Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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| Printed Page 2480, Apr. 23 | Printed Page 2500, Apr. 23 |
Printed Page 2490 . . . . . Tuesday, April 23, 1996
H. 4651--POINT OF ORDER

The following Bill was taken up.

H. 4651 -- Reps. Harrison, Seithel and Rogers: 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.

POINT OF ORDER

Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

H. 4871--POINT OF ORDER

The following Bill was taken up.

H. 4871 -- Reps. Harrison, D. Smith and Wilkins: A BILL TO DEVOLVE THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE SECRETARY OF STATE UPON CERTAIN STATE OFFICERS, PERSONS, AND AGENCIES.

POINT OF ORDER

Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

H. 4541--POINT OF ORDER

The following Bill was taken up.

H. 4541 -- Reps. Simrill, Moody-Lawrence and Kirsh: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF

Printed Page 2491 . . . . . Tuesday, April 23, 1996
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.

POINT OF ORDER

Rep. TRIPP made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

H. 4810--OBJECTION AND POINT OF ORDER

The following Bill was taken up.

H. 4810 -- Reps. Martin, Jennings, Kelley, J. Young and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-13-465 SO AS TO PROVIDE THAT NO UNDERCOVER AGENT UNDER THE AGE OF TWENTY-ONE OF THE DEPARTMENT OF REVENUE AND TAXATION OR ANY OTHER STATE OR LOCAL LAW ENFORCEMENT AGENCY MAY PURCHASE OR ATTEMPT TO PURCHASE BEER, WINE, OR ALCOHOLIC LIQUOR FOR ON OR OFF-PREMISES CONSUMPTION AT AN ESTABLISHMENT LICENSED TO MAKE SUCH SALES UNLESS THE DEPARTMENT OR AGENCY HAS TWO DOCUMENTED INSTANCES THAT THE ESTABLISHMENT HAS VIOLATED PROVISIONS OF LAW PROHIBITING THE SALE OF BEER, WINE, OR ALCOHOLIC LIQUOR TO MINORS, AND TO PROVIDE REMEDIES FOR VIOLATIONS.

Rep. HASKINS objected to the Bill.

POINT OF ORDER

Rep. WHATLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

Printed Page 2492 . . . . . Tuesday, April 23, 1996
H. 4818--POINT OF ORDER

The following Bill was taken up.

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.

The Committee on Judiciary proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5880DW.96).

Amend the bill, as and if amended, page 2, beginning on line 25, by striking /the court determines that continued/ and inserting /it is determined that/ so, when amended, item (7), subsection (F) of Section 20-7-600, as contained in SECTION 1, reads:

/(7) has no suitable alternative placement and it is determined that detention is in the child's best interest or is necessary to protect the child or public, or both.

Amend further, page 3, line 24, by inserting after /circumstances/ /as determined by the court/, so, when amended, Section 20-7-600(H), as contained in SECTION 2, reads:

/(H) If the officer who took the child into custody has not released the child to the custody of his the child's parents or other responsible adult, the court shall hold a detention hearing within forty-eight hours

Printed Page 2493 . . . . . Tuesday, April 23, 1996
from the time the child was taken into custody, excluding Saturdays, Sundays, and holidays. At this hearing, the authorized representative of the department shall submit to the court a report stating the facts surrounding the case and a recommendation as to the child's continued detention pending the adjudicatory and dispositional hearings. The court shall appoint counsel for the child if none is retained. No child may proceed without counsel in this hearing, unless the child waives the right to counsel, and then only after consulting at least once with an attorney. At the conclusion of this hearing, the court shall determine whether probable cause exists to justify the detention of the child as well as determining and the appropriateness of, and need for, the child's continued detention. If continued detention of a juvenile is considered appropriate by the court and if a juvenile detention facility exists in that county which meets state and federal requirements for the secure detention of juveniles, or if that facility exists in another county with which the committing county has a contract for the secure detention of its juveniles, and if commitment of a juvenile by the court to that facility does not cause it the facility to exceed its design and operational capacity, the family court shall order the detention of the juvenile in that facility. Periodic reviews of the detention order must be conducted in accordance with the rules of practice in a family court. However, A juvenile must not be detained in secure confinement in excess of ninety days except in exceptional circumstances as determined by the court. A detained juvenile is entitled to further and periodic review:

(1) within ten days following the juvenile's initial detention hearing;

(2) within thirty days following the ten-day hearing; and

(3) at any other time for good cause shown upon motion of the child, the State, or the department.

If the child does not qualify for detention or otherwise require continued detention under the terms of subsection (F), the child must be released to a parent, guardian, or other responsible person./

Amend title to conform.

Rep. HARRISON explained the amendment.

POINT OF ORDER

Rep. T. BROWN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

Printed Page 2494 . . . . . Tuesday, April 23, 1996
H. 4477--AMENDED AND POINT OF ORDER

The following Bill was taken up.

H. 4477 -- Reps. Stille, J. Hines, Wilder, Simrill, Sandifer, Kirsh, Meacham, Easterday, Allison, Neilson, Herdklotz, Walker, Cotty, Shissias, Cromer, Klauber, Fleming, Baxley, Trotter, Wells, Davenport, Littlejohn, McMahand, Stuart, Witherspoon, Williams, Dantzler, McCraw, Marchbanks and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6245 SO AS TO PROVIDE THAT THE MOTOR VEHICLE DRIVEN BY A PERSON WHO IS NOT A LICENSED DRIVER OR WHOSE LICENSE TO DRIVE HAS BEEN CANCELED, SUSPENDED, OR REVOKED MUST BE IMPOUNDED UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE THAT THE COST ASSOCIATED WITH IMPOUNDING THE MOTOR VEHICLE MUST BE BORNE BY THE DRIVER.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5881CM.96), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. The 1976 Code is amended by adding:

"Section 56-5-6245. (A) A motor vehicle owned and driven by a person on a public highway in this State who is not a licensed driver or whose license to drive has been canceled, suspended, or revoked must be impounded by the local law enforcement division for:

(1) thirty days for a first offense;

(2) sixty days for a second offense; or

(3) ninety days for a third offense.

(B) The cost associated with impounding a motor vehicle pursuant to subsection (A) must be borne by the driver of the motor vehicle. Notice of the impoundment shall be mailed to all lienholders of record within ten days of impoundment.

(C) This section does not apply to vehicles owned by rental car companies.

(D) A driver whose license to drive is invalid by reason of license expiration shall have a thirty-day grace period after expiration before the provisions of this section regarding vehicle impoundment are enforceable."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Printed Page 2495 . . . . . Tuesday, April 23, 1996
Rep. STILLE explained the amendment.

The amendment was then adopted.

Rep. TOWNSEND explained the Bill.

POINT OF ORDER

Rep. TRIPP made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

LEAVE OF ABSENCE

The SPEAKER granted Rep. STODDARD a temporary leave of absence.

H. 4949--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4949 -- Rep. Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-690 SO AS TO AUTHORIZE A PERSON WHO OWNS PRIVATE PROPERTY TO SHRIMP FROM DOCKS ADJACENT TO AND OWNED BY THAT PERSON.

Rep. SEITHEL proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9292AC.96), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 50-17-660(F) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(F) It is unlawful for any a person to catch or take shrimp over a baited area unless:

(1) each bait deposit is marked by a pole not to exceed one inch in diameter which is driven into the ground and with the department-issued tag securely attached to it;

(2) each pole is plainly marked with white reflective tape;

(3) here there is a ten-pole limit a boat a day,; additional boats in tow may not be used to increase the number of authorized poles;

(4) there is a ten-pole limit for each person who is shrimping over a baited area if no boat is being used;

Printed Page 2496 . . . . . Tuesday, April 23, 1996
(5) if more than one pole is being used, the distance between the first and the last pole may not exceed one hundred yards;

(6) the minimum distance between each set of poles may not be less than twenty-five yards;

(7) no pole or set of poles may be left unattended, and if the permittee is not located in the immediate vicinity, the poles must be confiscated by the department;

(8) the permittee is allowed to shrimp over only those poles bearing his the permittee's corresponding permit number.

It is unlawful during the closed season for taking shrimp over bait to have aboard any a boat any poles or material that can be used to attract, lure, or cause shrimp to congregate.

It is unlawful to set poles within fifty yards of a dock or public landing or boat ramp.

Nothing in this subsection prevents use of a private dock by the owner of the dock or a person holding written permission by the owner for shrimping over bait so long as the person's permit number is clearly displayed upon the dock."/

Renumber sections to conform.

Amend title to conform.

Rep. SEITHEL explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4498--DEBATE ADJOURNED ON MOTION TO RECONSIDER

The motion of Rep. QUINN to reconsider the vote whereby the following Bill was continued was taken up.

H. 4498 -- Reps. Harrison, Hodges, Jennings, D. Smith, Cromer, Wofford, Govan, Tucker, Fleming, Knotts, Shissias, Thomas and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-4096 SO AS TO PROHIBIT TRESPASSING UPON RAILROAD TRACKS AND PROVIDE PENALTIES FOR VIOLATIONS.

Rep. HASKINS moved to adjourn debate upon the motion to reconsider until Wednesday, April 24, which was adopted.

Printed Page 2497 . . . . . Tuesday, April 23, 1996
OBJECTION TO RECALL

Rep. VAUGHN asked unanimous consent to recall S. 1334 from the Committee on Ways and Means.

Rep. FULMER objected.

OBJECTION TO RECALL

Rep. RHOAD asked unanimous consent to recall H. 4763 from the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. CAIN objected.

OBJECTION TO RECALL

Rep. MOODY-LAWRENCE asked unanimous consent to recall H. 4050 from the Committee on Ways and Means.

Rep. FULMER objected.

OBJECTION TO RECALL

Rep. SEITHEL asked unanimous consent to recall H. 3820 from the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. SHARPE objected.

OBJECTION TO RECALL

Rep. SHEHEEN asked unanimous consent to recall S. 1309 from the Committee on Ways and Means.

Rep. KNOTTS objected.

H. 3961--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the Senate amendments to the following Bill until Wednesday, April 24, which was adopted.

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

Printed Page 2498 . . . . . Tuesday, April 23, 1996
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
Printed Page 2499 . . . . . Tuesday, April 23, 1996
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.

H. 3320--DEBATE ADJOURNED

The Senate amendments to the following Bill were taken up for consideration.

H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870, SO AS TO ENACT THE SOUTH CAROLINA PERSONAL WATERCRAFT AND BOATING SAFETY ACT OF 1996 AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Rep. WITHERSPOON proposed the following Amendment No. 1A (Doc Name P:\amend\BBM\10797DW.96).

Amend the bill, as and if amended, page 6, line 4, by striking /(15 horsepower engine or less)/.

Amend title to conform.

Rep. WITHERSPOON explained the amendment.

Rep. SHARPE moved to adjourn debate upon the Senate amendments, until Wednesday, April 24, which was adopted.

H. 4414--DEBATE ADJOURNED

The following Concurrent Resolution was taken up.

H. 4414 -- Reps. Stuart, T. Brown, Cotty, Harvin, Herdklotz, Huff, Kinon and Vaughn: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY SCHOOL SCHEDULING AND TIMETABLES, INCLUDING THE LENGTH OF THE SCHOOL DAY AND THE SCHOOL YEAR, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND TO PROVIDE THAT THE COMMITTEE

Printed Page 2500 . . . . . Tuesday, April 23, 1996
SHALL REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY BY JULY 1, 1996.

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