Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

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| Printed Page 4600, Apr. 14 | Printed Page 4620, Apr. 14 |

Printed Page 4610 . . . . . Thursday, April 14, 1994

SECTION . Section 16-3-1410(A) of the 1976 Code is amended to read:

"(A) Provide information, training, and technical assistance to state and local agencies and groups involved in victim/witness and domestic violence assistance, such as the Attorney General's Office, the solicitors' offices, law enforcement agencies, judges, hospital staff, rape crisis centers, and spouse abuse shelters."

SECTION . Section 16-3-1410(G)(1) of the 1976 Code is amended to read:

"(1) The State Victim/Witness Program shall work with the solicitors of this State, the Attorney General's Office, and relevant professional organizations to develop guidelines for solicitors to follow in the handling of victims, to include but not be limited to:"

SECTION . Section 16-3-1550 of the 1976 Code is amended to read:

"Section 16-3-1550. (A) The provisions of this section govern the disposition of any offense within the jurisdiction of the General Sessions Court, excluding any crime for which a sentence of death is sought, in any case which involves an identified victim whose whereabouts are known. At the option of the solicitor, the provisions of this section may also be extended into the family court in conjunction with the prosecution of juvenile offenders.

(B) It is the responsibility of the solicitor's Victim or Witness Assistance Unit in each judicial circuit or a representative designated by the solicitor or law enforcement agency handling the case to advise all victims of their right to submit to the court, orally or in writing at the victim's option, a victim impact statement to be considered by the judge at the sentencing or disposition hearing in general sessions court and at a parole hearing. The solicitor's office or law enforcement agency shall provide a copy of the written form to any victim who wishes to make a written report. In those cases which the solicitor determines that there has been extensive or significant impact on the life of the victim, the Victim or Witness Assistance Unit shall assist the victim in completing the form. The victim shall submit this statement to the solicitor's office within appropriate time limits set by the solicitor to be filed in the court records by the solicitor's office so it may be available to the defense for a reasonable period of time prior to sentencing. The court shall allow the defendant to have the opportunity to rebut the victim's written statement if the court decides to review any part of the statement before sentencing. If the defendant is incarcerated, the solicitor shall forward a copy of the impact statement and copies of all completed Victim/Witness Notification


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Requests to the Department of Corrections and to the Parole and Community Corrections Board. In the case of juvenile offenders, if the solicitor so opts, a copy shall be forwarded to the appropriate office of the Department of Youth Services if the disposition of the case involves any level of supervision by that agency. Solicitors shall begin using these victim impact statements no later than January 1, 1985.

(C) The Attorney General's Office Executive Director of the Commission on Prosecution Coordination, in coordination with the solicitors, shall develop a standard form forms for the victim impact statement, and shall modify these forms as need arises. For this purpose, the Attorney General executive director may seek the assistance of any other state agency or department in developing this form. The Attorney General's office shall distribute this form to all solicitor's offices no later than November 1, 1984.

(D) The victim impact statement shall:

(1) Identify the victim of the offense;

(2) Itemize any economic loss suffered by the victim as a result of the offense;

(3) Identify any physical and psychological injury suffered by the victim as a result of the offense, along with its seriousness and permanence;

(4) Describe any changes in the victim's personal welfare or familial relationships as a result of the offense;

(5) Identify any request for psychological services initiated by the victim or the victim's family as a result of offense;

(6) Contain any other information related to the impact of the offense upon the victim; and

(7) The original of the statement must be included in the court file with one copy for the solicitor and one copy for the victim, upon request.

(E) [Reserved]

(F) No sentence may be invalidated because of failure to comply with the provisions of this section. This section must not be construed to create any cause of action for monetary damages."/

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.


Printed Page 4612 . . . . . Thursday, April 14, 1994

Rep. HODGES proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\GJK\20738SD.94), which was adopted.

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

/SECTION . Article 11, Chapter 1 of Title 13 of the 1976 Code, as added by Section 248 of Act 181 of 1993, is amended to read:

"ARTICLE 11

Advisory Coordinating Council

for Economic Development

Section 13-1-1710. There is hereby created the Advisory Coordinating Council for Economic Development. The membership shall consist of the Director of the Department of Commerce, the Commissioner of Agriculture, the Chairman of the South Carolina Employment Security Commission, the Director of the South Carolina Department of Parks, Recreation and Tourism, the Chairman of the State Board for Technical and Comprehensive Education, the Chairman of the South Carolina Ports Authority, the Chairman of the South Carolina Public Service Authority, the Chairman of the South Carolina Jobs Economic Development Authority, the Chairman of the South Carolina Research Authority, the Chairman of the South Carolina Department of Revenue and Taxation, and the Chairman of the Small and Minority Business Expansion Council. The Director of the Department of Commerce shall serve as the chairman of the advisory coordinating council.

Section 13-1-1720. (A) The advisory coordinating council shall meet at least quarterly. It shall enhance the economic growth and development of the State through strategic planning and coordinating activities which must include:

(1) development and revision of a strategic state plan for economic development. "Strategic state plan for economic development" means a planning document that outlines strategies and activities designed to continue, diversify, or expand the economic base of South Carolina, based on the natural, physical, social, and economic needs of the State;

(2) monitoring implementation of a strategic plan for economic development through an annual review of economic development activities or the previous year and modifying the plan as necessary;

(3) coordination of economic development activities of member agencies of the advisory coordinating council and its advisory committees;

(4) use of federal funds, foundation grants, and private funds in the development, implementation, revision, and promotion of a strategic plan for economic development;


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(5) evaluation of plans and programs in terms of their compatibility with state objectives and priorities as outlined in the strategic plan for economic development.;

(6) administration of the supplemental economic development account from highway set-aside funds as provided by law.

(B) The advisory coordinating council may not engage in the delivery of services.

Section 13-1-1730. The advisory coordinating council shall make reports to the Governor, the chairmen of the Senate Finance and House Ways and Means Committees, and the General Assembly at least annually in the Department of Commerce's annual report on the status and progress of economic development goals which have been set for the State as a part of the ongoing planning process and on the commitments, expenditures, and balance of the Economic Development Account, with appropriate recommendations.

Section 13-1-1740. (A) The advisory coordinating council shall make recommendations to the Governor, the General Assembly, and the State Budget and Control Board as to the policies and programs involved in the state's economic development it considers necessary to carry out the objectives of the strategic plan.

(B) The advisory coordinating council shall review agency requests for legislative appropriations for economic development and may make recommendations to the Budget and Control Board and the General Assembly concerning requests compatible with the objectives of the strategic plan. Nothing in this section limits an agency's direct access to the General Assembly, and comment by the advisory coordinating council is not a part of the budget process.

Section 13-1-1750. Funds for technical, administrative, and clerical assistance and other expenses of the advisory coordinating council must be provided by the member agencies. The advisory coordinating council may establish technical advisory committees in order to assist in the development of a strategic plan for economic development. The advisory coordinating council shall seek to utilize data relevant to the economic growth and development of the State which is available from the Department of Transportation, the University of South Carolina, Clemson University, and other state agencies and organizations.

Section 13-1-1760. If any provision of Sections 13-1-1710 through 13-1-1760 is in conflict with any existing provisions of law pertaining to the member agencies of the advisory coordinating council, notwithstanding the fact that the provisions of law contained in Sections 13-1-1710 through 13-1-1760 have a later effective date, the prior provision controls. Neither


Printed Page 4614 . . . . . Thursday, April 14, 1994

Sections 13-1-1710 through 13-1-1760 nor the advisory coordinating council shall infringe upon nor diminish the self-governing autonomy of the agencies involved./

/SECTION . The 1976 Code is amended by adding:

"Section 41-3-15. The Department of Labor, Licensing and Regulation shall provide such legal services to all divisions and components falling under its jurisdiction and purview as are now or were formerly provided by the office of the Attorney General."/

/SECTION . Section 57-1-110 of the 1976 Code which was repealed by Act 181 of 1993 is reenacted to read:

"Section 57-1-110. Before a county or municipal corporation municipality may accept a deed to a newly-constructed road or agree to maintain a newly-constructed road it shall obtain an affidavit from the donor and the contractor who constructed the road that all construction costs have been paid and that the road is free of all encumbrances. Provided, however, However, a county council or city council may, in its discretion, may waive the requirement of an affidavit under this section.

A donor or contractor who knowingly submits a false affidavit affirming that all construction costs have been paid for a road or that a road is free of all encumbrances, or both, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

For the purposes of this section, a `newly-constructed road' is one which has been completed within two years of the date of the city's or county's consideration of whether to accept the deed or to maintain a newly-constructed road."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Rep. HODGES proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\N05\7769BDW.94), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __. A. Section 1-30-75 of the 1976 Code, as added by Section 1, Act 181 of 1993, is further amended to read:

"Section 1-30-75. Effective on July 1, 1994, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all


Printed Page 4615 . . . . . Thursday, April 14, 1994

contractual rights and obligations associated with any such the agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in, and shall must be administered as part of the Department of Natural Resources to. The department must be initially divided initially into divisions for Geological Mapping and State Geologist, Land Resources Conservation, Water Resources, Marine Resources, Wildlife and Freshwater Fish Fisheries, and State Natural Resources Enforcement; Provided. The South Carolina Wildlife and Marine Resources Commission Board, as constituted on June 30, 1993, and thereafter after that time, under the provisions of Section 50-3-10 et. seq. shall be is the governing authority for the department:

(A)(1) Geological Mapping Survey of the Research and Statistical Services Division of the Budget and Control Board, to include the State Geologist, formerly provided for at Section 1-11-10, et seq.;

(B)(2) State Land Resources Conservation Commission, less the regulatory division, formerly provided for at Section 48-9-10, et seq.;

(C)(3) South Carolina Migratory Waterfowl Commission, formerly provided for at Section 50-11-20, et seq.;

(D)(4) Water Resources Commission, less the regulatory division, formerly provided for at Section 49-3-10, et seq.;

(E)(5) South Carolina Wildlife and Marine Resources Commission, formerly provided for at Section 50-3-10, et seq."

B. Chapter 22, Title 48 of the 1976 Code, as added by Section 1228, Act 181 of 1993, is amended to read:

"CHAPTER 22

The State Geologist and South Carolina Geological

Mapping Survey Division of the Department

of Natural Resources Division

Section 48-22-10. The State Geologist and South Carolina Geological Mapping Survey Division, is hereby created and shall be established under the direction of the Department of Natural Resources. The division is under the direction of the State Geologist shall who must be appointed by the Director of the Department of Natural Resources. He shall must have graduated from an accredited college or university with a full curriculum in geology and shall have had at least five years of practical work experience, academic, governmental, or industrial, in geology.

Section 48-22-20. The powers and duties provided for the State Geologist and South Carolina Geological Mapping Survey of the Division of Research and Statistical Services of the Budget and Control Board are devolved upon the Department of Natural Resources. All property, equipment and personal services monies, including all employee


Printed Page 4616 . . . . . Thursday, April 14, 1994

contributions and other fringe benefits used by the Geological Survey within the Division of Research and Statistical Services of the Budget and Control Board prior to the adoption of before this section shall be takes effect are transferred to the Department of Natural Resources. The South Carolina Geodetic Survey must remain with the Division of Research and Statistical Services as the South Carolina Geodetic Survey. All property, equipment, and personal services monies, including all employee contributions and other fringe benefits used by the Geodetic Survey, must remain with the Division of Research and Statistical Services.

Section 48-22-30. The State Geologist shall have has supervision of the entire work of the division and shall be is responsible for its accuracy.

(1) He shall:
(a) travel throughout the State so as to make himself familiar with the geology and mineral resources of each section, of the division and supervise work in progress;

(b) shall undertake such field and laboratory work as his time will permit permits;

(c) and shall perform such other duties as that properly pertain to his office.

(2) He may, As directed by the department, he may employ geologists, technicians, and such other personnel as may be necessary to conduct the objectives of the division.

Section 48-22-40. In addition to such other duties as may be assigned to it, the division shall:

(1) shall conduct field and laboratory studies in geologic reconnaissance, mapping, prospecting for mineral resources, and related gathering of surface and subsurface data. Investigative areas shall include offshore, as well as all and onshore, lands in this State.;

(2) shall provide geologic advice and assistance to other state and local governmental agencies engaged in environmental protection, or in industrial or economic development projects. In addition, the division shall must be involved actively involved in geologic aspects of regional planning and effective land use in the State.;

(3) shall encourage economic development in the State by disseminating published geologic information as bulletins, maps, economic reports, and related series, and also open-file reports, to appropriate governmental agencies and private industry. The division is further encouraged further to initiate and maintain appropriate industrial contacts, to promote both the extraction and conservation of South Carolina's earth raw materials, and their manufacture, to the economic improvement of the State.;


Printed Page 4617 . . . . . Thursday, April 14, 1994

(4) shall provide unsolicited advice, when appropriate, to the Mining Council and its associated state regulatory agency, on geologic and related mining matters in keeping with the intent of the South Carolina Mining Act.;

(5) shall operate and maintain a central, statewide repository for rock cores, well cuttings and related subsurface samples, and all associated supplemental data. Private firms and public agencies are encouraged to notify the division prior to any before exploratory or developmental drilling and coring.;

(6) must be the state's official cooperator on topographic mapping; provided, that. The federal expenditure for such purposes shall this purpose at least must equal that of the State, and. The division may conduct cooperative work with appropriate agencies of the United States Government in its geologic activities and investigations.;

(7) shall provide a minerals research laboratory, related to the identification, extraction, and processing of industrial minerals and minerals of economic potential wherever found throughout the onshore and offshore areas of the State. The minerals research laboratory is encouraged to accept mineral research projects from South Carolina businesses or citizens on a per cost, per unit basis and to encourage expended use of the raw materials of the State. The minerals research laboratory may accept public and private gifts or funds and may enter into cooperative agreements for the purpose of applied research in the metallic and nonmetallic minerals of this State.

Section 48-22-50. The division shall maintain all unpublished information in its files which shall must be open to the public, except in cases where the investigator still has work in progress on a project leading to a publication; or where an industrial firm, interested in possibly locating in the State, asks temporary confidential status for oral and written geologic related information supplied by them or obtained on their properties. In the latter instance such the information may be held in confidence by the division for not more than one year from the date such the information was obtained.

Section 48-22-60. The division shall work impartially for the benefit of the public, and no person, firm, or governmental agency may call upon or require the State Geologist or his staff to enter upon any a special survey for his or their special benefit.

Section 48-22-70. The South Carolina Geodetic Survey established within the Division of Research and Statistical Services of the Budget and Control Board is hereby transferred to the Department of Natural Resources. The Geodetic Survey is constituted as part of the State


Printed Page 4618 . . . . . Thursday, April 14, 1994

Geologist and Geological Mapping Division. The division shall establish horizontal and vertical geodetic control within the State at a density that will effectively provide land and land-related items and records to be referenced to the national horizontal and vertical coordinate system, ensure the accuracy and integrity of new geodetic data entered into the state and national reference system, maintain geodetic files for the State, and disseminate geodetic information as necessary.

Section 48-22-80. The division, under the auspices of the department, shall have the responsibility of coordinating mapping activities in the State to ensure that mapping products are compatible with the South Carolina Coordinate System. As part of this activity, the division shall establish, develop, and promulgate standards for maps and map products to ensure quality, accuracy, and compatibility of mapping products, encourage the development of accurate mapping systems that are compatible with and suitable for incorporation into a standardized statewide mapping system, develop, maintain, and administer programs for funding qualified mapping projects, and serve as the focal point for federal, state, and local mapping programs and activities in South Carolina.

Section 48-22-90. Where county boundaries are ill-defined, unmarked, or poorly marked, the South Carolina Geodetic Survey on a cooperative basis shall assist counties in defining and monumenting the locations of county boundaries and positioning the monuments using geodetic surveys. The South Carolina Geodetic Survey shall act as a mediator between counties to resolve county boundary disputes."

C. This section takes effect July 1, 1994./

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of amendments.

RATIFICATION OF ACTS

At 11:45 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R343) S. 1048 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: AN ACT TO AMEND SECTION 40-73-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE


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ANNUAL REPORTS REQUIRED OF OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS, SO AS TO PROVIDE THAT COPIES OF THE REPORTS MUST BE MAINTAINED AT ALL TIMES AND MUST BE AVAILABLE FOR PUBLIC INSPECTION WITHIN THE OFFICES OF THE BUDGET AND CONTROL BOARD, RATHER THAN THE OFFICES OF THE SECRETARY OF STATE.

(R344) S. 1105 -- Senator Leatherman: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE FLORENCE COUNTY VISITOR INFORMATION CENTER.

(R345) S. 954 -- Senators Leventis, Martin, Land, Peeler, Holland and Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 48 SO AS TO AUTHORIZE PRESCRIBED FIRES TO BE CONDUCTED UNDER CERTAIN CONDITIONS, DEFINE TERMS, PROVIDE FOR PROMULGATION OF REGULATIONS, LIMIT RELATED LIABILITY, AND PROVIDE FOR PRESCRIBED FIRES CONDUCTED WITHOUT A PRESCRIBED FIRE MANAGER.

(R346) S. 926 -- Senators Giese, Passailaigue, Glover, Elliott, Hayes, Holland, Lander, Mitchell, O'Dell, Reese, Russell, Short, Stilwell, Waldrep, Washington, Wilson, Rose, Leventis and Martin: AN ACT TO AMEND CHAPTER 36, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, RELATING TO THE ALZHEIMER'S DISEASE REGISTRY, SO AS TO CREATE THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER IN THE OFFICE OF THE GOVERNOR, DIVISION ON AGING, AND TO PROVIDE FOR ITS DUTIES AND AN ADVISORY COUNCIL; TO RENAME CHAPTER 36, TITLE 44; AND TO DESIGNATE SECTIONS 44-36-10 THROUGH 44-36-30 AS ARTICLE 1 OF CHAPTER 36, TITLE 44; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE A REFERENCE TO CONFORM TO THE GOVERNMENT RESTRUCTURING ACT OF 1993.

(R347) S. 520 -- Senators Thomas and Wilson: AN ACT TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, QUALIFICATIONS,


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IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO SPECIFY THE MAXIMUM SIZE AND SIZE OF LETTERING ON IDENTIFICATION BADGES AND TO PROHIBIT BADGES IN FLUORESCENT COLORS AND TO AMEND SECTION 7-25-180, AS AMENDED, RELATING TO THE DISTRIBUTION OF CAMPAIGN LITERATURE ON ELECTION DAY WITHIN TWO HUNDRED FEET OF A BUILDING WHERE A POLLING PLACE IS LOCATED, SO AS TO AUTHORIZE A CANDIDATE TO APPEAR AND GREET VOTERS IF HE IS NOT INTIMIDATING, AND TO PROVIDE THAT THE CANDIDATE MAY WEAR A LABEL IDENTIFYING HIMSELF AS A CANDIDATE AND THE OFFICE HE IS SEEKING AND PROVIDE CONDITIONS ON THE WEARING OF THE LABEL.


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