1994 Permanent House Journal Printed Pages 1330-1340 - South Carolina Legislature Online

Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

Printed Page 1320, Feb. 1 | Printed Page 1340, Feb. 2

Printed Page 1330 . . . . . Tuesday, February 1, 1994

H. 4542 -- Reps. Stuart, Sturkie, Gamble, Koon, Spearman and Riser: A BILL TO AMEND ACT 218 OF 1993, RELATING TO THE ELECTION OF MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY IN NONPARTISAN ELECTIONS, SO AS TO PROVIDE THAT ALL PERSONS DESIRING TO QUALIFY AS A CANDIDATE SHALL FILE WRITTEN NOTICE OF CANDIDACY WITH THE COUNTY ELECTION COMMISSION BY SEPTEMBER FIRST BUT NOT EARLIER THAN AUGUST FIRST OF THE YEAR IN WHICH THE ELECTION IS TO BE CONDUCTED.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 3635 -- Rep. Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-647 SO AS TO DESIGNATE THE TIGER SWALLOWTAIL AS THE OFFICIAL STATE BUTTERFLY.

H. 4124--DEBATE ADJOURNED

Rep. LANFORD moved to adjourn debate upon the following Bill until Tuesday, February 8, which was adopted.

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.

H. 4140--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, February 2, which was adopted.

H. 4140 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 24-13-100, 24-13-150, AND 24-13-175 SO AS TO PROVIDE FOR ELIGIBILITY FOR WORK RELEASE, EARLY RELEASE, AND COMPENSATION OF TIME; TO AMEND SECTIONS 16-3-20, AS AMENDED, 16-3-625, 16-3-1260, 16-11-311, 16-11-330, AND 16-11-340, RELATING TO VARIOUS CRIMES AND OFFENSES, SO

Printed Page 1331 . . . . . Tuesday, February 1, 1994

AS TO PROVIDE FOR TRUTH IN SENTENCING, DELETE ELIGIBILITY FOR PAROLE, AND PROVIDE A NAME CHANGE FOR THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES; AND TO REPEAL SECTIONS 24-3-40, 24-3-50, 24-13-60, 24-13-210, 24-13-220, AND 24-13-270, AND ARTICLE 7, CHAPTER 21, TITLE 24, RELATING TO WAGES OF PRISONERS, WORK RELEASE OF PRISONERS, AND COMPUTATION OF TIME FOR RELEASE OF PRISONERS.

H. 4350--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, February 2, which was adopted.

H. 4350 -- Reps. Wilkins, M.O. Alexander, T.C. Alexander, Allison, Askins, J. Bailey, Baxley, Beatty, H. Brown, Carnell, Cato, Chamblee, Clyborne, Cooper, Cromer, Delleney, Elliott, Farr, Felder, Fulmer, Gamble, Gonzales, Graham, Hallman, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Hutson, Jennings, Keegan, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McKay, McTeer, Meacham, Neilson, Phillips, Quinn, Richardson, Riser, Robinson, Scott, Shissias, Simrill, R. Smith, D. Smith, Snow, Spearman, Stille, Stone, Stuart, Thomas, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Whipper, D. Wilder, Wilkes, Witherspoon, Wright, A. Young, R. Young, Huff, Corning, Fair, Kelley, Davenport, Jaskwhich, Inabinett, Sharpe, J. Wilder, Harrell and Breeland: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFICKING IN COCAINE, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH; TO AMEND SECTION 44-53-375, AS AMENDED, RELATING TO POSSESSION, SALE, MANUFACTURE, AND DISTRIBUTION OF ICE, CRANK, OR CRACK COCAINE, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH AND TO DEFINE PRIOR CONVICTIONS FOR PURPOSES OF SENTENCING; AND TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD TRAFFICKING IN CRACK COCAINE.

Printed Page 1332 . . . . . Tuesday, February 1, 1994

H. 4391--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4391 -- Reps. Lanford, Harvin, Littlejohn, D. Wilder, Fulmer, Cromer, Allison, Inabinett, Wilkes, Waldrop, J. Brown and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-225 SO AS TO REQUIRE THE STATE TO FURNISH A BULLETPROOF VEST TO EACH LAW ENFORCEMENT OFFICER UPON SUCCESSFUL COMPLETION OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING SCHOOL PROGRAM.

AMENDMENT NO. 2--TABLED

Debate was resumed on Amendment No. 2, which was proposed on Thursday, January 27, by Reps. LANFORD and BOAN.

Rep. LANFORD explained the amendment and moved to table the amendment, which was agreed to.

Reps. LANFORD and BOAN proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\17205ac.94), which was adopted.

Amend the bill, as and if amended, striking all after the enacting words and inserting:

/SECTION 1. The 1976 Code is amended by adding:

"Section 23-1-225. (A) The South Carolina Criminal Justice Academy shall furnish a bulletproof vest to each law enforcement officer, as defined in Section 23-23-10, upon successful completion of the South Carolina Law Enforcement Training School Program, conducted pursuant to Chapter 23, and qualification as a law enforcement officer. However, the Criminal Justice Academy is not required to furnish a bulletproof vest to a law enforcement officer who would be provided a vest by the officer's employing agency. Upon termination of an officer's employment the bulletproof vest remains with the employing agency. However, if the vest was provided by the Criminal Justice Academy and it is not suitable for use by another officer of the employing agency, it must be returned to the Criminal Justice Academy.

(B) A law enforcement officer or a member of a law enforcement officer's family may not bring a civil action against the Criminal Justice Academy or the State or any of its political subdivisions for actual or punitive damages arising out of the provision of the vest. However, this does not apply to workers compensation or other benefits to which the

Printed Page 1333 . . . . . Tuesday, February 1, 1994

officer or a member of the officer's family may be entitled by virtue of the officer's employment with the State or any of its political subdivisions. (C)The Criminal Justice Academy shall purchase vests as required by this section from existing funds of the agency."

SECTION 2. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. LANFORD explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4421--AMENDED AND POINT OF ORDER

The following Bill was taken up.

H. 4421 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, INCREASE THE AMOUNT OF THE PREMIUM TO BE USED TO PROVIDE FUNDS FOR THE COSTS OF ADMINISTERING THE PROVISIONS OF SECTION 38-73-738, RATHER THAN ARTICLE 3, CHAPTER 10, TITLE 56, AND PROVIDE FOR THE TRANSFER OF THIS PORTION OF THE PREMIUM TO THE DEPARTMENT OF INSURANCE, RATHER THAN THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-738 SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF INSURANCE TO ISSUE TO A FIRST TIME DRIVER'S LICENSE APPLICANT WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE A DRIVER TRAINING VOUCHER; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-75 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A DRIVER'S LICENSE MUST NOT BE ISSUED TO A PERSON WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE UNTIL THE APPLICANT HAS PROVIDED EVIDENCE OF SATISFACTORY COMPLETION OF AN APPROVED DRIVER TRAINING COURSE AS PROVIDED IN SECTION 38-73-738.

Printed Page 1334 . . . . . Tuesday, February 1, 1994

Reps. SPEARMAN and COBB-HUNTER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10866JM.94), which was adopted.

Amend the bill, as and if amended, by adding to Section 38-73-738, as contained in SECTION 2, immediately after line 30 on page 3, the following:

/(H) Notwithstanding any other provision of law, every driver training school licensed by the State must provide, for the value of the voucher presented, the required class as specified by the Department of Insurance for driver education program purposes, and, if an applicant as described in subsection (A) of this section fails to successfully complete the driver training course as described in this section, the applicant must be entitled, for purposes of the driver training voucher, to one makeup of the driver training course at no cost to him."/

Amend further, page 3, by striking /"/ after the period on line 30.

Amend title to conform.

Rep. SPEARMAN explained the amendment.

Rep. J. BAILEY explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\10865JM.94), which was adopted.

Amend the bill, as and if amended, page 2, Section 38-73-738, as contained in SECTION 2, by striking subsection (B) on lines 24 and 25, and inserting:

/(B) The Director of the Department of Insurance is authorized to promulgate regulations to implement the provisions of (A), including setting the amount of the voucher under this section for the driver education schools licensed by and operating in this State./

Amend title to conform.

Rep. J. BAILEY explained the amendment.

The amendment was then adopted.

Rep. STILLE proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BBM\10877JM.94), which was adopted.

Amend the bill, as and if amended, Section 38-73-738, as contained in SECTION 2, by adding an appropriately-lettered subsection to read:

/( ) The Director of the Department of Insurance may temporarily suspend the program provided for in this section in any area of the State

Printed Page 1335 . . . . . Tuesday, February 1, 1994

if he determines that sufficient numbers of certified teachers for the course are not available in a particular area./

Reletter subsections to conform.

Amend title to conform.

Rep. STILLE explained the amendment.

The amendment was then adopted.

Rep. J. BAILEY explained the Bill.

POINT OF ORDER

Rep. KIRSH raised the Point of Order that H. 4421 was out of order in compliance with Rule 4.4 as it appropriated funds and should have been referred to the Ways and Means Committee.

Rep. T.C. ALEXANDER stated that the funds were under the insurance premium and would not be appropriated by the State.

The SPEAKER stated that it did not impose a fee that would be collected and go in the General Fund but that it directly caused that fee to be collected by the Department of Insurance and to be used in the enforcement and administration of its programs and he sustained the Point of Order and ordered the Bill referred to the Ways and Means Committee.

HOUSE TO MEET AT 11:45 A.M. TOMORROW

Rep. WILKINS moved that when the House adjourns it adjourn to meet at 11:45 A.M. tomorrow, which was agreed to.

Rep. WILKINS moved that the House do now adjourn, which was adopted.

ADJOURNMENT
At 12:58 P.M. the House in accordance with the motion of Rep. STODDARD adjourned in memory of Frances M. Medlock of Waterloo, to meet at 11:45 A.M. tomorrow.

* * *

Printed Page 1336 . . . . . Wednesday, February 2, 1994

Wednesday, February 2, 1994
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:45 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, our unfailing Friend, our ever-present Help, and our everlasting Hope, may we constantly and continually avail ourselves of Your divine wisdom which does not err and of Your strength that does not falter. Forbid that we should be cowardly when we should be courageous, confused when we should be calm, fickled when we should be faithful. Make us strong in the Lord and in the power of His might. Enrich our joy in the realization of doing Your will in faithful service to God and to mankind.

Grant us Your peace, Lord, both now and always. 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.

MOTION ADOPTED

Rep. SIMRILL moved that when the House adjourns, it adjourn in memory of Bob Marett of Rock Hill, which was agreed to.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committee for consideration.

Document No. 1736
Promulgated By Department of Archives and History
General Records Retention Schedule for School Districts
Received By Speaker February 2, 1994
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date June 2, 1994

Printed Page 1337 . . . . . Wednesday, February 2, 1994

Document No. 1737
Promulgated By Department of Archives and History
General Retention Schedule for State Colleges and Universities
Received By Speaker February 2, 1994
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date June 2, 1994

REPORTS OF STANDING COMMITTEES

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of the Girl Scout Councils of South Carolina for a mid-day reception, February 8, 1994, immediately upon adjournment in the main lobby of the State House.

The invitation was accepted.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of the South Carolina Student Legislature for a reception, February 22, 1994, 12:30 P.M. - 2:30 P.M. in the lower lobby of the State House.

The invitation was accepted.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of This, That, `N' The Other II Cafe for a luncheon, February 23, 1994, 1:00 P.M., at 1519 Harden Street, Columbia, S.C.

The invitation was accepted.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:

H. 3505 -- Rep. Cromer: A BILL TO AMEND SECTIONS 16-9-10, 16-9-20, AND 16-9-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERJURY, SUBORNATION OF PERJURY, SUBORNATION OF PERJURY IN CIVIL ACTIONS, PENALTIES, AND THE ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY OR SUBORNATION OF PERJURY, SO AS TO INCREASE THESE PENALTIES.