Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God, able to do for us far exceeding abundantly above all that we can ask or hope, You know perfectly the questions that frequently haunt us, the longings for which we yearn and the problems for which we have no satisfactory solutions: grant us Your help in keeping with our individual needs. Cleanse us from all that is unworthy and inspire us to reach out for loftier fields of endeavor. Keep open the doors of our lives to accept Your guidance as we struggle to perform faithfully and well our daily tasks.
We make this our prayer to our God Whose love and concerns endure forever. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following were received and referred to the appropriate committee for consideration.
Document No. 1939
Promulgated By Board of Education
R. 43-163. Administrative Personnel Compensation Guide and Contracts (Repeal)
Received By Speaker May 22, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date September 19, 1996
(Subject to Sine Die Revision)
Document No. 1945
Promulgated By Board of Education
43-205. Administrative and Professional Personnel Qualifications, Duties and Workloads
Received By Speaker May 22, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date September 19, 1996
(Subject to Sine Die Revision)
Document No. 2045
Promulgated By Department of Transportation
63.338. Specific Information Service Signing
Received By Speaker May 22, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date September 19, 1996
(Subject to Sine Die Revision)
The following was received.
Columbia, S.C., May 22, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Patterson, Hayes and Cork of the Committee of Conference on the part of the Senate on S. 1081:
S. 1081 -- Senators Drummond and Giese: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC ENTITIES ELIGIBLE FOR PARTICIPATION IN THE STATE HEALTH AND DENTAL INSURANCE PLANS AND THE REQUIREMENTS FOR THIS PARTICIPATION, SO AS TO AUTHORIZE THE WITHHOLDING OF STATE FUNDS OTHERWISE DUE THESE ENTITIES SUFFICIENT TO COVER DELINQUENT PAYMENTS AND TO PROVIDE THE METHOD OF THE WITHHOLDING AND REMITTING OF THESE SUMS TO THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 22, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has granted free conference powers and appointed Senators McConnell, Moore and Courson of the Committee of Free Conference on the part of the Senate on H. 3961:
H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5 110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 22, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3961:
H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5 110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 22, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has granted free conference powers and appointed Senators McConnell, Moore and Courson of the Committee of Free Conference on the part of the Senate on H. 3962:
H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 22, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3962:
H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Very respectfully,
President
Received as information.
The following was introduced:
H. 5060 -- Reps. Spearman and Waldrop: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING MR. BERNARD L. BLACK OF SALUDA COUNTY FOR HIS DEDICATED, OUTSTANDING SERVICE AS DEPARTMENT ADJUTANT OF THE AMERICAN LEGION, DEPARTMENT OF SOUTH CAROLINA, FROM 1986 TO 1996.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5061 -- Reps. Tripp and Wilkins: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO DR. WALTER HANDFORD OF GREENVILLE ON HIS THIRTY-ONE YEARS OF DEDICATED AND PRODUCTIVE SERVICE TO SOUTHSIDE BAPTIST CHURCH AND TO EXTEND BEST WISHES UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:
S. 1421 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE ATHLETIC COMMISSION, RELATING TO COMBATIVE SPORTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1907, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Baxley Boan Breeland Brown, H. Brown, J. Brown, T. Byrd Cain Cato Cave Chamblee Clyburn Cooper Cromer Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Herdklotz Hines, J. Hines, M. Inabinett Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McCraw McKay McMahand Meacham Moody-Lawrence Phillips Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Simrill Smith, R. Spearman Stoddard Stuart Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Wright Young Young-Brickell
I came in after the roll call and was present for the Session on Thursday, May 23.
James H. Hodges Douglas E. McTeer, Jr. Doug Smith Heyward G. Hutson Jennings G. McAbee Timothy F. Rogers Leon Howard Ronald P. Townsend Denny W. Neilson Michael F. Jaskwhich Dwight A. Loftis Larry L. Koon Marion P. Carnell Richard M. Quinn, Jr. William F. Cotty Joseph T. McElveen, Jr. Grady A. Brown George H. Bailey Gilda Cobb-Hunter Harry C. Stille C. Alex Harvin III Ralph W. Canty Joseph H. Neal William D. Keyserling Kenneth Kennedy June S. Shissias
LEAVES OF ABSENCE
The SPEAKER granted Rep. P. HARRIS a leave of absence for the day.
The SPEAKER granted Reps. BAXLEY, McTEER, HODGES and ROGERS a leave of absence to attend the funeral of Rep. SHEHEEN's mother.
Rep. BOAN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 22.
Rep. G. BROWN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, May 9.
Announcement was made that Dr. Larry Winn of Easley is the Doctor of the Day for the General Assembly.
The House stood in silent prayer in memory of Mrs. Lucile Roukos Sheheen, mother of Rep. SHEHEEN.
May 20, 1996
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, S.C. 29202
Dear Mr. President and Members of the Senate:
I am hereby returning without my approval S. 972, R.363, an Act:
TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS, McCORMICK, GREENWOOD, AND ABBEVILLE COUNTIES' TRANSPORTATION COMMITTEES.
This veto is based upon my belief that S. 972, R.363 of 1996, is unconstitutional. Article III, Section 30 of the South Carolina Constitution states that, "The General Assembly shall never grant extra compensation, fee or allowance to any public officer, agent, servant or contractor after service rendered, or contract made, nor authorize payment or part payment of any claim made under any contract not authorized by law".
For the above reasons, I am returning S. 972, R.363, without my approval.
Sincerely,
David M. Beasley
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Klauber Stoddard Wilder
Those who voted in the negative are:
So, the veto of the governor was overridden and a message was ordered sent to the Senate accordingly.
The following Bill was taken up.
S. 1362 -- Senator Ryberg: A BILL TO PROHIBIT THE CITY OF AIKEN, BY CONTRACT OR OTHERWISE, FROM REQUIRING PERSONS OUTSIDE THE CITY RECEIVING WATER, SEWER, OR FIRE PROTECTION SERVICES TO REFRAIN FROM OPPOSING ANNEXATION AS A CONDITION OF CONTINUED RECEIPT OF WATER, SEWER, OR FIRE PROTECTION SERVICES, IF THE CITY EXTENDED WATER, SEWER, OR FIRE PROTECTION SERVICES TO THE PERSON PRIOR TO JANUARY 1, 1995, WITHOUT SUCH A REQUIREMENT.
Rep. CLYBURN moved to adjourn debate upon the Bill until Tuesday, May 28.
Rep. R. SMITH moved to table the motion.
Rep. CLYBURN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Mason Sharpe Smith, R.
Those who voted in the negative are:
Clyburn
So, the motion to adjourn debate was tabled.
Rep. STODDARD moved to continue the Bill.
Rep. CLYBURN moved to commit the Bill to the Aiken Delegation.
Rep. R. SMITH moved to table the motion to commit, which was not agreed to.
The question then recurred to the passage of the Bill.
Rep. CLYBURN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Mason Sharpe Smith, R.
Those who voted in the negative are:
Clyburn
So, the Bill, as amended, was read the third time, and ordered returned to the Senate with amendments.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 1416 -- Senator Gregory: A BILL TO AMEND SECTION 7-7-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LANCASTER COUNTY, SO AS TO REDESIGNATE THE PRECINCTS AND ADD AN OFFICIAL DOCUMENT DESIGNATION WHICH IS MAINTAINED AND KEPT ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD, AND TO AUTHORIZE THE POLLING PLACES FOR THE PRECINCTS IN LANCASTER COUNTY BE ESTABLISHED BY THE COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION SUBJECT TO THE APPROVAL BY A MAJORITY OF THE LANCASTER COUNTY LEGISLATIVE DELEGATION.
Rep. TUCKER moved to adjourn debate upon the following Bill, which was adopted.
S. 659 -- Senators Cork, Greg Smith, Elliott, McConnell and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.
The following Bill was taken up.
S. 1152 -- Senator Fair: A BILL TO AMEND SECTION 16-15-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON CERTAIN CHILDREN, SO AS TO REVISE THE AGES OF A VICTIM AND A PERPETRATOR OF THIS OFFENSE.
Reps. SHARPE, H. BROWN, LIMBAUGH and TUCKER, with unanimous consent, proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22914SD.96), which was ruled out of order.
Amend the bill, as and if amended, by adding the following new SECTIONS appropriately numbered to read:
/SECTION ___. Section 44-95-20 of the 1976 Code, as last amended by Act 289 of 1994, is further amended to read:
"Section 44-95-20. It is unlawful for any a person to smoke, or possess lighted smoking material in any form, in the following public indoor areas except where a smoking area is designated as provided for herein in this chapter:
(1) public schools, including and preschools where routine or regular kindergarten, elementary, or secondary educational classes are held including libraries. except in enclosed Private offices and teacher lounges which are not adjacent to classrooms or libraries are excluded. However, this exclusion does not apply if the offices and lounges are included specifically in a directive by the local school board;
(2) all other indoor facilities providing children's services to the extent that smoking is prohibited in the facility by federal law and all other child day care facilities, as defined in Section 20-7-2700, which are licensed pursuant to Subarticle 11, Article 13, Chapter 7, of Title 20;
(3) health care facilities as defined in Section 44-7-130 of the 1976 Code, except where smoking areas are designated in employee break areas. No section of However, nothing in this chapter shall prohibit prohibits or preclude precludes a health care facility from being smoke free;
(4) government buildings, (except health care facilities as provided for herein) in this section, except that smoking shall may be allowed in enclosed private offices and designated areas of employee break areas; provided that. However, smoking policies in the State Capitol and Legislative Office Buildings shall must be determined by the office of government having control over that its respective area of the buildings. 'Government buildings' shall mean means buildings or portions thereof of buildings which are leased or operated under the control of the State or any of its political subdivisions, except those buildings or portions thereof of buildings which are leased to other organizations or corporations;
(5) elevators;
(6) public transportation vehicles, except for taxicabs; and
(7) arenas and auditoriums of public theaters or public performing art centers; except that. However, smoking areas may be designated in foyers, lobbies, or other common areas;, and smoking is permitted as part of a legitimate theatrical performance."
SECTION ___. The 1976 Code is amended by adding:
"Section 16-17-501. As used in this section and Sections 16-17-502, 16-17-503, and 16-17-504:
(1) 'Distribute' means to sell, furnish, give, or provide tobacco products, including tobacco product samples, cigarette paper, or a substitute for them, to the ultimate consumer.
(2) 'Proof of age' means a driver's license or other documentary or written evidence that the individual is eighteen years of age or older.
(3) 'Sample' means a tobacco product distributed to members of the general public at no cost for the purpose of promoting the products.
(4) 'Sampling' means the distribution of samples to members of the general public in a public place.
(5) 'Tobacco product' means a product that contains tobacco and is intended for human consumption.
Section 16-17-502. (A) It is unlawful for a person to distribute a tobacco product sample to a person under the age of eighteen years.
(B) A person engaged in sampling shall demand proof of age from a prospective recipient if an ordinary person would conclude on the basis of appearance that the prospective recipient may be under the age of eighteen years.
(C) A person violating this section is subject to a civil penalty of not less than one hundred dollars. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age is a defense to an action brought pursuant to this section.
Section 16-17-503. (A) The Director of the Department of Revenue and Taxation shall provide for the enforcement of Section 16-17-500 in a manner that reasonably may be expected to reduce the extent to which tobacco products are sold or distributed to persons under the age of eighteen years and annually shall conduct random, unannounced inspections at locations where tobacco products are sold or distributed to ensure compliance with the section. The department shall designate an enforcement officer to conduct the annual inspections. Penalties collected pursuant to Section 16-17-500 must be used to offset the costs of enforcement.
(B) Persons under the age of eighteen years may be enlisted by the director or his employees or designees to test compliance with Section 6-17-500. However, these persons may be used only if the testing is conducted under the direct supervision of the director or his employees or designees and written parental consent is provided. Other use of persons under the age of eighteen years to test compliance with the section or similar prohibitions is unlawful, and the person responsible for the use is subject to a civil penalty of not less than one hundred dollars.
(C) The director shall provide for the preparation of and submission annually to the Secretary of the United States Department of Health and Human Services the report required by Section 1926 of the federal Public Health Service Act (42 U.S.C. 300x-26) and otherwise is responsible for ensuring the state's compliance with that provision of federal law and implementing regulations promulgated by the United States Department of Health and Human Services.
Section 16-17-504. (A) Sections 16-17-500, 16-17-502, and 16-17-503 must be implemented in an equitable and uniform manner throughout the State and enforced to ensure the eligibility for and receipt of federal funds or grants the State receives or may receive relating to the sections. To ensure that the sections are enforced equitably and uniformly, a county, or municipality, a department, board, or an agency of a county or municipality, or a political subdivision or agency of the State may not enact laws, ordinances, or rules regulating the sale, use, display, distribution, and promotion of tobacco products other than in governmental buildings as defined in Section 44-95-20(4).
(B) Smoking ordinances in effect before August 1, 1990, are exempt from the requirements of subsection (A)."
SECTION ___. Act 503 of 1990, the Clean Indoor Air Act of 1990, is designated Chapter 95 of Title 44 of the 1976 Code, entitled the "Clean Indoor Air Act of 1990", and the various sections of that act are designated sections of the 1976 Code as follows:
Section 1. Section 44-95-10;
Section 2. Section 44-95-20;
Section 3. Section 44-95-30;
Section 4. Section 44-95-40;
Section 5. Section 44-95-50;
Section 6. Section 44-95-60./
Amend further, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. This act takes effect upon approval by the Governor, except Section 16-17-503 of the 1976 Code which takes effect when funds are appropriated by the General Assembly to implement its provisions./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMBAUGH explained the amendment.
Rep. T. BROWN raised the Point of Order that Amendment No. 1 was out of order as it was not germane.
Rep. LIMBAUGH argued contra the Point.
The SPEAKER stated that under Rule 9.3 that it was not germane in that the Bill dealt with leud acts upon minors and the amendment dealt with smoking and he sustained the Point of Order and ruled the amendment out of order.
The Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 929 -- Senators McConnell, Ryberg and Wilson: A BILL TO AMEND SECTION 5-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENT UPON TERMS OF CONSOLIDATION, SO AS TO PROVIDE THAT WHEN THE CORPORATE LIMITS OF ANY MUNICIPALITY ARE ENLARGED BY INCLUSION OF TERRITORY OF ANOTHER ADJACENT MUNICIPALITY IN WHOLE OR IN PART, THE GOVERNING BODIES OF THE MUNICIPALITIES MAY, AFTER PUBLIC HEARING, STIPULATE AND AGREE UPON TERMS OF CONSOLIDATION OR BOUNDARY ADJUSTMENT BY ORDINANCE ADOPTED BY EACH MUNICIPALITY.
S. 1147 -- Senator Hayes: A BILL TO AMEND SECTION 16-13-425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN A LEASED OR RENTED VIDEO OR CASSETTE TAPE, SO AS TO PROVIDE THAT NOTICE OF THE EXPIRATION OF THE LEASE OR RENTAL PERIOD MUST BE PROVIDED TO THE LESSOR OR RENTER.
S. 1160 -- Senator Holland: A BILL TO AMEND SECTION 7-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS TO BE FURNISHED BY THE BUREAU OF VITAL STATISTICS, SO AS TO REQUIRE THAT THE BUREAU MUST FURNISH THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION WITH A MONTHLY REPORT OF PERSONS EIGHTEEN YEARS OF AGE OR OLDER WHO HAVE DIED INSTEAD OF PERSONS WHO ARE TWENTY-ONE YEARS OF AGE OR OLDER; TO AMEND SECTION 7-5-430, RELATING TO REGISTRATION BOOKS FOR GENERAL AND SPECIAL ELECTIONS, SO AS TO PROVIDE THAT A COUNTY BOARD OF REGISTRATION MUST FURNISH THE COUNTY ELECTION COMMISSIONERS WITH ONE REGISTRATION BOOK FOR EACH POLLING PRECINCT; TO AMEND SECTION 7-5-670, RELATING TO USE AND CUSTODY OF REGISTRATION BOOKS, SO AS TO DELETE THE REQUIREMENT THAT REGISTRATION BOOKS BE KEPT IN THE OFFICE OF THE CLERK OF COURT OF A COUNTY; TO AMEND SECTION 7-9-50, RELATING TO MEETINGS OF PARTY CLUBS, SO AS TO PROVIDE THAT THE PRESIDENT OR FIVE MEMBERS MAY CALL ALL SPECIAL MEETINGS OF THE CLUB; TO AMEND SECTION 7-13-35, RELATING TO NOTICE OF GENERAL, SPECIAL, AND PRIMARY ELECTIONS, SO AS TO PROVIDE THAT NOTICE MUST BE PUBLISHED FOR MUNICIPAL ELECTIONS, AND TO FURTHER PROVIDE THAT THE NOTICE MUST STATE WHERE ABSENTEE BALLOTS ARE TO BE COUNTED; TO AMEND SECTION 7-13-45, RELATING TO FILING REQUIREMENTS FOR CANDIDATES, SO AS TO REQUIRE THE COUNTY CHAIRMAN TO DESIGNATE A SPECIFIED PLACE OTHER THAN A PRIVATE RESIDENCE WHERE PERSONS MAY FILE A STATEMENT OF INTENTION OF CANDIDACY; TO AMEND SECTION 7-13-80, RELATING TO THE ORGANIZATION OF THE BOARD OF COMMISSIONERS, MANAGERS, AND CLERKS, SO AS TO PROVIDE THAT THE COUNTY ELECTION COMMISSION MUST APPOINT THE CHAIRMAN OF THE BOARD OF MANAGERS; TO AMEND SECTION 7-13-380, RELATING TO THE REPRINTING OF BALLOTS TO DELETE THE NAME OF A DECEASED OR WITHDRAWN CANDIDATE, SO AS TO PROVIDE THAT A BLANK LABEL COVER THE NAME OF THE DECEASED OR WITHDRAWN CANDIDATE ON VOTING SYSTEMS WHERE POSSIBLE OR APPROPRIATE; TO AMEND SECTION 7-13-740, RELATING TO THE NUMBER AND CONSTRUCTION OF VOTING BOOTHS, SO AS TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-820, RELATING TO VOTING BY A PERSON WHOSE NAME IS NOT ON THE REGISTRATION BOOK, SO AS TO PROVIDE THAT THE CHALLENGED VOTE IS A PROVISIONAL VOTE; TO AMEND SECTION 7-13-830, RELATING TO THE PROCEDURE WHEN A VOTER IS CHALLENGED, SO AS TO PROVIDE THAT THE MANAGER MUST EXPLAIN TO THE VOTER THAT A CHALLENGED VOTE IS PROVISIONAL; TO AMEND SECTION 7-13-860, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER MUST BE CERTIFIED BY THE CANDIDATE OR IN THE CASE OF WATCHERS JOINTLY REPRESENTING ALL CANDIDATES OF A POLITICAL PARTY, BY AN APPROPRIATE PARTY OFFICIAL; TO FURTHER PROVIDE THAT THE SIZE, COLOR OF, AND LETTERING ON BADGES OF POLL WATCHERS MUST MEET CERTAIN SPECIFICATIONS; TO AMEND SECTION 7-13-1700, RELATING TO INSTRUCTION OF MANAGERS AND CLERKS IN THE USE OF MACHINES, SO AS TO DELETE SOME OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1750, RELATING TO THE PREPARATION OF MACHINES FOR ELECTIONS, SO AS TO DELETE THE PROVISION WHICH REQUIRES THE SEAL OF A MACHINE TO BE METAL; TO AMEND SECTION 7-15-10, RELATING TO THE DUTIES OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE PROVISION ALLOWING CERTAIN PERSONS TO REGISTER BY THE ABSENTEE METHOD; TO AMEND SECTION 7-15-110, RELATING TO PERSONS QUALIFIED TO REGISTER TO VOTE BY THE ABSENTEE METHOD, SO AS TO DELETE REFERENCES TO ABSENTEE REGISTRATION, AND TO PROVIDE THAT CERTAIN PERSONS MAY USE STANDARD 76 OR OTHER SIMILAR FEDERAL GOVERNMENT FORMS; TO AMEND SECTION 7-15-120, RELATING TO REGISTRATION FORMS, SO AS TO DELETE THE FORM; TO AMEND SECTION 7-15-260, RELATING TO RESPONSIBILITIES OF POLITICAL PARTIES CONDUCTING PRIMARIES, SO AS TO CLARIFY THAT THIS PROVISION APPLIES TO MUNICIPAL PRIMARIES ONLY; TO AMEND SECTION 7-15-320, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO INCLUDE CERTIFIED POLL WATCHERS IN THE LIST OF THOSE PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-340, RELATING TO THE FORM OF APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE FORM; TO AMEND SECTION 7-15-360, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION PROVIDE A BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-365, RELATING TO BALLOTS AND INSTRUCTIONS FURNISHED BY A COUNTY BOARD OF REGISTRATION, SO AS TO PROVIDE THAT A BLANK BALLOT MUST BE GIVEN TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-370, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION PROVIDE A BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-17-30, RELATING TO PROTESTS AND CONTESTS, SO AS TO CLARIFY THAT THE COUNTY BOARDS MUST DECIDE ALL CASES UNDER PROTEST OR CONTEST EXCEPT PRIMARIES AND MUNICIPAL ELECTIONS; AND TO REPEAL SECTIONS 7-11-410, RELATING TO ASSESSMENTS PAYABLE BY CANDIDATES; 7-11-430, RELATING TO AMOUNTS AND PRORATION OF ASSESSMENTS TO BE PAID BY CANDIDATES FOR THE HOUSE OF REPRESENTATIVES; 7-15-130, RELATING TO THE METHOD OF OBTAINING A REGISTRATION FORM; 7-15-140, RELATING TO COMPLETION AND RETURN OF A REGISTRATION FORM; 7-15-150, RELATING TO ENTRIES INTO REGISTRATION BOOKS; 7-15-160, RELATING TO THE VALIDITY AND EFFECT OF REGISTRATION; 7-15-170, RELATING TO PRESERVATION AND DESTRUCTION OF RECORD BOOKS AND REGISTRATION FORMS; 7-15-180, RELATING TO VERIFICATION OF REGISTRATION UPON REQUEST FOR AN ABSENTEE BALLOT; 7-15-190, RELATING TO THE FURNISHING OF NAMES OF REGISTERED VOTERS REQUESTING ABSENTEE BALLOTS; 7-15-240, RELATING TO ABSENTEE BALLOTS IN PRIMARY AND SPECIAL ELECTIONS; 7-15-250, RELATING TO DUTIES OF COUNTY COMMITTEES IN CONDUCTING PRIMARY ELECTIONS; AND 7-15-350, RELATING TO VERIFICATION OF REGISTRATION.
S. 1366 -- Senator Holland: A BILL TO AMEND SECTION 58-23-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CERTAIN MOTOR VEHICLE CARRIER LAWS, SO AS TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A PASSENGER CARRIER WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO SPECIFIED PENALTIES FOR VIOLATION, AND TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A CARRIER OF HOUSEHOLD GOODS OR AS A CARRIER OF HAZARDOUS WASTE FOR DISPOSAL WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO OTHER SPECIFIED PENALTIES FOR VIOLATION; AND TO REPEAL SECTION 15-9-340 OF THE 1976 CODE RELATING TO SERVICE OF PROCESS ON MOTOR VEHICLE CARRIERS.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1286 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES; TO PROVIDE THAT A PERSON WHO HAS BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES WHO APPLIES FOR EMPLOYMENT AT OR IS EMPLOYED BY A DAY CARE CENTER IS GUILTY OF A MISDEMEANOR, AND TO REQUIRE AN EMPLOYMENT APPLICATION TO INCLUDE A STATEMENT NOTIFYING AN APPLICANT OF THIS CRIMINAL OFFENSE; TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS; TO ALLOW TEMPORARY OR PROVISIONAL EMPLOYMENT PENDING RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION FINGERPRINT REVIEW IN CERTAIN CIRCUMSTANCES; TO PROVIDE THAT THE CRIMINAL HISTORY REVIEWS APPLY TO AN EMPLOYEE OR VOLUNTARY CAREGIVER OF A DAY CARE CENTER, GROUP DAY CARE HOME, FAMILY DAY CARE HOME, OR CHURCH OR RELIGIOUS DAY CARE CENTER WHO PROVIDES CARE TO A CHILD WITHOUT THE DIRECT PERSONAL SUPERVISION OF A PERSON LICENSED, REGISTERED, OR APPROVED UNDER THIS SUBARTICLE AND TO OTHER EMPLOYEES OR VOLUNTEERS WHO HAVE DIRECT ACCESS TO A CHILD OUTSIDE THE IMMEDIATE PRESENCE OF A PERSON WHO HAS UNDERGONE THE FINGERPRINT REVIEW REQUIRED UNDER THE SECTION; TO WAIVE FINGERPRINT REVIEWS FOR CERTAIN PERSONS; TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, AS AMENDED, RELATING TO DAY CARE LICENSING, APPROVAL, REGISTRATIONS AND RENEWALS, SO AS TO REVISE THE CRIMINAL OFFENSES WHICH PRECLUDE A PERSON FROM OBTAINING A LICENSE, APPROVAL, OR REGISTRATION; TO AMEND SECTION 20-7-2905, AS AMENDED, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION TO PROVIDE TWO COPIES OF THE RESULTS OF THESE REVIEWS; AND TO AMEND SECTION 20-7-3095, RELATING TO THE SEPARATE CRIMINAL OFFENSE OF COMMITTING CERTAIN OFFENSES WITHIN A SPECIFIED RADIUS OF DAY CARE FACILITIES, SO AS TO AMEND THE LIST OF OFFENSES.
Rep. HARRELL moved to adjourn debate upon the following Bill, which was adopted.
S. 913 -- Senators Passailaigue, Ford, McConnell, Reese, Washington and Rose: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
Rep. LIMBAUGH moved to adjourn debate upon the following Bill, which was adopted.
S. 1284 -- Senator Thomas: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE DEPARTMENT FOR EVALUATION.
The following Bill was taken up.
S. 66 -- Senators McConnell, Rose and Leventis: A BILL TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES, AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE SUCH CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS, AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; AND ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS.
Rep. SCOTT raised the Point of Order that the Bill was out of order under Rule 4.4 in that the Bill, Section 4 on page 10 and continuing on page 11 in Section 38-7-35, appropriated $250,000 of revenues collected and should be referred to the Ways and Means Committee.
Rep. G. BAILEY stated that there was an amendment being proposed stating where the money would come from and that the Bill would not be enacted until the money was appropriated.
Rep. KIRSH stated that the money had already been appropriated because the 1 percent was collected from the insurance policies.
Rep. SCOTT argued that the money was appropriated for a particular purpose which was training certification and continued education and it still should have been referred to the Ways and Means Committee.
The SPEAKER stated the funds were coming from a specific tax and not the general fund.
Rep. CATO stated that the money was being directed and not appropriated.
The SPEAKER stated that there was a precedent from April 27, 1994 where a very similar Point of Order was raised and the Speaker stated that Rule 4.4 was designed to require any Bill which appropriates money or has a substantial effect on reveneue to go to the Ways and Means Committee and it did not require it to be new money and he sustained the Point of Order and ordered the Bill referred to the Ways and Means Committee.
Rep. TOWNSEND moved to adjourn debate upon the following Bill, which was adopted.
S. 1219 -- Education Committee: A BILL TO AMEND SECTION 59-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO KINDERGARTEN PROGRAMS, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 1996-97, THE BOARD OF TRUSTEES OF A DISTRICT SHALL IMPLEMENT FULL-DAY AS WELL AS HALF-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAMS, TO PROVIDE THAT PARENTS OF CHILDREN WHO ARE ELIGIBLE TO ATTEND FIVE-YEAR-OLD KINDERGARTEN MAY ELECT AT THEIR OPTION EITHER THE FULL-DAY OR HALF-DAY PROGRAM FOR THEIR CHILDREN, TO REQUIRE CERTAIN NOTICES FOR PURPOSES OF THESE KINDERGARTEN PROGRAMS, AND TO PROVIDE FOR THE MANNER IN WHICH CHILDREN ATTENDING THESE PROGRAMS SHALL BE COUNTED FOR PURPOSES OF COMPUTING AVERAGE DAILY MEMBERSHIP; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-35-20 SO AS TO PROVIDE PROCEDURES FOR SCHOOL DISTRICTS AND SCHOOLS TO OBTAIN WAIVERS FROM THE ABOVE REQUIREMENTS THAT FULL-DAY AND HALF-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAMS BE ESTABLISHED.
Rep. QUINN withdrew his objection to S. 378 however, other objections remained upon the Bill.
Rep. ROBINSON withdrew his objection to S. 1100 however, other objections remained upon the Bill.
Rep. WALKER asked unanimous consent to recall H. 3263 from the Committee on Ways and Means.
Rep. HALLMAN objected.
Rep. SIMRILL asked unanimous consent to recall H. 4593 from the Committee on Labor, Commerce and Industry.
Rep. RICHARDSON objected.
Rep. TUCKER asked unanimous consent to recall S. 265 from the Committee on Judiciary.
Rep. T. BROWN objected.
On motion of Rep. J. BROWN, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.
S. 941 -- Senators Wilson, Lander, Leventis and Reese: A BILL TO PROMOTE MAJOR GENERAL T. ESTON MARCHANT TO THE RANK OF LIEUTENANT GENERAL OF THE SOUTH CAROLINA ARMY NATIONAL GUARD EFFECTIVE JANUARY 10, 1995.
Rep. J. BROWN moved to waive Rule 5.12, which was agreed to by a division vote of 56 to 0.
Rep. SHARPE asked unanimous consent to recall S. 760 from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. T. BROWN objected.
Rep. RICHARDSON asked unanimous consent to recall S. 956 from the Committee on Judiciary.
Rep. SIMRILL objected.
The veto on the following Act was taken up.
H. 4159 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-3495 SO AS TO LIMIT THE DISTRIBUTION OF PROFITS DERIVED FROM THE GAME OF BINGO.
Rep. KIRSH moved to adjourn debate upon the veto until Tuesday, May 28, which was adopted.
The SPEAKER granted Rep. STODDARD a leave of absence due to family illness.
Debate was resumed on the Senate amendments to the following Bill, the pending question being the consideration of Senate amendments, immediate cloture having been ordered.
H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.
Rep. QUINN proposed the following Amendment No. 21A (Doc Name P:\amend\JIC\6079AC.96), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. The agreements authorized under this act may not impose any penalty on the State of South Carolina in the event that the State of South Carolina elects to reduce or eliminate some or all of MUSC's funding or programs./
Renumber sections to conform.
Amend totals and title to conform.
Rep. QUINN moved to table the amendment, which was agreed to.
Rep. QUINN proposed the following Amendment No. 22A (Doc Name P:\amend\PFM\9429AC.96), which was tabled.
Amend the bill, as and if amended, SECTION 1, page 5, by inserting immediately after line 20:
/Section 44-7-3140. Both the General Assembly and the Medical University Board of Trustees each shall have, at their sole discretion, the right to terminate the lease authorized by this article without penalty should the performance of the private operator or private operators not be in the best interests of the State./
Renumber sections to conform.
Amend totals and title to conform.
Rep. QUINN moved to table the amendment, which was agreed to.
Rep. SEITHEL proposed the following Amendment No. 23A, which was tabled.
Amend the bill, as and if amended, on page 10, line 23 add the following to read:
/The private operator or operators may not require State employees to become employees of the private operator in order to continue their employment at the Medical University Hospital or any of the leased facilities at any time during the terms of the lease.
Rep. SEITHEL explained the amendment.
Rep. SIMRILL moved to table the amendment.
Rep. SEITHEL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Boan Brown, G. Brown, H. Brown, T. Cain Carnell Cato Chamblee Cotty Cromer Dantzler Easterday Felder Fleming Fulmer Gamble Harrell Herdklotz Hines, J. Hines, M. Hutson Jennings Keegan Kelley Keyserling Kinon Klauber Koon Lee Limbaugh Littlejohn Mason McKay Meacham Neilson Rhoad Rice Richardson Riser Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tucker Vaughn Walker Whatley Wilkes Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Breeland Cave Clyburn Cobb-Hunter Davenport Hallman Harris, J. Howard Kirsh Lanford Lloyd Marchbanks McCraw Moody-Lawrence Neal Phillips Quinn Scott Seithel Shissias Tripp Trotter Waldrop Whipper, L. Whipper, S. White Wilder
So, the amendment was tabled.
The SPEAKER granted Rep. BAILEY a leave of absence for a Doctor's appointment at the Medical University.
Reps. QUINN, SEITHEL and SANDIFER proposed the following Amendment No. 24A (Doc Name P:\amend\GJK\22907AC.96), which was rejected.
Amend the bill, as and if amended, in Section 44-7-3110(6), page 3, by deleting lines 27 through 31 and inserting:
/market and promote health care services./
Renumber sections to conform.
Amend totals and title to conform.
Rep. QUINN explained the amendment.
Rep. FELDER moved to table the amendment.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Boan Brown, G. Brown, H. Cain Carnell Cato Clyburn Cotty Felder Fulmer Gamble Harrell Herdklotz Hines, M. Jaskwhich Keegan Kelley Kinon Klauber Koon Law Martin Mason McAbee Rhoad Rice Riser Sharpe Smith, D. Smith, R. Spearman Stuart Tucker Vaughn Whatley Wilkes Wilkins Witherspoon Wofford Young Young-Brickell
Those who voted in the negative are:
Allison Anderson Breeland Brown, T. Byrd Cave Chamblee Cobb-Hunter Dantzler Davenport Easterday Govan Hallman Harris, J. Hines, J. Howard Hutson Inabinett Jennings Keyserling Kirsh Knotts Lanford Lee Limehouse Littlejohn Lloyd Loftis Marchbanks McCraw McKay McMahand Meacham Moody-Lawrence Neal Neilson Phillips Quinn Richardson Sandifer Scott Seithel Shissias Simrill Stille Townsend Tripp Trotter Waldrop Walker Wells Whipper, L. Whipper, S. White Wilder Wright
So, the House refused to table the amendment.
Rep. FELDER spoke against the amendment.
The SPEAKER granted Rep. SPEARMAN a temporary leave of absence.
Rep. FELDER continued speaking.
The question then recurred to the adoption of the amendment.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Breeland Byrd Cave Cobb-Hunter Davenport Fulmer Gamble Govan Hallman Harris, J. Howard Hutson Inabinett Jennings Keyserling Kirsh Knotts Koon Lanford Lee Limehouse Littlejohn Lloyd Marchbanks McCraw McMahand Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Sandifer Scott Seithel Shissias Tripp Waldrop Wells Whipper, L. Whipper, S. White Wilder Williams Witherspoon Wright
Those who voted in the negative are:
Allison Boan Brown, G. Brown, H. Brown, T. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Easterday Felder Harrell Herdklotz Hines, J. Hines, M. Jaskwhich Keegan Kelley Kinon Klauber Law Limbaugh Mason McAbee McKay Meacham Rice Riser Robinson Sharpe Simrill Smith, D. Smith, R. Stille Stuart Townsend Trotter Tucker Vaughn Walker Whatley Wilkins Wofford Young Young-Brickell
So, the amendment was rejected.
Rep. DAVENPORT proposed the following Amendment No. 25A, which was tabled.
Amend the bill, as and if amended, page 11, by adding an appropriately numbered new SECTION to read:
/SECTION ___ Notwithstanding any other provision of the law to the contrary, no portion of Chapter 7 of Title 44 of the South Carolina Code of Laws, 1976, except for Article 4 of Chapter 7 of Title 44, nor any portion of any act authorizing, creating or establishing any entity for the purpose of rendering health care services or providing hospital facilities is intended to confer immunity from challenge under the federal or state antitrust laws. Federal or state antitrust laws shall be defined as provided in Article 4 of Chapter 7 of Title 44 of the South Carolina Code of Laws, 1976, (44-7-510(8)).
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. QUINN proposed the following Amendment No. 26A, which was tabled.
Amend the bill, as and if amended, page 8, after line 21, by inserting after the words "in such a manner as to"
/imply endorsement by the State of South Carolina, or
Rep. QUINN explained the amendment.
Rep. RICHARDSON spoke in favor of the amendment.
Rep. FELDER moved to table the amendment.
Rep. SEITHEL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Boan Brown, G. Brown, H. Cain Carnell Cato Clyburn Cotty Cromer Dantzler Easterday Felder Fulmer Gamble Harrell Harvin Herdklotz Hines, M. Jaskwhich Jennings Keegan Kelley Kinon Klauber Knotts Koon Law Limbaugh Mason McAbee McKay Quinn Rhoad Rice Riser Smith, D. Smith, R. Stille Stuart Townsend Trotter Tucker Vaughn Wells Whatley Wilkes Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Breeland Brown, J. Brown, T. Byrd Cobb-Hunter Cooper Davenport Hallman Harris, J. Howard Hutson Inabinett Keyserling Kirsh Lanford Lee Limehouse Littlejohn Lloyd McCraw McElveen McMahand Meacham Moody-Lawrence Neal Neilson Phillips Richardson Robinson Sandifer Scott Seithel Shissias Simrill Tripp Waldrop Walker Whipper, L. Whipper, S. White Wilder
So, the amendment was tabled.
Rep. SEITHEL proposed the following Amendment No. 27A (Doc Name P:\amend\GJK\22910AC.96), which was tabled.
Amend the bill, as and if amended, in Section 44-7-3110, page 4, by inserting immediately after line 37 /Throughout the existence of the terms of the lease and thereafter, any corporation and/or organization and/or affiliation and/or committee which has any bearing directly or indirectly upon the Medical University of South Carolina or any component unit of the Medical University of South Carolina is subject to the Freedom of Information Act and the review of the Legislative Audit Council at any time./
Renumber sections to conform.
Amend totals and title to conform.
Rep. SEITHEL moved to table the amendment, which was agreed to.
Rep. LANFORD proposed the following Amendment No. 28A (Doc Name P:\amend\BBM\10890JM.96), which was adopted.
Amend the bill, as and if amended, by adding to the end of Section 44-7-3110, as contained in SECTION 1, on page 4, immediately after line 37:
/Notwithstanding any other provision of law, the Medical University of South Carolina (MUSC), which is the provider of a 'Sole Provider Service' as defined in this paragraph shall make each Sole Provider Service available on equal prices and terms to all persons. The price and terms for each Sole Provider Service shall be determined at the sole discretion of MUSC, and discounts required by law in connection with Medicare, Medicaid, Champus, or any other state or federal program shall not be required to be made available to those not otherwise entitled to these discounts. For purposes of this paragraph, a 'Sole Provider Service' means a specific program, facility, or service for:
(i) the highest level neonatal intensive care unit accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO);
(ii) a specific-purpose burn unit accredited by JCAHO;
(iii) the highest level pediatric intensive care unit accredited by JCAHO;
(iv) specialized pediatric tertiary and quartinary services;
(v) organ, bone marrow, and other transplant services;
(vi) the highest level trauma center accredited by JCAHO those services provided by MUSC;
For purposes of this section, MUSC means a general acute care hospital, other than a hospital owned by the federal government, which is located in a county in which there is at least one other general acute care hospital and the term shall include affiliates of the hospital under common control. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. LANFORD explained the amendment.
Rep. FELDER spoke against the amendment.
Rep. LANFORD spoke in favor of the amendment.
Rep. KLAUBER moved to table the amendment.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Boan Brown, H. Carnell Cato Cotty Dantzler Felder Fulmer Gamble Harrell Harvin Herdklotz Jaskwhich Keegan Kelley Klauber Koon Law Limbaugh Martin McAbee McKay Rice Riser Robinson Sharpe Smith, D. Smith, R. Stuart Tucker Wells Whatley Witherspoon Wofford Young Young-Brickell
Those who voted in the negative are:
Allison Anderson Breeland Brown, G. Brown, J. Brown, T. Byrd Cain Canty Cave Chamblee Clyburn Cobb-Hunter Cooper Davenport Easterday Fleming Govan Hallman Harris, J. Hines, J. Hines, M. Howard Hutson Inabinett Jennings Keyserling Kinon Kirsh Knotts Lanford Lee Limehouse Littlejohn Lloyd Loftis Marchbanks Mason McCraw McElveen McMahand Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Sandifer Scott Seithel Shissias Simrill Stille Townsend Tripp Trotter Vaughn Waldrop Whipper, L. Whipper, S. Wilder Wilkes Wright
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Breeland Brown, G. Brown, J. Brown, T. Byrd Cain Canty Cave Chamblee Clyburn Cobb-Hunter Cooper Davenport Easterday Fleming Govan Hallman Harris, J. Hines, J. Hines, M. Howard Hutson Inabinett Jennings Keyserling Kinon Kirsh Knotts Lanford Limehouse Littlejohn Lloyd Loftis Marchbanks Mason McCraw McElveen McKay McMahand Meacham Moody-Lawrence Neal Neilson Phillips Quinn Richardson Sandifer Scott Seithel Shissias Simrill Stille Townsend Tripp Trotter Vaughn Waldrop Whipper, L. Whipper, S. White Wilder Wilkes Williams Wright Young
Those who voted in the negative are:
Boan Brown, H. Carnell Cato Cotty Dantzler Felder Fulmer Gamble Harrell Harvin Herdklotz Jaskwhich Keegan Kelley Klauber Koon Law Limbaugh Martin McAbee Rice Riser Robinson Sharpe Smith, D. Smith, R. Stuart Tucker Wells Whatley Witherspoon Wofford Young-Brickell
So, the amendment was adopted.
The SPEAKER granted Rep. GOVAN a leave of absence for the remainder of the day.
The SPEAKER granted Rep. KEEGAN a leave of absence for the remainder of the day due to medical reasons.
Rep. QUINN moved to reconsider the vote whereby Amendment No. 28A was adopted.
Rep. FELDER moved to adjourn debate upon the motion to reconsider.
Rep. RICHARDSON moved to table the motion to adjourn debate.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Breeland Brown, J. Brown, T. Byrd Cain Canty Cave Chamblee Clyburn Cobb-Hunter Davenport Easterday Fleming Gamble Hallman Harris, J. Hines, J. Hines, M. Howard Hutson Inabinett Jennings Keyserling Kinon Kirsh Lanford Lee Limehouse Littlejohn Lloyd Loftis Marchbanks Mason McCraw McElveen McMahand Meacham Moody-Lawrence Neal Phillips Quinn Richardson Sandifer Scott Seithel Shissias Simrill Townsend Tripp Trotter Vaughn Waldrop Walker Whipper, L. Whipper, S. White Wilder Williams Wright Young
Those who voted in the negative are:
Boan Brown, H. Carnell Cato Cooper Cotty Dantzler Felder Fulmer Harrell Harvin Herdklotz Jaskwhich Kelley Klauber Knotts Koon Law Limbaugh Martin McAbee McKay Rhoad Rice Riser Robinson Sharpe Smith, D. Smith, R. Stille Stuart Tucker Wells Whatley Wilkes Wilkins Witherspoon Wofford Young-Brickell
So, the motion to adjourn debate on the motion to reconsider was tabled.
The question then recurred to the motion to reconsider the vote whereby Amendment No. 28A was adopted.
Rep. FULMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Boan Brown, H. Brown, T. Carnell Cato Cooper Cotty Cromer Dantzler Felder Fulmer Harrell Harvin Herdklotz Jaskwhich Kelley Klauber Knotts Koon Law Limbaugh McAbee McKay Rhoad Rice Riser Robinson Sharpe Smith, D. Smith, R. Stuart Townsend Tucker Wells Whatley Wilkes Wilkins Witherspoon Young Young-Brickell
Those who voted in the negative are:
Allison Anderson Breeland Brown, G. Brown, J. Byrd Cain Canty Cave Chamblee Clyburn Cobb-Hunter Davenport Easterday Fleming Gamble Hallman Harris, J. Hines, J. Hines, M. Howard Hutson Inabinett Jennings Keyserling Kinon Kirsh Lanford Lee Limehouse Littlejohn Lloyd Loftis Marchbanks Mason McCraw McElveen McMahand Meacham Moody-Lawrence Neal Phillips Quinn Richardson Sandifer Scott Seithel Shissias Simrill Stille Trotter Vaughn Waldrop Whipper, L. Whipper, S. White Wilder Wright
So, the motion to reconsider was rejected.
Rep. RISER moved to reconsider the vote whereby Amendment No. 24A was rejected.
Rep. FELDER moved to table the motion to reconsider.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Boan Brown, H. Cain Carnell Cato Clyburn Cooper Cotty Cromer Dantzler Easterday Felder Fulmer Gamble Harvin Herdklotz Jaskwhich Kelley Klauber Knotts Koon Lanford Law Limbaugh Martin Mason McAbee McKay Rice Riser Sharpe Smith, R. Stuart Townsend Tucker Vaughn Walker Wells Whatley Wilkes Witherspoon Wofford Young-Brickell
Those who voted in the negative are:
Allison Anderson Breeland Brown, J. Brown, T. Byrd Cave Cobb-Hunter Davenport Fleming Hallman Harrell Harris, J. Hines, J. Hines, M. Howard Hutson Inabinett Jennings Keyserling Kirsh Limehouse Littlejohn Lloyd Loftis Marchbanks McCraw McElveen McMahand Meacham Moody-Lawrence Neal Phillips Quinn Richardson Robinson Sandifer Scott Seithel Shissias Simrill Tripp Trotter Waldrop Whipper, L. Whipper, S. White Wilder Wilkins Wright Young
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider whereby Amendment No. 28A was rejected.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Breeland Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Davenport Fleming Hallman Harrell Harris, J. Hines, J. Hines, M. Howard Hutson Inabinett Keyserling Kirsh Lanford Limehouse Littlejohn Lloyd Loftis Marchbanks McCraw McElveen McMahand Meacham Moody-Lawrence Neal Phillips Quinn Richardson Sandifer Scott Seithel Shissias Simrill Townsend Tripp Trotter Waldrop Whipper, L. Whipper, S. White Wilder Wilkins Wright
Those who voted in the negative are:
Boan Brown, H. Cain Carnell Cato Cooper Cotty Dantzler Easterday Felder Fulmer Gamble Harvin Herdklotz Jaskwhich Jennings Kelley Klauber Knotts Koon Limbaugh Mason McAbee McKay Rice Riser Robinson Sharpe Smith, D. Smith, R. Stille Stuart Tucker Vaughn Walker Wells Whatley Wilkes Witherspoon Wofford Young-Brickell
So, the motion to reconsider was agreed to.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. LANFORD proposed the following Amendment No. 29A (Doc Name P:\amend\PFM\9430AC.96), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Notwithstanding any other provision of law, all funding appropriated to the Medical University of South Carolina is transferred to the University of South Carolina School of Medicine, hereinafter to be known as the South Carolina School of Medicine. Any future funding for the South Carolina School of Medicine must be appropriated to the University of South Carolina for the specific use of the South Carolina School of Medicine./
Renumber sections to conform.
Amend title to conform.
Rep. LANFORD moved to table the amendment, which was agreed to.
Rep. HUTSON proposed the following Amendment No. 30A (Doc Name P:\amend\GJK\22920SD.96), which was tabled.
Amend the bill, as and if amended, by striking SECTION 9 as contained on page 6 and inserting:
/SECTION 9. Notwithstanding any other provisions of law, Medical University of South Carolina students, state employees, and state public officials, except for members of the General Assembly, shall not be charged or required to pay any co-payments by the private operator or any of its successors in interest for services received at the leased facilities. Co-payment as used herein means payments or deductibles required from the insured student, employee, or official under the insurance contract, program, or policy in force at the time the service was provided. The applicable agreements between MUSC and the private operator must include the provisions of this section./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HUTSON explained the amendment.
Rep. BOAN spoke against the amendment.
Rep. HUTSON moved to table the amendment, which was agreed to.
Rep. HUTSON's remarks were printed in the Journal as follows:
I feel compelled to come forward to address the matter of a lease and affiliation agreements between MUSC and Columbia/HCA because they have such far-reaching implications to our State. The implications I think are on the order of the magnitude of restructuring state government.
I have watched this issue develop over the last two years and attended most of the hearings and participated in many. In fact, I take some responsibility for opening the process up when I suggested at one of the hearings early on that MUSC should consider other options.
I am as informed as anyone in this Chamber and yet I do not feel comfortable in making a decision while significant concerns remain unanswered. When I was the Army Staff Officer for SALT and worked on some of the most sensitive and highly technical strategic agreements, we worked until we eliminated the flaws, never leaving ambiguities that would place our country at risk. In fact, I remember one instance when we worked for two weeks to establish a strategic policy embodied in less than a sentence but that policy has prevailed for over 20 years and saved this country billions of dollars. I do not understand the necessity to rush the process when we may place our State at risk financially if it is determined through litigation that the affiliation and lease contain elements that are not legal. We can and should insist on safeguards.
We have at our disposal several means to provide those safeguards. For example, we could have the Attorney General seek a declaratory judgement from the courts. Doesn't it make good sense to avoid hundreds of millions of dollars in damages and legal fees?
I am not opposed to a lease and affiliation as long as they do not impact unfavorably on the long-term viability of the Medical School and the teaching environment; as long as they do not impact unfavorably on the access and cost to all South Carolinians for services that only the Medical Center now provides, such as the Burn Center and the Transplant Center; as long as the employees of the components involved get fair treatment and, most importantly, this lease and attendant affiliation agreement are constitutionally legal.
For example, I find especially troublesome major questions regarding the status of University Medical Associates. Is it a component of the state? How is it organized? Is it making distributions and on what basis? Or is it paying salaries for services rendered? Is the State involved in a quasi-private enterprise profit-making mechanism? Or is it operating truly as a 5.01C.3 entity?
I want to share some attitudes of the doctors in my district as well as my constituents in general.
In response to a survey I sent out to my constituents, 25% favored the lease and affiliation; 54% opposed them and 21% did not know enough or had no opinion.
Again, during a recent meeting of a medical society in Dorchester County, a straw poll was taken on the MUSC-Columbia/HCA lease and affiliation. Of the 35 doctors attending, 14 supported, 13 opposed and 8 did not vote.
These two recent polls indicate significant opposition to the lease and affiliation at this point.
Accordingly, I do believe that we should provide at least one fundamental safeguard (through a declaratory judgement) that our citizens deserve.
Rep. HUTSON proposed the following Amendment No. 31A (Doc Name P:\amend\GJK\22874AC.96), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. Notwithstanding any provision of this act or any other provision of law, this act does not take effect until a final determination is made in a declaratory judgement action finding this act constitutional. However, if a court of competent jurisdiction finds any portion or provision of this act unconstitutional, the remaining portions or provisions are valid and take effect and to this end the provisions of this act are severable./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HUTSON explained the amendment.
Rep. FELDER moved to table the amendment, which was agreed to.
Rep. MARTIN proposed the following Amendment No. 3A (Doc Name P:\amend\PFM\9415AC.96), which was tabled.
Amend the bill, as and if amended, by striking all before the enacting words and inserting:
/TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH DISTRICTS BY ADDING ARTICLE 25 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA (MUSC) TO ENTER INTO AGREEMENTS TO TRANSFER THE MANAGEMENT AND OPERATIONS OF THE MEDICAL UNIVERSITY HOSPITAL TO ONE OR MORE PRIVATE OPERATORS AND TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS OF SUCH AGREEMENTS AND AT DEFAULT OR TERMINATION OF SUCH AGREEMENTS; AND TO DESCRIBE THE LAND AND IMPROVEMENTS ON THE LAND WHICH ARE SUBJECT TO SUCH AGREEMENTS. TO PROVIDE THAT UNIVERSITY MEDICAL ASSOCIATES (UMA) IS A PUBLIC BODY FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT; TO REQUIRE HCA, UPON APPROVAL OF A SALE OR LEASE, TO CREATE AN EMPLOYEE GRIEVANCE COMMITTEE AND TO FURTHER PROVIDE TERMINATION PROCEDURES FOR MUSC GRIEVANCES; TO REQUIRE THE BUDGET AND CONTROL BOARD TO CONSULT WITH THE SOUTH CAROLINA COMMISSION ON HIGHER EDUCATION BEFORE AUTHORIZING TRANSACTIONS UNDER THIS ACT; TO PROHIBIT A CURRENT EMPLOYEE OF MUSC OR UMA FROM PERSONALLY PROFITING FROM ANY TRANSACTION AUTHORIZED UNDER THIS ACT; TO REQUIRE THE CONSENT OF THE MUSC BOARD OF TRUSTEES FOR ANY DISCONTINUATION OR TRANSFER OF ANY INPATIENT CLINICAL SERVICE OFFERED AT THE MEDICAL CENTER; TO PROVIDE THAT UMA AGREEMENTS WITH EMPLOYEES, AMONG OTHERS, ARE SUBJECT TO REVIEW BY THE MUSC BOARD OF TRUSTEES AND MAY NOT CONFLICT WITH AGREEMENTS AUTHORIZED UNDER THIS ACT; TO REQUIRE MEMBERS OF THE GENERAL ASSEMBLY TO PAY A CO-PAY OR DEDUCTIBLE FOR SERVICES RECEIVED AT MUSC OR ITS SUCCESSOR IN INTEREST; TO REQUIRE MUSC TO MAINTAIN THE CURRENT LEVEL OF SERVICES OFFERED TO INDIGENT PATIENTS AT CHARLESTON MEMORIAL HOSPITAL UNLESS THE BOARD APPROVES OTHERWISE; AND TO REQUIRE AGREEMENTS OF SUBSIDIARY CORPORATIONS TO BE UNCONDITIONALLY GUARANTEED BY THE PARENT CORPORATION./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MARTIN moved to table the amendment, which was agreed to.
Reps. LANFORD, QUINN, SEITHEL, HERDKLOTZ and DAVENPORT proposed the following Amendment No. 11A (Doc Name P:\amend\PFM\9432AC.96), which was tabled.
Amend the bill, as and if amended, SECTION 1, Section 44-7-3110, page 4, by adding immediately after line 37:
/Notwithstanding any other provision of law, the hospitals and other clinical facilities of the Medical University of South Carolina must be made available to all citizens of South Carolina and there must be no discrimination in access or pricing based on race, gender, religion, or affiliation or nonaffiliation with any healthcare network./
Renumber sections to conform.
Amend title to conform.
Rep. LANFORD moved to table the amendment, which was agreed to.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The SPEAKER granted Reps. CLYBURN and BYRD a leave of absence for the remainder of the day.
The Senate amendments to the following Joint Resolution were taken up for consideration.
H. 3170 -- Reps. Govan, Simrill, Inabinett, Lloyd and Hines: A JOINT RESOLUTION TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO INCUR A LIMITED AMOUNT OF DEBT FOR A PERIOD NOT TO EXCEED EIGHT MONTHS FOR THE STATE HOUSE RENOVATION PROJECT AND TO REQUIRE THAT THE DEBT BE RETIRED FROM APPROPRIATIONS AUTHORIZED FOR THE STATE HOUSE RENOVATION PROJECT IN FISCAL YEAR 1996-97.
Rep. WILKINS proposed the following Amendment No. 3A (Doc Name P:\AMEND\GJK\22918SD.96), which was adopted.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The State Budget and Control Board shall conduct a study to determine the full costs and benefits of allowing members of the South Carolina Retirement System to retire at any age without penalty with at least twenty-five years of credited service. The study must address all actuarial issues raised by this proposal including the additional costs and options to meet those costs, and a thorough review of the potential benefits of the proposal, including any possible personnel expense reductions. The study should also include a review of other states' retirement benefit plans. The study shall address these issues with respect to both state and local government employers under the system. The study's findings and conclusions must be reported to the General Assembly no later than November 15, 1995.
SECTION 2. This joint resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
The Senate amendments, as amended, were then agreed to and the Joint Resolution ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
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.
Rep. MARTIN proposed the following Amendment No. 1A (Doc Name P:\amend\PFM\9413AC.96), which was adopted.
Amend the bill, as and if amended, Section 20-7-7420, page 20, by deleting lines 20 and 21 and inserting:
/and the court appoints counsel, the court may order the parents to reimburse the Indigent Defense Fund or pay the court-appointed attorney in an amount to be determined by the court./
Amend further, Section 20-7-7605, page 22, by inserting immediately after line 20:
/(10) If a child fourteen years of age or older is charged with an offense which, if committed by an adult, provides for a term of imprisonment of ten years or more and the child previously has been adjudicated delinquent in family court or convicted in circuit court for two prior offenses which, if committed by an adult, provide for a term of imprisonment of ten years or more, the court acting as committing magistrate shall bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offense if committed by an adult. For the purpose of this item, an adjudication or conviction is considered a second adjudication or conviction only if the date of the commission of the second offense occurred subsequent to the imposition of the sentence for the first offense./
Amend further, page 24, by inserting immediately after line 33:
/Section 20-7-7807. (A) If a child is adjudicated delinquent for a status offense or is found in violation of a court order relating 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 relating 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 Department of Public Safety for license suspension. However, convictions not related to the operation of a motor vehicle shall not result in increased insurance premiums.
(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 Department of Public Safety for reissuance of the license with the restriction clearly noted.
(E) Notwithstanding the definition of a 'child' as provided for in Section 20-7-6605, 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 further, Section 20-7-8510(C), page 35, line 1, by deleting /under criminal investigation/; by inserting immediately after line 9: /In addition, a juvenile under criminal investigation may be fingerprinted by a law enforcement agency upon an order from a family court judge for the offenses enumerated above./; and on line 10, after /juvenile/, by inserting /under criminal investigation or/.
Amend further, by adding an appropriately numbered SECTION to read:
/SECTION __. The Code Commissioner shall:
(1) place all appropriate provisions of acts dealing with juvenile justice enacted in the 1996 session of the General Assembly in the appropriate subarticle of Article 30, Chapter 7, Title 20 of the 1976 Code as added by this act, and in so doing he may modify the language of code sections as necessary to implement the intent of the General Assembly;
(2) delete from the chapters added by this act any provision of law the subject matter of which was repealed or eliminated by the General Assembly in the 1996 session;
(3) amend provisions in the sections added by this act corresponding to amendments of the juvenile justice laws of this State enacted by the General Assembly during the 1996 session in other acts;
(4) correct cross references as he considers necessary in affected provisions of the 1976 Code./
Amend further, SECTION 2, page 48, line 39, after /20-7-1330,/ by inserting /20-7-1333,/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
Rep. T. BROWN moved to adjourn debate upon the Senate amendments to the following Bill, which was adopted.
S. 944 -- Senators Greg Smith and Rose: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF GEORGETOWN COUNTY.
The Senate amendments to the following Bill were taken up for consideration.
H. 3905 -- Reps. Wright, Quinn and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-45 SO AS TO PROVIDE A PROCEDURE FOR REIMBURSING A SCHOOL DISTRICT FOR COSTS TO THE DISTRICT OF EDUCATING A CHILD NOT A RESIDENT OF THE SCHOOL DISTRICT HE ATTENDS.
Rep. WRIGHT explained the Senate amendments.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.
Rep. SHARPE explained the amendments.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3785 -- Reps. Sharpe, Knotts, Hutson, Limehouse, Littlejohn, A. Young, Whatley, Fleming, Bailey, Fair, Easterday, Allison, Meacham, Walker, Moody-Lawrence, R. Smith, Neal, Tripp, Neilson, Stille, Davenport, Witherspoon, Hines, Vaughn, Rice, Cato, Haskins, Sandifer, Shissias, Mason, Riser, J. Brown, Wright, Wofford, Richardson, J. Harris, Dantzler and Harrison: A BILL TO AMEND TITLE 40, CHAPTER 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MASSEURS AND MASSEUSES, TO ENACT THE MASSAGE PRACTICE ACT SO AS TO CREATE THE BOARD OF MASSAGE AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH LICENSURE AND RENEWAL REQUIREMENTS FOR MASSAGE THERAPISTS; TO DEFINE ACTS OF MISCONDUCT AND TO PROVIDE DISCIPLINARY ACTION AND PROCEDURES FOR MISCONDUCT, AND TO PROVIDE PENALTIES.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Joint Resolution were taken up for consideration.
H. 4803 -- Reps. Harrison and Wilkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 17, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES, SO AS TO PERMIT THE SUPREME COURT TO REMOVE ANY JUDGE WITHIN THE UNIFIED JUDICIAL SYSTEM FROM OFFICE FOR MISCONDUCT, BREACH OF ANY ETHICAL OBLIGATION, HABITUAL INTEMPERANCE, OR PERSISTENT FAILURE TO PERFORM THE DUTIES OF THE OFFICE, AND ALSO TO PERMIT THE SUPREME COURT TO REMOVE OR RETIRE ANY JUDGE FROM OFFICE UPON A FINDING OF MENTAL OR PHYSICAL INCAPACITY RATHER THAN DISABILITY WHICH SERIOUSLY INTERFERES WITH THE PERFORMANCE OF HIS DUTIES WHICH IS OR IS LIKELY TO BECOME PERMANENT.
Rep. D. SMITH explained the Senate amendments.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration.
H. 4541 -- Reps. Simrill, Moody-Lawrence and Kirsh: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE MONETARY PENALTIES FOR CERTAIN VIOLATIONS.
Rep. SIMRILL proposed the following Amendment No. 1A (Doc Name P:\amend\DKA\3790SD.96).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 16-17-600 of the 1976 Code, as last amended by Section 34, Act 184 of 1993, is further amended to read:
"Section 16-17-600. (A) It is unlawful for a person wilfully and knowingly, and without proper legal authority to:
(1) destroy or damage the remains of a deceased human being;
(2) remove a portion of the remains of a deceased human being from a burial ground where human skeletal remains are buried, a grave, crypt, vault, mausoleum, or other repository; or
(3) desecrate human remains.
A person violating the provisions of subsection (A) is guilty of a felony and, upon conviction, must be fined not more than two five thousand dollars and imprisoned not less than one year nor more than ten years.
(B) It is unlawful for a person wilfully and knowingly, and without proper legal authority to:
(1) obliterate, vandalize, or desecrate a burial ground where human skeletal remains are buried, a grave, graveyard, tomb, mausoleum, or other repository of human remains;
(2) deface, vandalize, injure, or remove a gravestone or other memorial monument or marker commemorating a deceased person or group of persons, whether located within or outside of a recognized cemetery, memorial park, or battlefield; or
(3) obliterate, vandalize, or desecrate a park or other area clearly designated to preserve and perpetuate the memory of a deceased person or group of persons.
A person violating the provisions of subsection (B) is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than two ten thousand dollars, or both.
(C) It is unlawful for a person wilfully, knowingly, and without proper legal authority to destroy, tear down, or injure only fencing, plants, trees, shrubs, or flowers located upon or around a repository for human remains, or within a human graveyard or memorial park.
A person violating the provisions of subsection (C) is guilty of a felony and, upon conviction, must be fined in the discretion of the court not more than five thousand dollars or imprisoned not more than five years, or both. Injury or loss of property less than two hundred dollars is a misdemeanor triable in magistrate's court. Upon conviction, the person must be fined, imprisoned, or both, not more than is permitted by law, without presentment or indictment by the grand jury."
SECTION 2. The 1976 Code is amended by adding:
"Section 16-17-601. It is unlawful for a person wilfully, knowingly, and without proper legal authority to destroy, tear down, or injure a repository for animal remains, an animal graveyard including any markers or gravestones therein or, fencing, plants, trees, or shrubs located upon or around a repository for animal remains or an animal graveyard. To be found guilty of a violation of this section, the repository for animal remains or the animal graveyard must be clearly marked as such, or the person committing the violation must have personal knowledge that the location was a repository for animal remains or an animal graveyard.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days or both."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. SIMRILL explained the amendment.
Rep. LANFORD moved to continue the Bill.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Boan Breeland Brown, G. Brown, H. Cain Carnell Cato Chamblee Cobb-Hunter Cooper Cotty Dantzler Davenport Easterday Felder Fleming Gamble Hallman Harrell Harris, J. Harvin Herdklotz Hines, J. Hines, M. Howard Hutson Jaskwhich Kelley Keyserling Kinon Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Martin Mason McAbee McCraw McKay Meacham Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stille Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Brown, T. McMahand Moody-Lawrence Scott
So, the Bill was continued.
The Senate amendments to the following Bill were taken up for consideration.
H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
Rep. SHARPE moved to continue the Bill and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Carnell Cave Chamblee Dantzler Easterday Felder Fleming Gamble Harvin Herdklotz Hutson Kirsh Knotts Koon Lanford Law Lee Limbaugh Littlejohn Lloyd Loftis Marchbanks McAbee McCraw McKay McMahand Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Stille Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Witherspoon Wright
Those who voted in the negative are:
Anderson Boan Breeland Brown, G. Brown, J. Brown, T. Canty Cato Cobb-Hunter Cooper Cotty Davenport Hallman Harrell Harris, J. Hines, M. Howard Jaskwhich Kelley Keyserling Kinon Limehouse Martin Mason McElveen Meacham Moody-Lawrence Neal Richardson Scott Seithel Shissias Whipper, L. Whipper, S. White Wofford Young Young-Brickell
So, the Bill was continued.
The Senate amendments to the following Bill were taken up for consideration.
H. 4818 -- Reps. Harrison, Sheheen, Whatley, Tucker, Spearman, Rice, Herdklotz, Seithel, Young-Brickell, Stuart, Wilkins, Knotts, Klauber, Wofford, Fleming, Chamblee, D. Smith, Sandifer, Cain, Riser, Meacham, Cato, Robinson, H. Brown and Wright: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE DEPARTMENT FOR EVALUATION.
Rep. MARTIN explained the Senate amendments and moved to adjourn debate upon the Senate amendments, which was adopted.
Rep. CATO moved to adjourn debate upon the following Bill, which was adopted.
H. 4627 -- Reps. Cato, J. Brown, H. Brown, Boan, Vaughn, Wright, Tripp and Lanford: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 SO AS TO REENACT THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS PREVIOUSLY PROVIDED FOR IN CHAPTER 1 OF TITLE 40; TO AMEND TITLE 40, CHAPTER 1, AS AMENDED, RELATING TO THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS, SO AS TO DELETE ALL PROVISIONS AND TO PROVIDE, AMONG OTHER THINGS, FOR THE POWERS AND DUTIES COMMON TO ALL OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 73, TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION.
The Senate amendments to the following Bill were taken up for consideration.
H. 4584 -- Reps. Cooper, H. Brown, Fulmer, Knotts, Young-Brickell, Wofford, Hallman, Quinn, Cato, P. Harris, Harrell and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO MAKE IT UNLAWFUL TO DISTURB OR INTERFERE OR REMOVE MONUMENTS OR MEMORIALS FOR WAR VETERANS AND PROVIDE A PENALTY.
Rep. KNOTTS moved to adjourn debate upon the Senate amendments until Tuesday, May 28.
Rep. SCOTT moved to table the motion to adjourn debate.
Rep. KNOTTS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Breeland Brown, J. Brown, T. Cain Canty Cave Cobb-Hunter Davenport Easterday Hallman Harrell Harris, J. Harvin Herdklotz Hines, J. Hines, M. Howard Kinon Lee Limbaugh Limehouse Lloyd Loftis Marchbanks Mason McElveen McMahand Moody-Lawrence Neal Neilson Rice Robinson Scott Seithel Sharpe Stille Tripp Trotter Vaughn Waldrop Whipper, L. Whipper, S. White
Those who voted in the negative are:
Brown, H. Carnell Cato Chamblee Cooper Cotty Dantzler Fleming Gamble Hutson Jaskwhich Kelley Kirsh Knotts Koon Lanford Law Littlejohn McCraw McKay Meacham Quinn Rhoad Richardson Riser Sandifer Shissias Simrill Smith, D. Stuart Townsend Tucker Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young Young-Brickell
So, the motion to adjourn debate was tabled.
Rep. RICHARDSON moved that the House recur to the morning hour, which was agreed to.
Further proceedings were interrupted by the House recurring to the morning hour, the pending question being consideration of Senate amendments.
The following was received.
Columbia, S.C., May 23, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1114:
S. 1114 -- Senator Greg Smith: A BILL TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The SPEAKER granted Reps. G. BROWN and LEE a leave of absence for the remainder of the day.
The Senate amendments to the following Bill were taken up for consideration:
H. 4637 -- Reps. Townsend, Allison, Howard and Wright: A BILL TO AMEND CHAPTER 125, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINTHROP UNIVERSITY, BY DESIGNATING SECTIONS 59-125-10 THROUGH 59-125-120 AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS", AND BY ADDING ARTICLE 3 ENACTING THE WINTHROP UNIVERSITY FACILITIES REVENUE BOND ACT SO AS TO PROVIDE AUTHORITY FOR THE UNIVERSITY TO ISSUE REVENUE BONDS TO ACQUIRE, CONSTRUCT, RENOVATE, AND EQUIP CERTAIN REVENUE-PRODUCING FACILITIES, AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THESE BONDS MAY BE ISSUED, INCLUDING THOSE REVENUES THAT MAY BE PLEDGED FOR THEIR REPAYMENT.
Rep. TOWNSEND explained the Senate amendments.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 5045 -- Reps. Koon, Rhoad and Stuart: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF U.S. HIGHWAY 301 FROM THE BAMBERG CITY LIMITS TO ELDERBRANCH ROAD IN ORANGEBURG COUNTY AS THE "WILLIAM BLEASE LATTIMORE, SR. MEMORIAL HIGHWAY".
On motion of Rep. QUINN, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
H. 5045 -- Reps. Koon, Rhoad and Stuart: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF U.S. HIGHWAY 301 FROM THE BAMBERG CITY LIMITS TO ELDERBRANCH ROAD IN ORANGEBURG COUNTY AS THE "WILLIAM BLEASE LATTIMORE, SR. MEMORIAL HIGHWAY".
Whereas, William Blease Lattimore, Sr., was born in York County on August 6, 1912, the son of William Carson and Ruth S. Lattimore, and was a resident of Richland County when he died September 29, 1984; and
Whereas, Mr. Lattimore came from a family of highway construction workers and at the age of twelve, he went to work with his father in road construction carrying water for mules; and
Whereas, he dedicated the majority of the next fifty years to building and improving roads and highways in South Carolina; and
Whereas, Mr. Lattimore's career as a superintendent in road construction included being superintendent of two sections of Interstate 20 in Lexington County, two sections of Interstate 26, two sections of Interstate 85, one section of Interstate 95, and numerous main and secondary roads throughout the State; and
Whereas, during his tenure as construction superintendent the name "Lattimore" was synonymous with road construction in South Carolina; and
Whereas, Mr. Lattimore's last road construction job was as superintendent on widening U.S. Highway 301 in Bamberg and Orangeburg Counties where one of his two sons, also in road construction, worked with him on this job; and
Whereas, Mr. Lattimore was a hardworking well respected supervisor, and a man of talent, leadership, and integrity who was committed to doing the best job possible; and
Whereas, it is fitting and proper that the work and service to which Mr. William Blease Lattimore dedicated his life be recognized by naming a portion of U.S. Highway 301 as the "William Blease Lattimore, Sr. Highway". Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request that the Department of Transportation designate and name the portion of U.S. Highway 301 from the Bamberg City limits to Elderbranch Road in Orangeburg County as the "William Blease Lattimore, Sr. Memorial Highway" and install appropriate markers or signs at placed along the highway as the department.
Be it further resolved that a copy of this resolution be forwarded to the family of Mr. William Blease Lattimore, Sr., c/o Mr. Shelton Lattimore, P. O. Box 21, Gilbert, South Carolina 29054.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 5062 -- Reps. Harvin, Allison, Cain, J. Harris, Jennings, Kinon, McCraw, Vaughn and Witherspoon: A HOUSE RESOLUTION COMMENDING PIEDMONT MUNICIPAL POWER AGENCY AND S. SCOTT GRIFFIN, THE AGENCY'S PUBLIC AFFAIRS COORDINATOR, FOR THEIR DEDICATION AND OUTSTANDING LEGISLATIVE ACCOMPLISHMENT IN THE 1996 SESSION OF THE GENERAL ASSEMBLY.
The Resolution was adopted.
The following was introduced:
H. 5063 -- Reps. Rogers, J. Brown, Byrd, Cotty, Cromer, Harrison, Howard, Neal, Quinn, Scott, Shissias, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, T. Brown, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE THE UNIVERSITY OF SOUTH CAROLINA ALUMNI ASSOCIATION FOR 150 YEARS OF SERVICE TO THE STATE OF SOUTH CAROLINA AND TO ALUMNI FRIENDS, FACULTY, STAFF, AND STUDENTS OF THE UNIVERSITY OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5064 -- Reps. McAbee, Carnell and Koon: A CONCURRENT RESOLUTION COMMENDING CAROLYN W. REESE OF LEXINGTON COUNTY ON HER TWENTY-FIVE YEARS OF SERVICE WITH THE STATE LAW ENFORCEMENT DIVISION AND WISHING HER THE VERY BEST ON THE OCCASION OF HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5065 -- Reps. Davenport, Lanford, Walker, Lee, Littlejohn, Allison, Wilder, Wells, D. Smith and Vaughn: A CONCURRENT RESOLUTION CONGRATULATING MISS KATHRYN REESE OF SPARTANBURG FOR ACHIEVING, THROUGH DEDICATION AND HARD WORK, THE ACADEMIC HONOR OF BEING A 1996 MAGNA CUM LAUDE GRADUATE OF THE UNIVERSITY OF SOUTH CAROLINA, AND COMMENDING HER ON HER MANY ACCOMPLISHMENTS AND FOR BEING AN EXCELLENT ROLE MODEL FOR THE CHILDREN OF OUR STATE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5066 -- Reps. Rice and Robinson: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING KYLE THOMPSON, A STUDENT AT EASLEY HIGH SCHOOL, ON WINNING THE 1996 CLASS AAAA INDIVIDUAL STATE CHAMPIONSHIP IN GOLF.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
S. 942 -- Senators Giese, Wilson, Elliott and Reese: A BILL TO AMEND SECTION 22-2-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE OF A DULY SUMMONED JUROR IN MAGISTRATE'S COURT TO APPEAR, SO AS TO INCREASE THE PENALTY FOR VIOLATION; AND TO AMEND SECTION 22-3-950, RELATING TO A MAGISTRATE'S POWER TO PUNISH FOR CONTEMPT, SO AS TO INCREASE THE PENALTY FOR CONTEMPT.
Referred to Committee on Judiciary.
The SPEAKER granted Rep. SHISSIAS a temporary leave of absence.
The following Bill was taken up.
S. 659 -- Senators Cork, Greg Smith, Elliott, McConnell and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.
Reps. RICHARDSON and KEYSERLING, with unanimous consent, proposed the following Amendment No. 7 (Doc Name L:\s-res\legis\amend\659R001.hac), which was tabled.
Amend the bill, as and if amended, page 7, after line 7, by adding the following:
/(G) acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle baths; land protecting existing and future; public water supply, well fields, highway buffering and aquifer recharge areas; and land for wildlife preserves; and land for future public recreational facilities;
(e) nourishment, renourishment (resanding) and maintenance of beaches;
(f) dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system;
(g) maintenance of public beach access;
(h) capital improvements to the beaches and beach related facilities, such as public parking areas for beach access; dune walkovers and rest room facilities, with or without changing rooms, at public beach parks; and
(i) construction and maintenance of drainage systems.
Amend the bill further, as and if amended, page 3, after line 9, by adding the following:
/(g) acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle baths; land protecting existing and future; public water supply, well fields, highway buffering and aquifer recharge areas; and land for wildlife preserves; and land for future public recreational facilities;
(h) nourishment, renourishment (resanding) and maintenance of beaches;
(i) dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system;
(j) maintenance of public beach access;
(k) capital improvements to the beaches and beach related facilities, such as public parking areas for beach access; dune walkovers and rest room facilities, with or without changing rooms, at public beach parks; and
(l) construction and maintenance of drainage systems./
Renumber sections to conform.
Amend totals and title to conform.
Rep. RICHARDSON explained the amendment.
Rep. TUCKER moved to table the amendment, which was agreed to.
Reps. KELLEY, TUCKER, KEEGAN and ROBINSON proposed the following Amendment No. 9 (Doc Name P:\amend\GJK\22925JM.96), which was adopted.
Amend the bill, as and if amended, by striking SECTIONS 3, 4, 5, and 6 and inserting:
/SECTION 3. Section 61-9-312 of the 1976 Code, as last amended by Section 75, Part II, Act 145 of 1995, is further amended to read:
"Section 61-9-312. (A) In counties or municipalities where temporary permits are authorized to be issued pursuant to Section 61-5-180, in lieu of the retail permit fee required pursuant to Section 61-9-310, a retail dealer otherwise eligible for the retail permit under that section may elect to apply for a special version of that permit which allows sales for off-premises consumption without regard to the restrictions on the days or hours of sales provided in Sections 61-9-90, 61-9-100, 61-9-110, and 61-9-130. The annual fee for this special retail permit is one thousand dollars.
(B) Revenue generated by the fees must be credited to the general fund of the State except that revenue generated by the fees within a county where a federal military base or installation has been closed, or is designated to be closed and where the federal facility has reduced its permanent civilian employment by three thousand seven hundred fifty or more jobs after December 31, 1990, for a period of ten years after the effective date of Chapter 12 of Title 31, must be credited to a special separate and distinct account with the Budget and Control Board for support of a redevelopment authority created therein pursuant to Chapter 12 of Title 31. All other requirements for retail permits provided in Section 61-9-310 apply to the special permits authorized by this section.
(C) Immediately following the dissolution of a redevelopment authority pursuant to Section 31-12-100(A), the fees distributed to the dissolved redevelopment authority pursuant to subsection (B) must be distributed to the general fund."
SECTION 4. Section 61-5-180 of the 1976 Code is amended to read:
"Section 61-5-180. (A) In addition to the provisions of Section 61-5-85, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The department in its sole discretion shall specify the terms and conditions of the permit.
(B) The permit fees must be credited to the general fund of the State.
The department in its sole discretion shall specify the terms and conditions of the permit.
(C) Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the county or municipality, as the case may be, in not less than thirty nor more than forty days after receiving the petition. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue and Taxation. The question on the ballot shall read substantially as follows:
'Shall the South Carolina Department of Revenue and Taxation be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'
A referendum for this purpose may not be held more often than once in forty-eight months.
The expenses of any such referendum must be paid by the county or municipality conducting the referendum."
SECTION 5. In a county in which temporary permits may be issued pursuant to Section 61-5-180, revenue generated by the fees imposed under that section within a county where a federal military base or installation has been closed, or is designated to be closed and where the federal facility has reduced its permanent civilian employment by seven hundred fifty or more jobs, but not more than two thousand nine hundred ninety-nine jobs, after December 31, 1990, for a period of five years beginning July 1, 1997, must be credited to a special separate and distinct account with the Budget and Control Board for support of a redevelopment authority created therein pursuant to Chapter 12 of Title 31.
SECTION 6. Sections 1 and 2 of this act take effect upon approval by the Governor. Sections 3, 4, and 5 of this act take effect July 1, 1996./
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the third time and ordered returned to the Senate with amendments.
Rep. HARRELL moved to adjourn debate upon the following Bill until Tuesday, May 28, which was adopted.
S. 913 -- Senators Passailaigue, Ford, McConnell, Reese, Washington and Rose: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
Rep. TUCKER moved to adjourn debate upon the following Bill, which was adopted.
S. 1284 -- Senator Thomas: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE DEPARTMENT FOR EVALUATION.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Tuesday, May 28, which was adopted.
S. 1219 -- Education Committee: A BILL TO AMEND SECTION 59-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO KINDERGARTEN PROGRAMS, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 1996-97, THE BOARD OF TRUSTEES OF A DISTRICT SHALL IMPLEMENT FULL-DAY AS WELL AS HALF-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAMS, TO PROVIDE THAT PARENTS OF CHILDREN WHO ARE ELIGIBLE TO ATTEND FIVE-YEAR-OLD KINDERGARTEN MAY ELECT AT THEIR OPTION EITHER THE FULL-DAY OR HALF-DAY PROGRAM FOR THEIR CHILDREN, TO REQUIRE CERTAIN NOTICES FOR PURPOSES OF THESE KINDERGARTEN PROGRAMS, AND TO PROVIDE FOR THE MANNER IN WHICH CHILDREN ATTENDING THESE PROGRAMS SHALL BE COUNTED FOR PURPOSES OF COMPUTING AVERAGE DAILY MEMBERSHIP; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-35-20 SO AS TO PROVIDE PROCEDURES FOR SCHOOL DISTRICTS AND SCHOOLS TO OBTAIN WAIVERS FROM THE ABOVE REQUIREMENTS THAT FULL-DAY AND HALF-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAMS BE ESTABLISHED.
Rep. KNOTTS withdrew his objection to S. 35 however, other objections remained upon the Bill.
Rep. ROBINSON withdrew his objection to S. 378 however, other objections remained upon the Bill.
Rep. KNOTTS withdrew his objection to S. 1213 however, other objections remained upon the Bill.
Rep. SANDIFER withdrew his objection to S. 378 however, other objections remained upon the Bill.
Rep. MASON asked unanimous consent to recall S. 760 from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.
Rep. WALKER asked unanimous consent to recall H. 4263 from the Committee on Ways and Means.
Rep. ROBINSON objected.
On motion of Rep. ALLISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 1049 -- Senator Rankin: A BILL TO AMEND SECTION 23-6-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPOSITION OF THE SOUTH CAROLINA PUBLIC SAFETY COORDINATING COUNCIL, SO AS TO EXPAND THE MEMBERSHIP TO INCLUDE A VICTIM REPRESENTATIVE.
Rep. McELVEEN asked unanimous consent to recall S. 1037 from the Committee on Judiciary.
Rep. KNOTTS objected.
Rep. COBB-HUNTER asked unanimous consent to recall S. 974 from the Committee on Education and Public Works.
Rep. SIMRILL objected.
Rep. TUCKER asked unanimous consent to recall S. 265 from the Committee on Judiciary.
Rep. T. BROWN objected.
Rep. FLEMING asked unanimous consent to recall H. 4571 from the Committee on Ways and Means.
Rep. T. BROWN objected.
Rep. WELLS asked unanimous consent to recall H. 4593 from the Committee on Labor, Commerce and Industry.
Rep. SCOTT objected.
ACTING SPEAKER CATO granted Rep. CAVE a leave of absence for the remainder of the day.
Rep. LANFORD moved to reconsider the vote whereby H. 3446 was continued and the motion was noted.
ACTING SPEAKER CATO granted Rep. NEILSON a leave of absence for the remainder of the day because of a prior commitment to meet with a group of agency department leaders in Darlington County to form a coordinating council.
Rep. DELLENEY moved that the Committee of Conference on the following Joint Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Reps. VAUGHN, COBB-HUNTER, SCOTT and ROGERS spoke against granting free conference powers.
Rep. BAXLEY spoke upon granting free conference powers.
Reps. D. SMITH, RICHARDSON, WILKINS and HODGES spoke in favor of granting of free conference powers.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Boan Brown, H. Cain Canty Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Hodges Hutson Jaskwhich Jennings Kelley Keyserling Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McAbee McCraw McElveen McKay Meacham Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Tucker Waldrop Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Breeland Brown, T. Cobb-Hunter Hines, J. Hines, M. Howard Lloyd McMahand McTeer Moody-Lawrence Neal Rogers Scott Vaughn Whipper, L. White
So, Free Conference Powers were rejected.
I am in favor of judicial reform and in favor of giving conferees free conference powers.
Rep. DENNY W. NEILSON
Rep. DELLENEY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5 110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Boan Brown, H. Cain Canty Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Hodges Hutson Jaskwhich Jennings Kelley Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McAbee McCraw McElveen McKay Meacham Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Tucker Waldrop Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Breeland Brown, J. Brown, T. Byrd Cobb-Hunter Hines, J. Hines, M. Howard Lloyd McMahand McTeer Moody-Lawrence Rogers Scott Vaughn Whipper, L. White
So, Free Conference Powers were rejected.
I wish to be recorded as being against free conference powers for H. 3961.
Rep. LUCILLE S. WHIPPER
The SPEAKER granted Rep. McELVEEN a leave of absence for the remainder of the day.
The following was received.
Columbia, S.C., May 23, 1996
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 4:15 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. FELDER the invitation was accepted.
Debate was resumed on the Senate amendments to the following Bill, the pending question being the consideration of Senate amendments.
H. 4584 -- Reps. Cooper, H. Brown, Fulmer, Knotts, Young-Brickell, Wofford, Hallman, Quinn, Cato, P. Harris, Harrell and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO MAKE IT UNLAWFUL TO DISTURB OR INTERFERE OR REMOVE MONUMENTS OR MEMORIALS FOR WAR VETERANS AND PROVIDE A PENALTY.
Rep. YOUNG-BRICKELL moved to adjourn debate upon the Senate amendments, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 4372 -- Reps. Lanford, Herdklotz, Bailey and Clyburn: A BILL TO AMEND SECTIONS 49-11-10 AND 49-11-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS AGAINST OVERFLOWING OR KEEPING WATER UPON THE LAND OF ANOTHER PERSON, SO AS TO PROVIDE THAT RELEASING RESERVED WATER MAY NOT INJURE THE PROPERTY OF ANOTHER AND TO AUTHORIZE A CIVIL ACTION FOR INJUNCTIVE RELIEF AND MONETARY DAMAGES FOR VIOLATIONS.
Rep. LANFORD explained the Senate amendments.
Rep. BAXLEY spoke against the Senate amendments, and moved to adjourn debate upon the Senate amendments until Tuesday, May 28, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3845 -- Rep. Cromer: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE JURY LIST FOR EACH COUNTY FROM A TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE, SO AS TO PROVIDE THAT THIS JURY LIST SHALL BE FURNISHED IN 1995 AND EVERY THIRD YEAR THEREAFTER RATHER THAN EACH YEAR, AND TO REVISE THE MONTHS IN WHICH THE LIST IS COMPILED AND FURNISHED.
Reps. TUCKER and LIMBAUGH proposed the following Amendment No. 1A (Doc Name P:\amend\BBM\10886AC.96), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION __. Section 14-7-130 of the 1976 Code, as last amended by Section 256 of Act 181 of 1993, is further amended to read:
"Section 14-7-130. In November of every year, the Department of Revenue and Taxation shall furnish the State Election Commission a computer tape of the name, address, date of birth, social security number, sex, and race of persons who are over the age of eighteen years and citizens of the United States residing in each county who hold a valid South Carolina driver's license or an identification card issued pursuant to Section 57-3-910. In December of every year, the State Election Commission shall furnish a jury list to county jury commissioners consisting of a tape or list derived by merging from the list of registered voters in the county. with county residents appearing on the tape furnished by the department, but only those licensed drivers and identification cardholders who are eligible to register to vote may be included in the list. Prior to furnishing the list, the commission shall make every effort to eliminate duplicate names and names of persons disqualified from registering to vote or voting pursuant to the laws and Constitution of this State. As furnished to the jury commissioners by the State Election Commission, the list or tape constitutes the roll of eligible jurors in the county. Expenses of the Department of Revenue and Taxation and State Election Commission in implementing this section must be borne by these agencies it."/
Renumber sections to conform.
Amend title to conform.
Rep. LIMBAUGH explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
Rep. FELDER moved to adjourn debate upon the Senate amendments to the following Bill until Tuesday, May 28, which was adopted.
H. 4834 -- Reps. Robinson, Herdklotz, Waldrop, Sandifer, Fulmer, Trotter, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-75 SO AS TO PROVIDE FOR THE METHOD OF SIGNING INCOME TAX RETURNS; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE A REFERENCE TO THE BOND REQUIREMENT FOR DEPARTMENTAL OFFICERS AND EMPLOYEES; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE OF 1986 NOT ADOPTED IN THE DETERMINATION OF SOUTH CAROLINA TAXABLE INCOME, SO AS TO DELETE THE EXCLUSION OF PROVISIONS RELATING TO AN INNOCENT SPOUSE; TO AMEND SECTION 12-31-60, RELATING TO PENALTIES PROVIDED UNDER THE INTERNATIONAL FUEL TAX AGREEMENT, SO AS TO MAKE THESE PENALTIES APPLY IN LIEU OF OTHER PENALTIES AND INTEREST OTHERWISE REQUIRED; TO AMEND SECTIONS 12-36-110, AS AMENDED, 12-36-120, AS AMENDED, 12-36-1710, AS AMENDED, 12-36-2110, AS AMENDED, AND 12-36-2120, AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO REVISE THE DEFINITIONS OF "RETAIL SALE" AND "WHOLESALE SALE", CLARIFY A REFERENCE IN AN EXEMPTION UNDER THE CASUAL EXCISE TAX, REQUIRE LEASES TO BE IN WRITING FOR PURPOSES OF OBTAINING THE THREE HUNDRED DOLLARS MAXIMUM SALES TAX ON CERTAIN ITEMS, CLARIFY THE SALES TAX EXEMPTION FOR SUPPLIES REQUIRED BY DIABETICS, AND TO EXEMPT GOODS PROVIDED TO THE FEDERAL GOVERNMENT WHEN CERTAIN CONDITIONS ARE MET; TO AMEND SECTION 12-39-260, RELATING TO THE DUTIES OF THE COUNTY AUDITOR, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO APPROVE OTHER MEANS OF ACCOUNTING FOR AND REPORTING OF REAL ESTATE SALES; TO AMEND SECTION 12-54-35, RELATING TO THE INNOCENT SPOUSE RULE, SO AS TO PROVIDE THOSE INSTANCES WHEN THE RULE DOES NOT APPLY; TO AMEND SECTION 12-54-50, AS AMENDED, RELATING TO THE PENALTY ON A RETURNED CHECK FOR TAXES, SO AS TO EXTEND THE PENALTY TO ELECTRONIC PAYMENTS AND CLARIFY THIS PENALTY AS AN ADDITION TO ALL OTHER PENALTIES; TO AMEND SECTION 12-54-90, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REVOKE LICENSES ISSUED TAXPAYERS FOR VIOLATIONS OR OMISSIONS, SO AS TO PROVIDE NOTICE BY FIRST CLASS RATHER THAN CERTIFIED MAIL; TO AMEND SECTION 12-54-210, AS AMENDED, RELATING TO THE REQUIREMENT TO MAINTAIN RECORDS FOR TAX PURPOSES, SO AS TO EXTEND THE REQUIREMENT TO LICENSES, FEES, AND SURCHARGES AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH MICROFILM RECORDS ARE ADEQUATE; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO CONTRACT WITH PRIVATE PARTIES TO COLLECT TAXES, SO AS TO ALLOW THE NOTICE TO TAXPAYERS TO BE MADE BY FIRST CLASS RATHER THAN CERTIFIED OR REGISTERED MAIL; AND TO REPEAL SECTION 12-6-5040, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REQUIRE COPIES OF FEDERAL TAX RETURNS.
The Senate amendments to the following Bill were taken up for consideration.
H. 4431 -- Reps. Townsend, P. Harris, Huff, H. Brown, Cooper and Stille: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT AND WEIGHTINGS TO ESTABLISH COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO ADD A WEIGHTING FOR PUPILS WITH AUTISM.
Rep. TOWNSEND explained the Senate amendments.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The following Bill was taken up.
S. 378 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 60 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE SHRINERS.
Rep. COOPER explained the Bill.
Rep. SCOTT moved to adjourn debate upon the Bill.
Rep. COOPER moved to table the motion.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Boan Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fleming Gamble Harrell Harris, J. Hutson Jaskwhich Jennings Kelley Keyserling Kinon Knotts Koon Lanford Law Limbaugh Limehouse Loftis Marchbanks Mason McAbee McCraw McKay McTeer Meacham Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Tucker Vaughn Wells Whatley Wilder Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Breeland Brown, J. Byrd Cobb-Hunter Hallman Howard Kirsh Lloyd Moody-Lawrence Scott Walker Whipper, L. Whipper, S.
So, the motion to adjourn debate was tabled.
Rep. SCOTT moved that the House recur to the morning hour, which was rejected.
Rep. SCOTT moved to continue the Bill.
Rep. COOPER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Breeland Howard Kirsh Lloyd Scott Walker Whipper, L.
Those who voted in the negative are:
Allison Anderson Baxley Cain Carnell Cato Chamblee Cooper Cotty Cromer Davenport Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Hutson Jaskwhich Jennings Kelley Keyserling Kinon Knotts Koon Lanford Law Limbaugh Limehouse Loftis Marchbanks Mason McAbee McCraw McKay McTeer Meacham Moody-Lawrence Quinn Rice Richardson Riser Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Trotter Tucker Vaughn Whatley Wilder Wilkins Witherspoon Wofford Wright Young Young-Brickell
So, the House refused to continue the Bill.
The Bill, as amended, was read the third time and ordered returned to the Senate with amendments.
Rep. FELDER moved that the House recur to the morning hour, which was agreed to.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 5025 -- Reps. McAbee, P. Harris and Carnell: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 81 FROM ANDERSON TO INTERSTATE 85 IN HONOR OF OUR DISTINGUISHED FRIEND AND COLLEAGUE, REPRESENTATIVE JOHN W. TUCKER, JR., OF ANDERSON.
Rep. COOPER moved to refer the Resolution to the Anderson Delegation.
Rep. McABEE raised the Point of Order that the motion to refer the Resolution to the Anderson Delegation was out of order as it was a statewide issue and could not be referred to a delegation.
Rep. COOPER stated that the Resolution dealt with a local matter in Anderson County only.
The SPEAKER stated that under the Rules, all such legislation was referred to Invitations and that this was a Committee Report from Invitations and he sustained the Point of Order.
Ordered for consideration tomorrow.
The following was introduced and taken up for immediate consideration:
H. 5067 -- Reps. Govan, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO DECLARE JUNE 1, 1996, AS "STAND FOR CHILDREN DAY" IN SOUTH CAROLINA, TO ENCOURAGE THE CITIZENS OF SOUTH CAROLINA TO PARTICIPATE IN NATIONAL AND LOCAL EVENTS COMMEMORATING THIS DAY AND TO MAKE A PERSONAL COMMITMENT IN THEIR LIVES TO IMPROVE THE QUALITY OF LIFE FOR CHILDREN IN SOUTH CAROLINA, AND TO RECOGNIZE AND COMMEND ABBIEGAIL HUGINE OF JACK & JILL OF ORANGEBURG AND STATE COORDINATOR FOR "STAND FOR CHILDREN" FOR SPEARHEADING THIS EFFORT IN SOUTH CAROLINA.
Whereas, on June 1, 1996, Americans from all backgrounds will come together to take a "Stand For Children" at the Lincoln Memorial in Washington, D.C., and renew our community's and nation's commitment to improving the quality of our children's lives; and
Whereas, on "Stand For Children Day" and beyond, families, citizens, members of religious congregations, schools, community-based organizations, businesses, and political and cultural groups will join together as local and national communities to recognize our children's unmet needs and rededicate ourselves to addressing them; and
Whereas, caring for our children must be our families', communities', and nation's first priority; and
Whereas, this commitment must begin at the local level where children and families live and work and have the potential to thrive, and where all citizens, working together, can make a difference in our children's lives; and
Whereas, the Jack & Jill organization of Orangeburg has spearheaded the "Stand For Children" effort in South Carolina; and
Whereas, the citizens of South Carolina are encouraged to participate in this historical event in our nation's capitol and in our local communities; and
Whereas, each and every citizen of South Carolina is encouraged to take specific positive steps to improve the quality of life for children in South Carolina; and
Whereas, Mrs. Abbiegail Hugine of Jack & Jill of Orangeburg is to be commended for her tireless efforts as State Coordinator of "Stand For Children" and her dedication and commitment to improving the lives of children in South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That, by this resolution, the General Assembly declares June 1, 1996, as "Stand For Children Day" in South Carolina, encourages the citizens of South Carolina to participate in national and local events commemorating this day and to make a personal commitment in their lives to improve the quality of life for children in South Carolina, and recognizes and commends Abbiegail Hugine of Jack & Jill of Orangeburg and State Coordinator for "Stand For Children" for spearheading this effort in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to Abbiegail Hugine of Jack & Jill of Orangeburg.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
S. 944 -- Senators Greg Smith and Rose: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF GEORGETOWN COUNTY.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4818 -- Reps. Harrison, Sheheen, Whatley, Tucker, Spearman, Rice, Herdklotz, Seithel, Young-Brickell, Stuart, Wilkins, Knotts, Klauber, Wofford, Fleming, Chamblee, D. Smith, Sandifer, Cain, Riser, Meacham, Cato, Robinson, H. Brown and Wright: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE DEPARTMENT FOR EVALUATION.
Rep. LIMBAUGH explained the Senate amendments.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
Rep. KIRSH moved to adjourn debate upon the Senate amendments to the following Bill until Tuesday, May 28, which was adopted.
H. 4627 -- Reps. Cato, J. Brown, H. Brown, Boan, Vaughn, Wright, Tripp and Lanford: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 SO AS TO REENACT THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS PREVIOUSLY PROVIDED FOR IN CHAPTER 1 OF TITLE 40; TO AMEND TITLE 40, CHAPTER 1, AS AMENDED, RELATING TO THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS, SO AS TO DELETE ALL PROVISIONS AND TO PROVIDE, AMONG OTHER THINGS, FOR THE POWERS AND DUTIES COMMON TO ALL OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 73, TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION.
The following was received from the Senate.
Columbia, S.C., May 23, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3915:
H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.
Very respectfully,
President
On motion of Rep. FELDER, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. FELDER, FULMER and SEITHEL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The motion period was dispensed with on motion of Rep. FELDER.
Rep. RICE moved to reconsider the vote whereby the House non-concurred in the Senate amendments to the following Bill, which was agreed to by a division vote of 63 to 9.
H. 4818 -- Reps. Harrison, Sheheen, Whatley, Tucker, Spearman, Rice, Herdklotz, Seithel, Young-Brickell, Stuart, Wilkins, Knotts, Klauber, Wofford, Fleming, Chamblee, D. Smith, Sandifer, Cain, Riser, Meacham, Cato, Robinson, H. Brown and Wright: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE DEPARTMENT FOR EVALUATION.
Rep. SCOTT spoke against the Senate amendments.
Rep. LIMBAUGH spoke in favor of the Senate amendments.
The Senate amendments were agreed to by a division vote of 56 to 11, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up.
S. 119 -- Senator Rose: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54 SO AS TO CREATE THE SOUTH CAROLINA DRUG IMPAIRED INFANTS ACT, TO AMEND SECTION 20-7-290, RELATING TO THE RENDERING OF HEALTH SERVICES TO MINORS WITHOUT PARENTAL CONSENT, SO AS TO PROVIDE THAT A PHYSICIAN PROVIDING CARE FOR A NEWBORN CHILD MAY ORDER TESTING FOR ALCOHOL AND OTHER DRUGS WITHOUT THE CONSENT OF PARENTS UNDER CERTAIN CIRCUMSTANCES, TO AMEND SECTION 20-7-510, RELATING TO THE REQUIREMENT THAT CERTAIN PERSONS REPORT INSTANCES OF CHILD ABUSE OR NEGLECT, SO AS TO ADD SUBSECTION (D) TO PROVIDE THE CIRCUMSTANCES UNDER WHICH PERSONS ARE REQUIRED TO REPORT POSITIVE RESULTS OF DRUG OR ALCOHOL TESTING PERFORMED ON A NEWBORN, TO AMEND SECTION 44-7-260, RELATING TO HOSPITALS, ETC. AND REQUIREMENTS FOR LICENSURE, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO FACILITY OR SERVICE THAT PROVIDES DIAGNOSTIC TREATMENT OR REHABILITATIVE SERVICES RELATED TO ALCOHOL OR OTHER DRUGS MAY REFUSE TO PROVIDE THESE SERVICES TO A WOMAN SOLELY BECAUSE THE WOMAN IS PREGNANT, TO AMEND SECTION 44-49-40, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO COORDINATE SERVICES OF THE DEPARTMENT RELATING TO PRENATAL SUBSTANCE ABUSE, TO AMEND SECTION 44-53-140, RELATING TO THE ALCOHOL AND DRUG ABUSE COMMITMENT, SO AS TO PROVIDE THAT EVIDENCE OBTAINED IN THE ADMINISTERING OF HEALTH CARE MAY NOT BE USED AGAINST THE PERSON SEEKING TREATMENT IN ANY PROCEEDING EXCEPT PROCEEDINGS INITIATED BY THE DEPARTMENT OF SOCIAL SERVICES, AND TO AMEND SECTIONS 59-32-20 AND 59-32-30, RELATING TO EDUCATION, SO AS TO PROVIDE FOR THE DEVELOPMENT AND INCLUSION OF APPROPRIATE DRUG EDUCATION CURRICULA CONCERNING THE EFFECTS OF ALCOHOL AND DRUG ABUSE.
The Medical, Military, Public & Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9380AC.96).
Amend the bill, as and if amended, SECTION 8, Section 44-53-140(A), page 9, line 14, by striking /from/ and inserting /by/ so that when amended the subsection reads:
/(A) Whenever When a holder of the privilege shall seek seeks counselling, treatment, or therapy for any a drug problem from a confidant, no statement made by such the holder and no observation or conclusion derived from by such the confidant shall be is admissible against such the holder in any proceeding. The results of any an examination to determine the existence of illegal or prohibited drugs in a holder's body shall are not be admissible in any proceeding against such the holder. The privilege belongs to the holder and if he the holder waives the right to claim the privilege the communication between the holder of the privilege and the confidant shall be is admissible in evidence in any proceeding. There is no privilege if the services of a confidant are sought to enable the holder of the privilege to commit or plan to commit a crime or a tort./
Amend further, SECTION 11, page 10, line 18, by striking /Section 8/ and inserting /Section 7/ so that when amended, the SECTION reads:
/SECTION 11. The South Carolina Commission on Alcohol and Drug Abuse shall ensure that a staff position is designated to carry out the functions required by Section 44-49-40(c)(11) of the 1976 Code as added by Section 7 of this act./
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. BROWN explained the amendment.
Rep. J. BROWN continued speaking.
Rep. J. BROWN moved to adjourn debate upon the Bill until Tuesday, May 28, which was adopted.
The House stood at ease subject to the call of Chair.
At 4:15 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R402) S. 90 -- Senators Wilson, Rose, Giese and Elliott: AN ACT TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON; TO AMEND SECTION 23-11-110, AS AMENDED, RELATING TO QUALIFICATIONS FOR SHERIFFS, SO AS TO REVISE THE PERIOD WHEN A SHERIFF MUST FILE HIS FINGERPRINTS WITH THE STATE LAW ENFORCEMENT DIVISION, AND THE PERIOD WHEN A CANDIDATE FOR THE OFFICE OF SHERIFF SHALL FILE A SWORN AFFIDAVIT WITH THE COUNTY EXECUTIVE COMMITTEE OF ITS POLITICAL PARTY; AND TO PROVIDE A TRANSITIONAL PERIOD FOR THE IMPLEMENTATION OF THE REVISED PERIOD FOR A SHERIFF TO FILE HIS FINGERPRINTS WITH THE STATE LAW ENFORCEMENT DIVISION.
(R403) S. 571 -- Senator Peeler: AN ACT TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO DELETE AN OBSOLETE PROVISION RELATING TO BUSINESS INVENTORIES; AND TO REPEAL SECTIONS 12-21-400, 12-21-410, 12-21-420, 12-21-430, 12-21-640, 12-21-740, 12-21-2719, 12-21-3120, 12-21-3130, 12-37-20, 12-37-50, 12-37-80, 12-37-221, 12-37-225, 12-37-300, 12-37-310, 12-37-320, 12-37-330, 12-37-340, 12-37-350, 12-37-360, 12-37-370, 12-37-380, 12-37-390, 12-37-400, 12-37-410, 12-37-420, 12-37-430, 12-37-440, 12-37-860, 12-37-870, 12-37-910, 12-37-960, 12-37-1150, 12-37-1320, 12-37-1330, 12-37-1410, 12-37-1420, 12-37-1430, 12-37-1620, 12-37-1700, 12-37-1710, 12-37-1720, 12-37-1730, 12-37-1740, 12-37-1910, 12-37-2030, 12-37-2040, 12-37-2050, 12-37-2060, 12-37-2210, 12-37-2220, 12-37-2230, 12-37-2240, 12-37-2250, 12-37-2260, 12-37-2727, 12-39-100, 12-43-10, 12-43-20, 12-43-30, 12-43-40, 12-43-50, 12-43-60, 12-43-220(b), 12-43-235, 12-43-270, 12-49-230, AND CHAPTER 41, TITLE 12 OF THE 1976 CODE, RELATING TO OBSOLETE PROVISIONS OF BUSINESS LICENSE TAX AND PROPERTY TAX LAW.
(R404) S. 739 -- Senators Bryan and Giese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-212 SO AS TO DEFINE FEDERAL LAW ENFORCEMENT OFFICER, TO PERMIT A FEDERAL LAW ENFORCEMENT OFFICER TO ENFORCE THE STATE'S CRIMINAL LAWS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A FEDERAL LAW ENFORCEMENT OFFICER HAS THE SAME POWERS AS A SOUTH CAROLINA LAW ENFORCEMENT OFFICER, IS NOT AN OFFICER, EMPLOYEE, OR AGENT OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY, MAY NOT CONDUCT AN INDEPENDENT INVESTIGATION INTO A VIOLATION OF STATE LAW, AND IS SUBJECT TO THE FEDERAL TORT CLAIMS ACT.
(R405) S. 776 -- Senators Lander, Giese and Matthews: AN ACT TO AMEND SECTION 15-27-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTERPRETERS FOR THE DEAF IN LEGAL PROCEEDINGS, SO AS TO DEFINE "QUALIFIED INTERPRETER" AND "DEAF PERSON", TO FURTHER DEFINE LEGAL PROCEEDINGS, TO INCLUDE DEAF PERSONS WHO ARE WITNESSES, TO FURTHER PROVIDE FOR THE SELECTION OF INTERPRETERS, AND TO REQUIRE INTERPRETATION UNDERSTANDABLE TO THE DEAF PERSON WHEN CONFINEMENT TO AN INSTITUTION IS AN ISSUE.
(R406) S. 926 -- Senators Patterson, Giese, Gregory and Mescher: AN ACT TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO CONFIDENTIALITY OF RECORDS, NAMES, PICTURES, AND FINGERPRINTS OF JUVENILES CHARGED WITH COMMITTING A CRIME, SO AS TO PROVIDE THAT THE NAME, IDENTITY, OR PICTURE OF A CHILD MAY BE MADE PUBLIC BY A NEWSPAPER OR RADIO OR TELEVISION STATION IF THE CHILD IS CONVICTED OF OR ADJUDICATED DELINQUENT FOR A VIOLENT CRIME, GRAND LARCENY OF A MOTOR VEHICLE, A CRIME IN WHICH A WEAPON WAS USED, OR DISTRIBUTION OR TRAFFICKING IN UNLAWFUL DRUGS.
(R407) S. 1064 -- Senator McConnell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-460 SO AS TO AUTHORIZE THE USE OF PAPER BALLOTS IN ELECTIONS CONDUCTED TO FILL VACANCIES.
(R408) S. 1071 -- Senators Leventis, Fair, Thomas, Martin and Hayes: AN ACT TO AMEND SECTION 59-29-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED COURSES IN PHYSICAL EDUCATION IN THE PUBLIC SCHOOLS OF THE STATE, SO AS TO ESTABLISH A PROCEDURE WHEREBY CERTAIN STUDENTS MAY BE EXEMPTED FROM THOSE REQUIREMENTS BY THE LOCAL SCHOOL BOARD OF TRUSTEES.
(R409) S. 1073 -- Senator McGill: AN ACT TO AMEND SECTION 16-13-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THEFT OF ELECTRIC CURRENT, SO AS TO INCREASE THE PENALTY FOR A FIRST OFFENSE AND ADD A PENALTY FOR A SECOND OR SUBSEQUENT OFFENSE.
(R410) S. 1164 -- Judiciary Committee: AN ACT TO AMEND PART I, ARTICLE 2, CHAPTER 2, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-114, SO AS TO PERMIT THE PROBATE COURT UNDER CERTAIN CONDITIONS TO DENY OR LIMIT EITHER OR BOTH PARENT'S SHARE OF THE PROCEEDS OF THE ESTATE OF AN INTESTATE DECEDENT IF THE COURT DETERMINES BY A PREPONDERANCE OF THE EVIDENCE THAT THE PARENT OR PARENTS FAILED TO REASONABLY SUPPORT THE DECEDENT AND DID NOT PROVIDE FOR THE NEEDS OF THE DECEDENT DURING HIS OR HER MINORITY; TO AMEND SECTION 42-9-140, RELATING TO WORKERS' COMPENSATION PAYMENTS WHEN A DECEASED EMPLOYEE LEAVES NO DEPENDENTS, SO AS TO PROVIDE THAT THE COMMISSION MAY DENY OR LIMIT PAYMENTS TO EITHER OR BOTH PARENTS UNDER THE SAME CIRCUMSTANCES REFERRED TO ABOVE; AND TO AMEND SECTION 15-51-40, AS AMENDED, RELATING TO DAMAGES IN WRONGFUL DEATH ACTIONS, SO AS TO PERMIT THE PROBATE COURT TO DENY OR LIMIT EITHER OR BOTH PARENT'S ENTITLEMENT TO A SHARE OF THE PROCEEDS UNDER THE SAME CIRCUMSTANCES REFERRED TO ABOVE.
(R411) S. 1176 -- Senator Hayes: AN ACT TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS BY ADDING CHAPTER 26 SO AS TO ENACT THE "SOUTH CAROLINA CREDIT UNION ACT OF 1996", WHICH PROVIDES FOR THE ORGANIZATION, OPERATION, AND SUPERVISION OF COOPERATIVE NONPROFIT THRIFT AND CREDIT ASSOCIATIONS KNOWN AS CREDIT UNIONS, AND TO PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS; AND TO REPEAL CHAPTER 27 OF TITLE 34 RELATING TO COOPERATIVE CREDIT UNIONS.
(R412) S. 1197 -- Senators Drummond and Land: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-845 SO AS TO REQUIRE NONRESIDENTS OWNING OR OPERATING SHAD NETS IN THE SAVANNAH RIVER TO BE LICENSED AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 50, AS AMENDED, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO REVISE CURRENT LAW TO PROVIDE FOR A UNIFORM SYSTEM OF LICENSING FOR FRESHWATER FISHERIES AND WILDLIFE, TO PROVIDE FOR HUNTER EDUCATION PROGRAMS, AND TO PROVIDE FOR THE DISBURSAL OF REVENUE FROM LICENSES AND PERMITS; TO AMEND SECTION 50-11-2200, AS AMENDED, RELATING TO THE PROHIBITION ON HUNTING DEER ON WILDLIFE MANAGEMENT AREA LANDS, SO AS TO PROVIDE FOR A WILDLIFE MANAGEMENT AREA PROGRAM; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM MARINE RECREATIONAL FISHING STAMP REQUIREMENTS, SO AS TO REVISE THE EXEMPTIONS; AND TO REPEAL SECTION 50-1-150 RELATING TO THE DISPOSITION OF HUNTING AND FISHING FINES, FORFEITURES, AND FEES, SECTION 50-1-170 RELATING TO THE DISPOSITION OF FINES COLLECTED IN BEAUFORT COUNTY FOR VIOLATIONS OF FISH AND GAME LAWS, SECTION 50-1-230 RELATING TO THE USE OF FUNDS COLLECTED IN THE SANTEE COOPER AREA, SECTION 50-11-2240 RELATING TO HUNTING DEER IN GAME MANAGEMENT AREAS IN GAME ZONE FIVE, AND SECTION 50-13-1140 RELATING TO THE AUTHORIZATION TO FISH FOR NONGAME FISH UNDER CERTAIN CIRCUMSTANCES.
(R413) S. 1198 -- Senator Alexander: AN ACT TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, POWERS, AND DUTIES OF COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY TO LIMIT THE SCOPE OF THEIR AUTHORITY.
(R414) S. 1306 -- Senator Giese: AN ACT TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARREST OF AND BAIL FOR PERSONS APPREHENDED BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE FOR AN OFFICIAL SUMMONS TO BE USED BY THE OFFICERS FOR CERTAIN OFFENSES AND REVISE THE PROVISIONS FOR ARREST AND BAIL.
(R415) S. 1315 -- Senators Drummond, Matthews, Waldrep, Washington, Setzler, Cork, Moore, Ryberg, O'Dell and Alexander: AN ACT TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.
(R416) S. 1327 -- Senators Holland, McGill and Giese: AN ACT TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT THE GOVERNOR SHALL NOT REAPPOINT A CURRENT MAGISTRATE WHO FAILED TO MEET THE TRAINING OR CERTIFICATION REQUIREMENTS TO A NEW TERM OR TO FILL A VACANCY IN AN EXISTING TERM.
(R417) S. 1358 -- Senator Thomas: AN ACT TO AMEND SECTION 27-18-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO CHANGE THE ADMINISTRATOR OF THE ACT FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE STATE TREASURER.
(R418) H. 3055 -- Reps. Kirsh, Simrill, Allison, Baxley, Lloyd and S. Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-120 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT TO GRANT CREDIT AS AN ELECTIVE FOR A COURSE IN AMERICAN SIGN LANGUAGE; AND TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH CERTAIN GUIDELINES IN REGARD TO THIS COURSE, AND SHALL ALSO ESTABLISH A TASK FORCE FOR THIS PURPOSE.
(R419) H. 3300 -- Reps. Limehouse, Fleming, Allison, G. Brown, J. Brown, Cain, Chamblee, Cotty, Davenport, Delleney, Easterday, Fair, Felder, Fulmer, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hodges, Huff, Hutson, Kinon, Knotts, Koon, Lanford, Limbaugh, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McTeer, Phillips, Rice, Robinson, Sandifer, Sharpe, Shissias, D. Smith, Stoddard, Tripp, Trotter, Vaughn, Wells, Whatley, Wilder, Wright, A. Young, Cobb-Hunter, Baxley, Kelley, Keyserling, Govan, Inabinett, H. Brown, Witherspoon, Simrill, Keegan, Townsend, Kennedy, Jaskwhich, Stuart, L. Whipper, Stille, Byrd, Meacham, Law, Riser, Dantzler, Richardson, J. Young, Seithel and Bailey: AN ACT TO AMEND ARTICLE 7, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO REVISE THE STATE LAW ENFORCEMENT DIVISION'S REGULATORY AUTHORITY, TO REVISE THE CONDITIONS UPON WHICH A PERSON MUST REGISTER, THE DEFINITION OF AN OFFENDER, A SHERIFF'S DUTY REGARDING REGISTERING AN OFFENDER, TO SUBSTITUTE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES FOR STATE DEPARTMENT OF PROBATION AND PAROLE SERVICES, TO SUBSTITUTE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF MOTOR VEHICLES FOR DEPARTMENT OF MOTOR VEHICLES, TO REVISE THE PENALTIES FOR FAILURE TO REGISTER, TO PROVIDE PENALTIES FOR A PERSON WHO GIVES FALSE INFORMATION WHEN REGISTERING AS AN OFFENDER, TO PROVIDE THAT CERTAIN PERSONS CONVICTED AND RELEASED PRIOR TO JULY 1, 1994, ARE NOT REQUIRED TO REGISTER, AND TO PROVIDE THE CONDITIONS UPON WHICH INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY MUST BE RELEASED TO THE PUBLIC; TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO REVISE THE AGE OF THE PERPETRATOR AND TO ESTABLISH THE OFFENSE OF SEXUAL MISCONDUCT WITH A MINOR.
(R420) H. 3373 -- Reps. Seithel, Trotter, Wilder, Clyburn, Tripp, G. Brown, Hallman, Townsend, Bailey, Rice, Littlejohn, Herdklotz, Meacham, Jaskwhich, Elliott, Allison, Vaughn, Fulmer, McCraw, Whatley, Limehouse, Simrill, Shissias, Easterday, Breeland, L. Whipper, Harrell, Phillips, Haskins, Cato, A. Young, Stoddard, S. Whipper, Neilson, Sandifer, Davenport, Hines, Moody-Lawrence, Dantzler, Fleming, Lloyd, J. Brown, Limbaugh, Cain, Hodges, Boan, McKay, Walker, Beatty, Rhoad, Hutson, Spearman, Thomas, Cave, J. Young, T. Brown, Stille, Martin and Klauber: AN ACT TO AMEND SECTION 47-1-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINES PERTAINING TO CRUELTY TO ANIMALS, SO AS TO REVISE THE METHOD OF DISTRIBUTING FINES COLLECTED PURSUANT TO CRUELTY TO ANIMALS VIOLATIONS.
(R421) H. 3710 -- Reps. Keyserling, Richardson, Seithel, L. Whipper, Whatley and Jaskwhich: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED MANUFACTURING MACHINERY TO MACHINERY USED FOR RECYCLING OVER TWO FISCAL YEARS BEGINNING JULY 1, 1997, AND TO DEFINE "RECYCLING".
(R422) H. 4409 -- Reps. Cotty, Harrison, Sheheen, Huff, Fleming, Hodges, Jennings and Limbaugh: AN ACT TO AMEND SECTION 62-2-804, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROBATE CODE, INTESTATE SUCCESSION AND WILLS, AND THE EFFECT OF A PROVISION FOR SURVIVORSHIP ON SUCCESSION TO JOINT TENANCY, SO AS TO PROVIDE FURTHER FOR THE TYPE OF INSTRUMENT WHICH PRECLUDES THE SEVERANCE OF A JOINT TENANCY UPON THE DEATH OF A JOINT TENANT.
(R423) H. 4425 -- Ways and Means Committee: A JOINT RESOLUTION APPROPRIATING TEN MILLION DOLLARS OF FISCAL YEAR 1994-95 SURPLUS REVENUES FOR THE STATE HOUSE RENOVATION PROJECT AND TO AUTHORIZE UNEXPENDED FUNDS TO BE CARRIED FORWARD AND USED FOR THE SAME PURPOSES.
(R424) H. 4542 -- Reps. Klauber, Herdklotz, Simrill, McCraw, Richardson, Shissias, J. Young and Jaskwhich: AN ACT 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 INCLUDE MUNICIPAL, COUNTY, AND REGIONAL HOUSING AUTHORITIES WITHIN THE DEFINITION OF "CLAIMANT AGENCY".
(R425) H. 4545 -- Reps. Klauber, Simrill, Askins, Chamblee, Mason, R. Smith, Limehouse, Young-Brickell, Koon, Wright, Herdklotz, Sharpe, Knotts, Tripp, Elliott, Fulmer, D. Smith, Gamble, Quinn, Kennedy, Vaughn, Rice, Cato, Bailey, Wofford, Davenport, Whatley, Haskins, Worley, J. Young, Littlejohn, Law, Allison, Riser, Witherspoon, Lanford and Carnell: AN ACT TO AMEND SECTION 58-27-865, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES, RATES AND CHARGES, ESTIMATES OF FUEL COSTS, REPORTS, AND ADJUSTMENT OF DIFFERENCE BETWEEN ACTUAL AND ESTIMATED COSTS, SO AS TO, AMONG OTHER THINGS, DEFINE "FUEL COST" FOR PURPOSES OF THIS SECTION, DELETE CERTAIN LANGUAGE, AND PROVIDE THAT THERE SHALL EXIST A REBUTTABLE PRESUMPTION THAT AN ELECTRICAL UTILITY MADE EVERY REASONABLE EFFORT TO MINIMIZE COST ASSOCIATED WITH THE OPERATION OF ITS NUCLEAR GENERATION FACILITY OR SYSTEM, AS APPLICABLE, IF THE UTILITY ACHIEVED A NET CAPACITY FACTOR OF NINETY-TWO AND ONE-HALF PERCENT OR HIGHER DURING THE PERIOD UNDER REVIEW.
(R426) H. 4546 -- Reps. Klauber, Askins, Mason, Chamblee, R. Smith, Meacham, Wright, Elliott, Koon, D. Smith, Knotts, Herdklotz, Sharpe, Bailey, Gamble, Fulmer, Tripp, Whatley, Law, Kennedy, Vaughn, Rice, Quinn, Cato, Davenport, Wofford, Haskins, Worley, Littlejohn, Riser, J. Young, Young-Brickell, Lanford, Simrill, Witherspoon and Carnell: AN ACT TO AMEND SECTION 58-27-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, THE DISPOSITION OF PROPERTIES, POWERS, FRANCHISES, OR PRIVILEGES, AND THE PERMISSION TO SELL CERTAIN OUT-OF-STATE PROPERTY, SO AS TO DELETE REFERENCES TO OUT-OF-STATE PROPERTY, DELETE THE REQUIREMENT OF A HEARING, MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO "UTILITY PROPERTY", CHANGE FROM "INITIAL PURCHASE VALUE" TO "FAIR MARKET VALUE", AND PROVIDE, AMONG OTHER THINGS, FOR THE DEFINITION OF "UTILITY PROPERTY" FOR PURPOSES OF THIS SECTION.
(R427) H. 4568 -- Reps. Hutson, Mason, Bailey, Cain, S. Whipper, Knotts, Lloyd, Meacham, Fulmer, Whatley, Harrison, Rhoad, Lee, Wofford, Sharpe, Cotty, Quinn, Littlejohn, J. Harris, Riser, Davenport, Simrill, Felder, Wells and Spearman: AN ACT TO AMEND SECTION 44-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT, PURPOSE, AND ADMISSIONS TO SOUTH CAROLINA VETERANS HOMES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA MENTAL HEALTH COMMISSION SHALL CONSULT WITH THE DIVISION OF VETERANS AFFAIRS, OFFICE OF THE GOVERNOR, CONCERNING THE POLICIES, MANAGEMENT, AND OPERATION OF VETERANS HOMES.
(R428) H. 4585 -- Rep. Klauber: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-275 SO AS TO PROVIDE THAT NO INSURANCE POLICY WHICH PROVIDES COVERAGE FOR DRUGS SHALL EXCLUDE COVERAGE OF ANY SUCH DRUG USED FOR THE TREATMENT OF CANCER ON THE GROUNDS THAT THE DRUG HAS NOT BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE TREATMENT OF THE SPECIFIC TYPE OF CANCER FOR WHICH THE DRUG HAS BEEN PRESCRIBED, AND TO PROVIDE FOR RELATED MATTERS.
(R429) H. 4649 -- Reps. Shissias, Neal, Howard, Jennings, Hutson, J. Harris, Walker, Limehouse, White, Wright, Stille, Keyserling, Koon, McElveen, Davenport, Waldrop, McMahand, Gamble, Worley, Thomas, Richardson and Riser: AN ACT TO AMEND TITLE 44, CHAPTER 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCER, TO ENACT THE CENTRAL CANCER REGISTRY ACT, SO AS TO CREATE THE SOUTH CAROLINA CENTRAL CANCER REGISTRY AND TO PROVIDE FOR ITS PURPOSE, REPORTING REQUIREMENTS, AND CONFIDENTIALITY; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE AID TO ANY CANCER PATIENT RATHER THAN TO INDIGENT PATIENTS; AND TO ESTABLISH THE CANCER CONTROL ADVISORY COMMITTEE AND PROVIDE FOR ITS POWERS AND DUTIES.
(R430) H. 4681 -- Rep. Koon: AN ACT TO AMEND SECTION 33-37-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THE PROVISION THAT SUCH CORPORATIONS AND ITS SECURITIES ARE EXEMPT FROM TAXATION, SO AS TO PROVIDE THAT THE CORPORATION IS NOT SUBJECT TO ANY CORPORATION LICENSE TAX OR FEE IMPOSED BY CHAPTER 20 OF TITLE 12; TO AMEND SECTION 33-37-250, AS AMENDED, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THEIR POWERS, SO AS TO PERMIT THE BORROWING OF MONEY FROM "SUCH OTHER LENDING SOURCES WHICH ARE APPROVED BY THE BOARD OF DIRECTORS OF THE CORPORATION"; AND TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS BY MEMBERS, SO AS TO DELETE THE PROVISION THAT SUCH LOANS MUST BEAR INTEREST AT A CERTAIN RATE.
(R431) H. 4694 -- Reps. Harrison, Wofford, Stuart, Hodges, Neal, Cave, Govan, Baxley, Knotts, Meacham, Bailey, Delleney, Shissias, Klauber, Simrill, Thomas, Clyburn, Wright, Fulmer, Jennings, Martin, J. Harris, Kinon, J. Young, Boan, Limbaugh, McCraw, Young-Brickell, T. Brown, Scott, Tucker, White, D. Smith and Phillips: AN ACT TO AMEND SECTION 58-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE COMPANIES AND DEFINITIONS, SO AS TO ADD PROVISIONS DEFINING "BASIC LOCAL EXCHANGE TELEPHONE SERVICE", "CARRIER OF LAST RESORT", "INCUMBENT LOCAL EXCHANGE" OR "INCUMBENT LEC", "LOCAL EXCHANGE CARRIER" OR "LEC", "NEW ENTRANT LOCAL EXCHANGE CARRIER" OR "NEW ENTRANT LEC", "SMALL LOCAL EXCHANGE CARRIER" OR "SMALL LEC", "TELECOMMUNICATIONS SERVICES", AND "UNIVERSAL SERVICE"; TO AMEND SECTION 58-9-280, RELATING TO TELEPHONE COMPANIES AND THE REQUIREMENT THAT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY MUST BE OBTAINED BEFORE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT, AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, THE PUBLIC SERVICE COMMISSION MAY GRANT A CERTIFICATE TO OPERATE AS A TELEPHONE UTILITY TO APPLICANTS PROPOSING TO FURNISH LOCAL TELEPHONE SERVICE IN THE SERVICE TERRITORY OF AN "INCUMBENT LEC", SUBJECT TO THE CONDITIONS AND EXEMPTIONS STATED IN THIS SECTION AND IN APPLICABLE FEDERAL LAW, THAT A LEC SHALL NEGOTIATE THE RATES, TERMS, AND CONDITIONS FOR LOCAL INTERCONNECTION, THAT NOTHING IN CHAPTER 9 OF TITLE 58 SHALL BE INTERPRETED TO LIMIT OR RESTRICT ANY RIGHT THAT ANY LOCAL EXCHANGE CARRIER MAY HAVE UNDER FEDERAL LAW, AND THAT ANY LOCAL EXCHANGE CARRIER, UPON A SHOWING OF CHANGED CIRCUMSTANCES OR THAT IT IS NECESSARY OR APPROPRIATE TO REALIGN RATES WITH THE COSTS OF VARIOUS TELECOMMUNICATIONS COMPONENTS, MAY PETITION THE COMMISSION TO RE-EXAMINE ANY RATES THAT HAVE BEEN CAPPED PURSUANT TO THE PROVISIONS OF CHAPTER 9 OF TITLE 58 AND TO SET NEW PRICE CAPS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 58-9-576, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY LEC MAY ELECT TO HAVE RATES, TERMS, AND CONDITIONS DETERMINED PURSUANT TO THE PLAN DESCRIBED IN SECTION 58-9-576(B), AS LONG AS THE COMMISSION HAS APPROVED A LOCAL INTERCONNECTION AGREEMENT IN WHICH THE LEC IS A PARTICIPANT WITH AN ENTITY DETERMINED BY THE COMMISSION NOT TO BE AFFILIATED WITH THE LEC OR THE COMMISSION DETERMINES THAT ANOTHER PROVIDER'S SERVICE COMPETES WITH THE LEC'S BASIC LOCAL EXCHANGE TELEPHONE SERVICE; AND SECTION 58-9-577, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT, NOTWITHSTANDING SECTIONS 58-9-575 AND 58-9-576, ANY SMALL LEC MAY ELECT TO HAVE THE RATES, TERMS, AND CONDITIONS OF ITS SERVICES DETERMINED PURSUANT TO ALTERNATIVE FORMS OF REGULATION, WHICH MAY DIFFER AMONG COMPANIES AND MAY INCLUDE, BUT NOT BE LIMITED TO, PRICE REGULATION RATHER THAN RATE OF RETURN OR OTHER FORMS OF EARNING REGULATION.
(R432) H. 4737 -- Reps. Chamblee, Lanford, Kirsh, Harrison, Wofford and Trotter: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-425 SO AS TO REQUIRE APPROVAL BY THE STATE BUDGET AND CONTROL BOARD FOR REQUESTS FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES, TO PROVIDE CRITERIA FOR APPROVAL, AND TO ESTABLISH THE INFORMATION TECHNOLOGY ADVISORY COUNCIL TO ASSIST THE BOARD; TO ADD SECTION 59-7-70 SO AS TO REQUIRE THE TRANSFER OF TRANSMISSION AND RECEPTION EQUIPMENT PURCHASED BY SOUTH CAROLINA EDUCATIONAL TELEVISION (SCETV) FOR SCHOOLS TO THE SCHOOL DISTRICTS; TO ADD SECTION 59-7-80 SO AS TO REQUIRE THE SCETV COMMISSION TO DEVELOP CERTAIN REVENUE, INVESTMENT, AND MARKETING PLANS; TO AMEND SECTION 59-7-10, AS AMENDED, RELATING TO THE SCETV COMMISSION, SO AS TO FURTHER DELINEATE CRITERIA FOR MEMBERS; AND TO AMEND SECTION 59-7-20, RELATING TO ADVISORY COMMITTEES OF THE SCETV COMMISSION, SO AS TO REVISE THE ADVISORY COMMITTEE STRUCTURE, TO DIRECT THE SCETV COMMISSION, WITH THE STATE DEPARTMENT OF EDUCATION, TO CONDUCT A STUDY TO EVALUATE THE EFFECTIVENESS OF INSTRUCTIONAL TELEVISION, AND TO PROVIDE THAT THE SCETV COMMISSION IS REAUTHORIZED UNDER SECTION 1-20-60 UNTIL JULY 1, 2003.
(R433) H. 4795 -- Rep. Gamble: AN ACT TO AMEND SECTION 37-10-102, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, SO AS TO PROVIDE THAT THE CREDITOR MUST ASCERTAIN PRIOR TO THE BORROWER'S CLOSING ATTORNEY PREFERENCE AND INSURANCE AGENT PREFERENCE, TO PROVIDE FOR THE MANNER IN WHICH CREDITORS MAY COMPLY WITH THIS PREFERENCE REQUIREMENT, AND TO PERMIT THE CREDITOR TO REQUIRE THE ATTORNEY AND INSURANCE AGENT SO CHOSEN TO COMPLY WITH REASONABLE CLOSING PROCEDURES.
(R434) H. 4850 -- Reps. Loftis and Anderson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 12, 1996, MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE DISTRICT'S SCHOOLS WERE CLOSED DUE TO SNOW AND ICE CONDITIONS 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.
(R435) H. 4865 -- Reps. Law, Cato, Bailey, Wofford, H. Brown, Dantzler, Young-Brickell and Williams: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1095 SO AS TO PROVIDE THAT A PRIVATE INSURER LICENSED TO UNDERWRITE "ESSENTIAL PROPERTY INSURANCE" MAY FILE AND USE CERTAIN RATES FOR THE COVERAGES DETAILED IN SECTION 38-75-310(1) AND THE PROCESS FOR FILING AND HAVING THE RATES APPROVED; BY ADDING SECTION 38-75-386 SO AS TO PROVIDE THAT LIABILITY OR A CAUSE OF ACTION MAY NOT ARISE AGAINST CERTAIN PERSONS FOR CERTAIN STATEMENTS MADE TO OR INFORMATION PROVIDED TO AN INSURER TO FACILITATE THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE OR TO FACILITATE COMPETITION FOR THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE; TO AMEND SECTION 38-75-310, AS AMENDED, RELATING TO PROPERTY, CASUALTY, AND TITLE INSURANCE DEFINITIONS, SO AS TO DEFINE "SEACOAST AREA"; AND TO AMEND SECTIONS 38-73-910 AND 38-73-920, BOTH AS AMENDED, RELATING TO THE NOTICE OF HEARING THAT MUST BE PROVIDED BEFORE GRANTING CERTAIN INSURANCE PREMIUM RATE INCREASES, SO AS TO PROVIDE THAT PRIVATE INSURERS LICENSED TO UNDERWRITE ESSENTIAL PROPERTY INSURANCE MAY FILE AND USE CERTAIN RATES WITHIN THE COASTAL AREA OF THE STATE.
(R436) H. 4910 -- Reps. Sandifer, Cain and Chamblee: AN ACT TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS AND VOTING PLACES IN OCONEE COUNTY, SO AS TO COMBINE THE TOKEENA AND PROVIDENCE PRECINCTS INTO ONE PRECINCT AND PROVIDE FOR ITS VOTING PLACE.
(R437) H. 4976 -- Reps. Rhoad and Cave: AN ACT TO AMEND SECTION 16-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION THAT APPLY TO BUILDINGS ALSO APPLY TO BUILDINGS OF WORSHIP, AND TO AMEND SECTION 16-11-535, RELATING TO MALICIOUS INJURY TO A PLACE OF WORSHIP, SO AS TO REVISE THE PENALTY.
(R438) H. 4979 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan: AN ACT 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 DEPARTMENT OF WILDLIFE AND MARINE RESOURCES AND THE DEPARTMENT OF CORRECTIONS.
At 4:40 P.M. the House resumed, the SPEAKER in the Chair.
The following was received.
Columbia, S.C., May 23, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 921:
S. 921 -- Senators Bryan, Elliott, Reese, Wilson, Gregory, Leatherman and Washington: A BILL TO AMEND SECTION 1-23-120 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO PROVIDE THAT ALL REGULATIONS REQUIRING GENERAL ASSEMBLY REVIEW SHALL EXPIRE FIVE YEARS AFTER THEIR EFFECTIVE DATE, UNLESS SUBSEQUENTLY APPROVED FOR ADDITIONAL PERIODS OF FIVE YEARS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The SPEAKER granted Reps. TOWNSEND, CHAMBLEE, MARCHBANKS and TUCKER a leave of absence for the remainder of the day.
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the acting words and inserting the following:
/SECTION 1. The General Assembly finds that:
(1) for the past two years a temporary budget proviso allowed students in the teacher preparation program who met certain requirements to undertake a fourth attempt to pass the Education Entrance Examination;
(2) when the General Assembly chose to end the authorization for the fourth opportunity to sit for the examination by deleting this budget proviso in the 1995-96 general appropriations act, some students, acting in good faith, were caught in the process of qualifying for the fourth attempt on the exam; and
(3) the General Assembly by this act is desirous of correcting this inequity.
SECTION 2. Notwithstanding any other provision of law, a person required to take and pass the Education Entrance Examination (EEE), pursuant to Section 59-26-20(e) or 59-26-40 of the 1976 Code, who has failed to achieve a passing score on all sections after the number of attempts allowed by law may retake for a fourth time any test section not passed in the manner allowed by this section. The person must complete a remedial or developmental course from a post-secondary institution in the subject area of any test section not passed and must petition the State Superintendent of Education or the chairperson of the State Board of Education for authorization to retake that portion of the test failed. The State Superintendent of Education or the chairperson of the State Board of Education is authorized to grant the petition. The applicant must then pay a cost, not to exceed sixty dollars to be determined by the authorizing authority, for the administration of the fourth examination.
SECTION 3. Notwithstanding any other provision of law, before a student may enter a teacher education program after December 1, 1996, he or she must have passed the Education Entrance Examination (EEE). After December 1, 1996, any person who has failed to achieve a passing score on all sections of the EEE after two attempts may retake for a third time any test section not passed in the manner allowed by this section. The person must first complete a remedial or developmental course from a post-secondary institution in the subject area of any test section not passed and provide satisfactory evidence of completion of this required remedial or developmental course to the State Superintendent of Education. A third administration of the examination may then be given to this person. If the person fails to pass the EEE after the third attempt, he or she after a period of three years may take the EEE or any sections not passed for a fourth time under the same terms and conditions provided by this section for persons desiring to take the EEE for a third time.
SECTION 4. This act takes effect upon approval by the Governor, except that the provisions of Section 2 hereof expire on December 1, 1996./
Amend Title to conform.
/s/Senator Harvey Peeler /s/Rep. Michael Jaskwhich /s/Senator John Matthews /s/Rep. Margaret Gamble /s/Senator Wes Hayes /s/Rep. Willie McMahand for the Senate. for the House.
Rep. JASKWHICH explained the Conference Report.
The Conference Report was adopted by a division vote of 60 to 0 and a message was ordered sent to the Senate accordingly.
Rep. CATO moved to adjourn debate upon the following Bill until Tuesday, May 28, which was adopted.
S. 35 -- Senators Passailaigue and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 1 SO AS TO PROVIDE FOR A PRIVATIZATION POLICY BOARD BY SETTING FORTH DEFINITIONS, MEMBERS, AND DUTIES.
The following Bill was taken up.
S. 1013 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY ANY LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT WHEREBY THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE; TO MAKE IT UNLAWFUL TO RAFFLE, ASK FOR DONATIONS, OR GIVE AWAY TICKETS OR HOLD DRAWINGS TO RECEIVE OR WIN ANY LIVE ANIMAL; AND TO PROVIDE PENALTIES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\6031SD.96), which was tabled.
Amend the bill, as and if amended, in Section 47-1-210 of the 1976 Code, as contained in SECTION 1, by striking subsection (D), which begins on line 1 of page 2, and inserting:
/(D) This section does not apply when a live animal is given away as follows:
(1) by individuals or organizations operating in conjunction with a cooperative extension education program or agricultural vocational program sanctioned by the State Department of Education or local school districts;
(2) by individuals or organizations operating in conjunction with field trials approved by the Department of Natural Resources; or
(3) by kennels that advertise in national publications in regard to dogs that are registered with the United Kennel Club or the American Kennel Club./
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. WITHERSPOON moved to table the amendment, which was agreed to.
Rep. WITHERSPOON moved to continue the Bill and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Breeland Brown, J. Byrd Cato Cooper Dantzler Davenport Delleney Easterday Fleming Harris, J. Howard Hutson Kelley Kinon Kirsh Knotts Koon Law Limbaugh Lloyd Loftis McCraw McKay McTeer Meacham Moody-Lawrence Quinn Robinson Scott Shissias Simrill Smith, R. Spearman Stuart Trotter Vaughn Waldrop Walker Wells White Wilder Witherspoon Wofford Wright
Those who voted in the negative are:
Cain Canty Cobb-Hunter Cotty Cromer Gamble Hallman Harrell Harvin Hodges Jennings Rice Riser Sandifer Stille Whatley Whipper, S.
So, the Bill was continued.
The following Bill was taken up.
S. 1100 -- Senators Leventis, Giese, Russell, Reese and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-5-40 SO AS TO DESIGNATE THE SECRETARY OF STATE TO MONITOR ALL ELECTED OR APPOINTED STATE BOARDS, COMMISSIONS, AND JUDICIAL OFFICES IN ORDER TO ASCERTAIN WHEN VACANCIES OCCUR AND PUBLICIZE THESE VACANCIES AND POSITIONS ON THESE BODIES WHOSE TERMS EXPIRE.
Rep. SIMRILL moved to adjourn debate upon the Bill until Tuesday, May 28.
Rep. JENNINGS moved to table the motion, which was agreed to.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2532DW.96).
Amend the bill, as and if amended, page 4, SECTION 1, Section 1-5-40, by adding subsection (D):
/(D) The Secretary may publicize vacancies through newspaper advertisements or legal notices only if no cost to the state is incurred."/
Amend the bill further, by adding the following appropriately numbered SECTION:
/SECTION ____. Implementation of Section 1-5-40 of the 1976 Code added by this act and its requirements are contingent upon annual appropriations of adequate funding./
Renumber sections to conform.
Amend title to conform.
Rep. LIMBAUGH explained the amendment.
Rep. KIRSH moved to continue the Bill, which was agreed to.
The following Bill was taken up.
S. 95 -- Senators McConnell, Courson, Rose, Gregory and O'Dell: A BILL TO AMEND SECTION 24-13-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENDED WORK RELEASE PROGRAM, SO AS TO PROVIDE THAT NO PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 MAY PARTICIPATE IN THIS PROGRAM; AND TO REPEAL SECTION 24-13-650 WHICH PROHIBITS A PERSON CONVICTED OF A VIOLENT CRIME FROM BEING RELEASED BACK INTO THE COMMUNITY IN WHICH HE COMMITTED THE OFFENSE UNDER THE WORK RELEASE PROGRAM.
Reps. LIMBAUGH and FLEMING proposed the following Amendment No. 3 (Doc Name P:\amend\PFM\9423AC.96) which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 16-11-330 of the 1976 Code, as amended by Act 7 of 1995, is further amended to read:
"Section 16-11-330. (A) A person convicted for the crime of who commits robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commissino of the robbery reasonably believed to be a deadly weapon, is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum term of not less than ten years nor or more than thirty years, no part of which may be suspended or probation granted. A person convicted under the provisions of this subsection is not eligible for parole until he the person has served at least seven years of his the sentence.
(1) A person under the age of twenty-one sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act) convicted of armed robbery shall receive and serve a minimum sentence of at least three years, no part of which may be suspended. The person is not eligible for parole or probation until he has served a three-year minimum sentence.
(2) A person between the ages of twenty-one and twenty-five, who is convicted of armed robbery, may not be sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act).
(B) A person convicted for who commits attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commissino of the robbery reasonably believed to be a deadly weapon, is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years."
SECTION __. Section 20-7-2170(E) of the 1976 Code, as amended by Act 83 of 1995, is further amended to read:
"(E) A juvenile committed to the Department of Juvenile Justice following an adjudication for a violent offense contained in Section 16-1-60 or for the offense of assault and battery of a high and aggravated nature, who has not been paroled or released from the custody of the department by his seventeenth birthday, must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections. A juvenile who has not been paroled or released from the custody of the department by his nineteenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections at age nineteen. If not released sooner by the Department of Corrections Board of Juvenile Parole, a transferred juvenile transferred pursuant to this subsection must be released by his twenty-first birthday according to the provisions of his commitment.
(F) Notwithstanding the above provision, A juvenile committed as an adult offender by order of the Court of General Sessions shall must be considered for parole or other release according to the laws pertaining to release of adult offenders."
SECTION __. Section 20-7-2195 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"Section 20-7-2195. (A) The Department of Juvenile Justice, when authorized by an order of any a circuit judge, shall, after notice to the Department of Corrections, temporarily shall transfer temporarily to the custody of the Youthful Offender Division any a child who has been committed to the custody of the department who is more than seventeen years of age and whose presence in such the custody of the Department of Juvenile Justice appears to be seriously detrimental to the welfare of others in such custody. The director of the Department of Corrections shall receive such these children as may be transferred thereto as herein provided and properly care for them. Each child thus transferred to the Youthful Offender Division shall be held therein there, is subject to all the rules and discipline of the division. Children transferred to the Youthful Offender Division pursuant to this section shall are under the authority of the division and but are subject to release according to the division's policies and procedures by the Board of Juvenile Parole.
(B) The Youthful Offender Division shall at least quarterly shall make recommendations to the parole board concerning possible release of each child so transferred to the department or his the child's return to institutions of the Department of Juvenile Justice."
SECTION __. Section 24-19-10(d) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"(d) )'Youthful offender' means an offender who is:
(i) 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 for allegedly committing an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, 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 less than fifteen years or more, or
(ii) who is seventeen but less than twenty-five years of age at the time of conviction for an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class E or F felony or a felony which provides for a maximum term of imprisonment of fifteen years or less."
SECTION __. Section 24-19-50 of the 1976 Code is amended to read:
"Section 24-19-50. In the event of a conviction of a youthful offender the court may:
(a)(1) suspend the sentence and place the youthful offender on probation.;
(b)(2) release the youthful offender to the custody of the division prior to before sentencing for an observation and evaluation period of not more than sixty days. The observation and evaluation will must be conducted by the Reception and Evaluation Center operating under joint agreement between the Department of Vocational Rehabilitation and the Department of Corrections and the findings, along with and recommendations for sentencing, shall must be returned with the youthful offender to the court for sentencing.;
(c)(3) if the offender is under the age of twenty-one, without his consent, sentence the youthful offender indefinitely to the custody of the department for treatment and supervision pursuant to this chapter until discharged by the division, the period of such custody not to be in excess of exceed six years. If the offender is twenty-one years of age but less than twenty-five years of age, he may be sentenced in accordance with the above procedure this item if he consents thereto in writing. No youthful offender shall be sentenced more than twice under the provisions of this chapter.;
(d)(4)if the court shall find finds that the youthful offender will not derive benefit from treatment, then the court may sentence the youthful offender under any other applicable penalty provision. The youthful offender shall must be placed in the custody of the department.;
(5) not sentence a youthful offender more than once under this chapter."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMBAUGH explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 3 was out of order as it was not germane.
Rep. LIMBAUGH argued contra the Point in stating that the Bill dealt with extended work release involving the Department of Corrections and the amendment changed the eligibility for youth offender sentencing.
Rep. SCOTT continued to argue contra the Point in stating that the amendment was different from the Bill in terms of criteria for those who are considered to be youthful offenders.
The SPEAKER stated that since Amendment No. 2 had been adopted and adding all of the statutes in Amendment No. 3, then it was germane and he overruled the Point of Order.
The amendment was then adopted.
Rep. LIMBAUGH proposed the following Amendment No. 4 (Doc Name P:\amend\PFM\9438DW.96), which was ruled out of order.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Article 7, Chapter 3, Title 23 of the 1976 Code, as added by Act 497 of 1994, is amended to read:
Section 23-3-400. The intent of this article is to promote the state's fundamental right to provide for public health, welfare, and safety of its citizens. Notwithstanding this legitimate state purpose, these provisions are not intended to violate the guaranteed constitutional rights of those who have violated our nation's laws.
The sex offender registry will provide law enforcement with the tools needed in investigating criminal offenses. Statistics show that sex offenders often pose a high risk of re-offending. Additionally, law enforcement's efforts to protect communities, conduct investigations, and apprehend offenders who commit sex offenses, are impaired by the lack of information about these convicted offenders who live within the law enforcement agency's jurisdiction.
Section 23-3-410. The registry is under the direction of the chief of the State Law Enforcement Division (SLED) and may be organized and structured in a manner as shall contain information the chief considers appropriate to ensure the availability of information regarding necessary to assist law enforcement in the location of persons convicted of certain offenses. SLED shall develop and operate the registry to collect, analyze, and maintain information, to make information available to every enforcement agency in this State and in other states, and to establish a security system to ensure that only authorized personnel persons may gain access to information gathered under this article.
Section 23-3-420. The State Law Enforcement Division shall promulgate regulations prescribing:
(1) procedures for accepting and disseminating information maintained;
(2) the confidentiality of the data and information maintained in the registry;
(3) the proper disposition of all obsolete data;
(4) forms necessary for the efficient and proper operation of the registry to implement the provisions of this article.
Section 23-3-430. (A) Any person, regardless of age, residing in the State of South Carolina who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in this State, of an offense described below or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in any comparable court in the United States, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in the United States federal courts, of the offenses described below or of a similar offenses in other jurisdictions offense, or who has been convicted of, adjudicated delinquent of, pled guilty or nolo contendere to an offense for which the person was required to register in the state where the conviction or plea occurred shall be required to register pursuant to the provisions of this Article article.
(B) For purposes of this article, a person who remains in this State for a total of thirty days during a twelve-month period is a resident of this State.
(C) For purposes of this article, a person convicted of any of these the following offenses shall be referred to as an offender.:
(1) criminal sexual conduct in the first degree (Section 16-3-652);
(2) criminal sexual conduct in the second degree (Section 16-3-653);
(3) criminal sexual conduct in the third degree (Section 16-3-654);
(4) criminal sexual conduct with minors, first degree (Section 16-3-655(1));
(5) criminal sexual conduct with minors, second degree. If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(3), or consensual sexual conduct between persons under the age of sixteen, the convicted person is not an offender and is not required to register pursuant to the provisions of this article;
(5)(6) engaging a child for sexual performance (Section 16-3-810);
(6)(7) producing, directing, or promoting sexual performance by a child (Section 16-3-820);
(7)(8) criminal sexual conduct: assaults with intent to commit (Section 16-3-656);
(8)(9) kidnapping (Section 16-3-910);
(9)(10) incest (Section 16-15-20);
(10)(11) buggery (Section 16-15-120);
(11) indecent exposure (Section 16-15-130);
(12) committing or attempting lewd act upon child under fourteen (Section 16-15-140);
(13) eavesdropping or peeping (Section 16-17-470);
(14) conspiracy to kidnap (Section 16-3-920);
(15)14 violations of Article 3, Chapter 15 of Title 16 involving a minor which violations are felonies.
(15) A person, regardless of age, who has been convicted, pled guilty or nolo contendere in this State, or who has been convicted, pled guilty or nolo contendere in a comparable court in the United States, or who has been convicted, pled guilty or nolo contendere in the United States federal courts of indecent exposure or of a similar offense in other jurisdictions is required to register pursuant to the provisions of this article if the court makes a specific finding on the record that based on the circumstances of the case the convicted person should register as a sex offender.
(D) Upon conviction, adjudication of delinquency, guilty plea or plea of nolo contendere of a person of an offense not listed in this article, the presiding judge may order as a condition of sentencing that the person be included in the sex offender registry if good cause is shown by the solicitor.
Section 23-3-440. (1) Prior to an offender's release from the Department of Corrections after completion of the term of imprisonment, or being placed on parole, the Department of Corrections or the Department of Probation, Parole, and Pardon Services, as applicable, shall notify the sheriff of the county where the offender intends to reside and SLED that the offender is being released and has provided an address within the jurisdiction of the sheriff for that county. The Department of Corrections shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside within twenty-four hours of his release. Further, the Department of Corrections shall obtain descriptive information of the offender, including a current photograph prior to release.
(2) The Department of Probation, Parole, and Pardon Services shall notify SLED and the sheriff of the county where an offender is residing when the offender is sentenced to probation or is a new resident of the State who must be supervised by the department. The Department of Probation, Parole, and Pardon Services also shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside. An offender who is sentenced to probation must register within ten days of sentencing. Further, the Department of Probation, Parole, and Pardon Services shall obtain descriptive information of the offender, including a current photograph that is to be updated annually prior to expiration of the probation sentence.
(3) The Department of Juvenile Justice shall notify SLED and the sheriff of the county where an offender is residing when the offender is released from a Department of Juvenile Justice facility or when the Department of Juvenile Justice is required to supervise the actions of the juvenile. The Department of Juvenile Justice must provide verbal and written notification to the juvenile and his parent, legal guardian, or custodian that the juvenile must register with the sheriff of the county in which the juvenile resides. The juvenile must register within twenty-four hours of his release or within ten days if he was not confined to a Department of Juvenile Justice's facility.
(4) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, and the Department of Juvenile Justice shall provide to SLED the initial registry information regarding the offender prior to his release from imprisonment or relief of supervision. This information shall be collected in the event the offender fails to register with his county sheriff.
Section 23-3-450. The offender shall register with the sheriff of the county in which he resides. To register, the offender must provide information as prescribed by the SLED. The county sheriff shall then forward to SLED the registry information and any updated information regarding the offender. A copy of this information must be kept by the sheriff's department. The county sheriff shall ensure that all information required by SLED is secured and shall establish specific times of the day during which an offender may register. An offender shall not be considered to have registered until all information prescribed by SLED has been obtained.
Section 23-3-460. Any person required to register under this article shall be required to register annually for a period of life. The offender shall register at the sheriff's department in the county where he resides.
If any person required to register under this article changes his address within the same county, that person must send written notice of the change of address to the county sheriff within ten days of establishing the new residence.
If any person required to register under this article changes his address into another county in South Carolina, the person must register with the county sheriff in the new county within ten days of establishing the new residence. The person must also provide written notice within ten days of the change of address in the previous county to the county sheriff with whom the person last registered.
If any person required to register under this article moves outside of South Carolina, the person must provide written notice within ten days of the change of address to a new state to the county sheriff with whom the person last registered.
If any Any person required to register under this article who moves to South Carolina from another state and is not under the jurisdiction of the State Department of Corrections, the State Department of Probation, and Parole, and Pardon Services, or the Department of Juvenile Justice at the time of moving to South Carolina, must register within sixty days of establishing residence, or re-establishing residence, if the person is a former South Carolina resident in this State.
The South Carolina Department of Motor Vehicles Public Safety, Division of Motor Vehicles, shall inform, in writing to, any new resident who applies for a drivers driver's license, a chauffeur's license, vehicle tag, or a state identification card of the obligation of those offenders to register.
Section 23-3-470. (A) It is the duty of the offender to contact the sheriff in order to register. The failure of If an offender fails to register as required by this article, is a felony and, upon conviction, the offender he must be: punished as provided in subsection (B).
(1) fined one thousand dollars and sentenced to a mandatory ninety days in jail for a first or second offense. In no event does the court have the power to absolve a person who willfully violates this section; and
(2) sentenced to a mandatory one year not to exceed five years imprisonment and may be fined one thousand dollars for a third or subsequent offense. In no event does the court have the power to absolve a person who willfully violates this section from the obligation of serving at least one year of imprisonment.
(B)(1) A person convicted for a first offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of ninety days, no part of which shall be suspended nor probation granted.
(2) A person convicted for a second offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of one year, no part of which shall be suspended nor probation granted.
(3) A person convicted for a third or subsequent offense is guilty of a felony and must be imprisoned for a mandatory period of five years, three years of which shall not be suspended nor probation granted.
Section 23-3-475. (A) Anyone who knowingly and wilfully gives false information when registering as an offender pursuant to this article must be punished as provided in subsection (B).
(B)(1) A person convicted for a first offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of ninety days, no part of which shall be suspended nor probation granted.
(2) A person convicted for a second offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of one year, no part of which shall be suspended nor probation granted.
(3) A person convicted for a third or subsequent offense is guilty of a felony and must be imprisoned for a mandatory period of five years, three years of which shall not be suspended nor probation granted.
Section 23-3-480. (A) An arrest on charges of failure to register, service of an information, or a complaint for failure to register, or arraignment on charges of failure to register, constitutes actual notice of the duty to register. A person charged with the crime of failure to register who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice through arrest, service, or arraignment. Failure to register after notice as required by this article constitutes grounds for filing another charge of failure to register. Registering following arrest, service, or arraignment on charges does not relieve the offender from the criminal penalty for failure to register before the filing of the original charge.
(B) Section 23-3-470 shall not apply to a person convicted of an offense provided in Section 23-3-420 prior to July 1, 1994, and who was released from custody prior to July 1, 1994, unless the person has been served notice of the duty to register by the sheriff of the county in which the person resides. This person shall register within ten days of the notification of the duty to register.
Section 23-3-490. (A) Information collected for the offender registry is shall not be open to public inspection, upon request to the county sheriff by the public. A sheriff must release information regarding a specific person who is required to register under this article to a member of the public if the request is made in writing, stating the name of the person requesting the information, and the name or address of the person about whom the information is sought. The information must be disclosed only to the person making the request. The sheriff must provide the person making the request with the full name of the offender, any aliases, the date of birth, a current home address, the offense for which the offender was required to register pursuant to Section 23-3-430, and the date, city, and state of conviction. A photocopy of a current photograph must also be provided. The provisions of this article do not authorize SLED to release information to the public unless a request is made in writing stating the name of the person making the request and the name of the person about whom information is sought. SLED is only authorized to release to the public the name of the county in which the offender is registered. Otherwise, SLED is not authorized to release any information contained in the registry to anyone other than shall be made available only to law enforcement agencies, investigative agencies, and those agencies authorized by the court.
(B) Nothing in subsection (A) prohibits a sheriff from disseminating information contained in that subsection regarding a specific person who is required to register under this article if the sheriff or another law enforcement officer is presented with facts giving rise to a reasonable suspicion of criminal activity and has reason to believe the release of this information will deter the criminal activity.
(C) For purposes of this article, information on a juvenile adjudicated delinquent in family court for an offense listed in Section 23-3-430 must not be made available to the public."
SECTION_______. If any provision of this act or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and to this end the provisions of this act are severable./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMBAUGH explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 4 was out of order as it was not germane.
Rep. FLEMING argued contra the Point in stating that it dealt with crime and past rulings had been very liberal in that if the substantial effect dealt with crime, then it was germane.
The SPEAKER stated that the major thrust of the amendment was not germane and he sustained the Point of Order and ruled the amendment out of order.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Boan Breeland Brown, H. Cain Cato Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fleming Gamble Hallman Harrell Harvin Hodges Hutson Kelley Keyserling Kinon Kirsh Knotts Koon Lanford Law Limbaugh Lloyd Loftis McCraw McKay Meacham Moody-Lawrence Neal Quinn Rhoad Rice Richardson Riser Rogers Sandifer Scott Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1263 -- Senators Leventis, McGill, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas: A BILL TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ANIMAL, SO AS TO REDEFINE THE TERM ANIMAL AND DEFINE THE WORDS SUSTENANCE AND SHELTER; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO THE ILL-TREATMENT OF AN ANIMAL SO AS TO ALLOW FOR DISPOSITION OF A PERSON'S CASE, WHO HAS ALLEGEDLY DISOBEYED THIS SECTION, TO BE HEARD IN EITHER MAGISTRATE'S OR MUNICIPAL COURT AND TO MAKE THIS CODE SECTION APPLICABLE TO FOWL; TO AMEND SECTION 47-1-50, AS AMENDED, RELATING TO PENALTIES FOR THE MISUSE AND ABANDONMENT OF AN ANIMAL SO AS TO DELETE THE PROVISION THAT A PERSON MAY NOT KNOWINGLY OR WILFULLY AUTHORIZE OR PERMIT AN ANIMAL TO BE SUBJECTED TO UNNECESSARY TORTURE, SUFFERING, OR CRUELTY; TO AMEND SECTION 47-1-70, AS AMENDED, RELATING TO THE ABANDONMENT OF AN ANIMAL AND THE DEFINITION OF THE TERM NECESSITIES OF LIFE SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL MUST BE GIVEN A SUPPLY OF CLEAN, FRESH, AND POTABLE WATER AT LEAST ONCE DAILY; TO AMEND SECTION 47-1-90, RELATING TO THE TRANSPORTATION OF AN ANIMAL IN RAILROAD CARS SO AS TO REQUIRE ANY COMPANY CARRYING OR TRANSPORTING AN ANIMAL NOT TO OVERLOAD THE VEHICLE CARRYING THE ANIMAL AND TO PROVIDE THAT AN ANIMAL MUST NOT BE CONFINED IN A VEHICLE FOR A PERIOD LONGER THAN TWENTY-FOUR CONSECUTIVE HOURS UNLESS CIRCUMSTANCES STATED IN THIS SECTION ALLOW; TO AMEND SECTION 47-1-100, RELATING TO THE CARE OF AN ANIMAL UNLOADED DURING TRANSIT SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 47-1-120, RELATING TO THE CUSTODY OF AN ANIMAL WHEN ITS KEEPER IS ARRESTED, SO AS TO MAKE THIS SECTION INAPPLICABLE TO PERSONS WHO ARE ARRESTED FOR VIOLATING TITLE 47, CHAPTER 1; TO AMEND SECTION 47-1-140, RELATING TO THE CARE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL TAKEN AFTER ITS CUSTODIAN'S ARREST BE CARED AND PROVIDED PROPERLY FOR BY THE PERSON MAKING THE ARREST UNTIL THE OWNER TAKES CUSTODY OF THE ANIMAL AND TO ALLOW AN ANIMAL TO BE SEIZED PRECEDING AN ARREST PURSUANT TO SECTION 47-1-150; TO AMEND SECTION 47-1-150, RELATING TO ANIMAL CRUELTY LAWS, SO AS TO ALLOW AN ANIMAL TO BE HELD BY THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OTHER SOCIETY INVOLVED IN THE SEIZURE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST PENDING CRIMINAL DISPOSITION OF THE CASE AT A FACILITY MAINTAINED OR CONTRACTED BY THAT AGENCY; TO AMEND SECTION 47-1-170, RELATING TO PENALTIES, FINES, AND LIENS ASSESSED UPON AN ANIMAL CRUELLY USED SO AS TO REQUIRE THE CONVICTED OWNER OR PERSON HAVING CUSTODY OF A CRUELLY USED ANIMAL TO FORFEIT OWNERSHIP OF THE ANIMAL AND BE RESPONSIBLE FOR COSTS INCURRED AS ORDERED BY THE SENTENCING COURT; AND TO REPEAL SECTION 47-1-30, RELATING TO WILFUL ABUSE OF HORSES OR OTHER "BEASTS OF BURDEN".
Rep. SHARPE moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.
The following Joint Resolution was taken up.
S. 1213 -- Senator Holland: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE II, SECTION 4 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENT THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.
Rep. CROMER explained the Joint Resolution.
Rep. CROMER moved to adjourn debate upon the Joint Resolution until Tuesday, May 28, which was adopted.
Rep. CROMER moved to adjourn debate upon the following Bill until Tuesday, May 28, which was adopted.
S. 1216 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 5, TITLE 7, SO AS TO ENACT PROVISIONS FOR MULTIPLE SITE VOTER REGISTRATION AND RESPONSIBILITIES OF THE SOUTH CAROLINA STATE ELECTION COMMISSION IN IMPLEMENTING THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO, AMONG OTHER THINGS, REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN A COMPLETE MASTER FILE, RATHER THAN A ROSTER, OF ALL QUALIFIED ELECTORS, REQUIRE HIM TO DELETE THE NAME OF ANY ELECTOR WHO REQUESTS IN WRITING THAT HIS NAME BE REMOVED, AND DELETE CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 7-3-30, RELATING TO NOTICE OF DELETION OF ELECTOR'S NAME FROM ROSTER OF ELECTORS, APPEAL BY ELECTOR, AND RESTORATION OF NAME, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A MASTER FILE, RATHER THAN A ROSTER, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, THE APPEAL MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT IF THE POSTMARK DATE IS MISSING OR ILLEGIBLE, THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE ANY ELECTION, AND REQUIRE COUNTY BOARDS OF VOTER REGISTRATION TO DISTRIBUTE APPLICATION FORMS TO CITY HALLS AND PUBLIC LIBRARIES; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS MAY VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440, AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE, AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-810, RELATING TO THE POWERS OF THE MANAGERS OF ELECTIONS, SO AS TO ADD A PROVISION WHICH WOULD AUTHORIZE ANY CANDIDATE TO PROTEST AN ELECTION IN WHICH HE IS A CANDIDATE PURSUANT TO THE PROVISIONS OF SECTION 7-17-30, WHEN THE PROTEST IS BASED IN WHOLE OR IN PART ON EVIDENCE DISCOVERED AFTER THE ELECTION, AND PROVIDE WHAT THIS EVIDENCE MAY INCLUDE; AND TO AMEND SECTION 7-25-180, RELATING TO THE DISTRIBUTION OF CAMPAIGN LITERATURE ON ELECTION DAY WITHIN TWO HUNDRED FEET OF A BUILDING WHERE A POLLING PLACE IS LOCATED, SO AS TO PROVIDE THAT THE CANDIDATE MAY WEAR A LABEL IDENTIFYING HIMSELF AS A CANDIDATE AND THE OFFICE HE IS SEEKING AND PROVIDE CONDITIONS ON THE WEARING OF THE LABEL.
The following Bill was taken up.
S. 72 -- Senators McConnell and Hayes: 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 A HUSBAND AND WIFE LIVING SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR MEANS A VOLUNTARY OR INVOLUNTARY SEPARATION.
Rep. SIMRILL moved to continue the Bill, which was not agreed to by a division vote of 21 to 31.
Rep. CROMER moved to adjourn debate upon the Bill until Tuesday, May 28, which was adopted.
Rep. COBB-HUNTER moved to adjourn debate upon the following Joint Resolution until Tuesday, May 28, which was adopted.
S. 73 -- Senators McConnell and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT THE GROUND OF CONTINUOUS SEPARATION FOR A PERIOD OF ONE YEAR MAY BE A VOLUNTARY OR INVOLUNTARY SEPARATION.
The following Bill was taken up.
S. 1123 -- Senator Reese: A BILL TO AMEND SECTION 23-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF RIFLES OR SHOTGUNS, SO AS TO ALLOW RESIDENTS OF ANY STATE RATHER THAN ONLY RESIDENTS OF CONTIGUOUS STATES TO PURCHASE RIFLES AND SHOTGUNS IN THIS STATE.
Rep. KNOTTS proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9439AC.96), which was ruled out of order.
Amend the Committee on Judiciary Report, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Chapter 31, Title 23 of the 1976 Code is amended by adding:
Section 23-31-205. This article may be cited as the 'Law Abiding Citizens Self-Defense Act of 1995'.
Section 23-31-210. As used in this article:
(1) 'Resident' means an individual who is a resident of South Carolina for at least one hundred eighty days preceding the date on which an application to carry a weapon is submitted under this section, or military personnel on permanent change of station orders.
(2) 'Picture identification' means:
(a) a valid South Carolina driver's license; or
(b) an official photographic identification card issued by the Department of Revenue and Taxation, a federal or state law enforcement agency, an agency of the United States Department of Defense, or United States Department of State.
(3) 'Proof of residence' means a person's current address on the original or certified copy of:
(a) a valid South Carolina driver's license;
(b) an official identification card issued by the Department of Revenue and Taxation, a federal or state law enforcement agency, an agency of the United States Department of Defense, or United States Department of State;
(c) a voter registration card; or
(d) another document that SLED may determine that fulfills this requirement.
(4) 'Proof of training' means an original document or certified copy of the document supplied by an applicant that certifies that he is either:
(a) a person who, within three years before filing an application, has completed a basic or advanced handgun education course offered by a state, county, or municipal law enforcement agency or a nationally recognized organization that promotes gun safety;
(b) an instructor certified by the National Rifle Association or another competent national organization that promotes the safe use of handguns;
(c) a person who can demonstrate to the Director of SLED or his designee that he has a proficiency in both the use of handguns and state laws pertaining to handguns;
(d) an active duty police handgun instructor;
(e) a person who has a competitive shooting classification; or
(f) a member of the active or reserve military, or a member of the National Guard.
(5) 'Concealable weapon' means a weapon having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense.
Section 23-31-215. (A) Notwithstanding another provision of law, a permit to carry a concealable weapon must be issued by SLED to a resident who is at least twenty-one years of age and who is not prohibited by state law from possessing the weapon upon submission of:
(1) a completed application signed by the person;
(2) three current one inch by one inch full face color photographs of the person;
(3) proof of residence;
(4) proof of training;
(5) payment of a fifty dollar application fee. This fee must be waived for disabled veterans; and
(6) complete set of fingerprints. Law enforcement shall assist the individual at no cost.
(B) SLED shall issue a written statement to an unqualified applicant specifying its reasons for denying the application within thirty days from the date the application was received, otherwise SLED shall issue a concealable weapon permit. If an applicant is unable to comply with the provisions of Section 23-31-215(A)(4), SLED shall offer the applicant a handgun training course that satisfies this requirement. The course shall cost fifty dollars. SLED shall use the proceeds to defray the training course's operating costs.
(C) Denial of an application may be appealed. The appeal must be in writing and state the basis for the appeal. The appeal must be submitted to the Chief of SLED within thirty days from the date the denial notice is received. The chief shall issue a written decision within ten days from the date the appeal is received. An adverse decision shall specify the reasons for upholding the denial and may be reviewed by the Administrative Law Judge Division pursuant to Article 5, Chapter 23 of Title 1 upon a petition filed by an applicant within thirty days from the date of delivery of the division's decision.
(D) SLED shall make permit applications available to the public. A permit application form shall require an applicant to supply:
(1) name, including maiden name if applicable;
(2) date and place of birth;
(3) sex;
(4) race;
(5) height;
(6) weight;
(7) eye and hair color;
(8) current residence address; and
(9) all residence addresses for the three years preceding the application date.
(E) The permit application form shall require the applicant to certify that:
(1) he is not a person prohibited under state law from possessing a weapon;
(2) he understands the permit is revoked and must be surrendered immediately to SLED if the permit holder becomes a person prohibited under state law from possessing a weapon; and
(3) all information contained in his application is true and correct to the best of his knowledge.
(F) Medical personnel, law enforcement agencies and their personnel, who in good faith provide information regarding a person's application, must be exempt from liability that may arise from issuance of a permit.
(G) A permit application must be submitted in person or by mail to SLED headquarters which shall verify the legibility and accuracy of the required documents.
(H) SLED shall maintain a list of all permit holders and the current status of each permit. The list of permit holders must be treated by SLED and by all law enforcement agencies which receive a copy of a portion of it as confidential and exempt from release pursuant to the Freedom of Information Act request or other action seeking to compel release in order to protect the legitimate privacy rights of permit holders. However, SLED must release the name of a permit holder upon receiving a request.
(I) A permit is valid statewide unless revoked because the person has:
(1) become a person prohibited under state law from possessing a weapon;
(2) moved his permanent residence to another state;
(3) voluntarily surrendered the permit; or
(4) been charged with an offense that upon conviction would prohibit the person from possessing a firearm. However, if the person subsequently is found not guilty of the offense, then his permit must be reinstated with no charge.
Once a permit is revoked, it must be surrendered to a sheriff, police department, a SLED agent, or by certified mail to the Chief of SLED.
(J) A permit holder must have the permit identification card in his possession whenever he is carrying a concealed weapon. A permit holder must inform a law enforcement officer and present the permit identification card when an officer identifies himself as a law enforcement officer and requests identification or a driver's license from a permit holder. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters.
(K) SLED shall issue a replacement for lost, stolen, damaged, or destroyed permit identification cards. A five dollar replacement fee is charged. Change of permanent address within South Carolina must be communicated in writing to SLED within ten days of the change with a fee of five dollars. SLED shall then issue a new permit with the new address. The original permit shall remain in force until receipt of the corrected permit identification card by the permit holder at which time it must be destroyed by the permit holder.
(L) A license issued pursuant to this section shall not authorize a licensee to carry a concealed weapon or firearm into a:
(1) police, sheriff, or highway patrol station;
(2) detention facility, prison, or jail;
(3) courthouse or courtroom;
(4) polling place on election days;
(5) the offices of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;
(6) meeting of the General Assembly or a committee of that body or any place on the State House grounds;
(7) school or college athletic event not related to firearms;
(8) school administration building;
(9) secondary or elementary school facility, except for events relating to firearm activities which are authorized by the school administration;
(10) any premises licensed by the Department of Revenue and Taxation for the consumption of alcohol, beer or wine;
(11) place where the carrying of firearms is prohibited by federal law;
(12) church or other established religious sanctuary.
A person who wilfully violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year, or both, at the discretion of the court and have his permit revoked for five years.
(M) Valid permits to carry concealed weapons held by residents of and issued by states which honor permits issued in accordance with this section must be honored by this State. SLED shall maintain a list of those states with which South Carolina has reciprocity, and shall make that list available to the public.
(N) A permit issued pursuant to this article is not required for persons:
(1) identified in Section 16-23-20;
(2) carrying a self-defense device generally considered to be nonlethal including the substance commonly referred to as 'pepper gas';
(3) carrying a concealable weapon in a manner not prohibited by law.
(O) A permit issued pursuant to this article is valid for four years. SLED shall renew a permit upon:
(1) payment of a fifty dollar renewal fee by the applicant. This fee must be waived for disabled veterans;
(2) submission of three current one-inch by one-inch full color photographs of the applicant;
(3) the favorable completion of a criminal background check of the applicant by the division; and
(4) complete set of fingerprints. Law enforcement shall assist the individual at no cost.
(P) Within three working days of the issuance of a concealed weapons permit, the permit holder must submit his driver's license to the Department of Revenue and Taxation. The department immediately shall reissue the driver's license with a distinguishing symbol indicating the licensee is authorized to carry a concealed weapon. Any costs associated with the reissuance of the license must be borne by the permit holder."
SECTION __. Chapter 31, Title 23 of the 1976 Code is amended by adding:
Section 23-31-400. (A) As used in this article:
(1) 'Use a firearm' means to discharge a firearm or to have a firearm readily accessible for immediate discharge.
(2) 'Serious bodily injury' means a physical condition which creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
(3) 'Readily accessible for immediate discharge' means loaded on the person's body or in the person's hand.
(B) It is unlawful for a person who is under the influence of alcohol or a controlled substance to use a firearm in this State.
(C) A person who violates the provisions of subsection (B) is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or imprisoned not more than two years.
(D) This article does not apply to persons lawfully defending themselves or their property.
Section 23-31-410. (A) A person who uses a firearm within this State shall submit to a SLED approved breath test to determine the alcoholic content of the blood and to a urine test to detect the presence of a controlled substance if there is probable cause to believe that the person was using a firearm while under the influence of alcohol or a controlled substance or if the person is arrested lawfully for an offense allegedly committed while he was using a firearm while under the influence of alcohol or a controlled substance. The breath or urine test must be administered at the request of a law enforcement officer who has probable cause to believe the person was using the firearm while under the influence of alcohol or a controlled substance. The administration of either test shall not preclude the administration of the other test. The refusal to submit to a breath or urine test upon the request of a law enforcement officer pursuant to this section is admissible into evidence in a criminal proceeding.
(B) If the arresting officer does not request a breath or urine test of the person arrested for an offense allegedly committed while the person was using a firearm while under the influence of alcohol or a controlled substance, the person may request the arresting officer to have a breath test made to determine the alcohol content of the person's blood or a urine test for the purpose of determining the presence of a controlled substance.
(C) The provisions of Section 56-5-2950 relating to the administration of tests for determining the weight of alcohol in an individual's blood, additional tests at the individual's expense, availability of test information to the individual or the individual's attorney, and liability of medical institutions and persons administering the tests are applicable to this section.
(D) The results of a test administered pursuant to this section for the purpose of detecting the presence of a control substance are not admissible as evidence in a criminal prosecution for the possession of a controlled substance.
(E) Information obtained pursuant to this section must be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of Section 23-31-400 upon request for this information.
Section 23-31-415. (A) If a law enforcement officer has probable cause to believe that a person used a firearm while under the influence of alcohol or a controlled substance and caused the death or serious bodily injury of an individual, the person shall submit, upon the request of a law enforcement officer, to a test of his blood for the purpose of determining its alcohol content or for the presence of a controlled substance. The law enforcement officer may use reasonable force if necessary to require the person to submit to the administration of the blood test.
(B) A criminal charge resulting from the incident precipitating the officer's demand for testing should be tried concurrently with a charge of a violation of Section 23-31-400. If the charges are tried separately, the fact that the person refused, resisted, obstructed, or opposed testing is admissible at the trial of the criminal offense which precipitated the demand for testing.
(C) The results of any test administered pursuant to this section for the purpose of detecting the presence of a controlled substance is not admissible as evidence in a criminal prosecution for the possession of a controlled substance.
Notwithstanding another provision of law pertaining to the confidentiality of hospital records or other medical records, information obtained pursuant to this section must be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of Section 23-31-400 upon request for such information.
Section 23-31-420. (A) Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while using a firearm while under the influence of alcohol or a controlled substance, the results of any test administered pursuant to Section 23-31-410 or 23-31-415 and this section is admissible into evidence and the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood or breath, shall create the following presumptions:
(1) If there was at that time five one-hundredths of one percent or less by weight of alcohol in the person's blood, it must be presumed that the person was not under the influence of alcohol.
(2) If there was at that time in excess of five one-hundredths of one percent but less than ten one-hundredths of one percent by weight of alcohol in the person's blood, that fact shall not give rise to any inference that the person was or was not under the influence of alcohol to the extent that his normal faculties were impaired, but that fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.
(3) If there was at that time ten one-hundredths of one percent or more by weight of alcohol in the person's blood, the fact is prima facie evidence that the person was under the influence of alcohol.
(B) The percent by weight of alcohol in the blood must be based upon grams of alcohol per one-hundred milliliters of blood. The provisions of this section must not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcohol."
SECTION __. Section 56-1-140 of the 1976 Code, as last amended by Act 497 of 1994, is amended further to read:
"Section 56-1-140. (A) Upon the payment of a fee of twelve dollars and fifty cents, the department shall issue to every qualified applicant a driver's license as applied for. The license must bear on it a distinguishing number assigned to the licensee, the full name, date of birth, and residence address and a brief description and laminated colored photograph of the licensee, and a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee. The license authorizes the licensee to operate only those classifications of vehicles as indicated on the license.
(B) The license must bear on it a distinguishing symbol determined by the department indicating that the licensee is authorized pursuant to Section 23-31-215 to carry a concealed weapon."
SECTION __. Section 23-31-120 of the 1976 Code is repealed./
Renumber sections to conform.
Amend totals and title to conform.
Rep. McTEER raised the Point of Order that Amendment No. 1 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. CROMER explained the Bill.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Boan Brown, H. Cain Cato Cooper Cotty Cromer Dantzler Easterday Felder Fleming Gamble Hallman Harrell Harvin Kelley Keyserling Kinon Kirsh Knotts Koon Lanford Law Limbaugh Loftis McCraw McKay McTeer Meacham Quinn Rhoad Rice Richardson Riser Sandifer Seithel Sharpe Shissias Simrill Smith, R. Spearman Stille Stuart Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Breeland Brown, T. Canty Lloyd Moody-Lawrence
So, the Bill was read the second time and ordered to third reading.
Rep. QUINN moved that the House recur to the morning hour, which was agreed to.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, with amendments, on:
H. 5055 -- Reps. Davenport, Mason, J. Hines, Rice, G. Brown, Meacham, Cato, J. Young, Walker, Wofford, McCraw, Klauber, H. Brown, Kelley, Young-Brickell, R. Smith, Dantzler, Hutson, Knotts, Wright, Riser, Cain, Robinson, Littlejohn, Delleney, Allison, Wells, Limbaugh, Richardson, Rhoad, Harvin, Lloyd, Waldrop, Whatley, Sandifer, Easterday, Wilder, Lanford, Loftis, Wilkins, Witherspoon, Koon, Gamble, Boan and Keegan: A CONCURRENT RESOLUTION TO RECOGNIZE THE TRADITIONAL FAMILY UNIT AS THE CORNERSTONE FOR FAMILY LIFE IN SOUTH CAROLINA AND TO RELY UPON THE TRADITIONAL FAMILY UNIT IN SHAPING PUBLIC POLICY IN THE STATE.
Ordered for consideration tomorrow.
The SPEAKER granted Reps. SPEARMAN, WALKER, CANTY and RHOAD a leave of absence for the remainder of the day.
The House stood at ease subject to the call of Chair.
At 5:45 P.M. the House resumed, the SPEAKER in the Chair.
The following was received.
Columbia, S.C., May 23, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators J. Verne Smith, Moore and Ford of the Committee of Conference on the part of the Senate on H. 3915:
H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.
Very respectfully,
President
Received as information.
Rep. LANFORD moved that the House do now adjourn.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Cobb-Hunter Howard Lanford Lloyd McTeer Whipper, S.
Those who voted in the negative are:
Allison Baxley Boan Brown, H. Cain Cato Cooper Cotty Cromer Dantzler Delleney Easterday Felder Gamble Hallman Harrell Harvin Hodges Jennings Kelley Keyserling Kinon Kirsh Knotts Koon Law Limbaugh Loftis McCraw McKay Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stille Stuart Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young-Brickell
So, the House refused to adjourn.
Rep. MEACHAM moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
Rep. QUINN moved to rescind Rule 3.9.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Boan Brown, H. Dantzler Delleney Felder Harrell Harvin Hodges Kelley Kinon Kirsh Law Lloyd McCraw McKay McTeer Moody-Lawrence Quinn Richardson Riser Scott Seithel Sharpe Smith, R. Stille Stuart Waldrop Whatley Whipper, L. Whipper, S. Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Allison Cain Cato Cobb-Hunter Cooper Cotty Cromer Davenport Easterday Gamble Hallman Howard Jennings Koon Lanford Loftis Meacham Rice Robinson Sandifer Shissias Simrill Tripp Trotter Vaughn Walker Wells
So, Rule 3.9 was rescinded.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
SECTION 1. Chapter 7, Title 44 of the 1976 Code is amended by adding:
Section 44-7-3110. The General Assembly authorizes and grants to the Board of Trustees of the Medical University of South Carolina authority to enter into reasonable agreements to transfer the management and operations of the Medical University Hospital to one or more private operators, including authority to:
(A) Lease certain Medical University Hospital land, together with all easements, rights, privileges, and appurtenances appertaining thereto, and all of the buildings, structures, fixtures, and other improvements existing and situated on that land, all as described in Section 44-7-3120; and
(B) Sell furniture, fixtures, equipment, accounts receivable, and other incidental assets associated with or employed in the operation of the Medical University Hospital on the land.
Provided, however, that the following terms and conditions must be observed and included and accepted in the agreements:
(1) The term of the lease and any extensions may not exceed a total aggregate period of thirty years.
(2) The leased premises may be used only for the operation of hospitals and clinics, and for other uses reasonably related to hospitals, clinics, and healthcare, provided that those operations and uses are consistent with all Joint Commission on Accreditation and Healthcare Organizations standards.
(3) Any private operator or operators chosen by the Medical University of South Carolina's Board of Trustees to operate the Medical University Hospital shall not transfer, sell, lease, or assign control of the Medical University Hospital, or of the entity operating or controlling the Medical University Hospital or of any of its related real estate or other assets, to any other private operator without the prior express written approval of the Medical University of South Carolina Board of Trustees and without compliance with the same terms and conditions provided in this article. Prior to any such transfer, sale, lease, or assignment of control, the Medical University of South Carolina shall have the right of first refusal and be given sufficient time to consider and decide whether to exercise the right of first refusal.
(4) Any private operator or operators chosen by the Medical University of South Carolina's Board of Trustees to operate the Medical University Hospital must provide indigent care in the same manner as is being provided by the Medical University of South Carolina through the operation of this Medical University Hospital and its clinical programs.
(5) The Medical University of South Carolina and the State of South Carolina must be protected from any tort liability arising from the private operation of the Medical University Hospital by the private operator, unless and except to the extent the tort liability is caused by or attributed to the Medical University of South Carolina or the State of South Carolina, or both. The agreement will require the operator of the Medical University Hospital to acquire and keep in effect sufficient insurance policies to provide a reasonable amount and type of coverage and naming the Medical University of South Carolina as an additional insured.
(6) The name and logo of the Medical University of South Carolina and its affiliates shall not be used by any private operator to market and promote health care services.
(7) The proceeds from this lease and from the sale of these assets must be used for the retirement of outstanding indebtedness incurred to finance Medical University Hospital facilities, and all other revenues and payments received from or in connection with this lease or sale must be dedicated solely for use of the Medical University of South Carolina's business and operations as the Board of Trustees of the Medical University of South Carolina may direct, subject to review by the appropriate bodies of state governments.
(8) All agreements, the manner in which all agreements are made and the implementation of all agreements must comply with all applicable laws.
(9) Access for any person or group to use the services of the Medical University Hospital and clinical services shall not be limited, restricted, denied, or allowed in a discriminatory manner that is prohibited by law; nor shall such access be denied based on lack of participation or membership in a particular health plan or network.
(10) The Medical University of South Carolina shall have access at all times to all records of all patients treated at the Medical University Hospital, and all patients shall have access at all times to their own records.
Provided, further, that the lease and sale may not be finalized until the Budget and Control Board is satisfied that the consideration paid by the private operator or operators for the agreements authorized by this article reflects a fair and reasonable value to the State of South Carolina, based upon either the net book value of the hospital, capitalization of income from operation of the hospital over a period of years, the net present value of future cash flow of the hospital, a direct comparison to a comparable transaction, or some other financially sound and general practiced method of business evaluation.
The Budget and Control Board is directed to cause the lease and purchase agreements regarding the Medical University Hospital to contain provisions requiring and insuring compliance with the terms and conditions stated above. To assist the board in performing this function, the Medical University of South Carolina is required to provide, at its expense, any information, studies, evaluations, agreements, reports, or other data requested by the Budget and Control Board, including any such items with regard to University Medical Associates or any of its employees, officers, and affiliates. The approval requirement for the transaction authorized in this act shall be governed by the provisions of Section 1-11-65 of the 1976 Code and compliance with the provisions of this act is exclusive and shall satisfy the approval requirements of any and all other statutory provisions requiring the review and/or approval of any agency, department, or division.
No lease or other agreement pursuant to this article shall be valid unless and until the provisions of this article have been complied with fully and the Budget and Control Board has certified that the provisions of this article have been complied with fully.
Section 44-7-3120. The legal description of the land and improvements thereon referenced in Section 44-7-3110(A) is as follows:
All that certain property and parcels of land in Charleston County together with improvements thereon lying on the north side of Albert B. Sabin Street, between Ashley Avenue and Jonathan Lucas Street consisting of the MUSC Teaching Hospital and the MUSC Children's Hospital but saving and excepting the Clinical Sciences Building and the Storm Eye Institute;
Together with a rectangular parcel located on the south side of Albert B. Sabin Street containing certain fuel oil tanks;
Together with the Psychiatric Institute located on the west side of President Street and the playground area located to the rear of such institute but saving and excepting the auditorium, the lobby area, and the University Services Building.
The above referenced properties are as shown on a survey prepared by Forsburg Engineering & Surveying, Inc., to be recorded and reference is made thereto for a description of the metes and bounds thereof.
Section 44-7-3130. Notwithstanding any other provision of law to the contrary, University Medical Associates (UMA) is a public body as defined by Chapter 4, Title 30 (the Freedom of Information Act) for purposes of the act and the provisions of the act apply to records maintained by UMA."
SECTION 2. Upon approval of the proposed sale or lease of MUSC's facilities and assets to HCA, HCA shall take the steps necessary to create an employee grievance committee for the review of all employee disciplinary actions and terminations by HCA. The grievance procedure must provide that the final decision in any grievance involving a former MUSC employee rests with the board of directors of MUSC and that the final decision in grievances involving HCA employees rests with the official designated by HCA.
SECTION 3. Notwithstanding any other provision of law, the Budget and Control Board must consult the South Carolina Commission on Higher Education prior to granting authorization to effectuate the transaction provided for in this act.
SECTION 4. Notwithstanding any other provision of law to the contrary, upon approval of the proposed lease and sale of Medical University of South Carolina facilities and assets, no one who is currently an employee of MUSC or UMA may personally profit from the transaction by accepting compensation or other financial incentives from the purchasing and/or leasing company if that individual played a substantial role in the negotiation process. As used in this section "substantial role" means a role where one is providing direct advice to the members of a negotiating team or being a member of a negotiating team.
SECTION 5. No condition of any lease or agreement shall restrict MUSC employees to shared participation with one company's health care third party providers.
SECTION 6. At the time of default by Columbia HCA or end of the lease, MUSC shall not be required to purchase the Medical Center as a going concern but rather at the appraised value of the tangible assets owned by the lessee as personal property inventory.
SECTION 7. Any discontinuation or transfer of any inpatient clinical service offered at the Medical Center shall be with the prior written consent of the MUSC Board of Trustees.
SECTION 8. All agreements between University Medical Associates and any of its servants, agents, and subsidiaries and partners are subject to review and approval by the Board of Trustees of the Medical University of South Carolina and the terms of any such agreements shall not conflict with the terms and conditions of the lease authorized by this section.
SECTION 9. Notwithstanding any other provision of law to the contrary, including any provision of the Annual General Appropriation Act for FY 1996-97, members of the General Assembly must pay any co-payment or deductible as may be applicable for receiving services at a hospital facility in this State whether or not their services are provided by the MUSC hospital or its successor in interest.
SECTION 10. Notwithstanding any other provision of law to the contrary, upon approval of the proposed sale or lease of MUSC's facilities and assets, MUSC must maintain the current level of services currently offered to indigent patients at Charleston Memorial Hospital unless the MUSC Board of Trustees approves otherwise.
SECTION 11. Notwithstanding any other provision of law to the contrary, any financial obligation under the agreements entered into by a subsidiary corporation must be unconditionally guaranteed by the ultimate parent corporation of the purchaser/tenant.
SECTION 12. This act takes effect upon approval by the Governor.
Amend title to conform.
/s/J. Verne Smith /s/John G. Felder /s/Thomas L. Moore /s/Ronald C. Fulmer /s/Robert Ford Lynn Seithel On Part of the Senate. On Part of the House.
Rep. FELDER explained the Conference Report.
Rep. LANFORD spoke against the Conference Report.
Rep. FELDER spoke in favor of the Conference Report.
Rep. SEITHEL spoke against the Conference Report.
Rep. SEITHEL moved that the House do now adjourn.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Breeland Dantzler Davenport Delleney Hallman Kirsh Koon Law Lloyd McCraw Rogers Seithel Whipper, L. Whipper, S. Wright
Those who voted in the negative are:
Allison Baxley Boan Brown, H. Cain Cato Cooper Cotty Easterday Felder Fulmer Gamble Harrell Harvin Hodges Jennings Kelley Keyserling Kinon Knotts Limbaugh McKay McTeer Meacham Rice Richardson Riser Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Stille Stuart Trotter Vaughn Waldrop Wells Whatley Witherspoon Wofford Young-Brickell
So, the House refused to adjourn.
The question then recurred to the adoption of the Conference Report.
Rep. SEITHEL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Boan Brown, H. Brown, J. Cain Cato Cromer Dantzler Felder Fulmer Gamble Hallman Harrell Harvin Hodges Jennings Kelley Keyserling Kinon Knotts Koon Law Limbaugh McKay McTeer Meacham Quinn Rice Richardson Riser Robinson Rogers Sharpe Simrill Smith, D. Smith, R. Stille Stuart Tripp Vaughn Walker Wells Whatley Whipper, L. Whipper, S. Wilkins Witherspoon Wofford Young Young-Brickell
Those who voted in the negative are:
Breeland Cooper Davenport Delleney Easterday Howard Kirsh Lanford Lloyd Loftis McCraw Moody-Lawrence Sandifer Scott Seithel Shissias Trotter Waldrop Wright
So, the Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., May 23, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has reconsidered the report of the Committee of Free Conference and the granting of Free Conference Powers:
H. 3961 -- Reps. Wilkins, Harrison,D.Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5 110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 23, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has reconsidered the report of the Committee of Free Conference and the granting of Free Conference Powers:
H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Very respectfully,
President
Received as information.
Rep. HODGES moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 5060 -- Reps. Spearman and Waldrop: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING MR. BERNARD L. BLACK OF SALUDA COUNTY FOR HIS DEDICATED, OUTSTANDING SERVICE AS DEPARTMENT ADJUTANT OF THE AMERICAN LEGION, DEPARTMENT OF SOUTH CAROLINA, FROM 1986 TO 1996.
H. 5061 -- Reps. Tripp and Wilkins: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO DR. WALTER HANDFORD OF GREENVILLE ON HIS THIRTY-ONE YEARS OF DEDICATED AND PRODUCTIVE SERVICE TO SOUTHSIDE BAPTIST CHURCH AND TO EXTEND BEST WISHES UPON HIS RETIREMENT.
H. 5063 -- Reps. Rogers, J. Brown, Byrd, Cotty, Cromer, Harrison, Howard, Neal, Quinn, Scott, Shissias, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, T. Brown, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE THE UNIVERSITY OF SOUTH CAROLINA ALUMNI ASSOCIATION FOR 150 YEARS OF SERVICE TO THE STATE OF SOUTH CAROLINA AND TO ALUMNI FRIENDS, FACULTY, STAFF, AND STUDENTS OF THE UNIVERSITY OF SOUTH CAROLINA.
H. 5064 -- Reps. McAbee, Carnell and Koon: A CONCURRENT RESOLUTION COMMENDING CAROLYN W. REESE OF LEXINGTON COUNTY ON HER TWENTY-FIVE YEARS OF SERVICE WITH THE STATE LAW ENFORCEMENT DIVISION AND WISHING HER THE VERY BEST ON THE OCCASION OF HER RETIREMENT.
H. 5065 -- Reps. Davenport, Lanford, Walker, Lee, Littlejohn, Allison, Wilder, Wells, D. Smith and Vaughn: A CONCURRENT RESOLUTION CONGRATULATING MISS KATHRYN REESE OF SPARTANBURG FOR ACHIEVING, THROUGH DEDICATION AND HARD WORK, THE ACADEMIC HONOR OF BEING A 1996 MAGNA CUM LAUDE GRADUATE OF THE UNIVERSITY OF SOUTH CAROLINA, AND COMMENDING HER ON HER MANY ACCOMPLISHMENTS AND FOR BEING AN EXCELLENT ROLE MODEL FOR THE CHILDREN OF OUR STATE.
H. 5066 -- Reps. Rice and Robinson: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING KYLE THOMPSON, A STUDENT AT EASLEY HIGH SCHOOL, ON WINNING THE 1996 CLASS AAAA INDIVIDUAL STATE CHAMPIONSHIP IN GOLF.
At 6:15 P.M. the House in accordance with the motion of Rep. HODGES adjourned to meet at 10:00 A.M. tomorrow.
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