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Printed Page 420, Feb. 1
| Printed Page 440, Feb. 1
| STATEMENT OF ATTENDANCE I came in after the roll call and was present for the Session on Thursday, February 1. Robert J. Sheheen Robert W. Harrell, Jr. James S. Klauber James N. Law J. Gary Simrill Harry R. Askins Joseph T. McElveen, Jr. John G. Felder Ralph W. Canty C. Alex Harvin III Richard M. Quinn, Jr.
I was present before roll call for the Session on February 1.
Rep. ROBERT J. SHEHEEN
Rep. QUINN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, January 31.
Announcement was made that Dr. William N. Boulware of Florence is the Doctor of the Day for the General Assembly.
The following Bill was read the third time, passed and, 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.
S. 938 -- Senator Short: A BILL TO PROVIDE THAT THE MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD AT THE SAME TIME AS THE GENERAL ELECTION.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4515 -- Rep. Felder: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING CALHOUN COUNTY TO THE GOVERNING BODY OF CALHOUN COUNTY.
S. 730 -- Senator Moore: A BILL TO AMEND SECTIONS 40-47-510, 40-47-530, AND 40-47-655, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE ACCREDITING AUTHORITY FOR RESPIRATORY CARE PROGRAMS, SO AS TO PROVIDE THAT THIS AUTHORITY MAY BE THE AMERICAN MEDICAL ASSOCIATION OR A SUCCESSOR AUTHORITY RECOGNIZED BY THE BOARD.
Rep. TRIPP explained the Bill.
S. 731 -- Senator Moore: A BILL TO AMEND SECTION 40-45-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
Rep. TRIPP explained the Bill.
S. 759 -- Senator Moore: A BILL TO AMEND SECTION 40-36-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OCCUPATIONAL THERAPIST LICENSURE AND USE OF THAT TITLE, SO AS TO DELETE THE PROVISIONS REGARDING ISSUANCE OF CERTIFICATES OF LICENSURE TO FOREIGN TRAINED PERSONS.
Rep. TRIPP explained the Bill.
S. 468 -- Senator Hayes: A BILL TO AMEND SECTION 8-21-310(11), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SCHEDULE OF FEES AND COSTS TO BE COLLECTED, SO AS TO PROVIDE FOR A FEE FOR FILING A JUDGMENT BY CONFESSION WITH A CLERK OF COURT; AND TO AMEND SECTION 15-35-370, RELATING TO JUDGMENT BY CONFESSION, SO AS TO CLARIFY THE PROCEDURE FOR FILING A JUDGMENT BY CONFESSION AND TO DELETE OBSOLETE REFERENCES.
Rep. HARRISON explained the Bill.
S. 772 -- Senators Holland and Williams: A BILL TO AMEND SECTION 7-15-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECEIPT, TABULATION, AND REPORTING OF ABSENTEE BALLOTS, SO AS TO AUTHORIZE THE POLL MANAGERS TO BEGIN THE PROCESS OF REMOVING THE BALLOTS FROM THE ENVELOPES MARKED "BALLOT HEREIN" AFTER EXAMINING THE RETURN-ADDRESSED ENVELOPES AT 2:00 P.M., AND TO FURTHER PROVIDE THAT THE COUNTING, TABULATION, AND REPORTING OF THESE BALLOTS SHALL NOT BEGIN UNTIL THE POLLS HAVE CLOSED.
Rep. CROMER explained the Bill.
H. 4523 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO CATEGORICALLY NEEDY ELIGIBLE GROUPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1865,
Rep. WILDER explained the Joint Resolution.
H. 4524 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO RETAIL FOOD STORE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1900, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WILDER explained the Joint Resolution.
On motion of Rep. TRIPP, with unanimous consent, it was ordered that S. 730 be read the third time tomorrow.
On motion of Rep. TRIPP, with unanimous consent, it was ordered that S. 731 be read the third time tomorrow.
On motion of Rep. TRIPP, with unanimous consent, it was ordered that S. 759 be read the third time tomorrow.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that S. 468 be read the third time tomorrow.
On motion of Rep. CROMER, with unanimous consent, it was ordered that S. 772 be read the third time tomorrow.
On motion of Rep. WILDER, with unanimous consent, it was ordered that H. 4523 be read the third time tomorrow.
On motion of Rep. WILDER, with unanimous consent, it was ordered that H. 4524 be read the third time tomorrow.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3858 -- Reps. Bailey, Rice, Baxley, Limbaugh, Simrill, Clyburn, Mason, Jennings, H. Brown, Moody-Lawrence, Wofford, A. Young, Shissias, Hutson, Dantzler, Williams, Stille, Boan, Law, Rhoad, Davenport, Kirsh, Littlejohn, J. Harris, Wright, Harrell and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1333 SO AS TO AUTHORIZE THE FAMILY COURT TO SUSPEND OR RESTRICT THE DRIVER'S LICENSE OF A CHILD ADJUDICATED DELINQUENT OR FOUND IN CONTEMPT OF COURT OR IN VIOLATION OF A TERM OR CONDITION OF PAROLE.
The following Bill was taken up.
H. 3732 -- Reps. Martin, Herdklotz, Meacham, Thomas, Simrill, Stoddard, Fulmer, Witherspoon, Jennings, Stille, Sandifer, Baxley, Robinson, Law, Rice, Davenport, Hallman, Neilson, Delleney and Walker: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES ASSOCIATED WITH A PERSON DRIVING WHILE HIS LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO REVISE THE PENALTY.
Rep. SIMRILL proposed the following Amendment No. 2 (Doc Name P:\amend\DKA\3480CM.96), which was tabled.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. The 1976 Code is amended by adding:
"Section 56-3-1335. (A) Upon conviction of the following crimes, the court must confiscate the license plate and motor vehicle registration of each motor vehicle registered in the convicted person's name:
(1) Section 56-5-2945 causing great bodily injury or death by operating a motor vehicle while under the influence of drugs or alcohol;
(2) a second or subsequent violation of Section 56-5-2930;
(3) a second or subsequent violation of Section 56-1-460;
(4) Section 56-5-1210 failure to stop and render aid during a motor vehicle accident that results in death or personal injury;
(6) Section 56-10-270 knowingly operating an uninsured motor vehicle.
(B) A person whose license plate and motor vehicle registration are confiscated pursuant to subitems (1), (2), and (3) of subsection (A) may not apply for a new license plate for a vehicle registered in his name during the period in which his privilege to drive is suspended. A person whose license plate and motor vehicle registration are confiscated pursuant to subitems (4), (5), or (6) of subsection (A), may not apply for a new license plate for one year after his conviction.
(C) A person convicted of a crime contained in this section must surrender the license plate of each vehicle registered in his name at the time he enters a plea of nolo contendere, a guilty plea, or is convicted. The court shall issue the convicted person a receipt for each plate surrendered.
(D) If a person fails to surrender a license plate pursuant to this section, a warrant must be issued to seize the license plate. A twenty-five dollar fee must be imposed upon a person who fails to surrender a license plate once a warrant is issued.
(E) The court may allow a motor vehicle pursuant to this section to be registered for the use of other licensed drivers in the household. The department shall issue a special license plate for this purpose."
SECTION 3. Section 56-9-500 of the 1976 Code is amended to read:
"Section 56-9-500. Whenever When the Department of Public Safety (department), under any law of this State, suspends or revokes the license of any a person upon receiving a record of conviction or forfeiture of bail and in all cases where the department suspends or revokes the driver's license of any a person under lawful the authority possessed by of the department, except in those cases provided for in Section 56-1-270, in which case the license only shall be is suspended and not the registration, the Department of Revenue shall also shall suspend the registration for all motor vehicles registered in the name of that person, except that it shall not suspend the registration, unless otherwise required by law, if that person has previously given or shall immediately give and thereafter maintain proof of financial responsibility with respect to all motor vehicles registered by him. The license and registration shall remain suspended or revoked and shall must not at any time thereafter be renewed nor shall any must a license be thereafter issued to that person nor shall any must a motor vehicle be thereafter registered in the name of that person until permitted under the motor vehicle laws of this State and not
When such responsibility is provided for under the provisions of Section 56-9-550, certification shall be furnished by the insurance company to the department within fifteen days."
SECTION 4. Section 56-3-1340 of the 1976 Code is repealed.
SECTION 5. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment and moved to table the amendment, which was agreed to.
Rep. SIMRILL proposed the following Amendment No. 3 (Doc Name P:\amend\PFM\3732CM.96), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-1-460 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-1-460. (A) A person who drives a motor vehicle on any a public highway of this State when his license to drive is canceled, suspended, or revoked is guilty of a misdemeanor and must, upon conviction, must be:
(1) for a first offense, fined two hundred dollars or imprisoned for thirty days for the first violation,;
(2) for the a second violation offense, fined five hundred dollars and or imprisoned for sixty thirty consecutive days,; and
(3) for the a third and subsequent violation offense, imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended, by the trial judge and have his license plate and motor vehicle registration revoked. A person whose license plate and motor vehicle registration are revoked pursuant to this provision may not apply for a new license plate for a vehicle registered in his name during the period in which his privilege to drive is suspended.
(B) The Department of Public Safety, upon receiving a record of the conviction of any a person under violating this section upon a charge of driving a vehicle while his license was suspended for a definite period of time, shall extend the period of the suspension for an additional like period. If the original period of suspension has expired or terminated before trial and conviction, the Department of Public Safety shall again shall suspend the license of the person for an additional like period of
(C) If the license of the person convicted was suspended pursuant to the provisions of Section 56-5-2990, then he must be punished as follows and no part of the minimum sentence may be suspended:
(1) for a first offense, imprisoned for not less than ten nor more than thirty days;
(2) for a second offense, imprisoned for not less than sixty days nor more than six months;
(3) for a third and subsequent offense, not less than six months nor more than three years.
(D) A person convicted of a crime contained in subsection (A)(3) must surrender the license plate of each vehicle registered in his name at the time he enters a plea of nolo contendere, a guilty plea, or is convicted. The court shall issue the convicted person a receipt for each plate surrendered.
(E) The court may allow a motor vehicle to be registered for the use of other drivers in the household. The department shall issue a special license plate for this purpose."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. HARRISON explained the amendment.
Rep. SIMRILL spoke in favor of the amendment.
Rep. SCOTT moved to table the amendment.
Rep. WHITE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 45 to 25.
Amend the bill, as and if amended, Page 1, Section 56-1-460, SECTION 1, by striking item (3) beginning on line 31 and inserting:
/(3) for the a third and subsequent violation offense, imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge./
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4341 -- Reps. Wilkins, Sandifer, Walker, Allison, Haskins, Jennings, Cain, Harrison, Witherspoon, Vaughn, Simrill, Herdklotz, Kirsh, Delleney, Cotty, Limbaugh, Richardson, Meacham, Easterday and McElveen: A BILL TO AMEND SECTION 20-7-112, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REIMBURSEMENTS FOR COUNSEL APPOINTED FOR A CHILD IN A DELINQUENCY PROCEEDING, SO AS TO PROVIDE THAT THE COURT MAY ORDER THE CHILD'S PARENTS TO REIMBURSE THE COURT-APPOINTED ATTORNEY OR THE INDIGENT DEFENSE FUND.
The House Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\7880AC.96), which was adopted.
Amend the bill, as and if amended, by deleting SECTION 1 of the bill and inserting:
/SECTION 1. Section 20-7-112 of the 1976 Code, as added by Act 96 of 1995, is amended to read:
"Section 20-7-112. Notwithstanding Title 17, Chapter 3, Defense of Indigents, in determining indigence for the purpose of appointing legal counsel for a child in a delinquency proceeding, the court shall determine the financial ability of the child's parents to retain counsel for the child. If the court determines that the parents are able to retain counsel for the child but the parents refuse to retain counsel and the court appoints
Amend title to conform.
Rep. THOMAS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. THOMAS asked unanimous consent that the H. 4341 be read a third time tomorrow.
Rep. DAVENPORT objected.
On motion of Rep. ROGERS, with unanimous consent, the House stood in Silent Prayer for the recovery of former House employee, Reverend LeRoy Cain.
On motion of Rep. RICHARDSON, with unanimous consent, the following Bill was recalled from the Committee on Ways and Means and was referred to the Committee on Labor, Commerce and Industry.
H. 3326 -- Reps. Richardson, Baxley, Beatty, Stoddard, L. Whipper, Fair and Herdklotz: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 117 SO AS TO CREATE THE INDIVIDUAL MEDICAL ACCOUNT ACT ALLOWING A PERSON TO DEPOSIT FUNDS IN AN ACCOUNT ESTABLISHED AS A TRUST FOR THE PURPOSE OF PAYING THE MEDICAL, DENTAL, AND LONG-TERM CARE EXPENSES OF THE ACCOUNT HOLDER AND TO PROVIDE FOR THE DUTIES OF THE TRUSTEE, TO PROVIDE A TAX EXEMPTION ON INTEREST EARNED, AND TO PROVIDE FOR THE WITHDRAWAL OF FUNDS.
The motion period was dispensed with on motion of Rep. ROBINSON.
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