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
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Printed Page 4980, June 13
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Printed Page 4991 . . . . . Thursday, June 13,
1996
(R504) S. 1375 -- Senator Matthews: AN ACT TO PROVIDE THAT ORANGEBURG COUNTY ON
JULY 1, 1997, SHALL CONSIST OF THREE CONSOLIDATED SCHOOL DISTRICTS, EACH TO BE
COMPOSED OF CERTAIN OF THE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY
WITH THESE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY BEING ABOLISHED ON
JULY 1, 1997; TO PROVIDE THAT EACH CONSOLIDATED SCHOOL DISTRICT SHALL BE
GOVERNED BY A BOARD OF TRUSTEES WHO SHALL BE ELECTED IN NONPARTISAN
ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF
ELECTION OF EACH CONSOLIDATED BOARD; TO ESTABLISH AN ORANGEBURG COUNTY
BOARD OF EDUCATION ON JULY 1, 1997, TO BE COMPOSED OF SEVEN MEMBERS ELECTED
IN NONPARTISAN ELECTIONS IN THE MANNER SPECIFIED; TO PROVIDE FOR THE POWERS
AND DUTIES OF THE COUNTY BOARD AND THE CONSOLIDATED BOARDS; TO PROVIDE
FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PREPARED AND SCHOOL TAX
MILLAGE DETERMINED AND LEVIED INCLUDING AN IMPOSITION OF COUNTYWIDE
SCHOOL MILLAGE LEVIES TO BE DISTRIBUTED BASED ON SPECIFIED FORMULAS, TO
PROVIDE PROCEDURES FOR THE REVISIONS OF THESE FORMULAS AND FOR A DELAY IN
IMPLEMENTATION UNDER CERTAIN CONDITIONS; TO PROVIDE FOR THE TRANSFER OF
THE ASSETS AND LIABILITIES OF THE EIGHT PRESENT SCHOOL DISTRICTS TO THE
RESPECTIVE CONSOLIDATED DISTRICTS OF WHICH THEY ARE A PART WITH CERTAIN
EXCEPTIONS; TO PROVIDE FOR THE MANNER IN WHICH THE CONSTITUTIONAL DEBT
LIMITATION OF THE CONSOLIDATED SCHOOL DISTRICTS FOR THE ISSUANCE OF GENERAL
OBLIGATION BONDS SHALL BE DETERMINED; AND TO PROVIDE FOR THE REALIZATION
OF CERTAIN ADMINISTRATIVE COST SAVINGS BY JULY 1, 2000.
(R505) H. 3116 -- Reps. Cato and Meacham: AN ACT TO AMEND SECTION 50-21-850, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT
THAT PERSONS WATERSKIING, SURFBOARDING, OR RIDING SIMILAR OBJECTS MUST
WEAR A SKI BELT OR LIFE PRESERVER, SO AS TO PROVIDE THAT PERSONS WATERSKIING
OR RIDING ANY OBJECT BEING TOWED BY A MOTORIZED WATERCRAFT MUST WEAR
CERTAIN APPROVED PERSONAL FLOTATION DEVICES,
Printed Page 4992 . . . . . Thursday, June 13,
1996
AND TO PROVIDE FOR PERSONS EXEMPT FROM THE ABOVE PROVISIONS; TO AMEND
SECTION 50-21-860, AS AMENDED, RELATING TO RESTRICTIONS ON THE USE OF
AIRBOATS, SO AS TO PROVIDE FOR SPECIFIED AREAS WHERE IT IS UNLAWFUL TO
OPERATE AIRBOATS DURING CERTAIN HOURS; AND TO AMEND SECTION 5-7-140,
RELATING TO AREAS WHERE THE POLICE JURISDICTION AND SANITATION AUTHORITY OF
MUNICIPALITIES BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN OR THE
HIGH-WATER MARK OF ANY OTHER NAVIGABLE BODY OF WATER IS EXTENDED, SO AS
TO PROVIDE THAT THE CORPORATE LIMITS OF SUCH MUNICIPALITIES ARE EXTENDED
OVER SPECIFIED AREAS BORDERING THE ATLANTIC OCEAN OR THESE BODIES OF WATER,
AND TO PROVIDE THAT THESE MUNICIPALITIES HAVE JURISDICTION TO PUNISH
INDIVIDUALS VIOLATING MUNICIPAL ORDINANCES IN SUCH AREAS.
(R506) H. 3201 -- Rep. Simrill: AN ACT TO AMEND SECTION 44-95-20, AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES IN WHICH SMOKING IS
PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO REVISE THE AREAS
IN WHICH A PERSON MAY SMOKE IN PUBLIC SCHOOLS AND PROVIDE THAT LOCAL
SCHOOL BOARDS MAY MAKE SCHOOL DISTRICT FACILITIES SMOKE FREE; BY ADDING
SECTIONS 16-17-501, 16-17-502, 16-17-503, AND 16-17-504 SO AS TO PROVIDE DEFINITIONS
RELATING TO THE DISTRIBUTION OF TOBACCO PRODUCTS, TO MAKE IT UNLAWFUL TO
DISTRIBUTE A TOBACCO SAMPLE TO A MINOR, TO PROVIDE A PROCEDURE TO ENFORCE
THE PROVISION MAKING IT ILLEGAL TO DISTRIBUTE A TOBACCO PRODUCT SAMPLE TO A
MINOR, TO AMEND SECTION 16-17-500, RELATING TO SUPPLYING MINORS WITH TOBACCO
OR CIGARETTES, SO AS TO REVISE THE PENALTIES.
(R507) H. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper,
White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and
Limehouse: AN ACT TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS OF PARENTS, SO AS TO PROVIDE
THAT BOTH CUSTODIAL AND NONCUSTODIAL PARENTS HAVE
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1996
THE RIGHT TO PARTICIPATE IN THEIR CHILDREN'S SCHOOL ACTIVITIES UNLESS
PROHIBITED BY COURT ORDER.
(R508) H. 3273 -- Rep. Townsend: AN ACT TO AMEND SECTIONS 56-3-3310 AND 56-3-3320,
BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL
LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO REVISE THE
BIENNIAL FEE FOR THE LICENSE PLATE AND TO PROVIDE THAT THE PLATE MUST BE
PERMANENT; BY ADDING SECTION 56-3-7610 SO AS TO PROVIDE SQUARE DANCE
COMMEMORATIVE LICENSE PLATES; TO AMEND SECTION 56-3-1820, AS AMENDED,
RELATING TO NATIONAL GUARD LICENSE PLATES, SO AS TO REVISE THE BIENNIAL FEE;
AND BY ADDING SECTION 56-3-7100 SO AS TO PROVIDE FOR SHRINERS LICENSE PLATES.
(R509) 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: AN ACT 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 OR DIVIDED CUSTODY TO PROVIDE THAT THE
COURT MAY NOT PROHIBIT A CUSTODIAL PARENT FROM MOVING HIS RESIDENCE TO A
LOCATION WITHIN THE STATE UNLESS THE COURT FINDS A COMPELLING REASON OR
UNLESS THE PARTIES AGREE.
(R510) H. 3314 -- Rep. Rogers: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 7-13-75 SO AS TO PROHIBIT A MEMBER OF A
COUNTY OR MUNICIPAL ELECTION COMMISSION, VOTER, REGISTRATION BOARD, OR
COMBINED ELECTION AND VOTER REGISTRATION COMMISSION FROM PARTICIPATING IN
POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN DURING THE MEMBER'S TERM
OF OFFICE, TO PROHIBIT A MEMBER OF THE COMMISSION OR BOARD FROM MAKING A
CONTRIBUTION TO A CANDIDATE OR KNOWINGLY ATTEND A FUNDRAISER HELD FOR
THE BENEFIT OF A CANDIDATE, AND TO PROVIDE THAT THE MEMBER MAY BE REMOVED
FOR A VIOLATION OF THIS SECTION; AND TO AMEND SECTION 7-3-10, AS AMENDED,
Printed Page 4994 . . . . . Thursday, June 13,
1996
RELATING TO THE STATE ELECTION COMMISSION, SO AS TO PROHIBIT A MEMBER OF THE
COMMISSION FROM PARTICIPATING IN POLITICAL MANAGEMENT OR IN A POLITICAL
CAMPAIGN DURING THE MEMBER'S TERM OF OFFICE, TO PROHIBIT A MEMBER OF THE
COMMISSION FROM MAKING A CONTRIBUTION TO A CANDIDATE OR KNOWINGLY
ATTEND A FUNDRAISER HELD FOR THE BENEFIT OF A CANDIDATE, AND TO PROVIDE
THAT THE MEMBER MAY BE REMOVED FOR A VIOLATION OF THIS SECTION.
(R511) H. 3838 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTION
42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF
"AVERAGE WEEKLY WAGES", SO AS TO REVISE THE DEFINITION; TO AMEND
SECTION 42-1-160, RELATING TO THE DEFINITIONS OF "INJURY" AND
"PERSONAL INJURY", SO AS TO REVISE THE DEFINITIONS; TO AMEND SECTIONS
42-1-310 AND 42-1-320, RELATING TO THE APPLICATION AND EFFECT OF WORKERS'
COMPENSATION PROVISIONS, SO AS TO PROVIDE THAT AN EMPLOYER OR EMPLOYEE
MAY NOT ELECT TO NOT BE BOUND BY CERTAIN WORKERS' COMPENSATION PROVISIONS
AND THAT THE STATE, ITS POLITICAL SUBDIVISIONS, ITS EMPLOYEES AND THE
EMPLOYEES OF ITS SUBDIVISIONS ARE SUBJECT TO THE WORKERS' COMPENSATION
PROVISIONS; TO AMEND SECTION 42-1-460, RELATING TO CONTRACTS SUBJECT TO THE
WORKERS' COMPENSATION PROVISIONS, SO AS TO REVISE THE CONDITIONS UPON WHICH
A CONTRACT IS SUBJECT TO THESE PROVISIONS; TO AMEND SECTION 42-9-260, AS
AMENDED, RELATING TO THE NOTICE AN EMPLOYER MUST PROVIDE THE WORKERS'
COMPENSATION COMMISSION WHEN CERTAIN PAYMENTS HAVE BEGUN AND THE
SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO PROVIDE FOR THE CONDITIONS
UPON WHICH TEMPORARY DISABILITY PAYMENTS MAY BE GRANTED; TO AMEND
SECTION 42-9-360, RELATING TO ASSIGNMENTS OF COMPENSATION, SO AS TO PROVIDE
THAT IT IS UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO PURSUE
COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT UNDER
CERTAIN CIRCUMSTANCES, PROVIDE PENALTIES FOR PERSONS RECEIVING CERTAIN
ILLEGAL PAYMENTS AND THE PROCEDURE IN WHICH A HEALTH CARE
Printed Page 4995 . . . . . Thursday, June 13,
1996
PROVIDER MUST BE PAID; TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO
EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO REVISE THE
RECORDKEEPING PROCEDURE; BY ADDING SECTION 38-73-515 SO AS TO PROVIDE THAT
AN INSURER ISSUING WORKERS' COMPENSATION INSURANCE SHALL OFFER
DEDUCTIBLES OPTIONAL TO THE POLICYHOLDER FOR CERTAIN BENEFITS PAYABLE; TO
REPEAL SECTIONS 42-1-330, 42-1-340, 42-1-510, AND 42-1-530, RELATING TO THE WAIVER OF
CERTAIN EXEMPTIONS, THE EFFECTIVE DATE OF AND MANNER OF GIVING NOTICE OF
NONACCEPTANCE OR WAIVER DEFENSES THAT ARE NOT AVAILABLE TO AN EMPLOYER
UNDER THE WORKERS' COMPENSATION PROVISIONS, AND DEFENSES THAT ARE NOT
AVAILABLE TO AN EMPLOYER WHEN NEITHER HE NOR AN EMPLOYEE IS COVERED BY
THE WORKERS' COMPENSATION PROVISIONS; AND TO AMEND SECTION 42-1-520,
RELATING TO DEFENSES AVAILABLE TO AN EMPLOYER OPERATING UNDER THE
WORKERS' COMPENSATION PROVISIONS WHEN AN EMPLOYEE IS NOT OPERATING UNDER
THESE PROVISIONS, SO AS TO SUBSTITUTE "OFFICER OF A CORPORATION" FOR
"EMPLOYEE".
(R512) H. 4012 -- Reps. Townsend, Trotter and Stille: AN ACT TO AMEND THE CODE OF LAWS
OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 71 TO CHAPTER 3, TITLE 56, SO AS TO
PROVIDE FOR THE ISSUANCE OF A SPECIAL LICENSE PLATE FOR FOREST PRODUCT
HAULERS; TO AMEND SECTION 56-3-120, RELATING TO EXEMPTIONS FROM REGISTERING
AND LICENSING VEHICLES, SO AS TO EXEMPT CERTAIN KNUCKLEBOOM LOADERS FROM
REGISTRATION AND LICENSING; TO AMEND SECTION 56-5-765, AS AMENDED, RELATING
TO THE INVESTIGATION OF TRAFFIC COLLISIONS INVOLVING A MOTOR VEHICLE OF A
LAW ENFORCEMENT AGENCY OR THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO
REVISE THE TYPE OF COLLISIONS THAT MAY BE INVESTIGATED AND TO PROVIDE
PENALTIES; TO AMEND SECTION 56-5-4090, AS AMENDED, RELATING TO THE LENGTH OF
LOAD ON CERTAIN POLE TRAILERS AND CARRIERS, SO AS TO REVISE RESTRICTIONS TO
THE HOURS CERTAIN VEHICLES CAN TRAVEL ON THE STATE'S HIGHWAYS; TO AMEND
SECTION 56-5-4630, RELATING TO THE ATTACHMENT OF A
Printed Page 4996 . . . . . Thursday, June 13,
1996
LAMP OR FLAG ON LOADS EXTENDING CERTAIN LENGTHS BEYOND THE BED OR BODY
OF A MOTOR VEHICLE, SO AS TO REVISE THE DIMENSIONS OF THE FLAG THAT MUST BE
ATTACHED TO THE LOAD; TO AMEND SECTION 58-23-50, RELATING TO CERTAIN FORMS
OF TRANSPORTATION THAT ARE EXEMPTED FROM PUBLIC SERVICE COMMISSION
REGULATIONS, SO AS TO REVISE THE EXEMPTION OF TRANSPORTATION OF CERTAIN
ITEMS FROM COMMISSION REGULATION; BY ADDING SECTION 56-3-7860 SO AS TO
PROVIDE FOR SHRINERS LICENSE PLATES; TO REQUIRE THE DEPARTMENT OF
TRANSPORTATION TO STUDY TOLLS ON FEDERAL HIGHWAYS; AND TO AMEND SECTION
56-3-1820, AS AMENDED, RELATING TO NATIONAL GUARD LICENSE PLATES, SO AS TO
REVISE THE BIENNIAL FEE.
(R513) H. 4277 -- Reps. Walker, Baxley and Fleming: AN ACT 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, ALL RELATING TO THE BILL OF
RIGHTS FOR HANDICAPPED PERSONS, SO AS TO DELETE PROVISIONS RELATING TO
EMPLOYMENT; TO REPEAL SECTION 43-33-550 RELATING TO THE JURISDICTION OF THE
STATE HUMAN AFFAIRS COMMISSION OVER COMPLAINTS OF EMPLOYMENT
DISCRIMINATION; TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF
CONTRACTORS AND SUBCONTRACTORS FROM STATE DISCRIMINATION LAWS WHEN
THEY ARE SUBJECT TO SUCH FEDERAL LAWS; TO ADD SECTION 58-9-2550 SO AS TO
AUTHORIZE THE PUBLIC SERVICE
Printed Page 4997 . . . . . Thursday, June 13,
1996
COMMISSION TO ESTABLISH A DISTRIBUTION SYSTEM FOR TELECOMMUNICATIONS
DEVICES FOR THE DEAF; TO AMEND SECTION 58-9-2510, RELATING TO DEFINITIONS
REGARDING TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PERSONS, SO AS
TO ADD A DEFINITION FOR "DUAL SENSORY IMPAIRED PERSON" AND REVISE
THE DEFINITION OF "TELECOMMUNICATIONS DEVICE"; TO AMEND SECTION
58-9-2520, RELATING TO STATEWIDE TELEPHONE ACCESS PROGRAMS FOR PERSONS
SPEECH OR HEARING IMPAIRED, SO AS TO REVISE THE CONTENTS OF THE PROGRAM; TO
AMEND SECTION 58-9-2530, RELATING TO CHANGES FOR A DUAL PARTY RELAY
TELEPHONE SYSTEM, SO AS TO INCLUDE IN THIS FUNDING THE DISTRIBUTION SYSTEM
FOR TELECOMMUNICATIONS DEVICES FOR THE DEAF; AND TO REAUTHORIZE THE SOUTH
CAROLINA EDUCATIONAL TELEVISION COMMISSION UNTIL JULY 1, 2003.
(R514) H. 4338 -- Reps. Sharpe, Witherspoon, Riser and Seithel: AN ACT TO AMEND SECTION
50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE THAT THE DEPARTMENT OF
NATURAL RESOURCES, ON PRIVATE LAND, BETWEEN OCTOBER 11 AND JANUARY 1,
MUST NOT ESTABLISH MORE THAN TWO CONSECUTIVE DAYS WHERE DEER MAY NOT BE
HUNTED OR TAKEN WITH MODERN FIREARMS.
(R515) H. 4344 -- Reps. Jennings, Inabinett, Allison, Haskins, Harrison, Vaughn, Simrill, Herdklotz,
Delleney, Kirsh, Richardson and McElveen: AN ACT TO AMEND SECTION 20-7-1330, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF
JUVENILE CASES, SO AS TO DELETE THE CAP ON THE AMOUNT OF RESTITUTION THAT A
COURT MAY ORDER A JUVENILE TO PAY, TO PROVIDE THAT THIS AMOUNT IS IN THE
COURT'S DISCRETION, AND TO PROVIDE FACTORS TO BE CONSIDERED IN ESTABLISHING
THIS AMOUNT; AND TO AMEND SECTION 20-7-1335, RELATING TO DESTRUCTION OF
RECORDS, SO AS TO CHANGE THE TERM "JUVENILE" TO "CHILD".
(R516) H. 4431 -- Reps. Townsend, P. Harris, Huff, H. Brown, Cooper and Stille: AN ACT TO
AMEND SECTION 59-20-40, AS
Printed Page 4998 . . . . . Thursday, June 13,
1996
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 PUPILS WITH AUTISM UNDER THE HANDICAPPED
CLASSIFICATION; TO AMEND SECTION 59-21-510, RELATING TO DEFINITIONS IN REGARD
TO THE EDUCATION OF PHYSICALLY AND MENTALLY HANDICAPPED CHILDREN, SO AS
TO DEFINE "PUPILS WITH AUTISM"; TO PROVIDE THAT THE DEPARTMENT OF
EDUCATION SHALL CONVENE A TASK FORCE TO REVIEW PROGRAMS TO SERVE
STUDENTS WITH AUTISM AND TO RECOMMEND AN APPROPRIATE WEIGHT FOR THE
EDUCATION FINANCE ACT; AND TO ADD SECTION 59-65-47 SO AS TO FURTHER PROVIDE
FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH PARENTS OR GUARDIANS
MAY TEACH THEIR CHILDREN AT HOME.
(R517) H. 4443 -- Reps. Wright, Richardson, Cooper, Townsend, Allison, Littlejohn, Kelley and
Jaskwhich: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO EDUCATION, BY ADDING CHAPTER 40 SO AS TO ENACT THE "SOUTH
CAROLINA CHARTER SCHOOLS ACT OF 1996" WHICH PROVIDES FOR THE MANNER IN
WHICH A CHARTER SCHOOL SHALL BE FORMED, FUNDED, REGULATED, AND GOVERNED.
(R518) H. 4469 -- Reps. Wilkins, Sharpe, Haskins, Cato, D. Smith, Townsend, J. Brown and Harrison:
AN ACT TO ENACT THE "SOUTH CAROLINA EFFECTIVE DEATH PENALTY ACT OF
1996" INCLUDING PROVISIONS TO ADD SECTION 16-3-21, CODE OF LAWS OF SOUTH
CAROLINA, 1976, SO AS TO PROVIDE FOR VERBAL INSTRUCTIONS TO THE JURY
CONCERNING DISCUSSION OF THE VERDICT IN ALL CASES IN WHICH A DEFENDANT IS
SENTENCED TO DEATH; TO AMEND SECTION 17-25-380, RELATING TO NOTICES OF THE
INTENT TO EXECUTE A DEATH SENTENCE, SO AS TO FURTHER PROVIDE FOR THESE
NOTICE REQUIREMENTS; TO ADD SECTION 17-27-130 SO AS TO PROVIDE FOR
CIRCUMSTANCES WHEN THE ATTORNEY-CLIENT PRIVILEGE IS DEEMED WAIVED IN
POST-CONVICTION PROCEEDINGS OR COLLATERAL RELIEF PROCEDURES, AND TO
PROVIDE FOR CERTAIN ACCESS OF NEW COUNSEL TO THE
Printed Page 4999 . . . . . Thursday, June 13,
1996
FILES OF PRIOR COUNSEL IN CASES OF DEFENDANTS SENTENCED TO DEATH; TO ADD
SECTION 17-27-150 SO AS TO PROVIDE THE CONDITIONS UNDER WHICH A PARTY IN
CAPITAL AND NONCAPITAL POST-CONVICTION RELIEF PROCEEDINGS IS ENTITLED TO
INVOKE THE PROCESS OF DISCOVERY; AND TO ADD SECTION 17-27-160 SO AS TO PROVIDE
FOR THE MANNER IN WHICH DEFENDANTS SENTENCED TO DEATH MUST FILE
APPLICATIONS FOR POST-CONVICTION RELIEF, TO PROVIDE FOR THE ASSIGNMENT OF
JUDGES TO HANDLE THESE APPLICATIONS, TO FURTHER PROVIDE FOR THE
APPOINTMENT AND COMPENSATION OF COUNSEL IN THESE PROCEEDINGS, AND TO
PROVIDE FOR OTHER PROCEDURAL MATTERS INCLUDING THE CERTAIN TIME
LIMITATIONS IN THESE CAPITAL POST-CONVICTION RELIEF PROCEEDINGS.
(R519) H. 4557 -- Rep. Kirsh: AN ACT TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 24
ENACTING THE BINGO TAX ACT OF 1996 SO AS TO REGULATE THE GAME OF BINGO AND
PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO PROVIDE THAT ALL
CURRENT BINGO LICENSES EXPIRE AFTER SEPTEMBER 30, 1997, TO SAVE PROCEEDINGS
UNDERWAY ON OCTOBER 1, 1997, AND PROVIDE FOR THEIR DISPOSITION UNDER FORMER
LAW; TO REPEAL ARTICLE 23, CHAPTER 21, TITLE 12, RELATING TO BINGO REGULATION;
AND TO PROVIDE THAT THE BINGO TAX ACT OF 1996 TAKES EFFECT OCTOBER 1, 1997.
(R520) H. 4600 -- Ways and Means Committee: AN ACT GENERAL APPROPRIATION
BILL--(ABBREVIATED TITLE)
(R521) H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES
FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.
(R522) H. 4614 -- Reps. Kelley, Easterday, Allison and Moody-Lawrence: AN ACT TO ENACT THE
"CHILD PROTECTION REFORM ACT OF 1996" BY AMENDING SECTION 20-7-110, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL
REPRESENTATION IN ABUSE AND
Printed Page 5000 . . . . . Thursday, June 13,
1996
NEGLECT PROCEEDINGS, SO AS TO CLARIFY A REFERENCE TO THE DEPARTMENT OF
SOCIAL SERVICES; TO AMEND SUBARTICLE 1, ARTICLE 7, CHAPTER 7, TITLE 20, AS
AMENDED, RELATING TO GENERAL PROVISIONS CONCERNING ABUSE AND NEGLECT, SO
AS TO SET FORTH GUIDING PRINCIPLES AND POLICIES CONCERNING STATE
INTERVENTION IN FAMILY LIFE AND CHILD WELFARE AND TO REVISE DEFINITIONS; TO
AMEND SUBARTICLE 3, ARTICLE 7, CHAPTER 7, TITLE 20, AS AMENDED, RELATING TO
THE IDENTIFICATION AND REPORTING OF CHILD ABUSE, SO AS TO EXPAND PERSONS
REQUIRED TO REPORT, TO EXPAND MEDICAL EXAMINATIONS AND TESTS AUTHORIZED
TO PROVIDE IMMUNITY TO EMPLOYEES OF THE DEPARTMENT OF SOCIAL SERVICES IN
PERFORMING CHILD PROTECTIVE SERVICES IN GOOD FAITH; TO AMEND SECTION
20-7-610, AS AMENDED, RELATING TO EMERGENCY PROTECTIVE CUSTODY, SO AS TO
REVISE THESE PROCEDURES AND TO INCLUDE EMERGENCY PHYSICAL CUSTODY; TO
ADD SECTION 20-7-612 SO AS TO ESTABLISH PROCEDURES FOR LAW ENFORCEMENT TO
ASSIST THE DEPARTMENT IN TAKING A CHILD INTO EMERGENCY CUSTODY; TO ADD
SECTION 20-7-616 SO AS TO REQUIRE AN AGENCY HAVING SEX OFFENDER REGISTRIES TO
RELEASE INFORMATION TO THE DEPARTMENT WHEN AN ALLEGEDLY ABUSED CHILD IS
RESIDING IN AN OFFENDER'S HOME; TO ADD SECTION 20-7-618 SO AS TO AUTHORIZE A
PHYSICIAN OR HOSPITAL TO DETAIN A CHILD IN EMERGENCY PHYSICAL CUSTODY; TO
AMEND SUBARTICLE 7, ARTICLE 7, CHAPTER 7, TITLE 20, AS AMENDED, RELATING TO
INTERVENTION BY CHILD WELFARE AGENCIES, SO AS TO AUTHORIZE DEVELOPMENT OF
TEMPORARY CRISIS PLACEMENT HOMES, TO AUTHORIZE THE DEPARTMENT TO
CONTRACT FOR THE DELIVERY OF PROTECTIVE SERVICES, TO REVISE INTERVENTION,
INVESTIGATION, REPORTING, AND RECORDKEEPING AND RELEASING PROCEDURES; TO
AMEND SECTION 20-7-736, AS AMENDED, RELATING TO REMOVAL PROCEEDINGS AND
PROCEDURES, SO AS TO REVISE AND CLARIFY THESE PROCEEDINGS AND PROCEDURES
AND TO ESTABLISH A PRESUMPTION THAT A NEWBORN IS ABUSED IF CERTAIN EVIDENCE
OF SUBSTANCE ABUSE IS PRESENT; TO AMEND SECTION 20-7-738, AS AMENDED,
RELATING TO PROCEDURES TO PROVIDE SERVICES IN NONREMOVAL CASES,
Printed Page 5001 . . . . . Thursday, June 13,
1996
SO AS TO REVISE THESE PROCEDURES; TO AMEND SECTION 20-7-762, AS AMENDED,
RELATING TO COURT APPROVAL AND REVIEW OF TREATMENT PLANS, SO AS TO REQUIRE
THE INCLUSION OF TREATMENT GOALS; TO AMEND SECTION 20-7-764, AS AMENDED,
RELATING TO COURT APPROVAL OF PLACEMENT PLAN FOLLOWING REMOVAL, SO AS TO
REVISE CONTENTS OF THE PLAN AND TO PROVIDE FOR AMENDMENT OF OBJECTIONS TO
THE PLAN; TO ADD SECTION 20-7-765 SO AS TO SPECIFY TREATMENT PLAN CONDITIONS
WHEN SUBSTANCE ABUSE IS INCLUDED IN GROUNDS FOR REMOVAL; TO AMEND SECTION
20-7-766, AS AMENDED, RELATING TO COURT REVIEW OF CHILDREN REMOVED FROM
THEIR HOMES, SO AS TO REQUIRE THE COURT TO REVIEW THE PERMANENCY PLAN AND
TO REVISE THE STANDARDS AND CONTENT OF THE REVIEW; TO AMEND SUBARTICLE 3,
ARTICLE 11, CHAPTER 7, TITLE 20, RELATING TO TERMINATION OF PARENTAL RIGHTS,
SO AS TO REVISE WHO IS ENTITLED TO LEGAL REPRESENTATION AND TO CLARIFY THE
DISPOSITIONAL POWERS OF THE COURT; TO ADD SECTION 20-7-2377 SO AS TO AUTHORIZE
THE FOSTER CARE REVIEW BOARD TO PARTICIPATE IN JUDICIAL REVIEWS OF ABUSED
AND NEGLECTED CHILDREN; TO AMEND SECTION 20-7-2379, AS AMENDED, RELATING TO
THE FOSTER CARE REVIEW BOARD, SO AS TO DELETE OBSOLETE PROVISIONS AND
INCLUDE THAT REGULATIONS SHALL INCLUDE PARTICIPATION IN JUDICIAL REVIEWS; TO
AMEND SECTION 20-7-50, AS AMENDED, RELATING TO UNLAWFUL NEGLECT, SO AS TO
REVISE THE STANDARD FOR UNLAWFUL NEGLECT; TO AMEND SECTION 20-7-70,
RELATING TO CRUELTY TO CHILDREN, SO AS TO INCREASE THE PENALTY FROM ONE
HUNDRED TO TWO HUNDRED DOLLARS AND TO DELETE OBSOLETE REFERENCES; TO
ADD SECTION 20-7-95 SO AS TO ESTABLISH CRIMINAL IMMUNITY FOR PARENTS OF
INCORRIGIBLE SEVENTEEN-YEAR-OLDS; TO AMEND SUBARTICLE 4, AS AMENDED,
ARTICLE 3, CHAPTER 7, TITLE 20, RELATING TO THE GUARDIAN AD LITEM PROGRAM, SO
AS TO ESTABLISH CRITERIA FOR THE DISCLOSURE OF INFORMATION AND TO REVISE
INTERNAL REFERENCES; AND TO REPEAL SECTION 20-7-60, RELATING TO ILL-TREATING
CHILDREN; TO REPEAL SECTION 20-7-80, RELATING TO ABANDONMENT OF CHILDREN;
Printed Page 5002 . . . . . Thursday, June 13,
1996
AND TO REPEAL SECTION 20-7-128, RELATING TO THE GUARDIAN AD LITEM PROGRAM
ADVISORY BOARD.
| Printed Page 4980, June 13
| Printed Page 5002, June 13
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