Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, we read in the Epistle of James, Chapter 5 (v.11a):
"Behold, we call those happy who were
steadfast."
Let us pray.
You are Great and Mighty, O Lord, and greatly to be praised by the children of every race. Your power is wonderful, and Your wisdom is infinite and Your mercy is our joy and our hope!
An election year, O Lord, is always a difficult time for families and persons who offer to be public servants.
When life presses upon us, and when we are hemmed in on all sides, help us to look up, and reach up, and look forward with a forward stride.
Help us to lay aside the impediments of useless and trivial burdens and find our salvation in our faithful response to our God of Mercy, and say to each other:
"O give thanks to the Lord...
For His steadfast love endures
forever." Amen.
At 10:05 A.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed fifteen minutes.
At 10:25 A.M., the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
May 15, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Greenwood County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Joe C. Cantrell, Room 106, County Courthouse, Greenwood, S.C. 29646
Received as information.
(R363, S972) -- Senator Bryan: AN ACT TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS, McCORMICK, GREENWOOD, AND ABBEVILLE COUNTIES' TRANSPORTATION COMMITTEES.
May 20, 1996
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 972, R. 363, an Act:
TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS, McCORMICK, GREENWOOD, AND ABBEVILLE COUNTIES' TRANSPORTATION COMMITTEES.
This veto is based on my belief that S. 972, R. 363 of 1996, is unconstitutional. Article III, Section 30 of the South Carolina Constitution states that, "The General Assembly shall never grant extra compensation, fee or allowance to any public officer, agent, servant or contractor after service rendered, or contract made, nor authorize payment or part payment of any claim made under any contract not authorized by law."
For the above reasons, I am returning S. 972, R. 363, without my approval.
Sincerely,
David M. Beasley
The veto of the Governor was taken up for immediate consideration.
Senator BRYAN moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
Boan Martin
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
(R370, S1266) -- Senator Gregory: AN ACT TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROHIBIT THE DEPARTMENT OF NATURAL RESOURCES FROM PROVIDING A BREAK IN THE SEASON ON PRIVATE LANDS IN GAME ZONE 4.
May 20, 1996
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 1266, R. 370, an Act:
TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROHIBIT THE DEPARTMENT OF NATURAL RESOURCES FROM PROVIDING A BREAK IN THE SEASON ON PRIVATE LANDS IN GAME ZONE 4 AND PROHIBITING THE DEPARTMENT FROM CLOSING ANY PART OF THE DEER SEASON IN WHICH FIREARMS ARE ALLOWED ON PRIVATE LANDS IN GAME ZONE 4.
This legislation prohibits the Department of Natural Resources from providing for breaks in the deer season in Game Zone 4. The bill also prohibits the department from closing any part of the deer season in which firearms are allowed on private lands in Game Zone 4. This results in an undue restriction of the department's authority to regulate hunting in South Carolina, and I am, therefore, vetoing the bill.
Accordingly, I am returning S. 1266, R. 370, without my approval.
Sincerely,
David M. Beasley
The veto of the Governor was taken up for immediate consideration.
Senator DRUMMOND moved that the veto of the Governor be sustained.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
The necessary two-thirds vote not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.
Columbia, S.C., May 21, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 321, S. 1350 by a vote of 3 to 1:
(R321) S. 1350 -- Senators Mescher and Rose: AN ACT TO AMEND ACT 159 OF 1995, RELATING TO DEVOLVING THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY, SO AS TO PROVIDE THAT CERTAIN PROVISIONS OF ACT 159 OF 1995 DO NOT APPLY TO A SPECIAL PURPOSE DISTRICT.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 22, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4425 -- Ways and Means Committee: A JOINT RESOLUTION MAKING APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 507 -- Senator Wilson: A BILL TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS.
The House of Representatives nonconcurred in the Senate amendments on May 9, 1996.
On motion of Senator WILSON, the Senate insisted upon its amendments to S. 507 and asked for a Committee of Conference.
Whereupon, the PRESIDENT appointed Senators WILSON, O'DELL and HAYES of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
S. 846 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.
On motion of Senator GIESE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator GIESE spoke on the report.
On motion of Senator GIESE, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT appointed Senators GIESE, FAIR and REESE to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator GIESE, the Report of the Committee of Free Conference to S. 846 was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 846 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking the bill in its entirety an inserting therein the following:
TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL OLYMPIC LICENSE PLATES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7700. (A) The department may issue special motor vehicle license plates commemorating the Special Olympics which may have imprinted on the plates an emblem, seal, or other symbol approved by the South Carolina Special Olympics and the department. The fee for this special license plate is fifty dollars every two years in addition to the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title. This special license plate must be the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(B) The fees collected pursuant to this section, after the costs to produce and administer the distribution of this special license plate have been satisfied, must be distributed to the South Carolina Special Olympics."
SECTION 2. This act takes effect upon approval by the Governor.
Amend title to conform.
/s/Warren K. Giese /s/Marion P. Carnell /s/Glenn G. Reese /s/Harry M. Hallman, Jr. /s/Michael L. Fair /s/Juanita M. White On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
S. 1375 -- Senator Matthews: A BILL TO PROVIDE THAT ORANGEBURG COUNTY ON JULY 1, 1997, SHALL CONSIST OF THREE CONSOLIDATED SCHOOL DISTRICTS, EACH TO BE COMPOSED OF CERTAIN OF THE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY WITH THESE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY BEING ABOLISHED ON JULY 1, 1997; TO PROVIDE THAT EACH CONSOLIDATED SCHOOL DISTRICT SHALL BE GOVERNED BY A BOARD OF TRUSTEES WHO SHALL BE ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF EACH CONSOLIDATED BOARD; TO ESTABLISH AN ORANGEBURG COUNTY BOARD OF EDUCATION ON JULY 1, 1997, TO BE COMPOSED OF SEVEN MEMBERS ELECTED IN NONPARTISAN ELECTIONS IN THE MANNER SPECIFIED; TO PROVIDE FOR THE POWERS AND DUTIES OF THE COUNTY BOARD AND THE CONSOLIDATED BOARDS; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PREPARED AND SCHOOL TAX MILLAGE DETERMINED AND LEVIED; TO AUTHORIZE FINANCIAL INCENTIVES FOR SCHOOL YEAR 1997-98 ONLY TO ENCOURAGE THE RETIREMENT OF SCHOOL DISTRICT PERSONNEL CURRENTLY WORKING BEYOND RETIREMENT AGE; TO PROVIDE FOR THE TRANSFER OF THE ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS OF THE EIGHT PRESENT SCHOOL DISTRICTS TO THE COUNTY BOARD WITH CERTAIN EXCEPTIONS; TO PROVIDE FOR THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE COUNTY BOARD FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS MUST BE DETERMINED; AND TO PROVIDE FOR THE REALIZATION OF CERTAIN ADMINISTRATIVE COST SAVINGS BY JULY 1, 2000.
The House returned the Bill to the Senate with Senate amendments amended.
Senators MATTHEWS and HUTTO asked that the Bill be committed to the Orangeburg County Delegation.
There was no objection.
H. 3198 -- Rep. Richardson: A BILL TO AMEND SECTION 56-3-1975, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION OF HANDICAPPED PARKING PLACES, SO AS TO REQUIRE HANDICAPPED PARKING SIGNS ERECTED AFTER JUNE 30, 1995, TO INCLUDE THE PENALTIES FOR UNLAWFUL USE.
Senator CORK asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator CORK proposed the following amendment (3198R001.HAC), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 31 and 32 in their entirety and inserting in lieu thereof the following:
/A post or wall-mounted placard identifying sign erected after January 1, 1997, must include the fine for unlawful use of a/
Renumber sections to conform.
Amend title to conform.
Senator CORK explained the amendment.
The amendment was adopted.
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.
The following were introduced:
H. 5043 -- Rep. Clyburn: A CONCURRENT RESOLUTION CONGRATULATING THE A.M.E. CHURCH OF AIKEN ON THE JOYOUS OCCASION OF ITS ONE HUNDRED EIGHTIETH ANNIVERSARY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5051 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Rogers, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE LUCILLE SIMMONS WHIPPER OF CHARLESTON COUNTY, OUR RESPECTED COLLEAGUE AND FRIEND, FOR HER ELEVEN YEARS OF OUTSTANDING LEGISLATIVE SERVICE TO THE PEOPLE OF SOUTH CAROLINA AND EXTENDING BEST WISHES IN ALL OF HER FUTURE ENDEAVORS ON THE OCCASION OF HER RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5052 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE DEEP REGRET OF THE GENERAL ASSEMBLY UPON LEARNING THAT THE HONORABLE TIMOTHY FOLK ROGERS WILL NOT SEEK RE-ELECTION TO THE HOUSE OF REPRESENTATIVES AND THANKING HIM FOR HIS OUTSTANDING LEGISLATIVE SERVICE TO THE PEOPLE OF SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5056 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE JUANITA MITCHELL WHITE OF JASPER COUNTY, OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE, FOR HER SEVENTEEN YEARS OF OUTSTANDING LEGISLATIVE SERVICE TO THE PEOPLE OF SOUTH CAROLINA AND EXTENDING BEST WISHES IN ALL OF HER FUTURE ENDEAVORS ON THE OCCASION OF HER RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5014 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL DISTRICT ORGANIZATIONAL PLANS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1932, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 5016 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL DAY (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1935, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 5021 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REPORT CARDS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1970, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 5028 -- Reps. Neilson, Baxley and J. Hines: A BILL TO PROVIDE FOR A REFERENDUM FOR THE CREATION OF THE J.C. DANIEL CENTER DISTRICT IN DARLINGTON COUNTY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 5029 -- Reps. Boan and Hodges: A BILL TO AMEND SECTION 7-7-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LANCASTER COUNTY, SO AS TO REDESIGNATE THE PRECINCTS AND ADD AN OFFICIAL DOCUMENT DESIGNATION WHICH IS MAINTAINED AND KEPT ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD, AND TO AUTHORIZE THE POLLING PLACES FOR THE PRECINCTS IN LANCASTER COUNTY BE ESTABLISHED BY THE COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION SUBJECT TO THE APPROVAL BY A MAJORITY OF THE LANCASTER COUNTY LEGISLATIVE DELEGATION.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator LEVENTIS from the Committee on Agriculture and Natural Resources polled out H. 4101 with no report:
H. 4101 -- Reps. Witherspoon and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 TO TITLE 46 SO AS TO PROVIDE FOR A REFERENDUM TO APPROVE AN ASSESSMENT ON MARKETED TOBACCO TO PROVIDE FUNDS FOR TOBACCO PRODUCTION RESEARCH.
Leventis Gregory Jackson Land Lander Matthews McGill O'Dell Peeler Richter Greg Smith Waldrep
Cork Elliott Glover Leatherman Setzler J. Verne Smith
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
H. 4518 -- Reps. Haskins, Carnell, Felder, Koon, J. Young, Witherspoon, Hutson, Limbaugh, Cain, Stuart, Allison, Quinn, Tripp and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CREDIT OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO REMOVE THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS FROM BECOMING JOINT OWNERS OF OR STOCKHOLDERS IN A COMPANY, ASSOCIATION, OR CORPORATION AND TO CONFORM OTHER LANGUAGE OF THE PARAGRAPH TO THIS REVISION.
Ordered for consideration tomorrow.
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 SECTION 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.
The House returned the Bill with amendments.
On motion of Senator WALDREP, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 876 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE PROVISIONS FOR SCHOOL DISTRICT 56.
The House returned the Bill with amendments.
On motion of Senator BRYAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1425 -- Senators Matthews and Hutto: A CONCURRENT RESOLUTION TO RECOGNIZE DR. KAILASH MATHUR FOR HIS DISTINGUISHED ACCOMPLISHMENTS AND CONTRIBUTIONS TO THE ORANGEBURG COMMUNITY, THE STATE, AND THE NATION.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 4973 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON, RELATING TO CONTROL OF VESSELS DURING DOCKING AND UNDOCKING OPERATIONS; INCREASE IN REGISTRATION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1910, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(By prior motion of Senator LAND, with unanimous consent)
The following House Bills and Joint Resolution were read the third time and ordered returned to the House with amendments:
H. 4425 -- Ways and Means Committee: A JOINT RESOLUTION MAKING APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
(By prior motion of Senator DRUMMOND, with unanimous consent)
H. 4431 -- Reps. Townsend, P. Harris, Huff, H. Brown, Cooper and Stille: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT AND WEIGHTINGS TO ESTABLISH COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO ADD A WEIGHTING FOR PUPILS WITH AUTISM.
(By prior motion of Senator GREGORY, with unanimous consent)
H. 3447 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 47-3-730 AND 47-3-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRAINT OF DANGEROUS ANIMALS AND PENALTIES, SO AS TO REVISE THE REQUIREMENTS OF RESTRAINT AND AUTHORIZE THE USE OF A SECURITY BOND IN THE REGISTRATION OF DANGEROUS ANIMALS.
H. 3740 -- Rep. Davenport: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE NAME AND TO ADD A MEMBER; AND TO AMEND SECTION 46-43-40, RELATING TO THE COOPERATION OF STATE AGENCIES AND DEPARTMENTS WITH THE COMMISSION, SO AS TO REVISE REPORTING REQUIREMENTS.
H. 3116 -- Reps. Cato and Meacham: A BILL TO AMEND SECTION 50-21-850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAFETY REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO CHANGE THE REFERENCE TO SURFBOARD TO KNEEBOARD, PROVIDE FOR THE REQUIREMENTS TO APPLY TO PERSONS BEING TOWED BY A MOTORIZED WATERCRAFT, CLARIFY THE DEFINITION OF PERSONAL FLOTATION DEVICE REQUIREMENTS, AND EXEMPT SURFBOARDERS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator RANKIN proposed the following amendment (3116R002.LAR), which was adopted:
Amend the bill, as and if amended, page 2, after line 2, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 5-7-140 of the 1976 Code is amended to read:
"Section 5-7-140. For the purpose of maintaining proper policing and to provide proper sanitation, the police jurisdiction and authority of any municipality bordering on the high-tide line of the Atlantic Ocean or the high-water mark of any other navigable body of water is extended to include all that area lying between the high-tide line and the low-tide line or between the high-water mark and the low-water mark. These areas, including areas bordering on navigable bodies of water running through a municipality or contained wholly within the municipality, are subject to all the ordinances and regulations that may be applicable to the areas lying within the corporate limits of the municipality, and the municipal courts have jurisdiction to punish individuals violating the provisions of the municipal ordinances where the misdemeanor occurred in the areas defined in this section. (A) The corporate limits of any municipality bordering on the high-tide line of the Atlantic Ocean are extended to include all that area lying between the high-tide line and one mile seaward of the high-tide line. These areas are subject to all the ordinances and regulations that may be applicable to the areas lying within the corporate limits of the municipality, and the municipal courts have jurisdiction to punish individuals violating the provisions of the municipal ordinances where the misdemeanor occurred in the area defined in this section.
(B) The corporate limits of any municipality bordering on the high water mark of a navigable body of water (other than the Atlantic Ocean) are extended to include all that area lying between the high water mark and the low water mark. These areas are subject to all of the ordinances and regulations that may be applicable to the areas lying within the corporate limits of the municipality, and the municipal courts have jurisdiction to punish individuals violating the provisions of the municipal ordinances where the misdemeanor occurred in the areas defined in this section."/
Renumber sections to conform.
Amend title to conform.
Senator RANKIN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
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 THE STATEMENT PERTAINING TO CRIMINAL VIOLATIONS REQUIRED IN SUCH AN ORDER TO AN INCREASE IN THE CRIMINAL PENALTY FOR THIS OFFENSE.
Senator ROSE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator ROSE proposed the following amendment (4382R004.MTR), which was adopted:
Amend the bill, as and if amended, page 1, by striking line 30 and inserting in lieu thereof the following:
/SECTION 2. Title 20 of the 1976 Code is amended by adding:
"CHAPTER 6
Assessment and Intervention in the
Section 20-6-10. It is the policy of this State that:
(1) Prevention of harm to the fetus is the primary objective of this State and its subdivisions in formulating programs and policies to address the use of alcohol or other drugs during pregnancy.
(2) Programs and policies to address the use of alcohol or other drugs during pregnancy should concentrate on measures that improve the individual's ability to act responsibly. Punitive or coercive measures should be used only as a last resort.
(3) Prenatal harm can be caused by exposure to various drugs, including alcohol, and is often a result of multiple exposures as well as other influences, such as poor maternal health, malnutrition, and lack of prenatal care. The most effective way to prevent this harm is to improve the overall well-being and the self-esteem of women. Efforts to prevent prenatal harm should utilize innovative strategies aimed at the broad range of factors contributing to harm associated with prenatal substance abuse. New models of service delivery should be developed to increase the utilization of available services, using outreach and community-based services as means for identifying and serving the target population.
(4) The use of alcohol and other drugs by women places them at risk for the development of numerous physical and psychological problems. Women whose physical or psychological health is compromised have diminished capacity to care for themselves and their families as well as to participate meaningfully in the community in which they live. Alcohol and other drug abuse isolates women from the institutions of society which support the building and maintenance of self-respect and healthy relationships. Progress and policies of the State and its subdivisions should seek to promote health-enhancing behaviors in women and to develop treatment programs which improve the capacity of women to function fully within their communities.
(5) Prevention, treatment, rehabilitation, and support services for alcohol and other drug abuse, which reflect the unique needs of pregnant women, should be accessible and available to these women. Public and private funds and resources should be identified to implement model intervention programs. Providers of alcohol or drug treatment services must not discriminate against pregnant women or women of childbearing age in providing these services. Pregnant women should be given priority access to treatment services for alcohol or drug dependency.
(6) Adequate prenatal care, through the public and private sectors, should be available and accessible for every pregnant woman. In order to avoid deterring pregnant substance abusers from obtaining prenatal care at the earliest possible time, the privacy of the physician-patient relationship should be protected.
(7) All men and women of childbearing age should be educated about the physical, emotional, and medical effects of alcohol and other drug use during pregnancy. Appropriate educational materials and programs should be developed for use in schools. Educational efforts should emphasize prevention.
(8) All agencies with functions related to use of alcohol or other drugs by pregnant women, including health, social services, corrections, and law enforcement agencies, shall develop plans and interagency policies for coordination of services and resources. These plans and policies should provide for a continuum of services to prevent harm caused by prenatal exposure to alcohol or other drugs. They should include innovative strategies that take into consideration social conditions likely to affect the success of prevention or treatment initiatives, including housing, child care, transportation, and job training specific to women's needs.
(9) Health, social services, and educational agencies shall develop plans and interagency policies for coordination of services and resources to meet the special needs of children who have been harmed by prenatal exposure to alcohol and other drugs.
(10) Statutes, including statutes defining the authority of state or local agencies or providers of services, must be broadly construed to accomplish the policies set forth in this act.
(11) The policies provided for in this act shall be implemented through the cooperative efforts of state, county, and municipal legislative, judicial, and executive branches, as well as other public and private resources. Where resources are limited, services must be targeted to have the greatest impact on preventing harm associated with prenatal exposure to alcohol or other drugs.
Section 20-6-20. A physician licensed in South Carolina who provides obstetrical or gynecological care to a patient who is pregnant shall counsel the patient on the perinatal effects of smoking cigarettes, the use of alcohol, and the use of a controlled substance as defined in Section 44-53-110, as well as other risk factors appearing to be present in the patient's life. A physician may fulfill this obligation by causing a nurse, social worker, or other allied health professional to provide the required counseling. A statement evidencing that this counseling has been provided and signed by the patient or by the person giving this counseling must be maintained as part of that patient's medical records.
Section 20-6-30. The South Carolina Department of Health and Environmental Control, in cooperation with the South Carolina Commission on Alcohol and Drug Abuse, shall develop and provide educational programs and materials to physicians who provide obstetrical or gynecological care, to other health care providers who provide services for pregnant women, to hospitals, and to other appropriate persons and entities. This information must include, but is not limited to:
(1) the effects of cigarettes, alcohol, and controlled substances on pregnancy and fetal outcome;
(2) how other aspects of a woman's life, such as poor nutrition and domestic violence, interact with substance abuse to affect fetal outcome;
(3) what services are available for addicted or substance-abusing women and their families;
(4) the harm done to fetuses from drug use by the mother; and
(5) the law relating to drug use during pregnancy-including the provisions of this chapter.
Section 20-6-40. The South Carolina Commission on Alcohol and Drug Abuse shall establish and maintain a toll-free information line to provide information on resources for substance abuse and to assist with referral for substance-abusing pregnant women.
Section 20-6-50. A pregnant woman referred for substance abuse treatment must receive first priority for use of available treatment. All records and reports regarding the pregnant woman are confidential. The South Carolina Commission on Alcohol and Drug Abuse shall ensure that family-oriented substance abuse treatment is available, as appropriations allow. Substance abuse treatment facilities that receive public funds may not refuse to treat a woman solely because she is pregnant.
Section 20-6-60. (A) A physician or health care provider, upon identification of a woman with a high risk pregnancy due to the abuse of alcohol or a controlled substance or whose newborn child reasonably appears to have been exposed to alcohol or controlled substances in utero, shall inform the woman of the availability of services offered by substance abuse programs and the option of referral to the South Carolina Commission on Alcohol and Drug Abuse Office of Women's Services.
(B) Upon consent by a woman identified in accordance with subsection (A) the physician or health care provider shall within seventy-two hours of making the identification make a referral to the South Carolina Commission on Alcohol and Drug Abuse Office of Women's Services. The commission's toll-free information line and any other reasonable means may be used for this purpose.
(C) Any individual providing a government service to a woman identified in accordance with subsection (A) may refer the woman, with the woman's consent, to the South Carolina Commission on Alcohol and Drug Abuse Office of Women's Services. The commission's toll-free information line and any other reasonable means may be used for this purpose.
(D) The South Carolina Commission on Alcohol and Drug Abuse Office of Women's Services promptly must refer each woman referred in accordance with subsections (B) or (C) to a substance abuse program licensed by the Department of Health and Environmental Control and chosen by the woman, or if the woman does not choose a substance abuse program licensed by the Department of Health and Environmental Control, to the county drug and alcohol abuse authority in the county in which the woman resides. This substance abuse program or county drug and alcohol abuse authority must provide assessment and interdisciplinary treatment to each woman for whom a referral is made in accordance with subsections (B) or (C), and must report to a physician or other health care provider treating the woman the failure of the woman to comply with any reasonable plan of assessment or treatment prescribed by the substance abuse program or the county drug and alcohol abuse authority.
(E) Nothing in this section shall preclude a physician or other mandated reporter from reporting abuse or neglect of a child as required pursuant to Section 20-7-510. Nothing in this section shall preclude or interfere with voluntary admission to a drug treatment facility or emergency drug treatment pursuant to Chapter 52 of Title 44.
(F) A physician, health care provider, or other individual providing a government service who in good faith substantially complies with this section is immune from any civil liability that otherwise might result by reason of this compliance.
(G) Referral and associated documentation resulting from compliance with this section is confidential and may not be used in any criminal prosecution.
(H) The consent required by subsections (B) and (C) is considered a waiver of confidentiality solely for the purpose of making the report pursuant to subsections (B) and (C)."
SECTION 3. Section 20-7-290 of the 1976 Code is amended to read:
"Section 20-7-290. (A) Health services of any kind may be rendered to minors a minor of any age without the consent of a parent or legal guardian when, in the judgment of a person authorized by law to render a particular health service, such the services are deemed considered necessary unless such involves the services involve an operation which shall may be performed only if such it is essential to the health or life of such child the minor in the opinion of the performing physician and a consultant physician if one is available.
(B) A physician providing care for a newborn child may order testing for alcohol and other drugs without the consent of a parent or legal guardian if the testing is medically necessary to protect the health of the newborn child in the opinion of the performing physician. Consent from the mother should be sought before testing, if practicable.
(C) Information obtained from the drug or alcohol testing performed on a newborn must not be disclosed in a manner that would identify the child or parents to anyone other than the child's parents or guardian, except:
(1) to make a report pursuant to Section 20-7-510 and to cooperate with an investigation pursuant to such report;
(2) to obtain treatment or other services or benefits for the child or the child's family;
(3) as may be permitted by Section 44-53-140 pursuant to Chapter 52 of Title 44; or
(4) upon consent of a custodial parent or legal guardian.
Any person who discloses such information except as authorized in this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both."
SECTION 4. Section 20-7-510 of the 1976 Code is amended by adding:
"(D) A person is not required to report based on positive results of drug or alcohol testing performed on a newborn unless the test results combine with one or more other factors, such as the infant's home or family situation or condition, to give the reporter reason to believe that a child's physical or mental health or welfare may be affected adversely by abuse or neglect while in the care of a parent, legal guardian, or custodian."
SECTION 5. Section 44-7-260 of the 1976 Code is amended by adding:
"(F) No facility or service that provides diagnostic, treatment, or rehabilitative services related to the abuse of alcohol or other drugs may refuse to provide these services to a woman solely because the woman is pregnant. Pregnant women must be given priority access to these services. Diagnostic, treatment, or rehabilitative services must be provided in accordance with accepted professional standards applicable to the treatment of abuse of alcohol or other drugs in pregnant women. All treatment providers must ensure that family-oriented substance abuse treatment is available, as resources may allow."
SECTION 6. Section 44-49-40(c) of the 1976 Code is amended by adding:
"(11) Coordinate these matters relating to prenatal substance abuse:
(a) study of issues related to prenatal substance abuse;
(b) development of prevention and treatment strategies;
(c) education of policymakers and other relevant professionals;
(d) identification of grants and other private funding sources and the coordination of efforts to obtain these funds; and
(e) provision of interagency communications and actions relating to the use of alcohol and other drugs during pregnancy."
SECTION 7. Section 44-53-140 of the 1976 Code is amended to read:
"Section 44-53-140. (A) Whenever When a holder of the privilege shall seek seeks counselling, treatment, or therapy for any a drug problem from a confidant, no statement made by such the holder and no observation or conclusion derived from such by the confidant shall be is admissible against such the holder in any proceeding. The results of any an examination to determine the existence of illegal or prohibited drugs in a holder's body shall are not be admissible in any proceeding against such the holder. The privilege belongs to the holder and if he the holder waives the right to claim the privilege the communication between the holder of the privilege and the confidant shall be is admissible in evidence in any proceeding. There is no privilege if the services of a confidant are sought to enable the holder of the privilege to commit or plan to commit a crime or a tort.
(B) When a person seeks prenatal care from a licensed health care provider, no statement made by the person and no observation or conclusion of the health care provider is admissible against the person in any proceeding. The results of an examination to determine the existence of alcohol or other drugs in the person's body or in the body of the newborn child of the person are not admissible in any proceeding against the person. However, the provider may release that information necessary to bring about the commitment of the person for alcohol or drug treatment pursuant to Section 44-52-110, where the release is consistent with professional standards of care. The provider also may release information necessary to judicial proceedings that are initiated by the Department of Social Services following a report under Section 20-7-510. The privilege belongs to the person and may be waived by the person."
SECTION 8. Section 59-32-20 of the 1976 Code is amended by adding a new paragraph at the end of the section to read:
"All school districts shall develop and include in their drug and alcohol education programs in grades one through twelve, age appropriate drug education curricula concerning the physiological effects and problems before and after birth caused by the use of cigarettes, alcohol, and controlled substances."
SECTION 9. Section 59-32-30(A) of the 1976 Code is amended by adding at the end:
"(7) Where appropriate to the students' age group, a program of instruction in reproductive health education or substance use or abuse must include instruction concerning the effects of the use and abuse of cigarettes, alcohol, and controlled substances on persons of reproductive age, pregnant women, and fetuses."
SECTION 10. The South Carolina Commission on Alcohol and Drug Abuse shall ensure that a staff position is designated to carry out the functions required by Section 44-49-40(c)(11) of the 1976 Code as added by Section 6 of this act.
SECTION 11. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator ROSE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House with amendments.
H. 4526 -- Reps. Wilkins, Sharpe, H. Brown, Harrison, Sheheen, Jennings, Martin, Cato, Cromer, Wright, Hodges and Spearman: A BILL TO AMEND SECTION 10-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF UNAUTHORIZED ENTRY INTO THE CAPITOL BUILDING, SO AS TO MAKE THE CRIME APPLY TO ANY OTHER BUILDING IN WHICH THE GENERAL ASSEMBLY IS MEETING.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator McCONNELL proposed the following amendment (4526R001.GFM), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/SECTION 1. Section 10-11-330 of the 1976 Code is amended to read:
"Section 10-11-330. (A) It shall be is unlawful for any person or group of persons willfully wilfully and knowingly:
(a) to enter or to remain within the capitol building or any other building in which the General Assembly or any of its committees or subcommittees is meeting, unless such the person is authorized by law or by rules of the House or Senate or of the State Budget and Control Board when such the entry is done for the purpose of uttering loud, threatening, and abusive language, or to engage in any disorderly or disruptive conduct with the intent to impede, disrupt, or disturb the orderly conduct of any session of the legislature, or the orderly conduct within the building or of any hearing before or any deliberation of any committee or subcommittee of the legislature;
(b) to obstruct or to impede passage within the capitol grounds or building or any other building in which the General Assembly is meeting;
(c) to engage in any act of physical violence upon the capitol grounds or within the capitol building or any other building in which the General Assembly is meeting; or
(d) to parade, demonstrate, or picket within the capitol building or any other building in which the General Assembly is meeting.
(B) In the State House or any other building in which the General Assembly is meeting, common areas available for use by the Senate, the House of Representatives, and members of the public shall be scheduled and approved jointly by the Clerk of the House and the Clerk of the Senate.
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
Senators McCONNELL, JACKSON, FORD, ALEXANDER, BOAN, BRYAN, CORK, COURSON, COURTNEY, DRUMMOND, ELLIOTT, FAIR, GIESE, GLOVER, GREGORY, HAYES, HOLLAND, HUTTO, LAND, LANDER, LEATHERMAN, LEVENTIS, MARTIN, MATTHEWS, McGILL, MESCHER, MOORE, O'DELL, PASSAILAIGUE, PATTERSON, PEELER, RANKIN, REESE, RICHTER, ROSE, RUSSELL, RYBERG, SALEEBY, SETZLER, SHORT, GREG SMITH, J. VERNE SMITH, THOMAS, WALDREP, WASHINGTON and WILSON proposed the following amendment (4526R002.GFM), which was adopted:
Amend the bill, as and if amended, page 1, after line 41, by adding an appropriately numbered new SECTION to read:
/SECTION ___. A. There is hereby established on the grounds of the State House an African-American History Monument. The design and placement of the monument shall be determined by the commission appointed pursuant to subsection B of this section. The commission shall make reasonable efforts to incorporate all eras of African-American history in the design. The monument shall be erected as soon as is reasonably possible after it is approved by the General Assembly by concurrent resolution and the State House Renovation Project is completed.
B. (1) An African-American History Monument Commission is created to determine the design of the monument and to determine the placement of the monument on the State House grounds. The commission is empowered and directed to raise private funds and to receive gifts and grants to carry out the purpose for which it is created. By January 1, 1997, the commission shall report the proposed design of the monument to the State House Committee for its approval. After action by the committee approving the design, the State House Committee shall cause to be introduced the concurrent resolution serving as the instrument of approval as provided in subsection A of this section. The State shall ensure proper maintenance of the monument as is done for other historical monuments on the State House grounds.
Four members must be appointed by the President Pro Tempore of the Senate, four members must be appointed by the Speaker of the House of Representatives, and one member must be appointed by the Governor. Notwithstanding Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to this commission. One of the members appointed by the President Pro Tempore must be a Senator and one of the members appointed by the Speaker must be a member of the House of Representatives.
Commission members are not entitled to receive the subsistence, mileage, and per diem otherwise provided by law for members of state boards, committees, and commissions.
(2) The commission also shall study the feasibility of establishing an African-American History Museum analogous to the Confederate Relic Room and make recommendations with respect to its findings on this subject to the State House Committee. This new museum would collect and display historical artifacts and other items reflecting African-American history in this State. A preliminary report on this study must be made to the State House Committee no later than January 1, 1997, with a final report and recommendations due as soon as practicable thereafter.
(3) The commission established pursuant to this section is dissolved on the later of the dedication of the African-American History Monument or the final report of the commission on the feasibility of establishing an African-American History Museum.
C. The monument placed on the State House Grounds pursuant to this section shall receive the protections from removal, disturbance, or alteration provided by law and any penalty provided shall apply with respect to a removal, disturbance, or alteration to the monument erected pursuant to authority granted in this section./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House with amendments.
H. 4637 -- Reps. Townsend, Allison, Howard and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO STUDIES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS FOR ACADEMIC QUALITY IN THE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE PERFORMANCE INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE MEASURED; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S ANNUAL BUDGET REQUEST IS DETERMINED AND REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO AMEND SECTION 59-103-45, RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO AS TO REQUIRE THE COMMISSION TO DEVELOP STANDARDS FOR AND MEASUREMENT MECHANISMS OF THESE PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO BASE THE HIGHER EDUCATION FUNDING FORMULA ON AN INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS, PERMIT THE COMMISSION TO REDUCE, EXPAND, OR CONSOLIDATE ANY INSTITUTION INCLUDING THOSE WHICH DO NOT MEET THE STANDARDS OF ACHIEVEMENT, AND BEGINNING JULY 1, 1999, TO CLOSE SUCH INSTITUTIONS WHICH DO NOT MEET THESE STANDARDS, REQUIRE THE COMMISSION TO REVIEW AND APPROVE EACH INSTITUTIONAL MISSION STATEMENT, AND ENSURE ACCESS AND EQUITY OPPORTUNITIES AT EACH INSTITUTION FOR ALL CITIZENS OF THIS STATE; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY BY THE COMMISSION, SO AS TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; BY ADDING SECTION 59-103-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH AN INSTITUTION SHALL BE CLOSED IF AN INSTITUTION BEGINNING JULY 1, 1999, IS CLOSED BY THE COMMISSION; TO AMEND SECTION 59-103-110, RELATING TO APPROVAL OF NEW CONSTRUCTION AT PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THE MANNER IN WHICH AN INSTITUTIONS' FACILITIES AND REAL PROPERTY ACQUISITIONS AND AUTHORIZATIONS ARE APPROVED; TO AMEND CHAPTER 104 OF TITLE 59, RELATING TO INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE, SO AS TO REVISE SUCH PROVISIONS TO INCORPORATE APPROPRIATE REFERENCES TO THE PERFORMANCE INDICATORS FOR ACADEMIC SUCCESS ABOVE-REFERENCED AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ABOVE ON THE COMMISSION; AND TO AMEND SECTION 59-101-350, RELATING TO THE ANNUAL REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BY THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE CONTENTS OF THIS REPORT AND WHAT INSTITUTIONS MUST SUBMIT TO THE COMMISSION FOR PURPOSES OF PREPARING THE REPORT.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator HAYES proposed the following amendment (4637R004.RWH), which was adopted:
Amend the bill, as and if amended, by striking the title in its entirety and inserting in lieu thereof the following:
/TO AMEND CHAPTER 125, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINTHROP UNIVERSITY, BY DESIGNATING SECTIONS 59-125-10 THROUGH 59-125-120 AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS", AND BY ADDING ARTICLE 3 ENACTING THE WINTHROP UNIVERSITY FACILITIES REVENUE BOND ACT SO AS TO PROVIDE AUTHORITY FOR THE UNIVERSITY TO ISSUE REVENUE BONDS TO ACQUIRE, CONSTRUCT, RENOVATE, AND EQUIP CERTAIN REVENUE-PRODUCING FACILITIES, AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THESE BONDS MAY BE ISSUED, INCLUDING THOSE REVENUES THAT MAY BE PLEDGED FOR THEIR REPAYMENT./
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House with amendments.
The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 1416 -- Senator Gregory: A BILL TO AMEND SECTION 7-7-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LANCASTER COUNTY, SO AS TO REDESIGNATE THE PRECINCTS AND ADD AN OFFICIAL DOCUMENT DESIGNATION WHICH IS MAINTAINED AND KEPT ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD, AND TO AUTHORIZE THE POLLING PLACES FOR THE PRECINCTS IN LANCASTER COUNTY BE ESTABLISHED BY THE COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION SUBJECT TO THE APPROVAL BY A MAJORITY OF THE LANCASTER COUNTY LEGISLATIVE DELEGATION.
(By prior motion of Senator GREGORY)
S. 1421 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE ATHLETIC COMMISSION, RELATING TO COMBATIVE SPORTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1907, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4277 -- Reps. Walker, Baxley and Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-85 SO AS TO INCLUDE IN UNLAWFUL EMPLOYMENT PRACTICES THE CONDUCTING OF MEDICAL EXAMINATIONS AND INQUIRIES AND TO PROVIDE CONDITIONS UNDER WHICH THEY MAY BE CONDUCTED; TO AMEND SECTIONS 1-13-20, 1-13-30, AS AMENDED, 1-13-70, 1-13-80, AS AMENDED, 1-13-90, AND 1-13-100, RELATING TO THE STATE HUMAN AFFAIRS COMMISSION AND UNLAWFUL EMPLOYMENT PRACTICES AND THE PROHIBITION AGAINST DISCRIMINATION IN EMPLOYMENT BASED ON RACE, RELIGION, COLOR, SEX, NATIONAL ORIGIN, AND AGE, SO AS TO ALSO PROHIBIT DISCRIMINATION BASED ON DISABILITY AND TO DEFINE "DISABILITY" AND TO FURTHER PROVIDE HOW DISCRIMINATION BASED ON A DISABILITY IS AN UNLAWFUL EMPLOYMENT PRACTICE; TO AMEND SECTIONS 43-33-520, 43-33-530, 43-33-560, AND 43-33-570, RELATING TO THE BILL OF RIGHTS FOR HANDICAPPED PERSONS, SO AS TO DELETE PROVISIONS RELATING TO EMPLOYMENT; TO REPEAL SECTION 43-33-550 RELATING TO THE JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION OVER COMPLAINTS OF EMPLOYMENT DISCRIMINATION; AND TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS AND SUBCONTRACTORS FROM STATE DISCRIMINATION LAWS WHEN THEY ARE SUBJECT TO SUCH FEDERAL LAWS.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MOORE proposed the following amendment (JUD4277.001), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION ___. Article 21, Chapter 9, Title 58 of the 1976 Code is amended by adding:
"Section 58-9-2550. The commission may establish a distribution system for TTY and other related telecommunications devices. In establishing this program, the commission may:
(1) select an administrator through the State Budget and Control Board procurement process to purchase, store, distribute, and maintain telecommunications devices for persons qualified to receive such equipment. In addition, the administrator must be responsible for providing user training and assistance.
(2) establish qualifications for eligibility for individuals to receive TTY's and other related telecommunications devices under a distribution system of TTY's and other related telecommunications devices. Qualifications shall include certifications as hearing impaired, speech impaired, or dual sensory impaired."
SECTION ___. A. Section 58-9-2510 of the 1976 Code, as added by Act 488 of 1990, is amended by adding:
"(3.5) 'Dual sensory impaired person' means an individual who is deaf/blind or has both a permanent hearing impairment and a permanent visual impairment."
B. Section 58-9-2510(8) of the 1976 Code, as added by Act 488 of 1990, is amended to read:
"(8) 'Telecommunications device' or 'telecommunications device for the deaf, hearing, or speech impaired' or 'TDD' or 'TTY' means a keyboard mechanism attached to or in place of a standard telephone by some coupling device used to transmit or receive signals through telephone lines."
SECTION ___. Section 58-9-2520(B) of the 1976 Code, as added by Act 488 of 1990, is amended to read:
"(B) The program may include, but is not limited to:
(1) a statewide dual party relay service;
(2) selection of a service provider to provide a statewide relay system to handle all intrastate TDD calls; and
(3) prescribing or promulgating procedures, regulations, rules, guidelines, and criteria to establish, implement, administer, regulate, and promote all aspects of the dual party relay service, and the establishment of a funding mechanism to cover all associated costs of this service and this article where not prohibited by law. a distribution system of TTY's and other related telecommunications devices; and
(4) prescribing or promulgating procedures, regulations, guidelines, and criteria to establish, implement, administer, regulate, and promote all aspects of the dual party relay service and the distribution of TTY and other related telecommunications devices, and the establishment of a funding mechanism to cover all associated costs of these services and this article where not prohibited by law."
SECTION ___. Section 58-9-2530(A) of the 1976 Code, as added by Act 488 of 1990, is amended to read:
"(A) The commission may require all local exchange telephone companies operating in this State to impose a monthly charge not to exceed twenty-five cents on all residential and business local exchange access facilities as necessary to fund the establishment and operation of a dual party relay system and a distribution system of TTY's and other related telecommunications devices in this State. The amount of the charge must be determined by the commission based upon the amount of funding necessary to accomplish the purposes of this article and provide dual party telephone relay services on a continuous basis. If assessed, the local exchange companies shall collect the charge from their customers and transfer the monies collected to the operating fund. The charge collected and remitted by the local exchange companies is not subject to any tax, fee, or assessment, nor may it be considered revenue of the local exchange companies. The commission may provide for the funding of the dual party relay system through contributions from other sources. The fund must be established, invested, and managed for the exclusive purpose of implementing the provisions of this article according to regulations promulgated by the commission."
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
Senator RICHTER proposed the following amendment (4277R001.LER):
Amend the bill, as and if amended, page 14, after line 39, by adding appropriately numbered new SECTIONS to read:
/SECTION ___. Section 1-11-140 of the 1976 Code is amended to read:
"Section 1-11-140(A). The State Budget and Control Board, through the Office of Insurance Services, is authorized to provide insurance for the State, its departments, agencies, institutions, commissions, boards, and the personnel employed by the State in its departments, agencies, institutions, commissions, and boards so as to protect the State against tort liability and to protect these personnel against tort liability arising in the course of their employment. The insurance also may be provided for physicians or dentists employed by the State, its departments, agencies, institutions, commissions, or boards against any tort liability arising out of the rendering of any professional services as a physician or dentist for which no fee is charged or professional services rendered of any type whatsoever so long as any fees received are directly payable to the employer of a covered physician or dentist, or to any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State; provided, any insurance coverage provided by the Budget and Control Board may be on the basis of claims made or upon occurrences. The insurance also may be provided for students of high schools, South Carolina Technical Schools, or state-supported colleges and universities while these students are engaged in work study, distributive education, or apprentice programs on the premises of private companies. Premiums for the insurance must be paid from appropriations to or funds collected by the various entities, except that in the case of the above-referenced students in which case the premiums must be paid from fees paid by students participating in these training programs. The board has the exclusive control over the investigation, settlement, and defense of claims against the various entities and personnel for whom it provided insurance coverage and may promulgate regulations in connection therewith."
SECTION ___. The second paragraph of Section 15-78-30(c) of the 1976 Code is further amended to read:
"On or after January 1, 1989, 'Employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State."
SECTION ___. The second paragraph of Section 15-78-70(c) of the 1976 Code is further amended to read:
"On or after January 1, 1989, a person, when bringing an action against a governmental entity under the provisions of this chapter, shall name as a party defendant only the agency or political subdivision for which the employee was acting and is not required to name the employee individually, unless the agency or political subdivision for which the employee was acting cannot be determined at the time the action is instituted. In the event that the employee is individually named, the agency or political subdivision for which the employee was acting must be substituted as the party defendant. The provisions of this section in no way shall limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State."
SECTION ___. Section 15-78-120(a)(5) of the 1976 Code is amended to read:
"(5) The provisions of Section 15-78-120(a)(3) and (a)(4) shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State."/
Renumber sections to conform.
Amend title to conform.
Senator RICHTER explained the amendment.
Senator J. VERNE SMITH objected to further consideration.
The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
H. 3285 -- Reps. Neilson, Lloyd, G. Brown, Hines, L. Whipper, Breeland, J. Young, Canty, Rice, Felder, Chamblee, Gamble, Keyserling, Robinson, Herdklotz, Davenport, Mason, Thomas and Byrd: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT CUSTODY.
H. 4396 -- Reps. Harvin, Herdklotz, Riser, Moody-Lawrence and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS TO PAY FOR HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS FOR A MOTHER AND HER CHILD AFTER A VAGINAL DELIVERY AND NINETY-SIX HOURS AFTER A CAESARIAN SECTION.
H. 3230 -- Rep. Kirsh: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1317 SO AS TO PROHIBIT AN ELECTION OFFICIAL FROM INVOLVEMENT OF ANY KIND IN THE CAMPAIGN OF ANY CANDIDATE FOR OFFICE, PROHIBIT FINANCIAL CONTRIBUTIONS TO A CANDIDATE, PROHIBIT THE PUBLIC ENDORSEMENT OF A CANDIDATE, AND PROHIBIT THE OFFICIAL FROM SERVING AS A POLL WATCHER OR POLL MANAGER IN AN ELECTION; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL".
Senator COURTNEY explained the Bill.
H. 3269 -- Reps. Richardson, P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Kelley, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CERTAIN CONTINUING CARE RETIREMENT COMMUNITIES WHICH PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS.
Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
Senator SALEEBY proposed the following amendment (3269EES.MLP#1):
Amend the Committee Report, as and if amended, Section 2, page 3269-2, after line 19 by adding the following:
/(C) Subsection (B) applies only to multi-level Continuing Care Retirement Communities which incorporate a skilled nursing facility.
(D) The Continuing Care Retirement Community shall not bill in excess of its costs. These costs will be determined on non-facility based Medicare and/or Medicaid standards."/
Amend title to conform.
Senator BRYAN explained the amendment.
The Medical Affairs Committee proposed the following amendment (JIC\5716AC.96), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 2 beginning on page 1 and inserting:
/SECTION 2. Section 44-69-75 of the 1976 Code is amended to read:
"Section 44-69-75. (A) All A home health agencies agency shall obtain a certificate of need prior to before licensure. Procedures for applying for such a certificate shall must be in accordance with the provisions of the 'State Hospital Construction and Franchising Certification of Need and Health Facility Licensure Act'. No such certificate shall be is required for those home health agencies providing home health services prior to before July 1, 1980.
(B) A continuing care retirement community licensed pursuant to Title 37, Chapter 11, may provide home health services and is exempt from subsection (A) if:
(1) the continuing care retirement community furnishes or offers to furnish home health services only to residents who reside in living units provided by the continuing care retirement community pursuant to a continuing care contract;
(2) the continuing care retirement community maintains a current license and meets applicable home health agency licensing standards;
(3) residents of the continuing care retirement community may choose to obtain home health services from other licensed home health agencies.
Staff from other areas of the continuing care retirement community may deliver the home health services, but at no time may staffing levels in any area of the continuing care retirement community fall below minimum licensing standards or impair the services provided.
If the continuing care retirement community includes charges for home health services in its base contract, it is prohibited from billing additional fees for those services. Continuing care retirement communities certified for Medicare or Medicaid, or both, must comply with governmental reimbursement requirements concerning charges for home health services.
For purposes of this subsection 'resident', 'living unit', and 'continuing care contract' have the same meanings as provided in Section 37-11-20."/
Amend title to conform.
Senator BRYAN explained the amendment.
The amendment was adopted.
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. 3992 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-1440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT FEES, SO AS TO AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A FEE AGAINST A DEFENDANT IN CHILD ABUSE AND NEGLECT CASES AND TO EXEMPT INDIGENT DEFENDANTS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD3992.001), which was adopted:
Amend the bill, as and if amended, page 2, line 15, in Section 20-7-1440(D), as contained in SECTION 1, by inserting after the word /or/ the following:
/ if the defendant /.
Amend title to conform.
Senator COURTNEY explained the amendment.
The amendment was adopted.
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. 4614 -- Reps. Kelley, Easterday, Allison and Moody-Lawrence: A BILL TO AMEND TITLE 7, CHAPTER 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILDREN, SO AS TO ENACT THE CHILDREN'S CODE REFORM ACT OF 1996.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the General Committee.
Senator FAIR proposed the following amendment (PFM\9414AC.96), which was adopted:
Amend the committee report, as and if amended, by deleting Section 20-7-650, page 21, and inserting:
/Section 20-7-650. (A) It is the purpose of this section to encourage the voluntary acceptance of any service offered by the child protective service agency department in connection with child abuse and neglect or another problem of a nature affecting the stability of family life.
(B) The local child protective service agencies department must be staffed adequately with persons trained in the investigation of suspected child abuse and neglect and in the provision of services to abused and neglected children and their families.
(C) Within twenty-four hours of the receipt of a report of suspected child abuse or neglect or within twenty-four hours after the department has assumed legal custody of a child pursuant to Section 20-7-610(F) or (G) or within twenty-four hours after being notified that a child has been taken into emergency protective custody, the agency department must begin an appropriate and thorough investigation to determine whether a report of suspected child abuse or neglect is 'indicated' or 'unfounded'. The finding must be made no later than forty-five sixty days from the receipt of the report. In conducting the investigation, if the facts so warrant the agency investigator may petition the family court of the appropriate judicial circuit for a warrant to inspect the premises and condition of the child subject of the report. The family court shall issue the inspection warrant upon probable cause to believe the child is abused or neglected, as defined by this article. A single extension of no more than fifteen days may be granted by the director of the department, or the director's designee, for good cause shown, pursuant to guidelines adopted by the department. If the investigation cannot be completed because the department is unable to locate the child or family or for other compelling reason, the investigation may be reopened at a later date if the child or family is located or the compelling reason for failure to complete the investigation is removed. The department shall make a finding within forty-five days after the investigation is reopened.
(D) The department may file with the family court an affidavit and a petition to support issuance of a warrant at any time after receipt of a report. The family court shall issue the warrant if the affidavit and petition establish probable cause to believe the child is an abused or neglected child and that the investigation cannot be completed without issuance of the warrant. The warrant may authorize the department to interview the child, to inspect the condition of the child, to inspect the premises where the child may be located or may reside, and to obtain copies of medical, school, or other records concerning the child.
(E) The department or law enforcement, or both, may interview the child alleged to have been abused or neglected and any other child in the household during the investigation. The interviews may be conducted on school premises, at day care facilities, at the child's home or at other suitable locations and in the discretion of the department or law enforcement, or both, may be conducted outside the presence of the parents. To the extent reasonably possible, the needs and interests of the child must be accommodated in making arrangements for interviews, including time, place, method of obtaining the child's presence, and conduct of the interview. The department or law enforcement, or both, shall provide notification of the interview to the parents as soon as reasonably possible during the investigation if notice will not jeopardize the safety of the child or the course of the investigation. All state, law enforcement, and community agencies providing child welfare intervention into a child's life should coordinate their services to minimize the number of interviews of the child to reduce potential emotional trauma to the child.
(D)(F) Indicated findings must be based upon a finding of the facts available to the agency department that abuse or neglect is more likely than not to have occurred supported by a preponderance of evidence. Whenever the facts available to the agency indicate a lesser finding, determinations must be deemed 'unfounded'. Indicated findings must include a description of the services being provided the child and those responsible for his the child's welfare, as well as and all relevant dispositional information.
(G) All reports that are not indicated must be classified as 'unfounded'. Unfounded reports must be further classified as either Category I, Category II, or Category III.
(1) Category I unfounded reports are those in which abuse and neglect was ruled out following the investigation. A report falls in this category if evidence of abuse or neglect as defined in this article was not found regardless of whether the family had other problems or was in need of services.
(2) Category II unfounded reports are those in which the evidence produced by the investigation was inconclusive as to whether abuse or neglect occurred. A report falls in this category if there is evidence of abuse or neglect as defined in this article but not enough evidence to constitute a preponderance of evidence. This category does not include cases in which the family had other problems that are not within the definition of abuse and neglect in Section 20-7-490.
(3) Category III unfounded reports are those in which an investigation could not be completed because the department was unable to locate the child or family or for some other compelling reason.
(E)(H) Reports of child abuse and neglect must be entered immediately into the automated statewide Central Registry of Child Abuse and Neglect. Reports of child abuse and neglect must be entered into the registry and maintained in the agency department files in one of four categories: Suspected, Unfounded, Indicated, or Affirmative Determination. If the report is categorized as unfounded, the entry must further state the classification of unfounded report as set forth in subsection (G). All initial reports must be deemed suspected. Reports of suspected child abuse and neglect must be maintained for no more than sixty days after the report was received by the agency department. On or before the expiration of that time, they shall reports must be converted into either unfounded or indicated reports, pursuant to the agency's investigation. Upon an affirmative determination, indicated reports must be converted to the category of 'affirmative determination'.
(1) Indicated reports must be maintained by the agency on the central and local registries only when accompanied by supplemental information a description of services being provided as required under subsection (D)(F).
(2) Unfounded reports must be classified 'Unfounded by reason of insufficient evidence.'
(3) If no finding has been made by the agency after sixty days from the date a report was received, it must be classified 'Unfounded for want of an investigation.'
(4)(2) Affirmative determinations may be maintained by the agency department only when accompanied by a description of services being provided the child and those responsible for his welfare, as well as all and relevant dispositional information.
(F)(I) The names, addresses, and all other identifying characteristics of persons named in all unfounded reports in Category I maintained in agency department files may be used only for auditing and statistical purposes. All identifying information contained in unfounded reports must be destroyed immediately after use of the information for auditing and statistical purposes, and in no case later than one year from the date that the last report has been determined to be unfounded; provided, however, that all information in any such the report which is unnecessary for auditing and statistical purposes must be destroyed immediately upon a determination that such the report is unfounded and the remaining information must be kept strictly confidential except for auditing and statistical purposes. If an unfounded report is in Category II or Category III, the report and related information may be retained by the department in its records for one year for use by department staff or law enforcement agencies in relation to child abuse and neglect investigations or proceedings involving the subject of the report or the same child. The department may not use the information in records or entries of Category II or III unfounded reports for any purpose other than child abuse and neglect proceedings involving the same subject or the same child and auditing and statistical purposes. Notwithstanding Section 20-7-690 or any other provision of law, no information contained in unfounded reports may be disclosed under any circumstances. However, except that:
(1) the confidentiality and disclosure provisions of this subsection do not apply to information requested by the Department of Child Fatalities pursuant to Section 20-7-5930; and the information pertaining to an unfounded case must be released to the Department of Child Fatalities when the request is made pursuant to Section 20-7-5930.
(2) information in records concerning Category II or III unfounded reports may be disclosed to a law enforcement agency investigating a child abuse or neglect case involving the subject of the report or the same child.
If an unfounded report is in Category I, only information necessary for auditing and statistical purposes may be retained in department records or in the database. As soon as the record has been used for auditing or statistical purposes, it must be destroyed. All identifying information must be deleted from the database immediately upon use of the entry for auditing or statistical purposes. In no case may the record or entry be kept for more than one year from the date of the report. The department may not use the information contained in records or entries of Category I unfounded cases for any purpose other than auditing or statistical purposes. No information contained in the record or the database concerning a Category I unfounded case may be disclosed to any person or entity other than the Department of Child Fatalities pursuant to Section 20-7-5930.
(G)(J) Upon an affirmative determination, the names, addresses, birth dates, identifying characteristics, and other information of persons named in indicated reports maintained in agency files must be converted immediately to the category of 'affirmative determination'. The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes or persons named in affirmative determinations of child abuse or neglect maintained in agency files must be destroyed seven years from the date services are terminated. Upon a determination that more likely than not a person who is the subject of a report as defined by in Section 20-7-690(E) 20-7-490 did not commit child abuse or neglect, the name, address, birth date, and other identifying characteristics of that person must be purged immediately from the agency's department's files. This provision does not prohibit the agency department from maintaining an 'indicated report' which contains identifying information on the child who is the subject of the indicated report and those responsible for his welfare without identifying a subject of the report as defined by Section 20-7-690(E) or providing child protective services to the child who is the subject of the indicated report and those responsible for his the child's welfare.
(H)(K) A family court order resulting from proceedings initiated by the agency department pursuant to Sections 20-7-738 and 20-7-736 must include a judicial determination for inclusion in the statewide Central Registry of Child Abuse and Neglect of whether or not the subject of the report more likely than not abused or neglected the child.
(I)(L) The local child protective service agency department is charged with providing, directing, or coordinating the appropriate and timely delivery of services to children found to be abused or neglected and those responsible for their welfare or others exercising temporary or permanent control over such these children. Services must not be construed to include emergency protective custody provided for in Section 20-7-736.
(J)(M) In cases where a report has been filed with the Central Registry of Child Abuse and Neglect, as required by subsection (E)(H), the outcome of any further proceedings must be entered immediately by the agency department into the Central Registry of Child Abuse and Neglect.
(K)(N) After the initiation of protective services by the agency, if those receiving services indicate a refusal to cooperate, the agency shall withdraw. If the facts so warrant, the agency may petition the family court to invoke the jurisdiction of the court under the Family Court Act to intervene, but the agency may not threaten action to coerce participation. The department shall furnish to parents or guardians on a standardized form the following information as soon as reasonably possible after commencing the investigation:
(1) the names of the investigators;
(2) the allegations being investigated;
(3) whether the person's name has been recorded by the department as a suspected perpetrator of abuse or neglect;
(4) the right to inspect department records concerning the investigation;
(5) statutory and family court remedies available to complete the investigation and to protect the child if the parent or guardian or subject of the report indicates a refusal to cooperate;
(6) how information provided by the parent or guardian may be used.
(7) the possible outcomes of the investigation;
(8) the telephone number and name of a department employee available to answer questions.
(L)(O) The agency department shall cooperate with law enforcement agencies within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the child protective services agency department. Where the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the agency department shall notify the appropriate law enforcement agency of those facts within twenty-four hours of the agency's department's finding for the purposes of police investigation. The law enforcement agency shall file a formal incident report at the time it is notified by the agency department of the finding. When the intake report is of alleged sexual abuse, the agency department must notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary. The law enforcement agency shall file a formal incident report at the time it is notified of the alleged sexual abuse. In cases where the agency retains custody of the minor child(ren) and physical placement of the child(ren) is in the care of relatives the agency must provide the same services along with financial benefits provided to other license foster care placement and facilities provided the adult(s) with whom the child is placed meet all qualifications applicable to foster parents.
(M)(P) The agency department actively shall seek the cooperation and involvement of local public and private institutions, groups, and programs concerned with matters of child protection and welfare within the area it serves.
(N)(Q) The local child protective service agency office of the department responsible for situated in the county of the mother's legal residence shall provide, direct, or coordinate the appropriate and timely delivery of services to children born of incarcerated mothers where no provision has been made for placement of the child outside the prison setting. Referral of these cases to the appropriate local child protective service agency office is the responsibility of the agency or institution with custody of the mother.
(O)(R) The agency in all instances shall act in accordance with the policies, procedures, and regulations promulgated and distributed by the State Department of Social Services pursuant to this chapter./
Renumber sections to conform.
Amend title to conform.
Senator FAIR explained the amendment.
The amendment was adopted.
The General Committee proposed the following amendment (PFM\9422AC.96), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 20-7-95. A parent, guardian, or other person responsible for the care and support of a child may not be charged with unlawful neglect of a child, cruelty to a child, failure to provide reasonable support of a child, or a similar offense based on the exclusion from the home of a seventeen-year-old child where there is a demonstrable record that the child is incorrigible (beyond the control of parents)."/;
Amend further, as and if amended, Section 20-7-490(1), page 3, line 39, by deleting /seventeen eighteen/ and inserting /eighteen/;
Amend further, as and if amended, Section 20-7-490(3), page 4, beginning on line 22, by deleting item (c) and inserting:
/(c) fails to supply the child with adequate food, clothing, shelter, education as required under Article 1 of Chapter 65 of Title 59 supervision appropriate to the child's age and development, or health care though financially able to do so or offered financial or other reasonable means to do so and the failure to do so has caused physical or mental injury or presents a significant threat of injury as defined in this section. For the purpose of this chapter 'adequate health care' includes any medical or nonmedical remedial health care permitted or authorized under state law./;
Amend further, as and if amended, in Section 20-7-545, page 10, line 28, immediately after the /./ by inserting /This grant of immunity is cumulative to and does not replace any other immunity provided under the South Carolina Tort Claims Act./;
Amend further, as and if amended, Section 20-7-610(A), page 12, by inserting immediately after line 10:
/It is presumed that the child was taken into emergency physical custody, unless the officer clearly communicates to the department that the officer intended to take full emergency protective custody, involving both legal and physical custody, rather than having the decision concerning legal custody made after a preliminary investigation as provided in subsections (D) through (G)./;
Amend further, as and if amended, Section 20-7-610, beginning on page 14, by deleting subsections (H) through (O) and inserting:
/(H) If a law enforcement officer takes a child into emergency protective custody, the department shall conduct a preliminary investigation as provided in this section within seventy-two hours after the child was taken into emergency protective custody and shall make recommendations to the family court at the probable cause hearing or take other appropriate action as provided in this chapter.
(E)(I) The department local child protective services agency, upon the notification assuming legal custody of the child or upon notice from law enforcement that a child has been taken into emergency protective custody, shall begin a child protective investigation, including immediate attention to the protection of other children in the home, or other setting where the child was found. The department agency then shall initiate a removal proceeding in the appropriate family court pursuant to Section 20-7-736 on or before the next working day in the appropriate family court after initiating the investigation concerning a child taken into emergency protective custody. If a noncustodial parent is not named as a party, the agency department shall exercise every reasonable effort to promptly notify the noncustodial parent that a removal proceeding has been initiated and of the date and time of any hearings scheduled pursuant to this section. Upon a determination by the agency department before the pretrial probable cause hearing that the basis of the report of abuse or neglect is unfounded there is not a preponderance of evidence that child abuse or neglect occurred, the agency department may place temporary physical custody of the child with the parent, parents, guardian, immediate family member, or relative, with the agency department retaining legal custody pending the pretrial probable cause hearing. When the facts and circumstances of the report clearly indicate that no abuse or neglect occurred, the report promptly must be determined to be unfounded, and the agency department shall exercise reasonable efforts to expedite the placement of the child with the parent, parents, guardian, immediate family member, or relative.
(J) If the child is returned to the child's parent, guardian, or custodian following the preliminary investigation, a probable cause hearing must be held if requested by the child's parent, guardian, or custodian or the department or the law enforcement agency that took emergency physical custody of the child. The request must be made in writing to the court within ten days after the child is returned. A probable cause hearing pursuant to subsection (J) must be scheduled within seven days of the request to determine whether there was probable cause to take emergency physical custody of the child.
(K) The family court shall schedule a pretrial probable cause hearing to be held within ten days seventy-two hours of the initiation of the proceedings time the child was taken into emergency protective custody or within seventy-two hours of the time the child was taken into emergency physical custody if legal custody subsequently was assumed by the department, unless If the tenth third day falls upon a Saturday, Sunday, or holiday, then the pretrial probable cause hearing must be held no later than the next working day. If there is no term of court in the county when the pretrial probable cause hearing must be held, the hearing must be held in another county in the circuit. If there is no term of family court in another county in the circuit, then the pretrial probable cause hearing must may be heard in another court in an adjoining circuit. The probable cause hearing may be conducted by videoconference at the discretion of the judge. At the pretrial probable cause hearing, the family court shall undertake to fulfill the requirements of Section 20-7-110 and shall conduct a prima facie review of emergency action taken or initiated in behalf of the child determine whether there was and remains probable cause for the law enforcement officer to take emergency physical custody and for the department to assume legal custody of the child. If emergency protective custody of the child was taken, the family court shall determine whether there was and remains probable cause for the law enforcement officer to take emergency protective custody of the child. At the pretrial probable cause hearing, the respondents may submit affidavits as to facts which are alleged to form the basis of the removal and to cross-examine the agency's department's witnesses as to whether there existed probable cause to effect emergency removal. The hearing to determine whether removal of custody is needed, pursuant to Section 20-7-736, must be held within forty thirty-five days of the date of receipt of the removal petition.
(L) An order issued as a result of the probable cause hearing held pursuant to subsection (J) concerning a child of whom the department has assumed legal custody shall contain a finding by the court of whether reasonable efforts were made by the department to prevent removal of the child and a finding of whether continuation of the child in the home would be contrary to the welfare of the child. The order shall state:
(1) the services made available to the family before the department assumed legal custody of the child and how they related to the needs of the family;
(2) the efforts of the department to provide services to the family before assuming legal custody of the child;
(3) why the efforts to provide services did not eliminate the need for the department to assume legal custody;
(4) whether a meeting was convened as provided in subsection (D), the persons present, and the outcome of the meeting or, if no meeting was held, the reason for not holding a meeting;
(5) what efforts were made to place the child with a relative known to the child or in another familiar environment;
(6) whether the efforts to eliminate the need for the department to assume legal custody were reasonable including, but not limited to, whether services were reasonably available and timely, reasonably adequate to address the needs of the family, reasonably adequate to protect the child and realistic under the circumstances, and whether efforts to place the child in a familiar environment were reasonable.
An order issued as a result of the probable cause hearing held pursuant to subsection (J) concerning a child taken into emergency protective custody also shall contain the findings required in this subsection unless the court finds that the department's first contact with the child occurred under such circumstances that reasonable services would not have allowed the child to remain safely in the home. If the court finds that reasonable services would not have allowed the child to remain safely in the home, the court shall find that removal of the child without services or without further services was reasonable.
(M) If the court orders the child to remain in the legal custody of the department at the probable cause hearing, the family court may order expedited placement of the child with a relative of the first or second degree. The court shall require the department to check the names of all adults in the home against the Central Registry of Child Abuse and Neglect, other relevant records of the department, county sex abuse registers, and records for the preceding five years of law enforcement agencies in the jurisdiction in which the person resides and, to the extent reasonably possible, jurisdictions in which the person has resided during that period. The court may hold open the record of the probable cause hearing for twenty-four hours to receive the reports and based on these reports and other information introduced at the probable cause hearing, the court may order expedited placement of the child in the home of the relative. Nothing in this subsection precludes the department from requesting or the court from ordering pursuant to the department's request either a full study of the relative's home before placement or the licensing or approval of the relative's home before placement.
(F)(N) The family court may order ex parte that a child be taken into emergency protective physical custody without the consent of parents, guardians, or others exercising temporary or permanent control over the child if:
(1) The family court judge determines there is probable cause to believe that by reason of abuse or neglect there exists an imminent and substantial danger to the child's life, health, or physical safety; and
(2) Parents, guardians, or others exercising temporary or permanent control over the child are unavailable or do not consent to the child's removal from their custody.
(G)(O) If the court issues such an order it the court shall schedule a pretrial hearing, pursuant to the provisions of Section 20-7-736 and pursuant to the requirements of subsection (D)(K), within ten days seventy-two hours after the child was placed in taken into emergency physical custody. If the third day falls upon a Saturday, Sunday, or holiday, the hearing must be held no later than the next working day.
(P) The department and local law enforcement agencies shall develop written protocols to address issues related to emergency physical custody and emergency protective custody. The protocols shall cover at a minimum information exchange between the department and local law enforcement agencies, consultation on decisions to assume legal custody, and the transfer of responsibility over the child, including mechanisms and assurances for the department to arrange expeditious placement of the child./;
Amend further, as and if amended, Section 20-7-650(H) as contained in SECTION 7, page 23, by deleting lines 8 through 10 and inserting:
/immediately into the automated statewide Central Registry of Child Abuse and Neglect. Reports of child abuse and neglect must be entered into the registry and maintained in the agency files in the agency's centralized data system/;
Amend further, as and if amended, Section 20-7-650(H)(1), page 23, by deleting lines 22 and 23 and inserting:
/(1) Indicated reports must be maintained by the agency department only when accompanied by supplemental/;
Amend further, as and if amended, in Section 20-7-650, beginning on line 33, page 25, by deleting subsections (K) through (P) and inserting:
/(H)(K) A family court order resulting from proceedings initiated by the agency pursuant to Sections 20-7-738 and 20-7-736 must include a judicial determination for inclusion in the statewide Central Registry of whether or not the subject of the report more likely than not abused or neglected the child. At a hearing pursuant to Section 20-7-610(K), 20-7-736, or 20-7-738, at which the court orders that a child be taken or retained in custody or finds that the child was abused or neglected, the court shall determine whether the report must be entered on the Central Registry of Child Abuse and Neglect. The court shall order that the report be entered on the Central Registry if it finds that there is a preponderance of evidence that the child was abused or neglected and that the perpetrator would present a significant risk of child maltreatment if placed in a position involving care of or substantial contact with children.
(L) At any time following receipt of a report the department may petition the family court for an order directing that the report be entered on the Central Registry of Child Abuse and Neglect. The petition shall have attached a written case summary stating facts sufficient to establish by a preponderance of the evidence that the child was abused or neglected and that the perpetrator would present a significant risk of child maltreatment if placed in a position involving care of or substantial contact with children. The department shall serve a copy of the petition and summary on the subject of the report. The petition shall include a statement that the judge will rule based on the facts stated in the petition unless the subject of the report within five days after service of the petition makes a written request for a hearing to the attorney for the department. The name, address, and telephone number of the attorney for the department must be stated in the petition. If the subject of the report requests a hearing on the petition, the court shall schedule a hearing to be held no later than ten days following the request. An order directing the department to enter a report on the Central Registry also must include a provision requiring the department, within seven days of an agency determination or of the court subsequently issuing an order that there is not a preponderance of evidence that the subject of the report committed child abuse or neglect, to purge identifying information concerning that person from the Central Registry and from agency records as provided in Section 20-7-680(D) and (E).
(I)(M) The local child protective service agency department is charged with providing, directing, or coordinating the appropriate and timely delivery of services to children found to be abused or neglected and those responsible for their welfare or others exercising temporary or permanent control over such these children. Services must not be construed to include emergency protective custody provided for in Section 20-7-736.
(J)(N) In cases where a report has been filed with the Central Registry of Child Abuse and Neglect, as required by subsection (E), the outcome of any further proceedings must be entered immediately by the agency department into the Central Registry of Child Abuse and Neglect within seven days. If it is determined that there is not a preponderance of evidence that the subject of the report committed child abuse or neglect, the department must immediately purge identifying information concerning that person from the registry and from agency records as provided in Section 20-7-680(D) and (E).
(K)(O) After the initiation of protective services by the agency, if those receiving services indicate a refusal to cooperate, the agency shall withdraw. If the facts so warrant, the agency may petition the family court to invoke the jurisdiction of the court under the Family Court Act to intervene, but the agency may not threaten action to coerce participation. The department shall furnish to parents or guardians on a standardized form the following information as soon as reasonably possible after commencing the investigation:
(1) the names of the investigators;
(2) the allegations being investigated;
(3) whether the person's name has been recorded by the department as a suspected perpetrator of abuse or neglect;
(4) the right to inspect department records concerning the investigation;
(5) statutory and family court remedies available to complete the investigation and to protect the child if the parent or guardian or subject of the report indicates a refusal to cooperate;
(6) how information provided by the parent or guardian may be used.
(7) the possible outcomes of the investigation;
(8) the telephone number and name of a department employee available to answer questions.
(L)(P) The agency department shall cooperate with law enforcement agencies within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the child protective services agency department. Where the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the agency department shall notify the appropriate law enforcement agency of those facts within twenty-four hours of the agency's department's finding for the purposes of police investigation. The law enforcement agency shall file a formal incident report at the time it is notified by the agency department of the finding. When the intake report is of alleged sexual abuse, the agency department must notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary. The law enforcement agency shall file a formal incident report at the time it is notified of the alleged sexual abuse. In cases where the agency retains custody of the minor child(ren) and physical placement of the child(ren) is in the care of relatives the agency must provide the same services along with financial benefits provided to other license foster care placement and facilities provided the adult(s) with whom the child is placed meet all qualifications applicable to foster parents.
(M)(Q) The agency department actively shall seek the cooperation and involvement of local public and private institutions, groups, and programs concerned with matters of child protection and welfare within the area it serves.
(N)(R) The local child protective service agency office of the department responsible for situated in the county of the mother's legal residence shall provide, direct, or coordinate the appropriate and timely delivery of services to children born of incarcerated mothers where no provision has been made for placement of the child outside the prison setting. Referral of these cases to the appropriate local child protective service agency office is the responsibility of the agency or institution with custody of the mother.
(O)(S) The agency in all instances shall act in accordance with the policies, procedures, and regulations promulgated and distributed by the State Department of Social Services pursuant to this chapter./;
Amend further, as and if amended, Section 20-7-652(A), page 27, by deleting lines 8-9 and inserting:
/other person responsible for the welfare of a child will not consent to health care needed by the child, the department shall investigate pursuant/;
Amend further, as and if amended, Section 20-7-652, page 27, by deleting subsection (C) and inserting:
/(C) This section does not authorize intervention if the child is under the care of a physician licensed under Chapter 47, Title 40, who supports the decision of the parent or guardian as a matter of reasonable medical judgment./;
Amend further, as and if amended, in Section 20-7-680(B), page 31, line 39, after /unit/ by inserting /in accordance with Section 20-7-650./;
Amend further, as and if amended, Section 20-7-764, page 50, by inserting immediately after line 9:
/(I) Upon petition of a party in interest, the court may order the state or county director or other authorized representative of the department to show cause why the agency should not be required to provide services in accordance with the plan. A person who fails to comply with an order may be held in contempt and subject to appropriate sanctions imposed by the court./;
Amend further, as and if amended, Section 20-7-1570, page 57, by deleting subsection (A) and inserting:
/(A) If the parent is not represented by counsel, the judge shall make a determination on a case by case basis whether counsel is required. If the parent is indigent and counsel is not appointed, the judge shall enter on the record the reasons counsel was not required. Parents, guardians, or other persons subject to a termination of parental rights action are entitled to legal counsel. Those persons unable to afford legal representation must be appointed counsel by the family court, unless the defendant is in default./;
Amend further, as and if amended, Section 20-7-1570(B), page 57, by deleting (B) and inserting:
/(B) Any A child subject to any judicial proceeding under this subarticle must be appointed a guardian ad litem by the family court. If the a guardian ad litem who is not an attorney finds that appointment of counsel is necessary to protect the rights and interests of the child, an attorney must be appointed. If the guardian ad litem is an attorney, the judge shall determine on a case by case basis whether counsel is required for the guardian ad litem. However, counsel must be appointed for the guardian ad litem in any case that is contested./;
Amend the bill, as and if amended, SECTION 22, page 65, line 39, by deleting /July 1, 1996/ and inserting /January 1, 1997/.
Renumber sections to conform.
Amend totals and title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
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.
The following Bill having been read the second time was ordered placed on the third reading Calendar:
H. 4522 -- Reps. Allison, Wells, Littlejohn, Walker and Lee: A BILL TO AMEND SECTION 20-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETITIONS FOR ORDERS OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT NO FEE MAY BE CHARGED FOR FILING A PETITION; AND TO AMEND SECTION 20-4-60, RELATING TO ORDERS FOR PROTECTION, SO AS TO PROHIBIT GRANTING A MUTUAL ORDER OF PROTECTION EXCEPT UNDER CERTAIN CONDITIONS.
On motion of Senator HOLLAND, with unanimous consent, H. 4522 was ordered to receive a third reading on Thursday, May 23, 1996.
S. 942 -- Senators Giese, Wilson, Elliott and Reese: A BILL TO AMEND SECTION 22-2-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE OF A DULY SUMMONED JUROR IN MAGISTRATE'S COURT TO APPEAR, SO AS TO INCREASE THE PENALTY FOR VIOLATION; AND TO AMEND SECTION 22-3-950, RELATING TO A MAGISTRATE'S POWER TO PUNISH FOR CONTEMPT, SO AS TO INCREASE THE PENALTY FOR CONTEMPT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0942.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 22-2-130 of the 1976 Code is amended to read:
"Section 22-2-130. If any juror duly summoned shall neglect or refuse neglects or refuses to appear in obedience to any venire issued by any a magistrate's court and shall not within forty-eight hours does not render to the summoning magistrate a sufficient reason for his delinquency, he shall forfeit and pay a fine of ten dollars to the treasury of the county in which the case is tried, to be assessed by such magistrate and collected on his warrant without other process must be fined not exceeding fifty dollars. A failure to pay forthwith such the fine so assessed shall constitute constitutes a contempt of court and may be punished accordingly. No person shall serve on a jury in a magistrate's court more than once in a three-month period."
SECTION 2. Section 22-3-950 of the 1976 Code is amended to read:
"Section 22-3-950. Every magistrate shall have power to enforce the observance of decorum in his court while holding the same and for that purpose he may punish for contempt any person who shall, in the presence of the court, shall offer an insult to the magistrate or a juror or who shall be is wilfully guilty of an undue disturbance of the proceedings before the magistrate while sitting officially, as for a contempt, by fine and imprisonment, either or both, not exceeding twenty dollars fine and twelve hours imprisonment. A person guilty of contempt of court must be fined not exceeding twenty dollars or imprisoned not exceeding forty-eight hours, to be imposed in the discretion of the court."
SECTION 3. Section 14-7-1390 of the 1976 Code is amended to read:
"Section 14-7-1390. If a person duly drawn and summoned to attend as a juror in any court neglects to attend, without sufficient excuse, he shall pay a fine not exceeding twenty fifty dollars which shall be imposed by the court to which the juror was summoned and shall be paid into the county treasury."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator COURTNEY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator HOLLAND, S. 942 was ordered to receive a third reading on Thursday, May 23, 1996.
H. 4991 -- Reps. Cain and Cromer: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES FOREST SERVICE TO DENY A PERMIT APPLICATION TO CONDUCT MINERAL PROSPECTING OPERATIONS ON PUBLIC LANDS IN THE UPPER CHAUGA RIVER WATERSHED.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4431 -- Reps. Townsend, P. Harris, Huff, H. Brown, Cooper and Stille: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT AND WEIGHTINGS TO ESTABLISH COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO ADD A WEIGHTING FOR PUPILS WITH AUTISM.
Having voted on the prevailing side, Senator GIESE asked unanimous consent to make a motion to reconsider the vote whereby the Senate gave third reading to the Bill.
Senator SETZLER objected.
H. 3314 -- Rep. Rogers: A BILL TO AMEND SECTION 7-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO PROHIBIT A MEMBER OF THE COMMISSION FROM PARTICIPATING IN POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN DURING THE MEMBER'S TERM OF OFFICE, TO PROHIBIT A MEMBER OF THE COMMISSION FROM MAKING A CONTRIBUTION TO A CANDIDATE OR KNOWINGLY ATTEND A FUNDRAISER HELD FOR THE BENEFIT OF A CANDIDATE, AND TO PROVIDE THAT THE MEMBER MAY BE REMOVED FOR A VIOLATION OF THIS SECTION.
Senator McCONNELL raised a Point of Order that under Rule 38, the Bill had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
H. 3338 -- Reps. Jennings, Cobb-Hunter, Kennedy and Neal: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; TO AMEND SECTIONS 7-25-50 AND 7-25-60, BOTH AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 8-13-1300, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL; AND TO AMEND SECTION 8-13-1348, AS AMENDED, RELATING TO THE USE OF CAMPAIGN FUNDS, SO AS TO ESTABLISH A PROCEDURE BY WHICH A CAMPAIGN RELATED PAYMENT MUST BE MADE BY CHECK, REQUIRE THE EXPENDITURE OF THESE FUNDS TO BE DOCUMENTED WHEN PAID TO AN INDIVIDUAL RECIPIENT, REQUIRE THE DOCUMENTATION BE MAINTAINED AND INCLUDED IN CAMPAIGN REPORTS, AND PROVIDE THAT A CANDIDATE IS DEEMED TO HAVE VIOLATED SECTIONS 7-25-50 AND 7-25-60 IF HE DOES NOT COMPLY WITH THE PROVISIONS OF THIS SECTION, PROVIDE THAT NO PERSON MAY BE REIMBURSED FOR TRANSPORTATION SERVICES IN AN AMOUNT WHICH WOULD EXCEED THE MILEAGE ALLOWED BY LAW FOR MEMBERS OF STATE BOARDS, COMMISSIONS, AND COMMITTEES, AND THE AMOUNT PAID MAY NOT EXCEED THE AMOUNT PAID TO OFFICIAL POLL MANAGERS BY THE STATE ELECTION COMMISSION PURSUANT TO THE PROVISIONS OF SECTION 7-23-10.
Senator COURTNEY explained the Bill.
Senator McCONNELL raised a Point of Order that under Rule 38, the Bill had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
H. 4012 -- Reps. Townsend, Trotter and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 71 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL LICENSE PLATE FOR FOREST PRODUCT HAULERS; TO AMEND SECTION 56-3-120, RELATING TO EXEMPTIONS FROM REGISTERING AND LICENSING VEHICLES, SO AS TO EXEMPT CERTAIN KNUCKLEBOOM LOADERS FROM REGISTRATION AND LICENSING; TO AMEND SECTION 56-5-4090, AS AMENDED, RELATING TO THE LENGTH OF LOAD ON CERTAIN POLE TRAILERS AND CARRIERS, SO AS TO DELETE RESTRICTIONS TO THE HOURS CERTAIN VEHICLES CAN TRAVEL ON THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-4630, RELATING TO THE ATTACHMENT OF A LAMP OR FLAG ON LOADS EXTENDING CERTAIN LENGTHS BEYOND THE BED OR BODY OF A MOTOR VEHICLE, SO AS TO REVISE THE DIMENSIONS OF THE FLAG THAT MUST BE ATTACHED TO THE LOAD; AND TO AMEND SECTION 58-23-50, RELATING TO CERTAIN FORMS OF TRANSPORTATION THAT ARE EXEMPTED FROM PUBLIC SERVICE COMMISSION REGULATIONS, SO AS TO EXEMPT THE TRANSPORTATION OF LOGS FROM COMMISSION REGULATION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 2 (4012R006.DE) proposed by Senator Elliott and previously printed in the Journal of May 16, 1996.
On motion of Senator ROSE, Amendment No. 2 was carried over.
On motion of Senator DRUMMOND, the Bill was carried over.
S. 1168 -- Senator Martin: A BILL TO AMEND SECTION 40-57-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTINUING EDUCATION FOR REAL ESTATE AGENTS, SO AS TO PROVIDE SIXTEEN HOURS OF MANDATORY CONTINUING EDUCATION FOR REAL ESTATE LICENSEES.
On motion of Senator MARTIN, the Bill was carried over.
H. 4782 -- Rep. Easterday: A BILL TO AMEND SECTION 37-5-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, DEBTORS' REMEDIES, AND CIVIL LIABILITY FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO PROVIDE THAT CERTAIN PROVISIONS OF THIS SUBSECTION SHALL NOT BE CONSTRUED TO IMPOSE CIVIL LIABILITY OR PENALTIES ON AN ARRANGER OF CREDIT WHEN DISCLOSURE CONSTITUTING A VIOLATION OF THE FEDERAL TRUTH IN LENDING ACT IS ACTUALLY COMMITTED BY ANOTHER PERSON AND THE ARRANGER OF THE CREDIT HAS NO KNOWLEDGE OF THE VIOLATION WHEN IT OCCURRED, AND TO REQUIRE THE CREDITOR TO PROVIDE A COPY OF THE FINAL CLOSING DOCUMENTS TO THE ARRANGER OF CREDIT; TO AMEND SECTION 40-58-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE PROVISIONS OF LAW ON THE REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO DEFINE "REGULAR BUSINESS HOURS", "SATELLITE OFFICE", AND "TABLE-FUNDED TRANSACTION", AND TO MAKE CERTAIN CHANGES TO THE DEFINITION OF "EXEMPT PERSON OR ORGANIZATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 40-58-35 SO AS TO PROVIDE THAT A MORTGAGE LOAN BROKER MAY CONTRACT FOR AND RECEIVE A LOAN BROKER'S FEE AS SET FORTH IN THE BROKER'S FEE AGREEMENT WITH THE APPLICANT, AND PERMIT THE AGREEMENT TO INCLUDE A NONREFUNDABLE APPLICATION FEE; TO AMEND SECTION 40-58-65, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, RECORDS, CONFIDENTIALITY, THE PHYSICAL PRESENCE OF A MORTGAGE BROKER IN THE STATE, AND OFFICIAL PLACE OF BUSINESS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A REGISTERED MORTGAGE LOAN BROKER WITH AN OFFICIAL PLACE OF BUSINESS WITHIN SOUTH CAROLINA ALSO MAY MAINTAIN ONE OR MORE SATELLITE OFFICES UNDER CERTAIN CONDITIONS; TO AMEND SECTION 40-58-110, AS AMENDED, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, FIRST TIME REGISTRANTS' PROCESSING FEES, AND ANNUAL RENEWAL OF REGISTRATION, SO AS TO PROVIDE THAT A BROKER SHALL PAY AN INITIAL FEE OF FIFTY DOLLARS WHEN REGISTERING EACH SATELLITE LOCATION AND THAT THERE SHALL BE NO RENEWAL FEE CHARGED A SATELLITE OFFICE, REQUIRE THE BROKER TO GIVE WRITTEN NOTICE OF TEN DAYS BEFORE THE OPENING OF A NEW, OFFICIAL BRANCH OR SATELLITE LOCATION, AND PROVIDE THAT NO FEE IS REQUIRED WHEN THE REGISTRANT GIVES NOTICE OF A CHANGE OF ADDRESS FOR AN OFFICIAL BRANCH OR SATELLITE LOCATION; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO THE CONSUMER PROTECTION CODE, MISCELLANEOUS LOAN PROVISIONS, AND ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE INSTEAD THAT AN ATTORNEY LICENSED TO PRACTICE LAW IN SOUTH CAROLINA MUST BE INVOLVED IN THE CLOSING OF THE LOAN FOR CERTAIN PURPOSES, AND TO PROVIDE THAT THE TITLE INSURANCE MUST BE ISSUED THROUGH A TITLE INSURANCE COMPANY LICENSED TO CONDUCT BUSINESS IN SOUTH CAROLINA AND MUST BE ACCEPTABLE TO THE LENDER; AND TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO THE CONSUMER PROTECTION CODE, LOANS, MAXIMUM CHARGES, AND THE LOAN FINANCE CHARGE FOR CONSUMER LOANS OTHER THAN SUPERVISED LOANS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO A MORTGAGE LOAN BROKER AS DEFINED IN SECTION 40-58-20.
On motion of Senator SALEEBY, the Bill was carried over.
H. 4717 -- Reps. Sharpe and Rice: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO DEFINE "STRUCTURAL FILL"; TO AMEND SECTION 44-96-80, RELATING TO COUNTY OR REGIONAL SOLID WASTE MANAGEMENT PLANS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT DOES NOT AUTHORIZE A LOCAL GOVERNMENT TO ENACT ORDINANCES OR RESOLUTIONS TO REGULATE STRUCTURAL FILLS; AND TO AMEND SECTION 44-96-290, RELATING TO STANDARDS USED FOR GRANTING PERMITS TO PERSONS TO OPERATE A SOLID WASTE MANAGEMENT FACILITY, SO AS TO ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR SHORT-TERM STRUCTURAL FILLS.
On motion of Senator MOORE, the Bill was carried over.
H. 3141 -- Reps. Neilson, Inabinett, Hines, Lloyd and T. Brown: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND BENEFITS FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE FOR REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED, TO DELETE THE RESTRICTIONS ON INSURANCE BENEFITS, AND TO ALLOW THE DISTRICT TO SET THE AMOUNT OF PER DIEM.
Senator COURTNEY explained the Bill.
On motion of Senator SALEEBY, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator HOLLAND proposed the following Amendment No. 8A (JUD3730.046), which was adopted:
Amend the bill, as and if amended, page 14, beginning on line 18 by striking SECTION 10 in its entirety.
Amend the bill further, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION ___. Section 10-11-320 of the 1976 Code is amended to read:
"Section 10-11-320. It shall be is unlawful for any a person or group of persons: (a) to carry or have readily accessible to the person upon the capitol grounds or within the capitol building any firearm, a dangerous weapon other than a firearm carried pursuant to Article 4, Chapter 23, Title 31, explosive, or incendiary device; (b) to discharge any a firearm or explosive or to use any a dangerous weapon or to ignite any an incendiary device upon the capitol grounds or within the capitol building; or (c) to transport by any means upon the capitol grounds or within the capitol building any an explosive or incendiary device."
SECTION ___. Section 10-11-340 of the 1976 Code is amended to read:
"Section 10-11-340. Nothing contained in this article shall forbid prohibits any member of the General Assembly or any officer or employee or persons otherwise authorized and required to perform duties within the capitol building from performing their normal duties, including the carrying of firearms, except as may be limited by the rules of either House within their respective chambers."
SECTION ___. Section 16-23-420 of the 1976 Code is amended to read:
"Section 16-23-420. (A) It is unlawful for a person to carry into a private or public school, college, or university building, or any publicly owned building except those located on the State House grounds, or have in his possession in the area immediately adjacent to these buildings, a firearm of any kind, without the express permission of the authorities in charge of the buildings.
(B) It is unlawful for a person to enter these buildings, or the immediately adjacent areas, and to display, brandish, or threaten others with a firearm.
(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) This section does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science. A married student residing in apartments provided by the private or public school whose presence with a weapon in or around a particular building is authorized by persons legally responsible for the security of the buildings is also exempted from the provisions of this section."
Renumber remaining items to conform.
Renumber sections to conform.
Amend title to conform.
Senator HOLLAND explained the amendment.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator MARTIN, debate was interrupted by the Joint Assembly.
At 11:55 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:00 Noon the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that the Joint Assembly had convened under the terms of a Concurrent Resolution adopted by both Houses:
H. 4994 -- Rep. Delleney: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 22, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT AT LARGE, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2000; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, 13TH CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001.
The PRESIDENT announced that nominations were in order to elect a successor to fill the position of Judge, Circuit Court, At-Large, Seat #1.
Rep. F.G. Delleney, Jr., Chairman of the Judicial Screening Committee, indicated that Mr. Robert Sitgreaves Armstrong, Mr. James R. Barber, III, Mr. Daniel R. Eckstrom, Ms. Brenda Reddix-Smalls, and Ms. Paula H. Thomas had been screened and found qualified to serve.
On motion of Rep. Delleney, the names of Mr. Robert Armstrong, Ms. Brenda Reddix-Smalls, and Ms. Paula Thomas were placed in nomination.
On motion of Rep. Delleney, the name of Mr. James Barber was withdrawn from consideration.
On motion of Rep. Wright, the name of Mr. Daniel R. Eckstrom was withdrawn from consideration.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Armstrong:
Bryan Cork Drummond Giese Gregory Holland Lander Moore Reese Russell Ryberg Setzler Smith, J.V.
The following named Senators voted for Ms. Reddix-Smalls:
Ford Glover Jackson Matthews Patterson Washington
The following named Senators voted for Ms. Thomas:
Alexander Boan Courtney Elliott Fair Hayes Hutto Land Leatherman Martin McConnell McGill Mescher O'Dell Passailaigue Peeler Rankin Richter Rose Saleeby Short Smith, G. Thomas Waldrep Wilson
On motion of Rep. Fleming, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Armstrong:
Carnell Cave Cobb-Hunter Davenport Gamble Keyserling Kirsh Koon Lloyd Mason McAbee McElveen McTeer Phillips Rhoad Robinson Rogers Sharpe Shissias Stoddard Walker White Wilder
The following named Representatives voted for Ms. Reddix-Smalls:
Anderson Breeland Brown, G. Brown, J. Byrd Clyburn Govan Hines, J. Hines, M. Howard Inabinett Lee McMahand Moody-Lawrence Neal Scott Whipper, L. Whipper, S. Wilkes Williams
The following named Representatives voted for Ms. Thomas:
Allison Askins Bailey Baxley Boan Brown, H. Brown, T. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Delleney Easterday Felder Fleming Fulmer Hallman Harrell Harris, J. Harvin Herdklotz Hodges Hutson Jaskwhich Jennings Keegan Kelley Kinon Klauber Knotts Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Martin McCraw McKay Meacham Neilson Quinn Rice Richardson Riser Sandifer Seithel Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Wells Whatley Wilkins Witherspoon Wright Young Young-Brickell
Total Number of Senators voting 44
Total Number of Representatives voting 112
Grand Total 156
Necessary to a choice 79
Of which Mr. Armstrong received 36
Of which Ms. Reddix-Smalls received 26
Of which Ms. Thomas received 94
Whereupon, the PRESIDENT announced that the Honorable Paula H. Thomas was elected Judge, Circuit Court, At-Large, Seat #1, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to fill the position of Judge, 9th Judicial Circuit.
Rep. F.G. Delleney, Jr., Chairman of the Judicial Screening Committee, indicated that Mr. Dale L. DuTremble, Mr. Joseph S. Mendelsohn, Mr. Daniel F. Pieper, Mr. William L. Runyon, and Mr. James A. Turner had been screened and found qualified to serve.
On motion of Rep. Delleney, the names of Mr. Dale L. DuTremble and Mr. Daniel F. Pieper were placed in nomination.
On motion of Rep. Delleney, the names of Mr. Joseph S. Mendelsohn, Mr. William L. Runyon, and Mr. James A. Turner were withdrawn from consideration.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. DuTremble:
Cork Fair Gregory Land Lander Russell Setzler Short Washington
The following named Senators voted for Mr. Pieper:
Alexander Boan Bryan Courson Courtney Drummond Elliott Ford Giese Hayes Holland Hutto Jackson Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Ryberg Saleeby Smith, G. Smith, J.V. Thomas Waldrep Wilson
On motion of Rep. Fleming, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. DuTremble:
Baxley Cain Cotty Cromer Fulmer Hallman Hodges Jennings Keegan Kirsh Lanford Limehouse Martin McAbee Richardson Rogers Seithel Simrill Spearman Tripp Tucker Wright
The following named Representatives voted for Mr. Pieper:
Allison Anderson Bailey Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Felder Fleming Gamble Govan Harrell Harris, J. Harvin Herdklotz Hines, J. Hines, M. Howard Hutson Inabinett Jaskwhich Kelley Keyserling Kinon Klauber Knotts Koon Law Lee Limbaugh Littlejohn Lloyd Loftis Marchbanks Mason McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Scott Sharpe Shissias Smith, D. Smith, R. Stille Stoddard Stuart Townsend Trotter Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Young Young-Brickell
Total Number of Senators voting 44
Total Number of Representatives voting 112
Grand Total 156
Necessary to a choice 79
Of which Mr. DuTremble received 31
Of which Mr. Pieper received 125
Whereupon, the PRESIDENT announced that the Honorable Daniel F. Pieper was elected Judge, 9th Judicial Circuit, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to fill the position of Judge, Family Court, 13th Circuit, Seat #1.
Rep. F.G. Delleney, Jr., Chairman of the Judicial Screening Committee, indicated that Mr. Stephen S. Bartlett and Mr. Timothy L. Brown had been screened and found qualified to serve.
On motion of Rep. Delleney, the names of Mr. Stephen S. Bartlett and Mr. Timothy L. Brown were placed in nomination.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Bartlett:
Boan Courson Elliott Fair Hayes Leatherman Martin McConnell Rose Russell Smith, J.V. Thomas Wilson
The following named Senators voted for Mr. Brown:
Alexander Bryan Cork Courtney Drummond Ford Giese Glover Gregory Holland Hutto Jackson Land Lander Matthews McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Ryberg Saleeby Setzler Short Smith, G. Waldrep Washington
On motion of Rep. Fleming, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Bartlett:
Allison Anderson Baxley Boan Brown, H. Brown, J. Cain Cato Chamblee Clyburn Cooper Delleney Easterday Felder Fleming Gamble Harrell Harvin Hines, M. Jennings Keegan Kelley Kinon Klauber Knotts Lanford Law Lee Limbaugh Limehouse Littlejohn Marchbanks Martin Mason McAbee McCraw McKay Meacham Neilson Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Wilkins Witherspoon Wright Young Young-Brickell
The following named Representatives voted for Mr. Brown:
Askins Bailey Breeland Brown, T. Byrd Canty Carnell Cave Cobb-Hunter Cotty Cromer Dantzler Davenport Govan Hallman Harris, J. Hines, J. Hodges Howard Hutson Inabinett Jaskwhich Keyserling Kirsh Koon Lloyd Loftis McElveen McMahand McTeer Moody-Lawrence Neal Phillips Richardson Rogers Scott Shissias Stille Whatley Whipper, L. Whipper, S. White Wilder Wilkes Williams Wofford
Total Number of Senators voting 45
Total Number of Representatives voting 112
Grand Total 157
Necessary to a choice 79
Of which Mr. Bartlett received 79
Of which Mr. Brown received 78
Whereupon, the PRESIDENT announced that the Honorable Stephen S. Bartlett was elected Judge, Family Court, 13th Judicial Circuit, for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned; whereupon, the Senate returned to its Chamber and was called to order by its PRESIDENT.
At 12:40 P.M., the Senate reconvened.
At 12:41 P.M., on motion of Senator MARTIN, the Senate receded from business until 2:00 P.M.
The Senate reassembled at 2:05 P.M., and was called to order by the PRESIDENT.
At 2:05 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed ten minutes.
At 2:15 P.M., the Senate resumed.
Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a call of the Senate be made. The following Senators answered the call:
Alexander Boan Bryan Cork Courson Courtney Drummond Ford Giese Glover Gregory Hayes Holland Hutto Jackson Land Lander Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
Senators LEATHERMAN, FAIR and ELLIOTT recorded their presence subsequent to the Call of the Senate.
The following were received and referred to the appropriate committees for consideration:
Document No. 1939
Promulgated by Board of Education
R. 43-163. Administrative Personnel Compensation Guide and Contracts (Repeal)
Received by Lt. Governor May 22, 1996
Referred to Senate Committee on Education
120 day review expiration date September 19, 1996
(Subject to Sine Die Revision)
Document No. 1945
Promulgated by Board of Education
43-205. Administrative and Professional Personnel Qualifications, Duties and Workloads.
Received by Lt. Governor May 22, 1996
Referred to Senate Committee on Education
120 day review expiration date September 19, 1996
(Subject to Sine Die Revision)
Document No. 2028
Promulgated by Board of Education
43-274. Student Attendance
Received by Lt. Governor May 21, 1996
Referred to Senate Committee on Education
120 day review expiration date September 18, 1996
(Subject to Sine Die Revision)
Document No. 2045
Promulgated by Department of Transportation
63-338. Specific Information Service Signing
Received by Lt. Governor May 22, 1996
Referred to Senate Committee on Transportation
120 day review expiration date September 19, 1996
(Subject to Sine Die Revision)
S. 1081 -- Senators Drummond and Giese: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC ENTITIES ELIGIBLE FOR PARTICIPATION IN THE STATE HEALTH AND DENTAL INSURANCE PLANS AND THE REQUIREMENTS FOR THIS PARTICIPATION, SO AS TO AUTHORIZE THE WITHHOLDING OF STATE FUNDS OTHERWISE DUE THESE ENTITIES SUFFICIENT TO COVER DELINQUENT PAYMENTS AND TO PROVIDE THE METHOD OF THE WITHHOLDING AND REMITTING OF THESE SUMS TO THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
Whereupon, the PRESIDENT appointed Senators PATTERSON, HAYES and CORK of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
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 FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5 110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.
On motion of Senator McCONNELL, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator McCONNELL spoke on the report.
On motion of Senator McCONNELL, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT appointed Senators McCONNELL, MOORE, and COURSON to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator McCONNELL, the Report of the Committee of Free Conference to H.3961 was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
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 FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5 110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ PART I
SECTION 1. Chapter 19, Title 2 of the 1976 Code is amended to read:
Section 2-19-10. (A) Whenever an election is to be held by the General Assembly in Joint Session, including for members of the judiciary, a joint committee Judicial Merit Selection Commission, composed of eight members ten members, four of whom shall be members of the House of Representatives and four of whom shall be members of the Senate, shall be appointed, in the manner prescribed by this section, to consider the qualifications of the candidates. Each body shall determine how its respective members shall be selected. Each joint committee shall meet as soon after its appointment as may be practicable and shall elect one of its members as chairman, one as secretary, and such other officers as it may deem desirable. The Judicial Merit Selection Commission shall meet at least once annually and at other times as may be designated by the chairman. The commission, at its first meeting and then annually, shall elect a chairman and a vice-chairman who shall serve for a term of one year and until their successors are elected and qualified, and adopt rules necessary to the purposes of the commission. These rules shall address, among other things:
(1) the confidentiality of records and other information received concerning candidates for judicial office;
(2) the conduct of proceedings before the commission;
(3) receipt of public statements in support of, or in opposition to, any of the candidates;
(4) procedures to review the qualifications of retired judges for continued judicial service;
(5) contacting incumbent judges regarding their desire to seek reelection;
(6) prohibition against candidates communicating with individual members of the commission concerning the qualifications of candidates unless specifically authorized by the commission.
A member may succeed himself as chairman or vice-chairman. Six members of the commission constitute a quorum at all meetings.
(B) Notwithstanding any other provision of law, the Judicial Merit Selection Commission shall consist of the following individuals:
(1) three members appointed by the Speaker of the House of Representatives and two members appointed by the Chairman of the House Judiciary Committee and of these appointments:
(a) three members must be serving members of the General Assembly; and
(b) two members must be selected from the general public;
(2) three members appointed by the Chairman of the Senate Judiciary Committee and two members appointed by the President Pro Tempore of the Senate and of these appointments:
(a) three members must be serving members of the General Assembly; and
(b) two members must be selected from the general public.
(C) The term of office of a member of the commission who is not a member of the General Assembly shall be for four years subject to a right of removal at any time by the person appointing him, and until his successor is appointed and qualifies. A member of the commission who is a serving member of the General Assembly shall serve for the term of office to which he has been elected.
(D) A vacancy on the Judicial Merit Selection Commission must be filled for the remainder of the unexpired term in the same manner as provided for the original selection.
(E) No member of the commission shall receive any compensation for commission services, except those set by law for travel, board, and lodging expenses incurred in the performance of commission duties.
(F) No member of the Judicial Merit Selection Commission is eligible for nomination and appointment as a judge or justice of the state court system or administrative law judge division while serving on the commission and for a period of one year thereafter.
Section 2-19-15. For any office filled by election of the General Assembly for which screening is required pursuant to this chapter, except for judicial offices, the joint committee may not accept a notice of intention to seek such office from any candidate as provided by Section 2-19-10, until the clerk of the House or Senate, as appropriate, has certified that the proper notices required by this section have been published or provided or until the time for the publication of such notices has expired.
(1) If the office to be filled is from the State at large, a notice of the position vacancy must be forwarded to three newspapers of general circulation in the State with a request that it be published at least once a week for four consecutive weeks. If the office to be filled is from a congressional district, judicial circuit, or other area of this State less than the State at large, a notice of the position vacancy must be forwarded to three newspapers of general circulation in that district, circuit, or area with a request that it be published at least once a week for four consecutive weeks.
(2) Notices of the position vacancy also must be furnished, on or before the date of the first newspaper publication provided in item (1), in writing to any person who has informed the committee that he desires to be notified of same.
(3) If the office to be filled is from a congressional district, judicial circuit, or other area of the State but not from the State at large, notices of the position vacancy also must be provided to each member of the General Assembly representing a portion of that district, circuit, or area. If it is a position filled from the state at large, each member of the General Assembly shall receive such notice.
(4) The cost of the notification process required by this section must be absorbed and paid from the approved accounts of both houses as contained in the annual general appropriations act.
Nothing in this section prevents the joint committee from providing notices other than those required by this section which the committee believes are appropriate.
Section 2-19-20. (A) It is the responsibility of the Judicial Merit Selection Commission to determine when judicial vacancies are to occur in the administrative law judge division and on the family court, circuit court, Court of Appeals, or Supreme Court and to expeditiously investigate in advance the qualifications of those who seek nomination. For purposes of this chapter, a vacancy is created in the administrative law judge division or on the family court, circuit court, Court of Appeals, or Supreme Court when any of the following occurs: a term expires; a new judicial position is created; or a judge can no longer serve due to resignation, retirement, disciplinary action, disability, or death.
(B) The commission, upon receiving notice of a judicial vacancy, ascertaining that a judicial vacancy shall occur, or receiving the decision of an incumbent judge regarding his seeking reelection, shall notify the Supreme Court of the vacancy for publication in the advance sheets provided by the Clerk of the Supreme Court at least thirty days prior to closing applications for the vacancy. The commission shall, if practicable, also notify the South Carolina Bar, other professional legal organizations it considers appropriate, and each newspaper of this State with daily circulation of the vacancy at least thirty days prior to closing applications for the vacancy. This notice must include, but not be limited to, the judicial office in which the vacancy occurs, the address to which, and the date by which interested candidates may apply.
(C) The Judicial Merit Selection Commission shall announce and publicize vacancies and forthcoming vacancies in the administrative law judge division or on the family court, circuit court, Court of Appeals, or Supreme Court. A person who may desire to be considered for nomination as justice or judge may make application to the commission. The commission shall announce the names of those persons who have applied.
(D) Any person wishing to seek an a judicial office, which is elected by the General Assembly, shall file a notice of intention to seek the office with the joint committee Judicial Merit Selection Commission. Upon receipt of such the notice of intention, the joint committee commission shall begin to conduct such the investigation of the candidate as it deems considers appropriate and may in such the investigation utilize the services of any agency of State state government. Any such This agency shall, upon request, cooperate fully with the joint committee commission.
Section 2-19-25. The Judicial Merit Selection Commission is authorized to investigate and obtain information relative to any candidate for an administrative law judgeship or a family court, circuit court, Court of Appeals, or Supreme Court judgeship from any state agency or other group including, but not limited to, court administration and any law enforcement agency, to the extent permitted by law. The chairman of the commission shall notify the president of the South Carolina Bar of the judgeships to be filled and of the candidates for those judgeships no later than four weeks before the scheduled date for the public hearing. The chairman of the commission shall also request the South Carolina Bar to offer the commission an assessment of each candidate's qualifications for the judgeship sought, and the date by which the assessment must be returned to the commission. This assessment must specify the bar's finding as to whether each candidate is qualified or unqualified for the judgeship sought and the reasons for that finding. The commission may receive the bar's assessment in that form and at that time it desires but shall attach the assessments to its findings of fact in such form as the commission considers appropriate. Failure of the bar to return the assessment by the date requested is not a ground for delaying the applicable hearings or election.
Section 2-19-30. (A) Upon completion of the investigation, the chairman Chairman of the joint committee Judicial Merit Selection Commission shall schedule a public hearing concerning the qualifications of the candidates. Such hearings shall be conducted no later than two weeks prior to the date set in the election resolution for such election. Any person who desires to testify at the hearing, including candidates, shall furnish a written statement of his proposed testimony to the chairman of the joint committee commission. Such The statements shall must be furnished no later than forty-eight hours prior to before the date and time set for the hearing. The joint committee commission shall determine the persons who shall testify at the hearing. All testimony, including documents furnished to the joint committee commission, shall must be submitted under oath and persons knowingly furnishing false information either orally or in writing shall be are subject to the penalties provided by law for perjury and false swearing.
(B) During the course of the investigation, the joint committee commission may schedule an executive session at which each candidate, and other persons whom the committee commission wishes to interview, may be interviewed by the joint committee commission on matters pertinent to the candidate's qualification for the office to be filled.
(C) A reasonable time thereafter the committee commission shall render its tentative findings as to whether the candidate is qualified for the office to be filled and its reasons therefor as to each candidate.
(D) As soon as possible after the completion of the hearing, a verbatim copy of the testimony, documents submitted at the hearing, and findings of fact shall must be transcribed and published in the Journals of both houses or otherwise made available in a reasonable number of copies to the members of both houses prior to the date of the scheduled election, and a copy thereof shall be furnished to each candidate and anyone else upon request. A charge for these copies may be made as authorized in the Freedom of Information Act.
(E) A candidate may withdraw at any stage of the proceedings and in such this event no further inquiry, report on, or consideration of his candidacy shall be made.
Section 2-19-35. Where a vacancy on a board of trustees of a college or university of this State, requiring election by the General Assembly to fill, has occurred for any reason other than expiration of the term and is unfilled at the beginning of an annual session of the General Assembly, a joint review committee to consider applicants for this vacancy and others of similar circumstances must be appointed within six legislative days after the annual session of the General Assembly convenes, and the election to fill this vacancy must occur within six weeks after the joint review committee is appointed unless no candidates for the office are offering for election who have been reviewed by the committee. (A) The responsibility of the Judicial Merit Selection Commission is to investigate and consider the qualifications of the candidates for judicial office in the administrative law judge division or on the family court, circuit court, Court of Appeals, or Supreme Court. Investigations and consideration of the commission should include, but are not limited to, the following areas:
(1) constitutional qualifications;
(2) ethical fitness;
(3) professional and academic ability;
(4) character;
(5) reputation;
(6) physical health;
(7) mental stability;
(8) experience; and
(9) judicial temperament.
(B) In making nominations, race, gender, national origin, and other demographic factors should be considered by the commission to ensure nondiscrimination to the greatest extent possible as to all segments of the population of the State.
Section 2-19-40. Notwithstanding the provisions of this chapter, when there is no known opposition to a candidate, and there appears to be no substantial reason for having a public hearing, whether or not he a candidate is be an incumbent, and no request is made by at least ten six members of the House of Representatives and five members of the Senate Judicial Merit Selection Commission for a public hearing, the joint committee commission chairman upon recommendation of the joint committee commission may determine that such the public hearing is unnecessary and it shall may not be held., but no election shall be held prior to such a determination.
Section 2-19-50. All records, information and other material that the joint committee Judicial Merit Selection Commission has obtained or used to make its findings of fact, except such materials, records, and information presented under oath at the public hearing, shall must be kept strictly confidential. After the joint committee commission has reported its findings of fact, or after a candidate withdraws his name from consideration, all records, information, and material required to be kept confidential shall must be destroyed.
Section 2-19-60. The joint committee Judicial Merit Selection Commission in the discharge of its duties may administer oaths and affirmations, take depositions, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed considered necessary in connection with the investigation of such joint committee the candidate.
No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, or other records before the joint committee Judicial Merit Selection Commission on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. But no individual shall be prosecuted or subjected to any criminal penalty based upon testimony or evidence submitted or forfeiture for or on account of any transaction, matter or thing concerning which he is compelled, after having claimed his privilege against self incrimination, to testify or produce evidence, documentary or otherwise, except that such the individual so testifying shall not be exempt from prosecution and punishment for perjury and false swearing committed in so testifying.
In case of contumacy by any person or refusal to obey a subpoena issued to any person, any circuit court of this State or circuit judge thereof within the jurisdiction of which such the person guilty of contumacy or refusal to obey is found, resides, or transacts business, upon application by the joint committee Judicial Merit Selection Commission may issue to such persons this person an order requiring him to appear before the joint committee commission to produce evidence if so ordered or to give testimony touching the matter under investigation. Any failure to obey an order of the court may be punished as a contempt hereof. Subpoenas shall be issued in the name of the joint committee Judicial Merit Selection Commission and shall be signed by the joint committee commission chairman. Subpoenas shall be issued to such those persons as the joint committee commission may designate.
Section 2-19-70. (A) No member of the General Assembly may be elected to a judicial office while he is serving in the General Assembly nor shall that person be elected to a judicial office for a period of one year after he either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.
(B) The privilege of the floor in either house of the General Assembly may not be granted to a former member during the time his application is pending before the commission and during the time his nomination by the commission for election to a particular judicial office is pending in the General Assembly.
(C) No candidate for judicial office may seek directly or indirectly the pledge of a member of the General Assembly's vote or, directly or indirectly, contact a member of the General Assembly regarding screening for the judicial office until the qualifications of all candidates for that office have been determined by the judicial screening committee Judicial Merit Selection Commission and the commission has formally released its report as to the qualifications of all candidates for the vacancy to the General Assembly, nor may a. No member of the General Assembly may offer the his pledge until the qualifications of all candidates for that office have been determined by the judicial screening committee Judicial Merit Selection Commission and until the commission has formally released its report as to the qualifications of its nominees to the General Assembly. The formal release of the report of qualifications shall occur no earlier than forty-eight hours after the nominees have been initially released to members of the General Assembly. For purposes of this section, indirectly seeking a pledge means the candidate, or someone acting on behalf of and at the request of the candidate, requesting a person, before screening, to contact a member of the General Assembly on behalf of the candidate before nominations for that office are formally made by the commission. The prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements by the candidate detailing the candidate's qualifications.
(D) No member of the General Assembly may trade anything of value, including pledges to vote for legislation or for other candidates, in exchange for another member's pledge to vote for a candidate for judicial office.
(E) Violations of this section may be considered by the screening committee merit selection commission when it considers the candidate's qualifications. Violations of this section by members of the General Assembly shall be reported by the commission to the House or Senate Ethics Committee, as may be applicable. Violations of this section by non-legislative commission members shall be reported by the commission to the State Ethics Commission. A violation of this section is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days. Cases tried under this section may not be transferred from general sessions court pursuant to Section 22-3-545.
Section 2-19-80. Where the joint committee finds an incumbent judge for a family court, circuit court, court of appeals, or Supreme Court judgeship not qualified for the office sought, or an incumbent judge running for that judgeship withdraws or dies before the election after filing, the election for that office may not be held until additional candidates, if any, for a period of fourteen days from the date of the reopening of filing for that office have been given an opportunity to file notice of intention to seek the office pursuant to Section 2-19-20, hearings on these candidates, if necessary, have been conducted, pursuant to Section 2-19-30, and the joint committee has rendered its report concerning these additional candidates. (A) The commission shall make nominations to the General Assembly of candidates and their qualifications for election to the Supreme Court, Court of Appeals, circuit court, family court, and the administrative law judge division. It shall review the qualifications of all applicants for a judicial office and select therefrom and submit to the General Assembly the names and qualifications of the three candidates whom it considers best qualified for the judicial office under consideration. If fewer than three persons apply to fill a vacancy or if the commission concludes there are fewer than three candidates qualified for a vacancy, it shall submit to the General Assembly only the names and qualifications of those who are considered to be qualified, with a written explanation for submitting fewer than three names.
(B) The nominations of the commission for any judgeship are binding on the General Assembly, and it shall not elect a person not nominated by the commission. Nothing shall prevent the General Assembly from rejecting all persons nominated. In this event, the commission shall submit another group of names and qualifications for that position. Further nominations in the manner required by this chapter must be made until the office is filled.
(C)(1) If the commission does not find the incumbent justice or judge qualified for the judicial office held and sought, his name shall not be submitted to the General Assembly for reelection and upon expiration of his then current term of office, he shall cease serving in that judicial position.
(2) If the commission finds an incumbent judge not qualified for the office sought, or if an incumbent judge dies, withdraws, or becomes otherwise disqualified for the office sought between the time he makes application for the office and the date of the election therefor, the election for the office may not be held at that scheduled time and the commission shall proceed in accordance with the provisions of this chapter to make other nominations for the office as though a new vacancy without an incumbent exists in that office, including reopening the application process with all required notices. Nothing prevents the commission from including in its new nominations the names and qualifications of persons other than the incumbent judge it included in its previous nominations.
(D) The commission shall accompany its nominations to the General Assembly with reports or recommendations as to the qualifications of particular candidates.
(E) A period of at least three weeks must elapse between the date of the commission's nominations to the General Assembly and the date the General Assembly conducts the election for these judgeships.
Section 2-19-90. The General Assembly shall meet in joint session for the election of judges. The date and time for the joint session shall be set by concurrent resolution upon the recommendation of the Judicial Merit Selection Commission. The Chairman of the Judicial Merit Selection Commission shall announce the commission's nominees for each judicial race, and no further nominating or seconding speeches shall be allowed by members of the General Assembly. In order to be elected, a candidate must receive a majority of the vote of the members of the General Assembly voting in joint session.
Section 2-19-100. In order to be eligible for appointment by the Chief Justice to serve, any retired justice or judge of this State must have been reviewed by the Judicial Merit Selection Commission under procedures it shall establish to review retired judges' qualifications for continued judicial service and be found by the commission to be qualified to serve in these situations within two years of the date of his appointment to serve, except that if a justice or judge retired before the expiration of his then current term, no further review of that justice or judge is required until that term would have expired.
Section 2-19-110. In order to be eligible to be appointed by the Governor to serve, a master-in-equity must have been reviewed by the Judicial Merit Selection Commission under the procedures established pursuant to this chapter and be found by the commission to be qualified to serve. If a nominee is found to be not qualified by the commission, the Governor shall submit another name to the General Assembly for consideration."
SECTION 2. Title 2 of the 1976 Code is amended by adding:
Section 2-20-10. Except as otherwise provided in Section 58-3-26, whenever an election is to be held by the General Assembly in joint session, except for members of the judiciary, a joint committee composed of eight members, four of whom must be members of the House of Representatives and four of whom must be members of the Senate, must be appointed to consider the qualifications of the candidates. Each body shall determine how its respective members are selected. Each joint committee shall meet as soon after its appointment as practicable and elect one of its members as chairman, one as secretary, and other officers as it considers desirable.
Section 2-20-15. For any office filled by election of the General Assembly for which screening is required pursuant to this chapter, except for judicial offices, the joint committee may not accept a notice of intention to seek the office from any candidate as provided by Section 2-20-10, until the clerk of the House or Senate, as appropriate, has certified that the proper notices required by this section have been published or provided or until the time for the publication of the notices has expired.
(1) If the office to be filled is from the State at large, a notice of the position vacancy must be forwarded to three newspapers of general circulation in the State with a request that it be published at least once a week for four consecutive weeks. If the office to be filled is from a congressional district, judicial circuit, or other area of this State less than the State at large, a notice of the position vacancy must be forwarded to three newspapers of general circulation in that district, circuit, or area with a request that it be published at least once a week for four consecutive weeks.
(2) Notices of the position vacancy also must be furnished, on or before the date of the first newspaper publication provided in item (1), in writing to any person who has informed the committee that he desires to be notified of the vacancy.
(3) If the office to be filled is from a congressional district, judicial circuit, or other area of the State but not from the State at large, notices of the position vacancy also must be provided to each member of the General Assembly representing a portion of that district, circuit, or area. If it is a position filled from the State at large, each member of the General Assembly shall receive the notice.
(4) The cost of the notification process required by this section must be absorbed and paid from the approved accounts of both houses as contained in the annual general appropriation act.
Nothing in this section prevents the joint committee from providing notices other than those required by this section, which the committee believes are appropriate.
Section 2-20-20. Any person wishing to seek an office, which is elected by the General Assembly, shall file a notice of intention to seek the office with the joint committee. Upon receipt of the notice of intention, the joint committee shall begin to conduct investigation of the candidate as it considers appropriate and may in the investigation utilize the services of any agency of state government. The agency shall, upon request, cooperate fully with the joint committee.
Section 2-20-30. Upon completion of the investigation, the chairman of the joint committee shall schedule a public hearing concerning the qualifications of the candidates. The hearing shall be conducted no later than two weeks prior to the date set in the election resolution for the election. Any person who desires to testify at the hearing, including candidates, shall furnish a written statement of his proposed testimony to the chairman of the joint committee. These statements shall be furnished no later than forty-eight hours prior to the date and time set for the hearing. The joint committee shall determine the persons who shall testify at the hearing. All testimony, including documents furnished to the joint committee, shall be submitted under oath and persons knowingly furnishing false information either orally or in writing shall be subject to the penalties provided by law for perjury and false swearing. During the course of the investigation, the joint committee may schedule an executive session at which each candidate, and other persons whom the committee wishes to interview, may be interviewed by the joint committee on matters pertinent to the candidate's qualification for the office to be filled. A reasonable time thereafter the committee shall render its tentative findings as to whether the candidate is qualified for the office to be filled and its reasons therefor as to each candidate.
As soon as possible after the completion of the hearing, a verbatim copy of the testimony, documents submitted at the hearing, and findings of fact shall be transcribed and published in the journals of both houses or otherwise made available in a reasonable number of copies to the members of both houses prior to the date of the scheduled election, and a copy thereof shall be furnished to each candidate.
A candidate may withdraw at any stage of the proceedings, and in this event no further inquiry, report on, or consideration of his candidacy shall be made.
Section 2-20-35. Where a vacancy on a board of trustees of a college or university of this State, requiring election by the General Assembly to fill, has occurred for any reason other than expiration of the term and is unfilled at the beginning of an annual session of the General Assembly, a joint review committee to consider applicants for this vacancy and others of similar circumstances must be appointed within six legislative days after the annual session of the General Assembly convenes, and the election to fill this vacancy must occur within six weeks after the joint review committee is appointed unless no candidates for the office are offering for election who have been reviewed by the committee.
Section 2-20-40. Notwithstanding the provisions of this chapter, when there is no known opposition to a candidate, and there appears to be no substantial reason for having a public hearing, whether or not the candidate be an incumbent, and no request is made by at least ten members of the House of Representatives and five members of the Senate for a public hearing, the joint committee chairman upon recommendation of the joint committee may determine that a public hearing is unnecessary and shall not be held, but no election shall be held prior to this determination.
Section 2-20-50. All records, information, and other material that the joint committee has obtained or used to make its findings of fact, except materials, records, and information presented under oath at the public hearing, shall be kept strictly confidential. After the joint committee has reported its findings of fact, or after a candidate withdraws his name from consideration, all records, information, and material required to be kept confidential shall be destroyed.
Section 2-20-60. The joint committee in the discharge of its duties may administer oaths and affirmations, take depositions, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records considered necessary in connection with the investigation of the joint committee.
No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, or other records before the joint committee on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. However, no individual shall be prosecuted or subjected to any criminal penalty based upon testimony or evidence submitted or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self incrimination, to testify or produce evidence, documentary or otherwise, except that the individual so testifying shall not be exempt from prosecution and punishment for perjury and false swearing committed in so testifying.
In case of contumacy by any person or refusal to obey a subpoena issued to any person, any circuit court of this State or circuit judge thereof within the jurisdiction of which the person guilty of contumacy or refusal to obey is found, resides, or transacts business, upon application by the joint committee may issue to the person an order requiring him to appear before the joint committee to produce evidence if so ordered or to give testimony touching the matter under investigation. Any failure to obey an order of the court may be punished as a contempt hereof. Subpoenas shall be issued in the name of the joint committee and shall be signed by the joint committee chairman. Subpoenas shall be issued to those persons as the joint committee may designate."
SECTION 3. Section 20-7-1370(A) of the 1976 Code, as last amended by Act 17 of 1989, is further amended to read:
"(A) No person shall be eligible to the office of family court judge who is not at the time of his assuming the duties of such office a citizen of the United States and of this State, and has not attained the age of twenty-six thirty-two years, has not been a licensed attorney at law for at least five eight years, and has not been a resident of this State for five years next preceding his election, and is not a resident of the circuit wherein the family court of which he is a judge is located. Notwithstanding any other provision of law, any former member of the General Assembly may be elected to the office of family court judge.
Any family court judge serving in office on the effective date of the provisions of this section requiring a family court judge to be at least thirty-two years of age and to have at least eight years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney at law for purposes of future reelections to the office of family court judge."
SECTION 4. Section 14-1-215 of the 1976 Code is amended to read:
"Section 14-1-215. (A) A retired judge or justice from the Supreme Court, Court of Appeals, or circuit court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any circuit court of this State. A retired judge or justice from the Supreme Court or Court of Appeals of this State may be assigned by the Chief Justice of the Supreme Court to act as an associate justice or judge in any proceeding before the Supreme Court or Court of Appeals. A retired judge from the family court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any family court of this State.
In order to be eligible to be appointed by the Chief Justice to serve, any retired justice or judge of this State must have been screened reviewed in the manner provided in Section 2-19-10 et seq. and found by the committee commission to be qualified to serve in these situations within two years of the date of his appointment to serve, except that if a justice or judge retired before the expiration of his then current term, no further screening review of that justice or judge is required until that term would have expired.
(B) Except as provided by subsection (A), prior to any person appointed or elected to serve as a justice of the Supreme Court, Court of Appeals Judge, Circuit Court Judge, or Family Court Judge acting in that capacity, that person shall be screened in the manner provided by Section 2-19-10 and found by the committee to be qualified to serve."
SECTION 5. Section 14-11-20 of the 1976 Code is amended to read:
"Section 14-11-20. Masters-in-equity must be appointed by the Governor with the advice and consent of the General Assembly for a term of six years and until their successors are appointed and qualify. No person is eligible to hold the office of master-in-equity who is not at the time of his appointment a citizen of the United States and of this State, has not attained the age of twenty-six thirty-two years upon his appointment, has not been a licensed attorney for at least five eight years upon his appointment, and has not been a resident of this State for five years immediately preceding his appointment, and has not been found qualified by the Judicial Merit Selection Commission.
Each master-in-equity of this State qualifies by taking the oath required by the Constitution of this State before a justice of the Supreme Court, a judge of the Court of Appeals, the President of the Senate, the Speaker of the House of Representatives, a circuit judge, the Clerk of the Supreme Court, a clerk of the Court of Common Pleas, or a probate judge of the county and immediately enters upon his duties. The oath must be filed in the office of the Secretary of State.
A full-time master-in-equity is prohibited from engaging in the practice of law. A part-time master-in-equity may practice law but is prohibited from appearing before another master-in-equity. A standing master-in-equity may not serve as the probate judge of any county."
SECTION 6. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 7. (A) This act, except as otherwise provided in subsections (B), (C), and (D) of this section, takes effect July 1, 1997, and is contingent upon a ratification of an amendment to Article V of the Constitution of this State authorizing the establishment of a Judicial Merit Selection Commission to assist the General Assembly in the election of Supreme Court justices, judges of the Court of Appeals and the circuit court, and judges of other courts of this State who are elected by the General Assembly.
(B) Notwithstanding the provisions of subsection (A), upon the approval of this act by the Governor, the powers, duties, and responsibilities of the Joint Committee to Review Judicial Candidates pursuant to Chapter 19 of Title 2 of the 1976 Code are hereby devolved upon the Judicial Merit Selection Commission established by this act and for this purpose the members of the Judicial Merit Selection Commission may be appointed and at this time the commission may organize and adopt rules of procedure. The commission in performing these screening duties shall apply existing provisions of law as applicable without regard to the provisions as added by this act, and its findings as to candidates' qualifications shall be advisory only and not binding on the General Assembly in the same manner the findings of the legislative screening committee for judicial candidates in regard to their qualifications applied to the General Assembly.
When the amendment to Article V of the Constitution authorizing the establishment of the commission is ratified, the commission shall begin making binding nominations to the General Assembly for judicial vacancies which occur on or after July 1, 1997, in the manner provided in this act. If this amendment to Article V of the Constitution authorizing the establishment of the commission is not ratified, the commission after July 1, 1997, shall continue to act as the legislative screening committee for judicial vacancies which are filled by election of the General Assembly as above provided.
(C) Section 3 of this act takes effect upon ratification of an amendment to Section 15 of Article V of the Constitution of this State providing for a thirty-two-year-old age requirement and an eight-year requirement as a licensed attorney at law for Supreme Court justices and judges of the Court of Appeals and the circuit court.
(D) Sections 4 and 5 take effect upon approval of this act by the Governor./
Amend title to conform.
/s/Glenn F. McConnell /s/Francis G. "Greg" Delleney, Jr. /s/Thomas L. Moore /s/William D. "Doug" Smith /s/John E. Courson /s/Ronald N. Fleming On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
On motion of Senator McCONNELL, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator McCONNELL spoke on the report.
On motion of Senator McCONNELL, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT appointed Senators McCONNELL, MOORE and COURSON to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
Senator McCONNELL moved that the text of the Report of the Committee of Free Conference on the Joint Resolution be printed upon the pages of the Journal.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
SECTION 1. It is proposed that Article V, Section 15 of the Constitution of South Carolina, 1895, be amended to read:
"Section 15. No person shall be eligible to the office of Chief Justice, Associate Justice of the Supreme Court, judge of the Court of Appeals, or judge of the Circuit Court circuit court who is not at the time of his election a citizen of the United States and of this State, and has not attained the age of at least twenty-six thirty-two years, has not been a licensed attorney at law for at least five eight years, and has not been a resident of this State for five years next preceding his election.
Any justice or judge serving in office on the effective date of the provisions of this section requiring a justice or judge to be at least thirty-two years of age and to have at least eight years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney for purposes of future reelections to that judicial office."
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 15 of Article V of the Constitution of this State relating to qualifications for justices of the Supreme Court and judges of the Court of Appeals and the circuit court be amended so as to increase from twenty-six to thirty-two the age requirement for election to these offices, to increase from five to eight the number of years which a person must have been a licensed attorney at law in order to be eligible for election to these offices, and to provide that any justice or judge serving in office on the effective date of the provisions of this section requiring a justice or judge to be at least thirty-two years of age and to have at least eight years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney at law for purposes of future reelections to that judicial office?
SECTION 3. It is proposed that Article V of the Constitution of this State be amended by adding:
"Section 27. In addition to the qualifications for circuit court and Court of Appeals judges and Supreme Court justices contained in this article, the General Assembly by law shall establish a Judicial Merit Selection Commission to consider the qualifications and fitness of candidates for all judicial positions on these courts and on other courts of this State which are filled by election of the General Assembly. The General Assembly must elect the judges and justices from among the nominees of the commission to fill a vacancy on these courts.
No person may be elected to these judicial positions unless he or she has been found qualified by the commission. Before a sitting member of the General Assembly may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the General Assembly must first resign his office and have been out of office for a period established by law. Before a member of the commission may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the commission must not have been a member of the commission for a period to be established by law."
SECTION 4. 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 Article V of the Constitution of this State be amended by adding Section 27 so as to provide that the General Assembly by law shall establish a judicial merit selection commission to nominate candidates for election to judicial positions on the courts of this State which are filled by election of the General Assembly, to provide that the General Assembly must elect judges and justices for these courts from among these nominees, to provide that no person may be elected to these judicial positions unless he or she has been found qualified by the commission, and to provide that before a sitting member of the General Assembly may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the General Assembly must first resign his office and have been out of office for a period established by law. Before a member of the commission may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the commission must not have been a member of the commission for a period established by law?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Amend title to conform.
/s/Glenn F. McConnell /s/F. G. Delleney, Jr. /s/Thomas L. Moore /s/William Douglas Smith /s/John E. Courson /s/Ronald N. Fleming On Part of the Senate. On Part of the House.
The question then was the adoption of the Report of the Committee of Free Conference.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan
Cork Courson Courtney
Drummond Elliott Fair
Ford Giese Glover
Gregory Hayes Holland
Hutto Jackson Land
Lander Leatherman Leventis
Martin Matthews McConnell
McGill Mescher Moore
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Richter Rose Russell
Ryberg Saleeby Setzler
Short Smith, G. Smith, J.V.
Thomas Waldrep Washington
Wilson
The Report of the Committee of Free Conference was adopted, and a message was sent to the House accordingly.
The following were introduced:
S. 1428 -- Senators Hayes, Gregory, Peeler and Short: A SENATE RESOLUTION RECOGNIZING AND HONORING THE HONORABLE JUANITA C. W. GOGGINS OF YORK COUNTY, THE FIRST AFRICAN-AMERICAN WOMAN TO BE ELECTED TO THE SOUTH CAROLINA GENERAL ASSEMBLY.
The Senate Resolution was adopted.
H. 5057 -- Reps. Wilkins, Haskins, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. LUCILE ROUKOS SHEHEEN OF CAMDEN, MOTHER OF OUR FRIEND AND DISTINGUISHED COLLEAGUE, THE HONORABLE ROBERT J. SHEHEEN, AND EXTENDING DEEPEST SYMPATHY TO ALL OF THE MEMBERS OF THE SHEHEEN FAMILY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5058 -- Rep. Harvin: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING CARRIE SINKLER-PARKER OF ALCOLU ON RECEIVING THE FIRST ANNUAL MARY MCLEOD BETHUNE PERSEVERANCE, ACHIEVEMENT AND CHARITY AWARD.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
H. 4706 -- Reps. Wilkins, Kennedy, Harrell, Hutson, Neilson, S. Whipper, J. Hines, Harvin, Howard, Askins, White, Fleming, Jennings, Keegan, Anderson, L. Whipper, M. Hines, Cobb-Hunter, Breeland, Neal, Young-Brickell, Easterday, J. Harris, Koon, Meacham, J. Young, Harrison, Clyburn, Herdklotz, Knotts, Inabinett, Wright, Lloyd, Law, Gamble, Delleney, Cave, Govan, H. Brown, Felder, Robinson, Mason, Carnell, D. Smith, Rice, Sharpe, Boan, Fulmer, Chamblee, Stuart, Shissias, Klauber, T. Brown, Spearman, Williams, Kinon, Limbaugh, Scott, Riser, McTeer, McElveen, Hodges and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA RURAL DEVELOPMENT ACT OF 1996" INCLUDING PROVISIONS TO AMEND SECTION 12-10-20, RELATING TO LEGISLATIVE FINDINGS PERTAINING TO THE ENTERPRISE ZONE ACT, SO AS TO PROVIDE ADDITIONAL FINDINGS; TO AMEND SECTION 12-10-30, RELATING TO DEFINITIONS UNDER THE ENTERPRISE ZONE ACT, SO AS TO DELETE THE DEFINITION OF "SERVICES"; TO AMEND SECTION 12-10-40, AS AMENDED, RELATING TO THE DESIGNATION AND CRITERIA OF ENTERPRISE ZONES, SO AS TO DELETE SPECIFIED CRITERIA AND TO PROVIDE THAT THE AMOUNT OF BENEFITS ALLOWED IS DETERMINED BY THE COUNTY DESIGNATION IN WHICH THE BUSINESS IS LOCATED; TO AMEND SECTION 12-10-50, RELATING TO CRITERIA TO QUALIFY FOR BENEFITS, SO AS TO PROVIDE THAT THE ENTIRE STATE OF SOUTH CAROLINA IS AN ENTERPRISE ZONE; TO AMEND SECTION 12-10-70, RELATING TO BENEFITS OF QUALIFYING BUSINESSES, SO AS TO REVISE THESE BENEFITS AND PROVIDE THAT QUALIFYING BUSINESSES ARE ELIGIBLE TO USE SPECIAL SOURCE REVENUE BONDS; TO AMEND SECTION 12-10-80, RELATING TO JOB DEVELOPMENT FEES, SO AS TO PERMIT A QUALIFYING BUSINESS TO COLLECT JOB DEVELOPMENT FEES FOR NEW JOBS CREATED AND FOR OTHER REASONS, TO FURTHER PROVIDE FOR THE PURPOSES FOR WHICH SUCH FUNDS MAY BE SPENT, TO PROVIDE FOR THE RETAINAGE OF JOB DEVELOPMENT FEES UNDER CERTAIN CONDITIONS, TO CREATE THE RURAL INFRASTRUCTURE FUND AND PROVIDE FOR ITS FUNDING, AND TO PROVIDE THAT ANY STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION MAY PROVIDE RETRAINING INSTEAD OF ONLY TECHNICAL COLLEGES; TO ADD SECTION 12-10-85 SO AS TO PROVIDE GUIDELINES FOR THE USES OF THE RURAL DEVELOPMENT FUND; TO AMEND SECTION 12-10-90, RELATING TO LEVELS OF CAPITAL INVESTMENT OR EMPLOYMENT IN REVITALIZATION AGREEMENTS, SO AS TO PROVIDE THAT THE COUNCIL ALONE CAN TERMINATE REVITALIZATION AGREEMENTS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOBS TAX CREDITS, SO AS TO REVISE THE REQUIREMENTS AND QUALIFICATIONS FOR JOBS TAX CREDITS; TO AMEND SECTION 12-6-2320, AS AMENDED, RELATING TO ALLOCATION AND APPORTIONMENT OF A TAXPAYER'S INCOME, SO AS TO FURTHER DEFINE THE TERM "TAXPAYER" IN REGARD TO A CONTROLLED GROUP OF CORPORATIONS; TO AMEND SECTION 12-6-3440, AS AMENDED, RELATING TO TAX CREDITS FOR EMPLOYEE CHILD CARE PROGRAMS, SO AS TO REVISE THE MANNER IN WHICH THESE TAX CREDITS ARE DETERMINED AND ALLOCATED; TO AMEND SECTION 12-6-3450, RELATING TO INCOME TAX CREDITS FOR PERSONS TERMINATED FROM EMPLOYMENT AS A RESULT OF THE CLOSING OF FEDERAL MILITARY INSTALLATIONS, SO AS TO PROVIDE AN APPLICABLE FEDERAL FACILITY, RATHER THAN JUST A MILITARY INSTALLATION, MAY RECEIVE THE BENEFITS OF THIS CREDIT; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDITS FOR EMPLOYING PERSONS RECEIVING AID TO FAMILIES WITH DEPENDENT CHILDREN, SO AS TO FURTHER PROVIDE FOR THE COMPUTATION OF AND REQUIREMENTS FOR THIS CREDIT; TO AMEND SECTION 12-14-30, AS AMENDED, RELATING TO DEFINITIONS UNDER THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT, SO AS TO DELETE LANGUAGE PERTAINING TO MANUFACTURING FACILITIES THAT HAVE CLOSED OR EXPERIENCED LAYOFFS AS BEING ELIGIBLE FOR CERTAIN BENEFITS UNDER THIS ACT; TO AMEND TITLE 12, RELATING TO TAXATION, BY ADDING CHAPTER 12 SO AS TO ESTABLISH THE REQUIREMENTS FOR AND PROCEDURES UNDER WHICH A TAXPAYER WHO HAS A GAIN FROM THE SALE OR OTHER DISPOSITION OF A CAPITAL ASSET MAY DEFER RECOGNITION OF ALL OR A PART OF THE GAIN; TO AMEND SECTION 12-36-70, RELATING TO THE DEFINITION OF A "RETAILER" AND "SELLER" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO REVISE THE EXEMPTION PERTAINING TO THE FURNISHING OF ACCOMMODATIONS TO TRANSIENTS; TO AMEND SECTION 12-36-920, RELATING TO THE TAX ON ACCOMMODATIONS, SO AS TO EXCLUDE FROM THE ACCOMMODATIONS TAX THE EXEMPTION PROVIDED IN SECTION 12-36-70; TO AMEND SECTION 12-36-120, AS AMENDED, RELATING TO THE DEFINITION OF A "SALE AT WHOLESALE", SO AS TO INCLUDE THE PURCHASE OF PALLETS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO INCLUDE PALLETS IN THE SALES TAX EXEMPTION FOR PACKAGING MATERIALS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO FURTHER PROVIDE FOR THE EXEMPTION FOR AIR CARRIER HUB TERMINAL FACILITIES; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO NOTICE OF TAX REASSESSMENTS AND OBJECTIONS THERETO, SO AS TO FURTHER PROVIDE FOR WHEN THE TAXPAYER AND THE ASSESSOR ARE BOUND BY THE ASSESSED VALUE OF THE PROPERTY AND TO MAKE THESE PROVISIONS APPLY TO REASSESSMENTS MADE ON OR AFTER DECEMBER 31, 1991; TO AMEND SECTION 4-12-30, RELATING TO FEES IN LIEU OF TAXES AND EXCEPTIONS FOR QUALIFYING INDUCEMENT LEASE AGREEMENTS, SO AS TO REDEFINE THE TERM "CONTROLLED GROUP", DELETE THE REQUIREMENT THAT THE BOARD OF ECONOMIC ADVISORS DETERMINE THE BENEFITS OF A FEE PROJECT AND PROVIDE INSTEAD THAT THE COUNTY COUNCIL SHALL DETERMINE SUCH BENEFITS, DELETE THE REQUIREMENT THAT A RESERVE ACCOUNT BE MAINTAINED, REVISE THE TIME PERIODS TO MEET CERTAIN REQUIREMENTS AND PROCEDURES REQUIRED TO BE FOLLOWED, REVISE THE MINIMUM ASSESSMENT RATIOS FOR SPECIFIED QUALIFYING BUSINESSES, ALLOW REPLACEMENT PROPERTY TO QUALIFY FOR THE FEE UNDER CERTAIN CONDITIONS, PERMIT THE AMENDING OF INDUCEMENT AGREEMENTS AT ANY TIME WITH RESTRICTIONS, PROVIDE GUIDELINES FOR THE TRANSFERRING OF FEE PROPERTY, REVISE CERTAIN INTEREST CHARGES, FURTHER PROVIDE FOR THE DISTRIBUTION OF THE FEE AND ALLOW A COUNTY TO USE A PORTION OF THE FEE PAYMENT FOR INFRASTRUCTURE IMPROVEMENTS WITHOUT THE REQUIREMENT OF ISSUING SPECIAL SOURCE REVENUE BONDS, ALLOW FOR THE TRANSFERRING OF AGREEMENTS RELATED TO THE FEE AND REQUIRE COUNTY APPROVAL OF THE TRANSFER, AND PROVIDE FOR OTHER RELATED MATTERS, PERTAINING TO FEES IN LIEU OF TAXES, AND THE TRANSFERABILITY OF INTERESTS IN THE PROPERTY THE SUBJECT OF THE FEE; TO AMEND SECTION 4-12-40, RELATING TO THE APPLICABILITY AND EFFECTIVE DATES OF FEE IN LIEU OF LEASE AGREEMENTS, SO AS TO FURTHER PROVIDE FOR SUCH APPLICABILITY AND EFFECTIVE DATES; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO FEES IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO PROVIDE THAT THE FEE PROVISIONS ARE AVAILABLE FOR INVESTMENTS EXCEEDING FORTY-FIVE MILLION DOLLARS, TO FURTHER PROVIDE FOR THE DEFINITION OF "CONTROLLED GROUP" AS IT RELATES TO THE FEE, ALLOW CERTAIN QUALIFYING BUSINESSES A THIRTY-YEAR MAXIMUM AGREEMENT AND AN EIGHT-YEAR PERIOD TO MEET MINIMUM INVESTMENT REQUIREMENTS, ALLOW CERTAIN QUALIFYING BUSINESSES TO QUALIFY FOR A THREE PERCENT ASSESSMENT RATIO, ALLOW FOR THE AMENDING OF AGREEMENTS AT ANY TIME WITH RESTRICTIONS, ALLOW A COUNTY TO USE A PORTION OF THE FEE PAYMENT FOR INFRASTRUCTURE IMPROVEMENTS WITHOUT THE REQUIREMENT FOR ISSUING SPECIAL SOURCE REVENUE BONDS, REVISE CERTAIN INTEREST CHARGES, FURTHER PROVIDE FOR THE TRANSFERRING OF AGREEMENTS AND FEE ASSETS, REQUIRE COUNTY APPROVAL BEFORE TRANSFERS, AND PROVIDE FOR OTHER RELATED MATTERS PERTAINING TO FEES IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS.
Ordered for consideration tomorrow.
H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.
The Senate resumed consideration of the Bill. The question being the second reading of the Bill.
Having voted on the prevailing side, Senator PEELER moved to reconsider the vote whereby Amendment No. 8A (JUD3730.046) proposed by Senator HOLLAND was adopted.
Senator HOLLAND spoke on the motion.
Senator McCONNELL spoke on the motion.
Senator PATTERSON argued contra to the adoption of the motion.
Senator PEELER asked unanimous consent to make a motion to withdraw the motion to reconsider.
Senator McCONNELL objected.
Senator PATTERSON continued arguing contra to the adoption of the motion.
Senator HOLLAND argued contra to the adoption of the motion.
The motion to reconsider was adopted.
The question then was the adoption of Amendment No. 8A.
Senator McCONNELL moved under Rule 18 to divide the question.
The PRESIDENT stated that the amendment was divisible.
The amendment was divided and the individual parts were considered as follows:
Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 10-11-320 of the 1976 Code is amended to read:
"Section 10-11-320. It shall be is unlawful for any a person or group of persons: (a) to carry or have readily accessible to the person upon the capitol grounds or within the capitol building any firearm, a dangerous weapon other than a firearm carried pursuant to Article 4, Chapter 23, Title 31, explosive, or incendiary device; (b) to discharge any a firearm or explosive or to use any a dangerous weapon or to ignite any an incendiary device upon the capitol grounds or within the capitol building; or (c) to transport by any means upon the capitol grounds or within the capitol building any an explosive or incendiary device."
Amend the bill, as and if amended, page 14, beginning on line 18 by striking SECTION 10 in its entirety.
Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 10-11-340 of the 1976 Code is amended to read:
"Section 10-11-340. Nothing contained in this article shall forbid prohibits any member of the General Assembly or any officer or employee or persons otherwise authorized and required to perform duties within the capitol building from performing their normal duties, including the carrying of firearms, except as may be limited by the rules of either House within their respective chambers."/
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 16-23-420 of the 1976 Code is amended to read:
"Section 16-23-420. (A) It is unlawful for a person to carry into a private or public school, college, or university building, or any publicly owned building except those located on the State House grounds, or have in his possession in the area immediately adjacent to these buildings, a firearm of any kind, without the express permission of the authorities in charge of the buildings.
(B) It is unlawful for a person to enter these buildings, or the immediately adjacent areas, and to display, brandish, or threaten others with a firearm.
(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) This section does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science. A married student residing in apartments provided by the private or public school whose presence with a weapon in or around a particular building is authorized by persons legally responsible for the security of the buildings is also exempted from the provisions of this section."/
Senator HOLLAND proposed the following Part I to Amendment No. 8A (JUD3730.046A), which was tabled:
Amend the bill further, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION ___. Section 10-11-320 of the 1976 Code is amended to read:
"Section 10-11-320. It shall be is unlawful for any a person or group of persons: (a) to carry or have readily accessible to the person upon the capitol grounds or within the capitol building any firearm, a dangerous weapon other than a firearm carried pursuant to Article 4, Chapter 23, Title 31, explosive, or incendiary device; (b) to discharge any a firearm or explosive or to use any a dangerous weapon or to ignite any an incendiary device upon the capitol grounds or within the capitol building; or (c) to transport by any means upon the capitol grounds or within the capitol building any an explosive or incendiary device."
Senator McCONNELL moved to table Part I of the amendment.
Part I of Amendment No. 8A was laid on the table.
Senator HOLLAND proposed the following Part II to Amendment No. 8A (3730R044.DHH), which was adopted:
Amend the bill, as and if amended, page 14, beginning on line 18 by striking SECTION 10 in its entirety.
Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 10-11-340 of the 1976 Code is amended to read:
"Section 10-11-340. Nothing contained in this article shall forbid prohibits any member of the General Assembly or any officer or employee or persons otherwise authorized and required to perform duties within the capitol building from performing their normal duties, including the carrying of firearms, except as may be limited by the rules of either House within their respective chambers."/
Senator McCONNELL moved that Part II of Amendment No. 8A be adopted.
Part II of Amendment No. 8A was adopted.
Senator HOLLAND proposed the following Amendment No. 8A (JUD3730.46B), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 16-23-420 of the 1976 Code is amended to read:
"Section 16-23-420. (A) It is unlawful for a person to carry into a private or public school, college, or university building, or any publicly owned building except those located on the State House grounds, or have in his possession in the area immediately adjacent to these buildings, a firearm of any kind, without the express permission of the authorities in charge of the buildings.
(B) It is unlawful for a person to enter these buildings, or the immediately adjacent areas, and to display, brandish, or threaten others with a firearm.
(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) This section does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science. A married student residing in apartments provided by the private or public school whose presence with a weapon in or around a particular building is authorized by persons legally responsible for the security of the buildings is also exempted from the provisions of this section."/
Senator McCONNELL moved to table Part III of the amendment.
Part III of Amendment No. 8A was laid on the table.
Senators WASHINGTON, FORD and GLOVER proposed the following Amendment No. 12A (JUD3730.054), which was tabled:
Amend the bill, as and if amended, page 3, in Section 23-31-215(A), as contained in SECTION 1, by adding an appropriately numbered item to read:
/( ) a written statement from a psychiatrist, psychologist, licensed professional counselor, licensed professional associate counselor, or marital and family therapist certifying that, in the opinion of the psychiatrist, psychologist, licensed professional counselor, licensed associate counselor, or marital and family therapist that the applicant has no mental illness, disability, or condition which would render him unfit to carry a concealed weapon pursuant to this article:/
Amend the bill further, as and if amended, page 7, in Section 23-31-215(P), as contained in SECTION 1, by adding an appropriately numbered item to read:
/( ) a written statement from a psychiatrist, psychologist, licensed professional counselor, licensed professional associate counselor, or marital and family therapist certifying that, in the opinion of the psychiatrist, psychologist, licensed professional counselor, licensed associate counselor, or marital and family therapist that the applicant has no mental illness, disability, or condition which would render him unfit to carry a concealed weapon pursuant to this article:/
Amend title to conform.
Senator WASHINGTON explained the amendment.
At 3:30 P.M., on motion of Senator McCONNELL, with unanimous consent, Senators McCONNELL, PASSAILAIGUE and MOORE were granted leave to attend a conference committee meeting, be counted in any quorum calls, and be notified of any roll call votes.
Senator WASHINGTON explained the amendment.
At 3:34 P.M., Senator MARTIN assumed the Chair.
Senator WASHINGTON continued arguing in favor of the adoption of the amendment.
Senator WASHINGTON moved that the amendment be adopted.
Senator WILSON moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Courson Courtney Fair Giese Gregory Hayes Lander Leatherman Leventis Martin Mescher O'Dell Peeler Ryberg Setzler Thomas Waldrep Wilson
Bryan Cork Drummond Ford Glover Hutto Jackson Land Matthews McGill Patterson Reese Short Smith, G. Smith, J.V. Washington
The amendment was laid on the table.
Senator LAND asked unanimous consent to take up Amendment No. 7A for immediate consideration.
There was no objection.
Senators LAND, HOLLAND, WASHINGTON, FORD, GLOVER and J. VERNE SMITH proposed the following Amendment No. 7A (JUD3730.047), which was adopted:
Amend the bill, as and if amended, page 6, after line 37, in Section 23-31-215(M), as contained in SECTION 1, by adding an appropriately numbered item to read:
/( ) hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer./
Renumber items to conform.
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
Senator WILSON moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Courtney Fair Gregory Leventis Martin Mescher O'Dell Peeler Rose Russell Ryberg Thomas Wilson
Alexander Bryan Cork Courson Drummond Ford Giese Glover Hayes Holland Hutto Jackson Land Lander Leatherman Matthews McGill Moore Patterson Rankin Reese Richter Saleeby Setzler Short Smith, G. Smith, J.V. Waldrep Washington
The Senate refused to table the amendment. The question then was the adoption of Amendment No. 7A.
The amendment was adopted.
It is my belief that hospitals are covered as a business and that this amendment is not necessary.
Senators WASHINGTON, FORD and GLOVER proposed the following Amendment No. 13A (JUD3730.052), which was tabled:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION ___. Chapter 31, Title 23, of the 1976 Code is amended by adding:
Section 23-31-710. This act may be cited as the 'Children's Firearm Protection Act of 1996'.
Section 23-31-720. As used in this article:
(1) 'Trigger-locking device' means a device which prevents the firearm from functioning and which, when applied to the weapon, renders the weapon inoperable.
(2) 'Loaded firearm' means a firearm which has an unexpended cartridge or shell, consisting of a case which holds a charge of powder and a bullet or shot, in or attached in any manner to the firearm, including, but not limited to, in the firing chamber, magazine, or clip attached to the firearm. A muzzle-loader firearm is considered to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
(3) 'Locked container' means a secure container which is fully enclosed and locked by a padlock key, lock, combination lock, or similar locking device. The term includes the locked utility or glove compartment of a motor vehicle.
(4) 'Minor' means a person under fourteen years of age.
Section 23-31-730. (A) Except as provided in Section 23-31-740, if a person keeps a loaded firearm on premises under his custody or control and he knows or reasonably should know that a minor is likely to gain access to the firearm without the supervision of the person who has custody or control of the premises and the minor obtains access to the firearm and causes death to himself or another person, the person is guilty of criminal storage of a firearm in the first degree.
(B) Except as provided in Section 23-31-740, if a person keeps a loaded firearm on premises under his custody or control and he knows or reasonably should know that a minor is likely to gain access to the firearm without the supervision of the person who has custody or control of the premises and the minor obtains access to the firearm and causes injury to himself or another person or causes the firearm to discharge, but death does not occur, the person is guilty of criminal storage of a firearm in the second degree.
Section 23-31-740. This article does not apply when:
(1) the minor obtains the firearm as a result of an illegal entry to any premises by any person;
(2) the firearm is kept in a locked container or in a location which a reasonable person would believe to be secure;
(3) the firearm is carried on the person or within such a close proximity in order for the person to readily retrieve and use the firearm as if carried on the person;
(4) the firearm is equipped with a trigger-locking device and the device is on;
(5) the person is a peace officer, police officer, or law enforcement officer, or a member of the armed forces or national guard and the minor obtains the firearm during, or incidental to, the performance of the person's duties;
(6) the minor obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person;
(7) the person who keeps a loaded firearm on premises under his custody or control has no reasonable expectation, based on objective facts and circumstances, that a minor is likely to be present on the premises;
(8) the minor obtains the firearm for target or sport shooting events or hunting.
Section 23-31-750. A person who is convicted of criminal storage of a firearm must be:
(1) imprisoned for not more than three years or fined not more than ten thousand dollars, or both, for criminal storage of a firearm in the first degree;
(2) imprisoned not more than one year or fined not more than one thousand dollars, or both, for criminal storage of a firearm in the second degree.
Section 23-31-760. (A) If the person who violates this article is related within the third degree of consanguinity to a minor who is injured or dies as the result of an accidental shooting, the solicitor shall consider, among other factors, the impact of the injury or death on the person when deciding whether to prosecute a violation. It is the General Assembly's intent that a person related within the third degree of consanguinity to a minor who is injured or dies as the result of an accidental shooting must be prosecuted only in those instances in which the person related within the third degree of consanguinity behaved in a grossly negligent manner or where similarly egregious circumstances exist. A person specified under this subsection may not be arrested for a violation of this article until at least seven days after the date upon which the accidental shooting occurred.
(B) This article may not restrict, in any manner, the factors that a solicitor may consider when deciding whether to prosecute a person who violated this article.
Section 23-31-770. In addition to the limitation contained in this article, a law enforcement officer shall consider the health status of a minor who suffers great bodily injury as the result of an accidental shooting before arresting a person for a violation of this section, if the person to be arrested is related within the third degree of consanguinity to the injured minor. The intent of this subsection is to encourage law enforcement officials to delay the arrest of a parent or guardian of a seriously injured minor while the minor remains on life-support equipment or is in a similarly critical medical condition.
Section 23-31-780. (A) The fact that the person who violates this article attended a firearms safety training course before the purchase of the firearm that is obtained by a minor in violation of this article must be considered a mitigating factor by a solicitor when he is deciding whether to prosecute the violation.
(B) In an action or trial commenced under this article, the fact that the person who violated this article attended a firearms safety training course before the purchase of the firearm that is obtained by a minor in violation of this article is admissible.
Section 23-31-790. (A) Upon the retail sale or transfer of a firearm, the seller must deliver a written or printed warning to the purchaser. The warning must be written or printed in block letters not less than one-fourth inch in height and must state:
'IT IS UNLAWFUL AND PUNISHABLE BY IMPRISONMENT AND FINE FOR ANY ADULT TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR'.
(B) A retail dealer who sells firearms shall conspicuously post at each purchase counter a warning written or printed in block letters not less than one inch in height that states:
'IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OF EASY ACCESS OF A MINOR'.
(C) A person who knowingly violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars."
SECTION ___. Chapter 32, Title 59 of the 1976 Code is amended by adding:
"Section 59-32-25. In addition to the comprehensive health education program, the department shall develop a gun safety program for public health for implementation in the schools of this State."/
Renumber remaining sections to conform.
Amend title to conform.
Senator WASHINGTON explained the amendment.
Senator COURTNEY argued contra to the adoption of the amendment.
Senator COURTNEY moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Courson Courtney Elliott Fair Giese Hayes Hutto Lander Leatherman Leventis Martin Mescher Moore O'Dell Peeler Reese Richter Rose Russell Ryberg Setzler Thomas Waldrep Wilson
Cork Ford Glover Jackson Land Matthews McGill Passailaigue Patterson Rankin Saleeby Smith, J.V. Washington
The amendment was laid on the table.
Senator CORK proposed the following Amendment No. 23A (JUD3730.065), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. The provisions of the "Law Abiding Citizens Self-Defense Act of 1996," as contained in Article 4, Section 31, Title 23, which authorize a person to carry a concealable weapon do not apply to and do not govern in a municipality which has enacted an ordinance (1) approved by a majority of the governing body, and (2) which provides for the continued operation and efficacy of Section 23-31-120. If the governing body of a municipality enacts an ordinance pursuant to this section, the provisions of Section 23-31-120 apply to that municipality./
Amend the bill further, as and if amended, page 12, line 40, in SECTION 6, by striking SECTION 6 in its entirety and inserting therein the following:
/SECTION 6. Section 23-31-120 applies only to a municipality which has enacted an ordinance providing for the continuation of the operation of that section./
Amend title to conform.
Senator CORK explained the amendment.
Senator LEVENTIS argued contra to the adoption of the amendment.
Senator LEVENTIS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Courson Courtney Fair Giese Gregory Holland Lander Leatherman Leventis Martin McConnell McGill Mescher Moore O'Dell Passailaigue Peeler Reese Richter Rose Russell Ryberg Saleeby Setzler Short Thomas Waldrep Wilson
Bryan Cork Drummond Elliott Ford Glover Hutto Land Matthews Patterson Rankin Smith, G. Smith, J.V. Washington
The amendment was laid on the table.
Senator CORK proposed the following Amendment No. 25A (JUD3730.058), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Notwithstanding any other provision of law, the provisions of this article authorizing a person to carry a concealable weapon after issuance of a permit under this article are effective only after a favorable vote by a majority of those persons voting in a statewide referendum, which must be held at the time of the next general election. The question to be placed on the ballot must substantially read as follows: "Shall the current law authorizing the State Law Enforcement Division to issue concealed weapon permits to only those individuals who by virtue of their employment or business are regularly exposed to dangerous circumstances be retained or shall the current law be repealed and replaced with the 'Law Abiding Citizens Self-Defense Act' which would require SLED to issue concealable weapon permits to any person who meets certain criteria regardless of whether the person's employment or business regularly exposes him to dangerous circumstances?"
Renumber sections to conform.
Amend title to conform.
Senator CORK explained the amendment.
Senator COURTNEY argued contra to the adoption of the amendment.
Senator COURTNEY moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Courtney Fair Gregory Hayes Lander Leventis Martin Mescher O'Dell Richter Rose Russell Ryberg Saleeby Short Waldrep Wilson
Bryan Cork Courson Drummond Elliott Ford Giese Glover Holland Hutto Jackson Land Leatherman Matthews McConnell McGill Moore Passailaigue Patterson Peeler Rankin Reese Setzler Smith, G. Smith, J.V. Thomas Washington
The Senate refused to lay the amendment on the table. The question then was the adoption of the amendment.
The amendment was adopted.
Senator WILSON desired to be recorded as voting against the adoption of the amendment.
Senator LAND proposed the following Amendment No. 31A (3730R010.JCL), which was tabled:
Amend the Committee Report, as and if amended, page 3730-3, item (5) of section 23-31-210, by striking item (5) and inserting a new item (5) to read:
/(5) 'Concealable weapon' means a firearm which is registered in the ownership of the applicant and which is registered on the permit application as the exclusive firearm to be carried under the permit, having a length of less than twelve inches measured along its greatest dimension and which must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense in response to the imminent threat of loss of life./
Amend title to conform.
Senator LAND explained the amendment.
Senator COURTNEY moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LAND proposed the following Amendment No. 53A (3730R024.JCL), which was adopted:
Amend the bill, as and if amended, page 2, by striking lines 14 through 19 and inserting in lieu thereof the following:
/(a) a person who, within one year before filing an application, has passed a basic or advanced handgun education course offered by a state, county, or municipal law enforcement agency or a SLED approved nationally recognized organization that promotes gun safety or demonstrates to SLED that he or she is proficient in the use a handgun or handguns, as applicable./
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senators GREG SMITH, RANKIN and ELLIOTT proposed the following Amendment No. 66A (3730R034.GS), which was tabled:
Amend the bill, as and if amended, page 6, by inserting after line 37, an appropriately numbered new subitem to read:
/( ) resort rental management office./
Renumber sections to conform.
Amend title to conform.
Senator GREG SMITH explained the amendment.
Senator GREG SMITH moved that the amendment be adopted.
Senator McCONNELL argued contra to the adoption of the amendment.
Senator ELLIOTT argued in favor of the adoption of the amendment.
Senator LEVENTIS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Courson Giese Gregory Hayes Lander Leatherman Leventis Martin McConnell Mescher Moore O'Dell Passailaigue Peeler Reese Richter Rose Russell Ryberg Setzler Waldrep Wilson
Bryan Cork Drummond Elliott Ford Glover Holland Hutto Land Matthews McGill Patterson Rankin Saleeby Short Smith, G. Smith, J.V. Washington
The amendment was laid on the table.
Having voted on the prevailing side, Senator BRYAN moved to reconsider the vote whereby Amendment No. 53A (3730R024.JCL) proposed by Senator LAND was adopted.
The motion to reconsider was adopted.
On motion of Senator BRYAN, Amendment No. 53A was laid on the table.
Senator LAND proposed the following Amendment No. A (JUD3730.066), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 23-31-120 of the 1976 Code is amended to read:
"Section 23-31-120. (A) The State Law Enforcement Division may issue permits a permit to a qualified person when if the nature of his business or employment requires that he the person is exposed regularly to dangerous circumstances as determined by the division. A permit issued pursuant to Section 16-23-20(12) must specify the conditions under which possession of the weapon is authorized.
(B) The division shall must conduct an investigation of the applicant as it considers necessary to determine his qualifications to obtain a permit. An applicant successfully must demonstrate to the chief of the division or his designee his proficiency in both the use of pistols and the state laws pertaining to pistols or complete a training course conducted by the division to ensure that the applicant is competent in the use, safety techniques, and legal responsibilities related to the carrying and use of weapons before the issuance of a permit. The applicant must submit to the division, on a form provided by it the division, a complete set of fingerprints. If the applicant is found at that time not to be qualified for a permit and requests training, the division must charge a fee of fifty dollars must be charged by the division for the training and which must be paid to the division to be used to defray the cost of training. A person who has sufficient training from other sources as determined by the chief of the division or, upon examination by the chief of the division or his designee, is proficient in both the use of pistols and the state laws relating to them, is not required to complete the training course. Fees and renewals for permits are thirty dollars payable to the division to defray the cost of issuing the permits and renewals. The permits are valid for two years. The chief of the division shall must establish procedures for application for permits, the testing of applicants, and the issuance of permits and shall must promulgate regulations for them these items."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
Senator LEATHERMAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Courson Courtney Elliott Fair Giese Gregory Hayes Holland Hutto Lander Leatherman Leventis Martin McConnell Mescher Moore O'Dell Passailaigue Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Thomas Waldrep Wilson
Bryan Cork Drummond Ford Glover Jackson Land Matthews McGill Patterson Smith, J.V. Washington
The amendment was laid on the table.
Senator BRYAN proposed the following Amendment No. 67 (JUD3730.150), which was adopted:
Amend the bill, as and if amended, page 3, beginning on line 33, in Section 23-31-215(B), as contained in SECTION 1, by striking lines 33 through 34 and inserting therein the following:
/federal fingerprint review of the applicant. SLED must also conduct a background check of the applicant through notification to and input from the sheriff of the county/
Amend the bill further, as and if amended, page 3, line 42, in Section 23-31-215(B), as contained in SECTION 1, by striking line 42 and inserting therein the following:
/applicant. If the fingerprint review and background check are favorable, SLED must issue the/
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
Senator BRYAN proposed the following Amendment No. 68 (JUD3730.151), which was adopted:
Amend the bill, as and if amended, page 7, line 2, in Section 23-31-215(M), as contained in SECTION 1, by inserting after /Sections/ the following:
/ 10-11-320 /
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 72 (3730R035.JCL), which was adopted:
Amend the bill, as and if amended, page 2, line 15, after /has/, by adding the following:
/successfully/
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 73 (3730R036.JCL), which was adopted:
Amend the bill, as and if amended, page 4, line 9, after /costs./, by adding the following:
/If a permit is granted by operation of law because an applicant was not notified of a denial within the ninety-day notification period, the permit may be revoked upon written notification from SLED that sufficient grounds exist for revocation or initial denial./
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator REESE proposed the following Amendment No. 74 (3730R040.GGR), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 23-31-20 of the 1976 Code is amended to read:
"Section 23-31-20. Residents A resident of any state contiguous to this State may purchase rifles and shotguns in this State; provided, such residents conform if the resident conforms to applicable provisions of statutes and regulations of this State, the United States, and of the contiguous state in which such persons reside the person resides."/.
Renumber sections to conform.
Amend title to conform.
Senator REESE explained the amendment.
Senator REESE moved that the amendment be adopted.
The amendment was adopted.
Senators WASHINGTON, FORD and GLOVER proposed the following Amendment No. 15A (JUD3730.053), which was carried over:
Amend the bill, as and if amended, page 5, in Section 23-31-215(J), as contained in SECTION 1, by adding an appropriately numbered item to read:
/( ) had a complaint of domestic abuse or violence registered against him with the chief of police of the municipality where the applicant resides or with the sheriff of the county where the applicant resides, as appropriate, during the initial permit period or a renewal permit period./
Amend title to conform.
Senator WASHINGTON explained the amendment.
Senators WASHINGTON and LAND argued in favor of the adoption of the amendment.
Senator McCONNELL spoke on the amendment.
Senator McCONNELL asked unanimous consent to make a motion to substitute Amendment No. 15B for Amendment No. 15A.
There was no objection.
Senators McCONNELL, GLOVER and WASHINGTON proposed the following Amendment No. 15B (3730R045.GFM), which was adopted:
Amend the bill, as and if amended, page 5, in Section 23-31-215(J), as contained in SECTION 1, by adding an appropriately numbered item to read:
/( ) had been arrested one or more times on a complaint of domestic physical abuse or violence registered against him or her with the chief of police of the municipality where the applicant resides or with the sheriff of the county where the applicant resides, as appropriate, during the initial permit period or a renewal permit period, except where a court of competent jurisdiction has dismissed the arrest warrant or the party arrested has been found not guilty or where the warrant has been nol prossed./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
The amendment was adopted.
Having voted on the prevailing side, Senator GREG SMITH moved to reconsider the vote whereby Amendment No. 49 (JUD3730.080) proposed by Senator LAND was adopted on Tuesday, May 21, 1996.
The motion to reconsider was adopted.
The question then was the adoption of the amendment.
Senator ROSE spoke on the amendment.
Senator GREG SMITH moved to lay the amendment on the table.
The amendment was laid on the table.
Senator PATTERSON proposed the following Amendment No. 69A (3730R046.KP), which was adopted:
Amend the bill, as and if amended, page 12, by striking lines 6 through 23 and inserting in lieu thereof the following:
/SECTION 4. Section 16-23-460 of the 1976 Code is amended to read:
"Section 16-23-460. Any person carrying a dirk, slingshot, metal knuckles, razor, or other deadly weapon usually used for the infliction of personal injury concealed about his person is guilty of a misdemeanor, shall must forfeit to the county, or, if convicted in a municipal court, to the municipality the concealed weapon so carried concealed, and must be fined in the sum of not less than two hundred dollars nor more than five hundred dollars and not less than two hundred dollars or imprisoned not less than thirty days nor more than ninety days nor less than thirty days. Nothing herein contained may be construed to apply to (1) persons carrying concealed weapons upon their own premises or pursuant to and in compliance with Article 4 of Chapter 31 of Title 23, or (2) to peace officers in the actual discharge of their duties. The provisions of this section do not apply to rifles, or shotguns, dirks, slingshots, metal knuckles, or razors unless they are used with the intent to commit a crime or in furtherance of a crime."/
Renumber sections to conform.
Amend title to conform.
Senator PATTERSON explained the amendment.
Senator PATTERSON moved that the amendment be adopted.
The amendment was adopted.
Having voted on the prevailing side, Senator LEVENTIS moved to reconsider the vote whereby Amendment No. 59 (JUD3730.085) proposed by Senators HUTTO and BRYAN was adopted on Tuesday, May 21, 1996.
Senator LAND moved to table the motion to reconsider.
By a division vote of 23 to 18, the Senate refused to reconsider the vote whereby Amendment No. 59 was adopted.
Senator ROSE desired to be recorded as voting against the motion to table the motion to reconsider.
There being no further amendments, the question then was the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Cork Courson Courtney Elliott Fair Giese Gregory Hayes Holland Hutto Lander Leatherman Leventis Martin McConnell McGill Mescher Moore O'Dell Passailaigue Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby* Setzler Short Smith, G. Thomas Waldrep Wilson
Bryan Drummond Ford Glover* Jackson Land Matthews Patterson Smith, J.V. Washington
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The Bill was read the second time, passed and ordered to a third reading.
By prior motion of Senator McCONNELL, with unanimous consent, H. 3730 was ordered to receive a third reading on Thursday, May 23, 1996.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator COURTNEY, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MARTIN proposed the following Amendment No. 1 (3838R009.LAM):
Amend the bill, as and if amended, page 3, by striking SECTION 3 in its entirety and inserting in lieu thereof the following:
/SECTION 3. Section 42-1-310 of the 1976 Code is amended to read:
"Section 42-1-310. (A) Every employer and employee, except as stated in this chapter, shall be presumed to have accepted the provisions of this title respectively to pay and accept compensation for personal injury or death by accident arising out of and in the course of the employment and shall be bound thereby, unless he shall have given, prior to any accident resulting in injury or death, notice to the contrary in the manner provided in Section 42-1-340, except as provided in subsection (B).
(B) An employer may reject the terms of Title 42 if:
(1) the employer has given, prior to any accident resulting in injury or death, notice in the manner provided in Section 42-1-340; and
(2)(a) the employer shows proof of financial responsibility to the Department of Insurance in the form of an alternative employee benefits insurance plan endorsed by an insurance company that is licensed, an admitted carrier and a participant in the South Carolina Guarantee Association Fund; or
(b) the employer shows proof of financial responsibility by placing on deposit with the Department of Insurance an irrevocable certificate of deposit in the amount of three hundred thousand dollars./
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Chapter 1, Title 42 of the 1976 Code is amended by adding:
"Section 42-1-315. (A) An employer rejecting the terms of Title 42 pursuant to Section 42-1-310(B)(2)(a) shall provide minimum coverage for his employees as provided in this section.
(B) For purposes of this section, the following terms shall have the following meanings:
(1) 'Loss' means with regard to:
(a) the hands and feet, the actual severance through or above wrist or ankle joints;
(b) sight, the entire and irrecoverable loss thereof; and
(c) the thumb and index finger, actual severance through or above metacarpophalangeal joints.
(2) 'Temporary Total Disability' means a non-permanent physical impairment, resulting from a work-related injury and substantiated by a diagnosis from a physician, which prevents an employee of the insured from performing the duties for which he is employed by the insured.
(3) 'Continuous total disability' means the complete, permanent and absolute inability of an employee of the insured to perform the duties of any occupation for which he is qualified by reason of education, training or experience. Such disability must be due to work-related injury and may result from, but is not limited to, the following circumstances:
(a) brain damage, which means the severe neurological damage due to external trauma resulting in complete and irrecoverable loss of brain function;
(b) coma, which means a profound state of unconsciousness from which the employee cannot be aroused even by powerful stimulation; and
(c) paralysis, which means the complete and total inability of the employee to move an entire extremity as the result of neurological damage, as determined by a licensed physician.
(4) 'Total Disability' means the complete and continuous inability of the insured person to:
(a) perform all essential acts and duties of his or her regular occupation until the weekly benefit has been paid for one hundred four weeks during the same period of continuous total disability, and thereafter; and
(b) engage in any gainful occupation for which he or she is or can be reasonably fitted by training, education or experience.
(C) The employee benefits insurance plan shall provide for the payment of maximum lump sum benefits for the accidental death of an employee of not less than two hundred twenty-five thousand dollars.
(D)(1) The employee benefits insurance plan shall provide for the payment of maximum lump sum benefits for the accidental dismemberment of an employee as provided below:
(a) for the loss of both hands or both feet or sight of both eyes, not less than two hundred twenty-five thousand dollars;
(b) for the loss of one hand and one foot, not less than two hundred twenty-five thousand dollars;
(c) for the loss of either hand or foot and sight of one eye, not less than two hundred twenty-five thousand dollars;
(d) for the loss of either hand or foot, not less than one hundred twelve thousand five hundred dollars;
(e) for the loss of sight of one eye, not less than one hundred twelve thousand five hundred dollars; and
(f) for the loss of a thumb and an index finger of the same hand, fifty six thousand two hundred fifty dollars.
(2) Lump sum benefits for dismemberment shall be not more than two hundred twenty-five thousand dollars in the aggregate for the same accident.
(E)(1) The employee benefits insurance plan shall provide for the payment of maximum benefits for medical expenses incurred by the employee for accidental injuries of not less than one million dollars for each accident.
(2) The employee benefits insurance plan shall provide that the payment of maximum benefits for medical expenses shall be increased by not less than five hundred thousand dollars when the employee is diagnosed as either a paraplegic or quadriplegic by a licensed physician.
(F)(1) The employee benefits insurance plan shall provide for the payment of weekly wage replacement benefits for temporary total disability for a maximum period of not less than one hundred four weeks. The plan shall provide that benefits for continuous total disability shall be paid to an insured person when the employer receives due proof that the insured person has been granted a social security disability award for the disability for which payment is sought from the employer.
(2) Weekly benefits under this subsection shall be paid as follows:
(a) a period of not less than seven days after the accident shall elapse before temporary total disability benefits shall be paid;
(b) the weekly total disability indemnity benefit amount shall be offset by the weekly social security disability award for the disability for which payment is sought;
(c) the weekly total disability indemnity benefit amount shall be:
(i) not more than seventy percent of the insured person's gross average weekly earnings, reduced by the primary social security disability award; or
(ii) not more than four hundred fifty dollars; and
(d) the benefit period shall provide for the payment of benefits until the employee reaches the age of sixty-five, provided that an employee who reaches the age of sixty-five but who has received the benefits for a period less than ten years shall continue to receive benefits until he has received the benefits for ten years.
(G) The employee benefits insurance plan shall provide for the payment of aggregate benefits for all employees injured in the same accident of not less than two million dollars.
(H) The employee benefits insurance plan shall provide that lump sum amounts shall be paid equally to all employees without regard to the wage rate./
Amend the bill further, as and if amended, page 3, after line 23, by adding an appropriately numbered new SECTION to read:
/SECTION ____. Sections 42-1-330 and 42-1-340 of the 1976 Code are amended to read:
"Section 42-1-330. (A) Either an An employer or employee who has exempted himself by proper notice from the operation of this Title may at any time waive such exemption and thereby accept the provisions of this Title by giving notice as provided in Section 42-1-340.
(B) This section applies only to an employer who meets the requirements of Section 42-1-310(B).
Section 42-1-340. (A) The notices referred to in Sections 42-1-310 and 42-1-330 shall not be effective as to any accident resulting in injury or death that occurs within thirty days after the giving of any such notice; provided, that if any such accident occurs less than thirty days after the date of employment, notice of such exemption given at the time of employment shall be effective as to such accident. Any such notice shall be in writing or print, in substantially the form prescribed by the Commission, and shall be given by the employer by posting it in a conspicuous place in the shop, plant, office, room or place in which the employee is employed or by serving it personally upon him and shall be given by the employee by sending it in registered letter, addressed to the employer at his last-known residence or place of business, or by giving it personally to the employer or any of his agents upon whom summons in a civil action may be served under the laws of the State. Any notice referred to in Section 42-1-310 shall state the basis for the rejection of the terms of Title 42.
A copy of the notice in the prescribed form shall be filed with the Commission. In any suit by an employer or an employee who has exempted himself by proper notice from the application of this Title a copy of such notice duly certified by the Commission shall be admissible in evidence as proof of such exemption.
(B) This section applies only to an employer who meets the requirements of Section 42-1-310(B).
Amend the bill further, as and if amended, page 3, after line 40, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Sections 42-1-510 of the 1976 Code are amended to read:
"Section 42-1-510. (A) An employer who elects not to operate under this Title shall not, in any suit at law instituted by an employee subject to this Title to recover damages for personal injury or death by accident, be permitted to defend any such suit at law upon any or all of the following grounds:
(1) That the employee was negligent;
(2) That the injury was caused by the negligence of a fellow employee; or
(3) That the employee had assumed the risk of the injury.
(B) After June 30, 1997, this section applies only to an employer who meets the requirements of Section 42-1-310(B)."/
Amend the bill further, as and if amended, page 8, by striking SECTION 10 in its entirety.
Amend the bill further, as and if amended, page 8, by striking SECTION 11 in its entirety and inserting in lieu thereof the following:
/ SECTION 11. Sections 42-1-520 and 42-1-530 of the 1976 Code are repealed on July 1, 1997./
Amend the bill further, as and if amended, page 8, by striking SECTION 12 in its entirety and inserting in lieu thereof the following:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor. Employers who have filed with the Workers' Compensation Commission a notice to reject the provisions of Title 42 before the effective date of this act will have until July 1, 1997, to comply with the provisions of this act relating to insuring their workers' compensation liabilities or relating to rejecting the terms of Title 42. Any employer who has rejected the terms of Title 42 prior to approval of this act and has procured another form of employee benefits insurance shall comply, not later than July 1, 1997, with the provisions of this act relating to the insuring of its workers' compensation liabilities or relating to rejecting the provisions of Title 42. Furthermore, nothing in this act shall affect or alter any cause of action, right, or claim accruing before the effective date of this act; however, any such cause of action, remedy, or claim accruing before the effective date of this act shall be governed by the law prior to the effective date of this act./
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
With Senator MARTIN retaining the floor, Senator DRUMMOND asked unanimous consent to make a motion that when the Senate adjourns, it stand adjourned to reconvene at 10:00 A.M. on Thursday, May 23, 1996, and that H. 3838 would be the first order of business to the exclusion of all other matters on Thursday, May 23, 1996, following the Pledge of Allegiance.
There was no objection and the motion was adopted.
On motion of Senator DRUMMOND, debate was interrupted by adjournment with Senator MARTIN retaining the floor.
Having received a favorable report from the Greenwood County Delegation, the following appointment was confirmed in open session:
Reappointment, Greenwood County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Joe C. Cantrell, Room 106, County Courthouse, Greenwood, S.C. 29646
On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. William "Bill" Padgett, Jr. of Charleston, S.C.
Senator DRUMMOND moved that when the Senate adjourns, it stand adjourned to meet Thursday, May 23, 1996, at 10:00 A.M., which motion was adopted.
At 7:40 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:00 A.M.
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