Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our eternal Father, Whose blessings are without number and Whose patience is infinite, hear us as we pray again - not because of what we say, but because of our deep need that drives us to You. We are confident in the knowledge that Your love knows no change, else it would not have been with us so long. We are burdened by things that do not matter, bewildered by problems of our own creation. You have made us heirs of a great heritage and trustees of priceless things, yet we forget the price that was paid for them and neglect the constant vigilance to preserve them. Then make us strong in determination, with insight for our times and courage for our challenges.
Be with us now and always. 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 Friday, the SPEAKER ordered it confirmed.
Rep. TRIPP moved that when the House adjourns, it adjourn in memory of J.C. Edwards of Piedmont, which was agreed to.
On motion of Rep. QUINN, with unanimous consent, the following was taken up for immediate consideration and accepted.
TO: Representative Richard Quinn, Chairman
Invitations Committee
FROM: Representative Becky R. Martin, State Director
National Foundation of Women Legislators
DATE: April 2, 1998
SUBJECT: 60th Anniversary of NOWL
The Women's Caucus of the South Carolina General Assembly is sponsoring a reception May 13, 1998, from 6:00-8:00 P.M. at the Governor's Mansion to commemorate the 60th Anniversary of the National Organization of Women Legislators.
The General Assembly and other special invited guests will be in attendance.
The following was received.
Document No. 2265
Promulgated By Department of Labor, Licensing and Regulation-Office of State Fire Marshal
Statutory Authority: 1976 Code Section 23-9-60
Fire Prevention and Life Safety-Buildings
Received By Speaker March 4, 1998
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Period Expiration Date July 2, 1998
(Subject to Sine Die Revision)
Medical, Military, Public and Municipal Affairs Committee Requested Withdrawal March 31, 1998
Permanently Withdrawn April 20, 1998
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 1138 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2238, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
On motion of Rep. RHOAD, with unanimous consent, the following was taken up for immediate consideration:
H. 5080 -- Rep. Rhoad: A HOUSE RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO OUTSTANDING HEAD BASKETBALL COACH THEODORE "CHAP" CHAPLIN, JR., OF DENMARK TECHNICAL COLLEGE ON REACHING ANOTHER PINNACLE AS COACH OF THE PANTHERS BY WINNING HIS FIVE HUNDREDTH GAME AND TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 29, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED.
Whereas, the members of the House of Representatives are very pleased to learn that Coach Theodore Chaplin, known affectionately as "Chap", recently won his five hundredth game as Head Coach of the Denmark Technical College "Panthers" Basketball Team; and
Whereas, Coach Chaplin is in his twenty-ninth stint at the helm of Denmark Technical College's basketball program and has an incredible record of 500-99; and
Whereas, this prestigious milestone includes three undefeated seasons and twenty straight winning seasons; and
Whereas, Coach Chaplin is known for his strict discipline and believes that building character is as important as building a topnotch athlete; and
Whereas, Coach Chaplin further establishes and continues his tradition of excellence through his dedication, talent, hard work, and excellent coaching of the Panthers; and
Whereas, Coach "Chap" Chaplin is a former high school standout and Voorhees college star. His jersey was retired by Voorhees College in 1968; and
Whereas, he was drafted by the then Baltimore Bullets in the sixth round of the NBA and by the Pittsburgh Pipers of the ABA; and
Whereas, Coach Chaplin's illustrious basketball career is a true testimony to his talent and consistent desire for excellence of each of his players; and
Whereas, we are proud of the role he has played in raising the profile of Denmark Technical College and the Palmetto State. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina hereby congratulate outstanding Head Basketball Coach Theodore "Chap" Chaplin, Jr., of Denmark Technical College on reaching another pinnacle as Coach of the Panthers by winning his five hundredth game and extend the privilege of the floor of the House of Representatives on Wednesday, April 29, 1998, at a time to be determined by the Speaker for the purpose of being recognized and congratulated.
Be it further resolved that a copy of this resolution be presented to Coach Theodore "Chap" Chaplin, Jr.
The Resolution was adopted.
On motion of Rep. YOUNG-BRICKELL, with unanimous consent, the following was taken up for immediate consideration:
H. 5081 -- Reps. Young-Brickell, Bailey, Chellis, Cobb-Hunter and Harrell: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE PINEWOOD PREPARATORY SCHOOL "PANTHERS" BOYS BASKETBALL TEAM OF DORCHESTER COUNTY FOR AN EXCEPTIONAL SEASON AND ON WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION'S (SCISA) 1997-98 AAA STATE CHAMPIONSHIP AND TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE TEAM, COACHES, AND SCHOOL OFFICIALS ON THURSDAY, MAY 7, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED.
Whereas, the members of the House of Representatives are proud to have the opportunity to recognize the Pinewood Preparatory School Panthers Boys Basketball Team on their successful 1997-98 season; and
Whereas, the Panthers defeated a very fine Hammond Academy of Columbia 71-67 to clinch the SCISA 1997-98 AAA State Championship; and
Whereas, this was the Panthers third state championship in six years; and
Whereas, Pinewood Prep opened its season on the road in Augusta, Georgia, with a 72-51 win over Augusta Christian. It proved to be a great win as Augusta Christian finished its season with only three losses and was the Georgia independent schools AAA state runner-up; and
Whereas, the team traveled to the coal mines of Harlan, Kentucky, and defeated Pineville High School 89-69 before losing to the host school Harlan High 76-68 in the championship game. It was truly an unforgettable experience to play a high school basketball game on a cold winter night in front of rabid fans deep in the mountains of Kentucky; and
Whereas, the next highlight came in the Rotary/Red Cross Tournament, a nationally acclaimed tournament held at the Citadel. The Panthers went 2-1 in the tourney and defeated Charlotte Latin and Burke High School of Charleston; and
Whereas, Pinewood Prep had a seventeen-game winning streak through the regular season and was the #1 seed going into the SCISA State Tournament; and
Whereas, in the state quarterfinals the Panthers defeated Wilson Hall of Sumter 87-68 to advance to the state semi-final. In the semi-final game, Pinewood defeated Orangeburg Prep 78-57 for the opportunity to play in the SCISA State Championship game; and
Whereas, the Panthers team includes: Sime Barbaric, Clinton Brown, Eric Cappell, Chuck Edison, Ryan Harrington, Kyle Kocak, Ryan Murphy, Austin Rhodes, Mark Watsky, Raleigh West, and Aaron Winter; and
Whereas, Head Coach Pat Eidson, along with Assistant Coaches Tim Yohe, Scott Schlesser, and Bobby Faulkner, are to be commended for their hard work and dedication by guiding the Panthers through a magnificent season; and
Whereas, Coach Eidson has had three state championships in the last six years at Pinewood Prep, six state championships in eighteen years of coaching, three hundred eighty-one wins in eighteen years, Region I AAA Coach of the Year, and High School Sports Report Independent Schools Coach of the Year; and
Whereas, these talented young men played hard to bring the victory banner home. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina do hereby extend their congratulations to the Pinewood Preparatory School "Panthers" Boys Basketball Team of Dorchester County for an exceptional season and on winning the South Carolina Independent School Association's (SCISA) 1997-98 AAA State Championship and extend the privilege of the floor of the House of Representatives to the team, coaches, and school officials on Thursday, May 7, 1998, at a time to be determined by the Speaker for the purpose of being recognized and congratulated.
Be it further resolved that a copy of this resolution be presented to Head Coach Pat Eidson and Headmaster Glyn Cowlishaw.
The Resolution was adopted.
On motion of Rep. TOWNSEND, with unanimous consent, the following was taken up for immediate consideration:
H. 5082 -- Rep. Townsend: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO MEMBERS OF THE T. L. HANNA HIGH SCHOOL NJROTC UNIT AND THEIR INSTRUCTORS ON TUESDAY, MAY 5, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING MEMBERS OF THE UNIT FOR THEIR OUTSTANDING ACADEMIC ACHIEVEMENTS.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to members of the T. L. Hanna High School NJROTC Unit and their instructors on Tuesday, May 5, 1998, at a time to be determined by the Speaker, for the purpose of recognizing members of the unit for their outstanding academic achievements.
The Resolution was adopted.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5083 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT OF 1997/SOUTH CAROLINA HIGHER EDUCATION MATCHING GIFT FUND, DESIGNATED AS REGULATION DOCUMENT NUMBER 2296, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 5084 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DRIVER TRAINING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2263, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 5085 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2226, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 5086 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO ASSISTING, DEVELOPING, AND EVALUATING PROFESSIONAL TEACHING (ADEPT), DESIGNATED AS REGULATION DOCUMENT NUMBER 2223, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 5097 -- Reps. Baxley, Neilson and J. Hines: A BILL TO AMEND SECTIONS 41-31-390, AS AMENDED, AND 41-31-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO WARRANTS OF EXECUTION FOR THE COLLECTION OF DEFAULT PAYMENTS OWED TO THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO LEVY UPON THE PROPERTY SECURING THE WARRANT FOR NONPAYMENT OF CONTRIBUTIONS, INTEREST, PENALTIES, ASSESSMENTS, AND COSTS AND TO CONTRACT WITH A COLLECTION AGENCY FOR THE PURPOSE OF COLLECTING DELINQUENT PAYMENTS, TO REQUIRE THE COMMISSION TO FILE A COPY OF THE EXECUTION WITH THE CLERK OF COURT IN THE COUNTIES IN WHICH THE DELINQUENT EMPLOYER DOES BUSINESS, AND TO PROVIDE THAT THE POWERS CONFERRED UPON THE DEPARTMENT OF REVENUE FOR THE COLLECTION OF UNPAID INCOME TAXES ARE CONFERRED UPON THE COMMISSION, MUTATIS MUTANDIS, FOR THE COLLECTION OF DELINQUENT PAYMENTS OWED TO THE COMMISSION.
Referred to Committee on Ways and Means.
S. 603 -- Senator McConnell: A BILL TO AMEND TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMUSEMENTS AND ATHLETIC CONTESTS, BY ADDING CHAPTER 22, SO AS TO PROVIDE FOR CERTAIN KAYAKING AND CANOEING LIABILITY IMMUNITY WHEREBY A KAYAKING OR CANOEING ACTIVITY SPONSOR OR A KAYAKING OR CANOEING PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT RESULTING FROM AN INHERENT RISK OF KAYAKING OR CANOEING ACTIVITY ABSENT SPECIFIED FACTORS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 757 -- Senators Ravenel and Mescher: A BILL TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS, BY ADDING SECTION 6-11-65, SO AS TO PROVIDE THAT ELECTORS OF A SPECIAL PURPOSE DISTRICT MAY PETITION FOR A REFERENDUM ON THE QUESTION OF WHETHER THE BOARD OF COMMISSIONERS OF THE SPECIAL PURPOSE DISTRICT SHOULD BE ELECTED, BY ADDING SECTION 6-11-66 TO PROVIDE THAT IN THOSE DISTRICTS WHICH ADOPT THE REFERENDUM THE COMMISSIONERS WILL BE ELECTED ON AN AT-LARGE BASIS IN A NON-PARTISAN ELECTION AT THE GENERAL ELECTION; AND TO AMEND SECTION 6-11-70 OF THE 1976 CODE, RELATING TO THE ELECTION OF BOARD MEMBERS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO ELECTIONS HELD PURSUANT TO THIS ACT.
Referred to Committee on Judiciary.
S. 1013 -- Senator Lander: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 SO AS TO ENACT THE SOUTHERN INTERSTATE DAIRY COMPACT ACT OF 1997, TO PROVIDE THAT THE GOVERNOR MAY EXECUTE AN INTERSTATE DAIRY COMPACT WITH THE DESIGNATED COMPACT STATES SO AS TO ADOPT THE SOUTHERN INTERSTATE DAIRY COMPACT, TO PROVIDE WHEN THE COMPACT BECOMES OPERATIVE AND EFFECTIVE, AND THAT WHEN THE COMPACT BECOMES EFFECTIVE, IT IS THE POLICY OF THIS STATE TO PERFORM AND CARRY OUT THE PROVISIONS OF THE COMPACT, TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE IS THE COMPACT ADMINISTRATOR FOR THIS STATE, TO PROVIDE FOR THE STATE'S DELEGATION TO THE SOUTHERN INTERSTATE DAIRY COMPACT COMMISSION, AND FOR MEMBERSHIP, APPOINTMENTS, TERMS, AND FILLING OF VACANCIES ON THE DELEGATION, TO PROVIDE FOR PER DIEM AND REIMBURSEMENT OF TRAVEL EXPENSES FOR MEMBERS OF THE DELEGATION, TO PROVIDE FOR FUNDING, FACILITIES, ASSISTANCE, AND ACCESS TO INFORMATION AND DATA FROM OTHER STATE OFFICERS, AGENCIES, AND EMPLOYEES, AND FROM PRIVATE PERSONS BY LAWFUL MEANS, TO ASSIST THE DELEGATION IN CARRYING OUT THE PURPOSES OF THE COMPACT, TO PROVIDE FOR THE ADOPTION OF RULES AND REGULATIONS AS NECESSARY TO CARRY OUT THE PURPOSES OF THE COMPACT AND THIS CHAPTER, INCLUDING PROVISIONS FOR THE REVOCATION OR FORFEITURE OF LICENSES, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE COMPACT, RELATED RULES AND REGULATIONS, OR THE PROVISIONS OF THIS CHAPTER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1157 -- Senators Leventis, Drummond, Ford, Waldrep, Giese and Ravenel: A BILL TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DIVISION OF PUBLIC CHARITIES OF THE OFFICE OF THE ATTORNEY GENERAL ARE DEVOLVED UPON THE SECRETARY OF STATE'S OFFICE ON AUGUST 1, 1998; TO TRANSFER ALL PERSONNEL, APPROPRIATIONS, AND FULL-TIME EQUIVALENT POSITIONS OF THE DIVISION OF PUBLIC CHARITIES TO THE SECRETARY OF STATE'S OFFICE ON AUGUST 1, 1998; TO PROVIDE THAT THE SECRETARY OF STATE SHALL ADMINISTER THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT"; TO AMEND SECTIONS 33-56-20, 33-56-30, 33-56-40, 33-56-50, 33-56-60, 33-56-70, 33-56-80, 33-56-90, 33-56-100, 33-56-110, 33-56-120, 33-56-130, 33-56-140, 33-56-150, 33-56-160, AND 33-56-190, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE SOLICITATION OF CHARITABLE FUNDS, SO AS TO DELETE REFERENCES TO THE ATTORNEY GENERAL AND REFLECT THE SECRETARY OF STATE AND HIS OFFICE AS THE OFFICIAL AGENCY TO ADMINISTER THE PROVISIONS OF THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT", AND TO ALLOW THE SECRETARY OF STATE TO RETAIN A PORTION OF ADMINISTRATIVE FINES TO OFFSET THE EXPENSES OF ENFORCEMENT.
Referred to Committee on Judiciary.
S. 1163 -- Senator Bryan: A BILL TO AMEND CHAPTER 9, TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ANNUAL JAIL AND PRISON INSPECTION REPORT AND ENFORCEMENT OF MINIMUM STANDARDS, SO AS TO REVISE THE LIST OF PERSONS WHO MUST RECEIVE COPIES OF REPORTS PREPARED BY THE JAIL AND PRISON INSPECTION DIVISION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1167 -- Senator Holland: A BILL TO AMEND TITLE 26, CODE OF THE LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 5, SO AS TO ENACT THE "SOUTH CAROLINA ELECTRONIC COMMERCE ACT" WHICH PROVIDES FOR THE LEGAL STATUS OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES, AND AUTHORIZES THE BUDGET AND CONTROL BOARD AND SECRETARY OF STATE TO PROMULGATE REGULATIONS RELATED TO ELECTRONIC COMMERCE.
Referred to Committee on Labor, Commerce and Industry.
S. 1200 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO NONINDIGENOUS SHRIMP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2229, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1209 -- Senators Giese and Holland: A BILL TO AMEND ACT 784 OF 1964, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE LUGOFF WATER DISTRICT OF KERSHAW COUNTY, SO AS TO FURTHER PROVIDE FOR THE EXTENSION OF ITS SYSTEM.
On motion of Rep. SHEHEEN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
On motion of Rep. CAVE, with unanimous consent, the following was taken up for immediate consideration:
H. 5087 -- Reps. Cave, Rhoad, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, 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, Knotts, Koon, 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, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE COACHES AND MEMBERS OF THE SOUTH CAROLINA BOYS HIGH SCHOOL BASKETBALL ALL-STARS ON THE OCCASION OF THEIR WINNING THE INAUGURAL CAROLINAS CLASSIC BOYS HIGH SCHOOL ALL-STAR BASKETBALL GAME PLAYED AT ROCK HILL, ON MARCH 29, 1998.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. CAVE, with unanimous consent, the following was taken up for immediate consideration:
H. 5088 -- Reps. Cave, Rhoad, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, 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, Knotts, Koon, 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, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE COACHES AND MEMBERS OF THE SOUTH CAROLINA GIRLS HIGH SCHOOL BASKETBALL ALL-STARS ON THE OCCASION OF THEIR WINNING THE INAUGURAL CAROLINAS CLASSIC GIRLS HIGH SCHOOL ALL-STAR BASKETBALL GAME PLAYED AT ROCK HILL ON MARCH 29, 1998.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. CAVE, with unanimous consent, the following was taken up for immediate consideration:
H. 5089 -- Reps. Cave and Rhoad: A HOUSE RESOLUTION TO CONGRATULATE MRS. BRENDA NETTLES OF BLACKVILLE, SOUTH CAROLINA, A MIDDLE SCHOOL MATH/SCIENCE TEACHER AT BLACKVILLE MIDDLE SCHOOL IN BARNWELL COUNTY SCHOOL DISTRICT 19, UPON BEING NAMED 1998 RECIPIENT OF THE CENTRAL SAVANNAH RIVER AREA CHAPTER OF SIGMA XI MIDDLE SCHOOL MATH/SCIENCE TEACHER OF THE YEAR.
The Resolution was adopted.
The following was introduced:
H. 5090 -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION TO CONGRATULATE CLIFFORD "CHIP" ATKINS, BARNWELL HIGH SCHOOL BOYS BASKETBALL COACH, ON HIS MANY OUTSTANDING ACHIEVEMENTS DURING HIS MORE THAN THIRTY-YEAR CAREER AS A HIGH SCHOOL BASKETBALL COACH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5091 -- Reps. Cave and Rhoad: A HOUSE RESOLUTION TO COMMEND MR. WILLIAM ANDREW SANDIFER, PRINCIPAL OF MACEDONIA ELEMENTARY SCHOOL IN BARNWELL COUNTY, FOR HIS MANY YEARS OF SERVICE TO PUBLIC EDUCATION IN BARNWELL COUNTY AND THE STATE OF SOUTH CAROLINA AS A TEACHER AND ADMINISTRATOR.
The Resolution was adopted.
On motion of Rep. LEE, with unanimous consent, the following was taken up for immediate consideration:
H. 5092 -- Reps. Lee and D. Smith: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO ANTHONY SIMMONS, CLEMSON UNIVERSITY ALL-AMERICA LINEBACKER FROM SPARTANBURG COUNTY, ON A DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR HIS ACCOMPLISHMENTS IN COLLEGE FOOTBALL AND CONGRATULATED UPON HIS RECENT FIRST ROUND SELECTION TO PLAY FOR THE SEATTLE SEAHAWKS OF THE NATIONAL FOOTBALL LEAGUE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to Anthony Simmons, Clemson University All-America linebacker from Spartanburg County, on a date and at a time to be determined by the Speaker, for the purpose of being recognized for his accomplishments in college football and congratulated upon his recent first round selection to play for the Seattle Seahawks of the National Football League.
The Resolution was adopted.
The following was introduced:
H. 5093 -- Reps. Lee and D. Smith: A CONCURRENT RESOLUTION CONGRATULATING CLEMSON UNIVERSITY ALL-AMERICA LINEBACKER ANTHONY SIMMONS OF SPARTANBURG COUNTY ON BEING SELECTED ON THE FIRST DAY OF THE FIRST ROUND OF THE 1998 NATIONAL FOOTBALL LEAGUE (NFL) DRAFT TO PLAY FOR THE SEATTLE SEAHAWKS, AND WISHING HIM GREAT SUCCESS AS AN NFL PLAYER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. RHOAD, with unanimous consent, the following was taken up for immediate consideration:
H. 5094 -- Reps. Rhoad and Cave: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE ANDREW JACKSON ACADEMY FOOTBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING COACH HALLMAN EUGENE SEASE, JR., FOR BEING NAMED THE SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION CLASS A EIGHT-MAN COACH OF THE YEAR AND TO RECOGNIZE AND CONGRATULATE THE TEAM ON WINNING THE STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Andrew Jackson Academy football team, coaches, and other school officials on a date and at a time to be determined by the Speaker, for the purpose of recognizing Coach Hallman Eugene Sease, Jr., for being named the South Carolina Independent School Athletic Association Class A Eight-Man Coach of the Year and to recognize and congratulate the team on winning the State championship.
The Resolution was adopted.
The following was introduced:
H. 5095 -- Reps. Rhoad and Cave: A HOUSE RESOLUTION TO CONGRATULATE COACH HALLMAN EUGENE SEASE, JR., FOR LEADING THE ANDREW JACKSON ACADEMY "CONFEDERATES" FOOTBALL TEAM TO THE THIRD STRAIGHT SCISAA CLASS A EIGHT-MAN FOOTBALL STATE CHAMPIONSHIP AND FOR HIS BEING NAMED COACH OF THE YEAR.
The Resolution was adopted.
On motion of Rep. J. BROWN, with unanimous consent, the following was taken up for immediate consideration:
H. 5096 -- Reps. J. Brown, Scott, Howard, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, 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, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO DECLARE MAY 1998 AS "TEENAGE PREGNANCY PREVENTION AWARENESS MONTH".
Whereas, teenage pregnancy has significant consequences on the health, economic, and educational future for teenagers and the people of South Carolina; and
Whereas, teenage parents often are unable to complete their education, which leads to unemployment, underemployment, and dependence on public welfare; and
Whereas, the cycle of poverty can be perpetuated from generation to generation; and
Whereas, the major responsibility of parenting alters a generation of young women and renders them the primary caretakers of families; and
Whereas, teenage mothers often seek late prenatal care, frequently suffering higher than average levels of toxemia, anemia, cervical trauma, premature delivery, and low birth weight babies; and
Whereas, it is essential to build public awareness of these issues so that programs and strategies that prevent teenage pregnancy and decrease the problems associated with teenage pregnancy in South Carolina can be developed and improved. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, declare May 1998 as "Teenage Pregnancy Prevention Awareness Month" and urge all citizens to educate themselves on the consequences of teen pregnancy in this State.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5098 -- Reps. Byrd, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, 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, Knotts, Koon, 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, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING THE BENEDICT COLLEGE "TIGERS" MEN'S BASKETBALL TEAM AND COACH WILLIE WASHINGTON FOR WINNING THE EASTERN INTERCOLLEGIATE ATHLETIC CONFERENCE TITLE FOR THE NINTH STRAIGHT YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
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. Byrd Campsen Canty Carnell Cato Cave Chellis Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Emory Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, M. Hinson Howard Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Mullen Neal Neilson Phillips Rhoad Rice Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, April 28.
Jesse E. Hines Gilda Cobb-Hunter Bessie Moody-Lawrence Doug Smith Harry R. Askins Clementa C. Pinckney Curtis B. Inabinett Fletcher Nathaniel Smith, Jr. Theodore A. Brown Jackson S. Whipper Richard M. Quinn, Jr.
LEAVE OF ABSENCE
The SPEAKER granted Rep. RODGERS a leave of absence for the day due to illness.
Announcement was made that Dr. David Fisher of Columbia is the Doctor of the Day for the General Assembly.
Rep. WEBB presented to the House Coach Larry Penley on winning the 1998 ACC Golf Championship, Coach Bob Pollack on winning the 1998 ACC Men's Track and Cross Country Championships and Coach Larry Shyatt, new Clemson Basketball Coach, all of Clemson University.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3569
DATE REMOVE:
4/28/98 Michael S. Whatley
Bill Number: H. 3569
DATE ADD:
4/28/98 J.M. Knotts, Jr.
Bill Number: H. 4682
DATE ADD:
4/28/98 Thomas M. Dantzler
4/28/98 Michael S. Whatley
4/28/98 Shirley R. Hinson
Bill Number: H. 3826
DATE ADD:
4/28/98 J.M. Knotts, Jr.
Bill Number: H. 4959
DATE ADD:
4/28/98 J.M. Knotts, Jr.
The following Bill was taken up.
H. 4645 -- Reps. Klauber, Young, Jennings, Scott, Mullen, Beck, Maddox, Miller and Hawkins: A BILL TO AMEND SECTION 61-6-1500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON RETAIL ALCOHOLIC LIQUOR DEALERS, SO AS TO REVISE THE SIZE OF CONTAINERS CONTAINING ALCOHOLIC LIQUORS WHICH A RETAIL DEALER IS PERMITTED TO OWN OR KEEP IN HIS POSSESSION.
Rep. KLAUBER moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following Bill was taken up.
H. 4446 -- Reps. Gamble and Knotts: A BILL TO AMEND SECTION 34-3-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COPIES AND REPRODUCTIONS OF BANKING OR EDUCATIONAL LOAN RECORDS AND THEIR ADMISSIBILITY INTO EVIDENCE, SO AS TO PROVIDE FOR THE ADMISSIBILITY OF A REPRODUCTION IF THE ORIGINAL WOULD HAVE BEEN A BUSINESS RECORD FOR PURPOSES OF ADMISSIBILITY OR IF A WITNESS ATTESTS THAT THE REPRODUCTION IS A TRUE AND CORRECT COPY OF THE ORIGINAL.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21472MM.98), which was adopted.
Amend the bill, as and if amended, in Section 34-3-540(B), as contained in SECTION 1, by striking the subsection in its entirety and inserting:
/(B) These processes or means must correctly copy, reproduce, or form a medium for copying or reproducing the original record so that an accurate facsimile of the original can be printed or otherwise reproduced on paper, film, or similar medium. The printed reproduction is considered an original record for all purposes and must be treated as an original record in all courts or administrative agencies for the purpose of its
admissibility into evidence, regardless of whether the institution retains or disposes of the original, provided that:(1) the original document otherwise qualified as a business record pursuant to the South Carolina Uniform Business Records as Evidence Act or the appropriate state or federal rules of evidence; and
(2) a custodian or other qualified witness as those terms are used in the appropriate state or federal rules of evidence certifies that the printed reproduction is a true and correct copy of the original."
Renumber sections to conform.
Amend totals and title to conform.
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. WILDER moved to adjourn debate upon the following Bill until Wednesday, April 29, which was adopted.
S. 963 -- Senators J. Verne Smith, Alexander, Branton, Courson, Elliott, Fair, Giese, Glover, Hayes, Holland, Hutto, Jackson, Land, Lander, Matthews, Mescher, Moore, O'Dell, Passailaigue, Patterson, Ravenel, Reese, Short and Leventis: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO DELETE KIDNEY DISEASE TREATMENT CENTERS AND HEMODIALYSIS CENTERS FROM THE DEFINITION OF "HEALTH CARE FACILITY"; AND TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, SO AS TO EXEMPT KIDNEY DISEASE TREATMENT CENTERS.
The following Bill was taken up.
H. 3685 -- Reps. Cato and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-15-15 SO AS TO MAKE UNLAWFUL CERTAIN TRADE AND COMMERCIAL PRACTICES WITH REGARD TO THE LABELING OF A PRODUCT AS "PEAT" AND TO PROVIDE PENALTIES.
Rep. GAMBLE explained the Bill.
Rep. LIMEHOUSE spoke in favor of the Bill.
The Bill was read the second time and ordered to third reading.
Rep. ALTMAN moved to adjourn debate upon the following Bill until Wednesday, April 29, which was adopted.
S. 893 -- Senators Lander and Reese: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 54, SO AS TO CREATE THE ASSISTIVE TECHNOLOGY WARRANTY ACT.
Rep. ALTMAN moved to adjourn debate upon the following Bill until Wednesday, April 29, which was adopted.
S. 442 -- Senator Leatherman: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR PAYMENT BY CREDIT CARD, SUBJECT TO APPROVAL AND IMPOSITION OF A VOLUNTARY AND NONREFUNDABLE SURCHARGE BY THE COUNTY GOVERNING BODY.
The following Bill was taken up.
H. 4975 -- Reps. Young and Askins: A BILL TO AMEND SECTION 4-23-880, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKING WITHIN FIVE HUNDRED FEET OF A PLACE WHERE FIRE APPARATUS IS STOPPED AND SECTION 56-5-1960 RELATING TO FOLLOWING A FIRE APPARATUS CLOSER THAN FIVE HUNDRED FEET, SO AS TO PROVIDE THAT THE FIRE APPARATUS MAY BE RESPONDING TO AN EMERGENCY RATHER THAN ONLY TO A FIRE ALARM.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4934MM.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 4-23-880 of the 1976 Code is amended to read:
"Section 4-23-880. It is unlawful in the fire district to park within five hundred feet of a place where fire apparatus or an emergency vehicle is stopped in answer to a fire alarm nor shall anyone an emergency and no person shall cause any highway, road, either public or private, in such the area of fire apparatus or emergency vehicles to be blocked by his vehicle in such a manner that fire apparatus or emergency vehicles will be hindered from reaching the scene of the fire emergency. It is also unlawful to drive a vehicle over any unprotected hose of a fire department without the consent of the fire department official in command on any street, road, or private driveway when such the hose is being used for fire fighting without consent of the fire department official in command. Any A person who violates the provisions of this section is deemed guilty of a misdemeanor and, upon conviction, must be fined not less than ten dollars nor or more than one hundred dollars."
SECTION 2. Section 56-5-1960 of the 1976 Code is amended to read:
"Section 56-5-1960. The driver of any vehicle other than one on official business shall not follow any fire apparatus or emergency vehicle traveling in response to a fire alarm an emergency closer than five hundred feet or stop such vehicle within five hundred feet of any fire apparatus or emergency vehicle stopped in answer to a fire alarm an emergency."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. BAILEY explained the amendment.
The amendment was then adopted.
Rep. BAILEY proposed the following Amendment No. 2, which was adopted.
Amend the bill, as and if amended, Section 56-5-1960, by striking the section and inserting the following:
"Section 56-5-1960. The driver of any vehicle other than one on official business shall not follow any fire apparatus or emergency vehicle traveling in response to an emergency closer than five hundred feet or to stop such vehicle within five hundred feet of any fire apparatus or emergency vehicle stopped in answer to a fire alarm an emergency.
Rep. BAILEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 5065 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO REPORTING INSURANCE POLICIES WITH EFFECTIVE DATES ON OR AFTER JULY 1, 1989, EXAMINATION OF CLAIM FILES, ADMISSION OF EXPERT'S REPORT AS EVIDENCE, POSTPONEMENT OR ADJOURNMENT OF A HEARING, INFORMAL CONFERENCE, SELF-INSURANCE APPLICATION, FINANCIAL ANALYSIS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2258, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LAW explained the Joint Resolution.
The following Bill was taken up.
H. 4805 -- 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, Harrell and Robinson: 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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15585AC.98), which was adopted.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/SECTION 1. Article 7, Chapter 3 of Title 23 of the 1976 Code is amended to read:
Section 23-3-400. The intent of this article is to promote the state's fundamental right to provide for the public health, welfare, and safety of its citizens. Notwithstanding this legitimate state purpose, these provisions are not intended to violate the guaranteed constitutional rights of those who have violated our nation's laws.
The sex offender registry will provide law enforcement with the tools needed in investigating criminal offenses. Statistics show that sex offenders often pose a high risk of re-offending. Additionally, law enforcement's efforts to protect communities, conduct investigations, and apprehend offenders who commit sex offenses, are impaired by the lack of information about these convicted offenders who live within the law enforcement agency's jurisdiction.
Section 23-3-410. The registry is under the direction of the chief of the State Law Enforcement Division (SLED) and shall contain information the chief considers necessary to assist law enforcement in the location of persons convicted of certain offenses. SLED shall develop and operate the registry to collect, analyze, and maintain information, to make information available to every enforcement agency in this State and in other states, and to establish a security system to ensure that only authorized persons may gain access to information gathered under this article.
Section 23-3-420. The State Law Enforcement Division shall promulgate regulations to implement the provisions of this article.
Section 23-3-430. (A) Any person, regardless of age, residing in the State of South Carolina who in this State has been convicted of, adjudicated delinquent for, pled guilty or nolo contendere to in this State of an offense described below, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in any comparable court in the United States, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in the United States federal courts of a similar offense, or who has been convicted of, adjudicated delinquent of for, pled guilty or nolo contendere to an offense for which the person was required to register in the state where the conviction or plea occurred shall be required to register pursuant to the provisions of this article.
(B) For purposes of this article, a person who remains in this State for a total of thirty days during a twelve-month period is a resident of this State.
(C) For purposes of this article, a person who has been convicted of, pled guilty or nolo contendere to, or been adjudicated delinquent for any of the following offenses shall be referred to as an offender:
(1) criminal sexual conduct in the first degree (Section 16-3-652);
(2) criminal sexual conduct in the second degree (Section 16-3-653);
(3) criminal sexual conduct in the third degree (Section 16-3-654);
(4) criminal sexual conduct with minors, first degree (Section 16-3-655(1));
(5) criminal sexual conduct with minors, second degree (Section 16-3-655(2) and (3). If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(3), or consensual sexual conduct between persons under the age of sixteen, the convicted person is not an offender and is not required to register pursuant to the provisions of this article;
(6) engaging a child for sexual performance (Section 16-3-810);
(7) producing, directing, or promoting sexual performance by a child (Section 16-3-820);
(8) criminal sexual conduct: assaults with intent to commit (Section 16-3-656);
(9) incest (Section 16-15-20);
(10) buggery (Section 16-15-120);
(11) committing or attempting lewd act upon child under fourteen sixteen (Section 16-15-140);
(12) eavesdropping or peeping (Section 16-17-470);
(13) violations of Article 3, Chapter 15 of Title 16 involving a minor which violations are felonies;
(14) A person, regardless of age, who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in this State, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in a comparable court in the United States, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in the United States federal courts of indecent exposure or of a similar offense in other jurisdictions is required to register pursuant to the provisions of this article if the court makes a specific finding on the record that based on the circumstances of the case the convicted person should register as a sex offender.
(15) kidnaping (Section 16-3-910) except when the court makes a finding on the record that the offense did not include a criminal sexual offense.
(D) Upon conviction, adjudication of delinquency, guilty plea, or plea of nolo contendere of a person of an offense not listed in this article, the presiding judge may order as a condition of sentencing that the person be included in the sex offender registry if good cause is shown by the solicitor.
Section 23-3-440. (1) Prior to an offender's release from the Department of Corrections after completion of the term of imprisonment, or being placed on parole, the Department of Corrections or the Department of Probation, Parole, and Pardon Services, as applicable, shall notify the sheriff of the county where the offender intends to reside and SLED that the offender is being released and has provided an address within the jurisdiction of the sheriff for that county. The Department of Corrections shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside within twenty-four hours of his release. Further, the Department of Corrections shall obtain descriptive information of the offender, including a current photograph prior to release.
(2) The Department of Probation, Parole, and Pardon Services shall notify SLED and the sheriff of the county where an offender is residing when the offender is sentenced to probation or is a new resident of the State who must be supervised by the department. The Department of Probation, Parole, and Pardon Services also shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside. An offender who is sentenced to probation must register within ten days of sentencing. Further, the Department of Probation, Parole, and Pardon Services shall obtain descriptive information of the offender, including a current photograph that is to be updated annually prior to expiration of the probation sentence.
(3) The Department of Juvenile Justice shall notify SLED and the sheriff of the county where an offender is residing when the offender is released from a Department of Juvenile Justice facility or when the Department of Juvenile Justice is required to supervise the actions of the juvenile. The Department of Juvenile Justice must provide verbal and written notification to the juvenile and his parent, legal guardian, or custodian that the juvenile must register with the sheriff of the county in which the juvenile resides. The juvenile must register within twenty-four hours of his release or within ten days if he was not confined to a Department of Juvenile Justice's facility.
(4) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, and the Department of Juvenile Justice shall provide to SLED the initial registry information regarding the offender prior to his release from imprisonment or relief of supervision. This information shall be collected in the event the offender fails to register with his county sheriff.
Section 23-3-450. The offender shall register with the sheriff of the county in which he resides. To register, the offender must provide information as prescribed by SLED. The county sheriff shall then forward to SLED the registry information and any updated information regarding the offender. The sheriff in the county in which the offender resides shall forward all required registration information to SLED within five business days. A copy of this information must be kept by the sheriff's department. The county sheriff shall ensure that all information required by SLED is secured and shall establish specific times of the day during which an offender may register. An offender shall not be considered to have registered until all information prescribed by SLED has been obtained provided to the sheriff.
Section 23-3-460. Any person required to register under this article shall be required to register annually for a period of life. The offender shall register at the sheriff's department in the county where he resides. A person determined by a court to be a sexually violent predator pursuant to state law is required to verify registration and be photographed every ninety days by the sheriff's department in the county in which he resides unless the person is committed to the custody of the State whereby verification is in abeyance until release.
If any person required to register under this article changes his address within the same county, that person must send written notice of the change of address to the county sheriff within ten days of establishing the new residence.
If any person required to register under this article changes his address into another county in South Carolina, the person must register with the county sheriff in the new county within ten days of establishing the new residence. The person must also provide written notice within ten days of the change of address in the previous county to the county sheriff with whom the person last registered.
If any person required to register under this article moves outside of South Carolina, the person must provide written notice within ten days of the change of address to a new state to the county sheriff with whom the person last registered.
Any person required to register under this article who moves to South Carolina from another state and is not under the jurisdiction of the Department of Corrections, the Department of Probation, Parole, and Pardon Services, or the Department of Juvenile Justice at the time of moving to South Carolina, must register within sixty ten days of establishing residence in this State.
The sheriff must forward all changes to any information provided by a person required to register under this article to SLED within five business days.
The South Carolina Department of Public Safety, Division of Motor Vehicles, shall inform, in writing, any new resident who applies for a driver's license, a chauffeur's license, vehicle tag, or a state identification card of the obligation of those sex offenders to register. The department also shall inform, in writing, a person renewing a driver's license, chauffeur's license, vehicle tag, or state identification card of the requirement for sex offenders to register.
Section 23-3-470. (A) It is the duty of the offender to contact the sheriff in order to register. If an offender fails to register as required by this article, he must be punished as provided in subsection (B).
(B)(1) A person convicted for a first offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of ninety days, no part of which shall be suspended nor probation granted.
(2) A person convicted for a second offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of one year, no part of which shall be suspended nor probation granted.
(3) A person convicted for a third or subsequent offense is guilty of a felony and must be imprisoned for a mandatory period of five years, three years of which shall not be suspended nor probation granted.
Section 23-3-475. (A) Anyone who knowingly and wilfully gives false information when registering as an offender pursuant to this article must be punished as provided in subsection (B).
(B)(1) A person convicted for a first offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of ninety days, no part of which shall be suspended nor probation granted.
(2) A person convicted for a second offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of one year, no part of which shall be suspended nor probation granted.
(3) A person convicted for a third or subsequent offense is guilty of a felony and must be imprisoned for a mandatory period of five years, three years of which shall not be suspended nor probation granted.
Section 23-3-480. (A) An arrest on charges of failure to register, service of an information or complaint for failure to register, or arraignment on charges of failure to register, constitutes actual notice of the duty to register. A person charged with the crime of failure to register who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice through arrest, service, or arraignment. Failure to register after notice as required by this article constitutes grounds for filing another charge of failure to register. Registering following arrest, service, or arraignment on charges does not relieve the offender from the criminal penalty for failure to register before the filing of the original charge.
(B) Section 23-3-470 shall not apply to a person convicted of an offense provided in Section 23-3-420 23-3-430 prior to July 1, 1994, and who was released from custody prior to July 1, 1994, unless the person has been served notice of the duty to register by the sheriff of the county in which the person resides. This person shall register within ten days of the notification of the duty to register.
Section 23-3-490. (A) Information collected for the offender registry is open to public inspection, upon request to the county sheriff. A sheriff must release information regarding a specific person who is or persons required to register under this article to a member of the public if the request is made in writing, stating the name of the person requesting the information, and the name or address of the person or persons about whom the information is sought. The information must be disclosed only to the person making the request. The sheriff must provide the person making the request with the full name names of the requested registered sex offender offenders, any aliases, any other identifying physical characteristics, the each offender's date of birth, a current home address, the offense for which the offender was required to register pursuant to Section 23-3-430, and the date, city, and state of conviction. A photocopy of a current photograph must also be provided. The provisions of this article do not authorize SLED to release information to the public unless a request is made in writing stating the name of the person making the request and the name of the person about whom information is sought. SLED is only authorized to release to the public the name of the county in which the offender is registered. Otherwise, SLED is not authorized to release any information contained in the registry to anyone other than law enforcement agencies, investigative agencies, and those agencies authorized by the court.
(B) A person may request on a form prescribed by SLED a list of registered sex offenders residing in a city, county, or zip code zone or a list of all registered sex offenders within the State from SLED. A person may request information regarding a specific person who is required to register under this article from SLED if the person requesting the information provides the name or address of the person about whom the information is sought. SLED shall provide the person making the request with the full names of the requested registered sex offenders, any aliases, any other physical identifying characteristics, each offender's date of birth, a current home address, the offense for which the offender was required to register pursuant to Section 23-3-430, and the date, city, and state of conviction. The State Law Enforcement Division may charge a reasonable fee to cover the cost of copying and distributing sex offender registry lists as provided for in this section. These funds must be used for the sole purpose of offsetting the cost of providing sex offender registry lists.
(B)(C) Nothing in subsection (A) prohibits a sheriff from disseminating information contained in that subsection regarding a specific person who is required to register under this article if the sheriff or another law enforcement officer is presented with facts giving rise to a reasonable suspicion of criminal activity and has reason to believe the release of this information will deter the criminal activity.
(C)(D) For purposes of this article, information on a juvenile adjudicated delinquent in family court for an offense listed in Section 23-3-430 must not be made available to the public in accordance with the following provisions:
(1) If a person has been adjudicated delinquent for committing any of the following offenses, information must be made available to the public pursuant to subsections (A) and (B):
(a) criminal sexual conduct in the first degree (Section 16-3-652);
(b) criminal sexual conduct in the second degree (Section 16-3-653);
(c) criminal sexual conduct with minors, first degree (Section 16-3-655(1));
(d) criminal sexual conduct with minors, second degree; (Section 16-3-655(2) and (3);
(e) engaging a child for sexual performance (Section 16-3-810);
(f) producing, directing, or promoting sexual performance by a child (Section 16-3-820); or
(g) kidnapping (Section 16-3-910).
(2) Information shall only be made available, upon request, to victims of or witnesses to the offense, public or private schools, child day care centers, family day care centers, businesses or organizations that primarily serve children, women, or vulnerable adults, as defined in Section 43-35-10(11), for persons adjudicated delinquent for committing the following offenses:
(a) criminal sexual conduct in the third degree (Section 16-3-654);
(b) criminal sexual conduct: assaults with intent to commit (Section 16-3-656);
(c) criminal sexual conduct with a minor: assaults with intent to commit (Section 16-3-656);
(d) committing or attempting lewd act upon child under sixteen (Section 16-15-140); or
(e) peeping (Section 16-17-470);
(f) incest (Section 16-15-20);
(g) buggery (section 16-15-120);
(h) violations of Article 3, Chapter 15 of Title 16 involving a minor, which violations are felonies; or
(i) indecent exposure.
(3) Nothing in this section shall prohibit the dissemination of all registry information to law enforcement.
(E) For purposes of this section, use of computerized or electronic transmission of data or other electronic or similar means is permitted.
Section 23-3-495. A person who commits a criminal offense using information from the sex offender registry disclosed to him pursuant to Section 23-3-490, upon conviction, must be punished as follows:
(A) For a misdemeanor offense, the maximum fine prescribed by law for the offense may be increased by not more than one thousand dollars and the maximum term of imprisonment prescribed by law for the offense may be increased by not more than six months.
(B) For a felony offense, the maximum term of imprisonment prescribed by law for the offense may be increased by not more than five years.
Section 23-3-500. (A) An appointed or elected public official, public employee, or public agency is immune from civil liability for damages for any act or omission under this article, unless gross negligence exists.
(B) No real estate licensee shall be subject to any civil or criminal liability for failure to disclose to any member of the general public any information pursuant to this article, unless gross negligence exists.
(C) Nothing in this section implies that information regarding persons designated in this article is confidential except as may otherwise be provided by law."
SECTION 2. Section 20-7-8510 of the 1976 Code is amended by adding:
"(F) The provisions of this section do not prohibit the distribution of information pursuant to the provisions of Article 7, Chapter 3 of Title 23."
SECTION 3. If any section, paragraph, provision, or portion of this act is held to be unconstitutional or invalid by a court of competent jurisdiction, this holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declares that the provisions of this act are severable from each other.
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. ALTMAN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4971 -- Reps. Wilkins, Harrison and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-645 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE NOTICE OF CERTAIN HEARINGS TO FOSTER PARENTS, PREADOPTIVE PARENTS, AND RELATIVES PROVIDING CARE OF A CHILD; BY ADDING SECTION 20-7-763 SO AS TO CLARIFY WHAT IS REQUIRED OF THE DEPARTMENT OF SOCIAL SERVICES WHEN IT MUST MAKE "REASONABLE EFFORTS" IN WORKING WITH FAMILIES AND CHILDREN AND TO FURTHER AUTHORIZE THE FAMILY COURT TO MAKE DETERMINATIONS AS TO WHEN REASONABLE EFFORTS MAY BE REQUIRED AND WHEN THEY MAY BE TERMINATED OR DISPENSED WITH; BY ADDING SECTION 20-7-768 SO AS TO PROVIDE CONDITIONS UNDER WHICH THE DEPARTMENT SHALL INITIATE, OR JOIN IN A PROCEEDING FOR, TERMINATION OF PARENTAL RIGHTS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING, SO AS TO INCLUDE IN THE FINDINGS REQUIRED WHEN A CHILD IS NOT RETURNED TO THE PARENTS THE STEPS THE DEPARTMENT HAS TAKEN TO PROMOTE AND EXPEDITE THE ADOPTIVE PLACEMENT OF THE CHILD; TO AMEND SECTION 20-7-1642, AS AMENDED, RELATING TO PERSONS WITH WHOM A CHILD MAY NOT BE PLACED FOR FOSTER CARE, SO AS TO REVISE THE CRIMINAL OFFENSES THAT ARE PROHIBITED AND TO CLARIFY THAT A CHILD IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES INCLUDES A CHILD IN THE CUSTODY OF AN AGENCY LICENSED OR REGISTERED BY THE DEPARTMENT; TO AMEND SECTION 20-7-1670, AS AMENDED, RELATING TO PERSONS WHO MAY PETITION FOR ADOPTION OF A CHILD, SO AS TO PROVIDE EXCEPTIONS AND TO PROVIDE FOR A HEARING IF THE DEPARTMENT VIOLATES THIS SECTION; AND TO AMEND SECTION 20-7-1895 RELATING TO THE STATEWIDE ADOPTION EXCHANGE, SO AS TO DELETE THE PROVISION THAT ONLY A "SPECIAL NEEDS CHILD" MAY BE REFERRED TO A REGIONAL OR NATIONAL ADOPTION EXCHANGE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7389AC.98), which was adopted.
Amend the bill, as and if amended, Section 20-7-763(C), page 3, by deleting items (2)-(7) and inserting:
/(2) the parent has been convicted of or pled guilty or nolo contendere to murder of another child of the parent in an act which would have been an offense under Section 1111(a) of Title 18, United States Code, if the offense had occurred in the special maritime or territorial jurisdiction of the United States;
(3) the parent has been convicted of or pled guilty or nolo contendere to voluntary manslaughter of another child of the parent in an act which would have been an offense under Section 1112(a) of Title 18, United States Code, if the offense had occurred in the special maritime or territorial jurisdiction of the United States;
(4) the parent has been convicted or pled guilty or nolo contendere to aiding, abetting, attempting, soliciting, or conspiring to commit murder or voluntary manslaughter pursuant to item (1), (2), or (3);
(5) Physical abuse of a child of the parent resulted in the death or admission to the hospital for in-patient care of that child and the abuse is the act for which the parent has been convicted of or pled guilty or nolo contendere to committing, aiding, abetting, conspiring to commit, or soliciting an offense against the person as provided for in Title 16, Chapter 3, criminal domestic violence as defined in Section 16-25-20, criminal domestic violence of a high and aggravated nature as defined in Section 16-25-65, or the common law offense of assault and battery of a high and aggravated nature;
(6) the parental rights of the parent to a sibling of the child have been terminated involuntarily;
(7) other circumstances exist that the court finds make continuation or implementation of reasonable efforts inconsistent with the permanent plan for the child./
Amend the bill further, Section 20-7-768(C), page 4, by deleting items (1) and (2) and inserting:
/(1) to a child for whom the family court has found that initiation of termination of parental rights is not in the best interests of the child, after applying the criteria of Section 20-7-766(C), (E), or (F) to select a permanent plan for the child from Section 20-7-766(C), (E),or (F), and that this finding and permanent plan constitute a compelling reason for not initiating termination of parental rights;
(2) if the family court finds that the department has not afforded services to the parents provided for in the treatment plan approved pursuant to Section 20-7-764 in a manner that was consistent with the time periods in the plan, or that court hearings have been delayed in such a way as to interfere with the initiation, delivery, or completion of services, but only if:
(a) the parent did not delay the court proceedings without cause or delay or refuse the services;
(b) successful completion of the services in question may allow the child to be returned as provided for in Section 20-7-766(C) within the extension period; and
(c) the case is not one for which the court has made a determination that reasonable efforts are not necessary pursuant to Section 20-7-763./
Amend the bill further by deleting SECTION 5 of the bill and inserting:
/SECTION 5. Section 20-7-1642 of the 1976 Code, as last amended by Act 22 of 1997, is further amended to read:
"Section 20-7-1642. (A) No child may be placed in foster care with a person:
(1) with a substantiated history of child abuse or neglect; or
(2) who has pled guilty or nolo contendere to or who has been convicted of:
(a) an 'Offense Against the Person' as provided for in Chapter 3, Title 16;
(b) an 'Offense Against Morality or Decency' as provided for in Chapter 15, Title 16;
(c) contributing to the delinquency of a minor as provided for in Section 16-17-490;
(d) the common law offense of assault and battery of a high and aggravated nature when the victim was a person seventeen years of age or younger;
(e) criminal domestic violence, as defined in Section 16-25-20; or
(f) criminal domestic violence of a high and aggravated nature, as defined in Section 16-25-65.;
(g) a felony drug-related offense under the laws of this State.
(B) A person who has been convicted of a criminal offense similar in nature to a crime enumerated in subsection (A) when the crime was committed in another jurisdiction or under federal law is subject to the restrictions set out in this section."/
Amend the bill further by deleting SECTION 8 and inserting:
/SECTION 8. Section 20-7-736(B) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"(B) Upon investigation of a report received under Section 20-7-650 or at any time during the delivery of services by the department, the department may petition the family court to remove the child from custody of the parent, guardian, or other person legally responsible for the child's welfare if the department determines by a preponderance of evidence that the child is an abused or neglected child and that the child cannot be protected from unreasonable risk of harm affecting the child's life, physical health or safety, or mental well-being without removal safely maintained in the home without removal safely maintained in the home without removal. If a noncustodial parent is not named as a party in the removal petition, the agency 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."/
Amend the bill further, by adding:
/SECTION 9. Section 20-7-766 of the 1976 Code, as last amended by Act 132 of 1997, is further amended to read:
"(A) The family court must review the status of a child placed in foster care upon motion filed by the department to determine a permanent plan for the child. The permanency planning hearing must be held no later than one year after the date the child was first placed in foster care. At the initial permanency planning hearing, the court shall review the status of the child and the progress being made toward the child's return home or toward any other permanent plan approved at the removal hearing. The court's order shall make specific findings in accordance with this section.
(B) The department shall attach a supplemental report to the pleadings which contain at least:
(1) that information necessary to support findings required in subsection (F)(G);
(2) the recommended permanent plan and suggested timetable for attaining permanence; and
(3) any reports of the local foster care review board which pertain to the child. The department may use the same form for the supplemental report, reports from the department to the local foster care review board, and reports compiled for internal department reviews.
(C) If the court determines at the permanency planning hearing that the return of the child to the child's parent would not cause an unreasonable risk of harm to the child's life, physical health or safety, or mental well-being child may be returned safely to the child's parent and maintained safely in the home, the court shall order the child returned to the child's parent. The court may order a specified period of supervision and services not to exceed twelve months. When determining whether the return of the child would cause an unreasonable risk of harm child should be returned, the court shall consider all evidence and the supplemental report including whether the parent has substantially complied with the terms and conditions of the plan approved pursuant to Section 20-7-764.
(D) If the court determines at the permanency planning hearing that the child should not be returned to the child's parent at that time, the court's order shall require the department to file a petition to terminate parental rights to the child not later than sixty days after receipt of the order. However, if the court finds that the child may be returned to the parents within a specified reasonable time not to exceed six months and without an unreasonable risk of harm to the child as provided for in subsection (C) and that the best interest of the child would be served thereby, the court may order an extension of the plan approved pursuant to Section 20-7-764 or may order compliance with a modified plan. If a petition to terminate parental rights is to be filed, the department must exercise and document every reasonable effort to promote and expedite the adoptive placement and adoption of the child, including a thorough adoption assessment and child-specific recruitment. Adoptive placements must be diligently sought for the child and failure to do so solely because a child is classified as 'special needs' is expressly prohibited. No adoption may be delayed or denied solely on these special needs. If the department demonstrates to the court that terminating parental rights is clearly not in the child's best interest and one or more of the conditions specified under subsection (E)(F) exists, a different disposition may be required. For purposes of this subsection:
(1) 'thorough adoption assessment' means conducting and documenting face-to-face interviews with the child, foster care providers, and other significant parties; and
(2) 'child specific recruitment' means recruiting an adoptive placement targeted to meet the individual needs of the specific child including, but not be limited to, use of the media, use of photo listings, and any other in-state or out-of-state resources which may be utilized to meet the specific needs of the child, unless there are extenuating circumstances that indicate that these efforts are not in the best interest of the child.
(E) If the court determines that the child may be returned to the parent as provided for in subsection (C) within a specified reasonable time not to exceed six months and that the best interests of the child will be served and if the court finds that initiating termination of parental rights is not in the best interests of the child, the court may order an extension of the plan approved pursuant to Section 20-7-764 or may order compliance with a modified plan.
(E)(F) After assessing the viability of adoption, if the department demonstrates that termination of parental rights is clearly not in the child's best interest and if the court determines that the:
(1) best interest of the child would be served, the court may order that custody or legal guardianship, or both, be placed with a suitable member of the child's extended family or a suitable nonrelative; however, a home study on the relative or nonrelative must be submitted to the court for consideration before placement. The court may order a specified period of supervision and services not to exceed twelve months;
(2) child has special needs or circumstances and that a permanent foster caregiver has been identified by the department, the court may order that the child be placed in permanent foster care with a specified caregiver. If the child is under fourteen years of age, the special needs or circumstances must be shown by clear and convincing evidence;
(3) child has attained the age of sixteen, reasonable efforts to place the child adoptively have been exhausted, and the child is unwilling to accept or unable to adapt to a permanent placement, the court may extend foster care to provide services needed to assist the child to make the transition to independent living; or
(4) child has physical, mental, or psychological problems or special treatment needs and must remain in a specialized foster care setting or that the child is unwilling to accept or unable to adapt to a permanent placement, the court may extend foster care pending implementation of a permanent plan.
(F)(G) If the child is not returned to the parent, in addition to the findings required under subsection (D) or (E)(F), the court shall specify in its order:
(i) what services have been provided to or offered to the parents to facilitate reunification;
(ii) the compliance or lack of compliance by all parties to the plan approved pursuant to Section 20-7-764;
(iii) the extent to which the parents have visited or supported the child and any reasons why visitation or support has not occurred or has been infrequent;
(iv) whether previous services should continue and whether additional services are needed to facilitate reunification, identifying the services and specifying the expected date for completion, which must be less than six months from the date of the order;
(v) whether return of the child can be expected and identification of the changes the parent must make in circumstances, conditions, or behavior to remedy the causes of the child's placement or retention in foster care;
(vi) whether the child's foster care is to continue for a specified time and, if so, how long;
(vii) if the child has attained the age of sixteen, the services needed to assist the child to make the transition to independent living;
(viii) whether the child's current placement is safe and appropriate; and
(ix) whether the department has made reasonable efforts to assist the parents in remedying the causes of the child's placement or retention in foster care.
(G)(H) After the permanency planning hearing, if the child is retained in foster care, future permanency planning hearings must be conducted in accordance with this subsection.
If the child is retained in foster care and the agency is required to initiate termination of parental rights proceedings, the termination of parental rights hearing may serve as the next permanency planning hearing.
If the child is retained in permanent foster care with an identified caregiver, no further permanency planning hearings are necessary if the child is fourteen years of age or older.
If the court ordered extended foster care for the purpose of reunification with the parent, the court must select a permanent plan for the child other than another extension for reunification purposes at the next permanency planning hearing. The hearing must be held on or before the date specified in the plan for expected completion of the plan; in no case may the hearing be held any later than six months from the date of the last court order. The court also must fulfill the remaining requirements of subsections (A) through (F)(G).
After the termination of parental rights hearing, the requirements of Section 20-7-1574 must be met. Permanency planning hearings must be held annually, starting with the date of the termination of parental rights hearing. No further permanency planning hearings may be required after filing a decree of adoption of the child.
If the court places custody or guardianship with the parent, extended family member, or suitable nonrelative and a period of services and supervision is authorized, services and supervision automatically terminate on the date specified in the court order. Before the termination date, the department or the guardian ad litem may file a petition with the court for a review hearing on the status of the placement. Filing of the petition stays termination of the case until further order from the court. If the court finds clear and convincing evidence that the child will be threatened with harm if services and supervision do not continue, the court may extend the period of intervention for a specified time. The court's order shall specify the services and supervision necessary to reduce or eliminate the risk of harm to the child.
If the child is retained in foster care to pursue a plan of independent living, future permanency planning hearings must be held annually.
If the child is retained in foster care because of special needs or characteristics of the child as specified in subsection (E)(F)(5), and the child is ten years of age or under, future permanency planning hearings must be held every six months to determine whether these special needs or characteristics still exist or whether another disposition is appropriate.
If the child is retained in foster care because of special needs or characteristics of the child specified in subsection (E)(F)(5) and the child is more than ten years of age, future permanency planning hearings must be held annually to determine whether these special needs or characteristics still exist or whether another disposition is appropriate.
(H)(I) All proceedings provided for in this section must be initiated by filing of a summons and complaint with a supplemental report attached. The summons, complaint, supplemental report, and notice of the hearing must be served upon all named parties at least forty days before the hearing.
(I)(J) A named party, the child's guardian ad litem, or the local foster care review board may file a motion for review of the case at any time. Any other party in interest may move to intervene in the case pursuant to the rules of civil procedure and if the motion is granted, may move for review. Parties in interest include, but are not limited to, the individual or agency with legal custody or placement of the child and the foster parent. The notice of motion and motion for review must be served on the named parties at least ten days before the hearing date. The motion shall state the reason for review of the case and the relief requested."/
SECTION 10. Section 20-7-1572(6) and (7) of the 1976 Code, as last amended by Act 22 of 1992, are further amended to read:
"(6) The parent has a diagnosable condition unlikely to change within a reasonable time including, but not limited to, alcohol or drug addiction, mental deficiency, mental illness, or extreme physical incapacity, and the condition makes the parent unlikely to provide minimally acceptable care of the child. It is presumed that the parent's condition is unlikely to change within a reasonable time upon proof that the parent has been required by the department or the family court to participate in a treatment program for alcohol or drug addiction, and the parent has failed two or more times to complete the program successfully or has refused at two or more separate meetings with the department to participate in a treatment program; or
(7) The child has been abandoned as defined in Section 20-7-490(21).;
(8) The child has been in foster care under the responsibility of the State for fifteen of the most recent twenty-two months; or
(9) The physical abuse of a child of the parent resulted in the death or admission to the hospital for in-patient care of that child and the abuse is the act for which the parent has been convicted of or pled guilty or nolo contendere to committing, aiding, abetting, conspiring to commit, or soliciting an offense against the person as provided for in Title 16, Chapter 3, criminal domestic violence as defined in Section 16-25-20, criminal domestic violence of a high and aggravated nature as defined in Section 16-25-65, or the common law offense of assault and battery of a high and aggravated nature."/
SECTION 11. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend totals and title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 5073 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE DEFINITION OF "CHILDREN AND ADOLESCENTS IN NEED OF MENTAL HEALTH TREATMENT" TO INCLUDE CHILDREN OR ADOLESCENTS UNDER AGE TWENTY-ONE WHO ARE CLIENTS OF OR COMMITTED TO THE CUSTODY OF AN AGENCY OF THE STATE.
Rule 5.12 was waived by a division vote of 56 to 0.
Rep. PINCKNEY explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. PINCKNEY having the floor.
Rep. HARRELL moved that the House do now adjourn.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barrett Bauer Beck Boan Breeland Brown, H. Brown, J. Byrd Campsen Carnell Cato Clyburn Cooper Delleney Easterday Edge Emory Fleming Gourdine Hamilton Harrell Harris, A. Harrison Haskins Hawkins Hines, J. Hines, M. Kinon Kirsh Klauber Koon Lanford Leach Lee Littlejohn Maddox Martin Mason McAbee McGee McKay McLeod McMahand McMaster Meacham Moody-Lawrence Pinckney Rhoad Rice Robinson Sandifer Sharpe Simrill Smith, D. Smith, F. Smith, R. Stille Stoddard Townsend Tripp Trotter Vaughn Walker Webb Wilder Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
Bailey Barfield Battle Bowers Brown, G. Cave Chellis Cobb-Hunter Cotty Cromer Dantzler Davenport Gamble Govan Harvin Hinson Howard Inabinett Jordan Keegan Kelley Kennedy Knotts Law Limehouse Lloyd McCraw Miller Mullen Neilson Phillips Quinn Riser Scott Seithel Sheheen Smith, J. Spearman Stuart Whatley Wilkes Young-Brickell
So, the motion to adjourn was agreed to.
The Senate returned to the House with concurrence the following:
H. 5079 -- Reps. Byrd, Howard, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, 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, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING THE REVEREND BARRY WRIGHT OF COLUMBIA ON HIS INSTALLATION AS PASTOR OF ST. JOHN BAPTIST CHURCH ON SUNDAY, APRIL 26, 1998, AND WISHING HIM CONTINUED SUCCESS AND HAPPINESS IN HIS OUTSTANDING MINISTRY.
At 1:10 P.M. the House in accordance with the motion of Rep. TRIPP adjourned in memory of J.C. Edwards of Piedmont, to meet at 10:00 A.M. tomorrow.
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