Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
God of our fathers known of old and our God equally known by us today, breathe upon us the awareness of Your presence that we may fitly serve in this place. Make us fully aware of Your unlimited wisdom and unrestrained power. Spare us from the narrow view and the low horizon. Give us pure thoughts and high motives that what we here say and do may fulfill the highest and the best to advance Your purposes for mankind. As we work, keep our hearts aglow in a faith firmly fixed on Him Whose care is constant, Whose concern never ceases. Enable us to pray in the words of the Psalmist: "Lead me in Your truth, and teach me; for You are the God of my salvation; on You do I wait all the day" - Psalm 25:4.
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 Friday, the SPEAKER ordered it confirmed.
The following were received.
January 27, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representative.
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 27, 1988 regulations concerning Requirements for State Water Pollution Control Revolving Fund Loan Assistance from the S.C. Department of Health and Environmental Control.
They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.
Sincerely,
Robert J. Sheheen
January 27, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 27, 1988 regulations concerning Examination Fees and Reciprocity Certificates from the S.C. Board of Accountancy.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Robert J. Sheheen
January 28, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 28, 1988 regulations concerning Requirements for the Written Examination and Requirements for License by Endorsement from the State Board of Medical Examiners.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
January 28, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 28, 1988 regulations concerning Improper Claims Practices from the State of S.C. Department of Insurance.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Robert J. Sheheen
January 29, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 29, 1988 regulations concerning Medicaid from the State Health and Human Services Finance Commission.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
February 1, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 1, 1988 regulations concerning Medicaid from the State Health and Human Services Finance Commission.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
Rep. McABEE moved that when the House adjourns it adjourn out of memory and respect for former colleague Eugene S. Blease, which was agreed to.
Rep. SNOW moved that when the House adjourns it adjourn to meet at 11:25 A.M. tomorrow, which was agreed to.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3379 -- Rep. Hayes: A BILL TO AMEND SECTION 12-7-2240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX REFUNDS AND THE RETENTION OF REFUNDS UNDER CERTAIN CONDITIONS, SO AS TO PROVIDE THAT UPON REQUEST FROM AN EDUCATIONAL INSTITUTION, THE TAX COMMISSION SHALL SEND TO IT THE HOME ADDRESS, CORRECTED SOCIAL SECURITY NUMBER, OR ADDITIONAL SOCIAL SECURITY NUMBERS, IF MORE THAN ONE IS USED, OF ANY TAXPAYER WHOSE NAME HAS BEEN SUBMITTED TO THE COMMISSION BY THE EDUCATIONAL INSTITUTION FOR DEFAULTING ON AN EDUCATIONAL LOAN.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3405 -- Rep. Baker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1250, SO AS TO ALLOW A STATE CORPORATE INCOME TAX CREDIT FOR CORPORATE CONTRIBUTIONS FOR INFRASTRUCTURE CONSTRUCTION OR IMPROVEMENT, TO LIMIT THE CREDIT TO FIFTY PERCENT OF THE EXPENSES, NOT TO EXCEED FIFTEEN THOUSAND DOLLARS, TO ALLOW A THREE-YEAR CARRY FORWARD OF UNUSED CREDIT, AND TO DEFINE INFRASTRUCTURE AS SEWER LINES, WATER LINES, RELATED FACILITIES, AND ROADS NOT FOR THE TAXPAYER'S EXCLUSIVE BENEFIT, BUILT TO APPROPRIATE STANDARDS, AND DEDICATED TO PUBLIC USE.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3412 -- Reps. M.O. Alexander, Blackwell, L. Phillips, T.C. Alexander and Mattos: A BILL TO AMEND SECTION 12-43-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE REQUIREMENTS AND APPEAL PROCEDURES FOR PROPERTY TAX REASSESSMENTS, SO AS TO REQUIRE REASSESSMENT NOTICES TO BE MAILED TO TAXPAYERS ON OR BEFORE THE THIRD MONDAY IN JUNE OF THE REASSESSMENT YEAR AND TO REQUIRE THE NOTICE TO CONTAIN BOTH THE PRIOR MARKET VALUE, THE MARKET VALUE FOLLOWING REASSESSMENT, THE PERCENTAGE CHANGES AND LOCATION OF THE PROPERTY, AND TO REQUIRE THE TAX COMMISSION TO PRESCRIBE A STANDARD REASSESSMENT FORM DESIGNED TO PROVIDE THE REQUIRED INFORMATION IN AN EASILY UNDERSTOOD MANNER; AND TO AMEND SECTION 12-43-210, RELATING TO UNIFORM ASSESSMENTS FOR PURPOSES OF PROPERTY TAXATION, SO AS TO REQUIRE ALL REAL PROPERTY IN A COUNTY TO BE REASSESSED IN ANY REASSESSMENT PROGRAM.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 1457 -- Rep. McLellan: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE THAT BATTERIES AND CORDS FOR HEARING AIDS AS WELL AS THE HEARING AIDS ARE EXEMPT FROM THE SALES TAX.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3402 -- Reps. Wilkins, J.W. Johnson, Fair, H. Brown, Ferguson, Arthur, Tucker and Nettles: A BILL TO AMEND SECTIONS 16-1-10, AS AMENDED, 16-1-20, 16-3-210, 16-3-430, 16-3-730, 16-11-617, 16-5-10, 16-7-170, 16-9-320, 16-11-20, 16-11-125, 16-11-170, 16-11-510, 16-11-520, 16-11-560, 16-11-570, 16-13-110, 16-13-160, 16-13-180, 16-13-190, 16-13-200, 16-13-250, 16-13-260, 16-13-290, 16-13-320, 16-13-385, 16-15-130, 16-15-250, 16-17-410, 16-17-430, 16-21-10, 16-21-40, 16-21-60, 16-21-80, 16-21-130, 16-21-140, 16-23-260, 16-23-440, 17-25-20, AND 17-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES, SO AS TO REDEFINE "FELONY" AND "MISDEMEANOR", TO DESIGNATE NUMEROUS CRIMES STATUTORILY DESIGNATED "MISDEMEANORS" AS "FELONIES", TO ESTABLISH THE PENALTIES FOR CRIMES NOT STATUTORILY DESIGNATED AS FELONIES OR MISDEMEANORS, TO DELETE THE CRIMES UNNECESSARILY LISTED IN SECTION 16-1-10, TO REDUCE THE SENTENCE FOR CONVICTION OF LYNCHING IN THE FIRST DEGREE AND DUELING FROM DEATH TO NOT LESS THAN THREE MONTHS TO NOT MORE THAN THIRTY YEARS, AND TO PROVIDE THAT CONVICTIONS OF CULTIVATION OF MARIJUANA OR RECEIVING STOLEN GOODS ARE FELONIES INSTEAD OF MISDEMEANORS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-3-621 AND 16-13-16 SO AS TO DEFINE THE FELONY OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE AND THE FELONY OF GRAND LARCENY; AND TO REPEAL SECTIONS 16-1-15, 16-1-30, 16-3-30, AND 16-3-40 OF THE 1976 CODE, SECTION 6 OF ACT 168 OF 1987, AND SECTION 8 OF ACT 16 OF 1987 RELATING TO CRIMES.
Ordered for consideration tomorrow.
The following was taken up for immediate consideration:
H. 3658 -- Rep. T.M. Burriss: A HOUSE RESOLUTION TO AUTHORIZE THE AMERICAN CANCER SOCIETY TO USE THE HOUSE CHAMBER AT 10:00 A.M. ON MONDAY, MAY 30, 1988, TO CONDUCT ITS ANNUAL MEMORIAL SERVICE FOR CANCER VICTIMS.
Be it resolved by the House of Representatives of the State of South Carolina:
That the American Cancer Society is authorized to use the chamber of the House of Representatives at 10:00 a.m. on Monday, May 30, 1988, for its annual memorial service for persons who have died of cancer during the year. If the House of Representatives is in statewide session the chamber may not be used.
Be it further resolved that the State House security forces shall provide assistance and access as necessary for this meeting in accordance with applicable procedures.
The Resolution was adopted.
The following was introduced:
H. 3659 -- Reps. Washington, Mappus, Holt, Winstead, Aydlette, Foxworth, Kohn, Whipper, Dangerfield and D. Martin: A CONCURRENT RESOLUTION CONGRATULATING MR. WILLIAM "BILL" SAUNDERS ON HIS RECENT ELECTION AS PRESIDENT OF THE SOUTH CAROLINA BROADCASTING ASSOCIATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3660 -- Rep. Thrailkill: A CONCURRENT RESOLUTION TO CONGRATULATE MARTIN BRIGMAN FOR BEING HONORED AS HORRY COUNTY'S VOLUNTEER OF THE YEAR FOR 1987.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1158 -- Senator Drummond: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE MRS. THERESA HAMPTON KAMINER OF GREENWOOD COUNTY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3661 -- Reps. T.C. Alexander and McLellan: A BILL TO AMEND SECTION 7-7-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO ADD THE STAMP CREEK VOTING PRECINCT AND TO REVISE THE BOUNDARIES OF CERTAIN OTHER PRECINCTS.
Referred to Oconee Delegation.
H. 3662 -- Rep. Baker: A BILL TO AMEND SECTION 7-7-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CREATE A NEW PRECINCT TO BE NAMED POSSUM KINGDOM, TO DESIGNATE A VOTING PLACE IN THAT PRECINCT, AND TO CHANGE THE BOUNDARY OF DUNKLIN PRECINCT.
On motion of Rep. BAKER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3663 -- Reps. Moss, Felder, McAbee, Neilson, J. Rogers, O. Phillips and Carnell: A BILL TO AMEND CHAPTER 31, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVISIONS GOVERNING HORIZONTAL PROPERTY BY ADDING SECTIONS 27-31-450 AND 27-31-460 SO AS TO REQUIRE THE PERSON, BOARD, OR ENTITY IN CHARGE OF THE ADMINISTRATION OF THE REGIME TO OBTAIN THE APPROVAL OF THE UNIT OWNERS BEFORE ADOPTING A MEASURE OR POLICY THAT AFFECTS THE PROPERTY INTEREST OF A UNIT OWNER AND TO SET FORTH REQUIREMENTS FOR EXECUTING A PROXY BY A UNIT OWNER.
Referred to Committee on Labor, Commerce and Industry.
H. 3664 -- Reps. McGinnis, Nesbitt, Shelton, Cooper, Wells, L. Phillips, Simpson, Williams, K. Bailey and Townsend: A BILL TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE NOT LESS THAN THIRTY-SEVEN AND NINE-TENTHS PERCENT OF ESTIMATED ANNUAL GENERAL FUND REVENUES FOR PUBLIC EDUCATION.
Referred to Committee on Ways and Means.
H. 3665 -- Reps. R. Brown, J. Rogers, Pearce, Foxworth, Sturkie and McEachin: A BILL TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 SO AS TO AMEND THE SOUTH CAROLINA SCENIC RIVERS ACT OF 1974 SO AS TO PLACE IT IN THE TITLE RELATING TO WATER RESOURCES, TO DESIGNATE THE WATER RESOURCES COMMISSION AS THE PROGRAM MANAGEMENT AGENCY, TO DEFINE ORDINARY HIGH-WATER MARK, TO PROVIDE FOR PUBLIC MEETINGS, TO PROVIDE FOR ADVISORY COUNCILS, TO PROVIDE FOR TAX DEDUCTIONS, TO SPECIFY ADDITIONAL CONSERVATION PRACTICES, TO REQUIRE A STATEWIDE RIVER INVENTORY, AND TO REPEAL CHAPTER 5, TITLE 51 OF THE 1976 CODE RELATING TO SCENIC RIVERS.
Referred to Committee on Agriculture and Natural Resources.
H. 3666 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-43-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY FOR THE SPECIAL ASSESSMENT FOR AGRICULTURAL REAL PROPERTY UNLESS IN THE CASE OF TIMBERLAND THE TRACT IS FIVE ACRES OR MORE OR IN THE CASE OF FARMLAND, THE TRACT IS TEN ACRES OR MORE, OR IN THE CASE OF TRACTS OF LESS THAN TEN ACRES, THERE IS GROSS FARM INCOME OF AT LEAST ONE THOUSAND DOLLARS IN THREE OF THE FIVE YEARS PRECEDING THE YEAR OF APPLICATION FOR THE ASSESSMENT, TO MAKE NEW OWNERS OF LESS THAN TEN-ACRE TRACTS ELIGIBLE FOR THE SPECIAL ASSESSMENT SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATIONS, TO PROVIDE FOR THE SPECIAL ASSESSMENT FOR LAND IDLE UNDER LAND RETIREMENT PROGRAMS AND LEASE OPERATIONS, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, AND TO REQUIRE APPLICANTS TO CERTIFY THAT THE REAL ESTATE MEETS THE REQUIREMENTS, TO MAKE ELIGIBLE UNTIL 1991 PROPERTY QUALIFYING AS AGRICULTURAL REAL PROPERTY IN 1987 IF OWNERSHIP IS UNCHANGED; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL KNOWINGLY AND WILFULLY TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR SPECIAL ASSESSMENT FOR AGRICULTURAL REAL PROPERTY AND PROVIDE A PENALTY AND TO EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR THE SPECIAL ASSESSMENT BY THE PROVISIONS OF THIS ACT.
Referred to Committee on Ways and Means.
H. 3667 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-43-220, RELATING TO CLASSIFICATION OF PROPERTY FOR PURPOSES OF PROPERTY TAXATION AND THE APPLICABLE ASSESSMENT RATIOS, SO AS TO PROVIDE A FORMULA FOR DETERMINING FAIR MARKET VALUE FOR AGRICULTURAL PURPOSES FOR AGRICULTURAL REAL PROPERTY FOR TAX YEARS BEGINNING AFTER 1987 AND TO REQUIRE THE SOUTH CAROLINA TAX COMMISSION TO PROMULGATE REGULATIONS ESTABLISHING A CLASSIFICATION FOR TIMBER WETLANDS FOR PURPOSES OF PROPERTY TAXATION.
Referred to Committee on Ways and Means.
H. 3668 -- Reps. Harvin, Barfield, M.D. Burriss, Baxley, Whipper, Cole, E.B. McLeod, Fair, Haskins, McGinnis, Wells, H. Brown, Washington, Helmly, Davenport, Petty, Klapman, Moss, Lanford, O. Phillips, Humphries, J. Brown, Faber, Holt, Foxworth, Winstead, Mappus, Jones, McTeer, Sharpe, Keyserling, Sturkie, Townsend, Elliott, Altman, Kohn, D. Martin and Dangerfield: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DECLARATION OF RIGHTS, BY ADDING SECTION 24 SO AS TO PROVIDE THAT A VICTIM OF CRIME MUST, AS A MATTER OF RIGHT, BE TREATED PY AGENTS OF THE STATE WITH DIGNITY, RESPECT, AND SENSITIVITY DURING ALL PHASES OF THE CRIMINAL JUSTICE PROCESS, BY ADDING SECTION 25 SO AS TO PROVIDE THAT A VICTIM OF CRIME IS ENTITLED TO RECEIVE, FROM THE PERPETRATOR OF THE CRIME, FINANCIAL COMPENSATION FOR ANY INJURY OR LOSS CAUSED BY THE PERPETRATOR OF THE CRIME, AND SHALL RECEIVE SUCH OTHER COMPENSATION AS THE STATE MAY PROVIDE, AND BY ADDING SECTION 26 SO AS TO PROVIDE THAT BEFORE SENTENCING, A VICTIM SHALL HAVE THE RIGHT TO ADDRESS THE COURT REGARDING THE IMPACT OF CRIME WHICH THE PERPETRATOR'S CONDUCT HAS HAD UPON THE VICTIM.
Referred to Committee on Judiciary.
H. 3669 -- Reps. Sharpe, Huff and Jones: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 52-7-145, 52-7-75, AND 52-7-160 SO AS TO EXEMPT MEMBERS OF THE STATE ATHLETIC COMMISSION, ITS COMMITTEES, OFFICIALS, REFEREES, INSPECTORS, AGENTS, AND EMPLOYEES FROM LIABILITY FOR ACTS PERFORMED IN THE COURSE OF OFFICIAL DUTIES, OR FOR THE HEALTH AND SAFETY OF PARTICIPANTS AND SPECTATORS, TO PROVIDE FOR THE DENIAL OR APPROVAL OF PERMITS FOR THE HOLDING OF EVENTS WHEN THE APPLICATIONS ARE LATE, AND TO PROVIDE THAT STATE-OWNED BUILDINGS MAY BE USED FOR ATHLETIC EVENTS WHEN THE EVENTS ARE HELD UNDER THE JURISDICTION OF NATIONALLY-RECOGNIZED ORGANIZATIONS OR APPROVED BY THEM AND THE STATE ATHLETIC COMMISSION.
Referred to Committee on Labor, Commerce and Industry.
H. 3670 -- Reps. McLellan, Toal and Kirsh: A BILL TO AMEND ARTICLE 9, CHAPTER 9, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROJECTING AND FORECASTING STATE REVENUES AND EXPENDITURES, BY ADDING SECTION 11-9-825 SO AS TO AUTHORIZE THE BOARD OF ECONOMIC ADVISORS TO ESTABLISH AN ADVISORY BOARD; TO AMEND SECTION 11-9-820, RELATING TO THE MEMBERSHIP OF THE BOARD, SO AS TO ENLARGE AND CHANGE THE COMPOSITION OF THE BOARD AND PROVIDE FOR STAFFING, ADMINISTRATIVE, AND LOGISTICAL SUPPORT BY THE DIRECTOR OF RESEARCH AND STATISTICAL SERVICES DIVISION OF THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 11-9-830, RELATING TO THE DUTIES OF THE BOARD, SO AS TO REQUIRE THE BOARD TO CERTIFY THE REVENUE PROJECTIONS USED AT EACH STAGE OF THE APPROPRIATIONS PROCESS.
Referred to Committee on Ways and Means.
H. 3671 -- Reps. Harvin, M.D. Burriss, Aydlette, Baker, Baxley, P. Bradley, G. Brown, H. Brown, J.H. Burriss, T.M. Burriss, Chamblee, Clyborne, Cork, Davenport, Day, Derrick, Foxworth, Haskins, Hearn, Holt, Humphries, Kay, Kirsh, Kohn, Koon, Lanford, Limehouse, Mappus, McAbee, McCain, McGinnis, McTeer, Moss, Neilson, Pettigrew, Petty, O. Phillips, Sharpe, Sturkie, Townsend, Wells and Winstead: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-80 SO AS TO PROVIDE FOR THE HOME PROTECTION BILL OF RIGHTS.
Referred to Committee on Labor, Commerce and Industry.
H. 3672 -- Reps. Hearn, Day, Cork, Moss, Toal, Corning, Humphries and Wells: A BILL TO AMEND SECTIONS 56-3-1965 AND 56-3-1970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKING PRIVILEGES FOR THE HANDICAPPED, SO AS TO REQUIRE COUNTIES AND STATE ENTITIES HAVING MARKED PARKING SPACES TO DESIGNATE SPACES FOR HANDICAPPED PERSONS AND TO MAKE IT UNLAWFUL FOR PERSONS WHO ARE NOT HANDICAPPED TO PARK IN PARKING SPACES ON PRIVATE PROPERTY WHICH ARE DESIGNATED FOR PARKING BY HANDICAPPED PERSONS.
Referred to Committee on Education and Public Works.
H. 3673 -- Reps. Harvin, E.B. McLeod, McCain, Bennett, K. Bailey and Felder: A BILL TO AMEND TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, BY ADDING CHAPTER 12 SO AS TO CREATE THE LAKE MARION DEVELOPMENT AUTHORITY AND PROVIDE FOR ITS POWERS AND DUTIES.
Rep. HARVIN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KLAPMAN objected.
Referred to Committee on Agriculture and Natural Resources.
H. 3674 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 33-55-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTIONS 38-73-457, 38-77-112, AND 38-77-280, ALL AS AMENDED, RELATING TO THE CIVIL LIABILITY OF A LICENSED HEALTH CARE PROVIDER, THE REQUIREMENT OF EVERY AUTOMOBILE INSURER AND RATING ORGANIZATION TO FILE ANNUALLY A BASE RATE WITH THE CHIEF INSURANCE COMMISSIONER, NO AUTOMOBILE INSURER IS REQUIRED TO WRITE COVERAGE FOR AUTOMOBILE INSURANCE FOR ANY APPLICANT OR EXISTING POLICYHOLDER WHO DOES NOT POSSESS A VALID SOUTH CAROLINA DRIVER'S LICENSE, THE AUTHORITY OF AUTOMOBILE INSURERS TO REFUSE TO WRITE AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE FOR ANY APPLICANT OR EXISTING POLICYHOLDER WHERE ONE OR MORE OF THE CONDITIONS OR FACTORS PRESCRIBED IN SECTION 38-73-455 EXIST, SO AS TO MAKE TECHNICAL INTERNAL CORRECTIONS TO REFERENCES; SECTION 38-7-180, RELATING TO THE FILING WITH THE CHIEF INSURANCE COMMISSIONER REQUESTING A CHANGE IN RATES SOLELY TO REFLECT CHANGES IN TAX LIABILITIES, SO AS TO AUTHORIZE AN INSURANCE COMPANY WHICH INSURES ONLY CHURCHES AND ITS PROPERTY FROM TAXES LEVIED ON INSURANCE COMPANIES UNDER VARIOUS PROVISIONS AND TO DELETE REFERENCES TO THE AUTHORITY OF THE COMMISSION TO ADJUST THE PREMIUM RATES CHARGEABLE ON CERTAIN POLICIES; SECTION 38-77-10, AS AMENDED, RELATING TO THE DECLARATION OF PURPOSE FOR THE REFORM OF AUTOMOBILE INSURANCE AND INSURANCE PRACTICES, SO AS TO DELETE THE REQUIREMENT THAT THE INSURANCE COMMISSION APPROVE A TERRITORIAL CLASSIFICATION PLAN PROMULGATED BY THE CHIEF INSURANCE COMMISSIONER AND TO MAKE CORRECTIONS REGARDING REFERENCES; SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS USED REGARDING AUTOMOBILE INSURANCE, SO AS TO MAKE A TECHNICAL CORRECTION; SECTION 38-77-270, AS AMENDED, RELATING TO LIABILITY INSURANCE TO PROVIDE MINIMUM LIABILITY AND UNINSURED MOTORIST COVERAGE, SO AS TO DELETE ALL REFERENCES TO THIS COVERAGE AND OTHER REFERENCES REGARDING COVERAGE IN EXCESS OF CERTAIN CODE PROVISIONS AND REWORD THE PROVISION DEALING WITH LICENSED ART CARE AND TREATMENT; AND TO REPEAL SECTION 38-5-180, RELATING TO THE EXEMPTION OF AN INSUROR OF CHURCHES FROM CERTAIN TAXES LEVIED ON INSURANCE COMPANIES.
Referred to Committee on Labor, Commerce and Industry.
H. 3675 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO REQUIRE MEMBERS OF THE HOUSE AND SENATE TO BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS, TO REQUIRE REAPPORTIONMENT OF THESE ELECTION DISTRICTS EVERY TEN YEARS, TO PROVIDE THAT THE AGE REQUIREMENTS OF SENATORS AND REPRESENTATIVES AS CONTAINED IN THE CONSTITUTION ARE AS OF THE TIME THEIR TERM OF OFFICE BEGINS, TO PROVIDE THAT THE MEMBERS OF THE GENERAL ASSEMBLY SHALL RECEIVE AN ANNUAL SALARY AND ALLOWANCES AS PRESCRIBED BY LAW AND THAT ADDITIONAL SALARY AND ALLOWANCES MAY BE PROVIDED FOR SPECIAL SESSIONS, TO PROVIDE THAT EACH HOUSE OF THE GENERAL ASSEMBLY SHALL NOT JUDGE THOSE QUALIFICATIONS OF ITS OWN MEMBERS WHICH ARE SET OUT IN THE CONSTITUTION, TO DELETE THE IMMUNITY OF THE MEMBERS OF THE GENERAL ASSEMBLY FROM CIVIL PROCESS OR CRIMINAL ARREST FOR CERTAIN OFFENSES DURING THEIR ATTENDANCE AT THE GENERAL ASSEMBLY, TO AUTHORIZE EITHER HOUSE TO PROVIDE BY RULE FOR THE SECOND READING OF BILLS AND JOINT RESOLUTIONS "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES THEREOF TO EACH MEMBER, TO REQUIRE A ROLL CALL VOTE IN ALL ELECTIONS BY THE GENERAL ASSEMBLY OR EITHER HOUSE THEREOF EXCEPT UPON UNANIMOUS CONSENT TO DISPENSE WITH THE ROLL CALL, TO REQUIRE THE PROCEEDINGS OF EACH HOUSE TO BE PUBLIC EXCEPT WHEN TWO-THIRDS OF THE MEMBERS PRESENT IN EITHER HOUSE VOTE TO HAVE A CLOSED SESSION, TO PROVIDE THAT ANY VACANCY IN THE GENERAL ASSEMBLY WHERE THE UNEXPIRED TERM IS LESS THAN ONE YEAR MAY BE FILLED AS PROVIDED BY GENERAL LAW, TO DELETE LANGUAGE PROHIBITING THE MARRIAGE OF PERSONS OF A CERTAIN RACE AND LANGUAGE RELATING TO UNMARRIED WOMEN UNDER A CERTAIN AGE CONSENTING TO SEXUAL INTERCOURSE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE CODIFICATION OF THE LAWS OF THIS STATE AND FOR KEEPING THE CODIFICATION UP TO DATE.
Referred to Committee on Judiciary.
H. 3676 -- Reps. Thrailkill, Aydlette, Sturkie, Blackwell, Jones, Sharpe, Gregory, Barfield, Keyserling, Holt, Kay, Altman, Chamblee, Humphries, Elliott, McBride, Waldrop, Whipper, Pearce, McGinnis, Wells, Pettigrew and Clyborne: A BILL TO AMEND SECTION 12-37-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO INCREASE THE EXEMPTION FROM THE FIRST TWENTY THOUSAND DOLLARS TO THE FIRST TWENTY-FIVE THOUSAND DOLLARS BEGINNING WITH THE 1988 TAX YEAR.
Referred to Committee on Ways and Means.
H. 3677 -- Reps. Klapman, Sturkie, Sharpe and Derrick: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 SO AS TO CREATE THE MIDLANDS TECHNICAL COLLEGE COMMISSION, TO DEFINE THE FUNCTIONS, POWERS, AND DUTIES OF THE COMMISSION, TO PROVIDE FOR THE TRANSFER OF ASSETS AND LIABILITIES AND THE CONTINUED OPERATION OF MIDLANDS TECHNICAL COLLEGE, AND TO REPEAL ARTICLE 19, CHAPTER 53, TITLE 59 OF THE 1976 CODE, RELATING TO THE RICHLAND-LEXINGTON COUNTIES COMMISSION FOR TECHNICAL EDUCATION.
Referred to Committee on Education and Public Works.
S. 1068 -- Senator Powell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-2615 SO AS TO MAKE LAKE SECESSION IN ABBEVILLE COUNTY A WILDLIFE SANCTUARY AND TO PROVIDE PENALTIES.
On motion of Rep. KAY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1075 -- Judiciary Committee: A BILL TO AMEND SECTION 5-15-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESPONSIBILITY OF A MUNICIPAL GOVERNING BODY TO ESTABLISH BY ORDINANCE TIME REQUIREMENTS FOR NOMINATIONS, PRIMARIES, AND CONVENTIONS AND THE PERCENTAGE REQUIRED FOR NOMINATING PETITIONS, SO AS TO REQUIRE ALL NOMINATING PETITIONS TO CONTAIN NO LESS THAN FIVE PERCENT OF THE QUALIFIED ELECTORS OF THE GEOGRAPHICAL AREA OF THE OFFICE FOR WHICH HE OFFERS AS A CANDIDATE INSTEAD OF AUTHORIZING THE GOVERNING BODY TO DETERMINE THE PERCENTAGE OF THE PETITION, WITHIN CERTAIN LIMITS, WHICH MUST BE QUALIFIED ELECTORS OF THE MUNICIPALITY; AND TO AMEND SECTION 5-15-110, RELATING TO THE REQUIREMENT THAT A NOMINATING PETITION BE FILED WITH THE MUNICIPAL ELECTION COMMISSION IN MUNICIPAL, SPECIAL, OR PARTISAN GENERAL ELECTIONS, SO AS TO REQUIRE THE PETITION TO CONTAIN NO LESS THAN FIVE PERCENT OF THE QUALIFIED ELECTORS OF THE GEOGRAPHICAL AREA OF THE OFFICE FOR WHICH THE CANDIDATE OFFERS INSTEAD OF THE MUNICIPALITY.
Referred to Committee on Judiciary.
S. 1106 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS - EDISTO RIVER, DESIGNATED AS REGULATION DOCUMENT NUMBER 859, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture and Natural Resources.
The following was introduced:
H. 3678 -- Rep. J. Bradley: A CONCURRENT RESOLUTION TO INVITE THE PRESIDENT AND MRS. RONALD W. REAGAN TO ATTEND THE BALL TO BE HELD IN CHARLESTON ON MAY 21, 1988, IN CELEBRATION OF THE BICENTENNIAL OF THE RATIFICATION OF THE UNITED STATES CONSTITUTION BY THE STATE OF SOUTH CAROLINA, AND TO INVITE PRESIDENT REAGAN TO ADDRESS THE JOINT SESSION OF THE SOUTH CAROLINA GENERAL ASSEMBLY WHICH WILL ASSEMBLE IN THE OLD EXCHANGE BUILDING IN CHARLESTON ON MAY 23, 1988, FOR THE PURPOSE OF MEMORIALIZING SOUTH CAROLINA'S RATIFICATION OF THE CONSTITUTION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
Rep. FERGUSON, with unanimous consent, presented a Resolution to singer Maurice Williams of the beach music band "Maurice Williams and the Zodiacs."
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, J. Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Corning Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Felder Ferguson Foster Foxworth Gentry Gordon Gregory Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn 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. 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 February 2, 1988.
Philip T. Bradley Thomas N. Rhoad Larry Koon
STATEMENT RE ATTENDANCE
I was not present during the Session but arrived in time to attend the Committee meetings on February 2, 1988.
The SPEAKER granted Rep. CORK a leave of absence for the week.
The SPEAKER granted Rep. GILBERT a leave of absence for the day.
The SPEAKER granted Rep. COLE a leave of absence due to a death in the family.
Announcement was made that Dr. E. Conyers O'Brian is the Doctor of the Day for the General Assembly.
Rep. WASHINGTON, with unanimous consent, made a statement relative to a Report from the Human Affairs Commission.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3638 -- Rep. McAbee: A BILL TO PROVIDE FULL MAGISTERIAL POWERS TO THE SPECIAL MAGISTRATE IN MCCORMICK COUNTY.
H. 3332 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-71-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURER'S RIGHT OF SUBROGATION IN POLICIES OF ACCIDENT AND HEALTH INSURANCE, SO AS TO ALLOW THE CHIEF INSURANCE COMMISSIONER TO DISALLOW SUBROGATION IF, AFTER PETITION BY THE INSURED, HE DETERMINES THE SUBROGATION TO BE INEQUITABLE; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-335 SO AS TO PROHIBIT THE WRITING OF INDIVIDUAL OR FAMILY ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES WHICH ALLOW THE INSURER TO CANCEL THE POLICY ON A DATE OTHER THAN THE ANNIVERSARY OR PREMIUM DUE DATE AND POLICIES WHICH ARE OPTIONALLY RENEWABLE AND TO REQUIRE THIRTY-ONE DAYS' WRITTEN NOTICE OF NONRENEWAL; TO AMEND SECTION 38-71-340, RELATING TO MANDATORY PROVISIONS IN ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO REVISE THE REQUIRED PROVISIONS; TO AMEND SECTION 38-71-370, RELATING TO OPTIONAL PROVISIONS IN LIFE INSURANCE POLICIES, SO AS TO REVISE THE REQUIRED PROVISIONS; TO AMEND SECTION 38-71-610, RELATING TO NOTICE OF PREMIUMS DUE FOR ACCIDENT OR HEALTH INSURANCE POLICIES, SO AS TO REVISE A TERM; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-735 SO AS TO PROVIDE MANDATORY PROVISIONS FOR GROUP ACCIDENT, GROUP HEALTH, OR GROUP ACCIDENT AND HEALTH INSURANCE POLICIES; TO AMEND SECTION 38-71-810, RELATING TO READJUSTMENT OF PREMIUMS FOR GROUP ACCIDENT, GROUP HEALTH, OR GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO CLARIFY TERMS; TO AMEND SECTION 38-71-1010, RELATING TO THE DEFINITION OF BLANKET ACCIDENT AND HEALTH INSURANCE, SO AS TO EXPAND THE DEFINITION; TO AMEND SECTION 38-71-1110, RELATING TO THE DEFINITION OF ACCIDENT AND HEALTH INSURANCE IN A FRANCHISE PLAN, SO AS TO REVISE THE DEFINITION; TO AMEND SECTIONS 38-55-50 AND 38-71-200, RELATING TO THE PROHIBITION ON DISCRIMINATION BETWEEN INSUREDS OF THE SAME CLASS OR HAZARD, SO AS TO ALLOW STATUTORY EXCEPTIONS; TO AMEND SECTION 38-57-190, RELATING TO TYPES OF INSURANCE EXEMPT FROM RESTRICTIONS ON PREFERENCES, SO AS TO REVISE THE EXEMPT CATEGORIES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-55-180 SO AS TO PROVIDE FOR THE SAFEGUARDING OF PREMIUMS OF INDUSTRIAL INSURANCE; AND TO REPEAL SECTIONS 38-71-130, 38-71-180, 38-71-380, 38-71-390, 38-71-400, 38-71-820, AND ARTICLE 7, CHAPTER 71 RELATING TO ACCIDENT AND HEALTH INSURANCE.
S. 542 -- Senator Williams: A BILL TO AMEND SECTION 8-11-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SICK AND ANNUAL LEAVE IN CONJUNCTION WITH WORKERS' COMPENSATION, SO AS TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE AN EMPLOYEE ELECTS ANY LEAVE OPTION.
Rep. L. MARTIN explained the Bill.
S. 548 -- Senators Lourie, Land and J. Verne Smith: A BILL TO AMEND SECTION 42-9-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE PROVISION THAT TRUSTEES MAY ADMINISTER LUMP-SUM SETTLEMENTS, SO AS TO DELETE AN OBSOLETE REFERENCE TO THE LUMP-SUM STATUTE AND REPLACE IT WITH THE CORRECT REFERENCE.
Rep. L. MARTIN explained the Bill.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
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.
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.
Debate was resumed on the following Bill, the pending the question being the consideration of Amendment No. 3, Rep. HASKINS having the floor.
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.
Rep. HASKINS relinquished the floor.
Rep. TOWNSEND moved to adjourn debate upon the Bill until Tuesday, February 9, which was adopted.
Rep. CARNELL moved to adjourn debate upon the following Bill until Tuesday, February 9, 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 GROUP 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.
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 Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0654J).
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Section 7-13-40 of the 1976 Code is amended to read:
"Section 7-13-40. (A) In the event that a party shall nominate nominates candidates by party primary election, a party primary election shall must be held by such the party and conducted by the State Election Commission and the respective county election commissions on the second Tuesday in June of each general election year and a second and third primary election each two weeks successively thereafter, if necessary. The entries for those wishing to offer for nomination in such the party primary for a statewide, congressional, or district office which includes more than one county shall open at noon on April sixteenth and close at noon on April thirtieth and the entries for those wishing to offer for nomination in such the party primary for State state Senator senator, member of the House of Representatives, or a countywide or less than countywide office shall open at noon on March sixteenth and close at noon on March thirtieth. If, after the closing of the time for filing pledges, there be are not more than two candidates for any one office and one or more of such the candidates dies die or withdrawn withdraw, the state or county committee, as the case may be, may, in its discretion, afford opportunity for the entry of other candidates for the office involved;. provided, that for For the office of State state Senator senator, the discretion shall must be exercised by the state committee. Certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on May first or, if May first falls on a Sunday, not later than twelve o'clock noon on the following Monday.
(B) The filing fees for candidates whose names are on ballots to be voted on in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting the primaries and must be used for that purpose. The filing fee for each office is two percent of the annual salary for that office or one hundred dollars, whichever amount is greater."/
Amend further by striking SECTION 11 and inserting:
/SECTION 11. Section 7-17-520 of the 1976 Code is amended to read:
"Section 7-17-520. The protests and contests in the case of county officers, and less than county officers and members of the State House of Representatives shall must be filed in writing by any candidate with the chairman of the county party executive committee for the political party primary in which he was a candidate, together with a copy for each candidate in the race not later than noon Monday following the day of the declaration by the county committee board of canvassers for primaries of the result of the election.
Provided, however, that service Service may be perfected by depositing with the county sheriff one copy of the protest for the chairman to be served by him, together with a sufficient number of copies to be served upon all candidates in the protested or contested race. The sheriff shall take immediate steps to deliver such the copies to the chairman. The protest shall contain each ground thereof of protest concisely stated separately. The chairman shall forthwith serve upon each candidate in the protested race a copy of the protest, and serve a notice of the time and place of the meeting of the executive committee for the purpose of hearing the protest."/
Amend further by striking SECTION 12 and inserting:
/SECTION 12. Section 7-17-530 of the 1976 Code is amended to read:
"Section 7-17-530. The county party executive committee shall hear the protest or contest on Thursday following the deadline for filing same. Testimony at the hearing of the protest shall must be limited to the grounds stated in the written protest.
The protestant and each other candidate in the protested race shall have the right to be present at the hearing set by the committee, to be represented by counsel, to examine and cross-examine witnesses, and to produce evidence relevant to the grounds of protest.
The chairman of the county party executive committee shall provide and conduct the hearing as nearly as possible in accordance with the procedures and rules of evidence observed by the circuit courts of this State. The chairman shall have has authority to administer oaths and subpoena witnesses. Upon the conclusion of the hearing on the protests the county party executive committee shall determine all issues by majority vote and forthwith certify the results of the election.
The county party executive committee shall remain in session until a conclusion has been reached. All candidates in the protested or contested race and the chairman of the State executive committee and the executive director of the State Election Commission shall must be immediately notified of the decision."/
Amend further by striking SECTION 13 and inserting:
/SECTION 13. Section 7-17-540 of the 1976 Code is amended to read:
"Section 7-17-540. The decision of the county party executive committee may be appealed to the State state party executive committee by any candidate adversely affected thereby by the decision. Notice of such the appeal and the grounds thereof of the appeal shall must be made not later than three o'clock P.M., Friday noon Monday next following such the decision by serving such the notice on the chairman of the State state party executive committee.
Provided, that service Service may be perfected by depositing at the office of the Chief of the State Law-Enforcement Law Enforcement Division a copy of the notice and grounds of appeal. A sufficient number of copies to be served upon all candidates in the protested race shall must also be delivered to the county sheriff. Such These officers shall take all steps necessary to deliver the notices to the respective parties."/
Amend further by striking SECTION 14 and inserting:
/SECTION 14. Section 7-17-550 of the 1976 Code is amended to read:
"Section 7-17-550. The State state party executive committee shall meet in Columbia not later than twelve noon, Saturday Wednesday next following the filing of any notice perfected under Section 7-17-540, for the purpose of hearing appeals. The appellant and each all other candidate candidates in the protested race shall have the right to be present at such the hearing, to be represented by counsel, and to be heard on the merits of the appeal. The State state party executive committee shall be is bound by the facts as determined by the county party executive committee. Provided, however, that if If in the opinion of at least eighteen a majority of the members of the State state party executive committee such the facts should be reviewed, then a hearing de novo shall must be held by the State state party executive committee. In the event of such this review, the State state party executive committee may receive any new evidence or exhibits as it. shall in its discretion, deem considers necessary to determine the appeal. The State state party executive committee shall remain in session until all such appeals have been disposed of."/
Amend further by striking SECTION 15 and inserting:
/SECTION 15. Section 7-17-560 of the 1976 Code is amended to read:
"Section 7-17-560. The State state party executive committee shall meet in Columbia at such a place as may be designated by the chairman to hear and decide protests and contests that may arise in the case of Federal federal officers, State state officers, and officers involving more than one county. Any such protest or contest shall must be filed in writing by any candidate for the political party primary in which he was a candidate with the chairman of the state party executive committee, together with a copy for each candidate in the race, not later than noon on Monday of the fifth day following the canvassing of the votes for such these officers by the committee; Board of State Canvassers. provided, however, that service Service upon the chairman may be perfected by depositing at the office of the Chief of the State Law-Enforcement Law Enforcement Division a copy of the protest, together with a copy for each candidate in the race. The Chief shall take immediate steps to deliver such the copies to the chairman. The protest shall contain each ground thereof of protest concisely stated separately. The chairman of the state party executive committee shall forthwith serve upon each candidate in the protested race a copy of the protest and serve a notice of the time and place of the meeting of the committee for the purposes of hearing the protest."/
Amend further by striking SECTION 16 and inserting:
/SECTION 16. Section 7-17-570 of the 1976 Code is amended to read:
"Section 7-17-570. The state party executive committee shall hear the protest or contest on Thursday not earlier than the fifth nor later than the tenth day following the deadline for filing the same receipt of the protest. Testimony at the hearing shall be is limited to the grounds stated in the written protest.
The protestant and each all other candidate candidates in the protested race shall have the right to be present at the hearing, to be represented by counsel, to examine and cross-examine witnesses, and to produce evidence relevant to the grounds of the protest. The chairman of the state party executive committee shall provide for and conduct the hearing as nearly as possible in accordance with the procedures and rules of evidence observed by the circuit courts of this State. The chairman shall have has authority to administer oaths and subpoena witnesses. Upon the conclusion of the hearing of the protest the state party executive committee shall determine all issues by majority vote and forthwith certify the results of the election.
The state party executive committee shall remain in session until a conclusion has been reached. All candidates in the protested or contested race shall must be immediately notified of the state party executive committee's decision."/
Amend title to conform.
Rep. WILKINS explained the amendment and moved to adjourn debate upon the Bill until Tuesday, February 9, which was adopted.
Rep. T. ROGERS moved to adjourn debate upon the following Bill until Thursday, February 4, which was adopted.
S. 59 -- Senator Pope: A BILL TO AMEND SECTIONS 17-3-30 AND 17-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFENSE OF INDIGENTS, SO AS TO PROVIDE THAT AN INDIGENT ORDERED BY THE COURT TO PAY HIS ASSETS TO THE STATE FOR THE PURPOSE OF HIS REPRESENTATION SHALL PAY THESE ASSETS TO THE DEFENDER CORPORATION, IF ONE EXISTS, OF THE COUNTY WHEREIN HE IS BEING REPRESENTED, AND IF ONE DOES NOT EXIST THEN TO THE JUDICIAL DEPARTMENT OF THE STATE AS IS NOW PROVIDED BY LAW.
The following Bill was taken up.
H. 3394 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, BY ADDING SECTION 38-75-385 SO AS TO PROVIDE IMMUNITY FOR ANY PRIVATE INSURER WHO IS A MEMBER OF THE SOUTH CAROLINA WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, AGENT, EMPLOYEE, ANY MEMBER OF THE BOARD OF DIRECTORS, OR THE COMMISSIONER OR HIS REPRESENTATIVES FOR ANY ACT OR OMISSION IN THE PERFORMANCE OF HIS POWERS OR DUTIES UNDER THE PROVISIONS OF THIS ARTICLE; AND TO AMEND SECTION 38-75-310, RELATING TO DEFINITIONS USED REGARDING WINDSTORM AND HAIL INSURANCE, SO AS TO REDEFINE "COASTAL AREA" AND EXTEND AREAS COVERED UNDER THE DEFINITION.
Rep. MAPPUS proposed the following Amendment No. 1 (Doc. No. 1302J), which was tabled.
Amend the bill, as and if amended, in Section 38-75-310(5) of the 1976 Code, as contained in SECTION 2, page 2, lines 6 through 16, by striking items (a) through (c) and inserting:
/(a) all areas in Beaufort County and Colleton County which are east of the west bank of the intracoastal waterway;
(b) the following areas in Georgetown County; Cedar Island DeBordieu Beach Litchfield Beach South Island, Pawley's Island, Retreat Beach, North Island, Magnolia Beach, and Garden City;
(c) all areas in Horry County east of a line paralleling and lying one hundred fifty feet east of U.S. Highway No. 17 (Kings Highway);
(d) the following areas in Charleston County; Edingsville Beach, Kiawah Island, Botany Bay Island, Folly Island, Seabrook Island, Morris Island, and all areas north of the city of Charleston which are east of the west bank of the intracoastal waterway./
Amend title to conform.
Rep. MAPPUS explained the amendment.
Rep. J. BRADLEY spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 48 to 14.
Reps. MAPPUS, CORNING and HUMPHRIES then objected to the Bill.
Rep. BLACKWELL moved to waive Rule 6.1, which was agreed to.
The following Bill was taken up.
S. 547 -- Senators Lourie, Land and J. Verne Smith: A BILL TO AMEND SECTION 42-9-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND THE MANNER IN WHICH THE EMPLOYER OR THE INSURANCE CARRIER MUST BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO PROVIDE THAT ANY EMPLOYER OPERATING IN VIOLATION OF SECTION 42-1-310 IS NOT ELIGIBLE FOR REIMBURSEMENT FROM THE SECOND INJURY FUND.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, January 21, by the Committee on Labor, Commerce and Industry.
Rep. L. MARTIN explained the amendment.
The amendment was then adopted.
Rep. L. MARTIN explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2541 -- Reps. J.C. Johnson, McAbee, Townsend, Tucker, Kay, Carnell, Toal and Cooper: A BILL TO AMEND SECTION 16-13-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN CERTAIN RENTED OBJECTS CONSTITUTING LARCENY, SO AS TO PROVIDE THAT A FIRST OFFENSE VIOLATION OF THIS SECTION INVOLVING VIDEO OR CASSETTE TAPES WHERE THE DOLLAR AMOUNT OF THE RENTAL CONTRACT IS TWO HUNDRED DOLLARS OR LESS IS CONSIDERED PETIT LARCENY AND TRIABLE AND PUNISHABLE AS SUCH.
Rep. WILKINS explained the Bill.
Rep. WILKINS continued speaking.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Bill, Rep. WILKINS having the floor.
The SPEAKER granted Rep. GENTRY a leave of absence for the remainder of the day.
Debate was resumed on the following Bill, the pending question being the consideration of amendments, immediate cloture having been invoked.
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.
Rep. E.B. McLEOD proposed the following Amendment No. 43 (Doc. No. 1420J), which was tabled.
Amend the bill, as and if amended, by adding before Section 28 an appropriately numbered section to read:
/SECTION ______. Section 56-5-1210 of the 1976 Code is amended to read:
"Section 56-5-1210. The driver of any a vehicle involved in an accident resulting in injury to or the death of any a person shall immediately shall stop such the vehicle at the scene of such the accident or as close thereto to the accident as possible, but shall then forthwith and return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 56-5-1230. Every such The stop shall be made without obstructing not obstruct traffic more than is necessary. Any A person failing to stop or to comply with such these requirements under such circumstances shall:
(1) in an accident resulting in a minor injury as determined by the court. upon conviction, must be punished by imprisonment imprisoned for not less than thirty days nor more than one year or by a fine of fined not less than one hundred dollars nor more than five thousand dollars, or by both such fine and imprisonment;
(2) in an accident resulting in great bodily injury, upon conviction, must be fined not less than five thousand dollars nor more than ten thousand dollars and imprisoned for not less than thirty days nor more than ten years;
(3) in an accident resulting in death, upon conviction, must be fined not less than ten thousand dollars nor more than twenty-five thousand dollars or imprisoned for not less than one year or more than twenty-five years.
The sentences imposed under (2) and (3) are mandatory and no part may be suspended, nor may probation be granted.
As used in this section 'great bodily injury' means bodily injury which creates a substantial risk of death, or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
The Department department shall revoke the driver's license of the person so convicted.
Points assigned for this violation shall be the same as hit and run, as provided in Section 56-1-720."/
Renumber sections to conform.
Amend title to conform.
Rep. E.B. McLEOD explained the amendment.
Rep. BEASLEY spoke against the amendment and moved to table the amendment, which was agreed to.
Reps. GILBERT, R. BROWN and McEACHIN proposed the following Amendment No. 44 (Doc. No. 1438J), 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. 2008 (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 that are obtained or effectuated or renewed by the payment of the premium after this act becomes effective by fifteen percent./
Renumber sections to conform.
Amend title to conform.
Rep. FOXWORTH moved to table the amendment, which was agreed to.
Reps. T.M. BURRISS and E.B. McLEOD proposed the following Amendment No. 45 (Doc. No. 1431 J), which was tabled.
Amend the bill, as and if amended, by striking subsection (E) of Section 56-5-4100 of the 1976 Code as contained in Section 12 and inserting:
/(E) The provisions of this section do not apply to and do not restrict the transportation of seed cotton, tobacco, poultry, livestock, or silage or other feed grain used in the feeding of poultry or livestock or of paper, wastepaper, paper products, forest products, or textile products."/
Amend title to conform.
Rep. T.M. BURRISS explained the amendment.
Rep. T.M. BURRISS asked unanimous consent to amend the amendment at the desk.
Rep. KLAPMAN objected.
Rep. T.M. BURRISS moved to table the amendment, which was agreed to.
Reps. HUFF, RUDNICK, SHARPE and JONES proposed the following Amendment No. 46 (Doc. No. 1439J), which was tabled.
Amend the bill, as and if amended, by adding at the end of Section 59-67-420 of the 1976 Code as contained in SECTION 18 the following:
/The flashing lights on all school buses must be in operation when the bus is transporting children upon the highways of this State./
Renumber sections to conform.
Amend title to conform.
Rep. HUFF explained the amendment.
Rep. SIMPSON spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. COLE proposed the following Amendment No. 49 (Doc. No. 1446J), which was tabled.
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 who shall notify the clerk of court within forty-eight hours of such confiscation. 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. BEASLEY moved to table the amendment, which was agreed to.
Rep. McABEE proposed the following Amendment No. 50, which was adopted.
Amend as and if amended.
Section 29 by striking effective date and inserting "the effective date of this Act shall be July 30, 1988."
Rep. McABEE explained the amendment.
The amendment was then adopted.
Rep. RUDNICK proposed the following Amendment No. 51 (Doc. No. 1444J), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION _______. (A) License plates for school buses in this State may not contain more than three digits or letters, or combination of three digits and letters.
(B) Subsection (A) takes effect one year from the date of approval, by the Governor, of the act containing this section./
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. BEASLEY spoke against the amendment.
Rep. L. PHILLIPS 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 55 to 20.
Rep. McABEE proposed the following Amendment No. 52, which was tabled.
Amend as and if amended by adding a new Section (E) to read on page 15: Any new car sold in this State shall have a spare wheel and tire the same size as the other wheels and tires on the car.
Rep. McABEE was recognized.
Rep. McCAIN raised the Point of Order that Amendment No. 52 was out of order as it was not germane to the Bill.
The SPEAKER overruled the Point of Order.
Rep. McABEE explained the amendment.
Rep. LIMEHOUSE spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 50 to 30.
Rep. J.C. JOHNSON proposed the following Amendment No. 53 (Doc. No. 1356J), which was adopted.
Amend the bill, as and if amended, in Section 56-1-1090 of the 1976 Code as contained in Section 6 by striking /order/ on line 27 of page 9 and inserting /decision of the department/.
Amend title to conform.
Rep. J.C. JOHNSON explained the amendment.
The amendment was then adopted.
Rep. J.C. JOHNSON proposed the following Amendment No. 54 (Doc. No. 1357J), which was adopted.
Amend the bill, as and if amended, in Section 56-5-2941 of the 1976 Code as contained in Section 8 by inserting immediately after /proceeding/ on lines 31 and 34 of page 10 /and the original summons/.
Amend title to conform.
Rep. J.C. JOHNSON explained the amendment.
The amendment was then adopted.
Rep. J.C. JOHNSON proposed the following Amendment No. 55 (Doc. No. 1358J), which was adopted.
Amend the bill, as and if amended, in Section 56-5-2941 of the 1976 Code as contained in Section 8 by inserting immediately after /surrender/ on line 11 of page 11 the following:
/, unless the defendant is presently under suspension in which case the required suspension or revocation period shall begin immediately consecutive to any existing and prior suspensions/.
Amend title to conform.
Rep. J.C. JOHNSON explained the amendment.
The amendment was then adopted.
Rep. CARNELL proposed the following Amendment No. 56 (Doc. No. 1409J), which was tabled.
Amend the bill, as and if amended, in Section 56-1-720 of the 1976 Code as contained in Section 9 by striking /(3) More than 20 m.p.h...........5/ on line 19 of page 11 and inserting /(3) More than 20 m.p.h. in a school zone.......6/.
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
Reps. CARNELL and McABEE proposed the following Amendment No. 57 (Doc. No. 1385J), which was tabled.
Amend the bill, as and if amended, in Section 56-1-720, as contained in SECTION 9, by striking /20 m.p.h./ on line 19, page 11, and inserting /30 m.p.h./
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
Reps. CARNELL and McABEE proposed the following Amendment No. 58 (Doc. No. 1385J), which was tabled.
Amend the bill, as and if amended, in Section 56-1-720, as contained in SECTION 9, by striking /20 m.p.h./ on line 19, page 11, and inserting /25 m.p.h./
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
Reps. CARNELL and McABEE proposed the following Amendment No. 59 (Doc. No. 1385J), which was tabled.
Amend the bill, as and if amended, in Section 56-1-720, as contained in SECTION 9, by striking /20 m.p.h./ on line 19, page 11, and inserting /22 m.p.h./
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
Rep. CARNELL proposed the following Amendment No. 60 (Doc. No. 1409J), which was tabled.
Amend the bill, as and if amended, in Section 56-1-720 of the 1976 Code as contained in Section 9 by striking /(3) More than 20 m.p.h...........5/ on line 19 of page 11 and inserting /(3) More than 20 m.p.h. in a residential zone......6/.
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 1, which was proposed Wednesday, January 27, by Reps. L. MARTIN, McELVEEN, etc.
Rep. L. MARTIN moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 6, which was proposed on Thursday, January 28, by Reps. WILKINS and McCAIN.
Rep. WILKINS moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 8, which was proposed on Thursday, January 28, by Reps. E.B. McLEOD, G. BROWN and CHAMBLEE.
Rep. E.B. McLEOD moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 9, which was proposed on Thursday, January 28, by Reps. J.C. JOHNSON and BEASLEY.
Rep. J.C. JOHNSON explained the amendment.
The amendment was then adopted.
Rep. FELDER moved to table the amendment, which was not agreed to by a division vote of 17 to 69.
Rep. McABEE spoke against the amendment.
Rep. LIMEHOUSE asked unanimous consent to amend the Bill, as amended, by amending Amendment No. 17.
Rep. KLAPMAN objected.
The question then recurred to the adoption of the amendment, which was rejected by a division vote of 35 to 45.
Debate was resumed on Amendment No. 11, which was proposed on Thursday, January 28, by Reps. J.C. JOHNSON and TOWNSEND.
Rep. J.C. JOHNSON moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 19, which was proposed on Thursday, January 28, by Rep. P. BRADLEY.
Rep. P. BRADLEY moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 35, which was proposed on Thursday, January 28, by Reps. LIMEHOUSE, et. al.
Rep. LIMEHOUSE explained the amendment.
Rep. McGINNIS spoke against the amendment and moved to table the amendment, which was not agreed to.
The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 74 to 15.
Rep. McABEE proposed the following Amendment No. 47, which was adopted.
Amend as and if amended by adding a proviso in Sec. 1 that reads:
Provided further that anyone who currently on the effective date of this Act is at least 15 years of age and possesses a valid restricted license that person shall be exempted from the requirement of attending or completing a driver training course in order to be eligible for a regular license at age 16.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Rep. P. BRADLEY proposed the following Amendment No. 48 (Doc. No. 1441J), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION _____. Section 56-5-2945 of the 1976 Code, as last amended by Act 82 of 1987, is further amended to read:
"Section 56-5-2945. (A) Any person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a vehicle and when driving does any act forbidden by law or neglects any duty imposed by law in the driving of the vehicle, which act or neglect proximately causes great bodily injury or death to any person other than himself, is guilty of a felony and upon conviction must be punished:
(1) by a mandatory fine of not less than five thousand dollars nor more than ten thousand dollars and mandatory imprisonment for not less than thirty days nor more than ten years when great bodily injury results;
(2) by a mandatory fine of not less than ten thousand dollars nor more than twenty-five thousand dollars and mandatory imprisonment for not less than one year nor more than twenty-five years when death results.
No part of the mandatory sentences required to be imposed by this section may be suspended, and probation may not be granted for any portion.
(B) As used in this section, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(C) The South Carolina Department of Highways and Public Transportation shall suspend the driver's license of any person who is convicted or who receives sentence upon a plea of guilty or nolo contendere pursuant to this section for a period to include any term of imprisonment plus three years.
(D) Notwithstanding any other provision of law, the South Carolina driver's license of a person convicted of a violation of the section 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.
The amendment was then adopted.
Reps. CORNING, HEARN and R. BROWN proposed the following Amendment No. 14 (Doc. No. 1341J), which was tabled.
Amend the bill, as and if amended, Section 56-5-6410(3) and (4), lines 15 and 19, page 19, by striking /six/ and inserting /sixteen/.
Amend title to conform.
Rep. McCAIN moved to table the amendment, which was agreed to.
Reps. CORNING, E.B. McLEOD, HEARN and R. BROWN proposed the following Amendment No. 20 (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 sixteen 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 /sixteen/.
Amend title to conform.
Rep. E.B. McLEOD explained the amendment.
Rep. FOXWORTH spoke against the amendment.
Rep. HEARN spoke in favor of the amendment.
Rep. FOXWORTH moved to table the amendment.
Rep. E.B. McLEOD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Barfield Beasley Bennett Blackwell Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Burch Burriss, T.M. Carnell Clyborne Dangerfield Davenport Edwards Faber Felder Ferguson Foster Foxworth Gordon Harris, P. Haskins Helmly Holt Huff Johnson, J.W. Jones Kay Kirsh Kohn Limehouse Lockemy Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McKay McTeer Moss Nettles Pettigrew Petty Phillips, L. Phillips, O. Rhoad Sharpe Sheheen Shelton Snow Stoddard Taylor Townsend Tucker Waldrop Washington White Wilder Wilkins Williams
Those who voted in the negative are:
Arthur Aydlette Baxley Blanding Boan Brown, R. Burriss, M.D. Chamblee Cooper Corning Day Elliott Fair Hayes Hearn Hendricks Hodges Humphries Johnson, J.C. Keyserling Klapman Koon Lewis Mappus McGinnis McLellan McLeod, E.B. Nesbitt Rogers, J. Rogers, T. Rudnick Short Simpson Sturkie Wells
So, the amendment was tabled.
Rep. HAYES moved to divide the question, Section by Section, on the Bill.
Rep. BEASLEY raised the Point of Order that the motion to divide the question of the Bill and consider it section by section was out of order as cloture was invoked and dividing the question would have the effect of placing an amendment upon the desk, which was prohibited under cloture.
The SPEAKER, citing Rule 8.10 that the question may be divided at any time, overruled the Point of Order.
Rep. L. PHILLIPS moved to table the motion to divide the question.
Rep. T.M. BURRISS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Baker Barfield Baxley Beasley Blackwell Boan Bradley, P. Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Corning Dangerfield Davenport Day Edwards Elliott Faber Fair Felder Ferguson Foxworth Gordon Harris, P. Harvin Haskins Hearn Helmly Hendricks Holt Huff Humphries Johnson, J.C. Jones Kay Kohn Koon Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McTeer Nesbitt Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Sharpe Sheheen Shelton Simpson Snow Sturkie Thrailkill Townsend Tucker Waldrop Wilder Wilkins Williams
Those who voted in the negative are:
Aydlette Bailey, K. Bennett Bradley, J. Brown, G. Foster Hayes Hodges Johnson J.W. Keyserling Kirsh McAbee Moss Neilson Nettles Pettigrew Rudnick Taylor Washington Whipper White
So, the motion to divide the question was tabled.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. T.M. BURRISS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Corning Dangerfield Davenport Day Edwards Elliott Faber Fair Ferguson Foster Foxworth Gordon Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Kohn Koon Lewis Limehouse Lockemy Mappus Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. 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 Sturkie Taylor Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams
Those who voted in the negative are:
Aydlette Martin, D.
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. J. ROGERS moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3659 -- Reps. Washington, Mappus, Holt, Winstead, Aydlette, Foxworth, Kohn, Whipper, Dangerfield and D. Martin: A CONCURRENT RESOLUTION CONGRATULATING MR. WILLIAM "BILL" SAUNDERS ON HIS RECENT ELECTION AS PRESIDENT OF THE SOUTH CAROLINA BROADCASTING ASSOCIATION.
H. 3660 -- Rep. Thrailkill: A CONCURRENT RESOLUTION TO CONGRATULATE MARTIN BRIGMAN FOR BEING HONORED AS HORRY COUNTY'S VOLUNTEER OF THE YEAR FOR 1987.
At 2:10 P.M. the House in accordance with the motion of Rep. McABEE adjourned out of memory and respect for former colleague, Eugene S. Blease, to meet at 11:25 A.M. tomorrow.
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