Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God our Father, Who fills Heaven and earth with Your greatness and glory, we thank You for the loveliness of things all around which we see as the masterpieces of Your hand: the Spring flowers, the far off twinkle of the star, the music of the crystal stream, the deep roar of the sea, the far stretches of the meadows, the purple majesty of the mountains. Plant deep within us a more sensitive awareness of Your presence. May the healing breezes of good will blow across our minds, cleansing them of all selfishness and narrowness. Unite our efforts as we work diligently and steadfastly that "Your will be done on earth as it is in heaven".
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
Columbia, S.C., April 5, 1990
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:15 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. HENDRICKS the invitation was accepted.
The following was received.
Columbia, S.C., April 4, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1157:
S. 1157 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 9 TO TITLE 45 SO AS TO PROVIDE FOR THE REVOCATION OF ANY LICENSE OR PERMIT ISSUED BY THE STATE OR ITS POLITICAL SUBDIVISIONS TO AN ESTABLISHMENT OF PUBLIC ACCOMMODATIONS FOUND TO PRACTICE DISCRIMINATION ON ACCOUNT OF RACE, COLOR, RELIGION, OR NATIONAL ORIGIN AFTER A HEARING BY THE SOUTH CAROLINA HUMAN AFFAIRS COMMISSION, AND TO PROVIDE FOR CRIMINAL AND CIVIL PENALTIES AND REMEDIES FOR VIOLATIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., April 4, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 632:
S. 632 -- Senators Drummond, Rose and McLeod: A BILL TO AMEND SECTIONS 27-9-20 AND 27-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSERVATION RESTRICTIONS, SO AS TO EMPOWER THE DUCKS UNLIMITED FOUNDATION TO ACQUIRE AND DISPOSE OF CONSERVATION RESTRICTIONS OR EASEMENTS IN THE SAME MANNER AND WITH THE SAME PRIVILEGES AS GOVERNMENTAL BODIES AND THE NATURE CONSERVANCY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
April 4, 1990
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4647, R-456, a Joint Resolution:
TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO UNDERGROUND INJECTION CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1109, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
My office was contacted by the office of Legislative Council and asked to veto the above mentioned Joint Resolution since the 120 day period had already expired, and the regulations were published on March 23, 1990. If adopted, this Joint Resolution would serve only to confuse the issue of the effective date of the regulations.
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
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:
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Barfield Blackwell Boan Brown, G. Brown, H. Brown, J. Brown, R. Carnell Chamblee Cole Corbett Davenport Derrick Faber Fair Farr Felder Gregory Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Keegan Keesley Kinon Klapman Koon Lanford Limehouse Manly Mappus Martin, L. Mattos McAbee McBride McCain McKay McLellan McLeod Nesbitt Nettles Phillips Rama Rogers, T. Sharpe Sheheen Smith Taylor Tucker Vaughn Waites Wells Whipper White Wilder Wilkes Winstead Wofford Wright
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3873 -- Reps. Wilkins and Clyborne: A BILL TO REQUIRE MEMBERS OF STATE BOARDS, COMMITTEES, COUNCILS, AND COMMISSIONS TO ATTEND A MINIMUM NUMBER OF MEETINGS ANNUALLY, TO PROVIDE THAT FAILURE TO ATTEND THE REQUISITE NUMBER OF MEETINGS CONSTITUTES PERSISTENT NEGLECT OF DUTY FOR PURPOSES OF SECTION 1-3-240 OF THE 1976 CODE OF LAWS, AND TO PROVIDE THAT THIS ACT DOES NOT APPLY TO EX OFFICIO MEMBERS OR THEIR DESIGNEES.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4825 -- Reps. Davenport and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-242 SO AS TO PROVIDE THAT THE REQUIREMENTS FOR THE CONTINUING EDUCATION OF COSMETOLOGISTS MUST BE DETERMINED BY THE BOARD OF COSMETOLOGY.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 1363 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, RELATING TO SUPERVISORS' LICENSES, SO AS TO CHANGE THE NUMBER OF HOURS REQUIRED FOR RENEWAL AND THE LENGTH OF THE LICENSURE PERIOD, TO ADD LICENSED SUPERVISORS TO THE LIST OF LICENSEES AFFECTED BY THE CODE OF ETHICS, AND TO DELETE REFERENCES TO APPLICATION FORMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1208, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, and Rep. HODGES, for the minority, submitted an unfavorable report, on:
H. 4421 -- Reps. Haskins, Wells, Beasley, Hayes, Barfield, Fair, H. Brown, Keegan, Corbett, Vaughn, M.O. Alexander and Bruce: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 IN CHAPTER 41 OF TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA INFORMED CONSENT FOR ABORTION ACT AND TO PROVIDE PENALTIES FOR VIOLATION AND TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80 AS ARTICLE 1, CHAPTER 41, TITLE 44 OF THE 1976 CODE, ENTITLED "GENERAL PROVISIONS".
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4522 -- Rep. Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-155 SO AS TO PROVIDE THE STANDARDS TO BE FOLLOWED BY ACCOUNTANTS IN THE ANNUAL AUDIT OF THE OFFICES OF THE COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, AND TO PROVIDE A PENALTY FOR A COUNTY'S FAILURE TO COMPLY WITH THESE STANDARDS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4781 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION BY ADDING CHAPTER 36 SO AS TO ENACT THE SOUTH CAROLINA SALES AND USE TAX ACT, TO AMEND TITLE 6, RELATING TO LOCAL GOVERNMENT PROVISIONS, BY ADDING CHAPTER 4, SO AS TO PROVIDE FOR THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, TO AMEND CHAPTER 31, TITLE 59, RELATING TO STATE AID FOR SCHOOLS, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE DISTRIBUTION OF SALES, USE, AND CASUAL EXCISE TAXES FOR SCHOOLS, AND TO REPEAL CHAPTER 35, TITLE 12, RELATING TO SALES, USE, ACCOMMODATIONS, AND CASUAL EXCISE TAXES.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4872 -- Reps. Kirsh, McLellan, McCain and Winstead: A BILL TO AMEND SECTION 41-44-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP, SO AS TO PROVIDE THAT THE CORPORATION TO BE FORMED TO BE THE GENERAL PARTNER OF THE LIMITED PARTNERSHIP IS NOT REQUIRED TO BE NAMED THE PALMETTO SEED CAPITAL CORPORATION, AND TO PROVIDE THAT THE CREDITS ALLOWED FOR INVESTMENTS IN THE LIMITED PARTNERSHIP ALSO APPLY TO A TAXPAYER'S INSURANCE PREMIUM TAX LIABILITY; TO AMEND SECTION 41-44-60, AS AMENDED, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO MAKE THESE ABOVE-REFERENCED NAME AND TAX CREDIT CHANGES AND ALSO TO FURTHER PROVIDE FOR THE USE AND INVESTING OF THE INVESTMENT MONIES ACQUIRED BY THE FUND; TO AMEND ACT 643 OF 1988, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO CONFORM CERTAIN OF ITS PROVISIONS TO THE ABOVE-REFERENCED NAME CHANGE PROVISION; AND TO AMEND SECTIONS 41-44-90 AND 41-44-100, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO CONFORM THEM TO THE ABOVE-REFERENCED INSURANCE PREMIUM TAX CREDIT PROVISIONS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 1202 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 102 SO AS TO PROVIDE FOR THE REGULATION OF AGENT CONTRACTS AND OTHER ACTIVITIES AND RELATIONS BETWEEN ATHLETE AGENTS AND STUDENT ATHLETES, TO PROVIDE FOR THE REGISTRATION OF ATHLETE AGENTS, TO REQUIRE STUDENT ATHLETES TO PROVIDE WRITTEN NOTIFICATION TO CERTAIN PERSONS UPON ENTERING INTO A CONTRACT WITH AN ATHLETE AGENT, TO REQUIRE AGENT CONTRACTS BETWEEN ATHLETE AGENTS AND STUDENT ATHLETES TO CONTAIN CERTAIN WARNING PROVISIONS, TO PROVIDE THAT FAILURE TO INCLUDE THE WARNING PROVISION RENDERS THE CONTRACT VOID, TO AUTHORIZE CIVIL DAMAGES FOR CERTAIN VIOLATIONS, TO PROVIDE CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND SECTION 16-1-10, RELATING TO THE LIST OF CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THE OFFENSES IN CHAPTER 102 ABOVE WHICH ARE FELONIES TO THIS LIST.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4728 -- Rep. Kirsh: A BILL TO AMEND ACT 148 OF 1989, AS AMENDED, RELATING TO THE AUTOMOBILE INSURANCE REFORM ACT OF 1989, SO AS TO DECREASE THE PER DIEM FINE FROM FIVE DOLLARS TO ONE DOLLAR AND THE TOTAL FINE FROM A MAXIMUM OF TWO HUNDRED TO THIRTY DOLLARS FOR A FIRST OFFENSE FOR A LAPSE IN AUTOMOBILE LIABILITY INSURANCE COVERAGE, AND PROVIDE THAT THIS FINE BE REMITTED TO THE REINSURANCE FACILITY INSTEAD OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND MUST BE INCLUDED IN THE DETERMINATION OF THE RECOUPMENT FEE.
Ordered for consideration tomorrow.
The following was introduced:
H. 4947 -- Reps. Koon, Sturkie, Sharpe, Klapman, M.D. Burriss, Harrison, Wright, Quinn, T.M. Burriss, Felder, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Kohn, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Rama, Rhoad, J. Rogers, T. Rogers, Rudnick, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead and Wofford: A CONCURRENT RESOLUTION TO CONGRATULATE JAMES B. MCFARLAND, JR., OF LEXINGTON UPON ASSUMING THE PRESIDENCY OF THE HOME BUILDERS ASSOCIATION OF SOUTH CAROLINA FOR THE YEAR 1990.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. McLELLAN, with unanimous consent, the following was taken up for immediate consideration:
H. 4948 -- Reps. McLellan and Barber: A CONCURRENT RESOLUTION TO COMMEND SOUTH CAROLINA'S APPROXIMATELY THIRTY-FIVE THOUSAND TEACHERS FOR THEIR PROFESSIONALISM, INTEGRITY, AND THE CONSISTENTLY OUTSTANDING JOB THEY DO, AND TO EXPRESS THE SENSE OF THE GENERAL ASSEMBLY THAT THE RECENT 60 MINUTES TELEVISION PROGRAM ON THE CBS NETWORK WAS WRONG AND UNFAIR TO OUR STATE'S TEACHERS WHEN IT ALLEGED THAT THERE IS WIDESPREAD CHEATING ON STANDARDIZED TESTS IN THE PUBLIC SCHOOLS OF THIS STATE INVOLVING TEACHERS, STUDENTS, AND SCHOOL ADMINISTRATORS.
Whereas, the members of the General Assembly view with alarm the recent 60 Minutes television show on the CBS network which alleged that the teachers of South Carolina's public school systems encouraged cheating on standardized testing with the result that standardized test scores were artificially inflated; and
Whereas, this allegation does an injustice to this State's approximately thirty-five thousand teachers to whom truth and integrity are integral parts of the professionalism they display on a daily basis; and
Whereas, the State of South Carolina through such recent innovations as the Education Finance Act, the Education Improvement Act, and the Target 2000 Act has made tremendous progress in improving the quality of education offered to the young people of this State; and
Whereas, while it is true that standardized test scores and scores on exit exams do play a part in individual and school advancement and funding, the fact that our State's teachers, administrators, and school trustees put more emphasis on improving instructional programs is a logical result of these educational initiatives, and is one reason the quality of education has substantially improved in South Carolina; and
Whereas, South Carolina recently has become a role model that several other states have looked to regarding the question of education reform, and the fact that more time is spent in South Carolina's classrooms now on proper preparation for this type of testing does not mean that widespread cheating exists in this regard or that our teachers as a group are dishonest and that the system itself is corrupt; and
Whereas, if the conclusions of the 60 Minutes program were correct, the performance of our students on other types of standardized testing, such as the Scholastic Aptitude Test or the equivalent ACT test where cheating is virtually impossible, would be out of line with their performance on other standardized tests where it is alleged that cheating occurs. This, however, is not the case and the results of all testing, whether school administered or not, are consistent, improving, and in line with each other; and
Whereas, to take an isolated case of one teacher's mistake, however unfortunate it was, and to use it as an indictment of the teaching profession as a whole in this State is not accurate or fair and does a severe disservice to the ninety-nine plus percent of those teachers in this State who have labored with complete honesty and integrity in the classrooms on a daily basis without enough thanks to improve the quality of the learning of those students entrusted to their care; and
Whereas, the members of the General Assembly, by this resolution, are desirous of publicly commending and thanking each and every teacher and school administrator of this State for all that they have done to improve the quality of education in South Carolina, and are further desirous of expressing their disagreement with the conclusions and implications of this recent 60 Minutes program. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby commend South Carolina's approximately thirty-five thousand teachers for their professionalism, integrity, and the consistently outstanding job they do and express the sense of the General Assembly that the recent 60 Minutes television program on the CBS network was wrong and unfair to our State's teachers when it alleged that there is widespread cheating on standardized tests in the public schools of this State involving teachers, students, and school administrators.
Be it further resolved that a copy of this resolution be forwarded to the President of the CBS network.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4949 -- Reps. Koon, Sturkie, Sharpe, Klapman, Wright and Felder: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT OXYGEN AND RELATED EQUIPMENT PRESCRIBED BY A LICENSED PHYSICIAN.
Rep. M.O. ALEXANDER asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. McABEE objected.
Referred to Committee on Ways and Means.
S. 243 -- Senators Pope and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-50 SO AS TO PROHIBIT THE SALE OF CLEANING AGENTS CONTAINING PHOSPHATES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Agriculture and Natural Resources.
S. 1235 -- Senators McConnell, Martschink, Giese, Passailaigue, Mitchell, Drummond and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-13-160 SO AS TO REQUIRE A PET DEALER AND PET SHOP OWNER TO PROVIDE AN ANIMAL BUYER WITH A STATEMENT FROM A LICENSED VETERINARIAN THAT THE ANIMAL HAS BEEN EXAMINED AND IS FREE OF DISEASE AND DEFORMITY, PROVIDE REMEDIES, AND DEFINE TERMS.
Referred to Committee on Agriculture and Natural Resources.
S. 1255 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 44-56-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE DISPOSAL SITES, SO AS TO REVISE THE REQUIREMENTS FOR HAZARDOUS WASTE DISPOSAL BEGINNING JULY 1, 1990.
Referred to Committee on Agriculture and Natural Resources.
S. 1343 -- Senators Pope, Bryan, Russell, Setzler and Drummond: A BILL TO AMEND SECTION 42-1-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND COVERAGE OF COUNTY PRISONERS, SO AS TO DELETE THE LIMITATION THAT THIS SECTION APPLIES ONLY TO PRISONERS SERVING SENTENCES OF NINETY DAYS OR LONGER AND PROVIDE THAT IT APPLIES TO THE PRISONERS REGARDLESS OF THE LENGTH OF THE SENTENCE TO BE SERVED.
Referred to Committee on Labor, Commerce and Industry.
S. 1448 -- Senator Waddell: A BILL TO PROVIDE FOR THE DISSOLUTION OF THE BEAUFORT COUNTY RECREATION COMMISSION IN BEAUFORT COUNTY SUBJECT TO A FAVORABLE REFERENDUM VOTE AND THE ASSUMPTION OF THE FUNCTIONS AND OBLIGATIONS OF THE COMMISSION BY BEAUFORT COUNTY; AND TO REPEAL ACT 1732 OF 1972 RELATING TO THE CREATION OF THE BEAUFORT COUNTY RECREATION COMMISSION UPON THE CERTIFICATION OF A FAVORABLE REFERENDUM TO DISSOLVE THE COMMISSION.
Referred to Beaufort Delegation.
The following was introduced:
H. 4950 -- Interstate Cooperation Committee: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION, FOR RATIFICATION BY THE STATES, SPECIFYING THAT CONGRESS AND THE STATES HAVE THE POWER TO PROHIBIT THE PHYSICAL DESECRATION OF THE FLAG OF THE UNITED STATES OF AMERICA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4951 -- Reps. Gordon and Snow: A CONCURRENT RESOLUTION TO COMMEND WWKT-FM RADIO AND ITS EMPLOYEES FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4952 -- Reps. Gordon and Snow: A CONCURRENT RESOLUTION TO COMMEND WDKD-AM RADIO AND ITS EMPLOYEES FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4953 -- Reps. Gordon and Snow: A CONCURRENT RESOLUTION TO COMMEND THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND ITS EMPLOYEES FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER IN WILLIAMSBURG COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4954 -- Rep. Gordon: A CONCURRENT RESOLUTION TO COMMEND THE TOWN OF GREELYVILLE AND ITS EMPLOYEES FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER.
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 Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Corbett Davenport Derrick Faber Fair Fant Farr Felder Ferguson Foster Glover Gordon Gregory Harris, J. Harris, P. 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 Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod Neilson Nesbitt Nettles Phillips Rama Rhoad Rogers, J. Rogers, T. Sharpe Sheheen Simpson Smith Snow Stoddard Taylor 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 April 5, 1990.
Thomas E. Huff Robert O. Kay Irene K. Rudnick Harry Hallman Dick Elliott Ronald P. Townsend Rick Quinn Robert Barber Holly A. Cork Donna A. Moss Paul M. Burch C. Lenoir Sturkie T.M. Burriss Larry Gentry Roland S. Corning Doug McTeer Alex Harvin, III
LEAVE OF ABSENCE
The SPEAKER granted Rep. SHORT a leave of absence for the day.
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 4.
Announcement was made that Dr. Terry L. Dodge of Rock Hill is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 4927 -- Reps. Kay, Carnell and Townsend: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR ABBEVILLE COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF ABBEVILLE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION, TO PROVIDE FOR A DIRECTOR AND AN ASSISTANT FOR THE COMMISSION, AND PROVIDE A TRANSITION PERIOD.
H. 4510 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-27-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF ONE-HALF OF ONE PERCENT OF THE GASOLINE TAX REVENUES TO THE CREDIT OF THE WATER RECREATIONAL RESOURCES FUND OF THE STATE TREASURY, SO AS TO PROVIDE THAT DISTRIBUTIONS TO COUNTIES FROM THE FUND MAY BE USED FOR CAPITAL IMPROVEMENTS FOR RECREATIONAL PURPOSES.
H. 4694 -- Reps. Littlejohn, G. Bailey, Koon, Sharpe, Bruce, J. Bailey, Holt, Wells, Moss, Whipper, Corbett, Gordon, Smith, L. Martin, Fair, Vaughn, Keegan, Farr, McGinnis and Cole: A BILL TO AMEND SECTION 29-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO PAY A LABORER, SUBCONTRACTOR, OR MATERIALMAN, SO AS TO INCREASE THE PENALTY.
H. 4873 -- Rep. Moss: A BILL TO RE-ENACT SECTION 23-23-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND MEMBERSHIP OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL.
H. 4878 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO EXAMINATIONS, CLASSIFICATIONS, LIMITATION GROUPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1187, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4889 -- Reps. Boan and Hodges: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LANCASTER COUNTY FAIR ASSOCIATION.
H. 4443 -- Rep. L. Martin: A BILL TO AMEND SECTION 27-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF A RULE TO SHOW CAUSE WHY A TENANT SHOULD NOT BE EJECTED FROM A RENTED PREMISES, SO AS TO REVISE THE MANNER IN WHICH A COPY OF THIS RULE IS SERVED UPON THE TENANT.
H. 4816 -- Reps. Altman and T.M. Burriss: A BILL TO AMEND SECTION 11-35-3030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERFORMANCE AND PAYMENT BONDS CONCERNING CONSTRUCTION CONTRACTS, SO AS TO PROVIDE THAT SECURITY MAY BE PROVIDED IN LIEU OF A PERFORMANCE BOND AND PAYMENT BOND WHEN THE CONTRACT DOES NOT EXCEED FIFTY THOUSAND DOLLARS.
H. 4852 -- Reps. Wilkins, D. Martin, Burch, Hodges, Gentry, Huff, Clyborne, Nettles, Hayes, Harwell, Fair, McKay, Kinon, Corning, Keesley, Haskins and Wilder: A BILL TO ENACT THE "SAFE SCHOOLS ACT OF 1990"; TO AMEND SECTION 16-23-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 44-53-445, AS AMENDED, RELATING TO THE DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A CERTAIN PROXIMITY OF A SCHOOL, SO AS TO PROVIDE FOR MANDATORY FINE AND IMPRISONMENT AS PUNISHMENT, RATHER THAN "FINE OR IMPRISONMENT OR BOTH", AND TO PROVIDE FOR A SEPARATE CRIMINAL OFFENSE OF PURCHASING UNLAWFULLY A CONTROLLED SUBSTANCE WHILE WITHIN A RADIUS OF ONE-HALF MILE OF THE GROUNDS OF AN ELEMENTARY, MIDDLE, OR SECONDARY SCHOOL AND PROVIDE A PENALTY; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JURISDICTION BY CERTAIN COURTS OVER JUVENILES, SO AS TO PROVIDE THAT IF A CHILD FIFTEEN YEARS OF AGE OR OLDER IS CHARGED WITH A VIOLATION OF SECTION 16-23-430(1) OR SECTION 44-53-445, THE COURT MAY, UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, BIND OVER THE CHILD FOR PROPER CRIMINAL PROCEEDINGS TO A COURT WHICH WOULD HAVE TRIAL JURISDICTION OF THE OFFENSES IF COMMITTED BY AN ADULT; TO AMEND SECTION 20-7-3300, RELATING TO THE CONFIDENTIALITY OF JUVENILE RECORDS OF THE DEPARTMENT OF YOUTH SERVICES AND EXCEPTIONS, SO AS TO PROVIDE THAT RECORDS AND INFORMATION PROVIDED TO A PUBLIC OR PRIVATE SCHOOL BY THE DEPARTMENT MUST INCLUDE, IN CERTAIN CASES, A COPY OF, AND, IF REQUESTED, INFORMATION ABOUT, THE PERSON'S JUVENILE CRIMINAL RECORD, AND REQUIRE SCHOOL DISTRICTS TO DEVELOP A POLICY FOR SCHOOLS TO FOLLOW WITHIN THE DISTRICT REGARDING THE CONFIDENTIALITY OF THE RECORDS AND OTHER INFORMATION; AND TO AMEND CHAPTER 63, TITLE 59, RELATING TO EDUCATION AND PUPILS GENERALLY, BY ADDING ARTICLE 4 SO AS TO ENACT THE "SCHOOL CRIME REPORT ACT".
H. 4831 -- Reps. Wilkins, Baxley, Harwell, Hodges, Huff and Hayes: A BILL TO AMEND SECTION 16-3-1180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF CRIME VICTIM AWARDS, SO AS TO AUTHORIZE THE PAYMENT FOR MENTAL HEALTH COUNSELING SESSIONS FOR THE NUMBER OF SESSIONS WITHIN THE NINETY-DAY-PERIOD OR FIFTEEN SESSIONS, WHICHEVER IS GREATER.
H. 4657 -- Rep. Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-35-185 SO AS TO PROVIDE THAT LICENSED RETAIL DEALERS MAY PURCHASE, POSSESS, AND SELL TO QUALIFIED PERSONS ANY FIREARM OR PISTOL WHICH MAY BE USED OR POSSESSED BY LAW ENFORCEMENT OFFICERS IN THIS STATE, AND TO AUTHORIZE THESE QUALIFIED PERSONS TO USE AND POSSESS THESE FIREARMS OR PISTOLS IN THE MANNER PROVIDED BY LAW.
H. 4628 -- Rep. Taylor: A BILL TO AMEND SECTION 20-7-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PROPERTY BY A MINOR, SO AS TO DELETE PROVISIONS, ADD PROVISIONS, INCREASE THE AMOUNT OF LIABILITY FROM A MAXIMUM OF ONE THOUSAND DOLLARS TO A MAXIMUM OF TEN THOUSAND DOLLARS, AND EXPAND THE SCOPE AND COVERAGE OF THIS SECTION.
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.
H. 4606 -- Reps. McLeod, Stoddard, J.C. Johnson, Koon, Keyserling, G. Brown, McElveen, Blanding, Waites, J. Bailey, Smith, Corning, T.M. Burriss, Felder, Whipper, Huff, Barber, Washington, Holt, White, Bruce, Littlejohn, Fant and Glover: A BILL TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO REDUCE THE TIME PERIOD REGULATIONS ARE IN COMMITTEE AND UNDER CONSIDERATION; AND TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS BY A LEGISLATIVE COMMITTEE, SO AS TO CHANGE THE PROCEDURES UPON RESUBMISSION OF REGULATIONS BY AN AGENCY, AND TO DELETE THE AUTOMATIC APPROVAL PROVISION.
H. 4674 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, McLellan, Wilkins and Klapman: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA ATHLETIC TRAINERS' ADVISORY COMMITTEE FOR SIX YEARS AND TO AMEND SECTION 44-75-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA ATHLETIC TRAINERS' ADVISORY COMMITTEE, SO AS TO INCREASE THE SIZE OF THE BOARD FROM EIGHT TO NINE MEMBERS AND TO INCREASE THE NUMBER OF CERTIFIED ATHLETIC TRAINERS ON THE BOARD FROM THREE TO FOUR MEMBERS.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4939 -- Rep. Cole: A BILL TO AMEND ACT 318 OF 1965, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO BORROW A MAXIMUM OF TWO HUNDRED THOUSAND DOLLARS, RATHER THAN A MAXIMUM OF TWENTY THOUSAND DOLLARS.
S. 1216 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CRIMINAL JUSTICE ACADEMY, RELATING TO CERTIFICATION, DECERTIFICATION, AND ACCREDITATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1220, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4901 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO MANUFACTURED HOUSING BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 1207, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1229 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO BARRIER FREE DESIGN, DESIGNATED AS REGULATION DOCUMENT NUMBER 1152, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. DAVENPORT, with unanimous consent, it was ordered that H. 4939 be read the third time tomorrow.
On motion of Rep. WALDROP, with unanimous consent, it was ordered that S. 1216 be read the third time tomorrow.
On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that H. 4901 be read the third time tomorrow.
On motion of Rep. BLACKWELL, with unanimous consent, it was ordered that S. 1229 be read the third time tomorrow.
The following Bill and Joint Resolution were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 961 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-240 SO AS TO REQUIRE BAIL BOND MONEY TO BE DEPOSITED IN INTEREST-BEARING ACCOUNTS, TO PROVIDE THAT THE INTEREST ON THESE ACCOUNTS IS PUBLIC FUNDS, TO PROVIDE FOR THE DISTRIBUTION OF THE INTEREST, AND TO AUTHORIZE SOUTH CAROLINA COURT ADMINISTRATION TO PRESCRIBE PROCEDURES FOR HANDLING AND ACCOUNTING FOR BAIL BOND INTEREST.
S. 689 -- Senator McLeod: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY HEALTH CARE COVERAGE FOR THE MEDICALLY INDIGENT IN SOUTH CAROLINA AND PROVIDE FOR ITS MEMBERS, COMPENSATION, AND DUTIES.
The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1328 -- Senator Stilwell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF MACHO NACHO, INC., IN GREENVILLE COUNTY.
S. 1248 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO AMEND SECTION 10-5-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN, SO AS TO EXEMPT THE BOARD FROM REVIEW UNDER CHAPTER 20 OF TITLE 1, POPULARLY KNOWN AS THE SUNSET LAW.
S. 1249 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF BARRIER-FREE DESIGN FOR SIX YEARS.
S. 518 -- Senator McConnell: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION AS TO A PERSON'S FITNESS TO STAND TRIAL, SO AS TO INCLUDE CIVIL CONTEMPT IN THE CHARGES AGAINST HIM AND DELETE THE REFERENCE TO THE COUNTY COURT.
The following Bill was taken up.
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.
Rep. HASKINS explained the Bill.
The Bill was read the second time and ordered to third reading by a division vote of 87 to 0.
On motion of Rep. BLACKWELL, with unanimous consent, it was ordered that S. 1065 be read the third time tomorrow.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 4388 -- Reps. Rudnick, Smith, Sharpe and Huff: A BILL TO AMEND SECTION 58-23-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF TAXIS IN COUNTIES CONTAINING A CITY HAVING A POPULATION IN EXCESS OF SEVENTY THOUSAND PERSONS, SO AS TO REDUCE THIS POPULATION REQUIREMENT TO TEN THOUSAND PERSONS.
Rep. SIMPSON objected to the Bill.
Rep. L. MARTIN moved to adjourn debate upon the Bill until Thursday, April 12, which was adopted.
The following Bill was taken up.
H. 3605 -- Rep. Huff: A BILL TO AMEND SECTION 17-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOPSIES, PRELIMINARY EXAMINATIONS, AND INQUESTS AND THE DUTIES OF A CORONER CONCERNING MOTOR VEHICLE, SWIMMING, OR BOATING ACCIDENT DEATHS, SO AS TO REDEFINE "DRIVER" AND "PEDESTRIAN", TO APPLY THE PROVISIONS OF THIS SECTION TO A "VEHICLE PASSENGER", TO REQUIRE EXAMINATION OF THE BODY IN A TIMELY MANNER AFTER DEATH RATHER THAN WITHIN EIGHT HOURS OF DEATH, AND TO PROVIDE FOR THE COUNTING AND RECORDING AS VICTIMS OF ACCIDENTS INVOLVING ALCOHOL OR DRUGS CERTAIN PERSONS WHO DIE WITHIN ONE YEAR OF THE ACCIDENT.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0292l).
Amend the bill, as and if amended, in the last sentence of SECTION 1, by striking the words /one year/ and inserting the words /one hundred and eighty days/ so that the sentence, when amended, will read:
/"For reporting purposes, any victim of a motor vehicle or boating accident involving alcohol or drugs, whether that victim is a driver, vehicle passenger, pedestrian, swimmer, or boat occupant as described in this section, who dies at any time within one hundred and eighty days of the accident as a proximate result thereof must be counted and recorded as a victim of an accident involving alcohol or drugs."/
Further amend the bill by adding an appropriately numbered section to read:
/"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, and are not to be put into the Coroner's Book of Inquisition. Nothing in this subsection restricts the tests as evidence in criminal or civil proceedings."/
Renumber and retitle to conform.
Rep. J. BROWN explained the amendment.
Reps. McEACHIN, GREGORY and McLEOD objected to the Bill.
The following Bill was taken up.
H. 4276 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT NEW PLATES MAY BE ISSUED AT TIMES DETERMINED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF EVERY FIVE YEARS AND TO PROVIDE THAT THE DEPARTMENT MAY REVALIDATE ALL LICENSE PLATES EXCEPT VEHICLES EXCEEDING TWENTY-SIX THOUSAND POUNDS BY STICKER OR OTHER SUITABLE MEANS UPON PAYMENT OF THE SAME FEE PRESCRIBED FOR THE INITIAL ISSUANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1420 SO AS TO REQUIRE THE RETURN OF SPECIAL LICENSE PLATES FOR MEMBERS OF STATE BOARDS AND COMMISSIONS UPON THE EXPIRATION OF THEIR TERMS.
Rep. RUDNICK proposed the following Amendment No. 2 (Doc. No. 0720o).
Amend the bill, as and if amended, in Section 56-3-1420 of the 1976 Code, as contained in SECTION 1, by inserting immediately after /office/ on line 43 of page 2 the following /if he ceases to be a member of that board or commission. He shall then qualify to receive a license plate designating his retired status in the manner authorized by Article 45 of this chapter./
Amend the bill further, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ____. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-4510. The Department of Highways and Public Transportation may issue a special motor vehicle license plate to a retired member of the General Assembly, a retired member of the Highways and Public Transportation Commission, or a retired member of a state board, commission, or committee who is a resident of the State for a private passenger motor vehicle or truck, having a rated capacity of one ton or less, registered in his name. The annual fee for the special license plate is the regular motor vehicle registration fee, and only one plate may be issued to a person. The revenue from the issuance of plates under this article must be deposited in the manner provided for under Section 56-3-2020. The department shall issue the license plate or the revalidation sticker upon receipt of an application made under oath and in the form required by the department. The provisions of this article do not apply if the retired member applies for a special personalized motor vehicle license plate under the provisions of Section 56-3-2010.
Section 56-3-4520. The special license plate must be of the same size and general design as regular motor vehicle license plates. The department shall imprint the special license plates with words appropriate to the office the applicant retired from together with numbers which the department may determine to be necessary or expedient. The licensing period for the plate is on an annual basis and expires twelve months from the month it is issued.
Section 56-3-4530. A license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made and approved by the department. It is unlawful for a person to whom the plate has been issued knowingly to permit it to be displayed on any vehicle except the one authorized by the department.
Section 56-3-4540. The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but are cumulative to those other provisions. A person violating the provisions of this article or a person who: (1) fraudulently gives false or fictitious information in an application for a special license plate, as authorized in this article, (2) conceals a material fact, or (3) otherwise commits fraud in the application or in the use of a special license plate issued under this article is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days, or both."/
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. BEASLEY spoke against the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 2, Rep. BEASLEY having the floor.
Rep. R. BROWN withdrew his objection to the following Bill.
H. 3303 -- Reps. Sturkie, G. Bailey, Whipper, Klapman, Cork, White, J. Brown, Kohn, Barber, Rama, Hallman, Wright, McGinnis, Quinn, Nesbitt, Littlejohn, H. Brown, Jaskwhich, Haskins, Wofford and Fant: A BILL TO ENACT THE CLEAN INDOOR AIR AND PROMOTION OF PUBLIC HEALTH ACT OF 1989 AND TO PROVIDE PENALTIES FOR VIOLATIONS.
On motion of Rep. McLELLAN, with unanimous consent, the following Bill was ordered recalled from the 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.
Rep. CHAMBLEE, with unanimous consent, withdrew his objection to H. 3944 however, other objections remained upon the Bill.
On motion of Rep. MOSS, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.
S. 1137 -- Senators McLeod, Lourie, Nell W. Smith, Leatherman and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 66 TO TITLE 44 SO AS TO PROVIDE FOR THE ADULT HEALTH CARE CONSENT ACT.
On motion of Rep. WILKINS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 1223 -- Senators Moore, Nell W. Smith and Hayes: A BILL TO REPEAL SECTION 20-7-2355, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORT REQUIRED WHEN A CHILD IS REMOVED WITHIN SIX MONTHS AFTER HIS BIRTH FROM HIS BIOLOGICAL MOTHER.
Rep. SIMPSON asked unanimous consent to recall H. 3618 from the Committee on Agriculture and Natural Resources.
Rep. SHARPE objected.
Rep. BAXLEY, with unanimous consent, withdrew his objection to the following Bill.
H. 3384 -- Reps. Neilson, G. Bailey, Lockemy, Harwell, McKay, Phillips, Farr, Littlejohn, Moss, Glover, Fant, Wells, Cole, McCain and J. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-222 SO AS TO REQUIRE THE SELLER TO GIVE WRITTEN NOTICE TO THE PURCHASER OF REAL PROPERTY CLASSIFIED AS "AGRICULTURAL REAL PROPERTY" FOR PURPOSES OF AD VALOREM TAXATION THAT THE PROPERTY MAY BE SUBJECT TO THE ROLLBACK TAX; AND TO AMEND SECTION 12-45-70, RELATING TO THE DUE DATES FOR THE PAYMENT OF AD VALOREM TAXES, SO AS TO REQUIRE TAX NOTICES SENT TO THE OWNER OF AGRICULTURAL REAL PROPERTY TO CONTAIN A STATEMENT GIVING NOTICE OF THE PROPERTY BEING SUBJECT TO THE ROLLBACK TAX WHEN THE PROPERTY'S USE IS CHANGED AND TO REQUIRE A SELLER TO GIVE NOTICE IN WRITING TO A PURCHASER BEFORE CLOSING THE TRANSACTION OF THE ROLLBACK TAXES.
Rep. FARR, with unanimous consent, withdrew his objection to the following Bill.
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.
Rep. HARWELL arose to a point of personal privilege.
Rep. KLAPMAN, with unanimous consent, made a short statement.
Rep. FAIR moved that the House recur to the morning hour.
Rep. HUFF moved to table the motion, which was not agreed to by a division vote of 34 to 42.
The question then recurred to the motion to recur to the morning hour, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2, Rep. BEASLEY having the floor.
H. 4276 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT NEW PLATES MAY BE ISSUED AT TIMES DETERMINED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF EVERY FIVE YEARS AND TO PROVIDE THAT THE DEPARTMENT MAY REVALIDATE ALL LICENSE PLATES EXCEPT VEHICLES EXCEEDING TWENTY-SIX THOUSAND POUNDS BY STICKER OR OTHER SUITABLE MEANS UPON PAYMENT OF THE SAME FEE PRESCRIBED FOR THE INITIAL ISSUANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1420 SO AS TO REQUIRE THE RETURN OF SPECIAL LICENSE PLATES FOR MEMBERS OF STATE BOARDS AND COMMISSIONS UPON THE EXPIRATION OF THEIR TERMS.
Rep. BEASLEY moved to adjourn debate upon the Bill until Tuesday, April 10, which was adopted.
The following Bill was taken up.
H. 3956 -- Reps. Keegan, Corbett, Rama, Barfield and Sharpe: A BILL TO AMEND SECTION 56-5-4700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY VEHICLES, SCHOOL BUSES, AND POLICE VEHICLES FOR PURPOSES OF THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, SO AS TO PROVIDE FOR THE OPERATION OF EMERGENCY VEHICLES AND POLICE VEHICLES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 1269X), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-5-760 of the 1976 Code is amended to read:
"Section 56-5-760. (a) (A) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions of this section.
b.(b) The driver of an authorized emergency vehicle may:
1. (1) Park or stand, notwithstanding any other provision of this chapter.
2. (2) Proceed past a red or stop signal or stop sign but only after slowing down as may be necessary for safe operation.
3. (3) Exceed the maximum speed limit so long as if he does not endanger life or property.
4. (4) Disregard regulations governing direction of movement or turning in specified directions.
c. (C) The exemptions herein in this section granted to an authorized emergency vehicle shall apply only when such the vehicle is making use of an audible signal meeting the requirments of Section 56-5-4970 and visual signals meeting the requirements of Section 56-5-4700 of this chapter, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a blue light visible from in front of the vehicle use an audible signal nor display a visual signal when the vehicle is being used to:
(1) obtain evidence of a speeding violation;
(2) respond to a suspected crime in progress when use of an audible or visual signal, or both, could reasonably result in the destruction of evidence or escape of a suspect; or
(3) surveil another vehicle or its occupants who are suspected of involvement in a crime.
d. (D) The provisions of this section shall do not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons nor shall such do these provisions protect the driver from the consequences of his reckless disregard for the safety of others.
(E) Every law enforcement agency which uses authorized emergency vehicles shall provide written guidelines and training for its officers and employees regarding the operation of emergency vehicles. The Criminal Justice Academy shall develop model guidelines and a model training program for use by law enforcement agencies which use emergency vehicles."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. KEEGAN, with unanimous consent, it was ordered that H. 3956 be read the third time tomorrow.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, April 10, which was adopted.
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.
The following Bill was taken up.
H. 4782 -- Reps. Baxley, Wilder and Manly: A BILL TO AMEND SECTION 14-7-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REASONS FOR DISQUALIFICATION OF JURORS, SO AS TO PROVIDE THAT A PERSON WHO IS BLIND, HEARING OR SPEECH IMPAIRED, OR PHYSICALLY HANDICAPPED MAY NOT BE DISQUALIFIED TO ACT AS A JUROR OR BE EXCLUDED FROM A JURY LIST OR JURY SERVICE BECAUSE OF THESE HANDICAPS; AND TO AMEND SECTION 15-27-110, RELATING TO INTERPRETERS FOR THE DEAF, SO AS TO PROVIDE THAT AN INTERPRETER BE PROVIDED WHEN A DEAF PERSON IS A JUROR AND PROVIDE CRITERIA FOR THE USE OF AN INTERPRETER WHEN USED TO ASSIST A DEAF JUROR.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1335X), which was adopted.
Amend the bill, as and if amended, in Section 14-7-810(3) of the 1976 Code, as contained in SECTION 1, page 1, line 4, by striking /However, a/ and inserting /A/; on line 8, by inserting after /service/ /solely/; on line 8, by inserting before /of/ /the physical disability alone. However, the juror may be disqualified by the court for service upon a particular case if, in the discretion of the court, the evidence is of such a nature that the disability of the juror would interfere with his ability to comprehend the evidence./; and on lines 8, 9, and 10, by striking /blindness, hearing or speech impairment, or physical handicap alone./ so that when amended Section 14-7-810(3) reads:
"(3) He is incapable by reason of mental or physical infirmities to render efficient jury service. Legal blindness does not disqualify an otherwise qualified juror A person who is blind, hearing or speech impaired, or physically handicapped is not disqualified to act as a juror or be excluded from a jury list or jury service solely on the basis of the physical disability alone. However, the juror may be disqualified by the court for service upon a particular case if, in the discretion of the court, the evidence is of such a nature that the disability of the juror would interfere with his ability to comprehend the evidence./
Amend title to conform.
Rep. BAXLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WALDROP, with unanimous consent, it was ordered that H. 4782 be read the third time tomorrow.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4914 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICALLY INDIGENT ASSISTANCE FUND, DESIGNATED AS REGULATION DOCUMENT NUMBER 1189, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4925 -- Rep. Wright: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CHINQUAPIN HOLLOW, INC., IN LEXINGTON COUNTY.
H. 4727 -- Reps. Bennett and Rhoad: A BILL TO AMEND SECTION 50-17-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHAD, SO AS TO PROVIDE THAT WHITE OR HICKORY SHAD MAY BE TAKEN ALL YEAR WITH HOOK AND LINE FOR NONCOMMERCIAL PURPOSES.
S. 1228 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO 61-68 - WATER CLASSIFICATIONS AND STANDARDS AND 61-69 - CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1039, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4863 -- Rep. J. Rogers: A BILL TO AMEND SECTION 42-9-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR THE DEATH OF AN EMPLOYEE DUE TO AN ACCIDENT, SO AS TO PROVIDE THAT WHEN THE DECEASED EMPLOYEE'S CHILDREN ARE NO LONGER DEPENDENT THE REMAINING OF THAT PORTION OF THE AWARD MUST BE PAID TO A SURVIVING SPOUSE OR OTHER FULL DEPENDENT, OR IF THERE IS NONE, TO BE DISTRIBUTED IN THE SAME MANNER AS PROVIDED IN THIS SECTION FOR CASES WHERE THE EMPLOYEE IS SURVIVED BY NO FULL DEPENDENTS RATHER THAN DIVIDING THE BENEFITS EQUALLY AMONG ALL THE CHILDREN.
H. 4871 -- Reps. R. Brown, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Blanding, Boan, G. Brown, H. Brown, J. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Hallman, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Keegan, Keesley, Keyserling, Kinon, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Mappus, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Short, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waldrop, Washington, Wells, White, Wilkes, Wilkins, J. Williams, Winstead, Wofford and Wright: A BILL TO AMEND SECTIONS 38-43-200 AND 38-55-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, SO AS TO PERMIT THE PAYMENT OF A FEE TO A TRADE OR PROFESSIONAL ASSOCIATION EXEMPT FROM INCOME TAX UNDER THE INTERNAL REVENUE CODE.
Rep. R. BROWN explained the Bill.
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.
S. 936 -- Senators Bryan, Hayes, Peeler and Fielding: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF THE CAPACITY OF A PERSON CHARGED WITH A CRIME TO STAND TRIAL, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES TO BE FOLLOWED IN MAKING THIS DETERMINATION.
H. 4256 -- Reps. Blackwell and Cooper: A BILL TO AMEND SECTION 38-79-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATIENTS' COMPENSATION FUND, SO AS TO PROVIDE FOR IT TO BE USED TO PAY GENERAL LIABILITY AS WELL AS MEDICAL MALPRACTICE CLAIMS, SETTLEMENTS, AND JUDGMENTS.
Rep. BLACKWELL explained the Bill.
H. 4723 -- Reps. M.O. Alexander and T.C. Alexander: A BILL TO AMEND SECTION 12-35-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR THE RETAIL LICENSE, SO AS TO CONSOLIDATE THE PROVISIONS GOVERNING SPECIAL RETAIL LICENSES AND EXEMPTIONS FROM THE RETAIL LICENSE REQUIREMENT, TO CLARIFY THE LICENSE REQUIREMENTS FOR RETAILERS CONDUCTING A TRANSIENT OR TEMPORARY BUSINESS, AND TO PROVIDE DEFINITIONS, AND TO PROVIDE FOR A SPECIAL SALES TAX RETURN FOR SPECIAL EVENTS IN LIEU OF THE RETAIL LICENSE REQUIREMENTS AND DISCOUNT PROVISIONS, AND TO PROVIDE DEFINITIONS AND TO AUTHORIZE THE TAX COMMISSION TO DETERMINE WHICH LICENSE A RETAILER MUST OBTAIN.
Rep. M.O. ALEXANDER explained the Bill.
H. 4770 -- Rep. McLellan: A BILL TO AMEND SECTIONS 13-17-30, 13-17-40, AND 13-17-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO REDUCE THE MEMBERSHIP FROM TWENTY-FOUR TO THIRTEEN BY ELIMINATING SOME EX OFFICIO MEMBERS AND REDUCING THE ELECTED MEMBERS FROM TEN TO FIVE, TO AUTHORIZE THE AUTHORITY TO ESTABLISH AND OPERATE RESEARCH, COMPUTER AND TECHNOLOGY-RELATED PROJECTS, AND TO SPECIFY THAT THE AUTHORITY IS EXEMPT FROM INCOME, SALES AND USE, AND PROPERTY TAXES, AND TO REPEAL SECTIONS 13-17-110 AND 13-17-120 RELATING TO TAXES AND SURPLUS FUNDS OF THE SOUTH CAROLINA RESEARCH AUTHORITY.
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.
Rep. McABEE explained the Bill.
S. 1254 -- Finance Committee: A BILL TO AMEND SECTION 8-23-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFERRED COMPENSATION COMMISSION, SO AS TO REQUIRE THAT ONE MEMBER MUST BE A RETIRED STATE EMPLOYEE AND DELETE ARCHAIC PROVISIONS.
S. 1351 -- Senator Waddell: A BILL TO AMEND ACT 1278 OF 1970, AS AMENDED, RELATING TO THE ISSUANCE OF PLANT IMPROVEMENT BONDS BY CLEMSON UNIVERSITY, SO AS TO INCREASE FROM TWENTY TO THIRTY MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS.
Rep. McABEE explained the Bill.
S. 1352 -- Senator Waddell: A BILL TO AMEND ACT 456 OF 1961, AS AMENDED, RELATING TO THE ISSUANCE OF BONDS BY CLEMSON UNIVERSITY FOR STUDENT AND FACULTY HOUSING FACILITIES, SO AS TO INCREASE FROM THIRTY TO FORTY MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS.
Rep. McABEE explained the Bill.
On motion of Rep. BLACKWELL, with unanimous consent, it was ordered that H. 4914 be read the third time tomorrow.
On motion of Rep. WRIGHT, with unanimous consent, it was ordered that H. 4925 be read the third time tomorrow.
On motion of Rep. BENNETT, with unanimous consent, it was ordered that H. 4727 be read the third time tomorrow.
On motion of Rep. WALDROP, with unanimous consent, it was ordered that S. 1228 be read the third time tomorrow.
On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 4863 be read the third time tomorrow.
On motion of Rep. R. BROWN, with unanimous consent, it was ordered that H. 4871 be read the third time tomorrow.
On motion of Rep. BLACKWELL, with unanimous consent, it was ordered that S. 936 be read the third time tomorrow.
On motion of Rep. BLACKWELL, with unanimous consent, it was ordered that H. 4256 be read the third time tomorrow.
On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 4723 be read the third time tomorrow.
On motion of Rep. McLELLAN, with unanimous consent, it was ordered that H. 4770 be read the third time tomorrow.
On motion of Rep. McLELLAN, with unanimous consent, it was ordered that S. 908 be read the third time tomorrow.
On motion of Rep. WALDROP, with unanimous consent, it was ordered that S. 1351 be read the third time tomorrow.
On motion of Rep. McABEE, with unanimous consent, it was ordered that S. 1352 be read the third time tomorrow.
The following Bill was taken up.
H. 4922 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTION 39-41-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABOVEGROUND STORAGE OF PETROLEUM PRODUCTS, SO AS TO DETAIL THE REQUIREMENTS FOR STORAGE, DELETE THE REQUIREMENT THAT THE STATE FIRE COMMISSION PROMULGATE REGULATIONS FOR STORAGE, AND PROVIDE FOR THE APPLICATION OF AND EXCEPTIONS TO THE SECTION.
Rep. BAKER explained the Bill.
Rep. KLAPMAN moved to adjourn debate upon the Bill until Tuesday, April 10, which was adopted.
At 11:15 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R463) S. 1250 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ARCHITECTURAL EXAMINERS FOR SIX YEARS.
(R464) S. 1215 -- Finance Committee: AN ACT TO AMEND SECTION 12-35-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX ON TRANSIENT ACCOMMODATIONS, SO AS TO PROVIDE THAT THE TAX IS IMPOSED ONLY ON REVENUES DERIVED FROM THE RATE CHARGED FOR RENTAL OF SLEEPING ACCOMMODATIONS AND DOES NOT APPLY TO ANY ADDITIONAL GUEST CHARGES, AND TO DEFINE "ADDITIONAL GUEST CHARGE".
(R465) S. 1360 -- Senator Williams: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 11 AND 20 AND NEW VOLUME 20A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 1990.
(R466) S. 1323 -- Senator Land: AN ACT TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT AND ITS BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE EX OFFICIO MEMBER OF THE BOARD WHO IS THE CHIEF OF THE MEDICAL STAFF OF THE CLARENDON MEMORIAL HOSPITAL SHALL HAVE VOTING PRIVILEGES.
(R467) S. 988 -- Senator Waddell: AN ACT TO AMEND SECTION 11-15-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR REPORTING THE DEBT OF POLITICAL SUBDIVISIONS, SO AS TO PROVIDE THAT THE STATE TREASURER ANNUALLY SHALL PUBLISH A STATEMENT OF THE OBLIGATIONS OF POLITICAL SUBDIVISIONS RATHER THAN FURNISH A STATEMENT TO THE COMPTROLLER GENERAL FOR INCLUSION IN THE ANNUAL REPORT OF THE COMPTROLLER GENERAL.
(R468) S. 1404 -- Senators Helmly and Rose: AN ACT TO AMEND SECTION 7-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN BERKELEY COUNTY, SO AS TO REVISE THE NAMES OF THE PRECINCTS AND THE MANNER IN WHICH THE PRECINCT LINES ARE DEFINED, PROVIDE FOR THE ESTABLISHMENT OF THE POLLING PLACES, AND DELETE THE DESCRIPTION OF THE BOUNDARIES AND POLLING PLACES OF THE RUSSELLVILLE AND EADYTOWN PRECINCTS.
(R469) S. 1253 -- Medical Affairs Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-425 SO AS TO PROVIDE FOR THE REGULATION OF A PHARMACY LOCATED OUTSIDE THIS STATE WHOSE PRIMARY BUSINESS IS MAIL ORDER PRESCRIPTION SERVICE.
(R470) H. 3659 -- Reps. Waites, Faber, McBride, Whipper, Farr, Jaskwhich, Manly, Barber, Davenport, Ferguson, McLeod, Taylor, M.O. Alexander, J. Bailey, Rhoad, Washington, McKay, Felder, Neilson, Glover, Moss, T.C. Alexander, Quinn, Burch, Wilder, Vaughn, R. Brown, Elliott, T. Rogers, Cole, Littlejohn, Phillips, Foster, Snow, Altman and J. Rogers: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY HOMELESSNESS IN THIS STATE, AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE TASK FORCE.
(R471) H. 3223 -- Reps. Hearn, J.W. Johnson and Lockemy: AN ACT TO AMEND SECTION 42-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT BY THE WORKERS' COMPENSATION COMMISSION OF A DOCTOR TO EXAMINE AN INJURED EMPLOYEE AND TO COMPENSATION, SO AS TO CHANGE THE PROVISIONS REGARDING THE FEE AND THE EXPENSES TO BE PAID TO THE PHYSICIAN OR SURGEON MAKING THE EXAMINATION.
(R472) H. 3748 -- Rep. J. Bailey: AN ACT TO AMEND SECTION 5-23-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF A BOARD OF ADJUSTMENT, SO AS TO AUTHORIZE A MUNICIPALITY TO PROVIDE FOR A VARIANCE FOR A PROHIBITED USE OF LAND, A BUILDING, OR A STRUCTURE; TO AMEND SECTION 5-23-70, RELATING TO THE APPOINTMENT OF A BOARD, SO AS TO INCREASE ITS MEMBERSHIP; AND TO AMEND SECTION 5-23-140, RELATING TO THE ORDERS OF A BOARD ON APPEAL, SO AS TO PROVIDE FOR THE VOTE REQUIRED FOR A USE VARIANCE.
(R473) H. 4611 -- Reps. Boan, Kohn, McElveen, McLellan, Taylor and Harvin: AN ACT TO AMEND SECTION 38-72-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTENTIONS AND EXCEPTIONS OF THE LONG TERM CARE INSURANCE ACT, SO AS TO DELETE THE PROVISION THAT A POLICY NOT ADVERTISED, MARKETED, OR OFFERED AS LONG TERM CARE INSURANCE OR NURSING HOME INSURANCE NEED NOT MEET THE REQUIREMENTS OF THE ACT; SECTION 38-72-40, RELATING TO DEFINITIONS PERTAINING TO THE ACT, SO AS TO REVISE THE DEFINITION OF "LONG TERM CARE INSURANCE"; AND SECTION 38-72-60, RELATING TO REGULATIONS, POLICY AND CERTIFICATE REQUIREMENTS, POLICYHOLDERS RIGHTS, AND COVERAGE OUTLINE FOR LONG TERM CARE INSURANCE, SO AS TO REVISE THE REQUIREMENTS FOR PREEXISTING CONDITIONS AND FOR THE CONDITIONING OF BENEFITS, CHANGE THE REFERENCES TO POLICYHOLDER TO APPLICANT, PROVIDE FOR REFERENCES TO CERTIFICATE AS WELL AS POLICY, DELETE THE PROVISIONS FOR RETURN OF A POLICY ISSUED PURSUANT TO A DIRECT RESPONSE, REVISE THE REQUIREMENTS FOR AN OUTLINE OF COVERAGE, PROVIDE FOR A POLICY SUMMARY AND REPORT, AND PROVIDE FOR A RIDER AS WELL AS A POLICY TO COMPLY WITH THE ACT.
(R474) H. 4418 -- Rep. Beasley: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-48-35 SO AS TO PROVIDE FOR THE REQUIREMENTS THAT A STUDENT OF THE SPECIAL SCHOOL OF SCIENCE AND MATHEMATICS MUST MEET IN ORDER TO BE ELIGIBLE TO RECEIVE A STATE HIGH SCHOOL DIPLOMA, AND TO AUTHORIZE THE BOARD OF THE SPECIAL SCHOOL TO ISSUE ITS OWN HIGH SCHOOL DIPLOMA.
(R475) H. 4300 -- Rep. Limehouse: AN ACT TO AMEND SECTION 56-5-5015, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN DEVICES ON MOTOR VEHICLES, SO AS TO INCREASE THE SIZE OF THE LABEL REQUIRED TO BE INSTALLED ON THE DEVICES FROM ONE AND ONE-HALF SQUARE INCH TO TWO SQUARE INCHES AND TO REQUIRE THE LABEL TO INCLUDE THE INSTALLER'S NAME, ADDRESS, AND TELEPHONE NUMBER INSTEAD OF THE MANUFACTURER'S NAME.
(R476) H. 3132 -- Rep. Barfield: AN ACT TO AMEND SECTIONS 9-1-1620, 9-9-70, AND 9-11-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT BENEFIT OPTIONS AVAILABLE FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR PAYMENTS TO MORE THAN ONE BENEFICIARY AND TO PROVIDE FOR A BENEFIT REDUCTION FACTOR, TO PROVIDE THAT COST-OF-LIVING AND OTHER SPECIAL BENEFIT INCREASES ARE NOT APPLIED TO BENEFITS ADVANCED UNDER THE OPTION ALLOWING ADVANCEMENT OF SOCIAL SECURITY BENEFITS, AND TO PROVIDE THAT MEMBERS WHO DESIGNATED A SPOUSE AS A BENEFICIARY MAY MAKE A NEW DESIGNATION AFTER THE DEATH OF THE SPOUSE; TO AMEND THE 1976 CODE BY ADDING SECTIONS 9-1-100, 9-9-220, AND 9-11-15 SO AS TO PROVIDE THAT PAYMENTS TO BENEFICIARIES UNDER THESE RETIREMENT SYSTEMS MAY BE MADE TO MORE THAN ONE PERSON, TO TRUSTEES, AND TO ESTATES; TO AMEND SECTION 9-9-50, RELATING TO CREDITED SERVICE FOR MEMBERS OF THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR THE METHOD BY WHICH A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM WITH PRIOR LEGISLATIVE SERVICE MAY ESTABLISH CREDIT FOR HIS YEARS OF LEGISLATIVE SERVICE; TO AMEND SECTIONS 9-1-1770, 9-8-110, 9-9-100, AND 9-11-120, RELATING TO PAYMENTS OF DEATH BENEFITS FOR PURPOSES OF THE VARIOUS STATE RETIREMENT SYSTEMS, SO AS TO ALLOW DESIGNATION OF MORE THAN ONE BENEFICIARY.
(R477) H. 3596 -- Reps. Koon, G. Brown, Gentry, Sturkie and McLeod: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-356 SO AS TO MAKE IT UNLAWFUL TO DISCHARGE A GUN OR WEAPON WITHIN THREE HUNDRED YARDS OF A POULTRY LAYER OR BROILER HOUSE CONTAINING LIVE POULTRY WITHOUT THE PERMISSION OF THE OWNER, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
(R478) H. 4241 -- Reps. P. Harris, J. Harris, Mattos and Carnell: AN ACT 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.
(R479) H. 3774 -- Rep. Kirsh: AN ACT TO AMEND SECTIONS 15-74-10 THROUGH 15-74-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM LIABILITY FOR DONORS OF FOOD, SO AS TO DEFINE "FOOD BANK" AND INCLUDE IT IN THE EXEMPTION FROM CRIMINAL PENALTY OR CIVIL DAMAGES FOR THE DONATION OF DISTRESSED FOOD TO A BONA FIDE CHARITABLE OR NONPROFIT ORGANIZATION FOR FREE DISTRIBUTION.
(R480) H. 4685 -- Rep. Wilder: AN ACT TO AMEND ACT 501 OF 1971, AS AMENDED, RELATING TO VOCATIONAL EDUCATION IN BARNWELL COUNTY, SO AS TO CHANGE THE MEMBERSHIP OF THE VOCATIONAL EDUCATION SCHOOL BOARD.
At 11:25 A.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
The following Bill was taken up.
H. 4038 -- Reps. Sharpe, Corbett, Hallman, Manly, Sturkie, Waites and Wilkes: A BILL TO AMEND CHAPTER 5, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDWATER USE ACT, SO AS TO REVISE AND PROVIDE FOR ADDITIONAL DEFINITIONS IN REGARD TO THIS ACT, TO FURTHER PROVIDE FOR FACTORS WHICH THE WATER RESOURCES COMMISSION SHALL CONSIDER IN DETERMINING AND DECLARING CAPACITY USE AREAS IN THE STATE, TO REVISE THE PROCEDURES REQUIRED TO BE FOLLOWED IN DECLARING A CAPACITY USE AREA, TO FURTHER PROVIDE FOR THE PROMULGATION OF THE REGULATIONS TO BE APPLIED IN A CAPACITY USE AREA, TO REVISE THE CONDITIONS UNDER WHICH, PROCEDURES UNDER WHICH, AND DURATION OF GROUNDWATER USE PERMITS WHICH MAY BE ISSUED IN THE CAPACITY USE AREA, TO AUTHORIZE THE COMMISSION TO COOPERATE WITH OTHER STATE AGENCIES AND AGENCIES OF THE FEDERAL GOVERNMENT IN THE ADMINISTRATION OF THE PROVISIONS OF THIS ACT, TO AUTHORIZE THE IMPOSITION BY THE COMMISSION OF CERTAIN CIVIL PENALTIES FOR THE VIOLATION OF THIS ACT, AND TO PROHIBIT CERTAIN FLOWING WELLS AND TO PROVIDE EXCEPTIONS.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0189X), which was adopted.
Amend the bill, as and if amended, by striking Section 49-5-40(B)(5) on page 4 and inserting:
/(5) groundwater level declines have resulted in or may result in compaction of aquifers with subsequent reduction in aquifer productivity or subsidence of land surface;
(6) groundwater level declines or fluctuations have resulted in or may result in the formation of sinkholes and dolines;
(7) groundwater withdrawals have resulted in or may result in the capture and diversion of natural or man-made contaminants; or
(8) other reasons exist, as determined by the commission, that substantially may threaten, limit, or impair the ability to use groundwater for the benefit of the general welfare and public interest./
Amend further, page 7, by striking Section 49-5-50(A)(1) and (2) and inserting:
/(1) Provisions requiring water users within the area to submit reports not more frequently than at thirty-day intervals concerning quantity and quality of water used or withdrawn, sources of water, waterlevels, and the nature and distribution of the use thereof of the water.
(2) With respect to groundwaters provisions concerning the timing of withdrawals; provisions to protect against or abate saltwater encroachment and the migration of other contaminants; provisions to protect against or abate unreasonable adverse effects on other water users within the area, including, but not limited to, adverse effects on public use; and provisions to minimize waste by requiring users to employ water conservation measures./
Amend further, page 8, by striking Section 49-5-50(A)(5) and inserting:
/(5) With respect to wells provisions concerning minimum well design standards; provisions requiring approval by the commission of well design plans before construction and the issuance of any permit under this chapter; provisions regarding technical upgrading requirements on, for, or to permitted wells consistent with the level of regulation necessary in the capacity use area; and provisions concerning the abandonment of wells./
Amend further, page 9, by striking Section 49-5-50(B)(8) and (9) and inserting:
/(8) the efficacy of conservation measures with respect to the extent of reuse, reduction of losses to the ground, surface, and atmosphere, and prevention of unreasonable or wasteful use;
(9) diversion from or reduction of flows in other watercourses or aquifers; and
(10) any other relevant factors./
Amend further, page 18, by striking Section 49-5-70(E) and inserting:
/(E) The commission may require an applicant or permittee to construct, test, maintain, and monitor observation wells if reasonably necessary to evaluate the impact of a proposed or permitted well, mine, or pond on aquifers, water courses, existing or potential water users, land subsidence, or groundwater quality./
Amend further, page 21, by striking Section 49-5-110 and inserting:
/Section 49-5-110. Flowing wells that flow at a rate of greater than five thousand gallons a day at any time are an unreasonable use of groundwater constituting waste and are prohibited, except that these wells may be utilized as artesian wells to the extent actually necessary for a specific use. These wells must be fitted with a mechanism to restrict the flow of water if the flow is in excess of that necessary for the specific use. The commission may promulgate regulations to govern use of these wells in this State./
Amend further, page 22, by adding after Section 49-5-120:
/Section 49-5-130. The commission may negotiate agreements, accords, or compacts on behalf of and in the name of the State with other states or the United States, or both, with an agency, department, or commission of either, or both, relating to withdrawal or diversion of groundwater that impacts the groundwater of this State, or are connected to those waters. Any interstate compacts made by the commission by authority of this chapter are subject to approval by concurrent resolution of the General Assembly. The commission may represent this State in connection with groundwater withdrawals, diversions, or transfers occurring in other states which may affect this State./
Amend further by striking Section 2 and inserting:
/SECTION 2. (A)The amendments to Section 49-5-100 of the 1976 Code, as contained in Section 1 of this act, do not have the effect of releasing or extinguishing a penalty, forfeiture, or liability incurred under Section 49-5-100 (formerly Section 49-5-110) before the effective date of this act, and the penalty, forfeiture, or liability must be treated as remaining in force for the purpose of sustaining a proper action or prosecution for the enforcement of the penalty, forfeiture, or liability.
(B) The amendments to Section 49-5-100 (formerly Section 49-5-110) of the 1976 Code, as contained in Section 1 of this act, in addition to prospective application may be applied retroactively to a person violating a provision of Chapter 5, Title 49 of the 1976 Code, before the effective date of this act.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 4038 be read the third time tomorrow.
Rep. R. BROWN moved to adjourn debate upon the following Bill until Tuesday, April 10, which was adopted.
S. 1114 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-75-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO WINDSTORM AND HAIL INSURANCE; SECTION 38-75-320, RELATING TO THE PURPOSE OF THE WINDSTORM AND HAIL INSURANCE PROVISIONS; AND SECTION 38-75-330, RELATING TO THE CREATION AND MEMBERS OF THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, SO AS TO CHANGE THE REFERENCES TO WINDSTORM TO WIND.
The following Bill was taken up.
S. 1331 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-73 SO AS TO PROVIDE THAT EVERY BILL OR RESOLUTION WHICH MANDATES A HEALTH INSURANCE COVERAGE MUST HAVE ATTACHED TO IT A CERTAIN FISCAL IMPACT STATEMENT BEFORE BEING REPORTED OUT OF THE STANDING COMMITTEE TO WHICH IT HAS BEEN ASSIGNED.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 1085o).
Amend the bill, as and if amended, in Section 2-7-73(A) of the 1976 Code, as contained in SECTION 2, by striking /ten/ on line 21 of page 2 and inserting /thirty/.
When amended, Section 2-7-73(A) of the 1976 Code shall read:
/(A) Any bill or resolution which would mandate a health coverage or offering of a health coverage by an insurance carrier, health care service contractor, or health maintenance organization as a component of individual or group policies, must have attached to it a statement of the financial impact of the coverage, according to the guidelines enumerated in subsection (B). This financial impact analysis must be conducted by the Division of Research and Statistical Services and signed by the Chief Insurance Commissioner, or his designee. The statement required by this section must be delivered to the Senate or House committee to which any bill or resolution is referred, within thirty days of the written request of the Chairman of such committee./
Amend title to conform.
Rep. NEILSON explained the amendment and moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
H. 4436 -- Reps. Baker, Littlejohn, Sharpe, Koon, J.C. Johnson, Felder, Davenport, Clyborne, Farr, Manly, Keyserling, Vaughn, Smith, Nesbitt, Chamblee, Moss, Wells, Bruce, Phillips, Haskins, Fant, Cooper, Glover, R. Brown, T. Rogers, Wilkins, Jaskwhich, L. Martin, Fair, Kirsh and McCain: A BILL TO AMEND SECTION 44-53-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE OF PROPERTY USED OR CONNECTED WITH THE ILLEGAL USE OF A NARCOTIC OR CONTROLLED SUBSTANCE, SO AS TO AUTHORIZE THE FORFEITURE OF A MOTOR VEHICLE WHICH IS USED TO FACILITATE ANY TRANSACTION TO PURCHASE OR SELL CONTROLLED SUBSTANCES AND THEIR COMPOUNDS AND DELETE PROVISIONS AUTHORIZING THE FORFEITURE IF THE VEHICLE CONTAINED A CERTAIN AMOUNT OF THESE NARCOTICS OR CONTROLLED SUBSTANCES AND REFERENCES THAT THE QUANTITIES REFERRED TO IN THIS SECTION REFER TO CONTROLLED SUBSTANCES OR ANY COMBINATIONS OF THEM.
Rep. NETTLES made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
S. 1112 -- Senators Rose and Wilson: A BILL TO AMEND SUBARTICLE 17 OF CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2215, SO AS TO DEFINE CONTRABAND, AND TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS CONTRABAND OR FURNISH CONTRABAND TO A JUVENILE COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES, AND TO ESTABLISH CRIMINAL PENALTIES FOR VIOLATIONS.
Rep. WAITES made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
S. 925 -- Senator Pope: A BILL TO AMEND CHAPTER 15, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-15-615 SO AS TO PROVIDE THAT INDIVIDUALS, CORPORATIONS, PARTNERSHIPS, OR OTHER BUSINESS ENTITIES SHALL NOT BE REQUIRED TO BE REPRESENTED BY AN ATTORNEY IN A PROCEEDING BEFORE THE SOUTH CAROLINA OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
S. 1095 -- Senators Shealy, Setzler, Martschink, Peeler, Hinson, Holland, Long, Bryan, O'Dell, Horace C. Smith, Lee and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 14-7-845 AND 22-2-85 SO AS TO PROVIDE THAT JURY SERVICE FOR STUDENTS IS, UPON REQUEST, POSTPONED UNTIL A DATE THAT DOES NOT CONFLICT WITH THE SCHOOL TERM.
Rep. WAITES made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
S. 1242 -- Senator Williams: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY PROVISIONS AND PROCEDURES INVOLVING JUVENILE RECORDS AND INFORMATION, SO AS TO PROVIDE FOR THE RELEASE OF CERTAIN INFORMATION TO A VICTIM OF A VIOLENT CRIME ABOUT THE JUVENILE CHARGED WITH THE CRIME.
Rep. WAITES made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
H. 4780 -- Reps. P. Harris, Blackwell and Waldrop: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE FOR A REDUCTION IN THE TAXES DUE TO REFLECT THE EXEMPTION IF APPLICATION IS MADE AFTER JULY FIFTEENTH OF THAT TAX YEAR BUT BEFORE JANUARY FIFTEENTH OF THE SUCCEEDING TAX YEAR.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 0980X), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1, page 1, and inserting:
/SECTION 1. The first paragraph of Section 12-37-250 of the 1976 Code, as last amended by Act 108 of 1989, is further amended to read:
"The first twenty thousand dollars of the fair market value of the dwelling place of a person is exempt from county, municipal, school, and special assessment real estate property taxes when the person has been a resident of this State for at least one year and has reached the age of sixty-five years on or before December thirty-first, the person has been classified as totally and permanently disabled by a state or federal agency having the function of classifying persons, or the person is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed and holds complete fee simple title or a life estate to the dwelling place. A person claiming to be totally and permanently disabled, but who has not been classified by one of the agencies, may apply to the State Agency of Vocational Rehabilitation. The agency shall make an evaluation of the person using its own standards. The exemption includes the dwelling place when jointly owned in complete fee simple or life estate by husband and wife, and either has reached sixty-five years of age, or is totally and permanently disabled, or legally blind under this section, before January first of the tax year in which the exemption is claimed, and either has been a resident of the State for one year. The exemption must not be granted for the tax year in which it is claimed unless the person or his agent makes written application for the exemption before July sixteenth of that tax year. If the person or his agent makes written application for the exemption after July fifteenth, the exemption must not be granted except for the succeeding tax year for a person qualifying under this section when the application is made. However, if application is made after July fifteenth of that tax year but before the first penalty date on property taxes for that tax year by a person qualifying under this section when the application is made, the taxes due for that tax year must be reduced to reflect the exemption provided in this section. The application for the exemption must be made to the auditor of the county and to the governing body of the municipality in which the dwelling place is located upon forms provided by the county and municipality and approved by the Comptroller General, and a failure to apply constitutes a waiver of the exemption for that year. Beginning with tax year 1979 the auditor, as directed by the Comptroller General, shall notify the municipality of all applications for a homestead exemption within the municipality and the information necessary to calculate the amount of the exemption. 'Dwelling place' means the permanent home and legal residence of the applicant."/
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WALDROP, with unanimous consent, it was ordered that H. 4780 be read the third time tomorrow.
The following Bill was taken up.
H. 4818 -- Reps. Wright, Holt, Corbett, J. Bailey, Farr, Keesley, Whipper, Manly, Wells, Blackwell and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-39-360 SO AS TO PROVIDE THAT A COUNTY AUDITOR, WITH THE APPROVAL OF THE COUNTY GOVERNING BODY, MAY CONTRACT WITH INDEPENDENT AGENTS FOR AID AND ASSISTANCE IN DISCOVERING PERSONAL PROPERTY THAT HAS ESCAPED PROPERTY TAXATION AND TO PROVIDE THE SOURCE OF COMPENSATION FOR THE AGENTS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 1370X), which was adopted.
Amend the bill, as and if amended, by striking Section 12-39-360, as contained in SECTION 1, and inserting:
/Section 12-39-360. A county auditor, with the approval of the county's governing body, may contract with an independent agent for aid and assistance in locating and discovering real and personal property that has escaped appropriate taxation in the current and any preceding year in which the property may be taxed. The contract must contain conditions and terms required by the auditor and governing body. Payment for the services of the independent agent may be made only from taxes collected resulting from actions of the agent in locating and discovering the property./
Amend title to conform.
Rep. ROBERT B. BROWN proposed the following Amendment No. 2 (Doc. No. 1136o), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. 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 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. The county governing body may waive the penalty upon a satisfactory showing to it that the person had reasonable cause to delay payment."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. R. BROWN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WRIGHT, with unanimous consent, it was ordered that H. 4818 be read the third time tomorrow.
Rep. NEILSON moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
S. 1331 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-73 SO AS TO PROVIDE THAT EVERY BILL OR RESOLUTION WHICH MANDATES A HEALTH INSURANCE COVERAGE MUST HAVE ATTACHED TO IT A CERTAIN FISCAL IMPACT STATEMENT BEFORE BEING REPORTED OUT OF THE STANDING COMMITTEE TO WHICH IT HAS BEEN ASSIGNED.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 1085o), which was adopted.
Amend the bill, as and if amended, in Section 2-7-73(A) of the 1976 Code, as contained in SECTION 2, by striking /ten/ on line 21 of page 2 and inserting /thirty/.
When amended, Section 2-7-73(A) of the 1976 Code shall read:
/(A) Any bill or resolution which would mandate a health coverage or offering of a health coverage by an insurance carrier, health care service contractor, or health maintenance organization as a component of individual or group policies, must have attached to it a statement of the financial impact of the coverage, according to the guidelines enumerated in subsection (B). This financial impact analysis must be conducted by the Division of Research and Statistical Services and signed by the Chief Insurance Commissioner, or his designee. The statement required by this section must be delivered to the Senate or House committee to which any bill or resolution is referred, within thirty days of the written request of the Chairman of such committee./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. NEILSON, with unanimous consent, it was ordered that S. 1331 be read the third time tomorrow.
Rep. McLELLAN moved that the House recur to the morning hour, which was agreed to.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4955 -- Reps. J.C. Johnson and Jaskwhich: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1295 SO AS TO ALLOW A CREDIT AGAINST STATE INCOME TAX DUE EQUAL TO TEN PERCENT OF THE WAGES PAID BY THE TAXPAYER TO EMPLOY STUDENTS NOT YET GRADUATED FROM HIGH SCHOOL, TO LIMIT THE CREDIT TO THE WAGES OF STUDENTS WITH NO GRADE BELOW "C" IN THEIR LAST REPORTING PERIOD, TO DOUBLE THE CREDIT IN THE CASE OF THE WAGES PAID OTHERWISE ELIGIBLE MINORITY YOUTH, AND TO DEFINE "MINORITY".
Referred to Committee on Ways and Means.
H. 4956 -- Rep. Hayes: A BILL TO AMEND SECTIONS 62-2-201, 62-2-202, 62-2-203, 62-2-204, 62-2-205, 62-2-206, AND 62-2-207, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SURVIVING SPOUSE'S RIGHT TO TAKE AN ELECTIVE SHARE OF A DECEDENT'S ESTATE, SO AS TO PROVIDE THAT THE SURVIVING SPOUSE MAY TAKE ONE-THIRD OF THE AUGMENTED ESTATE RATHER THAN THE PROBATE ESTATE AND TO DEFINE THE TERM AUGMENTED ESTATE.
Referred to Committee on Judiciary.
H. 4957 -- Reps. McElveen, McEachin, McLeod, G. Brown, Blanding and Baxley: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT FACILITY LOCATION STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1180, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture and Natural Resources.
H. 4958 -- Reps. Wilkins, Sharpe, G. Bailey, Rama, Hallman, Nettles, Wofford, Wells, H. Brown, McGinnis and Mappus: A BILL TO AMEND SECTION 24-3-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WITNESSES AT AN EXECUTION UNDER THE DIRECTION OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS, SO AS TO REVISE THE PROVISIONS PERTAINING TO WHO MAY SERVE AS A WITNESS, PROVIDE FOR THE PROMULGATION OF REGULATIONS, AND PROHIBIT AUDIO RECORDERS, CAMERAS, AND RECORDING DEVICES IN THE CAPITAL PUNISHMENT FACILITY DURING AN EXECUTION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4959 -- Rep. Gentry: A BILL TO AMEND SECTION 46-17-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMODITIES MARKETING ORDERS, SO AS TO PROVIDE AN EXEMPTION FROM THE ADMINISTRATIVE PROCEDURES ACT FOR THE PROVISIONS PERTAINING TO AGRICULTURAL COMMODITIES MARKETING AND TO DELETE THE REFERENCE TO ASSESSMENTS, GRADING, AND QUALITY STANDARDS AS THE ONLY EXEMPTION.
Referred to Committee on Judiciary.
H. 4960 -- Reps. Neilson, Littlejohn, G. Brown, Wells, Holt, J. Bailey, Winstead, Waldrop, McKay, McGinnis, Beasley and Vaughn: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICES AND EMPLOYEES BY ADDING CHAPTER 16 SO AS TO AUTHORIZE CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.
Referred to Committee on Labor, Commerce and Industry.
H. 4961 -- Reps. G. Bailey, McLeod and Wells: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 67 SO AS TO ENACT THE HOMEBUYERS PROTECTION AND WARRANTY ACT.
Referred to Committee on Labor, Commerce and Industry.
The following was introduced:
H. 4962 -- Reps. J. Harris and Burch: A CONCURRENT RESOLUTION TO CONGRATULATE MR. J. D. JONES OF CHESTERFIELD COUNTY ON HIS LONG AND DISTINGUISHED LEADERSHIP WHILE SERVING AS THE CHAIRMAN OF THE CHESTERFIELD COUNTY DEMOCRATIC PARTY FOR TWENTY-EIGHT YEARS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Joint Resolution was taken up.
H. 3273 -- Reps. Nesbitt, Kirsh, Klapman, Boan, Hayes, Short, Foster and McGinnis: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, SECTION 15, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE BONDED INDEBTEDNESS OF SCHOOL DISTRICTS, SO AS TO INCREASE THE GENERAL OBLIGATION DEBT LIMIT FROM EIGHT TO TWELVE PERCENT OF THE ASSESSED VALUE OF ALL TAXABLE PROPERTY OF SCHOOL DISTRICTS.
Rep. T. ROGERS made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 1449 -- Senator Leventis: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE MIDLAND RETIRED MILITARY ASSOCIATION OF SOUTH CAROLINA.
On motion of Rep. WRIGHT, with unanimous consent, it was ordered that S. 1449 be read the third time tomorrow.
The following Bill was taken up.
S. 391 -- Senators Waddell, Lindsay, Lourie, Leatherman and Lee: A BILL TO AMEND SECTIONS 48-39-270 THROUGH 48-39-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO ADD SECTIONS 48-39-305 AND 48-39-355, PROVIDE FOR A THIRTY INSTEAD OF FORTY-YEAR RETREAT POLICY, REVISE DEFINITIONS, THE PROVISIONS FOR AND THE DETERMINATION OF THE BASELINE AND THE SETBACK LINE, THE DUTIES OF THE COASTAL COUNCIL, THE PROVISIONS FOR THE REPAIR AND REPLACEMENT OF A HABITABLE STRUCTURE OR RECREATIONAL AMENITY, EXEMPTIONS, EROSION CONTROL DEVICES, DAMAGE APPRAISALS, AND TIME LIMITATIONS, PROVIDE FOR A PETITION TO THE CIRCUIT COURT BY LANDOWNERS AND THE COURT'S DETERMINATION, PROVIDE FOR THE PLANTING OF VEGETATION, PROVIDE FOR THE CREATION AND REVISION OF THE BEACH MANAGEMENT PLAN PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, REVISE THE REQUIREMENTS OF A DISCLOSURE STATEMENT IN A CONTRACT OF SALE AND DEED, AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A PERMIT IS NOT REQUIRED AND FOR DOCUMENTATION; AMEND ACT 634 OF 1988, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE FOR A GRADUAL RETREAT FROM THE BEACH/DUNE SYSTEM OVER A THIRTY INSTEAD OF FORTY-YEAR PERIOD; AND PROVIDE FOR THE EFFECTIVE DATE.
Rep. McLELLAN raised the Point of Order that the Bill was out of order as it was not in compliance with Rule 4.4 which states that no statewide Bill directly appropriating money shall be considered by the House until after such Bill has been referred to the Ways and Means Committee.
SPEAKER Pro Tempore J. ROGERS stated that the Bill did appropriate revenue and he sustained the Point of Order and ordered the Bill referred to the Ways and Means Committee.
The following Bill was taken up.
H. 3303 -- Reps. Sturkie, G. Bailey, Whipper, Klapman, Cork, White, J. Brown, Kohn, Barber, Rama, Hallman, Wright, McGinnis, Quinn, Nesbitt, Littlejohn, H. Brown, Jaskwhich, Haskins, Wofford and Fant: A BILL TO ENACT THE CLEAN INDOOR AIR AND PROMOTION OF PUBLIC HEALTH ACT OF 1989 AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, March 29, by the Committee on Medical, Military, Public and Municipal Affairs.
The amendment was then adopted.
Rep. MOSS proposed the following Amendment No. 2 (Doc. No. 0283l), which was adopted.
Amend the bill in the second paragraph of the preamble by inserting the word /Air/ so that it reads:
/"WHEREAS, the Clean Indoor Air Act is an appropriate action to achieve this important objective, NOW, THEREFORE,/
Further amend the bill in SECTION 1 by inserting the word /Air/ so that it reads:
/"SECTION 1: This Act may be cited as the Clean Indoor Air Act of 1990."/
Further amend the bill in the first sentence of SECTION 1 (3) by inserting the word /enclosed/ so that the sentence reads:
/"(3) Government buildings (except health care facilities as provided for herein), except that smoking shall be allowed in enclosed private offices and designated areas of employee break areas; provided that smoking policies in the State Capitol and Legislative Office Buildings shall be determined by the office of government having control over that area of the buildings.
Reps. WALDROP and BAKER explained the amendment.
The amendment was then adopted.
Rep. BRUCE objected to the Bill.
Rep. NEILSON moved to adjourn debate upon the following Bill until Tuesday, April 10, which was adopted.
H. 3384 -- Reps. Neilson, G. Bailey, Lockemy, Harwell, McKay, Phillips, Farr, Littlejohn, Moss, Glover, Fant, Wells, Cole, McCain and J. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-222 SO AS TO REQUIRE THE SELLER TO GIVE WRITTEN NOTICE TO THE PURCHASER OF REAL PROPERTY CLASSIFIED AS "AGRICULTURAL REAL PROPERTY" FOR PURPOSES OF AD VALOREM TAXATION THAT THE PROPERTY MAY BE SUBJECT TO THE ROLLBACK TAX; AND TO AMEND SECTION 12-45-70, RELATING TO THE DUE DATES FOR THE PAYMENT OF AD VALOREM TAXES, SO AS TO REQUIRE TAX NOTICES SENT TO THE OWNER OF AGRICULTURAL REAL PROPERTY TO CONTAIN A STATEMENT GIVING NOTICE OF THE PROPERTY BEING SUBJECT TO THE ROLLBACK TAX WHEN THE PROPERTY'S USE IS CHANGED AND TO REQUIRE A SELLER TO GIVE NOTICE IN WRITING TO A PURCHASER BEFORE CLOSING THE TRANSACTION OF THE ROLLBACK TAXES.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, April 10, which was adopted.
H. 3848 -- Education and Public Works Committee: A BILL TO AMEND SECTIONS 56-1-40 AND 56-1-180, RELATING TO ISSUANCE OF DRIVERS' LICENSES AND SPECIAL RESTRICTED LICENSES, SO AS TO INCREASE THE AGE WHEN A PERSON MAY OBTAIN A LICENSE FROM SIXTEEN TO SIXTEEN YEARS AND SIX MONTHS OR OBTAIN A SPECIAL RESTRICTED LICENSE FROM FIFTEEN YEARS TO FIFTEEN YEARS AND SIX MONTHS AND TO REQUIRE A REPORT ON THE EFFECT OF THE AGE INCREASE; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO INCREASE THE PENALTIES FOR EXCEEDING THE LIMITS AND TO PROVIDE THAT THE PENALTY FOR EXCEEDING THE POSTED LIMIT BY THIRTY MILES AN HOUR OR MORE INCLUDES A DRIVER'S LICENSE SUSPENSION FOR THIRTY DAYS, AND TO PROVIDE THAT A PORTION OF FINES FOR SPEEDING PAID TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MUST BE USED FOR MORE EXTENSIVE PATROL OF SECONDARY ROADS AND FOR ADDITIONAL HIGHWAY SAFETY PROGRAMS; TO AMEND SECTION 56-1-720, AS AMENDED, RELATING TO THE POINT SYSTEM FOR VIOLATIONS OF MOVING VIOLATIONS, SO AS TO PROVIDE A SIX-POINT ASSESSMENT FOR DRIVING THROUGH, AROUND, OR UNDER A CLOSED RAILROAD CROSSING GATE OR BARRIER; TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO UNIFORM TRAFFIC TICKETS, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL PROMULGATE PROCEDURES RELATIVE TO THEM; TO AMEND SECTION 56-5-6190, RELATING TO THE GENERAL PENALTY FOR VIOLATIONS OF TRAFFIC REGULATIONS, SO AS TO INCREASE THE FINE PENALTY FROM NOT MORE THAN ONE HUNDRED DOLLARS TO NOT MORE THAN TWO HUNDRED DOLLARS; TO AMEND SECTION 56-1-1020, RELATING TO HABITUAL OFFENDERS, SO AS TO PROVIDE AS A GROUND FOR DECLARING A PERSON A HABITUAL OFFENDER, DRIVING UNDER SUSPENSION FOR FAILURE TO FILE PROOF OF FINANCIAL RESPONSIBILITY; TO AMEND SECTION 56-10-270, AS AMENDED, RELATING TO THE UNLAWFUL OPERATION OF AN UNINSURED MOTOR VEHICLE, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTIONS 56-9-340, 56-10-240, AND 56-10-260, ALL AS AMENDED, RELATING TO RETURN OF LICENSE PLATES AND REGISTRATIONS FOR NONCOMPLIANCE WITH THE FINANCIAL RESPONSIBILITY ACT AND MAKING FALSE CERTIFICATION IN REGARD TO INSURANCE, SO AS TO INCREASE THE PENALTY FOR FAILURE TO RETURN THEM AND FOR FALSE CERTIFICATION, TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS, TO PROVIDE THAT THE INSURER GIVE NOTICE OF CANCELLATION OR EXPIRATION OF LIABILITY INSURANCE COVERAGE IN ANOTHER MANNER ACCEPTABLE TO THE DEPARTMENT IN ADDITION TO CERTIFIED MAIL, AND PROVIDE THAT THE DEPARTMENT MUST GIVE NOTICE OF CANCELLATION OR SUSPENSION OF REGISTRATION PRIVILEGES TO THE VEHICLE OWNER BY FIRST CLASS INSTEAD OF CERTIFIED MAIL; TO AMEND SECTION 56-10-250, RELATING TO SELLING TO A FAMILY MEMBER A MOTOR VEHICLE WHOSE REGISTRATION AND LICENSE PLATES HAVE BEEN SUSPENDED, SO AS TO INCREASE PENALTIES FOR VIOLATIONS AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTION 56-1-350, RELATING TO RETURN TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OF SUSPENDED, CANCELLED, OR REVOKED DRIVERS' LICENSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 56-1-450 AND 56-1-460, AS AMENDED, RELATING TO UNLAWFUL OPERATION AFTER CONVICTION FOR WHICH SUSPENSION OR REVOCATION OF LICENSE IS MANDATORY, SO AS TO INCREASE PENALTIES FOR PERSONS CAUGHT DRIVING WHO NEVER HAD A LICENSE AND WHO HAVE BEEN CONVICTED PREVIOUSLY OF A VIOLATION FOR WHICH SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE WOULD HAVE BEEN MANDATORY IF HE HAD BEEN LICENSED TO DRIVE; TO AMEND SECTION 56-1-1100, AS AMENDED, RELATING TO HABITUAL OFFENDERS, SO AS TO PROVIDE THAT A DRIVER'S LICENSE MAY NOT BE ISSUED OR REINSTATED TO A HABITUAL OFFENDER UNTIL FIVE YEARS AFTER THE EXPIRATION OF THE SUSPENSION TERM; TO AMEND SECTION 56-5-2775, RELATING TO SCHOOL BUSES, SO AS TO INCREASE THE PENALTIES FOR FAILURE TO STOP FOR THEM AND TO PROVIDE FOR A COURT TO ORDER PUBLIC SERVICE EMPLOYMENT; TO AMEND SECTION 56-5-2715, RELATING TO HIGHWAY GRADE CROSSINGS AND RAILROAD SIGNS, SO AS TO PROVIDE PENALTIES FOR FAILURE TO STOP AT THEM; TO AMEND SECTION 56-5-2920, RELATING TO RECKLESS DRIVING, SO AS TO INCREASE PENALTIES FOR RECKLESS DRIVING AND ESTABLISH SEPARATE PUNISHMENT WITH INCREASED PENALTIES INCLUDING A THIRTY-DAY DRIVER'S LICENSE SUSPENSION FOR CONVICTION OF FIRST OFFENSE RECKLESS DRIVING WHICH RESULTS IN PERSONAL INJURY TO ANOTHER PERSON AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTION 56-5-2910, RELATING TO RECKLESS HOMICIDE, SO AS TO PROVIDE FOR MANDATORY IMPRISONMENT OF A PERSON CONVICTED OF THE CRIME AND INCREASE THE MAXIMUM PUNISHMENT FROM FIVE TO TEN YEARS; TO AMEND SECTION 56-5-2950 RELATING TO DRUG AND ALCOHOL TESTING, SO AS TO REQUIRE DRIVERS INVOLVED IN ACCIDENTS RESULTING IN DEATH TO SUBMIT TO DRUG OR ALCOHOL TESTING; TO AMEND SECTION 17-7-80, RELATING TO CORONERS, SO AS TO PROVIDE A PROCEDURE FOR TESTS FOR THE PRESENCE OF ALCOHOL IN THE BLOOD OF A DRIVER, PASSENGER, PEDESTRIAN, SWIMMER, OR BOAT OCCUPANT DYING IN A VEHICLE OR BOAT ACCIDENT; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-745 SO AS TO PROVIDE FOR THE SUSPENSION OR DELAY OF ISSUANCE OF A DRIVER'S LICENSE OF A PERSON CONVICTED OF ACTS WHICH PERSONS AT LEAST THIRTEEN YEARS OF AGE AND UNDER TWENTY-ONE YEARS OF AGE ARE PROHIBITED FROM PERFORMING; TO AMEND CHAPTER 1 OF TITLE 56 BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON WHO PURCHASES BEER OR WINE FOR A PERSON WHO MAY NOT LAWFULLY PURCHASE IT OR WHO TRANSFERS OR GIVES SUCH A PERSON BEER, WINE, OR ALCOHOLIC BEVERAGES; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF SECTION 56-5-2930 (DUI), SO AS TO INCREASE THE PENALTIES AND PERMIT THE COURT TO ORDER THE SERVICE OF PUBLIC SERVICE; TO AMEND SECTION 56-5-2930, RELATING TO THE PROHIBITION AGAINST DRIVING A VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS OR LIKE SUBSTANCES, SO AS TO MAKE IT UNLAWFUL TO OPERATE A VEHICLE UNDER CERTAIN CONDITIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2931 SO AS TO MAKE IT UNLAWFUL FOR A PERSON UNDER TWENTY-ONE YEARS OF AGE TO OPERATE A MOTOR VEHICLE AT A TIME WHEN A MEASURABLE ALCOHOL CONTENT IS IN THE PERSON'S BLOOD, TO PROVIDE FOR IMPLIED CONSENT TO TESTS, PROCEDURES RELATING TO ADMINISTERING THE TESTS, AND PENALTIES FOR REFUSAL TO SUBMIT TO TESTS; TO AMEND SECTION 56-5-2945, RELATING TO ACCIDENTS RESULTING IN GREAT BODILY INJURY OR DEATH, SO AS TO MAKE THE PROVISIONS APPLY TO OPERATING A VEHICLE INSTEAD OF DRIVING A VEHICLE; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO TESTS OF BREATH, BLOOD, OR URINE TO DETERMINE PRESENCE OF ALCOHOL OR DRUGS, SO AS TO CHANGE REFERENCES TO BREATHALYZER TO BREATH ANALYSIS, TO INCREASE THE DRIVER'S LICENSE SUSPENSION OR DENIAL FOR A PERSON WHO REFUSES TO SUBMIT TO SUCH A TEST FROM NINETY TO ONE HUNDRED TWENTY DAYS, TO PROVIDE THAT IF A PERSON SUBMITS TO SUCH A TEST AND THE TEST PROVES THAT HE HAS MORE THAN THE LAWFUL AMOUNT OF ALCOHOL OR DRUGS IN HIS SYSTEM THE SUSPENSION OR DENIAL IS NINETY DAYS, TO PROVIDE FOR THE IMMEDIATE CONFISCATION OF THE DRIVER'S LICENSE OR PERMIT OF A PERSON WHO REFUSES SUCH A TEST OR WHO TESTS AS HAVING MORE THAN A LAWFUL AMOUNT OF ALCOHOL OR DRUGS IN HIS SYSTEM AND TO PROVIDE THAT THE NOTICE AND ORDER WHICH IS GIVEN TO THE PERSON AT THE TIME OF CONFISCATION SERVES AS A TEMPORARY TEN-DAY LICENSE, TO PROVIDE FOR A REVIEW OF THE NOTICE AND ORDER BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION IF REQUESTED WITHIN THE TEN-DAY PERIOD, TO PROVIDE A PROCEDURE FOR THE ADMINISTRATIVE REVIEW AS IT APPLIES TO A REFUSAL BY A PERSON TO SUBMIT TO A TEST OR TO A PERSON FOUND TO HAVE HAD MORE THAN A LAWFUL AMOUNT OF ALCOHOL IN HIS SYSTEM; TO AMEND SECTION 22-3-550, RELATING TO MAGISTRATES, SO AS TO INCREASE THEIR CRIMINAL JURISDICTION TO INCLUDE VIOLATIONS OF SECTIONS 56-1-350, 56-1-450, 56-1-460(a)(1) AND (b)(1), 56-5-1520(d), 56-5-2715, 56-5-2775, 56-5-2920, 56-5-2931, AND 56-5-2940(1), 56-5-6190, AND FOR FIRST AND SECOND OFFENSES ONLY VIOLATIONS OF SECTIONS 56-9-340, 56-10-240, 56-10-250, 56-10-260, AND 56-10-270; TO AMEND SECTION 56-1-520, RELATING TO JURISDICTION OF RECORDERS AND MUNICIPAL COURTS, SO AS TO PROVIDE THAT THEY HAVE THE SAME JURISDICTION AS MAGISTRATES IN VIOLATIONS INVOLVING DRIVERS' LICENSES; AND TO REPEAL SECTIONS 56-1-463, 56-1-465, AND 56-7-20 RELATING TO LACK OF NOTICE OF PAYMENT OF FINES OR PENALTIES AND NOTICE OF SUSPENSIONS AND UNIFORM TRAFFIC TICKETS.
Rep. TUCKER withdrew his objection to H. 3823 however, other objections remained upon the Bill.
Reps. KAY and SMITH withdrew their objections to H. 4335 however, other objections remained upon the Bill.
Rep. HOLT moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4892 -- Reps. Jaskwhich, Keyserling, Snow, Elliott, Altman, Corbett, Bennett, McLeod, Haskins, McElveen, Clyborne, Wilkins and Keegan: A CONCURRENT RESOLUTION TO DECLARE SUNDAY, APRIL 22, 1990, AS "EARTH DAY 1990" IN SUPPORT OF THE DECADE OF THE ENVIRONMENT AND TO ENCOURAGE PUBLIC AND INDIVIDUAL PARTICIPATION IN APPROPRIATE ACTIVITIES PROMOTING PRESERVATION OF THE GLOBAL ENVIRONMENT.
H. 4947 -- Reps. Koon, Sturkie, Sharpe, Klapman, M.D. Burriss, Harrison, Wright, Quinn, T.M. Burriss, Felder, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Kohn, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Rama, Rhoad, J. Rogers, T. Rogers, Rudnick, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead and Wofford: A CONCURRENT RESOLUTION TO CONGRATULATE JAMES B. MCFARLAND, JR., OF LEXINGTON UPON ASSUMING THE PRESIDENCY OF THE HOME BUILDERS ASSOCIATION OF SOUTH CAROLINA FOR THE YEAR 1990.
H. 4948 -- Reps. McLellan and Barber: A CONCURRENT RESOLUTION TO COMMEND SOUTH CAROLINA'S APPROXIMATELY THIRTY-FIVE THOUSAND TEACHERS FOR THEIR PROFESSIONALISM, INTEGRITY, AND THE CONSISTENTLY OUTSTANDING JOB THEY DO, AND TO EXPRESS THE SENSE OF THE GENERAL ASSEMBLY THAT THE RECENT 60 MINUTES TELEVISION PROGRAM ON THE CBS NETWORK WAS WRONG AND UNFAIR TO OUR STATE'S TEACHERS WHEN IT ALLEGED THAT THERE IS WIDESPREAD CHEATING ON STANDARDIZED TESTS IN THE PUBLIC SCHOOLS OF THIS STATE INVOLVING TEACHERS, STUDENTS, AND SCHOOL ADMINISTRATORS.
H. 4951 -- Reps. Gordon and Snow: A CONCURRENT RESOLUTION TO COMMEND WWKT-FM RADIO AND ITS EMPLOYEES FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER.
H. 4952 -- Reps. Gordon and Snow: A CONCURRENT RESOLUTION TO COMMEND WDKD-AM RADIO AND ITS EMPLOYEES FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER.
H. 4953 -- Reps. Gordon and Snow: A CONCURRENT RESOLUTION TO COMMEND THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND ITS EMPLOYEES FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER IN WILLIAMSBURG COUNTY.
H. 4954 -- Rep. Gordon: A CONCURRENT RESOLUTION TO COMMEND THE TOWN OF GREELYVILLE AND ITS EMPLOYEES FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER.
H. 4962 -- Reps. J. Harris and Burch: A CONCURRENT RESOLUTION TO CONGRATULATE MR. J. D. JONES OF CHESTERFIELD COUNTY ON HIS LONG AND DISTINGUISHED LEADERSHIP WHILE SERVING AS THE CHAIRMAN OF THE CHESTERFIELD COUNTY DEMOCRATIC PARTY FOR TWENTY-EIGHT YEARS.
At 12:10 P.M. the House in accordance with the motion of Rep. HOLT adjourned to meet at 10:00 A.M. tomorrow.
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