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Printed Page 2310, Apr. 6
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| The following Bill was taken up.
H. 3504 -- Reps. Delleney, Felder, Mason, Martin, Harrison, Elliott, Seithel, Hodges, Witherspoon, Jaskwhich, Limbaugh, Cain, Vaughn, Herdklotz, Fair, Rice, McCraw, Huff, Quinn, Haskins, Wilkins, Sheheen, Phillips, Wells and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-112 SO AS TO PROVIDE THAT IN DETERMINING INDIGENCY FOR THE PURPOSE OF APPOINTING LEGAL COUNSEL FOR A CHILD IN A DELINQUENCY PROCEEDING, THE COURT MUST DETERMINE THE PARENTS' ABILITY TO RETAIN COUNSEL FOR THE CHILD AND TO REQUIRE THE PARENTS TO REIMBURSE THE INDIGENT DEFENSE FUND IF COUNSEL IS APPOINTED FOR THE CHILD.
Rep. HUFF 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. 3535 -- Reps. Delleney, Martin, Baxley, Knotts, Littlejohn, A. Young, Harrison, Wright, Sheheen, J. Harris and Thomas: A BILL TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF JUVENILE JURISDICTION, SO AS TO REQUIRE THE FAMILY COURT TO TRANSFER JURISDICTION OF A CHILD FOURTEEN YEARS OF AGE OR OLDER IF THE CHILD HAS BEEN CHARGED WITH AN OFFENSE THAT, IF COMMITTED BY AN ADULT, WOULD PROVIDE FOR A TERM OF IMPRISONMENT FOR TEN YEARS OR MORE AND THE CHILD HAS TWO PRIOR
Rep. DAVENPORT 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. 3758 -- Reps. Cotty and Kinon: A BILL TO AMEND SECTION 1-3-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO AUTHORIZE THE GOVERNOR, WITH THE CONSENT OF CONGRESS, TO ENTER INTO COMPACTS AND AGREEMENTS FOR THE DEPLOYMENT OF THE NATIONAL GUARD WITH GOVERNORS OF OTHER STATES CONCERNING DRUG INTERDICTION AND RELATED ACTIVITIES; AND BY ADDING SECTION 1-3-490 SO AS TO ADOPT THE NATIONAL GUARD MUTUAL ASSISTANCE COUNTERDRUG ACTIVITIES COMPACT TO PROVIDE FOR MUTUAL ASSISTANCE AND SUPPORT AMONG THE PARTY STATES IN THE UTILIZATION OF THE NATIONAL GUARD IN DRUG INTERDICTION, COUNTERDRUG ACTIVITIES, AND DEMAND REDUCTION ACTIVITIES.
Rep. COTTY explained the Bill.
Rep. STUART 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. 3101 -- Reps. Shissias, Cromer, Wells, Kelley, Spearman, Richardson, Gamble, Lloyd and Phillips: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO PROVIDE THAT CHILD SUPPORT MUST BE
Rep. HUFF 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. 3931 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE; TO AMEND THE 1976 CODE 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 PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 42-9-260, AS AMENDED, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE SUCH PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION,
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, read the second time, and ordered to a third reading:
H. 3840 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CONDITION OF INSTITUTIONS IN THIS STATE LENDING MONEY AND RECEIVING DEPOSITS, SO AS TO FURTHER PROVIDE FOR THE SUBMITTING OF THESE REPORTS; TO AMEND SECTION 34-3-420, RELATING TO STATEMENTS OF CONDITION WHICH MUST BE SENT TO THE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REVISE THE DATE THESE REPORTS MUST BE SUBMITTED AND THE CONDITIONS UNDER WHICH THESE REPORTS ARE REQUIRED AND SUBMITTED; AND TO REPEAL SECTIONS 34-3-390, 34-3-400, AND 34-3-410 RELATING TO STATEMENTS OF CONDITION REQUIRED OF CERTAIN BANKS OR INSTITUTIONS ENGAGED IN THE BANKING BUSINESS.
Rep. CATO explained the Bill.
On motion of Rep. CATO, with unanimous consent, it was ordered that H. 3840 be read the third time tomorrow.
The following Bill was taken up.
H. 3824 -- Reps. Baxley, Keyserling, Martin, Thomas, Harrison, Shissias, Stuart, Moody-Lawrence, T. Brown, Wright, Riser, Harvin and McTeer: A BILL TO AMEND SECTION 56-3-4510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR THE NONGAME WILDLIFE AND NATURAL AREAS FUND, SO AS TO REVISE THE ANNUAL FEE FOR THE PLATES.
Rep. TOWNSEND 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. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.
Rep. A. YOUNG proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\PT\1895DW.95), which was adopted.
Amend the bill, as and if amended, Page 3, SECTION 5, Line 22, by inserting after /made./ /The Senate must advise and consent within thirty days after it receives the appointment or the appointee is deemed to have been appointed./
Amend title to conform.
Rep. A. YOUNG explained the amendment.
The amendment was then adopted.
Rep. A. YOUNG proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\PT\1899DW.95), which was adopted.
Amend the bill, as and if amended, Page 1, Line 25, by inserting after /must/ /be named `The Naval Complex Development Commission' and/.
Amend title to conform.
Rep. A. YOUNG explained the amendment.
The amendment was then adopted.
Reps. H. BROWN, DANTZLER, FULMER, HUTSON, LAW, LIMEHOUSE, SEITHEL, WHATLEY, L. WHIPPER, WOFFORD and A. YOUNG proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\PT\1903DW.95), which was adopted.
Amend the bill, as and if amended, beginning on Page 1, by striking SECTION 1 and inserting:
/SECTION 1. Section 31-12-40(D) of the 1976 Code is amended to read:
"(D) If the federal property subject to disposal is contained wholly or partially within a county, all or a portion of which lies in an MSA which
(1) one representative of each South Carolina county which contains all or a portion of the federal property subject to disposal, appointed by the respective county governing body;
(2) one representative of each South Carolina county in the MSA not entitled to a representative under subsection (D)(1), appointed by the respective county governing body;
(3) one representative of each municipality located wholly or partly within the MSA with a population of at least 50,000 as determined by the latest official federal census, appointed by the respective municipal governing body;
(4) such additional representatives as may be necessary to assure that any municipality within whose boundaries the major portion of properties scheduled for disposal lies shall have a total number of representatives being two less than the collective number of representatives from all other appointing bodies or officers provided for in subsections (D)(1) through (D)(8), appointed by the municipal governing body;
(5) if the major portion of properties scheduled for disposal lies within a single county but not within the boundaries of any single municipality, such additional representatives as may be necessary to assure that county two less than the collective number of representatives from all other appointing bodies or officers provided for in subsections (D)(1) through (D)(8), appointed by the county governing body;
(6) one member elected by a majority of the Senate;
(7) one member elected by a majority of the House of Representatives; and
(8) one seven at-large appointment appointments by the Governor, with the advice and consent of the Senate, as follows: who shall be a resident of one of the counties which lie, wholly or partially, in the MSA which is entitled to an appointment under subsections (D)(1) or (D)(2).
(a) three members who must be residents of each of the three counties which lie, wholly or partially, in the MSA;
(b) three members who must be residents of the municipality within whose boundaries the major portion of properties scheduled for disposal lies; and
(c) one at-large member who must be a resident of one of the counties which lies, wholly or partially, in the MSA, who must be the chairman."/
Amend further, Page 3, by striking SECTION 5 in its entirety and inserting:
"(J) A vacancy occurring during the recess of the Senate may be filled by an interim appointment by the appointing body or officer.
The Senate must be notified of the interim appointment, which shall be submitted no later than the end of the third week of its next ensuing regular session. The Senate may give or withhold its advice and consent to an appointment at any time after submission of the appointment, provided that if the Senate does not advise and consent to an appointment prior to Sine Die adjournment of that session, the office shall be vacant and the interim appointment shall not serve in holdover status notwithstanding any other provision of law to the contrary. In no event may the same individual be reappointed by the appointing body or officer until such time as the term for which the interim appointee would have served expires it is deemed filled by the appointee or appointees submitted by the Governor.
(K) A vacancy due to the failure of the Senate to give advice and consent to any appointment may be filled while the Senate is in session by an interim appointment of a different person by the appointing body or officer Governor until Sine Die adjournment of that session.
(L) A vacancy due to the failure of the Senate to give advice and consent to any appointment may be filled during the recess of the Senate by an interim appointment by the appointing body or officer Governor in the same manner as in subsection (I)."/
Amend further, beginning on Page 2, by striking SECTION 3 and inserting:
/SECTION 3. Section 31-12-40(H) of the 1976 Code is amended to read:
"(H) The appointments made pursuant to subsections (B)(2), (B)(3), and (B)(4), subsections (C)(2), (C)(3), and (C)(4), and subsections (D)(1), (D)(2), (D)(3), (D)(4), (D)(5), and (D)(8) shall be are subject to the advice and consent of the Senate."/
Renumber sections to conform.
Amend title to conform.
Rep. FULMER 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. A. YOUNG, with unanimous consent, it was ordered that S. 662 be read the third time tomorrow.
Rep. H. BROWN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3922 -- Reps. Shissias, Quinn, Cotty, Howard, Neal, Scott and Rogers: A CONCURRENT RESOLUTION CONGRATULATING THE RICHLAND NORTHEAST HIGH SCHOOL MODEL UNITED NATIONS CLUB AND THE CLUB'S SPONSOR-ADVISER, MS. LYNN WASHINGTON, ON WINNING A SIXTH STRAIGHT FIRST-PLACE AWARD AT THE NATIONAL HIGH SCHOOL MODEL UN CONFERENCE.
H. 3934 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION AND ADMIRATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE OUTSTANDING CONTRIBUTIONS OF MR. BOB FULTON AS THE "VOICE OF THE GAMECOCKS" FOR THE PAST FORTY-THREE YEARS ON THE OCCASION OF HIS RETIREMENT.
H. 3935 -- Reps. Waldrop, J. Brown and Wilder: A CONCURRENT RESOLUTION TO COMMEND DR. JULIAN E. GRANT FOR HIS OVER SIXTY YEARS OF SERVICE TO NEWBERRY COUNTY AS A PRACTICING PHYSICIAN AND COMMUNITY LEADER.
H. 3936 -- Reps. Koon, Sharpe, Rhoad, Chamblee, Spearman, Riser, Gamble, McTeer and Witherspoon: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MARION T. BURNSIDE, CHAIRMAN OF THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES BOARD, FOR ALL OF HIS ACCOMPLISHMENTS, AWARDS, AND EFFORTS IN PROMOTING ENVIRONMENTAL AWARENESS IN SOUTH CAROLINA.
H. 3937 -- Rep. McMahand: A CONCURRENT RESOLUTION COMMENDING MR. FLETCHER LEE EVANS OF GREENVILLE COUNTY FOR HIS OUTSTANDING ACCOMPLISHMENTS AS
H. 3938 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE BOYS TENNIS TEAM OF FORT MILL HIGH SCHOOL ON WINNING THE 1994 STATE CLASS AAA TENNIS CHAMPIONSHIP.
H. 3939 -- Reps. Cain and Sandifer: A CONCURRENT RESOLUTION TO CONGRATULATE JOHN H. KELLEY OF WALHALLA UPON BEING NAMED "1995 ADVOCATE OF THE YEAR" BY THE NATIONAL AMERICAN SCHOOL COUNSELOR ASSOCIATION.
H. 3940 -- Rep. Rogers: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXTEND SINCERE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO "CITY YEAR COLUMBIA" FOR THEIR MANY CONTRIBUTIONS TO THE MIDLANDS OF SOUTH CAROLINA.
H. 3960 -- Rep. Riser: A CONCURRENT RESOLUTION TO CELEBRATE THE HISTORY AND TRADITION OF THE EBENEZER METHODIST CHURCH OF BOWMAN ON THE OCCASION OF ITS CENTENNIAL ON NOVEMBER 5, 1995.
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