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| H. 4819 -- Ways and Means Committee: A JOINT RESOLUTION TO PROVIDE, FOR 1994 ONLY, NOTWITHSTANDING THE PROVISIONS OF SECTION 2-7-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, THAT STATE CAPITAL IMPROVEMENT BONDS MAY BE AUTHORIZED BY THE GENERAL ASSEMBLY ONLY FOR THE PURCHASE OF SCHOOL BUSES.
Without reference.
H. 4823 -- Rep. Hodges: A BILL TO AMEND SECTION 58-3-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PANEL OF THE PUBLIC SERVICE COMMISSION HEARING PROPOSED RATE CHANGES FOR CASES INVOLVING HEAT, WATER, SEWERAGE COLLECTION AND DISPOSAL, STREET RAILWAY SERVICE, AND SMALL TELEPHONE COMPANIES, SO AS TO PROVIDE THAT THESE CASES MAY BE HEARD BY A PANEL OF THE COMMISSION OR BY THE FULL COMMISSION.
Referred to Committee on Judiciary.
H. 4824 -- Rep. Hodges: A BILL TO AMEND SECTION 7-13-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT WHERE POSSIBLE, POLL MANAGERS MUST BE ASSIGNED TO WORK IN THE PRECINCTS WHERE THEY RESIDE AND REQUIRE THAT ONE WEEK PRIOR TO THE PRIMARY COUNTY ELECTION, COMMISSIONS SHALL DELIVER TO EACH POLITICAL PARTY HOLDING A PRIMARY A LIST OF THE POLL MANAGERS ASSIGNED TO EACH PRECINCT.
Referred to Committee on Judiciary.
H. 4826 -- Reps. Allison and Lanford: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE GOVERNING BODY OF A SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICT, SO AS TO AUTHORIZE A SUBSISTENCE ALLOWANCE EQUAL TO THE
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 778 -- Senator Setzler: A BILL TO AMEND SECTION 59-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM HOURS AND USE OF THE SCHOOL DAY, SO AS TO PROVIDE THAT THE REQUIRED INSTRUCTIONAL DAY OF SIX HOURS MAY ALSO CONSIST OF A WEEKLY EQUIVALENT AND TO PROVIDE AN APPROVAL PROCEDURE FOR THE EARLY DISMISSAL OF SCHOOLS NECESSITATED BY EMERGENCY CONDITIONS AND THAT THE DAYS MISSED ARE NOT REQUIRED TO BE MADE UP IF THE EARLY DISMISSAL IS APPROVED.
Referred to Committee on Education and Public Works.
The following was introduced:
H. 4825 -- Reps. Allison, Cromer, Beatty, Robinson, Wells, Snow, Walker, Littlejohn, Wright, Vaughn, Cato, Lanford, Cooper, D. Smith, Davenport and Meacham: A HOUSE RESOLUTION EXTENDING AN INVITATION TO THE 1994 MISS SOUTH CAROLINA CONTESTANTS TO VISIT THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 27, 1994, AND EXTENDING THEM THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES AT 10:30 A.M. ON THAT DATE FOR THE PURPOSE OF BEING RECOGNIZED.
The Resolution was ordered referred to the Committee on Rules.
The roll call of the House of Representatives was taken resulting as
follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, J. Baker Baxley Beatty Boan Breeland Brown, G. Brown, H. Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Cromer
Davenport Delleney Fair Farr Fulmer Gamble Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Hines Hodges Houck Hutson Jaskwhich Jennings Keegan Kennedy Keyserling Kinon Kirsh Klauber Lanford Law Littlejohn Marchbanks McAbee McCraw McKay McMahand McTeer Meacham Neal Neilson Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Sturkie Trotter Tucker Vaughn Waites Walker Wells Whipper White Wilder, D. Wilder, J. Wilkins Williams Witherspoon Wofford Worley Wright Young, R.STATEMENT OF ATTENDANCE I came in after the roll call and was present for the Session on Thursday, February 24. Joe E. Brown Terry E. Haskins Robert A. Barber, Jr. Ronald P. Townsend George H. Bailey Mark Kelley Olin R. Phillips Paula H. Thomas Alma W. Byrd Dave C. Waldrop, Jr. Larry L. Elliott Timothy C. Wilkes E.B. McLeod, Jr. Thomas E. Huff James G. Mattos Bessie Moody-Lawrence Stephen E. Gonzales John G. Felder
Annette Young Joseph T. McElveen, Jr. Richard M. Quinn, Jr. Larry L. Koon
The SPEAKER granted Rep. MOODY-LAWRENCE a temporary leave of absence.
The SPEAKER granted Rep. INABINETT a leave of absence for the day.
The SPEAKER granted Rep. STODDARD a leave of absence for the remainder of the day.
I was not present during the Session but arrived in time to attend the Committee meetings on Thursday, February 24.
Morgan Martin
Announcement was made that Dr. Thomas E. Gibbons from Isle of Palms is the Doctor of the Day for the General Assembly.
Rep. KLAUBER and the Greenwood Delegation presented to the House the Lander University Senators Men's Tennis Team and coach, winners of the 1993 NCCA Division II National Championship.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4800 -- Reps. R. Smith, Sharpe, Stone, Huff and Rudnick: A BILL TO AMEND ACT 476 OF 1969, AS AMENDED, RELATING TO CREATION OF THE VALLEY PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT AIKEN COUNTY COUNCIL SHALL DRAW THE BOUNDARIES FOR THE AUTHORITY'S SERVICE AREA.
S. 289 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976,
Rep. HODGES explained the Bill.
H. 4475 -- Reps. Snow and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-135 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MUST NOTIFY IN WRITING EACH MEMBER OF THE GENERAL ASSEMBLY IN WHOSE HOUSE OR SENATORIAL DISTRICT A HIGHWAY PROJECT IS OR IS TO BE LOCATED WHEN A PUBLIC HEARING OR PUBLIC MEETING CONCERNING THE PROJECT IS TO BE CONDUCTED AT LEAST TEN DAYS PRIOR TO THE HEARING OR MEETING.
H. 4460 -- Rep. McTeer: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING PRIOR SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT SERVICE CREDIT MAY BE ESTABLISHED FOR MATERNITY LEAVE AS PROVIDED BY LAW IF THE MEMBER APPLIED FOR REEMPLOYMENT WITHIN TWO YEARS OF GOING ON MATERNITY LEAVE AND WAS REHIRED WITHIN TWO AND ONE-HALF YEARS OF THE BEGINNING OF THE LEAVE.
Rep. McTEER explained the Bill.
S. 950 -- Senators Setzler, Lander, Reese and Washington: A JOINT RESOLUTION TO PROVIDE THAT FROM CERTAIN FEDERAL FUNDS AUTHORIZED TO SOUTH CAROLINA UNDER THE CARL PERKINS VOCATIONAL AND APPLIED TECHNOLOGY AND EDUCATION ACT, THE STATE DEPARTMENT OF EDUCATION, FOR FISCAL YEAR 1993-94, MUST ALLOCATE $118,000 TO
H. 4703 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION, CLEMSON UNIVERSITY, RELATING TO THE IMPORTATION OF POULTRY INTO SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1692, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4704 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION, CLEMSON UNIVERSITY, RELATING TO TUBERCULOSIS TESTING OF CATTLE IMPORTED INTO SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1693, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4705 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION, CLEMSON UNIVERSITY, RELATING TO QUARANTINE OF GARBAGE FED SWINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1694, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. McTEER, with unanimous consent, it was ordered that H. 4460 be read the third time tomorrow.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 520 -- Senators Thomas and Wilson: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO SPECIFY THE MAXIMUM SIZE AND SIZE OF LETTERING ON
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3518 -- Rep. R. Young: A BILL TO AMEND SECTION 30-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITE FOR RECORDING A DEED OR INSTRUMENT IN WRITING, SO AS TO ELIMINATE THE REQUIREMENT OF AN AFFIDAVIT AND ACKNOWLEDGEMENT.
H. 3747 -- Reps. Wilkins, Hodges and Huff: A BILL TO AMEND SECTION 61-13-287, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OR GIFT OF BEER, WINE, OR ALCOHOLIC LIQUOR TO A PERSON UNDER TWENTY-ONE YEARS OF AGE, SO AS TO DELETE THE REFERENCES TO GIVING AND CONSUMPTION, PROVIDE FOR THE SECTION TO APPLY TO THE TRANSFER OF POSSESSION, AND REVISE THE EXCEPTIONS.
Rep. RHOAD moved to adjourn debate upon the following Bill until Thursday, March 10, which was adopted.
H. 4481 -- Reps. Snow, Inabinett and Riser: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST TAKING STRIPED BASS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE LENGTH OF THE STRIPED BASS PROHIBITION AND THE RESTRICTED AREA IN THE SANTEE RIVER AND PROVIDE FOR A RESTRICTION IN THE TAILRACE CANAL AND THE COOPER AND WANDO RIVERS.
Rep. CROMER moved to adjourn debate upon the following Bill until Thursday, March 3, which was adopted.
H. 4320 -- Reps. Cromer, Walker, Snow and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
The following Bill was taken up.
H. 3051 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-15 SO AS TO AUTHORIZE MAGISTRATES TO ISSUE AND ENFORCE TEMPORARY RESTRAINING ORDERS OF NOT MORE THAN SIXTY DAYS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20330SD.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 3 of Title 22 of the 1976 Code is amended by adding:
Section 22-3-1510. This article may be cited as the `Magistrate Court Restraining Order Act.'
Section 22-3-1520. As used in this article:
(1) `Abuse' means:
(a) physical harm, bodily injury, assault, the threat of physical harm, the destruction of personal property, or damages to real property;
(b) sexual criminal offenses, as defined by statute;
(2) `Family or household member' means spouses, former spouses, parents, children, and persons related by consanguinity or affinity within the second degree.
(3) `Court' means the magistrate court.
(4) `Petitioner' means the person alleging abuse in a petition for a magistrate court restraining order.
(6) `Magistrate court restraining order' means an order issued to protect the petitioner or minor family or household members from the abuse of another person, where the respondent has received notice of the proceedings and has had an opportunity to be heard.
Section 22-3-1530. (A)A magistrate may issue a magistrate court restraining order granting only the relief provided by Section 22-3-1560.
A person violating the terms and conditions of an order of protection issued under this article is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
(B) Actions for a magistrate court restraining order must be filed in the county in which the:
(1) respondent resides at the time of commencement of the action; or
(2) petitioner resides if the respondent is a nonresident of this State or if he is not found after due diligence.
Section 22-3-1540. A petition for a magistrate court restraining order is created to be used in cases of abuse. A petition for relief under this section:
(1) may be made by a person in need of protection from the actions of another person or from threats by another person of physical harm or harm to that person's personal or real property, or by a family or household member on behalf of a minor family or household member in need of protection from the actions of another person or from threats by another person of physical harm or harm to that person's personal or real property;
(2) must be verified and must allege the existence of abuse stating the specific time, place, and details of the abuse and other facts and circumstances upon which relief is sought;
(3) must inform the respondent of the right to retain counsel.
Section 22-3-1550. (A)A hearing must be held within fifteen days of the filing of a petition for a magistrate court restraining order, unless an emergency hearing is held earlier as provided in subsection (B). A magistrate shall cause a copy of the petition and requests or attachments to be served upon the respondent at least five days before the hearing, except as provided in subsection (B), in the same manner required for service in the circuit courts. Where service is not accomplished five days before the hearing, the respondent, upon motion, is entitled to a continuance to provide for compliance with this section.
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