Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty and Eternal God, as we this day join our fellow Americans in a day of mourning at the death of this Country's 37th President, cause us to realize anew that the lives we live influence others. So in our places of government leadership here, give us firm beliefs, sound faith, courage without parallel - yet a handshake that is charitable, a heart overflowing with friendliness and a determination to reach out and touch others with good. In a day when darkness exists, make us among those who light and hold high a candle of understanding and good will.
Keep us marching onward in the army of Your truths. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received from the Senate.
Columbia, S.C., April 26, 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. 1021:
S. 1021 -- Senator Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-55 SO AS TO PROVIDE THAT RESPONSIBILITY FOR THE COSTS OF MEDICAL CARE FOR AN ARRESTED PERSON MUST FIRST BE FROM THE ARRESTED PERSON'S INSURANCE OR FINANCIAL RESOURCES AND THEN FROM GOVERNMENT FUNDS.
Very respectfully,
President
On motion of Rep. LANFORD, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. LANFORD, CANTY and WALDROP to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., April 26, 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. 1180:
S. 1180 -- Senators Bryan, Elliott, Washington, Hayes, Jackson and Thomas: A JOINT RESOLUTION TO ESTABLISH A PILOT PROJECT FOR SCHOOL-BASED COUNSELING SERVICES.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., April 26, 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 H. 4458:
H. 4458 -- Reps. Boan, Hodges, Clyborne and Kirsh: A BILL TO AMEND SECTION 1-30-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO INCLUDE THE SOUTH CAROLINA REAL ESTATE COMMISSION WITHIN THE LIST OF PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS INCORPORATED IN AND ADMINISTERED AS PART OF THE DEPARTMENT AND TO CORRECT CERTAIN REFERENCES TO OTHER PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS UNDER THE DEPARTMENT; TO AMEND SECTIONS 40-57-20, AS AMENDED, 40-57-50, 40-57-80, 40-57-90, AS AMENDED, 40-57-100, AS AMENDED, 40-57-110, AS AMENDED, 40-57-115, 40-57-120, 40-57-140, AS AMENDED, 40-57-155, 40-57-160, AS AMENDED, 40-57-170, AS AMENDED, 40-57-180, 40-57-190, 40-57-200, 40-57-210, AND 40-57-220, AS AMENDED, RELATING TO REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, AND SECTIONS 40-60-20, AS AMENDED, 40-60-50, AS AMENDED, 40-60-60, AS AMENDED, 40-60-100, AS AMENDED, 40-60-120, AS AMENDED, 40-60-160, AS AMENDED, AND 40-60-170, AS AMENDED, RELATING TO THE SOUTH CAROLINA REAL ESTATE APPRAISER REGISTRATION, LICENSE, AND CERTIFICATION ACT, SO AS TO, AMONG OTHER THINGS, ABOLISH THE OFFICE OF REAL ESTATE COMMISSIONER AND DEVOLVE THE POWERS, DUTIES, AND RESPONSIBILITIES OF THAT OFFICE UPON THE REAL ESTATE COMMISSION OR ITS CHAIRMAN OR UPON THE REAL ESTATE APPRAISERS BOARD OR THE BOARD'S CHAIRMAN, DELETE REFERENCES TO THE COMMISSIONER, DELETE CERTAIN OTHER LANGUAGE AND PROVISIONS, PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION SHALL APPOINT ANY EMPLOYEES AS MAY BE NECESSARY TO CARRY OUT THE WORK OF THE COMMISSION, CHANGE THE PROVISIONS OF LAW DEALING WITH APPEALS FROM THE DECISION OF THE COMMISSION IN REFUSING, SUSPENDING, OR REVOKING ANY LICENSE OR IN ISSUING REPRIMANDS UNDER CHAPTER 57, TITLE 40, AND DELETE THE REQUIREMENT THAT THE REAL ESTATE COMMISSION SUPPLY STAFF SUPPORT FOR THE REAL ESTATE APPRAISERS BOARD; AND TO AMEND SECTION 40-73-15, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO CLARIFY REFERENCES TO CERTAIN OF THESE PROFESSIONS AND OCCUPATIONS, INCLUDING REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. HINES moved that when the House adjourns, it adjourn in memory of Dr. Mordecai C. Johnson, Sr., of Florence, which was agreed to.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, Rep. KENNEDY, for the minority, submitted an unfavorable report, on:
S. 988 -- Senators Reese, Land, O'Dell, Russell and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2330 TO ARTICLE 25, CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF MANUFACTURER LICENSE PLATES; BY ADDING SECTION 12-37-2721 SO AS TO PROVIDE A PROPERTY TAX EXEMPTION FOR VEHICLES OPERATED ON THE HIGHWAY UNDER MANUFACTURER'S LICENSE PLATES; TO AMEND SECTIONS 56-15-10, AS AMENDED, AND 56-28-10, RELATING TO DEFINITIONS OF MANUFACTURER, SO AS TO INCLUDE MOTOR VEHICLES MANUFACTURED IN THIS STATE; TO AMEND SECTIONS 12-36-90 AND 12-36-110, BOTH AS AMENDED, RELATING TO GROSS PROCEEDS OF SALES AND SALES AT RETAIL, SO AS TO EXEMPT A MOTOR VEHICLE USED WITH A MANUFACTURER'S LICENSE PLATE FROM IMPOSITION OF TAX.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, Rep. ANDERSON, for the minority, submitted an unfavorable report, on:
S. 1064 -- Senator Land: A BILL TO AMEND SECTION 58-17-4095, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS ON RAILROAD RIGHTS-OF-WAY, SO AS TO PROHIBIT PEDESTRIANS ON RAILROAD TRACKS AND TO MAKE THE SECTION APPLY TO ALL RAILROAD RIGHTS-OF-WAY.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, Rep. KENNEDY, for the minority, submitted an unfavorable report, on:
S. 1156 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2331 TO ARTICLE 25, CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF MANUFACTURER LICENSE PLATES; AND BY ADDING SECTION 12-37-2722 SO AS TO PROVIDE A PROPERTY TAX EXEMPTION FOR VEHICLES ON WHICH A MANUFACTURER LICENSE PLATE IS USED.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
S. 48 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-115-15 SO AS TO ADD THE DEFINITION OF "HEALTH CARE PROVIDER"; AND TO AMEND TITLE 44, CHAPTER 115, RELATING TO THE PHYSICIANS' PATIENT RECORDS ACT, SO AS TO CHANGE THIS CHAPTER TO THE "PATIENT MEDICAL RECORDS ACT" AND TO CHANGE REFERENCES FROM "PHYSICIAN" TO "HEALTH CARE PROVIDER" THROUGHOUT THE CHAPTER.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 1262 -- Senators Giese, Land, Ford, Glover, Waldrep, Moore and Jackson: A BILL TO AMEND SECTION 24-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FURLOUGHS FOR QUALIFIED INMATES OF THE STATE PRISON SYSTEM, SO AS TO PROHIBIT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS FROM EXTENDING THE BENEFITS OF THIS SECTION TO A PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 UNLESS, WHERE APPLICABLE, THE VICTIM OF THE CRIME FOR WHICH THE OFFENDER IS CHARGED, OR THE RELATIVES OF THE VICTIM, THE LAW ENFORCEMENT AGENCY WHICH EMPLOYED THE ARRESTING OFFICER OF THE OFFENDER, AND THE SOLICITOR IN WHOSE CIRCUIT THE OFFENDER WAS CONVICTED RECOMMEND IN WRITING THAT THE OFFENDER BE ALLOWED TO PARTICIPATE IN THE FURLOUGH PROGRAM IN THE COMMUNITY WHERE THE OFFENSE WAS COMMITTED.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 1309 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO SANITARY AND SAFETY RULES FOR SALONS AND SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1732, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 1336 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 24-13-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS AND DEFINITIONS UNDER THE "HOME DETENTION ACT", SO AS TO MAKE CHANGES TO THE DEFINITIONS OF "COURT" AND "PARTICIPANT"; TO AMEND SECTION 24-13-1530, RELATING TO PRISONERS AND CORRECTIONAL PROGRAMS FOR WHICH HOME DETENTION MAY BE SUBSTITUTED, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT LOCAL GOVERNMENTS MAY ESTABLISH BY ORDINANCE A CERTAIN ALTERNATIVE TO INCARCERATION FOR PERSONS WHO ARE AWAITING TRIAL AND FOR OFFENDERS WHOSE SENTENCES DO NOT PLACE THEM IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-13-1560, RELATING TO THE USE OF AN ELECTRONIC MONITORING DEVICE UNDER THE "HOME DETENTION ACT", SO AS TO PROVIDE THAT THE PARTICIPANT'S USE OF SUCH A DEVICE IS CONDITIONED UPON BEING INSTRUCTED TO USE THE DEVICE; AND TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO THE PROVISION THAT THE "HOME DETENTION ACT" IS NOT APPLICABLE TO CONTROLLED SUBSTANCES OFFENDERS AND TO THE PROVISION THAT PROBATION AND PAROLE AUTHORITY IS NOT DIMINISHED BY ANY OF THE PROVISIONS OF THE "HOME DETENTION ACT", SO AS TO DEFINE FURTHER AND LIMIT THE TYPE OF CONTROLLED SUBSTANCES OFFENDER TO WHOM THE "HOME DETENTION ACT" DOES NOT APPLY.
Ordered for consideration tomorrow.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 5064 -- Reps. Clyborne and Mattos: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE AND NAME THE INTERSECTION OF PINE KNOLL DRIVE AND HIGHWAY 29 IN GREENVILLE COUNTY AS THE "LEVIS GILSTRAP INTERSECTION" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.
Ordered for consideration tomorrow.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 5123 -- Reps. Davenport, Littlejohn, Walker, Sharpe, Allison, Wells, D. Smith, Beatty, Phillips and Lanford: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ACT TO PRESERVE CONGRESSIONAL PREROGATIVES AND NATIONAL SOVEREIGNTY IN CONSIDERATION OF THE URUGUAY ROUND AGREEMENT.
Ordered for consideration tomorrow.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1375 -- Senator Moore: A CONCURRENT RESOLUTION TO RECOGNIZE 1994 AS A CRITICAL YEAR FOR DETERMINING THE FUTURE DIRECTION OF THE EDISTO RIVER BASIN AND TO DECLARE 1994 AS THE "YEAR OF THE EDISTO".
Ordered for consideration tomorrow.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5158 -- Rep. Kirsh: A BILL TO AMEND SECTION 51-13-860 OF THE 1976 CODE, RELATING TO THE LOAN AUTHORIZED FOR THE SETTLEMENT OF CLAIMS AGAINST PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO REDUCE THE MAXIMUM AUTHORIZED AMOUNT FROM SIX MILLION DOLLARS TO FIVE MILLION SIX HUNDRED THOUSAND DOLLARS AND TO PROVIDE FOR THE TRANSFER OF FOUR HUNDRED THOUSAND DOLLARS OF THE LOAN PROCEEDS HELD BY THE STATE BUDGET AND CONTROL BOARD TO THE ECONOMIC DEVELOPMENT ACCOUNT.
Rule 5.12 was waived by a division vote of 6 to 0.
On motion of Rep. KIRSH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5159 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF CHIROPRACTIC EXAMINERS, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO CORRECTION OF TERMINOLOGY INCONSISTENCIES REGARDING THERAPEUTIC MODALITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1758, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 5163 -- Reps. J. Bailey and Holt: A BILL TO PROVIDE THAT THE APPOINTMENT AND BUDGETARY REVIEW POWERS OF THE CHARLESTON COUNTY LEGISLATIVE DELEGATION IN REGARD TO THE AREA COMMISSION FOR THE BERKELEY-CHARLESTON- DORCHESTER TECHNICAL EDUCATION CENTER ARE DEVOLVED UPON THE CHARLESTON COUNTY COUNCIL.
Rule 5.12 was waived by a division vote of 5 to 0.
On motion of Rep. J. BAILEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1256 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 78 TO TITLE 44, SO AS TO ENACT THE EMERGENCY MEDICAL SERVICES DO NOT RESUSCITATE ACT, TO PROVIDE FOR CIRCUMSTANCES UNDER WHICH EMERGENCY MEDICAL SERVICES PERSONNEL MAY NOT RESUSCITATE PATIENTS, TO PROVIDE A FORM FOR THIS ORDER, TO PROVIDE FOR REVOCATION OF AN ORDER, AND TO PROVIDE CIVIL AND CRIMINAL IMMUNITY.
Referred to Committee on Judiciary.
S. 1347 -- Senator Peeler: A BILL TO ENACT THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY TAX RELIEF ACT.
On motion of Rep. McCRAW, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 5160 -- Reps. T.C. Alexander and Graham: A CONCURRENT RESOLUTION SUPPORTING THE EFFORTS OF OCONEE COUNTY AND ITS OUTSTANDING CITIZENS TO BE DESIGNATED A "WORLD WAR II COMMEMORATIVE COMMUNITY" BY THE UNITED STATES DEPARTMENT OF DEFENSE.
Whereas, Oconee County and its outstanding citizens have officially applied to the United States Department of Defense in Washington, D.C., to be designated as a "World War II Commemorative Community"; and
Whereas, the good people of Oconee County have made application for this honor and designation under the name "Oconee County World War II Commemorative Community"; and
Whereas, Ms. Nan Jones, teacher at Seneca High School, is the committee chairperson; and
Whereas, among the planned commemorative events or activities for 1994 in support of the application, the Oconee committee will dedicate a special World War II flag, will hold a D-Day commemoration on June 6, and will sponsor ceremonies in recognition of all World War II veterans on November 11; and
Whereas, among the events or activities planned for 1995 in support of the application, the Oconee committee will hold a special Memorial Day program in May to honor the memory of the 145 Oconee soldiers killed in the Second World War, will sponsor a picnic in July to honor all surviving veterans of the war, and will pay special tribute and recognition in November to all living World War II prisoners of war who reside in Oconee County; and
Whereas, the year 1994 marks the fiftieth anniversary of the Allies' D-Day invasion of continental Europe, and the year 1995 will mark the half-century anniversary of the end of World War II -- a war in which the United States of America participated to make the world safe for democracy and to vanquish the forces of evil who were systematically destroying civilization; and
Whereas, the Oconee committee's efforts to obtain the designation of a World War II commemorative community reflect the patriotism of the citizens of that county and their realization that the hard lessons of the Second World War must never be forgotten; and
Whereas, we are pleased to encourage the citizens of Oconee County to move forward in their efforts to become a World War II commemorative community and consider this a very worthwhile endeavor which is greatly deserving of support. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, supports the efforts of Oconee County and its outstanding citizens to be designated a "World War II Commemorative Community" by the United States Department of Defense.
Be it further resolved that a copy of this resolution be forwarded to Ms. Nan Jones, 4927 Bayshore Drive, Seneca, 29678.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5161 -- Rep. J. Bailey: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO PROMPTLY ENACT LEGISLATION TO PROVIDE FOR MEDICAL CARE SAVINGS ACCOUNTS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1282 -- Senator Moore: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO CHANGE THE NAME OF THE JOHN L. HIXON BRIDGE IN THE NORTH AUGUSTA AREA TO THE JOHN L. HIXON INTERCHANGE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. HODGES, with unanimous consent, the following was taken up for immediate consideration:
H. 5162 -- Reps. Hodges, M.O. Alexander, Sturkie and Beatty: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 11, 1994, AS THE TIME TO ELECT A CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO FILL THE UNEXPIRED TERM OF THE HONORABLE A. LEE CHANDLER WHO WILL BE RETIRING AS CHIEF JUSTICE IN DECEMBER, 1994, TO ELECT AN ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO FILL THE UNEXPIRED TERM AS AN ASSOCIATE JUSTICE OF THE HONORABLE A. LEE CHANDLER UPON HIS BECOMING CHIEF JUSTICE, TO ELECT AN ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO FILL THE UNEXPIRED TERM IN ANY VACANCY ON THE SUPREME COURT WHICH MAY OCCUR AS A RESULT OF THE ELECTION OF THE CHIEF JUSTICE AS ABOVE PROVIDED, TO ELECT A FAMILY COURT JUDGE FROM THE FIFTH JUDICIAL CIRCUIT, SEAT 4, TO FILL THE UNEXPIRED TERM OF THE HONORABLE WILLIAM M. CAMPBELL, WHOSE TERM EXPIRES JUNE 30, 1998, AND TO ELECT A FAMILY COURT JUDGE FROM THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM OF THE HONORABLE ALBERT L. KLECKLEY, WHOSE TERM EXPIRES JUNE 30, 1998.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 11, 1994, at 12:00 noon to elect a Chief Justice of the South Carolina Supreme Court, to fill the unexpired term of the Honorable A. Lee Chandler who will be retiring as Chief Justice in December, 1994, to elect an Associate Justice of the South Carolina Supreme Court to fill the unexpired term as an Associate Justice of the Honorable A. Lee Chandler upon his becoming Chief Justice, to elect an Associate Justice of the South Carolina Supreme Court to fill the unexpired term in any vacancy on the Supreme Court which may occur as a result of the election of the Chief Justice as above provided, to elect a Family Court judge from the Fifth Judicial Circuit, Seat 4, to fill the unexpired term of the Honorable William M. Campbell, whose term expires June 30, 1998, and to elect a Family Court judge from the Fourteenth Judicial Circuit, Seat 2, to fill the unexpired term of the Honorable Albert L. Kleckley, whose term expires June 30, 1998.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1384 -- Senators Matthews, Patterson and Washington: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1994, AS "WORKERS MEMORIAL DAY".
Whereas, the working men and women of South Carolina have helped to build this State and keep the state's economy strong; and
Whereas, each year many workers die while performing their jobs with little attention, while others die as the result of occupational diseases contracted or aggravated on the job, and thousands more are disabled or injured on the job; and
Whereas, in fiscal year 1993, twenty-eight workers died in South Carolina while working, from such varied causes as electrocution, falls, and being struck by objects; and
Whereas, these fallen workers left behind families that loved and depended on them; and
Whereas, while the need for strong safety and health protections, strong standards of enforcement, and fair and just compensation for such deaths and injuries continues, these fallen workers, and others before them, must not be forgotten. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That April 28, 1994, a date chosen by the South Carolina AFL-CIO, be commemorated as "Workers Memorial Day" in tribute to those workers who have lost their lives because of workplace injuries and illnesses.
Be it further resolved that a copy of this resolution be forwarded to Mr. G.O. Smoak, President of the South Carolina AFL-CIO.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was taken up for immediate consideration:
H. 5164 -- Rep. T.C. Alexander: A CONCURRENT RESOLUTION TO RECOGNIZE THE WEEK OF MAY 1-7, 1994, AS "ASSOCIATION WEEK", AS PROCLAIMED BY THE GOVERNOR, HONORING THE NONPROFIT NATIONAL, REGIONAL, STATE, AND LOCAL TRADE ASSOCIATIONS, PROFESSIONAL SOCIETIES, AND COMMUNITY SERVICE ORGANIZATIONS IN SOUTH CAROLINA.
Whereas, hundreds of nonprofit national, regional, state, and local trade associations, professional societies, and community service organizations operate in the public interest in South Carolina; and
Whereas, these organizations exist for the mutual benefit of their members and constituents through education, public information, influencing public policy, and pursuit of other common goals; and
Whereas, these associations encourage high standards of conduct and codes of ethics in the public interest and promote voluntary action as an effective means of meeting common challenges; and
Whereas, over five hundred eighty-three people hold individual membership in South Carolina associations with the direct economic impact of these associations in excess of sixty-two million dollars annually; and
Whereas, the South Carolina Society of Association Executives is celebrating its thirtieth anniversary in 1994. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly recognize the week of May 1-7, 1994, as "Association Week", as proclaimed by the Governor, honoring the nonprofit national, regional, state, and local trade associations, professional societies, and community service organizations in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Society of Association Executives.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Barber Baxley Beatty Boan Breeland Brown, H. Brown, J. Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Cromer Delleney Fair Farr Fulmer Gamble Graham Hallman Harrell Harris, J. Harrison Harwell Haskins Hines Holt Houck Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Lanford Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McMahand McTeer Meacham Neal Neilson Phillips Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Townsend Trotter Tucker Vaughn Waites 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 Wednesday, April 27.
James H. Hodges C. Lenoir Sturkie James P. Harrelson James N. Law Roger M. Young Larry L. Elliott Grady A. Brown Alma W. Byrd Stephen E. Gonzales Douglas Jennings, Jr. Paula H. Thomas Thomas E. Huff Joseph T. McElveen, Jr. E.B. McLeod, Jr. Larry L. Koon G. Ralph Davenport, Jr. John G. Felder Richard M. Quinn, Jr. Bessie Moody-Lawrence Jerry N. Govan, Jr.
LEAVES OF ABSENCE
The SPEAKER granted Rep. MOODY-LAWRENCE a temporary leave of absence.
The SPEAKER granted Rep. P. HARRIS a leave of absence for the day.
Announcement was made that Dr. Ken Smith of Anderson is the Doctor of the Day for the General Assembly.
Reps. ALLISON, VAUGHN and CROMER presented to the members of the House the 1994 Miss South Carolina contestants, announcing the service projects each sponsors.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 4911 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; AND TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE.
H. 4996 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STATE FUNDED REMEDIAL EDUCATION PROGRAMS (REPEALED IN ITS ENTIRETY) AND ACADEMIC ASSISTANCE PROGRAMS (GRADES 4-12), DESIGNATED AS REGULATION DOCUMENT NUMBER 1716, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4997 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STATE FUNDED COMPENSATORY EDUCATION PROGRAMS (REPEALED IN ITS ENTIRETY) AND EARLY CHILDHOOD ASSISTANCE PROGRAMS, GRADES K-3 (REPLACES), DESIGNATED AS REGULATION DOCUMENT NUMBER 1717, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5030 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO THE TITLE V OPERATING PERMIT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1706, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4966 -- Reps. Barber, Worley, Harrelson, Keyserling, Inabinett, G. Bailey, Richardson, Fulmer, Holt, A. Young, J. Bailey, Witherspoon, Breeland, Waites and Kelley: A JOINT RESOLUTION TO ENACT THE SOUTH CAROLINA COASTAL FUTURES PLANNING ACT OF 1994; TO ESTABLISH THE SOUTH CAROLINA COASTAL FUTURES TASK FORCE AND TO PROVIDE FOR ITS MEMBERSHIP, PURPOSE, POWERS, DUTIES, AND DISSOLUTION.
H. 4971 -- Reps. Hallman, Walker, Simrill, Harrell, Beatty, Moody-Lawrence, Robinson, Trotter, Graham, Stuart, D. Wilder, Phillips, Marchbanks, McTeer, Holt, J. Bailey, Fair, Wells, Davenport, J. Wilder, Gamble and Kirsh: A JOINT RESOLUTION TO AUTHORIZE THE STATE DEPARTMENT OF EDUCATION TO TRANSFER UP TO FIVE HUNDRED THOUSAND DOLLARS OF FISCAL YEAR 1993-94 APPROPRIATIONS FOR THE EDUCATION FINANCE ACT TO COVER OPERATING EXPENSES OF SCHOOL BUS SHOPS.
H. 4624 -- Reps. Tucker, G. Brown, Haskins, Townsend, D. Smith, G. Bailey, Harrison, Harwell, Vaughn, J. Wilder, Carnell, Davenport, Inabinett, Hodges, Law, R. Young, Rogers, Harvin, Moody-Lawrence, A. Young, Stuart, Cato, Gonzales, D. Wilder and Meacham: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY AUTHORITY TO TRANSFER CRIMINAL CASES FROM GENERAL SESSIONS COURT TO A MAGISTRATE'S COURT IF THE PENALTY FOR THE OFFENSE IS A FINE NOT EXCEEDING FIVE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH, SO AS TO MAKE PERMANENT THE AUTHORITY TO TRANSFER THESE CASES.
H. 4721 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 9-1-440, 9-1-1140, AND 9-1-1850, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE FROM FOUR TO SIX PERCENT OF EARNABLE COMPENSATION THE COST OF ESTABLISHING SERVICE WHEN THE MEMBER ORIGINALLY ELECTED NOT TO BE COVERED, TO INCREASE THE COST OF ESTABLISHING TIME FOR PREGNANCY LEAVE FROM EIGHT TO TWELVE PERCENT OF EARNABLE COMPENSATION, AND TO PROVIDE A SCHEDULE OF RATES FOR A MEMBER WITH AT LEAST TWENTY-FIVE YEARS SERVICE ESTABLISHING CREDIT FOR UP TO FIVE YEARS ADDITIONAL SERVICE; TO AMEND SECTIONS 9-11-50, AS AMENDED, 9-11-55, 9-11-210, AS AMENDED, AND 9-11-325, RELATING TO ESTABLISHING CREDIT FOR PRIOR SERVICE AND THE ACCOMPANYING CONTRIBUTION RATES FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE THE COST OF ESTABLISHING PREGNANCY LEAVE, FEDERAL CIVILIAN SERVICE, AND OTHER ESTABLISHABLE NEW POLICE SERVICE, FROM TEN TO TWELVE PERCENT OF EARNABLE COMPENSATION, INCREASE THE CONTRIBUTION RATE TO ESTABLISH PRIOR POLICE SERVICE FROM SIXTEEN TO TWENTY-ONE DOLLARS A MONTH FOR CLASS ONE SERVICE AND FROM FIVE TO SIX AND ONE-HALF PERCENT OF MONTHLY COMPENSATION, AND TO INCREASE THE COST OF ESTABLISHING OUT-OF-STATE SERVICE FROM TEN TO TWELVE PERCENT OF SALARY; AND TO REPEAL SECTION 9-11-65, RELATING TO AN OBSOLETE PURCHASE OF ADDITIONAL SERVICE CREDIT BY MEMBERS WITH AT LEAST TWENTY-FIVE YEARS SERVICE.
H. 4033 -- Reps. Wilkins and Clyborne: A BILL TO AMEND SECTIONS 16-3-740 AND 16-15-255, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING OF CERTAIN CONVICTED SEX OFFENDERS, SO AS TO INCLUDE ADJUDICATED JUVENILE SEX OFFENDERS, TO REQUIRE THESE TESTS BE CONDUCTED UPON REQUEST OF THE VICTIM RATHER THAN WHEN A VICTIM IS EXPOSED TO BODY FLUIDS, TO REQUIRE THE SOLICITOR TO PROVIDE TEST RESULTS TO THE PARENTS OF A VICTIM WHO IS A MINOR OR MENTALLY RETARDED OR MENTALLY INCAPACITATED, TO REQUIRE THE SOLICITOR TO PROVIDE THE DEPARTMENT OF CORRECTIONS OR THE DEPARTMENT OF YOUTH SERVICES WITH POSITIVE HIV TEST RESULTS FOR THE SOLE PURPOSE OF PROVIDING TREATMENT AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE COUNSELING TO THESE OFFENDERS WHO TEST POSITIVELY FOR HIV.
The following Bills and Joint Resolutions 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. 605 -- Senator Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY EXEMPT FROM AD VALOREM TAXATION, SO AS TO PERMIT A MUNICIPAL GOVERNING BODY TO EXEMPT FROM MUNICIPAL AD VALOREM TAXES FOR NOT MORE THAN FIVE YEARS ALL NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, AND ADDITIONS TO SUCH FACILITIES LOCATED IN THE MUNICIPALITY, AND TO AUTHORIZE A SIMILAR EXEMPTION FOR ALL NEW ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES AND ADDITIONS TO SUCH ENTERPRISES LOCATED IN THE MUNICIPALITY AND TO PROVIDE THAT THESE EXEMPTIONS ARE SUBJECT TO THOSE TERMS AND CONDITIONS THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
S. 671 -- Senator Land: A BILL TO AMEND SECTIONS 12-19-20, AS AMENDED, 12-19-100, 12-19-110, AND 33-1-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE LICENSE FEES, LICENSE FEES ON UTILITIES AND ELECTRIC COOPERATIVES, AND FILING FEES CHARGED FOR DOCUMENTS FILED WITH THE SECRETARY OF STATE, SO AS TO PROVIDE THAT THE CORPORATE LICENSE FEE FOR FOREIGN CORPORATIONS MUST BE PAID WHEN FILING WITH THE SECRETARY OF STATE AND TO DELETE OBSOLETE PROVISIONS RELATING TO THE LICENSE TAX ON UTILITIES AND ELECTRIC COOPERATIVES.
S. 987 -- Senator Drummond: A BILL TO AMEND SECTION 1-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE LIABILITY INSURANCE FOR STATE AGENCIES AND EMPLOYEES, SO AS TO PROVIDE LIABILITY INSURANCE FOR STATE AGENCIES AND OTHER PUBLIC ENTITIES THROUGH THE DIVISION OF INSURANCE SERVICES RATHER THAN THE DIVISION OF GENERAL SERVICES AND TO AUTHORIZE SUCH COVERAGE FOR PHYSICIANS OR DENTISTS WHO ARE PAID FOR PROFESSIONAL SERVICES FROM FEES PAID TO A PRACTICE PLAN AUTHORIZED BY THEIR EMPLOYERS WHETHER OR NOT INCORPORATED AND REGISTERED WITH THE SECRETARY OF STATE; AND TO AMEND SECTIONS 15-78-30, 15-78-70, AND 15-78-120, ALL AS AMENDED, RELATING TO DEFINITIONS, APPLICATIONS, AND LIMITATIONS ON LIABILITY FOR PURPOSES OF THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT THE ACT EXTENDS TO A LICENSED PHYSICIAN AND DENTIST OTHERWISE COVERED WHO RECEIVES FEES FROM A PRACTICE PLAN AUTHORIZED BY THE LICENSEE'S EMPLOYER WHETHER OR NOT INCORPORATED AND REGISTERED WITH THE SECRETARY OF STATE.
S. 1314 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PARKING AND TRAFFIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 1709, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 896 -- Senators Hayes, Peeler, Gregory and Short: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 914 -- Senator Courtney: A BILL TO AMEND SECTION 16-3-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY TESTING OF CERTAIN CONVICTED SEX OFFENDERS FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV), SO AS TO PROVIDE THAT THE SOLICITOR SHALL ORDER TESTS FOR SEXUALLY TRANSMITTED DISEASES FOR ANY PERSON CONVICTED OF CERTAIN SEX OFFENSES, AND TO PROVIDE FURTHER THAT UPON THE SOLICITOR'S REQUEST OR UPON THE COURT'S OWN MOTION, THE COURT MAY ORDER TESTS FOR SEXUALLY TRANSMITTED DISEASES FOR ANY PERSON CONVICTED OF A CRIMINAL OFFENSE.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. McABEE having the floor.
H. 5037 -- Ways and Means Committee: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 40, THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES ACT, SO AS TO CREATE THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES AUTHORITY AND PROVIDE FOR ITS POWERS AND DUTIES; TO PROVIDE FOR A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO LOCAL GOVERNMENTS TO FINANCE ENVIRONMENTAL FACILITIES AND OTHER INFRASTRUCTURE PROJECTS, TO AUTHORIZE THE AUTHORITY TO ISSUE REVENUE BONDS AND TO PROVIDE FOR THE METHOD OF ISSUING AND SECURING THE BONDS AND THE PAYMENT OF THE BONDS, TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, STATE APPROPRIATIONS AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE REVOLVING FUND, AND TO AUTHORIZE LENDING TO AND BORROWING BY LOCAL GOVERNMENTS THROUGH THE REVOLVING FUND; TO AMEND SECTION 11-37-60, RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY, SO AS TO ALLOW IT TO ISSUE BONDS AND FOR THE PURPOSE OF REFUNDING BONDS ISSUED BEFORE DECEMBER 31, 1992, AND TO REDUCE FROM TWO HUNDRED MILLION TO SIXTY MILLION DOLLARS THE TOTAL PRINCIPAL AMOUNT OF BONDS AUTHORIZED; AND TO REPEAL SECTION 11-37-70 RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY.
Rep. McABEE relinquished the floor.
Rep. ROBINSON proposed the following Amendment No. 1 (Doc Name L:\COUNCIL\LEGIS\AMEND\WWW\30223DW.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately number SECTION to read:
/SECTION ___. When all bonds issued by the South Carolina Resources Authority are retired, Chapter 37 of Title 11 of the 1976 Code is repealed./
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. MARCHBANKS moved to adjourn debate upon the following Bill until Thursday, April 28, which was adopted.
S. 226 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE LEASE-PURCHASE OR LEASE-BACK AGREEMENTS INVOLVING REAL PROPERTY ENTERED INTO BY THE STATE OR POLITICAL SUBDIVISIONS OF THE STATE WHEREIN THE STATE OR POLITICAL SUBDIVISION IS THE LESSEE CONSTITUTES GENERAL OBLIGATION DEBT FOR THE PERIOD OF THE LEASE AND TO PROVIDE THAT THIS GENERAL OBLIGATION DEBT MAY NOT VIOLATE THE CONSTITUTIONAL DEBT LIMITATIONS APPLICABLE TO THE STATE OR POLITICAL SUBDIVISION UNDER ARTICLE X OF THE STATE CONSTITUTION.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4814 -- Rep. Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-138 SO AS TO ESTABLISH A NO WAKE ZONE IN CHARLESTON COUNTY.
S. 25 -- Senators Bryan and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-737 SO AS TO REQUIRE AN OFFER OF COVERAGE FOR MENTAL ILLNESS IN GROUP HEALTH INSURANCE POLICIES AND PROVIDE EXEMPTIONS FOR HEALTH INSURANCE PLANS WHICH OFFER THE COVERAGE.
The following Bill was taken up.
H. 4864 -- Rep. Richardson: A BILL TO AMEND SECTION 59-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OR DIVISION OF SCHOOL DISTRICTS, SO AS TO PROVIDE THAT IF CERTAIN PETITION REQUIREMENTS ARE SATISFIED, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO ALTER OR DIVIDE THE SCHOOL DISTRICTS CONCERNED IN THE MANNER STIPULATED IN THE PETITION, AND TO PROVIDE THAT IF CERTAIN OTHER PETITION REQUIREMENTS ARE SATISFIED, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO CALL THE REFERENDUMS CONCERNING THE ALTERATION OR DIVISION OF THE AFFECTED SCHOOL DISTRICTS, AND IF THE RESULTS OF THE REFERENDUMS ARE FAVORABLE IN EACH OF THE SCHOOL DISTRICTS, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO ALTER OR DIVIDE THE SCHOOL DISTRICTS IN THE MANNER STIPULATED.
Rep. RICHARDSON explained the Bill and moved to adjourn debate upon the Bill, until Tuesday, May 3, which was adopted.
The following Bill was taken up.
H. 4804 -- Reps. Shissias, Cromer, Cobb-Hunter, Mattos, Inabinett, McElveen, Wells, Neal, Hutson, Wofford and Govan: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES UNDER ITS APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP AND DISTRIBUTE MATERIALS AND PROCEDURES TO HOSPITALS FOR USE IN OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS ON NEWBORNS, AND 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.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15980AC.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 44-7-77. The Department of Health and Environmental Control, and the Department of Social Services, in conjunction with the South Carolina Hospital Association, shall develop and implement a program to promote obtaining the voluntary acknowledgments of paternity before a newborn is released from the hospital."
SECTION 2. Section 20-7-956(6) of the 1976 Code is amended to read:
"(6) A verified voluntary acknowledgment of paternity which creates a rebuttable presumption of the putative father's paternity.
(6)(7) Any other relevant and competent evidence deemed admissible in the discretion of the court."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1118 -- Senators Drummond, Washington, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-55-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF PRACTICE OF PSYCHOLOGY, SO AS TO DELETE THE REQUIREMENT THAT A CLIENT RECEIVING EXTENDED PSYCHOTHERAPY MUST BE REFERRED TO A PHYSICIAN FOR EXAMINATION; TO AMEND SECTION 40-55-80, RELATING TO LICENSURE, SO AS TO REQUIRE AN APPLICANT TO PROVIDE REFERENCES AND THAT THE BOARD MAY NOT REQUEST MORE THAN THREE REFERENCES AND TO FURTHER REQUIRE AN APPLICANT TO HAVE COMPLETED TWO YEARS OF SUPERVISED EXPERIENCE; TO AMEND SECTION 40-55-130, RELATING TO COMPLAINTS, SO AS TO DELETE THE REQUIREMENT THAT A COMPLAINT MUST BE SUBMITTED BY AFFIDAVIT AND TO REVISE NOTICE PROCEDURES; TO AMEND SECTION 40-55-150, RELATING TO DISCIPLINARY GROUNDS, SO AS TO DELETE GROUNDS RELATING TO SOLICITATION; TO AMEND SECTION 40-55-170, RELATING TO VIOLATIONS, SO AS TO AUTHORIZE THE BOARD TO BRING ACTIONS FOR INJUNCTIONS AND TO REQUIRE THE ATTORNEY GENERAL TO ASSIST WITH PROCEEDINGS BROUGHT UNDER THIS CHAPTER; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN PSYCHOLOGY FOR SIX YEARS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15984AC.94), which was adopted.
Amend the bill, as and if amended, by deleting Section 40-55-60 and inserting:
/Section 40-55-60. The board may adopt the code of ethics for psychologists to govern the practices and conduct of psychologists licensed under this chapter and shall file a copy of the Code with the Secretary of State. Whenever important aspects of a case fall outside the boundaries of the psychologist's competence, he the psychologist shall consult appropriate specialists. Psychologists who accept for extended psychotherapy any client who is not a medical referral shall refer the client to a qualified physician who is a member of the American Medical Society for a medical examination at any time as the need for the psychotherapy becomes evident or within the first four weeks of professional contact, except for clients seen by the psychologist for psychological evaluation or marital counseling. A psychologist may not attempt to diagnose, prescribe for, treat, or advise a client with reference to complaints which are outside the limits of psychological practice as determined by the board. The board shall determine areas of specialization of the applicant to practice psychology and inform him the applicant of its decision. The board shall publish a list of licensed psychologists which indicates areas of practice authorized by the board./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HODGES moved to adjourn debate upon the following Bill, which was adopted.
H. 5057 -- Judiciary Committee: A BILL TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO ENACT THE COMMUNITY CORRECTIONS INCENTIVE ACT TO ENABLE COURTS TO SENTENCE NONVIOLENT OFFENDERS TO LESS COSTLY COMMUNITY CORRECTIONAL FACILITIES FOR HOUSING BOTH STATE AND LOCAL INMATES IN ALTERNATIVE SENTENCING PROGRAMS; BY ADDING SECTIONS 14-1-240 THROUGH 14-1-420 SO AS TO PROVIDE A PROCEDURE FOR ALL ORDERS ISSUED BY A COURT FOR THE PAYMENT OF FINES, SURCHARGES, ASSESSMENTS, COSTS, OR FEES OWED TO THE STATE ENTERED OR MODIFIED AFTER JUNE 20, 1995, TO CONTAIN THE OBLIGOR'S SOCIAL SECURITY NUMBER AND PROVISION FOR INCOME WITHHOLDING PROCEDURES TO TAKE EFFECT IF A DELINQUENCY OCCURS; BY ADDING SECTION 17-27-45 SO AS TO PROVIDE THAT AN APPLICATION FOR RELIEF FILED PURSUANT TO THE UNIFORM POST CONVICTION PROCEDURE ACT MUST BE FILED WITHIN ONE YEAR AFTER THE ENTRY OF A JUDGMENT OF CONVICTION, OR WITHIN ONE YEAR AFTER THE SENDING OF THE REMITTITUR TO THE LOWER COURT FROM AN APPEAL, OR THE FILING OF THE FINAL DECISION UPON AN APPEAL, WHICHEVER IS LATER, AND TO PROVIDE A DIFFERENT TIME UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 22-5-580 SO TO ESTABLISH A STATEWIDE PRETRIAL CLASSIFICATION PROGRAM FOR THE IMPROVEMENT OF MAGISTRATES' COLLECTIONS AND CONSIDERATION OF INFORMATION CONCERNING THE RELEASE OF PERSONS PLACED IN JAIL PENDING DISPOSITION OF CRIMINAL CHARGES; BY ADDING SECTION 24-3-25 SO AS TO AUTHORIZE THE GOVERNING BODIES OF COUNTIES OR MUNICIPALITIES TO ESTABLISH LOCAL REGIONAL CORRECTIONAL FACILITIES FOR THE CONFINEMENT OF PERSONS AWAITING TRIAL OR SENTENCED ON CRIMINAL CHARGES, CONVICTED AND SENTENCED ON CRIMINAL CHARGES, OR NOT OTHERWISE ELIGIBLE FOR CONFINEMENT IN STATE OR OTHER FACILITIES; BY ADDING SECTION 24-3-430 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH A PROGRAM INVOLVING THE USE OF INMATE LABOR IN PRIVATE INDUSTRY; BY ADDING SECTION 24-13-80 SO AS TO AUTHORIZE A COUNTY OR MUNICIPAL ADMINISTRATOR OR THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH CRITERIA FOR A REASONABLE DEDUCTION FOR MONEY CREDITED TO THE ACCOUNT OF AN INMATE TO REPAY CERTAIN COSTS; BY ADDING SECTIONS 24-13-100 AND 24-13-150 SO AS TO PROHIBIT A PRISONER CONVICTED OF AN OFFENSE AGAINST THE STATE AND SENTENCED TO THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, INCLUDING A PRISONER SERVING TIME IN A LOCAL FACILITY PURSUANT TO A DESIGNATED FACILITY AGREEMENT FROM BEING ELIGIBLE FOR WORK RELEASE, EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION UNTIL CERTAIN MINIMUM TERMS OF IMPRISONMENT HAVE BEEN SERVED; BY ADDING SECTION 24-13-175 SO AS TO PROVIDE THAT SENTENCES IMPOSED AND TIME SERVED MUST BE COMPUTED BASED UPON A THREE HUNDRED SIXTY-FIVE DAY YEAR; BY ADDING ARTICLE 17, CHAPTER 13, TITLE 24 SO AS TO ENACT THE SOUTH CAROLINA INCARCERATION REIMBURSEMENT ACT; BY ADDING ARTICLE 19, CHAPTER 13, TITLE 24 SO AS TO ESTABLISH THE CENTER FOR ALCOHOL AND DRUG REHABILITATION; BY ADDING SECTION 24-21-560 SO AS TO REQUIRE ALL PRISONERS WHO COMMIT A CRIME AFTER DECEMBER 31, 1994, TO SATISFACTORILY COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION AND TO SPECIFY THE REQUIREMENTS OF THE PROGRAM; BY ADDING CHAPTER 27, TITLE 24 SO AS TO CREATE THE SOUTH CAROLINA SENTENCING AND CORRECTIONS POLICY COMMISSION, TO PROVIDE FOR ITS COMPOSITION, DUTIES, AND RESPONSIBILITIES, AND REQUIRE THE COMMISSION TO MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY FOR A CLASSIFICATION SYSTEM BASED ON MAXIMUM TERM OF IMPRISONMENT FOR ALL SOUTH CAROLINA CRIMINAL OFFENSES; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO ADD TO THE LIST OF EXEMPTIONS THE PURCHASE OF GOODS, PRODUCTS, AND SERVICES BY STATE OFFICES AND OTHER DEPARTMENTS, INSTITUTIONS, AGENCIES, AND BOARDS OR POLITICAL SUBDIVISIONS OF THIS STATE FROM THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, DIVISION OF PRISON INDUSTRIES; TO AMEND SECTIONS 16-3-20, 16-3-30, AND 16-3-40, RELATING TO THE OFFENSE OF MURDER, KILLING BY POISONING, OR KILLING BY STABBING OR THRUSTING, SO AS TO PROVIDE THAT A PERSON CONVICTED OF THESE CRIMES MAY BE IMPRISONED FOR A TERM OF YEARS UP TO LIFE, DEFINE "LIFE" TO MEAN UNTIL DEATH, TO DELETE THE PROVISION WHICH REQUIRES A PERSON SENTENCED TO LIFE NOT TO BE ELIGIBLE FOR PAROLE UNTIL THE SERVICE OF THIRTY YEARS, TO DELETE IN THE CRIMES OF KILLING BY POISONING AND KILLING BY STABBING OR THRUSTING THE PENALTY OF DEATH FOR A WILFUL MURDER; TO AMEND SECTION 16-3-85, AS AMENDED, RELATING TO THE CRIME OF HOMICIDE BY CHILD ABUSE, SO AS TO AUTHORIZE AS A PENALTY A TERM OF YEARS UP TO LIFE AND DELETE THE MINIMUM TWENTY YEAR PENALTY, AND PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 16-3-210, RELATING TO THE CRIME OF LYNCHING IN THE FIRST DEGREE, SO AS TO DELETE THE PENALTY OF DEATH FOR VIOLATION AND PROVIDE THAT A PERSON MUST BE IN PRISON FOR A TERM OF YEARS UP TO LIFE, AND TO PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 16-3-430, RELATING TO THE CRIME OF KILLING IN A DUAL, SO AS TO DELETE THE PENALTY OF DEATH AND PROVIDE THAT A PERSON MUST BE IMPRISONED FOR A TERM OF LIFE UP TO LIFE, AND DEFINE "LIFE" AS MEANING UNTIL DEATH; TO AMEND SECTION 16-3-625, RELATING TO THE CRIME OF RESISTING A LAW ENFORCEMENT OFFICER WITH THE USE OF THREAT OR A DEADLY WEAPON, SO AS TO DELETE THE MINIMUM IMPRISONMENT OF TWO YEARS AND THE MINIMUM SERVICE IN ORDER TO BE ELIGIBLE FOR PAROLE; TO AMEND SECTION 16-3-652, RELATING TO THE CRIME OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE, SO AS TO DELETE THE PENALTY OF IMPRISONMENT FOR NOT MORE THAN THIRTY YEARS, PROVIDE FOR A TERM OF YEARS UP TO LIFE TO BE IMPOSED, AND PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 16-3-1260, AS AMENDED, RELATING TO REIMBURSEMENT OF THE STATE BY CONVICTED PERSONS TO THE VICTIMS' COMPENSATION FUND, SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS MAY MAKE PAYMENT OF THE DEBT TO THE STATE AS A CONDITION OF PAROLE, AND TO MAKE CERTAIN CORRECTIONS TO REFERENCES; TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE VICTIM'S AND WITNESSES BILL OF RIGHTS SO AS TO MAKE CERTAIN INFORMATION NOT PRIVILEGED BETWEEN THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF PROBATION, COMMUNITY SUPERVISION, TO MAKE CERTAIN REFERENCE CORRECTIONS, AND DELETE A REFERENCE THAT RESTITUTION IS A CONDITION OF PAROLE; TO AMEND SECTION 16-3-1550, AS AMENDED, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO MAKE CERTAIN REFERENCE CHANGES; TO AMEND SECTION 16-11-311, RELATING TO THE CRIME OF BURGLARY IN THE FIRST DEGREE, SO AS TO CHANGE THE PUNISHMENT BY DELETING THE AUTHORITY OF A DEFENDANT TO BE SENTENCED TO A TERM OF NOT LESS THAN FIFTEEN YEARS AND PROVIDE THAT THE PERSON CONVICTED IS NOT ELIGIBLE FOR PAROLE EXCEPT UPON THE SERVICE OF NOT LESS THAN ONE-THIRD OF THE TERM OF THE SENTENCE, PROVIDE THAT THE PERSON MAY BE SENTENCED FOR A TERM OF YEARS UP TO LIFE, AND PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 16-11-330, RELATING TO THE CRIME OF ROBBERY AND ATTEMPTED ROBBERY WHILE ARMED WITH A DEADLY WEAPON, SO AS TO PROVIDE THAT A PERSON CONVICTED OF THIS CRIME IS GUILTY OF A FELONY AND, UPON CONVICTION, MUST BE IMPRISONED FOR A MANDATORY MINIMUM TERM OF TEN YEARS, DELETE THE REQUIREMENT THAT A PERSON CONVICTED UNDER THIS SECTION IS NOT ELIGIBLE FOR PAROLE UNTIL HE HAS SERVED AT LEAST SEVEN YEARS OF HIS SENTENCE, AND DELETE THE PROVISION THAT A PERSON IS NOT ELIGIBLE FOR PAROLE OR PROBATION UNTIL HE HAS SERVED A THREE-YEAR MINIMUM SENTENCE, PROVIDE THAT A PERSON CONVICTED FOR ATTEMPTED ROBBERY ARMED WITH CERTAIN WEAPONS IS GUILTY OF A FELONY; TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO THE CARDBOARD PLACARD WHICH MUST BE PRINTED AND DISTRIBUTED TO EACH BUSINESS, SO AS TO MAKE THE LANGUAGE OF THE PLACARD CONSISTENT WITH THE PROVISIONS OF SECTION 16-11-330; TO AMEND SECTION 16-11-540, RELATING TO DAMAGING OR DESTROYING A BUILDING, VEHICLE, OR OTHER PROPERTY BY MEANS OF EXPLOSIVE OR INCENDIARY SO AS TO CHANGE THE PENALTIES WHEN DEATH RESULTS AND PROVIDE THAT A PERSON MUST BE IMPRISONED FOR A TERM OF YEARS UP TO LIFE, AND PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 17-25-45, RELATING TO A PERSON WHO HAS THREE CONVICTIONS FOR A VIOLENT CRIME SO AS TO REDUCE FROM THREE TO TWO THE NUMBER OF CONVICTIONS REQUIRED, AND PROVIDE THAT THIS PROVISION IS IRRESPECTIVE OF WHETHER THE PRISONER IS CONSIDERED A VIOLENT OFFENDER, DELETE THE PROVISION THAT SUBJECTS THE PERSON TO LIFE WITHOUT PAROLE, AND PROVIDE THAT "LIFE IMPRISONMENT" MEANS UNTIL DEATH, AND PROVIDE THAT NOTICE MUST BE GIVEN BY THE SOLICITOR BEFORE TRIAL OF THE DECISION TO INVOKE SENTENCE UNDER A PROVISION OF THIS SECTION; TO AMEND SECTION 17-25-70, RELATING TO THE AUTHORITY OF LOCAL OFFICIALS TO REQUIRE ABLE-BODIED CONVICTED PERSONS TO PERFORM LABOR ON PUBLIC WORKS OR WAYS, SO AS TO CHANGE SOME TERMINOLOGY, PROVIDE THAT THIS LABOR MAY INVOLVE PUBLIC SERVICE WORK OR RELATED ACTIVITIES WHICH CONFORM WITH REVISIONS OF SECTION 24-13-660, PROVIDE WHAT PUBLIC SERVICE WORK MAY INCLUDE, AND AUTHORIZE A LOCAL GOVERNING BODY TO ENTER INTO A CONTRACTUAL AGREEMENT WITH ANOTHER GOVERNMENTAL ENTITY FOR USE OF INMATE LABOR IN THE PERFORMANCE OF WORK FOR PUBLIC PURPOSE; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO A CONVICTED PERSON BEING IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, SO AS TO CORRECT CERTAIN REFERENCES, PROVIDING THAT NOTHING IN THIS SECTION PREVENTS A COURT FROM ORDERING A SENTENCE TO RUN CONCURRENTLY WITH A SENTENCE BEING SERVED IN ANOTHER STATE OR AN ACTIVE FEDERAL SENTENCE, PROVIDE THAT THE DEPARTMENT SHALL NOTIFY THE SOLICITOR OR OTHER JUDICIAL OFFICERS AND VICTIMS BEFORE RELEASING INMATES ON WORK RELEASE, PROVIDE THAT THE DEPARTMENT HAS THE AUTHORITY TO DENY RELEASE BASED UPON THE OPINIONS RECEIVED, PROVIDE THAT THE DIRECTOR MAY EXTEND THE LIMITS OF THE PLACE OF CONFINEMENT UPON CERTAIN MINIMUMS BEING SERVED; TO AMEND SECTION 24-3-30, AS AMENDED, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT, SO AS TO ADD A PROVISION WHICH AUTHORIZES A COUNTY OR MUNICIPALITY THROUGH MUTUAL AGREEMENT OR CONTRACT TO ARRANGE WITH ANOTHER COUNTY OR MUNICIPALITY OR LOCAL REGIONAL CORRECTIONAL FACILITY FOR THE DETENTION OF ITS PRISONERS; TO AMEND SECTION 24-3-40, AS AMENDED, RELATING TO DISPOSITION OF WAGES OF A PRISONER ALLOWED TO WORK AT PAID EMPLOYMENT, SO AS TO ADD TO THE AUTHORIZED EMPLOYMENT A PRISON INDUSTRY PROGRAM PROVIDED UNDER ARTICLE 3 OF CHAPTER 24; TO AMEND SECTION 24-3-210, AS AMENDED, RELATING TO FURLOUGHS FOR QUALIFIED INMATES OF THE STATE PRISON SYSTEM, SO AS TO DELETE CERTAIN REASONS FOR GRANTING A FURLOUGH; TO AMEND SECTION 24-3-330, AS AMENDED, RELATING TO THE PURCHASE OF PRODUCTS PRODUCED BY CONVICT LABOR BY THE STATE OR POLITICAL SUBDIVISIONS, SO AS TO REQUIRE THE MATERIALS MANAGEMENT OFFICE OF THE DIVISION OF GENERAL SERVICES TO MONITOR THE COOPERATION OF STATE OFFICES, DEPARTMENT, INSTITUTIONS, AND AGENCIES IN THE PROCUREMENT OF GOODS, PRODUCTS, AND SERVICES FROM THE DIVISION OF PRISON INDUSTRIES OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-3-360, AS AMENDED, RELATING TO THE ANNUAL PREPARATION OF CATALOGUES DESCRIBING ARTICLES PRODUCED BY CONVICT LABOR, SO AS TO PROHIBIT A STATE OFFICE, DEPARTMENT, INSTITUTION, OR AGENCY OR THE POLITICAL SUBDIVISION OF THIS STATE FROM CONTACTING AND REQUESTING THE DEPARTMENT OF CORRECTIONS TO MANUFACTURE OR PRODUCE ARTICLES OR PRODUCTS SIMILAR, BUT NOT IDENTICAL TO, ARTICLES OR PRODUCTS LISTED IN THE CATALOGUE; TO AMEND SECTION 24-3-410, AS AMENDED, RELATING TO THE SALE OF PRISON-MADE PRODUCTS ON THE OPEN MARKET, SO AS TO DELETE A REFERENCE TO PROVISIONS OF THIS SECTION NOT APPLYING TO ARTICLES MANUFACTURED OR PRODUCED BY PERSONS ON PAROLE; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO A DEDUCTION FROM THE TERM OF THE SENTENCE FOR GOOD BEHAVIOR, SO AS TO PROVIDE THAT NO PRISONER IS ENTITLED TO A REDUCTION BELOW THE MINIMUMS PROVIDED IN SECTION 24-13-150; TO AMEND SECTION 24-13-230, RELATING TO THE REDUCTION OF A SENTENCE FOR A PRODUCTIVE DUTY ASSIGNMENT OR PARTICIPATION IN ACADEMIC, TECHNICAL, OR VOCATIONAL TRAINING PROGRAM, SO AS TO ADD A PROVISION WHICH PROVIDES THAT NO CREDITS EARNED UNDER THIS SECTION MAY BE APPLIED IN A MANNER WHICH WOULD PREVENT FULL PARTICIPATION IN THE DEPARTMENT'S COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO DEFINITIONS USED IN THE SHOCK INCARCERATION PROGRAM, SO AS TO CHANGE THE DEFINITION OF ELIGIBLE INMATE; TO AMEND SECTION 24-13-1320, AS AMENDED, RELATING TO THE AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT TO PROMULGATE REGULATIONS FOR THE SHOCK INCARCERATION PROGRAM, AND PROVIDE FOR A COMMITTEE, SO AS TO CORRECT CERTAIN REFERENCES; TO AMEND SECTION 24-13-1330, RELATING TO THE APPLICATION OF AN INMATE TO PARTICIPATE IN THE SHOCK INCARCERATION PROGRAM, SO AS TO DELETE THE AUTHORITY OF AN INMATE TO MAKE APPLICATION FOR THE PROGRAM AND INSTEAD PROVIDE THAT UPON ORDER BY THE COURT, THE COMMITTEE MAY CONSIDER AN INMATE FOR PARTICIPATION IN THE PROGRAM, AND TO DELETE THE AUTHORITY TO GRANT AN INMATE WHO HAS COMPLETED THE PROGRAM PAROLE RELEASE AND PROVIDE THAT HE MUST BE RELEASED TO COMMUNITY SUPERVISION FOR A PERIOD OF FIVE YEARS, NOTWITHSTANDING THE PROVISIONS OF SECTION 24-21-560 WITH THE REQUIREMENT TO PAY RESTITUTION, IF APPLICABLE; TO AMEND SECTION 24-13-1520, AS AMENDED, RELATING TO THE DEFINITIONS USED IN THE HOME DETENTION ACT, SO AS TO MAKE REFERENCE CHANGES, AND INCLUDE WITHIN THE DEFINITION OF "PARTICIPANT" ANOTHER SUITABLE PROGRAM THAT AN INMATE/OFFENDER MAY BE PLACED INTO FOR MONITORING IN THE COMMUNITY; TO AMEND SECTION 24-13-1530, AS AMENDED, RELATING TO CORRECTIONAL PROGRAMS FOR WHICH HOME DETENTION MAY BE SUBSTITUTED, SO AS TO AUTHORIZE LOCAL GOVERNMENTS TO ESTABLISH BY ORDINANCE THE SAME ALTERNATIVE TO INCARCERATIONS FOR PERSONS WHO ARE AWAITING TRIAL AND FOR OFFENDERS WHOSE SENTENCES DO NOT PLACE THEM IN CUSTODY OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-13-1560, AS AMENDED, SO AS TO MAKE IT OPTIONAL INSTEAD OF MANDATORY FOR A PARTICIPANT TO USE AN APPROVED ELECTRONIC MONITORING DEVICE; TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO THE APPLICABILITY TO CONTROLLED SUBSTANCE OFFENDERS TO THE PROVISIONS OF THE HOME DETENTION ACT, SO AS TO MAKE REFERENCE CHANGES AND PROVIDE THAT THE ACT DOES NOT APPLY TO A PERSON WAITING TRIAL ON CHARGES OF VIOLATING THE ELICIT NARCOTIC DRUG AND CONTROL SUBSTANCES LAWS CLASSIFIED AS CLASS A, B, OR C FELONIES PURSUANT TO SECTION 16-1-90; TO AMEND SECTION 24-19-160, RELATING TO THE COURT'S AUTHORITY TO SUSPEND THE IMPOSITION OR EXECUTION OF A SENTENCE AND THE JURISDICTION OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO MAKE REFERENCE CHANGES AND TO DELETE THE PROVISION WHICH PROVIDES THAT FOR PAROLE PURPOSES, A SENTENCE IS CONSIDERED A SENTENCE FOR SIX YEARS; TO AMEND SECTION 24-21-10, AS AMENDED, RELATING TO THE STRUCTURE OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES AND BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO MAKE REFERENCE CHANGES; TO AMEND SECTION 24-21-13, AS AMENDED, RELATING TO THE RESPONSIBILITIES OF THE DIRECTOR OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO MAKE REFERENCE CHANGES AND PROVIDE THAT THE DIRECTOR SHALL DEVELOP WRITTEN POLICY AND PROCEDURES FOR THE SUPERVISION AND REMOVAL OF OFFENDERS ON COMMUNITY SUPERVISION AND OTHER OFFENDERS RELEASED FROM INCARCERATION BEFORE THE EXPIRATION OF THEIR SENTENCE AND PROVIDE THAT THE DIRECTOR SHALL DEVELOP ADDITIONAL WORK-RELEASE PROGRAMS; TO AMEND SECTION 24-21-30, RELATING TO THE MEETINGS OF THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO PROVIDE FOR THE HOLDING OF MEETINGS TO CARRY OUT ITS RESPONSIBILITIES FOR OFFENDERS OF CRIMES COMMITTED BEFORE JANUARY 1, 1995, TO ADD PROVISIONS WHICH REQUIRE THE BOARD TO GRANT PAROLES BY CERTAIN VOTES OF THE FULL BOARD OR A THREE-MEMBER PANEL; TO AMEND SECTION 24-21-50, RELATING TO THE AUTHORITY OF THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES TO GRANT HEARINGS AND PERMIT ARGUMENTS AND APPEARANCES BY COUNSEL OR ANY INDIVIDUAL BEFORE IT, SO AS TO DELETE THE AUTHORITY OF THE BOARD TO GRANT OTHER FORMS OF CLEMENCY PROVIDED FOR UNDER LAW; TO AMEND SECTION 24-21-60, AS AMENDED, RELATING TO THE COOPERATION BETWEEN MUNICIPAL, COUNTY, OR STATE OFFICIALS TO ASSIST AND COOPERATE WITH THE FURTHERANCE OF OBJECTIVES OF THE PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO DELETE THE AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES TO CONDUCT SURVEYS AND OBTAIN INFORMATION TO ENABLE THE BOARD TO PASS INTELLIGENTLY UPON APPLICATIONS FOR PAROLE; TO AMEND SECTION 24-21-80, AS AMENDED, RELATING TO THE REQUIREMENTS THAT PROBATIONERS AND PAROLEES ARE REQUIRED TO PAY A SUPERVISION FEE, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-220, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-230, AS AMENDED, RELATING TO THE EMPLOYMENT OF PROBATION AGENTS AND CLERICAL ASSISTANCE, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-300, RELATING TO THE CITATION AND AFFIDAVIT OF A PERSON WHO IS RELEASED PURSUANT TO PRISON OVERCROWDING, SO AS TO CORRECT REFERENCES, DELETE THE PROVISION THAT THE CITATION MUST SET FORTH THE PROBATIONER'S, PAROLEE'S, OR RELEASED OR FURLOUGHED PERSON'S RIGHTS; TO AMEND SECTION 24-21-910, RELATING TO THE DUTY OF THE PROBATION, PAROLE, AND PARDON SERVICES BOARD WITH RESPECT TO REPRIEVES OR COMMUTATION OF DEATH SENTENCES, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-950, RELATING TO GUIDELINES FOR DETERMINING ELIGIBILITY FOR PARDON, SO AS TO REVISE THE GUIDELINES; TO AMEND SECTION 24-23-20, RELATING TO THE CASE CLASSIFICATION PLAN WHICH MUST PROVIDE FOR THE CASE CLASSIFICATION SYSTEM, SO AS TO DELETE THE REFERENCE TO PAROLEE; TO AMEND SECTION 24-23-30, RELATING TO COMMUNITY CORRECTIONS PLAN WHICH MUST INCLUDE A DESCRIPTION OF COMMUNITY-BASED PROGRAM NEEDS, SO AS TO REPLACE PAROLEE WITH SUPERVISED PRISONERS AND TO CORRECT REFERENCES; TO AMEND SECTION 24-23-40, RELATING TO THE DEVELOPMENT OF STATEWIDE POLICIES WITH STATE AGENCIES REGARDING THE COMMUNITY CORRECTIONS PLAN, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-23-115, AS AMENDED, RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION PROMULGATE REGULATIONS, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-23-130, AS AMENDED, RELATING TO DETERMINATION OF SUPERVISION UPON RECOMMENDATION OF AN AGENT IN CHARGE, SO AS TO REVISE THE CONDITIONS OF PROBATION AND INCLUDE COMMUNITY SUPERVISION; TO AMEND SECTION 24-23-210, AS AMENDED, RELATING TO THE FUNDING OF THE COMMUNITY CORRECTIONS PROGRAM, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-23-220, AS AMENDED, RELATING TO THE PAYMENT OF ASSESSMENTS TO THE CLERK OF COURT AS A CONDITION OF SUPERVISION UNDER RELEASE FROM PRISON, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 25-7-30, RELATING TO GIVING INFORMATION RESPECTING NATIONAL OR STATE DEFENSE TO FOREIGN CONTACTS, SO AS TO CHANGE THE PENALTY FOR VIOLATION; TO AMEND SECTION 25-7-40, RELATING TO GATHERING INFORMATION FOR AN ENEMY, SO AS TO CHANGE THE PENALTY FOR VIOLATION; TO AMEND ACT 181 OF 1993, RELATING TO RESTRUCTURING, SO AS TO DELETE THE REPEAL OF SECTIONS CONCERNING THE SENTENCING AND GUIDELINES COMMISSION; TO REPEAL ARTICLE 7, CHAPTER 21 OF TITLE 24, RELATING TO PAROLE AND RELEASE FOR GOOD CONDUCT, CHAPTER 26 OF TITLE 24, RELATING TO THE SOUTH CAROLINA SENTENCING AND GUIDELINES COMMISSION, SECTION 24-1-200, RELATING TO INQUIRY INTO SENTENCES UNDER WHICH CONVICTS ARE CONFINED, SECTION 24-3-35, RELATING TO THE USE OF COUNTY PRISONERS FOR LITTER REMOVAL WORK, SECTION 24-3-40, RELATING TO THE DISPOSITION OF WAGES OF A PRISONER ALLOWED TO WORK AT PAID EMPLOYMENT, SECTION 24-3-50, RELATING TO THE PENALTY FOR FAILURE OF A PRISONER TO REMAIN WITHIN EXTENDED LIMITS OF HIS CONFINEMENT, SECTIONS 24-7-10, 24-7-20, 24-7-30, 24-7-40, 24-7-50, 24-7-90, AND 24-7-100, ALL RELATING TO COUNTY CHAINGANGS, SECTION 24-13-60, RELATING TO THE SCREENING OF OFFENDERS FOR POSSIBLE PLACEMENT ON WORK RELEASE, SECTION 24-13-270, RELATING TO THE PREMATURE RELEASE OF PRISONERS, AND SECTIONS 24-13-710 AND 24-13-720 RELATING TO THE IMPLEMENTATION OF A SUPERVISED FURLOUGH PROGRAM AND THOSE INMATES ELIGIBLE TO BE PLACED WITH THE PROGRAM; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO SUBMIT TO THE GENERAL ASSEMBLY, NO LATER THAN THE FIRST DAY OF THE 1995 LEGISLATIVE SESSION, A REPORT CONTAINING CERTAIN INFORMATION REGARDING PRISON INDUSTRIES AND AGRICULTURAL AND LITTER CONTROL PROGRAMS; AND TO DIRECT THE CODE COMMISSIONER, SUBJECT TO THE AVAILABILITY OF FUNDS, TO CHANGE CERTAIN REFERENCES IN THE 1976 CODE.
Rep. HODGES moved to adjourn debate upon the following Bill, which was adopted.
H. 5058 -- Judiciary Committee: A BILL TO ENACT THE SCHOOL SAFETY AND JUVENILE JUSTICE REFORM ACT OF 1994 INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DIRECTING THE DEPARTMENT OF JUVENILE JUSTICE TO DEVELOP A LONG-TERM PLAN FOR THE PROVISION OF SERVICES TO JUVENILE OFFENDERS; TO ADD SECTION 20-7-753 SO AS TO AUTHORIZE THE FAMILY COURT TO DESIGNATE A LEAD STATE AGENCY TO CONDUCT A FAMILY ASSESSMENT AND RECOMMEND A SERVICE PLAN FOR FAMILIES WHEN A CHILD IS BROUGHT BEFORE THE FAMILY COURT IN A JUVENILE DELINQUENCY PROCEEDING; TO REQUIRE THE COURT TO REVIEW THE ASSESSMENT AND ADOPT A PLAN THAT WILL SERVE THE BEST INTERESTS OF THE CHILD; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO ORDER PARENTS OF A CHILD BROUGHT BEFORE THE COURT ON A DELINQUENCY MATTER TO COOPERATE WITH AND PARTICIPATE IN A PLAN ADOPTED BY THE COURT TO SERVE THE BEST INTERESTS OF THE CHILD; TO AMEND SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL SERVICES FOR JUVENILES, SO AS TO REQUIRE THE DEPARTMENT OF JUVENILE JUSTICE TO PROVIDE EDUCATIONAL SERVICES TO PREADJUDICATORY JUVENILES IN ITS CUSTODY; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO WEAPONS ON SCHOOL PROPERTY, SO AS TO INCREASE THE FINE FROM ONE THOUSAND DOLLARS TO THREE THOUSAND DOLLARS FOR A VIOLATION; TO AMEND SECTION 20-7-390, RELATING TO THE DEFINITION OF "CHILD", SO AS TO REVISE THIS DEFINITION WITH REGARD TO CERTAIN CRIMES; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JURISDICTION OF JUVENILES FROM ONE COURT TO ANOTHER SO AS TO REVISE THE REQUIREMENTS FOR TRANSFERRING JURISDICTION; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO DETENTION AND CUSTODY OF A CHILD FOUND VIOLATING THE LAW, SO AS TO PROVIDE THAT A CHILD IN POSSESSION OF A DEADLY WEAPON MAY BE DETAINED IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE FOR RELEASE FROM DETENTION; TO AMEND SECTION 20-7-1330, AS AMENDED, RELATING TO DISPOSITION OF A CHILD BEFORE THE COURT ON A DELINQUENCY MATTER, SO AS TO AUTHORIZE THE COURT TO ORDER A DETERMINATE SENTENCE FOR A JUVENILE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 24-19-10, RELATING TO DEFINITIONS PERTAINING TO THE CORRECTION AND TREATMENT OF YOUTHFUL OFFENDER; TO AMEND SECTION 59-63-32, RELATING TO REQUIREMENTS FOR ENROLLING A CHILD IN PUBLIC SCHOOL, SO AS TO PROVIDE FOR THE TRANSFER OF RECORDS IF A CHILD HAS PREVIOUSLY ATTENDED ANOTHER SCHOOL; TO AMEND SECTION 59-63-210, RELATING TO GROUNDS FOR EXPULSION AND SUSPENSION OF PUPILS, SO AS TO REQUIRE EXPULSION FROM SCHOOL IF THE PUPIL IS CONVICTED OF COMMITTING CERTAIN CRIMES; TO AMEND TITLE 59, RELATING TO EDUCATION, SO AS TO ADD CHAPTER 66 "SCHOOL SAFETY" WHICH REQUIRES SCHOOLS TO RETAIN DISCIPLINARY RECORDS AND PROVIDES FOR THE USE OF THESE RECORDS; ESTABLISHES FUNDS FOR SCHOOL SAFETY COORDINATORS AND PROCEDURES FOR APPLYING FOR AND DISTRIBUTING THESE FUNDS; REQUIRES ONE HANDHELD METAL DETECTOR IN EACH MIDDLE, JUNIOR HIGH, AND HIGH SCHOOL; REQUIRES PROMULGATION OF REGULATIONS ESTABLISHING MINIMUM REQUIREMENTS FOR PLANNING AND CONSTRUCTING SCHOOL FACILITIES; REQUIRES ESTABLISHMENT OF A CURRICULUM FOR TEACHING PEACEFUL CONFLICT RESOLUTION AND NONVIOLENT LIVING; REQUIRES DEVELOPMENT AND PILOT TESTING OF ALTERNATIVE EDUCATIONAL PROGRAMS FOR STUDENTS WHO ARE A THREAT TO SCHOOL SAFETY; REQUIRES EACH SCHOOL TO DEVELOP AND HAVE APPROVED A COMPREHENSIVE SCHOOL SAFETY PLAN; ESTABLISHES A SCHOOLHOUSE SAFETY RESOURCE CENTER WITHIN THE DEPARTMENT OF EDUCATION; ESTABLISHES A JOINT PILOT PROJECT FOR SCHOOL BASED COUNSELING BY THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF EDUCATION; TO ADD SECTION 59-17-130 SO AS TO DIRECT SCHOOL DISTRICTS TO ENCOURAGE PARENTS TO BECOME INVOLVED IN THEIR CHILDREN'S EDUCATION INCLUDING OFFERING SERVICES AND REFERRALS TO FAMILIES AND CHILDREN IN NEED OF ASSISTANCE; TO ADD SECTION 59-26-90 SO AS TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE REGULATIONS PROVIDING THAT THE PRIMARY RESPONSIBILITY OF GUIDANCE COUNSELORS IS TO COUNSEL STUDENTS AND WORK WITH PARENTS AND TEACHERS; TO AMEND SECTION 20-7-20, RELATING TO THE STATE CHILDREN'S POLICY, SO AS TO PROVIDE THAT PROVIDING AN EDUCATION IS OF PARAMOUNT INTEREST AND THAT OFFICIALS SHALL DO EVERYTHING WITHIN THEIR AUTHORITY TO CARRY OUT SCHOOL ATTENDANCE LAWS AND PREVENT NONATTENDANCE; TO ADD SECTION 20-7-1352 SO AS TO REQUIRE SCHOOL ATTENDANCE AND APPROPRIATE BEHAVIOR AS AN INTEGRAL PART OF ALL PROBATION ORDERS; TO ADD SECTION 20-7-1353 SO AS TO REQUIRE PROBATION AND PAROLE COUNSELORS TO ASSIST IN REENROLLMENT OF CHILDREN RELEASED FROM CONFINEMENT AND TO REPORT ANY SCHOOL'S REFUSAL TO ENROLL A CHILD; TO ADD SECTION 59-65-55 SO AS TO PROVIDE THAT IF A STUDENT TRANSFERS TO ANOTHER SCHOOL DISTRICT, THE RECORDS AND PLANS FOR THAT STUDENT REGARDING TRUANCY BEHAVIOR ALSO MUST BE FORWARDED TO THE RECEIVING SCHOOL DISTRICT; TO AMEND SECTION 59-65-20, RELATING TO THE PENALTY FOR FAILURE TO ENROLL OR CAUSE A CHILD TO ATTEND SCHOOL, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES FOR REPORTING AND PROSECUTING VIOLATIONS OF THIS SECTION; TO AMEND SECTION 59-65-50, RELATING TO THE NONATTENDANCE AT SCHOOL REPORTED TO THE COURTS AND THE SOLICITOR HAVING JURISDICTION OF JUVENILES, SO AS TO REVISE THE MANNER IN WHICH, CONDITIONS UNDER WHICH, AND PROCEDURES UNDER WHICH THESE REPORTS ARE MADE; TO AMEND SECTION 59-65-60, RELATING TO COURT PROCEDURES UPON RECEIPT OF REPORTS OF NONATTENDANCE AT SCHOOL, SO AS TO REVISE THESE PROCEDURES AND THE ACTION NEEDED TO BE TAKEN IN REGARD TO THE CHILD; AND TO PROVIDE THAT CERTAIN PROVISIONS DO NOT EFFECT THE EXCEPTIONS TO COMPULSORY SCHOOL ATTENDANCE LAWS AND HOME-SCHOOLING PROGRAMS; TO ADD SECTION 20-7-1351 SO AS TO AUTHORIZE THE FAMILY COURT TO ORDER PARENTS OF CHILDREN IN NEED OF SERVICES TO PREVENT VIOLENT BEHAVIOR TO APPEAR, TO ORDER FAMILY ASSESSMENT AND TREATMENT, AND TO HOLD A PARENT IN CONTEMPT FOR FAILURE TO COMPLY WITH A COURT ORDER; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO DETENTION, CUSTODY, AND RECORDS OF A CHILD FOUND VIOLATING THE LAW, SO AS TO REVISE WHAT RECORDS ARE OPEN TO THE PUBLIC, AND TO REQUIRE A LAW ENFORCEMENT OFFICER TAKING A CHILD INTO CUSTODY TO NOTIFY THE PRINCIPAL OF THE SCHOOL OF THE NATURE OF THE OFFENSE; TO AMEND SECTION 20-7-770, AS AMENDED, RELATING TO RELEASE OF A JUVENILE'S RECORD, SO AS TO INCLUDE ADDITIONAL OFFENSE FOR WHICH RECORDS MAY BE RELEASED AND TO DIRECT THE DEPARTMENT OF JUVENILE JUSTICE TO MAINTAIN JUVENILE RECORDS FOR A CERTAIN PERIOD OF TIME; TO AMEND SECTION 20-7-780, RELATING TO RECORDS, FINGERPRINTING, AND PHOTOGRAPHS OF JUVENILES, SO AS TO FURTHER PROVIDE UNDER WHAT CIRCUMSTANCES RECORDS ARE OPEN TO THE PUBLIC, THE IDENTITY OR PICTURE OF A CHILD MAY BE PUBLISHED BY THE MEDIA, FINGERPRINTS MAY BE TAKEN, AND RECORDS MAY BE TRANSFERRED TO OTHER LAW ENFORCEMENT AGENCIES; TO AMEND SECTION 20-7-1335, RELATING TO DESTRUCTION OF JUVENILE RECORDS, SO AS TO INCLUDE ADDITIONAL CIRCUMSTANCES UNDER WHICH A JUVENILE'S ADJUDICATION MAY NOT BE EXPUNGED; TO AMEND SECTION 20-7-3300, AS AMENDED, RELATING TO JUVENILE'S RECORDS, SO AS TO PROVIDE CERTAIN CIRCUMSTANCES UNDER WHICH A JUVENILE'S RECORD IS PROVIDED TO A SCHOOL; AND TO PROVIDE THAT REFERENCES TO VIOLENT CRIMES ARE AS DEFINED ON THIS ACT'S EFFECTIVE DATE OR AS THE DEFINITION MAY BE AMENDED.
The following Bill was taken up.
H. 3491 -- Reps. Neilson, Quinn, Govan, Cobb-Hunter, G. Brown, Sturkie, Hutson, Holt, Harwell, Richardson, McLeod, Hines, Breeland, Canty, Shissias, Davenport, Fair, Trotter, Harrell, Chamblee, McMahand, Allison, Vaughn, Wright, Inabinett, Gonzales, Harrison, Corning, Lanford, Walker, Meacham, D. Wilder and Stone: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICES AND EMPLOYEES BY ADDING CHAPTER 10 SO AS TO AUTHORIZE CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9108JM.94).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 8 of the 1976 Code is amended by adding:
Section 8-10-10. This chapter may be cited as the South Carolina Prospective Employee Drug Testing Act.
Section 8-10-20. As used in this chapter:
(1) 'Drugs' means any substance described in Schedules I through V, as contained in Chapter 44 of Title 53;
(2) 'Employer' means the State of South Carolina and any of its agencies and departments;
(3) 'Prospective employee' means a person who has made application to an employer, whether written or oral, to become an employee;
(4) 'Sample' means urine, blood, breath, saliva, or hair.
Section 8-10-30. An employer may test prospective employees for the presence of drugs, in accordance with the provisions of this chapter, when the prospective employee is offered a particular position before the final hiring selection is made. Written notice that a prospective employee may be subject to testing for the presence of drugs must be given to the prospective employee at the time of application.
Section 8-10-40. An employer may require samples from his prospective employees and may require presentation of reliable identification to the person collecting the samples. Collection of the sample must be in conformance with the requirements of this chapter and enough sample must be taken for the initial test of the employer and a confirmation test if desired by the prospective employee. The employer may designate the type of sample to be used for this testing.
Section 8-10-50. An employer shall pay all costs of the initial testing for drugs required by the employer, and the prospective employee, if he desires confirmation testing or retesting in the manner provided by this chapter, shall pay the costs of retesting.
Section 8-10-60. All sample collection and testing for drugs under this chapter must be performed in accordance with the following conditions:
(1) The collection of samples must be performed under reasonable, dignified, and sanitary conditions.
(2) Sample collections must be documented, and documentation procedures include:
(a) labeling of samples to preclude the probability of erroneous identification of test results;
(b) an opportunity for the prospective employee to provide notification of any information which may be considered as relevant to the test, including identification of currently or recently used prescriptions or nonprescription drugs, or other relevant medical information.
(3) Sample collection, storage, and transportation to the place of testing must be performed so as to preclude the probability of sample contamination or adulteration.
(4) Sample testing must comply with scientifically accepted analytical methods and procedures. Initial testing and confirmation testing must be conducted at a laboratory approved or certified by the Department of Health and Environmental Control or any federal agency for this purpose. Testing must include verification or confirmation of positive test results by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical method before the result of a test may be used as a basis for an action by an employer.
Section 8-10-70. (A) The Budget and Control Board shall establish guidelines and model policies for the testing required by this chapter for use by state agencies and departments.
(B) Testing or retesting for the presence of drugs by an employer must be carried out within the terms of a written policy which is consistent with policies and guidelines established by the Budget and Control Board and which is available for review by prospective employees.
(C) Within the terms of the written policy, an employer may require the collection and testing of samples for the purpose of determining a prospective employee's ability to perform specified duties in the workplace efficiently and with safety for other employees and the general public.
(D) The employer's use and disposition of all drug
test results are subject to the limitations of this chapter.
Section 8-10-80. Upon receipt of a verified or confirmed positive drug test result which indicates a violation of the employer's written policy, or upon the refusal of a prospective employee to provide a sample, an employer may use that test or refusal as the basis for refusal to hire the prospective employee.
Section 8-10-90. If the initial drug test of the prospective employee is positive, the prospective employee is entitled to require the employer to submit the remaining portion of the sample taken to an approved laboratory for a confirmation test. If the results of the confirmation test are also positive, the overall testing may be considered positive by the employer. If the results of the confirmation test are negative, then the results of that test are considered invalid, and another test from a different sample must be conducted if the prospective employee desires. The employer in this event may give no consideration to the results of the first test when determining whether or not to hire the prospective employee.
Section 8-10-100. No cause of action arises in favor of a person against an employer who has established a policy and initiated a testing program in accordance with this chapter for any of the following:
(1) failure to test for drugs or failure to test for a specific drug or other substance;
(2) failure to test for, or, if tested for, failure to detect, any specific drug or other substance, disease, infectious agent, virus, or other physical abnormality, problem, or defect of any kind; or
(3) termination or suspension of any drug or testing program or policy.
Section 8-10-110. (A) No cause of action arises in favor of a person against an employer who has established a program of drug testing in accordance with this chapter, unless the employer's action was based on a false test result.
(B) In a claim, including a claim under this chapter, where it is alleged that an employer's action was based on a false test result:
(1) it is permissible to infer that the test result was valid if the employer complied with the provisions of this chapter; and
(2) the employer is not liable for monetary damages if his reliance on a false test result was reasonable and in good faith.
Section 8-10-120. No cause of action for defamation of character, libel, slander, or damage to reputation arises in favor of a person against an employer who has established a program of drug testing in accordance with this chapter, unless:
(1) the results of that test were disclosed to a person other than the employer, an authorized employee or agent of the employer, or the tested prospective employee;
(2) the information disclosed was a false test result;
(3) the false test result was disclosed with malice; and
(4) all elements of an action for defamation of character, libel, slander, or damage to reputation, as established by statute or common law, are satisfied.
Section 8-10-130. No cause of action arises in favor of a person based upon the failure of an employer to establish a program or policy of drug testing.
Section 8-10-140. All information, interviews, reports, statements, memoranda, or test results received by the employer through his drug testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceeding, except in a proceeding related to an action taken by an employer under this chapter.
Section 8-10-150. Nothing in this chapter prohibits an agency or department of this State which has a drug testing program in existence on the effective date of this chapter from continuing such a program; provided, that the program is at a minimum equal to the provisions or requirements of this chapter and the guidelines and policies established by the Budget and Control Board pursuant to this chapter."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. NEILSON explained the amendment and moved to adjourn debate upon the Bill, which was adopted.
Rep. RICHARDSON moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
H. 4864 -- Rep. Richardson: A BILL TO AMEND SECTION 59-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OR DIVISION OF SCHOOL DISTRICTS, SO AS TO PROVIDE THAT IF CERTAIN PETITION REQUIREMENTS ARE SATISFIED, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO ALTER OR DIVIDE THE SCHOOL DISTRICTS CONCERNED IN THE MANNER STIPULATED IN THE PETITION, AND TO PROVIDE THAT IF CERTAIN OTHER PETITION REQUIREMENTS ARE SATISFIED, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO CALL THE REFERENDUMS CONCERNING THE ALTERATION OR DIVISION OF THE AFFECTED SCHOOL DISTRICTS, AND IF THE RESULTS OF THE REFERENDUMS ARE FAVORABLE IN EACH OF THE SCHOOL DISTRICTS, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO ALTER OR DIVIDE THE SCHOOL DISTRICTS IN THE MANNER STIPULATED.
The Bill was read the second time and ordered to third reading.
Rep. FARR moved to reconsider the vote whereby S. 986 was given a third reading and the motion was noted.
The following Bill was taken up.
H. 4857 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-11-95 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO OBTAIN APPROVAL FROM THE DEPARTMENT OF CONSUMER AFFAIRS TO DISTRIBUTE A DIVIDEND OR SIMILAR DISTRIBUTION; BY ADDING SECTION 37-11-105 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO SUBMIT A FINANCIAL PLAN TO THE DEPARTMENT FOR APPROVAL IF THE DEPARTMENT HAS REASON TO BELIEVE THE OPERATOR IS OR MAY BECOME INSOLVENT; BY AMENDING SECTION 37-11-30, RELATING TO LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO REVISE INFORMATION THAT MUST ACCOMPANY LICENSE APPLICATIONS; BY AMENDING SECTION 37-11-40, RELATING TO THE DETERMINATION OF FINANCIAL RESPONSIBILITY OF AN APPLICANT FOR LICENSURE, SO AS TO REVISE CONDITIONS UNDER WHICH A BOND OR OTHER GUARANTEE IS REQUIRED; AND BY AMENDING SECTION 37-11-50, RELATING TO ELIGIBILITY FOR LICENSURE, SO AS TO PROVIDE THAT ONLY THOSE CONTINUING CARE RETIREMENT COMMUNITIES WHICH REQUIRE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE MUST OBTAIN A LICENSE RATHER THAN ALL CONTINUING CARE RETIREMENT COMMUNITIES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15985AC.94), which was adopted.
Amend the bill, as and if amended, Section 37-11-30(B)(9) as contained in Section 3 of the bill, by deleting on page 3, line 8 /recording the statement/ and inserting /recording the statement filing the application/.
Amend further by deleting Section 5 of the bill.
Amend further by inserting an appropriately numbered section to read:
/SECTION . The 1976 Code is amended by adding:
"Section 37-11-135. A continuing care retirement community which does not require payment of an entrance fee is exempt from the requirements of Sections 37-11-30(B)(9), 37-11-40, and 37-11-50(2)."/
Renumber sections to conform.
Amend title to conform.
Rep. T.C. ALEXANDER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. ROGERS moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to by a division vote of 27 to 22.
H. 5057 -- Judiciary Committee: A BILL TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO ENACT THE COMMUNITY CORRECTIONS INCENTIVE ACT TO ENABLE COURTS TO SENTENCE NONVIOLENT OFFENDERS TO LESS COSTLY COMMUNITY CORRECTIONAL FACILITIES FOR HOUSING BOTH STATE AND LOCAL INMATES IN ALTERNATIVE SENTENCING PROGRAMS; BY ADDING SECTIONS 14-1-240 THROUGH 14-1-420 SO AS TO PROVIDE A PROCEDURE FOR ALL ORDERS ISSUED BY A COURT FOR THE PAYMENT OF FINES, SURCHARGES, ASSESSMENTS, COSTS, OR FEES OWED TO THE STATE ENTERED OR MODIFIED AFTER JUNE 20, 1995, TO CONTAIN THE OBLIGOR'S SOCIAL SECURITY NUMBER AND PROVISION FOR INCOME WITHHOLDING PROCEDURES TO TAKE EFFECT IF A DELINQUENCY OCCURS; BY ADDING SECTION 17-27-45 SO AS TO PROVIDE THAT AN APPLICATION FOR RELIEF FILED PURSUANT TO THE UNIFORM POST CONVICTION PROCEDURE ACT MUST BE FILED WITHIN ONE YEAR AFTER THE ENTRY OF A JUDGMENT OF CONVICTION, OR WITHIN ONE YEAR AFTER THE SENDING OF THE REMITTITUR TO THE LOWER COURT FROM AN APPEAL, OR THE FILING OF THE FINAL DECISION UPON AN APPEAL, WHICHEVER IS LATER, AND TO PROVIDE A DIFFERENT TIME UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 22-5-580 SO TO ESTABLISH A STATEWIDE PRETRIAL CLASSIFICATION PROGRAM FOR THE IMPROVEMENT OF MAGISTRATES' COLLECTIONS AND CONSIDERATION OF INFORMATION CONCERNING THE RELEASE OF PERSONS PLACED IN JAIL PENDING DISPOSITION OF CRIMINAL CHARGES; BY ADDING SECTION 24-3-25 SO AS TO AUTHORIZE THE GOVERNING BODIES OF COUNTIES OR MUNICIPALITIES TO ESTABLISH LOCAL REGIONAL CORRECTIONAL FACILITIES FOR THE CONFINEMENT OF PERSONS AWAITING TRIAL OR SENTENCED ON CRIMINAL CHARGES, CONVICTED AND SENTENCED ON CRIMINAL CHARGES, OR NOT OTHERWISE ELIGIBLE FOR CONFINEMENT IN STATE OR OTHER FACILITIES; BY ADDING SECTION 24-3-430 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH A PROGRAM INVOLVING THE USE OF INMATE LABOR IN PRIVATE INDUSTRY; BY ADDING SECTION 24-13-80 SO AS TO AUTHORIZE A COUNTY OR MUNICIPAL ADMINISTRATOR OR THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH CRITERIA FOR A REASONABLE DEDUCTION FOR MONEY CREDITED TO THE ACCOUNT OF AN INMATE TO REPAY CERTAIN COSTS; BY ADDING SECTIONS 24-13-100 AND 24-13-150 SO AS TO PROHIBIT A PRISONER CONVICTED OF AN OFFENSE AGAINST THE STATE AND SENTENCED TO THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, INCLUDING A PRISONER SERVING TIME IN A LOCAL FACILITY PURSUANT TO A DESIGNATED FACILITY AGREEMENT FROM BEING ELIGIBLE FOR WORK RELEASE, EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION UNTIL CERTAIN MINIMUM TERMS OF IMPRISONMENT HAVE BEEN SERVED; BY ADDING SECTION 24-13-175 SO AS TO PROVIDE THAT SENTENCES IMPOSED AND TIME SERVED MUST BE COMPUTED BASED UPON A THREE HUNDRED SIXTY-FIVE DAY YEAR; BY ADDING ARTICLE 17, CHAPTER 13, TITLE 24 SO AS TO ENACT THE SOUTH CAROLINA INCARCERATION REIMBURSEMENT ACT; BY ADDING ARTICLE 19, CHAPTER 13, TITLE 24 SO AS TO ESTABLISH THE CENTER FOR ALCOHOL AND DRUG REHABILITATION; BY ADDING SECTION 24-21-560 SO AS TO REQUIRE ALL PRISONERS WHO COMMIT A CRIME AFTER DECEMBER 31, 1994, TO SATISFACTORILY COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION AND TO SPECIFY THE REQUIREMENTS OF THE PROGRAM; BY ADDING CHAPTER 27, TITLE 24 SO AS TO CREATE THE SOUTH CAROLINA SENTENCING AND CORRECTIONS POLICY COMMISSION, TO PROVIDE FOR ITS COMPOSITION, DUTIES, AND RESPONSIBILITIES, AND REQUIRE THE COMMISSION TO MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY FOR A CLASSIFICATION SYSTEM BASED ON MAXIMUM TERM OF IMPRISONMENT FOR ALL SOUTH CAROLINA CRIMINAL OFFENSES; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO ADD TO THE LIST OF EXEMPTIONS THE PURCHASE OF GOODS, PRODUCTS, AND SERVICES BY STATE OFFICES AND OTHER DEPARTMENTS, INSTITUTIONS, AGENCIES, AND BOARDS OR POLITICAL SUBDIVISIONS OF THIS STATE FROM THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, DIVISION OF PRISON INDUSTRIES; TO AMEND SECTIONS 16-3-20, 16-3-30, AND 16-3-40, RELATING TO THE OFFENSE OF MURDER, KILLING BY POISONING, OR KILLING BY STABBING OR THRUSTING, SO AS TO PROVIDE THAT A PERSON CONVICTED OF THESE CRIMES MAY BE IMPRISONED FOR A TERM OF YEARS UP TO LIFE, DEFINE "LIFE" TO MEAN UNTIL DEATH, TO DELETE THE PROVISION WHICH REQUIRES A PERSON SENTENCED TO LIFE NOT TO BE ELIGIBLE FOR PAROLE UNTIL THE SERVICE OF THIRTY YEARS, TO DELETE IN THE CRIMES OF KILLING BY POISONING AND KILLING BY STABBING OR THRUSTING THE PENALTY OF DEATH FOR A WILFUL MURDER; TO AMEND SECTION 16-3-85, AS AMENDED, RELATING TO THE CRIME OF HOMICIDE BY CHILD ABUSE, SO AS TO AUTHORIZE AS A PENALTY A TERM OF YEARS UP TO LIFE AND DELETE THE MINIMUM TWENTY YEAR PENALTY, AND PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 16-3-210, RELATING TO THE CRIME OF LYNCHING IN THE FIRST DEGREE, SO AS TO DELETE THE PENALTY OF DEATH FOR VIOLATION AND PROVIDE THAT A PERSON MUST BE IN PRISON FOR A TERM OF YEARS UP TO LIFE, AND TO PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 16-3-430, RELATING TO THE CRIME OF KILLING IN A DUAL, SO AS TO DELETE THE PENALTY OF DEATH AND PROVIDE THAT A PERSON MUST BE IMPRISONED FOR A TERM OF LIFE UP TO LIFE, AND DEFINE "LIFE" AS MEANING UNTIL DEATH; TO AMEND SECTION 16-3-625, RELATING TO THE CRIME OF RESISTING A LAW ENFORCEMENT OFFICER WITH THE USE OF THREAT OR A DEADLY WEAPON, SO AS TO DELETE THE MINIMUM IMPRISONMENT OF TWO YEARS AND THE MINIMUM SERVICE IN ORDER TO BE ELIGIBLE FOR PAROLE; TO AMEND SECTION 16-3-652, RELATING TO THE CRIME OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE, SO AS TO DELETE THE PENALTY OF IMPRISONMENT FOR NOT MORE THAN THIRTY YEARS, PROVIDE FOR A TERM OF YEARS UP TO LIFE TO BE IMPOSED, AND PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 16-3-1260, AS AMENDED, RELATING TO REIMBURSEMENT OF THE STATE BY CONVICTED PERSONS TO THE VICTIMS' COMPENSATION FUND, SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS MAY MAKE PAYMENT OF THE DEBT TO THE STATE AS A CONDITION OF PAROLE, AND TO MAKE CERTAIN CORRECTIONS TO REFERENCES; TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE VICTIM'S AND WITNESSES BILL OF RIGHTS SO AS TO MAKE CERTAIN INFORMATION NOT PRIVILEGED BETWEEN THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF PROBATION, COMMUNITY SUPERVISION, TO MAKE CERTAIN REFERENCE CORRECTIONS, AND DELETE A REFERENCE THAT RESTITUTION IS A CONDITION OF PAROLE; TO AMEND SECTION 16-3-1550, AS AMENDED, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO MAKE CERTAIN REFERENCE CHANGES; TO AMEND SECTION 16-11-311, RELATING TO THE CRIME OF BURGLARY IN THE FIRST DEGREE, SO AS TO CHANGE THE PUNISHMENT BY DELETING THE AUTHORITY OF A DEFENDANT TO BE SENTENCED TO A TERM OF NOT LESS THAN FIFTEEN YEARS AND PROVIDE THAT THE PERSON CONVICTED IS NOT ELIGIBLE FOR PAROLE EXCEPT UPON THE SERVICE OF NOT LESS THAN ONE-THIRD OF THE TERM OF THE SENTENCE, PROVIDE THAT THE PERSON MAY BE SENTENCED FOR A TERM OF YEARS UP TO LIFE, AND PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 16-11-330, RELATING TO THE CRIME OF ROBBERY AND ATTEMPTED ROBBERY WHILE ARMED WITH A DEADLY WEAPON, SO AS TO PROVIDE THAT A PERSON CONVICTED OF THIS CRIME IS GUILTY OF A FELONY AND, UPON CONVICTION, MUST BE IMPRISONED FOR A MANDATORY MINIMUM TERM OF TEN YEARS, DELETE THE REQUIREMENT THAT A PERSON CONVICTED UNDER THIS SECTION IS NOT ELIGIBLE FOR PAROLE UNTIL HE HAS SERVED AT LEAST SEVEN YEARS OF HIS SENTENCE, AND DELETE THE PROVISION THAT A PERSON IS NOT ELIGIBLE FOR PAROLE OR PROBATION UNTIL HE HAS SERVED A THREE-YEAR MINIMUM SENTENCE, PROVIDE THAT A PERSON CONVICTED FOR ATTEMPTED ROBBERY ARMED WITH CERTAIN WEAPONS IS GUILTY OF A FELONY; TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO THE CARDBOARD PLACARD WHICH MUST BE PRINTED AND DISTRIBUTED TO EACH BUSINESS, SO AS TO MAKE THE LANGUAGE OF THE PLACARD CONSISTENT WITH THE PROVISIONS OF SECTION 16-11-330; TO AMEND SECTION 16-11-540, RELATING TO DAMAGING OR DESTROYING A BUILDING, VEHICLE, OR OTHER PROPERTY BY MEANS OF EXPLOSIVE OR INCENDIARY SO AS TO CHANGE THE PENALTIES WHEN DEATH RESULTS AND PROVIDE THAT A PERSON MUST BE IMPRISONED FOR A TERM OF YEARS UP TO LIFE, AND PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 17-25-45, RELATING TO A PERSON WHO HAS THREE CONVICTIONS FOR A VIOLENT CRIME SO AS TO REDUCE FROM THREE TO TWO THE NUMBER OF CONVICTIONS REQUIRED, AND PROVIDE THAT THIS PROVISION IS IRRESPECTIVE OF WHETHER THE PRISONER IS CONSIDERED A VIOLENT OFFENDER, DELETE THE PROVISION THAT SUBJECTS THE PERSON TO LIFE WITHOUT PAROLE, AND PROVIDE THAT "LIFE IMPRISONMENT" MEANS UNTIL DEATH, AND PROVIDE THAT NOTICE MUST BE GIVEN BY THE SOLICITOR BEFORE TRIAL OF THE DECISION TO INVOKE SENTENCE UNDER A PROVISION OF THIS SECTION; TO AMEND SECTION 17-25-70, RELATING TO THE AUTHORITY OF LOCAL OFFICIALS TO REQUIRE ABLE-BODIED CONVICTED PERSONS TO PERFORM LABOR ON PUBLIC WORKS OR WAYS, SO AS TO CHANGE SOME TERMINOLOGY, PROVIDE THAT THIS LABOR MAY INVOLVE PUBLIC SERVICE WORK OR RELATED ACTIVITIES WHICH CONFORM WITH REVISIONS OF SECTION 24-13-660, PROVIDE WHAT PUBLIC SERVICE WORK MAY INCLUDE, AND AUTHORIZE A LOCAL GOVERNING BODY TO ENTER INTO A CONTRACTUAL AGREEMENT WITH ANOTHER GOVERNMENTAL ENTITY FOR USE OF INMATE LABOR IN THE PERFORMANCE OF WORK FOR PUBLIC PURPOSE; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO A CONVICTED PERSON BEING IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, SO AS TO CORRECT CERTAIN REFERENCES, PROVIDING THAT NOTHING IN THIS SECTION PREVENTS A COURT FROM ORDERING A SENTENCE TO RUN CONCURRENTLY WITH A SENTENCE BEING SERVED IN ANOTHER STATE OR AN ACTIVE FEDERAL SENTENCE, PROVIDE THAT THE DEPARTMENT SHALL NOTIFY THE SOLICITOR OR OTHER JUDICIAL OFFICERS AND VICTIMS BEFORE RELEASING INMATES ON WORK RELEASE, PROVIDE THAT THE DEPARTMENT HAS THE AUTHORITY TO DENY RELEASE BASED UPON THE OPINIONS RECEIVED, PROVIDE THAT THE DIRECTOR MAY EXTEND THE LIMITS OF THE PLACE OF CONFINEMENT UPON CERTAIN MINIMUMS BEING SERVED; TO AMEND SECTION 24-3-30, AS AMENDED, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT, SO AS TO ADD A PROVISION WHICH AUTHORIZES A COUNTY OR MUNICIPALITY THROUGH MUTUAL AGREEMENT OR CONTRACT TO ARRANGE WITH ANOTHER COUNTY OR MUNICIPALITY OR LOCAL REGIONAL CORRECTIONAL FACILITY FOR THE DETENTION OF ITS PRISONERS; TO AMEND SECTION 24-3-40, AS AMENDED, RELATING TO DISPOSITION OF WAGES OF A PRISONER ALLOWED TO WORK AT PAID EMPLOYMENT, SO AS TO ADD TO THE AUTHORIZED EMPLOYMENT A PRISON INDUSTRY PROGRAM PROVIDED UNDER ARTICLE 3 OF CHAPTER 24; TO AMEND SECTION 24-3-210, AS AMENDED, RELATING TO FURLOUGHS FOR QUALIFIED INMATES OF THE STATE PRISON SYSTEM, SO AS TO DELETE CERTAIN REASONS FOR GRANTING A FURLOUGH; TO AMEND SECTION 24-3-330, AS AMENDED, RELATING TO THE PURCHASE OF PRODUCTS PRODUCED BY CONVICT LABOR BY THE STATE OR POLITICAL SUBDIVISIONS, SO AS TO REQUIRE THE MATERIALS MANAGEMENT OFFICE OF THE DIVISION OF GENERAL SERVICES TO MONITOR THE COOPERATION OF STATE OFFICES, DEPARTMENT, INSTITUTIONS, AND AGENCIES IN THE PROCUREMENT OF GOODS, PRODUCTS, AND SERVICES FROM THE DIVISION OF PRISON INDUSTRIES OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-3-360, AS AMENDED, RELATING TO THE ANNUAL PREPARATION OF CATALOGUES DESCRIBING ARTICLES PRODUCED BY CONVICT LABOR, SO AS TO PROHIBIT A STATE OFFICE, DEPARTMENT, INSTITUTION, OR AGENCY OR THE POLITICAL SUBDIVISION OF THIS STATE FROM CONTACTING AND REQUESTING THE DEPARTMENT OF CORRECTIONS TO MANUFACTURE OR PRODUCE ARTICLES OR PRODUCTS SIMILAR, BUT NOT IDENTICAL TO, ARTICLES OR PRODUCTS LISTED IN THE CATALOGUE; TO AMEND SECTION 24-3-410, AS AMENDED, RELATING TO THE SALE OF PRISON-MADE PRODUCTS ON THE OPEN MARKET, SO AS TO DELETE A REFERENCE TO PROVISIONS OF THIS SECTION NOT APPLYING TO ARTICLES MANUFACTURED OR PRODUCED BY PERSONS ON PAROLE; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO A DEDUCTION FROM THE TERM OF THE SENTENCE FOR GOOD BEHAVIOR, SO AS TO PROVIDE THAT NO PRISONER IS ENTITLED TO A REDUCTION BELOW THE MINIMUMS PROVIDED IN SECTION 24-13-150; TO AMEND SECTION 24-13-230, RELATING TO THE REDUCTION OF A SENTENCE FOR A PRODUCTIVE DUTY ASSIGNMENT OR PARTICIPATION IN ACADEMIC, TECHNICAL, OR VOCATIONAL TRAINING PROGRAM, SO AS TO ADD A PROVISION WHICH PROVIDES THAT NO CREDITS EARNED UNDER THIS SECTION MAY BE APPLIED IN A MANNER WHICH WOULD PREVENT FULL PARTICIPATION IN THE DEPARTMENT'S COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO DEFINITIONS USED IN THE SHOCK INCARCERATION PROGRAM, SO AS TO CHANGE THE DEFINITION OF ELIGIBLE INMATE; TO AMEND SECTION 24-13-1320, AS AMENDED, RELATING TO THE AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT TO PROMULGATE REGULATIONS FOR THE SHOCK INCARCERATION PROGRAM, AND PROVIDE FOR A COMMITTEE, SO AS TO CORRECT CERTAIN REFERENCES; TO AMEND SECTION 24-13-1330, RELATING TO THE APPLICATION OF AN INMATE TO PARTICIPATE IN THE SHOCK INCARCERATION PROGRAM, SO AS TO DELETE THE AUTHORITY OF AN INMATE TO MAKE APPLICATION FOR THE PROGRAM AND INSTEAD PROVIDE THAT UPON ORDER BY THE COURT, THE COMMITTEE MAY CONSIDER AN INMATE FOR PARTICIPATION IN THE PROGRAM, AND TO DELETE THE AUTHORITY TO GRANT AN INMATE WHO HAS COMPLETED THE PROGRAM PAROLE RELEASE AND PROVIDE THAT HE MUST BE RELEASED TO COMMUNITY SUPERVISION FOR A PERIOD OF FIVE YEARS, NOTWITHSTANDING THE PROVISIONS OF SECTION 24-21-560 WITH THE REQUIREMENT TO PAY RESTITUTION, IF APPLICABLE; TO AMEND SECTION 24-13-1520, AS AMENDED, RELATING TO THE DEFINITIONS USED IN THE HOME DETENTION ACT, SO AS TO MAKE REFERENCE CHANGES, AND INCLUDE WITHIN THE DEFINITION OF "PARTICIPANT" ANOTHER SUITABLE PROGRAM THAT AN INMATE/OFFENDER MAY BE PLACED INTO FOR MONITORING IN THE COMMUNITY; TO AMEND SECTION 24-13-1530, AS AMENDED, RELATING TO CORRECTIONAL PROGRAMS FOR WHICH HOME DETENTION MAY BE SUBSTITUTED, SO AS TO AUTHORIZE LOCAL GOVERNMENTS TO ESTABLISH BY ORDINANCE THE SAME ALTERNATIVE TO INCARCERATIONS FOR PERSONS WHO ARE AWAITING TRIAL AND FOR OFFENDERS WHOSE SENTENCES DO NOT PLACE THEM IN CUSTODY OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-13-1560, AS AMENDED, SO AS TO MAKE IT OPTIONAL INSTEAD OF MANDATORY FOR A PARTICIPANT TO USE AN APPROVED ELECTRONIC MONITORING DEVICE; TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO THE APPLICABILITY TO CONTROLLED SUBSTANCE OFFENDERS TO THE PROVISIONS OF THE HOME DETENTION ACT, SO AS TO MAKE REFERENCE CHANGES AND PROVIDE THAT THE ACT DOES NOT APPLY TO A PERSON WAITING TRIAL ON CHARGES OF VIOLATING THE ELICIT NARCOTIC DRUG AND CONTROL SUBSTANCES LAWS CLASSIFIED AS CLASS A, B, OR C FELONIES PURSUANT TO SECTION 16-1-90; TO AMEND SECTION 24-19-160, RELATING TO THE COURT'S AUTHORITY TO SUSPEND THE IMPOSITION OR EXECUTION OF A SENTENCE AND THE JURISDICTION OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO MAKE REFERENCE CHANGES AND TO DELETE THE PROVISION WHICH PROVIDES THAT FOR PAROLE PURPOSES, A SENTENCE IS CONSIDERED A SENTENCE FOR SIX YEARS; TO AMEND SECTION 24-21-10, AS AMENDED, RELATING TO THE STRUCTURE OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES AND BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO MAKE REFERENCE CHANGES; TO AMEND SECTION 24-21-13, AS AMENDED, RELATING TO THE RESPONSIBILITIES OF THE DIRECTOR OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO MAKE REFERENCE CHANGES AND PROVIDE THAT THE DIRECTOR SHALL DEVELOP WRITTEN POLICY AND PROCEDURES FOR THE SUPERVISION AND REMOVAL OF OFFENDERS ON COMMUNITY SUPERVISION AND OTHER OFFENDERS RELEASED FROM INCARCERATION BEFORE THE EXPIRATION OF THEIR SENTENCE AND PROVIDE THAT THE DIRECTOR SHALL DEVELOP ADDITIONAL WORK-RELEASE PROGRAMS; TO AMEND SECTION 24-21-30, RELATING TO THE MEETINGS OF THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO PROVIDE FOR THE HOLDING OF MEETINGS TO CARRY OUT ITS RESPONSIBILITIES FOR OFFENDERS OF CRIMES COMMITTED BEFORE JANUARY 1, 1995, TO ADD PROVISIONS WHICH REQUIRE THE BOARD TO GRANT PAROLES BY CERTAIN VOTES OF THE FULL BOARD OR A THREE-MEMBER PANEL; TO AMEND SECTION 24-21-50, RELATING TO THE AUTHORITY OF THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES TO GRANT HEARINGS AND PERMIT ARGUMENTS AND APPEARANCES BY COUNSEL OR ANY INDIVIDUAL BEFORE IT, SO AS TO DELETE THE AUTHORITY OF THE BOARD TO GRANT OTHER FORMS OF CLEMENCY PROVIDED FOR UNDER LAW; TO AMEND SECTION 24-21-60, AS AMENDED, RELATING TO THE COOPERATION BETWEEN MUNICIPAL, COUNTY, OR STATE OFFICIALS TO ASSIST AND COOPERATE WITH THE FURTHERANCE OF OBJECTIVES OF THE PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO DELETE THE AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES TO CONDUCT SURVEYS AND OBTAIN INFORMATION TO ENABLE THE BOARD TO PASS INTELLIGENTLY UPON APPLICATIONS FOR PAROLE; TO AMEND SECTION 24-21-80, AS AMENDED, RELATING TO THE REQUIREMENTS THAT PROBATIONERS AND PAROLEES ARE REQUIRED TO PAY A SUPERVISION FEE, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-220, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-230, AS AMENDED, RELATING TO THE EMPLOYMENT OF PROBATION AGENTS AND CLERICAL ASSISTANCE, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-300, RELATING TO THE CITATION AND AFFIDAVIT OF A PERSON WHO IS RELEASED PURSUANT TO PRISON OVERCROWDING, SO AS TO CORRECT REFERENCES, DELETE THE PROVISION THAT THE CITATION MUST SET FORTH THE PROBATIONER'S, PAROLEE'S, OR RELEASED OR FURLOUGHED PERSON'S RIGHTS; TO AMEND SECTION 24-21-910, RELATING TO THE DUTY OF THE PROBATION, PAROLE, AND PARDON SERVICES BOARD WITH RESPECT TO REPRIEVES OR COMMUTATION OF DEATH SENTENCES, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-950, RELATING TO GUIDELINES FOR DETERMINING ELIGIBILITY FOR PARDON, SO AS TO REVISE THE GUIDELINES; TO AMEND SECTION 24-23-20, RELATING TO THE CASE CLASSIFICATION PLAN WHICH MUST PROVIDE FOR THE CASE CLASSIFICATION SYSTEM, SO AS TO DELETE THE REFERENCE TO PAROLEE; TO AMEND SECTION 24-23-30, RELATING TO COMMUNITY CORRECTIONS PLAN WHICH MUST INCLUDE A DESCRIPTION OF COMMUNITY-BASED PROGRAM NEEDS, SO AS TO REPLACE PAROLEE WITH SUPERVISED PRISONERS AND TO CORRECT REFERENCES; TO AMEND SECTION 24-23-40, RELATING TO THE DEVELOPMENT OF STATEWIDE POLICIES WITH STATE AGENCIES REGARDING THE COMMUNITY CORRECTIONS PLAN, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-23-115, AS AMENDED, RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION PROMULGATE REGULATIONS, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-23-130, AS AMENDED, RELATING TO DETERMINATION OF SUPERVISION UPON RECOMMENDATION OF AN AGENT IN CHARGE, SO AS TO REVISE THE CONDITIONS OF PROBATION AND INCLUDE COMMUNITY SUPERVISION; TO AMEND SECTION 24-23-210, AS AMENDED, RELATING TO THE FUNDING OF THE COMMUNITY CORRECTIONS PROGRAM, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-23-220, AS AMENDED, RELATING TO THE PAYMENT OF ASSESSMENTS TO THE CLERK OF COURT AS A CONDITION OF SUPERVISION UNDER RELEASE FROM PRISON, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 25-7-30, RELATING TO GIVING INFORMATION RESPECTING NATIONAL OR STATE DEFENSE TO FOREIGN CONTACTS, SO AS TO CHANGE THE PENALTY FOR VIOLATION; TO AMEND SECTION 25-7-40, RELATING TO GATHERING INFORMATION FOR AN ENEMY, SO AS TO CHANGE THE PENALTY FOR VIOLATION; TO AMEND ACT 181 OF 1993, RELATING TO RESTRUCTURING, SO AS TO DELETE THE REPEAL OF SECTIONS CONCERNING THE SENTENCING AND GUIDELINES COMMISSION; TO REPEAL ARTICLE 7, CHAPTER 21 OF TITLE 24, RELATING TO PAROLE AND RELEASE FOR GOOD CONDUCT, CHAPTER 26 OF TITLE 24, RELATING TO THE SOUTH CAROLINA SENTENCING AND GUIDELINES COMMISSION, SECTION 24-1-200, RELATING TO INQUIRY INTO SENTENCES UNDER WHICH CONVICTS ARE CONFINED, SECTION 24-3-35, RELATING TO THE USE OF COUNTY PRISONERS FOR LITTER REMOVAL WORK, SECTION 24-3-40, RELATING TO THE DISPOSITION OF WAGES OF A PRISONER ALLOWED TO WORK AT PAID EMPLOYMENT, SECTION 24-3-50, RELATING TO THE PENALTY FOR FAILURE OF A PRISONER TO REMAIN WITHIN EXTENDED LIMITS OF HIS CONFINEMENT, SECTIONS 24-7-10, 24-7-20, 24-7-30, 24-7-40, 24-7-50, 24-7-90, AND 24-7-100, ALL RELATING TO COUNTY CHAINGANGS, SECTION 24-13-60, RELATING TO THE SCREENING OF OFFENDERS FOR POSSIBLE PLACEMENT ON WORK RELEASE, SECTION 24-13-270, RELATING TO THE PREMATURE RELEASE OF PRISONERS, AND SECTIONS 24-13-710 AND 24-13-720 RELATING TO THE IMPLEMENTATION OF A SUPERVISED FURLOUGH PROGRAM AND THOSE INMATES ELIGIBLE TO BE PLACED WITH THE PROGRAM; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO SUBMIT TO THE GENERAL ASSEMBLY, NO LATER THAN THE FIRST DAY OF THE 1995 LEGISLATIVE SESSION, A REPORT CONTAINING CERTAIN INFORMATION REGARDING PRISON INDUSTRIES AND AGRICULTURAL AND LITTER CONTROL PROGRAMS; AND TO DIRECT THE CODE COMMISSIONER, SUBJECT TO THE AVAILABILITY OF FUNDS, TO CHANGE CERTAIN REFERENCES IN THE 1976 CODE.
Rep. BOAN raised the Point of Order that the Bill was out of order as it appropriated money and should have been referred to the Ways and Means Committee in compliance with Rule 4.4.
Rep. HODGES argued contra the Point, citing Rule 4.4, in stating that this applied when there was some type of funding provided. He further stated that there was a previous Bill that dealt with DUI and a fee was imposed and went directly to an agency for a specific purpose and Bills of that nature would violate Rule 4.4. He further stated that in this case it did not provide any funding mechanisms and did not directly appropriate money. He further stated that it did have a fiscal impact but Rule 4.4 was designed to deal with bills in which there was some type of fund raising mechanism provided in the Bill and it specified where the money would go. He further stated that Rule 4.4 did not apply to this Bill in this case.
Rep. BOAN stated that is should go to Ways and Means because it did have a fiscal impact.
Rep. CROMER stated that it should not gall under Rule 4.4 and was dealt with appropriately in Judiciary.
The SPEAKER stated that the Point was being raised that it should have gone to Ways and means and that if the Judiciary Committee reported out a Bill that appropriated $2.00 to the Clerk of Court, then it still appropriated money. He further stated that he had interpreted that Rule on a Point of Order by Rep. BAXLEY earlier this year.
Rep. WILKINS stated that the Bill did not directly appropriate money.
Rep. HODGES stated that the bottom line test was the question of direct appropriations and his concern was that anytime the House had changed the Criminal Code, that it changed the cost to the Department of Corrections and others and involved fiscal impact.
The SPEAKER stated that the fiscal impact did not send it to the Ways and Means Committee.
Rep. HODGES stated that the Bill had a fiscal impact but did not have direct appropriation.
The SPEAKER then questioned about the fiscal impact.
Rep. JENNINGS stated that this Bill did not directly appropriate money and that there was precedence from February 15, 1990 dealing with a hazardous waste bill and a similar point was raised and the SPEAKER cited Rule 4.4 and stated that any Bill directly appropriating money would have to be referred to the Ways and Means Committee but in that instance the Bill indirectly affected the amount of money generated by a fee but did not directly appropriate money.
Rep. HASKINS stated that the burden of proof was where the Bill directly appropriated money.
Rep. MATTOS stated that a fiscal impact statement must be attached.
The SPEAKER stated that he had been provided with a fiscal impact statement.
Rep. BOAN stated that Rule 4.4 was there for the protection of the membership and that this particular legislation had a significant impact on the State budget process and therefore, the argument would be of what was directly appropriated or indirectly appropriated.
The SPEAKER stated that Rule 4.4 was designed to require any Bill which appropriates money or has a substantial effect on revenue to go to the Ways and Means Committee so it can be fit into the overall budget process. He further stated that he had ruled earlier this year on a Bill that if it cut revenue or increased revenue, then the Budget Committee should look at it under Rule 4.4. He further stated, citing page 20, Section 14-1-370 of the Bill, that it appropriated money to the Clerks of Court.
Rep. HODGES stated that it took funds that are owed to the State and required that they be used for the expenses to provide adequate staff and equipment.
Rep. WILKINS stated that it did not appropriate new dollars but only directed where certain dollars would go that are already allocated.
The SPEAKER stated that Rule 4.4 did not say appropriate new dollars it just said dollars.
Rep. JENNINGS stated that Section 14-1-370 did not appropriate dollars at all and that it directed the appropriation of dollars through the Clerk of Court.
The SPEAKER stated that the section clearly appropriated the money to the Clerks of the Family Court to be used for staff and equipment to implement and operate Section 14-1-240 through Section 14-1-350.
Rep. JENNINGS stated that the money was already appropriated and the section just directed where it went.
Rep. CLYBORNE stated that the intent of Rule 4.4 was to prevent the House from appropriating money without knowing it and this did not do that.
Rep. HODGES stated that it did not say money currently appropriated but money owed to the State that may already be going to the County.
The SPEAKER stated the money was going to the State.
Rep. WILKINS stated that Section 370 referred back to Section 360.
The SPEAKER stated that it referred to Sections 240-350 which were all new code sections.
Rep. WILKINS stated that the rule said directly appropriate and this was a reallocation and not a new appropriation.
The SPEAKER sustained the Point of Order and ordered the Bill referred to the Ways and Means Committee.
Rep. CATO moved that the House recur to the morning hour, which was agreed to by a division vote of 47 to 28.
The following was introduced:
H. 5165 -- Reps. Rudnick, Simrill, Inabinett, G. Bailey, Hines, J. Wilder, Byrd, Kirsh, Wells, Riser, Richardson, Stone, Robinson and Vaughn: A CONCURRENT RESOLUTION TO RECOGNIZE THE 1993-94 CAROLINA CONCERTS AT THE UNIVERSITY OF SOUTH CAROLINA COLISEUM AND TO NOTE THE OUTSTANDING PERFORMANCE APRIL 19, 1994, BY PETER NERO ACCOMPANIED BY THE UNIVERSITY OF SOUTH CAROLINA SYMPHONY ORCHESTRA DIRECTED BY DR. DONALD PORTNOY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5166 -- Rep. Scott: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. BETTY J. LARK OF RICHLAND COUNTY UPON HER RETIREMENT AS AN EDUCATOR WITH RICHLAND COUNTY SCHOOL DISTRICT ONE JUNE 9, 1994, AND TO WISH HER GOOD HEALTH AND HAPPINESS IN HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5167 -- Rep. Rogers: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT SERVICE IN THE COMMISSIONED CORPS OF THE UNITED STATES PUBLIC HEALTH SERVICE MAY BE ESTABLISHED IN THE SAME MANNER THAT MILITARY SERVICE IS ESTABLISHED.
Referred to Committee on Ways and Means.
H. 5168 -- Rep. Meacham: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT THE NEED OR DESIRE FOR A POST-HIGH SCHOOL EDUCATION DOES NOT CONSTITUTE AN EXCEPTIONAL CIRCUMSTANCE SO AS TO WARRANT EXTENDING CHILD SUPPORT BEYOND A CHILD'S EIGHTEENTH BIRTHDAY.
Referred to Committee on Judiciary.
The following was received.
Columbia, S.C., April 27, 1994
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:45 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. MARCHBANKS the invitation was accepted.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 1026 -- Senator McGill: A BILL TO AMEND SECTIONS 52-7-15 AND 52-7-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS AND MEETINGS OF THE STATE ATHLETIC COMMISSION, SO AS TO ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER AND REPLACE IT WITH AN ADMINISTRATOR APPOINTED BY THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION; TO AMEND SECTION 52-7-30, AS AMENDED, RELATING TO DUTIES OF THE STATE ATHLETIC COMMISSION, SO AS TO ALLOW A DESIGNEE OF THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION TO APPOINT OFFICIALS; TO AMEND SECTION 52-7-65, RELATING TO DISCIPLINARY ACTIONS BY THE CHIEF COMMISSIONER, SO AS TO CONFORM THE PROVISION TO THE PROVISIONS OF THIS ACT AND EXTEND THE AUTHORITY TO COMMISSION REPRESENTATIVES IN CHARGE OF AN EVENT; TO AMEND SECTION 52-7-75, RELATING TO APPROVAL OR DENIAL OF PERMITS, SO AS TO CHANGE REFERENCES TO CHIEF COMMISSIONER TO ADMINISTRATOR AND ADD A REFERENCE TO A NEW DISCIPLINARY PROVISION; AND TO AMEND SECTION 52-7-310, RELATING TO COUNTY ATHLETIC COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS OF A COUNTY ATHLETIC COMMISSION SHALL RECEIVE NO COMPENSATION FROM THE STATE AND MAY RECEIVE OTHER COMPENSATION AUTHORIZED BY THE COUNTY AND AS AUTHORIZED BY THE STATE ATHLETIC COMMISSION IF PAID BY A PROMOTER WHILE THE COUNTY COMMISSIONER HAS BEEN APPOINTED A STATE COMMISSION REPRESENTATIVE FOR AN EVENT.
Rep. T.C. ALEXANDER explained the Bill.
H. 5078 -- Reps. Cato, Mattos, Clyborne, Vaughn, Baker, Wilkins, Anderson, McMahand, Haskins, Fair and Jaskwhich: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS AS TO WHETHER OR NOT THE SCHOOL DISTRICT OF GREENVILLE COUNTY SHOULD BE SUBDIVIDED INTO NOT LESS THAN THREE NOR MORE THAN FIVE SEPARATE SCHOOL DISTRICTS IF A MAJORITY OF THE ELECTORS OF THE DISTRICT AT A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1994 GENERAL ELECTION VOTE IN FAVOR OF ESTABLISHING THE TASK FORCE.
The following Bill was taken up.
H. 4634 -- Reps. Cromer, Tucker, Baxley, Gonzales, Stoddard, Inabinett, Kennedy, Wells, Allison, Hallman, Townsend, Hodges, H. Brown, Corning, Lanford, Law, Govan, Stone, G. Brown, G. Bailey, Meacham, D. Wilder, Witherspoon, McKay, Simrill, McCraw, Walker, Robinson, Riser, Kelley, Vaughn, Shissias, Stuart, R. Smith, Stille, Littlejohn, Chamblee, Houck, Harrison, Farr, Gamble, Fulmer, Haskins, Davenport, Williams, Cato, Neilson, J. Wilder, Marchbanks, Spearman, Harvin, Richardson and Thomas: A BILL TO AMEND SECTION 17-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL AUTHORITIES ALLOWING ABLE-BODIED CONVICTS TO PERFORM LABOR ON PUBLIC WORKS OR WAYS, SO AS TO EXEMPT CERTAIN CONVICTS; TO AMEND SECTION 24-3-35, RELATING TO USE OF COUNTY PRISONERS FOR LITTER REMOVAL, SO AS TO REQUIRE THE USE OF PRISONERS INSTEAD OF THE PERMISSIVE USE OF PRISONERS; TO AMEND SECTIONS 24-7-10, 24-7-20, 24-7-30, 24-7-40, AND 24-7-50, RELATING TO COUNTY AND MUNICIPAL CHAIN GANGS, SO AS TO MANDATE THE USE OF ABLE-BODIED PRISONERS LOCATED IN COUNTY AND MUNICIPAL CORRECTIONAL FACILITIES ON WORK GANGS ON PUBLIC WORKS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9097SD.94).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 17-25-70 of the 1976 Code is amended to read:
"Section 17-25-70. Notwithstanding any other provision of law, a local governing body may authorize the sheriff or other official in charge of this a local correctional facility to require any able-bodied convicted person committed to such the facility to perform labor on in the public works or ways interest. This labor may involve public service work or related activities which conform to the provisions of Section 24-13-660. The public service work may include, but is not limited to, maintenance or repair of drainage systems, highways, streets, bridges, grounds, and buildings, litter control, and emergency relief efforts. Any A convicted person physically capable of performing such the labor who refuses to obey a direct order to perform such labor do so shall is not be entitled to good behavior credits pursuant to Section 24-13-210 or productive duty credits pursuant to Section 24-13-230 herein; provided, however, that any. An inmate participating in a local work punishment or other public service sentence program shall must not be arbitrarily removed arbitrarily from such the program and required to perform work on the public works or ways. A local governing body may enter into a contractual agreement with any other governmental entity for use of inmate labor in the performance of a public purpose."
SECTION 2. Sections 24-3-35, 24-7-10, 24-7-20, 24-7-30, 24-7-40, 24-7-50, 24-7-90, and 24-7-100 of the 1976 Code are repealed.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LANFORD explained the amendment and moved to adjourn debate upon the Bill until Thursday, April 28, which was adopted.
The SPEAKER granted Rep. STURKIE a leave of absence.
Rep. WALDROP moved to adjourn debate upon the following Joint Resolution, which was adopted.
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.
Rep. WOFFORD moved to adjourn debate upon the following Joint Resolution, which was adopted.
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.
Rep. WALDROP moved to adjourn debate upon the following Joint Resolution, which was adopted.
H. 5076 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO EXAMINATION AND RE-EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1750, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Further proceedings were interrupted by the Ratification of Acts.
At 11:45 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R391) S. 1119 -- Senators Drummond, Washington, Leventis, Peeler and J. Verne Smith: AN ACT TO AMEND SECTION 40-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR REGISTRATION AS AN OPTOMETRIST, SO AS PROSPECTIVELY TO REQUIRE THERAPEUTIC CERTIFICATION; TO AMEND SECTION 40-37-103, RELATING TO DIAGNOSTIC AND THERAPEUTIC EXAMINATIONS, SO AS TO PROVIDE THAT THEY MUST BE APPROVED RATHER THAN ADMINISTERED BY THE BOARD; TO AMEND SECTION 40-37-210, RELATING TO PROCEDURES FOR TAKING AND HEARING COMPLAINTS, SO AS TO PROVIDE THAT HEARING NOTICES MAY BE SENT BY CERTIFIED MAIL; TO AMEND SECTION 40-37-290, RELATING TO OFFICE LOCATION AND POSTING OF REGISTRATIONS, SO AS TO PROHIBIT THE BOARD FROM RESTRICTING OFFICE LOCATION AND TO AUTHORIZE THE BOARD TO PROMULGATE REGULATIONS RELATIVE TO CERTAIN ASPECTS OF OFFICE FACILITIES, RECORDKEEPING, AND FACILITY SANITATION.
(R392) S. 1071 -- Senator Bryan: AN ACT TO AMEND SECTION 40-43-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE PHARMACY ACT INCLUDING THE DEFINITION OF "PRACTITIONER" AS ONE LICENSED TO PRESCRIBE DRUGS, SO AS TO INCLUDE PHYSICIANS' ASSISTANTS AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS, AND TO AUTHORIZE PHYSICIANS TO DISPENSE NONCONTROLLED DRUGS AT FREE CLINICS IF NO PHARMACIST IS AVAILABLE AND IF THE DRUGS ARE PROPERLY LABELED.
(R393) S. 1115 -- Senators Drummond, Washington, Patterson, Leventis, Peeler and J. Verne Smith: AN ACT TO AMEND SECTION 40-36-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR OCCUPATIONAL THERAPY, SO AS TO REVISE BY WHOM AN EDUCATIONAL PROGRAM MUST BE ACCREDITED; TO AMEND SECTION 40-36-180, RELATING TO FEES, SO AS TO INCLUDE VERIFICATION FEES AND ROSTERS AND MAILING LIST FEES AMONG THOSE FEES THAT THE BOARD MAY PRESCRIBE IN REGULATION; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF OCCUPATIONAL THERAPY FOR SIX YEARS.
(R394) S. 1116 -- Senators Drummond, Washington, Patterson, Leventis, Peeler and J. Verne Smith: A JOINT RESOLUTION TO REAUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS FOR SIX YEARS.
(R395) S. 687 -- Senator Bryan: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING ENABLING LEGISLATION; TO UPDATE EXISTING LEGISLATIVE ACTS; TO REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE COUNTY PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5 RELATING TO ZONING AND PLANNING BY MUNICIPALITIES; TO REPEAL SECTIONS 6-7-310 THROUGH 6-7-1110 RELATING TO PLANNING BY LOCAL GOVERNMENTS; AND TO REPEAL ACT 129 OF 1963 RELATING TO THE GREENVILLE COUNTY PLANNING COMMISSION.
(R396) S. 1000 -- Senators Rankin and Greg Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-35-45 SO AS TO PERMIT THE USE OF PYROTECHNIC MATERIALS INSIDE ANY ENCLOSED ENTERTAINMENT OR ASSEMBLY AREA BEFORE PROXIMATE AUDIENCES WHEN THE INDOOR PYROTECHNICS ARE USED IN ACCORDANCE WITH A SPECIFIED STANDARD OF THE NATIONAL FIRE PROTECTION ASSOCIATION, TO DESIGNATE THE STATE FIRE MARSHAL DIVISION AS THE AGENCY RESPONSIBLE FOR ADMINISTERING AND ENFORCING THESE PROVISIONS AND TO AUTHORIZE THE STATE FIRE MARSHAL DIVISION TO ESTABLISH AND CHARGE CERTAIN FEES IN REGARD THERETO.
(R397) S. 1096 -- Senators Land, Moore, Waldrep and Giese: AN ACT TO AMEND SECTION 20-7-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF CERTAIN VIOLATIONS BY JUVENILES, SO AS TO REQUIRE THE FAMILY COURTS TO REPORT ALSO VIOLATIONS THAT AFFECT THE JUVENILE'S PRIVILEGE TO DRIVE; TO AMEND SECTION 56-1-745, AS AMENDED, RELATING TO SUSPENSION OF DRIVER'S LICENSES FOR CONTROLLED SUBSTANCE VIOLATIONS, SO AS TO MAKE TECHNICAL CORRECTIONS AND TO DEFINE CONTROLLED SUBSTANCE VIOLATIONS; TO AMEND SECTION 56-1-747, RELATING TO WHAT CONSTITUTES A CONVICTION FOR SUSPENSION PURPOSES, SO AS TO INCLUDE JUVENILE PROCEEDINGS.
(R398) S. 1307 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTION 41-3-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGES IN NOMENCLATURE FOR "COMMISSIONER OF LABOR" AND OTHER TERMS UNDER THE GOVERNMENTAL RESTRUCTURING ACT OF 1993, SO AS TO PROVIDE THAT ANY CONTESTED MATTER HEARD BY THE FORMER COMMISSIONER OF LABOR MAY BE APPEALED TO AN ADMINISTRATIVE LAW JUDGE RATHER THAN TO THE OSHA REVIEW BOARD.
(R399) S. 1094 -- Senators Bryan and Giese: AN ACT TO AMEND SECTION 44-7-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR LICENSURE FOR CERTAIN HEALTH FACILITIES AND SERVICES, SO AS TO EXEMPT COMMUNITY-BASED HOUSING SPONSORED, LICENSED, OR CERTIFIED BY THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS AND TO REQUIRE THE DEPARTMENT TO PROVIDE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THE NAMES AND LOCATIONS OF THESE FACILITIES.
(R400) S. 772 -- Senator Russell: AN ACT TO AMEND SECTION 31-3-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF COMMISSIONERS TO A MUNICIPAL HOUSING AUTHORITY, SO AS TO CHANGE WHO MAKES THE APPOINTMENT, AND APPOINTMENT OF TWO ADDITIONAL COMMISSIONERS WHEN THE AUTHORITY EXERCISES EXTRATERRITORIAL JURISDICTION; TO AMEND SECTION 31-3-370, AS AMENDED, RELATING TO THE REMOVAL OF A COMMISSIONER, SO AS TO CHANGE THE AUTHORITY RESPONSIBLE FOR REMOVING A COMMISSIONER; TO AMEND SECTION 31-3-380, RELATING TO THE ORGANIZATION OF THE AUTHORITY, SO AS TO PROVIDE THAT FOUR MEMBERS CONSTITUTE A QUORUM WHEN EXERCISING JURISDICTION IN THE EXTRATERRITORIAL AREA; AND SECTION 31-13-450, RELATING TO USE OF MONIES IN THE HOUSING TRUST FUND, SO AS TO DELETE A PROVISION WHICH ESTABLISHES ELIGIBILITY REQUIREMENTS FOR A PROJECT OR DEVELOPMENT AND ADDS A PROVISION WHICH ALLOWS APPROPRIATE PENALTIES OR FEES FOR THE REMOVAL OF THE LIEN IN ITS LOAN OR CONTRACTUAL DOCUMENTS IF MONIES ARE NOT USED TO PROVIDE HOUSING FOR MEMBERS OF VERY LOW OR LOWER INCOME HOUSEHOLDS FOR A PERIOD OF AT LEAST TWENTY YEARS.
(R401) S. 1175 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTION 1-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO REFER TO THE HEAD OF THE DEPARTMENT OF COMMERCE AS THE "SECRETARY OF COMMERCE" INSTEAD OF "DIRECTOR OF THE DEPARTMENT OF COMMERCE", AND PROVIDE THAT THE SECRETARY OF COMMERCE MAY APPOINT A DEPARTMENTAL EXECUTIVE DIRECTOR AND CERTAIN DIRECTORS TO MANAGE THE DIVISIONS OF THE DEPARTMENT; TO AMEND SECTION 13-1-30, RELATING TO DIRECTOR OF THE DEPARTMENT OF COMMERCE, HIS DUTIES AND RESPONSIBILITIES, AND DEPUTY DIRECTORS, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL BE HEADED BY A SECRETARY, TO BE KNOWN AS THE SECRETARY OF COMMERCE, RATHER THAN A DIRECTOR, AUTHORIZE THE SECRETARY TO APPOINT AN EXECUTIVE DIRECTOR TO SERVE AT THE PLEASURE OF THE SECRETARY AND TO BE RESPONSIBLE TO THE SECRETARY FOR THE OPERATION OF PROGRAMS OUTLINED BY THE SECRETARY, AND AUTHORIZE THE SECRETARY TO APPOINT A "DIRECTOR", RATHER THAN A "DEPUTY DIRECTOR", FOR EACH DIVISION OF THE DEPARTMENT, WHO SHALL SERVE AT THE PLEASURE OF THE SECRETARY AND BE RESPONSIBLE TO THE SECRETARY FOR THE OPERATION OF THE PROGRAMS OUTLINED BY HIM; TO AMEND SECTION 13-1-310, RELATING TO THE DIVISION OF STATE DEVELOPMENT OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO DELETE THE TERM "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", PROVIDE THAT "DIRECTOR" MEANS THE DIRECTOR FOR THE DIVISION OF STATE DEVELOPMENT, AND PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR"; TO AMEND SECTION 13-1-610, RELATING TO THE DIVISION OF SAVANNAH VALLEY DEVELOPMENT OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO DELETE "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", PROVIDE THAT "DIRECTOR" MEANS THE DIRECTOR FOR THE DIVISION OF SAVANNAH VALLEY DEVELOPMENT, AND PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR"; TO AMEND SECTION 13-1-1320, RELATING TO THE DIVISION OF PUBLIC RAILWAYS OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR", DELETE "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", AND PROVIDE THAT "DIRECTOR" MEANS THE PERSON OR PERSONS APPOINTED BY THE SECRETARY TO SUPERVISE AND CARRY OUT THE FUNCTIONS AND DUTIES OF THE PUBLIC RAILWAYS DIVISION; TO AMEND SECTION 55-1-5, RELATING TO THE DIVISION OF AERONAUTICS OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR", DELETE "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", AND PROVIDE THAT "DIRECTOR" MEANS THE PERSON OR PERSONS APPOINTED BY THE SECRETARY TO SUPERVISE AND CARRY OUT THE FUNCTIONS AND DUTIES OF THE DIVISION OF AERONAUTICS; TO PROVIDE THAT UPON THE EFFECTIVE DATE OF THIS ACT THE TITLE "DIRECTOR OF THE DEPARTMENT OF COMMERCE" IS CHANGED FOR ALL PURPOSES UNDER THE LAWS OF THIS STATE TO "SECRETARY OF COMMERCE"; TO PROVIDE THAT CERTAIN TERMS MEAN AND INCLUDE THE SECRETARY OF COMMERCE WHENEVER THE CONTEXT CAN BE CONSTRUED TO INCLUDE OR REFER TO THE EXECUTIVE AND ADMINISTRATIVE HEAD OF THE DEPARTMENT OF COMMERCE OR HIS DESIGNEE; TO PROVIDE THAT CERTAIN TERMS MEAN AND INCLUDE A DIRECTOR WITHIN THE DEPARTMENT OF COMMERCE WHENEVER THE CONTEXT CAN BE CONSTRUED TO INCLUDE OR REFER TO ANY PERSON APPOINTED BY THE SECRETARY OF COMMERCE AS THE ADMINISTRATIVE HEAD OF A PARTICULAR DIVISION OF THE DEPARTMENT OF COMMERCE; TO PROVIDE THAT "DIRECTOR OF THE DEPARTMENT OF COMMERCE" WHEREVER USED OR SET FORTH IN THE LAWS OF THIS STATE MEANS THE SECRETARY OF COMMERCE, THAT IS, THE EXECUTIVE AND ADMINISTRATIVE HEAD OF THE DEPARTMENT OF COMMERCE; AND TO REQUIRE THE CODE COMMISSIONER TO CHANGE CERTAIN TERMINOLOGY AND NOMENCLATURE SO AS TO COMPLY WITH THE DIRECTIVES AND THE INTENT OF THIS ACT.
(R402) H. 4040 -- Reps. Riser, Snow, Worley, T.C. Alexander, Rhoad, Kelley, Witherspoon and Sharpe: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4 TO TITLE 47 SO AS TO ESTABLISH THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION BY SETTING FORTH ITS MEMBERSHIP, POWERS, DUTIES, RELATED DEFINITIONS, REQUIREMENTS FOR CERTIFICATES OF VETERINARY INSPECTION, HEALTH PERMITS, QUARANTINE, INDEMNIFICATION, LAW ENFORCEMENT OFFICERS, CRIMINAL AND CIVIL LIABILITY AND PENALTIES, DISPOSITION OF FINES AND FEES, AND ADVISORY COMMITTEES; TO AMEND THE 1976 CODE BY ADDING SECTION 47-19-35 SO AS TO PROVIDE FOR PERMITS FOR ESTABLISHMENTS WHERE POULTRY IS SLAUGHTERED AND WHERE POULTRY FOOD PRODUCTS ARE PACKED; TO AMEND SECTION 47-6-10, RELATING TO THE REFERENCE FOR THE PSEUDORABIES CONTROL AND ERADICATION ACT, SO AS TO PROVIDE FOR THE ACT TO BE ADMINISTERED BY THE COMMISSION; TO AMEND SECTION 47-6-50, RELATING TO IMPORTATION OF SWINE, SO AS TO CHANGE THE REFERENCE TO HEALTH CERTIFICATE TO CERTIFICATE OF VETERINARY INSPECTION, DELETE THE REFERENCE TO FEEDING OR BREEDING AS IT APPLIES TO IMPORTED SWINE REQUIRED TO BE ACCOMPANIED BY A CERTIFICATE, REVISE RELATED REFERENCES, AND CHANGE THE REFERENCE TO STATE VETERINARIAN TO THE COMMISSION; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 47, RELATING TO REGULATION OF STOCKYARDS AND DEALERS IN LIVESTOCK, SO AS TO DELETE SECTIONS 47-11-40 AND 47-11-50 PERTAINING TO PERMIT INSPECTION, REVOCATION, AND DURATION AND ADD SECTION 47-11-85 PERTAINING TO IDENTIFICATION OF ANIMALS SOLD IN A PUBLIC LIVESTOCK MARKET OR EQUINE SALES FACILITY, PROVIDE FOR THE COMMISSION TO ADMINISTER THE ARTICLE, DELETE UNNECESSARY DEFINITIONS, REVISE PERMIT REQUIREMENTS, CHANGE THE REFERENCES TO STATE VETERINARIAN TO COMMISSION, PROVIDE FOR EQUINE SALE AND POULTRY FACILITIES WITHIN THE ARTICLE, REVISE BOND, LIVESTOCK FACILITY, AND RECORD REQUIREMENTS, CHANGE REFERENCES FROM CERTIFICATE OF HEALTH TO CERTIFICATE OF VETERINARY INSPECTION, DELETE PROVISIONS FOR SWINE INOCULATION AGAINST CHOLERA, PROVIDE FOR ESTABLISHMENT OF SLAUGHTER ASSEMBLY POINTS, AND REVISE PROVISIONS FOR INFECTED AND EXPOSED ANIMALS, FOR ENFORCEMENT, AND FOR PENALTIES; TO AMEND SECTION 47-13-10, RELATING TO THE DUTIES OF CLEMSON UNIVERSITY PERTAINING TO DISEASES AND INFECTIONS, SO AS TO DELETE THE UNIVERSITY'S DUTIES AND PROVIDE FOR THE PROVISIONS ON DISEASES AND INFECTIONS TO BE ADMINISTERED BY THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION; TO AMEND SECTION 47-13-20, RELATING TO THE POWERS OF THE STATE VETERINARIAN, SO AS TO CHANGE THE REFERENCE TO STATE VETERINARIAN TO THE COMMISSION AND REVISE RELATED DUTIES; TO AMEND SECTION 47-13-30, RELATING TO EXPENSES OF THE STATE VETERINARIAN, SO AS TO DELETE EXPENSE PROVISIONS AND PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 47-13-110, RELATING TO DISEASED BIOLOGICAL PRODUCTS, SO AS TO REVISE THE LIMITATIONS ON THE POSSESSION, SALE, AND DISTRIBUTION OF THE PRODUCTS; TO AMEND SECTION 47-13-130, RELATING TO APPROPRIATION OF FUNDS TO ERADICATE DISEASES IN ANIMALS AND BIRDS, SO AS TO CHANGE REFERENCES FROM BIRDS TO POULTRY AND FROM CLEMSON UNIVERSITY AND STATE VETERINARIAN TO THE COMMISSION AND DELETE PROVISION FOR EMPLOYMENT BY THE UNIVERSITY; TO AMEND SECTION 47-13-150, RELATING TO THE QUARANTINE AGAINST IMPORTING CERTAIN PORK, SO AS TO REVISE THE QUARANTINE REQUIREMENTS AND PROVIDE FOR THEM TO APPLY TO THE IMPORTATION OF SLAUGHTERED MEAT OR POULTRY; TO AMEND SECTION 47-13-310, RELATING TO ORDERS TO DISINFECT, SO AS TO CHANGE THE REFERENCE TO STATE VETERINARIAN TO COMMISSION AND REVISE THE REQUIREMENTS FOR NOTICE TO PERSONS WITH INFESTED OR INFECTED LIVESTOCK, REQUIREMENTS FOR ACTION BASED ON THE NOTICE, AND PENALTIES; TO AMEND SECTION 47-13-340, RELATING TO THE VENUE OF PROSECUTIONS FOR FAILURE TO DISINFECT ANIMALS EXPOSED TO THE CATTLE TICK FEVER, SO AS TO PROVIDE FOR THE VENUE REQUIREMENTS TO APPLY TO ANIMALS, LIVESTOCK, OR POULTRY INFESTED OR INFECTED WITH OR EXPOSED TO A CARRIER OF AN INFECTIOUS, A CONTAGIOUS, OR A COMMUNICABLE DISEASE; TO AMEND SECTION 47-13-390, RELATING TO THE METHOD OF APPRAISAL OF ANIMALS TO BE KILLED, SO AS TO CHANGE THE REFERENCE TO THE CHAIRMAN OF THE VETERINARY COMMITTEE OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY TO THE COMMISSION; TO AMEND SECTION 47-13-420, RELATING TO EXPENSES OF ANIMAL APPRAISAL, SO AS TO CHANGE THE REFERENCES TO STATE VETERINARIAN AND CLEMSON UNIVERSITY TO THE COMMISSION AND REVISE AUTHORIZED EXPENSES; TO AMEND SECTION 47-13-680, RELATING TO VIOLATIONS PERTAINING TO ANIMALS WITH BRUCELLOSIS, SO AS TO CHANGE THE REFERENCE TO THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY TO THE COMMISSION AND REVISE PENALTIES; TO AMEND SECTION 47-13-690, RELATING TO INDEMNITY FOR INFECTED CATTLE, SO AS TO CHANGE THE REFERENCE TO CLEMSON UNIVERSITY TO THE COMMISSION; TO AMEND SECTION 47-13-880, RELATING TO VIOLATIONS PERTAINING TO ANIMALS WITH TUBERCULOSIS AND PARATUBERCULOSIS, SO AS TO CHANGE THE REFERENCE TO THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY TO THE COMMISSION AND REVISE PENALTIES; TO AMEND SECTION 47-13-1220, RELATING TO THE POWERS AND DUTIES OF CLEMSON UNIVERSITY AND THE STATE VETERINARIAN, SO AS TO CHANGE THE REFERENCES FROM THE LIVESTOCK-POULTRY HEALTH DEPARTMENT OF CLEMSON UNIVERSITY AND STATE VETERINARIAN TO THE COMMISSION AND DELETE THE REFERENCE TO THE POULTRY TECHNICAL COMMITTEE; TO AMEND SECTION 47-13-1230, RELATING TO POULTRY PULLORUM AND TYPHOID REGULATIONS, SO AS TO PROVIDE FOR THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION TO PROMULGATE THE REGULATIONS INSTEAD OF CLEMSON UNIVERSITY AND REVISE THE MEMBERSHIP OF THE POULTRY TECHNICAL COMMITTEE; TO AMEND SECTION 47-13-1240, RELATING TO VIOLATIONS PERTAINING TO POULTRY PULLORUM AND TYPHOID, SO AS TO REVISE PENALTIES; TO AMEND SECTION 47-15-70, RELATING TO THE ADMINISTRATION AND ENFORCEMENT OF THE CHAPTER PERTAINING TO FEEDING GARBAGE TO SWINE, SO AS TO PROVIDE FOR ADMINISTRATION AND ENFORCEMENT BY THE COMMISSION INSTEAD OF CLEMSON UNIVERSITY, DELETE THE PROVISION FOR REGULATIONS, AND INCLUDE THE CHAPTER PERTAINING TO THE COMMISSION IN THE ADMINISTRATION AND ENFORCEMENT; TO AMEND SECTION 47-15-80, RELATING TO VIOLATIONS PERTAINING TO THE CHAPTER ON SWINE, SO AS TO REVISE PENALTIES; TO AMEND SECTION 47-17-20, RELATING TO DEFINITIONS PERTAINING TO THE MEAT AND MEAT FOOD REGULATIONS AND INSPECTION LAW, SO AS TO REVISE THE DEFINITION OF DIRECTOR AND PROVIDE FOR THE LAW TO BE ADMINISTERED BY THE COMMISSION; TO AMEND SECTION 47-17-100, RELATING TO CERTAIN VIOLATIONS PERTAINING TO MEAT AND MEAT FOOD REGULATIONS, SO AS TO REVISE PENALTIES; TO AMEND SECTION 47-17-120, RELATING TO LICENSES FOR ESTABLISHMENTS WHERE ANIMALS ARE SLAUGHTERED OR MEAT IS PACKED, SO AS TO CHANGE THE REFERENCE TO LICENSE TO PERMIT, INCLUDE EQUINE WITHIN THE PERMITTING PROVISIONS, REVISE THE PERMIT FEE AND OTHER REQUIREMENTS, AND DELETE THE AUTHORIZATION FOR CERTAIN REGULATIONS; TO AMEND SECTION 47-19-10, RELATING TO THE CITE TO THE SOUTH CAROLINA POULTRY PRODUCTS INSPECTION ACT OF 1969, SO AS TO PROVIDE FOR THE ACT TO BE ADMINISTERED BY THE COMMISSION; TO AMEND SECTION 47-19-20, RELATING TO DEFINITIONS PERTAINING TO THE 1969 ACT, SO AS TO DELETE THE DEFINITION FOR THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, DEFINE COMMISSION, AND CHANGE THE REFERENCE TO CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DEPARTMENT TO COMMISSION; TO AMEND SECTION 47-19-30, RELATING TO THE STATE AGENCY TO COOPERATE WITH THE SECRETARY OF AGRICULTURE UNDER THE FEDERAL POULTRY PRODUCTS INSPECTION ACT, SO AS TO CHANGE THE REFERENCE TO CLEMSON UNIVERSITY AND ITS LIVESTOCK-POULTRY HEALTH DEPARTMENT AND DIRECTOR TO THE COMMISSION AND CLARIFY THE REFERENCE TO DIRECTOR; TO REPEAL ARTICLE 5, CHAPTER 9, TITLE 47 RELATING TO IMPORTATION OF LIVESTOCK, SECTIONS 47-13-40 RELATING TO QUARANTINE BY THE STATE VETERINARIAN, 47-13-50 RELATING TO LIVESTOCK DISEASE REGULATIONS, 47-13-90 RELATING TO THE HOG CHOLERA VIRUS, 47-13-100 RELATING TO HOG CHOLERA REPORTS, 47-13-120 RELATING TO OBSTRUCTION OF THE STATE VETERINARIAN IN DISCHARGING HIS DUTIES, 47-13-140 RELATING TO EMBARGOES ON IMPORTING LIVESTOCK OR POULTRY; 47-13-330 RELATING TO PENALTIES FOR FAILURE TO DISINFECT ANIMALS EXPOSED TO THE CATTLE FEVER TICK, AND 47-13-350 RELATING TO TREATMENT OR DESTRUCTION OF DISEASED ANIMALS, ARTICLE 9, CHAPTER 13, TITLE 47 RELATING TO HOG CHOLERA, AND SECTION 47-17-110 RELATING TO NOTICE OF VIOLATIONS PERTAINING TO MEAT AND MEAT FOOD REGULATIONS; AND TO REQUIRE THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES; AND TO AMEND SECTION 47-6-60, AS AMENDED, RELATING TO THE PENALTIES PERTAINING TO THE "PSEUDORABIES CONTROL AND ERADICATION ACT", SO AS TO REVISE THE PENALTIES.
(R403) H. 4861 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION, CLEMSON UNIVERSITY, RELATING TO IMPORTATION OF RATITES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1734, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R404) H. 4819 -- Ways and Means Committee: A JOINT RESOLUTION TO PROVIDE, FOR 1994 ONLY, NOTWITHSTANDING THE PROVISIONS OF SECTION 2-7-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, THAT STATE CAPITAL IMPROVEMENT BONDS MAY BE AUTHORIZED BY THE GENERAL ASSEMBLY ONLY FOR THE PURCHASE OF SCHOOL BUSES.
(R405) H. 4493 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: AN ACT TO AMEND SECTION 37-4-203, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER CREDIT INSURANCE, FILING AND APPROVAL OF RATES AND FORMS, AND CREDIT LIFE INSURANCE PREMIUMS, SO AS TO INCREASE THE MINIMUM CHARGE AND DECREASE THE RATE CHARGED FOR CREDIT LIFE INSURANCE IN CERTAIN CATEGORIES; TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO CREDIT SALES, MAXIMUM CHARGES, AND ADDITIONAL CHARGES, SO AS TO REFERENCE MORE THAN ONE CONSUMER IN THE CASE OF JOINT CONSUMER CREDIT INSURANCE; AND TO AMEND SECTION 37-3-202, AS AMENDED, RELATING TO LOANS, MAXIMUM CHARGES, AND ADDITIONAL CHARGES, SO AS TO REFERENCE MORE THAN ONE DEBTOR IN THE CASE OF JOINT CONSUMER CREDIT INSURANCE.
(R406) H. 4464 -- Rep. Waldrop: AN ACT TO AMEND SECTION 24-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN PRISON-MADE PRODUCTS ON THE OPEN MARKET, SO AS TO PERMIT THE SALE OF HOGS.
(R407) H. 4560 -- Reps. Hodges and J. Wilder: AN ACT TO AMEND SECTION 7-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO DELETE LANGUAGE WHICH PROVIDES THAT CONFINEMENT IN A PUBLIC PRISON DISQUALIFIES A PERSON FROM BEING REGISTERED OR VOTING AND PROVIDE THAT A PERSON IS DISQUALIFIED FROM VOTING IF HE IS SERVING A TERM OF IMPRISONMENT RESULTING FROM A CONVICTION OF A CRIME; AND TO AMEND SECTIONS 7-15-120, 7-15-320, AND 7-15-340, ALL AS AMENDED, RELATING TO THE ABSENTEE REGISTRATION FORM, THE QUALIFICATIONS FOR INDIVIDUALS VOTING AN ABSENTEE BALLOT, AND THE APPLICATION FORM FOR AN ABSENTEE BALLOT, SO AS TO MAKE THESE CODE SECTIONS CONFORM TO THE AMENDMENT OF SECTION 7-5-120 IN THIS ACT.
(R408) H. 4955 -- Reps. Holt, J. Bailey, Gonzales, Barber, Whipper, Breeland, Inabinett, J. Harris, Harrell and Fulmer: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER TO THE CITY OF CHARLESTON, AN AMOUNT NOT TO EXCEED SIX HUNDRED THOUSAND DOLLARS FROM MONIES SET ASIDE FOR THE PATRIOT'S POINT DEVELOPMENT AUTHORITY PURSUANT TO THE PROVISIONS OF SECTION 51-13-860 OF THE 1976 CODE, PROVIDE THAT THESE MONIES MUST BE LOANED FOR A PERIOD NOT TO EXCEED THREE YEARS AT AN INTEREST RATE TO BE DETERMINED BY THE STATE TREASURER, WITH THE MONEY FROM THIS LOAN USED BY THE ENTITY EXCLUSIVELY FOR THE BENEFIT OF SPOLETO FESTIVAL, USA; AND TO PROVIDE FOR THE REPAYMENT OF THE LOAN.
(R409) H. 4889 -- Rep. Felder: AN ACT TO PROVIDE THAT THE CALHOUN COUNTY SCHOOL DISTRICT SHALL BE GOVERNED AND MANAGED BY A BOARD OF TRUSTEES, THE NUMBER OF WHICH MUST BE THE SAME AS THE NUMBER OF MEMBERS COMPRISING THE CALHOUN COUNTY COUNCIL, PROVIDE FOR THE ELECTION OF THE SCHOOL TRUSTEES FROM SINGLE-MEMBER ELECTION DISTRICTS, PROVIDE FOR THE QUALIFICATIONS AND TERMS OF THE TRUSTEES AND FOR THE REAPPORTIONMENT OF THE TRUSTEES' ELECTION DISTRICTS, PROVIDE FOR THE FILLING OF VACANCIES, AND PROVIDE FOR THE ELECTION OF TRUSTEES ON A NONPARTISAN BASIS AND FOR THE ANNUAL ELECTION OF THE SCHOOL BOARD'S CHAIRMAN; TO PROVIDE THAT MEMBERS OF THE BOARD OF TRUSTEES OF THE CALHOUN COUNTY SCHOOL DISTRICT ELECTED IN 1992 SHALL CONTINUE IN OFFICE UNTIL THE PRESCRIBED EXPIRATION OF THEIR TERMS AND THAT ALL MEMBERS OF THE BOARD WHOSE TERMS WOULD OTHERWISE COMMENCE FOLLOWING THE 1994 ELECTION MUST BE ELECTED IN 1994 ACCORDING TO THE PROVISIONS OF THIS ACT; TO PROVIDE THAT THE INCUMBENT CHAIRMAN OF THE BOARD SHALL CONTINUE AS A MEMBER AND AS CHAIRMAN OF THE BOARD FOR THE REMAINDER OF HIS TERM AS A BOARD MEMBER; AND TO REPEAL SECTION 2 OF ACT 743 OF 1976, RELATING TO THE BOARD OF TRUSTEES OF THE CALHOUN COUNTY SCHOOL DISTRICT.
(R410) H. 4496 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: AN ACT TO AMEND SECTION 38-31-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT, WITH RESPECT TO THE POWER TO SUE OR BE SUED, ANY ACTION BROUGHT DIRECTLY AGAINST THE ASSOCIATION MUST BE BROUGHT AGAINST THE ASSOCIATION IN THE STATE OF SOUTH CAROLINA AS A CONDITION PRECEDENT TO RECOVERY DIRECTLY AGAINST THE ASSOCIATION.
(R411) H. 4498 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: AN ACT TO AMEND SECTION 38-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF CHAPTER 31 OF TITLE 38 DEALING WITH THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION, SO AS TO DEFINE "OCEAN MARINE INSURANCE" (AN AREA TO WHICH THE CHAPTER DOES NOT APPLY).
(R412) H. 4491 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: AN ACT TO AMEND SECTION 38-27-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURERS REHABILITATION AND LIQUIDATION, FORMAL PROCEEDINGS, AND THE RECOVERY OF PREMIUMS OWED, SO AS TO DELETE CERTAIN LANGUAGE, PROVIDE THAT AN AGENT, BROKER, PREMIUM FINANCE COMPANY, OR ANY OTHER PERSON, OTHER THAN THE INSURED, RESPONSIBLE FOR THE PAYMENT OF A PREMIUM IS OBLIGATED TO PAY ANY UNPAID COLLECTED PREMIUM HELD BY SUCH PERSON AT THE TIME OF THE DECLARATION OF INSOLVENCY, WHETHER EARNED OR UNEARNED, AND ANY UNPAID EARNED PREMIUM, ALL AS SHOWN ON THE RECORDS OF THE INSURER, AND PROVIDE THAT AN AGENT, BROKER, PREMIUM FINANCE COMPANY, OR ANY OTHER PERSON HAS NO OBLIGATION TO PAY AN UNCOLLECTED UNPAID UNEARNED PREMIUM TO THE LIQUIDATOR.
(R413) H. 4627 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A JOINT RESOLUTION TO REAUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS FOR SIX YEARS.
(R414) H. 3672 -- Reps. Shissias, R. Smith, Stone, Corning, Harrison, Simrill, Riser, Wright, Koon, Hallman, Walker, Byrd, Meacham, Wells, Phillips, Littlejohn, Davenport and Cato: AN ACT TO AMEND SECTION 20-7-1145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPRESENTATION OF AN OBLIGEE UNDER AN OUT-OF-STATE CHILD SUPPORT ORDER, SO AS TO PROVIDE THAT THE PROSECUTING ATTORNEY SHALL REPRESENT THE STATE RATHER THAN THE OBLIGEE IN THESE MATTERS.
(R415) H. 4495 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: AN ACT TO AMEND SECTION 38-9-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, REINSURANCE CREDITS, AND LIABILITY REDUCTIONS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE INCORPORATED MEMBERS OF THE GROUP DEFINED IN THIS SECTION MUST NOT BE ENGAGED IN ANY BUSINESS OTHER THAN UNDERWRITING AS A MEMBER OF THE GROUP AND ARE SUBJECT TO THE SAME LEVEL OF SOLVENCY REGULATION AND CONTROL BY THE GROUP'S DOMICILIARY REGULATOR AS ARE THE UNINCORPORATED MEMBERS.
(R416) H. 3673 -- Reps. Shissias, Hallman, Gonzales, Stone, Corning, Harrison, Simrill, Riser, Koon, Wells, Walker, Byrd, Meacham, Phillips, Littlejohn, Allison and Cato: AN ACT TO AMEND SECTION 20-7-1015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNSEL FOR AN OBLIGEE IN A CIVIL ENFORCEMENT ACTION OF A SOUTH CAROLINA CHILD SUPPORT ORDER, SO AS TO PROVIDE THAT THE PROSECUTING ATTORNEY SHALL REPRESENT THE STATE RATHER THAN THE OBLIGEE IN THESE MATTERS.
(R417) H. 4492 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-13-400, 38-13-410, AND 38-13-420 SO AS TO REQUIRE EVERY INSURER DOMICILED IN SOUTH CAROLINA TO FILE A REPORT WITH THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE DISCLOSING MATERIAL ACQUISITIONS AND DISPOSITIONS OF ASSETS OR MATERIAL NONRENEWALS, CANCELLATIONS, OR REVISIONS OF CEDED REINSURANCE AGREEMENTS EXCEPT UNDER CERTAIN CIRCUMSTANCES, AND ENACT RELATED AND INCIDENTAL PROVISIONS OF LAW, INCLUDING FURTHER EXCEPTIONS TO REPORTING; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-5-180 SO AS TO PROVIDE THAT NO INSURER MAY OPERATE FROM A LOCATION WITHIN SOUTH CAROLINA UNLESS IT IS LICENSED AS AN INSURER UNDER SECTION 38-5-10, PERMITTED TO OPERATE AS AN APPROVED REINSURER UNDER SECTION 38-5-60, OR QUALIFIED TO OPERATE AS AN ELIGIBLE SURPLUS LINES INSURER UNDER SECTION 38-45-90.
(R418) H. 3442 -- Rep. Cromer: AN ACT TO PROVIDE THAT ANY PERSON ENTERING THE PREMISES OF ANY SCHOOL IN THIS STATE SHALL BE DEEMED TO HAVE CONSENTED TO A REASONABLE SEARCH OF HIS PERSON AND EFFECTS; TO PROVIDE THAT SCHOOL ADMINISTRATORS AND OFFICIALS MAY CONDUCT REASONABLE SEARCHES ON SCHOOL PROPERTY OF LOCKERS, DESKS, VEHICLES, AND PERSONAL BELONGINGS SUCH AS PURSES, BOOKBAGS, WALLETS, AND SATCHELS WITH OR WITHOUT PROBABLE CAUSE; TO PROVIDE THAT SCHOOL PRINCIPALS OR THEIR DESIGNEES MAY CONDUCT REASONABLE SEARCHES OF THE PERSON AND PROPERTY OF VISITORS ON SCHOOL PREMISES; TO PROHIBIT A SCHOOL ADMINISTRATOR OR OFFICIAL FROM CONDUCTING A STRIP SEARCH; TO PROVIDE THAT ALL SEARCHES CONDUCTED UNDER THIS ACT MUST COMPLY FULLY WITH THE "REASONABLENESS STANDARD" SET FORTH IN NEW JERSEY V. T.L.O. AND THAT ALL SCHOOL ADMINISTRATORS MUST RECEIVE TRAINING IN THE "REASONABLENESS STANDARD" UNDER EXISTING CASE LAW AND IN DISTRICT PROCEDURES ESTABLISHED TO BE FOLLOWED IN CONDUCTING SEARCHES OF PERSONS ENTERING THE SCHOOL PREMISES AND OF THE STUDENTS ATTENDING THE SCHOOL; AND TO REQUIRE THAT NOTICE BE CONSPICUOUSLY POSTED ON SCHOOL PROPERTY INFORMING PERSONS OF THE PROVISIONS OF THIS ACT, PROVIDE FOR WHERE THE NOTICE MUST BE POSTED, PROVIDE THAT THE COSTS OF POSTING THE NOTICE MUST BE PAID BY THE STATE, PROVIDE THAT NO SCHOOL OR SCHOOL DISTRICT SHALL BE REQUIRED TO INCUR ANY FINANCIAL OBLIGATION FOR COMPLYING WITH THESE NOTICE REQUIREMENTS, AND PROVIDE THAT FAILURE TO POST THE NOTICE SHALL NOT CONSTITUTE A DEFENSE TO ANY CIVIL ACTION OR CRIMINAL PROSECUTION AND SHALL NOT CONSTITUTE GROUNDS FOR ANY LEGAL LIABILITY.
(R419) H. 4711 -- Rep. Harvin: AN ACT TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND THE ADVISORY COMMITTEE FOR CONTINUING EDUCATION COURSES, SO AS TO ADD TO THE MEMBERSHIP OF THE COMMITTEE ONE REPRESENTATIVE FROM THE SOUTH CAROLINA ASSOCIATION OF HEALTH UNDERWRITERS.
(R420) H. 4071 -- Rep. Jennings: AN ACT TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON IN GAME ZONE 5; AND TO AMEND SECTION 50-11-704, AS AMENDED, RELATING TO THE PROHIBITION ON THE USE OF ARTIFICIAL LIGHTS IN GAME ZONE 4, SO AS TO INCLUDE GAME ZONE 5.
(R421) H. 4351 -- Reps. P. Harris, Neilson, Waldrop, Allison, Baxley, J. Brown, Cobb-Hunter, Corning, Cromer, Davenport, Farr, Fulmer, Gonzales, Harrelson, Harrison, Harvin, Hines, Inabinett, Keegan, Kelley, Kirsh, Littlejohn, Marchbanks, Phillips, Rhoad, Rogers, Rudnick, Shissias, D. Smith, Snow, Stuart, Tucker, Vaughn, Waites, Walker, Wells, Whipper, D. Wilder, Wilkes, Keyserling, Breeland, Richardson and Gamble: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TITLE 29, CHAPTER 4, SO AS TO ENACT THE SOUTH CAROLINA REVERSE MORTGAGE ACT WHICH DEFINES "REVERSE MORTGAGE", PROVIDES RULES FOR GOVERNING THESE MORTGAGES, EXEMPTS REVERSE MORTGAGES FROM CERTAIN PROVISIONS OF OTHER MORTGAGE TRANSACTIONS, AND REQUIRES THAT CERTAIN INFORMATION CONCERNING REVERSE MORTGAGES MUST BE AVAILABLE TO LOAN APPLICANTS.
At 11:58 A.M. the House resumed, the SPEAKER in the Chair.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
On motion of Rep. CLYBORNE, with unanimous consent, the Joint Assembly stood in a moment of Silent Prayer in memory of former President Richard M. Nixon.
The Reading Clerk of the House read the following Concurrent Resolution:
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.
The 1994 S.C. Folk Heritage Award Winners were escorted to the rostrum by Senators Hayes, Land, Courson, Passailaigue and Matthews and Representatives KEYSERLING, BREELAND and WELLS.
Lt. Governor Theodore made the following opening remarks:
"Today we honor and thank these extraordinary South Carolinians for their achievement in keeping alive rare and endangered art forms that are rooted in the ethnic and traditional cultures of South Carolina. We appreciate the sense of community, the sense of beauty, and the feeling for South Carolina's uniqueness that they carry with them through their beautiful arts that allow us to be with them today to listen to them and to cherish their particular art for future generations. Thanks to the Joint Committee on Cultural Affairs and McKissick Museum for working together to make this event possible each year and for nurturing these traditions that are so important to us. Prior to introducing the Speaker, let me remind you of the reception following the program honoring the winners in the Rotunda. And now, The Honorable Robert Sheheen, Speaker of the House of Representatives who will present the 1994 winners of our South Carolina Folk Heritage Awards."
Speaker SHEHEEN made the following remarks:
"The South Carolina Folk Heritage Awards were created by the legislature in 1986 to recognize lifetime achievement and excellence in the traditional folk arts. Today we will present four awards to South Carolinians who have used their skills to enrich the lives of people throughout their communities and throughout the State. We will also present a special, discretionary award for advocacy, to honor a group which has been an extraordinary advocate on behalf of South Carolina's folk traditions. Our winners today were selected by an Awards Advisory Committee and I'll name them and some are with us and I will ask them to please stand, Ben Boozer, Veronica Gerald, Ann McGee-Darby of Kershaw County and her husband is with her today, glad to see you, Karen Montoya, Molly Spearman, Member of the House, Beaulah White of Georgetown County and Lesley Williams of Richland County. On behalf of the General Assembly, I want to thank these judges for their time, skill, and interest in making today's awards ceremony possible. The South Carolinians we honor today have enriched the cultural life and heritage of our State in a unique and meaningful way. The awards were created to provide encouragement and support from the General Assembly in the hope that the skills and the dedication of these award winners will continue to thrive for the benefit of future generations of South Carolinians. I will introduce this year's winners with a brief description of each individual or group. The Lt. Governor will present the award. Our first winner is Mr. James Bollack. Mr. Bollack is from Port Royal, S.C. Please raise your hand, Mr. Bollack. He has been knitting shrimp nets by hand for almost 45 years. Mr. Bollack's nets last ten or twenty years while modern monofilament nets usually last only a single season. Despite suffering a recent medical setback, Mr. Bollack continues to make nets for the satisfaction of constructing a quality product and preserving a heritage for South Carolina in a very unique part of our sea coast heritage. Congratulations."
Lt. Governor Theodore presented the award to Mr. James Bollack.
Speaker SHEHEEN:
"Our second winner today is really a group, Deacon Robert E. Nelson, Sr. and the Springfield Baptist Singing Convention. For the last 100 years, the Springfield Baptist Singing Convention has maintained a fellowship of song in African American churches in McCormick, Greenwood, and Edgefield counties. Deacon Robert Elijah Nelson, Sr., a third generation 'Shape Note' singer, has led the convention for the last twenty years. 'Shape Note' singing is a system of musical notation which uses a different shaped note for each degree of the scale. Deacon Nelson has been a part of the convention for over 60 years and his commitment, along with the commitment of the convention members, assures that shape note singing will continue in our State. Congratulations to the Springfield Baptist Convention and Deacon Nelson."
Lt. Governor Theodore presented the award to Deacon Robert E. Nelson, Sr. and the Springfield Baptist Singing Convention.
Speaker SHEHEEN:
"Our third winner today can't be with us because of illness and is Henry Smith. Mr. Henry Smith, who had his 82nd birthday this week, has been singing since 1926, when he became a member of the Mansfield Quartet. This group performed until the early 1980's. Mr. Smith sings African American plantation songs, spirituals, and work songs, and he tells stories, all of which draw upon his long life full of music and hard work. Since his retirement in 1977, he has spent much of his time sharing his knowledge of African American song and history with schools, churches, and community groups. He is known in his community as 'Georgetown's Goodwill Ambassador.' We regret that due to illness he can't be here but accepting his award is Barbara Huell."
Lt. Governor Theodore presented the award to Ms. Barbara Huell for Mr. Henry Smith.
Speaker SHEHEEN:
"Our fourth award today is Mary Albertha Green. Mrs. Green has been quilting since the age of eight, when an aunt taught her to turn old clothes into beautiful and functional bedcovers. She particularly likes to work with a wide variety of colors, and she has won many awards for her work. Mrs. Smith considers quiltmaking to be one more way to bring beautiful colors, comfort and joy into her home, community, and into the lives of the people she loves. Congratulations."
Lt. Governor Theodore presented the award to Ms. Mary Albertha Green.
Speaker SHEHEEN:
"Our fifth award winners today are not here yet and we hope that they arrive before we finish. The Hallelujah Singers are from Beaufort. This year we present the Advocacy Award to the Hallelujah Singers, who keep Gullah culture alive with their presentations of songs, stories, and dances. Founder Marlena McGhee Smalls organized the group in 1990 to put together programs which combine Gullah music and narratives to illustrate what life was like for their ancestors. They have performed all over South Carolina and last year performed at a benefit in Washington, D.C. at the invitation of First Lady Hillary Clinton. As their audience grows, so does their opportunity to educate the public, in a unique and beautiful way, about the beauty and vitality of Gullah culture. We hope that they get here today because they have promised to make a presentation. I have seen them perform and it is well worth the wait. Before we end the program, I want to tell you that there are two things to do. The first is, I think that Ms. Green has brought an example of her work for us to see. This is an example of her handiwork. Also, Mr. Bollack has with him one of his nets that he has used for about twenty years. The Hallelujah Singers have joined us and we recognized them a few moments ago. We are pleased to have you and we will ask you to perform before you leave."
Speaker SHEHEEN then recognized Deacon Robert E. Nelson, Sr. and the Springfield Baptist Singing Convention who performed for the Joint Assembly.
Lt. Governor Theodore then presented the award to the Hallelujah Singers who then performed for the Joint Assembly.
Upon the conclusion of the presentation, the distinguished guests and escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:50 P.M. the House resumed, the SPEAKER in the Chair.
Rep. COOPER moved to reconsider the vote whereby H. 4864 was given a second reading and the motion was noted.
Rep. HODGES moved that the House recede until 2:15 P.M.
Rep. HUFF moved that the House do now adjourn.
Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, G. Brown, H. Carnell Davenport Huff Klauber Marchbanks Trotter Wilkins
Those who voted in the negative are:
Allison Bailey, G. Baker Baxley Beatty Boan Breeland Brown, J. Byrd Cato Clyborne Cobb-Hunter Cooper Corning Delleney Felder Gonzales Govan Graham Harrelson Harris, J. Harrison Harvin Harwell Haskins Hines Hodges Hutson Jaskwhich Jennings Kinon Kirsh Koon Lanford Littlejohn McCraw McTeer Neal Neilson Phillips Quinn Richardson Riser Robinson Rogers Rudnick Sharpe Sheheen Shissias Simrill Smith, R. Snow Spearman Stille Stone Stuart Thomas Vaughn Waites Walker Wells Wilder, D. Wilder, J. Wilkes Witherspoon Wright
So, the House refused to adjourn.
The question then recurred to the motion that the House recede until 2:15 P.M., which was agreed to.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
The SPEAKER granted Rep. DELLENEY a leave of absence for the remainder of the day.
The SPEAKER granted Rep. McMAHAND a leave of absence for the remainder of the day.
Rep. ROBINSON moved to adjourn debate upon the following Joint Resolution, which was adopted.
S. 1320 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE INCINERATOR ASH LANDFILL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 1321 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO TITLE V OPERATING PERMIT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1706, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1322 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO LICENSE TO CONSTRUCT OR CLEAN ON-SITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS AND SELF-CONTAINED TOILETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1691, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
H. 4429 -- Rep. McElveen: A BILL TO AMEND SECTION 23-35-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF REGULATIONS REGARDING FIREWORKS BY THE STATE FIRE MARSHAL, SO AS TO PROVIDE THAT THE FIRE CHIEF OR HEAD OF FIRE SERVICES OF ANY COUNTY OR MUNICIPALITY TEMPORARILY MAY BAN THE USE OF FIREWORKS IN THAT JURISDICTION IF OTHERWISE PERMITTED WHEN WEATHER CONDITIONS OR OTHER CONDITIONS REQUIRE, TO PROVIDE THAT THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY MUST CONFIRM THE TEMPORARY BAN AT ITS NEXT REGULARLY SCHEDULED MEETING BY EMERGENCY ORDINANCE OR TERMINATE THE BAN, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE EMERGENCY ORDINANCE.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20775SD.94), which was adopted.
Amend the bill, as and if amended,by striking Section 23-35-140 of the 1976 Code, as contained in SECTION 1 and inserting:
/"Section 23-35-140. Notwithstanding any other provisions of law, the Division of the State Fire Marshal shall issue rules and regulations regarding the storage, transportation, sale, and use of permissible fireworks within this State. Such These regulations may prescribe, but shall must not be limited to, quantity of fireworks that may be kept, the manner of transporting fireworks within the State, the type of buildings or structures where such the fireworks may be kept, sold, or used, the manner of storage of fireworks within such the buildings or structures, and such other matters that may be necessary to protect lives and property. Violations of such these regulations when duly promulgated shall must be punished as provided for in Section 23-35-150.
In addition to the above provisions of this section, the use of fireworks is prohibited in a county while a red flag alert or burning ban, as issued by the State Forestry Commission, is in effect for that county.
A person who violates a prohibition imposed by the provisions of this paragraph is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding one hundred dollars or by a term of imprisonment not exceeding thirty days, or both."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
Reps. LANFORD, PHILLIPS and ASKINS proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\3379BDW.94), which was adopted.
Amend the bill, as and if amended, by striking Section 23-35-140, beginning on page 4429-1 and line 26, and inserting:
/Section 23-35-140. (A) Notwithstanding any other provisions another provision of law, the Division of the State Fire Marshal shall issue rules and regulations regarding the storage, transportation, sale and use of permissible fireworks within this State. Such These regulations may prescribe, but shall are not be limited to, quantity of fireworks that may be kept, the manner of transporting fireworks within the State, the type of buildings or structures where such the fireworks may be kept, sold or used, the manner of storage of fireworks within such buildings or structures and such other matters that may be necessary to protect lives and property. Violations of such these regulations when duly promulgated shall must be punished as provided for in Section 23-35-150.
(B) In addition to the requirements of subsection (A), the use of fireworks is prohibited in a county while a burning ban, as issued by the State Commission of Forestry, is in effect for that county. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both./
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4756 -- Reps. Waites, Inabinett, Moody-Lawrence, Graham, Whipper, Waldrop, Neilson, Scott, Snow, Shissias, Harrelson, Breeland, Govan, Neal, Corning, Rudnick, Rogers, Thomas, Riser and T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 32 SO AS TO ENACT THE "SAFE CREMATION ACT" AND TO PROVIDE FOR THE AUTHORIZATION OF, THE PROCEDURES FOR, AND REGULATION OF CREMATION; BY ADDING SECTION 17-5-305 SO AS TO REQUIRE THAT THE REMAINS OF AN UNIDENTIFIED DEAD PERSON MAY NOT BE CREMATED BUT MUST BE BURIED; TO AMEND SECTION 17-5-310, RELATING TO CREMATION PERMITS, SO AS TO PROVIDE THAT A CORONER MAY ISSUE SUCH PERMIT; AND TO AMEND SECTION 17-5-320, RELATING TO REPORTING THE ABSENCE OF AN INVESTIGATION OF VIOLENT OR SUSPICIOUS DEATHS, SO AS TO PROVIDE THAT THE REPORT MAY BE MADE TO A CORONER.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16023AC.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 32 of the 1976 Code is amended by adding:
Section 32-8-300. This article may be cited as the 'Safe Cremation Act'.
Section 32-8-305. As used in this chapter:
(1) 'Alternative container' means a receptacle, other than a casket, in which human remains are transported to a crematory and placed in a cremation chamber for cremation. An alternative container or cremation casket must be:
(a) composed of readily combustible materials suitable for cremation;
(b) resistant to leakage or spillage;
(c) rigid enough for handling with ease;
(d) able to provide protection for the health, safety, and personal integrity of crematory personnel.
(2) 'Agent' or 'decedent's agent' means a person legally entitled under this article to order the cremation and final disposition of specific human remains.
(3) 'Body parts' means limbs or other portions of the anatomy that are removed from a person or human remains for medical purposes during treatment, surgery, biopsy, autopsy, or medical research; or human bodies or a portion of bodies that have been donated to science for medical research purposes.
(4) 'Board' means the South Carolina State Board of Funeral Service.
(5) 'Burial transit permit' means a permit for disposition of a dead human body as required by law.
(6) 'Casket' means a rigid container that is designed for the encasement of human remains.
(7) 'Change of ownership' means a transfer of more than fifty percent of the stock or assets of a crematory authority.
(8) 'Cremated remains' means all human remains recovered after the completion of a cremation.
(9) 'Cremation' means the technical process using heat and flame that reduces human remains to bone fragments and which may include the pulverization of the bone fragments.
(10) 'Cremation casket' means a rigid wooden, corrugated, fiberboard, or metal container that is designed for the encasement of human remains.
(11) 'Cremation certificate' means a document certifying that a decedent has been cremated and which includes the name of the decedent, the identification number, the date of cremation, the name, address, and phone number of the crematory, and the signature of the crematory authority.
(12) 'Cremation chamber' means the enclosed space within which the cremation takes place.
(13) 'Cremation interment container' means a rigid outer container composed of concrete, steel, bronze, fiberglass or some similar material in which an urn is placed before being interred in the ground and which is designed to withstand prolonged exposure to the elements and to support the earth above the urn.
(14) 'Cremation room' means the room in which a cremation chamber is located.
(15) 'Crematory' means the building or portion of a building that houses the cremation room or the holding facility, or both.
(16) 'Crematory authority' means the legal entity or the authorized representative of the legal entity which is licensed by the South Carolina Funeral Service Board to operate a crematory or a licensed funeral director who performs cremations.
(17) 'Department' means the South Carolina Department of Health and Environmental Control.
(18) 'Final disposition' means the burial, cremation, entombment or other disposition of a dead human body or parts of a dead human body or cremated remains.
(19) 'Foreign matter' means certain items including, but not limited to, body prosthesis, dentures, dental bridgework, dental fillings, jewelry, and any other personal articles accompanying the deceased.
(20) 'Funeral director' means a person licensed by the board to engage for hire or profit in the profession of arranging, directing, or supervising funerals.
(21) 'Funeral establishment' means an establishment in a building or separate portion of a building having a specific street address and location and devoted to activities relating to the shelter, care, custody, and preparation of a deceased human body and which may contain facilities for funerals, wake services, or cremations and for which a permit has been issued pursuant to Section 40-19-130.
(22) 'Human remains' means the body of a deceased person, including any form of body prosthesis that has been permanently attached or implanted in the body.
(23) 'Merchandise' means alternative containers, temporary containers, caskets, cremation caskets, rental caskets, urns, and cremation interment containers.
(24) 'Niche' means a compartment or cubicle for the permanent placement of an urn containing cremated remains.
(25) 'Pulverization' means the reduction of identifiable bone fragments after the completion of the cremation process to unidentifiable bone fragments by manual or mechanical means.
(26) 'Scattering area' means an area which may be designated by a cemetery and located on dedicated cemetery property where cremated remains, which have been removed from their container, may be mixed with or placed on top of the soil or ground cover.
Section 32-8-310. A crematory may be constructed on the grounds of a funeral establishment and must be in compliance with local zoning regulations.
Section 32-8-315. (A) A person may authorize his or her own cremation and the final disposition of his or her cremated remains by executing a cremation authorization form. A person has the right to revoke this authorization at any time by providing written notice to the funeral establishment which assisted the person in making these arrangements and the crematory authority designated to perform the cremation.
(B) At the time of death of a person who had executed a cremation authorization form, the person in possession of the executed form and the person charged with making arrangements for the final disposition of the decedent who has knowledge of the existence of the executed form shall ensure that the decedent is cremated and that the final instructions contained on the authorization form are carried out. The crematory authority is required to cremate the human remains and dispose of the cremated remains according to the instructions contained on the cremation authorization form if the crematory authority has a completed authorization form, all permits, and certificates required by law, and the designated human remains.
(C) A preneed authorization for cremation arranged with a licensed funeral establishment and crematory authority shall specify the final disposition of the cremated remains in accordance with Section 32-8-345. If no different or inconsistent instructions are provided to the funeral establishment or the crematory authority by the agent at the time of death, the crematory authority shall release or dispose of the cremated remains as indicated in the preneed agreement.
(D) No person may revoke a cremation authorization form subsequent to the death of the person who executed the form and the instructions for cremation and disposition of the cremated remains must be complied with unless full payment for the cremation and disposition of the remains has not been received or guaranteed.
Section 32-8-320. (A) In the following order of priority these persons may serve as a decedent's agent and in the absence of a preneed cremation authorization may authorize cremation of the decedent:
(1) the spouse of the decedent at the time of the decedent's death;
(2) the decedent's surviving adult children;
(3) the decedent's surviving parents;
(4) the persons in the next degree of kinship under the laws of descent and distribution to inherit the estate of the decedent;
(B) In the absence of a person serving as a decedent's agent pursuant to subsection (A), the following may serve as an agent and may authorize a decedent's cremation:
(1) a person serving as executor or legal representative of the decedent's estate and acting according to the decedent's written instructions;
(2) a public administrator, medical examiner, coroner, state appointed guardian, or other public official charged with arranging the final disposition of the decedent if the decedent is indigent or if the final disposition is the responsibility of the State or an instrumentality of the State.
(C) If a dispute arises among persons of equal priority, as provided for in subsection (A), concerning the cremation of a decedent, the matter must be resolved by order of the probate court.
Section 32-8-325. (A) A crematory authority shall not cremate human remains until it has received all of the following:
(1) A certified copy of the death certificate; however, if the decedent was pronounced dead during hours the department was not open to the public, a completed copy of the death certificate, excluding the signature of the State Registrar of Vital Statistics, signed by the attending physician must be provided to the crematory authority; the death certificate signed by the registrar must be filed the next working day of the department and a certified copy must be provided to the crematory authority.
(2) A cremation authorization on a form prescribed by the board and executed by the decedent on a preneed basis or executed by the decedent's agent and which contains:
(a) the identity of the human remains and the date and time of death;
(b) the name of the funeral director or funeral establishment responsible for obtaining the authorization;
(c) the notification of infectious, contagious, or communicable disease or a disease declared by the department to be dangerous to the public health;
(d) the name, address, and phone number of the agent and the relationship between the agent and the decedent;
(e) a statement that the agent has the right to authorize the cremation of the decedent, as provided for in Section 32-8-320 and that the agent is not aware of a person who has a superior priority right to that of the agent or is not aware of a person of equal priority who disagrees with authorizing the cremation;
(f) authorization from the agent and the funeral director or funeral establishment for the crematory authority to perform the cremation;
(g) a statement that, to the best of the agent's knowledge, the human remains do not contain a pacemaker or any other material or implant that may be hazardous or cause damage to the cremation chamber or the person performing the cremation;
(h) the name of the agent or funeral establishment authorized to receive the cremated remains;
(i) the method by which disposition of the cremated remains is to take place, if known. If the authorization form does not specify final disposition in a grave, crypt, niche, or scattering area, the form may indicate that the cremated remains are to be held by the crematory authority for thirty days before they are released, unless they are picked up by or shipped to the agent or funeral establishment before that time. At the end of thirty days, if final disposition arrangements have not been made, the crematory authority may return the cremated remains to the agent, crematory authority, or funeral establishment. If at the end of sixty days no final disposition arrangements have been made, the crematory authority or funeral establishment in charge of arrangements may dispose of the cremated remains in accordance with Section 32-8-345(D);
(j) a listing of items of value to be delivered to the crematory authority with the human remains and instructions as to how the items should be handled;
(k) a specific statement authorizing the crematory authority to proceed with the cremation upon receipt of the human remains;
(l) the signature of the decedent's agent attesting to the accuracy of all statements contained on the cremation authorization form.
(3) Completed and executed burial transit permit in accordance with Regulation 61-19, Section 23.
(4) A cremation permit obtained in accordance with Section 17-5-310 or 17-5-320 .
(B) If a person who may serve as a decedent's agent pursuant to Section 32-8-320 is not available in person to execute a cremation authorization form, the person shall send the funeral establishment a notarized facsimile transmission that contains the person's signature, name, address, phone number and relationship to the decedent. Upon receipt of the transmission, this person is authorized to serve as the decedent's agent.
(C) An agent who signs a cremation authorization form is deemed to warrant to the best of the agent's knowledge that the facts set forth on the form are truthful, including that person's authority to order the cremation. An agent signing a cremation authorization form is personally and individually liable for all damages occasioned by and resulting from knowingly providing false information on the cremation authorization form authorizing the cremation.
(D) No crematory authority which cremated, released, or disposed of human remains is liable if the authority acted in accordance with this chapter unless the crematory authority's actions were grossly negligent.
(E) After an agent has executed a cremation authorization form, the agent may revoke the authorization within twelve hours of its execution and instruct the funeral establishment to instruct the crematory authority to cancel the cremation. The instructions must be provided in writing. A funeral establishment and crematory authority shall honor instructions given to it by an agent under this subsection if it receives the instructions within twelve hours of the agent's execution of authorization form.
SECTION 32-8-330. (A) The crematory authority shall furnish to the person who delivers human remains to the crematory authority a receipt as prescribed by the board signed by the crematory authority or representative and the person who delivers the human remains. It must show the name of the decedent, the date and time of delivery, type casket or alternative container that was delivered, name of the person from whom the human remains were received, and the funeral establishment with whom the person is affiliated, and the name of the person who received the human remains on behalf of the crematory authority.
(B) The crematory authority shall retain in its permanent records the signature and name of the representative of a funeral establishment or the signature and name of the decedent's agent or designee who received the cremated remains. It must show the name of the deceased, the date and time of the release, and the name of the representative of the crematory authority who released the cremated remains. If the release was to the United States Post Office, the crematory authority shall retain the return receipt requested card.
(C) A crematory authority shall maintain at its place of business a permanent record of each cremation that took place at its facility. The record shall contain the name of the decedent, the date of the cremation, and the final disposition of the cremated remains, if known.
(D) The crematory authority shall maintain for ten years a record of all cremated remains disposed of by the crematory authority.
(E) Upon completion of the cremation, the crematory authority shall file the burial transit permit in accordance with department regulations.
(F) All cemeteries shall maintain a record of all cremated remains that are disposed of on their property.
Section 32-8-335. (A) A crematory authority and funeral establishment may require a decedent's agent to purchase an alternative container to contain the human remains before cremation but may not require the agent to purchase a casket before cremation for viewing or the actual cremation.
(B) No crematory authority may accept human remains from a funeral establishment unless the remains are delivered in a casket, cremation casket, or an alternative container unless the funeral establishment has made arrangements with the crematory authority to provide the casket, cremation casket, or an alternative container before cremation. Only a licensed crematory may perform cremations of human remains in this State and only a licensed funeral director or a funeral establishment may sell preneed and at-need merchandise.
(C) For purposes of this section, 'alternative container' means a receptacle other than a casket, in which human remains are transported to a crematory and placed in a cremation chamber for cremation. An alternative container or cremation casket must be:
(a) composed of readily combustible materials suitable for cremation;
(b) resistant to leakage or spillage;
(c) rigid enough for handling with ease;
(d) able to provide protection for the health, safety, and personal integrity of crematory personnel.
Section 32-8-340. (A) Human remains may not be cremated before twenty-four hours have elapsed from the time of death as indicated on the attending physician's, medical examiner's, or coroner's certificate of death. However, if it is known that the decedent had an infectious or dangerous disease and if the time requirement is waived in writing by the attending physician, medical examiner, or coroner in the county in which the death occurred, the remains may be cremated before twenty-four hours have elapsed.
(B) No crematory authority shall cremate human remains when the authority has actual knowledge that human remains contain a pacemaker or other material or implant that may be potentially hazardous to the person performing the cremation or to the environment.
(C) No crematory authority shall refuse to accept human remains for cremation because the remains are not embalmed.
(D) If a crematory authority is unable or unauthorized to cremate human remains immediately upon taking custody of the remains, the crematory authority shall place the human remains in a holding facility which may be located in a cremation room. Access to a holding facility must be limited to authorized persons and must be constructed and maintained to preserve the health and safety of the crematory authority personnel.
(E) The casket, cremation casket, or alternative container must be cremated with the human remains or destroyed unless the crematory authority has notified the decedent's agent to the contrary on the cremation authorization form and obtained the written consent of the agent.
(F) No crematory authority may simultaneously cremate the human remains of more than one person within the same cremation chamber without the prior written consent of the agent. However, nothing in this subsection prevents the simultaneous cremation within the same cremation chamber of body parts that have been used for anatomical study delivered by a licensed hospital or medical facility in this State to the crematory authority from multiple sources or the use of cremation equipment that contains more than one cremation chamber.
(G) A crematory authority may not remove dental gold, body parts, organs, or any item of value before a cremation without previously having received specific written authorization from the decedent's agent and written instructions on the delivery of these items to the agent. A crematory authority may not profit from taking or assisting in removal of valuables.
(H) Upon the completion of a cremation, and insofar as is commercially reasonable, the cremated remains and foreign matter of the cremation process must be removed from the cremation chamber and devices used to process cremated remains. Foreign matter must be disposed of as indicated on the authorization form signed by the decedent's agent and particulates and ambient dust must be governed by the department.
(I) If all of the recovered cremated remains do not fit within the receptacle that has been selected, the remainder of the cremated remains must be returned in a separate container to the decedent's agent. The crematory authority may not return to an agent more or less cremated remains than were removed from the cremation chamber.
(J) A crematory authority may not knowingly represent to a decedent's agent that a temporary container or an urn contains the cremated remains of a specific decedent when it does not.
(K) A crematory authority shall maintain an identification system that ensures identification of the human remains while in the authority's possession throughout all phases of the cremation process.
Section 32-8-345. (A) The agent or a licensed funeral establishment or crematory authority is responsible for the final disposition of the cremated remains.
(B) Cremated remains may be disposed of by placing in a grave, crypt, niche, by scattering them in a scattering area, or in any manner on the private property of a consenting owner. If cremated remains are disposed of on public lands or water, all state and federal laws apply.
(C) Upon completion of the cremation process, if the crematory authority has not been instructed to arrange for the mailing, interment, inurnment, or scattering of the cremated remains, the crematory authority shall deliver in person or mail the cremated remains accompanied by the cremation certificate to the designee specified on the cremation authorization form. If no designee is specified, the cremated remains must be delivered in person or mailed to the decedent's agent. The cremated remains must be delivered in person or delivered to the United States Post Office or to a bonded licensed courier service to be sent by registered and return receipt requested mail. Upon receipt of the cremated remains accompanied by a photocopy of the Burial Transit Permit and Cremation Certificate, the individual receiving them may transport and dispose of them in any manner in accordance with this section. After delivery in person or to the United States Post Office or to a bonded, licensed courier service, the crematory authority is discharged from any legal obligation or liability concerning the cremated remains.
(D) If after a period of sixty days from the date of cremation the decedent's agent has not instructed the funeral establishment or crematory authority to arrange for final disposition of the cremated remains or claimed the cremated remains, the funeral establishment or crematory authority may dispose of the cremated remains in any manner permitted by this section. The funeral establishment or crematory authority shall keep a permanent record identifying the site of final disposition. The agent is responsible for reimbursing all expenses incurred in disposing of the cremated remains. Upon disposing the cremated remains, the funeral establishment or crematory authority is discharged from any legal obligation or liability concerning the cremated remains. A funeral establishment or crematory authority in possession of remains cremated before July 1, 1994, may dispose of them in accordance with this section.
(E) Except with the express written permission of the decedent's agent, no person may:
(1) dispose of cremated remains in a manner or in a location so that the cremated remains are commingled with those of another. This does not apply to the scattering of cremated remains at sea, by air, or in an area located in a dedicated cemetery and used exclusively for the purpose of disposing of cremated remains;
(2) place cremated remains of more than one person in the same temporary container or urn.
Section 32-8-350. (A) A crematory authority is not liable for damages arising from cremating the human remains designated by a cremation authorization form if the form complies with Section 32-8-325 and if the cremation is performed in accordance with this chapter.
(B) A crematory authority is not liable for damages resulting from refusing to accept or cremate human remains or refusing to release or dispose of cremated remains if the authority is aware of a dispute concerning the remains or if the authority has a reasonable basis for questioning a statement or representation made by the decedent's agent.
(C) A crematory authority is not responsible or liable for valuables delivered with the human remains unless the crematory authority has received written instructions in accordance with Section 32-8-325(A)(2)(j).
(D) No cemetery is liable for cremated remains that are dumped, scattered, or otherwise deposited on the cemetery in violation of this article, if that action is taken without the cemetery's consent.
Section 32-8-355. If a decedent's agent informs the funeral establishment on the cremation authorization form of the presence of a pacemaker in the human remains, the funeral establishment must ensure that all necessary steps have been taken to remove the pacemaker before delivering the human remains to the crematory authority. If the funeral establishment who delivers the human remains to the crematory knows of the presence of a pacemaker in the human remains and fails to ensure that the pacemaker has been removed before delivery and if the remains are cremated with the pacemaker, the funeral establishment who delivered the human remains to the crematory and who knew of the presence of the pacemaker is liable for all resulting damages.
Section 32-8-360. (A) The board may refuse to issue or renew the license or may suspend or revoke the license of a funeral director or embalmer who violates a provision of this chapter.
(B) A person who violates a provision of this chapter is subject to a civil fine not to exceed five thousand dollars.
(C) The provisions of Section 40-19-160 apply to disciplinary actions under this article.
Section 32-8-365. Solicitations under this article are governed by Sections 32-7-90 and 40-19-180.
Section 32-8-370. This article must be construed and interpreted as a comprehensive cremation statute, and the provisions of the article take precedence over any existing laws containing provisions applicable to cremation but that do not specifically or comprehensively address cremation.
Section 32-8-375. The board shall offer or arrange for continuing education courses addressing the removal and disposition of pacemakers by licensed embalmers.
Section 32-8-380. The South Carolina State Board of Funeral Service shall promulgate regulations to carry out the provisions of this chapter including, but not limited to, the regulation of crematories whether or not constructed on the grounds of a funeral establishment."
SECTION 2. The 1976 Code is amended by adding:
"Section 17-5-305. If the body of a dead person is unidentifiable, the remains may not be cremated for at least thirty days. The medical examiner or coroner shall have the remains buried or interred in a cemetery in the county in which the remains were found."
SECTION 3. Section 17-5-310 of the 1976 Code is amended to read:
"Section 17-5-310. When the body of any dead person who died in the county is to be cremated, whoever required the cremation shall secure a permit for such the cremation from the county medical examiner or his the medical examiner's deputy or the coroner or the deputy coroner, and any such a person who shall wilfully fail fails to secure such a permit for cremation is guilty of a misdemeanor and, upon conviction, must shall be fined not less than twenty dollars and not more than five hundred dollars. Such A permit for cremation shall promptly must be promptly acted upon by the county medical examiner or his the examiner's deputy or the coroner."
SECTION 4. Section 17-5-320 of the 1976 Code is amended to read:
"Section 17-5-320. If in any a case of sudden, violent, or suspicious death the body is buried without any an investigation by the county medical examiner or by his the examiner's deputy medical examiner or by the coroner or deputy coroner, it shall be the duty of any a person having knowledge of this fact to shall notify the coroner or the county medical examiner."
SECTION 5. This act takes effect July 1, 1994./
Renumber sections to conform.
Amend title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
Rep. KLAUBER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\20873SD.94), which was adopted.
Amend the Report of the Committee on Medical, Military, Public and Municipal Affairs, as and if amended, in SECTION 1, by adding Section 32-8-385 immediately following Section 32-8-380 on page 4756-12 to read:
/"Section 32-8-385. A crematory is required to have in its employ at least one individual who has been trained in performing cremations by the licensed crematory authority who is his employer, by the manufacturer of the equipment to be used to perform cremations, or by some other appropriate method as provided by regulation of the board. Upon meeting the above requirements, this individual is considered to be sufficiently trained for purposes of this chapter."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following was introduced:
H. 5169 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 5058, RELATING TO THE SCHOOL SAFETY AND JUVENILE JUSTICE REFORM ACT OF 1994, FOR SECOND READING OR OTHER CONSIDERATION AFTER THE CALL OF THE UNCONTESTED CALENDAR, TUESDAY, APRIL 26, 1994, AND TO PROVIDE, FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR ON EACH SUBSEQUENT LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 5058 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 5058, relating to the School Safety and Juvenile Justice Reform Act, is set by special order for second reading or other consideration after the call of the uncontested calendar on Tuesday, April 26, 1994, and to provide, following the call of the uncontested calendar on each subsequent legislative day, for the continuing special order consideration of H.5058 until third reading or other disposition.
Rep. McTEER explained the Resolution.
Rep. BOAN spoke in favor of the Resolution.
Rep. McELVEEN spoke in favor of the Resolution.
Rep. J. BROWN moved to adjourn debate upon the Resolution.
Rep. McTEER moved to table the motion.
Rep. J. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Askins Bailey, G. Baker Barber Baxley Boan Breeland Brown, H. Cato Chamblee Cobb-Hunter Corning Cromer Fair Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harrison Harvin Haskins Hines Hodges Huff Hutson Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Lanford Law Littlejohn Marchbanks Martin McCraw McElveen McTeer Meacham Neal Neilson Quinn Rhoad Richardson Riser Robinson Scott Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Thomas Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Young, A.
Those who voted in the negative are:
Beatty Brown, J. Carnell Davenport McAbee McLeod Rudnick Sharpe
So, the motion to adjourn debate was tabled.
The question then recurred to the adoption of the Resolution, which was agreed to.
The following was introduced:
H. 5170 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 4036, RELATING TO THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF H. 5058 AND TO PROVIDE FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR ON EACH SUBSEQUENT LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 4036 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 4036, relating to the Governor's School for the Arts and Humanities, is set by special order for second reading or other consideration immediately following second reading or other disposition of H. 5058 and to provide, following the call of the uncontested calendar on each legislative day, for the continuing special order consideration of H. 4036 until third reading or other disposition.
Rep. McTEER explained the Resolution.
Rep. BOAN moved to adjourn debate upon the Resolution.
Rep. MATTOS moved to table the motion, which was agreed to by a division vote of 52 to 31.
The question then recurred to the adoption of the Resolution, which was agreed to.
The following was introduced:
H. 5171 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 4835, RELATING TO THE SOUTH CAROLINA SELF-SUFFICIENCY AND PARENTAL RESPONSIBILITY ACT OF 1994, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF H. 4036 AND TO PROVIDE FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR ON EACH SUBSEQUENT LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 4835 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 4835, relating to the South Carolina Self-sufficiency and Parental Responsibility Act of 1994, is set by special order for second reading or other consideration immediately following second reading or other disposition of H. 4036 and to provide, following the call of the uncontested calendar on each legislative day, for the continuing special order consideration of H. 4835 until third reading or other disposition.
Rep. McTEER explained the Resolution.
Rep. WOFFORD spoke in favor of the Resolution.
Rep. BOAN moved to adjourn debate upon the Resolution.
Rep. SIMRILL moved to table the motion.
Rep. WOFFORD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Bailey, G. Baker Barber Baxley Breeland Brown, H. Cato Chamblee Clyborne Cobb-Hunter Cromer Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harrison Harvin Harwell Hodges Hutson Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Koon Law Littlejohn Marchbanks McElveen McLeod McTeer Meacham Neal Neilson Phillips Quinn Richardson Riser Robinson Rudnick Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Thomas Trotter Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkins Witherspoon Wofford Young, A.
Those who voted in the negative are:
Askins Boan Brown, J. Sharpe Stoddard
So, the motion to adjourn debate was tabled.
The question then recurred to the adoption of the Resolution, which was agreed to.
Further proceedings were interrupted by a Rules Committee Report.
The following was introduced:
H. 5172 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 4837, RELATING TO THE SOUTH CAROLINA WELFARE AND ADMINISTRATION REFORM ACT OF 1994, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF H.4835 AND TO PROVIDE FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR ON EACH SUBSEQUENT LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 4837 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 4837, relating to the South Carolina Welfare and Administration Reform Act of 1994, is set by special order for second reading or other consideration immediately following second reading or other disposition of H. 4835 and to provide, following the call of the uncontested calendar on each legislative day, for the continuing special order consideration of H. 4837 until third reading or other disposition.
Rep. McTEER explained the Resolution.
The Resolution was adopted.
The following was introduced:
H. 5173 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S.920, RELATING TO AGRICULTURAL USE OF REAL PROPERTY, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF H.4837 AND TO PROVIDE FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR ON EACH SUBSEQUENT LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S.920 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S.920, relating to agricultural use of real property, is set by special order for second reading or other consideration immediately following second reading or other disposition of H.4837 and to provide, following the call of the uncontested calendar on each legislative day, for the continuing special order consideration of S.920 until third reading or other disposition.
Rep. McTEER explained the Resolution.
Rep. McABEE proposed the following Amendment No. 1, which was tabled.
Amend the Report of the Rules Committee Bill H. 5173 to change the date to June 3, 1994.
Rep. McABEE explained the amendment.
Rep. McTEER moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 56 to 40.
Rep. McABEE moved to table the Resolution.
Rep. WOFFORD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Baxley Boan Brown, J. Byrd Canty Cobb-Hunter Govan Graham Harrelson Hines Inabinett Jaskwhich Jennings Kennedy Littlejohn Marchbanks Martin Mattos McAbee McLeod Neilson Phillips Rhoad Robinson Rudnick Spearman Stoddard Stone Trotter Whipper White Wilder, J.
Those who voted in the negative are:
Alexander, T.C. Allison Bailey, G. Baker Barber Brown, H. Cato Chamblee Clyborne Cooper Corning Cromer Davenport Fair Fulmer Gamble Gonzales Hallman Harrell Harris, J. Harrison Harwell Haskins Huff Hutson Keegan Kelley Keyserling Kinon Kirsh Koon Lanford Law McCraw McElveen McTeer Meacham Moody-Lawrence Quinn Richardson Riser Rogers Scott Sharpe Sheheen Shissias Simrill Smith, R. Snow Stille Stuart Thomas Tucker Vaughn Waites Waldrop Walker Wells Wilder, D. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the Resolution.
The question then recurred to the adoption of the Resolution, which was agreed to.
The following was introduced:
H. 5174 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S.88, RELATING TO THE REGULATION OF FACILITIES IN WHICH ABORTIONS ARE PERFORMED, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF S.920 AND TO PROVIDE FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR ON EACH SUBSEQUENT LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S.88 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S.88, relating to the regulation of facilities in which abortions are performed, is set by special order for second reading or other consideration immediately following second reading or other disposition of S.920 and to provide, following the call of the uncontested calendar on each legislative day, for the continuing special order consideration of S.88 until third reading or other disposition.
Rep. McTEER explained the Resolution.
Rep. RUDNICK spoke against the Resolution.
The SPEAKER granted Rep. McELVEEN a leave of absence for the remainder of the day.
Rep. COBB-HUNTER spoke against the Resolution.
Reps. HASKINS and WELLS spoke in favor of the Resolution.
The question then recurred to the adoption of the Resolution.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, G. Baker Barber Baxley Brown, H. Cato Chamblee Clyborne Cooper Corning Cromer Davenport Fair Felder Fulmer Gonzales Graham Hallman Harrell Harrelson Harrison Harvin Harwell Haskins Huff Hutson Jaskwhich Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Mattos McCraw McTeer Meacham Phillips Quinn Riser Robinson Sharpe Sheheen Simrill Smith, R. Snow Spearman Stille Stone Stuart Trotter Tucker Vaughn Walker Wells Wilder, J. Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Askins Boan Breeland Brown, J. Byrd Canty Cobb-Hunter Gamble Hines Hodges Inabinett Keyserling Martin McAbee McLeod Moody-Lawrence Neal Richardson Rogers Rudnick Scott Shissias Thomas Waites Waldrop Whipper White Wilder, D. Wilkes
So, the Resolution was adopted.
The following Joint Resolution was taken up:
H. 4741 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A JOINT RESOLUTION TO ESTABLISH A PILOT PROJECT FOR SCHOOL-BASED COUNSELING SERVICES.
Rep. PHILLIPS moved to table the Joint Resolution, which was agreed to.
The following Joint Resolution was taken up.
H. 4969 -- Reps. Lanford, Holt, Marchbanks, Inabinett, Jaskwhich, R. Smith, Haskins, Hines, Simrill, Neilson, Stone, Moody-Lawrence, Robinson, Trotter, Beatty, Farr, McMahand, Chamblee, Baker, Cato, Worley, Huff, Stoddard, Riser, Davenport, Breeland, McTeer, Byrd, Govan, D. Smith, Whipper, Wright, Richardson, Koon, McLeod, and Thomas: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL OF ANY DISTRICT OF THIS STATE DURING SCHOOL YEAR 1993-94 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, COLD, OR INCLEMENT WEATHER ARE 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.
Rep. WALKER moved to adjourn debate upon the Joint Resolution until June 3.
Rep. LANFORD moved to table the motion, which was agreed to.
Reps. WALKER and STILLE objected to the Joint Resolution.
Rep. LANFORD explained the Joint Resolution.
Rep. LITTLEJOHN objected to the Joint Resolution.
Rep. LANFORD continued speaking.
The Joint Resolution was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
The following Bill was taken up.
H. 5058 -- Judiciary Committee: A BILL TO ENACT THE SCHOOL SAFETY AND JUVENILE JUSTICE REFORM ACT OF 1994 INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DIRECTING THE DEPARTMENT OF JUVENILE JUSTICE TO DEVELOP A LONG-TERM PLAN FOR THE PROVISION OF SERVICES TO JUVENILE OFFENDERS; TO ADD SECTION 20-7-753 SO AS TO AUTHORIZE THE FAMILY COURT TO DESIGNATE A LEAD STATE AGENCY TO CONDUCT A FAMILY ASSESSMENT AND RECOMMEND A SERVICE PLAN FOR FAMILIES WHEN A CHILD IS BROUGHT BEFORE THE FAMILY COURT IN A JUVENILE DELINQUENCY PROCEEDING; TO REQUIRE THE COURT TO REVIEW THE ASSESSMENT AND ADOPT A PLAN THAT WILL SERVE THE BEST INTERESTS OF THE CHILD; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO ORDER PARENTS OF A CHILD BROUGHT BEFORE THE COURT ON A DELINQUENCY MATTER TO COOPERATE WITH AND PARTICIPATE IN A PLAN ADOPTED BY THE COURT TO SERVE THE BEST INTERESTS OF THE CHILD; TO AMEND SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL SERVICES FOR JUVENILES, SO AS TO REQUIRE THE DEPARTMENT OF JUVENILE JUSTICE TO PROVIDE EDUCATIONAL SERVICES TO PREADJUDICATORY JUVENILES IN ITS CUSTODY; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO WEAPONS ON SCHOOL PROPERTY, SO AS TO INCREASE THE FINE FROM ONE THOUSAND DOLLARS TO THREE THOUSAND DOLLARS FOR A VIOLATION; TO AMEND SECTION 20-7-390, RELATING TO THE DEFINITION OF "CHILD", SO AS TO REVISE THIS DEFINITION WITH REGARD TO CERTAIN CRIMES; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JURISDICTION OF JUVENILES FROM ONE COURT TO ANOTHER SO AS TO REVISE THE REQUIREMENTS FOR TRANSFERRING JURISDICTION; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO DETENTION AND CUSTODY OF A CHILD FOUND VIOLATING THE LAW, SO AS TO PROVIDE THAT A CHILD IN POSSESSION OF A DEADLY WEAPON MAY BE DETAINED IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE FOR RELEASE FROM DETENTION; TO AMEND SECTION 20-7-1330, AS AMENDED, RELATING TO DISPOSITION OF A CHILD BEFORE THE COURT ON A DELINQUENCY MATTER, SO AS TO AUTHORIZE THE COURT TO ORDER A DETERMINATE SENTENCE FOR A JUVENILE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 24-19-10, RELATING TO DEFINITIONS PERTAINING TO THE CORRECTION AND TREATMENT OF YOUTHFUL OFFENDER; TO AMEND SECTION 59-63-32, RELATING TO REQUIREMENTS FOR ENROLLING A CHILD IN PUBLIC SCHOOL, SO AS TO PROVIDE FOR THE TRANSFER OF RECORDS IF A CHILD HAS PREVIOUSLY ATTENDED ANOTHER SCHOOL; TO AMEND SECTION 59-63-210, RELATING TO GROUNDS FOR EXPULSION AND SUSPENSION OF PUPILS, SO AS TO REQUIRE EXPULSION FROM SCHOOL IF THE PUPIL IS CONVICTED OF COMMITTING CERTAIN CRIMES; TO AMEND TITLE 59, RELATING TO EDUCATION, SO AS TO ADD CHAPTER 66 "SCHOOL SAFETY" WHICH REQUIRES SCHOOLS TO RETAIN DISCIPLINARY RECORDS AND PROVIDES FOR THE USE OF THESE RECORDS; ESTABLISHES FUNDS FOR SCHOOL SAFETY COORDINATORS AND PROCEDURES FOR APPLYING FOR AND DISTRIBUTING THESE FUNDS; REQUIRES ONE HANDHELD METAL DETECTOR IN EACH MIDDLE, JUNIOR HIGH, AND HIGH SCHOOL; REQUIRES PROMULGATION OF REGULATIONS ESTABLISHING MINIMUM REQUIREMENTS FOR PLANNING AND CONSTRUCTING SCHOOL FACILITIES; REQUIRES ESTABLISHMENT OF A CURRICULUM FOR TEACHING PEACEFUL CONFLICT RESOLUTION AND NONVIOLENT LIVING; REQUIRES DEVELOPMENT AND PILOT TESTING OF ALTERNATIVE EDUCATIONAL PROGRAMS FOR STUDENTS WHO ARE A THREAT TO SCHOOL SAFETY; REQUIRES EACH SCHOOL TO DEVELOP AND HAVE APPROVED A COMPREHENSIVE SCHOOL SAFETY PLAN; ESTABLISHES A SCHOOLHOUSE SAFETY RESOURCE CENTER WITHIN THE DEPARTMENT OF EDUCATION; ESTABLISHES A JOINT PILOT PROJECT FOR SCHOOL BASED COUNSELING BY THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF EDUCATION; TO ADD SECTION 59-17-130 SO AS TO DIRECT SCHOOL DISTRICTS TO ENCOURAGE PARENTS TO BECOME INVOLVED IN THEIR CHILDREN'S EDUCATION INCLUDING OFFERING SERVICES AND REFERRALS TO FAMILIES AND CHILDREN IN NEED OF ASSISTANCE; TO ADD SECTION 59-26-90 SO AS TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE REGULATIONS PROVIDING THAT THE PRIMARY RESPONSIBILITY OF GUIDANCE COUNSELORS IS TO COUNSEL STUDENTS AND WORK WITH PARENTS AND TEACHERS; TO AMEND SECTION 20-7-20, RELATING TO THE STATE CHILDREN'S POLICY, SO AS TO PROVIDE THAT PROVIDING AN EDUCATION IS OF PARAMOUNT INTEREST AND THAT OFFICIALS SHALL DO EVERYTHING WITHIN THEIR AUTHORITY TO CARRY OUT SCHOOL ATTENDANCE LAWS AND PREVENT NONATTENDANCE; TO ADD SECTION 20-7-1352 SO AS TO REQUIRE SCHOOL ATTENDANCE AND APPROPRIATE BEHAVIOR AS AN INTEGRAL PART OF ALL PROBATION ORDERS; TO ADD SECTION 20-7-1353 SO AS TO REQUIRE PROBATION AND PAROLE COUNSELORS TO ASSIST IN REENROLLMENT OF CHILDREN RELEASED FROM CONFINEMENT AND TO REPORT ANY SCHOOL'S REFUSAL TO ENROLL A CHILD; TO ADD SECTION 59-65-55 SO AS TO PROVIDE THAT IF A STUDENT TRANSFERS TO ANOTHER SCHOOL DISTRICT, THE RECORDS AND PLANS FOR THAT STUDENT REGARDING TRUANCY BEHAVIOR ALSO MUST BE FORWARDED TO THE RECEIVING SCHOOL DISTRICT; TO AMEND SECTION 59-65-20, RELATING TO THE PENALTY FOR FAILURE TO ENROLL OR CAUSE A CHILD TO ATTEND SCHOOL, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES FOR REPORTING AND PROSECUTING VIOLATIONS OF THIS SECTION; TO AMEND SECTION 59-65-50, RELATING TO THE NONATTENDANCE AT SCHOOL REPORTED TO THE COURTS AND THE SOLICITOR HAVING JURISDICTION OF JUVENILES, SO AS TO REVISE THE MANNER IN WHICH, CONDITIONS UNDER WHICH, AND PROCEDURES UNDER WHICH THESE REPORTS ARE MADE; TO AMEND SECTION 59-65-60, RELATING TO COURT PROCEDURES UPON RECEIPT OF REPORTS OF NONATTENDANCE AT SCHOOL, SO AS TO REVISE THESE PROCEDURES AND THE ACTION NEEDED TO BE TAKEN IN REGARD TO THE CHILD; AND TO PROVIDE THAT CERTAIN PROVISIONS DO NOT EFFECT THE EXCEPTIONS TO COMPULSORY SCHOOL ATTENDANCE LAWS AND HOME-SCHOOLING PROGRAMS; TO ADD SECTION 20-7-1351 SO AS TO AUTHORIZE THE FAMILY COURT TO ORDER PARENTS OF CHILDREN IN NEED OF SERVICES TO PREVENT VIOLENT BEHAVIOR TO APPEAR, TO ORDER FAMILY ASSESSMENT AND TREATMENT, AND TO HOLD A PARENT IN CONTEMPT FOR FAILURE TO COMPLY WITH A COURT ORDER; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO DETENTION, CUSTODY, AND RECORDS OF A CHILD FOUND VIOLATING THE LAW, SO AS TO REVISE WHAT RECORDS ARE OPEN TO THE PUBLIC, AND TO REQUIRE A LAW ENFORCEMENT OFFICER TAKING A CHILD INTO CUSTODY TO NOTIFY THE PRINCIPAL OF THE SCHOOL OF THE NATURE OF THE OFFENSE; TO AMEND SECTION 20-7-770, AS AMENDED, RELATING TO RELEASE OF A JUVENILE'S RECORD, SO AS TO INCLUDE ADDITIONAL OFFENSE FOR WHICH RECORDS MAY BE RELEASED AND TO DIRECT THE DEPARTMENT OF JUVENILE JUSTICE TO MAINTAIN JUVENILE RECORDS FOR A CERTAIN PERIOD OF TIME; TO AMEND SECTION 20-7-780, RELATING TO RECORDS, FINGERPRINTING, AND PHOTOGRAPHS OF JUVENILES, SO AS TO FURTHER PROVIDE UNDER WHAT CIRCUMSTANCES RECORDS ARE OPEN TO THE PUBLIC, THE IDENTITY OR PICTURE OF A CHILD MAY BE PUBLISHED BY THE MEDIA, FINGERPRINTS MAY BE TAKEN, AND RECORDS MAY BE TRANSFERRED TO OTHER LAW ENFORCEMENT AGENCIES; TO AMEND SECTION 20-7-1335, RELATING TO DESTRUCTION OF JUVENILE RECORDS, SO AS TO INCLUDE ADDITIONAL CIRCUMSTANCES UNDER WHICH A JUVENILE'S ADJUDICATION MAY NOT BE EXPUNGED; TO AMEND SECTION 20-7-3300, AS AMENDED, RELATING TO JUVENILE'S RECORDS, SO AS TO PROVIDE CERTAIN CIRCUMSTANCES UNDER WHICH A JUVENILE'S RECORD IS PROVIDED TO A SCHOOL; AND TO PROVIDE THAT REFERENCES TO VIOLENT CRIMES ARE AS DEFINED ON THIS ACT'S EFFECTIVE DATE OR AS THE DEFINITION MAY BE AMENDED.
Rep. RUDNICK proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\20837SD.94), which was tabled.
Amend the bill, as and if amended, by striking SECTIONS 22 through 26 which begin on page 26 and inserting:
/SECTION 22. The sum of forty thousand dollars is hereby appropriated to every school district of this State to enforce current school truancy and attendance laws./
Amend the bill further, as and if amended, by deleting item (5) of SECTION 35 as contained on line 36, page 39.
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. HODGES spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 51 to 4.
Rep. FAIR proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\GJK\20859SD.94), which was tabled.
Amend the bill, as and if amended, by striking SECTIONS 14, 15, 17, 18, and 24 in their entirety
Renumber sections to conform.
Amend totals and title to conform.
Rep. FAIR explained the amendment.
Reps. J. WILDER and HUFF spoke against the amendment.
The SPEAKER Pro Tempore granted Rep. HINES a leave of absence for the remainder of the day.
Rep. BAXLEY spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 50 to 25.
Rep. FAIR proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\GJK\20861SD.94), which was tabled.
Amend the bill, as and if amended, by striking SECTION 15 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. FAIR explained the amendment.
The SPEAKER Pro Tempore granted Rep. G. BAILEY a temporary leave of absence.
The SPEAKER Pro Tempore granted Rep. WALDROP a temporary leave of absence.
Reps. BAXLEY and MARTIN spoke against the amendment.
Rep. CLYBORNE spoke in favor of the amendment.
Reps. HODGES and HASKINS spoke against the amendment.
Rep. MARTIN moved to table the amendment.
Rep. FAIR demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 54 to 12.
Rep. FAIR proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\GJK\20862SD.94), which was tabled.
Amend the bill, as and if amended, by striking SECTION 17 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. FAIR explained the amendment.
Rep. MARTIN moved to table the amendment.
Rep. FAIR demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 46 to 17.
The SPEAKER Pro Tempore granted Rep. CANTY a leave of absence for the remainder of the day.
Rep. KEEGAN proposed the following Amendment No. 56 (Doc Name L:\council\legis\amend\CYY\16140AC.94), which was adopted.
Amend the bill, as and if amended, Section 20-7-780(B), by inserting after /child/ on page 36, line 1 /under fourteen years of age who is/.
Amend further, Section 20-7-780(B), by adding an appropriately numbered item to read:
/( ) being a Peeping Tom as defined in Section 16-17-470./.
Renumber items to conform.
Amend title to conform.
Rep. KEEGAN explained the amendment.
The SPEAKER Pro Tempore granted Rep. STONE a leave of absence for the remainder of the day.
Rep. KEEGAN continued speaking.
The amendment was then adopted.
Rep. SCOTT moved that the House do now adjourn, which was rejected by a division vote of 35 to 47.
Reps. CLYBORNE, CORNING, ALLISON, TROTTER, LITTLEJOHN, VAUGHN, R. SMITH, A. YOUNG, SHISSIAS, WOFFORD, HUTSON, BAKER, WALKER, WELLS, SIMRILL, MEACHAM, LANFORD and STONE proposed the following Amendment No. 59 (Doc Name L:\council\legis\amend\CYY\16125AC.94).
Amend the bill, as and if amended, by deleting Section 10 and inserting:
/SECTION 10. Section 20-7-1330(c) of the 1976 Code, as last amended by Act 615 of 1988, is further amended to read:
"(c) commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children or to place them in family homes or under the guardianship of a suitable person. Commitment must be for an indeterminate a determinate period but in no event beyond the child's twenty-first birthday. The determinate period may not exceed the term of imprisonment allowed if the offense was committed by an adult;"/
Amend title to conform.
Rep. CLYBORNE explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Reps. CLYBORNE, VAUGHN, CORNING, BAKER, LANFORD, HALLMAN, FULMER, WALKER, TROTTER, ALLISON, SHISSIAS, LITTLEJOHN, STONE, R. SMITH, WELLS, WOFFORD, A. YOUNG, SIMRILL, MEACHAM and HUTSON proposed the following Amendment No. 60 (Doc Name L:\council\legis\amend\CYY\16110AC.94).
Amend the bill, as and if amended, by striking Section 6 and inserting:
/SECTION 6. Section 16-23-430 of the 1976 Code, as last amended by Act 194 of 1993, is further amended to read:
"Section 16-23-430. (1) It shall be is unlawful for any a person, except state, county, or municipal law-enforcement officers or personnel authorized by school officials, to carry on his person, use, or threaten to use, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms, or any other another type of weapon, device, or object which may be used to inflict bodily injury or death.
(2) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both. Any A weapon or object used in violation of this section may must be confiscated by the law enforcement division making the arrest.
(3) A person under the age of seventeen who violates this section, upon adjudication, must spend sixty days in the shock incarceration program established pursuant to Section 20-7-3215."/
Amend further, by adding an appropriately numbered section to read:
/SECTION _____. The 1976 Code is amended by adding:
"Section 20-7-3215. (A) The Department of Juvenile Justice shall establish a self-contained residential shock incarceration type program for juveniles adjudicated delinquent and committed to the department. The shock incarceration program must be sixty days in duration and must provide in 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 must be given priority for transfer into the department's shock incarceration program. In addition, to be eligible to be transferred to a shock incarceration program, juveniles committed to the department 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 a shock incarceration program or similar program;
(5) be physically and mentally able to participate in the program; and
(6) not have been specifically excluded from participating in a shock incarceration program by the family court at the time of commitment.
(C) A juvenile may be transferred to the department's shock incarceration program either at the time of commitment or at anytime before the juvenile reaches his minimum parole guidelines.
(D) The director of the department shall transfer juveniles to this program based upon the recommendation of a Shock Incarceration 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. Juveniles who fail to successfully complete this program must 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 must 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 each week with the juvenile by the department.
(F) Transfer to the shock incarceration program is a privilege and is on a space available basis. A juvenile has no right to participate in a program or to continue to participate in a program if his behavior is inappropriate."/
Renumber sections to conform.
Amend title to conform.
Rep. CLYBORNE explained the amendment.
Rep. MARTIN spoke against the amendment.
Rep. CLYBORNE moved to adjourn debate upon the amendment, which was adopted.
Reps. SCOTT and HODGES proposed the following Amendment No. 63 (Doc Name L:\council\legis\amend\CYY\16101AC.94), which was ruled out of order.
Amend the bill, as and if amended, by inserting on page 19, line 8:
/Section 59-66-70. (A) There is created the Volunteer Mentor Program to be administered by the Budget and Control Board. The purpose of the program is to promote the establishment of local programs whereby at-risk children are matched with adult volunteers on a one-to-one basis.
(B) The objectives of the program are to:
(1) reduce juvenile crime in local communities served by the program;
(2) recruit community volunteers to provide positive adult role models for at-risk children;
(3) improve the academic performance of students participating in the program; and
(4) meet the physical, intellectual, emotional, and social needs of students participating in the program and improve their attitudes and behavior.
(C) As used in this section, 'at-risk children' means children under the age of twenty-one, who have been referred:
(1) directly by local law enforcement, family court, appropriate state agencies, or the local school district; or
(2) to family court during the immediately preceding twelve months.
(D) Each local program must have a local board of directors or advisory committee which reflects local commitment to the program and is representative of the community. The governing board or advisory committee shall monitor program activity and generate financial support for the program.
(E) Each local program must have at least a part-time program director who is responsible for:
(1) recruiting volunteers;
(2) screening volunteers;
(3) training or facilitating training of volunteers;
(4) matching volunteers with at-risk children;
(5) supervising volunteers;
(6) providing or arranging support services and group activities;
(7) working with the program's governing board or authority or advisory committee;
(8) evaluation of the program; and
(9) record-keeping.
(F) The General Assembly annually shall provide funds in the general appropriations act for the administration of the program at the state level and for grants to be awarded for the salary of local program directors. It is the intent of the General Assembly that grants for local part-time program directors be reduced in proportion to grants for full-time directors. It is also the intent of the General Assembly that local programs be supported in part by local grants and donations, in-kind contributions, federal funds, and other funds which are not state funds.
(G) The Budget and Control Board shall serve as the lead state agency for collecting information and reporting to the General Assembly by February 15, 1995 on sources of funds other than state funds, which may be used to offset the cost of the program at the state and local level. All agencies of the State are directed to assist and cooperate with the Budget and Control Board.
(H) Grant recipients may be:
(1) state agencies, county agencies, or school districts or a consortium of a combination of state agencies and county agencies and school districts; or
(2) non-profit 501 (c)(3) entities or a consortium consisting of one or more 501 (c)(3) entities.
(I) The Budget and Control Board shall:
(1) disseminate information regarding the program to interested groups;
(2) develop and disseminate a request for applications to establish local Volunteer Mentor Programs;
(3) provide technical assistance to grant applicants and ongoing technical assistance as grants are implemented;
(4) administer funds appropriated by the General Assembly;
(5) monitor the grants funded;
(6) revoke a grant if necessary or appropriate;
(7) develop and implement an evaluation system that assesses the efficiency and effectiveness of the program and provide information on how to improve and refine the program;
(8) report annually to the General Assembly on program implementation and the results of the board's evaluation of the program;
(9) promulgate regulations necessary to implement the program including, but not limited to:
(a) qualifications for local program directors;
(b) training for program directors and volunteers;
(c) requirements related to program directors' supervision of volunteers;
(d) criteria for children's admission to the program;
(e) required performance levels for a grant recipient to continue to receive an award;
(f) requirements for screening volunteers;
(g) procedures to be followed in developing and submitting applications; and
(h) criteria for selection of grant recipients;
(10) award grants.
(J) A 501(c)(3) entity or consortium that receives a grant under this section must report to the Budget and Control Board on the implementation of the program. The report must provide information required by the Budget and Control Board to allow the board to evaluate the program./
Amend further, page 39, Section 35, by adding an appropriately numbered item to read:
/( ) Sections 59-66-70(A), (B), (C), (D), (E), (F), (H), (I), and (J)./
Renumber items to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. SCOTT spoke in favor of the amendment.
Rep. KENNEDY moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were not ordered.
The House refused to adjourn by a division vote of 28 to 50.
The SPEAKER Pro Tempore granted Rep. CHAMBLEE a leave of absence for the remainder of the day.
Rep. ROBINSON raised the Point of Order that Amendment No. 63 was out of order as it was not germane.
Rep. HODGES argued contra the point in stating that the Bill dealt with a number of interventions for at risk children and the definition of at risk was defined in another section of the Bill. He further stated, citing Section 14 of the Bill, that the Bill dealt with at risk children and therefore, the amendment was germane.
Rep. SCOTT argued contra the Point in stating that it was germane.
Rep. ROBINSON stated that the amendment had its own definition of at risk and it did not relate to the definition cited.
SPEAKER Pro Tempore WILKINS stated that it attempted to amend articles in the Bill but that it was not germane and he sustained the Point of Order and ruled the amendment out of order.
Rep. HUFF proposed the following Amendment No. 65 (Doc Name L:\council\legis\amend\CYY\16139AC.94), which was adopted.
Amend the bill, as and if amended, Section 59-66-50(A), by deleting lines 41-43 on page 16 and inserting /(7) positive approaches to behavior management./
Amend title to conform.
Rep. HUFF explained the amendment.
The amendment was then adopted.
Rep. HUFF proposed the following Amendment No. 66 (Doc Name L:\council\legis\amend\CYY\16138AC.94), which was adopted.
Amend the bill, as and if amended, Section 59-17-130, by inserting after /at risk children/ on line 36, page 25 /, as defined by the department in regulation,/.
Amend title to conform.
Rep. HUFF explained the amendment.
The SPEAKER Pro Tempore granted Rep. RHOAD a leave of absence for the remainder of the day.
Rep. HUFF continued speaking.
The amendment was then adopted.
Rep. HUFF proposed the following Amendment No. 67 (Doc Name L:\council\legis\amend\CYY\16137AC.94), which was tabled.
Amend the bill, as and if amended, by deleting Section 18 of the bill.
Renumber sections to conform.
Amend title to conform.
Rep. HUFF explained the amendment.
Rep. BAXLEY raised the Point of Order that Amendment No. 67 was out of order as it was the same as a previous amendment, Amendment No. 3, which had been negatived by the House.
Rep. FAIR stated that Amendment No. 3 included Section 18.
Rep. HUFF stated that the amendment offered by Rep. Fair included several other sections in its entirety. He further stated that there may have been certain sections offered by the amendment that members supported but did not support the entire amendment and that this was a different amendment with a new option to vote on a specific section.
SPEAKER Pro Tempore WILKINS stated that Amendment No. 3 struck five sections and this amendment only dealt with Section 18 and he overruled the Point of Order.
Rep. HUFF continued speaking.
Rep. WHIPPER moved to table the amendment, which was agreed to.
Rep. HUFF proposed the following Amendment No. 68 (Doc Name L:\council\legis\amend\CYY\16136AC.94), which was adopted.
Amend the bill, as and if amended, Section 59-66-60, by deleting on page 17, beginning on line 39 /includes, but is not limited to,/ and inserting /means/.
Amend title to conform.
Rep. HUFF explained the amendment.
The amendment was then adopted.
Rep. HUFF proposed the following Amendment No. 69 (Doc Name L:\council\legis\amend\CYY\16135AC.94), which was tabled.
Amend the bill, as and if amended, Section 59-66-50(A), by deleting on page 16, line 32 /in all grades/ and inserting /in grades 6-12/.
Amend further, Section 59-66-50(C), by deleting on page 17, line 17 /in all grades/ and inserting /in grades 6-12/.
Amend title to conform.
Rep. HUFF explained the amendment.
Rep. HODGES spoke against the amendment.
Rep. HUFF spoke in favor of the amendment.
Rep. WHIPPER spoke against the amendment.
Rep. HODGES moved to table the amendment, which was agreed to by a division vote of 51 to 31.
Rep. MARCHBANKS moved that the House do now adjourn.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, J. Byrd Cobb-Hunter Fair Felder Hallman Harrell Kennedy Klauber Koon Littlejohn Marchbanks McAbee Moody-Lawrence Neal Robinson Rudnick Smith, D. Stille Trotter Vaughn Waites Wilder, D. Wilkes Wilkins
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Baker Barber Baxley Boan Breeland Brown, H. Cato Cooper Corning Cromer Davenport Fulmer Gamble Gonzales Govan Graham Harrelson Harris, J. Harrison Harwell Haskins Hodges Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kirsh Lanford Martin McCraw McTeer Meacham Neilson Phillips Quinn Riser Rogers Scott Shissias Simrill Smith, R. Stuart Thomas Tucker Walker Wells Whipper White Wilder, J. Witherspoon Wofford
So, the House refused to adjourn.
Rep. TUCKER proposed the following Amendment No. 73 (Doc Name L:\council\legis\amend\CYY\16104AC.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION__. Section 17-22-60 of the 1976 Code, as last amended by Act 499 of 1992, is further amended to read:
"Section 17-22-60. (A) Intervention shall be is appropriate only where:
(1) The offender is seventeen years of age or older;
(2)(1) there is substantial likelihood that justice will be served if the offender is placed in an intervention program;
(3)(2) it is determined that the needs of the offender and the State can better be met outside the traditional criminal justice process;
(4)(3) it is apparent that the offender poses no threat to the community;
(5)(4) it appears that the offender is unlikely to be involved in further criminal activity;
(6)(5) the offender, in those cases where it is required, is likely to respond quickly to rehabilitative treatment;
(7)(6) the offender has no significant history of prior delinquency or criminal activity.;
(8)(7) The offender has not previously been accepted in a pretrial intervention program.
(B) When jurisdiction in a case involving a child sixteen years of age or older is acquired by the circuit court pursuant to Section 14-21-540 of the 1976 Code, the provision of item (1) of subsection (A) of this section shall not be applicable."/
Amend title to conform.
Rep. TUCKER explained the amendment.
The amendment was then adopted.
Reps. HODGES and MARTIN proposed the following Amendment No. 74 (Doc Name L:\council\legis\amend\CYY\16116AC.94), which was adopted.
Amend the bill, as and if amended, Section 20-7-600(F), by deleting line 11, on page 11 and inserting:
/(5) had in his possession a deadly weapon;
(6) has a demonstrable recent record of wilful failure to comply with prior placement orders including, but not limited to, a house arrest order./
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The SPEAKER granted Rep. KENNEDY a leave of absence for the remainder of the day.
Reps. HODGES and MARTIN proposed the following Amendment No. 75 (Doc Name L:\council\legis\amend\CYY\16109AC.94), which was adopted.
Amend the bill, as and if amended, by deleting Section 10 and inserting:
/SECTION 10. Section 20-7-1330(c), as last amended by Act 615 of 1988, is further amended to read:
"(c) commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children or to place them in family homes or under the guardianship of a suitable person. Commitment must be for an indeterminate period but in no event beyond the child's twenty-first birthday. However, if the child has been adjudicated delinquent for committing a violent offense as defined in Section 16-1-60, the court, in conjunction with the indeterminate sentence, may commit the juvenile to a public or private institution for a determinate period not to exceed two years and during the determinate period the child must not be released;"/
Amend title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
Rep. MATTOS proposed the following Amendment No. 77 (Doc Name L:\council\legis\amend\CYY\16140AC.94), which was adopted.
Amend the bill, as and if amended, Section 20-7-780(B), by inserting after /child/ on page 36, line 1 /under fourteen years of age who is/.
Amend further, Section 20-7-780(B), by adding an appropriately numbered item to read:
/( ) being a Peeping Tom as defined in Section 16-17-470./.
Amend: That treatment be mandated for persons convicted.
Renumber items to conform.
Amend title to conform.
Rep. MATTOS explained the amendment.
The amendment was then adopted.
Rep. NEAL proposed the following Amendment No. 78 (Doc Name L:\council\legis\amend\JIC\5973HTC.94), which was tabled.
Amend the bill, as and if amended, in SECTION 2(1), as contained in Division I, page 5, by striking lines 17 through 21 and inserting:
/number of its secure bed facilities in Columbia and opening smaller sized, secure community facilities. Each secure community facility also shall provide pre-adjudicatory detention facilities in agreement with county plans./
Amend title to conform.
Rep. NEAL explained the amendment.
Rep. HODGES spoke against the amendment.
Rep. MARTIN moved to table the amendment, which was agreed to.
Rep. NEAL proposed the following Amendment No. 79 (Doc Name L:\council\legis\amend\JIC\5970HTC.94), which was tabled.
Amend the bill, as and if amended, page 7, by striking SECTION 7 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. NEAL explained the amendment.
Rep. MARTIN moved to table the amendment, which was agreed to by a division vote of 48 to 17.
Rep. HODGES proposed the following Amendment No. 81 (Doc Name L:\council\legis\amend\CYY\16171AC.94), which was adopted.
Amend the bill, as and if amended, Section 20-7-430(1), as contained in Section 8 of the bill, by deleting lines 28-29 on page 8 and inserting:
/order the minor child to be taken forthwith immediately to the a place of detention designed authorized under Section 20-7-3230 by the court or to that the family court itself,/.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Reps. SCOTT and HODGES proposed the following Amendment No. 82 (Doc Name L:\council\legis\amend\CYY\16174AC.94), which was adopted.
Amend the bill, as and if amended, Division V, Subdivision B, by adding an appropriately numbered section to read:
/SECTION _____. Section 20-7-600 of the 1976 Code is amended by adding an appropriately lettered subsection to read:
"( ) If a child is found violating compulsory school attendance laws without reasonable justification, the child must be taken into custody by law enforcement for the purpose of transporting the child to school. The taking of a child into custody pursuant to this subsection must not be termed an arrest."/
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
Rep. HUFF moved to table the amendment, which was not agreed to by a division vote of 27 to 47.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. SCOTT and HODGES proposed the following Amendment No. 83 (Doc Name L:\council\legis\amend\CYY\16173AC.94), which was adopted.
Amend the bill, as and if amended, by inserting on page 19, line 8:
/Section 59-66-70. (A) There is created the Volunteer Mentor Program to be administered by the Department of Education. The purpose of the program is to promote the establishment of local programs whereby at-risk children are matched with adult volunteers on a one-to-one basis.
(B) The objectives of the program are to:
(1) reduce juvenile crime in local communities served by the program;
(2) recruit community volunteers to provide positive adult role models for at-risk children;
(3) improve the academic performance of students participating in the program; and
(4) meet the physical, intellectual, emotional, and social needs of students participating in the program and improve their attitudes and behavior.
(C) As used in this section, 'at-risk children' means children under the age of twenty-one, who have been referred:
(1) directly by local law enforcement, family court, appropriate state agencies, or the local school district; or
(2) to family court during the immediately preceding twelve months.
(D) Each local program must have a local board of directors or advisory committee which reflects local commitment to the program and is representative of the community. The governing board or advisory committee shall monitor program activity and generate financial support for the program.
(E) Each local program must have at least a part-time program director who is responsible for:
(1) recruiting volunteers;
(2) screening volunteers;
(3) training or facilitating training of volunteers;
(4) matching volunteers with at-risk children;
(5) supervising volunteers;
(6) providing or arranging support services and group activities;
(7) working with the program's governing board or authority or advisory committee;
(8) evaluation of the program; and
(9) record-keeping.
(F) The General Assembly annually shall provide funds in the general appropriations act for the administration of the program at the State level and for grants to be awarded for the salary of local program directors. It is the intent of the General Assembly that grants for local part-time program directors be reduced in proportion to grants for full-time directors. It is also the intent of the General Assembly that local programs be supported in part by local grants and donations, in-kind contributions, federal funds, and other funds which are not state funds.
(G) The Department of Education shall serve as the lead State agency for collecting information and reporting to the General Assembly by February 15, 1995 on sources of funds other than State funds, which may be used to offset the cost of the program at the state and local level. All agencies of the State are directed to assist and cooperate with the Department of Education.
(H) Grant recipients may be:
(1) state agencies, county agencies, or school districts or a consortium of a combination of state agencies and county agencies and school districts; or
(2) non-profit 501 (c)(3) entities or a consortium consisting of one or more 501 (c)(3) entities.
(I) The Department of Education shall:
(1) disseminate information regarding the program to interested groups;
(2) develop and disseminate a request for applications to establish local Volunteer Mentor Programs;
(3) provide technical assistance to grant applicants and ongoing technical assistance as grants are implemented;
(4) administer funds appropriated by the General Assembly;
(5) monitor the grants funded;
(6) revoke a grant if necessary or appropriate;
(7) develop and implement an evaluation system that assesses the efficiency and effectiveness of the program and provide information on how to improve and refine the program;
(8) report annually to the General Assembly on program implementation and the results of the department's evaluation of the program;
(9) promulgate regulations necessary to implement the program including, but not limited to:
(a) qualifications for local program directors;
(b) training for program directors and volunteers;
(c) requirements related to program directors' supervision of volunteers;
(d) criteria for children's admission to the program;
(e) required performance levels for a grant recipient to continue to receive an award;
(f) requirements for screening volunteers;
(g) procedures to be followed in developing and submitting applications; and
(h) criteria for selection of grant recipients;
(10) award grants.
(J) A 501(c)(3) entity or consortium that receives a grant under this section must report to the Department of Education on the implementation of the program. The report must provide information required by the Department of Education to allow the department to evaluate the program./
Amend further, page 39, Section 35, by adding an appropriately numbered item to read:
/( ) Sections 59-66-70(A), (B), (C), (D), (E), (F), (H), (I), and (J)./
Renumber items to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
Rep. MEACHAM moved to table the amendment, which was not agreed to by a division vote of 28 to 38.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. SIMRILL proposed the following Amendment No. 84 (Doc Name L:\council\legis\amend\CYY\16175AC.94), which was adopted.
Amend the bill, as and if amended, by deleting Section 33 and inserting:
/SECTION 33. Section 20-7-3300 of the 1976 Code, as last amended by Section 328, Act 181 of 1993, is further amended to read:
"Section 20-7-3300. Records and information of the department pertaining to juveniles are confidential as provided in Section 20-7-780. However, where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the director must establish policies by which the department may transmit information and records to another department, or agency, or school district of state or local government, or to a school district or to a private institution or facility licensed by the State as a child serving organization, where the information is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. If requested, records a juvenile has been adjudicated and committed to the Department of Juvenile Justice for having committed:
(1) a violent crime as defined in Section 16-1-60;
(2) a crime in which an illegal weapon was used;
(3) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or
(4) an alcohol-related offense for which the penalty is more than one year, the record and information provided to a public or private school by the Department of Juvenile Justice must include in the case of an individual who has been adjudicated for having committed a violent crime, as defined in Section 16-1-60, the unlawful use of possession of a weapon, assault and battery of a high and aggravated nature, or the unlawful sale of drugs whether or not it is considered to be drug trafficking, a copy of, and, if requested, information pertaining to that person's juvenile criminal record. A request for The department must provide the information must be in writing from to the principal of the school the juvenile is attending or seeking to attend and must contain the juvenile's name, address, and social security number as contained in the records of the school district. If a juvenile has been adjudicated and committed to the Department of Juvenile Justice for such an offense enumerated in this section, the person's juvenile criminal record must be provided by the Department of Juvenile Justice to the principal of the school which the juvenile is eligible to attend immediately upon the person's release from the Department of Juvenile Justice. Each school district is responsible for developing a policy for schools to follow within the district which ensures that the confidential nature of these records and of the other information received is maintained. This policy must include at a minimum the retention of the juvenile's criminal record, and other information relating to his criminal record, in the juvenile's school disciplinary file, or in some other confidential location, restricting access to the file and to its contents to school personnel as considered necessary and appropriate to meet and adequately address the educational needs of the juvenile and for the destruction of these records upon the juvenile's completion of secondary school, or upon reaching twenty-one years of age."/
Amend title to conform.
Rep. SIMRILL explained the amendment.
The amendment was then adopted.
Rep. HODGES moved immediate cloture on the entire matter, which was agreed to.
Rep. GRAHAM moved that the House do now adjourn.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Baker Beatty Boan Breeland Byrd Carnell Cato Clyborne Cobb-Hunter Corning Fair Fulmer Graham Hallman Harrell Harrison Hutson Inabinett Klauber Koon Lanford Marchbanks Mattos McAbee Moody-Lawrence Neal Neilson Phillips Riser Robinson Rogers Rudnick Shissias Smith, D. Stille Trotter Vaughn Waites Wilkins
Those who voted in the negative are:
Alexander, T.C. Allison Barber Brown, H. Cooper Cromer Davenport Gamble Gonzales Govan Harris, J. Haskins Hodges Huff Jaskwhich Jennings Keegan Kelley Keyserling Kirsh Littlejohn Martin McCraw McTeer Meacham Quinn Richardson Scott Sheheen Simrill Smith, R. Stuart Thomas Waldrop Walker Wells White Wilder, D. Wilder, J. Witherspoon Wofford Wright Young, A.
So, the House refused to adjourn.
Reps. BREELAND and CANTY proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\N05\7833AC.94), which was ruled out of order.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION _. Chapter 31, Title 23, of the 1976 Code is amended by adding:
Section 23-31-710. This act may be cited as the 'Children's Firearm Protection Act of 1993'.
Section 23-31-720. As used in this article:
(1) 'Trigger-locking device' means a device which prevents the firearm from functioning and which, when applied to the weapon, renders the weapon inoperable.
(2) 'Loaded firearm' means a firearm which has an unexpended cartridge or shell, consisting of a case which holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip of it attached to the firearm. A muzzle-loader firearm is considered to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
(3) 'Locked container' means a secure container which is fully enclosed and locked by a padlock key, lock, combination lock, or similar locking device. The term includes the locked utility or glove compartment of a motor vehicle.
(4) 'Minor' means a person under fourteen years of age.
Section 23-31-730. (A) Except as provided in Section 23-31-740, if a person keeps a loaded firearm on premises under his custody or control and he knows or reasonably should know that a minor is likely to gain access to the firearm without the supervision of the person who has custody or control of the premises and the minor obtains access to the firearm and causes death to himself or another person, the person is guilty of criminal storage of a firearm in the first degree.
(B) Except as provided in Section 23-31-740, if a person keeps a loaded firearm on premises under his custody or control and he knows or reasonably should know that a minor is likely to gain access to the firearm without the supervision of the person who has custody or control of the premises and the minor obtains access to the firearm and causes injury to himself or another person or causes the firearm to discharge, but death does not occur, the person is guilty of criminal storage of a firearm in the second degree.
Section 23-31-740. This article does not apply when:
(1) the minor obtains the firearm as a result of an illegal entry to any premises by any person;
(2) the firearm is kept in a locked container or in a location which a reasonable person would believe to be secure;
(3) the firearm is carried on the person or within such a close proximity so that the individual can readily retrieve and use the firearm as if carried on the person;
(4) the firearm is equipped with a trigger-locking device and the device is on;
(5) the person is a peace officer, police officer, or law enforcement officer, or a member of the armed forces or national guard and the minor obtains the firearm during, or incidental to, the performance of the person's duties;
(6) the minor obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person;
(7) the person who keeps a loaded firearm on premises under his custody or control has no reasonable expectation, based on objective facts and circumstances, that a minor is likely to be present on the premises;
(8) the minor obtains the firearm for target or sport shooting events or hunting.
Section 23-31-750. A person who is convicted of criminal storage of a firearm must be:
(1) imprisoned for not more than three years or fined not more than ten thousand dollars, or both, for criminal storage of a firearm in the first degree;
(2) imprisoned not more than one year or fined not more than one thousand dollars, or both, for criminal storage of a firearm in the second degree.
Section 23-31-760. (A) If the person who violates this article is related within the third degree of consanguinity to a minor who is injured or dies as the result of an accidental shooting, the solicitor shall consider, among other factors, the impact of the injury or death on the person when deciding whether to prosecute a violation. It is the General Assembly's intent that a person related within the third degree of consanguinity to a minor who is injured or dies as the result of an accidental shooting must be prosecuted only in those instances in which the person related within the third degree of consanguinity behaved in a grossly negligent manner or where similarly egregious circumstances exist.
(B) This article may not restrict, in any manner, the factors that a solicitor may consider when deciding whether to prosecute a person who violated this article.
Section 23-31-770. (A) If the person who violates this article is the person related within the third degree of consanguinity to a minor who is injured or who dies as the result of an accidental shooting, no arrest of the person for the violation of this article may occur until at least seven days after the date upon which the accidental shooting occurred.
(B) In addition to the limitation contained in this article, a law enforcement officer shall consider the health status of a minor who suffers great bodily injury as the result of an accidental shooting before arresting a person for a violation of this section, if the person to be arrested is related within the third degree of consanguinity to the injured minor. The intent of this subsection is to encourage law enforcement officials to delay the arrest of a parent or guardian of a seriously injured minor while the minor remains on life-support equipment or is in a similarly critical medical condition.
Section 23-31-780. (A) The fact that the person who violates this article attended a firearm safety training course before the purchase of the firearm that is obtained by a minor in violation of this article must be considered a mitigating factor by a solicitor when he is deciding whether to prosecute the violation.
(B) In an action or trial commenced under this article, the fact that the person who violated this article attended a firearm safety training course before the purchase of the firearm that is obtained by a minor in violation of this article is admissible.
Section 23-31-790. (A) Upon the retail sale or transfer of a firearm, the seller shall deliver a written warning to the purchaser. The warning, written in block letters not less than one-fourth inch in height must state:
'IT IS UNLAWFUL AND PUNISHABLE BY IMPRISONMENT AND FINE FOR ANY ADULT TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR.'
(B) A retail dealer who sells firearms shall conspicuously post at each purchase counter a warning written in block letters not less than one inch in height that states:
'IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OF EASY ACCESS OF A MINOR.'
(C) A person who knowingly violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars."
SECTION __. Chapter 32, Title 59 of the 1976 Code is amended by adding:
"Section 59-32-25. In addition to the comprehensive health education program, the department shall develop a gun safety program for public health for implementation in the schools of this State."/
Renumber sections to conform.
Amend title to conform.
Rep. COOPER raised the Point of Order that Amendment No. 9 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Reps. BREELAND and CANTY proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\CYY\16117AC.94), which was tabled.
Amend the bill, as and if amended, Section 59-66-340(B), as contained in Section 14 of the bill, by adding an appropriately numbered item at the end to read:
/( ) contain provisions for attaining a registered school nurse-student ratio of at least one nurse for every two thousand students by school year 1994-95. The school nurse-student ratio must be reduced after that year as follows:
(a) school year 1995-96: one nurse for every one thousand five hundred students;
(b) school year 1996-97; one nurse for every one thousand students;
(c) school year 1997-98; one nurse for every seven hundred fifty students.
The number of students in each district in a particular school year for purposes of this section must be based on the one hundred thirty-five day count of the average daily membership during the previous year.
The State Board of Education shall fund school based or school linked nursing services in accordance with the State Board of Education's funding plan submitted to the General Assembly in compliance with Proviso 28.70, Act 164 of 1993./
Renumber items to conform.
Amend title to conform.
Rep. BAKER raised the Point of Order that Amendment No. 10 was out of order as it was not germane.
The SPEAKER, citing Section 340 on page 20 of the Bill, overruled the Point of Order.
Rep. BEATTY explained the amendment.
Rep. HODGES spoke against the amendment.
Rep. QUINN moved to table the amendment, which was agreed to by a division vote of 52 to 13.
Reps. BREELAND and CANTY proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\CYY\16118AC.94), which was tabled.
Amend the bill, as and if amended, Section 59-66-340(B), as contained in Section 14 of the bill, by adding an appropriately numbered item at the end to read:
/( ) contain provisions for attaining a registered school nurse-student ratio of at least one nurse for every one thousand students in grades 1-5 by school year 1994-95. The school nurse-student ratio must be reduced in school year 1995-96 to one nurse for every seven hundred and fifty students.
The number of students in each district in a particular school year for purposes of this section must be based on the one hundred thirty-five day count of the average daily membership during the previous school year.
The State Board of Education shall promulgate regulations to develop a supplemental funding plan to maximize supplemental funding sources including, but not limited to, Medicaid, Chapter One, Public Law 94-142, Public Law 99-457, and the Drug-Free School and Committee Act of 1986, for the school nurse positions required by this section in addition to the funding a school district receives from state, county, or district sources. These supplemental funding sources shall provide supplemental funding to the school districts which require additional funding in order to comply with the provisions of this section. The board shall work in conjunction with local school districts, the State Health and Human Services Finance Commission, the South Carolina Department of Health and Environmental Control, the School Nurse Council of the South Carolina Nurses Association, the Joint Legislative Committee on Health Care Planning and Oversight, the Joint Legislative Committee on Families and Children, and any other interested group or agency to develop this supplemental funding plan. The supplemental funding plan must be developed and implemented by school year 1994-95./
Renumber items to conform.
Amend title to conform.
Rep. WOFFORD moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\CYY\16119AC.94), which was tabled.
Amend the bill, as and if amended, Section 59-66-340(B), as contained in Section 14 of the bill, by adding an appropriately numbered item at the end to read:
/( ) contain provisions for attaining a registered school nurse-student ratio of at least one nurse for every one thousand students in grades 1-8 by school year 1994-95. The school nurse-student ratio must be reduced in school year 1995-96 to one nurse for every seven hundred and fifty students.
The number of students in each district in a particular school year for purposes of this section must be based on the one hundred thirty-five day count of the average daily membership during the previous school year.
The State Board of Education shall promulgate regulations to develop a supplemental funding plan to maximize supplemental funding sources including, but not limited to, Medicaid, Chapter One, Public Law 94-142, Public Law 99-457, and the Drug-Free School and Committee Act of 1986, for the school nurse positions required by this section in addition to the funding a school district receives from state, county, or district sources. These supplemental funding sources shall provide supplemental funding to the school districts which require additional funding in order to comply with the provisions of this section. The board shall work in conjunction with local school districts, the State Health and Human Services Finance Commission, the South Carolina Department of Health and Environmental Control, the School Nurse Council of the South Carolina Nurses Association, the Joint Legislative Committee on Health Care Planning and Oversight, the Joint Legislative Committee on Families and Children, and any other interested group or agency to develop this supplemental funding plan. The supplemental funding plan must be developed and implemented by school year 1994-95./
Renumber items to conform.
Amend title to conform.
Rep. WOFFORD moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\CYY\16120AC.94), which was tabled.
Amend the bill, as and if amended, Section 59-66-340(B), as contained in Section 14 of the bill, by adding an appropriately numbered item at the end to read:
/( ) contain provisions for attaining a registered school nurse-student ratio of at least one nurse for every one thousand students in grades 1-12 by school year 1994-95. The school nurse-student ratio must be reduced in school year 1995-96 to one nurse for every seven hundred and fifty students.
The number of students in each district in a particular school year for purposes of this section must be based on the one hundred thirty-five day count of the average daily membership during the previous school year.
The State Board of Education shall promulgate regulations to develop a supplemental funding plan to maximize supplemental funding sources including, but not limited to, Medicaid, Chapter One, Public Law 94-142, Public Law 99-457, and the Drug-Free School and Committee Act of 1986, for the school nurse positions required by this section in addition to the funding a school district receives from state, county, or district sources. These supplemental funding sources shall provide supplemental funding to the school districts which require additional funding in order to comply with the provisions of this section. The board shall work in conjunction with local school districts, the State Health and Human Services Finance Commission, the South Carolina Department of Health and Environmental Control, the School Nurse Council of the South Carolina Nurses Association, the Joint Legislative Committee on Health Care Planning and Oversight, the Joint Legislative Committee on Families and Children, and any other interested group or agency to develop this supplemental funding plan. The supplemental funding plan must be developed and implemented by school year 1994-95./
Renumber items to conform.
Amend title to conform.
Rep. TROTTER moved to table the amendment, which was agreed to by a division vote of 45 to 14.
Reps. BREELAND and CANTY proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\N05\7834AC.94), which was tabled.
Amend the bill, as and if amended, Division II, by adding an appropriately numbered SECTION to read:
/SECTION __. (A) Except for the exemptions listed in subsection (B), the Fiscal Year 1994-95 general fund appropriations of each agency of the State must be reduced in order to provide for the provisions of this act. The Budget and Control Board shall develop a plan for the reduction of appropriations and the distributions of the funds needed to carry out this act. However, the reduction may not be taken from appropriations for personal service except for positions vacated due to attrition or retirement. (B) The following are exempt from the reduction:
(1) Department of Education;
(2) Judicial Department;
(3) Budget and Control Board Employee Benefits;
(4) Budget and Control Board Capital Reserve Fund;
(5) Debt Service;
(6) Aid to Subdivisions;
(7) federal retiree settlement funds;
(8) employee pay raises./
Renumber sections to conform.
Amend title to conform.
Rep. SIMRILL moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\GJK\20841AC.94), which was tabled.
Amend the bill, as and if amended, by deleting on page 5, line 18, /in at least four areas of the State:/ and inserting /in these areas of the State:/
Amend the bill further, as and if amended, by inserting after /Low Country,/ page 5, line 19, /Waccamaw, Catawba, Appalachia, Central Midlands, Lower Savannah, Upper Savannah, Charleston, Santee, Lynches,/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HALLMAN moved to table the amendment, which was agreed to.
Rep. ROBINSON moved that the House do now adjourn.
Rep. RUDNICK raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Brown, J. Byrd Carnell Fair Marchbanks McAbee Robinson Stille Trotter Vaughn
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Barber Boan Breeland Brown, H. Cato Cooper Corning Cromer Davenport Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harrison Harwell Haskins Hodges Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kirsh Lanford Law Littlejohn Martin McCraw McTeer Meacham Neal Neilson Phillips Quinn Richardson Riser Rudnick Scott Sheheen Shissias Simrill Smith, D. Smith, R. Stuart Thomas Tucker Waites Waldrop Walker Wells Wilder, D. Wilder, J. Witherspoon Wofford Wright Young, A.
So, the House refused to adjourn.
Reps. BREELAND and CANTY proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\GJK\20843AC.94), which was tabled.
Amend the bill, as and if amended, by deleting /middle/ on page 6, line 10, and inserting /elementary, middle,/
Renumber sections to conform.
Amend totals and title to conform.
Rep. WELLS moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\GJK\20844AC.94), which was tabled.
Amend the bill, as and if amended, by deleting lines 18 and 19 on page 5 and inserting:
/sized, regional secure facilities in the Department of Health and Environmental Control health districts in the State. Each/
Renumber sections to conform.
Amend totals and title to conform.
Rep. SIMRILL moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\GJK\20845AC.94), which was tabled.
Amend the bill, as and if amended, by deleting item (1) of SECTION 35, which is contained on line 31 of page 39.
Renumber sections to conform.
Amend totals and title to conform.
Rep. WOFFORD moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 19 (Doc Name L:\council\legis\amend\GJK\20846AC.94), which was tabled.
Amend the bill, as and if amended, by deleting SECTION 6 in its entirety which is contained on page 7, lines 27 through 35.
Renumber sections to conform.
Amend totals and title to conform.
Rep. RICHARDSON moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 20 (Doc Name L:\council\legis\amend\GJK\20847AC.94), which was ruled out of order.
Amend the bill, as and if amended, by deleting SECTION 7 in its entirety which begins on page 7.
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES raised the Point of Order that Amendment No. 20 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Reps. BREELAND and CANTY proposed the following Amendment No. 21 (Doc Name L:\council\legis\amend\GJK\20848AC.94), which was tabled.
Amend the bill, as and if amended, by deleting SECTION 8 in its entirety which begins on page 8
Renumber sections to conform.
Amend totals and title to conform.
Rep. WOFFORD moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 22 (Doc Name L:\council\legis\amend\GJK\20849AC.94), which was tabled.
Amend the bill, as and if amended, by deleting Section 20-7-430(4) of the 1976 Code as contained in SECTION 8 and inserting:
/(4) If a child sixteen years of age or older is charged with an offense which would be a misdemeanor or felony if committed by an adult and if the court, after full investigation, deems it contrary to the best interest of such child or of the public to retain jurisdiction, the court may, in its discretion, acting as committing magistrate, bind over such child for proper criminal proceedings to any court which would have trial jurisdiction of such offense if committed by an adult./
Renumber sections to conform.
Amend totals and title to conform.
Rep. SIMRILL moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 23 (Doc Name L:\council\legis\amend\GJK\20850AC.94), which was tabled.
Amend the bill, as and if amended, by deleting Section 20-7-430(5) of the 1976 Code, as contained in SECTION 8, on page 5 and inserting:
/ (5) If a child fourteen or fifteen years of age who has two prior and unrelated adjudications of assault, assault and battery with intent to kill, assault and battery of a high and aggravated nature, arson, housebreaking, burglary, kidnapping, attempted criminal sexual conduct or robbery and is currently charged with a third or subsequent such offense, the court may after full investigation and hearing, if it deems it contrary to the best interest of such child or of the public to retain jurisdiction, acting as committing magistrate, bind over such child for proper criminal proceedings to any court which would have trial jurisdiction of such offenses if committed by an adult./
Renumber section to conform.
Amend title to conform.
Rep. SIMRILL moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 24 (Doc Name L:\council\legis\amend\GJK\20851AC.94), which was tabled.
Amend the bill, as and if amended, by deleting Division VI which begins one page 33 in its entirety
Renumber divisions to conform.
Renumber sections to conform.
Amend title to conform.
Rep. HODGES moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 25 (Doc Name L:\council\legis\amend\BBM\9178AC.94), which was tabled.
Amend the bill, as and if amended, by deleting Section 20-7-430(9), page 10, and inserting:
/"(9) If a child fifteen years of age or older is charged with a violation of Section 16-23-430(1) or Section 44-53-445, the court may after full investigation and hearing, if it considers it contrary to the best interest of the child or the public to retain jurisdiction, acting as committing magistrate, bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offenses if committed by an adult."/
Amend title to conform.
Rep. SIMRILL moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 26 (Doc Name L:\council\legis\amend\BBM\9179AC.94), which was tabled.
Amend the bill, as and if amended, Section 20-7-430(9), by deleting /fifteen fourteen/ on page 10, line 11 and inserting /fifteen/.
Amend title to conform.
Rep. HODGES moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 27 (Doc Name L:\council\legis\amend\BBM\9180AC.94), which was tabled.
Amend the bill, as and if amended, Section 20-7-600(F)(2)(d), by deleting /felonies crimes/ on page 10, line 42, and inserting /felonies/.
Amend title to conform.
Rep. QUINN moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 28 (Doc Name L:\council\legis\amend\BBM\9181AC.94), which was tabled.
Amend the bill, as and if amended, Section 20-7-600(F) by deleting lines 10-11 on page 11 and inserting /or program./
Amend title to conform.
Rep. ALLISON moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 29 (Doc Name L:\council\legis\amend\BBM\9182AC.94), which was tabled.
Amend the bill, as and if amended, Section 20-7-600(H), by deleting lines 32-33 on page 11 and inserting /of its juveniles, and if commitment of a juvenile by the court to that facility does not cause it to exceed its design and operational capacity,/.
Amend title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 30 (Doc Name L:\council\legis\amend\BBM\9183AC.94), which was tabled.
Amend the bill, as and if amended, Section 20-7-600(H), by deleting lines 36-38 on page 11 and inserting /in accordance with the rules of practice in a family court. However, a juvenile must not be detained in secure confinement in excess of ninety days. If the child does not qualify for detention or otherwise/.
Amend title to conform.
Rep. HASKINS moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 31 (Doc Name L:\council\legis\amend\BBM\9184AC.94), which was tabled.
Amend the bill, as and if amended, Section 20-7-600(H), by deleting lines 41-42 on page 11 and inserting /person./
Amend title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 32 (Doc Name L:\council\legis\amend\BBM\9185AC.94), which was tabled.
Amend the bill, as and if amended, by deleting SECTION 10 in its entirety.
Amend title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 33 (Doc Name L:\council\legis\amend\BBM\9186AC.94), which was tabled.
Amend the bill, as and if amended, by deleting SECTION 11 in its entirety.
Amend title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 34 (Doc Name L:\council\legis\amend\BBM\9187AC.94), which was tabled.
Amend the bill, as and if amended, SECTION 35, by deleting item (2).
Renumber items to conform.
Amend title to conform.
Rep. SIMRILL moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 35 (Doc Name L:\council\legis\amend\BBM\9188AC.94), which was tabled.
Amend the bill, as and if amended, Section 20-7-1330(c), by deleting lines 10-15 on page 12 and inserting /adjudicated delinquent/.
Amend title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 36 (Doc Name L:\council\legis\amend\JIC\5927AC.94), which was tabled.
Amend the bill, as and if amended, by striking SECTION 12 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 37 (Doc Name L:\council\legis\amend\JIC\5928AC.94), which was tabled.
Amend the bill, as and if amended, SECTION 35, by deleting item (3).
Renumber sections to conform.
Amend title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 38 (Doc Name L:\council\legis\amend\JIC\5929AC.94), which was tabled.
Amend the bill, as and if amended, by deleting SECTION 13 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 39 (Doc Name L:\council\legis\amend\JIC\5930AC.94), which was tabled.
Amend the bill, as and if amended, Section 59-63-210(B) by deleting /must/ on page 13, line 14 and inserting /may/.
Amend title to conform.
Rep. SIMRILL moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 40 (Doc Name L:\council\legis\amend\JIC\5931AC.94), which was tabled.
Amend the bill, as and if amended, Section 59-63-210(B), by deleting lines 17 through 34 on page 13 and inserting:
/an offense/.
Amend title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 41 (Doc Name L:\council\legis\amend\JIC\5932AC.94), which was tabled.
Amend the bill, as and if amended, Section 59-66-10(A), by deleting /anectodal/ on line 13, page 14 and by inserting after /evidence/ on line 14, page 14 /beyond a reasonable doubt/.
Amend title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 42 (Doc Name L:\council\legis\amend\JIC\5933AC.94), which was tabled.
Amend the bill, as and if amended, Section 59-66-10(A), by deleting /anecdotal/ on line 13, page 14 and inserting /and convincing/.
Amend title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 43 (Doc Name L:\council\legis\amend\JIC\5934AC.94), which was tabled.
Amend the bill, as and if amended, Section 59-66-10(A), by deleting lines 19 through 20 on page 14 and inserting /20-7-600/.
Amend title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 44 (Doc Name L:\council\legis\amend\JIC\5935AC.94), which was tabled.
Amend the bill, as and if amended, Section 59-66-30(B), by deleting /school officials/ on line 42, page 15, and inserting /school teachers/.
Amend title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 45 (Doc Name L:\council\legis\amend\JIC\5936AC.94), which was tabled.
Amend the bill, as and if amended, Section 59-66-40(A) by deleting /Before January 16, 1996, the State Board/ on line 4, page 16 and inserting /The State Board/.
Amend title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 46 (Doc Name L:\council\legis\amend\JIC\5937AC.94), which was tabled.
Amend the bill, as and if amended, Section 59-66-40(A), by deleting /may/ on line 13, page 16 and inserting /shall/.
Amend title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 47 (Doc Name L:\council\legis\amend\JIC\5938AC.94), which was tabled.
Amend the bill, as and if amended, Section 59-66-50(A), by deleting /Before July 1, 1996/ on line 28, page 16, and inserting /Before August 15, 1994/.
Amend title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 48 (Doc Name L:\council\legis\amend\JIC\5939AC.94), which was tabled.
Amend the bill, as and if amended, by deleting Section 59-66-50 as contained in Section 14 of the bill.
Amend title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 49 (Doc Name L:\council\legis\amend\JIC\5940AC.94), which was tabled.
Amend the bill, as and if amended, Section 59-66-50(C), by deleting on page 17, line 15 /Beginning with the 1996-97 school year/ and inserting /Beginning with the 1994-95 school year/.
Amend title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 50 (Doc Name L:\council\legis\amend\JIC\5941AC.94), which was tabled.
Amend the bill, as and if amended, Section 59-66-60(A), by deleting lines 35 through 37 on page 17 and inserting /juvenile crime./.
Amend title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 51 (Doc Name L:\council\legis\amend\JIC\5942AC.94), which was tabled.
Amend the bill, as and if amended, Section 59-66-60(A), by deleting lines 41 through 43 on page 17 and lines 1 through 3 on page 18 and inserting /documented by school disciplinary records./.
Amend title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 52 (Doc Name L:\council\legis\amend\JIC\5943AC.94), which was tabled.
Amend the bill, as and if amended, Section 59-66-60, by deleting subsection (B).
Reletter subsections to conform.
Amend title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 53 (Doc Name L:\council\legis\amend\JIC\5943AC.94), which was tabled.
Amend the bill, as and if amended, Section 59-66-60, by deleting subsection (B).
Reletter subsections to conform.
Amend title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Rep. NEAL proposed the following Amendment No. 54 (Doc Name L:\council\legis\amend\JIC\5952HTC.94), which was tabled.
Amend the bill, as and if amended, in Section 59-63-210, as contained in SECTION 13, page 13, line 7, by striking /suspension/ and inserting /suspension, in school suspension for nonviolent offenses/.
Amend title to conform.
Rep. NEAL moved to table the amendment, which was agreed to.
Rep. NEAL proposed the following Amendment No. 55 (Doc Name L:\council\legis\amend\JIC\5949HTC.94), which was tabled.
Amend the bill, as and if amended, in Section 20-7-1351, as contained in SECTION 27, page 33, by striking lines 26 through 28 and inserting:
/wilful noncompliance and noncooperation with the treatment, rehabilitative, or supervision services required by the court and then only until compliance with these requirements is obtained. In considering a contempt citation the court shall consider the availability or lack of appropriate counselling services in the area. Parents also may be/.
Amend title to conform.
Rep. NEAL moved to table the amendment, which was agreed to.
Reps. CLYBORNE, BAKER, TROTTER, LANFORD, VAUGHN, CORNING, ALLISON, LITTLEJOHN, FULMER, R. SMITH, SHISSIAS, A. YOUNG, WILKINS, WELLS, WOFFORD, SIMRILL, HUTSON, STONE and MEACHAM proposed the following Amendment No. 57 (Doc Name L:\council\legis\amend\CYY\16124AC.94), which was tabled.
Amend the bill, as and if amended, by striking Section 7 and inserting:
/SECTION 7. Section 20-7-410 of the 1976 Code, as last amended by Section 281, Act 181 of 1993, is further amended to read:
"Section 20-7-410. (A) The magistrate courts and municipal courts of this State have concurrent jurisdiction with the family courts for the trial of persons under seventeen years of age charged with traffic violations or violations of the provisions of Title 50 relating to fish, game, and watercraft when these courts would have jurisdiction of the offense charged if committed by an adult.
(B) The circuit courts of this State have concurrent jurisdiction with the family courts for the trial of persons sixteen years of age charged with committing a Class A, B, C, or D felony as defined in Section 16-1-90 or a felony which provides for a maximum term of imprisonment of fifteen years or more. To invoke the jurisdiction of the circuit court, the solicitor shall present that person for indictment before the grand jury before the filing of a petition in family court.
(C) The family court shall report all adjudications of juveniles persons under seventeen years of age for moving traffic violations to the Department of Public Safety as required by other courts of this State pursuant to Section 56-1-330 and adjudications of the provisions of Title 50 to the Department of Natural Resources."/
Amend further, by striking Section 8 and inserting:
/SECTION 8. Section 20-7-430 of the 1976 Code, as last amended by Act 579 of 1990, is further amended to read:
"Section 20-7-430. Jurisdiction over a case involving a juvenile may child must be transferred in the following instances or retained as follows:
(1) If, during the pendency of a criminal or quasi-criminal charge against any minor a child in a circuit court of this State, it shall be is ascertained that the minor child was under the age of seventeen years at the time of committing the alleged offense, it shall be is the duty of such the circuit court forthwith immediately to transfer the case, together with all the papers, documents, and testimony connected therewith with the case, to the family court of competent jurisdiction, except in those cases where the Constitution gives to the circuit court exclusive jurisdiction or in those cases where jurisdiction has properly been transferred to the circuit court by the family court under the provisions of this section. The court making such the transfer shall order the minor child to be taken forthwith immediately to the place of detention designed designated by the court or to that court itself, or shall release such minor the child to the custody of some suitable person to be brought before the court at a time designated. The court shall then shall proceed as provided in this article. Notwithstanding any other provision of law, the provisions of this This section shall be is applicable to all existing offenses embraced therein, irrespective of whether such offenses may be directed solely at children coming within the scope of this article and shall likewise be applicable and to such offenses as shall be created in the future unless the General Assembly shall specifically directs otherwise direct.
(2) Whenever If a person child is brought before a magistrate or city recorder and, in the opinion of the magistrate or city recorder, the person child should be brought to the family court of competent jurisdiction under the provisions of this section, the magistrate or city recorder shall thereupon transfer such the case to the family court and direct that the persons child involved be taken thereto there.
(3) When If an action is brought in any county court or a circuit court which, in the opinion of the judge thereof, falls more appropriately within the jurisdiction of the family court, he the judge may transfer the action thereto upon his the judge's own motion or the motion of any party.
(4) If a child sixteen years of age or older is charged with an a nonviolent offense which would be a misdemeanor or felony if committed by an adult as defined in Section 16-1-70 and if the court, after full investigation, deems considers it contrary to the best interest of such the child or of the public to retain jurisdiction, the court may, in its discretion, acting as committing magistrate, may bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such the offense if committed by an adult.
(5) If a child fourteen or fifteen years of age or older who has two prior and unrelated adjudications of assault, assault and battery with intent to kill, assault and battery of a high and aggravated nature, arson, housebreaking, burglary, kidnapping, attempted criminal sexual conduct or robbery a Class A, B, C, or D felony as defined in Section 16-1-90 and is currently charged with a third or subsequent such offense, the court, may after full investigation and hearing, if it deems considers it contrary to the best interest of such the child or of the public to retain jurisdiction, acting as committing magistrate, may bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such offenses the offense if committed by an adult.
(6) Within thirty days after the filing of a petition in the family court alleging the child has committed the offense of murder, or criminal sexual conduct, armed robbery, or assault and battery with intent to kill, the person executing the petition may request in writing that the case be transferred to the court of general sessions with a view to proceeding against the child as a criminal rather than as a child coming within the purview of this article. The judge of the family court is authorized to determine this request. If the request is denied, the petitioner may appeal within five days to the circuit court. Upon the hearing of the appeal, the judge of the circuit court is vested with the discretion of exercising and asserting the jurisdiction of the court of general sessions or of relinquishing jurisdiction to the family court. If the circuit judge elects to exercise the jurisdiction of the general sessions court for trial of the case, he the judge shall issue an order to that effect, and then the family court has no further jurisdiction in the matter.
(7) Once the family court relinquishes its jurisdiction over the child and the child is bound over to be treated as an adult, or in cases where the circuit court has concurrent jurisdiction through the direct indictment of a juvenile in the circuit court, the provisions of Section 20-7-780 dealing with the confidentiality of identity and fingerprints will are not be applicable.
(8) When jurisdiction is relinquished by the family court in favor of another court, the court shall have has full authority and power to grant bail, hold a preliminary hearing and any other powers as now provided by law for magistrates in such these cases.
(9) If a child fifteen fourteen years of age or older is charged with a violation of Section 16-23-430(1), Section 16-23-20, assault and battery of a high and aggravated nature, or Section 44-53-445, the court, may after full investigation and hearing, if it considers it contrary to the best interest of the child or the public to retain jurisdiction, acting as committing magistrate, may bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offenses offense if committed by an adult."/
Amend title to conform.
Rep. CLYBORNE moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 59 by Rep. CLYBORNE.
Rep. CLYBORNE moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 60 by Reps. CLYBORNE, et al.
Rep. CLYBORNE moved to table the amendment, which was agreed to.
Reps. CLYBORNE, CORNING, TROTTER, VAUGHN, LANFORD, R. SMITH, A. YOUNG, WOFFORD, SIMRILL, HUTSON, BAKER, WILKINS, STONE, MEACHAM, FULMER and HALLMAN proposed the following Amendment No. 61 (Doc Name L:\council\legis\amend\CYY\16114AC.94), which was ruled out of order.
Amend the bill, as and if amended, by striking Section 14.
Renumber sections to conform.
Amend title to conform.
Rep. HODGES raised the Point of Order that Amendment No. 61 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Reps. CLYBORNE, BAKER, LANFORD, ALLISON, VAUGHN, CORNING, A. YOUNG, WOFFORD, TROTTER, HALLMAN, LITTLEJOHN, SIMRILL, HUTSON, STONE, WILKINS, WELLS, MEACHAM and FULMER proposed the following Amendment No. 62 (Doc Name L:\council\legis\amend\CYY\16115AC.94), which was tabled.
Amend the bill, as and if amended, by striking Sections 16 and 17.
Renumber sections to conform.
Amend title to conform.
Rep. CLYBORNE moved to table the amendment, which was agreed to.
Rep. CANTY proposed the following Amendment No. 64 (Doc Name L:\council\legis\amend\CYY\16141AC.94), which was tabled.
Amend the bill, as and if amended, by deleting Section 59-63-210(A) and inserting:
/Section 59-63-210(A). Any A district board of trustees may authorize or order the expulsion, suspension, or transfer of any a pupil who is convicted or pleads guilty or nolo contendere or is adjudicated delinquent for a commission of any a crime, or for commission of gross immorality, gross behavior, or persistent disobedience, or for violation of written rules and regulations established by the district board, county board, or the State Board of Education, or when the presence of the pupil is detrimental to the best interest of the school./
Amend title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Rep. HODGES proposed the following Amendment No. 70 (Doc Name L:\council\legis\amend\N05\7846BDW.94), which was tabled.
Rule 5.14, with unanimous consent, was waived.
Rep. MARTIN moved to table the amendment, which was agreed to.
Rep. McLEOD proposed the following Amendment No. 71 (Doc Name L:\council\legis\amend\PT\1229DW.94), which was tabled.
Amend the bill, as and if amended, by striking all after enacting words and inserting:
/SECTION 1. Item 1 of Section 20-7-30 of the 1976 Code is amended to read:
"(1) 'Child', 'juvenile', or 'minor', or any combination of these terms means a person under the age of eighteen whose age makes him subject to the exclusive original jurisdiction of the family court."
SECTION 2. Section 20-7-390 of the 1976 Code is amended to read:
"Section 20-7-390. When used in this article, unless the context otherwise requires, 'child', 'juvenile', or minor means a person: less than seventeen years of age, where the child is dealt with as a juvenile delinquent. Where the child is dealt with as a dependent or neglected child the term 'child' shall mean a person under eighteen years of age.
(1) under eighteen years of age when the person is charged with a status offense or dealt with as a dependent, abused, or neglected child;
(2) under fourteen years of age when the person is charged with a felony, violent crime as defined by Section 16-1-60, possession of a firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), possession of a weapon (a knife with a blade over two inches long, a blackjack, or an object which may be used to inflict bodily injury or death), or any offense which is accomplished or attempted with the use, presentation, carrying, display, possession, or threat of a firearm or weapon as identified above;
(3) under sixteen years of age when the person is charged with a violation of another state or local law or municipal ordinance not identified in item (1) or (2)."
SECTION 3. Section 20-7-400 of the 1976 Code, as last amended by Act 571 of 1990, is further amended to read:
"Section 20-7-400. (A) Except as otherwise provided herein in this section, the family court shall have has exclusive original jurisdiction and shall be is the sole court for initiating action:
(1) concerning any a child living or found within the geographical limits of its jurisdiction:
(a) who is neglected as to proper or necessary support or education as required by law, or as to medical, psychiatric, psychological, or other care necessary to his well-being, or who is abandoned by his parent or other custodian;
(b) whose occupation, behavior, condition, environment, or associations are such as to injure or endanger his welfare or that of others;
(c) who is beyond the control of his parent or other custodian;
(d) who is alleged to have violated or attempted to violate any state or local law or municipal ordinance, regardless of where the violation occurred except as provided in Section 20-7-410;
(e) whose custody is the subject of controversy, except in those cases where the law now gives other courts concurrent jurisdiction. In the consideration of these cases, the court shall have concurrent jurisdiction to hear and determine the issue of custody and support.
(2) for the treatment or commitment to any a mental institution of a mentally defective or mentally disordered or emotionally disturbed child. Provided, that Nothing herein in this section is intended to conflict with the authority of probate courts in dealing with mental cases.;
(3) concerning any child seventeen years of age or over, a person living or found within the geographical limits of the court's jurisdiction, alleged to have violated or attempted to violate any state or local law or municipal ordinance prior to having become seventeen years of age and such whose age, at the time of the violation, would have made the person subject to the exclusive jurisdiction of the family court. The person shall must be dealt with under the provisions of this chapter relating to children.;
(4) for the detention of a juvenile in a juvenile detention facility who is charged with committing a criminal offense when detention in a secure facility is found to be necessary pursuant to the standards set forth in Section 20-7-600 and when the facility exists in, or is otherwise available to, the county in which the crime occurred.
(B) Whenever When the court has acquired the jurisdiction of any a child under seventeen years of age, jurisdiction continues so long as, in the judgment of the court, it may be necessary in the judgment of the court, to retain jurisdiction for the correction or education of the child, but jurisdiction shall terminate when the child attains the age of twenty-one years. Any A child who has been adjudicated delinquent and placed on probation by the court remains under the authority of the court only until the expiration of the specified term of his probation. This specified term of probation may expire before but not after the eighteenth birthday of the child."
SECTION 4. Section 20-7-410 of the 1976 Code, as last amended by Section 281, Act 181 of 1993, is further amended to read:
"Section 20-7-410. The magistrate courts and municipal courts of this State have concurrent jurisdiction with the family courts for the trial of persons under seventeen sixteen years of age charged with traffic violations or violations of the provisions of Title 50 relating to fish, game, and watercraft when these courts would have jurisdiction of the offense charged if committed by an adult. The family court shall report all adjudications of juveniles for moving traffic violations to the Department of Public Safety as required by other courts of this State pursuant to Section 56-1-330 and adjudications of the provisions of Title 50 to the Department of Natural Resources."
SECTION 5. Section 20-7-430 of the 1976 Code, as last amended by Act 579 of 1990, is further amended to read:
"Section 20-7-430. Jurisdiction over a case involving a juvenile may be transferred in the following instances:
(1) If, during the pendency of a criminal or quasi-criminal charge against any minor a person in a circuit court of this State, it shall be is ascertained that the minor was under the age of seventeen years person was subject to the exclusive original jurisdiction of the family court at the time of committing the alleged offense, it shall be is the duty of such the court forthwith immediately to transfer the case, together with all the papers, documents, and testimony connected therewith with it, to the family court of competent jurisdiction, except in those cases where the Constitution gives to the circuit court exclusive jurisdiction or in those cases where jurisdiction has properly been transferred to the circuit court by the family court under the provisions of this section. The court making such the transfer shall order the minor person to be taken forthwith immediately to the place of detention designed by the court or to that court itself, or shall release such minor the person to the custody of some suitable person to be brought before the court at a time designated. The court shall then shall proceed as provided in this article. Notwithstanding any other provision of law, The provisions of this section shall be are applicable to all existing offenses embraced therein, irrespective of whether such offenses may be directed solely at children coming within the scope of this article and shall likewise be and applicable to such offenses as shall be created in the future unless the General Assembly shall specifically directs otherwise direct.
(2) Whenever a person under the age of sixteen is brought before a magistrate or city recorder and, in the opinion of the magistrate or city recorder, the person should be brought to the family court of competent jurisdiction under the provisions of this section, the magistrate or city recorder shall thereupon transfer such the case to the family court and direct that the persons involved be taken thereto there.
(3) When an action is brought in any county court or circuit court which, in the opinion of the judge thereof, falls within the jurisdiction of the family court, he may transfer the action thereto upon his own motion or the motion of any party.
(4) If a child sixteen years of age or older is charged with an offense which would be a misdemeanor or felony if committed by an adult and if the court, after full investigation, deems it contrary to the best interest of such child or of the public to retain jurisdiction, the court may, in its discretion, acting as committing magistrate, bind over such child for proper criminal proceedings to any court which would have trial jurisdiction of such offense if committed by an adult.
(5) If a child under the age of fourteen or fifteen years of age who has two prior and unrelated adjudications of assault, assault and battery with intent to kill, assault and battery of a high and aggravated nature, arson, housebreaking, burglary, kidnapping, attempted criminal sexual conduct or robbery a felony, violent crime as defined in Section 16-1-60, possession of a firearm as defined in Section 20-7-390, or an offense which is accomplished or attempted with the use, presentation, carrying, displaying, possession, or threat of a firearm or weapon and is currently charged with a third or subsequent such offense, the court, may after full investigation and hearing, if it deems considers it contrary to the best interest of such the child or of the public to retain jurisdiction, acting may act as committing magistrate, and bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such the offenses if committed by an adult.
(6)(5) Within thirty days after the filing of a petition in the family court alleging the child has committed the offense of murder or criminal sexual conduct, the person executing the petition may request in writing that the case be transferred to the court of general sessions with a view to proceeding against the child as a criminal an adult rather than as a child coming within the purview of this article. The judge of the family court is authorized to determine this request. If the request is denied, the petitioner may appeal within five days to the circuit court. Upon the hearing of the appeal, the judge of the circuit court is vested with the discretion of exercising and asserting the jurisdiction of the court of general sessions or of relinquishing jurisdiction to the family court. If the circuit judge elects to exercise the jurisdiction of the general sessions court for trial of the case, he shall issue an order to that effect, and then the family court has no further jurisdiction in the matter.
(7)(6)Once the family court relinquishes its jurisdiction over the child and the child is bound over to be treated as an adult, the provisions of Section 20-7-780 dealing with the confidentiality of identity and fingerprints will not be applicable.
(8)(7) When jurisdiction is relinquished by the family court in favor of another court, the court shall have full authority and power to grant bail, hold a preliminary hearing, and any other powers as now provided by law for magistrates in such cases.
(9)(8) If a child fifteen years of age or older under the age of fourteen is charged with a violation of Section 16-23-20 (unlawful carrying of pistol), Section 16-23-410 (pointing firearm), Section 16-23-420 (carrying or displaying firearms in public buildings), Section 16-23-430(1) (carrying weapons on school property), Section 16-23-440 (discharging firearms at or into dwellings), Section 16-23-460 (carrying concealed weapons), Section 44-53-445, (distribution of controlled substances within proximity of schools), the court may after full investigation and hearing, if it considers it contrary to the best interest of the child or the public to retain jurisdiction, acting as committing magistrate, bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offenses if committed by an adult."
SECTION 6. Section 20-7-460 of the 1976 Code is amended to read:
"Section 20-7-460. Any A judge shall have has the power to issue a writ of habeas corpus to produce any person under the age of seventeen in court where necessary a person over whom the judge has exclusive or concurrent jurisdiction."
SECTION 7. The first paragraph of Section 20-7-2170 of the 1976 Code, as last amended by Section 294, Act 181 of 1993, is further amended to read:
"A child after his twelfth birthday and before his seventeenth birthday, or while under the jurisdiction of the family court for disposition of an offense that occurred prior to his seventeenth birthday or while subject to the exclusive original jurisdiction of the family court, may be committed to the custody of the Department of Juvenile Justice, which shall arrange for placement in a suitable corrective environment. Children under the age of twelve years may be committed only to the custody of the department, which shall arrange for placement in a suitable corrective environment other than institutional confinement. No child under the age of seventeen years shall be committed or sentenced to any other penal or correctional institution of this State."
SECTION 8. Section 20-7-2195 of the 1976 Code, as last amended by Section 299, Act 181 of 1993, is further amended to read:
"Section 20-7-2195. The Department of Juvenile Justice, when authorized by an order of any circuit judge, shall, after notice to the Department of Corrections, shall transfer temporarily to the custody of the Youthful Offender Division any a child who has been committed to the custody of the department who is more than seventeen sixteen years of age and whose presence in such custody appears to be seriously detrimental to the welfare of others in such the department's custody. The director of the Department of Corrections shall receive such the children as may be transferred thereto as herein provided and properly care for them. Each child thus transferred to the Youthful Offender Division shall must be held therein there, subject to all the rules and discipline of the division. Children transferred to the Youthful Offender Division pursuant to this section shall be are under the authority of the division and subject to release according to the division's policies and procedures.
The Youthful Offender Division shall at least quarterly shall make recommendations to the parole board concerning possible release of each child so transferred or his return to institutions of the department."
SECTION 9. This act takes effect upon approval by the Governor./
Amend totals and title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Rep. McLEOD proposed the following Amendment No. 72 (Doc Name L:\council\legis\amend\PT\1227DW.94), which was tabled.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION ____. Item 1 of Section 20-7-30 of the 1976 Code is amended to read:
"(1) 'Child', 'juvenile', or 'minor', or any combination of these terms means a person under the age of eighteen whose age makes him subject to the exclusive original jurisdiction of the family court."
SECTION ____. Section 20-7-390 of the 1976 Code is amended to read:
"Section 20-7-390. When used in this article, unless the context otherwise requires, 'child', 'juvenile', or minor means a person: less than seventeen years of age, where the child is dealt with as a juvenile delinquent. Where the child is dealt with as a dependent or neglected child the term 'child' shall mean a person under eighteen years of age.
(1) under eighteen years of age when the person is charged with a status offense or dealt with as a dependent, abused, or neglected child;
(2) under fourteen years of age when the person is charged with a felony, violent crime as defined by Section 16-1-60, possession of a firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), possession of a weapon (a knife with a blade over two inches long, a blackjack, or an object which may be used to inflict bodily injury or death), or any offense which is accomplished or attempted with the use, presentation, carrying, display, possession, or threat of a firearm or weapon as identified above;
(3) under sixteen years of age when the person is charged with a violation of another state or local law or municipal ordinance not identified in item (1) or (2)."
SECTION ____. Section 20-7-400 of the 1976 Code, as last amended by Act 571 of 1990, is further amended to read:
"Section 20-7-400. (A) Except as otherwise provided herein in this section, the family court shall have has exclusive original jurisdiction and shall be is the sole court for initiating action:
(1) concerning any a child living or found within the geographical limits of its jurisdiction:
(a) who is neglected as to proper or necessary support or education as required by law, or as to medical, psychiatric, psychological, or other care necessary to his well-being, or who is abandoned by his parent or other custodian;
(b) whose occupation, behavior, condition, environment, or associations are such as to injure or endanger his welfare or that of others;
(c) who is beyond the control of his parent or other custodian;
(d) who is alleged to have violated or attempted to violate any state or local law or municipal ordinance, regardless of where the violation occurred except as provided in Section 20-7-410;
(e) whose custody is the subject of controversy, except in those cases where the law now gives other courts concurrent jurisdiction. In the consideration of these cases, the court shall have concurrent jurisdiction to hear and determine the issue of custody and support.
(2) for the treatment or commitment to any a mental institution of a mentally defective or mentally disordered or emotionally disturbed child. Provided, that Nothing herein in this section is intended to conflict with the authority of probate courts in dealing with mental cases.;
(3) concerning any child seventeen years of age or over, a person living or found within the geographical limits of the court's jurisdiction, alleged to have violated or attempted to violate any state or local law or municipal ordinance prior to having become seventeen years of age and such whose age, at the time of the violation, would have made the person subject to the exclusive jurisdiction of the family court. The person shall must be dealt with under the provisions of this chapter relating to children.;
(4) for the detention of a juvenile in a juvenile detention facility who is charged with committing a criminal offense when detention in a secure facility is found to be necessary pursuant to the standards set forth in Section 20-7-600 and when the facility exists in, or is otherwise available to, the county in which the crime occurred.
(B) Whenever When the court has acquired the jurisdiction of any a child under seventeen years of age, jurisdiction continues so long as, in the judgment of the court, it may be necessary in the judgment of the court, to retain jurisdiction for the correction or education of the child, but jurisdiction shall terminate when the child attains the age of twenty-one years. Any A child who has been adjudicated delinquent and placed on probation by the court remains under the authority of the court only until the expiration of the specified term of his probation. This specified term of probation may expire before but not after the eighteenth birthday of the child."
SECTION ____. Section 20-7-410 of the 1976 Code, as last amended by Section 281, Act 181 of 1993, is further amended to read:
"Section 20-7-410. The magistrate courts and municipal courts of this State have concurrent jurisdiction with the family courts for the trial of persons under seventeen sixteen years of age charged with traffic violations or violations of the provisions of Title 50 relating to fish, game, and watercraft when these courts would have jurisdiction of the offense charged if committed by an adult. The family court shall report all adjudications of juveniles for moving traffic violations to the Department of Public Safety as required by other courts of this State pursuant to Section 56-1-330 and adjudications of the provisions of Title 50 to the Department of Natural Resources."
SECTION ____. Section 20-7-430 of the 1976 Code, as last amended by Act 579 of 1990, is further amended to read:
"Section 20-7-430. Jurisdiction over a case involving a juvenile may be transferred in the following instances:
(1) If, during the pendency of a criminal or quasi-criminal charge against any minor a person in a circuit court of this State, it shall be is ascertained that the minor was under the age of seventeen years person was subject to the exclusive original jurisdiction of the family court at the time of committing the alleged offense, it shall be is the duty of such the court forthwith immediately to transfer the case, together with all the papers, documents, and testimony connected therewith with it, to the family court of competent jurisdiction, except in those cases where the Constitution gives to the circuit court exclusive jurisdiction or in those cases where jurisdiction has properly been transferred to the circuit court by the family court under the provisions of this section. The court making such the transfer shall order the minor person to be taken forthwith immediately to the place of detention designed by the court or to that court itself, or shall release such minor the person to the custody of some suitable person to be brought before the court at a time designated. The court shall then shall proceed as provided in this article. Notwithstanding any other provision of law, The provisions of this section shall be are applicable to all existing offenses embraced therein, irrespective of whether such offenses may be directed solely at children coming within the scope of this article and shall likewise be and applicable to such offenses as shall be created in the future unless the General Assembly shall specifically directs otherwise direct.
(2) Whenever a person under the age of sixteen is brought before a magistrate or city recorder and, in the opinion of the magistrate or city recorder, the person should be brought to the family court of competent jurisdiction under the provisions of this section, the magistrate or city recorder shall thereupon transfer such the case to the family court and direct that the persons involved be taken thereto there.
(3) When an action is brought in any county court or circuit court which, in the opinion of the judge thereof, falls within the jurisdiction of the family court, he may transfer the action thereto upon his own motion or the motion of any party.
(4) If a child sixteen years of age or older is charged with an offense which would be a misdemeanor or felony if committed by an adult and if the court, after full investigation, deems it contrary to the best interest of such child or of the public to retain jurisdiction, the court may, in its discretion, acting as committing magistrate, bind over such child for proper criminal proceedings to any court which would have trial jurisdiction of such offense if committed by an adult.
(5) If a child under the age of fourteen or fifteen years of age who has two prior and unrelated adjudications of assault, assault and battery with intent to kill, assault and battery of a high and aggravated nature, arson, housebreaking, burglary, kidnapping, attempted criminal sexual conduct or robbery a felony, violent crime as defined in Section 16-1-60, possession of a firearm as defined in Section 20-7-390, or an offense which is accomplished or attempted with the use, presentation, carrying, displaying, possession, or threat of a firearm or weapon and is currently charged with a third or subsequent such offense, the court, may after full investigation and hearing, if it deems considers it contrary to the best interest of such the child or of the public to retain jurisdiction, acting may act as committing magistrate, and bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such the offenses if committed by an adult.
(6)(5) Within thirty days after the filing of a petition in the family court alleging the child has committed the offense of murder or criminal sexual conduct, the person executing the petition may request in writing that the case be transferred to the court of general sessions with a view to proceeding against the child as a criminal an adult rather than as a child coming within the purview of this article. The judge of the family court is authorized to determine this request. If the request is denied, the petitioner may appeal within five days to the circuit court. Upon the hearing of the appeal, the judge of the circuit court is vested with the discretion of exercising and asserting the jurisdiction of the court of general sessions or of relinquishing jurisdiction to the family court. If the circuit judge elects to exercise the jurisdiction of the general sessions court for trial of the case, he shall issue an order to that effect, and then the family court has no further jurisdiction in the matter.
(7)(6)Once the family court relinquishes its jurisdiction over the child and the child is bound over to be treated as an adult, the provisions of Section 20-7-780 dealing with the confidentiality of identity and fingerprints will not be applicable.
(8)(7) When jurisdiction is relinquished by the family court in favor of another court, the court shall have full authority and power to grant bail, hold a preliminary hearing, and any other powers as now provided by law for magistrates in such cases.
(9)(8) If a child fifteen years of age or older under the age of fourteen is charged with a violation of Section 16-23-20 (unlawful carrying of pistol), Section 16-23-410 (pointing firearm), Section 16-23-420 (carrying or displaying firearms in public buildings), Section 16-23-430(1) (carrying weapons on school property), Section 16-23-440 (discharging firearms at or into dwellings), Section 16-23-460 (carrying concealed weapons), Section 44-53-445, (distribution of controlled substances within proximity of schools), the court may after full investigation and hearing, if it considers it contrary to the best interest of the child or the public to retain jurisdiction, acting as committing magistrate, bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offenses if committed by an adult."
SECTION ____. Section 20-7-460 of the 1976 Code is amended to read:
"Section 20-7-460. Any A judge shall have has the power to issue a writ of habeas corpus to produce any person under the age of seventeen in court where necessary a person over whom the judge has exclusive or concurrent jurisdiction."
SECTION ____. The first paragraph of Section 20-7-2170 of the 1976 Code, as last amended by Section 294, Act 181 of 1993, is further amended to read:
"A child after his twelfth birthday and before his seventeenth birthday, or while under the jurisdiction of the family court for disposition of an offense that occurred prior to his seventeenth birthday or while subject to the exclusive original jurisdiction of the family court, may be committed to the custody of the Department of Juvenile Justice, which shall arrange for placement in a suitable corrective environment. Children under the age of twelve years may be committed only to the custody of the department, which shall arrange for placement in a suitable corrective environment other than institutional confinement. No child under the age of seventeen years shall be committed or sentenced to any other penal or correctional institution of this State."
SECTION ____. Section 20-7-2195 of the 1976 Code, as last amended by Section 299, Act 181 of 1993, is further amended to read:
"Section 20-7-2195. The Department of Juvenile Justice, when authorized by an order of any circuit judge, shall, after notice to the Department of Corrections, shall transfer temporarily to the custody of the Youthful Offender Division any a child who has been committed to the custody of the department who is more than seventeen sixteen years of age and whose presence in such custody appears to be seriously detrimental to the welfare of others in such the department's custody. The director of the Department of Corrections shall receive such the children as may be transferred thereto as herein provided and properly care for them. Each child thus transferred to the Youthful Offender Division shall must be held therein there, subject to all the rules and discipline of the division. Children transferred to the Youthful Offender Division pursuant to this section shall be are under the authority of the division and subject to release according to the division's policies and procedures.
The Youthful Offender Division shall at least quarterly shall make recommendations to the parole board concerning possible release of each child so transferred or his return to institutions of the department."/
Renumber sections to conform.
Amend title to conform.
Rep. HODGES moved to table the amendment, which was agreed to.
Rep. CANTY proposed the following Amendment No. 76 (Doc Name L:\council\legis\amend\CYY\16167AC.94), which was ruled out of order.
Amend the bill, as and if amended, by deleting Section 7 of the bill.
Renumber sections to conform.
Amend title to conform.
Rep. HODGES raised the Point of Order that Amendment No. 76 was out of order as it was the same as a previous amendment.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. HODGES explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. KIRSH moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4515 -- Reps. Tucker and Chamblee: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ADD LEFT TURN PHASES OR ARROWS TO CERTAIN TRAFFIC SIGNALS IN ANDERSON COUNTY.
H. 5162 -- Reps. Hodges, M.O. Alexander, Sturkie and Beatty: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 11, 1994, AS THE TIME TO ELECT A CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO FILL THE UNEXPIRED TERM OF THE HONORABLE A. LEE CHANDLER WHO WILL BE RETIRING AS CHIEF JUSTICE IN DECEMBER, 1994, TO ELECT AN ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO FILL THE UNEXPIRED TERM AS AN ASSOCIATE JUSTICE OF THE HONORABLE A. LEE CHANDLER UPON HIS BECOMING CHIEF JUSTICE, TO ELECT AN ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO FILL THE UNEXPIRED TERM IN ANY VACANCY ON THE SUPREME COURT WHICH MAY OCCUR AS A RESULT OF THE ELECTION OF THE CHIEF JUSTICE AS ABOVE PROVIDED, TO ELECT A FAMILY COURT JUDGE FROM THE FIFTH JUDICIAL CIRCUIT, SEAT 4, TO FILL THE UNEXPIRED TERM OF THE HONORABLE WILLIAM M. CAMPBELL, WHOSE TERM EXPIRES JUNE 30, 1998, AND TO ELECT A FAMILY COURT JUDGE FROM THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM OF THE HONORABLE ALBERT L. KLECKLEY, WHOSE TERM EXPIRES JUNE 30, 1998.
H. 5165 -- Reps. Rudnick, Simrill, Inabinett, G. Bailey, Hines, J. Wilder, Byrd, Kirsh, Wells, Riser, Richardson, Stone, Robinson and Vaughn: A CONCURRENT RESOLUTION TO RECOGNIZE THE 1993-94 CAROLINA CONCERTS AT THE UNIVERSITY OF SOUTH CAROLINA COLISEUM AND TO NOTE THE OUTSTANDING PERFORMANCE APRIL 19, 1994, BY PETER NERO ACCOMPANIED BY THE UNIVERSITY OF SOUTH CAROLINA SYMPHONY ORCHESTRA DIRECTED BY DR. DONALD PORTNOY.
H. 5166 -- Rep. Scott: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. BETTY J. LARK OF RICHLAND COUNTY UPON HER RETIREMENT AS AN EDUCATOR WITH RICHLAND COUNTY SCHOOL DISTRICT ONE JUNE 9, 1994, AND TO WISH HER GOOD HEALTH AND HAPPINESS IN HER RETIREMENT.
At 7:20 P.M. the House in accordance with the motion of Rep. HINES adjourned in memory of Dr. Mordecia C. Johnson, Sr., of Florence to meet at 10:00 A.M. tomorrow.
This web page was last updated on Monday, June 29, 2009 at 3:34 P.M.