Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:45 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
The Psalmist gives us a wonderful formula for life when he writes: "Thy Word is a lamp unto my feet, and a light unto my path" - Psalm 119:105.
Save us, O Lord, from demanding standards in others we do not require of ourselves. Spare us from magnifying the faults of others while minimizing our own. Forbid that we should be making excuses for ourselves while condemning others. Instead give us the unfaltering determination to use "Thy Word as a lamp unto our feet, and a light unto our path", and thus find peace with ourselves, with our fellowbeings, and with our God.
We pray in the Name of Our Loving Father. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
January 26, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 26, 1988 regulations concerning Randolph-Sheppard Vending Machine Program from the S.C. Commission for the Blind.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
The following was introduced:
H. 3610 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 3512, RELATING TO HIGHWAY SAFETY, FOR SECOND READING OR OTHER CONSIDERATION ON WEDNESDAY, JANUARY 27, 1988, AT 2:30 P.M., AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 3512 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 3512 be set by special order for second reading or other consideration on Wednesday, January 27, 1988, at 2:30 p.m., and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H. 3512 is given second reading or it is otherwise disposed of.
The Resolution was adopted.
The House stood at ease subject to the call of the Chair.
At 11:10 A.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
At 11:11 A.M. the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 3529 -- Reps. Sheheen and Wilkins: A CONCURRENT RESOLUTION TO SET WEDNESDAY, JANUARY 20, 1988, IMMEDIATELY FOLLOWING THE ELECTION TO FILL SEATS ON THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AS THE TIME FOR THE ELECTION OF THE SUCCESSOR TO FILL THE UNEXPIRED TERM OF THE HONORABLE JULIUS B. NESS, CHIEF JUSTICE OF THE SUPREME COURT, AND TO FIX 11:00 A.M. ON WEDNESDAY, JANUARY 27, 1988, AS THE TIME FOR A JOINT SESSION OF THE GENERAL ASSEMBLY TO ELECT SUCCESSORS FOR CERTAIN MEMBERS OF THE SUPREME, CIRCUIT, AND FAMILY COURTS.
The PRESIDENT announced that nominations were in order for an Associate Justice of the Supreme Court.
Rep. J.W. McLEOD nominated the Honorable David W. Harwell of Florence as follows:
"Mr. President, Mr. Speaker, colleagues of both House and Senate, Justices, Judges and honored guests:
What a difference a week makes! Last week I was sitting in the gallery, and my good friend, Senator Lindsay, was nominating me. I was scared to death and had a right to be. Today, I have my good friend, David, in the gallery, and I'm at the podium. You had better be concerned, David, because I'm not sure what I'm going to say.
Most people probably refer to David as either Justice Harwell or Judge Harwell, but to me, he's always been David Harwell. If it was possible for someone to have two fathers, I've had mine. David was my second one, and God knows, my father needed all the help he could get. David filled in real well. We're both from Mars Bluff, and I know you've heard me mention Mars Bluff before. That's where the bomb fell back in the '50's. I'll tell you that story later. We lived a couple of miles from each other, and I can remember as a child, as soon as I was able to keep up with them, my father and David would take me bird hunting. We continued to do that until I became an expert shot and would kill all the quail, and they started leaving me home. But, I'll never forget David; he's been a good friend of mine. The first shotgun I ever owned was a gift from David Harwell. I still have it, and I'll always keep it.
From time to time, people will ask me, 'Billy, how did you get in politics?'. I always have to blame it on David. I remember again as a young man, standing around our country store in Mars Bluff, handing out little cards saying 'Vote for David Harwell'. I did that for about eight years and I started thinking, 'Well, maybe I should start asking them to vote for me.' I soon did that, and was able to get elected. David has meant a lot to me, and it's more than just a pleasure to get up here today and nominate him. I'm glad I was able, before I left this body, to have the honor, which is one of the greatest honors I've ever had, to nominate a person as close to me as David Harwell. They told me to keep this short, and I will. Let me just hit on some of the highlights of what is a brilliant career.
David was born and educated in Florence, and after high school, served a couple of years in the Navy. After his service in the Navy, he attended the University of South Carolina where he obtained his undergraduate degree and law degree. In 1958, he moved to Florence and opened up what was a very successful law practice. In 1963, the people of Mars Bluff were able to persuade David to run for the House. He did and was successful for five terms. In 1973, this body, using the good judgment we always have shown, elected David to be the Circuit Court Judge in the 12th Judicial Circuit, replacing Judge Baker. David served on the bench for seven years, and, in 1980, this body again elected David to serve as Associate Justice on the Supreme Court. Today, it is a great honor and a pleasure to stand before you and nominate the Honorable David W. Harwell to succeed himself as Associate Justice of the Supreme Court."
Reps. FELDER and WINSTEAD seconded the nomination of Mr. Harwell
On motion of Rep. WALDROP, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon the PRESIDENT announced that the Honorable David W. Harwell was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge in the Fourth Judicial Circuit, Seat No. 2.
Senator Saleeby nominated Benny R. Greer of Darlington as follows:
"Mr. President, members of the General Assembly:
I was thinking, one way we could help out the Tort Reform possibly was to create another hundred or so jobs on the bench, and eliminate some of these lawyers that are suing all the time and that might really solve our problem.
It does give me a great deal of pleasure to place in nomination the name of Ben R. Greer of Darlington to become a member of the Family Court Bench from our Circuit. We've been blessed in our Circuit with three outstanding Family Court Judges, and one is now reaching retirement.
Ben Greer was born in Greer, South Carolina. Someone asked this morning whether he was one of those rich Greers and I said, 'No. He's just a hardworking poor boy.' He finished high school in Greer, served about two and a half years in the Army, and then attended the University of South Carolina. He received his law degree there. Then he came to Darlington, South Carolina, where he practiced for a while. Later he formed the firm of Greer and Chandler and practiced twenty-two years with now-Justice Chandler, until Judge Chandler went on the Circuit Bench, and later the Supreme Court Bench. Benny is married to Jeanine, and they had four children while living in Darlington. He's been very active in the First Baptist Church in Darlington; he served on the Board of Trustees of the Baptist Bethea Home. He's a past president of the State Bar Association.
Benny has been very active in the tort system. He's brilliant. He is the type of lawyer we lawyers turn to, and he's called a lawyer's lawyer. When I've been in trouble, I've called Benny. Many lawyers in the Pee Dee, and in this state, have used Benny for advice. It is my pleasure to name someone to the Family Court Bench of his caliber and capacity. With these comments, I place the name of Ben R. Greer in nomination."
Rep. NEILSON, on behalf of the Darlington Delegation; Senator J. Verne Smith seconded the nomination of Mr. Greer.
On motion of Rep. Beasley nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon the PRESIDENT announced that Mr. Benny R. Greer was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge in the Fifth Judicial Circuit.
Senator Lourie nominated the Honorable Carol Connor of Columbia as follows:
"Mr. President, distinguished members of this Joint Assembly:
It is a real privilege for me on behalf of the Richland County Legislative Delegation to name a successor to Judge Bristow. It is our pleasure to place in nomination the name of Judge Carol Connor.
Ms. Connor is now a native of Columbia. She was born in Kingstree and attended the Williamsburg County Public Schools, Converse College and the University of South Carolina Law School. She is presently serving as the Family Court Judge of the Fifth Judicial Circuit and has served in that capacity since 1983. Formerly, she was a member of the law firm of Ellison, Quinn and Connor, had served in the Public Defender's Office in Richland County, and as an Assistant Attorney General. She is a member of our State Bar, the Texas Bar Association, the United States District Court, and the United States Court of Claims. Her community service includes the Board of Directors of the Forest Lake School Foundation and the Superintendent's Advisory Committee for Richland County School District Two. She received the unique honor in 1984 when she was selected by the Columbia Record as one of Ten for the Future, recognizing the outstanding young men and women of our area. She received the Cayce-West Columbia Business and Professional Women's Club Professional Woman of the Year Award in 1985 and 1986. We're delighted to have with us her parents, Mr. Wallace Connor, a former member of this assembly of Kingstree, an attorney, and Harley McGill Connor, who is also the sister of Senator McGill; her husband, a former distinguished member of this House of Representatives, Palmer Freeman; and, her children, Timothy Connor Murphy and Wallace Connor Freeman. I would ask Judge Connor's family to stand up and be recognized at this time.
The position of Circuit Judge of the Fifth Judicial Circuit, we believe, is one of the most challenging Circuit Judge positions in the state, because of the various and sundry state agencies which are in Columbia and the multiple, complex and complicated type of litigation that arise in this Circuit, because we are in the capital city. We of the Richland Delegation are proud that we can offer as a servant to the state of South Carolina a lady we believe will bring intelligence, confidence and concern to that distinguished position as our resident judge, and on behalf of our delegation, Mr. President, I place in nomination the name of Carol Connor."
Rep. GORDON, on behalf of the Williamsburg Delegation; Senator Hayes, on behalf of the York Delegation; Reps. FELDER and WINSTEAD seconded the nomination of Ms. Connor.
On motion of Rep. SHEHEEN, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Carol Connor was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for an Associate Justice of the Supreme Court.
Rep. SHEHEEN nominated Rep. JEAN H. TOAL of Columbia as follows:
"Mr. President, Mr. Speaker and Members of the Joint Assembly:
In 1974, the voters in Richland County elected a young woman lawyer to serve in the South Carolina House of Representatives. She has served continuously in the House since that time. Not only has she served continuously since that time but she has been vitally involved in almost every major issue which has come before this body. She has served as Chairman of the House Rules Committee; she has been a Subcommittee Chairman on the House Judiciary Committee. Each of us know her well. We know her because of her intelligence. We know her because of her total commitment to state government. We know her because of her commitment to the Judicial system in South Carolina. We know her because of her active involvement and aggressive pursuit of high ideals in the improvement of South Carolina for each and every citizen.
Sometime ago, she made it known that she would like to take her enormous talents and abundant energy to the South Carolina Supreme Court. Today, I am pleased to place in nomination the name of Jean Hoefer Toal as Associate Justice of the South Carolina Supreme Court. I am pleased to say that she is joined here today in this Chamber by her father and mother, Herbert W. and Lilla F. Hoefer, by her husband, William Thomas Toal, and her two daughters, Jean Hoefer and Lilla Patrick Toal. We are pleased also to have as our guests in the Chamber today, the members of her law firm, Belser, Baker, Barwick, Ravenel, Toal and Bender. They have shared Mrs. Toal with us for a number of years during her period of service in the House and each of them has sacrificed for our benefit and for the benefit of the State of South Carolina so that her talents could be used in this General Assembly.
I am pleased to nominate her today for the South Carolina Supreme Court, not because it is what she wants to do, but because it is the best thing for her. It is the best thing for South Carolina. It is the best thing for the South Carolina Supreme Court. Her legal career, her legislative career, her commitment to her community have all qualified her to be the first woman to be placed on that court and to have qualified her to render outstanding service to the Judicial system in South Carolina and to the public in South Carolina. The House will lose a valuable member but her promotion to the South Carolina Supreme Court gives us comfort that her enormous talents will be used in a different arena, in a different branch of government for the protection of the citizens of this state."
Rep. WHITE, on behalf of the Beaufort Delegation; Rep. BLANDING, on behalf of the Sumter Delegation; Rep. J. ARTHUR; Senator Branton, on behalf of the Dorchester Delegation; Rep. WASHINGTON, on behalf of the Charleston Delegation; Senator Lourie, on behalf of the Richland Delegation; Rep. PEARCE, on behalf of the Horry Delegation; Reps. FELDER, WINSTEAD, and HARVIN; Rep. HUFF, on behalf of the Aiken Delegation; Rep. HELMLY, on behalf of the Berkeley Delegation; Rep. McEACHIN, on behalf of the Florence Delegation; Rep. McLELLAN, on behalf of the Oconee Delegation seconded the nomination of Rep. TOAL.
On motion of Rep. HASKINS, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Rep. JEAN H. TOAL was duly elected for the term prescribed by law.
We, the women members of the S.C. House of Representatives proudly second the nomination of Jean Toal to succeed The Honorable George T. Gregory, Jr., as Associate Justice of the S.C. Supreme Court.
We know she will contribute intellect and wisdom to the Court. Her presence as the first woman to serve on the S.C. Supreme Court will also enhance the stature of all women and of our State.
Rep. Harriet Keyserling
Rep. Joyce Hearn
Rep. Juanita White
Rep. Jean Harris
Rep. Donna Moss
Rep. Denny Neilson
Rep. Sara Shelton
Rep. Irene Rudnick
Rep. Lucille Whipper
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 11:40 A.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
The Reading Clerk of the House read the following House Resolution:
H. 3550 -- Reps. Washington, and Carnell: A HOUSE RESOLUTION TO SET WEDNESDAY, JANUARY 27, 1988, AS THE DATE FOR CONDUCTING AN ELECTION BY THE HOUSE TO FILL THE VACANCIES ON THE PUBLIC SERVICE MERIT SELECTION PANEL DESIGNATED FOR THE HOUSE OF REPRESENTATIVES, IMMEDIATELY FOLLOWING THE OTHER ELECTIONS THAT DAY.
The PRESIDENT announced that nominations were in order for members of the Public Service Merit Selection Panel.
Rep. LOCKEMY nominated John D. McInnis, Jr., of Dillon as follows:
"Mr. Speaker, ladies and gentlemen of the House:
I'm proud to make a nomination today for the Merit Selection Panel for the Public Service Commission. I'd like to nominate a gentleman from Dillon County who has already served on that panel for four years now, and I'd like to nominate him for re-election. John D. McInnis, Jr., is a member who has served in this body before; he's from the best families in Dillon County. He's a lawyer there, and was president of my Bar Association. He's done a very good job on the Merit Selection Panel, and I would like to ask in this nominating speech if you would consider him to be re-elected to the Merit Selection Panel for the Public Service Commission."
Rep. TAYLOR nominated H. Ron Stanley of Columbia as follows:
"Thank you. Mr. Speaker, ladies and gentlemen:
I'd like to nominate a young man originally from Horry County, South Carolina, who has served on the Merit Selection Panel since its inception. He's been doing some screening unlike any I've ever seen before. In fact, he helped screen me out of consideration about six or seven years ago for the same Public Service Commission. However, we have found that he has been a very diligent member of the Selection Panel.
Having attended school at Virginia State College in Petersburg, and being a graduate of the University of South Carolina Law School, Mr. Stanley is in the practice of law here in Columbia with the firm of Brown and Stanley. He's been an outstanding member of the Merit Selection Panel for its entire duration and warrants your consideration for another term on the Panel. Mr. Speaker, we'd like to place into nomination the name of Mr. H. Ron Stanley."
Rep. G. BROWN nominated William "Willie" Green DesChamps as follows:
"Thank you, Mr. Speaker. Ladies and gentlemen of the House:
It is indeed a pleasure to come before you today to nominate a friend of mine, one who served in this body for some ten years, and who served South Carolina so well in the South Carolina Senate for four years. To many of you, he needs no introduction; to the others of you, I'd like to tell you just a little bit about him, and make it very brief.
Mr. William Green DesChamps, Jr., better known to many of you as Willie Green, served in the City Council of Bishopville from 1948 to 1958, as Mayor of the City of Bishopville from 1958 to 1962, then began his tenure of service in the House and the Senate through 1980, with a two-year span. Mr. DesChamps is a graduate of a great university, Clemson University. He now serves as a lifetime member of the Clemson University Board of Trustees. He is married to the former Elizabeth N. Duvall of Cheraw. Without further adieu, I'd like to place in nomination for re-election to this panel, Mr. William Green DesChamps, Jr. Thank you."
On motion of Rep. CARNELL, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the PRESIDENT announced that Mr. John D. McInnis, Jr., Mr. H. Ron Stanley, and Mr. William "Willie" Green DesChamps were duly elected for the term prescribed by law.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Koon Lanford Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Sturkie Taylor Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
STATEMENT OF ATTENDANCE
Reps. LIMEHOUSE and KOON signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, January 26, 1988.
Rep. T.M. BURRISS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, January 20, 1988.
The SPEAKER Pro Tempore granted Rep. THRAILKILL a leave of absence for the day.
The SPEAKER Pro Tempore granted Rep. AYDLETTE a leave of absence for the day.
Announcement was made that Terry L. Dodge of Rock Hill is the Doctor of the Day for the General Assembly.
Rep. P. HARRIS moved that the House do now adjourn.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bradley, P. Rice
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Baker Barfield Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Cork Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Felder Foxworth Gentry Gregory Harris, J. Harris, P. Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Koon Lanford Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McBride McCain McEachin McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Snow Stoddard Taylor Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
So, the House refused to adjourn.
Rep. L. MARTIN moved that the House recede until 2:15 P.M., which was adopted.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following was received.
Columbia, S.C., January 27, 1988
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:20 A.M. on Thursday, January 28, 1988 for the purpose of Ratifying Acts.
Very respectfully,
President
Rep. BEASLEY moved to adjourn debate upon the message, which was adopted.
Rep. WILKINS moved to reconsider the vote whereby the following Bill was given a third reading, which was agreed to.
S. 651 -- Senators Thomas E. Smith, Jr., Peeler, Bryan and Hayes: A BILL TO AMEND SECTION 44-23-1080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST FURNISHING A PATIENT OR PRISONER UNDER JURISDICTION OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH WITH ANY MATTER DECLARED CONTRABAND, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO INTENTIONALLY OR NEGLIGENTLY ALLOW A PATIENT OR PRISONER TO HAVE ACCESS TO ALCOHOLIC BEVERAGES, FIREARMS, DANGEROUS WEAPONS, OR CONTROLLED SUBSTANCES AS DEFINED IN SECTION 44-53-110.
Rep. WILKINS, with unanimous consent, proposed the following Amendment No. 1 (Doc. No. 1012J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 44-23-1080 of the 1976 Code is amended to read:
"Section 44-23-1080. It is unlawful for any person to furnish any patient or prisoner under the jurisdiction of the South Carolina Department of Mental Health, at any of its facilities, with any matter declared by the department to be contraband. It is also unlawful for any unauthorized person to possess, on the ground of any facility of the department to be contraband. Matters considered contraband within the meaning of this section are those matters determined to be contraband by the department and published in a conspicuous place available to visitors and, in a conspicuous place available to patients and employees at each institution. A violation of the provisions of this section constitutes a felony, and anyone convicted of a violation must be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or imprisonment for not less than one year nor more than ten years, or both. No patient or prisoner under the jurisdiction of the South Carolina Department of Mental Health is allowed access to alcoholic beverages, firearms, dangerous weapons, or controlled substances as defined by Section 44-53-110. Any person who intentionally or negligently allows patients or prisoners of the department access to these items or who attempts to furnish these items to patients or prisoners of the department is guilty:
(1) in the case of alcoholic beverages or controlled substances, of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than ten thousand dollars or imprisonment for not less than thirty days nor more than ten years, or both; and
(2) in the case of firearms or dangerous weapons, of a felony and, upon conviction, must be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or imprisonment for not less than one year nor more than ten years, or both."
SECTION 2. In addition to the crimes classified as felonies in Section 16-1-10 of the 1976 Code, any violation of Section 44-23-1080(2) added by Section 1 of this act is a felony.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill, as amended, was read the third time and ordered returned to the Senate.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
S. 703 -- Senator Pope: A BILL TO AMEND SECTION 40-47-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINARY ACTION AGAINST PHYSICIANS, SURGEONS, AND OSTEOPATHS, SO AS TO PROVIDE FOR A LICENSEE'S RIGHT TO JUDICIAL REVIEW OF DISCIPLINARY ACTION, PROVIDE FOR THE APPEAL TO BE CONSIDERED AN EMERGENCY AND TO TAKE PRECEDENCE ON THE CIRCUIT COURT'S CALENDAR, REQUIRE THE APPEAL TO BE HEARD NOT LATER THAN THIRTY DAYS FROM THE DATE THE PETITION IS FILED, AND LIMIT THE GRANTING OF A STAY OR SUPERSEDEAS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3391 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT, SO AS TO REVISE THE DEFINITIONS; SECTION 38-31-30, RELATING TO APPLICATION OF THE ACT, SO AS TO PROVIDE FOR EXCEPTIONS; SECTION 38-31-40, RELATING TO THE CREATION OF AND MEMBERSHIP IN THE ASSOCIATION, SO AS TO PROVIDE FOR AN ADDITIONAL ACCOUNT; SECTION 38-31-60, RELATING TO THE POWERS AND DUTIES OF THE ASSOCIATION, SO AS TO PROVIDE FOR NEW DUTIES; SECTION 38-31-100, RELATING TO EXHAUSTING RIGHTS UNDER OTHER POLICIES AND CLAIMS RECOVERABLE FROM MORE THAN ONE ASSOCIATION, SO AS TO PROVIDE FOR A CLAIM UNDER A GOVERNMENTAL INSURANCE OR GUARANTY PROGRAM, CLAIM HELD BY AN INSURER, REINSURER, INSURANCE POOL, OR UNDERWRITING ASSOCIATION, AND CLAIM AGAINST AN INSURED UNDER A POLICY ISSUED BY AN INSOLVENT INSURER; SECTION 38-31-110, RELATING TO DETECTION AND PREVENTION OF INSURER INSOLVENCIES, SO AS TO REVISE THE DUTIES OF THE ASSOCIATION'S BOARD OF DIRECTORS AND THE INSURANCE COMMISSIONER; SECTION 38-31-150, RELATING TO IMMUNITY FROM LIABILITY FOR ACTION UNDER THIS ACT, SO AS TO PROVIDE FOR IMMUNITY FROM ANY OMISSION; AND SECTION 38-31-160, RELATING TO PROCEEDINGS INVOLVING INSOLVENT INSURERS, SO AS TO PROVIDE FOR EXTENSION OF THE PERIOD OF TIME TO STAY THE PROCEEDINGS; AND TO REPEAL SECTION 38-31-180 RELATING TO CONSTRUCTION OF THE ACT.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3396 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTIONS 38-79-110, 38-79-120, AND 38-79-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS TO EXCLUDE HOMEOWNERS AND FARMOWNERS LIABILITY FROM NET DIRECT PREMIUMS OF THE ASSOCIATION.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry,submitted a favorable report, on:
H. 3397 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND ARTICLE 11, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TITLE INSURANCE, BY ADDING SECTIONS 38-75-905 AND 38-75-920 THROUGH 38-75-1000 SO AS TO REGULATE MORE STRINGENTLY THE TITLE INSURANCE BUSINESS IN THIS STATE.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3398 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO REPEAL SECTION 38-57-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST GROUP PROPERTY, MARINE, CASUALTY, OR SURETY INSURANCE.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3401 -- Reps. Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-63-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INCONTESTABILITY OF INDIVIDUAL LIFE INSURANCE POLICIES AND EXCEPTIONS THERETO, SO AS TO PROVIDE FOR THE REQUIRED CONTENTS OF THESE POLICIES; TO AMEND ARTICLE 1, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE POLICIES, BY ADDING SECTION 38-63-60 SO AS TO DEFINE WHAT CONSTITUTES "INDUSTRIAL LIFE INSURANCE" AND TO PROVIDE THAT NO POLICY OF LIFE INSURANCE DELIVERED OR ISSUED FOR DELIVERY IN SOUTH CAROLINA MAY USE INDUSTRIAL MORTALITY TABLES UNLESS THE POLICY IS AN INDUSTRIAL LIFE INSURANCE POLICY; TO AMEND ARTICLE 1, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE POLICIES, BY ADDING SECTION 38-63-80 SO AS TO PROVIDE THAT WHEN AN INDIVIDUAL LIFE INSURANCE POLICY PROVIDES FOR PAYMENT OF ITS PROCEEDS IN A LUMP SUM UPON THE DEATH OF THE INSURED AND THE INSURER FAILS TO PAY THE PROCEEDS WITHIN THIRTY DAYS OF SUBMISSION OF PROOF OF DEATH, THE PAYMENT SHALL INCLUDE INTEREST AT THE LEGAL RATE OF INTEREST FROM THE DATE OF DEATH OF THE INSURED UNTIL THE DATE THE CLAIM IS PAID; TO AMEND ARTICLE 3, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE, BY ADDING SECTION 38-63-225 SO AS TO REGULATE THE USE OF CERTAIN SUICIDE AND DEATH EXCLUSIONS AND RESTRICTIONS IN THESE POLICIES; AND TO REPEAL SECTION 38-63-230 RELATING TO LIMITATIONS ON PROCEEDINGS TO CONTEST LIFE INSURANCE POLICIES.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3431 -- Reps. Boan and J.W. McLeod: A BILL TO AMEND SECTIONS 15-9-270, AS AMENDED, 15-9-285, AND 38-25-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES AND SERVICE ON INSURANCE COMPANIES AND THE ISSUANCE AND DELIVERY OF A POLICY OF INSURANCE OR CONTRACT OF INSURANCE OR INDEMNITY OFFERED BY AN INSURER NOT LICENSED IN THIS STATE AND THE CONDITIONS UNDER WHICH SERVICE OF PROCESS MUST BE MADE, SO AS TO INCREASE THE FEE FROM FOUR TO TEN DOLLARS WHICH MUST ACCOMPANY THE SUMMONS AND ANY OTHER LEGAL PROCESSES DELIVERED TO THE CHIEF INSURANCE COMMISSIONER BY AN INSURANCE COMPANY AND PROVIDE THAT FIVE DOLLARS OF THIS FEE MUST BE RETAINED BY THE CHIEF INSURANCE COMMISSIONER TO OFFSET HIS COSTS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3432 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-69-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INCONTESTABILITY OF ANNUITY CONTRACTS AND THE EXCEPTIONS THERETO, SO AS TO PROVIDE FOR THE REQUIRED CONTENTS OF CERTAIN ANNUITIES AND ENDOWMENT CONTRACTS, TO AMEND ARTICLE 1, CHAPTER 69, TITLE 38, RELATING TO ANNUITIES BY ADDING SECTION 38-69-30 SO AS TO PROVIDE THAT WHEN THE PROCEEDS OF AN ANNUITY BECOMING A CLAIM BY THE DEATH OF THE INSURED ARE LEFT WITH AN INSURANCE COMPANY UNDER A TRUST OR OTHER AGREEMENT, THE BENEFITS ACCRUING THEREUNDER AFTER THE DEATH OF THE INSURED ARE NOT TRANSFERABLE NOR SUBJECT TO COMPUTATION OR INCUMBRANCE NOR TO LEGAL PROCESS, EXCEPT IN AN ACTION TO RECOVER FOR NECESSARIES IF THE PARTIES TO THE TRUST OR OTHER AGREEMENT SO AGREE, AND TO REPEAL SECTION 38-69-130 RELATING TO LIMITATIONS ON PROCEEDINGS TO CONTEST CERTAIN ANNUITY CONTRACTS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3436 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTIONS 38-61-20, 38-71-310, AND 38-71-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPROVAL OF INSURANCE POLICY CONTRACT FORMS GENERALLY BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE STANDARDS FOR FORM APPROVAL, AND TO PROVIDE FOR EXEMPTION FROM FORM APPROVAL.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3448 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "INSURANCE AGENT", SO AS TO DELETE CATEGORIES; AND TO AMEND SECTION 38-43-20, RELATING TO LICENSING REQUIREMENT OF INSURANCE AGENTS, SO AS TO DELETE CATEGORIES OF EMPLOYEES, INCLUDING CLERICAL AGENCY EMPLOYEES, AND TO ALLOW DELAYED LICENSING FOR AGENTS QUALIFIED TO TRANSACT LIFE, HEALTH, OR GROUP INSURANCE WHEN THE AGENT IS NOT SPECIFICALLY LICENSED FOR THE INSURER WHEN THE AGENT PRESENTS THE PROPOSAL.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3449 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTIONS 38-1-20, 38-9-100, 38-25-540, 38-25-550, 38-45-20, 38-45-30, 38-45-90, 38-45-110, 38-75-710, AND 38-75-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, SO AS TO DEFINE "ADMITTED INSURER", "ELIGIBLE SURPLUS LINES INSURER", "NONADMITTED INSURER", AND "SURPLUS LINES INSURANCE" AND TO REGULATE THEIR USE AND ACTIVITIES, AND TO CHANGE PROVISIONS RELATING TO SECURITY DEPOSITS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-45-160 AND 38-45-170 SO AS TO REGULATE POLICY FEES CHARGED BY BROKERS AND TO PROVIDE FOR THE APPOINTMENT OF THE CHIEF INSURANCE COMMISSIONER AS TRUE AND LAWFUL ATTORNEY FOR SERVICE OF PROCESS FOR ELIGIBLE SURPLUS LINES INSURERS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3450 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND TITLE 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 85 SO AS TO REGULATE CONSOLIDATIONS AND MORTGAGE INSURANCE OFFERED, ISSUED, OR DELIVERED IN SOUTH CAROLINA, BY MAIL OR OTHERWISE, IN CONNECTION WITH CONSOLIDATIONS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3478 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-63-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF AN INDIVIDUAL LIFE INSURANCE POLICY FOR A MARRIED INDIVIDUAL AND CHILDREN FROM CLAIMS OF CREDITORS AND TO AMEND SECTION 38-65-90, RELATING TO THE PROTECTION OF A GROUP LIFE INSURANCE POLICY FOR A MARRIED INDIVIDUAL AND CHILDREN FROM CLAIMS OF CREDITORS, SO AS TO INCREASE THE MAXIMUM AMOUNT OF LIFE INSURANCE COVERED BY THESE SECTIONS FROM TWENTY-FIVE THOUSAND TO FIFTY THOUSAND DOLLARS AND TO REMOVE THE PROTECTION PROVIDED FOR A MARRIED INDIVIDUAL AND CHILDREN IN THESE SECTIONS WHEN THE POLICY WAS OBTAINED WITH THE INTENT TO DEFRAUD CREDITORS OR THE CREDITOR OR REPRESENTATIVE POSSESSES A VALID ASSIGNMENT OF THE CASH SURRENDER VALUE OF THE POLICY FROM THE POLICYHOLDER ON A SEPARATE FORM.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3515 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CAPITAL AND SURPLUS REQUIREMENTS OF STOCK INSURERS, AND SECTION 38-9-20, RELATING TO THE SURPLUS REQUIREMENTS OF MUTUAL INSURERS, SO AS TO INCREASE THE AMOUNT OF THE REQUIREMENTS; AND TO AMEND SECTION 38-9-30, RELATING TO THE INSURERS SUBJECT TO THE REQUIREMENTS, AND SECTION 38-9-50, RELATING TO THE RESTRICTIONS ON INSURERS WHO FAIL TO MEET THE REQUIREMENTS, SO AS TO REVISE THE DATES UPON WHICH THE RESTRICTIONS AND REQUIREMENTS TAKE EFFECT.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3528 -- Reps. Hearn and T.M. Burriss: A BILL TO AMEND SECTION 38-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS CONSIDERED AGENTS OF INSURERS, SO AS TO PROVIDE THAT CERTAIN FINANCIAL ADVISORS ARE NOT CONSIDERED INSURANCE AGENTS UNDER SPECIFIED CONDITIONS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3534 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-77-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF AUTOMOBILE INSURANCE, SO AS TO DEFINE "INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE" FOR THESE PURPOSES.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3535 -- Reps. Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-51-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ADMINISTRATOR OF INSURANCE BENEFITS PLANS, SO AS TO EXEMPT THE SOUTH CAROLINA LIFE AND ACCIDENT AND HEALTH INSURANCE GUARANTY ASSOCIATION AND ANY PERSON WHO ADJUSTS OR SETTLES CLAIMS AS ITS EMPLOYEE OR AGENT.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3297 -- Rep. J. Rogers: A BILL TO AMEND SECTION 58-27-1300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF PROPERTY, POWERS, FRANCHISES, OR PRIVILEGES OF ELECTRIC UTILITIES WITH THE APPROVAL OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT ELECTRIC UTILITIES MAY DISPOSE OF PROPERTY, POWERS, FRANCHISES, OR PRIVILEGES OWNED BY THEM OUTSIDE THIS STATE OR PROPERTY WHICH HAS AN INITIAL COST OF ONE MILLION DOLLARS OR LESS WITHOUT THE PRIOR APPROVAL OF THE COMMISSION.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3074 -- Rep. McAbee: A BILL TO VEST IN CLEMSON UNIVERSITY THE TITLE TO LANDS CONSTITUTING PORTIONS OF THE OLD PEE DEE EXPERIMENT STATION IN FLORENCE COUNTY PREVIOUSLY ACQUIRED BY THIS STATE FOR THE USE OF CLEMSON UNIVERSITY IN ITS AGRICULTURAL RESEARCH PROGRAM.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3304 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 52-17-20, 52-17-30, AND 52-17-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BINGO, SO AS TO TRANSFER THE LICENSING FUNCTIONS OF THE SECRETARY OF STATE IN REGARD TO BINGO TO THE SOUTH CAROLINA TAX COMMISSION.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3319 -- Reps. J. Harris, J.H. Burriss, Keyserling, T. Rogers, Shelton and Corning: A BILL TO AMEND CHAPTER 16, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 SO AS TO PROVIDE FOR THE PAYMENT OF ESTATE TAX WITH A CONTRIBUTION OF CULTURAL PROPERTY TO A STATE AGENCY.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3358 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTIONS 12-21-780, 12-21-2120, AND 12-21-2550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXES ON TOBACCO PRODUCTS, SOFT DRINKS, AND ADMISSIONS, SO AS TO ALLOW QUARTERLY INSTEAD OF MONTHLY REPORTS ON ACCOUNTS WITH LESS THAN ONE HUNDRED DOLLARS OF TAX LIABILITY MONTHLY.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3433 -- Reps. Baker, M.O. Alexander, Blackwell, P. Bradley, Clyborne, Fair, Haskins, Mattos, L. Phillips, Rice, Shelton and Wilkins: A JOINT RESOLUTION TO AUTHORIZE THE GOVERNING BODY OF ANY COUNTY TO EXTEND UNTIL MARCH 15, 1988, THE DEADLINE FOR APPEALING THE REASSESSMENT OF A PERSON'S AD VALOREM PROPERTY TAXES FOR TAX YEAR 1987 ONLY.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3497 -- Reps. Kirsh, McLellan, Gregory, Fair, Klapman, J. Harris, Winstead, Ferguson, Hodges, Baker, T. Rogers, Elliott, Taylor, Stoddard, Shelton, J.W. Johnson, Hayes, Nesbitt, R. Brown, M.O. Alexander, Foster, Mattos, McKay, Gentry, Blackwell, Rice, McCain, Huff, L. Phillips, Gilbert, Day, Townsend, G. Bailey, Williams, Gordon, T.C. Alexander, J.C. Johnson, Boan, Lockemy, Hearn, P. Harris, McBride, Waldrop, K. Bailey, Bennett, Corning, White, Nettles, Sheheen, Beasley, Davenport, D. Martin, Faber, Haskins, O. Phillips, Arthur, Lewis, Petty, Kay, Thrailkill, McGinnis, Cole, Lanford, Simpson, Mappus, Wilkins, Toal, Barfield, J. Rogers, Washington, J. Bradley, P. Bradley, McEachin, T.M. Burriss, McAbee, Carnell and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 1 SO AS TO PROVIDE FOR THE COMPLIANCE REVIEW ACT OF 1988 BY CREATING A FORMAL STRUCTURED PROCESS TO BE CONDUCTED BY THE REORGANIZATION COMMISSION TO DETERMINE THE DEGREE OF AGENCY COMPLIANCE WITH THE FINDINGS AND RECOMMENDATIONS CONTAINED IN LEGISLATIVE AUDIT COUNCIL REPORTS AND TO PROVIDE FOR THE CHAPTER TO APPLY TO ANY AUDIT OR REPORT RELEASED TO THE PUBLIC AFTER DECEMBER 31, 1988.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3357 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-3-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY OF THE SOUTH CAROLINA TAX COMMISSION TO CONTRACT FOR COMPUTER SERVICES WITH OTHER STATE AGENCIES, SO AS TO BROADEN THE CONTRACTING AUTHORITY TO INFORMATION RESOURCES OR OTHER RELATED SERVICES.
Ordered for consideration tomorrow.
The following was taken up for immediate consideration:
H. 3611 -- Rep. P. Harris: A HOUSE RESOLUTION TO SET WEDNESDAY, FEBRUARY 3, 1988, AT 12:00 NOON AS THE TIME FOR AN ELECTION OF A NEW MEMBER TO THE ETHICS COMMITTEE FOR THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
Be it resolved by the House of Representatives:
That 12:00 noon on Wednesday, February 3, 1988, the House of Representatives shall elect a new member to the Ethics Committee.
The Resolution was adopted.
The following was introduced:
H. 3612 -- Reps. Kirsh, Foster, Hayes, Nesbitt and Short: A HOUSE RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AT THE DEATH OF MELVIN L. KELLY, JR., OF YORK COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 3613 -- Reps. P. Harris and Blackwell: A CONCURRENT RESOLUTION TO HONOR MR. JOHN LACY MCLEAN, OF GREENVILLE, UPON HIS RETIREMENT, AND TO RECOGNIZE HIS MANY ACCOMPLISHMENTS INCLUDING HIS SERVICE AS PRESIDENT OF THE SOUTH CAROLINA FOUNDATION OF INDEPENDENT COLLEGES SINCE 1953, SERVING LONGER THAN ANY COLLEGE ASSOCIATION OFFICIAL IN THE NATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3614 -- Reps. Blanding, McElveen, E.B. McLeod, G. Brown and Baxley: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE THE NEW U.S. HIGHWAY 521 FROM BROAD STREET, SUMTER, SOUTH CAROLINA, TO THE KERSHAW COUNTY LINE AS THE "RAYMOND J. 'CHIC' MATHIS HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3615 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE N.J. LANEY, JR., OF LEE COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3616 -- Reps. Beasley, T. Rogers, Hearn, Corning, T.M. Burriss, Taylor, J. Rogers, Toal, Faber and McBride: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION TO G. CAMERON TODD OF COLUMBIA IN RICHLAND COUNTY FOR HIS MANY YEARS OF UNSELFISH AND EFFECTIVE SERVICE IN COMMUNITY AND STATE AFFAIRS AND TO WISH HIM MANY YEARS OF GOOD HEALTH AND HAPPINESS UPON HIS RETIREMENT AS MANAGER OF THE COLUMBIA AND CHARLESTON OFFICES OF THE MERRILL LYNCH BROKERAGE FIRM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3617 -- Reps. Dangerfield, Kohn, Foxworth, Holt, Whipper, Winstead, Aydlette, D. Martin, Washington and Mappus: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. JOHN MINOTT RIVERS, CHARLESTON BUSINESS AND CIVIC LEADER, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3618 -- Reps. Rudnick, Hearn, Waldrop, Corning, E.B. McLeod, Taylor and Humphries: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. HELEN STERN LIPTON OF BEAUFORT AND EXTENDING SYMPATHY TO HER FAMILY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. J. ROGERS, with unanimous consent, the following was taken up for immediate consideration:
H. 3619 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JULIUS B. NESS, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, FEBRUARY 24, 1988.
Be it resolved by the House of Representatives, the Senate concurring:
That the Chief Justice of the South Carolina Supreme Court, the Honorable Julius B. Ness, is invited to address the General Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12:00 o'clock noon on Wednesday, February 24, 1988.
Be it further resolved that a copy of this resolution be delivered to Chief Justice Ness.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3620 -- Reps. J.H. Burriss and T.M. Burriss: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE GENERAL ASSEMBLY FOR THE UPCOMING JAMIL SHRINE CIRCUS TO BE HELD ON JANUARY 29, 30, AND 31, 1988, AND TO THANK THE SHRINERS OF THE JAMIL TEMPLE FOR THEIR EFFORTS IN HELPING SICK AND NEEDY CHILDREN.
Whereas, the members of the General Assembly are pleased to learn that the Jamil Temple again will be promoting the Jamil Shrine Circus, "The Circus with a Purpose", on January 29, 30, and 31, 1988; and
Whereas, for the past eleven years this group of dedicated Shriners has sponsored this outstanding circus and used the proceeds for projects benefiting mentally retarded, physically handicapped, abused and neglected, and seriously ill or injured children; and
Whereas, the members of the General Assembly, by this resolution, would like to lend their strong support to this fine endeavor and thank this group of dedicated Shriners for all they have done for the sick and needy children of South Carolina and surrounding areas. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly express their support for the upcoming Jamil Shrine Circus to be held on January 29, 30, and 31, 1988, and thank the Shriners of the Jamil Temple for their efforts in helping sick and needy children.
Be it further resolved that a copy of this resolution be forwarded to Jamil Shrine Temple.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3621 -- Reps. Lockemy, G. Brown, G. Bailey, R. Brown, J. Harris, Burch, Beasley, Waldrop, J.W. McLeod and McBride: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO TAKE ALL EFFORTS AND SUPPORT MEASURES WHICH WOULD RELIEVE THE CONSTRAINTS BEING PLACED ON THE RAILROAD INDUSTRY.
The Concurrent Resolution was ordered referred to the Committee on Invitation.q and Memorial Resolutions.
The following was introduced:
H. 3622 -- Reps. Rudnick, Carnell, Keyserling, Snow, Altman, Jones, Huff, Cooper, McAbee and White: A CONCURRENT RESOLUTION TO REQUEST THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO PLACE A SUITABLE MEMORIAL IN THE STATE HOUSE OR ON THE STATE HOUSE GROUNDS TO CHARLES PINCKNEY, DISTINGUISHED SOUTH CAROLINA POLITICAL LEADER AND DIPLOMAT, WHO CONTRIBUTED GREATLY TO THE PREPARATION AND RATIFICATION OF THE UNITED STATES CONSTITUTION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
Rep. L. PHILLIPS insisted upon the Special Orders of the day.
The following Bill was taken up.
H. 3512 -- Education and Public Works Committee: A BILL TO AMEND SECTIONS 56-1-40, 56-1-50, 56-1-180, 56-1-440, 56-1-720, 56-1-1030, 56-1-1090, 56-1-1100, 56-5-750, 56-5-1520, AS AMENDED, 56-5-2940, 56-5-4100, 56-5-4450, 56-5-5015, 56-5-6410, 56-5-6420, 56-5-6430, 56-9-340, 56-10-240, 56-10-250, 56-10-260, 56-10-270, AND 59-67-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF THE OPERATION OF MOTOR VEHICLES, SO AS TO INCREASE THE AGE OF PERSONS WHO MAY OBTAIN RESTRICTED DRIVERS' LICENSES FROM BETWEEN FIFTEEN AND SIXTEEN YEARS OLD TO BETWEEN SIXTEEN AND SEVENTEEN YEARS OLD AND TO ALLOW THEM TO OPERATE WITHOUT ACCOMPANIMENT OF ADULT LICENSEES WHEN GOING TO OR FROM THEIR PLACES OF BUSINESS, TO ALLOW RENEWAL OF BEGINNERS' LICENSES TO PERSONS WHO HAVE SPECIAL RESTRICTED LICENSES AND REGULAR LICENSES FOR PERSONS BELOW THE AGE OF QUALIFICATION OF THE LICENSES, TO PROVIDE A PROCEDURE FOR THE REVOCATION OR SUSPENSION OF THE DRIVERS' LICENSES OF HABITUAL OFFENDERS, TO ALLOW THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DETERMINE WHEN A PERSON IS AN HABITUAL OFFENDER AND TO REQUIRE THE DEPARTMENT TO NOTIFY THE SOLICITOR OR ATTORNEY GENERAL OF THAT FACT IF CRIMINAL CHARGES ARE INVOLVED, TO PROVIDE FOR THE ASSESSMENT OF FIVE POINTS AGAINST A PERSON CONVICTED OF DRIVING AT A RATE IN EXCESS OF SEVENTY MILES AN HOUR, TO INCREASE PENALTIES FOR EXCEEDING THE SPEED LIMITS FOR VIOLATION OF DRIVERS' LICENSING STATUTES AND FOR D.U.I. CONVICTIONS, TO PROVIDE THAT FIVE DOLLARS OF A FINE FOR SPEEDING MUST BE PAID TO THE DEPARTMENT TO BE USED TO EMPLOY ADDITIONAL PATROLMEN, TO PROHIBIT THE SUSPENSION OF A FINE FOR FIRST OFFENSE D.U.I. AND THE SUSPENSION OF A MONETARY FINE BELOW THAT OF THE NEXT PRECEDING MINIMUM MONETARY FINE, TO REGULATE THE MANNER IN WHICH TRUCKS AND OTHER VEHICLES MAY BE LOADED AND TO REQUIRE THEM TO ASSURE THAT THE LOAD DOES NOT ESCAPE FROM THE VEHICLE, TO REQUIRE THE USE OF ILLUMINATING DEVICES ON VEHICLES OPERATING WHEN INCLEMENT WEATHER OR ENVIRONMENTAL FACTORS SEVERELY REDUCE VISIBILITY AND TO PROVIDE PENALTIES, TO ADOPT SAFETY STANDARD NO. 205 (GLAZING MATERIALS) OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND TO APPLY ITS PROVISIONS TO INDIVIDUALS, TO PROVIDE THAT IN MITIGATING CIRCUMSTANCES A MOTOR VEHICLE OPERATOR MAY REFUSE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT OFFICER, BUT A PERSON UNLAWFULLY REFUSING TO STOP FOR A LAW ENFORCEMENT OFFICER SHALL HAVE HIS DRIVER'S LICENSE SUSPENDED FOR THIRTY DAYS, TO PROVIDE THAT IN ASSUMING RESPONSIBILITY FOR TRANSPORTING SCHOOL CHILDREN SCHOOL DISTRICTS MUST GIVE PRIORITY TO CHILDREN BASED ON AGE, TO REQUIRE CHILDREN FOUR THROUGH SIX YEARS OF AGE TRAVELING IN THE FRONT SEAT OF A MOTOR VEHICLE TO BE SECURED BY A SEAT BELT AND TO REQUIRE ANY CHILD ONE YEAR OLD AND UNDER SIX YEARS OLD TRAVELING IN THE BACK SEAT OF A VEHICLE TO BE SECURED IN A CHILD RESTRAINT SYSTEM OR WITH A SEAT BELT, TO EXEMPT DRIVERS FROM LIABILITY IF ALL RESTRAINT DEVICES ARE OCCUPIED BY CHILDREN UNDER THE AGE OF SIX YEARS AND IF A CHILD IS PHYSICALLY IMPAIRED, TO INCREASE PENALTIES FOR FAILING TO RETURN LICENSES AND REGISTRATION FOR LOSS OF PROOF OF FINANCIAL RESPONSIBILITY, GIVING FALSE INFORMATION ABOUT INSURANCE COVERAGE, OPERATING AN UNINSURED VEHICLE, OR TO TRANSFER A VEHICLE WHICH HAS SUSPENDED REGISTRATION AND LICENSE PLATES AND TO PROVIDE THAT IN SUCH CASES ONLY CONVICTIONS WHICH OCCURRED WITHIN FIVE YEARS OF THE LAST CONVICTION CONSTITUTE PRIOR CONVICTIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-5-2941 AND 56-5-6445 SO AS TO PROVIDE THAT THE ARRESTING OFFICER IN A D.U.I. CASE SHALL TAKE THE DRIVER'S LICENSE OF THE ACCUSED AND ISSUE A SUMMONS TO PROVIDE A PROCEDURE FOR THE OPERATION OF VEHICLES BY THE ACCUSED UNTIL DISPOSITION OF THE CASE AND A PROCEDURE FOR FORWARDING THE SUSPENDED LICENSE TO THE APPROPRIATE STATE AND OUT-OF-STATE AGENCIES, AND TO PROVIDE THAT THE CHILD RESTRAINT DEVICE USE STATUTES ONLY APPLY TO MOTOR VEHICLES EQUIPPED WITH SAFETY BELTS; AND TO REPEAL SECTIONS 56-1-1040, 56-1-1050, 56-1-1060, 56-1-1070, AND 56-1-1080 RELATING TO HABITUAL OFFENDERS.
Reps. SIMPSON and L. PHILLIPS explained the Bill.
Reps. L. MARTIN, McELVEEN, BAKER, CLYBORNE, HAYES, SIMPSON and CORNING proposed the following Amendment No. 1 (Doc. No. 1025J).
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ______. Article 43, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-6240. (A) In addition to the other penalties provided by law, persons convicted of a violation of operating a motor vehicle while his license is cancelled, suspended or revoked, operating a motor vehicle while under the influence of intoxicating liquor or drugs, operating a motor vehicle in violation of the provisions of Chapter 9 of this title (Financial Responsibility Act) or operating a motor vehicle without proper registration and licensing, not including an expired inspection sticker, who have a previous conviction of two or more of these offenses within the last five years, must have the motor vehicle they drove during this offense if the defendant is owner of record or a resident relative of the relative of the household of the owner of record, forfeited under the terms and conditions as provided in subsections (B) and (C) and must be confiscated by the arresting officer or other law enforcement officer of that agency at the time of arrest, which officer shall immediately deliver it to the head of his law enforcement agency or his authorized agent. However, forfeiture of a vehicle if subordinate in priority to all valid liens.
(B) Upon the conviction of the person driving the vehicle, or upon his plea of guilty or nolo contendere to these offenses, the - attorney representing the governmental entity of which that law enforcement agency is a part shall initiate an action in the circuit court of the county in which the vehicle was seized to accomplish forfeiture by giving notice to owners of record, lienholders of record, and other persons claiming an interest in the vehicle subject to forfeiture and by giving these persons an opportunity to appear and show why the vehicle should not be forfeited and disposed of as provided for by this section. Failure of any person claiming an interest in the vehicle to appear at the above proceeding after having been given notice thereof, constitutes a waiver of his claim. The court, after hearing, shall order that the vehicle be forfeited to the State or to the political subdivision of the State of which the law enforcement agency is a part and sold in the manner provided herein, or returned to the owner of record. The court shall order a vehicle returned to the owner of record if it is shown by a preponderance of the evidence that: (1) the use of the vehicle on the occasion of arrest was not either expressly or impliedly authorized; or (2) the owner of record did not know that the driver had no valid driver's license. Otherwise the court shall order the vehicle forfeited. Forfeiture of a vehicle is subordinate in priority to all valid liens and encumbrances.
Notice of the above proceedings must be accomplished by personal service of the owner of record, lienholder of record, if any, and any other person claiming an interest in the vehicle of a certified copy of the petition or notice of hearing, and by publication of notice in a newspaper of general circulation in the county where the vehicle was seized for a period of at least two successive weeks before the hearing.
Property constituted forfeited property by this section must be sold as provided in subsection (C).
(C) The law enforcement agency making the arrest or its authorized agent shall sell the confiscated vehicle at public auction for cash to the highest bidder in front of the county courthouse in the county where it was confiscated or at another suitable location in that county after having given ten days' public notice of the sale by posting advertisement thereof on the door or bulletin board of the county courthouse or other location of the public auction, and by publishing an advertisement of the auction at least once in a newspaper of general circulation in the county at least ten days before the auction. Upon the sale the agency or its agent shall pay over the net proceeds thereof, after payment of the liens and encumbrances on the vehicle, and after payment of the proper costs and expenses, if any, of the seizure, advertisement, and sale including any proper expense incurred for the storage of the confiscated vehicle, to the State or the political subdivision of this State of which the law enforcement agency is a part, for use in law enforcement."/
Renumber sections to conform.
Amend title to conform.
Rep. L. MARTIN was recognized to explain the amendment.
Rep. GREGORY raised the Point of Order that Amendment No. 1 was out of order as it was not germane to the Bill.
The SPEAKER stated that the amendment was germane and overruled the Point of Order.
Rep. L. MARTIN explained the amendment.
Rep. NETTLES spoke against the amendment.
Rep. BEASLEY moved to table the amendment.
Rep. L. MARTIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Arthur Bailey, K. Beasley Blackwell Blanding Boan Brown, J. Brown, R. Burch Carnell Dangerfield Day Faber Felder Gentry Gilbert Gregory Harris, P. Hodges Johnson, J.W. Jones Kay Kirsh Limehouse Martin, D. McBride McEachin McGinnis McLeod, J.W. Moss Neilson Nesbitt Nettles Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Washington Wells Whipper White Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barfield Baxley Bennett Bradley, P. Brown, G. Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Cork Corning Davenport Derrick Fair Harris, J. Harvin Haskins Hayes Hearn Helmly Hendricks Holt Huff Humphries Johnson, J.C. Keyserling Klapman Kohn Koon Lanford Mappus Martin, L. Mattos McAbee McCain McElveen McKay McLellan McLeod, E.B. McTeer Pettigrew Petty Rhoad Simpson Taylor Townsend Tucker Waldrop Wilkins Williams
So, the House refused to table the amendment.
RE: Tabling motion on Amendment No. 1, H. 3512.
I voted to table this amendment because of the damage which could be caused innocent family members and lienholders who are not at fault. The Judiciary Committee should address this issue in separate legislation.
Rep. DILL BLACKWELL
Reps. BEASLEY, HODGES, LIMEHOUSE and WASHINGTON spoke against the amendment.
Reps. HENDRICKS, HAYES and McELVEEN spoke in favor of the amendment.
The SPEAKER granted Rep. J. HARRIS a temporary leave of absence.
Rep. McELVEEN continued speaking.
Rep. BAXLEY asked unanimous consent to amend Page 2 of the amendment at the desk, which was agreed to.
Rep. BEASLEY moved to adjourn debate upon the amendment, which was adopted.
Rep. RUDNICK proposed the following Amendment No. 2 (Doc. No. 1259J), which was tabled.
Amend the bill, as and if amended, by adding new sections to be appropriately numbered to read:
/SECTION _____. Chapter 5 of Title 56 of the 1976 Code is amended by adding:
Section 56-5-6510. As used in this article:
(1) 'Motor vehicle' means any passenger car, truck, van, or recreational vehicle required to be equipped with safety belts by Federal Motor Vehicle Safety Standard No. 208 (49 CFR 571.208), manufactured after July, 1966.
(2) 'Driver' means a person who drives or is in actual physical control of a motor vehicle.
Section 56-5-6520. The driver and every occupant of a motor vehicle, when it is being operated on the public streets and highways of this State, shall wear a properly fastened safety belt which complies with all provisions of federal law for their use. The driver is charged with the responsibility of requiring each occupant over four and under seventeen years of age to wear a safety belt.
Section 56-5-6530. The provisions of this article do not apply to:
(1) a driver or occupant who possesses a written verification from a physician that he is unable to wear a safety belt for physical or medical reasons;
(2) medical or rescue personnel attending to injured or sick individuals in an emergency vehicle when operating in an emergency situation as well as the injured or sick individuals;
(3) school, church, and day care buses;
(4) public transportation vehicles except taxis;
(5) sanitation and fire trucks;
(6) occupants of vehicles in parades;
(7) rural mail carriers;
(8) an occupant for which no safety belt is available because all belts are being used by other occupants;
(9) a driver or occupant frequently stopping and leaving a motor vehicle for delivery purposes and farm trucks as defined by Section 56-3-670;
(10) children under four years of age who must be properly restrained as provided by Article 47 of Chapter 5 of Title 56.
Section 56-5-6540. Any person violating the provision of this article upon conviction must be fined not more than ten dollars, all or part of which may be suspended. No court costs may be assessed against the person convicted. No custodial arrest for a violation of this article may be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine.
Section 56-5-6550. No vehicle, driver, or passenger in a vehicle may be inspected, or searched solely because of a violation of or to determine compliance with this article.
Section 56-5-6560. A violation of this article does not constitute negligence, per se, or contributory negligence, and is not admissible as evidence in any trial of any civil action."
SECTION _____. For six months after the effective date of this act only warnings may be issued for violations of Article 48, Chapter 5, Title 56 of the 1976 Code./
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. RUDNICK continued speaking.
Rep. R. BROWN was recognized.
Rep. R. BROWN spoke ln favor of the amendment.
Rep. FOXWORTH spoke against the amendment.
Rep. FOXWORTH moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Barfield Beasley Bennett Blackwell Boan Bradley, P. Brown, G. Brown, H. Brown, J. Burch Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corning Dangerfield Davenport Day Derrick Elliott Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gregory Harris, P. Haskins Hearn Helmly Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Klapman Kohn Koon Lanford Limehouse Lockemy Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nettles Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, T. Sharpe Sheheen Shelton Short Simpson Stoddard Sturkie Taylor Townsend Tucker Waldrop Washington Wells Wilkins Winstead
Those who voted in the negative are:
Baxley Blanding Brown, R. Cork Hayes Hodges Humphries Keyserling Mappus McElveen McLellan Nesbitt Pearce Rogers, J. Rudnick Whipper Williams
So, the amendment was tabled.
RE: Amendment No. 2
Although I habitually use seat belts and believe wise persons should use them, I voted to table this amendment. There is no present law prohibiting the use of seat belts.
Rep. DILL BLACKWELL
I was out of my seat during the voting of the seat belt amendment. Had I voted, I would have voted against the amendment or to table.
Rep. JOHN J. SNOW
Rep. P. BRADLEY moved that the House do now adjourn.
Rep. TOWNSEND demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bennett Bradley, P. Brown, H. Cork Faber Ferguson Foxworth Gilbert Gregory Helmly Hodges Jones Limehouse Mappus Mattos McLellan Nettles Rice Sharpe Shelton Short Simpson
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Baker Baxley Beasley Blackwell Blanding Brown, G. Burch Burriss, J.H. Burriss, M.D. Chamblee Clyborne Cole Cooper Dangerfield Davenport Day Derrick Elliott Felder Gentry Harvin Hayes Hearn Holt Huff Humphries Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Kohn Koon Lanford Lockemy Martin, D. Martin, L. McBride McCain McElveen McKay McLeod, E.B. McTeer Moss Neilson Nesbitt Pearce Pettigrew Petty Phillips, O. Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Stoddard Sturkie Taylor Townsend Tucker Waldrop Williams Winstead
So, the House refused to adjourn.
Rep. RUDNICK proposed the following Amendment No. 3 (Doc.,No. 1258J), which was tabled.
Amend the bill, as and if amended, by striking SECTION 10 on page 12 and inserting:
/SECTION 10. Section 56-5-1520 of the 1976 Code, as last amended by Act 189 of 1987, is further amended to read:
"Section 56-5-1520. (a) No person shall may drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed must be so controlled as may be necessary to avoid colliding with any a person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use care.
(b) Except when a special hazard exists that requires lower speed for compliance with paragraph (a) of this section, the limits specified or as authorized by in this section or established as hereinafter authorized are maximum lawful speeds, and no person shall may drive a vehicle on a highway at a speed in excess Or these maximum limits:
(1) thirty miles an hour in any an urban district;
(2) fifty-five miles an hour in other locations or on other sections except where speeds above fifty-five miles an hour are otherwise provided by Section 56-5-1510.
'Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.
The maximum speed limits set forth in this section may be altered as authorized in Sections 56-5-1530 and 56-5-1540.
(c) When lower speeds required; penalties; citation for violating speed limits. The driver of every vehicle shall, consistent with the requirements of paragraph (a), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any a narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(d) Any A person violating the speed limits herein established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:
(1) in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than five fifteen dollars nor more than twenty-five dollars or imprisoned for not more than ten days;
(2) in excess of ten miles an hour but less than twenty-five fifteen miles an hour above the posted limit by a fine of not less than ten twenty-five dollars nor more than fifty dollars or imprisoned for not more than twenty days; and
(3) in excess of fifteen miles an hour but less than twenty-five m.p.h. above the Posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and
(4) in excess of twenty-five miles an hour above the posted limit by a fine of not less than twenty-five seventy-five dollars nor more than one two hundred dollars or imprisoned for not less than ten days nor more than thirty days.
(e) Any A citation for violating the speed limits issued by any an authorized officer shall must note thereon on it the rate of speed for which the citation is issued."
(f) Five dollars of the fines listed in items (3) and (4) of paragraph (d) must be credited to the State Highway Fund. In expending the funds credited to the State Highway Fund under paragraph (d), the department shall first consider the need for additional highway patrolmen."/
Amend the bill further by adding new sections to be appropriately numbered to read:
/SECTION ______. Section 56-5-1510 of the 1976 Code, as last amended by Act 189 of 1987, is further amended to read:
"Section 56-5-1510. It is unlawful to operate a motor vehicle upon the streets and highways of this State at a speed in excess of fifty-five miles an hour, except that on those portions of the interstate highway system or on other streets and highways in South Carolina where federal law permits this State to raise the speed limit above fifty-five miles an hour, the speed limit thereon is the higher speed limit."
SECTION ______. Section 56-5-1540 of the 1976 Code, as last amended by Act 189 of 1987, is further amended to read:
"Section 56-5-1540. (a) Establishing speed zones. Whenever local authorities in their respective jurisdictions determine on the basis of an engineering and traffic investigation that the maximum speed permitted under this article is greater or less than is reasonable and safe under the conditions found to exist upon a highway or part of a highway, the local authority may determine and declare a reasonable and safe maximum limit thereon which:
(1) decreases the limit at intersections; or
(2) increases the limit within an urban district but not to more than fifty-five miles an hour, except that speed limits above fifty-five miles an hour are required when stipulated by Section 56-5-1510; or
(3) decreases the limit outside an urban district, but not to less than thirty-five miles an hour.
(b) Setting maximum limits on arterial streets. Local authorities in their respective jurisdictions shall determine by an engineering and traffic investigation the proper maximum speed for all arterial streets and shall declare a reasonable and safe maximum limit thereon which may be greater or less than the maximum speed permitted under this article for an urban district.
(c) Signs. Any An altered limit established as hereinabove authorized by this section is effective at all times or during hours of darkness or at other times as may be determined when appropriate signs giving notice thereof about the alteration are erected upon the street or highway.
(d) Approval of altered limits by Department. Any An alteration of maximum limits on state highways or extensions thereof in a municipality by local authorities is not effective until the alteration has been approved by the Department of Highways and Public Transportation.
(e) Limitations on alterations. Not more than six such alterations as authorized above by this section may be made for each mile along a street or highway, except in the case of reduced limits at intersections, and the difference between adjacent limits must not be more than ten miles an hour."/
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. HASKINS moved to table the amendment, which was agreed to.
Rep. McABEE proposed the following Amendment No. 4 (Doc. No. 1185J), which was tabled.
Amend the bill, as and if amended, by striking Sections 1, 2 and 3 in their entireties.
Renumber sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
Reps. G. BROWN, RHOAD and GREGORY spoke in favor of the amendment.
Reps. McEACHIN and J.C. JOHNSON spoke against the amendment.
Rep. SIMPSON moved to table the amendment.
Rep. McABEE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Baker Beasley Blackwell Boan Bradley, P. Brown, N. Brown, R. Burch Chamblee Clyborne Cole Cooper Dangerfield Davenport Day Elliott Fair Ferguson Gentry Haskins Helmly Hodges Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Lanford Limehouse Mappus Martin, L. Mattos McCain McEachin McKay McLellan McLeod, J.W. McTeer Nesbitt Petty Phillips, L. Rudnick Sheheen Shelton Simpson Snow Stoddard Townsend Whipper Wilkins Williams
Those who voted in the negative are:
Arthur Bailey, G. Bailey, K. Barfield Baxley Bennett Blanding Brown, G. Brown, J. Burriss, M.D. Burriss, T.M. Carnell Cork Corning Derrick Faber Felder Foster Foxworth Gilbert Gregory Harris, J. Harris, P. Harvin Hayes Hearn Holt Humphries Jones Kirsh Klapman Koon Lockemy McAbee McBride McElveen McLeod, E.B. Moss Neilson Pettigrew Phillips, O. Rhoad Rice Rogers, T. Sharpe Short Sturkie Taylor Tucker Waldrop Washington
So, the amendment was tabled.
Rep. M.O. ALEXANDER moved that the House do now adjourn.
Rep. L. PHILLIPS demanded the yeas and nays; which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Arthur Bailey, K. Baxley Bennett Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, J. Burch Carnell Chamblee Cooper Corning Day Faber Fair Felder Ferguson Foster Foxworth Gilbert Gregory Harris, J. Harris, P. Helmly Hodges Holt Johnson, J.W. Jones Kay Kirsh Koon Limehouse Mappus Mattos McAbee McEachin McKay McLellan Nesbitt Nettles Pettigrew Phillips, O. Rhoad Rice Rogers, T. Sharpe Shelton Short Simpson Stoddard Sturkie Tucker Waldrop Washington Whipper Wilkins Winstead
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, G. Baker Barfield Beasley Blackwell Brown, R. Burriss, M.D. Burriss, T.M. Clyborne Cole Cork Dangerfield Davenport Derrick Elliott Gentry Harvin Haskins Hayes Hearn Huff Humphries Johnson, J.C. Keyserling Klapman Lanford Lockemy Martin, D. Martin, L. McBride McCain McElveen McGinnis McLeod, J.W. McTeer Moss Neilson Petty Phillips, L. Rogers, J. Rudnick Sheheen Snow Taylor Townsend Wells Williams
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of amendments.
At 4:58 P.M. the House in accordance with the motion of Rep. M.O. ALEXANDER adjourned to meet at 10:00 A.M. tomorrow.
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