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:
We thank You, Heavenly Father, for these quiet moments of prayer. Show us that wisdom may come in silence as in speaking, in waiting as in working, in walking as in running. Remain close to us throughout all of our activities that this day be not wasted, no session routine, no work devoid of meaning, no task without significance. Enable us to listen intently to the Old Testament prophet Isaiah who wrote: "They that wait upon the Lord shall renew their strength; they shall mount up with wings of eagles; they shall run, and not be weary, and they shall walk and not faint" - Isaiah 40:31.
In Your holy Name 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 Friday, the SPEAKER ordered it confirmed.
The following was received.
Columbia, S.C., February 18, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1095:
S. 1095 -- Banking and Insurance Committee: A BILL TO AMEND ARTICLE 11, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TITLE INSURANCE, BY ADDING SECTIONS 38-75-905 AND 38-75-920 THROUGH 38-75-1000 SO AS TO REGULATE MORE STRINGENTLY THE TITLE INSURANCE BUSINESS IN THIS STATE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., February 18, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 625:
S. 625 -- Senators Hayes, Nell W. Smith and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1895 SO AS TO PROVIDE FOR A STATEWIDE ADOPTION EXCHANGE WHICH IS TO BE ESTABLISHED BY THE DEPARTMENT OF SOCIAL SERVICES TO RECRUIT ADOPTIVE FAMILIES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., February 18, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators THOMAS E. SMITH, JR., McCONNELL and BRYAN of the Committee of Conference on the part of the Senate on S. 732:
S. 732 -- Judiciary Committee: A BILL TO AMEND SECTION 15-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTENDING THE TIME WITHIN WHICH CERTAIN PERSONS UNDER DISABILITY MAY BRING A CIVIL ACTION, SO AS TO PROVIDE THAT AN ACTION ACCRUING UNDER THE SOUTH CAROLINA TORT CLAIMS ACT IS NOT SO EXTENDED; SECTION 15-78-20, AS AMENDED, RELATING TO LEGISLATIVE FINDINGS REGARDING THE TORT CLAIMS ACT, SO AS TO FURTHER DELINEATE WHEN THE DOCTRINE OF SOVEREIGN IMMUNITY IS REINSTATED FOR GOVERNMENTAL ENTITIES AND TO PROVIDE FOR ADDITIONAL LEGISLATIVE FINDINGS IN REGARD TO BRINGING GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS UNDER THE PROVISIONS OF THE ACT; SECTION 15-78-30, RELATING TO DEFINITIONS UNDER THE TORT CLAIMS ACT, SO AS TO REVISE THE DEFINITION OF "EMPLOYEE" AND "SCOPE OF OFFICIAL DUTY"; SECTION 15-78-60, RELATING TO EXCEPTIONS TO THE WAIVER OF IMMUNITY, SO AS TO FURTHER PROVIDE FOR THESE EXCEPTIONS IN REGARD TO RECREATIONAL AREAS, ACTIVITIES OF THE SOUTH CAROLINA STATE GUARD, AND GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTION 15-78-70, RELATING TO THE LIABILITY FOR AN ACT OF A GOVERNMENT EMPLOYEE, SO AS TO FURTHER PROVIDE FOR THIS LIABILITY IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTIONS 15-78-100 AND 15-78-110, RELATING TO WHEN AN ACTION UNDER THE TORT CLAIMS ACT MUST BE INSTITUTED, SO AS TO FURTHER PROVIDE FOR THIS TIME; SECTION 15-78-120, RELATING TO LIMITATIONS ON THE AMOUNT OF RECOVERY, SO AS TO FURTHER PROVIDE FOR THESE LIMITATIONS AND TO INCREASE THESE LIMITATIONS IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTION 59-67-710, AS AMENDED, RELATING TO CONTRACTS OF INSURANCE ON STATE-OWNED SCHOOL BUSES AND THE BENEFITS AND LIMITS OF LIABILITY THEREON, SO AS TO FURTHER PROVIDE FOR THESE LIMITS AND LIABILITY; AND TO PROVIDE THE MANNER IN WHICH THE STATUTORY TIME FOR FILING OF CERTAIN CLAIMS UNDER THE TORT CLAIMS ACT MUST BE COMPUTED.
Very respectfully,
President
No. 53
Received as information.
The following was received.
Columbia, S.C., February 18, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it requests the return of S. 982:
S. 982 -- Senator Powell: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT ALL REAL PROPERTY OF PUBLIC LIBRARIES, CHURCHES, PARSONAGES, BURYING GROUNDS, AND CHARITABLE TRUSTS AND FOUNDATIONS USED EXCLUSIVELY FOR CHARITABLE AND PUBLIC PURPOSES NOT OTHERWISE EXEMPT IF NO PROFIT OR BENEFIT FROM ANY OPERATION ON THE REAL PROPERTY INURES TO THE BENEFIT OF ANY PRIVATE STOCKHOLDER OR INDIVIDUAL.
Very respectfully,
President
No. 1
On motion of Rep. KIRSH, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
S. 982 -- Senator Powell: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT ALL REAL PROPERTY OF PUBLIC LIBRARIES, CHURCHES, PARSONAGES, BURYING GROUNDS, AND CHARITABLE TRUSTS AND FOUNDATIONS USED EXCLUSIVELY FOR CHARITABLE AND PUBLIC PURPOSES NOT OTHERWISE EXEMPT IF NO PROFIT OR BENEFIT FROM ANY OPERATION ON THE REAL PROPERTY INURES TO THE BENEFIT OF ANY PRIVATE STOCKHOLDER OR INDIVIDUAL.
Rep. KIRSH moved to reconsider the vote whereby the Bill was given a first reading which was agreed to.
The Bill was ordered returned to the Senate as requested.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3621 -- Reps. Lockemy, G. Brown, G. Bailey, R. Brown, J. Harris, Burch, Beasley, Waldrop, J.W. McLeod and McBride: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO TAKE ALL EFFORTS AND SUPPORT MEASURES WHICH WOULD RELIEVE THE CONSTRAINTS BEING PLACED ON THE RAILROAD INDUSTRY.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3768 -- Reps. Rhoad, Barfield, G. Brown, G. Bailey, Nettles, Snow, R. Brown, Beasley, J.W. McLeod, McEachin, Williams, Stoddard, Neilson, Helmly, E.B. McLeod, Short, Baxley, Wilder, Koon, Holt, Felder, Tucker, Pearce, Blanding, Chamblee, Harvin, Bennett, Taylor, Elliott, Altman, Waldrop, K. Bailey, P. Bradley and J. Rogers: A CONCURRENT RESOLUTION TO REQUEST THE INTERAGENCY COMMITTEE ON SMOKING AND HEALTH TO REFRAIN FROM INTERFERING WITH THE TRADE POLICY OF THE UNITED STATES RELATIVE TO TOBACCO.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3774 -- Reps. J. Rogers, M.D. Burriss, Aydlette, J. Brown, Taylor, J. Harris, Sheheen and Humphries: A CONCURRENT RESOLUTION URGING AMTRAK TO INSIST ON THE PERFORMANCE OF THE TERMS OF ITS CONTRACT WITH CSX TRANSPORTATION, INC., WHICH INCLUDES FURNISHING PASSENGER RAIL SERVICE ALONG THE ROUTE FROM SAVANNAH, GEORGIA, TO COLUMBIA, SOUTH CAROLINA, TO RALEIGH, NORTH CAROLINA.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3696 -- Reps. Helmly and Carnell: A JOINT RESOLUTION TO AMEND SECTION 40, PART I, ACT 170 OF 1987 (THE GENERAL APPROPRIATIONS ACT), RELATING TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO DELETE THE PROVISO THAT ONE MILLION DOLLARS OF THE ADDITIONAL GENERAL FUNDS APPROPRIATED FOR NURSING HOME PROVIDERS AND MATCHING FEDERAL FUNDS MUST BE EXPENDED ON NURSING HOME SERVICE RENDERED IN CERTAIN BEDS AND FACILITIES; AND TO PROVIDE THAT FUNDS BECOMING AVAILABLE AS A RESULT OF THE DELETION OF THE PROVISO MUST BE USED TO PROVIDE MEDICAID SERVICES TO NURSING HOME ELIGIBLE CLIENTS IN THE COMMUNITY LONG TERM CARE PROGRAM FOR FISCAL YEAR 1987-88.
Ordered for consideration tomorrow.
The following was introduced:
H. 3796 -- Charleston Delegation: A HOUSE RESOLUTION REQUESTING THE HOUSE WAYS AND MEANS COMMITTEE TO PROVIDE ADDITIONAL FUNDING FROM THE EDUCATION IMPROVEMENT ACT OF 1984 FUND FOR SERVICES FOR EMOTIONALLY HANDICAPPED CHILDREN IN ITS CONSIDERATION OF THE 1988-89 GENERAL APPROPRIATIONS ACT.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3797 -- Reps. Washington, Aydlette, J. Bradley, Dangerfield, Foxworth, Holt, Kohn, Mappus, D. Martin, Whipper and Winstead: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE J. ARTHUR BROWN OF JAMES ISLAND IN CHARLESTON COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3798 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF COLONEL LOUIS WILLIFORD JACKSON OF ANDERSON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3799 -- Rep. Baxley: A CONCURRENT RESOLUTION REQUESTING THE ADMINISTRATOR OF THE FEDERAL AVIATION ADMINISTRATION TO INVESTIGATE THE MANY COMPLAINTS WHICH RECENTLY HAVE BEEN LODGED AGAINST EASTERN AIR LINES BY THE CITIZENS OF THIS STATE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1208 -- Senator Courson: A CONCURRENT RESOLUTION TO COMMEND ARTHUR M. BJONTEGARD, JR., OF COLUMBIA FOR HIS COMMITMENT TO AND WORK WITH THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA AND FOR HIS CONCERN ABOUT THE FUTURE WELL-BEING OF SOUTH CAROLINA'S CHILDREN.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3800 -- Reps. T. Rogers and Pettigrew: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. DAVID D. BROWN OF THE SOUTH CAROLINA FORESTRY COMMISSION FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3801 -- Reps. T. Rogers and Arthur: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND JAMES W. CHEEK, TREASURER OF UNION COUNTY, FOR HIS FORTY YEARS OF OUTSTANDING PUBLIC SERVICE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3802 -- Reps. T. Rogers and Hearn: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MS. LILLIAN R. MIXON OF THE UNIVERSITY OF SOUTH CAROLINA FOR HER FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3803 -- Reps. T. Rogers and Humphries: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. MYER GEDDINGS OF THE SOUTH CAROLINA FORESTRY COMMISSION FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3804 -- Rep. T. Rogers: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE LATE JOSEPH P. STROM OF THE STATE LAW ENFORCEMENT DIVISION FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3805 -- Reps. T. Rogers and Hodges: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MS. NELL P. PERRY OF THE DEPARTMENT OF SOCIAL SERVICES FOR HER FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3806 -- Reps. T. Rogers and Taylor: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. JOHN F. HARRISON OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3807 -- Reps. T. Rogers and Felder: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. KENNETH O. KOLB OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3808 -- Reps. T. Rogers and Koon: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MS. MARY P. BECKHAM OF THE EMPLOYMENT SECURITY COMMISSION FOR HER FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3809 -- Reps. T. Rogers and Cooper: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MS. SELENA PEPPERS OF CLEMSON UNIVERSITY FOR HER FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3810 -- Reps. T. Rogers and Washington: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MS. BIRDIE MAE HART OF THE CITADEL FOR HER FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3811 -- Reps. T. Rogers and Felder: A CONCURRENT RESOLUTION TO COMMEND AND RECOGNIZE DR. LEWIE C. ROACHE OF SOUTH CAROLINA STATE COLLEGE FOR FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3812 -- Reps. T. Rogers and McLellan: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. H. BETTS WILSON OF CLEMSON UNIVERSITY FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3813 -- Reps. T. Rogers and Koon: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. DAN F. BECKMAN OF THE STATE LAW ENFORCEMENT DIVISION FOR HIS FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3814 -- Reps. T. Rogers and G. Bailey: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MS. RETTA MAE HEATON OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR HER FORTY YEARS OF SERVICE AS AN EMPLOYEE OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3815 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO COMMEND CHIEF DEPUTY CLYDE STONE OF ANDERSON UPON HIS RETIREMENT AS SHERIFF E. E. COOLEY'S RIGHTHAND MAN FOR SIXTEEN YEARS AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3816 -- Rep. Wilkins: A BILL TO AMEND SECTION 23-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO CRIMINAL JUSTICE COMMITTEES AND PROGRAMS, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 23-4-110, RELATING TO THE GOVERNOR'S COMMITTEE ON CRIMINAL JUSTICE, CRIME, AND DELINQUENCY, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE AND THE APPOINTMENT PROCESS TO AND SUPPORT STAFF OF THE COMMITTEE; TO AMEND SECTION 23-4-120, RELATING TO THE DUTIES OF THIS COMMITTEE, SO AS TO REVISE THESE DUTIES; TO AMEND SECTION 23-4-130, RELATING TO THE REPORTS OF THIS COMMITTEE, SO AS TO REVISE ITS REPORTING REQUIREMENTS; AND TO AMEND SECTION 23-4-140, RELATING TO MEETINGS, QUORUMS, AND PROXIES OF THE COMMITTEE, SO AS TO REVISE HOW MEMBERS MAY BE REPRESENTED BY PROXY AT MEETINGS OF THE COMMITTEE.
Referred to Committee on Judiciary.
H. 3817 -- Reps. Foxworth, Aydlette, Winstead, Whipper, D. Martin, Washington, Mappus, Kohn and J. Bradley: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO DELETE THE PROVISION PROVIDING FOR THE NOMINATION OF CONSTITUENT TRUSTEES BY PETITION.
Referred to Charleston Delegation.
H. 3818 -- Reps. E.B. McLeod, T.M. Burriss, Waldrop, M.D. Burriss, G. Bailey, Cooper, J.C. Johnson, Corning, Sharpe, Snow, Barfield, Gordon and Tucker: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFULLY LEAVING THE SCENE OF A MOTOR VEHICLE ACCIDENT, SO AS TO PROVIDE PENALTIES FOR LEAVING THE SCENE OF AN ACCIDENT RESULTING IN MINOR INJURIES AND INCREASE THE PENALTIES FOR LEAVING THE SCENE OF AN ACCIDENT RESULTING IN DEATH OR A DISABLING INJURY TO IMPRISONMENT FOR NOT LESS THAN FIVE YEARS NOR MORE THAN TWENTY-FIVE YEARS.
Referred to Committee on Judiciary.
H. 3819 -- Reps. Hearn, M.D. Burriss, Cork, Humphries, T.C. Alexander, Wells, Faber, J. Brown, Taylor, T. Rogers, Kay and McGinnis: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT ALL REAL PROPERTY OF PUBLIC LIBRARIES, CHURCHES, PARSONAGES, BURYING GROUNDS, AND CHARITABLE TRUSTS AND FOUNDATIONS USED EXCLUSIVELY FOR CHARITABLE AND PUBLIC PURPOSES NOT OTHERWISE EXEMPT IF NO PROFIT OR BENEFIT FROM ANY OPERATION ON THE REAL PROPERTY INURES TO THE BENEFIT OF ANY PRIVATE STOCKHOLDER OR INDIVIDUAL AND NO INCOME-PRODUCING VENTURES ARE LOCATED ON THE REAL PROPERTY.
Referred to Committee on Ways and Means.
H. 3820 -- Rep. Aydlette: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-43-205 SO AS TO ALLOW INSURANCE AGENTS CONDITIONALLY TO SPLIT A COMMISSION ON THE COOPERATIVE SALE OF A POLICY OF INSURANCE EVEN THOUGH ONLY ONE OF THE AGENTS WAS LICENSED FOR THE INSURER WHOSE POLICY OF INSURANCE WAS THE POLICY SOLD.
Referred to Committee on Labor, Commerce and Industry.
H. 3821 -- Rep. McTeer: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF STAFFORD LODGE NO. 216, ANCIENT FREE MASONS, OF HAMPTON COUNTY.
Without reference.
H. 3822 -- Ways and Means Committee: A BILL TO AMEND SECTION 11-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL FUND RESERVE, CAPITAL EXPENDITURE FUND, AND OTHER FISCAL MATTERS, SO AS TO REDUCE FROM FOUR TO THREE PERCENT OF GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR THE AMOUNT WHICH MUST BE MAINTAINED IN THE GENERAL FUND RESERVE, AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT ARE NOT EFFECTIVE UNTIL THE GENERAL ASSEMBLY APPROVES BY A JOINT RESOLUTION THE AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF THIS STATE WHICH ADDS SECTION 38 REQUIRING A CAPITAL EXPENDITURE FUND EQUAL TO TWO PERCENT OF GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR AND PROVIDING WHEN AND THE PURPOSES FOR WHICH THE MONIES FROM THE FUND MAY BE EXPENDED.
Without reference.
H. 3823 -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 38, SO AS TO REQUIRE A CAPITAL EXPENDITURE FUND EQUAL TO TWO PERCENT OF GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR, AND PROVIDE WHEN AND THE PURPOSES FOR WHICH THE MONIES FROM THE FUND MAY BE EXPENDED.
Without reference.
H. 3824 -- Agriculture and Natural Resources: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, SOUTH CAROLINA CROP PEST COMMISSION, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 934, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3825 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-434 SO AS TO CREATE THE CHILD'S EDUCATION SAVINGS ACT, TO DEFINE "CHILD'S EDUCATION SAVINGS ACCOUNT", TO ALLOW A DEDUCTION FROM TAXABLE INCOME FOR PURPOSES OF STATE INCOME TAXATION IN THE AMOUNT OF THREE THOUSAND DOLLARS WHICH MUST BE USED TO DEFRAY THE COST OF A CHILD'S COLLEGE EDUCATION, TO PROVIDE FOR THE EXPENDITURE OF MONIES FROM THIS ACCOUNT, AND TO PROVIDE PENALTIES FOR UNAUTHORIZED WITHDRAWALS.
Referred to Committee on Ways and Means.
H. 3827 -- Reps. R. Brown and J.W. McLeod: A BILL TO PROVIDE THAT THE WILLIAMS PARK SUBDIVISION NEAR THE TOWN OF MULLINS CONSTITUTES A PART OF SCHOOL DISTRICT NUMBER TWO OF MARION COUNTY; AND TO RELIEVE THE RESIDENTS OF THE SUBDIVISION OF THE TAX OBLIGATIONS IMPOSED ON RESIDENTS OF SCHOOL DISTRICT NUMBER ONE OF MARION COUNTY AND PROVIDE THAT THEY SHALL ASSUME THE TAX OBLIGATIONS IMPOSED ON RESIDENTS OF SCHOOL DISTRICT NUMBER TWO OF MARION COUNTY.
Without reference.
S. 964 -- Senator Lee: A BILL TO AMEND SECTION 40-54-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS FOR THE CHAPTER ON DEALERS IN PRECIOUS METALS, SO AS TO ADD A DEFINITION FOR "PRECIOUS OR SEMIPRECIOUS STONE OR GEM" AND TO CHANGE ACCORDINGLY THE DEFINITIONS OF VARIOUS OTHER TERMS USED IN THE CHAPTER; AND TO AMEND SECTION 40-54-40, RELATING TO THE REQUIREMENT THAT DEALERS IN PRECIOUS METALS KEEP RECORDS OF CERTAIN PURCHASES AND TO CERTAIN PROVISIONS REGARDING THE SELLER'S IDENTITY, SO AS TO REQUIRE DEALERS TO KEEP A BOOK IN WHICH MUST BE WRITTEN CERTAIN INFORMATION AT THE TIME OF ANY PURCHASE OF PRECIOUS METAL OR PRECIOUS OR SEMIPRECIOUS STONES OR GEMS.
Referred to Committee on Labor, Commerce and Industry.
S. 1196 -- Corrections and Penology Committee: A BILL TO AMEND SECTIONS 24-21-10, 24-21-13, 24-21-60, 24-21-70, 24-21-80, 24-21-90, 24-21-250, 24-21-260, 24-21-280, 24-21-290, 24-21-475, 24-21-480, 24-21-485, 24-21-650, AND 24-21-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAROLE AND COMMUNITY CORRECTIONS BOARD, DEPARTMENT, AND OFFICERS AND EMPLOYEES, SO AS TO CHANGE THE NAME AND REFERENCES TO THE PROBATION, PAROLE, AND PARDON SERVICES BOARD, DEPARTMENT, AND OFFICERS AND EMPLOYEES AND TO DELETE ANTIQUATED AND OBSOLETE LANGUAGE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1202 -- Senator Long: A BILL TO AMEND SECTIONS 50-3-410, 51-1-60, AND 51-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF CONSERVATION OFFICERS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES AND REGULATIONS OF FISHING IN LAKES, PONDS, AND OTHER WATERS WHOLLY WITHIN STATE PARKS, SO AS TO GIVE JURISDICTION TO CONSERVATION OFFICERS TO ENFORCE PROVISIONS OF TITLE 50, LITTER AND TRESPASS STATUTES AND REGULATIONS OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM RELATING TO FISHING IN LAKES, PONDS, AND OTHER WATERS WHOLLY WITHIN STATE PARKS.
Referred to Committee on Agriculture and Natural Resources.
The following was introduced:
H. 3826 -- Reps. Koon, Felder, Sturkie, Derrick, Klapman, J.H. Burriss, Sharpe, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Cork, Corning, Dangerfield, Davenport, Day, Edwards, Elliott, Faber, Fair, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, Huff, Humphries, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Kohn, Lanford, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Pearce, Pettigrew, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Taylor, Thrailkill, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF BILL LUNDY, LEESVILLE POLICE CHIEF, UPON HIS TRAGIC DEATH IN THE LINE OF DUTY.
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, J. Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Felder Ferguson Foxworth Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Koon Lanford Lewis Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Snow Sturkie Thrailkill 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 23, 1988.
Roland S. Corning Luther Taylor O. Phillips James C. Johnson Samuel R. Foster Paul Short James E. Lockemy Philip T. Bradley Gene Stoddard
LEAVE OF ABSENCE
The SPEAKER granted Rep. TOWNSEND a temporary leave of absence.
I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, February 23.
Rep. Larry Gentry
Announcement was made that Dr. Jack T. Scheuer, Jr. of Camden is the Doctor of the Day for the General Assembly.
Rep. M.O. ALEXANDER moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 2513 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 12-37-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT AND RETURN OF MERCHANTS AND MANUFACTURERS' PROPERTY TO THE TAX COMMISSION FOR AD VALOREM TAX PURPOSES SO AS TO PROVIDE THAT THE TAX COMMISSION SHALL FORWARD THE ASSESSMENTS PREPARED AS A RESULT OF THE RETURNS SUBMITTED PURSUANT TO THIS SECTION TO THE APPROPRIATE LOCAL TAXING AUTHORITIES NO LATER THAN AUGUST FIFTEENTH OF THE APPLICABLE TAX YEAR.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Boan Bradley, J. Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, J.H. Burriss, T.M. Chamblee Clyborne Cole Cooper Corning Dangerfield Davenport Day Derrick Edwards Elliott Faber Ferguson Foxworth Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.W. Kirsh Klapman Koon Lanford Lewis Mappus Martin, D. Martin, L. Mattos McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Simpson Snow Sturkie Thrailkill Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
Those who voted in the negative are:
Blackwell Carnell McAbee
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. M.O. ALEXANDER, J.C. JOHNSON and KIRSH to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 2943 -- Rep. Kirsh: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 61 SO AS TO REQUIRE AN OUT-OF-STATE PRINCIPAL TO PAY COMMISSIONS OWED TO A SALES REPRESENTATIVE WITHIN A CERTAIN PERIOD AFTER A CONTRACT BETWEEN THEM IS TERMINATED, PROVIDE FOR CERTAIN PUNITIVE DAMAGES AND ATTORNEY'S FEES IF POST-TERMINATION COMMISSIONS ARE NOT PAID IN A TIMELY MANNER, PROVIDE FOR ATTORNEY'S FEES TO BE AWARDED AGAINST PERSONS BRINGING FRIVOLOUS ACTIONS, PROVIDE FOR PERSONAL JURISDICTION OVER CERTAIN NONRESIDENT PRINCIPALS, AND PROVIDE THAT ANY AGREEMENTS WHICH WAIVE ANY OF THE REQUIREMENTS OF THIS CHAPTER ARE VOID.
H. 3461 -- Rep. Petty: A BILL TO AMEND SECTION 40-6-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO AUCTIONEERS, SO AS TO DEFINE "ESTATE" AUCTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-6-156 SO AS TO PROHIBIT THE SALE AT AUCTION OF ANY PROPERTY OTHER THAN THE PROPERTY OF A SPECIFIED DECEASED PERSON OR THE PROPERTY OF A SPECIFIED LIVING PERSON'S ESTATE AT ANY AUCTION CONDUCTED OR ADVERTISED AS AN ESTATE SALE.
H. 3463 -- Rep. Petty: A BILL TO AMEND SECTION 40-6-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO AUCTIONEERS, SO AS TO DEFINE "ABSOLUTE AUCTION" AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-6-145 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO CONDUCT OR ADVERTISE THAT AN AUCTION IS "ABSOLUTE" IF MINIMUM OPENING BIDS ARE REQUIRED OR OTHER CONDITIONS ARE PLACED ON THE SALE WHICH LIMIT THE SALE OTHER THAN TO THE HIGHEST BIDDER.
H. 3428 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 59-63-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGE OF ATTENDANCE OF PUPILS, SO AS TO PERMIT A CHILD WHO HAS COMPLETED ONE YEAR OF KINDERGARTEN, WITHIN OR WITHOUT THIS STATE, TO ENTER THE FIRST GRADE.
H. 3594 -- Rep. Wilkins: A BILL TO AMEND SECTION 20-7-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTIVE CUSTODY OF CHILDREN, SO AS TO CHANGE THE TIME FOR THE HEARING TO BE HELD TO DETERMINE WHETHER CUSTODY MAY BE REMOVED.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
H. 3771 -- Education and Public Works Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 130 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, BY ADDING CHAPTER 133 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR FRANCIS MARION COLLEGE, AND BY ADDING CHAPTER 135 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR LANDER COLLEGE; TO AMEND SECTION 59-131-10, RELATING TO AUTHORIZATION TO THE STATE COLLEGE BOARD OF TRUSTEES TO PROVIDE PARKING FACILITIES AT THE COLLEGE OF CHARLESTON, SO AS TO DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES, PROVIDE REFERENCE TO THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, AND DELETE CERTAIN LANGUAGE; TO AMEND SECTION 59-131-30, RELATING TO PARKING FACILITIES AT THE COLLEGE OF CHARLESTON AND THE REQUIREMENT THAT BONDS ARE PAYABLE SOLELY FROM REVENUES OF PARKING FACILITIES, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES AND PROVIDE REFERENCE TO THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON; TO AMEND SECTION 59-101-10, RELATING TO THE DESIGNATION OF STATE COLLEGES AND UNIVERSITIES, SO AS TO, AMONG OTHER THINGS, LIST THE COLLEGE OF CHARLESTON, LANDER COLLEGE, AND FRANCIS MARION COLLEGE AS SEPARATE AND DISTINCT INSTITUTIONS, EACH UNDER ITS SEPARATE GOVERNING BOARD: TO AMEND SECTION 59-101-20, RELATING TO THE TRANSFER OF THE COLLEGE OF CHARLESTON TO THE STATE, SO AS TO DELETE PROVISIONS RELATING TO THE COLLEGE BEING GOVERNED BY THE STATE COLLEGE BOARD OF TRUSTEES AND CERTAIN OTHER OBSOLETE PROVISIONS; TO AMEND SECTION 59-101-30, RELATING TO THE TRANSFER OF LANDER COLLEGE TO THE STATE, SO AS TO DELETE CERTAIN OBSOLETE PROVISIONS AND THE PROVISION THAT THE COLLEGE IS GOVERNED BY THE STATE COLLEGE BOARD OF TRUSTEES; TO AMEND SECTION 59-111-340, RELATING TO THE INSTITUTIONS TO WHICH THE LAWS DEALING WITH FREE TUITION FOR RESIDENTS SIXTY-FIVE YEARS OF AGE APPLY, SO AS TO DELETE REFERENCE TO INSTITUTIONS UNDER THE JURISDICTION OF THE STATE COLLEGE BOARD OF TRUSTEES; TO AMEND SECTION 59-112-10, RELATING TO THE DEFINITION OF "STATE INSTITUTION" FOR PURPOSES OF THE LAWS DEALING WITH DETERMINATION OF RATES OF TUITION AND FEES, SO AS TO DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES AND TO LIST THE BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, LANDER COLLEGE, AND FRANCIS MARION COLLEGE; TO REPEAL CHAPTER 105 OF TITLE 59, RELATING TO THE STATE COLLEGE BOARD OF TRUSTEES; TO PROVIDE THAT MEMBERS OF THE STATE COLLEGE BOARD OF TRUSTEES WHO ARE SERVING TERMS ON THAT BOARD ON THE EFFECTIVE DATE OF THIS ACT MAY, AT THEIR OPTION, SERVE AS TRUSTEES ON THE BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, OR LANDER COLLEGE; AND TO PROVIDE FOR THE ELECTION OF THE INITIAL MEMBERS OF THE SEPARATE BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, AND LANDER COLLEGE.
Reps. McEACHIN and FOSTER proposed the following Amendment No. 1, which was adopted.
Amend as and if amended.
By striking on page 4: Lines 10-16. By striking on page 10: Lines 29-35. By striking on page 15: Lines 26-32. By striking on page 22: Line 10 "TERMS" and by further striking Lines 11-16.
Amend title to conform.
Rep. McEACHIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Pill was taken up.
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.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, January 20, by Rep. J. BRADLEY.
Rep. T. ROGERS moved to table the amendment, which was agreed to.
The Bill was then read the second time and ordered to third reading.
The following Bill was taken up.
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.
Rep. M.O. ALEXANDER moved to table the Bill, which was agreed to.
Rep. L. PHILLIPS moved to adjourn debate upon the following Bill until Wednesday, February 24, which was adopted.
S. 531 -- Education Committee: A BILL TO AMEND SECTION 59-25-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT AND DISMISSAL OF TEACHERS, SO AS TO DEFINE "TEACHER", FOR PURPOSES OF THIS SECTION, AS MEANING ALL EMPLOYEES POSSESSING A PROFESSIONAL CERTIFICATE ISSUED BY THE STATE DEPARTMENT OF EDUCATION, EXCEPT THOSE EMPLOYEES WORKING PURSUANT TO MULTI-YEAR CONTRACTS.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3732 -- Reps. Felder, G. Brown, T. Rogers, Limehouse, Fair, P. Bradley, G. Bailey, Dangerfield, Edwards, L. Phillips, Short, Simpson, Gregory, Klapman, J. Rogers, Wilkins, Carnell, Hendricks, Huff, McAbee, Foster, Tucker and Baxley: A BILL TO AMEND SECTION 61-9-625, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPORTATION OF WINE INTO THIS STATE BEING LIMITED TO THE REGISTERED PRODUCER THEREOF AND THE REGISTRATION OF A PARTICULAR BRAND BEING AVAILABLE ONLY TO THE PRODUCER OR PRIMARY SOURCE OF SUPPLY, SO AS TO MAKE THE ABOVE PROVISIONS ALSO APPLICABLE TO BEER, ALE, PORTER, AND MALT BEVERAGES.
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.
S. 1086 -- Banking and Insurance Committee: A BILL TO AMEND TITLE 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 87 SO AS TO PROVIDE FOR THE REGULATION AND TAXATION OF RISK RETENTION GROUPS AND PURCHASING GROUPS AUTHORIZED UNDER THE FEDERAL LIABILITY RISK RETENTION ACT OF 1986, INCLUDING THE PROVISION OF CERTAIN PENALTIES.
S. 1094 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-13-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, SO AS TO CHANGE THE TIME REQUIRED FOR EXAMINATION OF DOMESTIC INSURANCE COMPANIES FROM THREE YEARS TO FIVE YEARS.
Rep. J. BRADLEY explained the Bill.
On motion of Rep. T.M. BURRISS, with unanimous consent, it was ordered that H. 3635 be read the third time tomorrow.
The following Bill was taken up.
S. 704 -- Senators Lourie, Land, Wilson, Long, Lee, Branton, McConnell, Lindsay, Thomas, Leatherman and Giese: A BILL TO AMEND SECTIONS 23-5-40, 56-1-50, 56-1-130, 56-1-180, 56-1-440, 56-1-460, 56-1-720, 56-1-1030, 56-1-1040, 56-1-1090, AND 56-1-1100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVERS' LICENSES, SO AS TO PROVIDE THAT A PERSON FIFTEEN AND ONE-HALF YEARS OF AGE INSTEAD OF FIFTEEN YEARS OF AGE MAY APPLY FOR A BEGINNER'S PERMIT, PROVIDE THAT THE HOLDER OF A SPECIAL RESTRICTED LICENSE MAY HAVE THE PROHIBITION WAIVED TO DRIVE TO AND FROM WORK AND TO PROVIDE THAT AT AGE SIXTEEN AND ONE-HALF THE SPECIAL RESTRICTIONS ARE AUTOMATICALLY REMOVED, TO INCREASE THE PENALTIES FOR DRIVING WITHOUT A LICENSE, TO INCREASE THE PENALTIES FOR DRIVING WHEN A LICENSE IS CANCELED, SUSPENDED, OR REVOKED, TO PROVIDE THAT ANY PERSON WHO EXCEEDS SEVENTY MILES AN HOUR IS SUBJECT TO RECEIVING FIVE POINTS, TO PROVIDE THAT THE RECORD OF A HABITUAL OFFENDER MAY BE ADMITTED AS EVIDENCE, TO PROVIDE THAT HABITUAL OFFENDER CASES ARE GOVERNED BY THE ADMINISTRATIVE PROCEDURES ACT, TO PROVIDE THAT A HABITUAL OFFENDER MAY NOT BE ISSUED A DRIVER'S LICENSE FOR FIVE YEARS FROM THE DATE OF THE FINAL DECISION OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND, IF APPEALED, SUSTAINED BY A COURT, TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL MAKE THE DECISION PROHIBITING OPERATION OF A VEHICLE AND, IF A PERSON IS A HABITUAL OFFENDER, THE DEPARTMENT MUST NOTIFY THE SOLICITOR OR THE ATTORNEY GENERAL; TO AMEND SECTIONS 56-5-750, 56-5-1520, 56-5-2930, 56-5-2940, 56-5-2945, 56-5-2950, 56-5-2990, 56-5-4100, 56-5-4450, 56-5-5015, 56-5-6410, 56-5-6420, AND 56-5-6430, RELATING TO TRAFFIC REGULATIONS, SO AS TO PROVIDE FOR A MANDATORY MINIMUM PENALTY FOR FAILURE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT OFFICER, TO INCREASE THE PENALTIES FOR EXCEEDING CERTAIN SPEED LIMITS, TO MAKE IT UNLAWFUL TO DRIVE UNDER THE INFLUENCE OF ALCOHOL OR ANY DRUG WHICH RENDERS THE OPERATOR INCAPABLE OF DRIVING SAFELY, TO INCREASE THE PENALTY FOR A FELONY DUI, ADD URINE OR BLOOD TESTS TO THE IMPLIED CONSENT STATUTE, TO PROVIDE PROCEDURES FOR THEIR USE, TO RELEASE PERSONS ADMINISTERING TESTS FROM CRIMINAL AND CIVIL LIABILITY UNLESS GROSSLY NEGLIGENT, TO PROVIDE FOR AN IMMEDIATE SUSPENSION OF DRIVING PRIVILEGES IF A BLOOD ALCOHOL CONTENT OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR GREATER IS REGISTERED, TO REQUIRE PERSONS CONVICTED FOR DRIVING UNDER ALCOHOL OR DRUG INFLUENCE AND LICENSE SUSPENSION TO ENROLL IN THE ALCOHOL AND DRUG SAFETY PROGRAM, TO FURTHER PROVIDE REQUIREMENTS FOR TRUCKS OR OTHER VEHICLES LOADED WITH ROCK, GRAVEL, OR SIMILAR SUBSTANCES AND TO PROVIDE EXCEPTIONS AND A PENALTY, TO FURTHER PROVIDE FOR THE TIME IN WHICH HEADLIGHTS ARE TO BE TURNED ON AND TO PROVIDE A PENALTY, TO ADOPT SAFETY STANDARD NUMBER 205 OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION DEALING WITH TINTING OR GLAZING WINDOWS OF MOTOR VEHICLES, TO PROVIDE THAT ANY CHILD FROM FOUR THROUGH SIX YEARS OF AGE TRANSPORTED IN THE FRONT SEAT BE SECURED BY A SAFETY BELT AND TO FURTHER PROVIDE FOR CHILD PASSENGER RESTRAINT SYSTEMS; SECTIONS 56-9-70 AND 56-9-340, RELATING TO DRIVING WHILE A LICENSE OR REGISTRATION OR OPERATING PRIVILEGE IS REVOKED OR SUSPENDED, SO AS TO INCREASE THE PENALTIES; SECTIONS 56-11-740 THROUGH 56-11-770, RELATING TO THE OPERATION OF AN UNINSURED VEHICLE, SALE OR DISPOSAL OF A VEHICLE TO A FAMILY MEMBER WITH SUSPENDED REGISTRATION AND PLATES, AND FALSE EVIDENCE AS TO THE INSURED STATUS OF A VEHICLE, SO AS TO INCREASE THE PENALTY FOR THESE OFFENSES; SECTIONS 58-17-1400, 58-17-1450, AND 58-17-1470, RELATING TO SIGNBOARDS AT RAILROAD CROSSINGS AND REPORTS PERTAINING THERETO, SO AS TO REQUIRE THE STATE HIGHWAY ENGINEER OR A DESIGNEE TO MAKE CERTAIN THAT THESE SIGNBOARDS ARE IN ACCORDANCE WITH REGULATIONS AND TO PROVIDE A PENALTY FOR FAILING TO MAINTAIN SIGNBOARDS, TO PROVIDE FOR INSPECTION OF RAILROAD CROSSINGS EVERY FIVE YEARS. REQUIRE CORRECTIVE MEASURES, PROVIDE A PENALTY, AND REQUIRE THE STATE HIGHWAY ENGINEER TO MAKE AN ANNUAL REPORT OF RAILROAD GRADE CROSSINGS; SECTION 59-39-310, RELATING TO MANDATORY DRIVER EDUCATION AND TRAINING, SO AS TO REQUIRE SCHOOL DISTRICTS TO ESTABLISH PROGRAMS TO INCLUDE PERSONS OF PROVISIONAL DRIVING AGE AND TO REQUIRE PERSONS UNDER EIGHTEEN TO COMPLETE DRIVER EDUCATION PRIOR TO RECEIVING A DRIVER'S LICENSE; TO AMEND CHAPTER 1 OF TITLE 56 BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR A DRIVER'S LICENSE COMPACT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-1-185, 56-1-365, 56-5-2935, 56-5-4455, 56-5-6445, 56-5-6446, AND 58-17-3315 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A POINT-ASSESSABLE TRAFFIC OFFENSE OR INVOLVED IN AN ACCIDENT IN WHICH HE WAS AT FAULT WHILE OPERATING UNDER A SPECIAL RESTRICTED DRIVER'S LICENSE SHALL HAVE THE REMOVAL OF RESTRICTIONS POSTPONED FOR SIX MONTHS AND UNTIL HE IS FREE OF TRAFFIC ACCIDENTS, TO PROVIDE THAT ANY PERSON WHO IS CONVICTED OF OR PLEADS TO AN OFFENSE IN GENERAL SESSIONS COURT WHICH AS PART OF THE PUNISHMENT TO BE IMPOSED REQUIRES THAT HIS DRIVER'S LICENSE BE REVOKED OR SUSPENDED SHALL SURRENDER HIS LICENSE TO THE CLERK OF COURT UPON THE VERDICT OR PLEA AND THE SUSPENSION OR REVOCATION PERIOD IMMEDIATELY BEGINS, TO PROVIDE FOR A TEMPORARY TWENTY-FOUR HOUR DRIVER'S CERTIFICATE UNDER CERTAIN CONDITIONS, TO PERMIT A PRELIMINARY SCREENING TEST TO DETERMINE WHETHER AN ARREST SHOULD BE MADE FOR VIOLATION OF SECTION 56-5-2930 (DUI), TO MAKE IT UNLAWFUL TO OPERATE A MOVING VEHICLE IN VIOLATION OF SECTION 56-5-4450 WITH ONLY PARKING LIGHTS, TO PROVIDE THAT ARTICLE 47 OF CHAPTER 5 OF TITLE 56 (CHILD PASSENGER RESTRAINT SYSTEM) APPLIES TO MOTOR VEHICLES EQUIPPED WITH SAFETY BELTS, TO MAKE IT UNLAWFUL TO LEAVE A CHILD UNATTENDED WHILE SECURED IN A CHILD RESTRAINT SYSTEM, AND TO MAKE IT UNLAWFUL TO OPERATE A TRAIN AT AN EXCESSIVE SPEED; AND TO REPEAL SECTIONS 56-1-1050 THROUGH 56-1-1080 RELATING TO JUDICIAL PROCEEDINGS FOR A HABITUAL OFFENDER.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 1891J).
Amend the bill, as and if amended, by striking all after the enacting words 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) In 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 before eight o'clock p.m.;. Any person sixteen 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 to 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 section.
Anyone who currently on the effective date of this act is at least fifteen years of age and possesses a valid restricted license is exempted from the requirement of attending or completing a driver training course to be eligible for a regular license at age sixteen."
SECTION 2. Section 56-1-40 of the 1976 Code is amended to read:
"Section 56-1-40. The Department department shall not issue any motor vehicle driver's license under this article to:
(1) Any any person who is under sixteen seventeen years of 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; except that the Department department may issue a beginner's or instruction permit as provided in Sections Section 56-1-50 and 56-1-60 to any person who is at least fifteen years of age and except that the Department department may issue a special restricted driver's license to any person who is at least fifteen years old and less than sixteen years of age as provided in Section 56-1-180;
(2) Any any person whose license has been suspended during such the suspension or any person whose license has been revoked, except as otherwise provided for in this article;
(3) Any any person who is an habitual drunkard, an habitual user of narcotic drugs or an habitual user of any other drug to a degree which renders him incapable of safely driving a motor vehicle;
(4) Any any person who has previously been adjudged previously to be afflicted with or suffering from any mental disability or mental disease and who has not at the time of application been restored to competency by methods provided by law;
(5) Any any person who is required by this article to take an examination, unless such the person shall have has successfully passed such the examination;
(6) Any any person who is required under the laws of this State to deposit proof of financial responsibility and who has not deposited such the proof; or
(7) Any any other person who may not be issued a license as otherwise provided by the laws of this State."
SECTION 3. Section 56-1-50 of the 1976 Code is amended to read:
"Section 56-1-50. Any person who is at least fifteen years of age may apply to the Department department for a beginner's permit. The Department department may, after the applicant has successfully passed all parts of the examination other than the driving test, may issue to the applicant a beginner's permit which shall entitle entitles the applicant having such the permit in his immediate possession to drive a motor vehicle upon the public highways for a period of not more than six months. While so driving, such the permittee must be accompanied by a licensed driver twenty-one years of age or older who has had at least one year of driving experience, and who is occupying a seat beside the driver, except in the event the permittee is operating a motorcycle. any beginner's permit Beginners' permits may be renewed or a new permit permits issued for additional periods of six months, but. Except for persons who do not satisfy the minimum age requirements for a special restricted driver's license or a regular driver's license as described in Sections 56-1-40 and 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 age under the conditions provided in Section 56-1-180(B), the Department department may refuse to renew or issue a new permit where the examining officer has reason to believe that the applicant has not made a bona fide effort to pass the required driver's road test or does not appear to the examining officer to have the aptitude to pass such the road test. The fee for every beginner's or renewal permit shall be is two dollars and shall bear thereon the permit must bear the full name, date of birth, residence address, and a brief description of and color photograph of the permittee, and either a facsimile of the signature of the permittee or a space upon which the permittee shall write his usual signature with pen and ink immediately upon receipt of the permit. No permit shall be is valid until it has been so signed by the permittee.
Any student regularly enrolled in a high school of this State which conducts a driver training course shall is not be required to obtain a beginner's permit to operate a motor vehicle while the student is participating in the driver training course and when accompanied by a qualified instructor of the driver training course.
Also exempted from the requirements of the beginner's permit are persons enrolled in driver training courses conducted by driver training schools licensed under Chapter 23 of this title. Provided, however, that such persons shall at all times, but they must be accompanied by an instructor of the school at all times and drive only an automobile owned or leased by the school which is covered by liability insurance in an amount not less than the minimum required by law."
SECTION 4. Section 56-1-440 of the 1976 Code is amended to read:
"Section 56-1-440. Any person who drives a motor vehicle on any public highway of this State without a driver's license in violation of Section 56-1-20 shall be is guilty of a misdemeanor and upon conviction of a first offense must be fined not less than twenty-five fifty dollars nor more than fifty one hundred dollars or imprisoned for thirty days and, upon conviction of a second or subsequent offense, be fined not less than fifty dollars nor more then one five hundred dollars or imprisoned for thirty forty-five days, or both, and for a third and subsequent offense must be imprisoned for not less than forty-five days nor more than six months."
SECTION 5. Section 56-1-1030 of the 1976 Code is amended to read:
"Section 56-1-1030. The Department shall certify the conviction record of any person whose record brings him within the definition of an habitual offender, as defined in this article, to the solicitor of the judicial circuit in which the person resides or to the Attorney General if the person is not a resident of this State. Such record may be admitted as evidence that the person was convicted by the court where the conviction was made for each offense shown by the record. When any person is convicted of one or more of the offenses listed in Section 56-1-1020(a), (b) or (c), the department must review its records for that person. If the department's review of its records shows that the person is an habitual offender as defined in Section 56-1-1020, the department must institute agency proceedings in accordance with the Administrative Procedures Act to revoke or suspend the person's driver's license. If after appropriate proceedings the department finds the person to be an habitual offender, the department shall direct the person not to operate a motor vehicle on the highways of this State and to surrender his driver's license or permit to the department."
SECTION 6. Section 56-1-1090 of the 1976 Code is amended to read:
"Section 56-1-1090. No license to operate motor vehicles in this State shall may be issued to an habitual offender nor shall a nonresident habitual offender operate a motor vehicle in this State:
(a) For for a period of five years from the date of the order of the court finding the person to be an habitual offender a final decision by the department that a person is an habitual offender and if upon appeal the finding is sustained by a court unless the period is reduced to two years as permitted in item (c);
(b) Until until such the time as financial responsibility requirements are met;
(c) Until until upon petition, and for good cause shown, the court department may restore to the person the privilege to operate a motor vehicle in this State upon such terms and conditions as the court department may prescribe, subject to other provisions of law relating to the issuance of drivers' licenses. The petition permitted by this item may be filed after a period of one year has expired from the date of the decision of the department finding the person to be an habitual offender. At this time and after hearing, the court in its discretion department may reduce the five-year period of item (a) to a two-year period for good cause shown. If the two-year period is granted, it shall must run from the date of the original order final decision of the department. If the two-year period is not granted, no petition may be again filed until after a period of five years has expired from the date of the original order decision of the department."
SECTION 7. Section 56-1-1100 of the 1976 Code is amended to read:
"Section 56-1-1100. It shall be is unlawful for any person to operate any motor vehicle in this State while the judgment of the court decision of the department prohibiting the operation remains in effect. Any person found to be an habitual offender under the provisions of this article, who is thereafter convicted of operating a motor vehicle in this State while the judgment decision of the court department prohibiting such the operation is in effect, shall be is guilty of a misdemeanor and shall must be imprisoned for not less than one year nor more than five years.
For the purpose of enforcing this section, in any case in which the accused is charged with driving a motor vehicle while his driver's license or permit is suspended or revoked or is charged with driving without a license, the court department before hearing such the charges shall require the solicitor or Attorney General to determine whether such the person has been adjudged an habitual offender and by reason of such judgment is barred from operating a motor vehicle on the highways of this State. If the person is found to be an habitual offender the department shall notify the solicitor or Attorney General determines that the accused has been so held, and he shall cause the appropriate criminal charges to be lodged against the accused offender."
SECTION 8. Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-2941. At the time of arrest for a violation of Section 56-5-2930, the arresting officer shall take the driver's license of the defendant into his possession and issue a summons to the defendant. The summons serves as an authorization for the defendant to operate a motor vehicle until the date of the court proceeding when the offense is heard. The summons must be kept in the defendant's possession when operating a motor vehicle during the period from the time of arrest to disposal of the case. Failure to have the summons in the defendant's possession is punishable in the same manner as is failure to have a driver's license in possession while operating a motor vehicle.
The arresting officer shall bring the defendant's driver's license to the court proceeding. If the defendant is convicted of, pleads guilty or nolo contendere to, or forfeits bail posted for this offense, the arresting officer shall surrender immediately the driver's license to the court upon the verdict, plea, or forfeiture. The required suspension or revocation period begins upon the surrender, 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. The court shall forward the driver's license along with notice of the offense to the department or to another appropriate agency if the person's license is not a South Carolina license on the day of disposal of the case, and the department shall notify the defendant in the manner required by law of the suspension or revocation except that the effective date of the suspension or revocation must be the date of the verdict, plea, or forfeiture. If the defendant is found innocent or the charge is dismissed, his driver's license must be returned to him.
Any court-approved change of the date on which the court proceeding is to be heard in order to extend the defendant's driving privileges, must be in writing, sufficiently identify the defendant and the summons, cite the new court hearing date, and be signed by the judge of the court approving the change. The written change of date for the court proceeding and the original summons must be kept in the defendant's possession when operating a motor vehicle. Failure to have the written change of date for the court proceeding and the original summons in the defendant's possession is punishable in the same manner as is failure to have a driver's license in possession while operating a motor vehicle."
SECTION 9. Section 56-1-720 of the 1976 Code is amended to read:
"Section 56-1-720. There is hereby established a point system for the evaluation of the operating record of persons to whom a license to operate motor vehicles has been granted and for the determination of the continuing qualifications of such these persons for the privileges granted by such the license to operate motor vehicles. The system shall have has as its basic element a graduated scale of points assigning relative values to the various violations in accordance with the following schedule:
VIOLATION POINTS
Reckless driving 6
Passing stopped school bus 6
Hit-and-run, property damages only 6
Driving too fast for conditions, or speeding:
(1) No more than 10 m.p.h. above the posted limits 2
(2) More than 10 m.p.h. above the posted limits 4
Disobedience of any official traffic control device 4
Disobedience to officer directing traffic 4
Failing to yield right of way 4
Driving on wrong side of road 4
Passing unlawfully 4
Turning unlawfully 4
Driving through or within safety zone 4
Failing to give signal, or giving improper signal
for stopping, turning or suddenly decreased speed 4
Shifting lanes without safety precaution 2
Improper dangerous parking 2
Following too closely 4
Failing to dim lights 2
Operating with improper lights 2
Operating with improper brakes 4
Operating a vehicle in unsafe condition 2
Driving in improper lane 2
Improper backing 2."
SECTION 10. The last two paragraphs of Section 56-5-1520 of the 1976 Code, as last amended by Act 189 of 1987, are further amended to read:
"(d) Any person violating the speed limits herein established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:
(1) in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than five fifteen dollars nor more than twenty-five dollars or imprisoned for not more than ten days;
(2) in excess of ten miles an hour but less than twenty-five fifteen miles an hour above the posted limit by a fine of not less than ten twenty-five dollars nor more than fifty dollars or imprisoned for not more than twenty days; and
(3) in excess of fifteen miles an hour but less than twenty-five m.p.h. above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and
(4) in excess of twenty-five miles an hour above the posted limit by a fine of not less than twenty-five seventy-five dollars nor more than one two hundred dollars or imprisoned for not less than ten days nor more than thirty days.
(e) Any citation for violating the speed limits issued by any authorized officer shall must note thereon on it the rate of speed for which the citation is issued.
(f) Five dollars of the fines listed in subsection (d)(3) and (4) must be credited to the State Highway Fund. In expending the funds credited to the State Highway Fund under subsection (d), the department first shall consider the need for additional highway patrolmen."
SECTION 11. (A) Section 56-5-2940(2), (3), (4), and (5) of the 1976 Code are amended to read:
"(2) By a fine of not less than one two thousand dollars nor more than five thousand dollars and imprisonment for not less than forty-eight hours nor more than one year for the second offense; provided, that 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. In lieu of service of imprisonment the court may require that the individual complete an appropriate term of public service employment of not less than ten days upon such terms and conditions as the court deems considers proper;
(3) By a fine of not less than two thousand three thousand, five hundred dollars nor more than six thousand dollars and imprisonment for not less than sixty days nor more than three years, for the third offense;
(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 the fourth offense Imprisonment for not less than one year nor more than five years for a fourth offense or subsequent offense;
(5) Imprisonment for not less than one year nor more than five years for a fifth offense or subsequent offense."
(B) The third paragraph of Section 56-5-2940 of the 1976 Code is amended to read:
"Nothing herein shall prohibit the court from suspending all or part of the monetary fines, except for first offense. The fine for a first offense may not be suspended. The court is prohibited from suspending a monetary fine below that of the next preceding minimum monetary fine."
SECTION 12. Section 56-5-4100 of the 1976 Code is amended to read:
"Section 56-5-4100. (A) No vehicle shall may be driven or moved on any public highway unless such the vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom from the vehicle, except that sand, salt, or other chemicals may be dropped for the purpose of securing traction, and water or other substance may be sprinkled on a roadway in the cleaning or maintaining of such the roadway by public authority having jurisdiction.
(B) Trucks, trailers, or other vehicles when loaded with rock, gravel, stone, or other similar substances which could blow, leak, sift, or drop must not be driven or moved on any highway unless the height of the load against all four walls does not extend above a horizontal line six inches below their tops when loaded at the loading point; or, if the load is not level, unless the height of the sides of the load against all four walls does not extend above a horizontal line six inches below their tops, and the highest point of the load does not extend above their tops, when loaded at the loading point; or, if not so loaded, unless the load is securely covered by tarpaulin or some other suitable covering; or unless it is otherwise constructed so as to prevent any of its load from dropping, shifting, leaking, blowing, or otherwise escaping from the vehicle. This subsection also includes the transportation of garbage or waste materials to locations for refuse in this State.
(C) Any person operating a vehicle from which any glass or objects have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such the public highway, shall immediately shall cause the public highway to be cleaned of all such glass or objects and shall pay any costs therefor for the cleaning.
(D) Any person who violates the provisions of subsection (B) or (C) is guilty of a misdemeanor and, upon conviction, must be fined fifty dollars for the first offense and one hundred dollars for each subsequent offense.
(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 or of tobacco, forest products, or textile products."
SECTION 13. Section 56-5-4450 of the 1976 Code is amended to read:
"Section 56-5-4450. Every vehicle upon a street or highway within this State at any time from a half hour after sunset to a half hour before sunrise, when inclement weather or environmental factors severely reduce the ability to discern persons and vehicles on the street or highway, and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the street or highway at a distance of five hundred feet ahead shall display lighted lamps and illuminating devices, excluding parking lights, as herein respectively required in this article for different classes of vehicles, subject to exceptions with respect to parked vehicles as hereinafter stated provided in this article.
Any person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars."
SECTION 14. Until January 1, 1989, any person who fails to display the lights of a vehicle he is operating when lights are required by Section 56-5-4450 of the 1976 Code due to inclement weather or environmental factors may be issued only a warning ticket.
SECTION 15. Section 56-5-5015 of the 1976 Code is amended to read:
"Section 56-5-5015. No person shall sell any new motor vehicle nor shall any new motor vehicle be registered if the front windshield or any front door glass in the vehicle is transparent from only one side.
The driver or any vehicle with glass installed in the windshield or front windows which is transparent from only one side shall immediately stop and roll down the front windows when apprehended by a highway patrolman or any other commissioned law enforcement officer.
Nothing in this section shall be construed to make illegal the operation or sale of any motor vehicle the windshield or windows of which are composed of, covered by or treated with any material, substance, system or component with which such motor vehicle was sold when new or could have been equipped for sale when new as standard or optional equipment under the United States Government statue or regulation governing such sale at the time of manufacture.
Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than two hundred dollars or be imprisoned for not more than thirty days. Safety Standard No. 205 (Glazing Materials) of the National Highway Traffic Safety Administration (standard) is adopted by reference.
The provisions of the standard apply to an individual and he is prohibited from tinting or glazing the windows of his motor vehicle to an extent that it does not comply with the Standard or which reduces light transmittance to less than seventy percent.
This section does not apply to the windshields or windows of a vehicle that is used by a person who, for medical reasons must have protection from the rays of the sun to a greater extent than windows or windshields complying with this section would provide. The medical reasons must be attested to by a licensed physician and noted on the registration card for the vehicle."
SECTION 16. The provisions of Section 56-5-5015 apply to all vehicles manufactured after the effective date of this act. The provisions of Section 56-5-5015 apply to all other vehicles three years from the effective date of this act.
SECTION 17. Section 56-5-750 of the 1976 Code is amended to read:
"Section 56-5-750. In the absence of mitigating circumstances, it is It shall be unlawful for any motor vehicle driver, while driving on any road, street, or highway of the State, to fail to stop when signaled by any law enforcement vehicle by means of a siren or flashing light. Any attempt to increase the speed of a vehicle or in other manner avoid the pursuing law enforcement vehicle when signaled by a siren or flashing light shall constitute is prima facie evidence of a violation of this section. Failure to see the flashing light or hear the siren shall does not excuse a failure to stop when the distance between the vehicles and other road conditions are such that it would be reasonable for a driver to hear or see the signals from the law enforcement vehicle. Any person who violates the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not less than five hundred dollars or imprisoned for not less than ninety days and in the discretion of the judge his driver's license may be suspended for a period not to exceed one year. Any motorist who wilfully fails to stop when signaled by a law enforcement officer shall have his license suspended for at least thirty days."
SECTION 18. Section 59-67-420 of the 1976 Code is amended to read:
"Section 59-67-420. It is declared to be the policy of the State The State, acting through the State Board of Education, to assume assumes no obligation to transport any child to or from school who lives within one and one-half miles of the school he attends, nor to provide transportation services extending within a one-half mile radius of the residence of any child, nor to furnish transportation for any child who attends a grade in a school outside the pupil's district when the same grade is taught in an appropriate school that is located within the school district in which the pupil lives. The cost of transporting pupils to regularly organized instructional classes in the district or attendance area for which school credit is given must be borne by the State. The cost of transportation for new programs conducted by the school districts must be borne by the school district until such time as the program is approved by the State Board of Education and adequate funding for the cost of transportation for the programs is arranged.
Notwithstanding the policy stated in the above paragraph, the The State may assume the obligation of transporting students living within one and one-half miles of their schools and within a one-half mile radius of their residences when it is for the health and safety of the children. In these cases, the local school district may apply in writing to the State Department of Education for the department to assume the transportation for the health and safety of the children involved. In its application, local school districts shall assign priority to its requests for transportation on the basis of children's ages, with the youngest children subject to hazardous conditions receiving the highest priorities. After examining the request, the State Department shall render a decision on each application based on the location of the schools in relation to students' homes, the traffic patterns on adjacent roads, the existence of sidewalks, children's ages, and other factors as may be considered pertinent. The state department shall not approve local district applications that have not assigned priority on the basis of children's ages, with the youngest children receiving highest priority.
Notwithstanding the policy in Regardless of the provisions of the first paragraph of this section, the State shall transport and bear the cost of transporting five-year old children attending public school kindergarten programs to their residences at the conclusion of a morning kindergarten session and from their residences to an afternoon kindergarten session."
SECTION 19. Section 56-5-6410 of the 1976 Code is amended to read:
"Section 56-5-6410. Every driver of a motor vehicle (passenger car, pickup truck, van, or recreational vehicle) registered in this State or primarily operated on the highways and streets of this State when transporting a child under four six years of age upon the public streets and highways of the State must shall provide an appropriate child passenger restraint system and must shall secure the child as follows:
(1) Any child less than one year of age must be properly secured in a child restraint system which meets the standards prescribed by the National Highway Traffic Safety Administration.
(2) Any child under four years of age when transported in the front seat must be properly secured in a child restraint system meeting standards prescribed by the National Highway Traffic Safety Administration.
(3) Any child four until six years of age when transported in the front seat must be secured by a safety belt provided in the motor vehicle.
(4) Any child one year through three of age or more and under six years of age when transported in a rear seat must be properly secured in a child restraint system which meets the standards prescribed by the National Highway Traffic Safety Administration unless the child is secured by a safety belt provided in the motor vehicle.
Any child restraint system of a type sufficient to meet the physical standards prescribed by the National Highway Traffic Safety Administration at the time of its manufacture is sufficient to meet the requirements of this article."
SECTION 20. Section 56-5-6420 of the 1976 Code is amended to read:
"Section 56-5-6420. If all the seating positions with restraint devices are occupied by children age three and under the age of six years, a child may be transported and the driver of the motor vehicle shall is not be in violation of the provisions of this article, but priority must be given to children age three and under the age of six years, according to their ages."
SECTION 21. Section 56-5-6430 of the 1976 Code is amended to read:
"Section 56-5-6430. The provisions of this article do not apply if a child being transported is being fed, has a physical impairment, or a medical problem, or any distress which makes it impractical to use a child restraint system. Alternate restraint protection, such as the vehicle safety belt belts, must be utilized if possible."
SECTION 22. The 1976 Code is amended by adding:
"Section 56-5-6445. The provisions of this article apply to all motor vehicles equipped with safety belts."
SECTION 23. Section 56-9-340 of the 1976 Code is amended to read:
"Section 56-9-340. Any person (a) whose license and registration has been suspended as provided in this chapter, (b) whose policy of insurance or bond, when required under this chapter, has been canceled or terminated, or (c) who has neglected to furnish other proof upon request of the Department department shall immediately return his license and registration to the Department department. If any person shall fail fails to return to the Department department his license or registration as provided in this section, the Department department may secure possession thereof by a commissioned highway patrolman.
Any person wilfully failing to return his license or registration as required in this section shall be fined one hundred dollars or imprisoned thirty days for a first offense must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days and, upon conviction of a second offense, be fined two hundred fifty dollars or imprisoned for sixty days, or both, and for a third and subsequent offenses must be imprisoned for not less than forty-five days nor more than six months.
Only convictions which occurred within five years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section."
SECTION 24. Section 56-10-240 of the 1976 Code is amended to read:
"Section 56-10-240. If, during the period for which it is licensed, a motor vehicle is or becomes an uninsured motor vehicle, then the vehicle owner shall immediately shall obtain insurance on the vehicle or within five days after the effective date of cancellation or expiration of his liability insurance policy surrender the motor vehicle license plates and registration certificates issued for the motor vehicle. When a motor vehicle is or becomes an uninsured motor vehicle, the insurer shall give written notice within ten days, in addition to that notice previously given in accordance with law, by delivery under United States Post Office Certificate of Mailing to the Department department of the cancellation or refusal to renew. The Department department may not thereafter reissue registration certificates and license plates for the vehicle until such time as satisfactory evidence has been filed by the owner that the vehicle is insured. Upon receiving information to the effect that a policy is canceled or otherwise terminated on any motor vehicle registered in South Carolina, then the Department department shall suspend the license plates and registration certificate and shall initiate such action as may be required within fifteen days of such the notice of cancellation to pick up the license plates and registration certificate. Any person who has had his license plates and registration certificate suspended by the Department department, but who at the time of such suspension does possess liability insurance coverage sufficient to meet the financial responsibility requirements as set forth in this chapter, has the right to immediately appeal such the suspension to the Chief Insurance Commissioner. If the Chief Insurance Commissioner determines that such the person does have has sufficient liability insurance coverage, the Chief Insurance Commissioner shall notify the Department department and the suspension must be is immediately voided immediately. The Department department shall give notice by first class mail of such the cancellation or suspension of registration privileges to the vehicle owner at his last known address. However, when license plates are surrendered pursuant to this section, they must be held at the Department of Highways and Public Transportation department office in the county where the person who surrenders such the plates resides.
In the event If the vehicle owner refuses to surrender the suspended items as required in this article, the Department department may through its duly designated agents or by request to any county or municipal law enforcement agency may take possession of the suspended license plates and registration certificate and may not thereafter reissue the registration until proper proof of liability insurance coverage is provided and until the owner has paid a reinstatement fee in the amount of twenty-five dollars.
Any person wilfully failing to return his motor vehicle license plates and registration certificates as required in this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days and, upon conviction of a second offense. be fined two hundred fifty dollars or imprisoned for sixty days, or both, and for a third and subsequent offenses must be imprisoned for not less than forty-five days nor more than six months.
Only convictions which occurred within five years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section."
SECTION 25. Section 56-10-260 of the 1976 Code is amended to read:
"Section 56-10-260. Any person knowingly making a false certificate as to whether a motor vehicle is an insured motor vehicle or presenting to the Department department false evidence that any motor vehicle sought to be registered is insured is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty one hundred dollars nor more than one two hundred dollars or imprisoned for not less than ten days nor more than thirty days and, upon conviction of a second offense, be fined two hundred fifty dollars or imprisoned for sixty days, or both, and for a third and subsequent offenses must be imprisoned for not less than forty-five days nor more than six months. Only convictions which occurred within five years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section. The Department department shall deny, for a period of six months, registration of any motor vehicle for which a false certificate or false evidence is presented that the vehicle is insured and shall revoke, and may not thereafter reissue for a period of six months, the driver's license of any person making such a false certificate or offering such false evidence, and then only when all other provisions of law have been complied with by such that person."
SECTION 26. Section 56-10-270 of the 1976 Code is amended to read:
"Section 56-10-270. (a) Any person knowingly operating an uninsured motor vehicle subJect to registration in this State or any person knowingly allowing the operation of an uninsured motor vehicle subject to registration in this State is guilty of a misdemeanor and, upon conviction, must be fined not less more than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days and, upon conviction of a second offense, be fined two hundred fifty dollars or imprisoned for sixty days, or both, and for a third and subsequent offenses must be imprisoned for not less than forty-five days nor more than six months. Only convictions which occurred within five years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section. An uninsured motor vehicle includes an insured vehicle with respect to which the operator has been excluded from coverage pursuant to the provisions of Section 56-10-60.
(b) The Department department upon receipt of information to the effect that any person has been duly convicted of violating subsection (a) of this section shalL suspend the driving privilege and all license plates and registration certificates issued in such the person's name for a period of thirty days and may not reinstate such that person's privileges until such time as proof of financial responsibility has been filed."
SECTION 27. Section 56-10-250 of the 1976 Code is amended to read:
"Section 56-10-250. It is unlawful for any vehicle owner to sell or otherwise dispose of any motor vehicle, for which the registration and license plates have been suspended, to any member of his family residing in the same household. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days and, upon conviction of a second offense, be fined two hundred fifty dollars or imprisoned for sixty days, or both, and for a third and subsequent offenses must be imprisoned for not less than forty-five days nor more than six months. Only convictions which occurred within five years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section."
SECTION 28. Section 56-3-1230 of the 1976 Code is amended to read:
"Section 56-3-1230. License plates shall must 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 department may be deemed considers advisable, so as to indicate the class of the weight of the vehicle for which the license plate was issued. The plate shall must be of such a strength and quality that the plate shall provide provides a minimum service period of five years. Every five years a new license plate shall must be provided by the Department department for issuance, except that license plates issued for vehicles in excess of twenty-four thousand pounds shall must be issued annually and no revalidation sticker shall may 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 them.
The face of the license plate to be displayed shall must be treated completely or otherwise as specified by the department with a retroreflective material which will increase increases the night-time visibility and legibility of the plate. The Department department, through its engineering and safety facilities, shall prepare the specifications which such the retroreflective material shall meet.
In those years in which a metal plate is not issued, a revalidation sticker with a distinctive serial number shall must be issued and affixed in the space provided on the license plate assigned to the vehicle."
SECTION 29. 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 of 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 regulations necessary to enforce this provision."
SECTION 30. 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."
SECTION 31. 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), the persons 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 (P) 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 deliver it immediately to the head of his law enforcement agency or his authorized agent who shall notify the clerk of court within forty-eight hours of the 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. Forfeiture of a vehicle is 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 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 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, 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.
SECTION 32. The 1976 Code is amended by adding:
"Section 56-5-6250. 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."
SECTION 33. Section 56-5-2990 of the 1976 Code is amended to read:
"Section 56-5-2990. The Department 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 fifty dollars for assessment, $100.00 one hundred dollars for education services, and $250.00 two hundred fifty dollars 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 commission. If the applicant is unsuccessful in the Alcohol and Drug Safety Action Program the Department department may restore the privilege to operate a motor vehicle upon the recommendation of the Medical Advisory Board as utilized by the Department department if it determines public safety and welfare of the petitioner may not be endangered.
The Department department and the Commission 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 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 violation of the traffic and licensing laws during the time of revocation."
SECTION 34. 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."
SECTION 35. 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."
SECTION 36. 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."
SECTION 37. 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) 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."
SECTION 38. Sections 56-1-1040, 56-1-1050, 56-1-1060, 56-1-1070, and 56-1-1080 of the 1976 Code are repealed.
SECTION 39. This act takes effect July 30, 1988./
Amend title to conform.
Rep. BEASLEY explained the amendment.
Reps. AYDLETTE, ARTHUR and GREGORY objected to the Bill.
The following Bill was taken up.
H. 3572 -- Reps. T.C. Alexander, M.O. Alexander, Neilson, Petty and C. Bailey: A BILL TO AMEND SECTION 56-10-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS ON INSURERS AND MOTOR VEHICLE OPERATORS WHEN A MOTOR VEHICLE IS NOT INSURED AS REQUIRED BY LAW, SO AS TO INCREASE FROM TWENTY-FIVE TO ONE HUNDRED DOLLARS THE REINSTATEMENT FEE FOR VEHICLE REGISTRATION AFTER THE REGISTRATION OF A VEHICLE IS SUSPENDED FOR FAILURE TO MAINTAIN INSURANCE ON THE VEHICLE.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 1635J), which was adopted.
Amend the bill, as and if amended, by striking Section 1 and inserting:
/SECTION 1. The first two paragraphs of Section 56-10-240 of the 1976 Code are amended to read:
/Section 56-10-240. If, during the period for which it is licensed, a motor vehicle is or becomes an uninsured motor vehicle, then the vehicle owner shall immediately obtain insurance on the vehicle or within five days after the effective date of cancellation or expiration of his liability insurance policy surrender the motor vehicle license plates and registration certificates issued for the motor vehicle. When a motor vehicle is or becomes an uninsured motor vehicle, the insurer shall give written notice within ten days, in addition to that notice previously given in accordance with law, by delivery under United States Post Office Certificate of Mailing to the Department of the cancellation or refusal to renew. The Department may not thereafter reissue registration certificates and license plates for the vehicle until such time as satisfactory evidence has been filed by the owner that the vehicle is insured. Upon receiving information to the effect that a policy is cancelled or otherwise terminated on any motor vehicle registered in South Carolina, then the Department shall suspend the license plates and registration certificate and shall initiate such action as may be required within fifteen days of such the notice of cancellation to pick up the license plates and registration certificate. Any person who has had his license plates and registration certificate suspended by the Department, but who at the time of such the suspension does possess liability insurance coverage sufficient to meet the financial responsibility requirements as set forth in this chapter, has the right to may appeal immediately such the suspension to the Chief Insurance Commissioner. If the Chief Insurance Commissioner determines that such the person does have sufficient liability insurance coverage, the Chief Insurance Commissioner shall notify the Department and the suspension must be immediately voided. The Department shall give notice by first class certified mail, return receipt requested, of such the cancellation or suspension of registration privileges to the vehicle owner at his last known address. However, when license plates are surrendered pursuant to this section, they must be held at the Department of Highways and Public Transportation office in the county where the person who surrenders such plates resides.
In the event If the vehicle owner refuses to surrender the suspended items as required in this article, the Department may through its duly designated agents or by request to any county or municipal law enforcement agency take possession of the suspended license plates and registration certificate and may not thereafter reissue the registration until proper proof of liability insurance coverage is provided and until the owner has paid a reinstatement fee in the amount of twenty-five one hundred dollars./
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3577 -- Reps. Gregory, White, Short, Fair and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-79-20 SO AS TO REQUIRE MEDICAL MALPRACTICE INSURANCE CARRIERS TO FILE FINAL JUDGMENTS, SETTLEMENTS, AGREEMENTS, AND AWARDS WITH LICENSING BOARDS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 1590J), which was adopted.
Amend the bill, as and if amended, Section 38-79-20, as contained in SECTION 1, by adding before the quotes at the end: /all information relative to parties involved is and shall remain confidential./
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3596 -- Reps. Rudnick, Faber and Whipper: A BILL TO PROVIDE THAT ANY LICENSED DRIVER WHO HAS ACCUMULATED NO MORE THAN TWO POINTS ON HIS MOTOR VEHICLE OPERATING RECORD FOR THE PRECEDING FOUR YEARS IS ELIGIBLE TO PURCHASE AUTOMOBILE LIABILITY INSURANCE AT THE LOWEST RATES AVAILABLE UNDER THE APPLICABLE RISK CLASSIFICATION SYSTEM.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6349K), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. A licensed driver in this State who has accumulated no more than two points on his motor vehicle operating record pursuant to Article 3, Chapter 1, Title 56 of the 1976 Code for the four three preceding years is eligible to purchase automobile liability insurance at the lowest rates available under the applicable risk classification system.
SECTION 2. This act takes effect July 1, 1988.
Rep. J. BrADLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 1867J), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Section 38-75-210(2) of the 1976 Code is amended to read:
"(2) Every such policy, and the manual of rules and rates of every insurer issuing such policies in this State, shall provide that all premiums held by the insurer in respect to that part of the policy term subsequent to the anniversary date of the then current policy year are considered unearned and must be refunded in full if the policy is cancelled, without respect to whether cancellation is effected by the insured or insurer. In the event of cancellation during the first year of the policy term, refund of premium for that portion of the policy term must be on a pro rata basis if cancellation is effected by the insurer or on the short rate basis if cancellation is effected by the insured. In the event of cancellation during the second year of the policy term, refund of that portion of the unearned premium attributable to the second year must be on a pro rata basis if cancellation is effected by the insurer or on the short rate basis if cancellation is effected by the insured, subJect, however, to the provision that the portion of the unearned premium attributable to the third year is considered entirely unearned and must be returned in full regardless of the party responsible for cancellation. In the event of cancellation during the third year of the policy term, refund of that portion of the unearned premium attributable to the third year must be on a pro rata basis if cancellation is effected by the insured."/
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
Rep. J. BRADLEY explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1100 -- Banking and Insurance Committee: 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. 1899J).
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 ln 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.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendment.
S. 546 -- Senators Nell W. Smith, Garrison, Leatherman, Matthews, Waddell, Hayes and Giese: 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. J. BRADLEY moved that the House recur to the morning hour, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
S. 1100 -- Banking and Insurance Committee: 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.
Debate was resumed on Amendment No. 1 by Rep. MAPPUS.
Rep. J. BRADLEY spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. MAPPUS objected to the Bill.
Rep. BLACKWELL moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill.
At 12:58 P.M. the House in accordance with the motion of Rep. BLACKWELL adjourned to meet at 10:00 A.M. tomorrow.
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