Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Gracious Father, we thank You for Your blessings which have sustained us, for Your discipline which has corrected us, and for Your love which has redeemed us. Amid the shifting shadows of the world, give us clear eyes to discern the shining truths of the eternal. Grant us the vision to see beyond selfish ambition and hollow pride and behold Your unchanging truths standing like mountain peaks piercing the sky. Keep poisoning evil from devastating our lives which would subdue us to low standards, confuse us by it chaos, and crush us under its tragedy. Keep us loyal to highest ideals. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
The following were received and referred to the appropriate committees for consideration.
Document No. 1255
Promulgated By Wildlife and Marine Resources
Birds, Fish, Reptiles
Received by Speaker April 5, 1990
Referred to House Committee on Agriculture and Natural Resources
120 day expiration date August 3, 1990
Document No. 1256
Promulgated By Wildlife and Marine Resources
Endangered Species List
Received by Speaker April 5, 1990
Referred to House Committee on Agriculture and Natural Resources
120 day expiration date August 5, 1990
Document No. 1258
Promulgated By Department of Insurance
Uniform Classification and Territorial Plans - Automobile
Received by Speaker April 5, 1990
Referred to House Committee on Labor, Commerce and Industry
120 day expiration date August 3, 1990
The following was received.
Columbia, S.C., April 5, 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. 1155:
S. 1155 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO INSURANCE, SO AS TO REVISE THE DEFINITION OF LIFE INSURANCE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
On motion of Rep. WILKINS the House non-concurred in the Senate amendments to the following Bill, and a message was ordered sent to the Senate accordingly.
H. 4678 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, Wilkins, McLellan and Klapman: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION OF STATE AGENCIES UNLESS REAUTHORIZED, SO AS TO PROVIDE A SCHEDULE OF TERMINATION DATES THROUGH 1995.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4700 -- Rep. T.M. Burriss: A BILL TO AMEND SECTIONS 23-45-30, 23-45-40, 23-45-60, 23-45-70, 23-45-80, 23-45-90, 23-45-100, 23-45-110, 23-45-120, 23-45-130, 23-45-135, 23-45-140, 23-45-150, AND 23-45-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, ENFORCEMENT PROVISIONS OF THE STATE FIRE MARSHAL, FEES AND LICENSES, PROCEDURES FOR ISSUANCE OF A LICENSE, LIMITATIONS AND CONDITIONS ON A LICENSE, EXPIRATION OF A LICENSE, REQUIREMENT THAT A FIRE PROTECTION SPRINKLER CONTRACTOR MUST DELIVER A COPY OF HIS LICENSE TO THE LOCAL BUILDING OFFICIAL IF HE DESIRES TO DO BUSINESS IN THAT JURISDICTION, THE EFFECT OF MUNICIPAL REGULATION ON CONTRACTORS, APPLICATION OF CHAPTER 45 OF TITLE 23, INAPPLICABILITY OF THE SAME CHAPTER, FEES FOR SPRINKLER PLAN AND SPECIFICATION REVIEW; AND ENFORCEMENT POWERS OF THE STATE FIRE MARSHAL, SO AS TO CHANGE THE NAME OF THE SOUTH CAROLINA LICENSING BOARD FOR CONTRACTORS' LICENSE TO SPRINKLER CONTRACTOR'S LICENSE, DELETE PROVISIONS REFERENCING THE STANDARD BUILDING CODE, DEFINE "BOARD" TO MEAN THE STATE LICENSING BOARD FOR CONTRACTORS, AUTHORIZE THE STATE LICENSING BOARD FOR CONTRACTORS RATHER THAN THE STATE FIRE MARSHAL TO ENFORCE PROVISIONS OF THIS CHAPTER, DELETE PROVISIONS RELATING TO THE REQUIREMENT OF A SWORN AFFIDAVIT FROM THREE PROFESSIONAL ENGINEERS AND OTHER REQUIREMENTS REQUIRED FOR APPLICATION FOR A LICENSE, MAKE THE PLANNING, INSTALLATION, OR ADDITION OF A FIRE PROTECTION SPRINKLER SYSTEM, WATER SPRAY SYSTEM, OR WATER FOAM SYSTEM ON THEIR OWN PROPERTY OR THAT OF THEIR NORMAL EMPLOYER APPLICABLE TO THE PROVISIONS OF CHAPTER 45 OF TITLE 23, PROVIDE THAT THE STATE FIRE MARSHAL MAY CHARGE FEES FOR PLAN AND SPECIFICATION REVIEW, AND PROVIDE THAT THE BOARD INSTEAD OF THE STATE FIRE MARSHAL MAY ENFORCE THE PROVISIONS OF CHAPTER 45 OF TITLE 23; TO REDESIGNATE SECTION 23-45-160, RELATING TO THE INSTALLATION OF SMOKE DETECTORS IN APARTMENT HOUSES HAVING NO FIRE PROTECTION SYSTEM, AS SECTION 23-9-155; AND REPEAL SECTION 23-45-155 RELATING TO WAIVER OF A NICET LEVEL III CERTIFICATE IN CERTAIN CIRCUMSTANCES.
Ordered for consideration tomorrow.
The following was introduced:
H. 4963 -- Reps. Kinon and Harwell: A CONCURRENT RESOLUTION TO CONGRATULATE THE LAKE VIEW HIGH SCHOOL "WILD GATORS" AND COACH JEWELL MCLAURIN IN DILLON COUNTY ON WINNING THE STATE CLASS A FOOTBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4964 -- Rep. Kirsh: A CONCURRENT RESOLUTION REQUESTING THE JOINT OPERATIONS AND MANAGEMENT COMMITTEE TO ESTABLISH A PROGRAM TO ORIENT NEWLY ELECTED MEMBERS OF THE GENERAL ASSEMBLY ABOUT THE OPERATIONS OF AGENCIES OF THE STATE OF SOUTH CAROLINA, TO PROVIDE THAT THE PROGRAM SHALL SUPPLEMENT ANY ORIENTATION PROVIDED BY THE HOUSE OR SENATE ABOUT ITS INTERNAL OPERATIONS, TO PROVIDE THAT THE MEMBERS PARTICIPATING IN THE PROGRAM ARE AUTHORIZED PER DIEM, MILEAGE, AND SUBSISTENCE TO BE PAID FROM THE APPROVED ACCOUNTS OF THE HOUSE OR SENATE AND TO PROVIDE THAT THE JOINT OPERATIONS AND MANAGEMENT COMMITTEE IMPLEMENT THIS ORIENTATION PROGRAM FOR NEWLY ELECTED MEMBERS IN THE 1990 GENERAL ELECTION AND FOR EVERY GENERAL ELECTION CONDUCTED AFTER 1990.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4965 -- Reps. Carnell, McAbee, McLellan, Blanding and Boan: A CONCURRENT RESOLUTION EXPRESSING THE INTENTION OF THE GENERAL ASSEMBLY TO MAKE AVAILABLE TO THE OFFICE OF THE ADJUTANT GENERAL AUTHORIZATIONS FOR CAPITAL IMPROVEMENT BONDS FOR THE 251ST EVACUATION HOSPITAL ARMORY AND THE 51ST AVIATION GROUP ARMORY PROJECT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1490 -- Senators Courson, Giese, Lourie and Patterson: A CONCURRENT RESOLUTION COMMENDING THE COLUMBIA JEWISH FEDERATION AND ITS PRESIDENT, MR. SAMUEL J. TENENBAUM, FOR OUTSTANDING HUMANITARIAN EFFORTS TO SAVE A MILLION LIVES AT STAKE IN THE SOVIET UNION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4966 -- Reps. Elliott, H. Brown, McAbee, T.M. Burriss, Chamblee, Rama, Winstead, Kohn, Blanding, Hallman, Washington, Tucker, Haskins and Keegan: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO DELETE THE ROLLBACK TAX AND TO IMPOSE A CHANGE OF USE PENALTY IN THE AMOUNT OF FIFTY DOLLARS WHEN REAL PROPERTY IS CHANGED FROM AGRICULTURAL USE.
Referred to Committee on Ways and Means.
H. 4967 -- Reps. McCain, T. Rogers, Harrison, Ferguson, Rhoad, Bennett, Huff, Rama, Wilkins, Boan, Jaskwhich, McLellan, Bruce, K. Bailey, Wells, J.C. Johnson, Hallman, J.W. Johnson, Winstead, Foster, Clyborne, Mattos, Gordon and Keegan: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 118 SO AS TO ENACT THE EDUCATIONAL FACILITIES AUTHORITY ACT, TO PROVIDE FOR MATCHING FUNDS FROM THE EDUCATIONAL FACILITIES AUTHORITY FOR SCHOOL DISTRICT FACILITIES, AND TO PROVIDE THAT THE AUTHORITY MAY ISSUE REVENUE BONDS FOR SCHOOL FACILITIES PROJECTS AND STATE SCHOOL BUILDING GENERAL OBLIGATION BONDS; AND BY ADDING SECTION 59-19-255 SO AS TO AUTHORIZE AGREEMENTS BETWEEN SCHOOL DISTRICTS AND THE EDUCATIONAL FACILITIES AUTHORITY.
Referred to Committee on Ways and Means.
H. 4968 -- Reps. M.O. Alexander, J.W. Johnson, Hodges, H. Brown, Bruce, T.M. Burriss, Elliott, Holt, Kohn, Koon, L. Martin, McAbee, McBride, Quinn, Rhodes, Wells and Wright: A BILL TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN PROVISIONS, TO PROVIDE FOR THE MANNER FOR TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION AFTER PAYMENT OF THIS COMPENSATION HAS BEEN COMMENCED, TO PROVIDE THAT THE EMPLOYEE MAY REQUEST A HEARING TO HAVE TEMPORARY DISABILITY COMPENSATION REINSTITUTED AFTER TERMINATION, AND TO REVISE CERTAIN PENALTY PROVISIONS OF THE SECTION.
Referred to Committee on Labor, Commerce and Industry.
H. 4969 -- Reps. M.O. Alexander, J.W. Johnson, Hodges, H. Brown, Bruce, T.M. Burriss, Elliott, Holt, Kohn, Koon, L. Martin, McAbee, McBride, Quinn, Rhodes, Wells and Wright: A BILL TO AMEND SECTION 42-9-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION LUMP-SUM PAYMENTS, SO AS TO DELETE THE AUTHORIZATION FOR CERTAIN LUMP-SUM PAYMENTS, TO PROVIDE THAT LUMP-SUM PAYMENTS OF NONACCRUED WEEKLY BENEFITS MAY NOT BE PERMITTED EXCEPT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT THIS SECTION MAY NOT BE CONSTRUED TO PREVENT STRUCTURED SETTLEMENTS.
Referred to Committee on Labor, Commerce and Industry.
H. 4970 -- Reps. M.O. Alexander, J.W. Johnson, Hodges, H. Brown, Bruce, T.M. Burriss, Elliott, Holt, Kohn, Koon, L. Martin, McAbee, McBride, Quinn, Rhoad, Wells and Wright: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND THE PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE THAT A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK IS PRESUMED, RATHER THAN DEEMED, TO BE TOTAL AND PERMANENT DISABILITY, AND TO PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.
Referred to Committee on Labor, Commerce and Industry.
H. 4971 -- Reps. Kirsh, Nesbitt and J. Rogers: A BILL TO AMEND SECTION 12-7-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOINT AND SEPARATE STATE INCOME TAX RETURNS OF SPOUSES, SO AS TO PROVIDE THAT A NONRESIDENT WHO RESIDES IN A STATE WHICH DOES NOT ALLOW A SOUTH CAROLINA RESIDENT TO FILE A JOINT RETURN WITH HIS SPOUSE MAY NOT FILE A JOINT RETURN WITH HIS SPOUSE IN THIS STATE AND TO PROVIDE THE METHOD FOR COMPLETING A SEPARATE RETURN.
Referred to Committee on Ways and Means.
H. 4972 -- Rep. L. Martin: A BILL TO AMEND SECTIONS 38-73-455 AND 38-73-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES AND THE UNIFORM STATISTICAL PLAN WHICH IS ESTABLISHED BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT THE INSURANCE PREMIUMS OF OPERATORS OF COMMERCIAL VEHICLES MUST BE COMPUTED AS RATES FOR INSURANCE POLICIES OF INDIVIDUAL PRIVATE PASSENGER VEHICLES.
Referred to Committee on Labor, Commerce and Industry.
S. 974 -- Senators Rose and Wilson: A BILL TO AMEND CHAPTER 13, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 SO AS TO PROVIDE FOR ELECTRONIC HOME DETENTION AS AN ALTERNATIVE TO PRISON INCARCERATION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1247 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTURE FOR SIX YEARS; AND TO AMEND SECTION 40-28-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LANDSCAPE ARCHITECTS, SO AS TO DELETE THE PROHIBITION AGAINST THE USE OF THE TITLE LANDSCAPE ARCHITECT BY CORPORATIONS AND PARTNERSHIPS.
Referred to Committee on Labor, Commerce and Industry.
S. 1281 -- Senator Moore: 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; AND TO AMEND THE CAPTION OF ARTICLE 13, CHAPTER 23, TITLE 58, ACCORDINGLY.
Referred to Committee on Labor, Commerce and Industry.
S. 1472 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD SUPPORT GUIDELINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1205, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Judiciary.
S. 1473 -- Senators Wilson, Setzler and Shealy: A JOINT RESOLUTION TO PROVIDE THAT THE MARCH 12, 1990, SCHOOL DAY MISSED BY STUDENTS OF SEVEN OAKS ELEMENTARY SCHOOL IN LEXINGTON COUNTY SCHOOL DISTRICT 5, WHEN THE SCHOOL WAS DAMAGED BY FIRE, IS EXEMPT FROM THE MAKE-UP REQUIREMENTS OF THE DEFINED MINIMUM PLAN.
On motion of Rep. KLAPMAN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 1475 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 31-21-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE STATE HUMAN AFFAIRS COMMISSION TO ADMINISTER THE PROVISIONS OF THE SOUTH CAROLINA FAIR HOUSING LAW, SO AS TO PROVIDE THAT AN AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT MAY INCLUDE PROVISIONS UNDER WHICH THE DEPARTMENT SHALL REFRAIN FROM PROCESSING A CHARGE IN ANY CLASS SPECIFIED IN THE AGREEMENT; TO AMEND SECTION 31-21-120, RELATING TO THE PROCESSING AND HANDLING OF COMPLAINTS UNDER THE FAIR HOUSING LAW, SO AS TO PROVIDE THAT COMPLAINANTS REFERRED TO THE COMMISSION BY THE DEPARTMENT MAY NOT BE REFERRED BY THE COMMISSION TO A LOCAL AGENCY AND DELETE A PROVISION CONCERNING WHEN THE COMMISSION IS UNABLE TO OBTAIN VOLUNTARY COMPLIANCE WITH THE FAIR HOUSING LAW; AND TO AMEND SECTION 31-21-130, RELATING TO THE INVESTIGATOR'S REPORT AND RECOMMENDATION UPON COMPLETION OF HIS INVESTIGATION AND THE PROCEDURE FOLLOWING THE SUBMISSION OF THIS REPORT, SO AS TO CHANGE THE TIME PERIOD IN WHICH AN ACTION MAY BE BROUGHT AGAINST THE RESPONDENT IF THE ORDER IS FOR DISMISSAL, PROVIDE THAT IF AN ELECTION IS MADE FOR A CIVIL ACTION THE COMMISSIONER OF THE STATE HUMAN AFFAIRS COMMISSION SHALL, WITHIN THIRTY DAYS FROM THE DATE OF ELECTION, COMMENCE A CIVIL ACTION ON BEHALF OF THE AGGRIEVED PERSON, AND REQUIRE THAT IF THE PANEL FINDS THAT THE RESPONDENT HAS ENGAGED IN AN UNLAWFUL DISCRIMINATORY PRACTICE IT SHALL STATE ITS FINDINGS OF FACT AND SERVE THE COMPLAINANT IN ADDITION TO THE RESPONDENT AN OPINION AND ORDER FOR APPROPRIATE RELIEF; AND TO AMEND SECTION 31-21-140, RELATING TO THE TIME WITHIN WHICH A CIVIL ACTION MUST BE COMMENCED UNDER THE PROVISIONS OF THE FAIR HOUSING LAW, SO AS TO DELETE THE REQUIREMENT THAT THE COURT SHALL CONTINUE A CIVIL CASE BROUGHT PURSUANT TO THE PROVISIONS OF SECTION 31-21-120 IF THE COURT BELIEVES THAT THE CONCILIATION EFFORTS ARE LIKELY TO RESULT IN A SATISFACTORY SETTLEMENT OF THE DISCRIMINATORY HOUSING PRACTICES COMPLAINED OF IN THE COMPLAINT AND PROVIDE THAT A CIVIL ACTION MAY BE COMMENCED BY AN AGGRIEVED PERSON WHETHER OR NOT A COMPLAINT HAS BEEN FILED WITH THE COMMISSION.
On motion of Rep. WASHINGTON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 4973 -- Reps. Cooper, Klapman, Nesbitt, Kirsh, Simpson, Hendricks, McGinnis, Kinon and D. Williams: A CONCURRENT RESOLUTION DESIGNATING JUNE 10-16, 1990, AS "OLD HICKORY WEEK" IN HONOR OF THE FIFTIETH ANNIVERSARY OF THE PARTICIPATION IN WORLD WAR II OF THE 30TH INFANTRY DIVISION OF THE UNITED STATES ARMY.
Whereas, The 30th Infantry Division of the United States Army was known by the nickname, "Old Hickory"; and
Whereas, the 30th was composed of soldiers from the South Carolina, North Carolina, Tennessee, and Georgia national guards; and
Whereas, "Old Hickory" was rated the number one infantry division in the European Theater in World War II and was a stellar group which contributed mightily to the defense and preservation of freedom; and
Whereas, the year 1990 marks the fiftieth anniversary of the participation of "Old Hickory" in World War II, as well as the golden anniversary of the reactivation of the 30th; and
Whereas, these brave and outstanding men are planning to gather at Fort Jackson in Columbia to reminisce and to celebrate this important anniversary; and
Whereas, the State of South Carolina is proud and very happy that the members of "Old Hickory" will gather at Fort Jackson and thereby honor us all with their presence; and
Whereas, it would be most fitting to designate the week of June 10-16, 1990, as "Old Hickory Week" in honor of the fine men of the 30th Infantry Division of the United States Army on this very special occasion. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, designates June 10-16, 1990, as "Old Hickory Week" in honor of the fiftieth anniversary of the participation in World War II of the 30th Infantry Division of the United States Army.
Be it further resolved that a copy of this resolution be forwarded to the 30th Infantry Division in care of Mr. Bruce W. Tate, Jr., 4646 Crystal Drive, Columbia, South Carolina, 29206.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4974 -- Reps. Rudnick, Sheheen, J. Rogers, 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, 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, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, 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, Quinn, Rama, Rhoad, T. Rogers, Sharpe, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE GENERAL ASSEMBLY FOR THE OUTSTANDING LEADERSHIP PROVIDED BY MS. BETTY E. CALLAHAM AS DIRECTOR OF THE SOUTH CAROLINA STATE LIBRARY AND WISHING HER HAPPINESS UPON HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Carnell Chamblee Clyborne Cole Cooper Corbett Cork Derrick Faber Fair Fant Farr Felder Foster Gentry Gregory Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hendricks Hodges Holt Huff Jaskwhich Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Koon Lanford Limehouse Littlejohn Manly Martin, D. Martin, L. Mattos McAbee McBride McCain McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Stoddard Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Wofford Wright
I came in after the roll call and was present for the Session on April 10, 1990.
John B. Williams Roland S. Corning G. Ralph Davenport Milford D. Burriss T. Moffatt Burriss Robert A. Kohn D.M. McEachin, Jr. B.J. Gordon Maggie W. Glover D. Elliott Tee Ferguson Daniel E. Winstead
LEAVE OF ABSENCE
The SPEAKER granted Rep. HAYES a leave of absence for today and tomorrow.
Rep. JOE McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, April 5.
Announcement was made that Dr. James D. Givens of West Columbia is the Doctor of the Day for the General Assembly.
The following Bills 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. 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. 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.
The following Bill was taken up.
H. 4724 -- Reps. Limehouse, Neilson, Mappus, McLeod, Taylor, Ferguson, G. Bailey, Derrick, T.C. Alexander, Wells, T.M. Burriss, R. Brown, M.O. Alexander, L. Martin, J. Bailey, Koon and Kohn: A BILL TO AMEND SECTION 34-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE STATE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO TEN MEMBERS AND TO SPECIFY THAT ONE MEMBER MUST BE APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE ASSOCIATION OF SUPERVISED LENDERS AND ONE MEMBER MUST BE APPOINTED BY THE GOVERNOR WHO IS ENGAGED IN THE LICENSED CONSUMER FINANCE BUSINESS AS A RESTRICTED LENDER UPON THE RECOMMENDATION OF THE ASSOCIATION OF RESTRICTED LENDERS.
Rep. LIMEHOUSE moved to table the Bill, which was agreed to.
Rep. GENTRY moved to adjourn debate upon the following Bill until Tuesday, April 17, which was adopted.
H. 4729 -- Rep. Gentry: A BILL TO AMEND SECTION 8-21-765, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALARIES OF PROBATE JUDGES, SO AS TO PROVIDE THAT THE ANNUAL COST OF LIVING INCREASE OF A PROBATE JUDGE OF A COUNTY MUST EITHER BE THE COST OF LIVING INCREASE GIVEN TO STATE EMPLOYEES IN THE PREVIOUS FISCAL YEAR OR THE INCREASE PROVIDED TO EMPLOYEES OF THAT COUNTY DURING THE CURRENT YEAR, WHICHEVER IS GREATER.
The following Bill was taken up.
H. 4569 -- Reps. McTeer, Wilder and Rhoad: A BILL TO AMEND SECTION 15-78-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TORT CLAIMS ACT SO AS TO EXEMPT FROM LIABILITY BOAT RAMPS, LAUNCHING, OR DOCKING FACILITIES COMPLYING WITH STATE ORGANIZATION OF BOATING, ACCESS ADMINISTRATORS (SOBAA) SPECIFICATIONS.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 4, by the Committee on Judiciary.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
S. 1392 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, RELATING TO APPLICATION FEES AND LICENSES AND LICENSE FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1191, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. G. BAILEY explained the Joint Resolution.
Rep. T.M. BURRISS spoke against the Joint Resolution and moved to adjourn debate upon the Joint Resolution until Wednesday, April 11, which was adopted.
Rep. McGINNIS, on behalf of the Spartanburg Delegation, presented the James F. Brynes High School Boy's Basketball Team, the 1990 3A State Champions.
Rep. McCAIN moved that when the House adjourns it adjourn in memory of Mr. Cliff Morgan of Orangeburg County, which was agreed to.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, April 11, which was adopted.
H. 4572 -- Reps. Hayes, Huff, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Jaskwhich, J.C. Johnson, Kay, Keegan, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Littlejohn, Manly, Mappus, D. Martin, L. Martin, McAbee, McBride, McCain, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, Rudnick, Sharpe, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, D. Williams, Winstead, Wofford and Wright: A BILL TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES BY ADDING SECTION 44-53-476 SO AS TO MAKE IT UNLAWFUL TO BE A "LEADER OF A NARCOTICS TRAFFICKING NETWORK", TO PROVIDE THE ELEMENTS OF THIS OFFENSE, TO PROVIDE PENALTIES FOR VIOLATION, AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THIS OFFENSE WHICH IS A FELONY TO THIS LIST.
The following Bill was taken up.
H. 4574 -- Reps. Hayes, Huff, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Jaskwhich, J.C. Johnson, Kay, Keegan, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Littlejohn, Manly, Mappus, D. Martin, L. Martin, McAbee, McBride, McCain, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, Rudnick, Sharpe, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, D. Williams, Winstead, Wofford and Wright: A BILL TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES BY ADDING SECTION 44-53-577 SO AS TO MAKE IT UNLAWFUL TO EMPLOY OR USE PERSONS UNDER EIGHTEEN YEARS OF AGE IN DRUG OPERATIONS OR TO RECEIVE A CONTROLLED SUBSTANCE FROM PERSONS UNDER EIGHTEEN YEARS OF AGE, TO PROVIDE PENALTIES FOR VIOLATION, AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THE ABOVE OFFENSES WHICH ARE MADE FELONIES TO THIS LIST.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0934o), which was adopted.
Amend the bill, as and if amended, in Section 44-53-577 of the 1976 Code, as contained in SECTION 1, by striking /eighteen/ on lines 2, 6, 9, and 13 of the section and inserting /seventeen/.
When amended, Section 44-53-577 of the 1976 Code shall read:
/Section 44-53-577. (A) It is unlawful for any person at least seventeen years of age to knowingly and intentionally:
(1) use, solicit, direct, hire, persuade, induce, entice, coerce, or employ a person under seventeen years of age to violate Sections 44-53-370 or 44-53-375(B);
(2) receive a controlled substance from a person under seventeen years of age in violation of this chapter; or
(3) conspire to use, solicit, direct, hire, persuade, induce, entice, coerce, or employ a person under seventeen years of age to violate Sections 44-53-370 or 44-53-375(B).
(B) Any person who violates subsections (A)(1), (A)(2), or (A)(3) is guilty of a felony and, upon conviction, must be punished by a term of imprisonment of not less than five years nor more than fifteen years. A violation of this section constitutes a separate offense./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4571 -- Reps. Hayes, Huff, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Jaskwhich, J.C. Johnson, Kay, Keegan, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Littlejohn, Manly, Mappus, D. Martin, L. Martin, McAbee, McBride, McCain, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, Rudnick, Sharpe, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, D. Williams, Winstead, Wofford and Wright: A BILL TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES BY ADDING SECTION 44-53-475 SO AS TO MAKE THE LAUNDERING OF CERTAIN MONETARY INSTRUMENTS UNLAWFUL, AND TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATION; AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THE ABOVE OFFENSES WHICH ARE MADE FELONIES TO THIS LIST.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0936o), which was adopted.
Amend the bill, as and if amended, in Section 44-53-475 of the 1976 Code, as contained in SECTION 1, by striking /Title 21, United States Code/ as contained on lines 6, 11, and 32, and on lines 50 and 51, and inserting:
/the law of any other state, the United States, or any territory of the United States, relating to narcotic drugs or to controlled substances regulated by this chapter/.
When amended, Section 44-53-475 of the 1976 Code shall read:
/ Section 44-53-475. (A)(1) Whoever, knowing that the property involved in a financial transaction represents the proceeds of, or is derived directly or indirectly from the proceeds of unlawful activity in violation of this chapter or the law of any other state, the United States, or any territory of the United States, relating to narcotic drugs or to controlled substances regulated by this chapter, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds:
(a) with the intent to promote the carrying on of criminal activity in violation of this chapter or the law of any other state, the United States, or any territory of the United States, relating to narcotic drugs or to controlled substances regulated by this chapter; or
(b) knowing that the transaction is designed in whole or in part to conceal or disguise the nature, the location, the sources, the ownership, or the control of the proceeds of the unlawful activity is guilty of a felony and, upon conviction, must be punished by a fine of not more than five hundred thousand dollars or twice the value of the property involved in the transaction, whichever is greater, or by imprisonment for not more than twenty years, or both.
(2) Whoever transports, transmits, or transfers, or attempts to transport, transmit, or transfer a monetary instrument or funds from a place in South Carolina to or through a place outside the United States or to a place in South Carolina from or through a place outside the United States:
(a) with the intent to promote the carrying on of unlawful activity in violation of this chapter or the law of any other state, the United States, or any territory of the United States, relating to narcotic drugs or to controlled substances regulated by this chapter; or
(b) knowing that the monetary instrument or funds involved in the transportation represent the proceeds of the unlawful activity and knowing that the transportation is designed in whole or in part to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of the unlawful activity is guilty of a felony and, upon conviction, and must be punished by a fine of five hundred thousand dollars or twice the value of the monetary instrument or funds involved in the transportation, whichever is greater, or by imprisonment for not more than twenty years, or both.
(3) Whoever, with the intent:
(a) to promote the carrying on of unlawful activity in violation of this chapter or the law of any other state, the United States, or any territory of the United States, relating to narcotic drugs or to controlled substances regulated by this chapter; or
(b) to conceal or disguise the nature, location, source, ownership, or control of property believed to be the proceeds of the unlawful activity, conducts or attempts to conduct a financial transaction involving property represented by a law enforcement officer to be the proceeds of the unlawful activity, or property used to conduct or facilitate the unlawful activity is guilty of a felony and, upon conviction, must be punished by a fine of five hundred thousand dollars or twice the value of the property involved, whichever is greater or by imprisonment for not more than twenty years, or both. For purposes of this subitem, the term 'represented' means any representation made by a law enforcement officer or by another person at the direction of, or with the approval of, a state official authorized to investigate or prosecute violations of this section.
(B) Whoever conducts or attempts to conduct a transaction described in subsection (A)(1), or transportation described in subsection (A)(2), is liable to the State for a civil penalty of not more than the greater of:
(1) the value of the property, funds, or monetary instruments involved in the transaction; or
(2) ten thousand dollars.
(C) As used in this section:
(1) the term 'conducts' includes initiating, concluding, or participating in initiating, or concluding a transaction;
(2) the term 'transaction' includes a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition, and with respect to a financial institution includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected;
(3) the term 'financial transaction' means a transaction involving the movement of funds by wire or other means or involving one or more monetary instruments;
(4) the term 'monetary instruments' means coin or currency of the United States or of any other country, travelers' checks, personal checks, bank checks, money orders, investment securities in bearer form or otherwise in that form that title to it passes upon delivery, and negotiable instruments in bearer form or otherwise in that form that title to it passes upon delivery;
(5) the term 'financial institution' has the definition given that term in Section 5312(a)(2) of Title 31, United States Code, and the regulations promulgated thereunder.
(D) Nothing in this section supersedes any provision of law imposing criminal penalties or affording civil remedies in addition to those provided for in this section./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. WILKINS proposed the following Amendment No. 2 (Doc. No. 1107o), which was adopted.
Amend the bill, as and if amended, by striking Section 44-53-475 of the 1976 Code as contained in SECTION 1 and inserting:
/Section 44-53-475. (A)(1) Whoever, knowing that the property involved in a financial transaction represents the proceeds of, or is derived directly or indirectly from the proceeds of unlawful activity relating to narcotic drugs or controlled substances, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds:
(a) with the intent to promote the carrying on of unlawful activity relating to narcotic drugs or to controlled substances; or
(b) knowing that the transaction is designed in whole or in part to conceal or disguise the nature, the location, the sources, the ownership, or the control of the proceeds of the unlawful activity is guilty of a felony and, upon conviction, must be punished by a fine of not more than five hundred thousand dollars or twice the value of the property involved in the transaction, whichever is greater, or by imprisonment for not more than twenty years, or both.
(2) Whoever transports, transmits, or transfers, or attempts to transport, transmit, or transfer a monetary instrument or funds from a place in South Carolina to or through a place outside the United States or to a place in South Carolina from or through a place outside the United States:
(a) with the intent to promote the carrying on of unlawful activity relating to narcotic drugs or to controlled substances; or
(b) knowing that the monetary instrument or funds involved in the transportation represent the proceeds of the unlawful activity and knowing that the transportation is designed in whole or in part to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of the unlawful activity is guilty of a felony and, upon conviction, and must be punished by a fine of five hundred thousand dollars or twice the value of the monetary instrument or funds involved in the transportation, whichever is greater, or by imprisonment for not more than twenty years, or both.
(3) Whoever, with the intent:
(a) to promote the carrying on of unlawful activity relating to narcotic drugs or to controlled substances; or
(b) to conceal or disguise the nature, location, source, ownership, or control of property believed to be the proceeds of the unlawful activity, conducts or attempts to conduct a financial transaction involving property represented by a law enforcement officer to be the proceeds of the unlawful activity, or property used to conduct or facilitate the unlawful activity is guilty of a felony and, upon conviction, must be punished by a fine of five hundred thousand dollars or twice the value of the property involved, whichever is greater or by imprisonment for not more than twenty years, or both. For purposes of this subitem, the term "represented" means any representation made by a law enforcement officer or by another person at the direction of, or with the approval of, a state official authorized to investigate or prosecute violations of this section.
(B) Whoever conducts or attempts to conduct a transaction described in subsection (A)(1), or transportation described in subsection (A)(2), is liable to the State for a civil penalty of not more than the greater of:
(1) the value of the property, funds, or monetary instruments involved in the transaction; or
(2) ten thousand dollars.
(C) As used in this section:
(1) the term 'conducts' includes initiating, concluding, or participating in initiating, or concluding a transaction;
(2) the term 'transaction' includes a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition, and with respect to a financial institution includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected;
(3) the term 'financial transaction' means a transaction involving the movement of funds by wire or other means or involving one or more monetary instruments;
(4) the term 'monetary instruments' means coin or currency of the United States or of any other country, travelers' checks, personal checks, bank checks, money orders, investment securities in bearer form or otherwise in that form that title to it passes upon delivery, and negotiable instruments in bearer form or otherwise in that form that title to it passes upon delivery;
(5) the term 'financial institution' has the definition given that term in Section 5312(a)(2) of Title 31, United States Code, and the regulations promulgated thereunder.
(D) Nothing in this section supersedes any provision of law imposing criminal penalties or affording civil remedies in addition to those provided for in this section./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. SIMPSON moved to adjourn debate upon the following Bill until Wednesday, April 11, which was adopted.
H. 4276 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT NEW PLATES MAY BE ISSUED AT TIMES DETERMINED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF EVERY FIVE YEARS AND TO PROVIDE THAT THE DEPARTMENT MAY REVALIDATE ALL LICENSE PLATES EXCEPT VEHICLES EXCEEDING TWENTY-SIX THOUSAND POUNDS BY STICKER OR OTHER SUITABLE MEANS UPON PAYMENT OF THE SAME FEE PRESCRIBED FOR THE INITIAL ISSUANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1420 SO AS TO REQUIRE THE RETURN OF SPECIAL LICENSE PLATES FOR MEMBERS OF STATE BOARDS AND COMMISSIONS UPON THE EXPIRATION OF THEIR TERMS.
The following Bill was taken up.
H. 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 Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1073o), which was adopted.
Amend the bill, as and if amended, in Section 16-9-355(A)(2)(b) of the 1976 Code, as contained in Section 1, by inserting immediately after /purpose/ on line 3 of the subitem the following /in a criminal investigation or prosecution/.
When amended, Section 16-9-355(A)(2)(b) of the 1976 Code shall read:
/(b) whose declaration under oath is received or has been received as evidence for any purpose in a criminal investigation or prosecution,/.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. SIMPSON moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
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.
Debate was resumed on Amendment No. 2, which was proposed on Thursday, April 5, by Rep. RUDNICK.
Rep. RUDNICK explained the amendment.
Rep. ALTMAN moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 41 to 32.
Rep. ALTMAN proposed the following Amendment No. 3 (Doc. No. 0816o), which was adopted.
Amend the bill, as and if amended, Section 56-3-1230, as contained in SECTION 1, page 2, by striking the sentence beginning on line 2 and inserting:
/A new license plate including personalized and special plates must be provided by the department at intervals the department considers appropriate but at least every six years./
Amend further, Section 56-3-1420, as contained in SECTION 2, page 2, by striking line 41 and inserting:
/membership may not retain the plate as a personalized or special license plate and shall return the license/
Amend title to conform.
Rep. ALTMAN explained the amendment.
The amendment was then adopted.
Reps. CARNELL and McABEE proposed the following Amendment No. 4 (Doc. No. 0455X), which was adopted.
Amend the bill, as and if amended, Section 2, by striking Section 56-3-1420 and inserting:
/Section 56-3-1420. Each member of a state board or commission, a county coroner, who has a special license plate designating his board or commission membership or former office shall return the special license plate to the department upon the expiration of his term of office. If a portion of the registration period for the special license plate remains when the plate is returned to the department the holder must receive a prorata reduction in the registration fee for a replacement plate./
Amend title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Rep. L. MARTIN moved to reconsider the vote whereby Amendment No. 2 was tabled, which was rejected.
Reps. H. BROWN and MOSS proposed the following Amendment No. 5 (Doc. No. 1201X).
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-5910. An owner of a motor vehicle who is a resident of this State may apply for a motor vehicle license plate under this article if he:
(1) was a member of the United States Armed Forces on December 7, 1941;
(2) was on station on December 7, 1941, during the hours of 7:55 a.m. to 9:45 a.m. Hawaii time at Pearl Harbor, the Island of Oahu, or offshore at a distance not exceeding three miles; and
(3) received an honorable discharge from the United States Armed Forces.
Section 56-3-5920. The Department of Highways and Public Transportation shall design a Pearl Harbor survivor license plate for motor vehicles. The license plates issued pursuant to this article must be numbered consecutively and contain the words 'Pearl Harbor Survivor'.
Section 56-3-5930. (A) An applicant must be issued a Pearl Harbor survivor license plate for his private motor vehicle, used for personal conveyance and not for commercial purposes, upon submitting proof of eligibility and complying with the state motor vehicle laws relating to registration and licensing of motor vehicles, and payment of the regular license fee for license plates as prescribed by law plus, for the initial issuance, an additional fee of fifteen dollars.
(B) All applications for Pearl Harbor survivor license plates must be verified by the South Carolina State Chairman of Pearl Harbor Survivors.
Section 56-3-5940. In those years in which a metal plate is not issued, for a license plate authorized by this article, a revalidation sticker with a distinctive serial number or other suitable means prescribed by the department must be issued and affixed in the space provided on the license plate assigned to the vehicle upon payment of the fee prescribed for registration and licensing.
Section 56-3-5950. Only one license plate may be issued to an applicant, and the license plate is nontransferable."/
Renumber sections to conform.
Amend title to conform.
Rep. H. BROWN explained the amendment.
Rep. TAYLOR objected to the Bill.
The following Bill was taken up, read the second time, and ordered to a third reading:
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.
The following Bill was taken up.
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 Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 1400X), which was adopted.
Amend the bill, as and if amended, in Section 38-75-330 of the 1976 Code, as contained in SECTION 3, page 2, line 12, by inserting after /organizations/ /and those insurers' writings excluded in Section 38-31-30/ so that when amended Section 38-75-330 reads:
/"Section 38-75-330. There is created the South Carolina Windstorm Wind and Hail Underwriting Association, consisting of all private insurers authorized to write and engage in writing property insurance within this State on a direct and statewide basis, but excluding insurers whose writings are limited to property wholly owned by parent, subsidiary, or allied organizations and those insurers' writings excluded in Section 38-31-30. Every such This insurer must be a member of the association and must remain a member of the Association so long as the Association it is in existence as a condition of its authority to continue to transact the business of insurance in this State."/
Amend title to conform.
Rep. KOHN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 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, Jaskwich, 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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1253X).
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 44-53-520(a)(6) of the 1976 Code is amended to read:
"(6) all conveyances including, but not limited to, trailers, aircraft, motor vehicles, and watergoing vessels which are used or intended for use unlawfully to conceal, contain, or transport or facilitate the unlawful concealment, possession, containment, or transportation of controlled substances and their compounds, except as otherwise provided, must be forfeited to the State. No motor vehicle may be forfeited to the State unless it is found to conceal, contain, or transport one one-half pound or more of marijuana, one one-half pound or more of hashish, more than four two grains of opium, more than two grains one grain of heroin, more than four two grains of morphine, more than ten five grains of cocaine, or more than fifty twenty-five micrograms of lysergic acid diethylamide (LSD) or its compounds. The quantities set forth refer to controlled substances or any combination of such the substances;"./
Amend title to conform.
Rep. WILKINS explained the amendment.
Rep. J.W. JOHNSON moved that the House do now adjourn.
Rep. KLAPMAN demanded the yeas and nays, which were not ordered.
The motion to adjourn was agreed to by a division vote of 62 to 13.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1, Rep. WILKINS having the floor.
The Senate returned to the House with concurrence the following:
H. 4659 -- Rep. Farr: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO RESTORE THE CUT OF FIVE MILLION DOLLARS PROPOSED BY THE UNITED STATES ARMY FOR THE ARMY JUNIOR RESERVE OFFICER TRAINING CORPS (JROTC) PROGRAM IN THE CURRENT ARMY BUDGET SUBMISSION AND TO REJECT THE ARMY'S PROPOSED ELIMINATION OF ALL JROTC UNITS AND CADETS IN THE FOLLOWING FISCAL YEAR.
H. 4963 -- Reps. Kinon and Harwell: A CONCURRENT RESOLUTION TO CONGRATULATE THE LAKE VIEW HIGH SCHOOL "WILD GATORS" AND COACH JEWELL MCLAURIN IN DILLON COUNTY ON WINNING THE STATE CLASS A FOOTBALL CHAMPIONSHIP.
H. 4973 -- Reps. Cooper, Klapman, Nesbitt, Kirsh, Simpson, Hendricks, McGinnis, Kinon and D. Williams: A CONCURRENT RESOLUTION DESIGNATING JUNE 10-16, 1990, AS "OLD HICKORY WEEK" IN HONOR OF THE FIFTIETH ANNIVERSARY OF THE PARTICIPATION IN WORLD WAR II OF THE 30TH INFANTRY DIVISION OF THE UNITED STATES ARMY.
H. 4974 -- Reps. Rudnick, Sheheen, J. Rogers, 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, 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, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, 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, Quinn, Rama, Rhoad, T. Rogers, Sharpe, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE GENERAL ASSEMBLY FOR THE OUTSTANDING LEADERSHIP PROVIDED BY MS. BETTY E. CALLAHAM AS DIRECTOR OF THE SOUTH CAROLINA STATE LIBRARY AND WISHING HER HAPPINESS UPON HER RETIREMENT.
At 12:59 P.M. the House in accordance with the motion of Rep. McCAIN adjourned in memory of Mr. Cliff Morgan of Orangeburg County to meet at 10:00 A.M. tomorrow.
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