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Printed Page 4670, May 30
| Printed Page 4690, May 30
| Amend title to conform.
Rep. ROBINSON explained the amendment.
Rep. CATO spoke against the amendment and moved to table the amendment.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Baxley Beck Brown, G. Brown, H. Brown, J. Byrd Cain Carnell Cato Clyburn Cobb-Hunter Cotty Dantzler Delleney Easterday Felder Fulmer Gamble Harris, J. Harvin Hines, J. Hines, M. Inabinett Jennings Keegan Kelley Kinon Klauber Koon Law Lee Lloyd McAbee McCraw McElveen McMahand Neal Neilson Rhoad Riser Sandifer Sharpe Shissias Smith, D. Smith, R. Spearman Stuart Tucker Waldrop Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Williams Witherspoon Wofford Young Young-Brickell
Those who voted in the negative are:
Allison Cave Cooper Davenport Fleming Hallman Harrell Howard Hutson
Jaskwhich Kirsh Lanford Limbaugh Limehouse Littlejohn Loftis Mason Meacham Phillips Quinn Rice Richardson Robinson Seithel Simrill Stille Stoddard Townsend Tripp Vaughn Walker Wells Wright
So, the amendment was tabled.
The Senate amendments, as amended, were then agreed to and the Bill
ordered returned to the Senate.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4431 -- Reps. Townsend, P. Harris, Huff, H. Brown, Cooper and Stille: A BILL TO AMEND
SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING
TO THE DETERMINATION OF ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE
EDUCATION FINANCE ACT AND WEIGHTINGS TO ESTABLISH COST DIFFERENCES
BETWEEN PROGRAMS, SO AS TO ADD A WEIGHTING FOR PUPILS WITH
AUTISM.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 59-21-510 of the 1976 Code is amended by adding a new item to read:
"(11) "Pupils with autism" means pupils with a severe and chronic disorder that affects communication and behavior and which is manifested during early development by a characteristic pattern of social, communication, and learning behaviors. Autism is a behaviorally defined syndrome; the essential features of which include disturbances of:
SECTION 2. Section 59-20-40(1)(c)(7) of the 1976 Code, as last amended by Act 135 of 1993, is further amended to read:
"(7) Handicapped 2.57
a. Visually handicapped pupils
b. Hearing handicapped pupils
c. pupils with autism.
SECTION 3. The Department of Education shall convene a task force of special education directors, district administrators, and parents of pupils with autism to review district reports on program costs to serve students with autism and to recommend an appropriate weight for the Education Finance Act. The findings of the task force shall be reported by the Department of Education to the Ways and Means Committee and Education and Public Works Committee of the House and the Finance Committee and Education Committee of the Senate no later than December 1, 1996.
SECTION 4. Title 59, Chapter 65 of the 1976 Code by adding a new section to read:
"Section 59-65-47. In lieu of the requirements of Section 59-65-40 or Section 59-65-45, parents or guardians may teach their children at home if the instruction is conducted under the auspices of an association for homeschools which has no fewer than fifty members and meets the requirements of this section. Bona fide membership and continuing compliance with the academic standards of the associations exempts the home school from the further requirements of Section 59-65-40 or Section 59-65-45.
The State Department of Education shall conduct annually a review of the association standards to insure that requirements of the association, at a minimum, include:
(a) a parent must hold at least a high school diploma or the equivalent general educational development (GED) certificate;
(b) the instructional year is at least one hundred eighty days;
(c) the curriculum includes, but is not limited to, the basic instructional areas of reading, writing, mathematics, science, and social studies, and in grades seven through twelve, composition and literature; and
(d) educational records shall be maintained by the parent-teacher and include:
(2) a portfolio of samples of the student's academic work; and
(3) a semiannual progress report including attendance records and individualized documentation of the student's academic progress in each of the basic instructional areas specified in item (c) above.
By January thirtieth of each year, all associations shall report the number and grade level of children home schooled through the association to the children's respective school districts."
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/The Honorable Greg Gregory .......... /s/The Honorable Ronald P. Townsend
/s/The Honorable Linda H. Short .......... /s/The Honorable Merita A. Allison
/s/The Honorable Michael L. Fair .......... /s/The Honorable Lanny F. Littlejohn
On Part of the Senate. .......... On Part of the House.
Rep. TOWNSEND explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3730:
H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley,
Very respectfully,
President
Whereupon, the Chair appointed Reps. J. YOUNG, KLAUBER and SIMRILL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Bill were taken up for consideration.
H. 4277 -- Reps. Walker, Baxley and Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-85 SO AS TO INCLUDE IN UNLAWFUL EMPLOYMENT PRACTICES THE CONDUCTING OF MEDICAL EXAMINATIONS AND INQUIRIES AND TO PROVIDE CONDITIONS UNDER WHICH THEY MAY BE CONDUCTED; TO AMEND SECTIONS 1-13-20, 1-13-30, AS AMENDED, 1-13-70, 1-13-80, AS AMENDED, 1-13-90, AND 1-13-100, RELATING TO THE STATE HUMAN AFFAIRS COMMISSION AND UNLAWFUL EMPLOYMENT PRACTICES AND THE PROHIBITION AGAINST DISCRIMINATION IN EMPLOYMENT BASED ON RACE, RELIGION, COLOR, SEX, NATIONAL ORIGIN, AND AGE, SO AS TO ALSO PROHIBIT DISCRIMINATION BASED ON DISABILITY AND TO DEFINE "DISABILITY" AND TO FURTHER PROVIDE HOW DISCRIMINATION BASED ON A DISABILITY IS AN UNLAWFUL EMPLOYMENT PRACTICE; TO AMEND SECTIONS 43-33-520, 43-33-530, 43-33-560, AND 43-33-570, RELATING TO THE BILL OF
Rep. HARRELL proposed the following Amendment No. 1A (Doc Name P:\amend\JIC\6108HTC.96), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . In accordance with Section 1-21-60 of the 1976 Code, the existence of the South Carolina Educational Television Commission is reauthorized until July 1, 2003./
Renumber sections to conform.
Amend title to conform.
Rep. HARRELL 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. 4589 -- Reps. Limehouse, Hallman, Cotty, Hutson, Fulmer, Felder, Knotts and Witherspoon: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO REVISE THE PENALTY.
Rep. D. SMITH proposed the following Amendment No. 1A (Doc Name P:\amend\PT\2601CM.96), which was ruled out of order.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
SECTION . The 1976 Code is amended by adding:
"Section 16-3-21. (A) In all cases in which an individual is sentenced to death, counsel or agents for the sentenced individual or for the State are prohibited from contacting jurors in any manner not provided in this section.
(B) Contact with jurors by counsel or agents of the sentenced individual or the State must be limited to the following circumstances:
(1) a letter seeking permission from the jurors to speak with them concerning their service may be mailed the jurors on only one occasion. This letter must be a form letter prepared by and available from court administration. This letter must initially inform the juror that he is under no legal obligation to respond to the letter. Further, the letter must set forth who is seeking permission to talk to the juror and which party they represent, the rights of the jurors that are being contacted, and the name and telephone number of the post-conviction relief judge who has been assigned the matter. If a post-conviction relief judge has not been assigned, the form shall provide the name and telephone number of the chief administrative judge of the circuit in which the sentenced individual was indicted for the crime resulting in the sentence of death. This letter must be sent certified mail, return receipt requested, and a copy of the letter and the return receipt must be filed with the clerk of court to be placed in the case file; or
(2) upon a showing of good cause, the trial or post-conviction relief judge may allow for juror interviews in any appropriate manner which does not amount to harassment and gives the highest degree of reliability to the responses, including limiting the interrogation of prior jurors to inquiry by the trial judge in open court."
SECTION . The 1976 Code is amended by adding:
"Section 17-25-375. (A) In a criminal case where a sentence of death has been imposed, the Governor shall set an execution date when he is notified in writing by the Attorney General either that:
(1) The Supreme Court of South Carolina has denied state post-conviction relief either by the denial of certiorari or an appeal, or the time for filing of an appeal from the denial of the state post-conviction relief has passed without an appeal being filed;
(2) The Supreme Court of the United States has issued a final order disposing of the case after granting a stay to review the judgment of the Supreme Court of South Carolina or the Court of Common Pleas on state post-conviction relief;
(4) The Supreme Court of the United States has issued a final order after granting a stay in order to dispose of the petition for writ of certiorari to review the judgment of the United States Court of Appeals.
(B) The Governor shall notify the Clerk of the Supreme Court of South Carolina and the Director of the South Carolina Department of Corrections or his duly appointed officer in charge of the institution detaining the individual sentenced to death of the disposition set forth above and the requirement that an execution date be set and, upon the fourth Friday following the receipt of the notice from the Governor, the sentence of death shall be carried out pursuant to Section 24-3-530. Once an execution date is scheduled, a stay of execution may be granted by the Supreme Court of South Carolina. Nothing in this section shall prohibit the Supreme Court of South Carolina from setting an execution date under circumstances other than those specified herein. Also nothing in this section shall prohibit respite or commutation by the Governor."
SECTION . Section 17-25-380 of the 1976 Code is amended to read:
"Section 17-25-380. Two copies of the notice shall be served or sent by registered mail to the commissioner of the prison system Director of the Department of Corrections or his duly appointed officer in charge of the State Penitentiary applicable correctional facility. The notice, when the sentence has been affirmed, shall read substantially as follows: `This is to notify you that the sentence of death imposed in the case of State vs. from which an appeal has been taken has been affirmed and finally disposed of by the Supreme Court and the remittitur has been sent down to the clerk of the Court of General Sessions of County. It is, therefore, required of you by Section 17-25-370 of the Code of Laws of South Carolina to execute the judgment and sentence of death imposed on said defendant or defendants (if more than one) on the fourth Friday after the service upon you or receipt of this notice.'
When the appeal has been dismissed or abandoned the notice shall be substantially the same as when the sentence has been affirmed except that the first sentence thereof shall read as follows: `This is to notify you that the appeal from the sentence of death imposed in the case of State vs. has been dismissed (or abandoned) and the notice has been sent down to the clerk of the Court of General Sessions of County.'
When one of the conditions set forth in Section 17-25-375 occurs, the notice shall be substantially the same as when the sentence is affirmed on
SECTION . The 1976 Code is amended by adding:
"Section 17-27-130. Where a defendant alleges ineffective assistance of prior trial counsel or appellate counsel as a ground for post-conviction relief or collateral relief under any procedure, the applicant shall be deemed to have waived the attorney-client privilege with respect to both oral and written communications between counsel and the defendant, and between retained or appointed experts and the defendant, to the extent necessary for prior counsel to respond to the allegation. This waiver of the attorney-client privilege shall be deemed automatic upon the filing of the allegation alleging ineffective assistance of prior counsel and the court need not enter an order waiving the privilege. Thereafter, counsel alleged to have been ineffective is free to discuss and disclose any aspect of the representation with representatives of the State for purposes of defending against the allegations of ineffectiveness, to the extent necessary for prior counsel to respond to the allegation.
In the case of a defendant who has been convicted of a capital offense and sentenced to death, the defendant's prior trial counsel or appellate counsel shall make available to the capital defendant's collateral counsel the complete files of the defendant's trial or appellate counsel. The capital defendant's counsel may inspect and photocopy the files, but the defendant's prior counsel shall maintain custody of their respective files, except as to the material which is admitted into evidence in any trial proceeding."
SECTION . The 1976 Code is amended by adding:
"Section 17-27-150. A party shall be entitled to invoke the processes of discovery available under the South Carolina Rules of Civil Procedure if, and to the extent that, the judge in the exercise of his discretion and for good cause shown grants leave to do so, but not otherwise. If necessary for the effective utilization of discovery procedures, counsel may be appointed by the judge for an applicant who qualifies for appointment pursuant to Section 17-27-60 or similar applicable provisions of law."
SECTION . The 1976 Code is amended by adding:
"Section 17-27-160. (A) If a defendant has been sentenced to death in South Carolina, he must file his application for post-conviction relief in the county in which he was indicted for the crime resulting in the sentence of death. Upon receipt of the application for post-conviction relief, the clerk of court shall forward the application to the judge who has been assigned to hear the post-conviction relief application. This judge shall maintain control over the expedited consideration of the application
(B) Upon receipt of the application for post-conviction relief, the counsel for the respondent shall file a return within thirty days after receipt of the application.
If the applicant is indigent and desires representation by counsel, counsel shall be immediately appointed to represent the petitioner in this action. The court may not appoint an attorney as counsel under this section if the attorney represented the applicant at trial or in a direct appeal unless the applicant and the attorney request appointment on the record or the court finds good cause to make the appointment. Counsel appointed to represent the applicant must be a member of the South Carolina Bar and satisfies the minimum guidelines set forth in Section 16-3-26 for appointment in death penalty cases. Counsel appointed in these cases shall be compensated from the funding provided in Section 16-3-26 in the same manner and rate as appointed trial counsel. Appointed counsel on appeal from state post-conviction relief cases shall be funded and compensated from the funds established for representation of indigents on appeal by the Office of Appellate Defense pursuant to Chapter 4 of Title 17.
If counsel is the same person appointed as counsel on appeal, the court shall appoint a second counsel to assist in the preparation of the application for post-conviction relief. If the applicant elects to proceed pro se, any findings made by the court shall be done on the record and in open court concerning the waiver of the assistance of counsel.
(C) Not later than fifteen days after the filing of the state's return, the judge shall convene a status conference to schedule a hearing on the merits of the application for post-conviction relief. The hearing must be scheduled within one hundred eighty days from the date of the status conference, unless good cause is shown to justify a continuance.
(D) Within thirty days from the last date of the taking of oral testimony, the hearing judge in writing shall make specific findings of fact and state expressly the judge's conclusions of law relating to each issue. This order is a final judgment.
(E) In these expedited capital post-conviction relief hearings, a court reporter shall be assigned to take testimony. The transcription of the testimony and record shall be given priority over all other matters
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