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| The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SCOTT, with unanimous consent, it was ordered that H. 3229 be read the third time tomorrow.
The SPEAKER Pro Tempore granted Rep. KENNEDY a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 3858 -- Reps. Bailey, Rice, Baxley, Limbaugh, Simrill, Clyburn, Mason, Jennings, H. Brown, Moody-Lawrence, Wofford, A. Young, Shissias, Hutson, Dantzler, Williams, Stille, Boan, Law, Rhoad, Davenport, Kirsh, Littlejohn, J. Harris, Wright, Harrell and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1333 SO AS TO AUTHORIZE THE FAMILY COURT TO SUSPEND OR RESTRICT THE DRIVER'S LICENSE OF A CHILD ADJUDICATED DELINQUENT OR FOUND IN CONTEMPT OF COURT OR IN VIOLATION OF A TERM OR CONDITION OF PAROLE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\7847AC.96).
Amend the bill, as and if amended, by adding at the end of SECTION 1, Section 20-7-1333:
/(F) Upon suspending or restricting a child's driver's license under this section, the family court judge shall complete a form provided by and which must be remitted to the Department of Public Safety./ so that when amended the section reads:
/Section 20-7-1333. (A) If a child is adjudicated delinquent for a status offense or is found in violation of a court order relative to a status offense, the court may suspend or restrict the child's driver's license until the child's seventeenth birthday.
(C) If the court suspends the child's driver's license, the child must submit the license to the court and the court shall forward the license to the proper authorities for license suspension.
(D) If the court restricts the child's driver's license, the court may restrict the child's driving privileges to driving only to and from school or to and from work or as the court considers appropriate. Upon the court restricting a child's driver's license, the child must submit the license to the court and the court shall forward the license to the proper authorities for reissuance of the license with the restriction clearly noted.
(E) Notwithstanding the definition of a `child' as provided for in Section 20-7-390, the court may suspend or restrict the driver's license of a child under the age of seventeen until the child's eighteenth birthday if subsection (B) applies.
(F) Upon suspending or restricting a child's driver's license under this section, the family court judge shall complete a form provided by and which must be remitted to the Department of Public Safety./
Amend title to conform.
Rep. MARTIN explained the amendment.
Rep. T. BROWN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
The Reading Clerk read the following House Resolution:
H. 4457 -- Rep. Wilkins: A HOUSE RESOLUTION TO SET THURSDAY, JANUARY 25, 1996, AT 10:30 A.M. AS THE TIME FOR ELECTING A MEMBER TO FILL A VACANCY ON THE HOUSE OPERATIONS AND MANAGEMENT COMMITTEE.
The following names were placed in nomination:
The Members of the House voted by electronic roll call.
The following named Representatives voted for Rep. RHOAD:
Anderson Bailey Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Dantzler Delleney Elliott Gamble Govan Harris, P. Harvin Hines, J. Hines, M. Hodges Howard Hutson Inabinett Kirsh Koon Lloyd Martin Mason McAbee McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Riser Rogers Scott Sheheen Shissias Stille Stoddard Townsend Whatley Whipper, L. Whipper, S. White Wilder Wilkes Williams Witherspoon
The following named Representatives voted for Rep. SANDIFER:
Allison Askins Boan Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Easterday Fleming Hallman Harrell Harris, J. Harrison Haskins Herdklotz Jaskwhich Keegan Kelley Keyserling Kinon Klauber Knotts Lanford Lee
Limbaugh Littlejohn Marchbanks McKay Rice Robinson Sandifer Seithel Simrill Smith, D. Smith, R. Stuart Thomas Tripp Trotter Tucker Vaughn Walker Wells Wilkins Worley Wright Young Young-Brickell
Rep. RHOAD received. . . . .55
Rep. SANDIFER received. . . . .51
Whereupon, the SPEAKER Pro Tempore announced that Rep. RHOAD, having received a majority of the votes cast, was duly elected for the term prescribed by law.
The following Bill was taken up.
H. 3732 -- Reps. Martin, Herdklotz, Meacham, Thomas, Simrill, Stoddard, Fulmer, Witherspoon, Jennings, Stille, Sandifer, Baxley, Robinson, Law, Rice, Davenport, Hallman, Neilson, Delleney and Walker: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES ASSOCIATED WITH A PERSON DRIVING WHILE HIS LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO REVISE THE PENALTY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3452CM.96).
Amend the bill, as and if amended, Section 56-1-460(3), SECTION 1, page 1, by striking beginning on line 30 / imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge / and inserting:
/imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge fined one thousand dollars or imprisoned for not more than six months/
When amended item (3) of Section 56-1-460 reads:
Amend title to conform.
Rep. MARTIN explained the amendment.
Rep. SIMRILL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
S. 189 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-335 SO AS TO PROVIDE THAT CANDIDATES' NAMES IN CERTAIN ELECTIONS BE ARRANGED IN ALPHABETICAL ORDER; AND TO AMEND SECTION 7-13-610, AS AMENDED, RELATING TO BALLOT SPECIFICATIONS IN PARTY PRIMARIES, SO AS TO PROVIDE THAT THE BALLOT MUST CONTAIN THE NAMES OF PERSONS IN ALPHABETICAL ORDER.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2167DW.96).
Amend the bill, as and if amended, SECTION 1, page 1, line 25, by striking /(A)/; line 31 by striking /(B) The provisions of this section do not apply to a partisan election./
When amended, Section 7-13-335 as added by SECTION 1 shall read:
/"Section 7-13-335. The State Election Commission or the local entity responsible for printing general or special election ballots or the arrangement of a ballot by mechanical or electronic means shall conform these ballots to the requirements of Section 7-13-330. The names of candidates in nonpartisan and at-large, multi-seat races must be listed in alphabetical order."/
Amend title to conform.
Rep. CROMER explained the amendment.
Rep. COOPER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
S. 272 -- Senators Alexander, Leventis, O'Dell, Hayes, Rose and Giese: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE THAT SPECIAL ELECTIONS SHALL NOT BE HELD PRIOR TO THE GENERAL ELECTION IF THE DATE FOR THE SPECIAL ELECTION PROVIDED BY THE STATUTORY FORMULA IS WITHIN THIRTY DAYS OF THE GENERAL ELECTION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2169DW.96), which was adopted.
Amend the bill, as and if amended, by striking the title and inserting:
/TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE THAT SPECIAL ELECTIONS SHALL NOT BE HELD PRIOR TO THE GENERAL ELECTION IF THE DATE FOR THE SPECIAL ELECTION PROVIDED BY THE STATUTORY FORMULA IS WITHIN SIXTY DAYS OF THE GENERAL ELECTION./
Amend title to conform.
Rep. CROMER explained the amendment.
The amendment was then adopted.
Rep. CROMER explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that S. 272 be read the third time tomorrow.
The following Bill was taken up.
S. 641 -- Senator Williams: A BILL TO AMEND SECTION 7-5-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLOSING OF REGISTRATION BOOKS BEFORE ELECTIONS, SO AS TO PROVIDE THAT ANY PERSON ELIGIBLE TO REGISTER WHO HAS BEEN DISCHARGED FROM THE ARMED FORCES OR WHO HAS BEEN SEPARATED FROM HIS SERVICE OVERSEAS AND RETURNED HOME TOO LATE TO REGISTER AT THE TIME WHEN REGISTRATION IS REQUIRED IS ENTITLED TO REGISTER FOR THE PURPOSE OF VOTING IN THE NEXT ENSUING ELECTION AFTER THE DISCHARGE OR SEPARATION FROM SERVICE, UP TO 5:00 P.M. ON THE DAY OF THE ELECTION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2168DW.96), which was adopted.
Amend the bill, as and if amended, SECTION 1, page 1, line 40, by striking /overseas/.
When amended Section 7-5-150 as contained in SECTION 1 shall read:
/"Section 7-5-150. The registration books shall be closed thirty days before each election, but only as to that election or any second race or runoff resulting from that election, and shall remain closed until such the election shall have has taken place, anything in this article to the contrary notwithstanding; provided, that the registration books shall be closed thirty days before the June primary and shall remain closed until after the second primary and shall likewise be closed thirty days before the November general election. They shall thereafter be opened from time to time in accordance with the provisions of this article. Any person eligible to register who has been discharged or separated from his service in the Armed Forces of the United States, and returned home too late to register at the time when registration is required, is entitled to register for the purpose of voting in the next ensuing election after the discharge or separation from service, up to 5:00 p.m. on the day of the election. This application for registration must be made at the office of the board of voter registration in the county in which the person wishes to register, and if qualified, the person must be issued a registration notification stating the precinct in which he is entitled to vote and a certification to the managers of the precinct that he is entitled to vote and should be placed on the registration rolls of the precinct. Such persons as shall Persons who become of age during any such this period of thirty days shall be entitled
Amend title to conform.
Rep. CROMER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that S. 641 be read the third time tomorrow.
The following Bill was taken up.
H. 3566 -- Reps. Harrison, Cobb-Hunter, Shissias, Quinn, Govan, Martin, Wright, Thomas, Kinon, Haskins, Allison, Neal and Limbaugh: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 30 SO AS TO ENACT THE JUVENILE JUSTICE CODE BY CONSOLIDATING INTO ONE ARTICLE ALL PROVISIONS OF LAW IN VARIOUS PARTS OF TITLE 20, CHAPTER 7, RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND RELATING TO DELINQUENCY PROCEEDINGS AND PROCEDURES; TO REPEAL SECTIONS 20-7-330, 20-7-340, 20-7-350, 20-7-360, 20-7-370, 20-7-380, 20-7-390, 20-7-430, 20-7-600, 20-7-605, 20-7-620, 20-7-630, 20-7-740, 20-7-770, 20-7-780, 20-7-1330, 20-7-2080, 20-7-2095, 20-7-2105, 20-7-2115, 20-7-2125, 20-7-2135, 20-7-2145, 20-7-2155, 20-7-2170, 20-7-2175, 20-7-2180, 20-7-2185, 20-7-2190, 20-7-2195, 20-7-2200, 20-7-2203, 20-7-2205, 20-7-2210, 20-7-3100, 20-7-3110, 20-7-3120, 20-7-3130, 20-7-3170, 20-7-3180, 20-7-3190, 20-7-3200, 20-7-3210, 20-7-3220, 20-7-3230, 20-7-3235, 20-7-3240, 20-7-3260, 20-7-3270, 20-7-3280, 20-7-3290, 20-7-3300, 20-7-3310, 20-7-3320, 20-7-3330, 20-7-3340, 20-7-3350, 20-7-3360, 20-7-3370, 20-7-3380, AND 20-7-4000, ALL RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND DELINQUENCY PROCEEDINGS AND PROCEDURES IN TITLE 20, CHAPTER 7 WHICH ARE CONSOLIDATED INTO ARTICLE 30 AS PROVIDED ABOVE.
Amend the bill, as and if amended, Section 20-7-6845(4), page 7, line 18, after /facilities./ by inserting: /Transportation of the juvenile to and from a facility is the responsibility of the law enforcement agency having jurisdiction where the offense was committed. Transportation of juveniles between department facilities, if necessary, is the responsibility of the department./ so that when amended, item (4) reads:
/(4) providing juvenile detention services for juveniles charged with having committed a criminal offense who are found, after a detention screening or detention hearing, to require detention or placement outside the home pending an adjudication of delinquency or dispositional hearing. Detention services provided by the department for the benefit of the counties of this State must include secure juvenile detention centers. The size and capacity of the juvenile detention facilities needed must be determined by the department after its consideration and review of American Correctional Association standards for the design, construction, and operation of juvenile detention facilities. These recognized national standards must be met or exceeded by the department in determining the size and capacity of the juvenile detention centers and in planning for the construction and operation of the facilities. The department shall determine and announce the anticipated maximum operational capacity of each facility and shall contact each county governmental body in this State for the purpose of determining which counties anticipate utilizing these facilities upon each facility becoming operational. The department shall inform each county governmental body of the existing state and federal laws regarding the confinement of juveniles charged with committing criminal offenses, of each county's ability to develop its own facility or to contract with other counties for the development of a regional facility, and of the availability of the department's facilities. This notice must be provided to each county for the purpose of determining which county governmental bodies desire to enter into an intergovernmental agreement with the department for the detention of juveniles from their particular county who are charged with committing a criminal offense for which pretrial detention is both authorized and appropriate. No later than September 1, 1993, the department shall report to the Budget and Control Board on the strategy of each county to comply with requirements of counties under this article. The department must include with its report a plan for the construction and the operation of those facilities which are projected to be necessary for the preadjudicatory detention of juveniles in this State. No later than September first of each subsequent year, the
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