South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

FRIDAY, FEBRUARY 12, 1993

Friday, February 12, 1993
(Local Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

O Lord our God, we bow in these quiet moments of prayer to ask Your continued blessings and to dedicate our ways to Your way. Deliver us from all that is petty and small and open our lives to all that is good and true that Your will may be advanced because of us. Implant within us a wisdom beyond all that is human. Make us sensitive to the needs of others. Cover our mistakes with Your forgiveness; assist us in our every worthwhile endeavor.

We are grateful that You are not only above us, beyond us and around us, but most of all that You are with us. In this confident knowledge, may we go forth in Your Name.

Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 379 -- Senator Martin: A BILL TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD PICKENS COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD PICKENS COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.

S. 380 -- Senator Martin: A BILL TO AMEND ACT 610 OF 1984, RELATING TO THE SINKING FUND COMMISSION FOR THE SCHOOL DISTRICT OF PICKENS COUNTY, SO AS TO ADD THE SUPERINTENDENT OF EDUCATION FOR THE PICKENS COUNTY SCHOOL DISTRICT TO THE SINKING FUND COMMISSION.

SENT TO THE SENATE

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.

H. 3404 -- Rep. G. Bailey: A BILL TO AMEND SECTION 40-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "ALARM SYSTEM BUSINESS" FOR PURPOSE OF ITS REGULATION BY THE LICENSING BOARD FOR CONTRACTORS, AND ACTIVITIES WHICH ARE NOT CONSIDERED WITHIN THE MEANING OF THIS DEFINITION, SO AS TO PROVIDE THAT THIS TERM DOES NOT INCLUDE OR APPLY TO A BUSINESS OR INDIVIDUAL SUBJECT TO LICENSING OR REGISTRATION UNDER THE RESIDENTIAL HOME BUILDERS LAW WHO INSTALLS FIRE ALARM SYSTEMS THAT ARE NOT MONITORED IN RESIDENTIAL BUILDINGS OR STRUCTURES.

H. 3425 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-77-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISIONS PROHIBITING AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST OFFENSE VIOLATIONS, SO AS TO PROVIDE THAT A PERSON WHO IS ISSUED A CITATION FOR CARELESS OR NEGLIGENT DRIVING IN VIOLATION OF A COUNTY OR MUNICIPAL ORDINANCE AND WHO IS FOUND GUILTY OF THAT VIOLATION MAY NOT HAVE HIS PREMIUMS INCREASED AS A RESULT OF A FIRST OFFENSE.

H. 3431 -- Rep. Felder: A JOINT RESOLUTION TO PROVIDE THAT FOR THE YEAR 1993 IN GAME ZONE 3 THE SEASON FOR HUNTING QUAIL WITH WEAPONS IS EXTENDED THROUGH MARCH FIFTEENTH.

H. 3436 -- Reps. Mattos, J. Bailey, Boan, Tucker, Harrell, Rogers, McElveen, Holt, Sheheen, H. Brown, Waites, G. Bailey, Cobb-Hunter, A. Young, Hines, R. Smith, McKay, Harwell, G. Brown, Quinn, Wilkins, White, P. Harris, Phillips, Neilson, M.O. Alexander, Littlejohn, Carnell, Cooper, Byrd, Anderson, Wright, Neal, Huff, McMahand, Wells, Wofford, Harrison, Walker, Rhoad, Riser, Kinon, Shissias, Stuart, Sturkie, Robinson, Delleney, Farr, Breeland, McLeod, T.C. Alexander, Worley, Cato, J. Wilder, Baxley, Trotter, Kelley, Davenport, Chamblee, Vaughn, Clyborne, Graham, Stille, Spearman, McCraw, Beatty, Hutson, Witherspoon, Baker, Gonzales, D. Smith, Williams, Fair, Inabinett, Gamble, Whipper, Stone, Hodges, Houck, Allison, Kirsh, Klauber, Moody-Lawrence, Marchbanks, D. Wilder, Law, McTeer, Haskins, Richardson, Corning and Barber: A BILL TO AMEND SECTION 44-29-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNIZATIONS REQUIRED OF SCHOOL PUPILS SO AS TO INCLUDE CHILDREN ATTENDING PUBLIC OR PRIVATE CHILD DAY CARE FACILITIES.

H. 3437 -- Reps. Wright and Quinn: A BILL TO PROVIDE FOR THE ELECTION OF THE LEXINGTON COUNTY BOARD OF EDUCATION IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO REDUCE THE TERMS OF BOARD MEMBERS FROM FIVE YEARS TO FOUR, AND TO PROVIDE TRANSITION PROVISIONS RELATING TO THE TERMS OF CURRENT MEMBERS, AND TO PROVIDE FOR THE METHOD OF FILLING VACANCIES ON THE LEXINGTON COUNTY BOARD OF EDUCATION AND ON SCHOOL DISTRICT BOARDS OF TRUSTEES IN LEXINGTON COUNTY INCLUDING THE RICHLAND COUNTY PORTION OF SCHOOL DISTRICT 5.

H. 3011 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-26-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUMAN RIGHTS COMMITTEES FOR MENTAL RETARDATION CLIENTS, SO AS TO DELETE THE DUTY OF THE COMMITTEES TO ADVISE ON PLANS FOR BEHAVIOR SUPPORT WHICH MAY RESTRICT PERSONAL FREEDOMS OR CLIENTS' RIGHTS AND SECTION 44-26-140, RELATING TO SUITABLE CARE AND HABILITATION FOR CLIENTS, SO AS TO PROVIDE THAT REQUIREMENTS FOR THE DEPARTMENT OF MENTAL RETARDATION TO DEVELOP SERVICES NECESSARY TO MEET CLIENTS' NEEDS ARE BASED ON AVAILABLE RESOURCES.

H. 3013 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-15-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT AND APPOINTMENT OF MENTAL HEALTH BOARDS, SO AS TO INCLUDE PARENTS OF EMOTIONALLY DISTURBED CHILDREN AND ADOLESCENTS FOR CONSIDERATION AS CONSUMER AND FAMILY REPRESENTATIVES ON THE BOARDS.

H. 3018 -- Reps. P. Harris, Waldrop, Neilson, Allison, Baxley, Cromer, Gamble, J. Harris, Harrison, Haskins, Inabinett, Jaskwhich, Littlejohn, Martin, Mattos, Phillips, Rhoad, Rudnick, Shissias, Stille, Vaughn, Walker, Waites, Wells, Whipper, J. Wilder, Wilkes, Marchbanks and Snow: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING TO FORM A BLUE RIBBON TASK FORCE TO STUDY THE PLANNING, COORDINATION, AND DELIVERY OF SERVICES TO ALZHEIMER'S VICTIMS AND THEIR FAMILIES, TO RECOMMEND AN ORGANIZATIONAL STRUCTURE TO HAVE PRIMARY RESPONSIBILITY FOR THESE FUNCTIONS, AND TO REPORT TO THE COMMITTEE.

H. 3118 -- Reps. Cobb-Hunter, Waites, Williams, Govan, Whipper, McTeer, Inabinett, Breeland, Canty, Keyserling and J. Brown: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO OVERSEE THE IMPLEMENTATION OF THE RECOMMENDATIONS MADE BY THE TASK FORCE FOR SOLVING HOMELESSNESS; TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; AND TO PROVIDE THAT THE MEMBERS SHALL SERVE WITHOUT COMPENSATION.

H. 3151 -- Reps. Wilkins, Hodges, Jennings and Clyborne: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES, SO AS TO PROVIDE A CLASSIFICATION SYSTEM FOR ALL FELONY AND MISDEMEANOR CRIMES AND OFFENSES AND EXCEPTIONS; TO AMEND SECTION 16-1-20, RELATING TO CLASSIFICATION OF OTHER CRIMES, SO AS TO PROVIDE THE MAXIMUM TERM OF IMPRISONMENT, TO EXEMPT OFFENSES WHICH REFER TO A MANDATORY MINIMUM TERM OF IMPRISONMENT, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 16-1-30, RELATING TO CLASSIFICATION OF NEW OFFENSES, SO AS TO REQUIRE ALL NEW OFFENSES TO BE CLASSIFIED PURSUANT TO SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 16-1-40 AND 16-1-50, RELATING TO ACCESSORIES BEFORE THE FACT AND INDICTMENT AND CONVICTION OF ACCESSORIES, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-55 SO AS TO CLASSIFY THE OFFENSE OF ACCESSORY AFTER THE FACT; TO AMEND SECTION 16-1-60, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD CRIMINAL SEXUAL CONDUCT WITH MINORS AND ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-80 SO AS TO CLASSIFY AN ATTEMPT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-1-90 AND 16-1-100 SO AS TO PROVIDE A LIST OF EACH CRIME AND OFFENSE AND ITS CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-110 SO AS TO PROVIDE FOR CRIMES OR OFFENSES INADVERTENTLY OMITTED FROM CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-11-325 SO AS TO PROVIDE THAT COMMON LAW ROBBERY IS A FELONY AND TO SET THE MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 7-25-50, 7-25-80, 7-25-190, 8-1-20, 12-7-2750, 12-9-840, 12-21-2716, 12-27-50, 12-29-610, 12-31-670, 12-45-110, 16-5-10, 16-7-160, AS AMENDED, 16-9-320, AS AMENDED, 16-9-340, 16-11-20, 16-11-170, 16-11-617, 16-11-740, AS AMENDED, 16-13-160, 16-13-170, 16-13-290, 16-15-140, 16-15-385, AS AMENDED, 16-17-410, 16-17-430, 16-17-600, AS AMENDED, 16-21-10, 16-21-40, 16-21-130, 16-21-140, 16-23-220, AS AMENDED, 16-23-230, AS AMENDED, 16-23-240, AS AMENDED, 16-23-260, AS AMENDED, 16-23-410, 16-23-420, 16-23-440, AS AMENDED, 16-23-480, 16-23-490, 16-23-520, 17-13-50, 17-15-90, 20-7-50, 20-7-60, 20-7-80, 23-31-340, AS AMENDED, 23-31-360, AS AMENDED, 24-1-270, 24-13-410, 24-13-420, 27-32-120, 34-13-90, 38-9-150, 38-13-170, 39-22-90, 39-23-80, 43-29-41, 43-30-100, AS AMENDED, 44-23-1150, 44-52-165, 44-53-40, 44-53-375, AS AMENDED, 44-53-390, 44-53-445, AS AMENDED, 44-55-1510, 46-41-30, 47-19-120, 55-1-30, 56-1-1100, 56-5-1030, 57-1-60, 58-13-740, 58-15-820, AND 58-17-4100, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM MISDEMEANORS TO FELONIES AND THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 12-54-40, AS AMENDED, 16-3-410, 16-9-10, 16-9-20, 16-11-140, 16-11-700, AS AMENDED, 16-11-920, AS AMENDED, 16-11-940, AS AMENDED, 16-14-40, 16-14-60, AS AMENDED, 16-14-70, 16-17-470, 20-7-2660, AS AMENDED, 47-3-760, AS AMENDED, 47-21-80, AND 48-43-550, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM FELONIES TO MISDEMEANORS, TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20 AND TO PROVIDE FOR PENALTIES; TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-10, 16-13-30, 16-13-40, 16-13-50, 16-13-70, 16-13-110, 16-13-180, AS AMENDED, 16-13-210, 16-13-230, 16-13-240, 16-13-260, 16-13-420, 16-13-425, 16-13-430, 16-21-80, 38-55-170, AS AMENDED, 46-1-20, 46-1-40, 46-1-60, 46-1-70, AND 49-1-50, AS AMENDED, RELATING TO VARIOUS CRIMES AND OFFENSES INVOLVING PROPERTY, SO AS TO CREATE A THREE TIER CLASSIFICATION BASED UPON THE VALUE OF THE PROPERTY INVOLVED THAT SPECIFIES WHETHER THE OFFENSE IS A MISDEMEANOR OR FELONY AND MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 2-17-140, 4-11-130, 4-17-70, 5-21-30, 5-21-40, 6-7-800, 6-7-1080, 6-7-1110, 7-25-10, 7-25-20, 7-25-60, 7-25-70, 7-25-100, 7-25-110, 7-25-120, 7-25-160, 7-25-170, 8-1-30, 8-9-10, 8-11-30, 8-13-320, AS AMENDED, 8-13-540, AS AMENDED, 9-1-1160, 10-11-360, 11-1-20, 11-1-40, 11-9-20, 12-2-70, 12-21-2540, 12-21-2714, 12-21-3070, 12-54-40, AS AMENDED, 16-3-50, 16-3-60, 16-3-70, 16-3-75, 16-5-40, 16-5-130, 16-7-170, 16-9-30, 16-9-410, 16-11-30, 16-11-190, 16-11-330, 16-11-380, 16-11-390, 16-11-560, 16-11-570, 16-13-150, 16-13-385, 16-14-80, 16-14-100, 16-15-50, 16-15-130, 16-15-250, 16-15-405, 16-15-425, 16-16-20, 16-17-510, 16-17-560, 16-17-700, 16-21-60, 16-23-50, AS AMENDED, 16-23-465, 16-23-470, 17-7-510, 17-15-150, 22-5-120, 22-9-140, 23-1-20, 23-17-110, 23-31-190, 23-35-130, 24-3-910, 25-1-150, 25-7-20, 25-7-50, 25-15-20, 27-29-150, 30-15-50, 34-19-110, 37-13-50, 38-7-140, 38-13-140, 38-25-330, 38-37-930, 38-37-1650, 38-43-190, 38-43-240, 38-47-60, 38-55-80, 38-55-150, 38-55-160, 38-59-50, 39-15-170, 39-15-470, 39-17-340, 40-5-320, 40-5-350, 40-5-360, 40-6-170, 40-11-300, 40-41-220, 40-43-140, AS AMENDED, 40-43-320, 41-15-50, 43-5-40, 43-33-40, 44-31-360, 44-53-370, AS AMENDED, 46-17-460, 46-19-270, 46-25-80, 48-27-230, 48-27-250, 48-49-60, 50-1-136, 50-13-350, 50-13-1460, 50-13-1470, 50-21-710, 54-1-40, 56-5-750, 56-5-2945, 56-29-30, 58-13-10, 59-25-250, 59-63-450, AND 61-13-810 RELATING TO CRIMES AND OFFENSES, SO AS TO CHANGE THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION ESTABLISHED FOR EACH OFFENSE; TO AMEND SECTION 12-7-1680, AS AMENDED, RELATING TO VIOLATION OF SECRECY OF INCOME INFORMATION, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; TO AMEND SECTION 16-3-615, RELATING TO SEXUAL BATTERY, SO AS TO CHANGE THE TERM OF IMPRISONMENT TO TEN YEARS; TO AMEND SECTION 16-3-1070, RELATING TO STALKING, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATES' JURISDICTION, SO AS TO PROVIDE THAT PETIT LARCENY AND ALL OTHER OFFENSES INVOLVING PERSONAL PROPERTY IN WHICH THE VALUE IS TWO HUNDRED DOLLARS OR LESS IS WITHIN THE MAGISTRATE'S JURISDICTION; TO AMEND SECTION 50-17-1190, RELATING TO PENALTIES FOR VIOLATIONS OF THE COASTAL FISHERIES LAWS, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; AND TO REPEAL SECTIONS 16-1-15 RELATING TO ALL DEGREES OF BURGLARY BEING A FELONY, 16-9-40 RELATING TO ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY, 16-13-20 RELATING TO PRIVILY STEALING FROM PERSON OR HOUSE AS GRAND LARCENY, 16-13-90 RELATING TO THEFT OF BEDDING AND OTHER FURNISHINGS FROM LODGING, 16-13-190 RELATING TO STEALING TIRES OR TUBES, 16-13-200 RELATING TO RECEIPT OF STOLEN TIRES AND TUBES, 16-15-30 RELATING TO ABDUCTING A MAID UNDER SIXTEEN YEARS OF AGE, 16-15-40 RELATING TO CONTRACTING MATRIMONY WITH AN ABDUCTED MAID UNDER THE AGE OF SIXTEEN, 24-5-40 RELATING TO SEPARATE LODGING FOR DEBTORS, 39-23-90 RELATING TO PENALTIES FOR VIOLATING SECTION 39-23-80, AND 54-9-80 RELATING TO IMPRESSING SEAMEN.

ADJOURNMENT

At 11:00 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, February 16.

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