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| A referendum for this purpose may not be held more often than once in forty-eight months.
The expenses of any such referendum must be paid by the county or municipality conducting the referendum."
SECTION 3. In a county in which temporary permits may be issued pursuant to Section 61-5-180, revenue generated by the fees imposed under that section within a county where a federal military base or installation has been closed, or is designated to be closed and where the federal facility has reduced its permanent civilian employment by seven hundred fifty or more jobs, but not more than two thousand nine hundred ninety-nine jobs, after December 31, 1990, for a period of three years beginning July 1, 1997, must be credited to a special separate and distinct account with the Budget and Control Board for support of a redevelopment authority created therein pursuant to Chapter 12 of Title 31.
SECTION 4. Section 1 of this act takes effect July 1, 1996, and Sections 2 and 3 of this act take effect July 1, 1997./
Amend title to conform.
Rep. KELLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 926 -- Senators Patterson, Giese, Gregory and Mescher: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO CONFIDENTIALITY OF RECORDS, NAMES, PICTURES, AND FINGERPRINTS OF JUVENILES CHARGED WITH COMMITTING A CRIME, SO AS TO PROVIDE THAT THE NAME, IDENTITY, OR PICTURE OF A CHILD MAY BE MADE PUBLIC BY A NEWSPAPER OR RADIO OR TELEVISION STATION IF THE CHILD IS CHARGED WITH A VIOLENT CRIME, GRAND LARCENY OF A MOTOR VEHICLE, A CRIME IN WHICH A WEAPON WAS USED, OR DISTRIBUTION OR TRAFFICKING IN UNLAWFUL DRUGS.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 16-11-330 of the 1976 Code, as amended by Act 7 of 1995, is further amended to read:
"Section 16-11-330. (A) A person convicted for the crime of who commits robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum term of not less than ten years nor or more than thirty years, no part of which may be suspended or probation granted. A person convicted under the provisions of this subsection is not eligible for parole until he the person has served at least seven years of his the sentence.
(1) A person under the age of twenty-one sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act) convicted of armed robbery shall receive and serve a minimum sentence of at least three years, no part of which may be suspended. The person is not eligible for parole or probation until he has served a three-year minimum sentence.
(2) A person between the ages of twenty-one and twenty-five, who is convicted of armed robbery, may not be sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act).
(B) A person convicted for who commits attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years."
SECTION __. Section 20-7-2170(E) of the 1976 Code, as amended by Act 83 of 1995, is further amended to read:
"(E) A juvenile committed to the Department of Juvenile Justice following an adjudication for a violent offense contained in Section 16-1-60 or for the offense of assault and battery of a high and aggravated nature, who has not been paroled or released from the custody of the department by his seventeenth birthday, must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections. A juvenile who has not been paroled or released from the custody of the department by his nineteenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections at age nineteen. If not released sooner by the Department of Corrections Board of Juvenile Parole, a transferred juvenile
(F) Notwithstanding the above provision, A juvenile committed as an adult offender by order of the Court of General Sessions shall must be considered for parole or other release according to the laws pertaining to release of adult offenders."
SECTION __. Section 20-7-2195 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"Section 20-7-2195. (A) The Department of Juvenile Justice, when authorized by an order of any a circuit judge, shall, after notice to the Department of Corrections, temporarily shall transfer temporarily to the custody of the Youthful Offender Division any a child who has been committed to the custody of the department who is more than seventeen years of age and whose presence in such the custody of the Department of Juvenile Justice appears to be seriously detrimental to the welfare of others in such custody. The director of the Department of Corrections shall receive such these children as may be transferred thereto as herein provided and properly care for them. Each child thus transferred to the Youthful Offender Division shall be held therein there, is subject to all the rules and discipline of the division. Children transferred to the Youthful Offender Division pursuant to this section shall are under the authority of the division and but are subject to release according to the division's policies and procedures by the Board of Juvenile Parole.
(B) The Youthful Offender Division shall at least quarterly shall make recommendations to the parole board concerning possible release of each child so transferred to the department or his the child's return to institutions of the Department of Juvenile Justice."
SECTION __. Section 24-19-10(d) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"(d) )`Youthful offender' means an offender who is:
(i) under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-430, who is sixteen years of age and has been charged with a Class A, B, C, or D felony for allegedly committing an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class E or F felony, as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of less than fifteen years or more, or
(ii) who is seventeen but less than twenty-five years of age at the time of conviction for an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class E or F felony or a
SECTION __. Section 24-19-50 of the 1976 Code is amended to read:
"Section 24-19-50. In the event of a conviction of a youthful offender the court may:
(a)(1) suspend the sentence and place the youthful offender on probation.;
(b)(2) release the youthful offender to the custody of the division prior to before sentencing for an observation and evaluation period of not more than sixty days. The observation and evaluation will must be conducted by the Reception and Evaluation Center operating under joint agreement between the Department of Vocational Rehabilitation and the Department of Corrections and the findings, along with and recommendations for sentencing, shall must be returned with the youthful offender to the court for sentencing.;
(c)(3) if the offender is under the age of twenty-one, without his consent, sentence the youthful offender indefinitely to the custody of the department for treatment and supervision pursuant to this chapter until discharged by the division, the period of such custody not to be in excess of exceed six years. If the offender is twenty-one years of age but less than twenty-five years of age, he may be sentenced in accordance with the above procedure this item if he consents thereto in writing. No youthful offender shall be sentenced more than twice under the provisions of this chapter.;
(d)(4) if the court shall find finds that the youthful offender will not derive benefit from treatment, then the court may sentence the youthful offender under any other applicable penalty provision. The youthful offender shall must be placed in the custody of the department.;
(5) not sentence a youthful offender more than once under this chapter."/
Renumber sections to conform.
Amend title to conform.
Rep. LIMBAUGH explained the amendment.
Rep. L. WHIPPER moved to adjourn debate upon the Bill until Wednesday, May 22.
Rep. COOPER moved to table the motion.
Those who voted in the affirmative are:
Allison Boan Cain Cato Cooper Dantzler Davenport Easterday Fleming Fulmer Gamble Hallman Harrell Harris, J. Herdklotz Hutson Jaskwhich Keegan Kelley Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Martin Mason McAbee McCraw McKay Meacham Neilson Quinn Rhoad Rice Riser Robinson Sandifer Seithel Simrill Smith, D. Smith, R. Spearman Stille Stoddard Tripp Tucker Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young-Brickell
Those who voted in the negative are:
Anderson Bailey Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cotty Cromer Delleney Govan Harvin Hines, J. Hines, M. Inabinett Jennings Keyserling Kirsh Lee Lloyd McMahand McTeer Moody-Lawrence Scott Shissias
Stuart Whipper, L. Whipper, S. White Wilder Williams
So, the motion to adjourn debate was tabled.
Rep. SCOTT raised the Point of Order that Amendment No. 1 was out of order as it was not germane as the Bill dealt with finger printing, records, names and pictures and the amendment dealt with changing the Code in terms of time given in sentences for juveniles.
Rep. LIMBAUGH argued contra the Point in that stating that both the Bill and the amendment dealt with juvenile crime.
The SPEAKER stated that under Rule 9.3 that it was not germane and he sustained the Point of Order and ruled the amendment out of order.
Rep. TUCKER moved to recommit the Bill to the Committee on Judiciary, which was not agreed to by a division vote of 11 to 64.
The Bill was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. TUCKER moved that the House recur to the morning hour, which was agreed to by a division vote of 42 to 17.
The following was introduced:
H. 5050 -- Rep. Tucker: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING ELECTRIC CITY PRINTING COMPANY OF ANDERSON ON BEING AWARDED THE CONTRACTS TO PRINT COMPETITION NUMBERS FOR THE 1996 OLYMPICS AND FOR THE 1996 ATLANTA PARALYMPIC GAMES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 1327 -- Senators Holland, McGill and Giese: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT THE GOVERNOR SHALL NOT REAPPOINT A CURRENT MAGISTRATE WHO FAILED TO MEET THE TRAINING OR CERTIFICATION REQUIREMENTS TO A NEW TERM OR TO FILL A VACANCY IN AN EXISTING TERM.
Rep. D. SMITH explained the Bill.
S. 1152 -- Senator Fair: A BILL TO AMEND SECTION 16-15-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON CERTAIN CHILDREN, SO AS TO REVISE THE AGES OF A VICTIM AND A PERPETRATOR OF THIS OFFENSE.
Rep. MARTIN explained the Bill.
S. 1306 -- Senator Giese: A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARREST OF AND BAIL FOR PERSONS APPREHENDED BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE FOR AN OFFICIAL SUMMONS TO BE USED BY THE OFFICERS FOR CERTAIN OFFENSES AND REVISE THE PROVISIONS FOR ARREST AND BAIL.
Rep. MARTIN explained the Bill.
H. 5027 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO CONTINUING PROFESSIONAL COMPETENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1912, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BAILEY explained the Joint Resolution.
Rep. SHARPE explained the Bill.
Rep. TUCKER moved to adjourn debate upon the following Bill until Wednesday, May 22, which was adopted.
S. 1286 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES; TO PROVIDE THAT A PERSON WHO HAS BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES WHO APPLIES FOR EMPLOYMENT AT OR IS EMPLOYED BY A DAY CARE CENTER IS GUILTY OF A MISDEMEANOR, AND TO REQUIRE AN EMPLOYMENT APPLICATION TO INCLUDE A STATEMENT NOTIFYING AN APPLICANT OF THIS CRIMINAL OFFENSE; TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS; TO ALLOW TEMPORARY OR PROVISIONAL EMPLOYMENT PENDING RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION FINGERPRINT REVIEW IN CERTAIN CIRCUMSTANCES; TO PROVIDE THAT THE CRIMINAL HISTORY REVIEWS APPLY TO AN EMPLOYEE OR VOLUNTARY CAREGIVER OF A DAY CARE CENTER, GROUP DAY CARE HOME, FAMILY DAY CARE HOME, OR CHURCH OR RELIGIOUS DAY CARE CENTER WHO PROVIDES CARE TO A CHILD WITHOUT THE DIRECT PERSONAL SUPERVISION OF A PERSON LICENSED, REGISTERED, OR APPROVED UNDER THIS SUBARTICLE AND TO OTHER EMPLOYEES OR VOLUNTEERS WHO HAVE DIRECT ACCESS TO A CHILD OUTSIDE THE
The following Joint Resolution was taken up.
S. 82 -- Senators McConnell, Rose and Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 9, Article III of the Constitution of this State be amended to read:
"Section 9. The annual session of the General Assembly heretofore elected, fixed by the Constitution of the year Eighteen hundred and Sixty-eight to convene on the fourth Tuesday of November, in the year
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Shall Section 9, Article III of the Constitution of this State be amended so as to provide for annual sessions of the General Assembly commencing
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