Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Eternal God our Father, we come with hearts overflowing with gratitude and pray that this thankfulness may fill all our days. We have so much for which to be thankful: homes where love abounds, churches and synagogues where we can worship as we desire, friendships which bless our lives, a Nation that is free, work to do and strength to do it. When doubts come, steady our faith; when temptations arise, strengthen our resistance; when failure is our lot, give us courage to try again. When we leave this place, protect us as we travel; give to each one a happy homecoming.
In praise and thanksgiving we pray. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. WILKES moved that when the House adjourns, it adjourn in memory of former Representative Walter B. Brown, Sr. of Winnsboro, which was agreed to.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4575 (Word version) -- Reps. Harrison and Klauber: A BILL TO AMEND SECTION 28-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE EMINENT DOMAIN PROCEDURE ACT, SO AS TO DEFINE "APPRAISAL" IN INSTANCES OF CONDEMNATION OF PROPERTY OF A REGULATED PUBLIC UTILITY TO INCLUDE IN THE VALUATION FOR COMPENSATION AN OPINION AS TO THE REPLACEMENT COST, LESS DEPRECIATION; TO AMEND SECTION 28-2-340, RELATING TO EVIDENCE ADMISSIBLE AS TO THE VALUE OF LAND IN CONDEMNATION PROCEEDINGS, SO AS TO REQUIRE EVIDENCE OF THE REPLACEMENT COST, LESS DEPRECIATION, IN PROCEEDINGS INVOLVING ALL OR A SUBSTANTIAL PORTION OF THE PROPERTY OF A REGULATED PUBLIC UTILITY; AND TO AMEND SECTION 28-3-140, RELATING TO CONDEMNATION OF PUBLIC OR PUBLIC SERVICE PROPERTY, SO AS TO REQUIRE CONSIDERATION OF THE REPLACEMENT COST, LESS DEPRECIATION, IN PROCEEDINGS INVOLVING ALL OR A SUBSTANTIAL PORTION OF THE PROPERTY OF A REGULATED PUBLIC UTILITY COMPANY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 289 (Word version) -- Senator Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-440 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH A PROGRAM INVOLVING THE USE OF INMATE LABOR BY A NONPROFIT ORGANIZATION AND TO ALLOW PARTICIPANTS TO EARN CREDITS TOWARD A REDUCTION IN SENTENCE.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4387 (Word version) -- Reps. J. Brown, T. Brown, Canty and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-235 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ESTABLISH A COMPREHENSIVE PROGRAM FOR THE TESTING OF NEWBORNS FOR THE PRESENCE OF THE HUMAN IMMUNODEFICIENCY VIRUS OR THE PRESENCE OF ANTIBODIES TO SUCH VIRUS, AND TO PROVIDE THAT THIS PROGRAM SHALL BE ESTABLISHED BY THE DEPARTMENT UPON APPROPRIATION OF NECESSARY FUNDS BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
Ordered for consideration tomorrow.
On motion of Rep. SPEARMAN, with unanimous consent, the following was taken up for immediate consideration:
H. 4790 (Word version) -- Reps. Spearman, Knotts and Harrell: A HOUSE RESOLUTION TO ALLOW MR. DAVY HITE AND HIS PARTY THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF BEING PRESENTED A RESOLUTION HONORING HIM ON RECEIVING THE BASS ANGLERS SPORTSMAN SOCIETY 1997 ANGLER OF THE YEAR AWARD.
Be it resolved by the House of Representatives:
That Mr. Davy Hite and his party are given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker for the purpose of being presented a resolution honoring him on receiving the Bass Anglers Sportsman Society 1997 Angler of the Year Award.
The Resolution was adopted.
On motion of Rep. LLOYD, with unanimous consent, the following was taken up for immediate consideration:
H. 4791 (Word version) -- Reps. Lloyd, Bailey, Bowers, Inabinett and Rhoad: A HOUSE RESOLUTION TO CONGRATULATE THE WALTERBORO HIGH SCHOOL BAND ON WINNING THE SOUTH CAROLINA AAAA STATE CHAMPIONSHIP AND TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE WALTERBORO HIGH SCHOOL BAND AND OFFICIALS OF THE COLLETON COUNTY SCHOOL DISTRICT ON A DATE AND TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND PRESENTED A COPY OF THIS RESOLUTION.
Whereas, the Walterboro High School Band of Colleton County won the 1997 South Carolina AAAA Marching Championship and the 1997 Lower State Marching Championship; and
Whereas, the Walterboro High School Band, under the direction of Bill Young who has been program director for the past twenty-five years, has previously won the Lower State Championship in 1989, 1990, 1991, 1992, 1993, 1994, 1995, and 1996 and has previously won the AAAA State Championship in 1982, 1986, 1989, 1990, 1991, 1992, 1993, and 1995; and
Whereas, the Walterboro High School Band represented South Carolina and the Southeast in the 1994 Tournament of Roses Parade in Pasadena, California; and
Whereas, the band performed for President Carter's inaugural in 1977, Governor Riley's inaugural in 1983, Governor Campbell's inaugurals in 1987 and 1991, and Governor Beasley's inaugural in 1995; and
Whereas, the director of this program has the most state championship wins of any band director in the State of South Carolina; and
Whereas, the directors, parents, band boosters, and the School District of Colleton County have provided the instruction, support, and encouragement necessary to attain this high level of consistent achievement; and
Whereas, this is an outstanding and highly deserving group of young musicians who are outstanding representatives of Colleton County and the State of South Carolina; and
Whereas, all the citizens of South Carolina are extremely proud of their accomplishments and their selection as the 1997 South Carolina AAAA Marching Band Champions. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, hereby congratulate the Walterboro High School Band of Colleton County on its selection as the 1997 South Carolina AAAA State Champions.
Be it further resolved that pursuant to Rule 10.1, the privilege of the floor of the House of Representatives is extended to the Walterboro High School Band of Blue and officials of the Colleton County School District for the purpose of being recognized and presented with a copy of this resolution at a date and time to be determined by the Speaker.
On motion of Rep. LLOYD, with unanimous consent, the following was taken up for immediate consideration:
H. 4792 (Word version) -- Reps. Lloyd, Bailey, Bowers, Inabinett and Rhoad: A HOUSE RESOLUTION TO CONGRATULATE THE WALTERBORO HIGH SCHOOL FOOTBALL TEAM ON WINNING THE DIVISION II AAAA STATE CHAMPIONSHIP AND TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE WALTERBORO HIGH SCHOOL FOOTBALL TEAM, ITS COACHES, AND OFFICIALS OF THE COLLETON COUNTY SCHOOL DISTRICT ON A DATE AND TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND PRESENTED A COPY OF THIS RESOLUTION.
Whereas, the members of the General Assembly are pleased to learn that the 1997 Walterboro High School football team of Colleton County won the Division II AAAA state football championship, which was the first state championship in the school's history in any sport; and
Whereas, a quick and aggressive defense held their opponents' offenses in check throughout the season. A hard working and fundamentally sound offensive line enabled the Bulldogs to establish a superior running game, enabling Antoine Nesmith to hold the 1997 state rushing record and the school's rushing record. Outstanding play by the Bulldog's special team also gave Walterboro High a decisive edge; and
Whereas, the Bulldogs' fighting spirit enabled them to come from behind in victories over Hilton Head, North Charleston, Aiken, and Berkeley. Walterboro entered the play-offs unranked in the top ten teams in the State. They proved themselves in some of the worst weather conditions experienced in a football game, recording an upset victory over Westside in the freezing rain; and
Whereas, great community pride in the Bulldogs and support from the community, school, booster club, and parents enabled the team to win this championship; and
Whereas, their achievements this season and the superior work ethic of all the players and coaches has brought great pride to the city of Walterboro and the entire county of Colleton. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, hereby congratulate the Walterboro High School football team on winning the Division II AAAA state championship.
Be it further resolved that pursuant to Rule 10.1, the privilege of the floor of the House of Representatives is extended to the Walterboro High School football team, its coaches, and officials of the Colleton County School District for the purpose of being recognized and presented with a copy of this resolution at a date and time to be determined by the Speaker.
The Resolution was adopted.
The following was introduced:
H. 4793 (Word version) -- Reps. Felder and Meacham: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO REPEAL THE PROVISION IN THE BALANCED BUDGET ACT OF 1997 WHICH DISCONTINUES VENIPUNCTURE AS A SKILLED SERVICE UNDER THE MEDICARE PROGRAM, TO REINSTATE THIS SERVICE AS A QUALIFYING SERVICE FOR MEDICARE HOME HEALTH COVERAGE, AND TO ESTABLISH A COMMITTEE TO STUDY THE IMPACT OF VENIPUNCTURE ON THE MEDICARE HOME HEALTH BENEFIT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4794 (Word version) -- Reps. Spearman, Knotts, Harrell, Wilkins, H. Brown, Cato, Sharpe, McAbee, Stuart, Riser, Koon, Bauer and Gamble: A CONCURRENT RESOLUTION CONGRATULATING DAVY HITE OF PROSPERITY IN NEWBERRY COUNTY ON EARNING THE BASS ANGLERS SPORTSMAN SOCIETY 1997 ANGLER OF THE YEAR AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1087 (Word version) -- Senators Lander and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 18, 1998, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 12:00 NOON ON WEDNESDAY, MARCH 18, 1998, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1112 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO GERALDINE CLAWSON FOR THE SELFLESS DEDICATION AND COUNTLESS HOURS SHE HAS VOLUNTEERED TO IMPROVE THE LIVES OF THOSE LESS FORTUNATE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 4795 (Word version) -- Reps. Bauer, Koon, Knotts, Stuart, Spearman, Gamble, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stoddard, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION OFFERING THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO OUR ESTEEMED FORMER COLLEAGUE, THE HONORABLE JARVIS R. KLAPMAN OF LEXINGTON COUNTY, ON THE OCCASION OF HIS UPCOMING EIGHTY-SECOND BIRTHDAY.
Whereas, The Honorable Jarvis R. Klapman turns eighty-two years young on Friday, March 20, 1998 -- a wonderful milestone -- and is blessed in that he is surrounded by a loving and adoring family; and
Whereas, Jarvis Klapman was born March 20, 1916, in Columbia, South Carolina, to the late Ollie Furman and Bertha Estelle (Moore) Klapman; and
Whereas, he graduated from Brookland-Cayce High School in 1934 and graduated from Fort Benning Infantry School in 1942; and
Whereas, Jarvis Klapman proudly served his country in the 88th Airborne Infantry Regiment, 1941-45, 88th Glider Infantry Regiment, 1942-44, and 326th Glider 13th Airborne Division, 1944-46; and
Whereas, for his distinguished military service, Jarvis Klapman was awarded the Combat Infantry Badge; Ribbons: Pre-Pearl Harbor, American Theatre and European Theatre; and Bronze Star Central European Theatre. Ultimately, he attained the rank of 2nd Lieutenant in the South Carolina National Guard; and
Whereas, on May 28, 1944, Jarvis Klapman married the late Arlene E. McLellan of Lantry, South Dakota and they were blessed with three children: two daughters, Linda Kay Vallejo and Janet Ruth Smith; and one son, Brett Randolph Klapman; and
Whereas, Jarvis Klapman was first elected to the South Carolina House of Representatives in 1967. He was elected again to the South Carolina House of Representatives in 1971, and served continuously until 1992; and
Whereas, Representative Klapman was an active and influential member of the powerful House Ways and Means Committee from 1973 until 1988, always being guided by what was best for Lexington County, as well as the Palmetto State; and
Whereas, Representative Klapman also played a key role on a number of joint and special committees during his tenure in the House, including the State House Committee; Chairman, Pornography Study Committee; Vice Chairman, Joint Personnel and Finance Committee; Joint Appropriations Legislative Review Committee; and Governor's Education Finance Study Committee; and
Whereas, he is an avid golfer, committed to keeping pace with his fellow golfing friends, both young and old; and
Whereas, Jarvis Klapman exemplifies a person who has always held South Carolina, its people, its problems, and its development very close to his heart and continues to be an active community and civic leader; and Whereas, his friends and colleagues in the General Assembly would like to wish to him a very happy birthday and every best wish for health and happiness as he enters his eighty-second year. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring: That the members of the General Assembly of the State of South Carolina, by this resolution, offer sincere congratulations to our esteemed former colleague, The Honorable Jarvis R. Klapman of Lexington County, on the occasion of his upcoming eighty-second birthday.
Be it further resolved that a copy of this resolution be forwarded to The Honorable Jarvis R. Klapman.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4796 (Word version) -- Rep. Cromer: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXPRESS GRATITUDE FOR THE ACCOMPLISHMENTS AND LEGACY OF THE LATE MAJOR GENERAL GEORGE MABRY, ONE OF SOUTH CAROLINA'S MOST OUTSTANDING CITIZENS AND AN AUTHENTIC AMERICAN HERO.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4797 (Word version) -- Reps. Leach, Hamilton and Easterday: A BILL TO AMEND SECTION 56-5-2945, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH BY THE OPERATION OF A VEHICLE WHILE THE DRIVER IS UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO PROVIDE FOR THE ADMINISTRATION OF TESTS TO DETECT THE PRESENCE OF ALCOHOL, DRUGS, OR THE COMBINATION OF ALCOHOL AND DRUGS IN A PERSON WHO HAS BEEN ARRESTED FOR VIOLATING THIS SECTION.
Referred to Committee on Judiciary.
H. 4798 (Word version) -- Reps. Harrison, Cotty, Sandifer, Klauber, Hawkins, Meacham, Young-Brickell, Barrett, McKay, Kinon, Young and J. Smith: A BILL TO AMEND SECTION 25-1-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE ADJUTANT GENERAL, SO AS TO ALLOW THE ADJUTANT GENERAL TO ORDER A MEMBER OF THE NATIONAL GUARD OR STATE GUARD TO ACTIVE DUTY FOR NOT MORE THAN FIFTEEN DAYS SUBJECT TO THE CONSENT OF THE GOVERNOR AND THE GUARD MEMBER.
Rep. HARRISON asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. LEE objected.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4799 (Word version) -- Reps. Altman, Kelley, Keegan, Lanford, Rhoad, Witherspoon and Meacham: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-HALF MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4800 (Word version) -- Rep. Boan: A BILL TO AMEND TITLE 40, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING OF PROFESSIONS AND OCCUPATIONS, BY ADDING SECTION 40-1-400 SO AS TO REQUIRE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO VERIFY WITH THE DEPARTMENT OF REVENUE THAT A LICENSE APPLICANT HAS PAID ALL TAXES AND IS IN COMPLIANCE OTHERWISE WITH THIS STATE'S TAX LAWS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4801 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO CLARIFY THE TYPES OF SCHOOL MATERIALS WHICH QUALIFY FOR THE EXEMPTION AND TO DELETE THE REQUIREMENT THAT FESTIVALS MUST BE OFFICIALLY RECOGNIZED AS SPECIAL EVENTS BEFORE CONCESSIONS SOLD THERE ARE EXEMPT.
Referred to Committee on Ways and Means.
H. 4802 (Word version) -- Reps. McKay, Boan, Quinn, Koon, McGee and H. Brown: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING SECTION 50-21-425 AND SECTION 50-23-295, SO AS TO PREVENT RENEWAL OF REGISTRATION OR TRANSFER OF REGISTRATION OR TRANSFER OF CERTIFICATE OF TITLE OF WATERCRAFT WITH DELINQUENT PROPERTY TAXES.
Referred to Committee on Ways and Means.
H. 4803 (Word version) -- Reps. Bauer and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-410 SO AS TO LIMIT THE ROYALTIES ALLOWED TO BE RETAINED BY AN ENTITY WHICH CONTRACTS WITH A STATE INSTITUTION OF HIGHER LEARNING FOR THE LICENSING OF ITS REGISTERED TRADEMARKS TO NO MORE THAN TEN PERCENT OF THE ROYALTIES RECEIVED OR AN EQUIVALENT LIMIT WHEN PAYMENT IS BASED ON OTHER THAN A PERCENTAGE OF ROYALTIES.
Referred to Committee on Ways and Means.
S. 399 (Word version) -- Senator Bryan: A BILL TO AMEND ARTICLE 3, CHAPTER 13, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-365 SO AS TO PROVIDE A PROCEDURE FOR ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT; TO AMEND SECTION 7-13-360 OF THE 1976 CODE, RELATING TO WRITE-IN BALLOTS, SO AS TO DELETE THE PROHIBITION ON ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT.
Referred to Committee on Judiciary.
S. 942 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 41-16-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF REGULATIONS CONCERNING THE SOUTH CAROLINA ELEVATOR CODE, SO AS TO CONFORM STATE LAW TO COMPLY WITH THE CURRENT NATIONAL SAFETY CODES.
Referred to Committee on Labor, Commerce and Industry.
S. 1095 (Word version) -- Judiciary Committee: A BILL TO AMEND ARTICLE 13, CHAPTER 7 OF TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, SO AS TO REVISE THE PROVISIONS OF THE ARTICLE TO CLARIFY LANGUAGE CONCERNING THE DRAWING OF GRAND JURORS, TO DELETE CERTAIN OBSOLETE PROVISIONS, TO PROVIDE THAT THE NUMBER OF GRAND JURORS TO BE DRAWN BY THE JURY COMMISSIONERS MUST BE A NUMBER WHICH THE CLERK OF COURT OR CHIEF ADMINISTRATIVE JUDGE FOR THE CIRCUIT HAS DETERMINED TO BE SUFFICIENT IN ORDER TO IMPANEL A GRAND JURY, AND TO PROVIDE THAT A PERSON COMPLETING HIS SERVICE AS A GRAND JUROR, INCLUDING ANY SERVICE AS A HOLDOVER GRAND JUROR, IS EXEMPT FROM ANY FURTHER JURY SERVICE IN ANY COURT OF THIS STATE FOR A PERIOD OF FIVE CALENDAR YEARS; AND TO AMEND CHAPTER 7 OF TITLE 14, RELATING TO JURIES AND JURORS IN CIRCUIT COURT, BY ADDING ARTICLE 17, SO AS TO PROVIDE AN ALTERNATIVE METHOD FOR SELECTING AND IMPANELING GRAND JURIES IN WHICH GRAND JURORS SHALL SERVE TERMS OF SIX MONTHS RATHER THAN ONE YEAR AND MAY HOLD OVER FOR ONE ADDITIONAL SIX-MONTH TERM, TO PROVIDE THE PROCEDURES FOR SELECTING AND IMPANELING SUCH JURORS UNDER THIS ALTERNATIVE METHOD, AND TO PROVIDE THAT A PERSON COMPLETING HIS SERVICE AS A GRAND JUROR UNDER THIS ALTERNATIVE METHOD, INCLUDING ANY SERVICE AS A HOLDOVER GRAND JUROR, IS EXEMPT FROM ANY FURTHER JURY SERVICE IN ANY COURT OF THIS STATE FOR A PERIOD OF FIVE CALENDAR YEARS.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cromer Dantzler Delleney Easterday Edge Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, M. Hinson Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Leach Lee Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McGee McKay McLeod McMahand McMaster Meacham Moody-Lawrence Mullen Neal Neilson Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Thursday, March 12.
Jennings G. McAbee H.B. Limehouse III Jesse E. Hines James N. Law G. Ralph Davenport, Jr. John G. Felder Richard M. Quinn, Jr. Clementa C. Pinckney Bill Cotty Ralph W. Canty
I was present during roll call but my roll call button malfunctioned.
Rep. H.B. Limehouse III
The SPEAKER granted Rep. TRIPP a leave of absence for the day.
The SPEAKER granted Rep. MILLER a leave of absence for the day due to illness.
The SPEAKER granted Rep. SIMRILL a leave of absence for the day due to medical reasons.
Rep. TOWNSEND signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 11.
Announcement was made that Dr. Rutledge Lawson of Greenville is the Doctor of the Day for the General Assembly.
On motion of Rep. CARNELL, with unanimous consent, Rep. WILKES' remarks were ordered printed in the journal as follows:
I rise today to make a short statement in honor and memory of Mr. Walter B. Brown, Sr. Walter faithfully served our State as a member of this body for six years, as an agency head, and as a tireless promoter of the attributes of South Carolina. He served Fairfield County as a political leader, a civic and church leader and as an unpaid spokesman for economic development. The Walter B. Brown Industrial Park near Ridgeway was named in his honor. Walter served his family as a dedicated husband and father and as a doting grandfather. He not only walked and talked with the captains of industry and the giants of politics, he was one of them. We can take comfort that Walter now rests happily with his good friends-the likes of Sol Blatt, Edgar Brown, Marion Gressette, Rembert Dennis and many others. We will miss his intellect, his wit and humor and most of all his friendship.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 1063 (Word version) -- Senators Martin and Alexander: A BILL TO PROVIDE FOR AN ADVISORY ELECTION AMONG PICKENS COUNTY VETERANS TO NOMINATE A CANDIDATE TO THE PICKENS COUNTY LEGISLATIVE DELEGATION FOR RECOMMENDATION
TO THE STATE DIRECTOR OF VETERANS' AFFAIRS FOR APPOINTMENT AS PICKENS COUNTY VETERANS AFFAIRS OFFICER.
H. 4782 (Word version) -- Reps. Baxley, Neilson and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 4, 1998, BY THE STUDENTS OF WASHINGTON STREET ELEMENTARY SCHOOL IN DARLINGTON COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO THE SEWAGE SYSTEM MALFUNCTIONING IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN FOR FULL SCHOOL DAYS MISSED.
H. 4596 (Word version) -- Reps. Harrison and Cromer: 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 AUTHORIZE THE COMMISSION TO MEET AT SUCH TIMES AS IT CONSIDERS NECESSARY.
Rep. CROMER explained the Bill.
On motion of Rep. TROTTER, with unanimous consent, it was ordered that S. 1063 (Word version) be read the third time tomorrow.
On motion of Rep. BAXLEY, with unanimous consent, it was ordered that H. 4782 (Word version) be read the third time tomorrow.
On motion of Rep. CROMER, with unanimous consent, it was ordered that H. 4596 (Word version) be read the third time tomorrow.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4468 (Word version) -- Reps. Harrison and Cotty: A BILL TO AMEND SECTION 19-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIBILITY OF OUT-OF-COURT STATEMENTS BY CERTAIN CHILDREN, SO AS TO EXPAND THE ADMISSIBILITY OF THESE STATEMENTS TO INCLUDE CHILDREN WHO FUNCTION COGNITIVELY, ADAPTIVELY, OR DEVELOPMENTALLY UNDER AGE TWELVE; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO HEAR AND DETERMINE ACTIONS CONCERNING CONTROL OF A MINOR, INCLUDING GUARDIANSHIP OF A MINOR; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS USED IN ARTICLE 7, CHAPTER 7, TITLE 20, SO AS TO ALSO APPLY THESE DEFINITIONS TO OTHER ARTICLES IN THE CHILDREN'S CODE; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE DUTY TO REPORT EXISTS REGARDLESS OF WHO THE REPORTER BELIEVES TO BE THE PERPETRATOR OF THE ABUSE; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR REPORTING CHILD ABUSE OR NEGLECT, SO AS TO EXPAND THE IMMUNITY TO PERSONS WHO PARTICIPATE IN AN INVESTIGATION OF ABUSE OR NEGLECT; TO AMEND SECTION 20-7-545, AS AMENDED, RELATING TO IMMUNITY OF THE DEPARTMENT OF SOCIAL SERVICES PERSONNEL FROM LIABILITY FOR PERFORMING CHILD PROTECTIVE SERVICES OR CHILD WELFARE FUNCTIONS, SO AS TO ALSO INCLUDE CONTRACT EMPLOYEES; TO AMEND SECTION 20-7-610, AS AMENDED, RELATING TO EMERGENCY PROTECTIVE CUSTODY PROCEDURES, SO AS TO REVISE CERTAIN PROCEDURES; TO AMEND SECTION 20-7-618 RELATING TO DETAINMENT OF ABUSED OR NEGLECTED CHILDREN BY MEDICAL PROFESSIONALS WITHOUT PARENTAL CONSENT, SO AS TO CLARIFY THAT SUCH DETAINMENT IS NOT KEEPING A CHILD IN EMERGENCY PHYSICAL CUSTODY; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE DEPARTMENT IS NOT REQUIRED TO BEGIN AN
INVESTIGATION OF A CHILD WHO DIED OF ABUSE OR NEGLECT WITHIN TWENTY-FOUR HOURS UNLESS OTHER CHILDREN ARE IN THE HOME OR IF THE ALLEGED PERPETRATOR IS THE PARENT OR GUARDIAN AND TO REVISE CERTAIN PROCEDURES WHEN A CHILD IS IN PLACEMENT WITH A RELATIVE; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO REVISE CERTAIN PERSONS, AGENCIES, OR ENTITIES WHICH MAY HAVE ACCESS TO THESE REPORTS AND RECORDS AND TO AUTHORIZE THE DEPARTMENT TO DISCLOSE NECESSARY INFORMATION TO PARTICIPANTS IN A FAMILY GROUP CONFERENCE; TO AMEND SECTION 20-7-765 RELATING TO FOSTER CARE TREATMENT PLAN REQUIREMENTS REGARDING SUBSTANCE ABUSE, SO AS TO CHANGE THE TERM "TREATMENT PLAN" TO "PLACEMENT PLAN"; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO THE PERMANENCY PLANNING HEARING FOR CHILDREN IN FOSTER CARE, SO AS TO MAKE THE AGE REQUIREMENTS AND INITIATION PROCEDURES FOR A JUDICIAL STATUS REVIEW INTERNALLY CONSISTENT WITHIN THE SECTION; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO ADD AS A GROUND FOR TERMINATION, CONVICTION FOR CERTAIN CRIMES AGAINST THE PERSON, INCLUDING CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 20-7-2376, AS AMENDED, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO REQUIRE THE BOARDS TO SUBMIT TO THE COURT WRITTEN REPORTS, DISTINCTIVE FROM OTHER DOCUMENTS IN THE FILE, AND TO AUTHORIZE THE BOARD TO REQUEST AN EMERGENCY HEARING IF THE BOARD CONCLUDES THAT THE SAFETY OF A CHILD IS IN IMMINENT DANGER; TO AMEND SECTION 59-63-31 RELATING TO GROUNDS FOR ATTENDING A PUBLIC SCHOOL IN A DISTRICT WITHOUT CHARGE IF THE CHILD IS IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THESE GROUNDS; TO AMEND JOINT RESOLUTION 157 OF 1997 RELATING TO THE PILOT CHILD PROTECTIVE SERVICES SYSTEM, SO AS TO CLARIFY THAT THE EVALUATION REQUIRED TO BE CONDUCTED IS THE ONLY EVALUATION THAT MUST BE PERFORMED BY THE DEPARTMENT OF SOCIAL SERVICES IN COUNTIES PARTICIPATING IN THE PILOT AND TO EXPAND FROM THIRTY TO FORTY-FIVE DAYS THE TIME WITHIN WHICH A DETERMINATION MUST BE MADE FOR A CASE TO BE REFERRED TO THE PILOT SYSTEM.
The following Bill was taken up.
H. 3833 (Word version) -- Reps. Hawkins, Altman, F. Smith, J. Smith, Maddox, Campsen, Whipper, Baxley, Bauer, Delleney, D. Smith, Beck, H. Brown, McCraw, Haskins, Fleming, Young, Felder and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-7-435 AND BY AMENDING SECTION 43-7-440, AS AMENDED, RELATING TO ENFORCEMENT OF A SUPERIORITY OF RIGHTS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, SO AS TO REQUIRE, RATHER THAN AUTHORIZE, THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, IN ENFORCING ITS ASSIGNMENT OR SUBROGATION RIGHTS, TO REDUCE ANY AMOUNT DUE THE DEPARTMENT BY TWENTY-FIVE PERCENT IF THE RECIPIENT OF SERVICES HAS RETAINED AN ATTORNEY TO PURSUE THE RECIPIENT'S CLAIM AGAINST A THIRD PARTY; AND TO AMEND SECTION 43-7-410, AS AMENDED, RELATING TO DEFINITIONS CONCERNING ASSIGNMENT AND SUBROGATION OF CLAIMS FOR REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO CONFORM THE DEFINITION OF "COMMISSION" TO GOVERNMENT RESTRUCTURING.
Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 482 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 17-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC DEFENDERS, SO AS TO PROVIDE THAT ASSISTANT PUBLIC DEFENDERS MAY RESIDE OUTSIDE OF THE COUNTY OR THE DEFENDER CORPORATION AREA IN WHICH THEY SERVE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21238SD.98), which was adopted.
Amend the bill, as and if amended, by striking item (d) of Section 17-3-60 of the 1976 Code, as contained in SECTION 1 and inserting:
/(d) The public defender and assistant public defenders shall be licensed to practice law in this State and shall be residents of the county in which they serve except as modified by subsection (I) hereof. The public defender or the assistant public defenders may reside outside of the county in which they serve./
Amend the bill further, as and if amended, by striking item (i) of Section 17-3-60 of the 1976 Code, as contained in SECTION 1, and inserting:
/(i) Nothing herein contained is designed to prevent the combined bars of two or more adjoining counties from jointly creating a defender corporation to be known as the Defender Corporation of and counties. For the purposes of this subsection the public defender or the assistant public defender(s) may be residents of any county in the defender corporation area or the assistant public defenders may reside outside of the defender corporation area./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that S. 482 (Word version) be read the third time tomorrow.
The following Bill was taken up.
H. 4611 (Word version) -- Rep. Beck: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-7-1000 SO AS TO PROVIDE THE CONDITIONS UNDER WHICH A MUNICIPALITY MAY POOL ITS PRECINCTS FOR MUNICIPAL ELECTIONS.
Rep. CROMER explained the Bill.
Rep. HOWARD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4646 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-455 SO AS TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH, IN COOPERATION WITH THE FEDERAL VOTING ASSISTANCE PROGRAM, A PILOT PROJECT FOR THE PURPOSE OF PERMITTING ARMED FORCES PERSONNEL AND OVERSEAS CITIZENS TO TRANSMIT THEIR VOTES BY USE OF AN ELECTRONIC MEDIUM USING THE INTERNET, TO PROVIDE THAT THE PILOT PROJECT TERMINATES DECEMBER 31, 2000, TO REQUIRE THE STATE ELECTION COMMISSION TO REPORT THE RESULTS OF THE PILOT PROJECT AND RECOMMEND TO THE GENERAL ASSEMBLY POSSIBLE FUTURE APPLICATIONS WHICH MAY BE UTILIZED FOR VOTING BY ELECTRONIC MEANS USING THE INTERNET, AND TO REPEAL SECTION 7-15-455, EFFECTIVE DECEMBER 31, 2000.
Rep. CROMER explained the Bill.
Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4354 (Word version) -- Reps. Cato, Kirsh, Mason, Sandifer and Seithel: A BILL TO AMEND SECTION 34-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF MEMBERS TO THE STATE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REFLECT THE MERGER OF THE SOUTH CAROLINA BANKERS ASSOCIATION AND THE STATE SAVINGS AND LOAN LEAGUE. H. 3150 (Word version) -- Reps. Haskins, Robinson, Knotts, Scott, Baxley, Leach and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-5-616 AND 56-5-617 SO AS TO DEFINE THE HIGHWAYS ENCOMPASSING THE INTERSTATE HIGHWAY SYSTEM AND THE STATE HIGHWAY PRIMARY SYSTEM; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO REVISE THE SPEED LIMITS ALONG THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-1535, AS AMENDED, RELATING TO SPEEDING IN WORK ZONES, SO AS TO REVISE THE LANGUAGE ON SIGNS POSTED IN A WORK ZONE AND TO PROVIDE THAT THE PENALTY CONTAINED ON SIGNS POSTED IN A WORK ZONE ARE IN ADDITION TO OTHER PENALTIES FOR SPEEDING; TO AMEND SECTION 56-5-1540, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO REVISE THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT; TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.
The motion period was dispensed with on motion of Rep. CROMER.
SPEAKER WILKINS arose to a point of privilege of the House.
On motion of Rep. HASKINS, with unanimous consent, the following communication from the SPEAKER of the House to the President Pro Tempore of the Senate was ordered printed in the Journal as follows:
March 12, 1998
The Honorable John W. Drummond
President Pro Tempore
111 Gressette Building
Columbia, South Carolina 29202
Dear Senator Drummond:
On behalf of the South Carolina House of Representatives I am hereby refusing to accept and am returning H. 4688 as amended by the Senate (Concurrent Resolution for election of judges). The House is simply not going to be a part of a blatantly unconstitutional attempt to circumvent the constitutional and statutory requirement for a joint session for the election of judges.
Article V of the South Carolina Constitution clearly states that judges shall be elected by a joint public vote of the General Assembly. Section 2-19-90 of the South Carolina Code of Laws states that "in order to be elected, a candidate must receive a majority vote of the members of the General Assembly voting in joint session."
The Senate's action is clearly contrary to constitutional and statutory provisions. The House refuses to participate in such action.
On a more personal note, I am disappointed that you have not persuaded the Senate to meet with us in joint session to elect judges as we discussed and agreed to on February 5, 1998. I am enclosing a copy of my letter to you dated February 10, 1998, confirming that conversation. In that conversation, you assured me that you would direct the Senate to meet with us to elect judges as we have always done and then have the Senate file a lawsuit to reach a judicial determination of this matter. I am also enclosing a copy of my letter of March 11, 1998, to the President of the South Carolina Bar Association setting forth the House's position.
On March 11, 1998, the House once again adopted a concurrent resolution calling for a joint session of the General Assembly to be held on March 18, 1998, for the purpose of electing judges. This is our fifth attempt to meet in joint session with the Senate to elect judges.
I hope you will use your considerable influence to persuade the Senate to elect judges in the same manner in which the South Carolina General Assembly has been doing for over two (200) hundred years. This issue is not a question of the House or Senate winning or losing. However, due to the Senate's refusal to abide by constitutional and statutory requirements for the election of judges, the real losers are the people of South Carolina.
Sincerely,
David H. Wilkins
Speaker of the House
The following Bill was taken up.
H. 4113 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-45, SO AS TO PROVIDE THAT A SCHOOL DISTRICT SUPERINTENDENT IN SOUTH CAROLINA SHALL NOT RECEIVE OR BE OFFERED DIRECTLY OR INDIRECTLY FOR THE PERFORMANCE OR CONTINUATION OF HIS DUTIES A SUPPLEMENT, OTHER COMPENSATION, OR VALUABLE CONSIDERATION FROM ANY NONGOVERNMENTAL SOURCE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL TAKE EFFECT MAY 1, 1997.
Reps. SHEHEEN and WALKER proposed the following Amendment No. 4 (Doc Name P:\AMEND\BBM\9721HTC.98), which was adopted.
Amend the bill, as and if amended, SECTION 1, Section 59-25-45, line 31, after / offered /, by adding:
/, unless the source of funding is approved by the local school district's school board and is an approved educational foundation registered under Section 501(C) of the Internal Revenue Code of 1986 or registered with the Attorney General of South Carolina./
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The SPEAKER Pro Tempore granted Rep. LEE a leave of absence for the remainder of the day.
Rep. SHEHEEN continued speaking.
The amendment was then adopted.
Rep. CARNELL proposed the following Amendment No. 2 (Doc Name P:\AMEND\KGH\15466CM.98), which was adopted.
Amend the bill, as and if amended, SECTION 1, Section 59-25-45, line 31, after /offered/, by adding:
/, unless the source of funding is approved by the local school district's school board/
Renumber sections to conform.
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. WALKER spoke in favor of the amendment.
Rep. HOWARD spoke against the amendment.
The SPEAKER Pro Tempore granted Rep. F. SMITH a leave of absence for the remainder of the day.
Rep. HOWARD continued speaking.
Rep. HAWKINS spoke in favor of the amendment.
Rep. ALTMAN spoke against the amendment.
Rep. KLAUBER spoke in favor of the amendment.
Rep. WALKER moved to table the amendment.
Rep. CARNELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barrett Battle Bauer Baxley Campsen Cato Cotty Cromer Dantzler Easterday Harrell Hinson Jordan Law Leach Limehouse Littlejohn Loftis Maddox McMaster Rhoad Sharpe Sheheen Vaughn Walker
Those who voted in the negative are:
Allison Bailey Barfield Beck Bowers Brown, G. Brown, J. Byrd Canty Carnell Cave Chellis Clyburn Cobb-Hunter Davenport Delleney Edge Fleming Gamble Gourdine Govan Hamilton Harris Harrison Harvin Haskins Hawkins Hines, J. Howard Inabinett Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Lloyd Mack Martin Mason McCraw McGee McKay McLeod McMahand Meacham Moody-Lawrence Mullen Neal Neilson Phillips Pinckney Quinn Rice Riser Rodgers Sandifer Scott Seithel Smith, R. Spearman Stille Townsend Trotter Webb Whatley Whipper Wilder Witherspoon Woodrum Young Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Battle Bauer Beck Bowers Brown, G. Brown, J. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Easterday Edge Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hinson Howard Inabinett Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Koon Lanford Law Leach Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McGee McKay McLeod McMaster Meacham Moody-Lawrence Mullen Neal Neilson Phillips Quinn Rhoad Rice Rodgers Sandifer Scott Seithel Sharpe Smith, J. Smith, R. Spearman Stille Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Baxley Brown, T. Canty McMahand Pinckney Sheheen
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. ALTMAN asked unanimous consent that H. 4113 (Word version) be read a third time tomorrow.
Rep. SHEHEEN objected.
The following Bill was taken up. H. 4360 (Word version) -- Reps. Limehouse, Wilkins, Altman, Barrett, Bauer, Barfield, H. Brown, Campsen, Cato, Dantzler, Davenport, Delleney, Felder, Fleming, Harrell, Harrison, Haskins, Hawkins, Jordan, Keegan, Kelley, Kinon, Klauber, Law, Littlejohn, Lloyd, McMaster, Maddox, Rice, Riser, Robinson, Sandifer, D. Smith, F. Smith, R. Smith, Tripp, Trotter, Vaughn, Whatley, Witherspoon, Young, Bailey, Cotty, Hinson, Gamble, Knotts, Leach, Meacham, Rodgers, Seithel, Stille, Easterday, Mason, Young-Brickell and J. Smith: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 48 SO AS TO ENACT THE "SEXUALLY VIOLENT PREDATOR ACT" INCLUDING PROVISIONS TO ESTABLISH PROCEDURES FOR DETERMINING IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, TO PROVIDE FOR THE RIGHTS OF SUCH PERSONS IN THIS PROCESS, AND TO AUTHORIZE THE COMMITMENT OF SUCH PERSON TO THE DEPARTMENT OF MENTAL HEALTH UPON ANTICIPATION OF RELEASE FROM INCARCERATION UNTIL THE PERSON IS SAFE TO BE AT LARGE; TO AMEND SECTION 16-3-1110, RELATING TO DEFINITIONS IN REGARD TO COMPENSATION OF VICTIMS OF CRIME AND TOLLING THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME WHO HAVE A CAUSE OF ACTION AGAINST AN INCARCERATED OFFENDER, SO AS TO FURTHER PROVIDE FOR THE TOLLING OF THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME IN REGARD TO PERSONS RELEASED FROM COMMITMENT PURSUANT TO CHAPTER 48 OF TITLE 44; TO AMEND CHAPTER 3, TITLE 24, RELATING TO THE STATE PRISON SYSTEM, BY ADDING SECTION 24-3-85 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ADMIT AND DETAIN PERSONS TRANSFERRED PURSUANT TO AN INTERAGENCY AGREEMENT AUTHORIZED BY CHAPTER 48 OF TITLE 44; AND TO AMEND SECTION 44-22-10, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RIGHTS OF MENTAL HEALTH PATIENTS, SO AS TO EXCLUDE FROM THE DEFINITION OF "PATIENT" A PERSON COMMITTED TO THE DEPARTMENT PURSUANT TO CHAPTER 48 OF TITLE 44.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21258SD.98).
Amend the bill, as and if amended, by striking Sections 44-48-20 through 44-48-70 of the 1976 Code, as contained in SECTION 1, and inserting:
/Section 44-48-20. The General Assembly finds that a mentally abnormal and extremely dangerous group of sexually violent predators exists and requires involuntary civil commitment for long-term control, care, and treatment. The General Assembly further finds that the likelihood that sexually violent predators will engage in repeat acts of sexual violence if not treated, for their mental conditions is significant. Because the existing civil commitment process is inadequate to address the special needs of sexually violent predators, and the risks that they present to society, the General Assembly determines that a separate involuntary civil commitment process for the long-term control, care, and treatment of sexually violent predators is necessary. The General Assembly also determines that, because of the nature of the mental conditions from which sexually violent predators suffer, and the dangers they present, it is necessary to house involuntarily committed sexually violent predators in an environment separate from persons involuntarily committed under traditional civil commitment statutes.
Section 44-48-30. For purposes of this chapter:
(1) 'Sexually violent predator' means a person who:
(a) has been convicted of a sexually violent offense, and
(b) suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.
(2) 'Sexually violent offense' means:
(a) criminal sexual conduct in the first degree, as provided in Section 16-3-652;
(b) criminal sexual conduct in the second degree, as provided in Section 16-3-653;
(c) criminal sexual conduct in the third degree, as provided in Section 16-3-654;
(d) criminal sexual conduct with minors in the first degree, as provided in Section 16-3-655(1);
(e) criminal sexual conduct with minors in the second degree, as provided in Section 16-3-655(2) and (3);
(f) engaging a child for a sexual performance, as provided in Section 16-3-810;
(g) producing, directing, or promoting sexual performance by a child, as provided in Section 16-3-820;
(h) assault with intent to commit criminal sexual conduct, as provided in Section 16-3-656;
(i) incest, as provided in Section 16-15-20;
(j) buggery, as provided in Section 16-15-120;
(k) committing or attempting lewd act upon child under sixteen, as provided in Section 16-15-140;
(l) violations of Article 3, Chapter 15 of Title 16 involving a minor when the violations are felonies;
(m) accessory before the fact to commit an offense enumerated in this item and as provided for in Section 16-1-40;
(n) attempt to commit an offense enumerated in item (2) as provided by Section 16-1-80;
(o) any offense for which the judge makes a specific finding on the record that based on the circumstances of the case, the person's offense should be considered a sexually violent offense.
(3) 'Mental abnormality' means a mental condition affecting a person's emotional or volitional capacity that predisposes the person to commit sexually violent offenses.
(4) 'Sexually motivated' means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant's sexual gratification.
(5) 'Agency with jurisdiction' means that agency which releases upon lawful order or authority a person serving a sentence or term of confinement and includes the South Carolina Department of Corrections, the South Carolina Department of Probation, Parole, and Pardon Services, the Board of Probation, Parole, and Pardon Services, the Department of Juvenile Justice, the Juvenile Parole Board, and the Department of Mental Health.
(6) 'Convicted of a sexually violent offense' means a person has pled guilty to, pled nolo contendere to, been convicted of, been adjudicated delinquent as a result of the commission of, been charged but determined to be incompetent to stand trial for, been found not guilty by reason of insanity of, or been found guilty but mentally ill of a sexually violent offense.
(7) 'Court' means the court of common pleas.
(8) 'Total confinement' means incarceration in a secure state or local correctional facility and does not mean any type of supervision in the community.
(9) 'Likely to engage in acts of sexual violence' means the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others.
(10) 'Person' means an individual who is a potential or actual subject of proceedings under this act.
Section 44-48-40. (A) When a person has been convicted of a sexually violent offense, the agency with jurisdiction shall give written notice to the Attorney General and the solicitor of the judicial circuit where the person committed the offense ninety days before:
(1) the anticipated release from total confinement of a person who has been convicted of a sexually violent offense, except that in the case of persons who are returned to prison for no more than ninety days as a result of revocation of any type of community supervision program, written notice must be given as soon as practicable following the person's readmission to prison;
(2) the anticipated hearing on fitness to stand trial following notice under Section 44-23-460 of a person who has been charged with a sexually violent offense but who was found unfit to stand trial for the reasons set forth in Section 44-23-410 following a hearing held pursuant to Section 44-23-430;
(3) the anticipated hearing pursuant to Section 17-24-40(C) of a person who has been found not guilty by reason of insanity of a sexually violent offense; or
(4) release of a person who has been found guilty of a sexually violent offense but mentally ill pursuant to Section 17-24-20.
(B) When a person has been convicted of a sexually violent offense and the Board of Probation, Parole, and Pardon Services or the Board of Juvenile Parole intends to grant the person a parole or the South Carolina Department of Corrections intends to grant the person a conditional release, the parole or the conditional release shall be granted to be effective in ninety days. The Board of Probation, Parole, and Pardon Services, the Juvenile Parole Board, or the South Carolina Department of Corrections shall immediately send notice of the parole or conditional release of the person to the Attorney General and the solicitor of the judicial circuit where the person committed the offense. If the person is determined to be a sexually violent predator pursuant to this chapter, the person shall be subject to the provisions of this chapter even though the person has been released on parole or conditional release.
(C) The agency with jurisdiction shall inform the Attorney General and the solicitor of the judicial circuit where the person committed the offense of:
(1) the person's name, identifying factors, anticipated future residence, and offense history;
(2) documentation of institutional adjustment and any treatment received.
(D) The provisions of this section are not jurisdictional, and failure to comply with them in no way prevents the Attorney General or the solicitor who filed a petition pursuant to Section 44-48-50(B) from proceeding against a person otherwise subject to the provisions of this act.
(E) The agency with jurisdiction, its employees, officials, and individuals contracting, appointed, or volunteering to perform services under this chapter are immune from civil or criminal liability for any good-faith conduct under this section.
Section 44-48-50. (A) When it appears to the Attorney General that the person presently confined may be a sexually violent predator, the Attorney General may file a petition with the court in the jurisdiction where the offense was committed within seventy-five days of the date the Attorney General received the written notice by the agency with jurisdiction as provided in Section 44-48-40(A) or (B) alleging that the person is a sexually violent predator and stating sufficient facts to support the allegation.
(B) When it appears to the solicitor of the judicial circuit where the person committed the offense that the person presently confined may be a sexually violent predator and the Attorney General does not file a petition, the solicitor may file a petition with the court in the jurisdiction where the offense was committed within seventy-six days of the date the solicitor received the written notice by the agency with jurisdiction as provided in Section 44-48-40(A) or (B) alleging that the person is a sexually violent predator and stating sufficient facts to support the allegation.
(C) The provisions of this section are not jurisdictional, and failure to comply with them in no way prevents the Attorney General or a solicitor who filed a petition pursuant to Section 44-48-50(B) from proceeding against a person otherwise subject to the provisions of this act.
Section 44-48-60. (A) Upon filing of a petition, the judge shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator and if the judge determines that probable cause exists to believe that the person is a sexually violent predator, the judge shall direct that the person be taken into custody.
(B) Within seventy-two hours after a person is taken into custody pursuant to subsection (A), the person must be provided with notice of, and an opportunity to appear in person at, a hearing to contest probable cause as to whether the detained person is a sexually violent predator. At this hearing the court shall:
(1) verify the detainee's identity;
(2) receive evidence and hear argument from the person and the Attorney General or the solicitor who filed a petition pursuant to Section 44-48-50(B); and
(3) determine whether probable cause exists to believe that the person is a sexually violent predator.
The State may rely upon the petition and supplement the petition with additional documentary evidence or live testimony.
(C) At the probable cause hearing as provided in subsection (B), the detained person has the rights in addition to the rights previously specified to:
(1) be represented by counsel;
(2) present evidence on the person's behalf;
(3) cross-examine witnesses who testify against the person; and
(4) view and copy all petitions and reports in the court file.
(D) If the probable cause determination is made, the court shall direct that the person be transferred to an appropriate secure facility including, but not limited to, a county jail, for an evaluation as to whether the person is a sexually violent predator. The evaluation must be conducted by a person professionally qualified to conduct the examination.
Section 44-48-70. Within thirty days after a determination of probable causes by the court pursuant to Section 44-48-60, a demand for the trial to be before a jury must be filed in writing. The person, the Attorney General, a solicitor who filed a petition pursuant to Section 44-48-50(B), or the judge has the right to demand that the trial be before a jury. If a demand is made, the court shall schedule a trial before a jury at the next available date in the court of common pleas in that county. If no demand is made, the trial must be before the court. Within sixty days after the completion of a hearing held pursuant to Section 44-48-60, the court shall conduct a trial to determine whether the person is a sexually violent predator. The trial may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice, and when the respondent will not be substantially prejudiced. At all stages of the proceedings under this chapter, a person subject to this chapter is entitled to the assistance of counsel, and if the person is indigent, the court shall appoint counsel to assist the person. If a person is subjected to an examination under this chapter, the person may retain experts or professional persons to perform an examination of the person. If the person wishes to be examined by a qualified expert or professional person of the person's own choice, the examiner must be permitted to have reasonable access to the person for the purpose of the examination, as well as to all relevant medical and psychological records and reports. In the case of a person who is indigent, the court, upon the person's request, shall determine whether the services are necessary and reasonable compensation for the services. If the court determines that the services are necessary and the expert or professional person's requested compensation for the services is reasonable, the court shall assist the person in obtaining an expert or professional person to perform an examination or participate in the trial on the person's behalf. The court shall approve payment for the services upon the filing of a certified claim for compensation supported by a written statement specifying the time expended, services rendered, expenses incurred on behalf of the person, and compensation received in the same case or for the same services from any other source./
Renumber sections to conform.
Amend totals and title to conform.
Rep. ALTMAN explained the amendment.
Rep. HARRISON spoke in favor of the amendment.
Rep. HARRISON spoke in favor of the amendment.
Rep. HARRISON moved that the House recur to the morning hour, which was agreed to.
Further proceedings were interrupted by recurring to the morning hour, the pending question being consideration of Amendment No. 1.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3054 (Word version) -- Reps. Scott, Bailey, J. Hines and Lloyd: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE FEASIBILITY OF IMPLEMENTING A STATEWIDE MASS TRANSPORTATION SYSTEM.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3860 (Word version) -- Rep. Beck: A BILL TO AMEND SECTION 56-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR DRIVERS' LICENSES AND PERMITS, SO AS TO REQUIRE THE APPLICATION TO ALLOW THE APPLICANT TO DISCLOSE A PERMANENT MEDICAL CONDITION WHICH MUST BE INDICATED BY A SYMBOL ON THE LICENSE AND CONTAINED IN THE DRIVER'S RECORD.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 4505 (Word version) -- Reps. Gamble, Boan, Haskins, Klauber, Knotts, Koon, Riser and Stuart: A BILL TO AMEND SECTION 56-5-4090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATIONS ON LENGTHS AND LOADS OF CERTAIN POLE TRAILERS, LONGWOOD TRAILERS, AND SELF-PROPELLED POLE CARRIERS, SO AS TO INCLUDE FLAT-BED TRAILERS WITHIN CERTAIN EXCEPTIONS TO LENGTH OF VEHICLES AND LOADS, TO FURTHER PROVIDE FOR THE MATERIALS WHICH EXEMPT TRAILERS MAY TRANSPORT, AND TO MAKE A TECHNICAL CORRECTION TO A REFERENCE.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 4500 (Word version) -- Rep. Boan: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 18 SO AS TO CODIFY A PREVIOUSLY UNCODIFIED ACT ESTABLISHING THE WILLIAMSBURG TECHNICAL, VOCATIONAL AND ADULT EDUCATION CENTER COMMISSION AND IN THE CODIFIED ACT RENAMING THE GOVERNING BOARD AS THE WILLIAMSBURG TECHNICAL COLLEGE COMMISSION AND PROVIDING THAT THE MEMBERS OF THE FORMER COMMISSION BOARD ARE DEEMED TO HAVE BEEN APPOINTED TO THE GOVERNING BOARD OF THE NEWLY CONSTITUTED COMMISSION; TO AMEND SECTIONS 59-53-210, 59-53-240, 59-53-410, 59-53-710, 59-53-910, AND 59-53-1410, ALL RELATING TO THE ESTABLISHMENT OF THE GOVERNING BODIES OF VARIOUS OF THE STATE'S TECHNICAL COLLEGES, SO AS TO CHANGE THE NAMES OF THE GOVERNING BODIES TO REFLECT THE REVISED NAMES OF THE INSTITUTIONS ADMINISTERED BY THESE BOARDS AND TO DELETE OBSOLETE PROVISIONS AND MAKE GRAMMATICAL CHANGES, AND TO REPEAL ACT 58 OF 1969, RELATING TO THE ESTABLISHMENT OF THE WILLIAMSBURG TECHNICAL, VOCATIONAL AND ADULT EDUCATION CENTER COMMISSION.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4675 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO AMEND THE UNITED STATES CODE TO PERMIT FULL CONCURRENT RECEIPT OF MILITARY LONGEVITY RETIREMENT PAY AND SERVICE-CONNECTED DISABILITY COMPENSATION BENEFITS.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, with amendments, on:
S. 1087 (Word version) -- Senators Lander and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 18, 1998, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 12:00 NOON ON WEDNESDAY, MARCH 18, 1998, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
On motion of Rep. QUINN, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
S. 1087 (Word version) -- Senators Lander and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 18, 1998, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 18, 1998, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
Whereas, the Easter Seal Society of South Carolina has again embarked upon its most worthwhile project to raise funds for people with disabilities, culminating in the forty-sixth annual "B.A.C.-Coffee Day for People with Disabilities" in South Carolina on Good Friday, April 10, 1998.
Whereas, under the statewide leadership of Thomas E. Felder, Chairman, State Easter Seal Board of Directors, ably assisted by Marion Baker, State President and Tommy Thompson, Executive Director of the South Carolina Law Enforcement Officers Association; and Thomas L. Sponseller, Executive Director and Henry Finch, State President of the South Carolina Restaurant Association, this program is destined to raise thousands of dollars to aid our very deserving children and adults and assist them in overcoming their disabilities; and
Whereas, the "B.A.C." buttons go on sale Wednesday, March 18, 1998; and
Whereas, the "B.A.C." project and all other programs of the Easter Seal Society deserve the support, merit, and praise of all citizens of the State. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That Wednesday, March 18, 1998, is designated "Disabilities Day" in South Carolina and that representatives of the Easter Seal Society, the South Carolina Law Enforcement Officers Association, and the South Carolina Restaurant Association, all representing Mary Ann Stanley, daughter of Marie Stanley of Pelion; Ben Comen, son of David and Joan Comen of Anderson; Scott Carter, son of Frances Carter of Spartanburg; Chandler Smith, daughter of Wendy Smith of Greenwood; Hayley West,
daughter of Judy and Dennis West of Florence; Caleb Sawyer, son of Carolyn Sawyer of Greenville; and Blakley Hunter, son of Shirley Hunter of Charleston; who have been chosen to serve as the 1997-98 Easter Seal Society State Representatives, be presented to the General Assembly in Joint Session of the General Assembly in the Hall of the House of Representatives at 11:30 a.m. on Wednesday, March 18, 1998.
Be it further resolved that the General Assembly extends to the Easter Seal Society and its many dedicated supporters its sincere wishes for continued success in its many constructive and compassionate programs on behalf of persons with disabilities.
Be it further resolved that a copy of this resolution be forwarded to Joseph D. Jones, President and Chief Executive Officer of the Easter Seal Society, for distribution to the State Chairmen of the various phases of the Easter Seal Society's campaign and the "B.A.C." project, as well as to the State Easter Seal Society Representatives themselves.
Rep. QUINN proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5401MM.98), which was adopted.
Amend the Concurrent Resolution, as and if amended, by changing the time from 12:00 Noon to 11:30 a.m. on Wednesday, March 18, 1998.
Renumber sections to conform.
Amend totals and title to conform.
The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4804 (Word version) -- Rep. Jennings: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, TEACHER OR PRINCIPAL, SO AS TO MAKE IT UNLAWFUL TO THREATEN THE LIFE, PERSON, OR FAMILY OF ANY PUBLIC EMPLOYEE, AND REVISE THE PENALTIES FOR VIOLATION.
Referred to Committee on Judiciary.
H. 4805 (Word version) -- Reps. McGee, Campsen, Meacham, Knotts, McKay, Kinon, Simrill, Jordan, Martin, Kirsh, J. Brown, Stuart, Wilkins, Barrett, Young, Clyburn, Woodrum, Harrison, Klauber, Easterday, Gourdine, Spearman, Fleming, Haskins, Moody-Lawrence, Limehouse and Harrell: A BILL TO AMEND SECTION 23-3-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE OF SEX OFFENDER REGISTRY INFORMATION TO THE PUBLIC, SO AS TO PROVIDE THAT A REQUEST FOR INFORMATION DOES NOT HAVE TO BE WRITTEN; TO AUTHORIZE NOTIFICATION OF RESIDENTS OF AN OFFENDER LIVING WITHIN ONE MILE OF THEIR RESIDENCE IF THE SHERIFF HAS REASON TO BELIEVE THAT NOTIFICATION IS IN THE PUBLIC'S BEST INTEREST AND THAT BASED ON CRITERIA ESTABLISHED BY THE STATE LAW ENFORCEMENT DIVISION THAT THE OFFENDER MAY REPEAT A SEXUAL OFFENSE; AND TO PROVIDE IMMUNITY FOR INFORMATION RELEASED IN GOOD FAITH AND IN ACCORDANCE WITH THIS SECTION.
Referred to Committee on Judiciary.
H. 4806 (Word version) -- Reps. McLeod and Wilder: A BILL TO PROVIDE THAT THE MEMBERS OF THE NEWBERRY COUNTY BOARD OF EDUCATION MUST BE ELECTED IN NONPARTISAN ELECTIONS FROM SINGLE-MEMBER ELECTION DISTRICTS TO BE HELD AT THE SAME TIME AS THE GENERAL ELECTION, BEGINNING IN 1998, TO REQUIRE THE COUNTY ELECTION COMMISSION TO CONDUCT THE ELECTIONS, TO PROVIDE FOR THE APPLICABILITY OF CERTAIN NONPARTISAN ELECTION PROCEDURES, TO REQUIRE BOARD MEMBER COMPENSATION TO BE INCLUDED AS A SPECIFIC SECTION IN THE BUDGET AND REQUIRING TWO READINGS OF THE SECTION, AND TO PROVIDE FOR REGULAR MEETINGS OF THE BOARD; AND TO REPEAL ACT 284 OF 1985 RELATING TO THE COMPOSITION AND ELECTION OF THE NEWBERRY COUNTY BOARD OF EDUCATION.
On motion of Rep. McLEOD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4807 (Word version) -- Reps. Townsend, Maddox, Sandifer, J. Hines, Martin, Cooper, Allison, Littlejohn, Trotter, McGee, Walker, Stoddard, Stille, Byrd, Vaughn, Carnell, Lanford and Barrett: A BILL TO AMEND SECTION 56-1-2070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DRIVING A COMMERCIAL MOTOR VEHICLE WITHOUT A VALID LICENSE AND CERTAIN EXCEPTIONS TO THIS PROHIBITION, SO AS TO PROVIDE FOR ADDITIONAL EXEMPTIONS BASED ON FEDERAL EXEMPTIONS THAT ALLOW THE TRANSPORTATION OF CERTAIN HAZARDOUS WASTE MATERIALS WHICH POSE NO SUBSTANTIAL THREAT TO PUBLIC HEALTH AND SAFETY WHEN USED IN NORMAL FARMING OPERATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
On motion of Rep. McLEOD, with unanimous consent, it was ordered that H. 4806 (Word version) be read the second time tomorrow.
Rep. HARRISON asked unanimous consent to recall H. 4798 (Word version) from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. T. BROWN objected.
Rep. J. BROWN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4780 (Word version) -- Reps. G. Brown, Whipper and J. Hines: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE REVEREND BERT D. LEWIS, SR., OF BISHOPVILLE IN LEE COUNTY. H. 4789 (Word version) -- Rep. Hawkins: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO MR. JOHN WHITE OF SPARTANBURG, OWNER OF THE BEACON DRIVE-IN RESTAURANT FOR FIFTY-TWO YEARS, FOR HIS OUTSTANDING SERVICE TO THE CITIZENS OF SPARTANBURG AND VISITORS FROM ALL OVER THE UNITED STATES, AND CONGRATULATING HIM FOR HIS OPENHANDED, GENEROUS SPIRIT THAT HAS BECOME INGRAINED IN SPARTANBURG'S CULTURE, ON THE OCCASION OF HIS RETIREMENT ON MAY 1, 1998.
At 12:10 P.M. the House in accordance with the motion of Rep. WILKES adjourned in memory of former Representative Walter B. Brown, Sr. of Winnsboro, to meet at 10:00 A.M. tomorrow.
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