Printed Page 7760, June 1
| Printed Page 7780, June 1
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Printed Page 7760, June 1
| Printed Page 7780, June 1
| "Section 16-3-22. In all cases where life imprisonment is an option, `life' means until death."/
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
The amendment was then adopted.
Reps. HUTSON, CROMER, MEACHAM, CLYBORNE, GONZALES, WITHERSPOON, SHARPE, KEEGAN, STILLE, BAKER, WOFFORD, CORNING, KOON, SHISSIAS, KELLEY, VAUGHN, BAXLEY, G. BAILEY, R. SMITH, FULMER, WELLS, J. BAILEY, SIMRILL, BARBER, PHILLIPS, KIRSH, GRAHAM, FAIR, RICHARDSON, CATO, WAITES, H. BROWN, ALLISON, LANFORD, RISER, JASKWHICH, WALDROP, WRIGHT, STONE, A. YOUNG and HALLMAN proposed the following Amendment No. 21 (Doc Name L:\council\legis\amend\CYY\16142AC.94), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/SECTION . Section 16-3-26 of the 1976 Code is amended by adding at the end:
"(H) Notwithstanding any other provision of law, the State is financially responsible for cost allowed by law in the defense of indigents in capital cases and any funds previously apportioned to or carried over for use by the counties for the defense of these cases must be maintained in the Death Penalty Trial Fund to be administered statewide by the Commission on Indigent Defense."
SECTION . Section 16-3-26(F) of the 1976 Code, as added by Act 164 of 1993, is amended to read:
"(F) The Supreme Court shall promulgate guidelines on the expertise and qualifications necessary for attorneys to be certified as competent to handle death penalty cases. Additionally, the Supreme Court, through Court Administration, shall promulgate a list of standard fees and expenses for use in the defense of indigents. The list must be reviewed biennially and adjusted as necessary by Court Administration."/
Renumber sections to conform.
Amend title to conform.
Rep. HUTSON explained the amendment.
Rep. HODGES spoke against the amendment.
Rep. HODGES raised the Point of Order that Amendment No. 21 was out of order as it was not germane.
Rep. HUTSON argued contra the Point in stating the amendment was germane in relationship to the other amendments.
The SPEAKER stated that it was germane and he overruled the Point of Order.
Rep. HODGES moved to table the amendment, which was not agreed to by a division vote of 29 to 37.
The amendment was then adopted.
Rep. NEAL proposed the following Amendment No. 22 (Doc Name L:\council\legis\amend\GJK\21014AC.94), which was adopted.
Reference to amendment No. 5 offered by Rep. Hodges bearing document L:\COUNCIL\LEGIS\AMEND\CYY\16305AC.94
Amend the bill, as and if amended, page 20, by deleting Section 59-63-210(A) and inserting:
/"(A) Any A district board of trustees may authorize or order the expulsion, suspension, including in-school suspension for nonviolent or persistent disobedience which includes educational instruction or assignments, or transfer of any a pupil for a commission of any a crime, gross immorality, gross behavior, or persistent disobedience, or for violation of written rules and regulations established by the district board, county board, or the State Board of Education, or when the presence of the pupil is detrimental to the best interest of the school."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. NEAL explained the amendment.
The amendment was then adopted.
Rep. HOUCK moved to reconsider the vote whereby Amendment No. 15 was adopted.
Rep. MARTIN spoke in favor of the motion to reconsider.
Rep. CLYBORNE moved to table the motion to reconsider.
Those who voted in the affirmative are:
Alexander, T.C. Allison Cato Clyborne Davenport Fair Fulmer Gonzales Graham Harrell Harrison Holt Huff Hutson Jaskwhich Keegan Kelley Klauber Koon Lanford Marchbanks Meacham Phillips Riser Robinson Rudnick Scott Sheheen Simrill Smith, D. Smith, R. Stone Townsend Trotter Vaughn Wells Wofford Wright
Those who voted in the negative are:
Anderson Askins Bailey, G. Baxley Beatty Boan Breeland Brown, J. Byrd Canty Corning Cromer Delleney Elliott Gamble Harrelson Harwell Hines Hodges Houck Inabinett Jennings Kennedy Keyserling Kinon Law Martin McCraw McElveen McMahand Moody-Lawrence Neal Rhoad Richardson Rogers Sharpe Shissias Snow Spearman Stoddard Thomas Tucker Waites Whipper White Wilder, D. Wilder, J. Witherspoon Worley
The question then recurred to the motion to reconsider, which was agreed to by a division vote of 56 to 43.
Rep. WHITE moved to table the amendment.
Rep. CLYBORNE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey, G. Barber Baxley Beatty Boan Breeland Brown, G. Brown, J. Byrd Canty Cobb-Hunter Cromer Delleney Elliott Farr Govan Harrelson Harris, J. Harris, P. Harwell Hines Hodges Holt Houck Inabinett Jennings Kennedy Keyserling Kinon Lanford Martin McCraw McElveen McMahand Neal Phillips Rhoad Rogers Rudnick Scott Sheheen Snow Spearman Stille Stoddard Thomas Waites Waldrop Whipper White Wilder, D. Wilder, J. Wilkes Worley
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Baker Brown, H. Cato Clyborne Cooper Davenport Fair Fulmer Gamble Gonzales Graham Harrell Harrison Huff Hutson
Jaskwhich Keegan Kelley Klauber Koon Law Littlejohn Marchbanks Mattos Meacham Quinn Richardson Riser Robinson Simrill Smith, D. Smith, R. Stone Stuart Trotter Vaughn Walker Wells Wilkins Witherspoon Wofford Wright Young, A.
So, the amendment was tabled.
Rep. NEAL proposed the following Amendment No. 23 (Doc Name L:\council\legis\amend\GJK\21013AC.94), which was tabled.
Reference to amendment No. 5 offered by Rep. Hodges bearing document L:\COUNCIL\LEGIS\AMEND\CYY\16305AC.94
Amend the bill, as and if amended, by deleting beginning on page 8, SECTION 7, and inserting:
/SECTION 7. Section 20-7-390 of the 1976 Code is amended to read: "Section 20-7-390. When used in this article, unless the context otherwise requires, `child' means a person less than seventeen years of age, where the child is dealt with as a juvenile delinquent. `Child' does not mean a person sixteen years of age or older who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more. However, a person sixteen years of age or older who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more may be remanded to the family court if the circuit court judge finds (a) that the child is amenable to treatment and rehabilitation, (b) that the child would not likely present a danger to society if confinement were limited to the facilities and duration available in the juvenile justice system. Any court that waives its jurisdiction of a juvenile shall set forth in writing its findings and the reasons therefore, including a statement of the evidence relied on in reaching a decision. Where the
Renumber sections to conform.
Amend totals and title to conform.
Rep. NEAL explained the amendment.
Rep. WOFFORD moved to table the amendment, which was agreed to by a division vote of 34 to 16.
Rep. NEAL proposed the following Amendment No. 25 (Doc Name L:\council\legis\amend\GJK\21012AC.94), which was tabled.
Reference to amendment No. 5 offered by Rep. Hodges bearing document L:\COUNCIL\LEGIS\AMEND\CYY\16305AC.94
Amend the bill, as and if amended, by deleting beginning on page 8, SECTION 7.
Renumber sections to conform.
Amend totals and title to conform.
Rep. NEAL explained the amendment.
Rep. HODGES spoke against the amendment and moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 34 to 14.
Rep. NEAL proposed the following Amendment No. 27 (Doc Name L:\council\legis\amend\JIC\6158AC.94), which was adopted.
Reference to Amendment No. 5 offered by Rep. Hodges bearing document L:\COUNCIL\LEGIS\AMEND\CYY\16305AC.94
Amend the bill, as and if amended, by deleting Section 4 on page 6 and inserting:
/SECTION 4. Section 20-7-420 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) to require the parent of a child brought before the court for adjudication of a delinquency matter and agencies providing services to the family to cooperate and participate in a plan adopted by the court to meet the needs and best interests of the child and to hold a parent or agency in contempt for failing to cooperate and participate in the plan adopted by the court. In imposing its contempt powers the Family Court must take into consideration mitigating circumstances including the parent's or legal custodian's participation in the treatment plan, the level of services being offered by the lead and participating agencies, and the level of cooperation
Amend title to conform.
Rep. NEAL explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4872 -- Rep. Houck: A BILL TO AMEND SECTIONS 44-53-210 AND 44-53-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULES II AND IV CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT INJECTABLE FORMS OF PENTAZOCINE ARE SCHEDULE II AND THAT ORAL DOSAGE FORMS OF PENTAZOCINE ARE SCHEDULE IV.
Rep. WOFFORD moved to adjourn debate upon the Senate amendments until June 20, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3907 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO CLARIFY THE RETIREMENT INCOME EXCLUSION FOR SURVIVING SPOUSES; TO AMEND SECTION 12-7-437, RELATING TO THE DEDUCTION FROM TAXABLE INCOME OF A PORTION OF NET LONG-TERM CAPITAL GAIN, SO AS TO PROVIDE THAT THE DEDUCTION APPLIES TO NET CAPITAL GAIN; TO AMEND SECTION 12-7-1120, RELATING TO ALLOCATION OF INCOME, SO AS TO CLARIFY THE ALLOCATION OF DIVIDENDS OF SUBCHAPTER S CORPORATIONS; TO AMEND SECTION 12-7-1260, RELATING TO THE EMPLOYER'S CAPITAL EXPENDITURE CHILD CARE CREDIT, SO AS TO LIMIT THE CREDIT TO EMPLOYERS OF
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\6131HTC.94).
Amend the bill, as and if amended, page 12 by striking SECTION 20 and inserting:
/SECTION 20. (A) Section 12-54-420(1) of the 1976 Code, as last amended by Act 10 of 1993, is further amended to read:
"(1) `Claimant agency' means a state agency, board, committee, commission, public institution of higher learning, political subdivision, and the Internal Revenue Service. It also includes a private institution of higher learning for the purpose of collecting debts related to default on authorized educational loans made pursuant to Chapter 111, 113, or 115 of Title 59. `Political subdivision' includes the Municipal Association of South Carolina and the South Carolina Association of Counties when these organizations submit claims on behalf of their members or other political subdivisions."
(B) Section 12-54-420(4) of the 1976 Code is amended to read:
"(4) `Delinquent debt' means any liquidated sum due and owing any claimant agency, including collection costs, court costs, fines, penalties, and interest which have accrued through contract, subrogation, tort, operation of law, or any other legal theory regardless of whether there is an outstanding judgment for that sum which is legally collectible and for which a collection effort has been or is being made."/
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. WILKINS moved to adjourn debate upon the Senate amendments, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 4873 -- Rep. Houck: A BILL TO AMEND SECTION 44-53-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF PROFESSIONALS UNDER NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO REVISE THE DATES FOR EXPIRATION AND RENEWAL OF REGISTRATIONS; AND TO PROVIDE STAGGERED REGISTRATIONS.
Rep. HOUCK moved to adjourn debate upon the Senate amendments until June 20, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 5033 -- Rep. Phillips: A BILL TO AMEND SECTION 8-11-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS, LEAVE EARNINGS, AND THE TRANSFER OF AN EMPLOYEE'S ANNUAL LEAVE BALANCES FROM ONE STATE AGENCY TO ANOTHER, SO AS TO PROVIDE THAT ANY PERMANENT FULL-TIME EMPLOYEE OF A STATE AGENCY OR DEPARTMENT SHALL BE GIVEN FULL STATE SERVICE CREDIT FOR PRIOR SERVICE AS A CERTIFIED EMPLOYEE OF A SCHOOL DISTRICT OF THIS STATE FOR PURPOSES OF COMPUTING BONUS EARNINGS, AND TO PROVIDE THAT THE ABOVE PROVISIONS ONLY APPLY IF THERE IS NOT A BREAK IN SERVICE.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4473 -- Reps. Snow, Law and Riser: A BILL TO AMEND SECTION 24-13-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE WORK RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED A VIOLENT CRIME, SO AS TO EXPAND THE LIST OF OFFENSES TO WHICH THIS PROHIBITION APPLIES, AND TO PROVIDE THAT THE SOLICITOR AND SPECIFIC LAW ENFORCEMENT OFFICIALS OF A COMMUNITY SHALL RECEIVE NOTICE OF THE WORK RELEASE INTO THE COMMUNITY OF OFFENDERS WHO HAVE COMMITTED THE CRIME OF CRIMINAL SEXUAL CONDUCT IN ANY DEGREE.
Reps. HODGES and MARTIN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20993SD.94), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION . Section 24-3-40 of the 1976 Code, as last amended by Section 393, Act 181 of 1993, is further amended to read:
"Section 24-3-40. Unless otherwise provided by law, the employer of a prisoner authorized to work at paid employment in the community under Sections 24-3-20 to 24-3-50 or in a prison industry program provided under Article 3 of this chapter shall pay the prisoner's wages directly to the Department of Corrections. The Director of the Department of Corrections shall withhold five percent of the gross wages and promptly place these funds on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the `Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404'. The director is further authorized to may withhold from the wages such costs incident to the prisoner's confinement as the Department of Corrections considers appropriate and reasonable. These withholdings must be deposited to the maintenance account of the Department of Corrections. The balance of the wages may, in the discretion of the director, and in such proportions determined by the director, may be disbursed to the prisoner, the prisoner's dependents, to and the victim of the crime, or deposited to the credit of the prisoner. No
Printed Page 7760, June 1
| Printed Page 7780, June 1
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