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 God and Father of all, we thank You for this great land so fair and free: for its worthy aims and noble purposes, for its instruments of government, its homes, its Churches, its synagogues and its institutions of learning. You have led us in the past, correcting mistakes and confirming the right and the good. Lead us both now and in the days ahead. Give us voices to sing praise for Your goodness, and wills to serve God and mankind always. Impart to our waiting hearts a wisdom greater than our own. Help us to meet the duties of this day with fidelity, its difficulties with fortitude, its joys with gratitude.
In the Name of our Lord Jesus we pray. 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 question of a quorum was raised.
A quorum was later present.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3369 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-21-1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE BEER AND WINE LICENSE TAX, SO AS TO EXCLUDE FROM THE DEFINITION OF BEER AND WINE BEVERAGES WITH AN ALCOHOL CONTENT OF LESS THAN ONE-HALF PERCENT BY WEIGHT; TO AMEND SECTION 12-21-1730, RELATING TO THE IMPOSITION OF THE SOFT DRINK LICENSE TAX, SO AS TO INCLUDE AS SOFT DRINKS BEER AND WINE WITH AN ALCOHOL CONTENT OF ONE-HALF PERCENT OR LESS BY WEIGHT; AND TO AMEND SECTION 12-21-1860, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOFT DRINK LICENSE TAX, SO AS TO INCLUDE WITHIN THE DEFINITION BEER AND WINE WITH AN ALCOHOL CONTENT OF ONE-HALF PERCENT OR LESS BY WEIGHT.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3458 -- Rep. McLellan: A BILL TO AMEND CHAPTER 11, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE OFFICERS AND EMPLOYEES, BY ADDING ARTICLE 9 SO AS TO ESTABLISH A STATE EMPLOYEE LEAVE-TRANSFER PROGRAM WHEREBY SICK LEAVE OR ANNUAL LEAVE OF AN EMPLOYEE OF A STATE AGENCY MAY BE TRANSFERRED FOR USE BY ANOTHER EMPLOYEE OF THAT AGENCY IN CASES OF PERSONAL EMERGENCY.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 1133 -- Senators Martschink, Applegate, McConnell and Fielding: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JOHN MINOTT RIVERS OF CHARLESTON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
Rep. HOLT moved to reconsider the vote whereby the Concurrent Resolution was adopted, which was agreed to.
Rep. HOLT moved to refer the Concurrent Resolution to the Charleston Delegation, which was agreed to.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3623 -- Reps. Nesbitt, Cooper and McGinnis: A BILL TO AMEND SECTION 50-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "HUNTERS" AND "HUNTING", SO AS TO DELETE DEFINITIONS OF "HUNTERS" AND "HUNTING" IN RELATION TO PERSONS WHO, WITHOUT GUNS, ASSIST OTHERS WITH DOGS, HORSES, OR BIRDS, PROVIDE FOR TWO TRAINING PERIODS FOR BIRD DOCS AND RABBIT DOGS EACH YEAR, TO REQUIRE THAT NO CAME MAY BE TAKEN BY TRAINERS DURING THE TRAINING PERIODS, AND TO REQUIRE TRAINERS OF BIRD DOGS AND RABBIT DOGS TO HAVE THE APPROPRIATE HUNTING LICENSES AND OTHER APPLICABLE PERMITS.
Referred to Committee on Agriculture and Natural Resources.
H. 3624 -- Reps. P. Harris, Blackwell and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-70 TO ARTICLE 1, CHAPTER 1, TITLE 9, SO AS TO PROVIDE FOR THE RETIREMENT SYSTEM TO DEVELOP AN OPTIONAL LONG TERM CARE INSURANCE PROGRAM.
Referred to Committee on Ways and Means.
H. 3625 -- Rep. Carnell: A BILL TO AMEND SECTION 61-3-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS INELIGIBLE FOR A RETAIL LIQUOR LICENSE, SO AS TO ADD A PROVISION REQUIRING A PERSON TO HAVE BEEN A RESIDENT OF THIS STATE FOR AT LEAST ONE YEAR PRIOR TO THE DATE OF APPLICATION AND DELETE THE PROVISIONS REGARDING RESIDENCY AND MAINTENANCE OF A PRINCIPAL PLACE OF ABODE IN THE COUNTY IN WHICH THE PROPOSED BUSINESS IS TO BE LOCATED AND OPERATED.
Referred to Committee on Judiciary.
H. 3626 -- Rep. Taylor: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO REVISE THE JURORS' QUALIFICATIONS.
Referred to Committee on Judiciary.
H. 3627 -- Reps. McGinnis, Wells, Sharpe, Nesbitt, Shelton, Gordon, Koon, Sturkie, Faber, J. Brown and Humphries: A BILL TO AMEND SECTION 61-3-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST GRANTING AN ALCOHOLIC LIQUOR LICENSE TO A PLACE OF BUSINESS WITHIN A CERTAIN DISTANCE OF A CHURCH, SCHOOL, OR PLAYGROUND, SO AS TO MAKE THESE PROVISIONS ALSO APPLY TO BEER AND WINE PERMITS, TO REVISE THE MANNER IN WHICH THESE DISTANCES ARE COMPUTED, AND TO FURTHER DEFINE WHAT CONSTITUTES A CHURCH, A SCHOOL, AND A PLAYGROUND FOR THE ABOVE PROVISIONS.
Referred to Committee on Judiciary.
H. 3628 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO PHARMACIST-IN-CHARGE REQUIRED; RESPONSIBILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 851, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3629 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO DEFINITIONS, APPLICATION FOR EXAMINATION, LICENSURE BY RECIPROCITY, PHARMACY INTERNSHIP CERTIFICATE, SITE OF PROGRAM ACCEPTABLE FOR PRACTICAL EXPERIENCE, PHARMACIST CONSULTANT REQUIRED - RESPONSIBILITIES, MINIMUM STANDARDS OF TECHNICAL EQUIPMENT FOR PRESCRIPTION DEPARTMENTS, PRESCRIPTION RECORDS, AND CONTINUING EDUCATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 843, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3630 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO APPLICATION FOR APPROVAL TO OPERATE A SCHOOL, MINIMUM EQUIPMENT REQUIRED, AND CURRICULUM FOR A SCHOOL OF COSMETOLOGY, MANICURE, OR ESTHETICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 833, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3631 -- Reps. Rudnick, Waldrop, Jones and Huff: A JOINT RESOLUTION TO PROVIDE FOR THE 1987-88 SCHOOL YEAR THAT NO MORE THAN FIVE DAYS MISSED BECAUSE OF BAD WEATHER CONDITIONS MAY BE EXCUSED, BUT TEACHERS MAY NOT HAVE THEIR COMPENSATION REDUCED BECAUSE OF THE EXCUSED DAYS.
Referred to Committee on Education and Public Works.
H. 3632 -- Rep. Stoddard: A BILL TO AMEND SECTION 23-31-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION AND REGISTRATION OF PERSONS ALLOWED TO POSSESS A MACHINE GUN, OR SAWED-OFF SHOTGUN OR SAWED-OFF RIFLE, SO AS TO PROVIDE THAT NO PERMIT OR REGISTRATION IS REQUIRED WHERE THESE WEAPONS ARE POSSESSED BY A GOVERNMENTAL ENTITY WITH A SIGNIFICANT PUBLIC SAFETY RESPONSIBILITY FOR THE PROTECTION OF LIFE OR PROPERTY.
Referred to Committee on Judiciary.
H. 3633 -- Rep. G. Brown: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO PROMULGATE REGULATIONS ESTABLISHING A STATEWIDE UNIFORM DATE FOR THE OPENING OF DEER SEASON NOT LATER THAN SEPTEMBER FIRST OF EACH YEAR.
Referred to Committee on Agriculture and Natural Resources.
H. 3634 -- Rep. Wilkins: A BILL TO AMEND SECTIONS 62-1-302, AS AMENDED, 62-5-102, 62-5-402, 62-5-411, AND 62-5-424, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE SOUTH CAROLINA PROBATE CODE, SO AS TO CLARIFY THE METHOD OF SETTLEMENTS OF CLAIMS IN FAVOR OF OR AGAINST MINORS OR INCAPACITATED PERSONS, TO SPECIFY THAT THE PROBATE COURT HAS JURISDICTION OVER PROTECTIVE PROCEEDINGS AND GUARDIANSHIP PROCEEDINGS, TO CLARIFY THE CONCURRENT JURISDICTION OF THE PROBATE COURT IN DETERMINING THE VALIDITY OF CLAIMS FOR OR AGAINST PROTECTED PERSONS OR THEIR ESTATES, TO PROVIDE THAT CONSERVATORS SHALL POST A BOND EXCEPT FOR GOOD CAUSE SHOWN, AND TO REQUIRE THE BOND TO EQUAL ONLY THE ESTIMATED VALUE OF THE PERSONAL PROPERTY OF THE ESTATE WHEN THE SURETY IS A CORPORATE SURETY LICENSED TO DO BUSINESS IN THIS STATE, AND TO CLARIFY THE AUTHORITY OF CONSERVATORS TO PAY OR CONTEST CLAIMS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-5-433, SO AS TO ESTABLISH JURISDICTION AND PROCEDURES FOR THE APPROVAL OF SETTLEMENT OF CLAIMS IN FAVOR OF OR AGAINST MINORS OR INCAPACITATED PERSONS; AND TO AMEND THE 1916 CODE BY ADDING ARTICLE 7, IN CHAPTER 71 OF TITLE 15, RELATING TO REMEDIES OF MINORS AND INCOMPETENTS, SO AS TO CLARIFY THE JURISDICTION OF THE CIRCUIT COURT.
Referred to Committee on Judiciary.
H. 3635 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 40-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE LICENSING BOARD FOR CONTRACTORS, SO AS TO REQUIRE THE BOARD TO MEET QUARTERLY INSTEAD OF SEMIANNUALLY, TO REQUIRE THE BOARD TO ELECT OFFICERS AT ITS GENERAL MEETING INSTEAD OF ITS APRIL MEETING, AND TO INCREASE FROM THREE TO FOUR THE NUMBER OF MEMBERS WHICH CONSTITUTES A QUORUM.
Referred to Committee on Labor, Commerce and Industry.
H. 3636 -- Reps. J.H. Burriss and T.M. Burriss: A BILL TO AMEND SECTION 12-35-1710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON CASUAL SALES OF MOTOR VEHICLES, SO AS TO FURTHER DEFINE THE FAMILY MEMBERS WHOSE TRANSFERS OF MOTOR VEHICLES ARE EXEMPT FROM THE TAX.
Referred to Committee on Ways and Means.
H. 3637 -- Reps. J.H. Burriss and T.M. Burriss: A JOINT RESOLUTION TO FORGIVE ABSENCES OF CERTAIN STATE EMPLOYEES ON JANUARY 7, 8, AND 11, 1988, DUE TO INCLEMENT WEATHER AND TO PROVIDE COMPENSATORY TIME FOR CERTAIN STATE EMPLOYEES.
Referred to Committee on Ways and Means.
H. 3638 -- Rep. McAbee: A BILL TO PROVIDE FULL MAGISTERIAL POWERS TO THE SPECIAL MAGISTRATE IN MCCORMICK COUNTY.
On motion of Rep. McABEE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3639 -- Reps. G. Brown, Baxley, Foxworth, Holt, D. Martin, Dangerfield, Blanding, McElveen and E.B. McLeod: A BILL TO AMEND SECTION 12-7-435, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS, SO AS TO INCREASE THE STATE INCOME TAX DEDUCTION ALLOWED TAXPAYERS RETIRED FROM THE UNIFORMED SERVICES OF THE UNITED STATES WITH TWENTY OR MORE YEARS ACTIVE DUTY, OR THEIR SURVIVING SPOUSES, FROM THREE THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS AND TO ALLOW A FIVE THOUSAND DOLLAR STATE INCOME TAX DEDUCTION FOR PERSONS AND THEIR SURVIVING SPOUSES RECEIVING COMPENSATION FROM THE VETERANS ADMINISTRATION FOR A SERVICE-CONNECTED DISABILITY AND TO MAKE INELIGIBLE FOR THE DEDUCTION TAXPAYERS ELIGIBLE TO CLAIM THE DEDUCTION ALLOWED MILITARY RETIREES WITH TWENTY OR MORE YEARS SERVICE.
Referred to Committee on Ways and Means.
H. 3640 -- Reps. Moss, Day, Felder and J. Rogers: A BILL TO AMEND SECTION 56-5-2770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL BUS SIGNALS AND MARKINGS AND THE REQUIREMENTS UPON MEETING A STOPPED BUS ON THE HIGHWAY, SO AS TO PROVIDE A PENALTY FOR VIOLATIONS.
Referred to Committee on Education and Public Works.
H. 3641 -- Reps. E.B. McLeod, G. Brown, Holt, Whipper, Blanding, Nesbitt, K. Bailey, Foxworth, Faber, Taylor, McBride, Washington, Mappus, Williams, Arthur, Hodges, Burch, Hayes and J. Harris: A BILL TO AMEND SECTION 38-77-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MINIMUM AUTOMOBILE INSURANCE POLICY LIMITS, SO AS TO INCREASE THESE MINIMUM LIMITS.
Referred to Committee on Labor, Commerce and Industry.
H. 3642 -- Reps. McAbee, Carnell, Neilson, Whipper, Waldrop, McBride, Rudnick and Moss: A BILL TO AMEND ARTICLE 1, CHAPTER 15, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL MENTAL HEALTH PROGRAMS GENERALLY, BY ADDING SECTION 44-15-85 SO AS TO REQUIRE EVERY PERSON DISCHARGED FROM A STATE MENTAL HEALTH FACILITY WHO WAS INVOLUNTARILY COMMITTED TO SUCH FACILITY TO ATTEND SCHEDULED POST-HOSPITALIZATION TREATMENT IN A COMMUNITY MENTAL HEALTH CENTER OR FACILITY, TO IMPOSE CERTAIN DUTIES ON THE DEPARTMENT OF MENTAL HEALTH IN CONNECTION WITH THE PROVISIONS OF THIS SECTION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3643 -- Reps. McAbee, Klapman, Neilson, Carnell, Waldrop, McBride, Moss, Rudnick and J.C. Johnson: A BILL TO AMEND CHAPTER 9, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE DEPARTMENT OF MENTAL HEALTH, BY ADDING SECTION 44-9-108 SO AS TO PROVIDE THAT BEFORE THE ENTERING INTO OR PROPOSAL OF A PLEA BARGAIN AGREEMENT ON BEHALF OF A PERSON CHARGED WITH A VIOLENT CRIME, WHICH PERSON IS A PATIENT AT A STATE MENTAL HEALTH FACILITY, OR BEFORE ANY SUCH CHARGES AGAINST SUCH A PERSON MAY BE DISMISSED OR OTHERWISE ENDED, ALL PARTIES INVOLVED MUST BE AFFORDED NOTICE AND A HEARING, AND TO REQUIRE THE COURT IN THE HEARING TO ALLOW THE PARTIES TO PRESENT THEIR ARGUMENTS IN FAVOR OF OR AGAINST THE PLEA BARGAIN OR THE DISMISSAL OR ENDING OF THE CHARGES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3644 -- Reps. McAbee, Klapman, Whipper, Carnell, Waldrop, McBride, Rudnick and Moss: A BILL TO AMEND CHAPTER 9, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE DEPARTMENT OF MENTAL HEALTH, BY ADDING SECTION 44-9-107 SO AS TO REQUIRE THE DEPARTMENT TO CONDUCT A CRIMINAL HISTORY CHECK OF EVERY APPLICANT FOR A CLINICAL POSITION WITH THE DEPARTMENT AND OF EVERY APPLICANT FOR A CONTRACTUAL ARRANGEMENT WITH THE DEPARTMENT WHICH WOULD ALLOW THE PERSON ACCESS TO, OR PERSONAL CONTACT OR DEALINGS WITH, ANY PATIENT OR PATIENTS OF A STATE MENTAL HEALTH FACILITY, AND TO REQUIRE THE DEPARTMENT TO BAR FROM CLINICAL EMPLOYMENT WITH IT OR FROM THE DESCRIBED CONTRACTUAL ARRANGEMENT WITH IT CERTAIN PERSONS SO INVESTIGATED, UNDER CERTAIN CONDITIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3645 -- Reps. McAbee, Klapman, Carnell, Waldrop, McBride and Moss: A BILL TO AMEND CHAPTER 13, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMISSION, DETENTION, AND REMOVAL OF PATIENTS AT STATE MENTAL HEALTH FACILITIES, BY ADDING SECTION 44-13-65 SO AS TO REQUIRE THE DEPARTMENT OF MENTAL HEALTH TO HAVE AN AUTOPSY PERFORMED UPON CERTAIN OF ITS DECEASED PATIENTS AT STATE MENTAL HEALTH FACILITIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3646 -- Reps. McAbee, Klapman, Carnell, Waldrop, McBride and Moss: A BILL TO AMEND CHAPTER 9, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE DEPARTMENT OF MENTAL HEALTH, BY ADDING SECTION 44-9-105 SO AS TO REQUIRE THE DEPARTMENT TO REPORT TO THE COMMITTEE ON MENTAL HEALTH AND MENTAL RETARDATION AND TO THE OMBUDSMAN IN THE GOVERNOR'S OFFICE CERTAIN INCIDENTS OF PATIENT-TO-PATIENT, PATIENT-TO-STAFF, OR STAFF-TO-PATIENT ABUSE OR INJURY.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3647 -- Reps. Gregory, White, Short, Fair and Kirsh: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF EXAMINERS IN OPTOMETRY FOR SIX YEARS; TO AMEND SECTIONS 40-37-180 AND 40-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL REPRESENTATION OR ADVERTISING PRACTICES BY OPTOMETRISTS, SO AS TO MORE SPECIFICALLY DEFINE THE PRACTICES WHICH DEAL WITH LIMITS ON COMPETITION; AND TO REPEAL SECTION 40-37-190 RELATING TO THE UNLAWFUL DISCOUNTING OF THE COST OF EYE EXAMINATIONS OR OFFERING THEM AS PREMIUMS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3648 -- Reps. Gregory, White, Short, Fair and Kirsh: A BILL TO REAUTHORIZE THE-EXISTENCE OF THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTICIANRY FOR SIX YEARS; TO AMEND SECTIONS 40-38-70, 40-38-120, 40-38-130, AND 40-38-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTICIANRY, SO AS TO REDEFINE UNLAWFUL PRACTICES, TO REDUCE THE REQUIRED APPRENTICESHIP PERIOD FROM THREE YEARS TO ONE YEAR, TO PROVIDE LICENSURE RECIPROCITY, AND TO PROVIDE THAT THIRD-PARTY SOLICITATION WHICH IS UNTRUTHFUL, DECEPTIVE, AND COERCIVE IS A GROUND FOR LICENSE REVOCATION, SUSPENSION, OR RESTRICTION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3649 -- Reps. Gregory, White, Short, Fair and Kirsh: A BILL TO AMEND SECTIONS 40-15-80, 40-15-110, 40-15-170, AND 40-15-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DENTISTRY SO AS TO DEFINE "DENTAL HYGIENE" AND "DENTAL ASSISTANT" AND TO REGULATE THE PRACTICE OF DENTAL ASSISTANTS, TO ESTABLISH A LICENSE FEE FOR DENTAL HYGIENISTS AND TO PROVIDE FOR LICENSURE RECIPROCITY WITH STATES WHOSE LICENSURE REQUIREMENTS ARE SUBSTANTIALLY THE SAME AS THIS STATE'S.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3650 -- Reps. Lockemy, Whipper, Chamblee, G. Bailey, McKay, Cooper, Mattos, P. Harris, M.O. Alexander, Hendricks, White, Burch, Moss, R. Brown, Gilbert, McBride, Harvin, Sharpe, Rice, Clyborne and J. Harris: A BILL TO AMEND SECTION 44-6-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR AID TO FAMILIES WITH DEPENDENT CHILDREN AND MEDICAID, SO AS TO DIRECT THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO EXPAND MEDICAID ELIGIBILITY FOR ACED AND DISABLED PERSONS CONSISTENT WITH FEDERAL POVERTY GUIDELINES WITHIN THE LIMITS OF AVAILABLE FUNDS.
Referred to Committee on Ways and Means.
H. 3651 -- Reps. M.D. Burriss, L. Phillips, T.M. Burriss and Hearn: A BILL TO AMEND SECTION 57-1-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR EXPENSES PAID FOR THE DEDICATION OF ROADS OR BRIDGES NAMED IN HONOR OF AN INDIVIDUAL BY ACT OF THE GENERAL ASSEMBLY, SO AS TO EXPAND THE PROVISIONS OF THE SECTION TO INCLUDE OTHER HIGHWAY FACILITIES, TO PROVIDE THAT THE REIMBURSEMENT MUST BE FOR EXPENSES INCURRED AND MUST COME FROM THE "C" FUNDS OF THE COUNTY WHEREIN THE ROAD OR FACILITY IS LOCATED RATHER THAN FROM THE STATE HIGHWAY FUND, TO REVISE THE MANNER IN WHICH REIMBURSEMENT FOR THESE EXPENSES IS APPROVED, TO LIMIT THE AMOUNT OF THESE EXPENSES, AND TO PROVIDE FOR THE REIMBURSEMENT OF EXPENSES INCURRED BY THE DEPARTMENT TO NAME AND DEDICATE A HIGHWAY FACILITY PURSUANT TO A REQUEST FROM OTHER THAN THE GENERAL ASSEMBLY.
Referred to Committee on Ways and Means.
H. 3652 -- Reps. Kirsh, Nesbitt, Foster, Klapman and McLellan: A BILL TO AMEND SECTION 5-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAXES BY MUNICIPALITIES, SO AS TO DELETE THE PROVISIONS RELATING TO THE COLLECTION OF REASONABLE EXPENSES NOT TO EXCEED FIVE PERCENT OF THE DELINQUENT TAXES AND PENALTIES INCURRED IN CONNECTION WITH EXECUTIONS AND ADD A PROVISION WHICH ALLOWS A MUNICIPALITY TO ADD THE EXPENSE OF THE LEVY, SEIZURE, AND SALE AND COLLECTED AS ADDITIONAL EXECUTION COSTS TO INCLUDE THE EXPENSE OF TAKING POSSESSION OF REAL OR PERSONAL PROPERTY, ADVERTISING, STORAGE, IDENTIFYING THE BOUNDARIES OF THE PROPERTY, AND MAILING CERTIFIED NOTICES.
Referred to Committee on Ways and Means.
H. 3653 -- Rep. Barfield: A BILL TO AMEND SECTION 25S, PART II, ACT 170 OF 1987, THE GENERAL APPROPRIATIONS ACT, RELATING TO THE EXTENSION OF THE FILING DEADLINE FOR THE INVENTORY TAX EXEMPTION, SO AS TO EXTEND THE DEADLINE FROM SEPTEMBER 30, 1987, UNTIL SEPTEMBER 30, 1988.
Referred to Committee on Ways and Means.
H. 3654 -- Reps. T. Rogers, Day and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-300 TO ARTICLE 3, CHAPTER 21, TITLE 24, SO AS TO PROVIDE FOR THE ISSUANCE OF A CITATION AND AFFIDAVIT INSTEAD OF A WARRANT DURING A PERIOD OF SUPERVISION WHEN A PROBATIONER, PAROLEE, OR ANY PERSON RELEASED OR FURLOUGHED UNDER THE PRISON OVERCROWDING POWERS ACT VIOLATES THE CONDITIONS OF HIS RELEASE OR SUSPENDED SENTENCE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3655 -- Reps. Hearn, Toal, J.W. Johnson, T.M. Burriss, L. Martin, M.D. Burriss, Cork, Taylor, Humphries, Wells, Fair, Huff and Wilkins: A BILL TO AMEND SECTION 38-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREMIUMS TAX ON WORKERS' COMPENSATION INSURERS, AND SECTION 42-5-190, RELATING TO THE TAX ON SELF-INSURERS FOR PURPOSES OF WORKERS' COMPENSATION, SO AS TO CHANGE THE RATE OF THESE TAXES, PROVIDE THAT THESE TAXES TOGETHER MUST PRODUCE AN ANNUAL AMOUNT THAT WILL FUND THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION AT THE SAME FUNDING LEVEL AS ESTABLISHED BY THE GENERAL ASSEMBLY FOR THE AGENCY FOR THE PRECEDING FISCAL YEAR, AND PROVIDE THAT THE TOTAL AMOUNT OF THE TAX ASSESSED AND COLLECTED PURSUANT TO THESE SECTIONS MUST BE CREDITED TO THE ACCOUNT OF THE COMMISSION FOR USE BY IT IN CARRYING OUT ITS FUNCTIONS AND DUTIES.
Referred to Committee on Labor, Commerce and Industry.
S. 421 -- Senator Pope: A BILL TO AMEND SECTION 42-1-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHDRAWAL BY AN EMPLOYER OF A WAIVER OF EXEMPTION FROM THE WORKERS' COMPENSATION PROVISIONS, SO AS TO AUTHORIZE AN EMPLOYER TO WITHDRAW A WAIVER BY WRITTEN NOTICE TO HIS INSURER AND TO PROVIDE FOR THE INSURER TO NOTIFY THE WORKERS' COMPENSATION COMMISSION.
Referred to Committee on Labor, Commerce and Industry.
S. 747 -- Senators Lourie, Land and J. Verne Smith: A BILL TO AMEND SECTION 42-9-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO PROVIDE THAT THE AMOUNT OF THE PENALTY IMPOSED UPON THE CARRIER OR EMPLOYER IN THE EVENT OF IMPROPER TERMINATION OR SUSPENSION OF BENEFITS MUST BE PAID TO THE EMPLOYEE, IN ADDITION TO THE AMOUNT OF BENEFITS WITHHELD.
Referred to Committee on Labor, Commerce and Industry.
S. 946 -- Senator Bryan: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT THE GROUND OF LIVING SEPARATE AND APART FOR ONE YEAR INCLUDES SEPARATION DUE TO INCARCERATION.
Referred to Committee on Judiciary.
S. 972 -- Senators Land, Lourie and J. Verne Smith: A BILL TO AMEND SECTION 42-9-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR THE DEATH OF AN EMPLOYEE DUE TO AN ACCIDENT, SO AS TO PROVIDE FOR BURIAL EXPENSES UP TO BUT NOT EXCEEDING FOUR THOUSAND DOLLARS INSTEAD OF SUCH EXPENSES "NOT EXCEEDING FOUR HUNDRED DOLLARS".
Referred to Committee on Labor, Commerce and Industry.
S. 979 -- Senators Land, Lourie and J. Verne Smith: A BILL TO AMEND SECTION 42-5-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE LIABILITY OF AN INSURER, SO AS TO DELETE CERTAIN LANGUAGE, AND TO PROVIDE THAT ANY INSURER WHO ISSUES A POLICY OF COMPENSATION INSURANCE TO AN EMPLOYER NOT SUBJECT TO TITLE 42 MAY NOT PLEAD AS A DEFENSE THAT THE EMPLOYER IS NOT SUBJECT TO TITLE 42 AND IS ESTOPPED TO DENY COVERAGE.
Referred to Committee on Labor, Commerce and Industry.
S. 984 -- Senators J. Verne Smith, Bryan, Mitchell, Stilwell, Thomas, Setzler, Powell, Drummond, Wilson, Hinson, Giese and Shealy: 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.
On motion of Rep. BLACKWELL, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 1031 -- Senators Martin and Pope: A BILL TO AMEND SECTION 48-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CROSSROADS OF HISTORY RESOURCE, CONSERVATION, AND DEVELOPMENT AUTHORITY, SO AS TO ADD LEXINGTON, NEWBERRY, AND RICHLAND COUNTIES, AND TO AMEND SECTION 48-17-20, RELATING TO MEMBERSHIP OF THE CROSSROADS OF HISTORY RESOURCE, CONSERVATION, AND DEVELOPMENT AUTHORITY, SO AS TO PROVIDE THAT THE FOUR YEAR TERMS OF MEMBERS MUST BE STAGGERED FOR A TWO-YEAR INTERVAL BETWEEN TERMS FOR THE TWO COUNCIL POSITIONS FOR THE SAME COUNTY.
Referred to Committee on Education and Public Works.
S. 1067 -- Senator Waddell: A BILL TO AMEND SECTION 46-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE FERTILIZER LAW, SO AS TO PROVIDE FOR THE FERTILIZER BOARD TO BE COMPOSED OF NOT OVER FIVE MEMBERS OF THE CLEMSON UNIVERSITY BOARD OF TRUSTEES INSTEAD OF ALL OF THE BOARD MEMBERS.
Referred to Committee on Agriculture and Natural Resources.
The following was introduced:
H. 3656 -- Rep. Baker: A HOUSE RESOLUTION TO CONGRATULATE MR. J.T. PACE, OF GREENVILLE COUNTY, UPON BEING AWARDED THE 1987 GOVERNOR'S AWARD FOR OUTSTANDING VOLUNTEER SERVICE.
The Resolution was adopted.
The following was introduced:
H. 3657 -- Reps. McBride, J. Brown, T. Rogers, Toal, Faber, Taylor, Hearn, T.M. Burriss, M.D. Burriss, Humphries and Corning: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE REVEREND DR. WILLIAM FAIR OF RICHLAND COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gordon 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 Lanford Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin 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 Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on January 28, 1988.
Roland S. Corning John H. Burriss E. Crosby Lewis Robert A. Kohn Larry L. Koon
STATEMENT OF ATTENDANCE
Rep. LEWIS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, January 26 and Wednesday, January 27, 1988.
I was not present during the Session but arrived in time to attend the Committee meetings on January 27, 1988.
Rep. BEN E. THRAILKILL, JR.
Announcement was made that Dr. William J. Gaudelock of Easley, is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3322 -- Reps. Edwards, D. Martin, White and Clyborne: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL OFFICE VACANCIES, SO AS TO PROVIDE FOR ELECTIONS TO BE HELD ON THE SAME DATE IF THEY ARE REQUIRED WITHIN A TWENTY-EIGHT-DAY PERIOD IN THE SAME COUNTY.
H. 3330 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 IN TITLE 38, RELATING TO INSURANCE, SO AS TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THE INSURANCE LAW; TO AMEND SECTION 38-25-320, RELATING TO THE FINE FOR CONDUCTING UNAUTHORIZED INSURANCE BUSINESS IN THIS STATE, SO AS TO INCREASE THE MAXIMUM FINE FROM TEN TO FIFTY THOUSAND DOLLARS; TO AMEND SECTION 38-5-120, RELATING TO ACTS WHICH RESULT IN THE REVOCATION OR SUSPENSION OF AN INSURER'S CERTIFICATE OF AUTHORITY, SO AS TO INCLUDE FAILURE TO COMPLY WITH A LAWFUL ORDER OF THE COMMISSION; TO AMEND SECTION 38-43-130, RELATING TO THE COMMISSIONER'S AUTHORITY TO REVOKE OR SUSPEND AGENTS' LICENSES, SO AS TO DELETE WILFULNESS AS AN ELEMENT OF A VIOLATION, TO INCREASE FROM ONE TO TWO YEARS THE MAXIMUM PERIOD OF A LICENSE SUSPENSION, AND TO REFERENCE THE GENERAL PENALTY PROVISIONS ADDED BY THIS ACT; TO AMEND SECTIONS 38-5-130, 38-7-80, 38-13-90, 38-13-150, 38-17-170, 38-25-330, 38-27-420, 38-29-100, 38-31-80, 38-37-930, 38-39-20, 38-39-40, 38-43-130, 38-43-160, 38-43-190, 38-45-140, 38-45-150, 38-47-60, 38-47-70, 38-53-150, 38-53-340, 38-55-40, 38-55-60, 38-55-80, 38-55-340, 38-57-200, 38-59-30, 38-59-50, 38-63-10, 38-63-20, 38-65-10, 38-65-20, 38-69-10, 38-69-20, 38-71-90, 38-71-220, AND 38-73-80, ALL RELATING TO THE INSURANCE LAW AND CONTAINING SEPARATE PENALTY PROVISIONS, SO AS TO DELETE THE EXISTING PENALTY PROVISIONS AND ADD REFERENCES TO THE GENERAL PENALTY PROVISIONS ADDED BY THIS ACT; AND TO REPEAL SECTIONS 38-25-340, 38-25-350, 38-37-950, 38-37-960, 38-43-140, 38-43-150, 38-61-60, AND 38-73-100 RELATING TO THE INSURANCE LAW.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 131 -- Senators Pope, Lourie, Giese and Leventis: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING CHAPTER 27 SO AS TO PROVIDE FOR THE EMPLOYMENT PROTECTION FOR AN EMPLOYEE OF A PUBLIC BODY WHO REPORTS A VIOLATION OF ANY STATE OR FEDERAL LAW OR REGULATION INVOLVING A PUBLIC BODY OR ITS EMPLOYEES OR OFFICIALS AND TO PROVIDE PENALTIES FOR VIOLATIONS.
S. 279 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 4-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY COUNCILS, SO AS TO DELETE A REFERENCE TO AN EMPLOYEE DISCHARGED BY AN ELECTED OFFICIAL, AND TO ADD A SPECIFIC REFERENCE THAT AN EMPLOYEE DISCHARGED BY THE ADMINISTRATOR OR DESIGNATED DEPARTMENT HEAD SHALL FOLLOW THE GRIEVANCE PROCEDURES AS ESTABLISHED BY COUNTY COUNCIL, BUT IF NO GRIEVANCE PROCEDURES ARE IN PLACE, TO ALLOW THE DISCHARGED EMPLOYEE TO REQUEST A HEARING BEFORE COUNTY COUNCIL.
Rep. P. BRADLEY moved to adjourn debate upon the following Bill until Wednesday, February 10, which was adopted.
H. 3227 -- Reps. P. Bradley, Toal, Haskins, Davenport, Baxley, G. Bailey, Limehouse, Jones, Barfield, Wilkins, Klapman, Day, Pettigrew, J.W. McLeod, R. Brown, Gentry, Hawkins, Lockemy, Fair, Taylor, Ferguson, Thrailkill, Nesbitt, Petty, Baker, Rice, McCain, Mattos, J. Harris, Wells, Felder, Koon, Townsend, Kay, Helmly, Sharpe, Sheheen, H. Brown, G. Brown, Mappus, E.B. McLeod, Elliott, McGinnis, Huff, T.M. Burriss, Hearn, Moss, O. Phillips, Chamblee, D. Martin, Dangerfield, Neilson, Lewis, Evatt and Cork: A BILL TO AMEND CHAPTER 15 OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST MORALITY AND DECENCY BY ADDING SECTION 16-15-450, SO AS TO MAKE IT A FELONY FOR ANY PERSON TO FERTILIZE FEMALE ANIMALS WITH HUMAN SPERM, TO ATTEMPT THIS FERTILIZATION, OR TO ENGAGE IN RESEARCH OR CONDUCT EXPERIMENTS REGARDING THIS FERTILIZATION, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO ADD VIOLATIONS OF SECTION 16-15-450 TO THE LIST OF CRIMES CLASSIFIED AS FELONIES BY SECTION 16-1-10.
The following Bill was taken up.
S. 415 -- Judiciary Committee: A BILL TO AMEND CHAPTERS 1 THROUGH 20 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS CORPORATIONS, SO AS TO ENACT THE "SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988" INCLUDING PROVISIONS RELATING TO INCORPORATION OF BUSINESS ORGANIZATIONS, PURPOSES, AND POWERS OF CORPORATIONS, NAMES, OFFICES, AND AGENTS, SHARES AND DISTRIBUTIONS, SHAREHOLDERS, DIRECTORS, AND OFFICERS, AMENDMENTS OF ARTICLES OF INCORPORATION AND BYLAWS, MERGER AND SHARE EXCHANGE, SALE OF ASSETS, DISSENTERS' RIGHTS, DISSOLUTION, FOREIGN CORPORATIONS, RECORDS, AND REPORTS, CLOSE CORPORATIONS, PROFESSIONAL CORPORATIONS, AND TRANSITION PROVISIONS; TO AMEND SECTIONS 33-42-30 AND 12-19-20, BOTH AS AMENDED, AND 12-19-70, 12-19-120, 15-9-210, 15-9-240, 15-9-245, AND 15-9-430, RELATING TO THE NAME OF A LIMITED PARTNERSHIP, FILING OF ANNUAL REPORTS, CORPORATE LICENSE FEES OR TAXES, AND SERVICE OF PROCESS, SO AS TO CONFORM THEM TO THE NEW PROVISIONS OF THE SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988 AND TO MAKE CERTAIN OTHER CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 15-7-35 SO AS TO PROVIDE FOR VENUE IN SUITS BROUGHT AGAINST DOMESTIC AND FOREIGN CORPORATIONS; AND TO REPEAL SECTIONS 12-19-130, 15-9-260, 15-63-20 THROUGH 15-63-50, 33-51-10 THROUGH 33-51-170 AND CHAPTERS 21, 23, AND 25 OF TITLE 33 RELATING TO THE TIME FOR FILING OF ANNUAL REPORTS AND PAYMENT OF FEES OR TAXES, SERVICE OF PROCESS, CHARTER ANNULMENT, PROFESSIONAL ASSOCIATIONS, DISSOLUTION, FOREIGN BUSINESS CORPORATIONS, ANNUAL REPORTS, POWERS OF THE SECRETARY OF STATE, AND MISCELLANEOUS MATTERS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0155J), which was adopted.
Amend the bill, as and if amended, by inserting after line 34 on page 15:
/33-4-104. Name change filing requirement when real property owned./
Amend further by inserting before Chapter 5, Line 15, on page 173:
/Section 33-4-104. Name change filing requirement when real property owned.
(a) When any corporation which owns real property in South Carolina changes its corporate name by amendment of its articles or by merger, share exchange, or reorganization, the newly-named, surviving, acquiring, or reorganized corporation must file a notice of that name change in the office of the register of mesne conveyances of the county in South Carolina in which the real property is situate. If there is no such office in that county, a notice of name change must be filed with the clerk of court of the county in which that real property is situate.
(b) The filing must be:
(1) by affidavit executed in accordance with the provisions of Section 33-1-200 and containing the old and new names of the corporation, which affidavit also may describe the real property owned by that corporation; or
(2) by filing a certified copy of the amended articles, articles of merger, or articles of share exchange; or
(3) by a duly recorded deed of conveyance to the newly-named, surviving, acquiring, or reorganized corporation.
(c) The affidavit or filed articles must be duly indexed in the index of deeds.
(d) The purpose of this section is to establish record notice under Chapter 7 of Title 30. Failure to make the required filing of a corporate name change will not affect the legality, force, effect, or enforceability as between the parties of any conveyance or other transaction involving the real estate owned by the affected corporation that is made subsequent to the change in name./
Amend further on page 22, by striking /Chapter 17. Reserved/ as contained on line 37 and inserting:
Article 1. Control share acquisitions Sec.
33-17-101. 'Control shares' defined.
33-17-102. 'Control share acquisition' defined.
33-17-103. 'Interested shares' defined.
33-17-104. 'Issuing public corporation' defined.
33-17-105. Voting rights under Section 33-17-109.
33-17-106. Acquiring person statement.
33-17-107. Special meeting of shareholders.
33-17-108. Notice.
33-17-109. Voting rights of acquired control shares; resolution.
33-17-110. Redemption of acquired control shares.
33-17-111. Dissenters' rights; 'fair value' defined.
Article 2. Business combinations Sec.
33-17-201. 'Affiliate' defined.
33-17-202. 'Announcement date' defined.
33-17-203. 'Associate' defined.
33-17-204. 'Beneficial owner' defined.
33-17-205. 'Business combination' defined.
33-17-206. 'Common stock' defined.
33-17-207. 'Consummation date' defined.
33-17-208. 'Control' defined.
33-17-209. 'Exchange Act' defined.
33-17-210. 'Interested shareholder' defined.
33-17-211. 'Market value' defined.
33-17-212. 'Preferred stock' defined.
33-17-213. 'Resident domestic corporation' defined.
33-17-214. 'Share' defined.
33-17-215. 'Share acquisition date' defined.
33-17-216. 'Subsidiary' defined.
33-17-217. 'Voting shares' defined.
33-17-218. Business combination with interested shareholder within two years of share acquisition date.
33-17-219. Business combination with interested shareholder; requirements.
33-17-220. Amendment of articles of incorporation making corporation subject to this article; application of article.
33-17-221. Election not to be covered by this article; application of article.
33-17-222. Inadvertent interested shareholder; application of article.
33-17-223. Interested shareholder on the effective date of this chapter; application of article.
33-17-224. Applicability to foreign corporations.
33-17-225. Severability.
33-17-226. Conflict of laws with respect to foreign corporations./
Amend further, page 717, by striking /CHAPTER 17/ on line 4 and striking /Reserved/ on line 6 and inserting:
Article 1. Control Share Acquisitions.
Article 2. Business Combinations.
Sec.
33-17-101. 'Control shares' defined.
33-17-102. 'Control share acquisition' defined.
33-17-103. 'Interested shares' defined.
33-17-104. 'Issuing public corporation' defined.
33-17-105. Voting rights under Section 33-17-109.
33-17-106. Acquiring person statement.
33-17-107. Special meeting of shareholders.
33-17-108. Notice of shareholder meeting.
33-17-109. Voting rights of acquired control shares; resolution. 33-17-110. Redemption of acquired control shares.
33-17-111. Dissenters' rights; 'fair value' defined.
Section 33-17-101. 'Control shares' defined.
As used in this article, 'control shares' means shares that, except for this article, would have voting power with respect to shares of an issuing public corporation that, when added to all other shares of the issuing public corporation owned by a person or in respect to which that person may exercise or direct the exercise of voting power would entitle that person, immediately after acquisition of the shares (directly or indirectly, alone or as a part of a group), to exercise or direct the exercise of the voting power of the issuing public corporation in the election of directors within any of the following ranges of voting power:
(1) one-fifth or more but less than one-third of all voting power;
(2) one-third or more but less than a majority of all voting power;
(3) a majority or more of all voting power.
Section 33-17-102. 'Control share acquisition' defined.
(a) As used in this article, 'control share acquisition' means the acquisition (directly or indirectly) by any person of ownership of, or the power to direct the exercise of voting power with respect to, issued and outstanding control shares.
(b) For purposes of this section, shares acquired within ninety days or shares acquired pursuant to a plan to make a control share acquisition are considered to have been acquired in the same acquisition.
(c) For purposes of this section, a person who acquires shares in the ordinary course of business for the benefit of others in good faith and not for the purpose of circumventing this article has voting power only of shares in respect of which that person would be able to exercise or direct the exercise of votes without further instruction from others.
(d) The acquisition of any shares of an issuing public corporation does not constitute a control share acquisition if the acquisition is consummated in any of the following circumstances:
(1) before the effective date of this chapter;
(2) pursuant to a contract existing before the effective date of this chapter;
(3) pursuant to the laws of descent and distribution;
(4) pursuant to the satisfaction of a pledge or other security interest created in good faith and not for the purpose of circumventing this article;
(5) pursuant to a member or plan of share exchange effected in compliance with Chapter 11 of this title if the issuing public corporation is a party to the agreement of merger or plan of share exchange.
(e) The acquisition of shares of an issuing public corporation in good faith and not for the purpose of circumventing this article by or from:
(1) any person whose voting rights had previously been authorized by shareholders in compliance with this article; or
(2) any person whose previous acquisition of shares of an issuing public corporation would have constituted a control share acquisition but for subsection (d) does not constitute a control share acquisition, unless the acquisition entitles any person (directly or indirectly, alone or as a part of a group) to exercise or direct the exercise of voting power of the corporation in the election of directors in excess of the range of the voting power otherwise authorized.
Section 33- 17- 103. 'Interested shares' defined.
As used in this article, 'interested shares' means the shares of an issuing public corporation in respect of which any of the following persons may exercise or direct the exercise of the voting power of the corporation in the election of directors:
(1) an acquiring person or member of a group with respect to a control share acquisition;
(2) any officer of the issuing public corporation;
(3) any employee of the issuing public corporation who is also a director of the corporation
Section 33-17-104. 'Issuing public corporation' defined.
(a) As used in this article, 'issuing public corporation' means a domestic corporation that has either:
(1) a class of voting shares registered with the Securities and Exchange Commission under Section 12 of the 1934 Exchange Act; or
(2) gross assets at the end of its most recent fiscal year totalling twenty-five million dollars or more; or
(3) one hundred or more shareholders; and
(4) its principal place of business, its principal office, or substantial assets within South Carolina; and either:
(A) more than ten percent of its shareholders resident in South Carolina;
(B) more than ten percent of its shares owned by South Carolina residents; or
(C) ten thousand shareholders resident in South Carolina.
(b) The residence of a shareholder is presumed to be the address appearing in the records of the corporation.
(c) Shares held by banks (except as trustee or guardian), brokers, or nominees must be disregarded for purposes of calculating the percentages or numbers described in this section.
Section 33-17-105. Voting rights under Section 33-17-109.
Unless the corporation's articles of incorporation or bylaws provide that this article does not apply to control share acquisitions of shares of the corporation before the control share acquisition, control shares of an issuing public corporation acquired in a control share acquisition have only those voting rights as are conferred by Section 33-17-109.
Section 33-17-106. Acquiring person statement.
Any person who proposes to make or has made a control share acquisition may at the person's election deliver an acquiring person statement to the issuing public corporation at the issuing public corporation's principal office. The acquiring person statement must set forth all of the following:
(1) the identity of the acquiring person and each other member of any group of which the person is a part for purposes of determining control shares;
(2) a statement that the acquiring person statement is given pursuant to this article;
(3) the number of shares of the issuing public corporation owned (directly or indirectly) by the acquiring person and each other member of the group;
(4) the range of voting power under which the control share acquisition falls or, if consummated, would fall;
(5) if the control share acquisition has not taken place:
(A) a description in reasonable detail of the terms of the proposed control share acquisition; and
(B) representations of the acquiring person, together with a statement in reasonable detail of the facts upon which they are based, that the proposed control share acquisition, if consummated, will not be contrary to law, and that the acquiring person has the financial capacity to make the proposed control share acquisition.
Section 33-17-107. Special meeting of shareholders to determine control share voting rights.
(a) If the acquiring person requests at the time of delivery of an acquiring person statement and gives an undertaking to pay the corporation's expenses of a special meeting, within ten days thereafter, the directors of the issuing public corporation shall call a special meeting of shareholders of the issuing public corporation for the purpose of considering the voting rights to be accorded the shares acquired or to be acquired in the control share acquisition.
(b) Unless the acquiring person agrees in writing to another date, the special meeting of shareholders must be held within fifty days after receipt by the issuing public corporation of the request.
(c) If no request is made, the voting rights to be accorded the shares acquired in the control share acquisition must be presented to the next special or annual meeting of shareholders.
(d) If the acquiring person requests in writing at the time of delivery of the acquiring person statement, the special meeting must not be held sooner than thirty days after receipt by the issuing public corporation of the acquiring person statement.
Section 33-17-108. Notice of shareholder meeting.
(a) If a special meeting is requested, notice of the special meeting of shareholders must be given as promptly as reasonably practicable by the issuing public corporation to all shareholders of record as of the record date set for the meeting, whether or not entitled to vote at the meeting.
(b) Notice of the special or annual shareholder meeting at which the voting rights are to be considered must include or be accompanied by both of the following:
(1) a copy of the acquiring person statement delivered to the issuing public corporation pursuant to this article;
(2) a statement by the board of directors of the corporation, authorized by its directors, of its position or recommendation, or that it is taking no position or making no recommendation, with respect to the proposed control share acquisition.
Section 33-17-109. Voting rights of acquired control shares; resolution.
(a) Control shares acquired in a control share acquisition have the same voting rights as were accorded the shares before the control share acquisition only to the extent granted by resolution approved by the shareholders of the issuing public corporation.
(b) To be approved under this section, the resolution must be approved by:
(1) each voting group entitled to vote separately on the proposal by a majority of all the votes entitled to be cast by that voting group, with the holders of the outstanding shares of a class being entitled to vote as a separate voting group if the proposed control share acquisition, if fully carried out, would result in any of the changes described in Section 33-10-104(a); and
(2) each voting group entitled to vote separately on the proposal by a majority of all the votes entitled to be cast by that group, excluding all interested shares.
Section 33-17-110. Redemption of acquired control shares.
(a) If authorized in a corporation's articles of incorporation or bylaws before a control share acquisition has occurred, control shares acquired in a control share acquisition with respect to which no acquiring person statement has been filed with the issuing public corporation, at any time during the period ending sixty days after the last acquisition of control shares by the acquiring person, may be subject to redemption by the corporation at the fair value thereof pursuant to the procedures adopted by the corporation.
(b) Control shares acquired in a control share acquisition are not subject to redemption after an acquiring person statement has been filed unless the shares are not accorded full voting rights by the shareholders as provided in Section 33-17-109.
Section 33-17-111. Dissenters' rights; 'fair value' defined.
(a) Unless otherwise provided in a corporation's articles of incorporation or bylaws before a control share acquisition has occurred, in the event control shares acquired in a control share acquisition are accorded full voting rights and the acquiring person has acquired control shares with a majority or more of all voting power, all shareholders of the issuing public corporation have dissenters' rights to receive fair value for their shares pursuant to Chapter 13 of this title as provided in this article.
(b) As soon as practicable after these events have occurred, the board of directors shall cause a notice to be sent to all shareholders of the corporation advising them of the facts and that they have dissenters' rights to receive the fair value of their shares pursuant to Chapter 13 of this title.
(c) As used in this section, 'fair value' is defined as in Section 33-13-101(3), except that this value may not be less than the highest price paid per share by the acquiring person in the control share acquisition.
Sec.
33-17-201. 'Affiliate' defined
33-17-202. 'Announcement date' defined
33-17-203. 'Associate' defined
33-17-204. 'Beneficial owner' defined
33-17-205. 'Business combination' defined
33-17-206. 'Common stock' defined
33-17-207. 'Consummation date' defined
33-17-208. 'Control' defined.
33-17-209. 'Exchange Act' defined.
33-17-210. 'Interested shareholder' defined.
33-17-211. 'Market value' defined.
33-17-212. 'Preferred stock' defined.
33-17-213. 'Resident domestic corporation' defined.
33-17-214. 'Share' defined.
33-17-215. 'Share acquisition date' defined
33-17-216. 'Subsidiary' defined.
33-17-217. 'Voting shares' defined
33-17-218. Business combination with interested shareholder within five years of share acquisition date
33-17-219. Business combination with interested shareholder; requirements.
33-17-220. Amendment of articles of incorporation making corporation subject to this article; application of article.
33-17-221. Election not to be covered by this article; application of article.
33-17-222. Inadvertent interested shareholder; application of article.
33-17-223. Interested shareholder on the effective date of this chapter; application of article.
33-17-224. Applicability to foreign corporations.
33-17-225. Severability.
33-17-226. Conflict of laws with respect to foreign corporations.
Section 33-17-201. 'Affiliate' defined.
As used in this article, 'affiliate' means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with a specified person.
Section 33-17-202. ' Announcement date' defined.
As used in this article, 'announcement date', when used in reference to any business combination, means the date of the first public announcement of the definitive proposal for the business combination, without regard to subsequent amendments.
Section 33-17-203. 'Associate' defined.
As used in this article, 'associate', when used to indicate a relationship with any person, means:
(1) any corporation or organization of which the person is an officer or partner or is (directly or indirectly) the beneficial owner of ten percent or more of any class of voting shares;
(2) any trust or other estate in which the person has a substantial beneficial interest or as to which the person serves as trustee or in a similar fiduciary capacity; and
(3) any relative or spouse of the person, or any relative of the spouse, who has the same home as the person.
Section 33-17-204. 'Beneficial owner' defined.
As used in this article, 'beneficial owner', when used with respect to any shares, means a person that:
(1) individually or with or through any of its affiliates or associates beneficially owns the shares (directly or indirectly);
(2) individually or with or through any of its affiliates or associates has:
(A) the right to acquire the shares (whether the right is exercisable immediately or only after the passage of time) under any agreement, arrangement, or understanding (whether or not in writing), or upon the exercise of conversion rights, exchange rights, warrants or options, or otherwise. However, a person is not considered the beneficial owner of shares tendered under a tender or exchange offer made by the person or any of the person's affiliates or associates until the tendered shares are accepted for purchase or exchange; or
(B) the right to vote the shares under any agreement, arrangement, or understanding (whether or not in writing). However, a person is not considered the beneficial owner of any shares under this subitem (B) if the agreement, arrangement, or understanding to vote the shares arises solely from a revocable proxy or consent given in response to a proxy or consent solicitation made in accordance with the applicable regulations under the Exchange Act and is not then reportable on a Schedule 13D under the Exchange Act, or any comparable or successor report; or
(3) has any agreement, arrangement, or understanding (whether or not in writing) for the purpose of acquiring, holding, voting (except voting under a revocable proxy or consent as described in subitem (B) of item (2) of this section or disposing of the shares with any other person that beneficially owns, or whose affiliates or associates beneficially own (directly or indirectly) the shares.
Section 33-17-205. ' Business combination' defined.
As used in this article, 'business combination', when used in reference to any resident domestic corporation and any interested shareholder of the resident domestic corporation, means any of the following:
(1) Any merger of the resident domestic corporation or any subsidiary of the resident domestic corporation with:
(A) the interested shareholder; or
(B) any other corporation (whether or not itself an interested shareholder of the resident domestic corporation) that is, or after the merger or consolidation would be, an affiliate or associate of the interested shareholder.
(2) Any sale, lease, exchange, mortgage, pledge, transfer, or other disposition in one transaction or a series of transactions to or with the interested shareholder or any affiliate of associate of the interested shareholder of assets of the resident domestic corporation or any subsidiary of the resident domestic corporation:
(A) having an aggregate market value equal to ten percent or more of the aggregate market value of all the assets, determined on a consolidated basis, of the resident domestic corporation;
(B) having an aggregate market value equal to ten percent or more of the aggregate market value of all the outstanding shares of the resident domestic corporation; or
(C) representing ten percent or more of the earning power or net income, determined on a consolidated basis, of the resident domestic corporation.
(3) The issuance or transfer by the resident domestic corporation or any subsidiary of the resident domestic corporation in one transaction or a series of transactions of any shares of the resident domestic corporation or any subsidiary of the resident domestic corporation that have an aggregate market value equal to five percent or more of the aggregate market value of all the outstanding shares of the resident domestic corporation to the interested shareholder or any affiliate or associate of the interested shareholder except under the exercise of warrants or rights to purchase shares offered, or a dividend or distribution paid or made, pro rata to all shareholders of the resident domestic corporation.
(4) The adoption of any plan or proposal for the liquidation or dissolution of the resident domestic corporation proposed by, or under any agreement, arrangement, or understanding (whether or not in writing) with, the interested shareholder or any affiliate or associate of the interested shareholder.
(5) Any:
(A) reclassification of securities (including without limitation any share split, share dividend, or other distribution of shares in respect of shares, or any reverse share split);
(B) recapitalization of the resident domestic corporation;
(C) merger or consolidation of the resident domestic corporation with any subsidiary of the resident domestic corporation; or
(D) other transaction (whether or not with or into or otherwise involving the interested shareholder) proposed by, or under any agreement, arrangement, or understanding (whether or not in writing) with, the interested shareholder or any affiliate or associate of the interested shareholder, that has the effect (directly or indirectly) of increasing the proportionate share of the outstanding shares of any class or series of voting shares or securities convertible into voting shares of the resident domestic corporation or any subsidiary of the resident domestic corporation that is (directly or indirectly) owned by the interested shareholder or any affiliate or associate of the interested shareholder, except as a result of immaterial changes due to fractional share adjustments.
(6) Any receipt by the interested shareholder or any affiliate or associate of the interested shareholder of the benefit (directly or indirectly, except proportionately as a shareholder of the resident domestic corporation) of any loans, advances, guarantees, pledges, or other financial assistance or any tax credits or other tax advantages provided by or through the resident domestic corporation.
Section 33-17-206. 'Common stock' defined.
As used in this article, 'common stock' means any shares other than preferred shares.
Section 33-17-207. 'Consummation date' defined.
As used in this article, 'consummation date', with respect to any business combination, means the date of consummation of the business combination or, in the case of a business combination as to which a shareholder vote is taken, the later of:
(1) the business day before the vote; or
(2) twenty days before the date of consummation of the business combination.
Section 33-17-208. 'Control' defined.
(a) As used in this article, 'control', including the terms 'controlling', 'controlled by', and 'under common control with', means the possession (directly or indirectly) of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise.
(b) A person's beneficial ownership of ten percent or more of the voting power of a corporation's outstanding voting shares creates a presumption that the person has control of the corporation.
(c) Notwithstanding subsections (a) and (b), a person is not considered to have control of a corporation if the person holds voting power, in good faith and not for the purpose of circumventing this article, as an agent, bank, broker, nominee, custodian, or trustee for one or more beneficial owners who do not individually or as a group have control of the corporation.
Section 33-17-209. 'Exchange Act' defined.
As used in this article, 'Exchange Act' means the act of Congress known as the Securities Exchange Act of 1934, as amended.
Section 33-17-210. 'Interested shareholder' defined.
(a) As used in this article, 'interested shareholder', when used in reference to any resident domestic corporation, means any person (other than the resident domestic corporation or any subsidiary of the resident domestic corporation) that is
(1) the beneficial owner (directly or indirectly) of ten percent or more of the voting power of the outstanding voting shares of the resident domestic corporation; or
(2) an affiliate or associate of the resident domestic corporation and at any time within the two-year period immediately before the date in question was the beneficial owner (directly or indirectly) of ten percent or more of the voting power of the then outstanding shares of the resident domestic corporation.
(b) For the purpose of determining whether a person is an interested shareholder, the number of voting shares of the resident domestic corporation considered to be outstanding includes shares considered to be beneficially owned by the person through application of Section 33-17-204, but does not include any other unissued shares of voting shares of the resident domestic corporation that may be issuable under any agreement, arrangement, or understanding, or upon exercise of conversion rights, warrants, or options, or otherwise.
Section 33- 17-211. 'Market value' defined.
As used in this article, 'market value', when used in reference to shares or property of any resident domestic corporation, means the following:
(1) In the case of shares, the highest closing sale price of a share during the thirty-day period immediately preceding the date in question on the composite tape for New York Stock Exchange listed shares, or, if the shares are not quoted on the composite tape or not listed on the New York Stock Exchange, on the principal United States securities exchange registered under the Exchange Act on which the shares are listed, or, if the shares are not listed on any such exchange, the highest closing bid quotation with respect to a share during the thirty-day period preceding the date in question on the National Association of Securities Dealers, Inc., Automated Quotations System or any system then in use, or if no such quotation is available, the fair market value on the date in question of a share as determined by the board of directors of the resident domestic corporation in good faith.
(2) In the case of property other than cash or shares, the fair market value of the property on the date in question as determined by the board of directors of the resident domestic corporation in good faith.
Section 33-17-212. 'Preferred stock' defined.
As used in this article, 'preferred stock' means any class or series of shares of a resident domestic corporation that under the bylaws or articles of incorporation of the resident domestic corporation:
(1) is entitled to receive payment of dividends before any payment of dividends on some other class or series of shares; or
(2) is entitled in the event of any voluntary liquidation, dissolution, or winding up of the corporation to receive payment or distribution of a preferential amount before any payments or distributions are received by some other class or series of shares.
Section 33-17-213. 'Resident domestic corporation' defined.
(a) As used in this article, 'resident domestic corporation' means a domestic corporation that has one hundred or more shareholders.
(b) A resident domestic corporation does not cease to be a resident domestic corporation by reason of events occurring or actions taken while the resident domestic corporation is subject to this article.
Section 33-17-214. 'Share' defined.
As used in this article, 'share' means:
(1) any share or similar security, any certificate of interest, and participation in any profit sharing agreement, any voting trust certificate, or any certificate of deposit for a share; and
(2) any security convertible, with or without consideration, into shares, or any warrant, call, or other option or privilege of buying shares without being bound to do so, or any other security carrying any right to acquire, subscribe to, or purchase shares.
Section 33-17-215. 'Share acquisition date' defined.
As used in this article, 'share acquisition date', with respect to any person and any resident domestic corporation, means the date that the person first becomes an interested shareholder of the resident domestic corporation.
Section 33-17-216. 'Subsidiary' defined.
As used in this article, 'subsidiary' of any resident domestic corporation means any other corporation of which voting shares having a majority of the outstanding voting shares of the other corporation entitled to be cast are owned (directly or indirectly) by the resident domestic corporation.
Section 33-17-217. 'Voting shares' defined.
As used in this article, 'voting shares' means shares of capital stock of a corporation entitled to vote generally in the election of directors.
Section 33-17-218. Business combination with interested shareholder within two years of share acquisition date.
(a) Notwithstanding any other provision of this South Carolina Business Corporation Act, except Sections 33-17-220 through 33-17-223, a resident domestic corporation may not engage in any business combination with any interested shareholder of the resident domestic corporation for a period of two years following the interested shareholder's share acquisition date unless the business combination or the purchase of shares made by the interested shareholder on the interested shareholder's share acquisition date is approved by a majority of the disinterested members of the board of directors of the resident domestic corporation before the interested shareholder's share acquisition date. As used in this section, a director or person is 'disinterested' if the director or person is not a present or former officer or employee of the resident domestic corporation, or related corporation. If the board has less than three disinterested directors, the board shall appoint three or more disinterested persons to serve as a committee to vote on the issue.
(b) If a good faith proposal regarding a business combination is made in writing to the board of directors of the resident domestic corporation, the board of directors shall respond in writing within thirty days or that shorter period, if any, as may be required by the Exchange Act, setting forth its reasons for its decision regarding the proposal.
(c) If a good faith proposal to purchase shares is made in writing to the board of directors of the resident domestic corporation, the board of directors, unless it responds affirmatively in writing within thirty days or that shorter period, if any, as may be required by the Exchange Act, is considered to have disapproved the share purchase.
Section 33-17-219. Business combination with interested shareholder; requirements.
Notwithstanding any other provision of this South Carolina Business Corporation Act, except Sections 33-17-218 and 33-17-220 through 33-17-223, a resident domestic corporation may not engage at any time in any business combination with any interested shareholder of the resident domestic corporation other than a business combination meeting all requirements of the articles of incorporation of the domestic corporation and the requirements specified in any of the following:
(1) a business combination approved by the board of directors of the resident domestic corporation before the interested shareholder's share acquisition date, or as to which the purchase of shares made by the interested shareholder on the interested shareholder's share acquisition date had been approved by the board of directors of the resident domestic corporation before the interested shareholder's share acquisition date;
(2) a business combination approved by the affirmative vote of the holders of a majority of the outstanding voting shares not beneficially owned by the interested shareholder proposing the business combination, or any affiliate or associate of the interested shareholder proposing the business combination, at a meeting called for that purpose no earlier than five years after the interested shareholder's share acquisition date;
(3) a business combination that meets all of the following conditions:
(A) The aggregate amount of the cash and the market value as of the consummation date of consideration other than cash to be received per share by holders of outstanding shares of common stock of the resident domestic corporation in the business combination is at least equal to the higher of the following:
(i) the highest per share price paid by the interested shareholder, at a time when the interested shareholder was the beneficial owner (directly or indirectly) of five percent or more of the outstanding voting shares of the resident domestic corporation, for any shares of common stock of the same class or series acquired by it within the two-year period immediately before the announcement date with respect to the business combination or within the two-year period immediately before, or in, the transaction in which the interested shareholder became an interested shareholder, whichever is higher; plus, in either case, interest compounded annually from the earliest date on which the highest per share acquisition price was paid through the consummation date at the rate for one-year United States Treasury obligations from time to time in effect; less the aggregate amount of any cash dividends paid, and the market value of any dividends paid other than in cash, per share of common stock since the earliest date, up to the amount of the interest;
(ii) the market value per share of common stock on the announcement date with respect to the business combination or on the interested shareholder's share acquisition date, whichever is higher; plus interest compounded annually from that date through the consummation date at the rate for one-year United States Treasury obligations from time to time in effect; less the aggregate amount of any cash dividends paid, and the market value of any dividends paid other than in cash, per share of common stock since that date, up to the amount of the interest.
(B) The aggregate amount of the cash and the market value as of the consummation date of consideration other than cash to be received per share by holders of outstanding shares of any class or series of shares, other than common stock, of the resident domestic corporation is at least equal to the highest of the following (whether or not the interested shareholder has previously acquired any shares of the class or series of shares):
(i) the highest per share price paid by the interested shareholder, at a time when the interested shareholder was the beneficial owner (directly or indirectly) of five percent or more of the outstanding voting shares of the resident domestic corporation, for any shares of the class or series of shares acquired by it within the two-year period immediately before the announcement date with respect to the business combination or within the two-year period immediately before, or in, the transaction in which the interested shareholder became an interested shareholder, whichever is higher; plus, in either case, interest compounded annually from the earliest date on which the highest per share acquisition price was paid through the consummation date at the rate for one-year United States Treasury obligations from time to time in effect; less the aggregate amount of any cash dividends paid, and the market value of any dividends paid other than in cash, per share of the class or series of shares since the earliest date, up to the amount of the interest;
(ii) the highest preferential amount per share to which the holders of shares of the class or series of shares are entitled in the event of any voluntary liquidation, dissolution, or winding up of the resident domestic corporation, plus the aggregate amount of any dividends declared or due as to which the holders are entitled before payment of dividends, on some other class or series of shares (unless the aggregate amount of the dividends is included in the preferential amount);
(iii) the market value per share of the class or series of shares on the announcement date with respect to the business combination or on the interested shareholder's share acquisition date, whichever is higher; plus interest compounded annually from that date through the consummation date at the rate of one-year United States Treasury obligations from time to time in effect less the aggregate amount of any cash dividends paid, and the market value of any dividends paid other than in cash, per share of the class or series of shares since that date, up to the amount of the interest.
(C) The consideration to be received by holders of a particular class or series of outstanding shares, including common stock, of the resident domestic corporation in the business combination is in cash or in the same form as the interested shareholder has used to acquire the largest number of shares of the class or series of shares previously acquired by it, and the consideration must be distributed promptly.
(D) The holders of all outstanding shares of the resident domestic corporation not beneficially owned by the interested shareholder immediately before the consummation of the business combination are entitled to receive in the business combination cash or other consideration for the shares in compliance with subitems (A), (B), and (C).
(E) After the interested shareholder's share acquisition date and before the consummation date with respect to the business combination, the interested shareholder has not become the beneficial owner of any additional voting shares of the resident domestic corporation except:
(i) as part of the transaction that resulted in the interested shareholder becoming an interested shareholder;
(ii) by virtue of proportionate share splits, share dividends, or other distributions of shares in respect of shares not constituting a business combination under Section 33- 17-205 (5);
(iii) through a business combination meeting all of the conditions of Section 33-17-218 and this section; or
(iv) through purchase by the interested shareholder at any price that, if the price had been paid in an otherwise permissible business combination the announcement date and consummation date of which were the date of the purchase, would have satisfied the requirement of subitems (A), (B), and (C).
Section 33-17-220. Amendment of articles of incorporation making corporation not subject to this article; application of article.
This article does not apply to any business combination of a resident domestic corporation of which the articles of incorporation have been amended to provide that the resident domestic corporation is not subject to this article, and is a business combination with an interested shareholder whose share acquisition date is before the effective date of the amendment.
Section 33- 17-221. Election not to be covered by this article; application of article.
This article does not apply to any business combination of a resident domestic corporation:
(1) the original articles of incorporation of which contain a provision expressly electing not to be governed by this article; or
(2) that adopts an amendment of the resident domestic corporation's articles of incorporation expressly electing not to be governed by this article; or
(3) with an interested shareholder whose share acquisition date is on or before the effective date of this article; or
(4) such business combination was the subject of a written agreement in existence and binding upon the resident domestic corporation on the effective date of this article and such agreement is not amended or modified in any material respect after the effective date of this article.
Section 33-17-222. Inadvertent interested shareholder; application of article.
This article does not apply to any business combination of a resident domestic corporation with an interested shareholder of the resident domestic corporation who became an interested shareholder inadvertently, if the interested shareholder:
(1) as soon as practicable, divests itself of a sufficient amount of the voting shares of the corporation so that it no longer is the beneficial owner (directly or indirectly) of ten percent or more of the outstanding voting shares of the resident domestic corporation; and
(2) at any time within the two-year period preceding the announcement date with respect to the business combination would not have been an interested shareholder but for the inadvertent acquisition.
Section 33-17-223. Interested shareholder on the effective date of this chapter; application of article.
This article does not apply to any business combination with an interested shareholder who was an interested shareholder on the effective date of this chapter.
Section 33-17-224. Applicability to foreign corporations.
(a) The provisions of this article also apply to a foreign corporation incorporated in any state other than South Carolina that has:
(1) a class of voting shares registered with the Securities and Exchange Commission under Section 12 of the 1934 Exchange Act; or
(2) gross assets at the end of its most recent fiscal year totalling twenty-five million dollars or more; or
(3) one hundred or more shareholders; and
(4) its principal place of business, its principal office, or more than forty percent of its assets within South Carolina; and either:
(A) more than ten percent of its shareholders resident in South Carolina;
(B) more than ten percent of its shares owned by South Carolina residents; or
(C) ten thousand shareholders resident in South Carolina.
(b) The residence of a shareholder is presumed to be the address appearing in the records of the corporation.
(c) Shares held by banks (except as trustee or guardian), brokers, or nominees must be disregarded for purposes of calculating the percentages or numbers described in this section.
Section 33-17-225. Severability.
If any section, subsection, item, paragraph, subparagraph, sentence, clause, or phrase of this article is declared invalid, unenforceable, unlawful, or unconstitutional by a court of competent jurisdiction by final judgment, that judgment shall not affect or does not affect any other section, subsection, item, paragraph, subparagraph, sentence, clause, or phrase of this article which will remain in full force and effect as if the portion declared invalid or unconstitutional was not a part thereof originally.
Section 33-17-226. Conflict of laws with respect to foreign corporations.
If the laws of the State under which a foreign corporation otherwise affected by this article was incorporated, chartered, or otherwise organized are expressly inconsistent with any section, subsection, item, paragraph, subparagraph, sentence, clause, or phrase of this article, that portion of this article has no force and effect with respect to that foreign corporation and the remainder of this article remains in full force and effect with respect to that foreign corporation as if that inconsistent section, subsection, item, paragraph, subparagraph, sentence, clause, or phrase of this article was not a part thereof originally./
Amend further by adding a new section to be appropriately numbered to read:
/SECTION _____. Chapter 2 of Title 35 of the 1976 Code is repealed./
Amend further by striking item (5) of Section 33-13-102, as contained on page 544, and inserting:
/(5) the approval of a control share acquisition under Article 1 of Chapter 9 of this title;
(6) any corporate action to the extent the articles of incorporation, bylaws, or a resolution of the board of directors provides that voting or nonvoting shareholders are entitled to dissent and obtain payment for their shares./
Amend further by striking item (5) of SECTION 4, page 898, and inserting:
/(5) Sections 33-51-10 through 33-51-170;
(6) Sections 35-2-10 through 35-2-130./
Amend further by striking Section 33-2-102 which begins on page 92 and inserting:
/Section 33-2-102. articles of incorporation.
(a) The articles of incorporation must set forth:
(1) a corporate name for the corporation that satisfies the requirements of Section 33-4-101;
(2) the number of shares the corporation is authorized to issue, itemized by classes;
(3) the street address of the corporation's initial registered office and the name of its initial registered agent at that office;
(4) the name and address of each incorporator;
(5) the signature of each incorporator;
(6) the names and addresses of the individuals who are to serve as the initial directors;
(7) the general nature of the business for which the corporation is organized; and
(8) a certificate, signed by an attorney licensed to practice in this State, that all of the requirements of this chapter have been complied with, and that in the attorney's opinion, the corporation is organized for a lawful purpose.
(b) The articles of incorporation may set forth:
(1) provisions not inconsistent with the law regarding:
(i) managing the business and regulating the affairs of the corporation;
(ii) defining, limiting, and regulating the powers of the corporation, its board of directors, and shareholders;
(iii) a par value for authorized shares or classes of shares;
(iv) the imposition of personal liability on shareholders for the debts of the corporation to a specified extent and upon specified conditions; and
(2) any provision that under this act is required or permitted to be set forth in the bylaws.
(c) The articles of incorporation need not set forth any of the corporate powers enumerated in this act.
(d) To be filed, the articles of incorporation must additionally be accompanied by the initial annual report of the corporation as specified in Section 12-19-20.
(e) The articles of incorporation may also contain a provision eliminating or limiting the personal liability of a director to the corporation or its shareholders for monetary damages for breach of fiduciary duty as a director, provided that the provision shall not eliminate or limit the liability of a director (i) for any breach of the director's duty of loyalty to the corporation or its shareholders; (ii) for acts or omissions not in good faith or which involve recklessness, intentional misconduct, or a knowing violation of law; (iii) imposed under Section 33-8-330; or (iv) for any transaction from which the director derived an improper personal benefit. No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when the provision becomes effective./
Amend further by striking Section 33-6-210 of the 1976 Code, as contained on page 213, and inserting:
/Section 33-6-210. Issuance of shares.
(a) The powers granted in this section to the board of directors may be reserved to the shareholders by the articles of incorporation.
(b) The board of directors may authorize shares to be issued for consideration consisting of any tangible or intangible property or benefit to the corporation, including cash, promissory notes, services performed, written contracts for services to be performed, or other securities of the corporation.
(c) Before the corporation issues shares, the board of directors must determine that the consideration received or to be received for shares to be issued is adequate. That determination by the board of directors is conclusive insofar as the adequacy of consideration for the issuance of shares relates to whether the shares are validly issued, fully paid, and nonassessable.
(d) When the corporation receives the consideration for which the board of directors authorized the issuance of shares, the shares issued therefor are fully paid and nonassessable.
(e) The corporation must place in escrow shares issued for a contract for future services or benefits or for a promissory note. Any share dividends in respect of the shares escrowed also must be placed in escrow. Distributions in respect of escrowed shares must be credited against their purchase price. The shares escrowed shall remain in escrow until the services are performed, the note is paid, or the benefits are received. If the services are not performed, the note is not paid, or the benefits are not received, the shares escrowed and the distributions credited may be canceled in whole or in part./
Amend further by striking Section 33-8-210 of the 1976 Code, beginning on page 382, and inserting:
/Section 33-8-210. Action without meeting.
(a) Unless the articles of incorporation or bylaws provide otherwise, action required or permitted by this act to be taken at a board of directors' meeting may be taken without a meeting if the action is assented to by all members of the board.
(b) The action may be evidenced by one or more written consents describing the action taken, signed by each director, and included in the minutes or filed with the corporate records reflecting the action taken. Action evidenced by written consents under this subsection is effective when the last director signs the consent, unless the consent specifies a different effective date. A consent signed under this subsection has the effect of a meeting vote and may be described as such in any document./
Amend further by striking Section 33-8-330 of the 1976 Code, as contained on page 421, and inserting:
/Section 33-8-330. Liability for unlawful distributions.
(a) A director who votes for or assents to a distribution made in violation of Section 33-6-400 or the articles of incorporation is personally liable to the corporation for the amount of the distribution that exceeds what could have been distributed without violating Section 33-6-400 or the articles of incorporation if it is established that he did not perform his duties in compliance with Section 33-8-300. In any proceeding commenced under this section, a director has all of the defenses ordinarily available to a director.
(b) A director held liable under subsection (a) for an unlawful distribution is entitled to contribution:
(1) from every other director who could be held liable under subsection (a) for the unlawful distribution; and
(2) from each shareholder for the amount the shareholder accepted knowing the distribution was made in violation of Section 33-6-400 or the articles of incorporation./
Amend further by striking Section 33-15-103 which begins on page 649 and inserting:
/Section 33-15-103. Application for certificate of authority.
(a) A foreign corporation may apply for a certificate of authority to transact business in this State by delivering an application to the Secretary of State for filing. The application must set forth:
(1) the name of the foreign corporation or, if its name is unavailable for use in this State, a corporation name that satisfies the requirements of Section 33-15-106;
(2) the name of the state or country under whose law it is incorporated;
(3) its date of incorporation and period of duration;
(4) the street address of its principal office;
(5) the address of its proposed registered office in this State and the name of its proposed registered agent at that office;
(6) the names and usual business addresses of its current directors and officers;
(7) a statement of the business which it proposes to do in this State;
(8) a statement of the aggregate number of shares which the corporation has authority to issue, itemized by classes and series, if any, within a class; and
(9) a certificate, signed by an attorney licensed to practice in this State, that all of the requirements of this chapter relating to the authorization of foreign corporations to do business in this State have been complied with, and that, in the opinion of the attorney, the foreign corporation is authorized to do business for lawful purposes in this State.
(b) The foreign corporation shall deliver with the completed application a certificate of existence (or a document of similar import) duly authenticated by the Secretary of State or other official having custody or corporate records in the state or country under whose law it is incorporated.
(c) The foreign corporation shall deliver with the completed application the initial annual report of the corporation as specified in Section 12-19-20./
Amend further by striking Section 33-16-101 (e)(7) of the 1976 Code, as contained on page 690, and inserting:
/(7) its most recent annual report delivered to the Tax Commission under Section 33-16-220;/
Amend further by striking Section 12-19-20(e) of the 1976 Code, which begins on page 888, and inserting:
/(e) In order to file the initial articles of incorporation or application for certificate of authority by a foreign corporation, the articles or application for certificate of authority must be accompanied by an initial annual report containing the information required pursuant to subsections (a) through (c) of this section together with a remittance for the minimum license fee required by Sections 12-19-70 and 12-19-120 made payable to the South Carolina Tax Commission. The report and remittance must be submitted to the Tax Commission by the Secretary of State./
Amend further by striking Section 12-19-70 of the 1976 Code, as contained in subsection (2) of SECTION 3 on page 889 and inserting:
/Section 12-19-70. In addition to all other license taxes or fees or taxes of whatever kind, every corporation required to file the report by Section 12-19-20, except the corporations enumerated in Section 12-19-100, shall pay to the Commission at the time of filing the report as required by Section 12-19-20 an annual license fee of five fifteen dollars plus one mill on each dollar paid to the capital stock and paid in as surplus of the corporation as shown by the records of the corporation on the first day of the income year next preceding the date of filing the report. In no case may the license fee provided by this section be less than fifteen twenty-five dollars. The license fee provided for by this section must be paid at the time of filing the report pursuant to the provisions of Section 12-19-20. The phrase 'paid in as surplus' for the purposes of Chapter 19, Title 12, shall mean means the entire surplus of a corporation other than its earned surplus as defined in Title 33, Chapter 1, Section 33-1-20(q) below, and shall include includes any charges against earned surplus reflected in the balance sheet except charges for reserves.
For purposes of this section, 'earned surplus' means that portion of the surplus of a corporation equal in amount to the balance of its net profits, income, gains, and losses from the date of incorporation, or from the latest date when a deficit was eliminated by application of its capital surplus, after deducting subsequent distributions to shareholders and transfer to stated capital and capital surplus to the extent that such distribution and transfers are made out of earned surplus. Unrealized appreciation of assets shall not be included in earned surplus.
The amount of the license fee required by this section for a bank holding company and savings and loan holding company must be measured by the capital stock and paid in surplus of the holding company exclusive of the capital stock and paid in surplus of any bank or savings and loan association that is a subsidiary of the holding company. For the purposes of this section, 'bank', 'bank holding company', and a 'subsidiary' of a bank holding company have the same definitions as ln Section 34-24-20 and savings and loan 'association', 'savings and loan holding company', and a 'subsidiary' of a savings and loan association have the same definition as in Section 34-28-300.
The provisions of this section are effective for all corporate returns filed on or after December 31, 1987."/
Amend further by striking Section 15-9-210(b) of the 1976 Code, as contained on page 891, and inserting:
/(b) If the corPoration has no registered agent, or the agent cannot be served with reasonable diligence, the corporation may be served by registered or certified mail, return receipt requested, addressed to the office of the secretary of the corporation at its principal office. Service is perfected under this subsection at the earliest of:
(1) the date the corporation receives the mail;
(2) the date shown on the return receipt, if signed on behalf of the corporation; or
(3) five days after its deposit in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed to the address of the company's principal office which is listed on the last filed annual report of the company or, if none has been filed, the address of the principal office specified in the initial annual report of the corporation filed with the South Carolina Tax Commission./
Amend further by striking Section 15-9-240(b) of the 1976 Code, as contained on page 893, and inserting:
/(b) A foreign corporation may be served by registered or certified mail, return receipt requested, addressed to the office of the secretary of the foreign corporation at its principal office shown in its application for a certificate of authority or in its most recent annual report if the foreign corporation:
(1) has no registered agent or its registered agent cannot be served with reasonable diligence;
(2) has withdrawn from transacting business in this State under Section 33-15-20; or
(3) has had its certificate of authority revoked under Section 33-15-31./
Amend further by striking subsection (8) and the South Carolina Reporters Comments thereto, as contained on lines 13 through 43 on page 897 in their entirety.
Amend further Section 33-14-200, page 609, by striking item (1) beginning on line 10 and inserting:
/(1) the corporation does not pay when they are due any franchise taxes, taxes payable under Chapter 7 of Title 12, or penalties imposed by law;/
Amend further by adding the following new sections appropriately numbered to read:
/Section ______ Article 13, Chapter 7 of Title 12 of the 1976 Code is amended by adding:
"Section 12-7-1675. Notwithstanding the provisions of Section 12-7-1650 and 12-7-1670, the Commission shall notify any corporation of its failure to comply with the provisions of Chapters 7 and 19 of this Title requiring the filing of returns. If the taxpayer fails to.file the required return within sixty days of the notice, the commission may provide the Secretary of State the name of the taxpayer failing to file a return and the Secretary of State shall administratively dissolve the corporation. The commission may not make an assessment or issue any warrant against a taxpayer which it refers to the Secretary of State for administrative dissolution."
Section _______ Chapter 54 of Title 12 of the 1976 Code is amended by adding:
"Section 12-54-125. If, upon investigation, the commission determines that any corporation which has been dissolved by the Secretary of State has not conducted any business since the last return was filed with the commission, or if there are no available assets of the corporation, the commission may deem that warrants of distraint issued against the corporation were issued in error and may withdraw them."/
Amend further, page 156, by striking Section 33-4-101(g) of the 1976 Code and inserting:
/(g) Any corporation incorporated in South Carolina which, prior to the effective date of this act, filed a renewable certificate with the Secretary of State adopting an 'assumed name' pursuant to the provisions Or Section 33-5-35 in Section 2 of Act 146 of 1981, and which filed assumed name would not meet the requirements of subsection (a) of this section, may continue to use the name as its name until December 31, 1994, at which time the name of the corporation must meet the requirements of subsections (a) and (b) of this section. If necessary to meet the requirements of subsections (a) and (b), the corporation must amend its articles of incorporation prior to December 31, 1994.
If any corporation incorporated in South Carolina prior to the effective date of this act adopted an assumed name which complies with all of the provisions of subsections (a) and (b), that assumed name, upon filing of amended articles designating such name as the name of the corporation, is the corporation's name.
No certificate of assumed name may be renewed after the effective date of this act, and all such certificates, regardless of stated expiration date, automatically expire on December 31, 1994./
Amend further, page 333, by striking Section 33-7-270(c) of the 1976 Code and inserting:
/(c) A corporation in existence on the effective date of this act that has authorized a greater quorum or voting right for shareholders (or voting groups of shareholders) than is provided in this act solely in its bylaws shall amend its articles of incorporation to meet the requirements of subsection (a) by January 1, 1991, in order for these shareholder voting rights to remain effective beyond that date./
Amend further, page 874, by striking Section 33-19-700(f) of the 1976 Code and inserting:
/(f) A professional corporation in existence on the effective date of this chapter is not in violation of this chapter for failure to file its articles of association with the Secretary of State as required by subsection (e) or to make any amendments to its articles of association required by this chapter or Chapters 1 through 17 of the South Carolina Business Corporation Act of 1988 until January 1, 1991. The failure of a professional corporation to file its articles of association and any necessary amendments to its articles of association by that date does not:
(1) impair the validity of any contract or act of the professional corporation;
(2) prevent the professional corporation from maintaining or defending any action, suit, or proceeding in any court in this State; or
(3) result in any shareholder not being governed by Section 33-19-340 with respect to liability for professional services./
Amend further, page 900, by striking SECTION 8 and inserting:
/SECTION 8. This act takes effect January 1, 1989, except that the provisions of Chapter 17 of Title 33 and Section 12-19-70 of the 1976 Code take effect upon approval by the Governor./
Renumber subsections and sections to conform.
Amend title to conform.
Reps. TOAL and WILKINS proposed the following Amendment No. 2 (Doc. No. 0553J), which was adopted.
Amend the amendment, as and if amended, of the Judiciary Committee dated October 8, 1987, (Document Number 0155J) by striking /five years/ as contained on line 7 of page 33 and inserting /two years/.
Amend title to conform.
Reps. WILKINS and TOAL proposed the following Amendment No. 3 (Doc. No. 1322J), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, by striking lines 1 through 45 on page 34, and lines 1 through 16 on page 35.
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. DANGERFIELD moved to adjourn debate upon the following Bill until Tuesday, February 2, which was adopted.
H. 2699 -- Reps. Clyborne, Baker, Haskins, Kirsh, Gilbert, Petty and J. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-35-235 SO AS TO REQUIRE INSURERS TO NOTIFY IN WRITING ALL HEALTH AND MEDICAL INSURANCE POLICYHOLDERS AND ALL GROUP MEMBERS COVERED BY A CROUP POLICY OF INSURANCE BY THE INSURER OF ANY CHANGES IN COVERAGE PRIOR TO THE EFFECTIVE DATE OF THE CHANGE.
The following Bill was taken up.
S. 93 -- Senator Lourie: A BILL TO AMEND SECTION 58-17-1450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF RAILROAD CROSSINGS BY COUNTY SUPERVISORS, SO AS TO ASSIGN THE RESPONSIBILITY TO EXAMINE CROSSINGS TO THE STATE HIGHWAY ENGINEER, TO REQUIRE HIM TO HAVE THE HIGHWAYS AND PUBLIC TRANSPORTATION DEPARTMENT TO TAKE CORRECTIVE ACTIONS OR TO DIRECT RAILROAD COMPANIES, COUNTIES, AND MUNICIPALITIES TO TAKE APPROPRIATE CORRECTIVE SAFETY MEASURES, TO PROVIDE FOR THE PAYMENT OF SAFETY-RELATED EXPENSES, AND TO PROVIDE CIVIL PENALTIES FOR NONCOMPLIANCE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 0494J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 58-17-1450 of the 1976 Code is amended to read:
"Section 58-17-1450. The supervisors of the respective counties in this state shall at least once in every year, examine all the railroad crossings of the public highways in their respective counties outside of the corporate limits of cities, towns, and villages. If they find that any of such crossings, within the right of way of any railroad company, are unsafe as to the lives of persons or as to the protection of property, they shall forthwith give written notice thereof to any officer or agent of the railroad within the county. All railroad crossings on public highways must be inspected for conditions which unsafely obstruct motorists' view of approaching trains and for the presence of crossbucks prescribed by Section 58-17-1390. The Department of Highways and Public Transportation hereinafter referred to as the Department, is responsible for inspecting railroad crossings on state maintained highways, the governing body of each county is responsible for inspecting railroad crossings on county maintained roads, and the governing body of each municipality is responsible for inspecting railroad crossings on road and street rights of way maintained by municipalities. The Department shall inform counties and municipalities of the railroad crossings they are responsible for inspecting. By January 1, 1989, the governing body of each county and municipality must notify the Department of the office and public official to whom the governing body has assigned responsibility for performing the inspections. If the person inspecting a railroad crossing finds that the required crossbucks are not in places properly in place or maintained or finds that motorists' view of approaching trains is unsafely obstructed by vegetation, growth, or objects not permanently affixed to realty which are within the right of way of the railway, the person inspecting the crossing must immediately notify the State Highway Engineer of the hazard. The notice must identify the crossing and describe the hazard. Upon receipt of notice from the person inspecting the crossing, the Department must give written notice of the hazard immediately by certified mail to any officer or registered agent of the railroad within the state. Notice from the Department shall direct the railroad to cut or remove the vegetation, growth, and objects not permanently affixed to realty that are obstructing motorists' view or to erect, maintain or properly situate crossbucks.
Removal and elimination of obstructions must be made by the responsible railroad within thirty days of receipt of notification from the Department. Erection of crossbucks and measures to properly place and maintain crossbucks must be performed by the responsible railroad within ten days of receipt of notification from the Department. Failure of the railroad company to remove or eliminate the obstruction within the railroad's right of way and to erect or properly place and maintain crossbucks within the specified time period subjects the railroad company to a civil penalty of not less than one hundred dollars nor more than five hundred dollars. The railroad company is subject to an additional civil penalty of one hundred dollars a day for each day obstructions remain after the specified period and for each day crossbucks are not erected or properly placed and maintained after the specified period.
The person initially inspecting the railroad crossing is responsible for inspecting the crossing at appropriate intervals after notice to the railroad of the hazard to determine if obstructions have been eliminated and crossbucks properly placed and serviced within the period allowed before civil Penalties may be assessed.
If the person inspecting the railroad crossing finds that motorists' view of approaching trains is obstructed by vegetation, growth, or objects not permanently affixed to realty that lie outside the right of way of the railroad but within right of way of highways and roads maintained by the state, county or municipality, the person inspecting the crossing must immediately give written notice of the hazard to the appropriate department of the state, county, or municipality, upon whose right of way the obstruction exists. If the obstruction is on the right of way maintained by a county or municipality, the person inspecting the crossing must also give immediate written notice of the hazard to the State Highway Engineer.
The Department, counties, and municipalities have thirty days from issuance of the written notice by the person inspecting the crossing to eliminate the obstructions within their respective rights of way.
The person initially inspecting the railroad crossing is responsible for inspecting the crossing after notice of the hazard has been given and reporting to the Department the date upon which obstructions are eliminated. If counties or municipalities do not eliminate the obstructions within thirty days of receipt of notification, the Department must remove or eliminate the obstructions. Counties and municipalities must reimburse the Department of Highways and Public Transportation for the Department's cost in elimination the obstructions.
By January first of each year, counties and municipalities must report all railroad crossings that were inspected during the preceding year and at which no obstructions were found to the Department. The Department must make an annual report of inspections conducted during the preceding year. The annual report must be provided to the Senate Transportation Committee and the Education and Public Works Committee of the House of Representatives."
SECTION 2. Sections 58-17-1400, 58-17-1460, 58-17-1470, 58-17-1480, 58-17-1490, and 58-17-1500 of the 1976 Code of Laws are repealed.
SECTION 3. This act shall take effect upon approval by the Governor./
Amend title to conform.
Rep. O. PHILLIPS explained the amendment.
The amendment was then adopted.
Rep. O. PHILLIPS proposed the following Amendment No. 2 (Doc. No. 1398J), which was adopted.
Amend the report of the Committee on Education and Public Works, as and if amended, by inserting immediately after /obstructions./ as contained on line 10 of page 4 the following:
/If the person inspecting the railroad crossing finds that motorists' view of approaching trains is obstructed by vegetation, growth, or objects not permanently affixed to realty that lie on private property outside the right of way of the railroad and outside the highway or road right of way of the State, county, or municipality, he must immediately give written notice of the hazard to the owner of the property and to the appropriate agency of the State, county, or municipality which maintains that highway or roadway. The owner of the property has thirty days after receipt of the notice to eliminate the obstructions and the inspector shall reinspect the crossing after this thirty-day period has expired to determine if the obstructions have been eliminated./
Amend title to conform.
Rep. O. PHILLIPS explained the amendment.
The amendment was then adopted.
Rep. O. PHILLIPS proposed the following Amendment No. 3 (Doc. No. 1027J), which was adopted.
Amend the report of the Committee on Education and Public Works, as and if amended, by striking the sentence which begins on line 42 of page 1 and inserting: /All railroad crossings on public highways must be inspected for conditions which unsafely obstruct motorists' view of approaching trains, for the presence of crossbucks prescribed by Section 58-17-1390, and for the presence of stop signs authorized by law to be placed at railroad crossings./
Amend further, as and if amended, by inserting immediately after /hazard./ on line 29 of page 2 the following: /The inspector in the notice shall also inform the State Highway Engineer whether or not there is a stop sign at the crossing and, if not, whether or not in his opinion one should be added./
Amend further, as and if amended, by inserting immediately after /crossbucks./ as contained on line 39 of page 2 the following: /The Department must also notify the governing body of any county or municipality which maintains the highways or roadways at the crossing that the inspector stated in his opinion that a stop sign should be added at the crossing./
Amend title to conform.
Rep. O. PHILLIPS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. TAYLOR moved to adjourn debate upon the following Bill until Tuesday, February 2, which was adopted.
H. 2013 -- Rep. Taylor: A BILL TO AMEND SECTIONS 7-13-35, 7-13-40, 7-13-50, 7-13-60, AS AMENDED, 7-13-70, 7-13-610, 7-13-830, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS; TO AMEND ARTICLE 5 OF CHAPTER 13 OF TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EACH "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.
The following Bill was taken up.
H. 2734 -- Reps. Keyserling, T. Rogers, Shelton, White, Hearn, McTeer, Foxworth, Foster, Wilder, Sheheen, Rudnick, Whipper, Moss, Nesbitt, Helmly, Cork, Kirsh, H. Brown, Hayes, Hodges, Toal, Neilson, J. Rogers, Evatt, Washington and Dangerfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 59 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A COMPREHENSIVE HEALTH EDUCATION PROGRAM IN ELEMENTARY AND SECONDARY SCHOOLS THROUGH APPROPRIATE PROGRAM DEVELOPMENT, ADEQUATE TEACHER TRAINING, REQUIRED HOURS OF HEALTH INSTRUCTION, AND AN EXEMPTION FOR STUDENT PARTICIPATION.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 0648J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This may be cited as the "Comprehensive Health Education Act".
SECTION 2. The purpose of this act is to foster the development and dissemination of educational activities and materials which will assist South Carolina students, teachers, administrators, and parents in the perception, appreciation, and understanding of health principles and problems and responsible sexual behavior.
SECTION 3. Title 59 of the 1976 Code is amended by adding:
Section 59-32-10. As used in this chapter:
(1) 'Comprehensive health education' means health education in a school setting that is planned and carried out with the purpose of maintaining, reinforcing, or enhancing the health, health-related skills, and health attitudes and practices of children and youth that are conducive to their good health and that promote wellness, health maintenance, and disease prevention. It includes age-appropriate, sequential instruction in health either as part of existing courses or as a special course.
(2) 'Reproductive health education' means instruction in human physiology, conception, prenatal care and development, childbirth, and postnatal care, but does not include instruction concerning sexual practices unrelated to reproduction except within the context of the risk of disease. Abstinence and the risks associated with sexual activity outside of marriage must be strongly emphasized.
(3) 'Family life education' means instruction intended to:
(a) develop an understanding of the physical, mental, emotional, social, economic, and psychological aspects of close personal relationships and an understanding of the physiological, psychological, and cultural foundations of human development;
(b) provide instruction that will support the development of responsible personal values and behavior and aid students in establishing a strong family life for themselves in the future and emphasize the responsibilities of marriage.
(4) 'Pregnancy prevention education' means instruction intended to:
(a) stress the importance of abstaining from sexual activity until marriage;
(b) help students develop skills to enable them to resist peer pressure and abstain from sexual activity;
(c) explain methods of contraception, and the risks and benefits of each method. Abortion must not be included as a method of contraception. Contraceptive information must be given in the context of future family planning.
(5) 'Local school board' means the governing board of public school districts as well as those of other state-supported institutions which provide educational services to students at the elementary and secondary school level.
(6) 'Board' means the State Board of Education.
(7) 'Department' means the State Department of Education.
Section 59-32-20. Before August l, 1988, the board, through the department, shall select or develop an instructional unit with separate components addressing the subjects of reproductive health education, family life education, and pregnancy prevention education and make the instructional unit available to local school districts.
Section 59-32-30. (A) Beginning with the 1988-89 school year and pursuant to guidelines developed by the board, each local school board shall implement the following program of instruction:
(1) for grades kindergarten through eight, instruction in comprehensive health education must include the following subjects: community health, consumer health, environmental health, growth and development, nutritional health, personal health, prevention and control of diseases and disorders, safety and accident prevention, substance use and abuse, dental health, and mental and emotional health;
(2) for each grade in grades six through eight, and earlier at the discretion of the local board, instruction in comprehensive health education also must include reproductive health education and, at the discretion of the local board, also may include family life education or pregnancy prevention education, or both;
(3) at least one time during the four years of grades nine through twelve, each student shall receive instruction in reproductive health education, family life education, and, at the discretion of the local board, pregnancy prevention education.
(B) The South Carolina Educational Television Commission shall work with the department and the school districts in developing instructional programs and materials that may be available to the school districts. Films and other materials must be designed for the purpose of explaining bodily functions or the human reproductive process. These materials may not contain actual or simulated portrayals of sexual activities or sexual intercourse.
(C) Local school boards may use the instructional unit made available by the board pursuant to Section 59-32-20, or local boards may develop or select their own instructional materials addressing the subjects of reproductive health education, family life education, and pregnancy prevention education. To assist in the selection of components and curriculum materials, each local school board shall appoint an eleven member local advisory committee consisting of two parents, three clergy, two health professionals, two teachers, and two other persons not employed by the local school district.
(D) The time required for health instruction for students in kindergarten through eighth grade must not be reduced below the level required during the 1986-87 school year. Health instruction for students in grades nine through twelve may be given either as part of an existing course or as a special course.
(E) No contraceptive device or contraceptive medication may be dispensed in or on school grounds of any public elementary or secondary school. No school district may contract with any contraceptive provider to dispense contraceptives in or on school grounds. School districts may not offer programs or information about abortion services, or assist in obtaining abortions. Materials containing this information must not be distributed in schools. Nothing in this section prevents school authorities from responding to student initiated questions and concerns.
Section 59-32-40. As part of their program for staff development, the department and local school boards shall provide appropriate staff development activities for educational personnel participating in the comprehensive health education program. Local school boards are encouraged to coordinate the activities with the department and institutions of higher learning.
Section 59-32-50. Pursuant to policies and guidelines adopted by the local school board, public school principals shall develop a method of notifying parents of students in the relevant grades of the content of the instructional materials concerning reproductive health, family life, and pregnancy prevention. Notice must be provided sufficiently in advance of a student's enrollment in courses using these instructional materials to allow parents and legal guardians the opportunity to preview the materials and exempt their children.
A public school principal, upon receipt of a statement signed by a student's parent or legal guardian stating that participation by the student in the health education program conflicts with the family's beliefs, shall exempt that student from any portion or all of the units on reproductive health, family life, and pregnancy prevention where any conflicts occur. No student must be penalized as a result of an exemption. School districts shall use procedures to ensure that students exempted from the program by their parents or guardians are not embarrassed by the exemption.
Section 59-32-60. The department shall assure district compliance with this chapter. Each local school board shall consider the programs addressed in this chapter in developing its annual district report."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Rep. HASKINS proposed the following Amendment No. 2 (Doc. No. 1127J).
Amend the report of the Committee on Education and Public Works, as and if amended, page 2734-4, by striking on line 5 /shall/ and inserting /is eligible to/.
Amend title to conform.
Rep. HASKINS explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. BLACKWELL moved to reconsider the vote whereby Amendment No. 4 on H. 3512 was tabled and the motion was noted.
Rep. HASKINS proposed the following Amendment No. 3 (Doc. No. 1130J).
Amend the report of the Committee on Education and Public Works, as and if amended, page 2734-3, by striking lines 4 through 9.
Amend title to conform.
Rep. HASKINS explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 3, Rep. HASKINS having the floor.
Debate was resumed on the following Bill, the pending question being the consideration of Amendments.
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.
The motion of Rep. BLACKWELL to reconsider the vote whereby Amendment No. 4 was tabled was taken up.
Rep. GENTRY moved to table the motion to reconsider.
Rep. KIRSH demanded the yeas and nays, which were not ordered.
The House refused to table the motion to reconsider by a division vote of 43 to 48.
The question then recurred to the motion to reconsider the vote whereby Amendment No. 4 was tabled.
Rep. McEACHIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Aydlette Bailey, K. Barfield Baxley Bennett Bradley, P. Brown, C. Brown, J. Burch Carnell Chamblee Davenport Derrick Edwards Faber Felder Ferguson Foster Foxworth Gilbert Gordon Gregory Harvin Hayes Helmly Holt Huff Jones Kirsh Lanford Lockemy Martin, D. McAbee McBride McLeod, E.B. Moss Neilson Nettles Pettigrew Petty Phillips, O. Rhoad Rice Rogers, T. Sharpe Short Taylor Tucker Waldrop Washington Whipper White Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Beasley Blackwell Boan Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cole Cooper Cork Corning Dangerfield Day Fair Gentry Harris, J. Haskins Hearn Hendricks Hodges Humphries Johnson, J.C. Johnson, J.W. Kay Keyserling Klapman Koon Limehouse Mappus Martin, L. Mattos McCain McEachin McGinnis McLellan McLeod, J.W. McTeer Nesbitt Pearce Phillips, L. Rogers, J. Rudnick Sheheen Shelton Simpson Snow Stoddard Sturkie Thrailkill Townsend Wells Wilder Wilkins Williams
So, the motion to reconsider was rejected.
Rep. McABEE proposed the following Amendment No. 5 (Doc. No. 1186J), which was tabled.
Amend the bill, as and if amended, Section 56-5-4100(D), as contained in Section 12, page 14, by striking on line 3 of subsection (E) /poultry/.
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. WALDROP spoke against the amendment and moved to table the amendment, which was agreed to.
Reps. WILKINS and McCAIN proposed the following Amendment No. 6 (Doc. No. 1368J).
Amend the report, as and if amended, by adding a new section to be appropriately numbered to read:
/SECTION _______. The 1976 Code is amended by adding:
"Section 56-1-365. Any person who forfeits bail posted for, is convicted of, or pleads guilty or nolo contendere in general session, municipal, or magistrate's court to an offense which as part of the punishment to be imposed requires that his driver's license be revoked or suspended shall surrender immediately or cause to be surrendered his driver's license to the clerk of court or magistrate upon the verdict or plea. If the defendant is not incarcerated immediately after the verdict or plea, the clerk shall issue him a certificate on a form prescribed and furnished by the Department of Highways and Public Transportation which entitles him to operate a motor vehicle for a period of twenty-four hours after the verdict or plea. This certificate must be kept in the defendant's possession while operating a motor vehicle during the twenty-four hour period, and failure to have it in his possession is punishable in the same manner as is failure to have a driver's license in possession while operating a motor vehicle.
The defendant must be notified at the time of arrest of his obligation to bring, and surrender his license, if convicted, to the court or magistrate at the time of his trial, and if he fails to produce his license after conviction, he may be fined in an amount not to exceed two hundred dollars. If the defendant fails subsequently to surrender his license to the clerk or magistrate immediately after conviction, he must be fined not less than fifty dollars nor more than two hundred dollars.
The department may collect from the clerk of court or magistrate the driver's license and ticket immediately after receipt. Along with the driver's license, the clerks and magistrates shall give the department's agents tickets, arrest warrants, and other documents or copies of them, as necessary for the department to process the revocation or suspension of the licenses. If the department does not collect the license and ticket immediately, the magistrate or clerk shall forward the license, ticket, and other documentation to the department within five days after receipt. Any clerk or magistrate who wilfully fails or neglects to forward the driver's license and ticket as required is liable to indictment and, upon conviction, must be fined not exceeding five hundred dollars.
The department shall notify the defendant of the suspension or revocation. Except as provided below, if the defendant surrendered his license to the magistrate or clerk immediately after conviction the effective date of the revocation or suspension is the date of surrender. If the magistrate or clerk wilfully fails to forward the license and ticket to the department within five days, the suspension or revocation does not commence until the department receives them. Any person who certifies to the department that he is applying for a provisional license under Section 56-1-1320 who has been convicted of a first offense violation of any ordinance of any municipality or law of this State that prohibits any person from operating a vehicle while under the influence of intoxicating liquor, narcotics, or drugs may be issued, upon payment of a ten-dollar fee, by the department a certificate on a form prescribed and furnished by the department which entitles him to operate a motor vehicle for a period of twenty-one days after the verdict or plea. If the defendant is already under suspension for a previous offense at the time of his conviction or plea, the period of suspension for the subsequent offense runs consecutively and does not commence until the expiration of the suspension or revocation for the prior offense.
If the defendant fails to surrender his license, the suspension or revocation operates as otherwise provided by law.
If the defendant surrenders his license, upon conviction, and subsequently files a notice of appeal, the appeal shall act as a supersedeas. Upon payment of a ten-dollar fee and presentment by the defendant of a certified or clocked-in copy of the notice of appeal, the department shall issue him a certificate on a form prescribed and furnished by the department which entitles him to operate a motor vehicle for a period of six months after the verdict or plea. The certificate must be kept in the defendant's possession while operating a motor vehicle during the six-month period, and failure to have it in his possession is punishable in the same manner as failure to have a driver's license in possession while operating a motor vehicle."/
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS explained the amendment.
Further proceedings were interrupted by a message from the Senate, the pending question being consideration of Amendment No. 6.
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
On motion of Rep. J. ROGERS the invitation was accepted.
At 11:20 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified.
(R298) S. 556 -- Judiciary Committee: AN ACT TO AMEND SECTIONS 15-3-340 AND 15-67-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS FOR RECOVERY OF REAL PROPERTY, SO AS TO LIMIT THE NUMBER OF ACTIONS THAT MAY BE BROUGHT.
(R299) S. 260 -- Senator Waddell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-82 SO AS TO PROVIDE FOR THE GOVERNING BODY OF ANY PUBLIC SERVICE DISTRICT TO TRANSFER ITS ASSETS AND PROPERTIES AND RESPONSIBILITIES FOR THE DELIVERY OF CLINICAL MEDICAL SERVICES TO ANOTHER POLITICAL SUBDIVISION OR AN APPROPRIATE HEALTH CARE PROVIDER AND FOR THE DISSOLUTION OF THE DISTRICT UPON THE COMPLETION OF THE TRANSFER.
(R300) S. 731 -- Senators Martschink, Shealy, Stilwell and Russell: AN ACT TO PROVIDE A PROCEDURE FOR AN OFFICEHOLDER TO TENDER AN IRREVOCABLE RESIGNATION AND FOR AN ELECTION TO BE HELD TO FILL HIS OFFICE WHENEVER THE OFFICEHOLDER IS ELECTED OR APPOINTED TO ANOTHER OFFICE, AND TO PROHIBIT THE NEWLY ELECTED OFFICIAL FROM TAKING OFFICE UNTIL A VACANCY OCCURS.
(R301) S. 549 -- Senators Lourie, Land and J. Verne Smith: AN ACT TO AMEND SECTION 42-7-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT, PURPOSE, ADMINISTRATION, FUNDING, AND STAFF OF THE SECOND INJURY FUND, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY ASSESSMENT UNDER THIS SECTION CONSTITUTES A PERSONAL DEBT OF EVERY EMPLOYER OR INSURANCE CARRIER SO ASSESSED AND IS DUE AND PAYABLE TO THE SECOND INJURY FUND WHEN PAYMENT IS CALLED FOR BY THE FUND, THAT A PENALTY MAY BE ASSESSED UNDER CERTAIN CONDITIONS, AND THAT THE DIRECTOR OF THE SECOND INJURY FUND MAY FILE A COMPLAINT FOR COLLECTION UNDER CERTAIN CIRCUMSTANCES.
(R302) S. 775 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING OUTPATIENT FACILITIES FOR CHEMICALLY DEPENDENT OR ADDICTED PERSONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 810, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R303) S. 363 -- Senator Waddell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-125 SO AS TO REQUIRE WATERCRAFT TO SLOW TO NO WAKE SPEED WHEN OPERATED WITHIN TWO HUNDRED FEET OF PUBLIC BOAT LANDINGS OR RAMPS LOCATED ON LAKES AND RESERVOIRS CONSTRUCTED OR DEVELOPED FOR INVESTOR-OWNED HYDROELECTRIC GENERATING PLANTS AND TO PROHIBIT SWIMMING WITHIN FIFTY FEET OF THEM EXCEPT IN THAT PORTION OF GAME ZONE NO. 4 IN LANCASTER COUNTY.
(R304) S. 419 -- Senator Horace C. Smith: AN ACT TO AMEND SECTION 9-1-1680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM TAXATION AND LEGAL PROCESS OR ASSIGNMENT OF ANY ANNUITY, RETIREMENT ALLOWANCE, RETURN OF CONTRIBUTION, ANY OPTIONAL BENEFIT, OR OTHER RIGHT ACCRUED TO ANY PERSON UNDER THE STATE RETIREMENT SYSTEM FROM GARNISHMENT, ATTACHMENT, OR ANY OTHER PROCESS, SO AS TO INCLUDE THE SAME RETIREMENT BENEFITS OF ANY PRIVATE RETIREMENT SYSTEM OPERATED BY A MUNICIPALITY WITHIN THE PROVISIONS OF THIS SECTION.
(R305) S. 347 -- Senator Setzler: AN ACT TO AMEND SECTION 56-5-4060, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMISSIBLE HEIGHT OF VEHICLES OPERATING ON THE HIGHWAYS, SO AS TO PERMIT AN AUTOMOBILE TRANSPORTER UNIT WITH A HEIGHT OF NO MORE THAN FOURTEEN FEET TO OPERATE AND TO IMPOSE STRICT LIABILITY FOR DAMAGES INCURRED BECAUSE OF THE ADDITIONAL HEIGHT ALLOWANCE.
(R306) S. 179 -- Senators Shealy and Drummond: AN ACT TO AMEND SECTION 14-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND SUMMONING JURORS BY UTILIZING A COMPUTER, SO AS TO INCLUDE JURORS FOR THE GRAND JURY.
(R307) S. 139 -- Senator Setzler: AN ACT TO AMEND SECTION 57-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPOSITING FOREIGN SUBSTANCES ON HIGHWAYS, SO AS TO PROVIDE FOR ADDITIONAL PENALTIES WHEN ANY PERSON KNOWINGLY, WITH MALICIOUS INTENT, VIOLATES THE PROVISIONS OF THIS SECTION OR WHEN PERSONAL INJURY OR DEATH RESULTS FROM A VIOLATION.
(R308) H. 2742 -- Agriculture and Natural Resources Committee: AN ACT TO AMEND SECTION 50-17-1620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A CAST NET TO TAKE SHRIMP, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO CATCH OR TAKE SHRIMP BY ANY MEANS, RATHER THAN BY CAST NET ALONE, FOR COMMERCIAL PURPOSES OUTSIDE THE AREAS AS SPECIFIED IN CERTAIN CODE SECTIONS OR OUTSIDE THE LEGAL CHANNEL NET ZONES AS ESTABLISHED BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, MAKE IT UNLAWFUL TO TAKE OR ATTEMPT TO TAKE SHRIMP BY USE OF A SHRIMP TRAP OR SHRIMP POT, REQUIRE THE DEPARTMENT TO ESTABLISH ANNUALLY A SIXTY-DAY OPEN SEASON BETWEEN SEPTEMBER FIRST AND NOVEMBER FIFTEENTH FOR TAKING SHRIMP OVER BAITED AREAS, MAKE IT UNLAWFUL TO TAKE OR ATTEMPT TO TAKE SHRIMP OVER BAIT DURING THE CLOSED SEASON FOR TAKING SHRIMP OVER BAIT EXCEPT BY USE OF A DROP NET FROM CERTAIN STRUCTURES, MAKE IT UNLAWFUL FOR A RESIDENT OR NONRESIDENT TO TAKE SHRIMP BY CAST NET OVER BAIT DURING THE OPEN SEASON UNLESS HE FIRST OBTAINS A SHRIMP BAITING PERMIT AND ASSOCIATED TAGS, MAKE IT UNLAWFUL TO BORROW, LOAN, OR EXCHANGE A BAITING PERMIT OR TAGS WITH ANOTHER PERSON AND PROVIDE CERTAIN PENALTIES, PROVIDE FOR A FEE FOR A RESIDENT SHRIMP BAITING PERMIT AND ASSOCIATED TAGS OF TWENTY-FIVE DOLLARS AND FOR A FEE FOR THE ISSUANCE OF THE NONRESIDENT SHRIMP BAITING PERMIT AND ASSOCIATED TAGS OF FIVE HUNDRED DOLLARS, PROVIDE FOR A FEE FOR THE ISSUANCE OF DUPLICATE SHRIMP BAITING PERMIT OF TWENTY-FIVE DOLLARS FOR RESIDENTS AND OF ONE HUNDRED DOLLARS FOR NONRESIDENTS, PROVIDE FOR A FEE FOR THE ISSUANCE OF EACH DUPLICATE TAG OF ONE DOLLAR FOR RESIDENTS AND OF FOUR DOLLARS FOR NONRESIDENTS, PROVIDE FOR THE USE OF MONIES DERIVED FROM THE ISSUANCE OF ALL PERMITS AND TAGS, MAKE IT UNLAWFUL TO CATCH OR TAKE SHRIMP OVER A BAITED AREA EXCEPT UNDER CERTAIN CONDITIONS AND PROVIDE CERTAIN EXEMPTIONS TO THE PROHIBITION OUTRIGHT, MAKE IT UNLAWFUL DURING THE CLOSED SEASON FOR TAKING SHRIMP OVER BAIT TO HAVE ABOARD ANY BOAT ANY POLES OR MATERIAL THAT CAN BE USED TO ATTRACT, LURE, OR CAUSE SHRIMP TO CONGREGATE, MAKE IT UNLAWFUL TO SET POLES WITHIN FIFTY YARDS OF A DOCK OR PUBLIC LANDING OR BOAT RAMP, PROVIDE VARIOUS PENALTIES FOR THE VIOLATION OF DIFFERENT PORTIONS OF SECTION 50-17-1620, PROVIDE THAT EACH QUART OF SHRIMP TAKEN IN VIOLATION OF THE PROVISIONS OF THIS SECTION MAY CONSTITUTE A SEPARATE OFFENSE, PROVIDE THAT NO PART OF THE FINES PROVIDED IN THIS SECTION MAY BE SUSPENDED, AND DELETE CERTAIN LANGUAGE; AND TO AMEND SECTION 50-17-1621, RELATING TO THE LIMIT ON THE CATCH OF SHRIMP BY SEINE OR CAST NET, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT WHEN TAKING SHRIMP OVER BAIT, THERE IS A CATCH LIMIT OF NOT MORE THAN FORTY-EIGHT, RATHER THAN FIFTY, QUARTS OF WHOLE SHRIMP OR TWENTY-NINE, RATHER THAN THIRTY, QUARTS OF HEADED SHRIMP FOR EACH SET OF POLES A DAY, PROVIDE A CATCH LIMIT WHEN NO BAIT IS BEING USED, PROVIDE A CATCH LIMIT WHEN A SEINE OR SEINES ARE BEING USED TO TAKE SHRIMP, MAKE IT UNLAWFUL, WITH CERTAIN EXCEPTIONS, FOR ANY PERSON TO HAVE IN HIS IMMEDIATE CONTROL OR POSSESSION MORE THAN FORTY-EIGHT QUARTS OF WHOLE SHRIMP OR TWENTY-NINE QUARTS OF HEADED SHRIMP WHILE ON THE WATERS OR THE LANDS IMMEDIATELY ADJACENT TO THE WATERS AND PROVIDE FOR A POSSESSION LIMIT, PROVIDE FOR VARIOUS PENALTIES, AND PROVIDE THAT NO PART OF THE FINES IN THIS SECTION MAY BE SUSPENDED.
(R309) H. 3475 -- Rep. Pearce: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF GYMKALOS INVESTMENT CORPORATION IN HORRY COUNTY.
(R310) H. 3446 -- Greenville Delegation: AN ACT TO AMEND SECTION 7-7-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLLING PRECINCTS AND VOTING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACE IN PRECINCT 97 (PLINEY) FROM PLINEY GRANGE HALL TO FIVE FORKS BAPTIST CHURCH.
(R311) H. 3333 -- Reps. McLellan, Sheheen, Dangerfield, Wilkins, J. Rogers, Toal, T.C. Alexander, Edwards, J.C. Johnson, Baxley, McTeer, Kohn, Short, Wilder, G. Bailey, Felder, McElveen, Holt, Tucker, Rhoad, Hodges, T.M. Burriss, McGinnis, McAbee, Helmly, Petty, McKay, Carnell, Bennett, McCain, Foster, Boan, L. Martin, McBride, Snow, Harvin, Winstead, T. Rogers, Cork and Corning: AN ACT TO AMEND CHAPTER 19, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES OF CORPORATIONS, BY ADDING SECTION 12-19-95 SO AS TO PROVIDE A METHOD BY WHICH THE AMOUNT OF THE LICENSE FEE MUST BE MEASURED AND PROVIDE FOR THE DEFINITIONS OF "BANK", "BANK HOLDING COMPANY", "SUBSIDIARY", "ASSOCIATION", AND "SAVINGS AND LOAN HOLDING COMPANY".
At 11:30 A.M. the House resumed, the SPEAKER in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 6.
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.
Debate was resumed on Amendment No. 6, by Reps. WILKINS and McCAIN.
Rep. WILKINS moved to adjourn debate upon the amendment, which was adopted.
Reps. E. McLEOD, G. BROWN and CHAMBLEE proposed the following Amendment No. 8 (Doc. No. 1343J).
Amend the bill, as and if amended, Section 56-5-4100 as contained in SECTION 12, page 14, by adding at the end a new subsection to read:
/(F) The provisions of this section do not apply to farm-related machinery or equipment."/
Amend title to conform.
Rep. E.B. McLEOD moved to adjourn debate upon the amendment, which was adopted.
Reps. J.C. JOHNSON and BEASLEY proposed the following Amendment No. 9 (Doc. No. 1342J).
Amend the bill, as and if amended, by adding a new section to be appropriately numbered to read:
/SECTION ______. The first paragraph of Section 56-5-2990 of the 1976 Code is amended to read:
"The Department shall suspend the driver's license of any person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930 or for the violation of any other law or ordinance of this State or of any municipality of this State that prohibits any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for a period of six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, a period of one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail, a period of two years for the third offense, a period of three years for the fourth offense, and a permanent revocation of the driver's license for fifth and subsequent offenses. Only those violations which occurred within a period of five ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section."/
Renumber sections to conform.
Amend title to conform.
Rep. J.C. JOHNSON explained the amendment.
Rep. GREGORY moved to table the amendment, which was not agreed to by a division vote of 15 to 58.
Rep. LIMEHOUSE spoke against the amendment and moved to adjourn debate upon the amendment.
Rep. BEASLEY moved to table the motion, which was not agreed to by a division vote of 25 to 46.
The question then recurred to the motion to adjourn debate, which was agreed to.
Reps. BEASLEY and J.C. JOHNSON proposed the following Amendment No 10 (Doc. No. 1347J), which was adopted.
Amend the bill, as and if amended, by striking item (4) of Section 56-5-2940 as contained in SECTION 11, page 13, beginning on line 13 and inserting:
/(4) By a fine of not less than three thousand dollars and imprisonment for not less than ninety days nor more than four years, for fourth offense Imprisonment for not less than one year nor more than five years for a fourth offense or subsequent offense;/
Amend the bill further by adding a new subsection at the end of SECTION 11 to be appropriately numbered to read:
/( ) Item (5) of Section 56-5-2940 of the 1976 Code is deleted./
Renumber subsections to conform.
Amend title to conform.
Rep. BEASLEY explained the amendment.
The amendment was then adopted by a division vote of 83 to 5.
Reps. J.C. JOHNSON and TOWNSEND proposed the following Amendment No. 11 (Doc. No. 1344J).
Amend the bill, as and if amended, by adding at the end of SECTION 11, page 13, the following:
/(C) Section 56-5-2940 of the 1976 Code is amended by adding at the end:
"In addition to the penalties for persons convicted of a fourth or subsequent violation of operating a motor vehicle while under the influence of intoxicating liquor or drugs (DUI), the motor vehicle driven is declared forfeited under the terms and conditions provided herein and must be confiscated by the arresting officer or other law enforcement officer of that agency at the time of arrest, which officer shall deliver it immediately to the head of his law enforcement agency or his authorized agent.
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: (i) the use of the vehicle on the occasion of arrest was not either expressly or impliedly authorized; or (ii) 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 follows: 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. J.C. JOHNSON moved to adjourn debate upon the amendment, which was adopted.
Reps. J.C. JOHNSON and TOWNSEND proposed the following Amendment No. 12 (Doc. No. 1349J), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION _______. Section 56-1-1320 of the 1976 Code is amended by adding at the end:
"As a requirement for obtaining the provisional license, the person is required to affix to both bumpers of every motor vehicle on which he is the primary insured, a sticker provided by the Department that contains the words 'D.U.I. Offender'. The person shall pay to the Department a fee of five dollars for each sticker. The stickers shall remain affixed to each motor vehicle for so long as the person holds a provisional license. If a sticker is removed during the provisional license period, the person is no longer eligible for the provisional license and is required to return his provisional license to the Department. The Department shall promulgate those regulations necessary to enforce this provision."/
Renumber sections to conform.
Amend title to conform.
Rep. J.C. JOHNSON explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Arthur Aydlette Bailey, G. Baker Baxley Beasley Bennett Blackwell Bradley, P. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Cork Corning Dangerfield Day Fair Foxworth Gentry Harris, J. Harvin Haskins Hayes Hearn Helmly Huff Humphries Johnson, J.C. Kay Keyserling Klapman Koon Lanford Martin, L. Mattos McCain McElveen McLellan Moss Neilson Nettles Pettigrew Phillips, L. Phillips, O. Rice Rogers, T. Sharpe Sheheen Simpson Sturkie Thrailkill Townsend Wells Wilder Wilkins
Those who voted in the negative are:
Altman Bailey, K. Barfield Blanding Boan Brown, G. Brown, J. Brown, R. Burch Carnell Cole Davenport Edwards Elliott Faber Felder Ferguson Foster Gregory Harris, P. Hodges Johnson, J.W. Jones Kirsh Kohn Limehouse Lockemy Martin, D. McAbee McBride McEachin McLeod, E.B. McTeer Nesbitt Pearce Petty Rhoad Rogers, J. Rudnick Shelton Short Snow Stoddard Taylor Tucker Washington White Williams Winstead
So, the amendment was adopted.
Reps. O. PHILLIPS, MOSS, DAY and ARTHUR proposed the following Amendment No. 13 (Doc. No. 1339J), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ______. Article 21, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-2775. The driver of any vehicle violating the provisions of Section 56-5-2770(a) or (e) is guilty of a misdemeanor and upon conviction must be punished by a fine of not less than one hundred dollars nor more than two hundred dollars or imprisonment for not more than thirty days."/
Renumber sections to conform.
Amend title to conform.
Rep. O. PHILLIPS explained the amendment.
The amendment was then adopted.
Rep. KLAPMAN moved that the House convene at 11:30 A.M., Wednesday, February 3, 1988, to elect a new member to the Ethics Committee; elect a member of the House to the State Reorganization Commission; recognize the National Guard; receive the National Champion Clemson University Soccer Team; and, allow the Clemson Coach to make acceptance remarks, which was adopted.
Reps. BAXLEY, LIMEHOUSE, McELVEEN, HAYES, DAY, FELDER, HASKINS, BAKER, CLYBORNE, L. MARTIN, T. ROGERS and HUFF proposed the following Amendment No. 15 (Doc. No. 1400J), which was adopted.
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 penalties for persons convicted of a third or subsequent violation within the last five years of operating a motor vehicle while his license is canceled, suspended, or revoked (DUS), a third or subsequent violation within the last five years of operating a motor vehicle while under the influence of intoxicating liquor or drugs (DUI), or a violation of Section 56-5-2945 (Felony DUI), must have the motor vehicle they drove during this offense forfeited if the offender is the owner of record, or a resident of the household of the owner of record 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, the clerk of court shall issue a Rule to Show Cause immediately upon notification of the confiscation which must be returnable before the presiding Judge of the Judicial circuit or his designated hearing officer within ten days from the date of issuance of the Rule to Show Cause and the vehicle must be returned to the owner of record if he can show by a preponderance of the evidence that (1) the use of the vehicle was not either expressly or impliedly authorized; or (2) the owner of record did not know that the driver had no valid license. 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. LIMEHOUSE explained the amendment.
The SPEAKER granted Rep. L. PHILLIPS a leave of absence for the remainder of the day.
Rep. LIMEHOUSE continued speaking.
Reps. FERGUSON, GILBERT, FOSTER and BURCH spoke against the amendment.
Reps. BAXLEY and FELDER spoke in favor of the amendment.
The SPEAKER granted Rep. DAY a leave of absence for the remainder of the day.
Reps. GREGORY and WASHINGTON spoke against the amendment.
Rep. McELVEEN spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Arthur Bailey, G. Baker Barfield Baxley Beasley Bennett Blackwell Bradley, P. Brown, H. Brown, R. Burriss, J.H. Burriss, T.M. Chamblee Clyborne Cole Cooper Cork Dangerfield Davenport Derrick Fair Felder Foxworth Gentry Harris, J. Harris, P. Harvin Haskins Hayes Helmly Hendricks Holt Huff Humphries Johnson, J.C. Jones Klapman Koon Lanford Limehouse Lockemy Mappus Martin, L. Mattos McAbee McCain McEachin McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pettigrew Petty Phillips, O. Rice Rogers, T. Rudnick Sharpe Sheheen Simpson Sturkie Thrailkill Townsend Tucker Wells Wilkins Winstead
Those who voted in the negative are:
Aydlette Bailey, K. Brown, J. Burch Elliott Faber Ferguson Foster Gilbert Gordon Gregory Hodges Johnson, J.W. Keyserling Kirsh Lewis Martin, D. McBride Pearce Rogers, J. Shelton Short Snow Washington Whipper White Wilder
So, the amendment was adopted.
Reps. HEARN, LIMEHOUSE, RUDNICK, MOSS, NEILSON, WHITE, WELLS, J. HARRIS, T. ROGERS, L. MARTIN and STURKIE proposed the following Amendment No. 16 (Doc. No. 1365J), which was adopted.
Amend the bill, as and if amended, Section 56-5-6430 as contained in SECTION 21, page 20, by striking on line 6 /is being fed and inserting /is being fed/.
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.
Rep. CLYBORNE moved to reconsider the vote whereby Amendment No. 15, was adopted.
Rep. McELVEEN moved to table the motion to reconsider, which was agreed to.
Rep. HASKINS proposed the following Amendment No. 17 (Doc. No. 1367J), which was adopted.
Amend the bill, as and if amended, by adding a section appropriately numbered to read:
/SECTION _______. Section 56-5-2990 of the 1976 Code is amended to read:
"Section 56-5-2990. The Department shall suspend the driver's license of any person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930 or for the violation of any other law or ordinance of this State or of any municipality of this State that prohibits any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for a period of six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, a period of one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail, a period of two years for the third offense, a period of three years for the fourth offense, and a permanent revocation of the driver's license for fifth and subsequent offenses. Only those violations which occurred within a period of five years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. Any person whose license is revoked following conviction for a fifth offense as provided in this section is forever barred from being issued any license by the Department to operate a motor vehicle.
Any person whose license is suspended under the provisions of this section must be notified of suspension by the Department of Highways and Public Transportation of the requirement to be evaluated by and successfully complete an Alcohol and Drug Safety Action Program certified by the South Carolina Commission on Alcohol and Drug Abuse prior to reinstatement of the license. An assessment of the degree and kind of alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment or both must be developed based upon the assessment. Entry into and successful completion of the services, if such services are necessary, recommended in the plan of education or treatment or both developed for the applicant is a mandatory requirement of the restoration of driving privileges to the applicant. The applicant shall bear the cost of the services to be determined by the administering agency and approved by the Commission on Alcohol and Drug Abuse. The cost shall not exceed $50.00 for assessment, $100.00 for education services, and $250.00 in total for any and all services. No applicant may be denied services due to an inability to pay. The applicant shall be terminated from the Alcohol and Drug Safety Action Program no later than six months after the date of program enrollment. If the applicant has not successfully completed the services as directed by the Alcohol and Drug Safety Action Program by the end of the six-month period of enrollment, a hearing must be provided by the administering agency and if further needed by the Commission. If the applicant is unsuccessful in the Alcohol and Drug Safety Action Program the Department may restore the privilege to operate a motor vehicle upon the recommendation of the Medical Advisory Board as utilized by the Department if it determines public safety and welfare of the petitioner may not be endangered.
The Department and the Commission shall develop such procedures as are necessary for the communication of information pertaining to relicensing or otherwise. Such procedures must be consistent with the confidentiality laws of the State and the United States. Successful completion of education, treatment services, or both, for purposes of receiving a provisional driver's license as stipulated in Section 56-1-1330 may be substituted in lieu of services received under the authority of this section at the discretion of the applicant. If the driver's license of any person is suspended by authority of this section, no insurance company may refuse to issue insurance to cover the remaining members of his family, but the insurance company is not liable for any actions of the person whose license has been suspended or who has voluntarily turned his license in to the Department.
If a person whose driver's license has been permanently revoked pursuant to this section for at least five years is rehabilitated to the extent that he no longer is an unreasonable threat to the safety of himself and others, he may have his privilege to operate a motor vehicle restored by the Department. Prior to this restoration, the Department shall receive notification from the Commission that an administering agency has conducted an assessment of the degree of threat within the previous six months and found the threat to be clearly and substantially reduced from the time of initial assessment. The Department shall further ascertain that the applicant has committed no violations of the traffic and licensing laws during the time of revocation."/
Renumber sections to conform.
Amend title to conform.
Rep. HASKINS explained the amendment.
Rep. GILBERT moved to table the amendment.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Gilbert Gregory Sharpe
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Aydlette Bailey, G. Baker Barfield Baxley Beasley Bennett Blackwell Bradley, P. Brown, H. Brown, R. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Dangerfield Davenport Derrick Elliott Fair Felder Ferguson Foster Gentry Gordon Harris, J. Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.C. Jones Kirsh Koon Lanford Lewis Limehouse Lockemy Mappus Martin, L. Mattos McAbee McCain McEachin McElveen McGinnis McLellan McLeod, E.B McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, O. Rice Rudnick Sheheen Shelton Snow Sturkie Thrailkill Townsend Tucker Wells Wilder Winstead
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. E.B. McLEOD proposed the following Amendment No. 18 (Doc. No. 1366J), which was adopted.
Amend the bill, as and if amended, by adding before Section 28 an appropriately numbered section to read:
/SECTION ______. Section 56-5-5150 of the 1976 Code is amended to read:
"Section 56-5-5150. When a vehicle is towing another vehicle on a public road or highway, the towing vehicle must be attached to the towed vehicle by a safety chain, cable, or equivalent device in addition to the regular drawbar, tongue, trailer hitch, or other connection. The safety connections or attachments must be of sufficient strength to maintain connection of the towed vehicle to the pulling vehicle under all conditions while the towed vehicle is being pulled by the towing vehicle. The provisions of this section do not apply to vehicles using a hitch known as a fifth wheel and kingpin assembly or to farm equipment."/
Renumber sections to conform.
Amend title to conform.
Rep. McLEOD explained the amendment.
The amendment was then adopted.
Rep. P. BRADLEY proposed the following Amendment No. 19 (Doc. No. 1375J).
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ______. Notwithstanding any other provision of law, the South Carolina driver's license of a person convicted of a violation of Section 56-5-2945 or who pleads guilty or nolo contendere to a violation of this section, where a fatality resulted from the violation, must be permanently revoked by the Department of Highways and Public Transportation./
Renumber sections to conform.
Amend title to conform.
Rep. P. BRADLEY explained the amendment.
Rep. LIMEHOUSE spoke upon the amendment and moved to adjourn debate upon the amendment, which was adopted.
Reps. R. BROWN, McEACHIN, J. ROGERS, LIMEHOUSE and MAPPUS proposed the following Amendment No. 21 (Doc. No. 1122J), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION _____ (A) Chapter 5 of Title 56 of the 1976 Code is amended by adding:
Section 56-5-6810. 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 56-5-6820. 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 56-5-6830. 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 56-5-6840. Any person violating the provisions of this article, upon conviction for the first offense, must be fined not more than ten dollars, all or part of which may be suspended, and, upon conviction for the second or subsequent offense, must be fined twenty-five dollars, no 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 56-5-6850. 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 56-5-6860. 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."
(B) For six months after the effective date of subsection (A) only warnings may be issued for violations of Article 50, Chapter 5, Title 56, Code of Laws of South Carolina, 1976.
(C) The Chief Insurance Commissioner is directed to reduce rates on all automobile insurance policies with an effective date. After the date this Act becomes law by 5%./
Amend title to conform.
Rep. R. BROWN explained the amendment. Rep. J. ROGERS spoke in favor of the amendment. Rep. BEASLEY spoke against the amendment. Rep. R. BROWN spoke in favor of the amendment.
Rep. BEASLEY moved to table the amendment.
Rep. R. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Aydlette Bailey, G. Bailey, K. Baker Barfield Beasley Bennett Blackwell Boan Bradley, P. Brown, H. Brown, J. Burch Burriss, T.M Carnell Clyborne Cole Cooper Dangerfield Davenport Derrick Elliott Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Harris, P. Haskins Hearn Helmly Holt Huff Johnson, J.C. Johnson, J.W. Jones Kirsh Kohn Koon Lanford Limehouse Lockemy Martin, D. Martin, L McAbee McCain McElveen McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pettigrew Petty Phillips, O. Rogers, T. Sharpe Shelton Short Snow Sturkie Thrailkill Townsend Tucker Wells Winstead
Those who voted in the negative are:
Alexander, M.O. Arthur Baxley Brown, R. Burriss, M.D. Chamblee Cork Harris, J. Hayes Hendricks Hodges Humphries Keyserling Klapman Lewis Mappus Mattos McEachin McGinnis McLellan Pearce Rice Rogers, J. Rudnick Sheheen Simpson Washington Whipper White Wilder
So, the amendment was tabled.
I was inadvertently added as a co-sponsor of Amendment #21 of H. 3512. I do not wish to appear on this amendment as I am opposed to it. Please note this in the Journal.
Rep. Thomas A. Limehouse
Rep. McEACHIN proposed the following Amendment No. 22, which was tabled.
Amend the Baxley Amendment (#15), as and if amended by striking the following language on page 2, beginning on line 5: 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, the clerk of court shall issue a Rule to Show Cause immediately upon notification of the confiscation which must be returnable before the presiding judge of the judicial circuit or his designated hearing officer within ten days from the date of issuance of the Rule to Show Cause and the vehicle must be returned to the owner of record if he can show by a preponderance of the evidence that (1) the use of the vehicle was not either expressly or impliedly authorized: or (2) the owner of record did not know that the driver had no valid license. However, forfeiture of a vehicle if subordinate in priority to all valid liens.
Amend further, as and if amended, by striking on page 4, paragraph (C) /confiscated/ where it appears and substituting therefor /forfeited/.
Amend further, by adding a new subsection appropriately lettered:
/When persons are arrested pursuant to this section, a lien is created next in priority to the lien for State and county taxes upon such motor vehicle, a lien pursuant to Section 29-15-20, and to all other valid liens and the solicitor or appropriate law enforcement agency in the circuit in which the arrest occurs may attach such motor vehicle in the manner provided by law for attachments in this State./
Renumber sections to conform.
Amend title to conform.
Rep. McEACHIN explained the amendment.
Rep. L. MARTIN moved to table the amendment, which was agreed to.
Reps. CARNELL and McABEE proposed the following Amendment No. 24 (Doc. No. 1384J), which was adopted.
Amend the bill, as and if amended, in Section 56-1-720, as contained in SECTION 9, by deleting line 19 on page 11 in its entirety.
Amend title to conform.
Rep. CARNELL explained the amendment.
Reps. BEASLEY, SIMPSON and McCAIN spoke against the amendment.
Reps. McABEE and FELDER spoke in favor of the amendment.
Rep. SIMPSON moved to table the amendment, which was not agreed to.
The question then recurred to the adoption of the amendment.
Rep. SIMPSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Aydlette Bailey, G. Bailey, K. Barfield Bennett Blackwell Boan Brown, J. Burch Carnell Chamblee Cork Davenport Derrick Elliott Faber Felder Ferguson Foster Gilbert Gordon Harris, P. Hodges Holt Huff Johnson, J.W. Jones Kirsh Koon Lanford Lewis Limehouse Lockemy Martin, D. Mattos McAbee McBride McEachin McLeod, E.B. Moss Nettles Pettigrew Phillips, O. Rogers, T. Rudnick Short Sturkie Thrailkill Townsend Tucker Washington Whipper White Wilder Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Baker Baxley Beasley Bradley, P. Brown, H. Brown, R. Burriss, M.D. Burriss, T.M. Clyborne Cole Dangerfield Fair Foxworth Gentry Harris, J. Harvin Haskins Hayes Hearn Helmly Hendricks Humphries Johnson, J.C. Keyserling Klapman Kohn Mappus Martin, L. McCain McGinnis McLellan McTeer Neilson Nesbitt Petty Rice Rogers, J. Sharpe Sheheen Shelton Simpson Wells Wilkins
So, the amendment was adopted.
Rep. BLACKWELL proposed the following Amendment No. 27 (Doc. No. 1390J), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ______. Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-135. (A) Notwithstanding the provisions of Section 56-1-130, any person designated to drive a motor vehicle whose primary purpose is the extinguishment of a fire, including volunteer firemen, may have a special endorsement affixed to his driver's license which authorizes him to drive this motor vehicle.
(B) Every political subdivision of this State employing law enforcement officers must designate one officer as its safety officer. Any person desiring to drive the motor vehicle referred to in subsection (A) of this section must demonstrate his ability to exercise ordinary and reasonable control in the operation of this motor vehicle to one of these officers. The fire department, including volunteer fire departments, must submit a list of those members of its department designated to drive the motor vehicle referred to in subsection (A) of this section to the Department of Highways and Public Transportation.
(C) It is the responsibility of the agency or department who operates the motor vehicle to keep the list of designated drivers current. Any changes in the list of drivers must be reported to the Department of Highways and Public Transportation within thirty days from the change."/
Renumber sections to conform.
Amend title to conform.
Rep. BLACKWELL explained the amendment.
The amendment was then adopted.
Rep. KOHN proposed the following Amendment No. 31 (Doc. No. 1082J), which was ruled out of order.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ______. Title 56 of the 1976 Code is amended by adding:
Section 56-31-10. As used in this chapter:
(1) 'Injury' includes both the direct and indirect consequences of the injury, including loss of means of support.
(2) 'License holder' means a person who holds a license or permit from the Alcoholic Beverage Control Commission to sell alcoholic liquors and beverages, or to sell beer, ale, porter, and wine (hereinafter referred to in this chapter as beer or wine), for on- or off-premises consumption.
(3) 'Gross intoxication' means the condition of a person whose mental or physical functioning is presently substantially, visibly, and materially impaired as a result of the use of alcoholic liquors or beer or wine.
Section 56-31-20. When an injury results from the use of a motor vehicle and was a result of and caused by the gross intoxication of the person operating the motor vehicle, a person other than the grossly intoxicated person has a claim for relief for damages for that injury against the license holder and the manager of his establishment if:
(1) the license holder, his manager, or an agent or employee negligently sold or furnished alcoholic liquors or beer or wine to the grossly intoxicated person; and
(2) the consumption of that alcoholic liquors or beer or wine sold or furnished in whole or in part caused or added to the person's gross intoxication.
Section 56-31-30. The sale or furnishing of the alcoholic liquors or beer or wine to a grossly intoxicated person is considered negligent unless the defendant establishes by the greater weight of the evidence that the sale or furnishing was not negligent. Proof of good practices, including training of employees, enforcement techniques, and inquiry about the degree of intoxication of the person, is admissible as evidence that the sale or furnishing was not negligent.
Section 56-31-40. The claim for relief created by this chapter is in addition to any other statutory or common law relief.
Section 56-31-50. No license holder or the manager of his establishment may be held liable for damages resulting from the refusal to sell or furnish alcoholic liquors or beer or wine to a person who fails to show proper identification or who appears to be intoxicated.
Section 56-31-60. The provisions of this chapter apply only to acts and omissions occurring on or after the effective date of this chapter."/
Renumber sections to conform.
Amend title to conform.
Rep. KOHN explained the amendment.
Rep. HUFF raised the Point of Order that Amendment No. 31 was out of order as it was not germane to the Bill.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. STURKIE proposed the following Amendment No. 32 (Doc. No. 1410J), which was adopted.
Amend the bill, as and if amended, Section 56-5-4100 as contained in SECTION 12, by adding on page 14, line 17, after the period a new sentence to read:
/This subsection also includes the transportation of garbage or waste materials to locations for refuse in this State./
Amend title to conform.
Rep. STURKIE explained the amendment.
The amendment was then adopted.
Reps. CORNING, E. McLEOD, HEARN and R. BROWN proposed the following Amendment No. 33 (Doc. No. 1377J), which was tabled.
Amend the bill, as and if amended, by striking Section 56-5-6410(3), beginning on line 15, page 19, and inserting:
/(3) Any child four until seventeen years of age in the front seat must be secured by a safety belt provided in the motor vehicle./
Amend further, Section 56-5-6410(4), line 19, page 19, by striking /six/ and inserting /seventeen/.
Amend title to conform.
Rep. HEARN explained the amendment.
Rep. McCAIN moved to table the amendment.
Rep. HEARN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 73 to 13.
Reps. LIMEHOUSE, DAY, HASKINS, BAXLEY and HAYES proposed the following Amendment No. 34 (Doc. No. 1412J), which was adopted.
Amend the bill, as and if amended, in Section 56-5-2940(A)(2), as contained in SECTION 11, page 13, line 2, by inserting after /in/ /However, the fine imposed by this item may not be suspended in an amount less than one thousand dollars and of that amount two hundred fifty dollars must be remitted to the Victim's Compensation Fund./
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.
Reps. LIMEHOUSE, J. ROGERS, GREGORY, McABEE, CARNELL, T.M. BURRISS, CORNING, FELDER and HAYES proposed the following Amendment No. 35 (Doc. No. 1403J), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1, beginning On line 16, Page 3, and inserting:
/SECTION 1. Section 56-1-180 of the 1976 code is amended to read: "Section 56-1-180. (A) The Department department may issue a special restricted driver's license to any person who is at least fifteen sixteen years old and less than sixteen seventeen years old, who has first acquired a beginner's permit or an instruction permit and who has successfully passed such road tests or otherwise as the Department department may in its discretion prescribe, which special restricted driver's license shall be is valid and lawful only under the following conditions:
(1) All in the operation of all type vehicles, except that between the hours of six o'clock p.m. and six o'clock a.m. the holder of such the special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or more, or accompanied by the holder's parent or guardian; provided, that commencing. Commencing on the day daylight saving time goes into effect through August thirty-first, the holder of such a special restricted license need not be so accompanied prior to eight o'clock p.m. Any person 16 years of age or older holding a special restricted driver's license may operate a motor vehicle without being accompanied by a licensed adult parent, or guardian at the times required by this item, if the person is operating the vehicle to travel to and from his place of employment and he is carrying in the vehicle a dated affidavit signed by his employer indicating the name and address of his employer, the probable schedule of his employment, and the date upon which he was employed. An affidavit of employment is valid for not more than thirty days from the date of the affidavit if employment is not terminated earlier. (2) In in the operation of farm machinery and equipment, other than a passenger car, while engaged in agricultural pursuits; and
(3) In in the operation of a motor scooter or light motor-driven cycle of five-brake horsepower or less.
(B) A special restricted driver's license may be issued by the department any person who is at least fifteen years old and less than sixteen years old who has completed a driver's education training course of instruction conducted by a high school of this state in which he is enrolled or by a driver training school licensed under chapter 23 of this title who has met the other requirements of this sections."/
Amend further, Section 56-1-50, as contained in section 3, line 1, page 6, by inserting after /56-1-180/:
/,except that a special restricted driver's license may be issued to any person who is at least fifteen years of age and less than sixteen years of abe under the conditions provided in Section 56-1-180(B)/
Amend further in Section 56-1-40 of the 1976 Code, as contained in SECTION 2, page 4, line 26, by inserting after /age,/ /except that a driver's license may be issued to any person who is at least sixteen years of age who has completed a driver's education training course of instruction conducted by a high school of this state in which he is enrolled or by a driver training school licensed under chapter 23 of this title who has met the other requirements of this section;/
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. LIMEHOUSE continued speaking.
The amendment was then adopted.
Rep. FELDER proposed the following Amendment No. 36 (Doc. No. 1418J), which was adopted.
Amend the bill, as and if amended, by adding before Section 28 an appropriately numbered section to read:
/SECTION ______. Section 56-3-1230 of the 1976 Code is amended to read:
"Section 56-3-1230. License plates shall be at least six inches wide and not less than twelve inches in length and shall show in bold characters the year of registration, serial number and either the full name or the abbreviation of the name of the State and such other distinctive markings as in the judgment of the department may be deemed advisable, so as to indicate the class of the weight of the vehicle for which the license plate was issued. The plate shall be of such strength and quality that the plate shall provide a minimum service period of five years. Every five years a new license plate shall be provided by the department for issuance, except that license plates issued for vehicles in excess of twenty-four thousand pounds shall be issued annually and no revalidation sticker shall be issued for such plates, provided that license plates issued in the year 1976 shall be retained by the owner and shall continue to be valid for an additional two (2) years upon the issuance of a revalidation sticker which shall be affixed thereto.
The face of the license plate to be displayed shall be treated completely or otherwise as specified by the department with a retroreflective material which will increase the night-time visibility and legibility of the plate. The department, through its engineering and safety facilities, shall prepare the specifications which such retroreflective material shall meet.
In those years in which a metal plate is not issued, a revalidation sticker with a distinctive serial number shall be issued and affixed in the space provided on the license plate assigned to the vehicle."/
Renumber sections to conform.
Amend title to conform.
Rep. FELDER explained the amendment.
The amendment was then adopted.
Reps. WILKINS and McCAIN proposed the following Amendment No. 37 (Doc. No. 1421J), which was adopted.
Amend the report, as and if amended, by adding a new section to be appropriately numbered to read:
/SECTION _____. The 1976 Code is amended by adding:
"Section 56-1-365. Any person who forfeits bail posted for, is convicted of, or pleads guilty or nolo contendere in general session, municipal, or magistrate's court to an offense which as part of the punishment to be imposed requires that his driver's license be revoked or suspended shall surrender immediately or cause to be surrendered his driver's license to the clerk of court or magistrate upon the verdict or plea. If the defendant is not incarcerated immediately after the verdict or plea, the clerk shall issue him a certificate on a form prescribed and furnished by the Department of Highways and Public Transportation which entitles him to operate a motor vehicle for a period of twenty-four hours after the verdict or plea. This certificate must be kept in the defendant's possession while operating a motor vehicle during the twenty-four hour period, and failure to have it in his possession is punishable in the same manner as is failure to have a driver's license in possession while operating a motor vehicle.
The defendant must be notified at the time of arrest of his obligation to bring, and surrender his license, if convicted, to the court or magistrate at the time of his trial, and if he fails to produce his license after conviction, he may be fined in an amount not to exceed two hundred dollars. If the defendant fails subsequently to surrender his license to the clerk or magistrate immediately after conviction, he must be fined not less than fifty dollars nor more than two hundred dollars.
The department may collect from the clerk of court or magistrate the driver's license and ticket immediately after receipt. Along with the driver's license, the clerks and magistrates shall give the department's agents tickets, arrest warrants, and other documents or copies of them, as necessary for the department to process the revocation or suspension of the licenses. If the department does not collect the license and ticket immediately, the magistrate or clerk shall forward the license, ticket, and other documentation to the department within five days after receipt. Any clerk or magistrate who wilfully fails or neglects to forward the driver's license and ticket as required is liable to indictment and, upon conviction, must be fined not exceeding five hundred dollars.
The department shall notify the defendant of the suspension or revocation. Except as provided below, if the defendant surrendered his license to the magistrate or clerk immediately after conviction the effective date of the revocation or suspension is the date of surrender. If the magistrate or clerk wilfully fails to forward the license and ticket to the department within five days, the suspension or revocation does not commence until the department receives them. If the defendant is already under suspension for a previous offense at the time of his conviction or plea, the period of suspension for the subsequent offense runs consecutively and does not commence until the expiration of the suspension or revocation for the prior offense.
If the defendant fails to surrender his license, the suspension or revocation operates as otherwise provided by law.
If the defendant surrenders his license, upon conviction, and subsequently files a notice of appeal, the appeal shall act as a supersedeas. Upon payment of a ten dollar fee and presentment by the defendant of a certified or clocked-in copy of the notice of appeal, the department shall issue him a certificate on a form prescribed and furnished by the department which entitles him to operate a motor vehicle for a period of six months after the verdict or plea. The certificate must be kept in the defendant's possession while operating a motor vehicle during the six-month period, and failure to have it in his possession is punishable in the same manner as failure to have a driver's license in possession while operating a motor vehicle.
The provisions of this section do not apply to a violation of Section 56-5-2930."/
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The SPEAKER Pro Tempore granted Rep. KEYSERLING a leave of absence for the remainder of the day.
Rep. McABEE proposed the following Amendment No. 38 (Doc. No. 1416J), which was rejected.
Amend the bill, as and if amended, Section 56-5-4100(E) as contained in SECTION 12, page 14, by striking subsection (E) and inserting:
/(E) The provisions of this section do not apply to and do not restrict the transportation of seed cotton, poultry, livestock, or silage or other feed grain used in the feeding of poultry or livestock but do apply to the interstate transportation of turkeys."/
Renumber sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. BEASLEY moved to table the amendment, which was not agreed to.
Rep. McABEE spoke in favor of the amendment.
Reps. BEASLEY, LEWIS, GENTRY and J. HARRIS spoke against the amendment.
Rep. BOAN moved to table the amendment.
Rep. MCABEE raised the Point of Order that the motion to table was out of order as one hour had not expired since similar motion was made.
The SPEAKER Pro Tempore sustained the Point of Order.
The question then recurred to the adoption of the amendment.
Rep. BEASLEY demanded the yeas and nays, which were not ordered.
The amendment was then rejected by a division vote of 11 to 56.
Rep. WINSTEAD moved that the House do now adjourn.
Rep. BEASLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Carnell Foxworth Holt Lewis Mappus Martin, D. McAbee McTeer Phillips, O. Short Washington Whipper
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Aydlette Bailey, G. Baker Barfield Baxley Beasley Bennett Blackwell Boan Bradley, P. Brown, H. Brown, J. Brown, R. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cork Dangerfield Davenport Derrick Edwards Elliott Fair Felder Foster Gentry Harris, J. Harvin Haskins Hayes Hearn Helmly Huff Humphries Johnson, J.C. Jones Kirsh Klapman Kohn Koon Lanford Limehouse Lockemy Martin, L. Mattos McBride McCain McEachin McGinnis McLeod, E.B. Moss Neilson Nesbitt Pearce Pettigrew Petty Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Simpson Snow Sturkie Thrailkill Townsend Tucker Wells White Wilder Wilkins Winstead
So, the House refused to adjourn.
Reps. L. MARTIN, McLELLAN, SIMPSON and HENDRICKS proposed the following Amendment No. 39 (Doc. No. 1427J), which was tabled.
Amend the amendment offered by Representatives Baxley and Limehouse, Document No. 1400J, dated January 28, 1988, on page 2, line 1, by inserting after /(Felony DUI),/ /operating a motor vehicle in violation of the provisions of Chapter 9 of this title (Financial Responsibility Act)/
Amend title to conform.
Rep. L. MARTIN explained the amendment.
Rep. BEASLEY moved to table the amendment, which was agreed to.
Rep. AYDLETTE proposed the following Amendment No. 40 (Doc. No. 1434J), which was tabled.
Amend the bill, as and if amended, by striking Section 56-5-6240 of the 1976 Code and inserting:
/"Section 56-5-6240. (A) In addition to the penalties for persons convicted of a third or subsequent violation within the last five years of operating a motor vehicle while his license is canceled, suspended, or revoked (DUS), a third or subsequent violation within the last five years of operating a motor vehicle while under the influence of intoxicating liquor or drugs (DUI), or a violation of Section 56-5-2945 (Felony DUI), the person convicted must have installed in all vehicles in his household a breath-controlled ignition system to prevent the vehicle from being operated by a person under the influence. The expense for this machine must be borne by the convicted person.
(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 the arresting law enforcement agency is a part shall initiate an action in the circuit court of the county in which the vehicle was operated during the offense to accomplish this modification by giving notice to owners of record, lienholders of record, and other persons claiming an interest in the vehicle subject to modification and by giving these persons an opportunity to appear and show why the vehicle should not be modified 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 modified except as otherwise provided below. The court shall order a vehicle not to be modified 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 by the owner of record; 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 modified.
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."/
Renumber sections to conform.
Amend title to conform.
Rep. AYDLETTE explained the amendment.
The SPEAKER Pro Tempore granted Rep. McTEER a leave of absence for the remainder of the day.
Rep. AYDLETTE continued speaking.
Rep. BEASLEY moved to table the amendment, which was agreed to by a division vote of 43 to 20.
Reps. FELDER, CARNELL and McABEE proposed the following Amendment No. 41 (Doc. No. 1424J), which was tabled.
Amend the bill, as and if amended, Section 56-1-720 as contained in SECTION 9, page 11, by adding a new line immediately following line 40:
/ Careless driving 0/
Amend further, by adding an appropriately numbered section to read:
/SECTION ______. Section 56-5-1520 of the 1976 Code, as last amended by Act 189 of 1987, is further amended by adding:
"Any person who drives in excess of the speed limits established in this section but not in excess of ten miles an hour, where no property damage or personal injuries are involved, shall pay a fine of not less than fifteen dollars nor more than twenty-five dollars. This section must be considered a lesser included offense under the speeding statutes of the Code of Laws of South Carolina, 1976, including driving too fast for conditions./
Renumber sections to conform.
Amend title to conform.
Rep. FELDER was recognized.
Rep. TOWNSEND moved to reconsider the vote whereby Amendment No. 35 was adopted and the motion was noted.
Rep. FELDER explained the amendment.
Rep. SIMPSON moved to table the amendment, which was agreed to by a division vote of 38 to 23.
The motion of Rep. TOWNSEND to reconsider the vote whereby Amendment No. 35 was adopted was taken up.
Rep. TOWNSEND spoke in favor of the motion to reconsider.
Rep. BEASLEY moved to table the motion to reconsider, which was not agreed to by a division vote of 21 to 47.
The question then recurred to the motion to reconsider the vote whereby Amendment No. 35 was adopted, which was agreed to.
Rep. McGINNIS spoke against the amendment.
Rep. BEASLEY moved immediate cloture on the entire matter.
Rep. J. ARTHUR moved that the House do now adjourn.
Rep. TOWNSEND raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
The question then recurred to the motion that the House do now adjourn.
Rep. BEASLEY 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 Brown, J. Brown, R. Carnell Cole Faber Fair Felder Ferguson Foster Gilbert Gordon Helmly Kirsh Koon Lanford Mattos McAbee McEachin McGinnis Nettles Pettigrew Phillips, O. Rice Shelton Short Sturkie Taylor Tucker Wilder Wilkins
Those who voted in the negative are:
Alexander, T.C. Altman Aydlette Bailey, G. Baker Barfield Beasley Blackwell Blanding Boan Bradley, P. Brown, H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Dangerfield Davenport Edwards Elliott Foxworth Gentry Harris, J. Harvin Haskins Hayes Hearn Hendricks Huff Humphries Johnson, J.C. Jones Klapman Kohn Limehouse Lockemy Mappus Martin, D. Martin, L. McBride McCain McLellan McLeod, E.B. Moss Neilson Nesbitt Pearce Petty Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Simpson Snow Thrailkill Townsend Washington Wells Whipper Winstead
So, the House refused to adjourn.
The question then recurred to the motion to invoke immediate cloture on the entire matter, which was agreed to.
Rep. BARFIELD moved to reconsider the vote whereby Amendment No. 41 was tabled.
Rep. BEASLEY moved to table the motion, which was agreed to.
Rep. J.C. JOHNSON moved that the House do now adjourn.
Rep. McCAIN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
Reps. LIMEHOUSE and J. ROGERS spoke in favor of the amendment.
Reps. J.C. JOHNSON and SIMPSON spoke against the amendment.
Rep. LIMEHOUSE moved to adjourn debate upon the amendment.
Rep. FOSTER moved to table the amendment, which was not agreed to by a division vote of 27 to 43.
Rep. McABEE inquired whether Amendment No. 35 had previously been adopted.
The SPEAKER stated the amendment had been adopted, and then the vote whereby the amendment was adopted had been reconsidered, so that the amendment was now before the House.
Rep. McGINNIS moved to adjourn debate upon the amendment, which was adopted.
Rep. L. MARTIN proposed the following Amendment No. 42 (Doc. No. 1430J), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ______. Article 43, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-6240. When an arrest is made under the provisions of this chapter, the arresting officer must make every effort to determine prior convictions under this chapter. In no instance is sentence to be imposed on a defendant until the court is satisfied prior convictions are properly considered as a part of the sentence."/
Renumber sections to conform.
Amend title to conform.
Rep. L. MARTIN explained the amendment.
Rep. BEASLEY moved to table the amendment, which was not agreed to by a division vote of 3 to 43.
Rep. WASHINGTON raised the Point of Order that Amendment No. 42 was out of order as it was not germane to the Bill.
The SPEAKER stated it was germane to the Chapter 5 of Title 56 which the Bill amended, and he overruled the Point of Order.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. STURKIE moved that the House do now adjourn.
Rep. BAKER raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
The question then recurred to the motion that the House do now adjourn.
Rep. BAKER 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 Brown, J. Brown, R. Burriss, T.M. Chamblee Cole Faber Fair Felder Ferguson Foster Foxworth Gilbert Gordon Helmly Hendricks Johnson, J.C. Kirsh Koon Mappus Martin, L. Mattos McBride McEachin McGinnis Moss Nesbitt Nettles Pearce Pettigrew Phillips, O. Rice Rogers, T. Shelton Short Simpson Sturkie Taylor Thrailkill Tucker Washington Whipper Wilder Wilkins
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, G. Baker Barfield Beasley Blackwell Bradley, P. Brown, H. Burriss, M.D. Carnell Clyborne Davenport Edwards Elliott Gentry Harris, J. Harvin Haskins Hayes Hearn Huff Humphries Klapman Lanford Limehouse Lockemy McAbee McCain McElveen McLellan McLeod, E.B. Neilson Petty Rogers, J. Sheheen Townsend Wells
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of amendments, immediate cloture having been ordered.
The following was received.
Columbia, S.C., January 28, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has reconsidered the vote whereby it concurred in the amendments proposed by the House to S. 379:
S. 379 -- Senators Lourie, Doar and McLeod: A BILL TO AMEND SECTION 1-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO CHANGE THE DEFINITION OF "AGE"; TO AMEND SECTION 1-13-80, RELATING TO UNLAWFUL EMPLOYMENT PRACTICES AND EXCEPTIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO, AMONG OTHER THINGS, MAKE CHANGES WITH RESPECT TO AGE LEVELS DEALING WITH COMPULSORY RETIREMENT AND RELATED MATTERS, PROVIDE THAT IT IS NOT UNLAWFUL FOR AN EMPLOYER WHICH IS A GOVERNMENTAL ENTITY TO FAIL OR REFUSE TO HIRE OR TO DISCHARGE ANY INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S AGE IF THE ACTION IS TAKEN WITH RESPECT TO THE EMPLOYMENT OF AN INDIVIDUAL AS A FIREFIGHTER OR AS A LAW ENFORCEMENT OFFICER AND THE INDIVIDUAL HAS ATTAINED THE AGE OF HIRING OR RETIREMENT IN EFFECT UNDER APPLICABLE LAW ON MARCH 3, 1983, AND PURSUANT TO A BONA FIDE HIRING OR RETIREMENT PLAN THAT IS NOT A SUBTERFUGE TO EVADE THE PURPOSES OF CHAPTER 13 OF TITLE 1, AND PROVIDE THAT NOTHING IN CHAPTER 13 OF TITLE 1 RELATING TO AGE DISCRIMINATION IN EMPLOYMENT MAY BE CONSTRUED TO PROHIBIT COMPULSORY RETIREMENT OF ANY EMPLOYEE WHO HAS ATTAINED SEVENTY YEARS OF AGE AND WHO IS SERVING UNDER A CONTRACT OF UNLIMITED TENURE (OR SIMILAR ARRANGEMENT PROVIDING FOR UNLIMITED TENURE) AT AN INSTITUTION OF HIGHER EDUCATION, INCLUDING PROVIDING FOR THE REPEAL OF THIS PROVISION ON DECEMBER 31, 1993; AND TO AMEND SECTIONS 9-8-40 AND 9-8-60, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE REFERENCES TO THE ATTAINING OF AGE SEVENTY-TWO.
Very respectfully,
President
Received as information.
The Senate returned to the House with concurrence the following:
H. 3547 -- Reps. Snow, T.M. Burriss, Simpson, M. Alexander, T. Alexander, Aydlette, G. Bailey, Baker, Baxley, Beasley, Bennett, P. Bradley, J.H. Burriss, Chamblee, Dangerfield, Elliott, Gregory, Hendricks, J.C. Johnson, Mattos, Pearce, Rhoad, T. Rogers, Stoddard, Taylor, Thrailkill, Townsend and Waldrop: A CONCURRENT RESOLUTION INVITING THE NATIONAL CHAMPION CLEMSON UNIVERSITY SOCCER TEAM AND ITS COACH, I. M. IBRAHIM, TO VISIT IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 2:00 P.M. ON WEDNESDAY, FEBRUARY 3, 1988.
H. 3657 -- Reps. McBride, J. Brown, T. Rogers, Toal, Faber, Taylor, Hearn, T.M. Burriss, M.D. Burriss, Humphries and Corning: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE REVEREND DR. WILLIAM FAIR OF RICHLAND COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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.
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.
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.
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.
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.
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.
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.
At 3:55 P.M. the House in accordance with the motion of Rep. STURKIE adjourned to meet at 10:00 A.M. tomorrow.
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