The motion of Rep. HARRISON to reconsider the vote whereby the following Bill was given a second reading was taken up and agreed to.
S. 1293 -- Senators Thomas, Giese, Courson, Fair, Hayes, Jackson, Passailaigue, Russell and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION 24-21-490 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL COLLECT AND DISTRIBUTE RESTITUTION, THE PROCEDURE FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN ANNUAL REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND OTHER FEES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN CERTAIN PROVISIONS
Rep. KNOTTS objected to the Bill.
The following Bill was taken up.
H. 4245 -- Reps. Jennings, J. Harris, Kinon, Baxley, Martin and Thomas: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATUS.
Rep. YOUNG-BRICKELL moved to continue the Bill, which was agreed to.
The following Bill was taken up.
S. 1293 -- Senators Thomas, Giese, Courson, Fair, Hayes, Jackson, Passailaigue, Russell and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION
Reps. HARRISON and D. SMITH proposed the following Amendment No. 2 (Doc Name P:\amend\DKA\3755CM.96), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Implementation of Sections 16-3-1110, 16-3-1535, 17-25-322, 17-25-324, and 24-21-490 and the requirements under these sections of this act are contingent upon annual appropriations of sufficient funding./
Renumber sections to conform.
Amend title to conform.
Rep. D. SMITH explained the amendment.
The amendment was then adopted.
Rep. KNOTTS 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 overruled the Point of Order.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1054 -- Senators J. Verne Smith, Drummond, Hayes, Elliott and Glover: A BILL TO AMEND SECTION 6-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A PETITION PRIOR TO THE ACQUISITION OF A PROJECT BY A JOINT AGENCY, SO AS TO FURTHER ALLOW THE PUBLIC SERVICE COMMISSION TO APPROVE CERTAIN TYPES OF PROJECTS WHICH CONSIST OF CERTAIN KINDS OF ELECTRIC GENERATING PLANTS AND PROVIDE THAT THE COMMISSION'S APPROVAL IS NOT NECESSARY FOR PROJECTS FOR TRANSMISSION, DISTRIBUTION, OR TRANSFORMATION OF ELECTRIC POWER AND ENERGY; TO AMEND SECTION 6-23-90, RELATING TO THE RIGHTS AND POWERS OF A JOINT AGENCY, SO AS TO DELETE A REFERENCE TO SECTION 6-23-120, DELETE THE PROVISION WHICH PROVIDES FOR JOINT AGENCIES TO ACQUIRE NOT LESS THAN TEN PERCENT OF RATED CAPACITY FROM AN ELECTRIC SUPPLIER, ADDING A PROVISION FOR JOINT AGENCIES TO NEGOTIATE AND ENTER CONTRACTS WITH ANY PERSON, FIRM, OR CORPORATION, WITHIN OR WITHOUT THE STATE, AUTHORIZING JOINT AGENCIES TO ENTER INTO CONTRACTS MAKING THEM OBLIGATED TO MAKE PAYMENTS REQUIRED BY A CONTRACT WHERE THE FACILITIES FROM WHICH SERVICES ARE PROVIDED ARE COMPLETED, OPERABLE AND OPERATING, AND THAT THESE PAYMENTS ARE NOT SUBJECT TO REDUCTIONS AND ARE NOT CONDITIONED UPON THE PERFORMANCE OR NONPERFORMANCE OF ANY PARTY; TO AMEND SECTION 6-23-170, RELATING TO INVESTMENTS OF A JOINT AGENCY OF MONIES PENDING DISBURSEMENT, SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OR PERSONS AUTHORIZED TO MAKE INVESTMENT DECISIONS ON BEHALF OF JOINT AGENCIES ARE CONSIDERED TO BE TRUSTEES AND SUBJECT TO THE PRUDENT INVESTOR STANDARD; AND TO REPEAL SECTION 6-23-120, RELATING TO THE SALE OF EXCESS POWER OR OUTPUT OF A PROJECT NOT THEN REQUIRED BY ANY OF THE MEMBERS OF THE JOINT AGENCY.
Reps. WHATLEY, FULMER, HALLMAN, VAUGHN, ALLISON, CATO, HASKINS, EASTERDAY, TRIPP, DAVENPORT, CAIN, WELLS, KNOTTS and LANFORD objected to the Bill.
Rep. COTTY moved to adjourn debate upon the following Bill until Wednesday, May 8, which was adopted.
S. 1164 -- Judiciary Committee: A BILL 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 PROVIDE THAT IF THE PARENTS, WHO ARE HEIRS OF A CHILD PURSUANT TO 62-2-103(2), ARE DIVORCED, SEPARATED, OR LIVING APART, UPON MOTION OF EITHER PARENT, THE PROBATE COURT MAY DENY OR LIMIT EITHER PARENT'S ENTITLEMENT FOR A SHARE OF THE PROCEEDS IF THE COURT DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT; AND 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 A PARENT WHO IS OTHERWISE ENTITLED TO RECOVER AMOUNTS PROVIDED FOR A DECEASED EMPLOYEE IF THE COMMISSION DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT.
Rep. TUCKER moved to adjourn debate upon the following Bill until Wednesday, May 8, which was adopted.
S. 1345 -- Senator McConnell: A BILL TO AMEND SECTION 54-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE HUNLEY COMMISSION IS EXEMPT FROM THE STRICTURES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR PURPOSES OF THE HUNLEY PROJECT, AND TO PROVIDE THAT THE HUNLEY COMMISSION IS PROHIBITED FROM RELINQUISHING SOUTH CAROLINA'S CLAIM OF TITLE TO THE HUNLEY UNLESS PERPETUAL SITING
Rep. LANFORD moved to adjourn debate upon the following Bill until Wednesday, May 8, which was adopted.
S. 1395 -- Senator Courtney: A BILL TO AMEND SECTION 5-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORMS AND SELECTION OF MUNICIPAL GOVERNMENT, SO AS TO PROVIDE THAT A MUNICIPALITY WHICH FAILED TO ADOPT ONE OF THE SPECIFIED FORMS OF GOVERNMENT WITHIN FIFTEEN MONTHS OF DECEMBER 31, 1977, IS CONSIDERED TO HAVE FORFEITED ITS ARTICLES OF INCORPORATION UNTIL IT CERTIFIES THE ADOPTION OF ONE OF THE FORMS TO THE SECRETARY OF STATE, AND TO FURTHER PROVIDE THAT THE ARTICLES OF INCORPORATION MUST BE REINSTATED UPON THE CERTIFICATION OF THE ADOPTION.
The following Bill was taken up.
S. 62 -- Senators McConnell, Rose, Ryberg, Rankin, Elliott, Courson, Wilson and O'Dell: A BILL TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFINEMENT OF PRISONERS, SO AS TO PROVIDE THAT A PRISONER WHO ESCAPES OR ATTEMPTS TO ESCAPE FROM CUSTODY MAY NOT SERVE HIS SENTENCE FOR THE ORIGINAL CONVICTION OR AN ADDITIONAL SENTENCE FOR THE ESCAPE OR ATTEMPTED ESCAPE IN A MINIMUM SECURITY FACILITY AND TO DELETE AN OBSOLETE REFERENCE.
Rep. SCOTT 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.
Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, May 14, which was adopted.
S. 1358 -- Senator Thomas: A BILL 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.
The following Bill was taken up.
S. 1176 -- Senator Hayes: A BILL 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.
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.
On motion of Rep. LAW, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.
S. 1305 -- Senators McConnell and Rose: A BILL 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
Rep. SHEHEEN asked unanimous consent to recall S. 1309 from the Committee on Ways and Means.
Rep. FULMER objected.
Rep. HARRISON moved to adjourn debate upon the Senate amendments to the following Bill until Wednesday, May 8, 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
Rep. HARRISON moved to adjourn debate upon the Senate amendments to the following Joint Resolution until Tuesday, May 14, which was adopted.
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. SHEHEEN moved that the House recede until 2:15 P.M., which was adopted.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day.
The SPEAKER granted Rep. McMAHAND a leave of absence for the remainder of the day.
The following was received.
Columbia, S.C., May 7, 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. 1033:
S. 1033 -- Senator Jackson: A BILL TO AMEND SUBARTICLE 7, ARTICLE 9, CHAPTER 7, TITLE 20, RELATING TO THE DISPOSITIONAL POWERS OF THE FAMILY COURT, BY ADDING SECTION 20-7-1331, SO AS TO ENACT THE "YOUTH MENTOR ACT", TO REQUIRE THE ATTORNEY GENERAL TO ESTABLISH A YOUTH MENTOR PROGRAM, CONSISTING OF A
Very respectfully,
President
Received as information.