Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, the Psalmist gave advice to every age in Psalm 25 (vv.9,10):
"The Lord leads the humble in what is
right and teaches the humble His way."
Let us pray.
Dear Lord, our problems are so close to us, and sometimes You seem so very far away.
You are Infinite. We are finite. You are Eternal. We are on a short-time limit. Your Presence permeates the universe. We long for our God to be closer and more available, perhaps.
The Psalmist tells us that humility is the key that unlocks doors that stay shut.
We are willing to deal on Your terms, but we know also that trust and faith are not gifts we earn, but themselves are spirit-given.
So, dear Lord, give us humility and make us teachable, as we remember the words of the old hymn:
"Guide me, O Thou great Jehovah,
Pilgrim through this barren land;
I am weak, but Thou art mighty,
Hold me with Thy powerful hand."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 28, 1994
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, Residential Builders Commission, with term to commence June 30, 1994, and to expire June 30, 1998:
5th Congressional District - Builder:
Mr. Michael G. Williams, Post Office Box 1146, Lancaster, S.C. 29721
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, Member, State Agency of Vocational Rehabilitation, with term to commence March 15, 1994, and to expire March 15, 2001:
2nd Congressional District:
Mr. Phillip J. Canders, 10 Sly Fox Run, Blythewood, S.C. 29016
Referred to the Committee on Education.
Senator STILWELL introduced Dr. Ted Watson of Greenville, S.C., Doctor of the Day.
At 11:25 A.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:45 A.M.
There was no objection and a message was sent to the House accordingly.
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.
Columbia, S.C., May 4, 1994
Mr. President and Members of the Senate:
The House respectfully informs your Honorable Body that it has receded from its amendment to S. 1118.
Very respectfully,
Speaker of the House
The House having receded from their amendments, the Senate enrolled S. 1118 for Ratification.
Columbia, S.C., May 3, 1994
Mr. President and Members of the Senate:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3742 -- Reps. McLeod, Baxley, Simrill, Scott, Rudnick, Holt, J. Brown, Moody-Lawrence, Byrd, Shissias, Davenport, Cooper, Littlejohn, Stille, Cato, Vaughn, D. Wilder and J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-85 SO AS TO REQUIRE THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION TO ASCERTAIN WHETHER OR NOT THE PAST PERFORMANCE RECORD OF ANY APPLICANT FOR LICENSING AS A RESIDENTIAL BUILDER OR FOR REGISTRATION OR CERTIFICATION AS A RESIDENTIAL SPECIALTY CONTRACTOR IS GOOD AND TO ASCERTAIN CERTAIN OTHER INFORMATION ABOUT SUCH APPLICANT, AND PROVIDE THAT THE APPLICATION AND RENEWAL FORMS FOR ALL LICENSES, CERTIFICATIONS, AND REGISTRATIONS ISSUED BY THE COMMISSION SHALL REQUIRE THE APPLICANT TO LIST ANY OUTSTANDING JUDGMENTS AGAINST HIM.
asks for a Committee of Conference, and has appointed Reps. G. Bailey, Vaughn and McLeod of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT appointed Senators McCONNELL, LEATHERMAN and FORD of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
The following were introduced:
S. 1401 -- Senators Washington, Land, Patterson and Jackson: A JOINT RESOLUTION TO CREATE THE CIRCLE OF FLAGS ON THE STATE HOUSE GROUNDS, A DISPLAY WHICH CONSISTS OF TEN FLAGS OF HISTORICAL SIGNIFICANCE TO THE STATE OF SOUTH CAROLINA.
Read the first time and referred to the Committee on Finance.
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.
Read the first time and referred to the Committee on Corrections and Penology.
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.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
Senator SETZLER from the Committee on Education submitted a favorable report on:
S. 1112 -- Senator Ryberg: A BILL TO AMEND SECTION 59-63-240 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPULSION FROM SCHOOL FOR THE REMAINDER OF THE YEAR, SO AS TO PROVIDE THAT THE IDENTITY OF A STUDENT WHO INFORMS A TEACHER OR AN ADMINISTRATOR THAT ANOTHER STUDENT IS IN POSSESSION OF A FIREARM ON SCHOOL PROPERTY OR AT A SCHOOL-SPONSORED EVENT SHALL BE DEEMED CONFIDENTIAL.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable report on:
S. 1133 -- Senator Washington: A BILL TO AMEND SECTION 59-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF SCHOOL BOARDS OF TRUSTEES, SO AS TO AUTHORIZE A BOARD TO PROMULGATE REGULATIONS ESTABLISHING A SCHOOL UNIFORM OR UNIFORM DRESS CODE POLICY WITHIN ITS DISTRICT.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out S. 1395 favorable:
S. 1395 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER, THE CHAMBER OF THE HOUSE OF REPRESENTATIVES AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE LEGISLATIVE OFFICE BUILDINGS ON THURSDAY, DECEMBER 1, 1994, AND FRIDAY, DECEMBER 2, 1994, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
Courson Peeler Wilson
Thomas Patterson Stilwell
Russell Passailaigue
Matthews O'Dell
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
H. 4414 -- Reps. Phillips, Allison, Waites, Rudnick, J. Wilder, Jaskwhich, Walker, Corning, Rogers, Stuart, Waldrop and Gamble: A BILL TO ENACT THE "SCHOOLHOUSE SAFETY ALLIANCE ACT OF 1994" TO ATTACK THE PROBLEMS OF JUVENILE CRIME AND SCHOOL SAFETY INCLUDING PROVISIONS TO AMEND TITLE 59 OF THE 1976 CODE RELATING TO EDUCATION BY ADDING CHAPTER 143 SO AS TO PROVIDE FOR TRAINING OF SCHOOL FACULTY AND STAFF TO PREVENT STUDENT VIOLENCE, TO INSTITUTE IN EACH SCHOOL CASE MANAGEMENT TEAMS TO WORK AS UNITS ON BEHALF OF STUDENTS DISPLAYING SIGNS OF VIOLENT BEHAVIOR, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO COLLECT DATA IDENTIFYING THE BEST PRACTICES IN DEALING WITH PROBLEMS ASSOCIATED WITH STUDENT VIOLENCE, TO REQUIRE THE DEPARTMENT OF EDUCATION TO PILOT TEST A CLUSTER SCHOOL CONCEPT IN URBAN AND RURAL SETTINGS IN HIGH CRIME AREAS, TOGETHER WITH A SPECIALIZED PROGRAM OF INTERVENTION AND PREVENTION, TO ESTABLISH AN ADVISORY COMMITTEE COMPOSED OF VARIOUS AGENCY REPRESENTATIVES CONVENED BY THE STATE LAW ENFORCEMENT DIVISION TO PROVIDE TRAINING AND TECHNICAL ASSISTANCE TO CLUSTER SCHOOLS SERVING AS DEMONSTRATION SITES, TO ESTABLISH A STATEWIDE SCHOOLHOUSE SAFETY RESOURCE CENTER AT THE DEPARTMENT OF EDUCATION TO PROVIDE TECHNICAL ASSISTANCE AND TRAINING TO SCHOOLS REGARDING SCHOOL VIOLENCE AND STRATEGIES FOR COLLABORATING WITH OTHER AGENCIES AND THE COURTS TO PREVENT THIS PROBLEM, TO REQUIRE CONFLICT RESOLUTION STRATEGIES TO BE TAUGHT TO JUVENILES IN CONFINEMENT FACILITIES, TO REQUIRE PARENTS OF CHILDREN IDENTIFIED AS IN NEED OF SERVICES OR COUNSELING TO PARTICIPATE IN CERTAIN CASE MANAGEMENT MEETINGS REGARDING THEIR CHILDREN AT THE REQUEST OF SCHOOL OFFICIALS AND TO PROVIDE PENALTIES FOR FAILURE TO PARTICIPATE, TO REQUIRE SCHOOL OFFICIALS TO REPORT CERTAIN CRIMINAL BEHAVIOR BY STUDENTS TO APPROPRIATE LAW ENFORCEMENT AGENCIES, TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE CERTAIN REGULATIONS REGARDING PARENTING, FAMILY LITERACY, AND PARENTAL INVOLVEMENT PROGRAMS, TO PROVIDE FOR CONTINUING LEGAL EDUCATION SEMINARS IN ISSUES OF YOUTH VIOLENCE FOR ATTORNEYS LICENSED TO PRACTICE IN THIS STATE; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1331 SO AS TO AUTHORIZE FAMILY COURT JUDGES TO ORDER AS A CONDITION OF PROBATION CERTAIN CHILDREN TO PARTICIPATE IN A SPECIAL ALTERNATIVE CONFINEMENT UNIT; BY ADDING SECTION 20-7-1351 SO AS TO AUTHORIZE THE FAMILY COURT TO REQUIRE PARENTS TO APPEAR BEFORE IT REGARDING CERTAIN BEHAVIOR OF THEIR CHILD AND TO PARTICIPATE IN THE ASSESSMENT OF THE FAMILY OR IN FAMILY PARTICIPATION TREATMENT SERVICES TO IMPROVE THAT BEHAVIOR; BY ADDING SECTION 20-7-1352 SO AS TO PROVIDE THAT THE FAMILY COURT SHALL REQUIRE ACCEPTABLE SCHOOL ATTENDANCE AND APPROPRIATE BEHAVIOR AS A PART OF ANY PROBATION ORDER INVOLVING CHILDREN; BY ADDING SECTION 20-7-1353 SO AS TO PROVIDE THAT PROBATION AND PAROLE COUNSELORS ARE REQUIRED TO ASSIST IN THE RE-ENROLLMENT OF ALL THEIR CLIENTS WHO ARE CHILDREN IN THE PUBLIC SCHOOLS UPON THE CHILDREN BEING RELEASED FROM CONFINEMENT FACILITIES; AND BY ADDING SECTION 20-7-3236 SO AS TO PROVIDE THAT THE DEPARTMENT OF JUVENILE JUSTICE SHALL ESTABLISH A SHORT-TERM SPECIAL ALTERNATIVE CONFINEMENT UNIT FOR CERTAIN NONVIOLENT JUVENILES.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on H. 4820:
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable report on:
H. 4994 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO CHILD DEVELOPMENT PROGRAMS (REPEALED IN ITS ENTIRETY), DESIGNATED AS REGULATION DOCUMENT NUMBER 1714, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable report on:
H. 4995 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO HALF-DAY CHILD DEVELOPMENT PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1715, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable report on:
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.
Ordered for consideration tomorrow.
S. 32 -- Senators Wilson, Ryberg, Russell, Rose and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-40 SO AS TO CREATE A CIVIL CAUSE OF ACTION AGAINST SHOPLIFTERS.
The House returned the Bill with amendments.
On motion of Senator WILSON, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1390 -- Senators O'Dell, Drummond and Waldrep: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF STATE TROOPER RANDALL LAMAR (RANDY) HESTER, EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS, AND REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, IN CONJUNCTION WITH THE DEPARTMENT OF PUBLIC SAFETY, TO ERECT AN APPROPRIATE MEMORIAL MARKER AT THE SCENE OF THE ACCIDENT WHICH LED TO STATE TROOPER HESTER'S DEATH, TO BE PAID FOR BY FRIENDS OF STATE TROOPER HESTER, AND TO CONSIDER THE WISHES OF THE FAMILY AS TO THE DESIGN AND PLACEMENT OF THE MARKER.
Returned with concurrence.
Received as information.
S. 1394 -- Senators Matthews and Williams: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT INTERSTATE HIGHWAY 95 AND INTERSTATE HIGHWAY 26 IN ORANGEBURG COUNTY AS THE FRANK L. CULBERTSON, JR. INTERCHANGE.
Returned with concurrence.
Received as information.
S. 1400 -- Senator Mitchell: A CONCURRENT RESOLUTION TO RECOGNIZE GREENVILLE TRANSIT AUTHORITY AS THE "OUTSTANDING PUBLIC TRANSIT SYSTEM" IN THE STATE OF SOUTH CAROLINA FOR 1994.
Returned with concurrence.
Received as information.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:45 A.M. and the following Acts and Joint Resolutions were ratified:
(R422) H. 4967 -- Reps. Carnell, McAbee and Klauber: AN ACT TO PROVIDE FOR THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 SHALL BE ELECTED INCLUDING THE ESTABLISHMENT OF NINE SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH CERTAIN TRUSTEES SHALL BE ELECTED BEGINNING IN 1994, AND TO PROVIDE THAT BEGINNING IN 1994, ELECTIONS FOR THESE TRUSTEES SHALL BE HELD AT THE SAME TIME AS THE GENERAL ELECTION.
(R423) S. 25 -- Senators Bryan and Hayes: AN ACT 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 PSYCHIATRIC CONDITIONS IN GROUP HEALTH INSURANCE POLICIES AND DEFINE "PSYCHIATRIC CONDITIONS".
(R424) 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.
(R425) S. 671 -- Senator Land: AN ACT TO AMEND SECTIONS 12-19-20 and 12-19-100, BOTH AS AMENDED, 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.
(R426) S. 796 -- Senator Leventis: AN ACT TO AMEND ARTICLE 3, CHAPTER 39, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EGGS, SO AS TO REVISE THE RESTRICTIONS, REQUIREMENTS, AND PENALTIES ON AND THE EXEMPTIONS FOR THE LABELING AND MARKETING OF EGGS; AND TO REPEAL ARTICLE 1, CHAPTER 39, TITLE 39, RELATING TO THE SALE OF EGGS AND BABY CHICKS.
(R427) S. 987 -- Senator Drummond: AN ACT 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 OFFICE 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.
(R428) S. 1021 -- Senator Washington: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-55 SO AS TO PROVIDE FOR THE RESPONSIBILITY FOR THE COSTS OF MEDICAL CARE FOR AN ARRESTED PERSON AND TO AMEND SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL AND DETENTION SERVICES FOR JUVENILES, SO AS TO FURTHER PROVIDE FOR THE COST OF PROVIDING CERTAIN MEDICAL SERVICES TO JUVENILES IN DEPARTMENT OF JUVENILE JUSTICE FACILITIES.
(R429) S. 1026 -- Senator McGill: AN ACT 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.
(R430) S. 1180 -- Senators Bryan, Elliott, Washington, Hayes, Jackson and Thomas: A JOINT RESOLUTION TO ESTABLISH A PILOT PROJECT FOR SCHOOL-BASED COUNSELING SERVICES.
(R431) 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.
(R432) 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.
(R433) 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.
(R434) S. 1347 -- Senator Peeler: AN ACT TO ENACT THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY TAX RELIEF ACT.
(R435) H. 3518 -- Rep. R. Young: AN ACT TO AMEND SECTION 30-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITE FOR RECORDING A DEED OR INSTRUMENT IN WRITING, SO AS TO ADD AN ALTERNATIVE METHOD AS A PREREQUISITE FOR RECORDING; AND TO AMEND SECTION 29-3-330, RELATING TO THE METHODS A MORTGAGE, DEED OF TRUST, OR OTHER WRITTEN INSTRUMENT SECURING THE PAYMENT OF MONEY OR BEING A LIEN ON REAL PROPERTY MAY BE SATISFIED, SO AS TO PROVIDE AN ALTERNATIVE METHOD WHEN THE SIGNATURE OF THE OWNER OR HOLDER OF THE INSTRUMENT HAS BEEN LOST OR DESTROYED.
(R436) H. 3919 -- Rep. Simrill: AN ACT TO AMEND SECTION 12-36-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR RETAILERS TO OBTAIN A RETAIL LICENSE BEFORE ENGAGING IN BUSINESS, SO AS TO INCLUDE FESTIVALS AMONG THOSE SPECIAL EVENTS FOR WHICH A RETAILER FILES A SPECIAL EVENTS SALES TAX RETURN AND IS NOT REQUIRED TO HAVE A RETAIL LICENSE AND TO DEFINE "FESTIVAL".
(R437) H. 4180 -- Reps. Harrison, Wells, Gonzales, Wright, Barber, R. Smith, Fulmer, D. Wilder, Klauber, Jennings, A. Young and Corning: AN ACT TO AMEND CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS, SO AS TO ENACT THE SOUTH CAROLINA NONPROFIT CORPORATION ACT OF 1994 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH NONPROFIT CORPORATIONS OPERATE AND TRANSACT BUSINESS IN THIS STATE; TO AMEND SECTIONS 15-9-210, AS AMENDED, 15-9-240, 15-9-245, AND 15-9-430, AS AMENDED, RELATING TO SERVICE OF PROCESS, SO AS TO FURTHER PROVIDE FOR THE APPLICABILITY OF THESE SECTIONS TO BUSINESS OR NONPROFIT CORPORATIONS, OR BOTH; TO AMEND SECTION 33-11-101, RELATING TO MERGERS OF BUSINESS CORPORATIONS, SO AS TO MAKE THE PROVISIONS OF THE SECTION APPLICABLE TO NONPROFIT CORPORATIONS; TO AMEND SECTION 33-20-103, RELATING TO THE APPLICABILITY OF THE SOUTH CAROLINA BUSINESS CORPORATION ACT TO NONPROFIT CORPORATIONS, SO AS TO FURTHER PROVIDE FOR THIS APPLICABILITY IN REGARD TO NONPROFIT CORPORATIONS AND ELECTRIC AND TELEPHONE COOPERATIVES; TO ADD SECTION 33-49-690 SO AS TO PROVIDE FOR IMMUNITY FROM LIABILITY FOR DIRECTORS, TRUSTEES, OR MEMBERS OF THE GOVERNING BODIES OF ELECTRIC COOPERATIVES UNDER CERTAIN CONDITIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-507 SO AS TO PROVIDE THAT CERTAIN STATUTORY PROVISIONS OF LAW SHALL NOT BE CONSTRUED TO CAUSE FORFEITURE OR REVERSION OF TRUST PROPERTY; AND TO REPEAL CHAPTER 33 OF TITLE 33 RELATING TO CHURCH CORPORATIONS.
(R438) H. 4458 -- Reps. Boan, Hodges, Clyborne and Kirsh: AN ACT 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 AND THE REAL ESTATE APPRAISERS BOARD 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, COUNSELORS, 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, AND ADD CERTAIN PROVISIONS; 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; TO AMEND SECTIONS 27-29-20, 27-29-30, 27-29-50, 27-29-60, 27-29-70, 27-29-80, 27-29-90, 27-29-100, 27-29-110, 27-29-120, 27-29-130, 27-29-140, 27-29-190, AND 27-29-200, RELATING TO THE UNIFORM LAND SALES PRACTICE ACT, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCE TO THE SOUTH CAROLINA REAL ESTATE COMMISSIONER AND PROVIDE THAT CHAPTER 29, TITLE 27 SHALL BE ADMINISTERED BY THE SOUTH CAROLINA REAL ESTATE COMMISSION RATHER THAN THE REAL ESTATE COMMISSIONER; AND TO AMEND SECTIONS 27-32-10, 27-32-20, 27-32-120, AS AMENDED, 27-32-130, 27-32-140, 27-32-150, 27-32-160, 27-32-180, 27-32-190, 27-32-200, 27-32-210, 27-32-220, 27-32-230, AND 27-32-250, RELATING TO VACATION TIME SHARING PLANS, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO THE REAL ESTATE COMMISSIONER AND TRANSFER THE COMMISSIONER'S DUTIES, POWERS, AND RESPONSIBILITIES TO THE REAL ESTATE COMMISSION.
(R439) H. 4478 -- Reps. Snow, Inabinett, Riser and Law: AN ACT TO AMEND SECTION 50-9-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM USED TO SUSPEND HUNTING AND FISHING PRIVILEGES, SO AS TO INCLUDE HUNTING, TAKING, POSSESSING, OR SELLING ALLIGATORS; TO AMEND SECTION 50-15-60, AS AMENDED, RELATING TO THE COST OF PROGRAMS ESTABLISHED WITHIN THE NATURAL RESOURCES DEPARTMENT, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF FEES FOR PARTICIPATION IN THE ALLIGATOR CONTROL AND MANAGEMENT PROGRAM AND TO REQUIRE APPLICATIONS TO PARTICIPATE BY MAY FIRST; TO AMEND SECTION 50-15-80, AS AMENDED, RELATING TO PENALTIES PERTAINING TO NONGAME WILDLIFE, SO AS TO REVISE THE PROVISIONS FOR ALLIGATORS TO INCLUDE THE HUNTING, TAKING, AND SHIPPING OF THEM AND DELETE THE REFERENCES TO EXPORTING, TRANSPORTING, OR RECEIVING FOR SHIPMENT; AND TO REPEAL SECTION 50-1-120, RELATING TO THE VIOLATIONS OF FISH AND GAME LAWS.
(R440) H. 4482 -- Reps. Snow, Riser and Law: AN ACT TO AMEND SECTION 50-17-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE POINT SYSTEM FOR VIOLATIONS OF COASTAL FISHERIES LAWS, SO AS TO INCLUDE STAMPS AS WELL AS LICENSES AND PERMITS; AND TO AMEND SECTION 50-17-1120, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE POINT SYSTEM, SO AS TO REVISE THE CONDITIONS UNDER WHICH PRIVILEGES, LICENSES, PERMITS, AND STAMPS MAY BE SUSPENDED BY THE DEPARTMENT OF NATURAL RESOURCES.
(R441) H. 4591 -- Reps. A. Young, Sharpe, Wofford, G. Bailey, Cato, Davenport, Allison, Robinson, Meacham, Witherspoon, Vaughn, Gamble, Sturkie, Haskins, Riser, Fair, Thomas, Klauber and Koon: AN ACT TO AMEND ACT 582 OF 1990, RELATING TO, AMONG OTHER THINGS, THE APPLICATION OF ABOVEGROUND STORAGE PROVISIONS REGARDING PETROLEUM PRODUCTS, SO AS TO PROVIDE THAT, FOR THE PURPOSES OF CERTAIN PROVISIONS OF LAW, THE TERM "SERVICE STATION" DOES NOT INCLUDE ANY UTILITY STORAGE TANK FACILITIES WHICH SERVICE UTILITY OPERATIONS, INCLUDING VEHICLES, LOCOMOTIVES, OR EQUIPMENT.
(R442) H. 4596 -- Rep. Hodges: AN ACT TO AMEND SECTION 58-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE LAW ON GAS, HEAT, WATER, SEWERAGE COLLECTION AND DISPOSAL, AND STREET RAILWAY COMPANIES, SO AS TO REDEFINE "PUBLIC UTILITY".
(R443) H. 5002 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS & LAND SURVEYORS, RELATING TO REGISTRATION OF TAC/ABET FOUR-YEAR ENGINEERING TECHNOLOGY GRADUATES THUS ESTABLISHING A TWO-TIER CATEGORY REGISTRATION DESIGNATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1699, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R444) H. 5032 -- Reps. Boan and Hodges: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF SEPTEMBER 7, 1993, MISSED BY THE STUDENTS OF KERSHAW ELEMENTARY SCHOOL AND BUFORD HIGH SCHOOL OF THE LANCASTER COUNTY SCHOOL DISTRICT AND THE SCHOOL DAYS OF SEPTEMBER 7 AND 8, 1993, MISSED BY STUDENTS OF CLINTON ELEMENTARY SCHOOL AND LANCASTER HIGH SCHOOL OF THE LANCASTER COUNTY SCHOOL DISTRICT WHEN THESE SCHOOLS WERE CLOSED DUE TO CONSTRUCTION DELAYS 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.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 4737 -- Reps. Gamble, Waites, Cromer, Quinn, Neal, Sturkie, Stuart, Shissias, Harrison, Koon, Wright, Riser, Byrd, Rogers and J. Brown: A BILL TO AMEND SECTION 55-11-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE RICHLAND-LEXINGTON AIRPORT COMMISSION, SO AS TO MAKE TECHNICAL CORRECTIONS, PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD AND LIMIT A MEMBER OF THE COMMISSION TO TWO CONSECUTIVE TERMS.
H. 3631 -- Reps. Elliott, G. Bailey, Houck, McKay, Askins, Robinson, Davenport, Stone, Byrd, Cato, A. Young and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-147 SO AS TO PROHIBIT A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.
H. 4362 -- Reps. T.C. Alexander, M.O. Alexander, Allison, G. Bailey, J. Bailey, G. Brown, Chamblee, Cooper, Corning, Cromer, Farr, Felder, Hallman, Harrison, Harvin, Harwell, Huff, Jennings, Kelley, Keyserling, Kirsh, Koon, Lanford, Martin, Mattos, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Quinn, Richardson, Rogers, Rudnick, Shissias, Stille, Townsend, Waites, Wells, Whipper, White, Wilkins, Williams, Witherspoon, Wright, R. Young, Vaughn, Fulmer, Littlejohn, Breeland, Elliott, Walker and Inabinett: A BILL TO AMEND SECTION 38-71-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED DOCTORAL PSYCHOLOGIST.
H. 4511 -- Reps. Snow and D. Smith: A BILL TO PROVIDE THAT AN ASSIGNMENT OF A MORTGAGE GIVEN TO A FARM CREDIT SYSTEM INSTITUTION NEED NOT BE RECORDED IN ORDER TO PERFECT THE ASSIGNMENT IF THE UNDERLYING NOTE HAS BEEN ASSIGNED OR TRANSFERRED ACCORDING TO STATE LAW AND IS IN THE POSSESSION OF THE ASSIGNEE, AND TO PROVIDE FOR THE MANNER IN WHICH CERTAIN COLLATERAL ASSIGNMENTS OF NOTES AND MORTGAGES ARE VALID, ENFORCEABLE, AND PERFECTED.
H. 4606 -- Reps. Koon, Walker, Richardson, Holt and Harrell: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO PROVIDE THAT ANY NUMBER OF HOURS OF CONTINUING INSURANCE EDUCATION EARNED BY AN AGENT IN A TWELVE-MONTH PERIOD MUST BE CARRIED FORWARD, AT THE DESIGNATION OF THE AGENT, TO THE ENSUING TWELVE-MONTH PERIOD, WITHOUT LIMITATION, AS LONG AS THE HOURS CARRIED FORWARD ARE IN EXCESS OF THE REQUIRED MINIMUM FOR A PARTICULAR REPORTING PERIOD.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 4878 -- Reps. Harrell, Law, A. Young, Wofford, Thomas, Graham, Clyborne, J. Brown, Cobb-Hunter, Wilkins and Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-387 SO AS TO MAKE IT UNLAWFUL TO EMPLOY A PERSON UNDER THE AGE OF EIGHTEEN YEARS TO APPEAR IN A STATE OF SEXUALLY EXPLICIT NUDITY IN A PUBLIC PLACE, AND TO PROVIDE PENALTIES.
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. 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.
Having voted on the prevailing side, Senator LEATHERMAN asked unanimous consent to make a motion to reconsider the vote whereby the Senate gave third reading to the Bill.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator LEATHERMAN proposed the following amendment (PT\1235DW.94), which was adopted:
Amend the bill, as and if amended, page 3, lines 38 through 42, by striking SECTION 5 and inserting:
/SECTION 5. Section 3 of Act 1377 of 1968, as last amended by Section 77, Part II, Act 164 of 1993, is further amended by adding:
"Department of Education
Purchase of new school buses $105,000,000
Total, Department of Education $105,000,000"/
Amend the bill further by adding an appropriately numbered SECTION to read:
/SECTION . Section 4 of Act 1377 of 1968, as last amended by Act 523 of 1992, is further amended to read:
"Section 4. The aggregate principal indebtedness on account of bonds issued pursuant to this act may not exceed $1,790,539,125.10 1,895,539,125.10. The limitation imposed by the provisions of this section does not apply to bonds issued on behalf of the Mental Health Commission as provided in Acts 1276 and 1272 of 1970, or to bonds issued on behalf of the Commission on Mental Retardation as provided in Act 1087 of 1970 or to bonds issued on behalf of the South Carolina Fire Academy. The limitation imposed by the provisions of this section is not considered to be an obligation of the contract made between the State and holders of bonds issued pursuant to this act, and the limitation imposed by the provisions of this section may be enlarged by acts amending it or reduced by the application of the Capital Reserve Fund or by amendments of this act. Within these limitations state capital improvement bonds may be issued under the conditions prescribed by this act."/
Renumber sections to conform.
Amend totals and title to conform.
Senator LEATHERMAN explained the amendment.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 1288 -- Senator McConnell: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT SEPARATION FOR PURPOSES OF WHEN A HUSBAND AND WIFE HAVE LIVED SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR MAY MEAN VOLUNTARY OR INVOLUNTARY SEPARATION.
S. 1284 -- Senator Hayes: A BILL TO AMEND SECTION 4-29-68, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SOURCE REVENUE BONDS, SO AS TO CLARIFY THAT REVENUES RECEIVED AND RETAINED BY A COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE DISTRICT FROM A PAYMENT IN LIEU OF TAXES PURSUANT TO THE PROVISIONS OF SECTION 4-1-170, 4-29-60, OR 4-29-67 AND THESE REVENUES ARE DERIVED IN WHOLE OR IN PART FROM A REDEVELOPMENT PROJECT AREA ESTABLISHED PURSUANT TO CHAPTER 6, TITLE 31, SHALL ALLOCATE THE REVENUES IN ACCORDANCE WITH THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 31-6-70 AS IF THESE REVENUES REMAINED AD VALOREM TAXES, PROVIDE THAT ALL TAXES COLLECTED IN THE REDEVELOPMENT PROJECT AREA NOT SUBJECT TO THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO SECTION 31-6-70 BECOME PAYMENTS IN LIEU OF TAXES AND THE PORTION COLLECTED BY THE MUNICIPALITY MAY BE PLEDGED TO SECURE SPECIAL SOURCE REVENUE BONDS.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
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.
Senator DRUMMOND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
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.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3463 -- Reps. Jennings, H. Brown, Kirsh, Huff, Houck, Neilson, Tucker, Baxley, Delleney, Wofford, Worley, McElveen, Martin, Cobb-Hunter, J. Wilder, Spearman, Elliott, McCraw, Phillips, Kinon, J. Harris and Askins: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND TO PRESCRIBE ITS POWERS AND DUTIES; BY ADDING SECTION 57-23-185 SO AS TO PROVIDE THAT JUST COMPENSATION BE PAID TO LANDOWNERS FOR REMOVAL OF SIGNS; AND TO AMEND SECTION 57-25-140, AS AMENDED, RELATING TO SIGNS PERMITTED ALONG INTERSTATE HIGHWAYS, SO AS TO ALLOW SIGNS PROVIDING DIRECTIONAL INFORMATION.
On motion of Senator McCONNELL, the Bill was carried over.
H. 4283 -- Reps. Barber, Jennings, Gonzales, Quinn, Harvin, Wells, Wright, Harrison, R. Smith, Fulmer, D. Wilder, Klauber, A. Young and Corning: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 43 RELATING TO CORPORATIONS SO AS TO ENACT THE "SOUTH CAROLINA LIMITED LIABILITY COMPANY ACT" WHICH PERMITS A LIMITED LIABILITY COMPANY (LLC) FORMED PURSUANT TO THIS ACT TO BE TREATED AS A PARTNERSHIP FOR TAX PURPOSES TOGETHER WITH THE ABSENCE OF INDIVIDUAL LIABILITY OF THE MEMBERS OF THE LIMITED LIABILITY COMPANY FOR ITS OBLIGATIONS, WHICH PROVIDES FOR THE MANNER IN WHICH LIMITED LIABILITY COMPANIES ARE FORMED, FOR RELATIONS BETWEEN MEMBERS AND MANAGERS TO PERSONS DEALING WITH THE LIMITED LIABILITY COMPANIES, FOR THE RIGHTS AND DUTIES OF MEMBERS AND MANAGERS, FOR FINANCE MATTERS, FOR DISTRIBUTIONS AND WITHDRAWALS, FOR THE OWNERSHIP AND TRANSFER OF PROPERTY, FOR ADMISSION AND WITHDRAWAL OF MEMBERS, FOR DISSOLUTION, FOR THE MANNER IN WHICH FOREIGN LIMITED LIABILITY COMPANIES MAY OPERATE AND ARE GOVERNED, FOR PROFESSIONAL SERVICES LIMITED LIABILITY COMPANIES, FOR SUITS BY AND AGAINST THE LIMITED LIABILITY COMPANIES, FOR THE MERGER OF DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANIES, AND FOR MISCELLANEOUS PROVISIONS AFFECTING THE LIMITED LIABILITY COMPANIES INCLUDING FILING AND OTHER FEES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-2-25 SO AS TO PROVIDE FOR CERTAIN DEFINITIONS FOR TAXATION PURPOSES INCORPORATING REFERENCES TO LIMITED LIABILITY COMPANIES.
On motion of Senator STILWELL, the Bill was carried over.
H. 3382 -- Reps. Haskins, Davenport, Wilkins, Robinson, Allison, Littlejohn, Cato, Richardson, Kirsh, Fair, Keyserling, Stuart, Thomas, Walker, Graham and D. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 15 TO TITLE 37 SO AS TO ENACT THE PRIZES AND GIFTS ACT REQUIRING DISCLOSURE OF INFORMATION PERTAINING TO CONTESTS AND PROMOTIONS INCLUDING WHO IS CONDUCTING THE ACTIVITY, CONDITIONS A CONSUMER MUST MEET TO BE ELIGIBLE, AND COSTS THAT MUST BE INCURRED TO RECEIVE THE PRIZE OR GIFT; PROHIBITING USE OF NOTIFICATIONS THAT RESEMBLE CHECKS OR INVOICES; AND PROVIDING A CIVIL CAUSE OF ACTION, ENFORCEMENT PROVISIONS, AND EXEMPTIONS.
On motion of Senator LEATHERMAN, the Bill was carried over.
S. 1289 -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT SEPARATION, FOR PURPOSES OF WHEN A HUSBAND AND WIFE HAVE LIVED SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR, MAY BE VOLUNTARY OR INVOLUNTARY.
On motion of Senator McCONNELL, the Resolution was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
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.
Senator MOORE moved to recall the Bill from the General Committee.
The Bill was recalled.
On motion of Senator MOORE, the Bill was ordered placed on the Calendar without reference.
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.
Senator DRUMMOND moved to recall the Bill from the Committee on Finance.
The Bill was recalled.
On motion of Senator DRUMMOND, the Bill was ordered placed on the Calendar without reference.
H. 4566 -- Reps. Jennings, Askins, Baxley, Fulmer, P. Harris, Harrison, Hines, McAbee, Shissias, Snow, Spearman, Tucker, J. Wilder, Harwell, G. Brown, Neilson, Kinon, Beatty, Cobb-Hunter, Richardson, Keyserling, H. Brown, A. Young, Waldrop, Huff, T.C. Alexander, Stuart, Sturkie, R. Smith, Chamblee, Moody-Lawrence, Corning, Harrell, Thomas, Inabinett, Wilkins and Boan: A BILL TO AMEND CHAPTER 24 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BANK HOLDING COMPANY ACT, SO AS TO REVISE AND FURTHER PROVIDE FOR DEFINITIONS AND REGULATORY PROVISIONS AND PROCEDURES IN ORDER TO PERMIT AFTER A SPECIFIED DATE AN OUT-OF-STATE BANK HOLDING COMPANY TO OPERATE AND MAKE ACQUISITIONS IN THIS STATE IN THE SAME MANNER THAT A SOUTHERN REGION BANK HOLDING COMPANY IS PERMITTED TO OPERATE AND MAKE ACQUISITIONS.
Senator PASSAILAIGUE moved that the Bill be made a Special Order.
Senator LAND argued contra to the motion.
Senator MOORE raised a Point of Order that under Rule 34A that the motion to set a Bill for Special Order is subject to limited debate in the discretion of the Presiding Officer.
The PRESIDENT sustained the Point of Order and stated that one proponent and one opponent would each be allotted reasonable time.
Senator PASSAILAIGUE argued in favor of the motion.
Senator LEVENTIS argued contra to the motion.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Cork Courson
Courtney Elliott Giese
Gregory Hayes Jackson
Lander Leatherman Martin
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Rose Russell Ryberg
Saleeby Short Smith, G.
Stilwell Waldrep Wilson
Drummond Ford Glover
Holland Land Leventis
Macaulay McConnell Reese
Richter
Senator McCONNELL raised a Point of Order that under Rule 34B a Special Order is set on the affirmative vote of two-thirds of the members present, not present and voting.
The PRESIDENT sustained the Point of Order.
The Bill was made a Special Order.
I declined to vote on this matter because of a possible conflict of interest.
On motion of Senator BRYAN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT; AND TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO PROVIDING SIGNS STATING THE PENALTY FOR ARMED ROBBERY, SO AS TO REMOVE FROM THE SIGN CERTAIN PROVISIONS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator HOLLAND spoke on the Bill.
Senator HOLLAND proposed the following Amendment No. 1 (JUD4323.005), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered Section to read:
/SECTION . Section 22-3-545(B)(1) of the 1976 Code, as last amended by Act 174 of 1993, is further amended to read:
"(B)(1) The solicitor, upon ten days' written notice to the defendant, may petition the chief administrative criminal a circuit court judge in the circuit to transfer one or more cases from the general sessions court docket to a docket of a magistrate's or municipal court in the circuit for disposition. The solicitor's notice must fully apprise the defendant of his right to have his case heard in general sessions court. The notice must include the difference in jury size in magistrates or municipal court and in general sessions court. Both parties must have the opportunity to be heard by the chief administrative circuit court judge and the case may be transferred from the general sessions court unless the defendant objects after notification by the solicitor pursuant to the provisions of this item. The objection may be made orally or in writing at any time prior to the trial of the case. The objection may be made to the chief administrative criminal circuit court judge who granted the petition, the trial judge, or the solicitor. Before impanelling the jury, the trial judge must receive an affirmative waiver by the defendant, if present, of his right to have the case tried in general sessions court. The defendant must be informed that, if tried in general sessions court, the case would be tried in front of twelve jurors who must reach a unanimous verdict before a finding of guilty of the offense can be rendered in his case, and that if tried in magistrates or municipal court, the case would be tried in front of six jurors who must reach a unanimous verdict before a finding of guilty of the offense can be reached in his case."/.
Renumber sections to conform.
Amend title to conform.
Senator HOLLAND explained the amendment.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
Senators HOLLAND, McCONNELL, WILSON, STILWELL, MOORE, RUSSELL, ROSE, HAYES, COURTNEY and JACKSON proposed the following Amendment No. 2 (JUD4323.006), 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 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 the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/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' means a person less than seventeen years of age, where the child is dealt with as a juvenile delinquent. `Child' does not mean a person sixteen years of age or older who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more. However, a person sixteen years of age who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more may be remanded to the family court for disposition of the charge at the discretion of the solicitor. Where the child is dealt with as a dependent or neglected child, the term `child' shall mean a person under eighteen years of age."/.
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/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 child shall be transferred or retained in the following instances 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 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 child 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 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 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 applicable and to such offenses as shall be created in the future unless the General Assembly shall specifically directs otherwise direct.
(2) Whenever 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 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, if committed by an adult, would be a misdemeanor, or a Class E or F felony as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of ten years or less, if committed by an adult 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 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 an offense which, if committed by an adult, would be a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more, the court, may after full investigation and hearing, if it deems may determine it contrary to the best interest of such the child or of the public to retain jurisdiction,. The court, 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 offenses 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, 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 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, the provisions of Section 20-7-780 dealing with the confidentiality of identity and fingerprints will not be applicable.
(8) 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) 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, 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 the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Section 20-7-770 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 20-7-770. Notwithstanding the right of a person to petition the Family Court family court pursuant to Section 20-7-780 for the release of a person's record of juvenile adjudications, upon the request of the Attorney General, a circuit solicitor, or a law enforcement officer which is made pursuant to a current criminal investigation or prosecution, the South Carolina Law Enforcement Division or the Department of Juvenile Justice, or both if requested, shall provide the requesting party with a copy of the juvenile criminal record of a person adjudicated as a juvenile for the commission of a violent crime. This information shall not be disseminated except as authorized in Section 20-7-780. , as defined in Section 16-1-60. A person with a record for an adjudicated violent crime must have his juvenile criminal record maintained by the Department of Juvenile Justice for at least ten years after the date of the violent offense adjudication. The juvenile record of a person must be maintained by the South Carolina Law Enforcement Division and the Department of Juvenile Justice for the same period as for offenses committed by an adult."/.
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Section 20-7-780(C) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(C) A juvenile charged with committing a violent an offense as defined in Section 16-1-60, or charged with committing grand larceny of a motor vehicle, may must be fingerprinted by the law enforcement agency who takes the juvenile into custody if the juvenile is charged with:
(1) a violent crime as defined in Section 16-1-60;
(2) grand larceny of a motor vehicle;
(3) a crime in which a weapon was used; or
(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44.
A juvenile charged with committing a nonviolent an offense other than those enumerated above in this subsection or a status offense must may not be fingerprinted by law enforcement except upon order of a family court judge. The fingerprint records of a juvenile must be kept separate from the fingerprint records of adults. The fingerprint records of a juvenile must not be transmitted to the files of the State Law Enforcement Division. The fingerprint records of a juvenile must not be transmitted to the files of or to the Federal Bureau of Investigation or otherwise distributed or provided to another law enforcement agency unless the juvenile is adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60, or for grand larceny of a motor vehicle, for a crime in which a weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44. The fingerprint records of a juvenile who is not adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60, or for grand larceny of a motor vehicle, for a crime in which a weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44, upon notification to law enforcement, must be destroyed or otherwise expunged by the South Carolina Law Enforcement Division and the law enforcement agency who took the juvenile into custody.
The fingerprints and any record created by the South Carolina Law Enforcement Division as a result of the receipt of fingerprints of a juvenile pursuant to this subsection must not be disclosed for any purpose not specifically authorized by law or by a court order. The fingerprints of a juvenile adjudicated as delinquent for the commission of any of these crimes and any record created as a result of such information must be made available for criminal justice purposes. For the purposes of this section, `criminal justice purposes' means the performance of any activity directly involving the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused or convicted persons or criminal offenders, or the collection, storage, and dissemination of criminal history record information.
The Department of Juvenile Justice may fingerprint and photograph a juvenile upon commitment to a juvenile correctional institution. Fingerprints and photographs taken by the Department of Juvenile Justice remain confidential and must not be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for the purpose of aiding the department in apprehending an escapee from the department, or assisting the Missing Persons Information Center in the location or identification of a missing or runaway child, or except as otherwise provided in this section."/.
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Section 20-7-3300 of the 1976 Code, as last amended by Act 181, is further amended to read:
"Section 20-7-3300. Records and information of the department pertaining to juveniles shall be confidential as provided in Section 20-7-780; provided, however, that 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 such information and records to another department, or agency, or school district of state or local government, or a school district, or a private institution or facility licensed by the State as a child serving organization, where such is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. Records 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, for a crime in which a weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44, and committed to the Department of Juvenile Justice, a copy of, and, if requested, information pertaining to that person's juvenile criminal record. 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. The person's juvenile criminal record must be provided by the Department of Juvenile Justice to the principal of any school to which the person is seeking enrollment, upon the principal's request. 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 deemed 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 the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Section 23-3-120 of the 1976 Code is amended to read:
"Section 23-3-120. All law-enforcement law enforcement agencies and court officials shall report to the system all criminal data within their respective jurisdictions and such information related thereto at such times and in such form as the system through the State Law-Enforcement Law Enforcement Division may require. This information must include criminal data and related information on juveniles charged with offenses within their respective jurisdictions pursuant to Section 20-7-780."/.
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Section 24-19-10(d) of the 1976 Code is amended to read:
"(d) `Youthful offender' means all male and female offenders an offender who are is under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-430, who is sixteen years of age and has been charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more, or who is seventeen but less than twenty-five years of age at the time of conviction."/.
Renumber sections to conform.
Amend title to conform.
Senator HOLLAND explained the amendment.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
Senators HOLLAND and RICHTER proposed the following Amendment No. 3 (JUD4323.008), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Section 20-7-600(B) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(B) When a child is not released pursuant to subsection (A), the officer taking the child into custody shall immediately shall notify the authorized representative of the Department of Juvenile Justice, who shall respond within one hour to the location where the child is being detained. Upon responding, the authorized representative of the department shall review the facts in the officer's report or petition and any other relevant facts and determine advise the officer if, in his opinion, there is a need for detention of the child. The officer's written report must be furnished to the authorized representatives of the department and must state:
(1) the facts of the offense;
(2) the reason why the child was not released to the parent. Unless the child is to be detained, the child must be released by the authorized representative of the department officer to the custody of his parents or other responsible adult upon their written promise to bring the child to the court at a stated time or at a time the court may direct. However, if the offense for which the child was taken into custody is a violent crime as defined in Section 16-1-60 the child may be released only by the authorized representative of the department with the consent of the officer who took the child into custody. If the officer does not consent to the release of the child, the parents or other responsible adult may apply to any judge of the family court within the circuit for an ex parte order of release of the child. The officer's written report must be furnished to the family court judge. The family court judge may establish conditions for such release."/.
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Section 20-7-600(F) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(F) When the authorized representative of the Department of Juvenile Justice officer who took the child into custody determines that placement of a juvenile outside the home is necessary, he the authorized representative of the Department of Juvenile Justice shall make a diligent effort to place the child in an approved home, program, or facility, other than a secure juvenile detention facility, when these alternatives are appropriate and available. A child is eligible for detention in a secure juvenile detention facility only if the child:
(1) is charged with a violent crime as defined in Section 16-1-60;
(2) is charged with a crime which, if committed by an adult, would be a felony other than a violent crime, and the child:
(a) is already detained or on probation or conditional release in connection with another delinquency proceeding;
(b) has a demonstrable recent record of wilful failures to appear at court proceedings;
(c) has a demonstrable recent record of violent conduct resulting in physical injury to others; or
(d) has a demonstrable recent record of adjudications for other felonies; and:
(i) there is clear and convincing evidence to establish a risk of flight, or serious harm to others reason to believe the child is a flight risk or poses a threat of serious harm to others; or
(ii) the instant offense involved the use of a firearm;
(3) is a fugitive from another jurisdiction;
(4) requests protection in writing under circumstances that present an immediate threat of serious physical injury;
(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.
A child who meets the criteria provided in this subsection is eligible for detention. Detention is not mandatory for a child meeting the criteria if that child can be supervised adequately at home or in a less secure setting or program. If the officer does not consent to the release of the child, the parents or other responsible adult may apply to any judge of the family court within the circuit for an ex parte order of release of the child. The officer's written report must be furnished to the family court judge. The family court judge may establish conditions for such release."/.
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Section 20-7-600(H) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(H) If the authorized representative of the Department of Juvenile Justice officer who took the child into custody has not released the child to the custody of his parents or other responsible adult, the court shall hold a detention hearing within twenty-four forty-eight hours from the time the child was taken into custody, excluding Saturdays, Sundays, and holidays. At this hearing, the authorized representative of the department shall submit to the court a report stating the facts surrounding the case and a recommendation as to the child's continued detention pending the adjudicatory and dispositional hearings. The court shall appoint counsel for the child if none is retained. No child may proceed without counsel in this hearing, unless the child waives the right to counsel, and then only after consulting at least once with an attorney. At the conclusion of this hearing, the court shall determine whether probable cause exists to justify the detention of the child as well as determining the appropriateness of, and need for, the child's continued detention. If continued detention of a juvenile is considered appropriate by the court and if a juvenile detention facility exists in that county which meets state and federal requirements for the secure detention of juveniles, or if that facility exists in another county with which the committing county has a contract for the secure detention 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, the Family Court family court shall order the detention of the juvenile in that facility. Periodic reviews of the detention order must be conducted in accordance with the rules of practice in a Family Court 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 require continued detention under the terms of subsection (F), the child must be released to a parent, guardian, or other responsible person."/.
Renumber sections to conform.
Amend title to conform.
Senator HOLLAND explained the amendment.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
Senators RYBERG, BRYAN and LAND proposed the following Amendment No. 4 (PT\1236DW.94), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Section 20-7-2115 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 20-7-2115. The department is charged with the responsibility of making aftercare investigations to determine suitable placement for children considered for conditional release from the correctional schools. The department shall also have the responsibility of supervising the aftercare program, making revocation investigations, and submitting findings to the parole board.
The director and such staff as he shall designate in the performance of their duties of investigation, counseling and supervision, and revocation investigations, are considered official representatives of the parole board.
The director and his staff shall be are subject to the rules and regulations for parole and parole revocation promulgated by the parole board and shall meet with the parole board at its meetings when requested. Community-based counselors, or their supervisors, with assigned clients committed to institutions of the department shall periodically visit the institutions in order to counsel their clients and accomplish such the duties as outlined in this subarticle.
Recognizing the need to maintain autonomy and to provide a check and balance system, the Director of the Department of Juvenile Justice parole board shall employ a deputy director of parole director of parole and other staff necessary to carry out the duties of parole examinations, victim liaison, and revocation hearings. The deputy director serves at the will and pleasure of the Director of Department of Juvenile Justice parole board. All staff are employees of the department parole board and are directly responsible to the department parole board both administratively and operationally. Funds allocated for the functions designated in this section must be incorporated as a line item within the department's budget and are subject to administrative control by the parole board.
The department shall continue to provide the budgetary, fiscal, personnel, and training information resources and other support considered necessary by the parole board to perform its mandated functions."/
Renumber sections to conform.
Amend title to conform.
Senator HOLLAND explained the amendment.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
Senator RICHTER proposed the following Amendment No. 5 (4323R022.LER):
Amend the bill, as and if amended, page 12, after line 36, by adding an appropriately numbered SECTION to read:
/SECTION . Section 16-1-120 of the 1976 Code is amended by adding:
"Section 16-1-120. (1) When an individual who was convicted of a felony offense has been released from prison, whether on parole or by completion of the sentence, is convicted of another criminal offense, the individual shall have added to the sentence imposed for the subsequent conviction such additional time as provided below:
(A) if the subsequent offense was committed within forty-five days of his release, five years shall be added to the sentence mandated by the subsequent conviction.
(B) if the subsequent offense was committed within ninety days of his release, four years shall be added to the sentence mandated by the subsequent conviction.
(C) if the subsequent offense was committed within one hundred and eighty days of his release, three years shall be added to the sentence mandated by the subsequent conviction.
(D) if the subsequent offense was committed within two hundred and seventy days of his release, two years shall be added to the sentence mandated by the subsequent conviction.
(E) if the subsequent offense was committed within three hundred and sixty days of his release, one year shall be added to the sentence mandated by the subsequent conviction.
(2) No portion of the additional term provided for herein may be suspended and no such additional term may be reduced by any early release program, work credit or similar program, but must be served in full."/
Amend title to conform.
Senator RICHTER explained the amendment.
On motion of Senator MOORE, with unanimous consent, debate was interrupted by adjournment with Senator RICHTER retaining the floor.
At 12:45 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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