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:
Eternal God, the Source of all that is good, we are grateful for joys that cheer us and for trials that teach us to put our trust in God. Give us always the will to accept Your help when the poisonous arrows of temptation are aimed to tear us away from the best. Give to all who serve in government fairness of appraisal, poise in confusion, the kindly heart, nobility of goodness, and a child-like trust in God - all combining to make of us "a people after God's own heart."
To You, Lord, we give unending praise and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. PHILLIPS moved that when the House adjourns, it adjourn in memory of Charles S. Greene of Cherokee County, which was agreed to.
The following was taken up for immediate consideration and accepted.
December 14, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Broadcasters Association would like to extend an invitation to the House members for a breakfast reception in Room 208 of the Blatt Building on Thursday, February 1, 8:00 - 10:00 A.M.
We look forward to seeing you there.
Happy Holidays!
Ron Loewen
The following were received and referred to the Committee on Invitations and Memorial Resolutions.
September 12, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
Please allow this letter to serve as a confirmation of the conversation with Ms. Colette Murray of your office. The South Carolina Association of Counties has issued an invitation to the members of the South Carolina House of Representatives and attaches to attend a Legislative Reception on Wednesday, February 14, 1996, from 6:00 to 7:30 P.M. at the Embassy Suites Hotel in Columbia. This reception is in conjunction with the Association's Ninth Annual Mid-Year Conference for County Officials.
We would request that this event be placed on the House of Representatives Calendar for 1996. We look forward to having the members of the House with us on the evening of February 14.
Thanking you for your assistance and with best wishes, I am
Very truly yours,
Raymond C. Eubanks, Jr.
President
November 8, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Municipal Association of South Carolina would like to extend an invitation to members of the South Carolina House of Representatives to attend a reception on Wednesday evening, February 28, 1996, from 6:00 P.M. to 7:30 P.M. at the Columbia Adam's Mark Hotel. This reception is part of the Association's 22nd Annual Winter Meeting & Legislative Conference.
Best wishes,
Sincerely,
Lessie Price
Council Member, Aiken
PRESIDENT
July 5, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
Please accept an invitation on behalf of the South Carolina Vocational Association and the South Carolina Vocational Directors Association for all House members to attend a brunch in Room 208 of the Blatt Building on Thursday, February 15, 1996, from 9:00 A.M. until 10:00 A.M. We would like to let all House members know how much we appreciate the work you do for us and the support we have received over the years. We will have a seminar for Vocational Educators, business and industry leaders, and other supporters of our programs from 12:00 Noon until 2:00 P.M. that same day in Room 201 of the Blatt Building. Please let all House members know they are invited and welcome to attend this activity also.
Thank you for your time and your consideration of the brunch and seminar invitation on February 15, 1996, from 9:00 A.M. until 10:00 A.M. in Blatt 208 and from Noon until 2:00 P.M. in Room 201 downstairs for the seminar.
Sincerely,
Corry L. Hudson
SCVA and SCVDA Legislative Committees
August 16, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Palmetto Coalition and the various groups associated with it are inviting all members of the General Assembly to a Drop In on Thursday, February 22, 1996, from 9:00 A.M. to 10:00 A.M., in Room 208 in the Blatt Building.
We'll have coffee and doughnuts for our elected officials. There will be some comments about our legislative goals for 1995-1996.
Yours truly,
Jim Gordon
September 13, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
Confirming Colette Murray Swann's telephone conversation with Jan Gerhart of this office, the House of Representatives has reserved Tuesday, February 20, 1996, for The Electric Cooperatives of South Carolina's Legislative Appreciation Reception. All members and staff of the House are invited to attend.
The reception is scheduled to be held at the Adam's Mark Hotel in Columbia from 6:00-7:30 P.M.
We appreciate Colette's assistance in scheduling this event.
Sincerely,
Fred A. Cole
President and Chief Executive Officer
October 24, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina School for the Deaf and the Blind will host a luncheon for all members of the Senate and all members of the House of Representatives as well as other friends of the agency on Wednesday, February 21, 1996.
The luncheon will be held in Room 221 of the Blatt Building beginning upon adjournment and lasting until 2:00 P.M. Guests are invited to drop by at their convenience during this time.
We would very much appreciate having this invitation announced in the House of Representatives Invitations Calendar.
Sincerely yours,
Joseph P. Finnegan, Jr.
President
December 8, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Farm Bureau Federation cordially extends an invitation to the members of the House, Research Directors, Administrative Assistants, Secretaries, Spouses and/or escorts, to attend our annual Legislative Banquet on Tuesday, February 13, 1996, at 6:00 P.M. at the Moore Building, State Fairgrounds, in Columbia.
Traditionally, we begin on time and present a very short program... that is our plan this year. We will not hold you to a late hour.
Sincerely,
Benjie Rhoad
Assistant to the President
December 13, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
Members of the House of Representatives of the South Carolina General Assembly are cordially invited to the eighth annual Drop-in for the Representatives on Thursday, February 8, 1996, from 8:30 to 10:00 A.M. in Room 208 of the Blatt Building.
Co-hosting the event are The Arc of South Carolina, an organization on mental retardation; South Carolina Autism Society; Brain Injury Association of South Carolina; South Carolina Spinal Cord Injury Association; South Carolina Disabilities Research Commission; South Carolina Human Service Providers, Inc.; Disability Action Center; and Disability Coalition of South Carolina.
We hope each of the House Members will take a few minutes to join us for coffee and rolls and to meet representatives from our organizations.
If you need further information, please call me at 787-0286. We look forward to the Representatives dropping in to meet us on February 8, 1996!
Sincerely,
Mrs. Jacquelyn E. Robey
Coordinator
Legislative Drop-in Planning Committee
January 3, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the York County Council of Chambers and the "York County Day" Planning Committee, I would like to extend a cordial invitation to the members of the South Carolina House of Representatives to attend the ninth annual York County Day reception. The event will be from 6:00 P.M. until 8:00 P.M. on Tuesday, February 27, 1996, at the Columbia Adam's Mark.
We appreciate the Invitation Committee's cooperation and helpfulness in coordinating this event in past years, and we look forward to hearing from you concerning York County Day '96.
Should you have any questions, please contact Rob Youngblood at the Rock Hill Chamber of Commerce (ph. 803/324-7500).
Sincerely,
Roger Sovde
Event Chairman
January 3, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
Please accept this letter as an invitation to all members of the House and their staff to attend a Legislative Breakfast on February 14, 1996, at 7:30 A.M. at the Capital City Club. This breakfast will feature nationally known commentator and author Chuck Colson as speaker and will be used by the Justice Fellowship Task Force to unveil The Plan for Restoring Justice. Senate members and staff and other state government officials will also be invited to this event.
Please do not hesitate to contact me if you have any questions. Thank you for your attention to this matter.
Sincerely,
Hal W. Stevenson
Task Force Chairman
January 10, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Town House Associates, Inc., new owner of the Clarion Town House Hotel would like to extend an invitation to the members of the House of Representatives and staff to a Lowcounty oyster roast on Wednesday, February 7 from 6:00 P.M. - 8:00 P.M. at the Clarion Town House Hotel.
We would like to be placed on your Calendar for this function, if possible.
I look forward to hearing from your office.
Best regards,
Bill Ellen
January 15, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
Welcome back to a new and exciting year at the State House!
On behalf of the Manufactured Housing Institute of South Carolina, I am delighted to extend a reception invitation to all South Carolina House members, staff members, pages, etc. This legislative reception will be held on Wednesday, February 21, 1996, at The Capital City Club, AT&T Building, 1201 Main Street from 6:00 P.M. until 8:00 P.M.
Invitations will be mailed directly from our office to each Representative. Attached is the completed host questionnaire.
Please call Kim Sox at (803)794-5570 with any questions. Thank you very much.
Sincerely,
Kimberly A. Sox
January 15, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
I would like to request permission to invite the members of the General Assembly to an evening reception on February 6, 1996, from 6:30 to 8:00 P.M. This reception is hosted by the South Carolina Pest Control Association, and is being held at the Sheraton Convention Center on Bush River Road in Columbia. If you need any additional information, I can be reached at (803)278-1070.
Sincerely,
Mary Beth Borden
Legislative Social Chairperson
S.C. Pest Control Association
January 15, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Congress of Parents and Teachers (SCPTA) would like to invite all members of the House of Representatives to a continental breakfast on February 7, 1996.
This breakfast is being held in conjunction with our annual Legislative Conference. The breakfast will be held in the Blatt Building, Room 208, from 7:00 - 8:30 A.M.
We look forward to seeing as many of the members of the House as possible at this time.
Sincerely,
Beverly A. Hildreth, President
Richard Mock, Vice President for Legislation
South Carolina PTA
The following was received and referred to the appropriate committee for consideration.
Document No. 1901
Promulgated By Department of Health and Environmental Control
NPDES Permits
Received By Speaker January 24, 1996
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 24, 1996
On motion of Rep. FLEMING, with unanimous consent, the following was taken up for immediate consideration:
H. 4495 -- Rep. Fleming: A HOUSE RESOLUTION CONGRATULATING THE UNION HIGH SCHOOL YELLOW JACKETS FOOTBALL TEAM FOR WINNING THE 1995 CLASS AAAA STATE CHAMPIONSHIP AND GRANTING THE TEAM, COACHES, AND SCHOOL OFFICIALS THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, FEBRUARY 29, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER.
Whereas, the members of the House of Representatives were delighted to learn that the Union High School Yellow Jackets Football Team has won the 1995 Class AAAA State Championship; and
Whereas, the Union Yellow Jackets, which won the Division II-4A State Crown in 1990 with a win over Lancaster, used a lethal passing attack to bump off the champion Walterboro Bulldogs with a 31-16 victory at Williams-Brice Stadium in Columbia; and
Whereas, the win also boosted Union's winning streak to five in a row to close out the season and this fine team rose to the occasion by hard work and perseverance finishing with an 11-4 record; and
Whereas, the Jackets soared in the playoffs and outscored the opposition 141-49 in four contests; and
Whereas, Union High's Head Coach Shell Dula and his staff guided the Yellow Jackets to the pinnacle of success during the 1995 football season; and
Whereas, the Yellow Jackets of Union High School exhibited outstanding talent, hard work, determination, and unity in the season just completed and are highly deserving of recognition for their accomplishments. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, congratulate the Union High School Yellow Jackets Football Team for winning the 1995 Class AAAA State Championship.
Be it further resolved that the team, coaches, and school officials be granted the privilege of the floor of the House of Representatives for the purpose of being recognized and congratulated on Thursday, February 29, 1996, at a time to be determined by the Speaker.
Be it further resolved that a copy of this resolution be forwarded to Shell Dula, Head Coach of Union High School's Football Team, and to Harold Blackmon, Principal of Union High School.
The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4496 -- Reps. Stuart, Vaughn, Fleming, Seithel, Limbaugh, Simrill, Rice, Sandifer, Whatley, Walker, Cotty, Sheheen, Cromer, Neilson, Wilkes, Hutson, Shissias, Klauber, Stille, Harrison, Wells, S. Whipper, Littlejohn, Thomas, Allison, Wilkins, J. Young and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-3-23 SO AS TO PROVIDE THAT THE ANNUAL COMPENSATION OF MEMBERS OF THE GENERAL ASSEMBLY SHALL BE PAID IN FIVE EQUAL MONTHLY INSTALLMENTS, TO PROVIDE THAT ANY PERSON ELECTED TO THE GENERAL ASSEMBLY TO FILL A VACANCY SHALL RECEIVE A PRO RATA PORTION OF SUCH COMPENSATION FOR THE TIME HE SERVES DURING THAT SESSION OF THE GENERAL ASSEMBLY, AND TO PROVIDE THAT IF MORE THAN ONE PERSON REPRESENTS ANY HOUSE OR SENATE DISTRICT DURING AN ANNUAL SESSION OF THE GENERAL ASSEMBLY, THESE PERSONS IN TOTAL MAY NOT BE COMPENSATED MORE THAN WHAT A SINGLE REPRESENTATIVE OR SENATOR FROM THAT DISTRICT WOULD HAVE RECEIVED FOR THAT SESSION.
Referred to Committee on Ways and Means.
H. 4497 -- Rep. Cato: A BILL TO DESIGNATE SECTIONS 38-9-10 THROUGH 38-9-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS AS ARTICLE 1 OF CHAPTER 9, TITLE 38 AND ENTITLE THAT ARTICLE "GENERAL PROVISIONS"; TO AMEND CHAPTER 9, TITLE 38 BY ADDING ARTICLE 3 SO AS TO ENACT PROVISIONS REQUIRING INSURERS TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN RISK BASED CAPITAL; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.
Referred to Committee on Ways and Means.
H. 4498 -- Reps. Harrison, Hodges, Jennings, D. Smith, Cromer, Wofford, Govan, Tucker, Fleming, Knotts, Shissias, Thomas and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-4096 SO AS TO PROHIBIT TRESPASSING UPON RAILROAD TRACKS AND PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary.
H. 4500 -- Reps. Cave and Rhoad: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF OCTOBER 13, 1995, MISSED BY STUDENTS OF BARNWELL SCHOOL DISTRICT 19 IN BARNWELL COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO A FATAL SHOOTING INCIDENT IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. SHEHEEN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The following was introduced:
H. 4499 -- Rep. Gamble: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED CAREER IN PUBLIC SERVICE OF MR. MILTON W. (MILT) DUFFORD OF THE DEPARTMENT OF PUBLIC SAFETY UPON HIS RETIREMENT AS DIRECTOR OF THE DIVISION OF MOTOR VEHICLES AND EXTENDING TO HIM THEIR BEST WISHES FOR A HAPPY, HEALTHY, AND PRODUCTIVE RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Boan Breeland Brown, G. Brown, H. Brown, J. Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cromer Dantzler Easterday Elliott Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Jaskwhich Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Phillips Rhoad Rice Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkins Williams Witherspoon Wofford Worley Wright Young Young-Brickell
I came in after the roll call and was present for the Session on Thursday, January 25.
Lewis R. Vaughn Joseph H. Neal Denny W. Neilson F.G. Delleney, Jr. Ronald N. Fleming Molly M. Spearman Curtis B. Inabinett Timothy C. Wilkes H.B. Limehouse III Theodore A. Brown Kenneth Kennedy C. Alex Harvin III Alma W. Byrd William F. Cotty Jerry N. Govan, Jr. G. Ralph Davenport, Jr. John G. Felder Douglas Jennings, Jr. Joseph T. McElveen, Jr.
DOCTOR OF THE DAY
Announcement was made that Dr. Randolph Smoak of Orangeburg is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4491 -- Reps. Phillips and McCraw: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF JANUARY 10, 11, AND 12, 1996, MISSED BY STUDENTS OF CHEROKEE SCHOOL DISTRICT 1 IN CHEROKEE COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND ICE CONDITIONS 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.
S. 1042 -- Senator Bryan: A BILL TO AMEND ACT SECTION 1(F) OF ACT 779 OF 1988, AS LAST AMENDED BY ACT 174 OF 1995, SO AS TO CHANGE THE DATE OF THE ELECTION TO ELECT A SCHOOL BOARD TRUSTEE IN ELECTION DISTRICTS 2, 4, AND 6 OF LAURENS COUNTY SCHOOL DISTRICT 55 FROM THE FIRST TUESDAY IN MARCH 1996, TO THE FIRST TUESDAY IN MARCH 1997.
H. 3750 -- Reps. Keyserling and Richardson: A BILL TO AMEND SECTION 50-17-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOURS AUTHORIZED FOR TRAWLING SHRIMP.
Rep. WITHERSPOON explained the Bill.
H. 4332 -- Reps. Sharpe, Sandifer and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-423 SO AS TO REQUIRE THE USE OF APPROVED BYCATCH REDUCTION DEVICES IN SHRIMP TRAWLS.
Rep. WITHERSPOON explained the Bill.
H. 4334 -- Reps. Sharpe, Sandifer, Inabinett and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-800 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR THE TAKING OF EELS.
Rep. WITHERSPOON explained the Bill.
S. 771 -- Senators Holland and Williams: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO PROVIDE THAT ALL CANDIDATES, EXCEPT FOR PETITION CANDIDATES, MUST FILE THEIR STATEMENTS OF INTENTION OF CANDIDACY BETWEEN THE SIXTEENTH OF MARCH AND THE THIRTIETH OF MARCH, TO PROVIDE THAT CANDIDATES SEEKING NOMINATION FOR THE OFFICE OF STATE SENATE OR THE HOUSE OF REPRESENTATIVES MUST FILE THEIR STATEMENTS OF INTENTION OF CANDIDACY WITH THE COUNTY EXECUTIVE COMMITTEE OF THEIR RESPECTIVE PARTIES IN THEIR COUNTY OF RESIDENCE, WHICH MUST IN TURN TRANSMIT THESE STATEMENTS TO THE EXECUTIVE COMMITTEE OF THE STATE PARTY, AND TO DELETE PROVISIONS RELATING TO PETITION CANDIDATES; TO AMEND SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO AS TO PROVIDE THAT ALL CANDIDATES UNDER THIS SECTION MUST SUBMIT A NOTICE OR PLEDGE NO LATER THAN THE THIRTIETH OF MARCH; TO AMEND SECTION 7-13-40, AS AMENDED, RELATING TO CERTIFICATION OF CANDIDATES, SO AS TO PROVIDE THAT CERTIFICATION OF THE NAMES OF CANDIDATES TO BE PLACED ON PRIMARY BALLOTS MUST BE MADE NOT LATER THAN TWELVE O'CLOCK NOON ON APRIL NINTH; AND TO AMEND SECTION 7-13-190, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES, SO AS TO PROVIDE THAT FILING FOR PETITION CANDIDATES MUST OPEN AT NOON ON THE ELEVENTH TUESDAY AFTER THE VACANCY OCCURS FOR A PERIOD TO CLOSE SEVEN DAYS LATER AT NOON.
Rep. CROMER explained the Bill.
On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that H. 4491 be read the third time tomorrow.
On motion of Rep. STODDARD, with unanimous consent, it was ordered that S. 1042 be read the third time tomorrow.
On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 3750 be read the third time tomorrow.
On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 4334 be read the third time tomorrow.
On motion of Rep. CROMER, with unanimous consent, it was ordered that S. 771 be read the third time tomorrow.
The following Joint Resolution was taken up.
H. 3512 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO THE REPEAL OF PARENT-ORIENTED EDUCATION PROGRAMS AND THE PROMULGATION OF PARENT/FAMILY LITERACY PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. JASKWHICH moved to recommit the Joint Resolution to the Committee on Education and Public Works, which was agreed to.
The following Joint Resolution was taken up.
H. 3968 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO RELOCATABLE CLASSROOMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1765, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. JASKWHICH moved to recommit the Joint Resolution to the Committee on Education and Public Works, which was agreed to.
The following Bill was taken up.
H. 4100 -- Rep. Thomas: A BILL TO AMEND SECTION 44-55-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY TO COLLECT AND DISPOSE OF SOLID WASTE AND LEVY A SERVICE CHARGE FOR COLLECTION SERVICES, SO AS TO ADD THE AUTHORITY TO LEVY A SERVICE CHARGE FOR DISPOSAL OF SOLID WASTE, AND PROVIDE A PROCEDURE FOR COLLECTING A DELINQUENT SERVICE CHARGE.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2164DW.96).
Amend the bill, as and if amended, SECTION 1, Section 44-55-1210 of the 1976 Code, Line 31, by striking /and/ and inserting /or/ and after /services/ by inserting /,or both/ so that when amended subsection (A) shall read:
/(A) The governing body of any county may by ordinance or resolution provide that the county shall engage in the collection and disposal of solid waste. Such This collection and disposal may be accomplished either by use of county employees and equipment or by contract with private agencies or municipalities of the county. Service charges may be levied against persons for whom collection or disposal services ,or both are provided whether such the services are performed by the county, a municipality, or a private agency./
Amend title to conform.
Rep. HERDKLOTZ explained the amendment.
Rep. HERDKLOTZ continued speaking.
Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
H. 4338 -- Reps. Sharpe, Witherspoon, Riser and Seithel: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, AND SECTION 50-11-390, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES WITH RESPECT TO GAME ZONES, SO AS TO AUTHORIZE SUNDAY HUNTING ON PRIVATE LAND IN GAME ZONES 1, 2, AND 4 UNDER CERTAIN CONDITIONS.
Rep. HODGES made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
S. 275 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-21-860 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROHIBIT THE USE OF AIRBOATS ON THE WACCAMAW, THE GREAT PEE DEE, THE LITTLE PEE DEE, THE BLACK, AND THE SAMPIT RIVERS IN GEORGETOWN COUNTY.
The Agriculture, Natural Resources & Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22200AC.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-21-860 of the 1976 Code, as amended by Section 1269, Act 181 of 1993, is further amended to read:
"Section 50-21-860. (A) As used in this section, 'airboat' means a watercraft propelled by air pressure caused by a motor mounted on the watercraft aboveboard.
(A)(B) It is unlawful for a person to operate an airboat on:
(1) the public waters of this State from the freshwater-saltwater dividing line, established by Section 50-17-35 50-17-30, seaward.;
(2) the waters of the Waccamaw, the Great Pee Dee, the Little Pee Dee, the Black, and the Sampit Rivers in Georgetown and Horry Counties during the season for hunting waterfowl;
(B) It is unlawful to operate an airboat on(3) the waters on of that portion of Lake Marion and Santee Swamp west of the I-95 bridge upstream to the confluence of the Congaree and Wateree Rivers during the season for hunting waterfowl.
(C) Any A person violating the provisions of this section, upon conviction, must be punished as provided by Section 50-1-130.
(D) The provisions of this section do not apply to:
(1) the operation of airboats by the following personnel while in the performance of their official duties:
(a) law enforcement,;
(b) emergency medical,;
(c) civil defense, noxious weed control,;
(d) military personnel,;
(e) those involved in state and federally approved wildlife banding, surveying, or biological research programs,; and
(2) activity on private waters."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SHARPE, with unanimous consent, it was ordered that S. 275 be read the third time tomorrow.
The following Bill was taken up.
H. 3229 -- Reps. L. Whipper, Fulmer, Spearman, Harrell, Simrill, Clyburn, Breeland, G. Brown, Robinson, R. Smith, Tripp, Limehouse and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1045 SO AS TO MAKE IT UNLAWFUL AND A FELONY FOR ANY PERSON AT LEAST EIGHTEEN YEARS OF AGE TO USE, SOLICIT, INDUCE, COERCE, OR EMPLOY A PERSON UNDER EIGHTEEN TO COMMIT A VIOLENT CRIME OR THE CRIME OF LYNCHING, ALSO TO MAKE IT UNLAWFUL TO CONSPIRE TO DO THE ABOVE, AND TO PROVIDE PENALTIES FOR VIOLATION.
The Committee on Judiciary proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10513SD.96), which was adopted.
Amend the bill, as and if amended, by striking Section 16-3-1045 of the 1976 Code as contained in Section 1 and inserting:
/"Section 16-3-1045. (A) It is unlawful for any person at least eighteen years of age to knowingly and intentionally:
(1) use, solicit, direct, hire, persuade, induce, entice, coerce, or employ a person under eighteen years of age to commit a violent crime as defined in Section 16-1-60, the crime of lynching as a result of mob violence prohibited by Article 3, Chapter 3 of this title, or the unlawful distribution of cocaine, crack cocaine, heroin, marijuana, or LSD;
(2) conspire to use, solicit, direct, hire, persuade, induce, entice, coerce, or employ a person under eighteen years of age to commit a violent crime as defined in Section 16-1-60, the crime of lynching as a result of mob violence prohibited by Article 3, Chapter 3 of this title, or the unlawful distribution of cocaine, crack cocaine, heroin, marijuana, or LSD.
(B) Any person who violates subsections (A)(1) or (A)(2) is guilty of a felony and, upon conviction, must be punished by a term of imprisonment of not less than five years nor more than fifteen years. Each violation of this section constitutes a separate offense.
(C) The felonies established in this section are supplemental to and do not supersede any other provisions of law which make the conduct referred to in subsection (A) unlawful."/
Amend title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SCOTT, with unanimous consent, it was ordered that H. 3229 be read the third time tomorrow.
The SPEAKER Pro Tempore granted Rep. KENNEDY a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 3858 -- Reps. Bailey, Rice, Baxley, Limbaugh, Simrill, Clyburn, Mason, Jennings, H. Brown, Moody-Lawrence, Wofford, A. Young, Shissias, Hutson, Dantzler, Williams, Stille, Boan, Law, Rhoad, Davenport, Kirsh, Littlejohn, J. Harris, Wright, Harrell and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1333 SO AS TO AUTHORIZE THE FAMILY COURT TO SUSPEND OR RESTRICT THE DRIVER'S LICENSE OF A CHILD ADJUDICATED DELINQUENT OR FOUND IN CONTEMPT OF COURT OR IN VIOLATION OF A TERM OR CONDITION OF PAROLE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\7847AC.96).
Amend the bill, as and if amended, by adding at the end of SECTION 1, Section 20-7-1333:
/(F) Upon suspending or restricting a child's driver's license under this section, the family court judge shall complete a form provided by and which must be remitted to the Department of Public Safety./ so that when amended the section reads:
/Section 20-7-1333. (A) If a child is adjudicated delinquent for a status offense or is found in violation of a court order relative to a status offense, the court may suspend or restrict the child's driver's license until the child's seventeenth birthday.
(B) If a child is adjudicated delinquent for violation of a criminal offense or is found in violation of a court order relative to a criminal offense or is found in violation of a term or condition of probation, the court may suspend or restrict the child's driver's license until the child's eighteenth birthday.
(C) If the court suspends the child's driver's license, the child must submit the license to the court and the court shall forward the license to the proper authorities for license suspension.
(D) If the court restricts the child's driver's license, the court may restrict the child's driving privileges to driving only to and from school or to and from work or as the court considers appropriate. Upon the court restricting a child's driver's license, the child must submit the license to the court and the court shall forward the license to the proper authorities for reissuance of the license with the restriction clearly noted.
(E) Notwithstanding the definition of a 'child' as provided for in Section 20-7-390, the court may suspend or restrict the driver's license of a child under the age of seventeen until the child's eighteenth birthday if subsection (B) applies.
(F) Upon suspending or restricting a child's driver's license under this section, the family court judge shall complete a form provided by and which must be remitted to the Department of Public Safety./
Amend title to conform.
Rep. MARTIN explained the amendment.
Rep. T. BROWN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
The Reading Clerk read the following House Resolution:
H. 4457 -- Rep. Wilkins: A HOUSE RESOLUTION TO SET THURSDAY, JANUARY 25, 1996, AT 10:30 A.M. AS THE TIME FOR ELECTING A MEMBER TO FILL A VACANCY ON THE HOUSE OPERATIONS AND MANAGEMENT COMMITTEE.
The SPEAKER Pro Tempore announced that nominations were in order for a member of the House Operations and Management Committee.
The following names were placed in nomination:
The Members of the House voted by electronic roll call.
The following named Representatives voted for Rep. RHOAD:
Anderson Bailey Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Dantzler Delleney Elliott Gamble Govan Harris, P. Harvin Hines, J. Hines, M. Hodges Howard Hutson Inabinett Kirsh Koon Lloyd Martin Mason McAbee McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Riser Rogers Scott Sheheen Shissias Stille Stoddard Townsend Whatley Whipper, L. Whipper, S. White Wilder Wilkes Williams Witherspoon
The following named Representatives voted for Rep. SANDIFER:
Allison Askins Boan Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Easterday Fleming Hallman Harrell Harris, J. Harrison Haskins Herdklotz Jaskwhich Keegan Kelley Keyserling Kinon Klauber Knotts Lanford Lee Limbaugh Littlejohn Marchbanks McKay Rice Robinson Sandifer Seithel Simrill Smith, D. Smith, R. Stuart Thomas Tripp Trotter Tucker Vaughn Walker Wells Wilkins Worley Wright Young Young-Brickell
Rep. RHOAD received 55
Rep. SANDIFER received 51
Whereupon, the SPEAKER Pro Tempore announced that Rep. RHOAD, having received a majority of the votes cast, was duly elected for the term prescribed by law.
The following Bill was taken up.
H. 3732 -- Reps. Martin, Herdklotz, Meacham, Thomas, Simrill, Stoddard, Fulmer, Witherspoon, Jennings, Stille, Sandifer, Baxley, Robinson, Law, Rice, Davenport, Hallman, Neilson, Delleney and Walker: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES ASSOCIATED WITH A PERSON DRIVING WHILE HIS LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO REVISE THE PENALTY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3452CM.96).
Amend the bill, as and if amended, Section 56-1-460(3), SECTION 1, page 1, by striking beginning on line 30 / imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge / and inserting:
/imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge fined one thousand dollars or imprisoned for not more than six months/
When amended item (3) of Section 56-1-460 reads:
/(3) for the a third and subsequent violation offense, imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge fined one thousand dollars or imprisoned for not more than six months./
Amend title to conform.
Rep. MARTIN explained the amendment.
Rep. SIMRILL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
S. 189 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-335 SO AS TO PROVIDE THAT CANDIDATES' NAMES IN CERTAIN ELECTIONS BE ARRANGED IN ALPHABETICAL ORDER; AND TO AMEND SECTION 7-13-610, AS AMENDED, RELATING TO BALLOT SPECIFICATIONS IN PARTY PRIMARIES, SO AS TO PROVIDE THAT THE BALLOT MUST CONTAIN THE NAMES OF PERSONS IN ALPHABETICAL ORDER.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2167DW.96).
Amend the bill, as and if amended, SECTION 1, page 1, line 25, by striking /(A)/; line 31 by striking /(B) The provisions of this section do not apply to a partisan election./
When amended, Section 7-13-335 as added by SECTION 1 shall read:
/"Section 7-13-335. The State Election Commission or the local entity responsible for printing general or special election ballots or the arrangement of a ballot by mechanical or electronic means shall conform these ballots to the requirements of Section 7-13-330. The names of candidates in nonpartisan and at-large, multi-seat races must be listed in alphabetical order."/
Amend title to conform.
Rep. CROMER explained the amendment.
Rep. COOPER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
S. 272 -- Senators Alexander, Leventis, O'Dell, Hayes, Rose and Giese: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE THAT SPECIAL ELECTIONS SHALL NOT BE HELD PRIOR TO THE GENERAL ELECTION IF THE DATE FOR THE SPECIAL ELECTION PROVIDED BY THE STATUTORY FORMULA IS WITHIN THIRTY DAYS OF THE GENERAL ELECTION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2169DW.96), which was adopted.
Amend the bill, as and if amended, by striking the title and inserting:
/TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE THAT SPECIAL ELECTIONS SHALL NOT BE HELD PRIOR TO THE GENERAL ELECTION IF THE DATE FOR THE SPECIAL ELECTION PROVIDED BY THE STATUTORY FORMULA IS WITHIN SIXTY DAYS OF THE GENERAL ELECTION./
Amend title to conform.
Rep. CROMER explained the amendment.
The amendment was then adopted.
Rep. CROMER explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that S. 272 be read the third time tomorrow.
The following Bill was taken up.
S. 641 -- Senator Williams: A BILL TO AMEND SECTION 7-5-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLOSING OF REGISTRATION BOOKS BEFORE ELECTIONS, SO AS TO PROVIDE THAT ANY PERSON ELIGIBLE TO REGISTER WHO HAS BEEN DISCHARGED FROM THE ARMED FORCES OR WHO HAS BEEN SEPARATED FROM HIS SERVICE OVERSEAS AND RETURNED HOME TOO LATE TO REGISTER AT THE TIME WHEN REGISTRATION IS REQUIRED IS ENTITLED TO REGISTER FOR THE PURPOSE OF VOTING IN THE NEXT ENSUING ELECTION AFTER THE DISCHARGE OR SEPARATION FROM SERVICE, UP TO 5:00 P.M. ON THE DAY OF THE ELECTION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2168DW.96), which was adopted.
Amend the bill, as and if amended, SECTION 1, page 1, line 40, by striking /overseas/.
When amended Section 7-5-150 as contained in SECTION 1 shall read:
/"Section 7-5-150. The registration books shall be closed thirty days before each election, but only as to that election or any second race or runoff resulting from that election, and shall remain closed until such the election shall have has taken place, anything in this article to the contrary notwithstanding; provided, that the registration books shall be closed thirty days before the June primary and shall remain closed until after the second primary and shall likewise be closed thirty days before the November general election. They shall thereafter be opened from time to time in accordance with the provisions of this article. Any person eligible to register who has been discharged or separated from his service in the Armed Forces of the United States, and returned home too late to register at the time when registration is required, is entitled to register for the purpose of voting in the next ensuing election after the discharge or separation from service, up to 5:00 p.m. on the day of the election. This application for registration must be made at the office of the board of voter registration in the county in which the person wishes to register, and if qualified, the person must be issued a registration notification stating the precinct in which he is entitled to vote and a certification to the managers of the precinct that he is entitled to vote and should be placed on the registration rolls of the precinct. Such persons as shall Persons who become of age during any such this period of thirty days shall be entitled to registration register before the closing of the books if otherwise qualified."/
Amend title to conform.
Rep. CROMER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that S. 641 be read the third time tomorrow.
The following Bill was taken up.
H. 3566 -- Reps. Harrison, Cobb-Hunter, Shissias, Quinn, Govan, Martin, Wright, Thomas, Kinon, Haskins, Allison, Neal and Limbaugh: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 30 SO AS TO ENACT THE JUVENILE JUSTICE CODE BY CONSOLIDATING INTO ONE ARTICLE ALL PROVISIONS OF LAW IN VARIOUS PARTS OF TITLE 20, CHAPTER 7, RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND RELATING TO DELINQUENCY PROCEEDINGS AND PROCEDURES; TO REPEAL SECTIONS 20-7-330, 20-7-340, 20-7-350, 20-7-360, 20-7-370, 20-7-380, 20-7-390, 20-7-430, 20-7-600, 20-7-605, 20-7-620, 20-7-630, 20-7-740, 20-7-770, 20-7-780, 20-7-1330, 20-7-2080, 20-7-2095, 20-7-2105, 20-7-2115, 20-7-2125, 20-7-2135, 20-7-2145, 20-7-2155, 20-7-2170, 20-7-2175, 20-7-2180, 20-7-2185, 20-7-2190, 20-7-2195, 20-7-2200, 20-7-2203, 20-7-2205, 20-7-2210, 20-7-3100, 20-7-3110, 20-7-3120, 20-7-3130, 20-7-3170, 20-7-3180, 20-7-3190, 20-7-3200, 20-7-3210, 20-7-3220, 20-7-3230, 20-7-3235, 20-7-3240, 20-7-3260, 20-7-3270, 20-7-3280, 20-7-3290, 20-7-3300, 20-7-3310, 20-7-3320, 20-7-3330, 20-7-3340, 20-7-3350, 20-7-3360, 20-7-3370, 20-7-3380, AND 20-7-4000, ALL RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND DELINQUENCY PROCEEDINGS AND PROCEDURES IN TITLE 20, CHAPTER 7 WHICH ARE CONSOLIDATED INTO ARTICLE 30 AS PROVIDED ABOVE.
The House Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\7848AC.96), which was adopted.
Amend the bill, as and if amended, Section 20-7-6845(4), page 7, line 18, after /facilities./ by inserting: /Transportation of the juvenile to and from a facility is the responsibility of the law enforcement agency having jurisdiction where the offense was committed. Transportation of juveniles between department facilities, if necessary, is the responsibility of the department./ so that when amended, item (4) reads:
/(4) providing juvenile detention services for juveniles charged with having committed a criminal offense who are found, after a detention screening or detention hearing, to require detention or placement outside the home pending an adjudication of delinquency or dispositional hearing. Detention services provided by the department for the benefit of the counties of this State must include secure juvenile detention centers. The size and capacity of the juvenile detention facilities needed must be determined by the department after its consideration and review of American Correctional Association standards for the design, construction, and operation of juvenile detention facilities. These recognized national standards must be met or exceeded by the department in determining the size and capacity of the juvenile detention centers and in planning for the construction and operation of the facilities. The department shall determine and announce the anticipated maximum operational capacity of each facility and shall contact each county governmental body in this State for the purpose of determining which counties anticipate utilizing these facilities upon each facility becoming operational. The department shall inform each county governmental body of the existing state and federal laws regarding the confinement of juveniles charged with committing criminal offenses, of each county's ability to develop its own facility or to contract with other counties for the development of a regional facility, and of the availability of the department's facilities. This notice must be provided to each county for the purpose of determining which county governmental bodies desire to enter into an intergovernmental agreement with the department for the detention of juveniles from their particular county who are charged with committing a criminal offense for which pretrial detention is both authorized and appropriate. No later than September 1, 1993, the department shall report to the Budget and Control Board on the strategy of each county to comply with requirements of counties under this article. The department must include with its report a plan for the construction and the operation of those facilities which are projected to be necessary for the preadjudicatory detention of juveniles in this State. No later than September first of each subsequent year, the department shall report to the board on the status of all preadjudicatory juvenile detention facilities known to be operational or planned, regardless of ownership or management. The board then will coordinate with all responsible and affected agencies and entities to ensure that adequate funding is identified to prevent the detention or incarceration of juveniles in adult jails anywhere within the State of South Carolina. Upon completion of each facility and upon the determination by the Jail and Prison Inspection Division of the Department of Corrections that each facility is staffed in accordance with relevant standards and can be operated in accordance with these standards, the division shall determine and announce the rated capacity of each facility. A facility operated by the Department of Juvenile Justice for the preadjudicatory detention of juveniles must be maintained and continued in operation for that purpose until approved for conversion or closure by the Budget and Control Board. However, a county which decides to maintain its own approved facilities or which has entered into a regional intergovernmental agreement, which has provided secure facilities for preadjudicatory juveniles, and which meets the standards set forth above, may continue to operate these facilities. County and regionally operated facilities are subject to inspection by the Jail and Prison Inspection Division of the Department of Corrections for compliance with the standards set forth above and those created pursuant to Section 24-9-20. The division has the same enforcement authority over county and regionally operated secure juvenile detention facilities as that which is provided in Section 24-9-30. A juvenile ordered detained in a facility must be interviewed within twenty-four hours after the detention hearing by a social worker or, if considered appropriate, by a psychologist, in order to determine whether the juvenile is emotionally disturbed, mentally ill, or otherwise in need of services. The services must be provided immediately. In Department of Juvenile Justice operated facilities, the department shall determine an amount of per diem for each child detained in a center, which must be paid by the governing body of the law enforcement agency having original jurisdiction where the offense occurred. The per diem paid by the governing body of the law enforcement agency having original jurisdiction where the offense occurred must be based on the average operating cost among all preadjudicatory state facilities. The Department of Juvenile Justice must assume one-third of the per diem cost and the governing body of the law enforcement agency having original jurisdiction where the offense occurred must assume two-thirds of the cost. Per diem funds received by the department must be placed in a separate account by the department for operation of all preadjudicatory state facilities. Transportation of the juvenile to and from a facility is the responsibility of the law enforcement agency having jurisdiction where the offense was committed. Transportation of juveniles between department facilities, if necessary, is the responsibility of the department./
Amend further, Section 20-7-6845(5), page 7, lines 20 and 41, by deleting /twenty-four/ and inserting /forty-eight/ so that when amended, item (5) reads:
/(5) Each secure facility which detains preadjudicatory youth longer than forty-eight hours, excluding weekends and state holidays, regardless of ownership or management, must have sufficient personnel to provide uninterrupted supervision and to provide administrative, program, and support requirements. Each of these facilities must have a minimum of two juvenile custodial officers on duty each shift, fully dressed, awake, and alert to operate the facility. At least one person shall directly supervise the juveniles at all times. At least one female juvenile custodial officer must be present and available to the female detention population at all times. Staff on duty must be sufficient to provide for a juvenile-staff ratio of no more than a maximum of eight juveniles to each custody staff person, excluding administrative, program, and other support staff. Staff shall prepare further a facility schedule of preplanned, structured, and productive activities. Schedules must be developed which include designated times for sleeping, dining, education, counseling, recreation, visitation, and personal time. Daily schedules should minimize idleness and promote constructive use of the juvenile's day. The Department of Juvenile Justice shall provide educational programs and services to all preadjudicatory juveniles in its custody. County and regionally operated facilities shall provide these services to all preadjudicatory juveniles who are detained locally for more than forty-eight hours, excluding weekends and state holidays, by contracting with the Department of Juvenile Justice or by arranging the services through the local school district in which the facility is located. Services which are arranged locally must be approved by the Department of Juvenile Justice as meeting all criteria developed under the authority of Section 20-7-6855./
Amend further, Section 20-7-6845(6), page 8, line 17, by deleting /twenty-four/ and inserting /forty-eight/ so that when amended, item (6) reads:
/(6) A county or regional subdivision may provide temporary holdover facilities for juveniles only if the facilities comply with this section and with all standards created under the provisions of Section 24-9-20, which must be monitored and enforced by the Jail and Prison Inspection Division of the South Carolina Department of Corrections pursuant to its authority under Sections 24-9-20 and 24-9-30. The standards shall provide for the regulation of temporary holdover facilities with regard to adequate square footage, juvenile accommodations, access to bathroom facilities, lighting, ventilation, distinctions between secure and nonsecure temporary holdover facilities, staffing qualifications, and additional requirements as may be specified. These facilities may hold juveniles during the period between initial custody and the initial detention hearing before a Family Court Judge for a period up to forty-eight hours, excluding weekends and state holidays./
Amend further, Section 20-7-7205 (C), page 13, line 16, by deleting /Section 20-7-6855/ and inserting /Section 20-7-8510/ so that when amended, subsection (C) reads:
/(C) When a child is taken into custody by a law enforcement officer for an offense which would be a misdemeanor or felony if committed by an adult, not including a traffic or wildlife violation over which courts other than the Family Court have concurrent jurisdiction as provided in Section 20-7-410, the law enforcement officer also shall notify the principal of the school in which the child is enrolled, if any, of the nature of the offense. This information may be used by the principal for monitoring and supervisory purposes but otherwise must be kept confidential by the principal in the same manner required by Section 20-7-8510./
Amend further, Section 20-7-7210(D), page 14, line 31, by deleting /twenty-four/ and inserting /forty-eight/ so that when amended, subsection (D) reads:
/(D) Temporary holdover facilities may hold juveniles during the period between initial custody and the initial detention hearing before a Family Court Judge for a period up to forty-eight hours, excluding weekends and state holidays./
Amend further, Section 20-7-7810, by deleting subsection (F), beginning on page 24, line 40, and inserting:
/(F) Notwithstanding Section 20-7-2170, a child who is guilty of a violation of law or other misconduct which would not be a criminal offense if committed by an adult, a child who has been found in contempt of court for violation of a court order related to a violation of law or other misconduct which would not be a criminal offense if committed by an adult, or a child who violates the conditions of probation for a violation of law or other misconduct which would not be a criminal offense if committed by an adult may be committed to the custody of a correctional institution operated by the Department of Juvenile Justice or to secure evaluation centers operated by the department for a determinate period not to exceed ninety days; however, a chid committed under this section may not be confined with a child who has been determined by the department to be violent./
Amend further, Section 20-7-8005, page 25, line 43, after /State/ by inserting /except as otherwise provided by law/ so that when amended, Section 20-7-8005 reads:
/Section 20-7-8005. From the time of lawful reception of a child by the Department of Juvenile Justice and during the child's stay in custody in a correctional institution, facility, or program operated by the department, the child shall be under the exclusive care, custody, and control of the department. All expenses must be borne by the State except as otherwise provided by law./
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 3566 be read the third time tomorrow.
The following Bill was taken up.
H. 4284 -- Reps. McAbee and Harrison: A BILL TO AMEND SECTION 15-49-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICATION FOR A NAME CHANGE, SO AS TO REQUIRE THE PERSON TO SUBMIT A CERTIFIED COPY OF HIS BIRTH CERTIFICATE AND TO PROHIBIT PETITIONING FOR A NAME CHANGE IF THE PERSON IS INCARCERATED, ON PROBATION, OR PAROLE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\7846AC.96), which was adopted.
Amend the bill, as and if amended, Section 15-49-10(A) page 1, line 27, by deleting /a certified copy of the person's birth certificate,/ so that when amended, Section 15-49-10(A) reads:
/(A) A person who desires to change his name may petition, in writing, a family court judge in the appropriate circuit, setting forth the reason for the change, his age, his place of residence and birth, and the name by which he desires to be known. However, no person may petition a family court judge for a name change while the person is incarcerated in the South Carolina Department of Corrections, on probation, or parole./
Amend title to conform.
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. KLAUBER, with unanimous consent, it was ordered that H. 4284 be read the third time tomorrow.
Rep. HARRISON moved that the House recur to the morning hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4501 -- Reps. Fleming, Mason, G. Brown, Seithel, Clyburn, S. Whipper, Sandifer, Stoddard, L. Whipper, Vaughn, Littlejohn, Cato, Elliott and R. Smith: A BILL TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXCLUDE FROM THE DEFINITION OF "DELINQUENT DEBT" SUMS OWED A COUNTY HOSPITAL WHEN THE HOSPITAL AND THE DEBTOR HAVE ENTERED INTO A PAYMENT PLAN AND THE DEBTOR IS CURRENT IN MEETING THE OBLIGATIONS OF THE PLAN.
Referred to Committee on Judiciary.
H. 4502 -- Reps. Simrill, Herdklotz, Cain, Sandifer, Haskins, Meacham, Hallman, Trotter, Cato and R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-85 SO AS TO PROVIDE THAT MARRIAGES BETWEEN PERSONS OF THE SAME SEX VALID IN ANOTHER STATE ARE VOID IN SOUTH CAROLINA.
Referred to Committee on Judiciary.
H. 4503 -- Rep. Davenport: A BILL TO AMEND SECTIONS 4-9-1210 AND 5-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INITIATIVE AND REFERENDUM PROCEDURE AFFECTING COUNTY AND MUNICIPAL ORDINANCES, SO AS TO DELETE THE EXCEPTION OF AN ORDINANCE APPROPRIATING MONEY OR AUTHORIZING THE LEVY OF TAXES AND GIVE CITIZENS A SIXTY-DAY PERIOD TO COMMENT ON THE ANNUAL BUDGET.
Referred to Committee on Judiciary.
H. 4504 -- Reps. Whatley, Seithel, Littlejohn, L. Whipper, S. Whipper, Fulmer, Hallman, Phillips, Hutson, Knotts, Harrell, McCraw, Breeland and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-350 SO AS TO AUTHORIZE THE GOVERNING BODY OF A PUBLIC SERVICE DISTRICT WHICH PROVIDES ONLY SEWER SERVICES AND A MAJORITY OF WHICH IS LOCATED WITHIN THE CORPORATE BOUNDARIES OF A MUNICIPALITY TO TRANSFER ITS ASSETS AND LIABILITIES TO A MUNICIPALITY UPON THE ASSUMPTION BY THE MUNICIPALITY OF THE RESPONSIBILITIES OF THE DISTRICT AND A FAVORABLE REFERENDUM OF THE QUALIFIED ELECTORS OF THE DISTRICT.
Referred to Committee on Judiciary.
H. 4505 -- Reps. Klauber, Wilder, Limehouse, McAbee, Lloyd, Stoddard, Young-Brickell, Williams, Inabinett, Neal, R. Smith, Askins, White, Scott and Shissias: A BILL TO AMEND SECTION 56-3-1820, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR NATIONAL GUARD MEMBERS, SO AS TO ELIMINATE THE THIRTY DOLLAR BIENNIAL FEE.
Referred to Committee on Education and Public Works.
H. 4506 -- Rep. Delleney: A BILL TO AMEND SECTION 7-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN CHESTER COUNTY SO AS TO DELETE ALL REFERENCES TO SPECIFIC POLLING PLACES AND AUTHORIZE THE CHESTER COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE CHESTER COUNTY LEGISLATIVE DELEGATION TO DETERMINE THE POLLING PLACES.
On motion of Rep. DELLENEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Rep. DELLENEY, from the Chester Delegation, submitted a favorable report, on:
S. 938 -- Senator Short: A BILL TO PROVIDE THAT THE MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD AT THE SAME TIME AS THE GENERAL ELECTION.
Ordered for consideration tomorrow.
The following was introduced:
H. 4507 -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION CONGRATULATING THE BLACKVILLE-HILDA HAWKS FOOTBALL TEAM OF BARNWELL COUNTY ON WINNING THE 1995 STATE CLASS A FOOTBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was taken up.
H. 4398 -- Reps. Harrison, Cromer, Jennings, Hutson, Bailey and Allison: A BILL TO AMEND TITLE 40, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO REQUIRE A RETAILER TO KEEP A RECORD OF THE SOURCE OF NEW MERCHANDISE THAT THE RETAILER OFFERS FOR SALE, TO SPECIFY THE TYPE OF RECORD OR DOCUMENTATION THAT IS REQUIRED, TO PROVIDE THAT THE MERCHANDISE MAY BE CONFISCATED BY A LAW ENFORCEMENT OFFICER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXEMPTIONS, AND TO PROVIDE A PENALTY FOR VIOLATION.
Rep. WHATLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4054 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT THE PROVISIONS OF TITLE 42, WORKERS' COMPENSATION, APPLY TO AND INCLUDE ALL PARTICIPANTS IN THE TECH PREP PROGRAM, WHETHER COMPENSATED OR NOT, WHILE THEY ARE ON THE PREMISES OF A PARTICIPATING EMPLOYER, AND BY ADDING SECTION 42-1-55 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION RATE FOR TECH PREP PROGRAM PARTICIPANTS SHALL BE FIFTY PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR OR THE SAME RATE THAT THE EMPLOYER PAYS TO COMPARABLE EMPLOYEES, AND REQUIRE THE WORKERS' COMPENSATION COMMISSION TO ENFORCE THIS SECTION BY THE PROMULGATION OF APPROPRIATE REGULATIONS.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10520JM.96), 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 42-1-315. The provisions of this title apply to and include all participants in the Tech Prep or other structured school to work programs, whether compensated or not, for injuries by accident arising out of and in the course of their employment with a sponsoring employer in the Tech Prep Program."
SECTION 2. The last unnumbered paragraph of Section 42-7-65 of the 1976 Code, as last amended by Act 16 of 1991, is further amended to read:
"The average weekly wage for inmates of the State Department of Corrections as defined in Section 42-1-480 is forty dollars a week. The average weekly wage for county prisoners is forty dollars a week. The average weekly wage for students of high schools, state technical schools, and state-supported colleges and universities while engaged in work study, distributive education, or apprentice programs on the premises of private companies or while engaged in the Tech Prep or other structured school to work programs on the premises of a sponsoring employer is fifty percent of the average weekly wage in the State for the preceding fiscal year."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. YOUNG-BRICKELL explained the amendment.
Reps. McELVEEN and CLYBURN spoke in favor of the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. CATO, with unanimous consent, it was ordered that H. 4054 be read the third time tomorrow.
The following Bill was taken up.
H. 4490 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-775 SO AS TO REQUIRE THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY TO DEVELOP AND FILE PHYSICAL DAMAGE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES; TO AMEND SECTIONS 37-2-202 AND 37-3-202, BOTH AS AMENDED, RELATING TO ADDITIONAL CHARGES A CREDITOR AND CONSUMER LENDER, RESPECTIVELY, MAY CHARGE, SO AS TO REQUIRE THAT WHEN SINGLE INTEREST COLLISION COVERAGE IS WRITTEN IN CONNECTION WITH THE PURCHASE OF A MOTOR VEHICLE, NOTICE MUST BE GIVEN THAT THE COVERAGE IS FOR THE BENEFIT OF THE CREDITOR AND OF OTHER OPTIONS AVAILABLE TO THE BUYER; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE PURPOSES OF THE AUTOMOBILE INSURANCE CHAPTER, SO AS TO CLARIFY THAT THE PURPOSES APPLY TO THE BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY AUTOMOBILE INSURANCE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER AUTOMOBILE INSURANCE, SO AS TO ADD THE DEFINITION OF "FACILITY PHYSICAL DAMAGE RATE"; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE REQUIREMENT TO WRITE AUTOMOBILE INSURANCE, SO AS TO CLARIFY THAT THIS REQUIREMENT APPLIES TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY COVERAGES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN COVERAGE REQUIREMENTS, TO ALLOW RATHER THAN REQUIRE INSURERS TO MAKE AVAILABLE COLLISION COVERAGE AND COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE, TO AUTHORIZE CEDING PHYSICAL DAMAGE INSURANCE COVERAGE TO THE FACILITY, TO PROHIBIT DISCRIMINATION ON CERTAIN GROUNDS IN DETERMINING RATES OR WHETHER TO WRITE OR RENEW COVERAGE, AND TO PROVIDE PENALTIES AND TO AMEND SECTION 38-77-920, AS AMENDED, RELATING TO DUTIES AND RIGHTS OF INSURERS AND AGENTS, SO AS TO CLARIFY THAT AUTOMOBILE INSURANCE REFERS TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY.
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.
H. 3628 -- Reps. Thomas, Moody-Lawrence, Cobb-Hunter, Richardson, T. Brown, Knotts, Keegan, Wright, J. Harris, Gamble, J. Young, P. Harris, Baxley, Townsend, Dantzler, Witherspoon, Stille, Law, Scott, Riser and Cotty: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE STATE LAW RELATING TO THE REQUIREMENTS FOR THE TRANSPORTATION, POSSESSION, AND CONSUMPTION OF ALCOHOLIC LIQUORS IN MINIBOTTLES AND TO EXAMINE AMENDMENTS TO STATE LAW PERTAINING TO ALCOHOLIC LIQUOR BY THE DRINK.
The motion period was dispensed with on motion of Rep. HARRISON.
Rep. SHEHEEN moved that the House do now adjourn.
Rep. SIMRILL demanded the yeas and nays, which were not ordered.
The motion to adjourn was agreed to by a division vote of 61 to 23.
The Senate returned to the House with concurrence the following:
H. 4499 -- Rep. Gamble: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED CAREER IN PUBLIC SERVICE OF MR. MILTON W. (MILT) DUFFORD OF THE DEPARTMENT OF PUBLIC SAFETY UPON HIS RETIREMENT AS DIRECTOR OF THE DIVISION OF MOTOR VEHICLES AND EXTENDING TO HIM THEIR BEST WISHES FOR A HAPPY, HEALTHY, AND PRODUCTIVE RETIREMENT.
H. 4507 -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION CONGRATULATING THE BLACKVILLE-HILDA HAWKS FOOTBALL TEAM OF BARNWELL COUNTY ON WINNING THE 1995 STATE CLASS A FOOTBALL CHAMPIONSHIP.
At 11:15 A.M. the House in accordance with the motion of Rep. PHILLIPS adjourned in memory of Charles S. Greene of Cherokee County, to meet at 10:00 A.M. tomorrow.
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