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:
Be with us this day, Lord God, that we may conduct ourselves as children of the Heavenly Father. In our successes, forbid that we should seek credit; in our failures, deliver us from placing the blame. Make us to use well our time, knowing each alike is given 24 golden hours, each filled with 60 diamond minutes. Make us to look at these as a gift from God, to be used as a trust and with thankfulness.
So direct us that at evening time we may have the reward in the knowledge that we have done our best as we have followed Him Who is Truth. 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 Pro Tempore.
After corrections to the Journal of the proceedings of Friday, the SPEAKER Pro Tempore ordered it confirmed.
The following was recieved.
June 3, 1991
The Honorable Robert J. Sheheen
506 Blatt Building
Columbia, S.C. 29211
RE: Joint Health Care Planning and Oversight Committee
Dear Speaker Sheheen:
As you are aware, I was honored to be appointed by you to serve on the Joint Health Care Planning and Oversight Committee. I have enjoyed my service on this committee, however, I hereby respectfully resign from the committee in order to give you the opportunity to appoint a replacement before the legislative term expires.
Thanking you for allowing me to serve and with warm regards, I remain
Very truly yours,
By: Paul E. Short, Jr.
S.C. House District 43
Received as information.
The following was received.
Columbia, S.C., May 30, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R128, H. 3959 by a vote of 45 to 0.
H. 3959 -- Reps. Holt, Whipper, J. Bailey, D. Martin, Hallman, Gonzales, Rama, Barber, Inabinett, R. Young and Fulmer: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1991-92 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1991-92.
Very respectfully,
President
The following was received.
Columbia, S.C., May 30, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R153, H. 3952 by a vote of 45 to 0.
H. 3952 -- Reps. Gonzales, Barber, Rama, Holt, Hallman, Fulmer, J. Bailey, Whipper, Inabinett, D. Martin and R. Young: A BILL TO PERMIT THE NORTH CHARLESTON DISTRICT TO CONTINUE TO ENTER INTO A FRANCHISE AGREEMENT WITH AN ELECTRIC UTILITY OR SUPPLIER.
Very respectfully,
President
No. 87
Received as information.
Rep. ROGERS moved that when the House adjourns it adjourn in memory of Mr. and Mrs. Fred Thomas Harrell, which was agreed to.
The following was received.
May 30, 1991
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Member, Orangeburg County Master in Equity, with term to expire on August 14, 1997:
Mr. Olin Burgdorf, P.O. Box 145, Springfield, S.C., 29146
The appointment was confirmed by a division vote of 3 to 0 and a message was ordered sent to the Senate accordingly.
The Senate returned to the House with amendments the following:
H. 3280 -- Reps. McAbee, Sharpe, G. Bailey, D. Elliott, Mattos, Boan, Haskins, Shirley, Gregory, White and Keyserling: A BILL TO AMEND CHAPTER 4, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, SO AS TO DEFINE TERMS, REVISE THE PROCEDURES FOR ALLOCATION, DISTRIBUTION, AND USE OF THE FUNDS, PROVIDE ADDITIONAL REQUIREMENTS FOR ADVISORY COMMITTEES, AND PROVIDE FOR AN ACCOMMODATIONS TAX OVERSIGHT COMMITTEE.
Rep. McABEE explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 3613 -- Reps. Wilkins, Cato and T.C. Alexander: A BILL TO AMEND SECTION 38-77-285, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALL AUTOMOBILE COVERAGE WRITTEN IN ONE POLICY, SO AS TO REQUIRE THAT THE SECTION APPLIES ONLY TO POLICIES COVERING VEHICLES ELIGIBLE TO BE SURRENDERED TO THE REINSURANCE FACILITY.
Rep. J. BAILEY explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 3722 -- Rep. Burriss: A BILL TO AMEND SECTION 37-1-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL DEFINITIONS IN REGARD TO THE CONSUMER PROTECTION CODE, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO ADDITIONAL CREDITOR CHARGES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-203, RELATING TO DELINQUENCY CHARGES ON CONSUMER CREDIT SALES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-303, RELATING TO NOTICES TO CO-SIGNERS AND SIMILAR PARTIES ON CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING OF MAXIMUM RATE SCHEDULES IN REGARD TO CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR RATE SCHEDULES IN REGARD TO VARIABLE RATES AND TO PROVIDE THE DATE BY WHICH CERTAIN CREDITOR FILING FEES ARE DUE; TO AMEND SECTION 37-2-306, RELATING TO NOTICE OF ASSUMPTION OF RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR ENGAGED IN MAKING CONSUMER LOANS PURSUANT TO SELLER CREDIT CARDS SHALL MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-104, RELATING TO THE DEFINITION OF A CONSUMER LOAN, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 37-3-105, RELATING TO FIRST MORTGAGE REAL ESTATE LOANS, SO AS TO CORRECT AN IMPROPER REFERENCE; TO AMEND SECTION 37-3-202, AS AMENDED, RELATING TO ADDITIONAL LENDER CHARGES, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES ON CERTAIN CONSUMER LOANS, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES ON CERTAIN CONSUMER LOANS, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS, SO AS TO FURTHER PROVIDE FOR THIS FILING AND POSTING IN REGARD TO VARIABLE RATES; TO AMEND SECTION 37-3-306, RELATING TO NOTICE OF ASSUMPTION RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR MAKING CONSUMER LOANS PURSUANT TO A LENDER CREDIT CARD MUST MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-510, RELATING TO RESTRICTIONS ON AN INTEREST IN LAND AS SECURITY, SO AS TO EXEMPT CERTAIN OPEN-END CREDIT AGREEMENTS FROM THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO FURTHER PROVIDE FOR THE VIOLATIONS WHICH ARE SUBJECT TO ACTIONS BY THE ADMINISTRATOR AND TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CIVIL PENALTY MAY BE IMPOSED; TO AMEND SECTION 37-6-117, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES REGARDING CONSUMER PROTECTION OF THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THESE ADMINISTRATIVE RESPONSIBILITIES; TO AMEND SECTION 37-6-203, RELATING TO FEES TO BE PAID TO THE ADMINISTRATOR, SO AS TO CLARIFY THE FEE DUE BY PERSONS ALSO ENGAGED IN MAKING CONSUMER RENTAL-PURCHASE AGREEMENTS; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL PURPOSES, SO AS TO DELETE CERTAIN CREDITOR DISCLOSURE STATEMENT REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 37-10-107 SO AS TO PROHIBIT A PERSON FROM MAINTAINING AN ACTION FOR RELIEF REGARDING THE BORROWING OF MONEY UNDER CERTAIN SPECIFIED CONDITIONS; TO AMEND SECTION 39-61-100, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE PENALTIES; TO AMEND SECTION 40-39-150, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR IN REGARD TO PAWNBROKERS, SO AS TO AUTHORIZE THE ADMINISTRATOR TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 44-79-80, RELATING TO THE FUNCTIONS AND POWERS OF THE ADMINISTRATOR IN REGARD TO THE PHYSICAL FITNESS SERVICES ACT, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND INCREASE THE FEES FOR CERTIFICATES OF AUTHORITY ISSUED BY THE ADMINISTRATOR; AND TO REPEAL SECTION 37-6-114 RELATING TO THE PROHIBITION AGAINST JURY TRIALS IN ACTIONS BROUGHT BY THE ADMINISTRATOR UNDER THE CONSUMER PROTECTION CODE.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
On motion of Rep. GLOVER, with unanimous consent, the following was taken up for immediate consideration:
H. 4036 -- Rep. Glover: A HOUSE RESOLUTION TO DESIGNATE TUESDAY, JUNE 4, 1991, AS "BOYS' AND GIRLS' CLUB DAY" IN SOUTH CAROLINA AND TO INVITE ALL CONTESTANTS FOR THE YOUTH OF THE YEAR AWARD AND THEIR CLUB DIRECTORS TO ATTEND A SESSION OF THE HOUSE OF REPRESENTATIVES IN THE HALL OF THE HOUSE ON TUESDAY, JUNE 4, 1991, AT A TIME CONVENIENT TO HOUSE MEMBERS AND CLUB DIRECTORS, SO THAT THE HOUSE MEMBERS MAY RECOGNIZE AND COMMEND THE CONTESTANTS, THEIR CLUB DIRECTORS, AND THE RECIPIENT OF THE SOUTH CAROLINA BOYS' AND GIRLS' CLUB YOUTH OF THE YEAR AWARD.
Whereas, the members of the House of Representatives designate Tuesday, June 4, 1991, as "Boys' and Girls' Club Day" in South Carolina; and
Whereas, the South Carolina Area Council of the South Carolina Boys' and Girls' Club annually selects the South Carolina Boys' and Girls' Club Youth of the Year; and
Whereas, the youth selected must have demonstrated unselfish service and exceptional leadership qualities in the Boys' and Girls' Club; and
Whereas, further elements for consideration for the Youth of the Year award are letters of reference, school activities, community service, and activities with the club; and
Whereas, the applicants are also required to write an essay on the subject "What the Boys' and Girls' Club Means to Me" and, in addition, they must have overcome a major obstacle in their lives; and
Whereas, the South Carolina Youth of the Year will compete with youth from other states for the national award which will be presented by President George Bush; and
Whereas, the following youths have been selected as finalists for this year's award: Abdul Willis, William Foy, Damond Davis, Delacroix Johnson, Tammy Littlejohn, and McKinley Wilkes; and
Whereas, Delacroix Johnson of Florence will represent the State for the national competition; and
Whereas, these youths who are competing for this prestigious award are to be commended and congratulated for their participation, interest, and desire to improve their own lives and skills and by so doing are setting an example for the youth of this nation that sacrifice, perseverance, and service leads to self-esteem, satisfaction, and accomplishment. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina designate Tuesday, June 4, 1991, as "Boys' and Girls' Club Day" in South Carolina.
Be it further resolved that all contestants for the Youth of the Year award and their club directors are invited to attend a meeting of the House of Representatives in the Hall of the House on Tuesday, June 4, 1991, at a time convenient to House members and Club Directors, so that the House members may recognize and commend the contestants, their club directors, and the recipient of the South Carolina Boys' and Girls' Club Youth of the Year award.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1027 -- Senators Courson, Giese, Lourie and Patterson: A CONCURRENT RESOLUTION TO EXPRESS SUPPORT FOR AND ENDORSEMENT OF THE COLUMBIA ORGANIZING COMMITTEE AND ITS EFFORTS TO ENSURE THAT THE CITY OF COLUMBIA PLAYS A PART IN AND MAKES A SIGNIFICANT CONTRIBUTION TO THE 1996 SUMMER OLYMPICS IN ATLANTA.
Whereas, the City Council of the City of Columbia has established the Columbia Organizing Committee to pursue opportunities stemming from the 1996 Summer Olympics in Atlanta; and
Whereas, the University of South Carolina, the Greater Columbia Chamber of Commerce and its Metro Sports Council also actively participated in the formation of the Committee and are represented on it along with other residents of the City of Columbia; and
Whereas, the Columbia Organizing Committee is modelled after the Atlanta Organizing Committee, now known as the Atlanta Committee for the Olympic Games; and
Whereas, the Columbia Organizing Committee will pursue ways to assist the Atlanta Committee for the Olympic Games in reaching its goals as the host site for the 1996 Summer Olympics; and
Whereas, the Columbia Organizing Committee will serve as a means by which businesses and residents of the Columbia Metropolitan Area can express their support for Atlanta's Olympics and help promote the possibility of the Midlands area's being either a site for pre-Olympics training for one or more participating countries, for exhibition competition, and/or as a satellite location for selected Olympic events. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly wish to express their enthusiastic support for and endorsement of the Columbia Organizing Committee and its efforts to ensure that the City of Columbia plays a part in and makes a significant contribution to the 1996 Summer Olympics in Atlanta.
Be it further resolved that a copy of this resolution be forwarded to
Chairman, Atlanta Committee for the Olympic Games
President and Chief Executive Officer, Atlanta
Committee for the Olympic Games.
Chairman, Columbia Organizing Committee
Mayor, City of Columbia
President, University of South Carolina
Athletics Director, University of South Carolina
President, Greater Columbia Chamber of Commerce
Volunteer Commissioner, Metro Sports Council
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1028 -- Senators Martschink, Washington, McConnell, Fielding and Passailaigue: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO WELCOME THE RYDER CUP MATCHES TO THE UNITED STATES, AND TO EXTEND APPRECIATION TO THE PGA OF AMERICA FOR HAVING SELECTED KIAWAH ISLAND, SOUTH CAROLINA, AS THE SITE FOR THE PRESTIGIOUS 1991 RYDER CUP MATCHES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4037 -- Reps. Foster, Hayes, Kirsh, Short and Meacham: A BILL TO PROVIDE THAT THE BOARDS OF TRUSTEES OF THE YORK COUNTY SCHOOL DISTRICTS MUST BE ELECTED FROM SINGLE MEMBER DISTRICTS.
On motion of Rep. FOSTER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4038 -- Rep. Rhoad: A BILL TO AMEND ACT 1090 OF 1972, RELATING TO MEMBERSHIP OF THE BOARD OF TRUSTEES OF BAMBERG-ERHARDT COUNTY SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT NUMBER TWO IN BAMBERG COUNTY, SO AS TO PROVIDE AN INCREASE IN THE NUMBER OF TRUSTEES FOR EACH DISTRICT; TO PROVIDE FOR THEIR ELECTION BY SINGLE MEMBER ELECTION DISTRICTS; TO PROVIDE THAT THE SCHOOL TAX LEVY FOR GENERAL OPERATING PURPOSES FOR EACH SCHOOL DISTRICT MUST BE DETERMINED BY THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT AND PROVIDE THAT THE LEVY MAY NOT BE INCREASED MORE THAN THREE MILLS FROM THE PREVIOUS FISCAL YEAR UNLESS THE INCREASE IS APPROVED BY A REFERENDUM; TO ABOLISH THE BAMBERG COUNTY BOARD OF EDUCATION AND THE OFFICE OF SUPERINTENDENT OF EDUCATION; AND TO REPEAL ACT 513 OF 1982, ACT 237 OF 1979, AND SECTIONS 1 AND 2 OF ACT 1090 OF 1972, RELATING TO THE BAMBERG COUNTY BOARD OF EDUCATION.
On motion of Rep. RHOAD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4039 -- Rep. Scott: A BILL TO AMEND SECTION 22-3-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S AUTHORITY TO SUSPEND SENTENCES IN CERTAIN CASES, SO AS TO PROVIDE THAT UP TO ONE HUNDRED HOURS OF COMMUNITY SERVICE MAY BE IMPOSED WHERE AN AMOUNT IS NOT PROVIDED OTHERWISE.
Referred to Committee on Judiciary.
S. 975 -- Senator Fielding: A BILL TO AMEND SECTION 13-17-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO REVISE THE QUORUM REQUIREMENT FOR THE BOARD.
Rep. McCAIN moved to waive Rule 5.12, which was agreed to by unanimous consent.
On motion of Rep. McCAIN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1013 -- Senator Russell: A BILL TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COMMISSION ON HIGHER EDUCATION, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO FIFTEEN MEMBERS AND TO INCREASE THE AUTHORIZED MEMBERSHIP OF THE EDUCATIONAL ADVISORY COMMITTEE FROM FIFTEEN TO TWENTY-FIVE.
Referred to Spartanburg Delegation.
On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 4038 be read the second and third times the next two successive legislative days.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3026 -- Rep. Gentry: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-21-112, 50-21-114, AND 50-21-116 SO AS TO ESTABLISH THE OFFENSE OF BOATING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE A SCHEDULE OF BLOOD ALCOHOL CONTENT THAT GIVES RISE TO PRESUMPTIONS AND INFERENCES OF OPERATING A WATERCRAFT UNDER THE INFLUENCE, TO PROVIDE IMPLIED CONSENT BY OPERATORS OF WATERCRAFT TO TESTING OF BODILY FLUIDS FOR ALCOHOL AND DRUGS, AND TO PROVIDE FOR THE TESTING PROCEDURE AND PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-110, RELATING TO RECKLESS OPERATION OF WATERCRAFT, SO AS TO DELETE PROVISIONS RELATING TO OPERATING WATERCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 50-21-150, RELATING TO THE PUNISHMENT FOR OPERATING WATERCRAFT RECKLESSLY OR UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO DELETE THE PROVISION WHICH PROVIDES A PENALTY FOR VIOLATING SECTION 50-21-110.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/SECTION 1. The 1976 Code is amended by adding:
"Section 50-21-112. (A) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, operates, navigates, steers, or drives a moving vessel, or is in actual physical control of a moving vessel, or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device upon the waters of this State and does any act forbidden by law or neglects a duty imposed by law, which proximately causes great bodily injury or death of a person other than himself, is guilty of a felony and, upon conviction, must be punished:
(1) by a fine of not less than five thousand dollars nor more than ten thousand dollars and imprisonment for not less than thirty days nor more than ten years when great bodily injury results;
(2) by a fine of not less than ten thousand dollars nor more than twenty-five thousand dollars and imprisonment for not less than one year nor more than ten years when death results.
(B) As used in subsection (A) 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.
(C) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, operates, navigates, steers, or drives a vessel, or is in actual physical control of a moving vessel, or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device upon the waters of this State and does any act forbidden by law or neglects a duty imposed by law, which act or neglect proximately causes damage to property other than his own, or injury other than great bodily injury to a person other than himself, is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred nor more than two hundred dollars or imprisonment for not more than thirty days.
(D) The department must suspend the privilege of a person who is convicted or who pleads guilty or nolo contendere under this section to operate, navigate, steer, or drive a vessel or be in actual physical control of a moving vessel or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device on waters of this State for a period to include any term of imprisonment plus:
(1) three years in the case of death or great bodily injury; or
(2) one year in the case of property damage or injury other than great bodily injury.
(E) A person who, while operating privileges are under suspension, operates, navigates, steers, or drives a vessel or is in actual physical control of a moving vessel or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device, on waters of this State is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than two hundred dollars or imprisonment for not more than thirty days.
Section 50-21-114. (A) (1) A person who operates, navigates, steers, or drives a vessel, or is in actual physical control of a moving vessel, or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device, which is involved in a reportable boating accident or marine casualty upon the waters of this State, is considered to have given consent to a chemical test or analysis of his breath, blood, or urine to determine the presence of alcohol or drugs if arrested for an offense arising out of acts alleged to have been committed while the person was operating or in physical control of a moving vessel while under the influence of alcohol, drugs, or a combination of them. A test must be administered at the direction of a law enforcement officer who has apprehended a person for operating, navigating, steering, or driving a vessel, or being in actual physical control of a moving vessel, or manipulating any moving water skis, moving aquaplane, moving surfboard, or similar moving device upon the waters of this State while under the influence of alcohol, drugs, or a combination of them. At the direction of the arresting officer, the person first must be offered a breath test to determine the alcohol concentration of his blood. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious, dead, or for any other reason considered acceptable by licensed medical personnel, a blood sample may be taken. If the officer has reasonable grounds to believe the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the breath analysis reading is ten one-hundredths of one percent or above by weight of alcohol in the person's blood, the officer may not require additional tests of the person as provided in this chapter.
(2) The breath test must be administered by a person trained and certified by the South Carolina Law Enforcement Division, SLED, using methods approved by SLED. The arresting officer may not administer the tests. Blood and urine samples must be taken by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, or other medical personnel trained to take the samples in a licensed medical facility. Blood samples or urine samples must be obtained and handled in accordance with procedures approved by SLED. No tests may be administered or samples taken unless the person has been informed that he does not have to take the test or give the samples but that his privilege to operate, navigate, steer, or drive a vessel, or be in actual physical control of a moving vessel, or manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device must be suspended or denied for one hundred eighty days if he refuses to submit to the tests.
(3) A hospital, physician, qualified technician, chemist, or registered nurse who takes samples or conducts the test or participates in the process of taking the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or any other cause contending that the drawing of blood or taking of samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person taking the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or takes the samples. No person may be required by the arresting officer, or by any other law enforcement officer, to obtain or take any sample of blood or urine.
(4) The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified of that right. A person's failure to request additional blood or urine tests is not admissible against the person in a criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples taken at the direction of the law enforcement officer.
(5) The arresting officer shall provide reasonable assistance to the person to contact a qualified person to conduct additional tests.
(6) SLED shall administer the provisions of this subsection and may promulgate regulations necessary to carry out its provisions. The cost of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State. A fee of fifty dollars is assessed, at the time of the sentencing, persons convicted of, pleading guilty or nolo contendere to, or forfeiting bond for violating Section 50-21-112. This fee must be forwarded by the county treasurer to the State Treasurer and credited to the general fund of the State to defray any costs incurred by SLED and individuals and institutions obtaining the samples forwarded to SLED.
(B) In any criminal prosecution for a violation of Section 50-21-112 the amount of alcohol in the person's blood at the time of the alleged violation, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following inferences:
(1) If there was at that time five one-hundredths of one percent or less by weight of alcohol in the person's blood, it is presumed conclusively that the person was not under the influence of alcohol.
(2) If there was at that time in excess of five one-hundredths of one percent but less than ten one-hundredths of one percent by weight of alcohol in the person's blood, that fact does not give rise to any inference that the person was or was not under the influence of alcohol, but that fact may be considered with other competent evidence in determining the guilt or innocence of the person.
(3) If there was at that time ten one-hundredths of one percent or more by weight of alcohol in the person's blood, it may be inferred that the person was under the influence of alcohol.
(C) The provisions of this section may not be construed as limiting the introduction of other competent evidence bearing upon the question of whether or not the person was under the influence of alcohol, drugs, or a combination of them.
(D) A person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided by subsection (A).
(E) If a person under arrest refuses, upon the request of a law enforcement officer, to submit to chemical tests provided in subsection (A), none may be given, but the department, on the basis of a report from the law enforcement officer that the arrested person was operating, navigating, steering, or driving a vessel, or was in actual physical control of a moving vessel, or was manipulating any moving water skis, moving aquaplane, moving surfboard, or similar moving device upon the waters of this State while under the influence of alcohol, drugs, or a combination of them, and that the person had refused to submit to the tests, shall suspend his privilege to perform the activity for one hundred eighty days. The one hundred eighty-day period of suspension begins with the day after the date of the notice required to be given, unless a hearing is requested as provided, in which case the one hundred eighty-day period begins with the day after the date of the order sustaining the suspension. The report of the arresting officer must include what grounds he had for believing the arrested person was conducting the above-mentioned activity while under the influence of alcohol, drugs, or a combination of them. If the arrested person took a chemical breath test but refused to provide a blood or urine sample, the report of the arresting officer must include the officer's grounds for believing the arrested person was under the influence of drugs other than alcohol. If a person who refuses, upon the request of a law enforcement officer, to submit to chemical tests as provided in subsection (A), pleads guilty or nolo contendere to, or forfeits bond for a violation of Section 50-21-112, within thirty days of arrest, the period of the suspension under this section must be canceled.
(F) Upon suspending the operating privilege of a person, the department immediately shall notify the person in writing and upon his request give him an opportunity for a hearing as provided in Sections 50-9-1050(b) and 50-9-1060. The review must be scheduled by the department within twenty days after the receipt of the request. The scope of the hearing is limited to the issues of whether the person was placed under arrest, whether the person had been informed that he did not have to take the tests but that his privilege to operate a vessel would be suspended or denied if he refused to submit to the tests, and whether he refused to submit to the tests upon request of the officer. Upon review, the department either shall rescind its order of suspension or if there is good cause, continue the suspension of the privilege.
(G) If a boating accident or marine casualty involves a fatality, the coroner having jurisdiction, within forty-eight hours of receiving notification of the death, shall direct that a chemical blood test to determine blood alcohol concentration or the presence of drugs be performed on the deceased and that the results of the test be recorded properly in the coroner's report."
SECTION 2. The crime provided for in Section 50-21-112(A) of the 1976 Code as contained in Section 1 of this act is added to the list of crimes classified as felonies in Section 16-1-10.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/John C. Land, III /s/James H. Harrison /s/Kay Patterson /s/Larry E. Gentry /s/Ernest L. Passailaigue, Jr. /s/E. LeRoy Nettles, Jr. On Part of the Senate. On Part of the House.
Rep. GENTRY explained the Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
Rep. GLOVER presented Delacroix Johnson of Florence, the recipient of the Boys' and Girls' Club Youth of the Year Award, other S.C. Contestants, and the Club Directors.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Baxley Beasley Bennett Brown, G. Brown, H. Brown, J. Burch Burriss Carnell Cato Chamblee Cole Cooper Corbett Cork Corning Cromer Elliott, L. Fair Farr Felder Foster Fulmer Gentry Glover Gonzales Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hendricks Holt Houck Jaskwhich Jennings Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McCain McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Rama Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Snow Stoddard Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkins Williams, D. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Tuesday, June 4.
Curtis B. Inabinett C. Lenoir Sturkie Rick Quinn Jim Harrison John B. Williams Danny Bruce James Hodges Thomas Huff Don Beatty William Boan Alex Harvin, III Howell Clyborne Dick Elliott
STATEMENT RE ATTENDANCE
I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, June 4.
Rep. JACK GREGORY
The SPEAKER granted Rep. TOWNSEND a leave of absence for the day.
The SPEAKER granted Rep. CLYBORNE a leave of absence for the day due to sickness in the family.
Announcement was made that Dr. Mitchell J. Wolin of Columbia is the Doctor of the Day for the General Assembly.
Rep. McCAIN moved to adjourn debate upon the following Bill until Wednesday, June 5, which was adopted.
H. 4030 -- Rep. McCain: A BILL TO PROVIDE THAT ELECTIONS FOR SCHOOL DISTRICT BOARDS OF TRUSTEES IN ORANGEBURG COUNTY MUST BE HELD AT THE TIME OF THE GENERAL ELECTION.
The following Bill was taken up.
H. 3345 -- Reps. Wilkins, Hayes, Waites, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, H. Brown, J. Brown, Bruce, Burch, Burriss, Carnell, Cato, Chamblee, Cooper, Corbett, Cork, Corning, Cromer, Derrick, D. Elliott, L. Elliott, Faber, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hendricks, Holt, Houck, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Keegan, Kempe, Keyserling, Kirsh, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, McBride, McCraw, McGinnis, McKay, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shirley, Smith, Snow, Stoddard, Sturkie, Townsend, Tucker, Vaughn, Waldrop, Wells, Whipper, White, Wilder, Wilkes, D. Williams, Wofford, Wright, A. Young, and R. Young: A BILL TO AMEND ARTICLE 15, CHAPTER 7, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE THE JURISDICTION AND CERTAIN PROCEDURES OF THE SYSTEM.
Rep. McCAIN objected to the Bill.
The following Bill was taken up.
S. 703 -- Senators Lourie, Matthews and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 27 SO AS TO PROVIDE FOR THE SOUTH CAROLINA MANUFACTURED HOME PARK TENANCY ACT BY SETTING FORTH PURPOSES, SCOPE, JURISDICTION, DEFINITIONS, INTERPRETATION OF PRINCIPLES, NOTICE, RENTAL AGREEMENTS, OBLIGATIONS OF OWNERS AND RESIDENTS, GROUNDS FOR EVICTION, AND NOTIFICATION OF SALE OF PARK, CHANGE IN LAND USE, AND REZONING.
Rep. GONZALES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7641.BD), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 27 of the 1976 Code is amended by adding:
Section 27-47-10. This chapter is known as the South Carolina Manufactured Home Park Tenancy Act.
Section 27-47-20. (A) This chapter must be construed liberally and applied to promote its underlying purposes and policies.
(B) The underlying purposes and policies of this chapter are to:
(1) provide for the rights and obligations of manufactured home owners and manufactured home park owners and clarify the law governing the renting or leasing of residential lots in a manufactured home park in which five or more lots are offered for rent or lease;
(2) encourage manufactured home park owners and manufactured home owners to maintain and improve the quality of housing.
Section 27-47-110. This chapter applies to, regulates, and determines the rights, obligations, and remedies under a rental agreement for a residential manufactured home park lot located within this State.
Section 27-47-120. The following tenancies are not governed by this chapter:
(1) in which both a manufactured home and a manufactured home lot are rented or leased by the resident;
(2) in which a rental space is offered for occupancy by a vehicle which primarily is designed as temporary living quarters for recreational camping or travel use and which either has its own motor power or is mounted on or drawn by another vehicle;
(3) at a manufactured home park in which fewer than five lots are offered for rent or lease.
Section 27-47-130. Jurisdiction and service of process must be determined pursuant to Section 27-40-130 with respect to a claim arising from a transaction to which this chapter applies.
Section 27-47-210. Subject to additional definitions contained in other provisions of law which apply to this chapter and unless the context otherwise requires:
(1) 'Manufactured home' means a structure transportable in one or more sections which in the traveling mode is eight body feet or more in width or forty body feet or more in length or when erected on site is three hundred twenty or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure.
(2) 'Manufactured home owner' or 'resident' means a person who owns a manufactured home and rents or leases a lot within a manufactured home park for residential use.
(3) 'Manufactured home park' means a use of land in which lots or spaces are offered for rent or lease for the placement of manufactured homes and in which the primary use of the park is residential.
(4) 'Manufactured home park owner' or 'owner' means an owner or operator of a manufactured home park.
(5) 'Rental agreement' means a written mutual understanding or lease between a resident and an owner in which the resident may place his manufactured home on a lot for direct or indirect remuneration of the owner.
(6) 'Tenancy' means the temporary possession or occupancy of a manufactured home park lot by a resident pursuant to a rental agreement.
(7) 'User fees' means the amounts charged in addition to the lot rental amount for nonessential optional services provided by or through the owner to the resident under a separate written agreement between the resident and the person furnishing the service.
Section 27-47-220. Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performances or enforcement.
Section 27-47-230. Unconscionability must be determined according to Section 27-40-230.
Section 27-47-240. Notice must be given pursuant to Section 27-40-240.
Section 27-47-310. (A) An owner who offers for lease a space in a manufactured home park shall provide to the resident an agreement in writing containing the terms by which the space is leased. The written agreement must comply with this section.
(B) The duration of the lease must be stated in the agreement and may be of a length agreed upon by the owner and resident.
(C) If the agreement provides an option for renewal, the amount of rent to be paid for tenancy during the option must be stated in the agreement.
(D) The rental agreement must specify:
(1) location and approximate size of the lot leased pursuant to the agreement;
(2) monthly rental rate;
(3) date payment is due;
(4) place of payment;
(5) personal property, services, and facilities provided by the owner;
(6) regulations governing residency which, if violated, may be cause for eviction;
(7) statement of amounts to be paid by the resident including, but not limited to, security deposits, service fees, and installation charges;
(8) improvements, if any, which the resident may make to the rental lot including landscaping;
(9) improvements, if any, required to be made by the resident;
(10) restrictions, if any, regarding pets, children, number of occupants, and vehicle storage;
(11) notice required to exercise option for renewal or to terminate tenancy.
(E) During the rental agreement a user fee must not be charged by the owner to the resident for a service or amenity which previously was provided and included in the lot rental amount unless there is a corresponding decrease in the amount within the terms of the contract.
Section 27-47-410. (A) An owner shall disclose his name and address or a person authorized to act as his agent for the purposes of service of process and receiving or receipting notices and demands. The information required to be furnished by this section must be kept current, and this section may be enforced against a successor owner.
(B) A person authorized to enter into a rental agreement on behalf of an owner who fails to comply with this section with regard to a rental agreement entered into on behalf of the owner becomes his agent for purposes of that rental agreement for:
(1) service of process and receiving and receipting notices and demands;
(2) performing the obligations of the owner under this chapter and under the rental agreement and expending or making available for the performance of the obligations rent collected from the resident and retained by the person on behalf of the owner.
Section 27-47-420. When a tenancy is to continue beyond the original term a resident must be given notice by the owner at least thirty days in advance of the effective date of a new rental rate.
Section 27-47-430. The owner has the burden of proving a manufactured home located in the park is unsafe or unsanitary or fails to meet the park's aesthetic standards. A resident must not be forced to make an aesthetic change to his home's original design which would create undue financial hardship and which is contrary to the terms of the rental agreement during the term of the rental agreement. This section does not prohibit a park from requiring compliance with new or upgraded aesthetic standards which apply generally to homes in the park upon expiration of the lease term or upon a continuance of a tenancy beyond the original term. However, notice of the requirement must be given by the owner to the tenant at least thirty days before the effective date of the change.
Section 27-47-440. (A) The purchaser of a manufactured home may not become a resident of a manufactured home park without the approval of the owner. Approval by the owner must not be withheld unreasonably. The purchaser has the burden of proof as to whether approval or disapproval is unreasonable.
(B) The owner has fifteen days after receiving the purchaser's written application for entry to the park to notify him in writing of approval or disapproval. Notice is complete upon deposit in the United States mail addressed to the purchaser at the address stated in his application. If the owner fails to act within fifteen days, the application is approved.
Section 27-47-450. An owner shall provide access to the common areas of the park at reasonable times for the benefit of residents and their guests and maintain in proper working condition the utility connections and systems.
Section 27-47-460. An owner is not the guarantor of the safety of residents or invitees but shall exercise due care to keep the portion of the premises under the owner's control in a reasonably safe condition.
Section 27-47-470. An owner shall take reasonable steps to maintain the cleanliness and appearance of the common areas of the park.
Section 27-47-510. A resident shall:
(1) comply with the obligations of applicable provisions of the building, housing, and health codes;
(2) keep his manufactured home lot clean;
(3) comply with regulations and the rental agreement and require other persons in the park with his consent to comply and conduct themselves in a manner that does not disturb other residents unreasonably or violate the rental agreement;
(4) keep his rent current;
(5) give written notice to the owner whether he desires to continue the tenancy beyond the original term within thirty days of receiving notice of a new rental rate under Section 27-47-420.
Section 27-47-520. Upon termination of a tenancy, monies held by the owner as a security deposit or prepaid rent must be returned less amounts withheld by the owner for accrued rent or damages the owner has suffered by reason of the resident's noncompliance with Section 27-47-510. Deductions must be itemized in a written notice to the resident within thirty days after termination of the tenancy. The resident shall provide the owner a forwarding address. The owner is not liable for damages if the resident does not provide a forwarding address and the owner has no notice of the resident's address and mails the notice to the resident's last known address. If the owner does not return monies due the resident, he may recover an amount equal to three times the amount wrongfully withheld and reasonable attorney's fees.
Section 27-47-530. (A) An owner may evict a resident for one or more of the following reasons:
(1) failure to comply with local, state, or federal laws governing manufactured homes after he receives written notice of noncompliance and has had a reasonable opportunity to remedy the violation;
(2) engaging in repeated conduct that interferes with the quiet enjoyment of the park by other residents;
(3) noncompliance with a provision of the rental agreement or park regulations and failure to remedy the violation within fourteen days after written notice by the owner. If the remedy requires longer than fourteen days, the owner may allow the resident in good faith to extend the time to a specified date;
(4) not paying rent within five days of its due date;
(5) noncompliance with a law or a provision in the rental agreement or park regulations affecting the health, safety, or welfare of other residents in the park or affecting the physical condition of the park;
(6) wilfully and knowingly making a false or misleading statement in the rental agreement or application;
(7) taking of the park or the part of it affecting the resident's lot by eminent domain;
(8) other reason sufficient under common law.
(B) A writ of ejectment may not issue within thirty days of written notice to the resident of the commencement of the eviction action except for eviction pursuant to item (5) of subsection (A).
Section 27-47-610. If a park is sold but continues to operate as a park, the new owner shall notify residents of the change in ownership within thirty days after the date of closing of the sale.
Section 27-47-620. If an owner applies for rezoning of a park, a notice of the proposed rezoning must be posted at the park at least five days before the public hearing on the rezoning."
SECTION 2. This act takes effect January 1, 1992./
Amend title to conform.
Rep. GONZALES explained the amendment.
Rep. G. BAILEY spoke in favor of 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, read the second time, and ordered to a third reading:
S. 791 -- Senator Drummond: A BILL TO AMEND SECTIONS 24-21-60, 24-21-70, AND 24-21-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO GRANT THE DUTIES PREVIOUSLY GRANTED TO THE EXECUTIVE DIRECTOR TO THE COMMISSIONER; TO AMEND SECTION 24-21-220, RELATING TO THE POWERS OF THE EXECUTIVE DIRECTOR, SO AS TO GRANT THE DUTIES PREVIOUSLY GRANTED TO THE EXECUTIVE DIRECTOR TO THE COMMISSIONER AND FURTHER GRANT THE COMMISSIONER ADMINISTRATIVE DUTIES REGARDING MEETINGS; TO AMEND CHAPTER 21, TITLE 24, BY ADDING SECTION 24-21-221, SO AS TO PROVIDE THAT THE COMMISSIONER MUST GIVE A THIRTY-DAY NOTICE TO CERTAIN PERSONS PRIOR TO CONSIDERING A PRISONER FOR PAROLE; TO AMEND SECTIONS 24-21-230, 24-21-240, 24-21-250, 24-21-260, 24-21-270, 24-21-280, 24-21-290, 24-21-420, 24-21-430, RELATING TO PROBATION OFFICERS, SO AS TO CHANGE THE REFERENCES TO "OFFICERS" TO "AGENTS" AND REFERENCES TO "EXECUTIVE DIRECTOR" TO "COMMISSIONER"; TO AMEND SECTION 24-21-440, RELATING TO TIME PERIODS OF PROBATION, SO AS TO DELETE THE REQUIREMENT THAT THE COURT MUST ENTER A DISCHARGE ORDER UPON COMPLETION OF THE PROBATION PERIOD; TO AMEND SECTION 24-21-450, RELATING TO REVOCATION OF PAROLE, SO AS TO CHANGE REFERENCES TO "OFFICER" TO "AGENT"; TO AMEND SECTION 24-21-480, RELATING TO RESTITUTION CENTERS, SO AS TO AUTHORIZE THE BOARD TO PLACE A PRISONER IN A RESTITUTION CENTER AS A CONDITION OF PAROLE; TO AMEND SECTION 24-21-620, RELATING TO PAROLE BOARD REVIEWS, SO AS TO CHANGE THE REFERENCE TO THE "COMMISSIONER OF PAROLES AND PARDONS" TO "COMMISSIONER"; TO AMEND SECTIONS 24-21-645 AND 24-21-650, RELATING TO THE BOARD, SO AS TO CHANGE THE REFERENCES TO "EXECUTIVE DIRECTOR" TO "COMMISSIONER"; TO AMEND SECTION 24-21-660, RELATING TO A PAROLED PRISONER'S CUSTODY, SO AS TO REQUIRE THAT THE PRISONER REMAIN IN THE BOARD'S "JURISDICTION" RATHER THAN IN THE BOARD'S "LEGAL CUSTODY"; TO AMEND SECTION 24-21-680, RELATING TO REVOCATION OF PAROLE, SO AS TO REQUIRE THE PAROLE AGENT TO ISSUE A CITATION UPON THE VIOLATION OF PAROLE AND TO GRANT THE BOARD THE AUTHORITY TO MAKE A FINAL DETERMINATION AS TO REVOCATION RATHER THAN CANCELING THE ORDER OF PAROLE AND GIVING THE PRISONER THE STATUS OF AN ESCAPED CONVICT; TO AMEND 24-21-930, RELATING TO PAROLE ORDERS, SO AS TO CHANGE REFERENCES TO "EXECUTIVE DIRECTORS" TO "COMMISSIONERS"; TO AMEND SECTION 24-21-990, RELATING TO THE EFFECTS OF A PARDON, SO AS TO ALLOW A PARDONED PRISONER TO HOLD PUBLIC OFFICE EXCEPT AS PROVIDED FOR IN SECTION 16-13-210 AND TO PROVIDE THAT A PARDON DOES NOT EXPUNGE A RECORD OF CONVICTION; TO AMEND SECTION 24-23-130, RELATING TO THE SUPERVISION OF A PROBATIONER, SO AS TO CHANGE THE REFERENCES TO "OFFICER" TO "AGENT"; AND TO REPEAL SECTION 24-21-14, RELATING TO THE COMMISSIONER OF PAROLES AND PARDONS.
The following Bill was taken up.
S. 883 -- Senators J. Verne Smith, Shealy, Leatherman, Giese, Waddell, Drummond, Moore, Bryan, Lourie, Long, Peeler, Mitchell, Hinds and Mullinax: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 RELATING TO THE CLASSIFICATION SYSTEM AND ADULT CRIMINAL OFFENDER MANAGEMENT SYSTEM SO AS TO ESTABLISH AN OFFENDER MANAGEMENT SYSTEM TO ALLEVIATE PRISON OVERCROWDING BY PROVIDING FOR THE IDENTIFICATION, PREPARATION, AND PLACEMENT OF APPROPRIATE NON-VIOLENT OFFENDERS IN THE COMMUNITY; AND TO REPEAL SECTIONS 24-3-1110 THROUGH 24-3-2060, THE PRISON OVERCROWDING POWERS ACT.
Reps. ROGERS, TUCKER, FARR, J. BAILEY, WHIPPER, McELVEEN, and KEYSERLING objected to the Bill.
Rep. KEESLEY moved to adjourn debate upon the following Joint Resolution until Wednesday, June 5, which was adopted.
S. 1006 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION, RELATING TO EQUINE SALES FACILITY PERMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1397, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
S. 371 -- Senator Setzler: A BILL TO AMEND SECTION 29-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE THAT THE AGGREGATE AMOUNT OF ANY LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER AGAINST A SUBCONTRACTOR TO WHOM THE SUB-SUBCONTRACTOR OR SUPPLIER HAS SUPPLIED LABOR, MATERIAL, OR SERVICES SHALL NOT EXCEED THE AMOUNT DUE BY THE CONTRACTOR TO THAT SUBCONTRACTOR; AND TO AMEND SECTION 29-5-60, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE FOR A PRORATED PAYMENT TO LIENORS IN THE EVENT THE AMOUNT DUE A SUBCONTRACTOR BY THE CONTRACTOR IS INSUFFICIENT TO PAY ALL LIENORS.
Rep. ROSS moved to continue the Bill.
Rep. M.O. ALEXANDER demanded the yeas and nays, which were not ordered.
The House refused to continue the Bill by a division vote of 12 to 58.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 24, by Rep. HAYES.
Rep. HAYES explained the amendment.
The amendment was then adopted.
Further proceedings were interrupted by a request for Free Conference Powers, the pending question being consideration of the Bill, as amended.
Rep. HUFF moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
S. 62 -- Senator Rose: A BILL TO AMEND SECTION 22-1-10(A), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE COUNTY GOVERNING BODIES TO PROVIDE CERTAIN INFORMATION REGARDING MAGISTRATE POSITIONS TO THE SENATORS IN EACH COUNTY, AND TO PROVIDE THAT THE INFORMATION MUST REMAIN THE SAME AND IS BINDING ON A MAGISTRATE AND A COUNTY THROUGHOUT THE TERM OF OFFICE UNLESS OTHERWISE PROVIDED.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Baker Barber Baxley Beasley Bennett Brown, G. Brown, H. Burch Burriss Carnell Cato Chamblee Cooper Cork Corning Cromer Elliott, L. Fair Farr Felder Foster Fulmer Gentry Glover Gonzales Harris, J. Harris, P. Harrison Harwell Hayes Hendricks Houck Huff Jaskwhich Jennings Keesley Kirsh Koon Manly Marchbanks Martin, D. Martin, L. Mattos McCraw McGinnis McKay McLeod McTeer Meacham Nettles Phillips Quinn Rama Rhoad Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Snow Stoddard Sturkie Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkins Wright
Those who voted in the negative are:
Bailey, G. Beatty Keegan Kempe Klapman McCain Williams, D. Wofford Young, R.
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. HUFF, CORNING and McELVEEN to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
Rep. WILKINS moved to waive Rule 6.1, which was agreed to by a division vote of 83 to 11.
Rep. WILKINS made a statement relative to the Conference Committee on Sine Die Adjournment, S. 999.
Rep. L. MARTIN moved that the House record a sense of the House pertaining to incorporating the House Reapportionment plan, the Senate Reapportionment plan and the Congressional Reapportionment plan into one single bill.
The SPEAKER asked the members to vote yea to incorporate the three plans into a single bill and to vote no if opposed.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Brown, J. Neilson Scott White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Baxley Beasley Bennett Boan Brown, G. Brown, H. Bruce Burch Burriss Carnell Cato Chamblee Cole Cooper Corbett Cork Corning Cromer Elliott, L. Fair Farr Felder Foster Fulmer Gentry Glover Gonzales Hallman Harris, J. Harris, P. Harrison Haskins Hayes Hendricks Hodges Holt Houck Huff Inabinett Jaskwhich Jennings Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Koon Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McCain McCraw McElveen McGinnis McKay McLeod McTeer Meacham Nettles Phillips Quinn Rama Rhoad Rogers Ross Rudnick Sharpe Sheheen Shirley Short Smith Snow Sturkie Tucker Vaughn Waites Waldrop Wells Wilder Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
So, the House voted 4 to 101 in opposition to incorporating the plan.
Rep. FAIR 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 60 to 27.
The Senate returned to the House with concurrence the following:
H. 3428 -- Rep. Baxley: A CONCURRENT RESOLUTION URGING THE UNITED STATES DEPARTMENT OF JUSTICE TO DENY PRISONER OF WAR STATUS TO MANUEL NORIEGA.
At 1:10 P.M. the House in accordance with the motion of Rep. ROGERS adjourned in memory of Mr. and Mrs. Fred Thomas Harrell, to meet at 10:00 A.M. tomorrow.
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