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:
Almighty God, always near to help and support, give us boldness to stand for the right; strength for self-discipline; the ability to treat others as we would have others treat us; the grace of silence that we may refrain from hasty speech; the virtue of kindness and forgiveness. Heal those who need healing, make strong the wavering, guide the perplexed, befriend the lonely. Give courage to those who are downtrodden. May the healing spirit of good will blow across our minds, crushing our temptations of all narrowness and selfishness. Unite our efforts to accomplish Your way. 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.
February 2, 1990
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4287, R-330, an Act:
TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATINGTO THE LEXINGTON COUNTY RECREATION COMMISSION,SO AS TO ELIMINATE THE RESTRICTION WHICH LIMITS MEMBERS OF THE COMMISSION TO NO MORE THAN TWO CONSECUTIVE TERMS.
This veto is based upon an opinion of the Attorney General's Office which states in concluding:
"Article VIII, Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to H. 4287, R-330 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974)."
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
February 5, 1990
Mark R. Elam
Senior Counsel to the Governor
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211
Dear Mr. Elam:
By your letter of February 1, 1990, you have asked for the opinion of this office as to the constitutionality of H. 4287, R-330, an act eliminating the restriction as to length of tenure of members of the Lexington County Recreation Commission. For the reasons following, it is the opinion of this office that the Act is of doubtful constitutionality.
In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.E.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this office may comment upon potential constitutional problems, it is solely within the province of the courts of this State to declare an act unconstitutional.
The act bearing ratification number 330 of 1990 amends Act 1201 of 1968, as last amended by Act 617 of 1980 relative to the Lexington County Recreation Commission. The amendment removes the limitation formerly imposed on members of the Commission that they serve no more than two consecutive five-year terms. By the terms of Section 2 of Act 1201 of 1968, it is clear that the area encompassed by this district is "the entire territory of Lexington County not embraced within the municipal limits of any incorporated city or town." Thus, H. 4287, R-330 of 1990 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." Acts similar to H. 4287, R-330 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974).
Based on the foregoing, we would advise that H. 4287, R-330 would be of doubtful constitutionality. Of course, this Office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.
Sincerely,
Patricia D. Petway
Assistant Attorney General
Reviewed and approved by:
Robert D. Cook
Executive Assistant for Opinions
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Klapman Sharpe
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following were received and referred to the appropriate committee for consideration.
Document No. 1212
Promulgated By Department of Health and Environmental Control
61-47 Shellfish
Received by Speaker February 6, 1990
Referred to House Committee on Agriculture and Natural Resources
120 day expiration date June 6, 1990
Document No. 1180
Promulgated By Health and Environmental Control
Hazardous Waste Management Facility Location Standards
Received by Speaker February 6, 1990
Referred to House Committee on Agriculture and Natural Resources
120 day expiration date June 6, 1990
The following was received.
Document No. 1130
Promulgated By Occupational Health and Safety Review Board
Rules of Procedure for the Review Board
Referred to House Committee on Labor, Commerce and Industry
Withdrawn February 5, 1990
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 593 -- Senators Lourie, Leatherman, Setzler, Stilwell and Pope: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO PROVIDE FOR THE ASSESSMENT OF POINTS WHEN THE VIOLATION IS COMMITTED WHILE OPERATING A MOTOR VEHICLE; AND SECTION 56-1-720, AS AMENDED, RELATING TO THE VIOLATIONS FOR WHICH POINTS ARE ASSESSED, SO AS TO INCLUDE THE OFFENSE OF LITTERING AND PROVIDE FOR THE ASSESSMENT OF THREE POINTS FOR VIOLATION.
Ordered for consideration tomorrow.
The following was introduced:
H. 4561 -- Rep. Winstead: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE STUDENTS AND THEIR PARENTS, FACULTY, AND STAFF OF LADSON ELEMENTARY SCHOOL IN CHARLESTON ON ITS IDENTIFICATION BY THE STATE BOARD OF EDUCATION AS A DEREGULATED SCHOOL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4562 -- Reps. Kirsh, Foster, Hayes, Nesbitt and Short: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS BY DECLARING FEBRUARY 21, 1990, "YORK COUNTY DAY".
Whereas, Rand-McNally's almanac survey rated York County as having the highest quality of life in South Carolina; and
Whereas, in a recent twelve county survey, York County was rated by eighty-two percent of the respondents as having excellent or good business conditions and by ninety-two percent as having the most positive business climate during the next five years in the metro Charlotte area; and
Whereas, a total of ten new companies have located to South Carolina during 1989, providing a total investment of 57.6 million dollars and a total of eight hundred fifteen jobs; and
Whereas, eight existing York County industries expanded in 1989 for a total investment of 30.145 million dollars and one hundred fifty-six new jobs. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly recognize York County for its many accomplishments by declaring February 21, 1990, "York County Day".
Be it further resolved that a copy of this resolution be forwarded to each of the five Chambers in York County.
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. 4563 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1196, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4564 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO OPERATION AND FUNDING OF TEACHER TRAINING COURSES IN MATHEMATICS, SCIENCE, READING AND COMPUTER EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1176, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4565 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PRINCIPAL INCENTIVE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1199, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4566 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICIES AND PROCEDURES UTILIZED BY THE STATE BOARD OF EDUCATION IN THE APPROVAL OF TEACHER EDUCATION PROGRAMS OFFERED BY COLLEGES AND UNIVERSITIES IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1197, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4567 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FREE TEXTBOOKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1173, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4568 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO MOTOR CLUB CERTIFICATE OF AUTHORITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1136, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4569 -- Reps. McTeer, Wilder and Rhoad: A BILL TO AMEND SECTION 15-78-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TORT CLAIMS ACT SO AS TO EXEMPT FROM LIABILITY BOAT RAMPS, LAUNCHING, OR DOCKING FACILITIES COMPLYING WITH STATE ORGANIZATION OF BOATING, ACCESS ADMINISTRATORS (SOBAA) SPECIFICATIONS.
Referred to Committee on Judiciary.
H. 4570 -- Reps. M.O. Alexander, Baker, Blackwell, Clyborne, Fair, Fant, Haskins, Jaskwhich, Mattos, Vaughn, Wilkins and Manly: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR PRECINCT 2, GREENVILLE.
On motion of Rep. BLACKWELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4571 -- Reps. Hayes, Huff, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Jaskwhich, J.C. Johnson, Kay, Keegan, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Littlejohn, Manly, Mappus, D. Martin, L. Martin, McAbee, McBride, McCain, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, Rudnick, Sharpe, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, D. Williams, Winstead, Wofford and Wright: A BILL TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES BY ADDING SECTION 44-53-475 SO AS TO MAKE THE LAUNDERING OF CERTAIN MONETARY INSTRUMENTS UNLAWFUL, AND TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATION; AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THE ABOVE OFFENSES WHICH ARE MADE FELONIES TO THIS LIST.
Referred to Committee on Judiciary.
H. 4572 -- Reps. Hayes, Huff, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Jaskwhich, J.C. Johnson, Kay, Keegan, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Littlejohn, Manly, Mappus, D. Martin, L. Martin, McAbee, McBride, McCain, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, Rudnick, Sharpe, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, D. Williams, Winstead, Wofford and Wright: A BILL TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES BY ADDING SECTION 44-53-476 SO AS TO MAKE IT UNLAWFUL TO BE A "LEADER OF A NARCOTICS TRAFFICKING NETWORK", TO PROVIDE THE ELEMENTS OF THIS OFFENSE, TO PROVIDE PENALTIES FOR VIOLATION, AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THIS OFFENSE WHICH IS A FELONY TO THIS LIST.
Referred to Committee on Judiciary.
H. 4573 -- Reps. Hayes and Huff: A BILL TO AMEND SECTION 16-23-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ADDITIONAL PUNISHMENT FOR POSSESSION OF A FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME, SO AS TO ADD DRUG-RELATED OFFENSES TO THOSE OFFENSES FOR WHICH THE ADDITIONAL PUNISHMENT MAY BE GIVEN AND TO PROVIDE FOR AN INCREASED PENALTY IF A MACHINE GUN OR A FIREARM WITH A SILENCER OR MUFFLER IS UTILIZED.
Referred to Committee on Judiciary.
H. 4574 -- Reps. Hayes, Huff, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Jaskwhich, J.C. Johnson, Kay, Keegan, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Littlejohn, Manly, Mappus, D. Martin, L. Martin, McAbee, McBride, McCain, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, Rudnick, Sharpe, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, D. Williams, Winstead, Wofford and Wright: A BILL TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES BY ADDING SECTION 44-53-577 SO AS TO MAKE IT UNLAWFUL TO EMPLOY OR USE PERSONS UNDER EIGHTEEN YEARS OF AGE IN DRUG OPERATIONS OR TO RECEIVE A CONTROLLED SUBSTANCE FROM PERSONS UNDER EIGHTEEN YEARS OF AGE, TO PROVIDE PENALTIES FOR VIOLATION, AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THE ABOVE OFFENSES WHICH ARE MADE FELONIES TO THIS LIST.
Referred to Committee on Judiciary.
H. 4575 -- Reps. Hayes, Huff, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Jaskwhich, J.C. Johnson, Kay, Keegan, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Littlejohn, Manly, Mappus, D. Martin, L. Martin, McAbee, McBride, McCain, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, Rudnick, Sharpe, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, D. Williams, Winstead, Wofford and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-9-355 SO AS TO PROVIDE THAT CERTAIN ACTIONS REGARDING THE INTIMIDATION OF WITNESSES ARE UNLAWFUL, TO PROVIDE FOR PENALTIES FOR VIOLATION, AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD CERTAIN OF THE ABOVE OFFENSES WHICH ARE FELONIES TO THIS LIST.
Referred to Committee on Judiciary.
H. 4576 -- Reps. M.O. Alexander, Baker, Blackwell, Clyborne, Fair, Fant, Haskins, Jaskwhich, Mattos, Vaughn, Wilkins and Manly: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR PRECINCT 102, MAULDIN.
On motion of Rep. BLACKWELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4577 -- Reps. Carnell, Phillips, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Bennett, Boan, G. Brown, R. Brown, Bruce, Burch, M.D. Burriss, Chamblee, Clyborne, Cole, Cooper, Davenport, Derrick, Elliott, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, J. Harris, P. Harris, Harvin, Harwell, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Kinon, Lanford, Littlejohn, Manly, D. Martin, L. Martin, Mattos, McAbee, McBride, McKay, McLeod, Moss, Neilson, Nesbitt, Nettles, Quinn, Rhoad, J. Rogers, Rudnick, Sharpe, Short, Smith, Snow, Stoddard, Taylor, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder and Wilkes: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUE OF CAPITAL IMPROVEMENT BONDS SO AS TO AUTHORIZE THE ISSUE OF ADDITIONAL BONDS FOR THE AERONAUTICS COMMISSION, TO PROVIDE THAT THE FUNDS FROM THE SALE OF THE BONDS FOR AIRPORT IMPROVEMENTS MUST BE SCHEDULED FOR RELEASE BY THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD OVER A FIVE-YEAR PERIOD BEGINNING WITH THE JANUARY TO JULY, 1991, PERIOD, TO PROVIDE THAT EACH PROJECT MUST HAVE THE APPROVAL OF THE COMMISSION AND AUTHORIZE THAT THE FUNDS MAY BE USED AS A MATCH FOR A PROJECT IF MATCHING FUNDS ARE AVAILABLE, AND TO INCREASE THE LIMITATION ON THE MAXIMUM AGGREGATE PRINCIPAL INDEBTEDNESS OF THE STATE.
Referred to Committee on Ways and Means.
H. 4578 -- Reps. Keyserling, J. Bailey, Nesbitt, T. Rogers and H. Brown: A BILL TO AMEND CHAPTER 1, TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC RECORDS, REPORTS, AND OFFICIAL DOCUMENTS, SO AS TO EXPAND THE DEFINITION OF "PUBLIC BODY" AND DEFINE "PUBLIC RECORD" AS IT IS DEFINED IN SECTION 30-4-20 (FREEDOM OF INFORMATION), TO DESIGNATE THE CHIEF ADMINISTRATIVE OFFICER OF AN AGENCY, SUBDIVISION, OR PUBLIC BODY AS THE LEGAL CUSTODIAN OF PUBLIC RECORDS INSTEAD OF THE OFFICIAL IN CHARGE OF THE OFFICE HAVING THE PUBLIC RECORD, TO INCREASE THE PENALTY FOR REMOVING A PUBLIC RECORD FROM THE OFFICE IN WHICH IT IS USUALLY KEPT OR ALTERING, DEFACING, MUTILATING, SECRETING, OR DESTROYING A RECORD, TO REQUIRE THE LEGAL CUSTODIAN OF PUBLIC RECORDS TO ADEQUATELY PROVIDE PROTECTION FOR THESE RECORDS, TO REQUIRE THE DEPARTMENT OF ARCHIVES AND HISTORY TO DEVELOP STANDARDS, PROCEDURES, TECHNIQUE, AND SCHEDULES FOR EFFECTIVE MANAGEMENT OF PUBLIC RECORDS AND INSTITUTE AND MAINTAIN A TRAINING AND INFORMATION PROGRAM IN ALL PHASES OF RECORDS AND INFORMATION MANAGEMENT FOR THE EFFICIENT AND ECONOMICAL MANAGEMENT OF RECORDS AND BRING THIS PROGRAM TO THE ATTENTION OF ALL AGENCIES AND SUBDIVISIONS, TO AUTHORIZE THE DEPARTMENT TO REVIEW ALL PUBLIC RECORDS FOR THE PURPOSE OF ESTABLISHING RECORDS SCHEDULES WHICH MAY BE ISSUED BY THE DEPARTMENT AS REGULATIONS WHICH MAY SET MINIMUM AND MAXIMUM RETENTION PERIODS FOR PUBLIC RECORDS, TO AUTHORIZE THE DEPARTMENT TO WAIVE ITS AUTHORITY TO REVIEW RECORDS UNDER CERTAIN CIRCUMSTANCES, TO PROHIBIT THE DISPOSAL OR DESTRUCTION OF RECORDS WITHOUT AN APPROVED RECORDS SCHEDULE, TO REQUIRE THE EXECUTIVE OFFICER OF EACH PUBLIC AGENCY OR BODY AND THE GOVERNING BODY OF EACH SUBDIVISION TO COOPERATE WITH THE DEPARTMENT IN ESTABLISHING A SUITABLE MEDIUM FOR THE RETENTION OF ARCHIVAL RECORDS, TO DELETE THE AUTHORITY OF THE DEPARTMENT TO WITHHOLD FROM PUBLIC INSPECTION CERTAIN RECORDS AND AUTHORIZE THE DIRECTOR TO WITHHOLD FROM PUBLIC ACCESS RECORDS FOR SPECIFIC REASONS, TO CHANGE THE MANNER IN WHICH THE DETERMINATION IS MADE FOR THE DESTRUCTION OF CERTAIN RECORDS, TO ALLOW THE REMOVAL OF RECORDS FOR MICROFILMING FOR PRESERVATION PURPOSES, AND TO INCREASE THE PENALTY FOR THE REFUSAL OR WILFUL NEGLECT OF A PUBLIC OFFICIAL OR CUSTODIAN OF PUBLIC RECORDS TO PERFORM ANY DUTY REQUIRED OF HIM BY SECTIONS 30-1-10 THROUGH 30-1-140.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4579 -- Rep. J.C. Johnson: A BILL TO AMEND CHAPTER 77 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO PROVIDE A PROCEDURE BY WHICH A STICKER OR EMBLEM MUST BE AFFIXED TO MOTOR VEHICLES EVIDENCING INSURANCE COVERAGE.
Referred to Committee on Labor, Commerce and Industry.
H. 4582 -- Reps. Winstead, Kirsh, Rama, Holt, Wells, J. Bailey, Boan and Kohn: A BILL TO AMEND CHAPTER 5, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HIGHWAY PATROL, SO AS TO PROVIDE FOR THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO DIRECTLY SUPERVISE THE PATROL INSTEAD OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Referred to Committee on Judiciary.
H. 4583 -- Rep. Koon: A BILL TO AMEND SECTION 50-13-236, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS IN LAKE MURRAY, SO AS TO FURTHER PROVIDE FOR THE WATERS TO WHICH THIS PROVISION APPLIES.
On motion of Rep. KOON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4584 -- Charleston Delegation: A JOINT RESOLUTION TO AUTHORIZE PATRIOT'S POINT DEVELOPMENT AUTHORITY TO BORROW NOT MORE THAN TWO HUNDRED TEN THOUSAND DOLLARS FROM THE STATE BUDGET AND CONTROL BOARD STATE-OWNED PROPERTY RENT ACCOUNT AND TO PROVIDE REPAYMENT TERMS.
Referred to Committee on Ways and Means.
S. 134 -- Senator Bryan: A JOINT RESOLUTION PROPOSING THE REPEAL OF SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ALLOWANCE OF DIVORCES FROM THE BONDS OF MATRIMONY.
Referred to Committee on Judiciary.
S. 908 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-175 SO AS TO PROVIDE THAT A STATE EMPLOYEE AT HIS REQUEST MUST BE EXCUSED FROM WORK BY HIS EMPLOYER DURING REGULAR STATE BUSINESS HOURS FOR THE PURPOSE OF DONATING BLOOD, AND TO PROVIDE FOR THE CONDITIONS UNDER WHICH THIS EXCUSAL MUST BE GRANTED.
Referred to Committee on Ways and Means.
S. 912 -- Senator Waddell: A BILL TO REPEAL SECTION 50-17-175, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIME CONSTRAINTS FOR APPLYING FOR LICENSES RELATING TO TRAWLING BOATS.
Referred to Committee on Agriculture and Natural Resources.
S. 919 -- Senators Courson, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2193 SO AS TO PROVIDE FOR NOTIFICATION OF A SCHOOL'S PRINCIPAL WHEN THE SCHOOL IS ATTENDED BY A PERSON TWENTY-ONE YEARS OF AGE OR YOUNGER COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES FOLLOWING CONVICTION OR ADJUDICATION OF DELINQUENCY FOR A VIOLENT CRIME.
Referred to Committee on Education and Public Works.
S. 990 -- Senators Williams and Giese: A BILL TO AMEND SECTION 16-17-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL TRANSPORTING OF A CHILD UNDER SIXTEEN YEARS OF AGE OUTSIDE THE STATE WITH INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO PROVIDE THAT IF A PERSON KEEPS A CHILD OUTSIDE THIS STATE FOR MORE THAN SEVENTY-TWO HOURS IN VIOLATION OF A CUSTODY ORDER, THIS IS NOT PRIMA FACIE EVIDENCE OF AN INTENTIONAL VIOLATION OF THIS SECTION BUT THAT IT IS PERMISSIBLE TO INFER THAT THE PERSON INTENDED TO COMMIT THIS VIOLATION.
Referred to Committee on Judiciary.
S. 1065 -- Senators Passailaigue, McConnell, Martschink and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 IN CHAPTER 9 OF TITLE 12 SO AS TO PROVIDE FOR STATE INCOME TAX WITHHOLDING ON THE AMOUNT REALIZED FROM THE SALE OF REAL PROPERTY AND ASSOCIATED TANGIBLE PERSONAL PROPERTY TO NONRESIDENTS, TO PROVIDE THAT THE CLOSING AGENT SHALL WITHHOLD AND PAY OVER THE TAX, TO PROVIDE THE METHOD FOR COMPUTING AND PAYING OVER THE AMOUNTS WITHHELD, TO ALLOW WITHHOLDING ON GAIN FROM THE SALE IF THE SELLER PROVIDES THE PURCHASER AN AFFIDAVIT STATING THE AMOUNT OF THE GAIN AND TO PROVIDE THAT THE SELLER MAY APPLY TO THE SOUTH CAROLINA TAX COMMISSION FOR REFUND OF EXCESS WITHHOLDING, TO ALLOW THE SOUTH CAROLINA TAX COMMISSION TO EXEMPT CLASSES OF TRANSACTIONS AND EXTEND TIME FOR PAYMENT AND TO PROVIDE DEFINITIONS; AND TO AMEND SECTION 12-9-310, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO DELETE THE WITHHOLDING REQUIREMENT ON SALES OF REAL PROPERTY AND ASSOCIATED TANGIBLE PERSONAL PROPERTY TO RESIDENTS.
Referred to Committee on Ways and Means.
S. 1108 -- Senators Hayes and Peeler: A JOINT RESOLUTION TO PROVIDE THAT THE TIME FOR FILING OF APPLICATIONS FOR PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR TAXABLE YEAR 1989 IS EXTENDED UNTIL JULY 1, 1990.
Referred to Committee on Ways and Means.
S. 1125 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD MAY DEVELOP AN OPTIONAL LONG-TERM CARE INSURANCE PROGRAM FOR EMPLOYEES AND RETIREES DEPENDING ON THE AVAILABILITY OF A QUALIFIED VENDOR; AND TO REPEAL SECTION 9-1-70 RELATING TO THE OPTIONAL LONG-TERM CARE INSURANCE PROGRAM.
Referred to Committee on Ways and Means.
S. 1149 -- Senators Gilbert, Saleeby, Leatherman, Hinds, McGill and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 11, TITLE 55 SO AS TO CREATE THE PEE DEE REGIONAL AIRPORT DISTRICT COMPOSED OF FLORENCE, DARLINGTON, MARION, MARLBORO, AND DILLON COUNTIES, ESTABLISH THE PEE DEE AIRPORT AUTHORITY, PROVIDE FOR THE POWERS, DUTIES, AND AUTHORITY OF THE AUTHORITY, CONFER ON THE DISTRICT THE AUTHORITY TO ISSUE REVENUE AND GENERAL OBLIGATION BONDS, EXEMPT THE PROPERTY AND INCOME OF THE DISTRICT FROM CERTAIN TAXES, EXEMPT THE CITY OF FLORENCE AND EACH OF THE COUNTIES COMPRISING THE DISTRICT FROM LIABILITY IN ANY NEGLECT OR MISMANAGEMENT IN THE OPERATION AND MAINTENANCE OF THE AIRPORT; AND TO REPEAL ACT 482 OF 1973 RELATING TO THE CREATION OF THE FLORENCE CITY-COUNTY AIRPORT COMMISSION.
Referred to Committee on Labor, Commerce and Industry.
S. 1153 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR GROUP HEALTH, GROUP ACCIDENT, GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO DELETE THE PROVISIONS DETAILING THE MINIMUM STANDARDS FOR MEDICARE SUPPLEMENT POLICIES, TO DELETE THE PROVISIONS PERTAINING TO THE GROUP POLICY AND SUBSCRIBER CONTRACTS TO WHICH THE STANDARDS DO NOT APPLY, AND TO PROVIDE FOR THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE REGULATIONS CONTAINING THE STANDARDS.
Referred to Committee on Labor, Commerce and Industry.
S. 1170 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO INSURANCE, SO AS TO REVISE THE DEFINITION OF ANNUITY.
Referred to Committee on Labor, Commerce and Industry.
S. 1171 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO INSURANCE, SO AS TO DEFINE "BY"; AND SECTION 38-39-30, RELATING TO THE INVESTIGATION OF AND ISSUANCE OF A LICENSE TO A PERSON TO ENGAGE IN THE BUSINESS OF SERVICING INSURANCE PREMIUMS, SO AS TO REQUIRE THAT BEFORE A FOREIGN CORPORATION MAY BE LICENSED, IT MUST BE REGULATED AND EXAMINED BY THE INSURANCE DEPARTMENT IN ITS STATE OF DOMICILE.
Referred to Committee on Labor, Commerce and Industry.
S. 1172 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH INSURANCE COVERAGE FOR NEWLY BORN CHILDREN, SO AS TO PROVIDE THE REQUIREMENTS FOR THE SECTION TO APPLY TO AN ADOPTED CHILD.
Referred to Committee on Labor, Commerce and Industry.
S. 1180 -- Senators Waddell, Martschink, Fielding, McConnell, McLeod and Passailaigue: A JOINT RESOLUTION TO PROVIDE A GRANT TO THE FRIENDS OF SNEE FARM FROM THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
Referred to Committee on Ways and Means.
The following was introduced:
H. 4580 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE JAMES H. HENDRIX ELEMENTARY SCHOOL OF INMAN IN SPARTANBURG COUNTY FOR BEING CHOSEN AS ONE OF THE CONGRESSIONAL DISTRICT'S WINNERS OF THE 1989-90 PALMETTO'S FINEST AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4581 -- Reps. Manly, Winstead and Holt: A CONCURRENT RESOLUTION TO COMMEND THE 42ND RAINBOW DIVISION FOR ITS DISTINGUISHED SERVICE TO OUR COUNTRY IN TWO WORLD WARS AND TO WELCOME THE VETERANS OF THE DIVISION TO ITS MID-YEAR REUNION TO BE HELD IN CHARLESTON, SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. WILKINS, with unanimous consent, the following was taken up for immediate consideration:
H. 4585 -- Reps. Sheheen, J. Rogers and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE GEORGE T. GREGORY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, FEBRUARY 28, 1990.
Be it resolved by the House of Representatives, the Senate concurring:
That the Chief Justice of the South Carolina Supreme Court, the Honorable George T. Gregory, Jr., is invited to address the General Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12:00 o'clock noon on Wednesday, February 28, 1990.
Be it further resolved that a copy of this resolution be delivered to Chief Justice Gregory.
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 Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Corbett Cork Corning Davenport Derrick Faber Fair Fant Farr Felder Foster Glover Gordon Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hendricks Hodges Holt Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McGinnis McKay McLellan McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Winstead Wofford Wright
I came in after the roll call and was present for the Session on February 6, 1990.
Tee Ferguson John B. Williams Joseph McElveen E.B. McLeod Malloy McEachin Larry E. Gentry Dick Elliott
LEAVES OF ABSENCE
The SPEAKER granted Rep. HARRISON a leave of absence for the week due to annual training with the Army Reserve Unit at Fort Bragg.
The SPEAKER granted Rep. COOPER a leave of absence for the day due to illness.
The SPEAKER granted Rep. McEACHIN a temporary leave of absence.
Announcement was made that Dr. Harrison Peeples of Estill is the Doctor of the Day for the General Assembly.
Rep. WALDROP 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. 3466 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-45-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO PROVIDE THAT IF THE PAYMENT DATES REQUIRED BY THIS SECTION FALL ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE DATES ARE EXTENDED TO THE END OF THE SECOND BUSINESS DAY IMMEDIATELY FOLLOWING WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.
The yeas and nays, were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, H. Brown, J. Bruce Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Corbett Cork Corning Derrick Fair Fant Felder Ferguson Foster Glover Gordon Hallman Harris, J. Harwell Haskins Hayes Hendricks Hodges Holt Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Martin, D. Martin, L. McAbee McBride McCain McElveen McGinnis McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Taylor Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Wright
Those who voted in the negative are:
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. KLAPMAN, KIRSH and WALDROP to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The following was received.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3466 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-45-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO PROVIDE THAT IF THE PAYMENT DATES REQUIRED BY THIS SECTION FALL ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE DATES ARE EXTENDED TO THE END OF THE SECOND BUSINESS DAY IMMEDIATELY FOLLOWING WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the bill pass amended as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 12-45-180 of the 1976 Code is amended to read:
"Section 12-45-180. When the taxes and assessments or any portion thereof of the taxes and assessments charged against any property or person on the duplicate for the current fiscal year are not paid before the sixteenth day of January or thirty days after the mailing of tax notices, whichever occurs later, the county auditor shall add a penalty of three percent on the county duplicate and the county treasurer shall collect the penalty; and if. If the taxes, assessments, and penalty are not paid before the second day of the next February, an additional penalty of seven percent must be added by the county auditor on the county duplicate and collected by the county treasurer; and if. If the taxes, assessments, and penalties are not paid before the seventeenth day of the next March, an additional penalty of five percent must be added by the county auditor on the county duplicate and collected by the county treasurer; and if. If the taxes, assessments, and penalties are not paid before the seventeenth day of March, the county treasurer shall issue his tax execution to the officer authorized and directed to collect delinquent taxes, assessments, penalties, and costs for their collection as provided in Chapter 51 of this title and they must be collected as required by that chapter. The United States postmark is the determining date for mailed payments.
If the payment dates required by this section fall on a Saturday, Sunday, or legal holiday, the dates are extended to the end of the second business day immediately following which is not a Saturday, Sunday, or legal holiday."
SECTION 2. Notwithstanding the provisions of Section 12-45-180 of the 1976 Code, in those counties which observed January 15, 1990, as a holiday, no penalty may be assessed for ad valorem taxes due for the 1989 taxable year paid on January 16 or 17, 1990, if the taxpayer files a sworn statement with the Treasurer stating that the taxpayer attempted to pay the tax due on January 15, 1990. Penalties paid by the taxpayer on those days on taxes due for the 1989 tax year must be refunded no later than March 1, 1990.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Thomas L. Moore /s/Jarvis R. Klapman /s/Thomas H. Pope, III /s/Herbert Kirsh /s/John C. Land, III /s/Dave C. Waldrop, Jr. On Part of the Senate. On Part of the House.
The Free Conference report was adopted and a message was ordered sent to the Senate accordingly.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Rep. BEASLEY moved to adjourn debate upon the following Joint Resolution until Wednesday, February 7, which was adopted.
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.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
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.
Reps. BLANDING, FOSTER, BARFIELD and DAVENPORT objected to the Bill.
The following Bill was taken up.
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 Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 03450).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 56-5-1520(d) of the 1976 Code, as last amended by Act 532 of 1988, is further amended to read:
"(d) Any A person violating the speed limits 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 speed limit but not in excess of more than ten miles an hour above the speed limit by a fine of not less than fifteen twenty-five dollars nor more than twenty-five thirty-five dollars;
(2) in excess of ten miles an hour but less not more than fifteen twenty-five miles an hour above the posted speed limit by a fine of not less than twenty-five fifty dollars nor more than fifty one hundred dollars; and
(3) in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and
(4) (3) in excess of twenty-five miles an hour above the posted speed limit by a fine of not less than seventy-five one hundred fifty dollars nor more than two three hundred dollars or imprisoned for not more than thirty days."
SECTION 2. Section 56-5-1520 of the 1976 Code is amended by adding an appropriately lettered subsection to read:
"( ) A person convicted of exceeding the speed limit by thirty or more miles an hour, in addition to the penalty and fine provided for in item (3) subsection (d), must have his license suspended by the department for thirty days."
SECTION 3. Section 56-5-1520(f) of the 1976 Code, as last amended by Act 532 of 1988, is further amended to read:
"(f) Five Ten dollars of the fines listed in subsection (d)(3) and (4) (2) and (3) 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 must first consider the need for additional highway patrolmen and for more extensive patrol of secondary roads and for additional highway safety programs."
SECTION 4. Section 56-1-720 of the 1976 Code, as last amended by Act 532 of 1988, is further amended to read:
"Section 56-1-720. There is 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 these persons for the privileges granted by 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 through, around, or under a
closed railroad crossing gate
or barrier 4
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. but
less than 25 m.p.h. above the
posted limits 4
(3) 25 m.p.h. or above the
posted limits 6
Disobedience of any an 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 5. Section 56-1-750 of the 1976 Code is amended to read:
"Section 56-1-750. In computing the total number of points charged to any a person after a particular violation, those accrued as a result of violations which have occurred during the twelve months' period including and immediately preceding the last violation shall must be counted at their full value, those accrued from twelve to twenty-four months preceding the last violation shall must be counted at one-half their established value, and those resulting from violations which occurred more than twenty-four months prior to before the last violation shall may not be counted. Computation of points commences on the date of conviction for that offense."
SECTION 6. The second paragraph of Section 56-7-10 of the 1976 Code is amended to read:
"No other ticket may be used for these offenses. The service of the uniform traffic ticket shall vest vests all traffic, recorders', and magistrates' courts with jurisdiction to hear and to dispose of the charge for which the ticket was issued and served. This ticket will must be designed by the Department of Highways and Public Transportation and approved by the Attorney General. The numbering, printing, appearance, ordering, accounting for, and method of payment of the uniform traffic tickets must be in accordance with procedures established by the department."
SECTION 7. Section 56-5-6190 of the 1976 Code is amended to read:
"Section 56-5-6190. It is a misdemeanor for any a person to violate any of the provisions a provision of this chapter unless such the violation is by this chapter or other law of this State declared to be a felony by statute.
Every A person convicted of a misdemeanor for a violation of any of the provisions a provision of this chapter for which another penalty is not provided shall must be punished by a fine of not more than one two hundred dollars or by imprisonment for not more than thirty days."
SECTION 8. Section 56-1-1020(a)(4) of the 1976 Code is amended to read:
"(4) Driving a motor vehicle while his license, permit, or privilege to drive a motor vehicle has been suspended or revoked, except a conviction for driving under suspension for failure to file proof of financial responsibility;".
SECTION 9. Section 56-10-270 of the 1976 Code, as last amended by Act 532 of 1988, is further amended to read:
"Section 56-10-270. (a) (A) Any A person knowingly operating an uninsured motor vehicle subject to registration in this State or any a 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 than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days and, upon conviction of a second offense, be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for thirty days, or both, and for a third and subsequent offenses must be fined not less than five hundred dollars nor more than two thousand dollars or imprisoned for not less than forty-five days nor more than six months, or both. Only convictions which occurred within five ten years including and immediately preceding the date of the last conviction violation 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)(B) The department, upon receipt of information to the effect receiving notice that any a person has been convicted of violating subsection (a) (A) of this section, shall suspend the driving privilege and all license plates and registration certificates issued in the person's name for a period of thirty days and may not reinstate that person's privileges until proof of financial responsibility has been filed.
(c)(C) Any A person whose license plates and registration certificates which are suspended as provided in this section, which and are not suspended for any other reason, may have them immediately restored immediately, if he files proof of financial responsibility with the department."
SECTION 10. Section 56-9-340 of the 1976 Code, as last amended by Act 532 of 1988, is further amended to read:
"Section 56-9-340. Any A 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 cancelled or terminated, or (c) who has neglected to furnish other proof upon request of the department shall immediately return immediately his license and registration to the department. If any a person fails to return to the department his license or registration as provided in this section, the department may secure possession by a commissioned highway patrolman through a designated agent. Any A person wilfully failing to return his license or registration as required in this section, 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 not less than two hundred dollars nor more than one thousand dollars or imprisoned for thirty days, or both,; and for a third and subsequent offenses must be fined not less than five hundred dollars nor more than two thousand dollars or imprisoned for not less than forty-five days nor more than six months, or both.
Only convictions which occurred within five ten years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section."
SECTION 11. Section 56-10-240 of the 1976 Code, as last amended by Act 148 of 1989, is further 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 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. If five working days after the last day to pay an automobile liability insurance premium, whether it is the premium due date or a grace period that is granted customarily or contractually a motor vehicle is an uninsured motor vehicle, the insurer shall give written notice, or notice by magnetic or electronic media in a manner considered satisfactory to the department, within ten days after the five-day period ends, in addition to that notice previously given in accordance with law, by delivery under United States Post Office bulk certified mail, return receipt requested, to the department of the cancellation or refusal to renew under the following circumstances:
(1) the lapse or termination of such insurance or security occurs within three months of issuance provided that this subsection only applies to new policies, and not renewal or replacement policies; or
(2) the lapse or termination occurs after three months for a resident who fails one or more of the objective standards prescribed in Section 38-73-455.
The department may, in its discretion, authorize insurers to utilize alternative methods of providing notice of cancellation of or refusal to renew to the department. The department may not reissue registration certificates and license plates for that vehicle until satisfactory evidence has been filed by the owner or by the insurer who gave the cancellation or refusal to renew notice to the department that the vehicle is insured. Upon receiving information to the effect that a policy is canceled or otherwise terminated on a motor vehicle registered in South Carolina, the department shall suspend the license plates and registration certificate and shall initiate action as required within fifteen days of the notice of cancellation to pick up the license plates and registration certificate. A person who has had his license plates and registration certificate suspended by the department, but who at the time of suspension possesses liability insurance coverage sufficient to meet the financial responsibility requirements as set forth in this chapter, has the right to appeal the suspension immediately to the Chief Insurance Commissioner. If the commissioner determines that the person has sufficient liability insurance coverage, he shall notify the department, and the suspension is voided immediately. The department shall give notice by first class mail of 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 office in the county where the person who surrenders the plates resides.
If the vehicle owner unlawfully refuses to surrender the suspended items as required in this article, the department through its designated agents or by request to a county or municipal law enforcement agency may take possession of the suspended license plates and registration certificate and may not reissue the registration until proper proof of liability insurance coverage is provided and until the owner has paid a reinstatement fee of two hundred dollars for the first refusal under this section, and three hundred dollars for each subsequent refusal. A person who voluntarily surrenders his license plates and registration certificate before their suspension shall only be charged a reinstatement fee of five dollars.
A 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 punished as follows:
(1) for a first offense, fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days;
(2) for a second offense, fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for thirty days, or both;
(3) for a third and subsequent offense, fined not less than five hundred dollars nor more than two thousand dollars or imprisoned for not less than forty-five days nor more than six months, or both.
Only convictions which occurred within ten years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section."
SECTION 12. Section 56-10-250 of the 1976 Code, as last amended by Act 532 of 1988, is further amended to read:
"Section 56-10-250. It is unlawful for any a vehicle owner to sell or otherwise dispose of any a motor vehicle, for which the registration and license plates have been suspended, to any a member of his family residing in the same household. Any A 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 not less than two hundred dollars nor more than one thousand dollars or imprisoned for thirty days, or both,; and for a third and subsequent offenses must be fined not less than five hundred dollars nor more than two thousand dollars or imprisoned for not less than forty-five days nor more than six months, or both. Only convictions which occurred within five ten years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section."
SECTION 13. Section 56-10-260 of the 1976 Code, as last amended by Act 532 of 1988, is further amended to read:
"Section 56-10-260. Any A person knowingly making a false certificate as to whether that a motor vehicle is an insured motor vehicle or presenting to the department false evidence that any a motor vehicle sought to be registered is insured 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 not less than two hundred dollars nor more than one thousand dollars or imprisoned for thirty days, or both,; and for a third and subsequent offenses must be fined not less than five hundred dollars nor more than two thousand dollars or imprisoned for not less than forty-five days nor more than six months, or both. Only convictions which occurred within five ten years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section. The department shall deny, for a period of six months, registration of any a 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 a person making a false certificate or offering false evidence, and then only when all other provisions of law have been complied with by that person."
SECTION 14. Section 56-1-460 of the 1976 Code, as last amended by Act 84 of 1987, is further amended to read:
"Section 56-1-460. (a) It is a misdemeanor for Any a person to operate who drives a motor vehicle on any a public highway of this State when his license to drive is cancelled, suspended, or revoked, and he must, upon conviction, be punished as follows, and no part of the minimum sentence and minimum fine may be suspended:
(1) for the first offense, fined not less than two hundred dollars nor more than four hundred dollars or imprisoned for not more than thirty days for the first violation,;
(2) for the second violation offense, fined not less than five hundred nor more than one thousand dollars and imprisoned for not less than sixty thirty consecutive days nor more than ninety days;, and
(3) for the third and subsequent violation offense, imprisoned for not less than ninety days nor more than six months., no portion of which may be suspended by the trial judge. The Department upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while his license was suspended for a definite period of time shall extend the period of the suspension for an additional like period. If the original period of suspension has expired or terminated before trial and conviction, the Department shall again suspend the license of the person for an additional like period of time. If the suspension is not for a definite period of time, the suspension must be for an additional three months. If the license of a person cited for a violation of this section is suspended solely pursuant to the provisions of Section 56-25-20, then the additional period of suspension pursuant to this section is thirty days and the person does not have to offer proof of financial responsibility as required under Section 56-9-500 prior to his license being reinstated. If the conviction was upon a charge of driving while a license was revoked, the Department shall not issue a new license for an additional period of one year from the date the person could otherwise have applied for a new license. Only those violations which occurred within a period of five years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section.
(4) In lieu of the imprisonment provided for above, the court may direct the person to provide ten hours of public service for each day of imprisonment to which the person was sentenced by the court.
(b) If the license of the It is a misdemeanor for a person to operate a motor vehicle on a public highway of this State when his license to drive convicted was is, at the time of the offense, suspended or revoked pursuant to the provisions of Section 56-1-650, 56-5-2910, 56-5-2945, or 56-5-2990, whether the offense took place during the definite period of suspension imposed or during a further period of suspension imposed as a result of the person's failure to enroll in or successfully complete ADSAP or file proof of financial responsibility or comply with any other requirements of law to be relicensed, then and he must, upon conviction, be punished as follows, and no part of the minimum sentence and minimum fine may be suspended:
(1) for a first offense, imprisoned for not less than ten days nor more than thirty days;
(2) for a second offense, imprisoned for not less than sixty consecutive days nor more than six months and fined not less than two thousand nor more than five thousand dollars;
(3) for a third and subsequent offense, not less than six consecutive months nor more than three years and fined not less than three thousand five hundred and not more than six thousand dollars.
(c) Upon receiving notice of the conviction of a person under this section for a violation which occurred while his license was suspended for a definite period of time, the department must extend the period of the suspension for an additional like period. If the violation occurred while his license was suspended for an indefinite period of time, the department must impose an additional period of suspension of three months beyond the time that the person would otherwise be eligible to be relicensed.
(d) If the conviction was for a violation which occurred while a license was revoked, the license shall remain revoked for an additional period of one year from the date the person could otherwise have applied for a new license.
(e) Only those violations which occurred within ten years including and immediately preceding the date of the last violation constitute prior offenses within the meaning of this section. Prior convictions under both subsections (a) and (b) must be added together to determine the number of prior offenses within the meaning of subsection (a). Only prior convictions under subsection (b) may be considered in determining the number of prior offenses within subsection (b).
(f) Notice of suspension under this section must be made to the person in writing."
SECTION 15. Section 56-1-350 of the 1976 Code is amended to read:
"Section 56-1-350. In all cases of cancellation, suspension, or revocation of drivers' licenses, the department shall notify the licensee as prescribed in Section 56-1-360 that his license has been cancelled, suspended, or revoked, and such the licensee shall within ten days after notice of cancellation, suspension, or revocation shall return his license to the department. Any A person wilfully failing to return his license as required by this section may, on conviction thereof, may be fined, upon conviction, not less than one two hundred dollars nor more than four hundred dollars or imprisoned for not more than thirty days."
SECTION 16. Section 56-1-1100 of the 1976 Code, as last amended by Act 532 of 1988, is further amended to read:
"Section 56-1-1100. It is unlawful for any a person to operate any a motor vehicle in this State while the decision of the department prohibiting the operation remains in effect. Any A person found to be a habitual offender under the provisions of this article, who is thereafter convicted of operating a motor vehicle in this State while the decision of the department prohibiting the operation is in effect, is guilty of a misdemeanor and must be imprisoned for not less than one year nor more than five years.
The department may not issue or reinstate the driver's license of a person who is convicted of operating a motor vehicle on a public highway of this State while he is a habitual offender for an additional period of one year from the date the person otherwise could have applied for a new license.
For the purpose of enforcing this section, in any a 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 department court before hearing the charges shall determine whether the person has been adjudged a habitual offender and is barred from operating a motor vehicle on the highways of this State. If the person is found to be a habitual offender the department court shall notify the solicitor or Attorney General and he, either of whom shall cause the appropriate criminal charges to be lodged against the offender."
SECTION 17. Section 56-1-450 of the 1976 Code is amended to read:
"Section 56-1-450. Any A person not licensed under this article or lawfully operating as a nonresident under this article, convicted of a violation for which suspension or revocation of driver's license or privilege to operate is made mandatory, who shall thereafter operate operates a motor vehicle in this State before such the time as he obtains a driver's license from the department or until the department shall find finds that he is properly qualified to operate as a nonresident, shall must be punished by a fine of one not less than two hundred dollars nor more than four hundred dollars or imprisonment for thirty days, and the period of time during which the department may not issue to him a driver's license or find that he is properly qualified to operate as a nonresident shall must be extended as provided in Section 56-1-460. Such A license shall may not be issued nor shall such may the findings be made until the lapse of the period of time counting from the date of conviction during which such the person's license would have been subject to suspension or revocation had he been properly licensed at the time of such the offense."
SECTION 18. Section 56-5-2775 of the 1976 Code, as added by Act 532 of 1988, is amended to read:
"Section 56-5-2775. The driver of any a 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 two hundred dollars nor more than two four hundred dollars or imprisonment for not more than thirty days. If the court orders a monetary fine rather than imprisonment, the court also may order thirty hours' public service employment."
SECTION 19. Section 56-5-2920 of the 1976 Code is amended to read:
"Section 56-5-2920. Any A person who drives any a vehicle in such a manner as to indicate that indicates either a wilful or wanton disregard for the safety of persons or property is guilty of reckless driving. The department, upon receiving satisfactory evidence of the conviction, of the entry of a plea of guilty, or the forfeiture of bail of any a person charged with a second and subsequent offense for the violation of this section shall forthwith suspend the driver's license of any such the person for a period of three months. Only those offenses which occurred within a period of five ten years including and immediately preceding the date of the last offense shall constitute prior offenses within the meaning of this section. Any (a) A person violating the provisions of this section shall, upon conviction, entry of a plea of guilty, or forfeiture of bail, must be punished by a fine of not less than twenty-five fifty dollars nor more than two four hundred dollars or by imprisonment for not more than thirty days. (b) If a person is convicted of the offense of reckless driving which results in great bodily injury to another person, as defined in Section 56-5-2945(B), he must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days, or both, and the department shall suspend his license for thirty days."
SECTION 20. Section 56-5-2910 of the 1976 Code is amended to read:
"Section 56-5-2910. When the death of any a person ensues within one year as a proximate result of injury received by the driving of any a vehicle in reckless disregard of the safety of others, the person so operating such the vehicle shall be is guilty of reckless homicide. Any A person convicted of reckless homicide, or any person who enters a plea of guilty or nolo contendere to reckless homicide, and receives sentence thereupon shall must be punished by a fine of not less than one thousand dollars nor more than five thousand dollars or by imprisonment imprisoned for not more than five ten years, or both. The department shall revoke for a period of five years the driver's license of any a person convicted of reckless homicide."
SECTION 21. Section 17-7-80 of the 1976 Code is amended to read:
"Section 17-7-80. Every coroner or other official responsible for performing the duties of coroner shall examine the body within eight hours of death of any driver and any pedestrian, sixteen years old or older, who dies within four hours of a motor vehicle accident or any swimmer or boat occupant who dies within four hours of a boating accident, and take or cause to have taken by a qualified person such blood or other fluids of the victim as are necessary to a determination of the presence and percentages of alcohol or drugs. Such blood or other fluids shall be forwarded to the South Carolina Law Enforcement Division within five days after the accident in accordance with procedures established by the Law Enforcement Division.
(A) When an accident results in the death of a driver, pedestrian, swimmer, or boat occupant within four hours of the accident, the coroner, his designee, or official performing like functions must withdraw blood or other bodily substance from the deceased person so the amount of alcohol or the presence of other drugs may be determined. When possible, the withdrawal must occur within eight hours of death.
(B) The coroner, his designee, or official performing like functions shall have the blood or other substance analyzed to determine the amount of alcohol or the presence of other drugs.
(C) The results of the analysis required by this section must be reported to SLED and may be used by state and local officials only for statistical purposes that do not reveal the identity of the deceased person. Nothing in this subsection restricts the tests as evidence in criminal or civil proceedings.
(D) Withdrawal and analysis of the sample of blood or other bodily substance must be done in accordance with SLED procedures."
SECTION 22. Chapter 1, Title 56 of the 1976 Code is amended by adding:
Section 56-1-1910. (A) The department shall suspend the driver's license of any person convicted of the offenses contained in Sections 61-9-50, 61-9-60, 61-13-287, 20-7-370, and 20-7-380 as follows:
(1) for a conviction for a first offense, for a period of thirty days;
(2) for a conviction for a second offense, for a period of sixty days;
(3) for a conviction for a third or subsequent offense, for a period of ninety days.
(B) For the purposes of determining prior offenses, a violation within ten years of the date of the most recent violation is considered a prior offense.
Section 56-1-1920. For purposes of this article, a conviction is defined as provided in Section 56-1-710."
SECTION 23. Article 3, Chapter 13, Title 61 of the 1976 Code is amended by adding:
"Section 61-13-837. Convictions or adjudications of the family court of the offenses contained in Sections 61-9-50, 61-9-60, 61-13-287, 20-7-370, and 20-7-380 must be reported to the South Carolina Department of Highways and Public Transportation."
SECTION 24. The first paragraph of Section 56-5-2940 of the 1976 Code, as last amended by Act 532 of 1988, is further amended to read:
"Any A person violating any a provision of Section 56-5-2930 shall, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail, must be punished in accordance with the following:
(1) By For a first offense, by a fine of not more than two four hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days,. for the first offense; provided, that in In lieu of the forty-eight hour minimum imprisonment the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment shall be served at a time when the person is off from work and shall not interfere with his regular employment under such terms and conditions as the court deems proper; provided, further, that the court may not compel an offender to perform public service employment in lieu of the minimum sentence.
(2) By For a second offense, both by a fine of not less than two thousand dollars nor more than five thousand dollars and either by imprisonment for not less than forty-eight hours nor more than one year for the second offense or by not less than eighty hours of public service employment upon terms and conditions the court considers proper. However, the 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 terms and conditions the court considers proper.
(3) By For a third offense, by a fine of not less than 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) For a fourth or subsequent offense, imprisonment Imprisonment for not less than one year nor more than five years for a fourth offense or subsequent offense."
SECTION 25. The first paragraph of Section 56-5-2950(a) of the 1976 Code, as last amended by Act 348 of 1988, is further amended to read:
"Any A person who operates a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs if arrested for an offense arising out of acts alleged to have been committed while the person was operating a motor vehicle while under the influence of alcohol, drugs, or a combination of them. Any A test must be administered at the direction of a law enforcement officer who has apprehended a person for operating a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them. At the direction of the arresting officer the person first must be offered a breath test to determine the alcohol concentration of his blood. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious, dead, or for any other reason considered acceptable by the licensed medical personnel, a blood sample may be taken. If the officer has reasonable grounds to believe that the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the breathalyzer breath analysis reading is ten one-hundredths of one percent by weight of alcohol in the person's blood or above, the officer may not require additional tests of the person as provided in this chapter. The breath test must be administered by a person trained and certified by SLED, using methods approved by SLED. The arresting officer may not administer the tests. Blood and urine tests must be taken administered by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, and other medical personnel trained to administer such tests in a licensed medical facility. Blood samples or urine samples must be obtained and handled in accordance with procedures approved by SLED. No tests may be administered or samples taken unless the person has been informed that he does not have to take the test or give the samples but that his privilege to drive must be suspended or denied for ninety days if he refuses to submit to the tests."
SECTION 26. Section 22-3-550 of the 1976 Code is amended to read:
"Section 22-3-550. Magistrates shall have jurisdiction of all offenses which may be are subject to the penalties of either fine or forfeiture not exceeding two hundred dollars or imprisonment in the jail or workhouse not exceeding thirty days and may impose any a sentence within those limits, singly or in the alternative.
Magistrates have jurisdiction concurrent with the circuit court over offenses for which the punishment is prescribed in Sections 56-1-350, 56-1-450, 56-1-460(a)(1), 56-5-1520(d), 56-5-2715, 56-5-2775, 56-5-2920, and 56-5-2940(1)."
SECTION 27. Section 56-1-520 of the 1976 Code is amended to read:
"Section 56-1-520. The Department department shall administer and enforce the provisions of this article in general, and law enforcement officers generally also shall also enforce applicable provisions within their respective jurisdictions. Recorders and municipal courts are hereby vested with all the same jurisdiction as magistrates necessary to hear, try, and determine criminal cases involving violations of this article occurring within the corporate limits of such municipalities where the punishment does not exceed a fine of one hundred dollars or imprisonment for thirty days, the same as magistrates the municipality."
SECTION 28. Section 56-1-1320 of the 1976 Code, as last amended by Act 532 of 1988, is further amended to read:
"Section 56-1-1320. A person with a South Carolina driver's license or a person exempted from the licensing requirements by Section 56-1-30, who is or has been convicted of a first offense violation of an ordinance of a municipality, or law of this State, that prohibits a person from operating a vehicle while under the influence of intoxicating liquor, drugs, or narcotics, and whose license is not presently suspended for any other reason, may apply to the Motor Vehicle Division of the department to obtain a provisional driver's license of a design to be determined by the department, to operate a motor vehicle. The person shall enter an Alcohol and Drug Safety Action Program as provided for in Section 56-1-1330, shall furnish proof of responsibility as provided for in Section 56-1-1350, and shall pay to the department a fee of five dollars for the provisional driver's license. The provisional driver's license is not valid for more than six months from the date of issue shown on the license. The determination of whether or not a provisional driver's license may be issued pursuant to the provisions of this article as well as reviews of cancellations or suspensions under Sections 56-1-370 and 56-1-820 of the 1976 Code must be made by the Director of the Motor Vehicle Division of the department or his designee. A person convicted, as defined in Section 56-1-1310, of first offense driving under the influence (Section 56-5-2930) is not eligible for a provisional driver's license for a period of ninety days."
SECTION 29. For purposes of determining a prior conviction under Sections 56-9-340, 56-10-240, 56-10-250, 56-10-260, and 56-10-270, a conviction which occurred before the effective date of this act is considered a prior conviction for purposes of determining whether the enhanced punishment provision applies if a subsequent conviction occurs within five years of the date of the prior conviction. A conviction which occurs on or after the effective date of this act is considered a prior conviction for purposes of determining whether the enhanced punishment provision applies if a subsequent conviction occurs within ten years of the date of the conviction.
SECTION 30. Sections 56-1-463, 56-1-465, and 56-7-20 of the 1976 Code are repealed.
SECTION 31. This act takes effect six months after approval by the Governor. A person arrested, charged, or indicted under those provisions of law amended by this act must be tried and sentenced and his driver's license suspended as provided by the law in force at the time of the commission of the crime./
Amend title to conform.
Rep. WILKINS explained the amendment.
Reps. TAYLOR, FARR, J. BROWN and SMITH objected to the Bill.
Rep. FARR moved to adjourn debate upon the following Bill until Tuesday, February 13, which was adopted.
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.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, February 7, which was adopted.
S. 233 -- Senators Leventis and Leatherman: A BILL TO AMEND TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND OTHER LIENS, BY ADDING CHAPTER 6 SO AS TO PROVIDE FOR TIMELY PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS AND TO PROVIDE FOR INTEREST ON LATE PAYMENTS.
The following Bill was taken up.
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.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0513o), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Article 3, Chapter 7, Title 44 of the 1976 Code is amended by adding:
"Section 44-7-315. Information received by the Office of Health Licensing of the department, through inspection or otherwise, in regard to a community residential care facility must be disclosed publicly upon written request to the department. The request must be specific as to the facility, dates, documents, and particular information requested. The department may not identify individuals present in a community residential care facility. When a report of deficiencies or violations regarding a community residential care facility is present in the department's files when a request for information is received, the department shall inform the applicant that it has stipulated corrective action and the time it determines for completion of the action. The department also shall inform the applicant that information on the resolution of the corrective action order is available upon written request within fifteen days or less of the termination of time it determines for completion of the action."/
Amend title to conform.
Rep. MOSS 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. 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 Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0515o), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 44-7-320(A) of the 1976 Code, as last amended by Act 670 of 1988, is further amended to read:
"(A)(1) The department may deny, suspend, or revoke licenses or assess a monetary penalty against any a person or facility for:
(1)(a) violation of any of violating the provisions a provision of this article or departmental regulations;
(2)(b) permitting, aiding, or abetting the commission of any an unlawful act relating to the securing of a Certificate of Need or the establishment, maintenance, or operation of a facility requiring certification of need or licensure under this article;
(3)(c) conduct or practices detrimental to the health or safety of patients, residents, clients, or employees of a facility or service. This provision may does not be construed to have any reference refer to health practices authorized by law;
(4)(d) refusing to admit and treat alcoholic and substance abusers, the mentally ill, or the mentally retarded, whose admission or treatment has been prescribed by a physician who is a member of the facility's medical staff; or discriminating against alcoholics, the mentally ill, or the mentally retarded solely because of the alcoholism, mental illness, or mental retardation;
(e) failing to allow a team advocacy inspection by the South Carolina Protection and Advocacy System for the Handicapped, Inc.
(5)(2) Consideration to deny, suspend, or revoke licenses or assess monetary penalties is not limited to information relating to the current licensing year but includes consideration of all pertinent information regarding the facility and the applicant."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. MOSS 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.
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. KIRSH explained the Bill.
Rep. RUDNICK moved to adjourn debate upon the Bill, which was rejected.
The Bill was then read the second time and ordered to third reading.
Rep. ALTMAN moved to adjourn debate upon the following Bill until Tuesday, February 13, which was adopted.
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.
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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 0139X), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. "Section 38-73-458. For purposes of determining compliance with the requirement of Section 38-73-455(A)(7) in determining the appropriate rate, an insurance agent may accept a notarized statement of compliance from an applicant for a policy of automobile insurance. The statement must be in a form approved by the Chief Insurance Commissioner and must include a warning printed in boldface type substantially as follows: 'MAKING A FALSE STATEMENT IN THIS AFFIDAVIT IS A CRIMINAL OFFENSE WITH A PENALTY OF A TWO HUNDRED DOLLAR FINE OR IMPRISONMENT FOR THIRTY DAYS'.
Section 38-73-459. A person who knowingly makes a false statement with respect to insurance coverage on the affidavit provided in Section 38-73-458 is guilty of a misdemeanor and, upon conviction, must be punished by a fine of two hundred dollars or imprisonment for thirty days."/
Renumber sections to conform.
Amend title to conform.
Rep. KOHN explained the amendment.
The amendment was then adopted.
Rep. KOHN explained the Bill.
Rep. MANLY objected to the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. T. ROGERS moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4561 -- Rep. Winstead: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE STUDENTS AND THEIR PARENTS, FACULTY, AND STAFF OF LADSON ELEMENTARY SCHOOL IN CHARLESTON ON ITS IDENTIFICATION BY THE STATE BOARD OF EDUCATION AS A DEREGULATED SCHOOL.
H. 4562 -- Reps. Kirsh, Foster, Hayes, Nesbitt and Short: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS BY DECLARING FEBRUARY 21, 1990, "YORK COUNTY DAY".
H. 4580 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE JAMES H. HENDRIX ELEMENTARY SCHOOL OF INMAN IN SPARTANBURG COUNTY FOR BEING CHOSEN AS ONE OF THE CONGRESSIONAL DISTRICT'S WINNERS OF THE 1989-90 PALMETTO'S FINEST AWARD.
H. 4581 -- Reps. Manly, Winstead and Holt: A CONCURRENT RESOLUTION TO COMMEND THE 42ND RAINBOW DIVISION FOR ITS DISTINGUISHED SERVICE TO OUR COUNTRY IN TWO WORLD WARS AND TO WELCOME THE VETERANS OF THE DIVISION TO ITS MID-YEAR REUNION TO BE HELD IN CHARLESTON, SOUTH CAROLINA.
At 1:00 P.M. the House in accordance with the motion of Rep. T. ROGERS adjourned to meet at 2:00 P.M. tomorrow.
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