Printed Page 1790, Apr. 23
| Printed Page 1810, Apr. 23
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Printed Page 1790, Apr. 23
| Printed Page 1810, Apr. 23
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Columbia, S.C., April 18, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 699 -- Senator Richter: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
asks for a Committee of Conference, and has appointed Reps. Harrell, McKay and White of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT appointed Senators MARTIN, RICHTER and ALEXANDER of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., April 17, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT appointed Senators McCONNELL, MOORE and PASSAILAIGUE of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3742 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-212 SO AS TO PROVIDE CRIMINAL PENALTIES FOR PERFORMING DENTISTRY, DENTAL HYGIENE, OR DENTAL TECHNOLOGICAL WORK IN VIOLATION OF TITLE 40, CHAPTER 15; AND TO AMEND SECTIONS 40-15-120, 40-15-150, AND 40-15-340, ALL RELATING TO CRIMINAL PENALTIES FOR SPECIFIC VIOLATIONS, SO AS TO INCREASE THE MAXIMUM FINE FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 3746 -- Reps. Carnell, Klauber and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-90 SO AS TO AUTHORIZE MUZZLELOADER HUNTS IN GAME ZONE 2.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 1122 -- Senator Giese: A JOINT RESOLUTION EXTENDING THE DEADLINE FOR APPLYING FOR AGRICULTURAL USE VALUATION FOR PROPERTY TAX YEAR 1995 THROUGH JULY 1, 1996.
S. 778 -- Senator Thomas: A BILL TO AMEND SECTION 17-22-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT TO BE CONSIDERED FOR ADMISSION TO THE PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT A PERSON CHARGED WITH COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT ON A CHILD UNDER FOURTEEN YEARS OF AGE MAY NOT BE CONSIDERED FOR ADMISSION INTO THE PROGRAM.
S. 1124 -- Senator Fair: A BILL TO AMEND SECTION 16-3-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO REVISE THE AGE OF A VICTIM OF THIS OFFENSE.
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.
S. 1051 -- Senators Bryan and Giese: A BILL TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-345 SO AS TO PROVIDE THAT A PARENT MAY BE SUBJECT TO CRIMINAL PENALTY OR IMPRISONMENT FOR IMPROPER SUPERVISION OF A MINOR CHARGED WITH A CRIMINAL ACT WHEN SUCH NEGLECT IS A PROXIMATE CAUSE OF THE FURTHER DELINQUENCY OF THE MINOR; AND TO AMEND SECTION 20-7-400 SO AS TO PROVIDE THE FAMILY COURT WITH EXCLUSIVE JURISDICTION OVER THE PARENTS IN MATTERS ARISING OUT OF SECTION 20-7-345.
The following Bills and Joint Resolution having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
S. 1362 -- Senator Ryberg: A BILL TO PROHIBIT THE CITY OF AIKEN, BY CONTRACT OR OTHERWISE, FROM REQUIRING PERSONS OUTSIDE THE CITY RECEIVING WATER, SEWER, OR FIRE PROTECTION SERVICES TO REFRAIN FROM OPPOSING ANNEXATION AS A CONDITION OF CONTINUED RECEIPT OF WATER, SEWER, OR FIRE PROTECTION SERVICES, IF THE CITY EXTENDED WATER, SEWER, OR FIRE PROTECTION SERVICES TO THE PERSON PRIOR TO JANUARY 1, 1995, WITHOUT SUCH A REQUIREMENT.
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 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
Senator McCONNELL explained the Bill.
H. 4585 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-275 SO AS TO PROVIDE THAT NO INSURANCE POLICY WHICH PROVIDES COVERAGE FOR DRUGS SHALL EXCLUDE COVERAGE OF CERTAIN DRUGS USED FOR THE TREATMENT OF CANCER ON THE GROUNDS THAT THE DRUG HAS NOT BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE SPECIFIC TYPE OF CANCER FOR WHICH THE DRUG HAS BEEN PRESCRIBED, AND TO PROVIDE FOR RELATED MATTERS.
Senators SALEEBY and McCONNELL explained the Bill.
S. 1361 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO UNIFORM CLASSIFICATION AND TERRITORIAL PLAN, AUTOMOBILE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1929, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4382 -- Reps. Harrison, Herdklotz, J. Young, Jennings, Riser and Allison: A BILL TO AMEND SECTION 20-4-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDERS FOR PROTECTION FROM DOMESTIC ABUSE, SO AS TO CONFORM
H. 4716 -- Reps. D. Smith, Tucker, Jennings and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-1015 SO AS TO MAKE AGREEMENTS BETWEEN A BEER WHOLESALER AND AN IMPORTER OF BEER PRODUCED BY A BREWER OUTSIDE OF THE UNITED STATES BINDING ON ANY SUCCESSOR IMPORTER OF BEER PRODUCED BY THAT FOREIGN BREWER AND TO GIVE THIS PROVISION PROSPECTIVE APPLICATION.
Senator COURTNEY explained the Bill.
H. 4727 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE TAKING OF STRIPED BASS LESS THAN TWENTY-ONE INCHES UNDER CERTAIN CONDITIONS, SO AS TO FURTHER PROVIDE FOR THOSE RIVERS, RESERVOIRS, AND THEIR TRIBUTARIES WHERE IT IS UNLAWFUL TO TAKE OR POSSESS STRIPED BASS LESS THAN TWENTY-ONE INCHES.
S. 929 -- Senators McConnell, Ryberg and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-285 SO AS TO PROVIDE A PROCEDURE FOR THE REDUCTION OF THE CORPORATE LIMITS OF A MUNICIPALITY WHEN A FREEHOLDER'S PROPERTY HAS BEEN ANNEXED BY THAT MUNICIPALITY USING THE METHOD OF ANNEXATION PROVIDED IN SECTION 5-3-150, UNDER CERTAIN CONDITIONS, AND PROVIDE A PROCEDURE BY WHICH THE FREEHOLDER'S PROPERTY MAY BE ANNEXED BY ANOTHER MUNICIPALITY IF IT IS CONTIGUOUS OR REVERT TO BEING UNINCORPORATED PROPERTY.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND SECTION 5-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENT UPON TERMS OF CONSOLIDATION, SO AS TO PROVIDE THAT WHEN THE CORPORATE LIMITS OF ANY MUNICIPALITY ARE ENLARGED BY INCLUSION OF TERRITORY OF ANOTHER ADJACENT MUNICIPALITY IN WHOLE OR IN PART, THE GOVERNING BODIES OF THE MUNICIPALITIES MAY, AFTER PUBLIC HEARING, STIPULATE AND AGREE UPON TERMS OF CONSOLIDATION OR BOUNDARY ADJUSTMENT BY ORDINANCE ADOPTED BY EACH MUNICIPALITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 5-3-40 of the 1976 Code is amended to read:
"Section 5-3-40. Whenever it is proposed to extend the corporate limits of any city or town in this State municipality under the provisions of this chapter when the territory proposed to be annexed be in whole or in part an incorporated municipality the city or town and such adjacent territory may stipulate and agree upon terms of consolidation, and such stipulations shall become a binding contract upon the city or town when enlarged, if such stipulations shall be printed in full, or fully identified by reference to some easily accessible publication in full thereof, on the ballots used at the election held under the provisions of this chapter both in the city or town seeking enlargement and in the territory or portion of the territory sought to be included by inclusion of territory of another adjacent municipality in whole or in part, the governing bodies of the municipalities may, after public hearing, stipulate and agree upon terms of consolidation or boundary adjustment by ordinance adopted by each municipality, which shall be binding upon the enlarged municipality, and the consolidation or adjustment shall be effective on the date of adoption of the final ordinance."
SECTION 2. This act takes effect upon approval by the Governor./
Senators COURTNEY and McCONNELL explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator BRYAN proposed the following amendment (3566R001.JEB), which was adopted:
Amend the committee report, as and if amended, Section 20-7-8040, page 3566-2, line 16, by striking line 16 and inserting the following:
/when the child is committed to or detained in the custody of an approved local/.
Renumber sections to conform.
Amend title to conform.
Senator BRYAN explained the amendment.
Amend the bill, as and if amended, Article 30, subarticle 9, page 19, by inserting after line 12:
/Section 20-7-7420. Notwithstanding Title 17, Chapter 3, Defense of Indigents, in determining indigence for the purpose of appointing legal counsel for a child in a delinquency proceeding, the court shall determine the financial ability of the child's parents to retain counsel for the child. If the court determines that the parents are able to retain counsel for the child but the parents refuse to retain counsel and the court appoints counsel, the parents shall reimburse the Indigent Defense Fund in an amount to be determined by the court./
Amend further, Section 20-7-7810, page 24, beginning on line 35, by deleting subsection (E) and inserting:
/(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, a transferred juvenile must be released by his twenty-first birthday according to the provisions of his commitment. Notwithstanding the above provision, a juvenile committed as an adult offender by order of the Court of General Sessions shall be considered for parole or other release according to the laws pertaining to release of adult offenders./
Amend further, Article 30, subarticle 15, page 28, by inserting after line 11:
/Section 20-7-8040. Whenever a child is committed by the court to custody other than that of the child's parents or is given medical, psychological, or psychiatric treatment under order of the court, the solicitor of the county where the child is a resident may petition the court to order the parent or parents of the child to pay child support when the child is committed to or detained in the custody of a county detention facility or the Department of Juvenile Justice. If the parents of the child are living apart, the court shall pursue child support payments from both parents. The court, after giving the parent a reasonable opportunity to be
Amend further, SECTION 2 of the bill, page 47, line 4, by inserting: /20-7-112/ immediately before /20-7-330/.
Amend further, SECTION 2 of the bill, page 47, line 7, by inserting /20-7-1340/ immediately before /20-7-2080/.
Amend further, page 47, by deleting SECTION 4 of the bill and inserting:
/SECTION 3. This act takes effect July 1, 1996, and the provisions of Section 20-7-7810(E) and (F), as amended by SECTION 1 of this act apply to crimes committed on or after January 1, 1996./
Renumber sections to conform.
Amend totals and title to conform.
Senator COURTNEY explained the amendment.
Senator BRYAN proposed the following amendment (3566R002.JEB), which was adopted:
Amend the bill, as and if amended, page 6, by striking lines 26-29 and inserting in lieu thereof the following:
/or management. Beginning with the report to the board which is due no later than September 1, 1996, the department must include an annual status report on the numbers of juveniles in pre-trial detention who are awaiting disposition in General Sessions Court, whether they have been waived by the Family Court or whether they qualify due to the offense with which they are charged. The board then will coordinate with all responsible and affected agencies and entities to ensure that adequate funding is identified to prevent the detention or incarceration of juveniles who are awaiting disposition by, or who are under the jurisdiction of, the Family Court in adult jails anywhere within the State of South Carolina and to prevent the detention of juveniles who are awaiting disposition by General Sessions Court in facilities which do not provide actual sight and sound separation from adults who are in detention or custody. Upon/.
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