Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God, Source of all mercy and Giver of comfort, we bring to Your throne of grace the family of U.S. Senator and Mrs. Strom Thurmond in the death of their daughter, Nancy Moore Thurmond. Deal graciously with those who loved her most, that casting all their sorrow on You, they may know the consolation of Your love, mercy and compassion. Give courage and faith to those who grieve that they may have strength to meet the days ahead in the confident assurance of a holy and certain hope. Help us all, in the midst of things we cannot understand, to believe and trust in the constancy of God's undergirding presence available to all His children.
We pray to our God Whose never failing love is the sufficiency for our every circumstance and condition of life. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. RUDNICK moved that when the House adjourns, it adjourn in memory of Miss Nancy Moore Thurmond, daughter of U.S. Senator Strom Thurmond and Mrs. Nancy Thurmond, which was agreed to.
The following was received.
April 14, 1993
Mr. Speaker and Members of the House:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the General Assembly," and are, therefore submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Governor
Appointment, Lee County Master-in-Equity, with term to expire December 31, 1995:
Robert D. Jennings, Esq., 1 Courthouse Square, Bishopville, S.C. 29010
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
Appointment, Sumter County Master-in-Equity, with term to expire December 31, 1998:
Linwood S. Evans, Esq., Seven East Hampton Street, Sumter, S.C. 29151-1273
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was introduced:
H. 4122 -- Reps. Rudnick, Sheheen, Wilkins, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MISS NANCY MOORE THURMOND, AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
Whereas, it was with the most profound sorrow that we received the news of the death of Nancy Moore Thurmond, the beautiful and admired daughter of Senator and Mrs. Strom Thurmond; and
Whereas, Nancy was critically injured in an auto-pedestrian accident on Tuesday, April 13, 1993, and died the next day from the overwhelming injuries she sustained; and
Whereas, Nancy, the eldest child of Senator and Mrs. Thurmond, was a twenty-two year-old senior at the University of South Carolina, was a former Miss Liberty, and participated in the Miss South Carolina Scholarship Pageant; and
Whereas, she was a talented, caring, highly intelligent young woman who had the world at her fingertips and would have succeeded in grand fashion in any profession she might have chosen; and
Whereas, we share the Thurmond family's grief and wish with all our hearts and our strength that this had not happened; and
Whereas, we want Senator and Mrs. Thurmond and all of the rest of Nancy's family and her many, many friends to know that they are uppermost in our thoughts and prayers and will forever have our deepest sympathy and our love. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, express deepest sorrow at the death of Miss Nancy Moore Thurmond and extend sympathy to her family and all of her friends.
Be it further resolved that a copy of this resolution be forwarded to the family of Miss Nancy M. Thurmond.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4123 -- Reps. Townsend and Cooper: A BILL TO REQUIRE THAT REVENUES CREDITED TO THE STATE HIGHWAY FUND AS OF JUNE 30, 1994, MUST BE CREDITED AS OF JULY 1, 1994, TO THE GENERAL FUND OF THE STATE, PROVIDE THAT FEES AND TAXES IMPOSED OR LEVIED BY LAW AS OF JUNE 30, 1994, CREDITED TO THE FUND ARE CONSIDERED TO BE IMPOSED OR LEVIED FOR THE GENERAL OPERATION OF STATE GOVERNMENT BEGINNING JULY 1, 1994, AND PROVIDE SEPARATE LEGISLATION FOR APPROPRIATION TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Referred to Committee on Ways and Means.
H. 4124 -- Rep. Gonzales: A BILL TO AMEND SECTION 5-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDINANCES FOR UPKEEP OF PROPERTY IN A MUNICIPALITY, SO AS TO PROVIDE THAT THE COST TO THE MUNICIPALITY FOR CORRECTING PROPERTY CONDITIONS IS A LIEN WITH THE SAME PRIORITY AS MUNICIPAL TAXES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4125 -- Reps. Neilson, Hines and Walker: A BILL TO AMEND SECTION 56-3-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERMITTED LIMITED OPERATION OF A GOLF CART ON A SECONDARY HIGHWAY OR STREET, SO AS TO AUTHORIZE OPERATION OF THE GOLF CART BY A MEMBER OF THE OWNER'S IMMEDIATE FAMILY.
Referred to Committee on Education and Public Works.
H. 4126 -- Reps. Hutson, A. Young, H. Brown, Stone, R. Smith, Fulmer, Simrill, Richardson, Kinon, Jaskwhich, Robinson, Marchbanks, Chamblee, G. Bailey, Trotter, Harrell, Wilkins, Cato, Vaughn, Allison, Wofford, Witherspoon, J. Wilder, Waldrop, D. Wilder and Thomas: A BILL TO AMEND SECTION 43-5-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS OF ELIGIBILITY FOR AID TO FAMILIES WITH DEPENDENT CHILDREN, SO AS TO REQUIRE AS A CONDITION OF ELIGIBILITY THAT THE RECIPIENT REPAY BENEFITS RECEIVED WHEN EIGHTEEN MONTHS HAVE ELAPSED SINCE THE LAST BENEFIT PAID AND THE RECIPIENT HAS AN INCOME OF AT LEAST ONE HUNDRED TWENTY-FIVE PERCENT OF THE FEDERAL POVERTY LEVEL UNLESS A TEMPORARY WAIVER IS GRANTED AND TO PROVIDE CIRCUMSTANCES UNDER WHICH A WAIVER MAY BE GRANTED.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4127 -- Rep. Sturkie: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCE OF ATTORNEY'S FEES, SO AS TO PERMIT THE STATE TO COVER THE FEES.
Referred to Committee on Judiciary.
H. 4128 -- Rep. Canty: A BILL TO AMEND SECTION 59-63-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTENDANCE AT SCHOOLS IN ADJACENT COUNTIES, SO AS TO MAKE CERTAIN PROVISIONS OF THE SECTION PERMISSIVE RATHER THAN MANDATORY.
Referred to Committee on Education and Public Works.
H. 4129 -- Reps. Kirsh, Delleney, Meacham, McCraw, Moody-Lawrence, Simrill and Hodges: A JOINT RESOLUTION TO PROVIDE FOR PAYMENT OF THE CATAWBA INDIAN LAND SETTLEMENT CLAIM.
Referred to Committee on Ways and Means.
S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".
Referred to Committee on Judiciary.
S. 585 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-165 SO AS TO REQUIRE A FINGERPRINT REVIEW OF PERSONS APPLYING TO BECOME AN ADMINISTRATOR OF A HEALTH CARE FACILITY REQUIRED TO OBTAIN A CERTIFICATE OF NEED.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, T.C. Allison Anderson Bailey, J. Baxley Beatty Breeland Brown, G. Brown, H. Byrd Carnell Cato Chamblee Cooper Davenport Delleney Fair Farr Fulmer Gamble Govan Graham Hallman Harris, P. Hines Holt Houck Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Lanford Law Littlejohn Marchbanks Mattos McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Rhoad Richardson Riser Rudnick Scott Sharpe Sheheen Smith, D. Smith, R. Spearman Stille Stoddard Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells White Wilder, D. Wilder, J. Williams Witherspoon Wofford Worley Wright Young, R.
I came in after the roll call and was present for the Session on Thursday, April 15.
Terry E. Haskins Joseph H. Neal David H. Wilkins Lucille S. Whipper James H. Hodges Gilda Cobb-Hunter James S. Klauber Timothy F. Rogers John J. Snow, Jr. Jean L. Harris Robert W. Harrell, Jr. James P. Harrelson M.O. Alexander Alfred B. Robinson, Jr. Dell Baker B. Hicks Harwell Michael F. Jaskwhich James L.M. Cromer, Jr. Joe E. Brown J. Gary Simrill John G. Felder June S. Shissias Ralph W. Canty Morgan Martin William D. Boan Roland S. Corning Larry L. Elliott C. Alex Harvin, III E.B. McLeod, Jr. Harry R. Askins Joseph T. McElveen, Jr. Stephen E. Gonzales Larry L. Koon George H. Bailey Timothy C. Wilkes C. Lenoir Sturkie Richard M. Quinn, Jr.
LEAVE OF ABSENCE
The SPEAKER granted Rep. A. YOUNG a leave of absence.
Rep. MARTIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, April 13.
Reps. CLYBORNE and FELDER signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, April 14.
Rep. STUART presented the North High School Boys Basketball Team and congratulated them for being the winners of the 1992-93 Class A State Championship.
Reps. SNOW and KENNEDY presented the Hemingway High School Girls Basketball Team, coaches and other school officials and congratulated them upon winning the State AA Championship.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 3124 -- Reps. Lanford, Littlejohn, Beatty, Wofford, Stone, Clyborne, Allison, McMahand, McLeod, Davenport, Hines, Byrd, G. Brown, Shissias and Walker: A BILL TO AMEND SECTION 4-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES UNDER THE PROVISIONS OF LAW REGULATING WRECKERS AT THE SCENE OF ACCIDENTS, SO AS TO PROVIDE FOR A MAXIMUM FINE IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS, RATHER THAN NOT EXCEEDING TWO HUNDRED DOLLARS.
H. 3492 -- Reps. Neilson, G. Bailey, Farr, Stone, R. Smith, Hines, Wilkins, Shissias, J. Wilder, Jaskwhich, Simrill, Harrelson, Wells, Vaughn, Walker, Davenport, Littlejohn, Haskins, Hutson, Moody-Lawrence, Fair, Allison, and Marchbanks: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COURT ADMINISTRATION TO DEVELOP A GUIDELINES AND PROCEDURES MANUAL FOR COURT-APPOINTED GUARDIANS AD LITEM AND TO PROVIDE FOR ITS CONTENTS AND DISTRIBUTION.
H. 3517 -- Reps. D. Smith, Tucker, Beatty, Baxley, Govan, Harrison, Haskins, Thomas, Graham, Trotter, Walker, Cato, Wells, Littlejohn, McElveen, Harrell, Delleney, R. Young, Lanford, Cromer, Davenport, Corning and Martin: A BILL TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-30, 16-13-50, 16-13-80, 16-13-180, AS AMENDED, 16-13-230, 16-13-240, 16-13-260, AND 16-13-420 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS CRIMES INVOLVING PROPERTY OR PERSONAL GOODS AND CHATTELS, SO AS TO PROVIDE THAT THE OFFENSE IS TRIABLE IN MAGISTRATE'S COURT IF THE VALUE OF THE PROPERTY, GOODS, OR CHATTEL IS NOT MORE THAN ONE THOUSAND DOLLARS AND TO INCREASE THE FINE IN MAGISTRATE'S COURT TO ONE THOUSAND DOLLARS; TO AMEND SECTION 22-3-550, RELATING TO MAGISTRATE'S JURISDICTION OVER MINOR OFFENSES, SO AS TO INCREASE THE FINE TO ONE THOUSAND DOLLARS; AND TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATE'S JURISDICTION FOR LARCENY, SO AS TO INCREASE JURISDICTION OVER THE VALUE OF STOLEN PROPERTY TO ONE THOUSAND DOLLARS.
H. 3515 -- Reps. Harvin and T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-5-55 SO AS TO PROVIDE FOR LEGAL HOLIDAYS FOR BANKS AND SAVINGS AND LOAN INSTITUTIONS; AND TO REPEAL SECTIONS 53-5-40 AND 53-5-50, RELATING TO HOLIDAYS FOR BANKS AND SAVINGS AND LOAN INSTITUTIONS.
H. 3442 -- Rep. Cromer: A BILL TO ALLOW SCHOOL ADMINISTRATORS AND OFFICIALS TO CONDUCT SEARCHES OF STUDENT AREAS ON SCHOOL PROPERTY WITHOUT PROBABLE CAUSE.
Debate was resumed on the following Bill, the pending question being consideration of the Bill.
H. 3374 -- Reps. Harrison, Fulmer, Kelley and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1535 SO AS TO PROHIBIT SPEEDING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY; AND BY ADDING SECTION 56-5-1895 SO AS TO PROHIBIT PASSING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY.
Rep. PHILLIPS explained the Bill.
The Bill was read the second time and ordered to third reading.
The SPEAKER granted Rep. TROTTER a leave of absence.
The following Bill was taken up.
S. 114 -- Senators Giese, Passailaigue, Leventis, Gregory, Lander, Martin, Moore, Richter, Rose, Waldrep, Glover, Reese, Rankin and Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10439JM.93), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 38-73-737. (A) Premium rates charged for liability coverages and collision coverage under a private passenger automobile insurance policy are subject to an appropriate driver training course credit once satisfactory evidence is presented that an applicant for the credit, who is not subject to the youthful operator approved driver training course credit mandated by Regulation 69-13.2(C), has successfully completed an approved driver training course. The amount of the credit may be determined by each individual insurer based upon factually or statistically supported data and is subject to prior approval by the commissioner. The credit must be afforded to the operator for thirty-six months from the date the approved driver training course was completed. The insurer may require as a condition of providing and maintaining the credit, that the insured for a three-year period after course completion not be involved in an accident for which the insured is at fault. The credit must be afforded by each insurer in a nondiscriminatory manner to all applicants, other than those considered within Regulation 69-13.2(C).
(B) 'An approved driver training course' for purposes of this section is a driver training course which has been approved by the South Carolina Department of Highways and Public Transportation and was conducted by:
(1) a recognized college or university;
(2) instructors certified by the South Carolina Department of Highways and Public Transportation; or
(3) any other school approved and supervised by the South Carolina Department of Highways and Public Transportation.
(4) The requirements of the course, in order to qualify for the insurance credit, must include the following minimum criteria:
(a) eight hours of classroom instruction;
(b) teaching method must include group discussion, lecture, and visual presentations;
(c) course materials must review age-related physical changes affecting older drivers, provide a basic review of the rules-of-the-road (i.e. rights of way, backing, entering and leaving interstate highways), and include accident prevention measures; and
(d) a relevant test on the course material.
(C) For purposes of this section 'satisfactory evidence' is a certificate, signed by an official of the school or the South Carolina Department of Highways and Public Transportation, which certifies that:
(1) the person achieved a passing grade on a relevant test on the course material;
(2) the course was approved by and the instructors were certified by the South Carolina Department of Highways and Public Transportation; and
(3) the school was approved and supervised by the South Carolina Department of Highways and Public Transportation.
(D) Only the vehicle driven by drivers who have successfully completed the driver training course qualifies for the insurance credit. In order for the credit to apply, the certificate must be furnished by the named insured, principal operator of the insured vehicle, and all occasional operators named in the policy as provided in Department of Insurance Regulation 69-13.1(II)(C). Any other vehicle or vehicles, which may be operated by other family members who have not completed the driver training course, do not qualify for the insurance credit, until and unless the primary driver of any additional vehicle has also successfully completed the driver training course.
(E) Only driver training courses taken on a voluntary basis qualify for the insurance credit. Driver training courses taken as a requirement of a driving offense, such as ADSAP or driver training courses taken to reduce the number of traffic violation points against a driver's license, do not qualify for the insurance credit provided in this section."
SECTION 2. Section 38-73-470 of the 1976 Code is amended to read:
"Section 38-73-470. One dollar Three dollars of the yearly premium for uninsured motorist coverage must be transferred to the South Carolina Department of Highways and Public Transportation Insurance, payable on a quarterly basis, to provide funds for the costs of enforcing and administering the provisions of Article 3, Chapter 10, title 56 Section 38-73-738."
SECTION 3. The 1976 Code is amended by adding:
"Section 38-73-738. (A) Upon request, the department shall issue to each first time driver's license applicant who is at least fifteen years of age but less than seventeen years of age, one driver training voucher. There must be one uniform voucher printed in triplicate on a form determined by the department. The voucher must contain the following information:
(1) holder's name and address;
(2) holder's birth date;
(3) holder's social security number;
(4) the date issued and expiration date;
(5) the signature of the holder;
(6) the name and address of the school district or driver training school;
(7) the use date;
(8) the signature of the school official; and
(9) validation date by the department.
(B) The commissioner is authorized to promulgate regulations to implement the provisions of (A).
(C) If sufficient funds are not collected to pay the costs of operating the voucher system in any one year, the program may be temporarily suspended until adequate funds have accumulated for administration of the voucher system.
(D) 'An approved driver training course' for purposes of this section is a driver training course which has been approved by the South Carolina Department of Education, the South Carolina Department of Highways and Public Transportation, or any other responsible educational agency and was conducted by:
(1) a recognized secondary school, college, or university;
(2) instructors certified by the South Carolina Department of Education, the South Carolina Department of Highways and Public Transportation, or other responsible educational agency; or
(3) any other school approved and supervised by the South Carolina Department of Education, the South Carolina Department of Highways and Public Transportation, or other responsible educational agency.
(4) The requirements of the course must include the following minimum criteria:
(a) eight hours of classroom instruction;
(b) four hours of actual on-street practice driving;
(c) instruction on the effects drugs and alcohol have on the operation of motor vehicles and the consequences of drug or alcohol impaired driving; and
(d) a relevant test on the course material.
(E) For purposes of this section 'satisfactory evidence' is a certificate, signed by an official of the school, the South Carolina Department of Education, the South Carolina Department of Highways and Public Transportation, or other responsible educational agency, which certifies that:
(1) the person achieved a passing grade on a relevant test on the course material;
(2) the course was approved by and the instructors were certified by the South Carolina Department of Education, the South Carolina Department of Highways and Public Transportation, or other responsible educational agency; and
(3) for schools other than recognized secondary schools, colleges, or universities, the school was approved and supervised by the South Carolina Department of Education, the South Carolina Department of Highways and Public Transportation, or other responsible educational agency.
(F) Successful completion of a driver training course as provided in this section entitles the person to the driver training credit provided in Regulation 69-13.2(I)(B) for youthful operators.
(G) An applicant for a driver's license who is at least fifteen years of age but less than seventeen years of age is required to successfully complete a driver training course before obtaining a driver's license and to provide certification of completion to the Department of Highways and Public Transportation."
SECTION 4. The 1976 Code is amended by adding:
"Section 56-1-75. (A) The department shall not issue a driver's license to any person who is at least fifteen years of age but less than seventeen years of age until the applicant has provided the department with evidence of satisfactory completion of an approved driver training course as provided in Section 38-73-738. To defray the cost of taking the course, the applicant may request a driver training voucher from the Department of Insurance as provided for in Section 38-73-738. The Department of Highways and Public Transportation shall inform applicants for beginner's permits and driver's licenses of the availability of the voucher.
(B) This requirement does not apply to a beginner's permit as provided in Section 56-1-50; however, it must be complied with before the issuance of a special restricted license as provided for in Section 56-1-180.
(C) The department, upon satisfactory proof that a minor who is at least fifteen years of age but less than seventeen years of age has become a resident of South Carolina and has a valid driver's license from his prior state of residence but has not completed a driver training course, may grant the minor a temporary driver's license under such terms as deemed necessary by the department to allow the minor to operate a motor vehicle of a specified type or class in this State in order to obtain the driver training course necessary for a driver's license in South Carolina."
SECTION 5. Sections 3 and 4 of this act take effect October 1, 1994.
SECTION 6. Except as otherwise specifically provided herein, this act takes effect October 1, 1993./
Amend title to conform.
Rep. J. BAILEY explained the amendment.
The amendment was then adopted.
Rep. STILLE proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\11280AC.93), which was adopted.
Amend the bill, as and if amended, Section 38-73-738(D)(4)(a) by inserting after /instruction/ on page 114-4, line 44, /for commercial driver training school approved courses; thirty hours of classroom instruction for a public or private secondary school course/.
Amend further, Section 38-73-738(D)(4)(b) by deleting /four/ on page 114-5, line 1, and inserting /six/.
Amend title to conform.
Rep. STILLE explained the amendment.
The amendment was then adopted.
Rep. J. BAILEY proposed the following Amendment No. 4, which was adopted.
Amend the bill, as and if amended, by striking Section 5 in its entirety and inserting:
/SECTION 5. Section 3 of this Act takes effect August 1, 1994. Section 4 of this Act takes effect October 1, 1994./
Amend title to conform.
Rep. J. BAILEY 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, read the second time, and ordered to a third reading:
S. 526 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SECRETARY OF STATE (SECURITIES DIVISION), RELATING TO DISHONEST OR UNETHICAL PRACTICES BY BROKER-DEALERS AND AGENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1511, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
H. 3129 -- Reps. Keegan, Martin, Kelley, Witherspoon, Worley, Snow and Thomas: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 136 SO AS TO PROVIDE THAT COASTAL CAROLINA COLLEGE, A FOUR-YEAR REGIONAL BRANCH OF THE UNIVERSITY OF SOUTH CAROLINA, SHALL BECOME COASTAL CAROLINA UNIVERSITY ON JULY 1, 1993, AND SHALL BE A SEPARATE AND DISTINCT INSTITUTION OF HIGHER LEARNING OF THE STATE OF SOUTH CAROLINA, TO PROVIDE FOR A BOARD OF TRUSTEES WHICH SHALL GOVERN THE UNIVERSITY, TO PROVIDE FOR THE BOARD'S POWERS, DUTIES, AND FUNCTIONS, TO AUTHORIZE THE UNIVERSITY TO ISSUE REVENUE BONDS, AND TO PROVIDE FOR CERTAIN TRANSITIONAL PROVISIONS INCLUDING THE TRANSFER OF PERSONNEL, ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS.
Reps. MOODY-LAWRENCE, KELLEY, KEEGAN, THOMAS, WITHERSPOON, WORLEY and CLYBORNE objected to the Bill.
The following Bill was taken up.
H. 3455 -- Reps. Spearman and Williams: A BILL TO AMEND SECTION 59-111-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO DELETE THE EIGHTEEN YEAR RESIDENCY REQUIREMENT.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4492AL.93).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 59-111-20 of the 1976 Code is amended to read:
"Section 59-111-20. (A) A child of a veteran, upon application to and approval by the South Carolina Department of Veterans Affairs, may be admitted to any state-supported college, university, or post high school technical education institution free of tuition so long as his work and conduct is satisfactory to the governing body of the institution, if the veteran who was a resident of this State at the time of entry into service and during service or who has been a resident of this State for at least eighteen years and, in the event the veteran is disabled, still resides in this State, who provided the veteran served honorably in a branch of the military service of the United States during a war period, as such those periods are defined by Section 101 of Title 38 of the United States Code and:
(1) who was killed in action;
(2) who died from other causes while in the service;
(3) who died of disease or disability resulting from service;
(4) who was a prisoner of war as defined by Congress or Presidential proclamation during such war period;
(5) who is permanently and totally disabled, as determined by the Veterans Administration from any cause;
(6) who has been awarded the Congressional Medal of Honor;
(7) who is missing in action; or
(8) the applicant is the child of any a deceased veteran who qualified under items (4) and (5) may, upon application to and approval by the South Carolina Department of Veterans Affairs, be admitted to any State-supported college, university or post high school technical education institution free of tuition so long as his work and conduct is satisfactory to the governing body of the institution.
(B) The provisions of this section apply to a child of a veteran who meets the residency requirements of Chapter 112 of this title, is twenty-six years of age or younger, and is pursuing a baccalaureate degree."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. SPEARMAN explained the amendment and moved to adjourn debate upon the Bill until Wednesday, April 21, which was adopted.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. RICHARDSON moved that the House recur to the morning hour.
Rep. WILKINS moved to table the motion, which was not agreed to.
The question then recurred to the motion to recur to the morning hour, which was agreed to.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3687 -- Reps. Gonzales, H. Brown, J. Bailey, Koon, Quinn, Hallman, Fulmer, Holt, Harrison, Richardson, Wright, A. Young, Stuart, Wofford, Harrell, Inabinett, Witherspoon, Riser, G. Bailey, D. Wilder and Jaskwhich: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-1-160 SO AS TO PROVIDE THAT IF ANY PROVISION OF LAW CONCERNING APPOINTMENTS TO OR APPROVAL OF A BUDGET FOR A COUNTY BOARD, COMMISSION, OR DISTRICT, EXCLUDING SCHOOL DISTRICTS, REQUIRES AN ACTION ON THE PART OF A COUNTY LEGISLATIVE DELEGATION, THE RESPONSIBILITY FOR THAT REQUIRED ACTION, UPON WRITTEN RESOLUTION SIGNED BY A MAJORITY OF THE COUNTY LEGISLATIVE DELEGATION, SHALL DEVOLVE TO THE GOVERNING BODY OF THE COUNTY.
Ordered for consideration tomorrow.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3960 -- Reps. Kennedy, Harvin and Williams: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO STUDY THE INTERSECTION OF U.S. HIGHWAY 52 AND U.S. HIGHWAY 521 IN WILLIAMSBURG COUNTY AND MAKE A RECOMMENDATION TO IMPROVE THE SAFETY OF THE AREA.
Ordered for consideration tomorrow.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 646 -- Senators Elliott, Rankin, Greg Smith, Leventis and Saleeby: A CONCURRENT RESOLUTION TO REQUEST THE FEDERAL HIGHWAY ADMINISTRATION TO EXPAND THE NATION'S INTERSTATE LINKAGE TO INCLUDE THE CONSTRUCTION OF INTERSTATE I-73 FROM DETROIT, MICHIGAN, SOUTHEASTERLY THROUGH OHIO, WEST VIRGINIA, NORTH CAROLINA, AND THE COASTAL SECTIONS OF SOUTH CAROLINA.
Ordered for consideration tomorrow.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3879 -- Rep. McAbee: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF SECONDARY HIGHWAY S33-329 FROM HIGHWAY 378 TO THE PROPOSED CONNECTOR ROAD IN MCCORMICK COUNTY AND TO TRANSFER IT TO MCCORMICK COUNTY.
On motion of Rep. McABEE, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 3879 -- Rep. McAbee: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF SECONDARY HIGHWAY S33-329 FROM HIGHWAY 378 TO THE PROPOSED CONNECTOR ROAD IN MCCORMICK COUNTY AND TO TRANSFER IT TO MCCORMICK COUNTY.
The Bill was read the second time and ordered to third reading.
On motion of Rep. McABEE, with unanimous consent, it was ordered that H. 3879 be read the third time tomorrow.
The following Bill was introduced, read the first time, and referred to the appropriate committee:
H. 4130 -- Rep. Boan: A BILL TO AMEND SECTION 59-115-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO ISSUE REVENUE BONDS UNDER THE STATE EDUCATION ASSISTANCE ACT, SO AS TO DELETE A REFERENCE TO THE AGGREGATE PRINCIPAL AMOUNT OF SUCH BONDS WHICH MAY BE OUTSTANDING AT ANY TIME AND PROVIDE FOR A PARITY BOND TEST FOR THE ISSUANCE OF ADDITIONAL BONDS.
Referred to Committee on Ways and Means.
Rep. JENNINGS moved to adjourn debate upon the following Bill until Tuesday, April 20, which was adopted.
H. 3463 -- Reps. Jennings, H. Brown, Kirsh, Huff, Houck, Neilson, Tucker, Baxley, Delleney, Wofford, Worley, McElveen, Martin, Cobb-Hunter, J. Wilder, Spearman, Elliott, McCraw, Phillips, Kinon, J. Harris and Askins: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND TO PRESCRIBE ITS POWERS AND DUTIES; BY ADDING SECTION 57-23-185 SO AS TO PROVIDE THAT JUST COMPENSATION BE PAID TO LANDOWNERS FOR REMOVAL OF SIGNS; AND TO AMEND SECTION 57-25-140, AS AMENDED, RELATING TO SIGNS PERMITTED ALONG INTERSTATE HIGHWAYS, SO AS TO ALLOW SIGNS PROVIDING DIRECTIONAL INFORMATION.
The following Bill was taken up.
S. 525 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-77-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS AS USED IN THIS SECTION DO NOT INCLUDE PREMIUMS ATTRIBUTABLE TO RISKS CEDED TO THE FACILITY THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT PURSUANT TO SECTION 38-73-760(e).
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10465JM.93), which was adopted.
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION to read:
/SECTION ___. Section 38-73-1425 of the 1976 Code, as added by Act 113 of 1991, is amended to read:
"Section 38-73-1425. The final rate or premium charge for a private passenger automobile insurance risk ceded to the facility which does not qualify for the safe driver discount in Section 38-73-760(e) is the final rate or premium charge required by Section 38-73-1420 or the final rate or premium charge approved for use by the insurer, whichever is greater, so that the facility may not be unreasonably utilized by automobile insurers ceding business pursuant to Section 38-77-950.
The establishing of a rate for all business ceded to the facility shall be phased in over a two-year period so that no less than fifty percent of the current differential of the company-filed rate and the current facility rate shall be added on renewals or new business effective on or after October 1, 1993, and the remaining fifty percent differential between the company-filed rate and the facility rate shall be added on renewals or new business effective on or after October 1, 1994."/
Renumber sections to conform.
Amend title to conform.
Rep. J. BAILEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. J. BAILEY, with unanimous consent, it was ordered that S. 525 be read the third time tomorrow.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3868 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO EMERGENCY PROCEDURES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1522, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3869 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SECRETARY OF STATE, SECURITIES DIVISION, RELATING TO DISHONEST OR UNETHICAL PRACTICES BY INVESTMENT ADVISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1509, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3870 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SECRETARY OF STATE, SECURITIES DIVISION, RELATING TO CUSTODY OF CLIENT'S FUNDS OR SECURITIES BY INVESTMENT ADVISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1510, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3871 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SECRETARY OF STATE, SECURITIES DIVISION, RELATING TO FINANCIAL REPORTING REQUIREMENTS FOR CERTAIN INVESTMENT ADVISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1512, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 593 -- Senators Elliott, Greg Smith and Rankin: A BILL TO AMEND ACT 337 OF 1971, AS AMENDED, RELATING TO THE CREATION OF THE GRAND STRAND WATER AND SEWER AUTHORITY, SO AS TO GRANT THE AUTHORITY THE POWER, WITH THE APPROVAL OF THE CUSTOMER, TO ROUND TO THE NEXT HIGHEST DOLLAR A CUSTOMER'S BILL AND DISBURSE THE FUNDS REALIZED FROM THIS ROUNDING PROCEDURE FOR CHARITABLE PURPOSES.
S. 597 -- Senator Saleeby: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA CHIEF INSURANCE COMMISSIONER TO SOLICIT AN INVITATION FOR BIDS FOR ANY AND ALL SERVICES USED OR PAID FOR BY THE SOUTH CAROLINA REINSURANCE FACILITY AND TO CONDUCT CERTAIN AUDITS AND REPORT THE RESULTS TO THE GENERAL ASSEMBLY.
On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 3868 be read the third time tomorrow.
The following Bill was taken up.
H. 3141 -- Reps. McLeod, G. Brown, Farr, H. Brown, Holt, Houck, McCraw, Hines, Walker, Neal, M.O. Alexander, McMahand, Breeland, Shissias, J. Harris, Phillips, Byrd and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-15 SO AS TO PROVIDE THAT THE PROHIBITION ON CERTAIN SIGNS IN THE HIGHWAY RIGHT-OF-WAY DOES NOT EXTEND TO A WELCOME SIGN ERECTED BY THE GOVERNING BODY OF A MUNICIPALITY OR COUNTY IF THE SIGN PRESENTS NO TRAFFIC HAZARD.
Rep. RUDNICK made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER overruled the Point of Order.
The Committee on Education and Public Works proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10473AL.93), which was adopted.
Amend the bill, as and if amended, Section 57-25-15 as contained in SECTION 1, by adding at the end:
/If the sign is placed on a highway right-of-way, it must meet the approval of the department for size, location, and supports./
So that when amended, Section 57-25-15 shall read:
/"Section 57-25-15. The prohibition of Section 57-25-10 does not extend to a welcome sign erected by the governing body of a county or municipality if the sign presents no traffic hazard. If the sign is placed on a highway right-of-way, it must meet the approval of the department for size, location, and supports."/
Amend title to conform.
Rep. PHILLIPS explained the amendment.
The amendment was then adopted.
The SPEAKER granted Rep. HINES a leave of absence for the remainder of the day.
Rep. RUDNICK proposed the following Amendment No. 2, which was tabled.
to add
or the erection of a sign identifying a sub-division
Rep. RUDNICK explained the amendment.
Rep. FULMER moved to table the amendment, which was agreed to.
Rep. RUDNICK objected to the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. CHAMBLEE moved that the House do now adjourn, which was adopted.
Rep. FELDER moved to reconsider the vote whereby S. 597 was given a second reading and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 4108 -- Reps. Rogers, Waites and Harrison: A CONCURRENT RESOLUTION CONGRATULATING THE DECATHLETES OF DREHER HIGH SCHOOL OF RICHLAND COUNTY ON WINNING THE 1993 SOUTH CAROLINA ACADEMIC DECATHLON AT COKER COLLEGE, AND EXTENDING THE DREHER TEAM AND COACH THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, APRIL 20, 1993, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR THEIR ACHIEVEMENTS.
H. 4122 -- Reps. Rudnick, Sheheen, Wilkins, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MISS NANCY MOORE THURMOND, AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
At 11:28 A.M. the House in accordance with the motion of Rep. RUDNICK adjourned in memory of Miss Nancy Moore Thurmond, daughter of U.S. Senator Strom Thurmond and Mrs. Nancy Thurmond, to meet at 10:00 A.M. tomorrow.
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