1994 Permanent House Journal Printed Pages 5400-5409 - South Carolina Legislature Online

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

Page Finder Index

Printed Page 5390, Apr. 28 | Printed Page 5410, Apr. 28

Printed Page 5400 . . . . . Thursday, April 28, 1994

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 27, by the Committee on Medical, Military, Public and Municipal Affairs.

The amendment was then adopted.

Rep. ROBINSON moved that the House recur to the Morning Hour, which was rejected by a division vote of 18 to 67.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of amendments.

H. 5058--SENT TO THE SENATE

The following Bill was taken up.

H. 5058 -- Judiciary Committee: A BILL TO ENACT THE SCHOOL SAFETY AND JUVENILE JUSTICE REFORM ACT OF 1994 INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DIRECTING THE DEPARTMENT OF JUVENILE JUSTICE TO DEVELOP A LONG-TERM PLAN FOR THE PROVISION OF SERVICES TO JUVENILE OFFENDERS; TO ADD SECTION 20-7-753 SO AS TO AUTHORIZE THE FAMILY COURT TO DESIGNATE A LEAD STATE AGENCY TO CONDUCT A FAMILY ASSESSMENT AND RECOMMEND A SERVICE PLAN FOR FAMILIES WHEN A CHILD IS BROUGHT BEFORE THE FAMILY COURT IN A JUVENILE DELINQUENCY PROCEEDING; TO REQUIRE THE COURT TO REVIEW THE ASSESSMENT AND ADOPT A PLAN THAT WILL SERVE THE BEST INTERESTS OF THE CHILD; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO ORDER PARENTS OF A CHILD

Printed Page 5401 . . . . . Thursday, April 28, 1994

BROUGHT BEFORE THE COURT ON A DELINQUENCY MATTER TO COOPERATE WITH AND PARTICIPATE IN A PLAN ADOPTED BY THE COURT TO SERVE THE BEST INTERESTS OF THE CHILD; TO AMEND SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL SERVICES FOR JUVENILES, SO AS TO REQUIRE THE DEPARTMENT OF JUVENILE JUSTICE TO PROVIDE EDUCATIONAL SERVICES TO PREADJUDICATORY JUVENILES IN ITS CUSTODY; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO WEAPONS ON SCHOOL PROPERTY, SO AS TO INCREASE THE FINE FROM ONE THOUSAND DOLLARS TO THREE THOUSAND DOLLARS FOR A VIOLATION; TO AMEND SECTION 20-7-390, RELATING TO THE DEFINITION OF "CHILD", SO AS TO REVISE THIS DEFINITION WITH REGARD TO CERTAIN CRIMES; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JURISDICTION OF JUVENILES FROM ONE COURT TO ANOTHER SO AS TO REVISE THE REQUIREMENTS FOR TRANSFERRING JURISDICTION; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO DETENTION AND CUSTODY OF A CHILD FOUND VIOLATING THE LAW, SO AS TO PROVIDE THAT A CHILD IN POSSESSION OF A DEADLY WEAPON MAY BE DETAINED IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE FOR RELEASE FROM DETENTION; TO AMEND SECTION 20-7-1330, AS AMENDED, RELATING TO DISPOSITION OF A CHILD BEFORE THE COURT ON A DELINQUENCY MATTER, SO AS TO AUTHORIZE THE COURT TO ORDER A DETERMINATE SENTENCE FOR A JUVENILE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 24-19-10, RELATING TO DEFINITIONS PERTAINING TO THE CORRECTION AND TREATMENT OF YOUTHFUL OFFENDER; TO AMEND SECTION 59-63-32, RELATING TO REQUIREMENTS FOR ENROLLING A CHILD IN PUBLIC SCHOOL, SO AS TO PROVIDE FOR THE TRANSFER OF RECORDS IF A CHILD HAS PREVIOUSLY ATTENDED ANOTHER SCHOOL; TO AMEND SECTION 59-63-210, RELATING TO GROUNDS FOR EXPULSION AND SUSPENSION OF PUPILS, SO AS TO REQUIRE EXPULSION FROM SCHOOL IF THE PUPIL IS CONVICTED OF COMMITTING CERTAIN CRIMES; TO AMEND TITLE 59, RELATING TO EDUCATION, SO AS TO ADD CHAPTER 66 "SCHOOL SAFETY" WHICH REQUIRES SCHOOLS TO RETAIN DISCIPLINARY RECORDS AND PROVIDES FOR THE USE OF THESE RECORDS; ESTABLISHES FUNDS FOR SCHOOL

Printed Page 5402 . . . . . Thursday, April 28, 1994

SAFETY COORDINATORS AND PROCEDURES FOR APPLYING FOR AND DISTRIBUTING THESE FUNDS; REQUIRES ONE HANDHELD METAL DETECTOR IN EACH MIDDLE, JUNIOR HIGH, AND HIGH SCHOOL; REQUIRES PROMULGATION OF REGULATIONS ESTABLISHING MINIMUM REQUIREMENTS FOR PLANNING AND CONSTRUCTING SCHOOL FACILITIES; REQUIRES ESTABLISHMENT OF A CURRICULUM FOR TEACHING PEACEFUL CONFLICT RESOLUTION AND NONVIOLENT LIVING; REQUIRES DEVELOPMENT AND PILOT TESTING OF ALTERNATIVE EDUCATIONAL PROGRAMS FOR STUDENTS WHO ARE A THREAT TO SCHOOL SAFETY; REQUIRES EACH SCHOOL TO DEVELOP AND HAVE APPROVED A COMPREHENSIVE SCHOOL SAFETY PLAN; ESTABLISHES A SCHOOLHOUSE SAFETY RESOURCE CENTER WITHIN THE DEPARTMENT OF EDUCATION; ESTABLISHES A JOINT PILOT PROJECT FOR SCHOOL BASED COUNSELING BY THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF EDUCATION; TO ADD SECTION 59-17-130 SO AS TO DIRECT SCHOOL DISTRICTS TO ENCOURAGE PARENTS TO BECOME INVOLVED IN THEIR CHILDREN'S EDUCATION INCLUDING OFFERING SERVICES AND REFERRALS TO FAMILIES AND CHILDREN IN NEED OF ASSISTANCE; TO ADD SECTION 59-26-90 SO AS TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE REGULATIONS PROVIDING THAT THE PRIMARY RESPONSIBILITY OF GUIDANCE COUNSELORS IS TO COUNSEL STUDENTS AND WORK WITH PARENTS AND TEACHERS; TO AMEND SECTION 20-7-20, RELATING TO THE STATE CHILDREN'S POLICY, SO AS TO PROVIDE THAT PROVIDING AN EDUCATION IS OF PARAMOUNT INTEREST AND THAT OFFICIALS SHALL DO EVERYTHING WITHIN THEIR AUTHORITY TO CARRY OUT SCHOOL ATTENDANCE LAWS AND PREVENT NONATTENDANCE; TO ADD SECTION 20-7-1352 SO AS TO REQUIRE SCHOOL ATTENDANCE AND APPROPRIATE BEHAVIOR AS AN INTEGRAL PART OF ALL PROBATION ORDERS; TO ADD SECTION 20-7-1353 SO AS TO REQUIRE PROBATION AND PAROLE COUNSELORS TO ASSIST IN REENROLLMENT OF CHILDREN RELEASED FROM CONFINEMENT AND TO REPORT ANY SCHOOL'S REFUSAL TO ENROLL A CHILD; TO ADD SECTION 59-65-55 SO AS TO PROVIDE THAT IF A STUDENT TRANSFERS TO ANOTHER SCHOOL DISTRICT, THE RECORDS AND PLANS FOR THAT STUDENT REGARDING TRUANCY BEHAVIOR ALSO

Printed Page 5403 . . . . . Thursday, April 28, 1994

MUST BE FORWARDED TO THE RECEIVING SCHOOL DISTRICT; TO AMEND SECTION 59-65-20, RELATING TO THE PENALTY FOR FAILURE TO ENROLL OR CAUSE A CHILD TO ATTEND SCHOOL, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES FOR REPORTING AND PROSECUTING VIOLATIONS OF THIS SECTION; TO AMEND SECTION 59-65-50, RELATING TO THE NONATTENDANCE AT SCHOOL REPORTED TO THE COURTS AND THE SOLICITOR HAVING JURISDICTION OF JUVENILES, SO AS TO REVISE THE MANNER IN WHICH, CONDITIONS UNDER WHICH, AND PROCEDURES UNDER WHICH THESE REPORTS ARE MADE; TO AMEND SECTION 59-65-60, RELATING TO COURT PROCEDURES UPON RECEIPT OF REPORTS OF NONATTENDANCE AT SCHOOL, SO AS TO REVISE THESE PROCEDURES AND THE ACTION NEEDED TO BE TAKEN IN REGARD TO THE CHILD; AND TO PROVIDE THAT CERTAIN PROVISIONS DO NOT EFFECT THE EXCEPTIONS TO COMPULSORY SCHOOL ATTENDANCE LAWS AND HOME-SCHOOLING PROGRAMS; TO ADD SECTION 20-7-1351 SO AS TO AUTHORIZE THE FAMILY COURT TO ORDER PARENTS OF CHILDREN IN NEED OF SERVICES TO PREVENT VIOLENT BEHAVIOR TO APPEAR, TO ORDER FAMILY ASSESSMENT AND TREATMENT, AND TO HOLD A PARENT IN CONTEMPT FOR FAILURE TO COMPLY WITH A COURT ORDER; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO DETENTION, CUSTODY, AND RECORDS OF A CHILD FOUND VIOLATING THE LAW, SO AS TO REVISE WHAT RECORDS ARE OPEN TO THE PUBLIC, AND TO REQUIRE A LAW ENFORCEMENT OFFICER TAKING A CHILD INTO CUSTODY TO NOTIFY THE PRINCIPAL OF THE SCHOOL OF THE NATURE OF THE OFFENSE; TO AMEND SECTION 20-7-770, AS AMENDED, RELATING TO RELEASE OF A JUVENILE'S RECORD, SO AS TO INCLUDE ADDITIONAL OFFENSE FOR WHICH RECORDS MAY BE RELEASED AND TO DIRECT THE DEPARTMENT OF JUVENILE JUSTICE TO MAINTAIN JUVENILE RECORDS FOR A CERTAIN PERIOD OF TIME; TO AMEND SECTION 20-7-780, RELATING TO RECORDS, FINGERPRINTING, AND PHOTOGRAPHS OF JUVENILES, SO AS TO FURTHER PROVIDE UNDER WHAT CIRCUMSTANCES RECORDS ARE OPEN TO THE PUBLIC, THE IDENTITY OR PICTURE OF A CHILD MAY BE PUBLISHED BY THE MEDIA, FINGERPRINTS MAY BE TAKEN, AND RECORDS MAY BE TRANSFERRED TO OTHER LAW ENFORCEMENT

Printed Page 5404 . . . . . Thursday, April 28, 1994

AGENCIES; TO AMEND SECTION 20-7-1335, RELATING TO DESTRUCTION OF JUVENILE RECORDS, SO AS TO INCLUDE ADDITIONAL CIRCUMSTANCES UNDER WHICH A JUVENILE'S ADJUDICATION MAY NOT BE EXPUNGED; TO AMEND SECTION 20-7-3300, AS AMENDED, RELATING TO JUVENILE'S RECORDS, SO AS TO PROVIDE CERTAIN CIRCUMSTANCES UNDER WHICH A JUVENILE'S RECORD IS PROVIDED TO A SCHOOL; AND TO PROVIDE THAT REFERENCES TO VIOLENT CRIMES ARE AS DEFINED ON THIS ACT'S EFFECTIVE DATE OR AS THE DEFINITION MAY BE AMENDED.

The Bill was read the third time and ordered sent to the Senate.

H. 5058--RECORD FOR VOTING

I was not at my desk when the Bill H. 5058 was up for second reading. Had I been present, I would have voted for the Bill as amended.

Rep. JOHN J. SNOW, JR.

H. 4036--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.

Reps. JASKWHICH and WILKINS proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\JIC\5969HTC.94), which was adopted.

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

/SECTION ___. There is created a study committee to determine the desirability and feasibility of providing additional state funding to establish a year-round Governor's School for the Arts and Humanities. The study committee consists of seven members as follows:

(1) one member of the House Ways and Means Committee appointed by the Speaker of the House;

Printed Page 5405 . . . . . Thursday, April 28, 1994

(2) one member of the House Education and Public Works Committee appointed by the Speaker of the House;

(3) one member of the Senate Finance Committee appointed by the President of the Senate;

(4) one member of the Senate Education Committee appointed by the President of the Senate;

(5) the State Superintendent of Education or the superintendent's designee;

(6) the chairman of the Commission on Higher Education or the chairman's designee; and

(7) one member appointed by the Governor.

The study committee shall report its findings to the General Assembly before July 1, 1995, and the study committee terminates when the report is made./

Renumber sections to conform.

Amend title to conform.

Rep. WILKINS explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BYRD a temporary leave of absence.

Rep. WILKINS continued speaking.

The question then recurred to the adoption of the amendment.

Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:

Yeas 103; Nays 4

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Askins           Bailey, G.
Bailey, J.       Baker            Barber
Baxley           Boan             Breeland
Brown, G.        Brown, H.        Brown, J.
Carnell          Cato             Chamblee
Clyborne         Corning          Cromer
Davenport        Delleney         Farr
Felder           Fulmer           Gamble
Gonzales         Govan            Graham
Hallman          Harrell          Harrelson

Printed Page 5406 . . . . . Thursday, April 28, 1994

Harris, J.       Harrison         Harwell
Haskins          Hines            Hodges
Holt             Huff             Hutson
Inabinett        Jaskwhich        Jennings
Keegan           Kelley           Kennedy
Kinon            Kirsh            Klauber
Lanford          Littlejohn       Marchbanks
Mattos           McAbee           McCraw
McElveen         McKay            McLeod
McMahand         Meacham          Moody-Lawrence
Neal             Neilson          Phillips
Quinn            Rhoad            Richardson
Riser            Robinson         Rudnick
Scott            Sheheen          Simrill
Smith, D.        Smith, R.        Snow
Spearman         Stille           Stoddard
Stone            Stuart           Sturkie
Thomas           Trotter          Tucker
Vaughn           Waites           Waldrop
Walker           Wells            Whipper
White            Wilder, D.       Wilder, J.
Wilkes           Wilkins          Williams
Witherspoon      Wofford          Worley
Young, A.

Total--103

Those who voted in the negative are:

Canty            Fair             Keyserling
Martin

Total--4

So, the amendment was adopted.

SPEAKER PRO TEMPORE IN CHAIR

Rep. KEYSERLING proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\N05\7850BDW.94), which was tabled.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

Printed Page 5407 . . . . . Thursday, April 28, 1994

/SECTION 1. (A) An Arts and Humanities School Study Committee is established composed of five members as follows:

(1) a representative of the South Carolina Arts Commission;

(2) a representative of the South Carolina Humanities Council;

(3) the chairman of the Joint Legislative Committee on Cultural Affairs, or his designee;

(4) a representative of the State Department of Education;

(5) one member appointed by the Governor.

(B) One member of the committee must be elected from the membership to serve as chairman. The expenses of the members must be paid from the accounts of their respective represented agency or organization, except for the gubernatorial appointee, whose expenses must be paid by the Governor's office.

(C) The purpose of the committee is to study whether there is a need in this State for a Governor's School for the Arts and Humanities, where the school should be located, the fiscal impact of establishing the school, and its impact on South Carolina.

(D) The committee shall report its findings and recommendations for legislative action to the General Assembly by February 1, 1995. After its report, the committee is dissolved.

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. KEYSERLING explained the amendment.

Rep. J. HARRIS spoke against the amendment.

Rep. SIMRILL moved to table the amendment, which was agreed to by a division vote of 76 to 18.

Rep. SHEHEEN proposed the following Amendment No. 6, which was adopted.

Section 1 shall not take effect until July 1, 1995.

Rep. SHEHEEN explained the amendment.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. RHOAD a leave of absence.

Rep. SHEHEEN continued speaking.

Rep. SHEHEEN spoke in favor of the amendment.

The amendment was then adopted.

Printed Page 5408 . . . . . Thursday, April 28, 1994

Reps. JASKWHICH, WILKINS and HASKINS proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\JIC\5969HTC.94), which was adopted.

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

(1) one member of the House Ways and Means Committee appointed by the Speaker of the House;

(2) one member of the House Education and Public Works Committee appointed by the Speaker of the House;

(3) one member of the Senate Finance Committee appointed by the President of the Senate;

(4) one member of the Senate Education Committee appointed by the President of the Senate;

(5) the State Superintendent of Education or the superintendent's designee;

(6) the chairman of the Commission on Higher Education or the chairman's designee; and

(7) one member appointed by the Governor.

The study committee shall report its findings to the General Assembly no later than April 1, 1995, and the study committee terminates when the report is made./

Renumber sections to conform.

Amend title to conform.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. G. BAILEY a leave of absence.

The question then recurred to the passage of the Bill, as amended, on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 112; Nays 3

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Askins           Bailey, J.

Printed Page 5409 . . . . . Thursday, April 28, 1994

Baker            Barber           Baxley
Boan             Breeland         Brown, G.
Brown, H.        Brown, J.        Canty
Carnell          Cato             Chamblee
Clyborne         Cobb-Hunter      Cooper
Corning          Cromer           Davenport
Delleney         Farr             Felder
Fulmer           Gamble           Gonzales
Govan            Graham           Hallman
Harrell          Harrelson        Harris, J.
Harrison         Harwell          Haskins
Hines            Holt             Houck
Huff             Hutson           Inabinett
Jaskwhich        Jennings         Keegan
Kelley           Kennedy          Keyserling
Kinon            Kirsh            Klauber
Koon             Lanford          Law
Littlejohn       Marchbanks       Mattos
McAbee           McCraw           McElveen
McKay            McLeod           McMahand
McTeer           Meacham          Moody-Lawrence
Neal             Neilson          Phillips
Quinn            Rhoad            Richardson
Riser            Robinson         Rudnick
Scott            Sharpe           Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Snow             Spearman
Stille           Stoddard         Stone
Stuart           Sturkie          Thomas
Trotter          Tucker           Vaughn
Waites           Waldrop          Walker
Wells            Whipper          White
Wilder, D.       Wilder, J.       Wilkes
Wilkins          Williams         Witherspoon
Wofford          Worley           Wright
Young, A.

Total--112

Printed Page 5390, Apr. 28 | Printed Page 5410, Apr. 28

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