Printed Page 1980, Mar. 23
| Printed Page 2000, Mar. 23
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Printed Page 1980, Mar. 23
| Printed Page 2000, Mar. 23
| (2) assault upon the person or a member of his family;
(3) bodily injury to the person or a member of his family;
(4) criminal sexual contact on the person or a member of his family;
(5) kidnapping of the person or a member of his family; or
(6) damage to the property of the person or a member of his family.
Stalking does not include words or conduct that is protected by the Constitution of this State or the United States, and does not apply to law enforcement officers or process servers performing their official duties.
(C) `Aggravated stalking' means stalking accompanied or followed by an act of violence.
(D) `Pattern' means two or more acts within a ninety-day period.
(E) `Family' means a spouse, child, parent, sibling, or a person who regularly resides in the same household as the targeted person./
Amend further, page 5, line 5, by striking Section 16-3-1770(C) and inserting:
/(C) A restraining order issued pursuant to this article conspicuously shall bear the following language: `Violation of this order is a criminal offense punishable by thirty days in jail, a fine of five hundred dollars, or both'./
Amend further, page 6, by adding a new section after Section 16-3-1830:
/Section 16-3-1840. As a condition of bail, a magistrate may order a defendant charged with harassment or stalking under this article to undergo a mental health evaluation performed by the local mental health department./
Renumber sections to conform.
Amend title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. MARTIN, with unanimous consent, it was ordered that H. 3459
be read the third time tomorrow.
The following Bill was taken up.
H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.
Rep. RICE made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3413 -- Reps. Townsend, Stille, Rogers, Riser, Cooper, McAbee, Williams, Wells, Trotter, Davenport and Carnell: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO REVISE THE RABBIT SEASON.
Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3526 -- Reps. Jaskwhich, Herdklotz, Vaughn, Tripp, Cato, Easterday and Haskins: A BILL TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO INCLUDE
Rep. WITHERSPOON explained the Bill.
S. 294 -- Senator Land: A BILL TO AMEND SECTION 48-11-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO DELETE THE PROVISION FOR BACK SWAMP WATERSHED CONSERVATION DISTRICT IN LEE COUNTY WHICH NEVER HAS IMPLEMENTED A PROJECT OR WORK OF IMPROVEMENT; TO DISSOLVE THE DISTRICT; AND TO REPEAL ACT 602 OF 1961 RELATING TO THE AUTHORIZATION TO CREATE THE DISTRICT.
Rep. WILKES explained the Bill.
H. 3552 -- Reps. Jennings, Tucker, Baxley, Chamblee, Stuart, Canty, Richardson, Askins, Inabinett, Littlejohn, Meacham, Sandifer, Lanford, Wofford, Herdklotz, Moody-Lawrence, Quinn, Law, Sheheen, McCraw, Whatley, Shissias, Kirsh, Fleming, Stille, Limbaugh, Lloyd, Huff, Cain, Seithel, Hines, Wells, Allison, Vaughn, Davenport, Tripp, Easterday, D. Smith, Dantzler, J. Harris, Klauber and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 56 SO AS TO REQUIRE MOTOR VEHICLE MANUFACTURERS TO DISCLOSE POST-MANUFACTURING DAMAGES AND REPAIRS IN WRITING TO MOTOR VEHICLE DEALERS, TO REQUIRE MOTOR VEHICLE DEALERS TO DISCLOSE TO MOTOR VEHICLE PURCHASERS IN WRITING NEW CAR DAMAGES WHICH EXCEED THREE PERCENT OF THE "MANUFACTURER'S SUGGESTED RETAIL PRICE", AND TO DEFINE "MANUFACTURER'S SUGGESTED RETAIL PRICE".
Rep. GAMBLE explained the Bill.
H. 3117 -- Reps. Cato, Riser and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-935 SO AS TO PROVIDE REQUIREMENTS FOR CONSUMER LEASES FOR AUTOMOBILES.
Rep. GAMBLE explained the Bill.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 3526 be read the third time tomorrow.
On motion of Rep. WILKES, with unanimous consent, it was ordered that S. 294 be read the third time tomorrow.
On motion of Rep. GAMBLE, with unanimous consent, it was ordered that H. 3552 be read the third time tomorrow.
On motion of Rep. GAMBLE, with unanimous consent, it was ordered that H. 3117 be read the third time tomorrow.
The following Bill was taken up.
H. 3549 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-56-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR PERMITS AND PERMIT ISSUANCE UNDER THE "SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT", SO AS TO PROVIDE FOR THE FORMS OF FINANCIAL ASSURANCE REQUIRED TO ENSURE THE AVAILABILITY OF FUNDS FOR CLEAN-UP COSTS AND RESTORATION OF ENVIRONMENTAL IMPAIRMENT ARISING FROM A FACILITY.
Rep. SHEHEEN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3740 -- Rep. Davenport: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE NAME AND TO ADD A MEMBER; AND TO AMEND SECTION 46-43-40, RELATING TO THE COOPERATION OF STATE AGENCIES AND DEPARTMENTS
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7322BDW.95).
Amend the bill, as and if amended, Section 46-43-10, page 1, by striking lines 40 through 41 and inserting:
/farm workers in this State; and one person to represent the interests of migrant farm workers or seasonal farm workers, or both. provided, However, any an organization created subsequent/ so that when amended the section reads:
/"Section 46-43-10. There is hereby created the Migrant and Seasonal Farm Workers Commission appointed by the Governor and constituted as follows: comprised of six farmers whose principle source of income is derived from farming, five of whom contract for migrant or seasonal farm workers, or both, two of whom shall represent the peach growers in this State, one of whom shall represent represents the apple growers, two of whom shall represent the various vegetable growers and producers of other row crops in this State which are planted, cultivated, or harvested, partially or completely, by migrant or seasonal farm workers, and one general farmer who may or may not contract for migrant or seasonal farm workers; four members who represent state agencies with statewide jurisdiction which are involved with migrant or seasonal farm workers; and five members who represent some organization organizations in South Carolina which is are presently involved with migrant or seasonal farm workers in this State; and one person to represent the interests of migrant farm workers or seasonal farm workers, or both. provided, However, any an organization created subsequent to May 25, 1976, may become eligible to have representatives appointed to this commission upon approval of the Migrant Farm Workers Commission as then constituted. Terms of office shall be are for four years with the initial appointments being divided between two and four- year appointments and until a successor is appointed and qualifies."/
Amend title to conform.
Rep. DAVENPORT explained the amendment.
Rep. HASKINS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
Rep. RISER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3604 -- Reps. Wilkins, McMahand, Herdklotz, Haskins, Littlejohn, Wells, Rice, Jaskwhich, D. Smith, Tripp, Walker, Davenport, Fair, Allison, Lanford and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-11-220 SO AS TO CREATE AN AIRPORT ENVIRONS AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT AND PROVIDE THAT AN AIRPORT ENVIRONS AUTHORITY IS CREATED AND CONFERRED CERTAIN POWERS TO ENSURE COMPATIBLE LAND
Rep. VAUGHN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3599 -- Rep. Richardson: A BILL TO AMEND SECTION 42-1-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF CASUAL EMPLOYEES AND CERTAIN OTHER EMPLOYMENTS FROM TITLE 42, WORKERS' COMPENSATION, SO AS TO ADD TO THE LIST OF SUCH EXEMPTIONS EMPLOYEES COVERED BY THE LONGSHORE & HARBOR WORKERS' COMPENSATION ACT.
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3045 -- Reps. Kirsh, Stille and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-225 SO AS TO REQUIRE A RETAIL DEALER TO AFFIX A LEGIBLE STATEMENT OF THE PERCENTAGE OF ETHANOL, METHANOL, OR A COMBINATION OF THEM TO THE DISPENSER OF ALL MOTOR FUEL KEPT, OFFERED, OR EXPOSED FOR SALE OR SOLD AT RETAIL CONTAINING AT
Rep. RICHARDSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3665 -- Reps. Gamble, Cato, Worley, G. Brown and L. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-933 SO AS TO PROVIDE REQUIREMENTS FOR CONSUMER LEASES FOR AUTOMOBILES.
Rep. GAMBLE explained the Bill.
Rep. WALDROP objected to the Bill.
The Bill was then read the second time and ordered to third reading.
On motion of Rep. GAMBLE, with unanimous consent, it was ordered that H. 3665 be read the third time tomorrow.
The following Bill was taken up.
H. 3285 -- Reps. Neilson, Lloyd, G. Brown, Hines, L. Whipper, Breeland,
J. Young, Canty, Rice, Felder, Chamblee, Gamble, Keyserling, Robinson,
Herdklotz, Davenport, Mason, Thomas and Byrd: A BILL TO AMEND SECTION 20-7-420,
AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION
OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT CUSTODY.
Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 356 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770(B), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF FEES AND COSTS, SO AS TO SPECIFY THAT FEES IN ESTATE AND CONSERVATORSHIP PROCEEDINGS MUST BE BASED UPON THE GROSS VALUE OF THE PERSONAL PROPERTY OF THE PROBATE ESTATE; AND TO PROVIDE FOR A RETROACTIVE REFUND TO TAXPAYERS OF THE DIFFERENCE BETWEEN THE CURRENT FEES PAID THROUGH AUGUST 15, 1994, AND THE REDUCED FEES.
Rep. NEAL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3835 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT "AVERAGE WEEKLY WAGE" MUST BE CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED AS REPORTED ON THE EMPLOYMENT SECURITY COMMISSION'S EMPLOYER CONTRIBUTION REPORTS DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-9-360,
Rep. BAILEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3836 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-9-45 SO AS TO PROVIDE THAT MENTAL ILLNESS RESULTING FROM WORK-RELATED STRESS IS NOT AN ACCIDENTAL INJURY ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT EXCEPT UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR RELATED MATTERS.
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Printed Page 1980, Mar. 23
| Printed Page 2000, Mar. 23
|