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:
God of all life and Giver of every blessing, we thank You for this day from Your benevolent hand. We praise You for work to do, for strength and skill with which to do it. Give us a quick perception of Your will and a promptness in doing it. Match us to our times that we may face with clear consciences the gaze of those around us and the judgement of those who follow us, and at the end hear Your voice "well done, good and faithful servant." Keep us in Your care. 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. ROBINSON moved that when the House adjourns, it adjourn in memory of Louise Bauknight Jones, which was agreed to.
The following was received:
Columbia, S.C., April 26, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators BRYAN, GLOVER and GREGORY of the Committee of Conference on the part of the Senate on H. 3509:
H. 3509 (Word version) -- Reps. Simrill, Mason, Robinson, Moody-Lawrence, Altman, Davenport, Hamilton, Kirsh, Leach, Meacham-Richardson, J. H. Neal and Sandifer: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING ARTICLE 2, ENTITLED THE "PERSONAL FINANCIAL SECURITY ACT" SO AS TO PROVIDE FOR THE OFFENSE OF FINANCIAL IDENTITY FRAUD AND PENALTIES FOR VIOLATION; AND TO FURTHER AMEND CHAPTER 13, TITLE 16 BY DESIGNATING SECTION 16-13-10 THROUGH 16-13-490 AS ARTICLE 1 OF THAT CHAPTER.
Very respectfully,
President
Received as information.
Document No. 2457
Agency: Department of Health and Environmental Control
Statutory Authority: Sections 44-1-140(11); 1-23-10; -110
Septic Tank Site Evaluation Fees
Received by Speaker of the House of Representatives
January 11, 2000
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration Tolled
20000419 Resolution Intro, Disapprove,
120 Day Period Tolled
20000426 Committee Request Withdrawal
120 Day Period Tolled
20000427 Withdrawn and Resubmitted
The Senate sent to the House the following:
S. 1363 (Word version) -- Senator J. V. Smith: A CONCURRENT RESOLUTION RECOGNIZING THE LIFE AND GOOD WORKS OF MISS BETTY J. ALVERSON OF GREENVILLE AND EXPRESSING THE APPRECIATION AND RESPECT OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA FOR THE CONTRIBUTIONS AND LEADERSHIP SHE HAS PROVIDED TO FURMAN UNIVERSITY'S COLLEGIATE EDUCATIONAL SERVICE CORPS ON THE OCCASION OF HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1364 (Word version) -- Senators Grooms, Alexander, Anderson, Bauer, Branton, Bryan, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Richardson, Russell, Ryberg, Saleeby, Setzler, Short, Thomas, Waldrep, Washington, Wilson and J. V. Smith: A CONCURRENT RESOLUTION CONGRATULATING COURTNEY BROWN, SOUTH CAROLINA'S NATIVE SON, ON BECOMING THE NUMBER ONE DRAFT CHOICE OF THE NATIONAL FOOTBALL LEAGUE (NFL), AND EXTENDING HIM BEST WISHES FOR GREAT SUCCESS AND A LONG CAREER IN THE NFL.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1365 (Word version) -- Senators Jackson, Anderson, Hayes and Giese: A CONCURRENT RESOLUTION ACKNOWLEDGING THE NEED FOR INCREASED AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND RECOGNIZING MAY AS MENTAL HEALTH MONTH.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4993 (Word version) -- Rep. Gilham: A BILL TO AMEND SECTION 20-7-2700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN REGULATING CHILD DAYCARE FACILITIES, SO AS TO REVISE THE DEFINITION OF "CHILD DAYCARE FACILITIES" TO EXEMPT FOUR-YEAR-OLD KINDERGARTEN PROGRAMS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4994 (Word version) -- Reps. Young-Brickell, Chellis and Bailey: A BILL TO AMEND ACT 535 OF 1982 AND ACT 536 OF 1986, BOTH AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF SUMMERVILLE SCHOOL DISTRICT NO. 2 IN DORCHESTER COUNTY AND DORCHESTER COUNTY SCHOOL DISTRICT 4, RESPECTIVELY, SO AS TO REVISE THE DATES BY WHICH PERSONS DESIRING TO BECOME CANDIDATES FOR ELECTION TO THESE BOARDS MUST FILE A NOMINATING PETITION.
On motion of Rep. YOUNG-BRICKELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4995 (Word version) -- Rep. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-10-45 SO AS TO PROVIDE THAT IT IS A VIOLATION OF THE WAGE REQUIREMENTS OF THIS STATE FOR AN EMPLOYER TO PAY FEMALE EMPLOYEES LESS THAN MALE EMPLOYEES FOR COMPARABLE EMPLOYMENT IF THE FEMALE EMPLOYEES HAVE EQUIVALENT EXPERIENCE AND TRAINING; AND TO AMEND SECTION 41-10-80, AS AMENDED, RELATING TO CIVIL PENALTIES FOR VIOLATION OF CERTAIN WAGE AND HOURLY PROVISIONS SO AS TO REVISE SUCH PENALTIES AND INCLUDE SECTION 41-10-45 THEREIN.
Referred to Committee on Labor, Commerce and Industry
The following was introduced:
H. 4996 (Word version) -- Reps. Klauber, Parks and Carnell: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE GREENWOOD HIGH SCHOOL "EAGLES" FOOTBALL TEAM AND COACHES FOR AN EXCEPTIONAL SEASON AND ON CAPTURING THE 1999-2000 CLASS AAAA STATE FOOTBALL CHAMPIONSHIP AND WISH THEM CONTINUED SUCCESS IN THE FUTURE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4997 (Word version) -- Reps. Whatley, Whipper, Mack, Dantzler and Breeland: A HOUSE RESOLUTION TO COMMEND THE NORTH CHARLESTON SEWER DISTRICT FOR WINNING THIRD PLACE IN THE MILITARY/GOVERNMENT CATEGORY IN THE CITY OF NORTH CHARLESTON'S CLEAN CITIES SWEEP HELD AS PART OF THE YEAR 2000 GREAT AMERICAN CLEANUP CONTEST.
The Resolution was adopted.
The following was introduced:
H. 4998 (Word version) -- Reps. Whatley, Whipper, Mack, Dantzler and Breeland: A HOUSE RESOLUTION TO COMMEND THE CHARLESTON FARMS NEIGHBORHOOD OF NORTH CHARLESTON FOR WINNING FIRST PLACE IN THE NEIGHBORHOOD CATEGORY IN THE CITY OF NORTH CHARLESTON'S CLEAN CITIES SWEEP HELD AS PART OF THE YEAR 2000 GREAT AMERICAN CLEANUP CONTEST.
The Resolution was adopted.
The following was introduced:
H. 4999 (Word version) -- Reps. Whatley, Whipper, Mack, Dantzler and Breeland: A HOUSE RESOLUTION TO COMMEND THE DORCHESTER TERRACE, WAYLYN, AND MURRAY HILL NEIGHBORHOODS OF NORTH CHARLESTON FOR WINNING SECOND PLACE IN THE NEIGHBORHOOD CATEGORY IN THE CITY OF NORTH CHARLESTON'S CLEAN CITIES SWEEP HELD AS PART OF THE YEAR 2000 GREAT AMERICAN CLEANUP CONTEST.
The Resolution was adopted.
The following was introduced:
H. 5000 (Word version) -- Reps. Whatley, Whipper, Mack, Dantzler and Breeland: A HOUSE RESOLUTION CONGRATULATING NEHEMIAH LODGE OF NORTH CHARLESTON ON WINNING FIRST PLACE IN THE ADOPT-A-HIGHWAY CATEGORY IN THE CITY OF NORTH CHARLESTON'S "CLEAN CITIES SWEEP" AS A PART OF THE "2000 GREAT AMERICAN CLEANUP CONTEST".
The Resolution was adopted.
The following was introduced:
H. 5001 (Word version) -- Reps. Whatley, Whipper, Mack, Dantzler and Breeland: A HOUSE RESOLUTION CONGRATULATING AND COMMENDING THE NEW ZION RMUE CHURCH ON ITS FIRST PLACE FINISH IN ITS ENTERING IN THE CITY OF NORTH CHARLESTON'S CLEAN CITIES SWEEP AS PART OF THE YEAR 2000 GREAT AMERICAN CLEANUP CONTEST.
The Resolution was adopted.
The following was introduced:
H. 5002 (Word version) -- Reps. Whatley, Whipper, Mack, Breeland and Dantzler: A HOUSE RESOLUTION TO COMMEND THE CHICORA-CHEROKEE NEIGHBORHOOD OF NORTH CHARLESTON FOR WINNING THIRD PLACE IN THE NEIGHBORHOOD CATEGORY IN THE CITY OF NORTH CHARLESTON'S CLEAN CITIES SWEEP HELD AS PART OF THE YEAR 2000 GREAT AMERICAN CLEANUP CONTEST.
The Resolution was adopted.
The following was introduced:
H. 5003 (Word version) -- Reps. Whatley, Whipper, Mack, Dantzler and Breeland: A HOUSE RESOLUTION CONGRATULATING AND COMMENDING THE SCHOOL OF ARTS ON ITS SECOND PLACE FINISH IN ITS ENTERING IN THE CITY OF NORTH CHARLESTON'S CLEAN CITIES SWEEP AS PART OF THE YEAR 2000 GREAT AMERICAN CLEANUP CONTEST.
The Resolution was adopted.
The following was introduced:
H. 5004 (Word version) -- Reps. Whatley, Whipper, Mack, Dantzler and Breeland: A HOUSE RESOLUTION CONGRATULATING AND COMMENDING NORTH CHARLESTON HIGH SCHOOL ON ITS FIRST PLACE FINISH IN ITS ENTERING IN THE CITY OF NORTH CHARLESTON'S CLEAN CITIES SWEEP AS PART OF THE YEAR 2000 GREAT AMERICAN CLEANUP CONTEST.
The Resolution was adopted.
The following was introduced:
H. 5005 (Word version) -- Reps. Whatley, Whipper, Mack, Dantzler and Breeland: A HOUSE RESOLUTION CONGRATULATING AND COMMENDING HAUT GAP MIDDLE SCHOOL ON ITS THIRD PLACE FINISH IN ITS ENTERING IN THE CITY OF NORTH CHARLESTON'S CLEAN CITIES SWEEP AS PART OF THE YEAR 2000 GREAT AMERICAN CLEANUP CONTEST.
The Resolution was adopted.
The following was introduced:
H. 5006 (Word version) -- Reps. Whatley, Whipper, Mack, Dantzler and Breeland: A HOUSE RESOLUTION CONGRATULATING AND COMMENDING ST. JOHN'S CATHOLIC SCHOOL ON ITS SECOND PLACE FINISH IN ITS ENTERING IN THE CITY OF NORTH CHARLESTON'S CLEAN CITIES SWEEP AS PART OF THE YEAR 2000 GREAT AMERICAN CLEANUP CONTEST.
The Resolution was adopted.
The following was introduced:
H. 5007 (Word version) -- Reps. Kelley, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING SERGEANT DOUG WORKMAN OF THE MYRTLE BEACH POLICE DEPARTMENT FOR BEING NAMED THE "POLICE OFFICER OF THE YEAR FOR 1999".
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 Askins Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Hamilton Harrell Harris Harvin Haskins Hawkins Hayes Hines, M. Hinson Hosey Howard Huggins Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McLeod, W. McMahand Meacham-Richardson Miller Neal, J.H. Neal, J.M. Neilson Parks Perry Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Sharpe Sheheen Simrill Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Whipper Wilder Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Thursday, April 27.
William Clyburn Chuck Allen Harry Ott James Law Doug Smith Jesse Hines George Bailey Olin Phillips E.B. "Mac" McLeod Lynn Seithel James Harrison Clementa Pinckney Fletcher Smith Michael Whatley Richard Quinn Jerry Govan Ralph Canty Timothy Wilkes Gilda Cobb-Hunter
LEAVE OF ABSENCE
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.
Rep. LANFORD 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, April 12.
Rep. RUTHERFORD presented to the House the W. J. Keenan High School "Raiders" Boys Basketball Team, the 1999-2000 Class AAA Champions, their coaches and other school officials.
Rep. HOSEY presented to the House the Vietnam Veterans of America Salkehatchie Chapter No. 828.
Announcement was made that Dr. Leo L. Walker of Columbia is the Doctor of the Day for the General Assembly.
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 the 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. 4797 (Word version)
Date: ADD:
04/27/00 FLEMING
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 4972 (Word version) -- Rep. D. Smith: A BILL TO AMEND ACT 856 OF 1964, AS AMENDED, RELATING TO THE WHITNEY AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT OF FUNDS WHICH MAY BE BORROWED BY THE DISTRICT BOARD FROM ONE HUNDRED TO FIVE HUNDRED THOUSAND DOLLARS.
H. 4752 (Word version) -- Reps. J. Brown, Cobb-Hunter, Wilkins, Cotty, McCraw, Edge, Hayes, Fleming, Phillips, Lourie, Allen, Askins, Bailey, Barfield, Battle, Bowers, Breeland, G. Brown, T. Brown, Canty, Carnell, Cato, Chellis, Dantzler, Emory, Frye, Gamble, Gilham, Gourdine, Harris, Hawkins, J. Hines, M. Hines, Hinson, Hosey, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Klauber, Koon, Law, Limehouse, Lloyd, Mack, Martin, W. McLeod, McMahand, Moody-Lawrence, J. H. Neal, Ott, Parks, Riser, Rodgers, Rutherford, Seithel, Sharpe, Simrill, R. Smith, Stille, Stuart, Taylor, Wilder, Young-Brickell, Miller and Robinson: A BILL TO AMEND SECTION 40-33-950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INACTIVE LICENSE STATUS FOR NURSES, SO AS TO CREATE A VOLUNTEER LICENSE FOR RETIRED NURSES TO USE IN DONATING THEIR SERVICES TO CHARITABLE ORGANIZATIONS.
H. 4743 (Word version) -- Reps. D. Smith and Rodgers: A BILL TO ENACT THE "SAFE HAVEN FOR ABANDONED BABIES ACT" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-85 SO AS TO REQUIRE A HOSPITAL OR HOSPITAL OUTPATIENT FACILITY TO TAKE POSSESSION OF A CHILD VOLUNTARILY DELIVERED BY THE CHILD'S PARENT WHEN THE PARENT DID NOT EXPRESS AN INTENT TO RETURN FOR THE CHILD; TO PROVIDE ANONYMITY FOR THE PARENT AND CHILD BUT TO ALLOW THE HOSPITAL OR FACILITY TO REQUEST MEDICAL INFORMATION; TO REQUIRE THE HOSPITAL OR FACILITY TO NOTIFY THE DEPARTMENT OF SOCIAL SERVICES THAT A CHILD HAS BEEN TAKEN INTO POSSESSION; TO REQUIRE THE DEPARTMENT TO PROVIDE FOR THE CARE AND CUSTODY OF THE CHILD; AND TO GRANT A PARENT IMMUNITY FROM PROSECUTION FOR UNLAWFUL CONDUCT OR CRUELTY TOWARDS A CHILD OR ANY OTHER VIOLATION FOR LEAVING THE CHILD IF THE PARENT LEAVES THE CHILD WITH THE HOSPITAL OR FACILITY PERSONNEL, THE CHILD IS NO MORE THAN THIRTY DAYS OLD, AND THE CHILD HAS NOT SUSTAINED ANY PHYSICAL HARM OR INJURY.
H. 4974 (Word version) -- Reps. Keegan and Miller: A BILL TO AMEND ACT 876 OF 1966, AS AMENDED, RELATING TO THE CREATION OF THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT IN GEORGETOWN AND HORRY COUNTIES, SO AS TO AUTHORIZE THE DISTRICT TO PROVIDE EMERGENCY MEDICAL SERVICES WITHIN ITS BOUNDARIES UNDER CERTAIN CIRCUMSTANCES.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 1212 (Word version) -- Senator J. V. Smith: A BILL TO AMEND SECTION 56-3-2332, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUE OF THE STANDARD LICENSE PLATE TO A VEHICLE MANUFACTURER FOR VEHICLES USED IN EMPLOYEE BENEFIT PROGRAMS, TESTING, OR PROMOTIONAL PURPOSES, SO AS TO INCREASE THE ANNUAL REGISTRATION FEE FROM SIX HUNDRED NINETY-SEVEN DOLLARS AND FORTY-SIX CENTS TO EIGHT HUNDRED EIGHTY DOLLARS.
S. 1331 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
Rep. SHARPE moved to adjourn debate upon the following Bill until Wednesday, May 3, which was adopted:
H. 4685 (Word version) -- Rep. W. McLeod: A BILL TO AMEND SECTION 40-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO REVISE THE DEFINITION OF "OPERATOR" AND TO ADD DEFINITIONS RELATIVE TO PUBLIC WATER SYSTEMS; TO AMEND SECTION 40-23-80, AS AMENDED, RELATING TO APPLICATIONS, RENEWAL, AND FEES FOR VARIOUS WATER SYSTEM TECHNICIANS AND OPERATORS, SO AS TO REQUIRE WELL DRILLER APPLICANTS TO POST A SURETY BOND; BY ADDING SECTION 40-23-230 SO AS TO PROVIDE PROCEDURES FOR LICENSE ISSUANCE AND RENEWAL AND PROVISIONS FOR ISSUING CERTAIN CURRENT LICENSEES A LICENSE UNDER REVISIONS TO THIS CHAPTER; BY ADDING SECTION 40-23-280 SO AS TO PROVIDE REQUIREMENTS FOR SURETY BONDS; AND BY ADDING SECTIONS 40-23-300, 40-23-305 AND 40-23-310 SO AS TO ESTABLISH CERTIFICATION CLASSIFICATIONS AND LICENSING REQUIREMENTS FOR PUBLIC WATER TREATMENT FACILITY OPERATORS AND PUBLIC WATER DISTRIBUTION SYSTEM FACILITY OPERATORS, AND TO REQUIRE LICENSURE CLASSIFICATION BASED ON THE TREATMENT PLANT WHERE THE PERSON IS EMPLOYED, ALL OF THE ABOVE PROVISIONS NECESSARY TO CONFORM TO FEDERAL MANDATES FOR LICENSING WATER DISTRIBUTION OPERATORS.
The following Bill was taken up:
S. 320 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 50-13-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO TAKE CERTAIN LARGE-MOUTH BASS IN LAKE ROBINSON, SO AS TO PROVIDE THAT IT IS ALSO UNLAWFUL TO TAKE CERTAIN LARGE-MOUTH BASS IN SPECIFIED PORTIONS OF LAKE WYLIE AND THE SAVANNAH RIVER SUBJECT TO THE JURISDICTION OF THE STATE OF SOUTH CAROLINA.
Reps. CATO, FLEMING, COOPER, TROTTER, MEACHAM-RICHARDSON, HAYES, WHATLEY and KNOTTS requested debate on the Bill.
The following Bill was taken up:
S. 1078 (Word version) -- Senator Leventis: A BILL TO AMEND CHAPTER 33, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPMENT AND SALE OF TREES, PLANTS AND SHRUBS, BY ADDING SECTION 46-33-90, SO AS PROVIDE FOR NURSERY AND NURSERY DEALER REGISTRATION, PAYMENT OF REGISTRATION FEES ON A GRADUATED SCALE, EXEMPTIONS FROM PAYMENT OF FEES FOR CERTAIN GROWERS, ORGANIZATIONS, HOBBYISTS AND BACK YARD GARDENERS, AND TO PROVIDE FOR INCREASES IN THE AMOUNT OF REGISTRATION FEES REQUIRED BY THIS SECTION.
Reps. CATO, MEACHAM-RICHARDSON, TROTTER, KIRSH, FLEMING, WHATLEY, TOWNSEND, BALES, HAYES and KNOTTS requested debate on the Bill.
The following Bill was taken up:
H. 4426 (Word version) -- Reps. Davenport, Loftis, Leach, Hamilton, Robinson and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE COMPUTERS IN PUBLIC LIBRARIES, PUBLIC SCHOOL LIBRARIES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING LIBRARIES WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS TO BE EQUIPPED WITH SCREENING SOFTWARE TO ELIMINATE OR REDUCE THE ACCESSIBILITY OF PORNOGRAPHIC SITES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\21257SD00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 10-1-205. (A) A computer which:
(1) is located in a lending library supported by public funds, public school library or media arts center, or in the library of a public institution of higher learning as defined in Section 59-103-5;
(2) can access the Internet; and
(3) is available for use by the public or students, or both, shall have its use policies determined by the library's or center's governing boards, as appropriate. The governing boards must adopt and enforce policies intended to reduce the ability of the user to access web sites displaying information or material in violation of Article 3 of Chapter 15 of Title 16.
(B) Every lending library supported by public funds, public school library or media arts center, or library of a public institution of higher learning as defined in Section 59-103-5(2), shall post and display in at least two public places within the library a copy of the provisions of this section so that it may be read by anyone going into, visiting, or belonging to the library and using the libraries' Internet services.
(C) All applicable federal and state laws and local ordinances relating to obscenity and other similar criminal law violations apply to any person who knowingly downloads child pornography, pornography, or other obscene material from computers in a library referred to in subsection (B), and these persons committing such violations may be prosecuted accordingly."
SECTION 2. The 1976 Code is amended by adding:
"Section 10-1-206. (A)(1) A pilot program is hereby established to assess the feasibility of installing Internet filtering software in libraries or institutions as defined in Section 10-1-205. Funds for this program shall be as appropriated by the General Assembly.
(2) The Budget and Control Board shall be responsible for implementing this program and selecting appropriate filtering software. A minimum of three filtering software programs shall be tested.
(B)(1) The Budget and Control Board shall select the institutions that shall participate in the pilot program. Once selected by the board, the institution must participate. Pilot areas must be located in the upstate, midstate, and lowcountry areas of South Carolina. The board shall ensure that one public school district and one public library in each area are selected. Selected institutions must already have filtering software in place that meets the requirements of item (2) of this subsection or agree to installing recommended filtering software purchased by the State.
(2) Selected institutions in the pilot area must equip Internet accessible computers with one of the software filtering devices selected by the Budget and Control Board. This software must incorporate web-filtering technology designed to eliminate or reduce the ability of the computer to access web sites displaying pornographic pictures or any other obscene material as defined by law. Selected software must be able to distinguish between pornographic and obscene web sites and medical research web sites.
(C) The Budget and Control Board shall be responsible for evaluating this program. The evaluation shall be based on the following criteria:
(1) the filtering programs' ability to limit or restrict access to sources of information or images that are considered obscene including hard-core pornography and child pornography;
(2) the filtering programs' ability to limit or restrict access to sources of pornographic information or images that could be obscene as to minors or harmful to minors; and
(3) the filtering programs' ability to successfully access and not filter legitimate research sites.
(D) Any person blocked from an Internet site he believes contains material that does not meet the criteria listed in items (1) or (2) of subsection (C) above, and desires to access such Internet site, may make a request that the institution unblock the specified site. If the institution determines that the site does not fall within the criteria listed in items (1) or (2) of subsection (C), the institution shall unblock such Internet site. An adult patron may request unfiltered access to the Internet for serious literary, artistic, political, or scientific purposes, and the institution may temporarily disable the blocking software for such purposes.
(E) The pilot program shall take effect on the effective date of this section and shall expire on June 29, 2001. By December 1, 2001, the board shall report its findings to the General Assembly.
(F) Medical schools are exempt from the pilot program."
SECTION 3. This act takes effect July 1, 2000. /
Renumber sections to conform.
Amend title to read:
/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE THE GOVERNING BOARDS OF CERTAIN LIBRARIES INCLUDING PUBLIC SCHOOL OR HIGHER EDUCATION INSTITUTION LIBRARIES THAT HAVE COMPUTERS WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS, OR BOTH, TO DEVELOP USE POLICIES THEREFOR INTENDED TO REDUCE THE ABILITY OF THE USER TO ACCESS WEB SITES DISPLAYING PORNOGRAPHY, AND TO PERMIT CRIMINAL PROSECUTION UNDER APPLICABLE LAWS OR LOCAL ORDINANCES OF PERSONS KNOWINGLY DOWNLOADING PORNOGRAPHY FROM COMPUTERS IN THESE LIBRARIES; AND TO ADD SECTION 10-1-206 SO AS TO ESTABLISH A PILOT PROGRAM TO INSTALL AND ASSESS THE FEASIBILITY OF INSTALLING INTERNET FILTERING SOFTWARE IN THESE LIBRARIES AND INSTITUTIONS TO ELIMINATE OR REDUCE THE ABILITY OF THEIR COMPUTERS TO ACCESS WEB SITES DISPLAYING PORNOGRAPHY, AND TO PROVIDE FOR THE MANNER IN WHICH THIS PILOT PROGRAM SHALL BE OPERATED/.
Rep. STILLE explained the amendment.
The amendment was then adopted.
Rep. HAMILTON proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\AMEND\3843MM00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 10-1-205. (A) A computer which (i) is located in a lending library supported by public funds, in a public school, or in a public institution of higher learning as defined in Section 59-103-5, (ii) can access the internet, World Wide Web, Usenet, Bulletin Board Systems, or other interactive computer services, or (iii) is available for use by the public or students, or both, must:
(1) be equipped with and implement software incorporating web filtering technology designed to eliminate or reduce the ability of the computer to access web sites internet addresses, Usenet newsgroups, and Bulletin Board Systems displaying pornographic pictures or text that reasonably are believed to be obscene or child pornography as defined by South Carolina and federal law including, but not limited to, Sections 16-15-305, 16-15-375, 16-15-395, 16-15-405 of the South Carolina Code and Title 18, Sections 1462, 1465, 1470, 2252, 2252A, 2256, 1961, and 1962 of the United States Code; and
(2) have its policies concerning use and selection of required equipment to filter the internet, World Wide Web, Usenet, Bulletin Board Systems, or other interactive computer services determined by the governing board of the public library, public school, or public institution of higher learning, as appropriate. The governing board must adopt policies intended to reduce the ability of the user to access web sites displaying information or material in violation of Article 3 of Chapter 15 of Title 16.
(B) The provision of Internet and other interactive computer services to the public or to students by a public library, public school, or public institution of higher learning is a nonpublic forum for the purpose of offering information or materials by computer, and these services are not a public forum or limited public forum for this purpose. "
SECTION 2. This act takes effect July 1, 2000. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. HAMILTON explained the amendment.
Rep. TOWNSEND spoke against the amendment.
Rep. STILLE spoke against the amendment.
Rep. LOFTIS moved to adjourn debate on the Bill until Tuesday, May 2, which was rejected.
Rep. HAMILTON spoke in favor of the amendment.
Rep. BARRETT spoke against the amendment.
Rep. CAMPSEN spoke against the amendment.
Rep. PINCKNEY spoke against the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 2.
Reps. HAWKINS and DAVENPORT withdrew their requests for debate on H. 4797; however, other requests for debate remained on the Bill.
Reps. CATO, COOPER and FLEMING withdrew their requests for debate on the following Bill:
H. 3808 (Word version) -- Reps. Kelley, Keegan, Witherspoon, Edge, Miller, Simrill, Rhoad, Altman, Barrett, Battle, Campsen, Davenport, Emory, Limehouse, R. Smith, Vaughn, Walker and Wilkes: A BILL TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPTED FROM THE STATE'S DEED RECORDING FEE, SO AS TO ALLOW AN EXEMPTION FOR DEEDS THAT TRANSFER REALTY FROM AN AGENT TO THE AGENT'S PRINCIPAL IN WHICH THE REALTY WAS PURCHASED WITH FUNDS OF THE PRINCIPAL.
Rep. FLEMING withdrew his request for debate on the following Bill:
H. 4797 (Word version) -- Reps. Knotts, Barrett, Battle, H. Brown, Cato, Chellis, Delleney, Edge, Frye, Gamble, Haskins, Hinson, Huggins, Law, Littlejohn, Maddox, Martin, McCraw, Miller, Rice, Sandifer, Seithel, Simrill, R. Smith, Stuart, Taylor, Townsend, Tripp, Whatley, Wilkins, Witherspoon, Davenport, Robinson, McGee, McKay, Loftis, Riser, Meacham-Richardson and Fleming: A BILL TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO REVISE THE DEFINITION OF THE TERMS "PREMISES" AND "PROPERTY"; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO THE CARRYING OF WEAPONS ON SCHOOL PROPERTY, SO AS TO PROVIDE A DEFINITION FOR THE TERM "PROPERTY"; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF A BUSINESS SELLING ALCOHOLIC LIQUORS, BEERS, OR WINES FOR ON PREMISES CONSUMPTION, SO AS TO SUBSTITUTE THE WORD "INTO" FOR "ONTO THE PREMISES OF"; TO AMEND SECTION 23-31-210, RELATING TO DEFINITIONS CONTAINED IN THE LAW ABIDING CITIZEN'S SELF-DEFENSE ACT OF 1996, SO AS TO REVISE THE DEFINITION OF THE TERM "RESIDENT"; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO REDUCE THE NUMBER OF PHOTOGRAPHS OF AN APPLICANT THAT MUST BE SUBMITTED WITH AN INITIAL AND A RENEWAL APPLICATION FOR A CONCEALABLE WEAPON PERMIT, TO REVISE THE RESIDENCY REQUIREMENT CONTAINED IN THE CONCEALABLE WEAPON PERMIT APPLICATION FORM, TO DELETE THE PROHIBITION AGAINST AUTHORIZING A CONCEALABLE WEAPON PERMIT HOLDER TO CARRY A CONCEALABLE WEAPON INTO A CHURCH OR OTHER RELIGIOUS SANCTUARY, AND TO REQUIRE A PERSON WHO SEEKS TO RENEW A CONCEALABLE WEAPON PERMIT TO COMPLETE A ONE-HOUR COURSE THAT PROVIDES LEGAL UPDATES RELATING TO THE CONCEALABLE WEAPON PERMIT LAWS, AND DEMONSTRATE TO SLED THAT HE HAS A PROFICIENCY IN BOTH THE USE OF HANDGUNS AND STATE LAWS PERTAINING TO HANDGUNS, AND PROVIDE THAT ONCE A CONCEALED WEAPON PERMIT HOLDER IS NO LONGER A RESIDENT OF THIS STATE, HIS CONCEALED WEAPON PERMIT MUST BE REVOKED AUTOMATICALLY BY SLED; TO AMEND SECTION 23-31-235, RELATING TO THE CONTENT OF POSTED SIGNS THAT PROHIBIT THE CARRYING OF A CONCEALABLE WEAPON UPON ANY PREMISES, SO AS TO REVISE THE SIZE, CONTENT, AND PLACEMENT OF THESE SIGNS; AND TO AMEND SECTION 51-3-145, AS AMENDED, RELATING TO ACTS THAT MAY NOT BE COMMITTED AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO ALLOW A PERSON WHO POSSESSES A CONCEALABLE WEAPON PERMIT TO POSSESS A CONCEALABLE WEAPON AND ITS AMMUNITION AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
Rep. KENNEDY withdrew his request for debate on H. 4003; however, other requests for debate remained on the Bill.
Rep. ROBINSON withdrew his request for debate on the following Bill:
H. 3808 (Word version) -- Reps. Kelley, Keegan, Witherspoon, Edge, Miller, Simrill, Rhoad, Altman, Barrett, Battle, Campsen, Davenport, Emory, Limehouse, R. Smith, Vaughn, Walker and Wilkes: A BILL TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPTED FROM THE STATE'S DEED RECORDING FEE, SO AS TO ALLOW AN EXEMPTION FOR DEEDS THAT TRANSFER REALTY FROM AN AGENT TO THE AGENT'S PRINCIPAL IN WHICH THE REALTY WAS PURCHASED WITH FUNDS OF THE PRINCIPAL.
On motion of Rep. LOFTIS, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
H. 4892 (Word version) -- Reps. Wilkins, McMahand, F. Smith, Leach and Tripp: A BILL TO AMEND ACT 602 OF 1992, RELATING TO THE MANNER IN WHICH THE ANNUAL BUDGET AND TAX MILLAGE FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY MUST BE DETERMINED, SO AS TO PROVIDE THAT THE BOARD MAY ALSO RAISE THE SCHOOL MILLAGE AS NECESSARY, BUT AT A RATE NOT TO EXCEED FOUR MILLS IN ANY ONE YEAR, TO MAINTAIN A TEACHER SALARY SCHEDULE EQUAL TO THE SALARY SCHEDULE OF ANY OTHER SCHOOL DISTRICT IN THIS STATE.
Rep. TROTTER, with unanimous consent, withdrew his request for debate on the following Bill:
H. 4003 (Word version) -- Reps. Allen, Martin, Knotts, Rhoad, Simrill, J. Smith, Allison, Altman, Bailey, Bales, Barrett, Battle, Carnell, Clyburn, Cooper, Davenport, Emory, Gamble, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Inabinett, Keegan, Kelley, Kirsh, Law, Lee, Lloyd, Littlejohn, Lourie, Maddox, Mason, McCraw, McGee, McKay, W. McLeod, Meacham-Richardson, Miller, Ott, Phillips, Pinckney, Rodgers, Rutherford, Sandifer, R. Smith, Stille, Stuart, Taylor, Townsend, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon, Young-Brickell and Robinson: A BILL TO AMEND SECTION 20-7-8510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE, RELEASE, AND CONFIDENTIALITY OF JUVENILE RECORDS PURSUANT TO THE JUVENILE JUSTICE CODE, SO AS TO AUTHORIZE RELEASE OF INFORMATION AMONG THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, THE ATTORNEY GENERAL AND OTHER LAW ENFORCEMENT AGENCIES; TO AUTHORIZE THE TRANSMISSION OF RECORDS OF ADJUDICATION AND PENDING CRIMINAL CASES TO A SCHOOL OFFICIAL IF THE JUVENILE IS OR MAY BE A STUDENT AT THE SCHOOL; TO AUTHORIZE FINGERPRINTING OF A JUVENILE CHARGED WITH AN OFFENSE OTHER THAN A STATUS OFFENSE; AND TO AUTHORIZE SHARING OF CERTAIN INFORMATION BETWEEN THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, AND LAW ENFORCEMENT AGENCIES AND VARIOUS HUMAN SERVICES AGENCIES.
Rep. SIMRILL asked unanimous consent to recall S. 544 from the Committee on Judiciary.
Rep. SCOTT objected.
Rep. MEACHAM-RICHARDSON, with unanimous consent, withdrew her request for debate on the following Bill:
H. 4003 (Word version) -- Reps. Allen, Martin, Knotts, Rhoad, Simrill, J. Smith, Allison, Altman, Bailey, Bales, Barrett, Battle, Carnell, Clyburn, Cooper, Davenport, Emory, Gamble, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Inabinett, Keegan, Kelley, Kirsh, Law, Lee, Lloyd, Littlejohn, Lourie, Maddox, Mason, McCraw, McGee, McKay, W. McLeod, Meacham-Richardson, Miller, Ott, Phillips, Pinckney, Rodgers, Rutherford, Sandifer, R. Smith, Stille, Stuart, Taylor, Townsend, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon, Young-Brickell and Robinson: A BILL TO AMEND SECTION 20-7-8510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE, RELEASE, AND CONFIDENTIALITY OF JUVENILE RECORDS PURSUANT TO THE JUVENILE JUSTICE CODE, SO AS TO AUTHORIZE RELEASE OF INFORMATION AMONG THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, THE ATTORNEY GENERAL AND OTHER LAW ENFORCEMENT AGENCIES; TO AUTHORIZE THE TRANSMISSION OF RECORDS OF ADJUDICATION AND PENDING CRIMINAL CASES TO A SCHOOL OFFICIAL IF THE JUVENILE IS OR MAY BE A STUDENT AT THE SCHOOL; TO AUTHORIZE FINGERPRINTING OF A JUVENILE CHARGED WITH AN OFFENSE OTHER THAN A STATUS OFFENSE; AND TO AUTHORIZE SHARING OF CERTAIN INFORMATION BETWEEN THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, AND LAW ENFORCEMENT AGENCIES AND VARIOUS HUMAN SERVICES AGENCIES.
On motion of Rep. DELLENEY, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
S. 1210 (Word version) -- Senator Short: A BILL TO AMEND CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX, BY ADDING SECTION 12-6-3365 SO AS TO PROVIDE FOR A MORATORIUM ON STATE CORPORATE INCOME TAXES FOR A TAXPAYER WHO CREATES AND MAINTAINS FULL-TIME NEW JOBS IN A COUNTY QUALIFYING BY REASON OF HIGH UNEMPLOYMENT OR LOW PER CAPITA INCOME, TO ESTABLISH CRITERIA FOR THE NUMBER AND TYPE OF FULL-TIME NEW JOBS REQUIRED AND FOR THE DETERMINATION OF QUALIFYING COUNTIES, AND TO PROVIDE FOR THE LENGTH OF THE MORATORIUM; AND TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOB TAX CREDIT, SO AS TO PROVIDE THAT TAX CREDITS MAY BE CLAIMED, OR UNUSED TAX CREDITS CARRIED FORWARD, AFTER EXPIRATION OF THE MORATORIUM PERIOD; AND TO PROVIDE THAT A TAXPAYER MAY QUALIFY FOR THE MORATORIUM BEGINNING IN TAX YEARS AFTER 1997, WITH THE REPEAL OF THESE PROVISIONS ON JULY 1, 2005, NOT AFFECTING A MORATORIUM THEN IN EFFECT.
The Senate amendments to the following Bill were taken up for consideration:
H. 4650 (Word version) -- Reps. Hamilton, W. McLeod, Easterday, Leach and F. Smith: A BILL TO AMEND SECTION 59-149-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY REQUIREMENTS FOR A LIFE SCHOLARSHIP, SO AS TO DELETE THE REQUIREMENT THAT STUDENTS MUST PASS ALL COURSES REQUIRED FOR A STAR DIPLOMA; TO REPEAL SECTIONS 59-39-105 AND 59-39-190 RELATING TO THE REQUIREMENTS AND THE PROMULGATION OF REGULATIONS FOR THE STAR DIPLOMA; AND TO REPEAL SECTION 59-103-175, RELATING TO INCLUDING STAR DIPLOMA INFORMATION IN HIGH SCHOOL AND HIGHER EDUCATION AWARENESS COUNSELING, ALL SO AS TO REPEAL THE STAR DIPLOMA PROGRAM.
Rep. TOWNSEND moved to adjourn debate upon the Senate Amendments until Tuesday, May 2, which was agreed to.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 4852 (Word version) -- Reps. Neilson, Frye, Gamble, J. Hines, M. Hines, Hosey, Howard, Kelley, Lucas, Scott, Stuart, W. McLeod, Rhoad, Knotts and Whatley: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL HOMESTEAD EXEMPTION FOR TAXPAYERS SIXTY-FIVE AND OVER OR THOSE WHO ARE TOTALLY AND PERMANENTLY DISABLED OR LEGALLY BLIND, SO AS TO PROVIDE THAT THE DOLLAR AMOUNT OF THE HOMESTEAD EXEMPTION SHALL BE ADJUSTED ANNUALLY BEGINNING IN 2000 BY THE COMPTROLLER GENERAL TO REFLECT ANY PERCENTAGE INCREASE IN THE PRIOR YEAR'S CONSUMER PRICE INDEX FOR THE SOUTHEAST REGION AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR.
H. 3927 (Word version) -- Reps. Sharpe and Knotts: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 44-96-50 RELATING TO SOLID WASTE MANAGEMENT POLICY AND GOALS, SO AS TO REVISE THE GOAL TO BE THREE AND ONE-HALF POUNDS PER DAY OF MUNICIPAL SOLID WASTE AND TO DEFINE THAT TERM; TO AMEND SECTION 44-96-60, AS AMENDED, RELATING TO THE STATE SOLID WASTE MANAGEMENT PLAN AND ANNUAL REPORT, SO AS TO REQUIRE THE SUCCESS OF MUNICIPALITIES IN ACHIEVING SOLID WASTE RECYCLING AND REDUCTION GOALS TO BE INCLUDED IN THE ANNUAL REPORT AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH PROCEDURES TO OBTAIN RECYCLING DATA; TO AMEND SECTION 44-96-80 RELATING TO COUNTY AND REGIONAL SOLID WASTE PLANS AND GOVERNMENTAL RESPONSIBILITIES, SO AS TO DELETE THE PROVISION AUTHORIZING A TEN DOLLAR FEE ON ALL SOLID WASTE GENERATED OUT OF STATE AND DISPOSED OF IN STATE; TO AMEND SECTION 44-96-110 RELATING TO THE OFFICE OF SOLID WASTE REDUCTION AND RECYCLING, SO AS TO REVISE THE DUTIES AND RESPONSIBILITIES OF THE OFFICE, INCLUDING REVISIONS TO THE SCHOOL DISTRICT RECYCLING PROJECTS; TO AMEND SECTION 44-96-120, AS AMENDED, RELATING TO THE SOLID WASTE MANAGEMENT TRUST FUND SO AS TO INCLUDE GRANTS TO PUBLIC AND PRIVATE SCHOOLS, COLLEGES, AND UNIVERSITIES FOR WASTE REDUCTION AND RECYCLING EDUCATION PROGRAM; AS PROGRAMS TO BE FUNDED BY THE TRUST FUND AND TO CHANGE THE NAME OF THE WASTE TIRE GRANT TRUST FUND AS THE WASTE TIRE TRUST FUND; TO AMEND SECTION 44-96-130 RELATING TO THE SOLID WASTE MANAGEMENT GRANT PROGRAM SO AS TO SPECIFY THE USE OF CERTAIN GRANT FUNDS AND TO REQUIRE THAT GRANTS BE MADE AVAILABLE TO LOCAL GOVERNMENTS IN NEED OF ASSISTANCE IN CARRYING OUT THEIR RESPONSIBILITIES UNDER THE SOLID WASTE POLICY AND MANAGEMENT ACT; TO AMEND SECTION 44-96-140, AS AMENDED, RELATING TO STATE GOVERNMENT RECYCLING PROGRAMS, SO AS TO REQUIRE STATE AGENCIES AND STATE INSTITUTIONS OF HIGHER LEARNING TO SUBMIT AN ANNUAL REPORT ON ITS SOURCE SEPARATION AND RECYCLING PROGRAM; TO AMEND SECTION 44-96-150 RELATING TO DISPOSAL OF PACKAGING AND PLASTICS, SO AS TO AUTHORIZE A MANUFACTURER OR DISTRIBUTOR OF PLASTIC RESIN CONTAINERS TO ADOPT A LABELING CODE THAT WILL ASSIST IN SEGREGATION AND COLLECTION OF THAT RESIN FOR RECYCLING; TO AMEND SECTION 44-96-160, AS AMENDED, RELATING TO DISPOSAL OF USED OIL, SO AS TO ALSO PROHIBIT DISPOSING OF USED OIL FILTERS IN LANDFILLS UNLESS THE FILTER HAS BEEN REDUCED IN VOLUME, TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO DISPOSAL OF WASTE TIRES, SO AS TO REVISE TIPPING FEES ON WASTE TIRES, TO REVISE WHERE WASTE TIRES MAY BE DISPOSED OF, TO ESTABLISH STATE POLICY FOR MANAGEMENT OF WASTE TIRES, TO REVISE PROCEDURES FOR OBTAINING REFUNDS FOR DELIVERY OF WASTE TIRES TO PERMITTED OR APPROVED FACILITIES; TO REVISE THE PURPOSES FOR WASTE TIRE GRANTS, AND TO AUTHORIZE THE DEPARTMENT TO REQUIRE CERTAIN TIRE HAULERS, PROCESSORS, AND FACILITIES TO COMPLY WITH RECORDKEEPING AND REPORTING REQUIREMENTS; TO AMEND SECTION 44-96-180, AS AMENDED, RELATING TO DISPOSAL OF LEAD-ACID BATTERIES, SO AS TO REQUIRE PERSONS SELLING THESE BATTERIES TO POST NOTICE CONCERNING DISPOSAL REQUIREMENTS IN A PLACE VISIBLE TO CUSTOMERS; TO AMEND SECTION 44-96-290, AS AMENDED, RELATING TO PERMITTING A SOLID WASTE MANAGEMENT FACILITY, SO AS TO DELETE PROVISIONS RELATING TO PERMITTING A NEW OR AN EXPANSION OF AN EXISTING SOLID WASTE MANAGEMENT FACILITY AND TO REQUIRE PUBLIC NOTICE WHEN A PERMIT IS SOUGHT FOR A NEW OR EXPANSION OF AN EXISTING MUNICIPAL SOLID WASTE LANDFILL; TO AMEND SECTION 44-96-350 RELATING TO MINIMUM REQUIREMENTS FOR THE MANAGEMENT OF MUNICIPAL SOLID WASTE INCINERATOR ASH, SO AS TO REVISE THE REQUIREMENTS FOR THE DISPOSAL OF THIS ASH IN A SOLID WASTE LANDFILL; TO AMEND SECTION 44-96-470 RELATING TO FACILITY ISSUES NEGOTIATION PROCESS, SO AS TO DEFINE THE TERM "AFFECTED COUNTY" AND TO REVISE THE APPLICATION PROCEDURES FOR SOLID WASTE DISPOSAL FACILITY PERMITS; AND TO REPEAL SECTION 44-96-230 RELATING TO THE STATE RECYCLING SYMBOL.
H. 4856 (Word version) -- Reps. Robinson, Koon, Allison, Barfield, H. Brown, Davenport, Easterday, Edge, Gamble, Gilham, Hamilton, Harrell, Harvin, Frye, Law, Littlejohn, Martin, Rice, Riser, Rodgers, Stille, Stuart, Taylor, Walker, Witherspoon, Leach and Loftis: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES AND MOTORCYCLES FROM PROPERTY TAXES LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.
H. 4854 (Word version) -- Reps. Robinson, Koon, Limehouse, Allison, Barfield, H. Brown, Davenport, Easterday, Edge, Frye, Gamble, Gilham, Hamilton, Harrell, Harvin, Law, Littlejohn, Martin, Rice, Riser, Rodgers, Stille, Stuart, Taylor, Walker and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 IN CHAPTER 10 OF TITLE 4, RELATING TO LOCAL SALES AND USE TAXES, ENACTING THE MOTOR VEHICLE PROPERTY TAX EXEMPTION SALES TAX ACT, SO AS TO AUTHORIZE THE IMPOSITION BY REFERENDUM APPROVAL OF A SALES AND USE TAX IN A COUNTY IN INCREMENTS OF ONE-TENTH OF ONE PERCENT, NOT TO EXCEED TWO PERCENT, TO PROVIDE FOR THESE CIRCUMSTANCES RESULTING IN RESCINDING THE TAX, AND TO REQUIRE THE TAX REVENUE TO BE USED TO REPLACE PROPERTY TAX REVENUES NOT COLLECTED ON PRIVATE PASSENGER MOTOR VEHICLE AND MOTORCYCLES WHICH ARE EXEMPT FROM PROPERTY TAXES LEVIED IN THE COUNTY IF A MAJORITY IN THE REFERENDUM FAVOR THE SALES TAX.
The following Concurrent Resolution was taken up:
H. 4887 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME ROAD S-17-316 IN DILLON COUNTY COMMONLY KNOWN AS WILLAMETTE ROAD, BETWEEN SOUTH CAROLINA HIGHWAY 34 AND ROAD S-17-23 "A. W. 'RED' BETHEA ROAD" AND PLACE APPROPRIATE MARKERS OR SIGNS ON THIS ROAD REFLECTING THIS DESIGNATION.
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, request that the Department of Transportation name Road S-17-316 in Dillon County, commonly known as Willamette Road, between South Carolina Highway 34 and Road S-17-23 "A. W. 'Red' Bethea Road" and place appropriate markers or signs on this road reflecting this designation.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 4867 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 38 AND INTERSTATE HIGHWAY 95 IN DILLON COUNTY THE "MARION H. KINON INTERCHANGE".
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request that the Department of Transportation name the intersection of South Carolina Highway 38 and Interstate Highway 95 in Dillon County the "Marion H. Kinon Interchange" and install appropriate markers or signs at this highway interchange as the Department of Transportation considers appropriate.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
Rep. FLEMING moved that the House recur to the morning hour, which was agreed to.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5008 (Word version) -- Rep. Tripp: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD AT THE SAME TIME AS THE 2000 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY FAVOR GRANTING UNLIMITED FISCAL AUTONOMY TO THE BOARD OF THE DISTRICT BEGINNING WITH THE YEAR 2001.
Rep. TRIPP asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. HAMILTON objected.
Referred to Committee on Ways and Means
S. 52 (Word version) -- Senators Giese, Elliott, Leventis, Hayes, Rankin and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-55 SO AS TO PERMIT HOME SCHOOL STUDENTS TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES OF THE SCHOOL DISTRICT IN WHICH THE STUDENT RESIDES UNDER CERTAIN CONDITIONS.
Referred to Committee on Education and Public Works
S. 283 (Word version) -- Senators Wilson, Giese and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.
Referred to Committee on Ways and Means
S. 946 (Word version) -- Senators Holland, Elliott and Rankin: A BILL TO AMEND SECTION 7-5-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE PROCEDURE FOR VOTING WHEN A QUALIFIED ELECTOR MOVES AND DOES NOT NOTIFY THE COUNTY BOARD OF VOTER REGISTRATION OF THE CHANGE OF ADDRESS BEFORE THE ELECTION, SO AS TO INCLUDE A PERSON WHO MOVES FROM ONE COUNTY TO ANOTHER AND DOES NOT NOTIFY THE BOARD WITHIN THE THIRTY-DAY PERIOD BEFORE THE ELECTION.
Referred to Committee on Judiciary
S. 1291 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 62-5-433, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR SETTLEMENT OF CLAIMS IN FAVOR OF OR AGAINST MINORS OR INCAPACITATED PERSONS, SO AS TO PROVIDE THAT FOR SETTLEMENT OF CLAIMS IN AN AMOUNT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH THE CIRCUIT COURT; AND FOR CLAIMS NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH EITHER THE CIRCUIT COURT OR THE PROBATE COURT.
Referred to Committee on Judiciary
S. 1350 (Word version) -- Education Committee: A BILL TO AMEND CHAPTER 39, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGH SCHOOL DIPLOMAS, BY ADDING SECTION 59-39-115 SO AS TO PROVIDE FOR THE ISSUANCE OF A HIGH SCHOOL DIPLOMA TO A HIGH SCHOOL STUDENT WHO ENLISTED IN THE UNITED STATES ARMED FORCES DURING THE PERIOD OF DECEMBER 8, 1941, THROUGH SEPTEMBER 1, 1946, UPON PRESENTATION OF THE APPROPRIATE DOCUMENTATION TO THE STATE DEPARTMENT OF EDUCATION.
Referred to Committee on Education and Public Works
The following was introduced:
H. 5009 (Word version) -- Reps. Whatley, Whipper, Mack, Dantzler and Breeland: A HOUSE RESOLUTION TO COMMEND THE UNITED STATES AIR FORCE OFFICE IN NORTH CHARLESTON FOR WINNING SECOND PLACE IN THE MILITARY/GOVERNMENT CATEGORY IN THE CITY OF NORTH CHARLESTON'S CLEAN CITIES SWEEP HELD AS PART OF THE YEAR 2000 GREAT AMERICAN CLEANUP CONTEST.
The Resolution was adopted.
The following was introduced:
H. 5010 (Word version) -- Reps. Whatley, Whipper, Mack, Dantzler and Breeland: A HOUSE RESOLUTION TO COMMEND THE CCSO COMMUNITY SERVICE PROGRAM OF NORTH CHARLESTON FOR WINNING FIRST PLACE IN THE MILITARY/GOVERNMENT CATEGORY IN THE CITY OF NORTH CHARLESTON'S CLEAN CITIES SWEEP HELD AS PART OF THE YEAR 2000 GREAT AMERICAN CLEANUP CONTEST.
The Resolution was adopted.
The following was introduced:
H. 5011 (Word version) -- Reps. Whatley, Whipper, Mack, Dantzler and Breeland: A HOUSE RESOLUTION CONGRATULATING AND COMMENDING NORTH CHARLESTON UNITED METHODIST 5-K SCHOOL ON ITS THIRD PLACE FINISH IN ITS ENTERING IN THE CITY OF NORTH CHARLESTON'S CLEAN CITIES SWEEP AS PART OF THE YEAR 2000 GREAT AMERICAN CLEANUP CONTEST.
The Resolution was adopted.
The following was introduced:
H. 5012 (Word version) -- Reps. Whatley, Whipper, Mack, Dantzler and Breeland: A HOUSE RESOLUTION CONGRATULATING THE ARMY NATIONAL GUARD ON WINNING SECOND PLACE IN THE ADOPT-A-HIGHWAY CATEGORY IN THE CITY OF NORTH CHARLESTON'S "CLEAN CITIES SWEEP" AS A PART OF THE "2000 GREAT AMERICAN CLEANUP CONTEST".
The Resolution was adopted.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2:
H. 4426 (Word version) -- Reps. Davenport, Loftis, Leach, Hamilton, Robinson and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE COMPUTERS IN PUBLIC LIBRARIES, PUBLIC SCHOOL LIBRARIES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING LIBRARIES WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS TO BE EQUIPPED WITH SCREENING SOFTWARE TO ELIMINATE OR REDUCE THE ACCESSIBILITY OF PORNOGRAPHIC SITES.
Rep. HAMILTON proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\AMEND\3843MM00), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 10-1-205. (A) A computer which (i) is located in a lending library supported by public funds, in a public school, or in a public institution of higher learning as defined in Section 59-103-5, (ii) can access the internet, World Wide Web, Usenet, Bulletin Board Systems, or other interactive computer services, or (iii) is available for use by the public or students, or both, must:
(1) be equipped with and implement software incorporating web filtering technology designed to eliminate or reduce the ability of the computer to access web sites internet addresses, Usenet newsgroups, and Bulletin Board Systems displaying pornographic pictures or text that reasonably are believed to be obscene or child pornography as defined by South Carolina and federal law including, but not limited to, Sections 16-15-305, 16-15-375, 16-15-395, 16-15-405 of the South Carolina Code and Title 18, Sections 1462, 1465, 1470, 2252, 2252A, 2256, 1961, and 1962 of the United States Code; and
(2) have its policies concerning use and selection of required equipment to filter the internet, World Wide Web, Usenet, Bulletin Board Systems, or other interactive computer services determined by the governing board of the public library, public school, or public institution of higher learning, as appropriate. The governing board must adopt policies intended to reduce the ability of the user to access web sites displaying information or material in violation of Article 3 of Chapter 15 of Title 16.
(B) The provision of Internet and other interactive computer services to the public or to students by a public library, public school, or public institution of higher learning is a nonpublic forum for the purpose of offering information or materials by computer, and these services are not a public forum or limited public forum for this purpose. "
SECTION 2. This act takes effect July 1, 2000. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND moved to table the amendment.
Rep. EASTERDAY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Askins Bailey Bales Barrett Battle Breeland Brown, G. Brown, J. Canty Carnell Chellis Clyburn Cotty Dantzler Emory Fleming Frye Gourdine Harvin Hayes Hines, J. Hines, M. Hinson Hosey Howard Jennings Keegan Kelley Kirsh Koon Lanford Law Limehouse Littlejohn Lloyd Lourie Lucas Mack Maddox Martin McCraw McGee McLeod, W. Meacham-Richardson Miller Neal, J.H. Neal, J.M. Ott Parks Perry Phillips Pinckney Riser Rodgers Rutherford Sandifer Scott Sharpe Sheheen Smith, D. Smith, F. Smith, J. Smith, R. Stille Stuart Townsend Walker Webb Whipper Wilder Witherspoon Woodrum
Those who voted in the negative are:
Barfield Brown, H. Campsen Cato Cooper Davenport Delleney Easterday Edge Gamble Gilham Hamilton Harrell Harris Harrison Haskins Hawkins Huggins Klauber Knotts Leach Lee Loftis McMahand Neilson Quinn Rice Robinson Simrill Tripp Trotter Vaughn Whatley Wilkins Young-Brickell
So, the amendment was tabled.
The Bill was read second time and ordered to third reading.
On H. 4426, I spoke and voted against Rep. Loftis's amendment, even though I want filtering software on all public libraries and all public schools, K-12. I supported the committee amendment, which calls for a pilot project to gather data on different filtering software.
Once the data is collected, it will allow us to move forward with the next step.
Rep. Gresham Barrett
On motion of Rep. DAVENPORT, with unanimous consent, it was ordered that H. 4426 be read the third time tomorrow.
The following Bills was taken up, read the second time, and ordered to a third reading:
S. 1263 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES ALLOWED FOR CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO PROVIDE AN ALTERNATIVE METHOD FOR DETERMINING THE FAIR MARKET VALUE OF A PHARMACEUTICAL COMPANY PROJECT WITH MORE THAN A FOUR HUNDRED MILLION DOLLAR INVESTMENT.
Rep. MCGEE explained the Bill.
H. 3808 (Word version) -- Reps. Kelley, Keegan, Witherspoon, Edge, Miller, Simrill, Rhoad, Altman, Barrett, Battle, Campsen, Davenport, Emory, Limehouse, R. Smith, Vaughn, Walker and Wilkes: A BILL TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPTED FROM THE STATE'S DEED RECORDING FEE, SO AS TO ALLOW AN EXEMPTION FOR DEEDS THAT TRANSFER REALTY FROM AN AGENT TO THE AGENT'S PRINCIPAL IN WHICH THE REALTY WAS PURCHASED WITH FUNDS OF THE PRINCIPAL.
Rep. KELLEY explained the Bill.
On motion of Rep. MCGEE, with unanimous consent, it was ordered that S. 1263 be read the third time tomorrow.
On motion of Rep. KELLEY, with unanimous consent, it was ordered that H. 3808 be read the third time tomorrow.
The following Bill was taken up:
S. 1329 (Word version) -- Senators Peeler and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-740 SO AS TO ESTABLISH SOUTH CAROLINA YOUTH HUNTING DAYS FOR CERTAIN GAME SPECIES AND TO SPECIFY REQUIREMENTS AND RESTRICTIONS FOR PARTICIPATION.
Reps. FLEMING, CATO, TROTTER, COOPER and KIRSH requested debate on the Bill.
The following Bill was taken up:
S. 1266 (Word version) -- Senator Ford: A BILL TO PROVIDE THAT THE CONFEDERATE BATTLE FLAG SHALL BE REMOVED FROM ATOP THE STATE HOUSE, FROM THE FRONT GROUND-FLOOR FOYER OF THE STATE HOUSE, AND FROM THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES AND PLACED IN AN UNBREAKABLE GLASS DISPLAY CASE IN FRONT OF THE CONFEDERATE SOLDIER'S MONUMENT ON THE STATE HOUSE GROUNDS, TO PROVIDE THAT THE FIRST NATIONAL FLAG OF THE CONFEDERACY (STARS AND BARS) SHALL BE DISPLAYED AT THE WOMEN'S MONUMENT TO THE CONFEDERACY ON THE STATE HOUSE GROUNDS, AND TO PROVIDE THAT THE UNIVERSAL NEGRO IMPROVEMENT ASSOCIATION FLAG (BLACK LIBERATION FLAG) SHALL BE DISPLAYED AT THE AFRICAN AMERICAN MONUMENT ON THE STATE HOUSE GROUNDS; AND TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-165 SO AS TO PROVIDE THAT ONLY THE UNITED STATES FLAG AND THE SOUTH CAROLINA STATE FLAG SHALL FLY ATOP THE STATE HOUSE, BE DISPLAYED IN THE FRONT GROUND-FLOOR FOYER OF THE STATE HOUSE, AND IN THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES.
Rep. SIMRILL 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. 1332 (Word version) -- Senators Ryberg and Wilson: A BILL TO AMEND SECTION 59-111-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION NOT REQUIRED FROM CHILDREN OF FIREMEN, LAW ENFORCEMENT OFFICERS, AND CERTAIN OTHER PUBLIC EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY, SO AS TO EXTEND THIS PROVISION TO CHILDREN OF STATE EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY ON OR AFTER JULY 1, 1996; AND BY ADDING SECTION 59-111-145 TO DEFINE "STATE EMPLOYEE" FOR PURPOSES OF SECTION 59-111-110 AS A PERSON WHO IS REQUIRED TO PARTICIPATE IN THE STATE RETIREMENT SYSTEM.
Rep. ROBINSON 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. 4797 (Word version) -- Reps. Knotts, Barrett, Battle, H. Brown, Cato, Chellis, Delleney, Edge, Frye, Gamble, Haskins, Hinson, Huggins, Law, Littlejohn, Maddox, Martin, McCraw, Miller, Rice, Sandifer, Seithel, Simrill, R. Smith, Stuart, Taylor, Townsend, Tripp, Whatley, Wilkins, Witherspoon, Davenport, Robinson, McGee, McKay, Loftis, Riser, Meacham-Richardson and Fleming: A BILL TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO REVISE THE DEFINITION OF THE TERMS "PREMISES" AND "PROPERTY"; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO THE CARRYING OF WEAPONS ON SCHOOL PROPERTY, SO AS TO PROVIDE A DEFINITION FOR THE TERM "PROPERTY"; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF A BUSINESS SELLING ALCOHOLIC LIQUORS, BEERS, OR WINES FOR ON PREMISES CONSUMPTION, SO AS TO SUBSTITUTE THE WORD "INTO" FOR "ONTO THE PREMISES OF"; TO AMEND SECTION 23-31-210, RELATING TO DEFINITIONS CONTAINED IN THE LAW ABIDING CITIZEN'S SELF-DEFENSE ACT OF 1996, SO AS TO REVISE THE DEFINITION OF THE TERM "RESIDENT"; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO REDUCE THE NUMBER OF PHOTOGRAPHS OF AN APPLICANT THAT MUST BE SUBMITTED WITH AN INITIAL AND A RENEWAL APPLICATION FOR A CONCEALABLE WEAPON PERMIT, TO REVISE THE RESIDENCY REQUIREMENT CONTAINED IN THE CONCEALABLE WEAPON PERMIT APPLICATION FORM, TO DELETE THE PROHIBITION AGAINST AUTHORIZING A CONCEALABLE WEAPON PERMIT HOLDER TO CARRY A CONCEALABLE WEAPON INTO A CHURCH OR OTHER RELIGIOUS SANCTUARY, AND TO REQUIRE A PERSON WHO SEEKS TO RENEW A CONCEALABLE WEAPON PERMIT TO COMPLETE A ONE-HOUR COURSE THAT PROVIDES LEGAL UPDATES RELATING TO THE CONCEALABLE WEAPON PERMIT LAWS, AND DEMONSTRATE TO SLED THAT HE HAS A PROFICIENCY IN BOTH THE USE OF HANDGUNS AND STATE LAWS PERTAINING TO HANDGUNS, AND PROVIDE THAT ONCE A CONCEALED WEAPON PERMIT HOLDER IS NO LONGER A RESIDENT OF THIS STATE, HIS CONCEALED WEAPON PERMIT MUST BE REVOKED AUTOMATICALLY BY SLED; TO AMEND SECTION 23-31-235, RELATING TO THE CONTENT OF POSTED SIGNS THAT PROHIBIT THE CARRYING OF A CONCEALABLE WEAPON UPON ANY PREMISES, SO AS TO REVISE THE SIZE, CONTENT, AND PLACEMENT OF THESE SIGNS; AND TO AMEND SECTION 51-3-145, AS AMENDED, RELATING TO ACTS THAT MAY NOT BE COMMITTED AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO ALLOW A PERSON WHO POSSESSES A CONCEALABLE WEAPON PERMIT TO POSSESS A CONCEALABLE WEAPON AND ITS AMMUNITION AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22593CM00):
Amend the bill, as and if amended, Section 23-31-210(1), as contained in SECTION 4, by striking lines 10 and 11 on page 4 and inserting:
/ "present in South Carolina with the intention of making a permanent home in South Carolina or military personnel on permanent change of station orders" /
When amended Section 23-31-210(1) shall read:
"(1) 'Resident' means an individual who is a resident of South Carolina for at least twelve months preceding the date on which an application to carry a weapon is submitted under this section present in South Carolina with the intention of making a permanent home in South Carolina or military personnel on permanent change of station orders."
Amend the bill further, Section 23-31-215(P), as contained in SECTION 5, by striking lines 34 through 42 on page 8, and lines 1 through 8 on page 9, and inserting:
/ "(2) submission of three one current one-inch by one-inch full color photographs photograph of the applicant; and
(3) a complete set of fingerprints. A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant." /
When amended Section 23-31-215(P) shall read:
"(P) A permit issued pursuant to this article is valid for four years. Subject to subsection (Q) of this section, SLED shall renew a permit upon:
(1) payment of a fifty-dollar renewal fee by the applicant. This fee must be waived for disabled veterans and retired law enforcement officers;
(2) submission of three one current one-inch by one-inch full color photographs photograph of the applicant; and
(3) a complete set of fingerprints. A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant."/
Renumber sections to conform.
Amend title to conform.
Rep. EASTERDAY explained the amendment.
Rep. ROBINSON requested debate on the Bill.
The following Bill was taken up:
H. 4003 (Word version) -- Reps. Allen, Martin, Knotts, Rhoad, Simrill, J. Smith, Allison, Altman, Bailey, Bales, Barrett, Battle, Carnell, Clyburn, Cooper, Davenport, Emory, Gamble, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Inabinett, Keegan, Kelley, Kirsh, Law, Lee, Lloyd, Littlejohn, Lourie, Maddox, Mason, McCraw, McGee, McKay, W. McLeod, Meacham-Richardson, Miller, Ott, Phillips, Pinckney, Rodgers, Rutherford, Sandifer, R. Smith, Stille, Stuart, Taylor, Townsend, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon, Young-Brickell and Robinson: A BILL TO AMEND SECTION 20-7-8510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE, RELEASE, AND CONFIDENTIALITY OF JUVENILE RECORDS PURSUANT TO THE JUVENILE JUSTICE CODE, SO AS TO AUTHORIZE RELEASE OF INFORMATION AMONG THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, THE ATTORNEY GENERAL AND OTHER LAW ENFORCEMENT AGENCIES; TO AUTHORIZE THE TRANSMISSION OF RECORDS OF ADJUDICATION AND PENDING CRIMINAL CASES TO A SCHOOL OFFICIAL IF THE JUVENILE IS OR MAY BE A STUDENT AT THE SCHOOL; TO AUTHORIZE FINGERPRINTING OF A JUVENILE CHARGED WITH AN OFFENSE OTHER THAN A STATUS OFFENSE; AND TO AUTHORIZE SHARING OF CERTAIN INFORMATION BETWEEN THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, AND LAW ENFORCEMENT AGENCIES AND VARIOUS HUMAN SERVICES AGENCIES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\12002AC00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 20-7-6605 of the 1976 Code, as added by Act 383 of 1996, is amended by adding at the end:
"(9) 'Criminal justice purposes' means the performance of any activity directly involving the detection, apprehension, recapture from escape or elopement, detention, pretrial release, post-trial release, prosecution, adjudication, supervision, or rehabilitation of accused or adjudicated persons or criminal offenders or involving the collection, storage, and dissemination of juvenile offense history records."
SECTION 2. Section 20-7-7205 (C) of the 1976 Code, as added byAct 383 of 1996, is amended to read:
"(C) When a child is taken into custody by a law enforcement officer for an offense which would be a misdemeanor or felony if committed by an adult, not including a traffic or wildlife violation over which courts other than the family court have concurrent jurisdiction as provided in Section 20-7-410 any offense, the law enforcement officer also shall notify the principal of the school in which the child is enrolled, if any, of the nature of the offense. This information may be used by the principal for monitoring and supervisory purposes but otherwise must be kept confidential by the principal in the same manner required by Section 20-7-8510 (E)."
SECTION 3. Section 20-7-8505 of the 1976 Code, as amended by Act 435 of 1998, is further amended to read:
"Section 20-7-8505. Records and information of the department pertaining to juveniles shall be confidential as provided in Section 20-7-8510; provided, however, that where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the director must establish policies by which the department may transmit such information and records to another department or agency of state or local government, a school district, or a private institution or facility licensed by the State as a child-serving organization, where such is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. Records and information provided to a public or private school by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole and Pardon Services must include in the case of an individual who has been adjudicated for having committed a violent crime as defined in Section 16-1-60, for a crime in which a weapon as defined in Section 59-63-370 was used, for assault and battery against school personnel, as defined in Section 16-3-612, assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44, notice as set forth in Section 59-63-370. The person's juvenile criminal record must be provided by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole and Pardon Services to the principal of any school to which the person is seeking enrollment, upon the principal's request. Each school district is responsible for developing a policy for schools to follow within the district which ensures that the confidential nature of these records and of the other information received is maintained. This policy must include at a minimum the retention of the juvenile's criminal record, and other information relating to his criminal record, in the juvenile's school disciplinary file, or in some other confidential location, restricting access to the file and to its contents to school personnel as deemed necessary and appropriate to meet and adequately address the educational needs of the juvenile and for the destruction of these records upon the juvenile's completion of secondary school, or upon reaching twenty-one years of age. The court shall make and keep records of all cases brought before it and shall devise and cause to be printed forms for social and legal records and other documents as may be required."
SECTION 4. Section 20-7-8510 of the 1976 Code, as amended by Act 384 of 1998, is further amended to read:
"Section 20-7-8510. (A) The court shall make and keep records of all cases brought before it and shall devise and cause to be printed forms for social and legal records and other papers as may be required. The official juvenile records of the courts and the Department of Juvenile Justice are open to inspection only by consent of the judge to persons having a legitimate interest but always must be available to the legal counsel of the juvenile. Except as provided in subsection (B) herein, all information obtained and social records prepared in the discharge of official duty by an employee of the court or Department of Juvenile Justice are confidential and must not be disclosed directly or indirectly to anyone, other than the judge, the child's attorney, or others entitled under this article, or any other article, to receive this information, unless otherwise ordered by the judge. However, These records are open to inspection without the consent of the judge a court order where the records are necessary to defend against an action initiated by a juvenile child.
(B) The Department of Juvenile Justice, if requested, shall provide the victim of a crime with the name and other basic descriptive information about the juvenile charged with the crime and with information about the juvenile justice system, the status and disposition of the delinquency action including hearing dates, times, and locations, and services available to victims of juvenile crime. The name, identity, or picture of a child under the jurisdiction of the court, pursuant to this chapter, must not be provided to or made public by a newspaper or radio or television station except as authorized by order of the court or unless the juvenile has been bound over to a court which would have trial jurisdiction of the offense if committed by an adult or the juvenile has been adjudicated delinquent in family court for:
(1) a violent crime as defined in Section 16-1-60;
(2) grand larceny of a motor vehicle;
(3) a crime in which a deadly weapon was used; or
(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44.
The Director of the Department of Juvenile Justice shall develop policies allowing for the transmission of information that is necessary and appropriate to ensure the provision and coordination of services or assistance to a child under the custody or supervision of the department. This information shall include information required for the admission or enrollment of a child into a program of services, treatment, training, or education. The information may be provided to another department or agency of state or local government, a school district, or a private institution or facility licensed by the state as a child-serving organization. This information may be summarized in accordance with agency policy.
(C) A juvenile charged with committing an offense must be fingerprinted by the law enforcement agency who takes the juvenile into custody if the juvenile is charged with:
(1) a violent crime as defined in Section 16-1-60;
(2) grand larceny of a motor vehicle;
(3) a crime in which a weapon was used; or
(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44.
In addition, a juvenile under criminal investigation may be fingerprinted by a law enforcement agency upon an order from a family court judge for the offenses enumerated above.
A juvenile under criminal investigation or charged with committing an offense other than those enumerated above in this subsection or a status offense may not be fingerprinted by law enforcement except upon order of a family court judge. The fingerprint records of a juvenile must be kept separate from the fingerprint records of adults. The fingerprint records of a juvenile must be transmitted to the files of the State Law Enforcement Division. The fingerprint records of a juvenile must not be transmitted to the files of the Federal Bureau of Investigation or otherwise distributed or provided to another law enforcement agency unless the juvenile is adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60, for grand larceny of a motor vehicle, for a crime in which a weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44. The fingerprint records of a juvenile who is not adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60 for grand larceny of a motor vehicle, for a crime in which a weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44, upon notification to law enforcement, must be destroyed or otherwise expunged by the South Carolina Law Enforcement Division and the law enforcement agency who took the juvenile into custody.
The fingerprints and any record created by the South Carolina Law Enforcement Division as a result of the receipt of fingerprints of a juvenile pursuant to this subsection must not be disclosed for any purpose not specifically authorized by law or by a court order. The fingerprints of a juvenile adjudicated as delinquent for the commission of any of these crimes and any record created as a result of such information must be made available for criminal justice purposes. For the purposes of this section, "criminal justice purposes" means the performance of any activity directly involving the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused or convicted persons or criminal offenders, or the collection, storage, and dissemination of criminal history record information.
The Department of Juvenile Justice may fingerprint and photograph a juvenile upon the filing of a petition, release from detention, release on house arrest, or commitment to a juvenile correctional institution. Fingerprints and photographs taken by the department remain confidential and must not be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for the purpose of aiding the department in apprehending an escapee from the department, assisting the Missing Persons Information Center in the location or identification of a missing or runaway child, in locating and identifying a child who fails to appear in court as summoned or who is the subject of a house arrest order, or except as otherwise provided in this section.
The director is authorized to enter into interagency agreements for the purpose of sharing information about children under the supervision or custody of the department. The agencies entering into these agreements must maintain the confidentiality of the information.
(D) Law enforcement agencies shall maintain admission and release records on juveniles held in either secure or nonsecure custody, or both, which must include the times and dates of admission and release from secure and nonsecure custody and, if appropriate, the times and dates of transfer from one custody status to another.
Reports and recommendations produced by the department for the family court for the purpose of a waiver or dispositional hearing must be disseminated by the agency to the court, the solicitor, the child's attorney, and to the victim.
(E) Peace officers' records of children must be kept separate from records of adults, must not be open to public inspection, and may be open to inspection only by governmental agencies authorized by the judge.
(1) The Department of Juvenile Justice must notify the senior administrator of a public or private school in which a child is enrolled, intends to be enrolled, or was last enrolled when the child is adjudicated delinquent for having committed one of the following offenses:
(a) a violent crime as defined in Section 16-1-60;
(b) a crime in which a weapon as defined in Section 59-63-370 was used;
(c) for assault and battery against school personnel, as defined in Section 16-3-612;
(d) assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity; or
(e) for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44.
(2) School principals of a public or private school may request from the Department of Juvenile Justice the juvenile offense history of any child. Upon such request, the department must provide the child's juvenile offense history to the principal of any school in which the child is enrolled, intends to be enrolled, or was last enrolled.
(3) Each school district is responsible for developing a policy for schools within the district to follow within the district that ensures that the confidential nature of these records and other information received is maintained. This policy must provide for, but is not limited to:
(a) the retention of the child's juvenile offense history, and other information relating to his offense history, in the child's school disciplinary file or in some other confidential location;
(b) access to the child's school disciplinary file and its contents limited to school personnel, as considered necessary and appropriate to meet and adequately address the educational needs of the child; and
(c) the destruction of the child's juvenile offense history upon the child's completion of secondary school, or upon reaching twenty-one years of age.
(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.
When requested, the Department of Juvenile Justice shall provide the victim of a crime with the name and other basic descriptive information about the child charged with the crime including, but not limited to, a photograph; information about the juvenile justice system; the status and disposition of the delinquency action including hearing dates, times, and locations; and services available to victims of juvenile crime.
(G) The Department of Juvenile Justice or the South Carolina Law Enforcement Division, or both, shall provide the Attorney General, a circuit solicitor, or a law enforcement agency a copy of a child's juvenile offense history upon request for criminal justice purposes. This information must not be disseminated except as authorized in Section 20-7-8515. The South Carolina Law Enforcement Division and the Department of Juvenile Justice must maintain the juvenile offense history of a person for the same period as for offenses committed by an adult.
(H) Other information retained by the department may be provided to law enforcement, the Solicitor, the Attorney General, and federal authorities pursuant to an ongoing criminal investigation or prosecution.
(I) The Department of Juvenile Justice may fingerprint and photograph a child upon the filing of a petition, release from detention, release on house arrest, or commitment to a juvenile correctional institution. Fingerprints and photographs taken by the department remain confidential and must not be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for the purpose of aiding the department in apprehending an escapee from the department; assisting the Missing Persons Information Center in the location or identification of a missing or runaway child; locating and identifying a child who fails to appear in court as summoned; or who is the subject of a house arrest order, or except as otherwise provided in this section.
(J) Nothing in this section may be construed to waive any statutory or common law privileges attaching to the department's internal reports or to information contained in the file of a child under the supervision or custody of the department."
SECTION 5. Section 20-7-8515 of the 1976 Code, as added by Act 383 of 1996, is amended to read:
"Section 20-7-8515. Notwithstanding the right of a person to petition the family court pursuant to Section 20-7-8510 for the release of a person's record of juvenile adjudications, upon the request of the Attorney General, a circuit solicitor, or a law enforcement officer which is made pursuant to a current criminal investigation or prosecution, the South Carolina Law Enforcement Division or the Department of Juvenile Justice, or both if requested, shall provide the requesting party with a copy of the juvenile criminal record of a person adjudicated as a juvenile for the commission of a crime. This information shall not be disseminated except as authorized in Section 20-7-8510. The juvenile record of a person must be maintained by the South Carolina Law Enforcement Division and the Department of Juvenile Justice for the same period as for offenses committed by an adult.
(A) Except as provided herein, law enforcement records and information identifying children pursuant to this article are confidential and may not be disclosed directly or indirectly to anyone, other than those entitled under this section to receive this information.
(B) Law enforcement records of children must be kept separate from records of adults. Information identifying a child must not be open to public inspection, but the remainder of such records are public records.
(C) Law enforcement agencies shall maintain admission and release records on children held in either secure or nonsecure custody, or both. The records must include the times and dates of admission and release from secure and nonsecure custody and, if appropriate, the times and dates of transfer from one custody status to another.
(D) Law enforcement information or records of children created pursuant to the provisions of this article may be shared among law enforcement agencies, solicitors' offices, the Attorney General, the Department of Juvenile Justice, the Department of Mental Health, the Department of Corrections, and the Department of Probation, Parole and Pardon Services, and federal authorities for criminal justice purposes without a court order.
(E) Incident reports involving children are to be provided to the victim of a crime pursuant to Section 16-3-1520. Incident reports, including information identifying a child, must be provided by law enforcement to the principal of the child's school when the child has been charged with assault and battery of a high and aggravated nature or a criminal offense that would carry a maximum term of imprisonment of fifteen years or more if committed by an adult or assault and battery against school personnel, as defined in Section 16-3-612. Incident reports involving other offenses must be provided upon request of the principal. This information must be maintained by the principal in the manner set forth in Section 20-7-8510(E) and must be forwarded with the child's permanent school records if the child transfers to another school or school district.
(F) A child charged with an offense may be photographed by the law enforcement agency that takes the child into custody. If the child is taken into secure custody and detained, the detention facility must photograph the child upon admission. These photographs may be disseminated for criminal justice purposes or to assist the Missing Persons Information Center in the location or identification of a missing or runaway child.
(G) A child charged with committing a crime that would carry a maximum term of imprisonment of five years or more if committed by an adult must be fingerprinted by the law enforcement agency that takes the child into custody. If the child is taken into secure custody and detained, the detention facility must fingerprint the child upon admission. In addition, a law enforcement agency may petition the family court for an order to fingerprint a child charged with any other criminal offense or suspected of committing any offense.
(H) The fingerprint records of a child must be kept separate from the fingerprint records of adults. The fingerprint records of a child must be transmitted to the files of the State Law Enforcement Division.
(I) The fingerprint records of a child may be transmitted by the State Law Enforcement Division to the files of the Federal Bureau of Investigation only when the child has been adjudicated delinquent for having committed a crime that would carry a maximum term of imprisonment of five years or more if committed by an adult.
(J) The fingerprint records of a child adjudicated delinquent for a crime that would carry a maximum term of imprisonment of five years or more if committed by an adult must be distributed or provided to another law enforcement agency by the State Law Enforcement Division or the law enforcement agency who took the child into custody for criminal justice purposes or to assist the Missing Person Information Center in the location of identification of a missing or runaway child.
(K) The fingerprints and any record created by the South Carolina Law Enforcement Division as a result of the receipt of fingerprints of a child pursuant to this section must not be disclosed for any purpose not specifically authorized by law or by a court order.
(L) Upon notification that a child has not been adjudicated delinquent for an offense that would carry a maximum term of imprisonment of five years or more_if committed by an adult, the South Carolina Law Enforcement Division and the law enforcement agency who took the child into custody must destroy the fingerprints and all records created as a result of such information.
SECTION 6. Section 20-7-8520 of the 1976 Code, as added by Act 383, is amended to read:
"Section 20-7-8520. (A) A juvenile not previously adjudicated delinquent for committing an offense which would have been a crime if committed by an adult, who has been taken into custody, charged with or adjudicated delinquent for having committed a status offense or a nonviolent criminal offense may petition the family court for an order destroying all official records relating to being taken into custody, the charges filed against the juvenile, the adjudication, and disposition. The granting of the order is discretionary with the court. However, the court may not grant the order unless it finds that the person who is seeking to have the records destroyed is at least eighteen years of age, has fully and successfully completed any dispositional sentence imposed, and has neither been charged nor is currently charged with committing any additional criminal offenses.
The name, identity, or picture of a child under the jurisdiction of the court, pursuant to this chapter, must not be provided to a newspaper or radio or television station unless authorized by order of the court or unless the child has been charged with a crime which would have been within the trial jurisdiction of a court other than the family court had the offense been committed by an adult or the child has been adjudicated delinquent in family court for:
(1) a violent crime as defined in Section 16-1-60;
(2) grand larceny of a motor vehicle;
(3) a crime in which a deadly weapon was used; or
(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44.
(B) Under no circumstances is a person allowed to expunge from the record an adjudication for having committed a violent crime, as that term is defined in Section 16-1-60. When a child is bound over to the jurisdiction of circuit court, the provisions of this section addressing the confidentiality of fingerprints and identity do not apply.
(C) If the order is granted by the court, no evidence of the records may be retained by any law enforcement agency or by any municipal, county, or state agency or department. The effect of the order is to restore the person in the contemplation of the law to the status the person occupied before being taken into custody. No person to whom the order has been entered may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving false statement by reason of failing to recite or acknowledge the charge or adjudication in response to an inquiry made of the person for any purpose.
The provisions of this section do not prohibit the distribution of information pursuant to the provisions of Article 7, Chapter 3 of Title 23.
(D) For purposes of this section, an adjudication is considered a previous adjudication only if it occurred prior to the date the subsequent offense was committed.
SECTION 7. Chapter 7 of Title 20 is amended by adding:
"Section 20-7-8525. (A) A person who has been taken into custody for, charged with, or adjudicated delinquent for having committed a status or a nonviolent offense may petition the family court for an order destroying all official records relating to being taken into custody, the charges filed against the child, the adjudication, and disposition. The granting of the order is discretionary with the court. However, a person may not petition the court if he has a prior adjudication for an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult. In addition, the court may not grant the order unless it finds that the person who is seeking to have the records destroyed is at least eighteen years of age, has fully and successfully completed any dispositional sentence imposed, and has neither been charged nor is currently charged with committing any additional criminal offenses.
(B) An adjudication for a violent crime, as defined in Section 16-1-60, may not be expunged.
(C) If an expungement order is granted by the court, no evidence of the records may be retained by any law enforcement agency or by any municipal, county, or state agency or department. The effect of the order is to restore the person in the contemplation of the law to the status the person occupied before being taken into custody. No person to whom the order has been entered may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving false statement by reason of failing to recite or acknowledge the charge or adjudication in response to an inquiry made of the person for any purpose.
(D) For purposes of this section, an adjudication is considered a previous adjudication only if it occurred prior to the date the subsequent offense was committed."
SECTION 8. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. DELLENEY explained the amendment.
The amendment was then adopted.
Reps. COOPER and LOFTIS requested debate on the Bill.
Upon the withdrawal of a request for debate by Rep. DAVENPORT, the following Bill was taken up:
H. 4003 (Word version) -- Reps. Allen, Martin, Knotts, Rhoad, Simrill, J. Smith, Allison, Altman, Bailey, Bales, Barrett, Battle, Carnell, Clyburn, Cooper, Davenport, Emory, Gamble, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Inabinett, Keegan, Kelley, Kirsh, Law, Lee, Lloyd, Littlejohn, Lourie, Maddox, Mason, McCraw, McGee, McKay, W. McLeod, Meacham-Richardson, Miller, Ott, Phillips, Pinckney, Rodgers, Rutherford, Sandifer, R. Smith, Stille, Stuart, Taylor, Townsend, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon, Young-Brickell and Robinson: A BILL TO AMEND SECTION 20-7-8510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE, RELEASE, AND CONFIDENTIALITY OF JUVENILE RECORDS PURSUANT TO THE JUVENILE JUSTICE CODE, SO AS TO AUTHORIZE RELEASE OF INFORMATION AMONG THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, THE ATTORNEY GENERAL AND OTHER LAW ENFORCEMENT AGENCIES; TO AUTHORIZE THE TRANSMISSION OF RECORDS OF ADJUDICATION AND PENDING CRIMINAL CASES TO A SCHOOL OFFICIAL IF THE JUVENILE IS OR MAY BE A STUDENT AT THE SCHOOL; TO AUTHORIZE FINGERPRINTING OF A JUVENILE CHARGED WITH AN OFFENSE OTHER THAN A STATUS OFFENSE; AND TO AUTHORIZE SHARING OF CERTAIN INFORMATION BETWEEN THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, AND LAW ENFORCEMENT AGENCIES AND VARIOUS HUMAN SERVICES AGENCIES.
The Bill was read second time and ordered to third reading.
On motion of Rep. MADDOX, with unanimous consent, it was ordered that H. 4003 be read the third time tomorrow.
Rep. D. SMITH asked unanimous consent to recall H. 4744 from the Committee on Judiciary.
Rep. SCOTT objected.
On motion of Rep. LIMEHOUSE, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:
H. 3475 (Word version) -- Reps. Limehouse, Cotty, Knotts, Lucas, W. McLeod, Meacham-Richardson, Rhoad, Sharpe, Trotter and Whipper: A BILL TO AMEND ARTICLE 5, CHAPTER 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS IN CONNECTION WITH FINFISH AND CRUSTACEANS, BY ADDING SECTION 50-17-550 SO AS TO ESTABLISH LIMITS ON TAKING DOLPHIN GAME FISH, CORYPHAENA HIPPARUS, ALSO KNOWN AS DORADO OR MAHIMAHI, AND TO PROHIBIT THE HARVEST OR POSSESSION OF THE AQUATIC "GRASS" SARGASSUM, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. ROBINSON, with unanimous consent, withdrew his request for debate on the following Bill:
H. 4797 (Word version) -- Reps. Knotts, Barrett, Battle, H. Brown, Cato, Chellis, Delleney, Edge, Frye, Gamble, Haskins, Hinson, Huggins, Law, Littlejohn, Maddox, Martin, McCraw, Miller, Rice, Sandifer, Seithel, Simrill, R. Smith, Stuart, Taylor, Townsend, Tripp, Whatley, Wilkins, Witherspoon, Davenport, Robinson, McGee, McKay, Loftis, Riser, Meacham-Richardson and Fleming: A BILL TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO REVISE THE DEFINITION OF THE TERMS "PREMISES" AND "PROPERTY"; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO THE CARRYING OF WEAPONS ON SCHOOL PROPERTY, SO AS TO PROVIDE A DEFINITION FOR THE TERM "PROPERTY"; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF A BUSINESS SELLING ALCOHOLIC LIQUORS, BEERS, OR WINES FOR ON PREMISES CONSUMPTION, SO AS TO SUBSTITUTE THE WORD "INTO" FOR "ONTO THE PREMISES OF"; TO AMEND SECTION 23-31-210, RELATING TO DEFINITIONS CONTAINED IN THE LAW ABIDING CITIZEN'S SELF-DEFENSE ACT OF 1996, SO AS TO REVISE THE DEFINITION OF THE TERM "RESIDENT"; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO REDUCE THE NUMBER OF PHOTOGRAPHS OF AN APPLICANT THAT MUST BE SUBMITTED WITH AN INITIAL AND A RENEWAL APPLICATION FOR A CONCEALABLE WEAPON PERMIT, TO REVISE THE RESIDENCY REQUIREMENT CONTAINED IN THE CONCEALABLE WEAPON PERMIT APPLICATION FORM, TO DELETE THE PROHIBITION AGAINST AUTHORIZING A CONCEALABLE WEAPON PERMIT HOLDER TO CARRY A CONCEALABLE WEAPON INTO A CHURCH OR OTHER RELIGIOUS SANCTUARY, AND TO REQUIRE A PERSON WHO SEEKS TO RENEW A CONCEALABLE WEAPON PERMIT TO COMPLETE A ONE-HOUR COURSE THAT PROVIDES LEGAL UPDATES RELATING TO THE CONCEALABLE WEAPON PERMIT LAWS, AND DEMONSTRATE TO SLED THAT HE HAS A PROFICIENCY IN BOTH THE USE OF HANDGUNS AND STATE LAWS PERTAINING TO HANDGUNS, AND PROVIDE THAT ONCE A CONCEALED WEAPON PERMIT HOLDER IS NO LONGER A RESIDENT OF THIS STATE, HIS CONCEALED WEAPON PERMIT MUST BE REVOKED AUTOMATICALLY BY SLED; TO AMEND SECTION 23-31-235, RELATING TO THE CONTENT OF POSTED SIGNS THAT PROHIBIT THE CARRYING OF A CONCEALABLE WEAPON UPON ANY PREMISES, SO AS TO REVISE THE SIZE, CONTENT, AND PLACEMENT OF THESE SIGNS; AND TO AMEND SECTION 51-3-145, AS AMENDED, RELATING TO ACTS THAT MAY NOT BE COMMITTED AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO ALLOW A PERSON WHO POSSESSES A CONCEALABLE WEAPON PERMIT TO POSSESS A CONCEALABLE WEAPON AND ITS AMMUNITION AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
Rep. CATO moved that the House do now adjourn, which was agreed to.
At 11:47 a.m. the House, in accordance with the motion of Rep. ROBINSON, adjourned in memory of Louise Bauknight Jones, to meet at 10:00 a.m. tomorrow.
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