Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

| Printed Page 3430, May 9 | Printed Page 3450, May 10 |

Printed Page 3440 . . . . . Thursday, May 9, 1996

arraignment. Failure to register after notice as required by this article constitutes grounds for filing another charge of failure to register. Registering following arrest, service, or arraignment on charges does not relieve the offender from the criminal penalty for failure to register before the filing of the original charge.

(B) Section 23-3-470 shall not apply to a person convicted of an offense provided in Section 23-3-420 prior to July 1, 1994, and who was released from custody prior to July 1, 1994, unless the person has been served notice of the duty to register by the sheriff of the county in which the person resides. This person shall register within ten days of the notification of the duty to register.

Section 23-3-490. (A) Information collected for the offender registry is shall not be open to public inspection, upon request to the county sheriff by the public. A sheriff must release information regarding a specific person who is required to register under this article to a member of the public if the request is made in writing, stating the name of the person requesting the information, and the name or address of the person about whom the information is sought. The information must be disclosed only to the person making the request. The sheriff must provide the person making the request with the full name of the offender, any aliases, the date of birth, a current home address, the offense for which the offender was required to register pursuant to Section 23-3-430, and the date, city, and state of conviction. A photocopy of a current photograph must also be provided. The provisions of this article do not authorize SLED to release information to the public unless a request is made in writing stating the name of the person making the request and the name of the person about whom information is sought. SLED is only authorized to release to the public the name of the county in which the offender is registered. Otherwise, SLED is not authorized to release any information contained in the registry to anyone other than shall be made available only to law enforcement agencies, investigative agencies, and those agencies authorized by the court.

(B) Nothing in subsection (A) prohibits a sheriff from disseminating information contained in that subsection regarding a specific person who is required to register under this article if the sheriff or another law enforcement officer is presented with facts giving rise to a reasonable suspicion of criminal activity and has reason to believe the release of this information will deter the criminal activity.

(C) For purposes of this article, information on a juvenile adjudicated delinquent in family court for an offense listed in Section 23-3-430 must not be made available to the public."


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SECTION 2. Section 16-3-655(3) of the 1976 Code is amended to read:

"(3) A person is guilty of criminal sexual conduct in the second degree if the actor engages in sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older more than four years older than the victim."

SECTION 3. Section 16-3-655 of the 1976 Code is amended by adding at the end:

"(4) A person is guilty of sexual misconduct with a minor, a misdemeanor, if the actor engages in a consensual sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age and the actor is older than the victim but is not more than four years older than the victim nor is related to the victim. A person convicted of this offense must be imprisoned not more than three years."

SECTION 4. If any provision of this act or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and to this end the provisions of this act are severable.

SECTION 5. This act takes effect upon approval by the Governor./.

/s/Glenn F. McConnell .......... /s/L. Morgan Martin
/s/C. Tyrone Courtney .......... /s/John M. "Jake" Knotts, Jr.
/s/Luke E. Rankin .......... /s/Harry B. "Chip" Limehouse III

On Part of the Senate. .......... On Part of the House.

Rep. MARTIN explained the report.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

STATEMENT BY REP. WORLEY

Rep. WORLEY, with unanimous consent, made a statement relative to his not seeking re-election to the S.C. House of Representatives.

OBJECTION TO RECALL

Rep. LITTLEJOHN asked unanimous consent to recall S. 1032 from the Committee on Ways and Means.

Rep. H. BROWN objected.


Printed Page 3442 . . . . . Thursday, May 9, 1996

OBJECTION TO RECALL

Rep. SHEHEEN asked unanimous consent to recall S. 1309 from the Committee on Ways and Means.

Rep. FULMER objected.

H. 4737--POINT OF ORDER

The Senate amendments to the following Bill were taken up for consideration.

H. 4737 -- Reps. Chamblee, Lanford, Kirsh, Harrison, Wofford and Trotter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-425 SO AS TO REQUIRE APPROVAL BY THE STATE BUDGET AND CONTROL BOARD FOR REQUESTS FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES, TO PROVIDE CRITERIA FOR APPROVAL, AND TO ESTABLISH THE INFORMATION TECHNOLOGY ADVISORY COUNCIL TO ASSIST THE BOARD; TO ADD SECTION 59-7-70 SO AS TO REQUIRE THE TRANSFER OF TRANSMISSION AND RECEPTION EQUIPMENT PURCHASED BY SOUTH CAROLINA EDUCATIONAL TELEVISION FOR SCHOOLS TO THE SCHOOL DISTRICTS; TO ADD SECTION 59-7-80 SO AS TO PROVIDE REQUIREMENTS THAT THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION MUST SATISFY TO COMPLY WITH SUNSET REVIEW RECOMMENDATIONS; TO AMEND SECTION 59-7-10, AS AMENDED, RELATING TO THE SCETV COMMISSION, SO AS TO FURTHER DELINEATE CRITERIA FOR MEMBERS; AND TO AMEND SECTION 59-7-20, RELATING TO ADVISORY COMMITTEES OF THE SCETV COMMISSION, SO AS TO REVISE THE ADVISORY COMMITTEE STRUCTURE, TO DIRECT THE SCETV COMMISSION, WITH THE STATE DEPARTMENT OF EDUCATION, TO CONDUCT A STUDY TO EVALUATE THE EFFECTIVENESS OF INSTRUCTIONAL TELEVISION, AND TO PROVIDE THAT THE SCETV COMMISSION IS REAUTHORIZED UNDER SECTION 1-20-60.

Rep. KIRSH explained the Senate amendments.

POINT OF ORDER

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.


Printed Page 3443 . . . . . Thursday, May 9, 1996

H. 3915--POINT OF ORDER

The Senate amendments to the following Bill were taken up for consideration.

H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.


Printed Page 3444 . . . . . Thursday, May 9, 1996

POINT OF ORDER

Rep. FELDER 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.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 4631 -- Reps. Wilkes, G. Brown, Bailey, Simrill, Meacham, J. Young, Fulmer, Sharpe, Shissias, Wofford, Young-Brickell, Limehouse, Wright, Davenport, Whatley, Cain, Tucker, Carnell, Hodges, R. Smith, Whatley, Breeland, Wilder, Stoddard, Richardson, Cromer, McMahand, Fulmer, L. Whipper, J. Brown, Scott, J. Hines, Knotts, Marchbanks, Neilson, Kennedy and Kinon: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICES ON WHICH THE SALES TAX APPLIES INCLUDING NON COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING SERVICES, SO AS TO PROVIDE THAT SUCH SERVICES ARE EXEMPT FROM THE SALES TAX IN THE MANNER PROVIDED IN SECTION 12-36-2120; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALE OF NON COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING SERVICES BEGINNING JULY 1, 1997.

H. 4991--ADOPTED AND SENT TO THE SENATE

The following Resolution was taken up.

H. 4991 -- Reps. Cain and Cromer: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES FOREST SERVICE TO DENY A PERMIT APPLICATION TO CONDUCT MINERAL PROSPECTING OPERATIONS ON PUBLIC LANDS IN THE UPPER CHAUGA RIVER WATERSHED.

Whereas, the City of Westminster and much of its surrounding rural areas in Oconee County obtain drinking water from the Chauga River; and

Whereas, the quality of the water supply is dependent upon the condition of public and private lands in the Chauga River watershed upstream of the collection point; and


Printed Page 3445 . . . . . Thursday, May 9, 1996

Whereas, the water supply has been negatively impacted by upstream activities in the recent past; and

Whereas, the United States Forest Service is considering an application for a permit to conduct mineral prospecting in the Chauga River watershed; and

Whereas, it is very likely that mineral prospecting will lead to an application for a permit to operate a commercial mine on public lands in the upper Chauga River watershed; and

Whereas, the type of commercial activity which could occur is very likely to involve strip mining of large areas of the upper Chauga River watershed and the use of toxic materials to process the ore; and

Whereas, due to the steep terrain, erodable soils, and high rainfall, the probability of catastrophic failure of containment structures is very high; and

Whereas, the members of the General Assembly of South Carolina believe that such an endeavor would adversely affect the health and welfare of the people of Westminster and Oconee County, and consequently is not in the best interests of this State or our Nation. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly, by this resolution, memorialize the United States Forest Service to deny a permit application to conduct mineral prospecting operations on public lands in the upper Chauga River watershed.

Be it further resolved that a copy of this resolution be forwarded to the United States Forest Service.

The Concurrent Resolution was adopted and ordered sent to the Senate.

RECURRENCE TO THE MORNING HOUR

Rep. TOWNSEND moved that the House recur to the morning hour, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, with amendments, on:

H. 4961 -- Reps. Keyserling, Richardson, White, Inabinett, McTeer and Lloyd: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF HIGHWAY 17 IN BEAUFORT AND


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COLLETON COUNTIES THE "W. BRANTLEY HARVEY HIGHWAY" FOR FORMER LIEUTENANT GOVERNOR W. BRANTLEY HARVEY, JR., AND HIS LATE FATHER, SENATOR WILLIAM BRANTLEY HARVEY, SR., AND FURTHER REQUESTING THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 4112 -- Reps. Hutson, Chamblee, Limehouse, Stoddard, Wright, Seithel, Cromer, Thomas, Quinn, Witherspoon, Stille, Shissias, Wofford, Hallman, Riser, Harrell, Cato, Haskins, Fulmer, Dantzler, Vaughn, Fleming, Knotts, H. Brown and J. Harris: A BILL TO AMEND SECTION 56-5-1350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TABULATION, ANALYSIS, AND PUBLICATION OF STATISTICAL INFORMATION REGARDING ACCIDENT REPORTS, SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO COMPILE THIS INFORMATION FOR EACH ONE HUNDRED METER STRETCH OF HIGHWAY WHERE TWO OR MORE TRAFFIC ACCIDENTS HAVE OCCURRED, AND TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO USE THIS INFORMATION TO DEVELOP, IMPLEMENT, AND SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY AN ANNUAL PLAN TO IMPROVE SAFETY CONDITIONS ALONG THESE SEGMENTS OF HIGHWAY.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:

S. 1071 -- Senators Leventis, Fair, Thomas, Martin and Hayes: A BILL TO AMEND SECTION 59-29-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED COURSES IN PHYSICAL EDUCATION IN THE PUBLIC SCHOOLS OF THE STATE, SO AS TO ESTABLISH A PROCEDURE WHEREBY CERTAIN STUDENTS MAY BE EXEMPTED FROM THOSE REQUIREMENTS BY THE LOCAL SCHOOL BOARD OF TRUSTEES.

Ordered for consideration tomorrow.


Printed Page 3447 . . . . . Thursday, May 9, 1996

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

S. 1162 -- Senator Martin: A BILL TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE USE OF DEALER LICENSE PLATES, SO AS TO PROVIDE THAT A DEALER LICENSE PLATE IS ALLOWED ON A MOTOR VEHICLE WHICH THE DEALER LENDS TO ECONOMIC DEVELOPMENT PERSONNEL PURSUANT TO AN AGREEMENT WITH THE COUNTY BY WHICH SUCH PERSONNEL IS EMPLOYED.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 5007 -- Rep. R. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE THE REDCLIFFE ELEMENTARY SCHOOL OF AIKEN UPON ITS RECEIPT OF A 1996 ELIZABETH O'NEILL VERNER AWARD FOR ARTS IN EDUCATION.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 5008 -- Rep. Jaskwhich: A BILL TO AMEND SECTION 41-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE PRIVATE PERSONNEL PLACEMENT SERVICES ACT, SO AS TO CHANGE THE DEFINITION OF "PRIVATE PERSONNEL PLACEMENT SERVICE" TO INCLUDE PERMANENT, CONTRACT AND TEMPORARY PLACEMENT SERVICES, AND DELETE THE EXCLUSION FOR AN ELEEMOSYNARY ORGANIZATION AND TEMPORARY HELP SERVICES.

Referred to Committee on Labor, Commerce and Industry.

SPEAKER PRO TEMPORE IN CHAIR

Printed Page 3448 . . . . . Thursday, May 9, 1996

SPECIAL PRESENTATION

The SPEAKER presented the "Order of the Palmetto" to Rep. HARRISON, who will be leaving Friday on assignment in Bosnia with the Army National Guard.

On motion of Rep. McABEE, with unanimous consent, Rep. HARRISON's remarks were ordered printed in the Journal as follows:

STATEMENT BY REP. HARRISON

I would like to express my appreciation to the members and staff of the Judiciary Committee for their hard work and support during the past two years. There is one other person I would like to recognize before departing - "Mr. Pat" Harris. It has been my honor to serve with "Mr. Pat" during my career in the House. "Mr. Pat" is a true gentleman and has truly devoted his legislative career to doing what is best for his constituents and for all of the citizens of South Carolina. We are all better persons because of our service with "Mr. Pat" and he will truly be missed in this body. Since I will not be here on his final day in the House, I urge you all to give him the farewell he richly deserves and now wish him the best as he concludes his distinguished service to South Carolina.

SPEAKER IN CHAIR

Rep. HARRISON moved that the House do now adjourn, which was adopted.

MOTION NOTED

Rep. KNOTTS moved to reconsider the vote whereby S. 1345 was given a third reading and the motion was noted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4635 -- Reps. Gamble, Mason, Stoddard, Carnell, Neal, G. Brown, Howard, Sandifer, Kennedy, Walker, Bailey, Whatley, Hutson, Stuart, Simrill, Shissias, Lloyd, Byrd, Herdklotz, Thomas, J. Young, Keegan, Stille, Rhoad, Lee, McCraw, Rice, Robinson, Harvin, Cain, Davenport and Chamblee: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ENACT ADDITIONAL PROVISIONS OF LAW WHICH WILL RESTRAIN THE


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AMOUNT OF VIOLENCE, DRUGS, SEX, AND INAPPROPRIATE LANGUAGE AND BEHAVIOR ON TELEVISION WHICH REASONABLY CAN BE EXPECTED TO BE SEEN BY CHILDREN.

H. 5007 -- Rep. R. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE THE REDCLIFFE ELEMENTARY SCHOOL OF AIKEN UPON ITS RECEIPT OF A 1996 ELIZABETH O'NEILL VERNER AWARD FOR ARTS IN EDUCATION.

ADJOURNMENT

At 11:12 A.M. the House in accordance with the motion of Rep. J. YOUNG adjourned in memory of Margaret Weeks Osteen of Sumter, to meet at 10:00 A.M. tomorrow.

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