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

Page Finder Index
| Printed Page 340, Jan. 25 | Printed Page 360, Jan. 25 |
Printed Page 350 . . . . . Thursday, January 25, 1996
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./

Amend further, Section 20-7-6845(5), page 7, lines 20 and 41, by deleting /twenty-four/ and inserting /forty-eight/ so that when amended, item (5) reads:

/(5) Each secure facility which detains preadjudicatory youth longer than forty-eight hours, excluding weekends and state holidays, regardless of ownership or management, must have sufficient personnel to provide uninterrupted supervision and to provide administrative, program, and support requirements. Each of these facilities must have a minimum of two juvenile custodial officers on duty each shift, fully dressed, awake, and alert to operate the facility. At least one person shall directly supervise the juveniles at all times. At least one female juvenile custodial officer must be present and available to the female detention population at all times. Staff on duty must be sufficient to provide for a juvenile-staff ratio of no more than a maximum of eight juveniles to each custody staff person, excluding administrative, program, and other support staff. Staff shall prepare further a facility schedule of preplanned, structured, and productive activities. Schedules must be developed which include designated times for sleeping, dining, education, counseling, recreation, visitation, and personal time. Daily schedules should minimize idleness and promote constructive use of the juvenile's day. The Department of Juvenile Justice shall provide educational programs and services to all preadjudicatory juveniles in its custody. County and regionally operated facilities shall provide these services to all preadjudicatory juveniles who are detained locally for more than forty-eight hours, excluding weekends and state holidays, by contracting with the Department of Juvenile Justice or by arranging the services through the local school district in which the facility is located. Services which are arranged locally must be approved by the Department of Juvenile Justice as meeting all criteria developed under the authority of Section 20-7-6855./

Amend further, Section 20-7-6845(6), page 8, line 17, by deleting /twenty-four/ and inserting /forty-eight/ so that when amended, item (6) reads:

/(6) A county or regional subdivision may provide temporary holdover facilities for juveniles only if the facilities comply with this section and with all standards created under the provisions of Section 24-9-20, which must be monitored and enforced by the Jail and Prison Inspection Division of the South Carolina Department of Corrections pursuant to its authority

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under Sections 24-9-20 and 24-9-30. The standards shall provide for the regulation of temporary holdover facilities with regard to adequate square footage, juvenile accommodations, access to bathroom facilities, lighting, ventilation, distinctions between secure and nonsecure temporary holdover facilities, staffing qualifications, and additional requirements as may be specified. These facilities may hold juveniles during the period between initial custody and the initial detention hearing before a Family Court Judge for a period up to forty-eight hours, excluding weekends and state holidays./

Amend further, Section 20-7-7205 (C), page 13, line 16, by deleting /Section 20-7-6855/ and inserting /Section 20-7-8510/ so that when amended, subsection (C) reads:

/(C) When a child is taken into custody by a law enforcement officer for an offense which would be a misdemeanor or felony if committed by an adult, not including a traffic or wildlife violation over which courts other than the Family Court have concurrent jurisdiction as provided in Section 20-7-410, the law enforcement officer also shall notify the principal of the school in which the child is enrolled, if any, of the nature of the offense. This information may be used by the principal for monitoring and supervisory purposes but otherwise must be kept confidential by the principal in the same manner required by Section 20-7-8510./

Amend further, Section 20-7-7210(D), page 14, line 31, by deleting /twenty-four/ and inserting /forty-eight/ so that when amended, subsection (D) reads:

/(D) Temporary holdover facilities may hold juveniles during the period between initial custody and the initial detention hearing before a Family Court Judge for a period up to forty-eight hours, excluding weekends and state holidays./

Amend further, Section 20-7-7810, by deleting subsection (F), beginning on page 24, line 40, and inserting:

/(F) Notwithstanding Section 20-7-2170, a child who is guilty of a violation of law or other misconduct which would not be a criminal offense if committed by an adult, a child who has been found in contempt of court for violation of a court order related to a violation of law or other misconduct which would not be a criminal offense if committed by an adult, or a child who violates the conditions of probation for a violation of law or other misconduct which would not be a criminal offense if committed by an adult may be committed to the custody of a correctional institution operated by the Department of Juvenile Justice or to secure evaluation centers operated by the department for a determinate period not

Printed Page 352 . . . . . Thursday, January 25, 1996
to exceed ninety days; however, a chid committed under this section may not be confined with a child who has been determined by the department to be violent./

Amend further, Section 20-7-8005, page 25, line 43, after /State/ by inserting /except as otherwise provided by law/ so that when amended, Section 20-7-8005 reads:

/Section 20-7-8005. From the time of lawful reception of a child by the Department of Juvenile Justice and during the child's stay in custody in a correctional institution, facility, or program operated by the department, the child shall be under the exclusive care, custody, and control of the department. All expenses must be borne by the State except as otherwise provided by law./

Amend 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.

H. 3566--ORDERED TO BE READ

THIRD TIME TOMORROW

On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 3566 be read the third time tomorrow.

SPEAKER IN CHAIR

H. 4284--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4284 -- Reps. McAbee and Harrison: A BILL TO AMEND SECTION 15-49-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICATION FOR A NAME CHANGE, SO AS TO REQUIRE THE PERSON TO SUBMIT A CERTIFIED COPY OF HIS BIRTH CERTIFICATE AND TO PROHIBIT PETITIONING FOR A NAME CHANGE IF THE PERSON IS INCARCERATED, ON PROBATION, OR PAROLE.

Printed Page 353 . . . . . Thursday, January 25, 1996
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\7846AC.96), which was adopted.

Amend the bill, as and if amended, Section 15-49-10(A) page 1, line 27, by deleting /a certified copy of the person's birth certificate,/ so that when amended, Section 15-49-10(A) reads:

/(A) A person who desires to change his name may petition, in writing, a family court judge in the appropriate circuit, setting forth the reason for the change, his age, his place of residence and birth, and the name by which he desires to be known. However, no person may petition a family court judge for a name change while the person is incarcerated in the South Carolina Department of Corrections, on probation, or parole./

Amend title to conform.

Rep. KLAUBER explained the amendment.

The amendment was then adopted.

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

H. 4284--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. KLAUBER, with unanimous consent, it was ordered that H. 4284 be read the third time tomorrow.

RECURRENCE TO THE MORNING HOUR

Rep. HARRISON moved that the House recur to the morning hour, which was agreed to.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4501 -- Reps. Fleming, Mason, G. Brown, Seithel, Clyburn, S. Whipper, Sandifer, Stoddard, L. Whipper, Vaughn, Littlejohn, Cato, Elliott and R. Smith: A BILL 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 EXCLUDE FROM THE DEFINITION OF "DELINQUENT DEBT" SUMS OWED A COUNTY HOSPITAL WHEN THE HOSPITAL AND THE DEBTOR HAVE ENTERED INTO

Printed Page 354 . . . . . Thursday, January 25, 1996
A PAYMENT PLAN AND THE DEBTOR IS CURRENT IN MEETING THE OBLIGATIONS OF THE PLAN.

Referred to Committee on Judiciary.

H. 4502 -- Reps. Simrill, Herdklotz, Cain, Sandifer, Haskins, Meacham, Hallman, Trotter, Cato and R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-85 SO AS TO PROVIDE THAT MARRIAGES BETWEEN PERSONS OF THE SAME SEX VALID IN ANOTHER STATE ARE VOID IN SOUTH CAROLINA.

Referred to Committee on Judiciary.

H. 4503 -- Rep. Davenport: A BILL TO AMEND SECTIONS 4-9-1210 AND 5-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INITIATIVE AND REFERENDUM PROCEDURE AFFECTING COUNTY AND MUNICIPAL ORDINANCES, SO AS TO DELETE THE EXCEPTION OF AN ORDINANCE APPROPRIATING MONEY OR AUTHORIZING THE LEVY OF TAXES AND GIVE CITIZENS A SIXTY-DAY PERIOD TO COMMENT ON THE ANNUAL BUDGET.

Referred to Committee on Judiciary.

H. 4504 -- Reps. Whatley, Seithel, Littlejohn, L. Whipper, S. Whipper, Fulmer, Hallman, Phillips, Hutson, Knotts, Harrell, McCraw, Breeland and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-350 SO AS TO AUTHORIZE THE GOVERNING BODY OF A PUBLIC SERVICE DISTRICT WHICH PROVIDES ONLY SEWER SERVICES AND A MAJORITY OF WHICH IS LOCATED WITHIN THE CORPORATE BOUNDARIES OF A MUNICIPALITY TO TRANSFER ITS ASSETS AND LIABILITIES TO A MUNICIPALITY UPON THE ASSUMPTION BY THE MUNICIPALITY OF THE RESPONSIBILITIES OF THE DISTRICT AND A FAVORABLE REFERENDUM OF THE QUALIFIED ELECTORS OF THE DISTRICT.

Referred to Committee on Judiciary.

H. 4505 -- Reps. Klauber, Wilder, Limehouse, McAbee, Lloyd, Stoddard, Young-Brickell, Williams, Inabinett, Neal, R. Smith, Askins, White, Scott and Shissias: A BILL TO AMEND SECTION 56-3-1820, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR NATIONAL

Printed Page 355 . . . . . Thursday, January 25, 1996
GUARD MEMBERS, SO AS TO ELIMINATE THE THIRTY DOLLAR BIENNIAL FEE.

Referred to Committee on Education and Public Works.

H. 4506 -- Rep. Delleney: A BILL TO AMEND SECTION 7-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN CHESTER COUNTY SO AS TO DELETE ALL REFERENCES TO SPECIFIC POLLING PLACES AND AUTHORIZE THE CHESTER COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE CHESTER COUNTY LEGISLATIVE DELEGATION TO DETERMINE THE POLLING PLACES.

On motion of Rep. DELLENEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

REPORT OF STANDING COMMITTEE

Rep. DELLENEY, from the Chester Delegation, submitted a favorable report, on:

S. 938 -- Senator Short: A BILL TO PROVIDE THAT THE MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD AT THE SAME TIME AS THE GENERAL ELECTION.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4507 -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION CONGRATULATING THE BLACKVILLE-HILDA HAWKS FOOTBALL TEAM OF BARNWELL COUNTY ON WINNING THE 1995 STATE CLASS A FOOTBALL CHAMPIONSHIP.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

H. 4398--POINT OF ORDER

The following Bill was taken up.

H. 4398 -- Reps. Harrison, Cromer, Jennings, Hutson, Bailey and Allison: A BILL TO AMEND TITLE 40, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO

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AS TO REQUIRE A RETAILER TO KEEP A RECORD OF THE SOURCE OF NEW MERCHANDISE THAT THE RETAILER OFFERS FOR SALE, TO SPECIFY THE TYPE OF RECORD OR DOCUMENTATION THAT IS REQUIRED, TO PROVIDE THAT THE MERCHANDISE MAY BE CONFISCATED BY A LAW ENFORCEMENT OFFICER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXEMPTIONS, AND TO PROVIDE A PENALTY FOR VIOLATION.

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 day.

The SPEAKER sustained the Point of Order.

H. 4054--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4054 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT THE PROVISIONS OF TITLE 42, WORKERS' COMPENSATION, APPLY TO AND INCLUDE ALL PARTICIPANTS IN THE TECH PREP PROGRAM, WHETHER COMPENSATED OR NOT, WHILE THEY ARE ON THE PREMISES OF A PARTICIPATING EMPLOYER, AND BY ADDING SECTION 42-1-55 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION RATE FOR TECH PREP PROGRAM PARTICIPANTS SHALL BE FIFTY PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR OR THE SAME RATE THAT THE EMPLOYER PAYS TO COMPARABLE EMPLOYEES, AND REQUIRE THE WORKERS' COMPENSATION COMMISSION TO ENFORCE THIS SECTION BY THE PROMULGATION OF APPROPRIATE REGULATIONS.

The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10520JM.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:

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"Section 42-1-315. The provisions of this title apply to and include all participants in the Tech Prep or other structured school to work programs, whether compensated or not, for injuries by accident arising out of and in the course of their employment with a sponsoring employer in the Tech Prep Program."

SECTION 2. The last unnumbered paragraph of Section 42-7-65 of the 1976 Code, as last amended by Act 16 of 1991, is further amended to read:

"The average weekly wage for inmates of the State Department of Corrections as defined in Section 42-1-480 is forty dollars a week. The average weekly wage for county prisoners is forty dollars a week. The average weekly wage for students of high schools, state technical schools, and state-supported colleges and universities while engaged in work study, distributive education, or apprentice programs on the premises of private companies or while engaged in the Tech Prep or other structured school to work programs on the premises of a sponsoring employer is fifty percent of the average weekly wage in the State for the preceding fiscal year."

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. YOUNG-BRICKELL explained the amendment.

Reps. McELVEEN and CLYBURN spoke in favor of the amendment.

The amendment was then adopted.

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

H. 4054--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CATO, with unanimous consent, it was ordered that H. 4054 be read the third time tomorrow.

H. 4490--POINT OF ORDER

The following Bill was taken up.

H. 4490 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-775 SO AS TO REQUIRE THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY TO DEVELOP AND FILE PHYSICAL DAMAGE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES; TO AMEND SECTIONS

Printed Page 358 . . . . . Thursday, January 25, 1996
37-2-202 AND 37-3-202, BOTH AS AMENDED, RELATING TO ADDITIONAL CHARGES A CREDITOR AND CONSUMER LENDER, RESPECTIVELY, MAY CHARGE, SO AS TO REQUIRE THAT WHEN SINGLE INTEREST COLLISION COVERAGE IS WRITTEN IN CONNECTION WITH THE PURCHASE OF A MOTOR VEHICLE, NOTICE MUST BE GIVEN THAT THE COVERAGE IS FOR THE BENEFIT OF THE CREDITOR AND OF OTHER OPTIONS AVAILABLE TO THE BUYER; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE PURPOSES OF THE AUTOMOBILE INSURANCE CHAPTER, SO AS TO CLARIFY THAT THE PURPOSES APPLY TO THE BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY AUTOMOBILE INSURANCE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER AUTOMOBILE INSURANCE, SO AS TO ADD THE DEFINITION OF "FACILITY PHYSICAL DAMAGE RATE"; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE REQUIREMENT TO WRITE AUTOMOBILE INSURANCE, SO AS TO CLARIFY THAT THIS REQUIREMENT APPLIES TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY COVERAGES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN COVERAGE REQUIREMENTS, TO ALLOW RATHER THAN REQUIRE INSURERS TO MAKE AVAILABLE COLLISION COVERAGE AND COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE, TO AUTHORIZE CEDING PHYSICAL DAMAGE INSURANCE COVERAGE TO THE FACILITY, TO PROHIBIT DISCRIMINATION ON CERTAIN GROUNDS IN DETERMINING RATES OR WHETHER TO WRITE OR RENEW COVERAGE, AND TO PROVIDE PENALTIES AND TO AMEND SECTION 38-77-920, AS AMENDED, RELATING TO DUTIES AND RIGHTS OF INSURERS AND AGENTS, SO AS TO CLARIFY THAT AUTOMOBILE INSURANCE REFERS TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY.

POINT OF ORDER

Rep. CATO 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.

Printed Page 359 . . . . . Thursday, January 25, 1996
SENT TO THE SENATE

The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.

H. 3628 -- Reps. Thomas, Moody-Lawrence, Cobb-Hunter, Richardson, T. Brown, Knotts, Keegan, Wright, J. Harris, Gamble, J. Young, P. Harris, Baxley, Townsend, Dantzler, Witherspoon, Stille, Law, Scott, Riser and Cotty: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE STATE LAW RELATING TO THE REQUIREMENTS FOR THE TRANSPORTATION, POSSESSION, AND CONSUMPTION OF ALCOHOLIC LIQUORS IN MINIBOTTLES AND TO EXAMINE AMENDMENTS TO STATE LAW PERTAINING TO ALCOHOLIC LIQUOR BY THE DRINK.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. HARRISON.

Rep. SHEHEEN moved that the House do now adjourn.

Rep. SIMRILL demanded the yeas and nays, which were not ordered.

The motion to adjourn was agreed to by a division vote of 61 to 23.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4499 -- Rep. Gamble: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED CAREER IN PUBLIC SERVICE OF MR. MILTON W. (MILT) DUFFORD OF THE DEPARTMENT OF PUBLIC SAFETY UPON HIS RETIREMENT AS DIRECTOR OF THE DIVISION OF MOTOR VEHICLES AND EXTENDING TO HIM THEIR BEST WISHES FOR A HAPPY, HEALTHY, AND PRODUCTIVE RETIREMENT.

H. 4507 -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION CONGRATULATING THE BLACKVILLE-HILDA HAWKS FOOTBALL TEAM OF BARNWELL COUNTY ON WINNING THE 1995 STATE CLASS A FOOTBALL CHAMPIONSHIP.

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