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Printed Page 3060, Apr. 25
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| The SPEAKER granted Reps. COOPER and TROTTER a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 4340 -- Reps. Spearman, Herdklotz, J. Hines, Rice, Sharpe, Cain, Riser, Seithel, Gamble, Meacham and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390 SO AS TO PROVIDE FOR A SPECIAL GUEST FISHING LICENSE.
Rep. SPEARMAN explained the Bill.
Rep. ANDERSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. ROBINSON moved to reconsider the vote whereby debate was adjourned on the following Joint Resolution until Tuesday, April 30, which was agreed to.
H. 4453 -- Reps. Townsend, Stille, Cooper, Trotter and Cato: 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.
Rep. TOWNSEND explained the Joint Resolution.
Rep. COTTY objected to the Joint Resolution.
Reps. TOWNSEND, WRIGHT and GAMBLE proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22755SD.96).
Amend the joint resolution, as and if amended, by adding at the end of SECTION 2:
Amend the joint resolution further, as and if amended, by striking SECTION 3 and inserting:
/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 five 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./
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. TOWNSEND having the floor.
Rep. TOWNSEND moved that the House recur to the morning hour, which was agreed to.
On motion of Rep. QUINN, with unanimous consent, the following was taken up for immediate consideration and adopted.
April 24, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Dairy Association wishes to extend to the members of the South Carolina House of Representatives, their spouses, staff and attaches, an invitation to an "Ice Cream Under The Veranda" scheduled for Wednesday, May 15, 1996, from 10:00 A.M. until 3:00 P.M. An "Ice Cream Under The Veranda" will be held in the courtyard between the Blatt and Gressette Buildings on the State House grounds in Columbia. Please call us if you have any questions.
Sincerely,
Herby D. Lutz, Jr.
SCDA President
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4848 -- Reps. Felder, H. Brown and Wright: A BILL TO AMEND SECTION 56-31-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION AND USE OF SURCHARGES IMPOSED UPON THE PRIVATE PASSENGER MOTOR VEHICLES RENTED FOR THIRTY-ONE DAYS OR LESS, AND TO CERTAIN REPORTS, VIOLATIONS, PENALTIES, REGULATIONS, AND FORMS PERTAINING TO THE COLLECTION OF THE SURCHARGES, SO AS TO PROVIDE THAT THE SURCHARGES ARE A SALES TAX THAT BELONGS TO THE STATE WHICH MUST BE PLACED IN A SEGREGATED ACCOUNT, THE SURCHARGES ARE NOT SUBJECT TO CERTAIN CREDITOR LIENS, AND ARE NOT GROSS RECEIPTS OR REVENUE, AND A
Ordered for consideration tomorrow.
Debate was resumed on the following Joint Resolution, the pending question being the consideration of Amendment No. 1, Rep. TOWNSEND having the floor.
H. 4453 -- Reps. Townsend, Stille, Cooper, Trotter and Cato: 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.
Debate was resumed on Amendment No. 1, by Reps. TOWNSEND, WRIGHT and GAMBLE.
Rep. TOWNSEND continued speaking.
Rep. DAVENPORT moved to table the amendment.
Rep. TOWNSEND demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 13 to 69.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. LIMBAUGH and ROBINSON proposed the following Amendment No. 2 (Doc Name P:\amend\GJK\22766CM.96).
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Notwithstanding any other provision of law, any person who has failed to achieve a passing score on all sections of the EEE after one attempt may retake for a second 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 second administration of the examination may then be given to this person. If the
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMBAUGH explained the amendment.
Reps. CAIN, LANFORD, MARCHBANKS, FULMER, HALLMAN, KNOTTS, L. WHIPPER, ANDERSON, DAVENPORT and McMAHAND objected to the Joint Resolution.
Reps. FULMER, SANDIFER, WHATLEY, HALLMAN and R. SMITH withdrew their objections to H. 4651 however, other objections remained upon the Bill.
Upon the withdrawal of objections by Reps. L. WHIPPER, M. HINES, J. HINES, LEE, BREELAND, ANDERSON, S. WHIPPER, LLOYD and T. BROWN, 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
The Committee on Judiciary proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5880DW.96), which was adopted.
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 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
(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.
The amendment was then adopted.
Reps. HARRISON and SCOTT proposed the following Amendment No. 3 (Doc Name P:\amend\PFM\9312AC.96), which was adopted.
Amend the bill, as and if amended, beginning on page 3, by striking SECTION 3 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 4818 be read the third time tomorrow.
Rep. RISER withdrew his objection to H. 4624 however, other objections remained upon the Bill.
Reps. SHARPE, WILKES, SANDIFER, ROBINSON, RICE and RHOAD withdrew their objections to H. 4631 however, other objections remained upon the Bill.
Rep. HALLMAN withdrew his objection to H. 4871 however, other objections remained upon the Bill.
Reps. LIMEHOUSE and TRIPP withdrew their objections to H. 4651 however, other objections remained upon the Bill.
Rep. FULMER moved that the House do now adjourn.
Rep. HARRISON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Allison Bailey Baxley Boan Brown, H. Brown, J. Byrd Carnell Cato Cave Chamblee Cobb-Hunter Cotty Cromer Dantzler Davenport Delleney Easterday Fulmer Gamble Govan Hallman Harrell Harris, J. Harrison Haskins Herdklotz Hines, J. Hines, M. Howard Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Martin McAbee McKay McTeer Meacham Neal Phillips Rhoad Rice Riser Robinson Sandifer Scott Seithel Sharpe Sheheen
Shissias Simrill Smith, R. Spearman Stille Stoddard Tripp Vaughn Walker Wells Whatley Wilder Wilkes Wilkins Wofford Wright Young Young-Brickell
So, the House refused to adjourn.
Rep. HARRISON moved to adjourn debate upon the Senate amendments to the following Bill until Wednesday, May 1, 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 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
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