCE OF A MOTOR VEHICLE, THE COURT SHALL ADMIT INTO EVIDENCE THE TOTAL AMOUNT PAID TO THE CLAIMANT FROM COLLATERAL SOURCES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND TO COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO DELETE THE CURRENT PROVISIONS AND PROVIDE THAT NOTWITHSTANDING CERTAIN SECTIONS, AFTER A CERTAIN DATE AUTOMOBILE INSURERS MAY REFUSE TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO THE DEFINITION OF "DAMAGES" UNDER THE AUTOMOBILE INSURANCE LAWS, SO AS TO PROVIDE THAT THE TERM INCLUDES ACTUAL DAMAGES ONLY; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT AN INSURER SHALL ALSO OFFER THE INSURED A RIDER OR ENDORSEMENT FOR AN ADDITIONAL PREMIUM TO COVER LIABILITY FOR PUNITIVE DAMAGES; TO AMEND SECTION 38-77-150, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND DEFENSE OF AN ACTION BY THE INSURER, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT INSURERS SHALL OFFER, AT THE OPTION OF THE INSURED, HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE IN ACCORDANCE WITH SECTION 38-77-350; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO ADDITIONAL UNINSURED MOTORIST COVERAGE, AND UNDERINSURED MOTORIST COVERAGE, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT AUTOMOBILE INSURERS SHALL OFFER ON A FORM PRESCRIBED BY THE CHIEF INSURANCE COMMISSIONER, AT THE OPTION OF THE INSURED IN ACCORDANCE WITH SECTION 38-77-350 UNDERINSURED MOTORIST COVERAGE UP TO THE LIMITS SELECTED FOR THE INSURED'S LIABILITY COVERAGE TO PROVIDE COVERAGE IN THE EVENT THE INSURED BECOMES LEGALLY ENTITLED TO COLLECT DAMAGES FROM THE OWNER OR OPERATOR OF AN UNDERINSURED MOTOR VEHICLE; TO AMEND SECTION 56-9-350, RELATING TO SECURITY FOLLOWING MOTOR VEHICLE ACCIDENTS, VERIFICATION OF INSURANCE COVERAGE FORM TO BE ISSUED FOLLOWING CERTAIN ACCIDENTS, EFFECT OF FAILURE TO RETURN THE FORM, AND UNINVESTIGATED ACCIDENTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT WITHIN FIFTEEN DAYS AFTER AN ACCIDENT A WRITTEN REPORT OF THE ACCIDENT MUST BE FORWARDED TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON A FORM PRESCRIBED BY THE DEPARTMENT; TO AMEND SECTION 56-10-10, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY AND THE SECURITY REQUIRED ON REGISTERED VEHICLES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT SECURITY MUST BE MAINTAINED ON EVERY MOTOR VEHICLE REQUIRED TO BE REGISTERED IN SOUTH CAROLINA WHERE THE OWNERS OR OTHER OPERATORS NOT EXCLUDED IN ACCORDANCE WITH SECTION 38-77-340 RESIDE IN THE SAME HOUSEHOLD AND ARE INSUREDS UNDER THE SAME POLICY, IF ONE OF THE OWNERS OR OTHER OPERATORS DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; TO AMEND SECTION 56-10-220, RELATING TO THE REQUIREMENT THAT A MOTOR VEHICLE SOUGHT TO BE REGISTERED MUST BE INSURED AND PROOF OF THE SAME, SO AS TO DESCRIBE THE PERSON APPLYING FOR REGISTRATION AS ONE "REQUIRED TO PROVIDE SECURITY ON A MOTOR VEHICLE AS PROVIDED IN SECTION 56-10-10"; TO AMEND SECTION 56-10-240, RELATING TO THE REQUIREMENT THAT UPON THE LOSS OF AUTOMOBILE INSURANCE THE INSURED MUST OBTAIN NEW INSURANCE OR SURRENDER THE REGISTRATION AND LICENSE PLATES, SO AS TO FURTHER DESCRIBE THE MOTOR VEHICLE WHICH IS THE SUBJECT OF THIS SECTION AS ONE "FOR WHICH SECURITY IS REQUIRED AS PROVIDED IN SECTION 56-10-10", DELETE CERTAIN LANGUAGE, AND DESCRIBE THE RESIDENT FOR WHOM LAPSE OR TERMINATION OCCURS AFTER THREE MONTHS AS ONE "WHO DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS ARE REQUIRED TO INSURE AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT NO INSURER IS REQUIRED TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE INSURANCE IF THE RISK DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT, PROVIDE THAT NO INSURER MAY REFUSE TO WRITE OR RENEW A POLICY, COVERAGE, OR ENDORSEMENT OF AUTOMOBILE INSURANCE BECAUSE OF THE RACE, COLOR, CREED, NATIONAL ORIGIN, ANCESTRY, OR INCOME OF ANYONE WHO SEEKS TO BECOME INSURED, AND PROVIDE THAT AN APPLICANT DENIED COVERAGE MUST BE PROVIDED IN WRITING BY THE DENYING INSURER THE REASON OR REASONS FOR WHICH THE APPLICANT HAS BEEN REFUSED INSURANCE BY THAT INSURER, AT THE TIME OF THE DENIAL; TO AMEND THE 1976 CODE BY ADDING ARTICLE 13 TO CHAPTER 77 OF TITLE 38, SO AS TO ESTABLISH THE SOUTH CAROLINA JOINT UNDERWRITING ASSOCIATION (JUA), INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE ABOLITION OF THE SOUTH CAROLINA REINSURANCE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT AN AUTOMOBILE INSURER SHALL OFFER FOUR, RATHER THAN TWO, DIFFERENT RATES FOR AUTOMOBILE INSURANCE, AND PROVIDE THAT, NO LATER THAN NINETY DAYS AFTER THE PASSAGE OF THIS ACT, INSURERS OF AUTOMOBILE INSURANCE MUST FILE WITH THE CHIEF INSURANCE COMMISSIONER REVISED RATES FOR ALL OTHER PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES WRITTEN BY THEM; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO THE STATE RATING AND STATISTICAL DIVISION FOR INSURANCE PURPOSES AND UNIFORM STATISTICAL PLANS, SO AS TO PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR THE FIRST CONVICTION OF SPEEDING LESS THAN TWENTY-FIVE MILES PER HOUR IF THE PERSON CONVICTED HAS MAINTAINED THE SAFE DRIVER DISCOUNT FOR THE PREVIOUS THREE YEARS, AND PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR CONVICTIONS OF CERTAIN VIOLATIONS OCCURRING ON OR AFTER A CERTAIN DATE; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE AND PENALTIES, SO AS TO, AMONG OTHER THINGS, CHANGE THE PENALTIES, INCLUDING PROVIDING FOR THE PERFORMANCE OF PUBLIC SERVICE HOURS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-116 SO AS TO PROVIDE THAT, UPON ISSUANCE OF A NEW PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY, THE INSURANCE COMPANY OR AGENT MUST REVIEW WITH THE NEW APPLICANT A LIST OF DRIVING OFFENSES AND THE RELATED FINE AND PUNISHMENT, AS WELL AS THE POSSIBLE INCREASE IN THE INSURANCE RATES, THE EFFECT OF ANY SURCHARGES, OR THE EFFECT OF THE LOSS OF THE SAFE DRIVER DISCOUNT, AND PROVIDE THAT THE LIST MUST BE ON A FORM APPROVED BY THE CHIEF INSURANCE COMMISSIONER AND MUST ACCOMPANY THE POLICY; TO PROVIDE THAT, AFTER A CERTAIN DATE, THE GOVERNING BOARD OF THE JOINT UNDERWRITING ASSOCIATION SHALL CONTRACT WITH ONE OR MORE INSURERS OR BUSINESS ENTITIES TO SERVE AS THE DESIGNATED CARRIER AND SHALL ESTABLISH A PROCEDURE FOR THE SELECTION OF THE DESIGNATED CARRIER, PROVIDE THAT COMMISSIONS PAID TO AGENTS FOR POLICIES CEDED TO OR PLACED IN THE JUA SHALL BE SET BY THE JUA'S BOARD OF DIRECTORS, AND PROVIDE FOR RELATED MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-175 AND 56-7-12 SO AS TO PROVIDE THAT, WHEN THE OPERATOR OR OWNER OF A MOTOR VEHICLE IS ISSUED A TRAFFIC TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO COMPLETE TO VERIFY LIABILITY INSURANCE COVERAGE, PROVIDE FOR THE RETURN OF THE COMPLETED AND VERIFIED FORM TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, PROVIDE FOR THE DEPOSIT OF SUCH COLLECTED FINES, AND PROVIDE FOR RELATED MATTERS; TO REPEAL ARTICLE 5, CHAPTER 77, TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS, SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY SHALL FILE AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES, SECTION 38-73-1425, RELATING TO THE PROVISION THAT THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY WHICH DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IS THE FINAL RATE OR PREMIUM CHARGE REQUIRED BY SECTION 38-73-1420 OR THE FINAL RATE OR PREMIUM CHARGE APPROVED FOR USE BY THE INSURER, WHICHEVER IS GREATER, SECTION 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES MUST BE IN ONE POLICY AND EXCEPTIONS, SECTION 38-77-920, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS AND AGENTS MAY NOT REFUSE ACCEPTANCE OF INSURANCE, PROPERTY RIGHTS OF CERTAIN AGENTS, AND RESTRICTION OF MAILINGS TO CERTAIN AREAS, SECTION 38-77-940, RELATING TO THE AUTOMOBILE INSURANCE LAW, AVOIDING CERTAIN CLASSES OR TYPES OF RISKS, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, SECTION 38-77-950, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER AND NOTICE TO AN AUTOMOBILE INSURANCE POLICYHOLDER THAT HIS POLICY IS IN THE FACILITY, AND SECTION 38-77-960, RELATING TO AUTOMOBILE INSURANCE AGENT'S BUSINESS; TO AMEND SECTION 38-77-111, RELATING TO THE COVERAGES OF AN AUTOMOBILE INSURANCE POLICY WHICH MAY BE CEDED TO THE REINSURANCE FACILITY AND THOSE COVERAGES WHICH CANNOT BE CEDED, SO AS TO DELETE THE REFERENCE TO THE FACILITY, REPLACE IT WITH THE "JOINT UNDERWRITING ASSOCIATION", AND ALLOW A CESSION EXCEPTION, WITH RESPECT TO COVERAGES UNDER A POLICY THAT AN AUTOMOBILE INSURER IS NOT MANDATED BY LAW TO WRITE, FOR TORT LIABILITY COVERAGE AND UNINSURED MOTORIST COVERAGE FOR THOSE RISKS THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; AND TO PROVIDE A SEVERABILITY CLAUSE.
Rep. KENNEDY, with unanimous consent, made a short statement relative to the closing of Baxter Laboratories in Williamsburg County.
The following was introduced:
H. 4850 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.4633, RELATING TO ESTABLISHING AN ADDITIONAL HOMESTEAD EXEMPTION FROM SCHOOL TAXES, FOR SECOND READING OR OTHER CONSIDERATION AFTER THE CALL OF THE UNCONTESTED CALENDAR, WEDNESDAY, MARCH 2, 1994, AND TO PROVIDE, FOLLOWING THE CALL OF THE ROLL OF THE HOUSE ON EACH SUBSEQUENT LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.4633 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H.4633, relating to establishing an additional homestead exemption from school taxes, is set by special order for second reading or other consideration after the call of the uncontested calendar on Wednesday, March 2, 1994, and to provide, following the call of the roll of the House on each subsequent legislative day, for the continuing special order consideration of H.4633 until third reading or other disposition.
Rep. McTEER explained the House Resolution.
The Resolution was adopted.
The following was introduced:
H. 4851 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.4819, RELATING TO CAPITAL IMPROVEMENT BONDS FOR 1994 FOR THE PURCHASE OF SCHOOL BUSES ONLY, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING THIRD READING OR OTHER DISPOSITION OF H.4633 AND TO PROVIDE, FOLLOWING THE CALL OF THE ROLL OF THE HOUSE ON EACH SUBSEQUENT LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.4819 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H.4819 relating to capital improvement bonds for 1994 for the purchase of school buses only is set by special order for second reading or other consideration immediately following third reading or other disposition of H.4633 and to provide following roll call on each legislative day, for the continuing special order consideration of H.4819 until third or other disposition.
Rep. McTEER explained the Resolution.
The Resolution was adopted.
Rep. McTEER, from the Committee on Rules, submitted a favorable report, with amendments, on:
S. 1208 -- Senators Holland, Courtney and Jackson: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MARCH 9, 1994, AT 12:00 NOON, AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FIRST, SECOND, THIRD, FOURTH, FIFTH, SIXTH, AND AT-LARGE DISTRICTS, SO AS TO FILL TERMS WHICH WILL EXPIRE JUNE 30, 1994.
On motion of Rep. McTEER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
S. 1208 -- Senators Holland, Courtney and Jackson: A CONCURRENT RESOLUTION TO FIX TUESDAY, MARCH 15, 1994, AT 12:30 P.M., AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FIRST, SECOND, THIRD, FOURTH, FIFTH, SIXTH, AND AT-LARGE DISTRICTS, SO AS TO FILL TERMS WHICH WILL EXPIRE JUNE 30, 1994.
Be it resolved by the Senate, the House of Representatives concurring:
That the Senate and the House of Representatives meet in joint assembly in the Hall of the House of Representatives on Tuesday, March 15, 1994, at 12:30 P.M., for the purpose of electing successors to the members of the South Carolina Public Service Commission from the First, Second, Third, Fourth, Fifth, Sixth, and At-Large Districts, so as to fill terms which expire June 30, 1994.
The Rules Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1069DW.94), which was adopted.
Amend the resolution, as and if amended, by striking all after resolving words and inserting:
/That the Senate and the House of Representatives meet in joint assembly in the Hall of the House of Representatives on Tuesday, March 15, 1994, at 12:30 P.M., for the purpose of electing successors to the members of the South Carolina Public Service Commission from the First, Second, Third, Fourth, Fifth, Sixth, and At-Large Districts, so as to fill terms which expire June 30, 1994./
Amend title to conform.
Rep. McTEER explained the amendment.
Rep. RICHARDSON spoke against the amendment.
Rep. BAXLEY spoke in favor of the amendment.
Rep. RICHARDSON spoke against the amendment and moved to recommit the Concurrent Resolution to the Rules Committee.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Bailey, G. Bailey, J. Barber Canty Clyborne Cromer Fulmer Gamble Gonzales Graham Hallman Harrell Harrelson Harrison Hodges Huff Hutson Keegan Kelley Keyserling Kirsh Klauber Lanford Littlejohn Meacham Quinn Richardson Riser Robinson Shissias Simrill Smith, D. Stille Stone Stuart Thomas Trotter Tucker Walker Wells Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Anderson Askins Baker Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Cato Chamblee Cobb-Hunter Cooper Davenport Delleney Elliott Fair Farr Felder Govan Harris, J. Harwell Haskins Hines Holt Houck Inabinett Jaskwhich Jennings Kinon Koon Law Marchbanks Mattos McCraw McKay McLeod McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Scott Sharpe Sheheen Smith, R. Snow Spearman Stoddard Sturkie Townsend Vaughn Waldrop Whipper Wilder, D. Wilder, J. Wilkins Williams
So, the House refused to recommit the Resolution to the Rules Committee.
The question then recurred to the adoption of the amendment.
Rep. QUINN moved to adjourn debate upon the Resolution.
Rep. BAXLEY moved to table the motion.
Rep. MCTEER raised the Point of Order that the motion to adjourn debate was out of order as you cannot adjourn debate on a report of the Rules Committee.
The SPEAKER stated that there were five minutes for each side, so if it was debatable then you could adjourn debate and he overruled the Point of Order.
Rep. RICHARDSON demanded the yeas and nays, which were not ordered.
The motion to table was agreed to by a division vote of 48 to 39.
Rep. RICHARDSON moved that the House do now adjourn.
Rep. G. BAILEY demanded the yeas and nays, which were not ordered.
The House refused to adjourn, by a division vote of 26 to 73.
The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 69 to 27.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: S. 1208 General Subject Matter: Dates for PSC Election
Amendment #: 1. Subject Matter:
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. TIMOTHY C. WILKES
Rep. RICHARDSON proposed the following Amendment No. 2, which was ruled out of order.
election good for one year only
Rep. FELDER raised the Point of Order that Amendment No. 2 was out of order as it did not amend the time of the election.
The SPEAKER stated that under the Rules you could only amend time and place and he sustained the Point of Order and ruled the amendment out of order.
Rep. RICHARDSON proposed the following Amendment No. 3, which was tabled.
change election to Tuesday, May third
Rep. RICHARDSON explained the amendment.
Rep. BAXLEY moved to table the amendment, which was agreed to by a division vote of 56 to 41.
The question then recurred to the adoption of the Concurrent Resolution, as amended.
The Concurrent Resolution, as amended, was then adopted and ordered returned to the Senate.
Rep. WALDROP moved that the House do now adjourn.
Rep. WELLS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
The following Bill was taken up.
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.
Reps. HODGES, THOMAS and SPEARMAN, with unanimous consent, proposed the following Amendment No. 47 (Doc Name L:\council\legis\amend\CYY\15797AC.94), which was adopted.
Amend the bill, as and if amended, by deleting Section 44-49-330(D) and inserting:
/(D) If the clinic or other place where the abortion is to be performed or induced mails the printed materials described in Section 44-41-340 to the woman upon whom the abortion is to be performed or induced or if the woman picks up the information at the local health department and if the woman verifies in writing, before the abortion, that the printed materials were received by her more than twenty-four hours before the abortion is scheduled to be performed or induced, that the information described in item (A)(1) has been provided to her, and that she has been informed of her opportunity to review the information referred to in item (A)(2), then the waiting period required pursuant to subsection (C) does not apply. However, the clinic or other place is nevertheless required to maintain, for three years, the woman's written verification that the information was so provided and the printed materials were so received./
Amend title to conform.
Rep. THOMAS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the third time and ordered sent the Senate.
Rep. WILKINS moved that the House do now adjourn, which was adopted.
At 1:45 P.M. the House in accordance with the motion of Rep. WELLS adjourned in memory of Robert Sigworth, to meet at 10:00 A.M. tomorrow.
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