Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Rev. Dr. Jim Nelson, Pastor of First Baptist Church in Duncan:
Our Father,
For this day filled with new challenges and opportunities to be Your servant we give You thanks. For the person You are - holy and eternal, yet compassionate and merciful, we praise You. For the glorious work which You have accomplished in creation and redemption through Jesus Christ, we are most grateful. And for this privilege of coming boldly into Thy throne of grace to find grace to help in time of need, we are genuinely thankful.
Father, we do confess our need today and every day for You and Your presence. Though we have good minds, we do not possess all knowledge. Though we seek to understand, we do not possess all wisdom. Though our intentions to be sensitive and caring are good, we do not possess perfection and so we fall short. Therefore, Father, grant us wisdom and knowledge as we wrestle with complex issues and problems. Grant us understanding and compassion as we work with one another. And grant us courage to seek Your will above our own in every aspect of our lives.
Now help those gathered in this chamber to represent their communities, districts, and state with highest integrity and guide all of us to represent You with sincere faith and loving obedience. In Jesus 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 yesterday, the SPEAKER ordered it confirmed.
The following was received.
Columbia, S.C., January 31, 1990
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. 184:
S. 184 -- Senators Passailaigue and Fielding: A BILL TO AMEND SECTION 7-25-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DISTRIBUTION OF CAMPAIGN LITERATURE, SO AS TO REQUIRE THAT NO PERSON MAY DISTRIBUTE CAMPAIGN LITERATURE WITHIN TWO HUNDRED FEET OF THE MAIN ENTRANCE TO THE DOOR NORMALLY USED BY THE VOTERS TO ENTER THE POLLING PLACE INSTEAD OF FROM THE BUILDING IN WHICH A POLLING PLACE IS LOCATED.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., January 31, 1990
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. 125:
S. 125 -- Senators Saleeby, Pope and McConnell: A BILL TO AMEND SECTION 56-10-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTIFICATION TO THE CHIEF COMMISSIONER OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION BY PROVIDERS OF INSURANCE OR SECURITY, SO AS TO REQUIRE THAT NOTIFICATION OF A LAPSE OR TERMINATION MUST BE IN WRITING WHICH MAY BE ACCOMPANIED BY AN ELECTRONIC COMPUTER TAPE CONTAINING THE NOTIFICATION; AND SECTION 56-10-240, AS AMENDED, RELATING TO THE REQUIREMENTS ON INSURERS AND MOTOR VEHICLE OPERATORS WHEN A MOTOR VEHICLE IS NOT INSURED AS REQUIRED BY LAW, SO AS TO PROVIDE FOR THE INSURER WHO GAVE THE CANCELLATION OR REFUSAL TO RENEW NOTICE TO FILE EVIDENCE THAT A VEHICLE IS INSURED BEFORE THE DEPARTMENT REISSUES REGISTRATION CERTIFICATES AND LICENSE PLATES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3223 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT BY THE WORKERS' COMPENSATION COMMISSION OF A DOCTOR TO EXAMINE AN INJURED EMPLOYEE AND TO COMPENSATION, SO AS TO PROVIDE THAT THE PHYSICIAN OR SURGEON MUST BE ALLOWED TRAVELING EXPENSES AND A REASONABLE FEE IN ACCORDANCE WITH A FEE SCHEDULE SET BY THE COMMISSION, RATHER THAN AS FIXED BY THE COMMISSION, TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO PROVIDE THAT THE FEES AND EXPENSES OF THE PHYSICIAN OR SURGEON MUST BE PAID BY THE COMMISSION RATHER THAN THE STATE.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, Rep. KLAPMAN, for the minority, submitted an unfavorable report, on:
H. 4395 -- Reps. McLellan, Sheheen, Winstead and Wilkins: A BILL TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO INCREASE THE MONTHLY RETIREMENT BENEFIT FOR A JUDGE WHO HAS COMPLETED TWENTY-FIVE YEARS OF CREDITED SERVICE.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 1185 -- Senators Courson, Giese, Lourie and Patterson: A CONCURRENT RESOLUTION TO CONGRATULATE HOWARD AND MARGARET TIMBERLAKE OF COLUMBIA IN RICHLAND COUNTY ON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4545 -- Rep. Simpson: A BILL TO AMEND SECTION 56-5-1270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WRITTEN REPORTS OF MOTOR VEHICLE ACCIDENTS AND INVESTIGATIONS, SO AS TO REQUIRE A LAW ENFORCEMENT OFFICER INVESTIGATING A MOTOR VEHICLE ACCIDENT TO PHOTOGRAPH THE SCENE OF THE ACCIDENT AT THE TIME OF THE INVESTIGATION.
Referred to Committee on Education and Public Works.
H. 4546 -- Rep. Sheheen: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CONSOLIDATED COMMUNICATIONS CORPORATION DBA CCOM, INC., IN KERSHAW COUNTY.
On motion of Rep. SIMPSON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4544 -- Rep. Simpson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2735 SO AS TO REQUIRE THE DRIVER OF A MOTOR VEHICLE STOPPING ON A CURVE, CREST OF A HILL, OR OTHER OBSTRUCTION TO VIEW TO PLACE WARNING DEVICES TO WARN OTHER USERS OF THE HIGHWAY OR STREET.
Referred to Committee on Education and Public Works.
H. 4547 -- Ways and Means Committee: A BILL TO AMEND SECTION 12-9-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING REQUIREMENTS FROM CERTAIN PAYMENTS FOR STATE INCOME TAX PURPOSES, SO AS TO PROVIDE THAT THE WITHHOLDING REQUIREMENTS FOR PAYMENTS TO NONRESIDENT TAXPAYERS PERFORMING SERVICES OF A TEMPORARY NATURE DO NOT APPLY TO UTILITIES HIRING OR CONTRACTING WITH NONRESIDENT UTILITIES TO PERFORM SERVICES OF A TEMPORARY NATURE RELATING TO DAMAGE CAUSED BY NATURAL FORCES, AND TO PROVIDE THAT THESE PROVISIONS ARE RETROACTIVE TO DECEMBER 31, 1988.
Without reference.
H. 4548 -- Reps. H. Brown and McBride: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 55 SO AS TO PROVIDE FOR SPECIAL MOTOR VEHICLE LICENSE PLATES FOR PEARL HARBOR SURVIVORS.
Referred to Committee on Education and Public Works.
H. 4549 -- Reps. Huff, Keesley, Neilson, Baxley, Barfield, Haskins, Smith, Rudnick, Townsend, J.W. Johnson, Tucker and McAbee: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO DELETE THE ROLLBACK TAX AND TO IMPOSE A CHANGE OF USE PENALTY IN THE AMOUNT OF TWENTY-FIVE DOLLARS WHEN REAL PROPERTY IS CHANGED FROM AGRICULTURAL USE.
Referred to Committee on Ways and Means.
H. 4550 -- Reps. Huff, Wilkins, Barfield, Haskins, Winstead, Nettles, Cole, J. Bailey, Keesley and Tucker: A BILL TO AMEND SECTION 20-7-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELEASE OF A JUVENILE'S ADJUDICATION RECORD FOR A VIOLENT OFFENSE, SO AS TO PROVIDE FOR THE RELEASE OF THE JUVENILE CRIMINAL RECORD OF A PERSON ADJUDICATED AS A JUVENILE FOR COMMITTING A VIOLENT CRIME INSTEAD OF LIMITING THE RELEASE TO THE RECORD OF ADJUDICATION FOR A VIOLENT CRIME.
Referred to Committee on Judiciary.
H. 4551 -- Reps. Wilkins, Barfield, Huff, Haskins and Keesley: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY PROVISIONS AND PROCEDURES INVOLVING JUVENILE RECORDS AND INFORMATION, SO AS TO PROVIDE FOR THE RELEASE OF CERTAIN INFORMATION TO A VICTIM OF A VIOLENT CRIME ABOUT THE JUVENILE CHARGED WITH THE CRIME.
Referred to Committee on Judiciary.
H. 4552 -- Reps. Rama, Keegan, Ferguson, Fant, Waites, Keyserling, J. Bailey, Gregory, Farr, D. Williams, Jaskwhich and Whipper: A BILL TO AMEND SECTION 59-63-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWING CORPORAL PUNISHMENT IN THE PUBLIC SCHOOLS OF THIS STATE, SO AS TO PROHIBIT CORPORAL PUNISHMENT, PROVIDE EXCEPTIONS, AND DEFINE "CORPORAL PUNISHMENT".
Referred to Committee on Education and Public Works.
H. 4553 -- Reps. Rudnick and Smith: A BILL TO AMEND SECTION 2-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRINTING AND DISTRIBUTION OF ACTS, SO AS TO PROVIDE THAT COPIES OF ACTS MUST BE PROVIDED TO COUNTY ATTORNEYS.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Barfield Baxley Beasley Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Bruce Burch Burriss, T.M. Carnell Chamblee Cole Cooper Corbett Cork Davenport Derrick Elliott Faber Fair Fant Farr Felder Ferguson Foster Glover Gordon Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Lanford Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Nesbitt Nettles Phillips Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Stoddard Taylor Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on February 1, 1990.
George H. Bailey Howell Clyborne Roland S. Corning Mike Jaskwhich John J. Snow C. Lenoir Sturkie Dell Baker Edward Bennett Robert Hayes Mickey Burriss Rick Quinn Robert Barber Larry Gentry Denny W. Neilson Tom Limehouse
LEAVES OF ABSENCE
The SPEAKER granted Rep. TOWNSEND a leave of absence for the day.
The SPEAKER granted Rep. BARBER a temporary leave of absence.
Reps. T.M. BURRISS, GLOVER and McELVEEN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, January 31, 1990.
Announcement was made that Dr. Richard M. Carter is the Doctor of the Day for the General Assembly.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4181 -- Rep. Farr: A BILL TO AUTHORIZE THE UNION COUNTY BOARD OF SCHOOL TRUSTEES TO CHARGE AND COLLECT MATRICULATION AND INCIDENTAL FEES.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 668 -- Senators Rose and McConnell: A BILL TO AMEND CHAPTER 101, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF ANY PHYSICIAN OR OTHER EMPLOYEE OF A MEDICAL SCHOOL OF THE STATE OF SOUTH CAROLINA, SO AS TO PROVIDE THAT ANY COMPENSATION OF A PHYSICIAN OR OTHER EMPLOYEE OF THE STATE OF SOUTH CAROLINA SHALL BE APPROVED IN ADVANCE ANNUALLY BY THE PRESIDENT OR THE BOARD OF TRUSTEES OF THAT MEDICAL SCHOOL AND TO PROVIDE THAT COMPENSATION SHALL INCLUDE ALL REMUNERATION, OBTAINED THROUGH A PROFESSIONAL SERVICE ORGANIZATION OR OTHERWISE, WITH USE OF PUBLICLY OWNED FACILITIES, EQUIPMENT OR SUPPLIES.
Rep. KIRSH moved to adjourn debate upon the following Bill until Tuesday, February 6, which was adopted.
H. 3848 -- Education and Public Works Committee: A BILL TO AMEND SECTIONS 56-1-40 AND 56-1-180, RELATING TO ISSUANCE OF DRIVERS' LICENSES AND SPECIAL RESTRICTED LICENSES, SO AS TO INCREASE THE AGE WHEN A PERSON MAY OBTAIN A LICENSE FROM SIXTEEN TO SIXTEEN YEARS AND SIX MONTHS OR OBTAIN A SPECIAL RESTRICTED LICENSE FROM FIFTEEN YEARS TO FIFTEEN YEARS AND SIX MONTHS AND TO REQUIRE A REPORT ON THE EFFECT OF THE AGE INCREASE; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO INCREASE THE PENALTIES FOR EXCEEDING THE LIMITS AND TO PROVIDE THAT THE PENALTY FOR EXCEEDING THE POSTED LIMIT BY THIRTY MILES AN HOUR OR MORE INCLUDES A DRIVER'S LICENSE SUSPENSION FOR THIRTY DAYS, AND TO PROVIDE THAT A PORTION OF FINES FOR SPEEDING PAID TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MUST BE USED FOR MORE EXTENSIVE PATROL OF SECONDARY ROADS AND FOR ADDITIONAL HIGHWAY SAFETY PROGRAMS; TO AMEND SECTION 56-1-720, AS AMENDED, RELATING TO THE POINT SYSTEM FOR VIOLATIONS OF MOVING VIOLATIONS, SO AS TO PROVIDE A SIX-POINT ASSESSMENT FOR DRIVING THROUGH, AROUND, OR UNDER A CLOSED RAILROAD CROSSING GATE OR BARRIER; TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO UNIFORM TRAFFIC TICKETS, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL PROMULGATE PROCEDURES RELATIVE TO THEM; TO AMEND SECTION 56-5-6190, RELATING TO THE GENERAL PENALTY FOR VIOLATIONS OF TRAFFIC REGULATIONS, SO AS TO INCREASE THE FINE PENALTY FROM NOT MORE THAN ONE HUNDRED DOLLARS TO NOT MORE THAN TWO HUNDRED DOLLARS; TO AMEND SECTION 56-1-1020, RELATING TO HABITUAL OFFENDERS, SO AS TO PROVIDE AS A GROUND FOR DECLARING A PERSON A HABITUAL OFFENDER, DRIVING UNDER SUSPENSION FOR FAILURE TO FILE PROOF OF FINANCIAL RESPONSIBILITY; TO AMEND SECTION 56-10-270, AS AMENDED, RELATING TO THE UNLAWFUL OPERATION OF AN UNINSURED MOTOR VEHICLE, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTIONS 56-9-340, 56-10-240, AND 56-10-260, ALL AS AMENDED, RELATING TO RETURN OF LICENSE PLATES AND REGISTRATIONS FOR NONCOMPLIANCE WITH THE FINANCIAL RESPONSIBILITY ACT AND MAKING FALSE CERTIFICATION IN REGARD TO INSURANCE, SO AS TO INCREASE THE PENALTY FOR FAILURE TO RETURN THEM AND FOR FALSE CERTIFICATION, TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS, TO PROVIDE THAT THE INSURER GIVE NOTICE OF CANCELLATION OR EXPIRATION OF LIABILITY INSURANCE COVERAGE IN ANOTHER MANNER ACCEPTABLE TO THE DEPARTMENT IN ADDITION TO CERTIFIED MAIL, AND PROVIDE THAT THE DEPARTMENT MUST GIVE NOTICE OF CANCELLATION OR SUSPENSION OF REGISTRATION PRIVILEGES TO THE VEHICLE OWNER BY FIRST CLASS INSTEAD OF CERTIFIED MAIL; TO AMEND SECTION 56-10-250, RELATING TO SELLING TO A FAMILY MEMBER A MOTOR VEHICLE WHOSE REGISTRATION AND LICENSE PLATES HAVE BEEN SUSPENDED, SO AS TO INCREASE PENALTIES FOR VIOLATIONS AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTION 56-1-350, RELATING TO RETURN TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OF SUSPENDED, CANCELLED, OR REVOKED DRIVERS' LICENSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 56-1-450 AND 56-1-460, AS AMENDED, RELATING TO UNLAWFUL OPERATION AFTER CONVICTION FOR WHICH SUSPENSION OR REVOCATION OF LICENSE IS MANDATORY, SO AS TO INCREASE PENALTIES FOR PERSONS CAUGHT DRIVING WHO NEVER HAD A LICENSE AND WHO HAVE BEEN CONVICTED PREVIOUSLY OF A VIOLATION FOR WHICH SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE WOULD HAVE BEEN MANDATORY IF HE HAD BEEN LICENSED TO DRIVE; TO AMEND SECTION 56-1-1100, AS AMENDED, RELATING TO HABITUAL OFFENDERS, SO AS TO PROVIDE THAT A DRIVER'S LICENSE MAY NOT BE ISSUED OR REINSTATED TO A HABITUAL OFFENDER UNTIL FIVE YEARS AFTER THE EXPIRATION OF THE SUSPENSION TERM; TO AMEND SECTION 56-5-2775, RELATING TO SCHOOL BUSES, SO AS TO INCREASE THE PENALTIES FOR FAILURE TO STOP FOR THEM AND TO PROVIDE FOR A COURT TO ORDER PUBLIC SERVICE EMPLOYMENT; TO AMEND SECTION 56-5-2715, RELATING TO HIGHWAY GRADE CROSSINGS AND RAILROAD SIGNS, SO AS TO PROVIDE PENALTIES FOR FAILURE TO STOP AT THEM; TO AMEND SECTION 56-5-2920, RELATING TO RECKLESS DRIVING, SO AS TO INCREASE PENALTIES FOR RECKLESS DRIVING AND ESTABLISH SEPARATE PUNISHMENT WITH INCREASED PENALTIES INCLUDING A THIRTY-DAY DRIVER'S LICENSE SUSPENSION FOR CONVICTION OF FIRST OFFENSE RECKLESS DRIVING WHICH RESULTS IN PERSONAL INJURY TO ANOTHER PERSON AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTION 56-5-2910, RELATING TO RECKLESS HOMICIDE, SO AS TO PROVIDE FOR MANDATORY IMPRISONMENT OF A PERSON CONVICTED OF THE CRIME AND INCREASE THE MAXIMUM PUNISHMENT FROM FIVE TO TEN YEARS; TO AMEND SECTION 56-5-2950 RELATING TO DRUG AND ALCOHOL TESTING, SO AS TO REQUIRE DRIVERS INVOLVED IN ACCIDENTS RESULTING IN DEATH TO SUBMIT TO DRUG OR ALCOHOL TESTING; TO AMEND SECTION 17-7-80, RELATING TO CORONERS, SO AS TO PROVIDE A PROCEDURE FOR TESTS FOR THE PRESENCE OF ALCOHOL IN THE BLOOD OF A DRIVER, PASSENGER, PEDESTRIAN, SWIMMER, OR BOAT OCCUPANT DYING IN A VEHICLE OR BOAT ACCIDENT; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-745 SO AS TO PROVIDE FOR THE SUSPENSION OR DELAY OF ISSUANCE OF A DRIVER'S LICENSE OF A PERSON CONVICTED OF ACTS WHICH PERSONS AT LEAST THIRTEEN YEARS OF AGE AND UNDER TWENTY-ONE YEARS OF AGE ARE PROHIBITED FROM PERFORMING; TO AMEND CHAPTER 1 OF TITLE 56 BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON WHO PURCHASES BEER OR WINE FOR A PERSON WHO MAY NOT LAWFULLY PURCHASE IT OR WHO TRANSFERS OR GIVES SUCH A PERSON BEER, WINE, OR ALCOHOLIC BEVERAGES; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF SECTION 56-5-2930 (DUI), SO AS TO INCREASE THE PENALTIES AND PERMIT THE COURT TO ORDER THE SERVICE OF PUBLIC SERVICE; TO AMEND SECTION 56-5-2930, RELATING TO THE PROHIBITION AGAINST DRIVING A VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS OR LIKE SUBSTANCES, SO AS TO MAKE IT UNLAWFUL TO OPERATE A VEHICLE UNDER CERTAIN CONDITIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2931 SO AS TO MAKE IT UNLAWFUL FOR A PERSON UNDER TWENTY-ONE YEARS OF AGE TO OPERATE A MOTOR VEHICLE AT A TIME WHEN A MEASURABLE ALCOHOL CONTENT IS IN THE PERSON'S BLOOD, TO PROVIDE FOR IMPLIED CONSENT TO TESTS, PROCEDURES RELATING TO ADMINISTERING THE TESTS, AND PENALTIES FOR REFUSAL TO SUBMIT TO TESTS; TO AMEND SECTION 56-5-2945, RELATING TO ACCIDENTS RESULTING IN GREAT BODILY INJURY OR DEATH, SO AS TO MAKE THE PROVISIONS APPLY TO OPERATING A VEHICLE INSTEAD OF DRIVING A VEHICLE; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO TESTS OF BREATH, BLOOD, OR URINE TO DETERMINE PRESENCE OF ALCOHOL OR DRUGS, SO AS TO CHANGE REFERENCES TO BREATHALYZER TO BREATH ANALYSIS, TO INCREASE THE DRIVER'S LICENSE SUSPENSION OR DENIAL FOR A PERSON WHO REFUSES TO SUBMIT TO SUCH A TEST FROM NINETY TO ONE HUNDRED TWENTY DAYS, TO PROVIDE THAT IF A PERSON SUBMITS TO SUCH A TEST AND THE TEST PROVES THAT HE HAS MORE THAN THE LAWFUL AMOUNT OF ALCOHOL OR DRUGS IN HIS SYSTEM THE SUSPENSION OR DENIAL IS NINETY DAYS, TO PROVIDE FOR THE IMMEDIATE CONFISCATION OF THE DRIVER'S LICENSE OR PERMIT OF A PERSON WHO REFUSES SUCH A TEST OR WHO TESTS AS HAVING MORE THAN A LAWFUL AMOUNT OF ALCOHOL OR DRUGS IN HIS SYSTEM AND TO PROVIDE THAT THE NOTICE AND ORDER WHICH IS GIVEN TO THE PERSON AT THE TIME OF CONFISCATION SERVES AS A TEMPORARY TEN-DAY LICENSE, TO PROVIDE FOR A REVIEW OF THE NOTICE AND ORDER BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION IF REQUESTED WITHIN THE TEN-DAY PERIOD, TO PROVIDE A PROCEDURE FOR THE ADMINISTRATIVE REVIEW AS IT APPLIES TO A REFUSAL BY A PERSON TO SUBMIT TO A TEST OR TO A PERSON FOUND TO HAVE HAD MORE THAN A LAWFUL AMOUNT OF ALCOHOL IN HIS SYSTEM; TO AMEND SECTION 22-3-550, RELATING TO MAGISTRATES, SO AS TO INCREASE THEIR CRIMINAL JURISDICTION TO INCLUDE VIOLATIONS OF SECTIONS 56-1-350, 56-1-450, 56-1-460(a)(1) AND (b)(1), 56-5-1520(d), 56-5-2715, 56-5-2775, 56-5-2920, 56-5-2931, AND 56-5-2940(1), 56-5-6190, AND FOR FIRST AND SECOND OFFENSES ONLY VIOLATIONS OF SECTIONS 56-9-340, 56-10-240, 56-10-250, 56-10-260, AND 56-10-270; TO AMEND SECTION 56-1-520, RELATING TO JURISDICTION OF RECORDERS AND MUNICIPAL COURTS, SO AS TO PROVIDE THAT THEY HAVE THE SAME JURISDICTION AS MAGISTRATES IN VIOLATIONS INVOLVING DRIVERS' LICENSES; AND TO REPEAL SECTIONS 56-1-463, 56-1-465, AND 56-7-20 RELATING TO LACK OF NOTICE OF PAYMENT OF FINES OR PENALTIES AND NOTICE OF SUSPENSIONS AND UNIFORM TRAFFIC TICKETS.
The following Bill was taken up.
H. 3577 -- Rep. Davenport: A BILL TO AMEND SECTION 23-45-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SMOKE DETECTORS IN APARTMENT HOUSES, SO AS TO REQUIRE THEM TO BE INSTALLED IN EVERY RENTED DWELLING.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, January 30, by the Committee on Medical, Military, Public and Municipal Affairs.
Rep. DAVENPORT explained the amendment.
Rep. McLEOD moved to adjourn debate upon the Bill until Tuesday, February 6, which was adopted.
The following Bill was taken up.
H. 3229 -- Rep. Hodges: A BILL TO PROVIDE THAT NO CAUSE OF ACTION EXISTS AGAINST A LICENSED HEALTH CARE PROVIDER, ANY OF ITS EMPLOYEES, A LICENSED PHYSICIAN, OR A LICENSED NURSE FOR THE FAILURE TO OBTAIN SPOUSAL CONSENT TO A PROCEDURE WHICH WOULD RENDER AN INDIVIDUAL UNABLE TO CONCEIVE CHILDREN, TO PROVIDE FOR THE REQUIREMENT THAT THE PROCEDURE BE PERFORMED WITH INFORMED CONSENT, AND TO PROVIDE FOR THE RESPONSIBILITY TO EXERCISE A REASONABLE DEGREE OF MEDICAL CARE.
Rep. WILKINS proposed the following Amendment No. 1 (Doc. No. 0015X), which was adopted.
Amend the bill, as and if amended, p. 1, by striking lines 26 through 40 and inserting:
/SECTION 1. Article 1, Chapter 7, Title 44 of the 1976 Code is amended by adding:
"Section 44-7-65. No cause of action exists in this State against a licensed health care provider, its employees, a licensed physician, or a licensed nurse for the failure to obtain spousal consent to a procedure which would render an individual unable to conceive children. This section does not:
(1) eliminate any legal requirement that the procedure be performed with the informed consent of the individual;
(2) absolve the licensed health care provider, its employees, the licensed physician, or the licensed nurse of the responsibility to exercise a reasonable degree of medical care in the performance of the procedure."/
Amend title to conform.
Rep. HODGES explained the amendment.
Reps. McLEOD and MAPPUS objected to the Bill.
The amendment was then adopted.
Rep. HOLT objected to the Bill.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 551 -- Senator Long: A BILL TO AMEND SECTION 6-7-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ZONING REGULATIONS OR MAPS, SO AS TO PROVIDE THAT THE PLANNING COMMISSION SHALL HAVE FORTY-FIVE DAYS WITHIN WHICH TO SUBMIT ITS REPORT TO THE GOVERNING AUTHORITY AND FAILURE TO SUBMIT SUCH REPORT WITHIN THE FORTY-FIVE DAY PERIOD SHALL BE DEEMED AS APPROVAL OF THE CHANGE OR DEPARTURE.
H. 4235 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO REPEAL SECTION 44-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A TAX ON ALCOHOLIC LIQUORS FOR ALCOHOL AND DRUG ADDICT TREATMENT FACILITIES, SECTION 44-9-140, RELATING TO THE EXEMPTION FOR CERTAIN FACILITIES FROM THE DEPARTMENT OF MENTAL HEALTH CODE PROVISIONS, SECTION 44-9-150, RELATING TO THE INAPPLICABILITY OF THE DEPARTMENT OF MENTAL HEALTH CODE PROVISIONS TO A LICENSED GENERAL HOSPITAL, SECTION 44-11-50, RELATING TO STATE TRAINING SCHOOLS FOR MENTAL HEALTH, SECTION 44-11-100, RELATING TO FINANCIAL BENEFITS FOR AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF MENTAL HEALTH OR A MENTAL HEALTH FACILITY FROM A CONTRACT OR PURCHASE BY A FACILITY, ARTICLE 3, CHAPTER 15, TITLE 44, RELATING TO THE COASTAL EMPIRE MENTAL HEALTH BOARD, ARTICLE 5, CHAPTER 15, TITLE 44, RELATING TO THE MENTAL HEALTH CENTER FOR DARLINGTON AND FLORENCE COUNTIES, SECTION 44-17-830, RELATING TO THE DISCHARGE AND RIGHTS OF A PERSON DISCHARGED BY THE DEPARTMENT OF MENTAL HEALTH, AND ARTICLE 7, CHAPTER 23, TITLE 44, RELATING TO THE HOSPITALIZATION OF A PERSON ACQUITTED BY A JURY ON THE GROUND OF INSANITY.
Rep. MOSS explained the Bill.
H. 4241 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND SECTION 44-21-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF COUNTY MENTAL RETARDATION BOARDS, SO AS TO REVISE CERTAIN OF THESE POWERS AND DUTIES AND TO ADD ADDITIONAL POWERS AND DUTIES.
Rep. Mattos explained the Bill.
H. 4244 -- Reps. Wilder, Baxley and Corning: A BILL TO CREATE A JOINT COMMITTEE TO STUDY PROBLEMS OF PERSONS WITH DISABILITIES.
H. 4156 -- Rep. Harwell: A JOINT RESOLUTION TO NAME THE OVERPASS BRIDGE PRESENTLY UNDER CONSTRUCTION AND LOCATED AT THE INTERSECTION OF U. S. 301 AND S. C. 38 IN DILLON COUNTY THE "S. NORWOOD GASQUE BRIDGE" AND TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT BOTH ENDS OF THE BRIDGE ON WHICH THE NAME IS CLEARLY INDICATED.
H. 4454 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO PHYSICAL FITNESS SERVICES CENTER CERTIFICATE OF AUTHORITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1134, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. DERRICK explained the Joint Resolution.
H. 4455 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO PAWNBROKER CERTIFICATE OF AUTHORITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1135, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. DERRICK explained the Joint Resolution.
H. 4456 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF FINANCIAL INSTITUTIONS, RELATING TO LIMITATIONS AND RESTRICTIONS ON REAL ESTATE MORTGAGES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1145, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. DERRICK explained the Joint Resolution.
H. 4457 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF FINANCIAL INSTITUTIONS, RELATING TO MERGER PROCEDURES FOR STATE CREDIT UNIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1146, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4458 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA, RELATING TO MOTOR CARRIERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1084, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. M.O. ALEXANDER explained the Joint Resolution.
H. 4459 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO DATA REPORTING AND DETERMINATION OF EXCESS PROFITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1111, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. KOHN explained the Joint Resolution.
H. 4461 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO RE-ENACT SECTION 23-23-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND MEMBERSHIP OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL.
S. 846 -- Senator McConnell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FOOD TRUST, INC., OF CHARLESTON COUNTY.
S. 885 -- Senator Horace C. Smith: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PALMETTO CLUB OF THE DEAF IN SPARTANBURG COUNTY.
On motion of Rep. MOSS, with unanimous consent, it was ordered that H. 4461 be read the third time tomorrow.
On motion of Rep. WINSTEAD, with unanimous consent, it was ordered that S. 846 be read the third time tomorrow.
On motion of Rep. LANFORD, with unanimous consent, it was ordered that S. 885 be read the third time tomorrow.
The following Bill was taken up.
H. 3701 -- Rep. Felder: A BILL TO AMEND SECTION 59-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION CONCERNING TEACHER TRAINING PROGRAMS, SO AS TO INCREASE FROM THREE TO FOUR THE NUMBER OF TIMES AN UNDERGRADUATE MAJORING IN EDUCATION MAY TAKE THE BASIC SKILLS EXAMINATION AND PROVIDE CONDITIONS UPON WHICH THE EXAMINATION MAY BE TAKEN FOR THE FOURTH TIME AND TO REQUIRE THAT THE TEST BE ADMINISTERED AT LEAST TWICE YEARLY.
Rep. J.C. JOHNSON proposed the following Amendment No. 1 (Doc. No. 0250X).
Amend the bill, as and if amended, in subitem (2) of item (e) of Section 59-26-20, as contained in SECTION 1, page 2, by inserting before the period on line 3 /and no sooner than four years after the year the student entered college/.
Amend title to conform.
Rep. J.C. JOHNSON explained the amendment.
Reps. CORNING, T.M. BURRISS, SIMPSON, HENDRICKS and GLOVER objected to the Bill.
The following Bill was taken up.
H. 3860 -- Reps. Manly, Wilkins, Blackwell, Jaskwhich, Mattos, M.O. Alexander, Clyborne, Baker, Fant, Fair and Vaughn: A BILL TO AMEND SECTION 7-11-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF CANDIDATES WHEN A PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY WHEN THE NOMINEE WAS NOMINATED BY PARTY PRIMARY ELECTION, AND TO AMEND THE 1976 CODE BY ADDING SECTION 7-11-55, SO AS TO REQUIRE A SPECIAL PRIMARY ELECTION TO FILL A VACANCY IN CASES WHERE A PARTY NOMINEE WHO WAS NOMINATED BY A PARTY PRIMARY ELECTION DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, TO PROVIDE THAT IF THE RESULTS OF THE SPECIAL PRIMARY ELECTION ARE NOT CERTIFIED BEFORE THE GENERAL ELECTION, THAT OFFICE MUST NOT BE FILLED AT THE GENERAL ELECTION BUT MUST BE FILLED AT A SPECIAL ELECTION THEREAFTER, AND TO ALLOW OTHER POLITICAL PARTIES WHERE THE NOMINEE WAS UNOPPOSED TO NOMINATE A CANDIDATE FOR THE OFFICE INVOLVED IN A SPECIAL PRIMARY ELECTION IN THE MANNER PROVIDED IN THIS SECTION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0468o), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 7-11-50 of the 1976 Code is amended to read:
"Section 7-11-50. If a party nominee who was nominated by a method other than party primary election dies, becomes disqualified after his nomination, or resigns his candidacy for a legitimate nonpolitical reason as defined in this section and sufficient time does not remain to hold a convention or primary to fill the vacancy or to nominate a nominee to enter a special election, the respective state or county party executive committee may nominate a nominee for such the office, who shall must be duly certified by the respective county or state chairman.
'Legitimate nonpolitical reason' as used in this section shall be is limited to the following:
(a) Reasons reasons of health, which shall include any health condition which, in the written opinion of a medical doctor, would be harmful to the health of the candidate if he continued.;
(b) Family family crises, which shall include circumstances which would substantially alter the duties and responsibilities of the candidate to the family or to a family business.;
(c) Substantial substantial business conflict, which shall include includes the policy of an employer prohibiting employees being candidates for public offices and an employment change which would result in the ineligibility of the candidate or which would impair his capability to properly carry out properly the functions of the office being sought.
Any candidate who withdraws based upon a 'legitimate nonpolitical reason' which is not covered by the inclusions in (a), (b) or (c) shall have has the strict burden of proof for his reason.
A candidate who wishes to withdraw for a legitimate nonpolitical reason shall submit his reason by sworn affidavit.
Such This affidavit shall must be filed with the state party chairman of the nominee's party and also with the election commission of the county if the office concerned is countywide or less including members of the General Assembly and with the State Election Commission if the office is statewide. No substitution of candidates shall be is authorized, except for death or disqualification, unless the election commission to which the affidavit is submitted approves the affidavit as constituting a 'legitimate nonpolitical reason' for the candidate's resignation within ten days of the date the affidavit is submitted to the commission. Provided that However, where such a this party nominee is unopposed each political party registered with the State Election Commission shall have has the privilege of nominating a candidate for the office involved. If the event occurs forty-five days or more prior to the election such nomination must be certified not less than thirty days prior to the election. If the event occurs less than forty-five days prior to the election such office shall not be voted on until the first Tuesday in the month following such election and such nomination must be certified not less than fifteen days prior thereto. In the event the nomination is certified two weeks or more before the date of the general election, that office is to be filled at the general election. In the event that the nomination is certified less than two weeks before the date of the general election, that office must not be filled at the general election but must be filled in a special election to be held on the second Tuesday in the month following the election, provided that the date of the special election to be conducted after the general election may be combined with other necessary elections scheduled to occur within a twenty-eight day period in the manner authorized by Section 7-13-190(D)."
SECTION 2. The 1976 Code is amended by adding:
"Section 7-11-55. If a party nominee dies, becomes disqualified after his nomination, or resigns his candidacy for a legitimate nonpolitical reason as defined in Section 7-11-50 and was selected through a party primary election, the vacancy must be filled in a special primary election to be conducted as provided in this section. The filing period for this special primary election opens the second Tuesday after the death, disqualification, or approval of the resignation for one week. The special primary election must then be conducted on the second Tuesday immediately following the close of the filing period. A runoff, if necessary, must be held two weeks after the first primary. The nomination must be certified not less than two weeks before the date of the general election. In the event the nomination is certified two weeks or more before the date of the general election, that office is to be filled at the general election.
In the event that the nomination is certified less than two weeks before the date of the general election, that office must not be filled at the general election but must be filled in a special election to be held on the second Tuesday in the month following the election, provided that the date of the special election to be conducted after the general election may be combined with other necessary elections scheduled to occur within a twenty-eight day period in the manner authorized by Section 7-13-190(D).
The procedures for resigning a candidacy under this section for legitimate nonpolitical reasons are the same as provided in Section 7-11-50.
Where the party nominee was unopposed, each political party registered with the State Election Commission has the privilege of nominating a candidate for the office involved through a special primary election in the same manner and under the same procedures stipulated by this section."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4174 -- Rep. McTeer: A BILL TO AMEND SECTION 7-13-1810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MECHANICAL MODEL OF A PORTION OF THE FACE OF A VOTING MACHINE REQUIRED AT THE POLLS ON ELECTION DAY FOR THE INSTRUCTION OF VOTERS, SO AS TO ALLOW A PAPER FACSIMILE OF THE FACE OF THE VOTING MACHINE TO BE SUBSTITUTED FOR THE MODEL.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 04510), which was adopted.
Amend the bill, as and if amended, by striking Section 7-13-1810 of the 1976 Code, as contained in SECTION 1, and inserting:
/SECTION 1. Section 7-13-1810 of the 1976 Code is amended to read:
"Section 7-13-1810. For the instruction of voters on any election day, there shall may be provided for each polling place a mechanically operated model or a paper facsimile of a portion of the face of the machine. Such The model or facsimile shall may be located on the table of one of the managers or in some other place accessible to the voters. Each voter so desiring shall, before entering the machine, must be instructed regarding its operation and such instruction illustrated on the model and the voter given an opportunity personally to operate the model. The voter's attention may also be called to the diagram of the face of the machine so that the voter may become familiar with the location of the questions and the names of the offices and candidates."/
Amend title to conform.
Rep. McTEER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 3121 -- Reps. McElveen, Hodges, Huff and Corning: A BILL TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCES IN DIVORCE JUDGMENTS, SO AS TO ESTABLISH FACTORS FOR THE FAMILY COURT TO CONSIDER IN AWARDING ALIMONY OR MAINTENANCE AND IN ORDERING PAYMENT OF COSTS AND ATTORNEY FEES AND TO DELETE THE PROVISION WHICH PROHIBITS ALIMONY IN CASES OF ADULTERY.
Debate was resumed on Amendment NO. 1, which was proposed on Wednesday, January 24, by the Committee on Judiciary.
Rep. McELVEEN explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1.
Rep. T. ROGERS moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to.
S. 551 -- Senator Long: A BILL TO AMEND SECTION 6-7-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ZONING REGULATIONS OR MAPS, SO AS TO PROVIDE THAT THE PLANNING COMMISSION SHALL HAVE FORTY-FIVE DAYS WITHIN WHICH TO SUBMIT ITS REPORT TO THE GOVERNING AUTHORITY AND FAILURE TO SUBMIT SUCH REPORT WITHIN THE FORTY-FIVE DAY PERIOD SHALL BE DEEMED AS APPROVAL OF THE CHANGE OR DEPARTURE.
Rep. T. ROGERS moved to adjourn debate upon the Bill until Wednesday, February 7, which was adopted.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4423 -- Judiciary Committee: A BILL TO AMEND SECTION 14-5-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE NUMBER OF CIRCUIT JUDGES TO BE ELECTED FOR THE STATE, SO AS TO AUTHORIZE CERTAIN ADDITIONAL RESIDENT AND AT-LARGE CIRCUIT JUDGES; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-215 SO AS TO PROVIDE THAT A JUDGE OR JUSTICE RETIRED FROM THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, OR FAMILY COURT OF THIS STATE MAY NOT BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN ANY CIRCUIT OR FAMILY COURT OF THIS STATE EXCEPT IN CASES OF AN EMERGENCY AS DETERMINED BY THE CHIEF JUSTICE OF THE SUPREME COURT AND TO PROVIDE FOR CERTAIN SCREENING OF THESE JUDGES AND JUSTICES IN ORDER TO SERVE IN THESE EMERGENCY SITUATIONS; TO AMEND SECTION 9-8-120, RELATING TO THE AUTHORIZATION FOR JUSTICES OR JUDGES WHO ARE RETIRED UNDER THE JUDICIAL RETIREMENT SYSTEM TO PERFORM JUDICIAL DUTIES IN CERTAIN COURTS, SO AS TO CONFORM THE PROVISIONS OF THIS SECTION TO THE LIMITATIONS CONTAINED IN SECTION 14-1-215; AND TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-216 SO AS TO PROVIDE THAT NO ACTIVE FAMILY COURT JUDGE MAY BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN THE CIRCUIT COURT.
Reps. BRUCE and McABEE withdrew their objection to H. 3383 however, other objections remained upon the Bill.
Reps. CORBETT and LIMEHOUSE withdrew their objections to the following Bill.
H. 3121 -- Reps. McElveen, Hodges, Huff and Corning: A BILL TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCES IN DIVORCE JUDGMENTS, SO AS TO ESTABLISH FACTORS FOR THE FAMILY COURT TO CONSIDER IN AWARDING ALIMONY OR MAINTENANCE AND IN ORDERING PAYMENT OF COSTS AND ATTORNEY FEES AND TO DELETE THE PROVISION WHICH PROHIBITS ALIMONY IN CASES OF ADULTERY.
Rep. G. BAILEY withdrew his objection to H. 3010 however, other objections remained upon the Bill.
Rep. KLAPMAN withdrew his objection to the following Bill.
H. 3577 -- Rep. Davenport: A BILL TO AMEND SECTION 23-45-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SMOKE DETECTORS IN APARTMENT HOUSES, SO AS TO REQUIRE THEM TO BE INSTALLED IN EVERY RENTED DWELLING.
Reps. KIRSH, BLANDING and BLACKWELL withdrew their objections to the following Bill.
H. 3241 -- Rep. Limehouse: A BILL TO AMEND SECTION 56-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE WHOLESALERS OR DEALERS, SO AS TO INCREASE THE PENAL AMOUNT OF SURETY BONDS REQUIRED OF THEM FROM FIFTEEN THOUSAND TO FIFTY THOUSAND DOLLARS.
Rep. CARNELL withdrew his objection to the following Bill whereupon an objection was raised by Rep. KEYSERLING.
On motion of Rep. McLELLAN, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Ways and Means.
S. 1159 -- Senators Waddell, Moore, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Williams, Wilson: A CONCURRENT RESOLUTION EXPRESSING THE INTENTION OF THE GENERAL ASSEMBLY TO MAKE AVAILABLE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF EIGHT HUNDRED THOUSAND DOLLARS FOR USE IN REPLACING FUNDS BORROWED TO CONTINUE THE CHILDREN'S REHABILITATIVE SERVICES PROGRAM.
On motion of Rep. KIRSH, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means.
S. 987 -- Senator Waddell: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER FUNDS FOR STATE EMPLOYEE BONUSES TO THE GENERAL FUND OF THE STATE AND TO AUTHORIZE STATE AGENCIES TO PAY THE BONUSES FROM APPROPRIATED ACCOUNTS.
Rep. MOSS moved that the House recur to the morning hour.
Rep. HOLT moved to table the motion which was agreed to by a division vote of 50 to 24.
The Senate amendments to the following Bill were taken up for consideration.
S. 699 -- Senator Waddell: A BILL TO AMEND ARTICLE 11, CHAPTER 13 OF TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO FURTHER PROVIDE FOR ITS ORGANIZATION, STRUCTURE, PURPOSES, AND POWERS.
Rep. MAPPUS spoke in favor of the Senate amendments.
Rep. J. Baily spoke against the Senate amendments.
Rep. SHEHEEN spoke against the Senate amendments.
Rep. KOHN spoke in favor of the Senate amendments.
Rep. LIMEHOUSE spoke against the Senate amendments.
Rep. LIMEHOUSE moved to adjourn debate upon the Senate amendments until Tuesday February 13.
Rep. HOLT moved to table the motion.
Rep. MAPPUS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Baker Barber Beasley Blackwell Blanding Boan Brown, G. Brown, J. Burch Carnell Cole Elliott Faber Fant Farr Felder Foster Gentry Glover Gordon Harris, J. Harris, P. Harvin Harwell Hayes Hendricks Hodges Holt Johnson, J.W. Kay Keesley Keyserling Kirsh Lanford Manly Martin, D. Martin, L. Mattos McAbee McBride McCain McElveen McLellan McLeod Nesbitt Nettles Rogers, J. Rogers, T. Rudnick Sheheen Short Simpson Smith Snow Stoddard Tucker Waites Waldrop Washington Whipper Wilder Wilkes Williams, D.
Those who voted in the negative are:
Bailey, G. Barfield Baxley Bennett Brown, H. Bruce Burriss, M.D. Burriss, T.M. Chamblee Cooper Corbett Cork Corning Davenport Derrick Fair Hallman Harrison Haskins Jaskwhich Johnson, J.C. Keegan Klapman Kohn Koon Limehouse Littlejohn Mappus McGinnis McTeer Moss Neilson Quinn Rama Sharpe Sturkie Vaughn Wells Winstead Wofford Wright
So, the motion to adjourn debate was tabled.
Rep. McCAIN moved to adjourn debate upon the Senate amendments until Thursday, March 1.
Rep. WASHINGTON moved to table the motion.
Rep. McCAIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, J. Baker Barber Blanding Brown, G. Brown, J. Burch Carnell Elliott Faber Fant Farr Foster Glover Gordon Harris, J. Harris, P. Harvin Hayes Hendricks Hodges Holt Johnson, J.W. Kay Keesley Keyserling Kirsh Manly Martin, D. Martin, L. McBride McElveen McLeod Nesbitt Nettles Rogers, T. Rudnick Sheheen Short Smith Snow Stoddard Taylor Tucker Waites Washington Whipper Wilkes Williams, D.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Barfield Baxley Beasley Bennett Blackwell Boan Brown, H. Bruce Burriss, M.D. Burriss, T.M. Chamblee Cole Cooper Corbett Cork Corning Davenport Derrick Fair Felder Gentry Hallman Harrison Haskins Huff Jaskwhich Johnson, J.C. Keegan Klapman Kohn Koon Lanford Limehouse Littlejohn Mappus Mattos McAbee McCain McGinnis McLellan McTeer Moss Neilson Quinn Rama Rogers, J. Sharpe Simpson Sturkie Vaughn Waldrop Wells Wilder Wilkins Winstead Wofford Wright
So, the House refused to table the motion to adjourn debate.
The question then recurred to the motion to adjourn debate until Thursday, March 1, which was agreed to.
Rep. BLACKWELL moved that the House recur to the morning hour.
Rep. KLAPMAN moved that the House do now adjourn.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bennett Blanding Brown, G. Brown, H. Burriss, M.D. Burriss, T.M. Carnell Cooper Foster Harris, P. Kay Keyserling Kirsh Klapman Littlejohn Mappus Martin, D. McAbee McLellan McLeod Nesbitt Short Whipper Williams, D.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Barber Barfield Baxley Beasley Blackwell Boan Bruce Burch Chamblee Clyborne Cole Corbett Cork Corning Davenport Derrick Elliott Fair Fant Farr Felder Gentry Glover Gordon Hallman Harrison Harvin Harwell Haskins Hayes Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kohn Koon Lanford Limehouse Martin, L. Mattos McCain McElveen McGinnis McKay McTeer Moss Neilson Quinn Rama Rogers, J. Rudnick Sharpe Sheheen Simpson Smith Snow Stoddard Sturkie Tucker Vaughn Waites Waldrop Wells Wilder Winstead Wright
So, the House refused to adjourn.
The question then recurred to the motion to recur to the morning hour, which was agreed to.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 929 -- Senators McLeod, Lourie, Nell W. Smith, Passailaigue, Mullinax, Hinson and Holland: A JOINT RESOLUTION TO DIRECT THE COMPTROLLER GENERAL'S OFFICE TO STUDY ADDITIONAL WAYS OF NOTIFYING PERSONS ELIGIBLE FOR A HOMESTEAD TAX EXEMPTION TO ENABLE THEM TO APPLY BEFORE THE DEADLINE.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4472 -- Reps. Townsend, Chamblee, Cooper, P. Harris, Kay and Tucker: A CONCURRENT RESOLUTION URGING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO IMPLEMENT THE PROPOSAL OF THE SOUTH ANDERSON MANUFACTURING PLANT MANAGERS TO CONSTRUCT A BY-PASS HIGHWAY EXTENDING FROM HIGHWAY 29 NORTH TO HIGHWAY 29 SOUTH, WITH AN ADDITIONAL EXTENSION FROM HIGHWAY 29 SOUTH TO HIGHWAY 24, IN ANDERSON COUNTY.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 509 -- Senators Wilson, Thomas and Rose: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO INCREASE THE FEDERAL INCOME TAX EXEMPTION FOR DEPENDENT CHILDREN TO FIVE THOUSAND DOLLARS BY 1995 WITH AN IMMEDIATE INCREASE TO THREE THOUSAND DOLLARS AND TO ALLOW A FEDERAL INCOME TAX CREDIT OF ONE THOUSAND DOLLARS FOR EACH CHILD UNDER FIVE YEARS OF AGE IN LOW-INCOME, WORKING FAMILIES IN WHICH AT LEAST ONE PARENT IS EMPLOYED.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4471 -- Reps. Gentry and Waldrop: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THE BRIDGE BETWEEN SALUDA AND NEWBERRY COUNTIES ON ROAD S-41-391 AS THE "NOAH L. BLACK BRIDGE."
On motion of Rep. WALDROP, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
H. 4471 -- Reps. Gentry and Waldrop: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THE BRIDGE BETWEEN SALUDA AND NEWBERRY COUNTIES ON ROAD S-41-391 AS THE "NOAH L. BLACK BRIDGE."
Whereas, the General Assembly has learned through documents, original bridge plans, and invoices for materials that the late Noah L. Black was instrumental in having the bridge built between Saluda and Newberry Counties on Road S-41-391; and
Whereas, the Black family has played a significant role in the history of Saluda County and has contributed greatly to its growth and development; and
Whereas, the members of the General Assembly believe it would be a fitting tribute to this fine South Carolinian if this bridge were named in his honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby request the South Carolina Highways and Public Transportation Commission to name the bridge between Saluda and Newberry Counties on Road S-41-391 the "Noah L. Black Bridge".
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Highways and Public Transportation Commission.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 4554 -- Charleston Delegation: A CONCURRENT RESOLUTION URGING THAT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION CONSTRUCT A RAMP LEADING FROM THE PEARMAN BRIDGE AS AN OVERPASS TO PROVIDE COMMERCIAL MOTOR VEHICLE TRAFFIC ACCESS TO HIGHWAY 17 SOUTH AND INTERSTATE 26 AND URGING THE DEPARTMENT TO ELIMINATE COMMERCIAL MOTOR VEHICLE TRAFFIC THROUGH RESIDENTIAL NEIGHBORHOODS IMMEDIATELY AND PROVIDE AN ALTERNATE COMMERCIAL MOTOR VEHICLE ROUTE THROUGH THE PERIMETER OF THE RESIDENTIAL NEIGHBORHOODS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4555 -- Reps. White, Keyserling and Cork: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. EDDIE KLINE, SR., OF BEAUFORT COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. FOSTER, with unanimous consent, the following was taken up for immediate consideration:
H. 4556 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE MILES S. EPLING OF WEST VIRGINIA, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 28, 1990.
Be it resolved by the House of Representatives, the Senate concurring:
That the Honorable Miles S. Epling of West Virginia, National Commander of the American Legion, is invited to address the General Assembly in joint session at 12:00 Noon on Wednesday, March 28, 1990.
The Concurrent Resolution was agreed to by a division vote of 39 to 13 and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4557 -- Reps. McGinnis, Wells, Ferguson, Bruce, Littlejohn, Davenport and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-254 SO AS TO REQUIRE THE GOVERNING BODY OF A COUNTY AND MUNICIPALITY TO PROVIDE AN ADDITIONAL HOMESTEAD EXEMPTION OF FIVE THOUSAND DOLLARS BEGINNING WITH THE 1990 TAX YEAR AND PROVIDE FOR IT NOT TO QUALIFY FOR REIMBURSEMENT FROM THE GENERAL FUND.
Referred to Committee on Ways and Means.
H. 4558 -- Reps. McEachin and McKay: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE EXEMPTION ALLOWED FOR SCHOOLS, COLLEGES, HOSPITALS, AND CHARITABLE INSTITUTIONS CARING FOR THE INFIRMED, HANDICAPPED PERSONS, THE AGED, CHILDREN, AND INDIGENT PERSONS, DOES NOT EXTEND BEYOND THE BUILDINGS AND PREMISES ACTUALLY OCCUPIED BY OWNERS OF THE REAL PROPERTY.
Referred to Committee on Ways and Means.
H. 4559 -- Rep. Hodges: A BILL TO AMEND SECTION 20-7-1350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT OF CONTEMPT OF COURT FOR A PERSON WHO WILFULLY VIOLATES A LAWFUL ORDER OF THE COURT TO MAKE CHILD SUPPORT PAYMENTS, SO AS TO PROVIDE THAT A PERSON SENTENCED TO IMPRISONMENT UNDER THE PROVISIONS OF THIS SECTION MAY EARN GOOD TIME AND WORK CREDITS AND PARTICIPATE IN A WORK/PUNISHMENT PROGRAM.
Referred to Committee on Judiciary.
H. 4560 -- Reps. Keegan, Corbett and Barfield: A BILL TO AMEND SECTION 9-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION, SO AS TO PROVIDE THAT EMPLOYEES OF A PARTICIPATING INSTITUTION HOLDING FACULTY OR ADMINISTRATIVE POSITIONS, WHETHER CLASSIFIED OR UNCLASSIFIED, ARE ELIGIBLE TO PARTICIPATE IN THE PROGRAM.
Referred to Committee on Ways and Means.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
H. 3121 -- Reps. McElveen, Hodges, Huff and Corning: A BILL TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCES IN DIVORCE JUDGMENTS, SO AS TO ESTABLISH FACTORS FOR THE FAMILY COURT TO CONSIDER IN AWARDING ALIMONY OR MAINTENANCE AND IN ORDERING PAYMENT OF COSTS AND ATTORNEY FEES AND TO DELETE THE PROVISION WHICH PROHIBITS ALIMONY IN CASES OF ADULTERY.
Debate was resumed on Amendment No. 1, by the Committee on Judiciary.
The amendment was then adopted.
Rep. L. MARTIN proposed the following Amendment No. 3 (Doc. No. 0206X).
Amend the committee report (which is Amendment No. 1) in Section 20-3-130, as contained in SECTION 1, by adding at the end of subsection (A):
/No alimony may be awarded a spouse who commits adultery before the earliest of these three events: (1) the filing and service of an action for divorce or separate maintenance and support, (2) formal signing of a written property or marital settlement agreement, or (3) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties./
Amend further, page 3121-2, line 7, by striking /(b)/ and inserting /(B)/.
Amend title to conform.
Rep. L. MARTIN explained the amendment.
Reps. BEASLEY, FAIR and STURKIE objected to the Bill.
Rep. SHARPE moved that the House do now adjourn.
Rep. H. BROWN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. MOSS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Baxley Bennett Blanding Boan Burriss, T.M. Carnell Chamblee Cooper Fant Ferguson Harwell Hendricks Hodges Holt McAbee McGinnis McLeod Nesbitt Nettles Sharpe Short Simpson Snow Whipper
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Baker Barber Beasley Blackwell Brown, J. Bruce Burch Burriss, M.D. Clyborne Cole Corbett Cork Davenport Elliott Faber Fair Farr Felder Gentry Glover Gordon Hallman Harris, J. Harrison Harvin Haskins Hayes Huff Jaskwhich Johnson, J.C. Keegan Keesley Keyserling Klapman Kohn Lanford Littlejohn Manly Martin, D. Martin, L. Mattos McBride McCain McTeer Moss Neilson Quinn Rama Rogers, J. Rudnick Sheheen Smith Stoddard Sturkie Tucker Vaughn Waites Waldrop Wells Wilkins Winstead Wofford Wright
So, the House refused to adjourn.
The following Bill was taken up.
H. 4425 -- Reps. Moss, Wells, Neilson, Felder and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-60 SO AS TO PROHIBIT THE REQUIREMENT TO LABEL A PRESCRIPTION OR NONPRESCRIPTION DRUG SAMPLE FOR WHICH A PHYSICIAN IS NOT REQUIRED TO OBTAIN A FEDERAL OR STATE-CONTROLLED SUBSTANCE LICENSE, UNDER CERTAIN CONDITIONS.
Rep. BAKER proposed the following Amendment No. 1, which was adopted.
Amend the bill, as and if amended, in Section 44-53-60 of the 1976 Code, as contained in SECTION 1, page 1, line 31, by inserting after /charge./ /If the sample is not in the Manufacturer's original package, the physician shall label it meeting all the requirements of nonsample prescription medication./
Amend title to conform.
Rep. BAKER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. MOSS, with unanimous consent, it was ordered that H. 4425 be read the third time tomorrow.
Rep. HASKINS moved that the House do now adjourn.
Rep. WINSTEAD raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
The following Bill was taken up.
H. 3876 -- Rep. Washington: A BILL TO AMEND SECTION 52-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ATHLETIC COMMISSION, SO AS TO INCREASE THE MEMBERSHIP FROM SEVEN TO NINE MEMBERS AND TO PROVIDE FOR THE APPOINTMENT OF A MEMBER FROM THE SENATE AND A MEMBER FROM THE HOUSE OF REPRESENTATIVES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 05110), which was adopted.
Amend the bill, as and if amended, Section 52-7-10 as contained in SECTION 1, page 1, line 6, by inserting /Pro Tempore/ after /President/.
When amended Section 52-7-10 shall read:
/ "Section 52-7-10. There is created the State Athletic Commission (commission) to consist of seven nine members. Seven members must be appointed by the Governor with the advice and consent of the Senate. One member of the Senate must be appointed by the President Pro Tempore of the Senate, and one member of the House of Representatives must be appointed by the Speaker of the House of Representatives. One member must be appointed from each congressional district of the State and a member who shall serve as Chief Athletic Commissioner must be appointed from the state at large. The terms of the members are for four years and until their successors are appointed and qualify. Vacancies must be filled by the Governor for the remainder of an unexpired term. The terms of the appointed members from the House of Representatives and the Senate are coterminous with their legislative terms. The commissioners and employees of the State Athletic Commission may not have any financial interest, direct or indirect, in the promotion, management, or result of any boxing, wrestling, or sparring event."/
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. CARNELL moved to adjourn debate upon the following Bill until Tuesday, February 6, which was adopted.
H. 4234 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-315 SO AS TO PROVIDE FOR THE DISCLOSURE OF CERTAIN INFORMATION PERTAINING TO A COMMUNITY RESIDENTIAL CARE FACILITY.
Rep. CARNELL moved to adjourn debate upon the following Bill until Tuesday, February 6, which was adopted.
H. 4271 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-285 SO AS TO PROVIDE THAT A LICENSE FOR A COMMUNITY RESIDENTIAL CARE FACILITY MUST NOT BE ISSUED WITHOUT AN INSPECTION BY THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.
The following Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4513 -- Reps. Snow, Altman, Elliott, Barfield, Keegan, Corbett, Gordon and Harvin: A JOINT RESOLUTION TO NAME THE NEW MOTOR VEHICLE LICENSE OFFICE BUILDING OF THE HIGHWAYS AND PUBLIC TRANSPORTATION DEPARTMENT IN THE CITY OF GEORGETOWN THE "WALLACE J. McKNIGHT BUILDING".
H. 4516 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO MINIMUM STANDARDS FOR LICENSING HOSPITALS AND INSTITUTIONAL GENERAL INFIRMARIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1056, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4517 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS IN OPTICIANRY, RELATING TO LICENSING, CONTINUING EDUCATION, AND APPRENTICESHIPS OF OPTICIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1124, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4518 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD FOR SOCIAL WORK EXAMINERS, RELATING TO LICENSING, CONTINUING EDUCATION, AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1123, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4519 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, RELATING TO REPEAL OF PERMISSIBLE ADVERTISING BY DENTISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1116, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4520 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PODIATRY EXAMINERS, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1101, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4521 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO ADDITIONAL NEW MEDICAID COVERAGE GROUP, DESIGNATED AS REGULATION DOCUMENT NUMBER 1133, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of the Georgetown Delegation, with unanimous consent, it was ordered that H. 4513 be read the third time tomorrow.
The following Joint Resolution was taken up.
S. 1113 -- Education Committee: A JOINT RESOLUTION TO PROVIDE THAT THE NUMBER OF INSTRUCTIONAL SCHOOL DAYS REQUIRED PURSUANT TO SECTIONS 59-1-420 AND 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, BE REDUCED BY FIVE DAYS FOR THOSE SCHOOL DISTRICTS WHICH MISSED TEN OR MORE INSTRUCTIONAL DAYS DUE TO HURRICANE HUGO, TO PROVIDE THAT THESE LOCAL SCHOOL DISTRICT BOARDS OF TRUSTEES MAY REQUEST THAT THE STATE BOARD OF EDUCATION WAIVE ADDITIONAL INSTRUCTIONAL DAYS, AND TO PROVIDE FOR THE WAIVER OF STAFF DEVELOPMENT AND TEACHER WORK DAYS IN ORDER TO MAKE UP INSTRUCTIONAL DAYS.
Reps. FOSTER, BEASLEY and TOWNSEND proposed the following Amendment No. 1, which was adopted.
Amend the resolution, as and if amended, by striking SECTION 1 and inserting:
/"SECTION 1. (A) For schools which missed days of instruction as a result of Hurricane Hugo, the number of days required for student instruction, staff development, and teacher work days by Section 59-1-420 of the 1976 Code are and may be waived for the 1989-90 school year in accordance with this section.
(B) For schools which missed ten or more days of instruction as a result of Hurricane Hugo, five days shall be waived by the district board of trustees for the particular school.
(C) For schools which missed less than ten days of instruction as a result of Hurricane Hugo, the board of trustees of the district may waive up to one-half of the days missed for each school within the district. The number of days waived by the district board may not exceed five days for any school.
(D) Additional days of instruction missed as a result of Hurricane Hugo, which the district board is not authorized to waive, may be waived by the State Board of Education upon the request of the district board and upon good cause showing that the particular school cannot make the days up without undue hardship.
(E) In addition to other justification, the State Board of Education may grant waivers requested under items (B) and (C) for schools which missed more instructional days than the majority of schools in the district, when waiver of the additional days allows schools of a district to attend concurrently for the remainder of the school year.
(F) Staff development and teacher work days required by Section 59-1-420 of the 1976 Code may be waived by district boards of trustees, as needed, to provide days for the make up of student instruction.
(G) District boards of trustees may submit one request for the waiver of additional instructional days for all schools which are similarly situated within the district.
(H) State funding may not be reduced for any school district as a result of any reduction in the number of instructional, staff development, or teacher work days granted under this section. Teacher salaries for the 1989-90 school year must not be reduced as a result of any reduction in the number of instructional, staff development, or teacher work days granted under this section."/
Renumber sections to conform.
Amend title to conform.
Rep. BEASLEY explained the amendment.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 894 -- Senators Passailaigue and Mitchell: A BILL TO REPEAL SECTION 12-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BACKUP STATE INCOME TAX WITHHOLDING.
Rep. J.W. JOHNSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. BLACKWELL moved that the House do now adjourn.
Rep. WINSTEAD raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
The following Bill was taken up.
H. 4276 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT NEW PLATES MAY BE ISSUED AT TIMES DETERMINED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF EVERY FIVE YEARS AND TO PROVIDE THAT THE DEPARTMENT MAY REVALIDATE ALL LICENSE PLATES EXCEPT VEHICLES EXCEEDING TWENTY-SIX THOUSAND POUNDS BY STICKER OR OTHER SUITABLE MEANS UPON PAYMENT OF THE SAME FEE PRESCRIBED FOR THE INITIAL ISSUANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1420 SO AS TO REQUIRE THE RETURN OF SPECIAL LICENSE PLATES FOR MEMBERS OF STATE BOARDS AND COMMISSIONS UPON THE EXPIRATION OF THEIR TERMS.
Rep. McELVEEN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3810 -- Rep. Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-458 SO AS TO PROVIDE THAT AN INSURANCE AGENT MAY ACCEPT A NOTARIZED STATEMENT FROM AN APPLICANT FOR AUTOMOBILE INSURANCE THAT THE APPLICANT HAS COMPLIED WITH APPLICABLE MANDATORY AUTOMOBILE INSURANCE REQUIREMENTS FOR PURPOSES OF DETERMINING THE APPROPRIATE RATE FOR THE APPLICANT.
Rep. BLACKWELL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4335 -- Reps. M.O. Alexander, T.C. Alexander, Mappus, J. Bailey, R. Brown and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1255 SO AS TO REQUIRE A PERSON OWNING OR OPERATING A MOTOR VEHICLE TO CARRY PROOF OF HIS MOTOR VEHICLE LIABILITY INSURANCE, TO REQUIRE THE OWNER OR OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT TO PROVIDE OTHER PERSONS INVOLVED WITH INFORMATION CONCERNING HIS PROOF OF INSURANCE, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 56-5-1270, AS AMENDED, RELATING TO WRITTEN REPORTS OF CERTAIN MOTOR VEHICLE ACCIDENTS, SO AS TO REQUIRE WRITTEN REPORTS OF LAW ENFORCEMENT OFFICERS INVESTIGATING ACCIDENTS TO CONTAIN LIABILITY INSURANCE INFORMATION REGARDING THE OWNERS OR OPERATORS OF THE VEHICLES INVOLVED; AND TO AMEND SECTION 56-5-1300, RELATING TO ACCIDENT REPORT FORMS PREPARED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO PROVIDE THAT REPORTING FORMS DESIGNATED BY THE DEPARTMENT MUST INCLUDE THE LIABILITY INSURANCE OF THE OWNERS OR OPERATORS OF THE VEHICLES INVOLVED.
Rep. BLANDING made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4378 -- Reps. Boan, Kohn, McElveen, McLellan and Taylor: A BILL TO AMEND SECTION 38-75-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO WINDSTORM AND HAIL INSURANCE; SECTION 38-75-320, RELATING TO THE PURPOSE OF THE WINDSTORM AND HAIL INSURANCE PROVISIONS; AND SECTION 38-75-330, RELATING TO THE CREATION AND MEMBERS OF THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, SO AS TO CHANGE THE REFERENCES TO WINDSTORM TO WIND.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 4530 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS AND CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1039, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUFF made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3241 -- Rep. Limehouse: A BILL TO AMEND SECTION 56-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE WHOLESALERS OR DEALERS, SO AS TO INCREASE THE PENAL AMOUNT OF SURETY BONDS REQUIRED OF THEM FROM FIFTEEN THOUSAND TO FIFTY THOUSAND DOLLARS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6714k), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 56-15-320(2) of the 1976 Code is amended to read:
"(2) Each applicant for licensure as a dealer or wholesaler must shall furnish a surety bond, cash, certificate of deposit, irrevocable letter of credit or other security acceptable to the department in the penal amount of fifteen fifty thousand dollars on a form to be prescribed by the director of the Motor Vehicle Division of the Department department. The bond must be given to the Department department and executed by the applicant, as principal, and by a corporate surety company authorized to do business in this State, as surety.
The bond or other security must be conditioned upon the applicant or licensee complying with the provisions of the statutes applicable to the license and as indemnification for any loss or damage suffered by an owner of a motor vehicle, or his legal representative, by reason of any fraud practiced or fraudulent representation made in connection with the sale or transfer of a motor vehicle by a licensed dealer or wholesaler or the dealer's or wholesaler's agent acting for the dealer or wholesaler or within the scope of employment of the agent or any loss or damage suffered by reason of the violation by the dealer or wholesaler or his agent, of any of the provisions of this chapter. An owner or his legal representative, who suffers the loss or damage has a right of action against the dealer or wholesaler and against the dealer's or wholesaler's surety upon the bond and may recover damages as provided in this chapter. A new bond or a proper continuation certificate must be delivered to the Department department annually before the license is renewed.
However, regardless of the number of years a bond remains in effect, the aggregate liability of the surety for any and all claims is limited to fifteen fifty thousand dollars on each bond and to the amount of the actual loss incurred. The surety has the right to terminate its liability under the bond by giving the Department department thirty days' written notice of its intent to cancel the bond. The cancellation does not affect any liability incurred or accrued prior to before the cancellation."
SECTION 2. This act takes effect upon approval by the Governor.
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
Rep. WASHINGTON moved to table the amendment, which was agreed to by a division vote of 26 to 23.
Rep. CARNELL proposed the following Amendment No. 2 (Doc. No. 2223U), which was adopted:
Amend the report of the Committee on Labor, Commerce and Industry, as and if amended, by adding at the end of Section 56-15-320(2) of the 1976 Code, as contained in SECTION 1, the following:
/Notwithstanding the above provisions of this section, any applicant for a dealer or wholesaler license who sold fifty motor vehicles or less during the previous year and who by affidavit certifies to the Department that he does not anticipate selling more than fifty motor vehicles in the current and future years is required to furnish a surety bond, cash, certificate of deposit, irrevocable letter of credit, or other security acceptable to the Department in the amount of fifteen thousand dollars rather than fifty thousand dollars. Any dealer or wholesaler, after licensure to whom this provision applies who sells more than fifty motor vehicles in a year must notify the Department within thirty days after this occurs and the amount of his bond or other security must be increased from fifteen thousand dollars to fifty thousand dollars./
Amend title to conform.
Rep. CARNELL explained the amendment.
The amendment was then adopted.
Rep. WALDROP moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of amendments.
The Senate returned to the House with concurrence the following:
H. 4492 -- Reps. P. Harris, J. Harris, Carnell and Mattos: A CONCURRENT RESOLUTION TO RECOGNIZE THE COMMUNITY AS THE PRIMARY LOCUS FOR SERVICE TO THE MENTALLY ILL.
H. 4524 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE CHESTERFIELD HIGH SCHOOL FOR RECEIVING A TARGET 2000 COMPETITIVE DROPOUT PREVENTION AND RETRIEVAL GRANT.
H. 4555 -- Reps. White, Keyserling and Cork: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. EDDIE KLINE, SR., OF BEAUFORT COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
At 12:25 P.M. the House in accordance with the motion of Rep. WALDROP adjourned to meet at 10:00 A.M. tomorrow.
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