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Printed Page 2880, May 21
| Printed Page 2900, May 21
| "Section 56-5-1210. (A) The driver of any a vehicle involved in an accident resulting in injury to or the death of any a person shall immediately shall stop such the vehicle at the scene of such the accident or as close thereto to it as possible, but. He then shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 56-5-1230. Every such The stop shall must be made without obstructing traffic more than is necessary. Any A person who failing fails to stop or to comply with such the requirements under such circumstances shall of this section, is guilty of:
(1) a misdemeanor and, upon conviction, be punished by imprisonment for not less than thirty days nor more than one year or by a fine of not less than one hundred dollars nor more than five thousand dollars, or by both such fine and imprisonment. must be imprisoned not less than thirty days nor more than one year or fined not less than one hundred dollars nor more than five thousand dollars, or both, when injury results but great bodily injury or death does not result;
(2) a felony and, upon conviction, must be imprisoned not less than thirty days nor more than ten years and fined not less than five thousand dollars nor more than ten thousand dollars when great bodily injury results; or
(3) a felony and, upon conviction, must be imprisoned not less than one year nor more than twenty-five years and fined not less than ten thousand dollars nor more than twenty-five thousand dollars when death results.
(B) As used in this section, `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) The department shall revoke the driver's license of the person so convicted pursuant to this section."
SECTION 2. Section 56-5-1220 of the 1976 Code is amended to read:
"Section 56-5-1220. The driver of any a vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any a person shall immediately shall stop such the vehicle at the scene of such the accident or as close thereto to it as possible but shall forthwith return to and in every event shall remain at the scene of such the accident until he has fulfilled the requirements of Section 56-5-1230. Every such The stop shall must be made without obstructing traffic more than is
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 4774 -- Rep. Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-227 SO AS TO PROVIDE A METHOD FOR VALUING HOMEOWNERS' ASSOCIATION PROPERTY FOR AD VALOREM TAX PURPOSES; AND TO AMEND SECTION 12-43-230, RELATING TO THE DEFINITIONS OF CERTAIN TYPES OF PROPERTY FOR AD VALOREM TAX PURPOSES SO AS TO DEFINE HOMEOWNERS' ASSOCIATION PROPERTY.
Senator ROSE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments, carrying over all amendments to third reading.
The following Joint Resolution having been read the second time was ordered placed on the third reading Calendar:
S. 1421 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE ATHLETIC COMMISSION,
H. 3447 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 47-3-730 AND 47-3-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRAINT OF DANGEROUS ANIMALS AND PENALTIES, SO AS TO REVISE THE REQUIREMENTS OF RESTRAINT AND AUTHORIZE THE USE OF A SECURITY BOND IN THE REGISTRATION OF DANGEROUS ANIMALS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The Agriculture and Natural Resources Committee proposed the following amendment (PFM\9182AC.96), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 47-3-750 of the 1976 Code, as last amended by Act 374 of 1992, is further amended to read:
"Section 47-3-750. (A) If a law enforcement agent, animal control officer, or animal control officer under contract with a county or municipal government to provide animal control services has probable cause to believe that a dangerous animal is being harbored or cared for in violation of Section 47-3-720 or 47-3-740 or 47-3-760(E), he the agent or officer may petition the court having jurisdiction to order the seizure and impoundment of the dangerous animal while the trial is pending.
(B) If a law enforcement agent, animal control officer, or animal control officer under contract with a county or municipal government to provide animal control services has probable cause to believe that a dangerous animal is being harbored or housed in violation of Section 47-3-730, he the agent or officer may seize and impound the dangerous animal while the trial is pending."/
Amend further, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 47-3-760(B) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years;
(2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years."/
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 4431 -- Reps. Townsend, P. Harris, Huff, H. Brown, Cooper and Stille: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT AND WEIGHTINGS TO ESTABLISH COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO ADD A WEIGHTING FOR PUPILS WITH AUTISM.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The Education Committee proposed the following amendment (S-EDUC\4431.1), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 59-21-510 of the 1976 Code is amended by adding a new item to read:
" (11) `Pupils with autism' means pupils with a severe and chronic disorder that affects communication and behavior and which is manifested by a characteristic pattern of social, communication, and learning behaviors. Autism is a behaviorally defined syndrome; the essential features of which include disturbances of: developmental rates or
SECTION 2. The Department of Education shall convene a task force of special education directors, district administrators, and parents of pupils with autism to review district reports on program costs to serve students with autism and to recommend an appropriate weight for the Education Finance Act. The findings of the task force shall be reported by the Department of Education to the Ways and Means Committee and Education and Public Works Committee of the House and the Finance Committee and Education Committee of the Senate no later than December 1, 1996.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator GIESE, H. 4431 was ordered to receive a third reading on Wednesday, May 22, 1996.
H. 4782 -- Rep. Easterday: A BILL TO AMEND SECTION 37-5-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, DEBTORS' REMEDIES, AND CIVIL LIABILITY FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO PROVIDE THAT CERTAIN PROVISIONS OF THIS SUBSECTION SHALL NOT BE CONSTRUED TO IMPOSE CIVIL LIABILITY OR PENALTIES ON AN ARRANGER OF CREDIT WHEN DISCLOSURE CONSTITUTING A VIOLATION OF THE FEDERAL TRUTH IN LENDING ACT IS ACTUALLY COMMITTED BY ANOTHER PERSON AND THE ARRANGER OF THE CREDIT HAS NO KNOWLEDGE OF THE VIOLATION WHEN IT OCCURRED, AND TO REQUIRE THE CREDITOR TO PROVIDE A COPY OF THE FINAL CLOSING DOCUMENTS TO THE ARRANGER OF CREDIT; TO AMEND SECTION 40-58-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE PROVISIONS OF LAW ON THE REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO DEFINE "REGULAR BUSINESS HOURS", "SATELLITE OFFICE", AND "TABLE-FUNDED TRANSACTION", AND TO MAKE CERTAIN CHANGES TO THE DEFINITION OF "EXEMPT PERSON OR
Senator SALEEBY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator SALEEBY proposed the following amendment (4782EES.MLP#1), which was adopted:
Amend the bill, as and if amended, by striking Section 3 in its entirety.
Amend sections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 4382 -- Reps. Harrison, Herdklotz, J. Young, Jennings, Riser and Allison: A BILL TO AMEND SECTION 20-4-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDERS FOR PROTECTION FROM DOMESTIC ABUSE, SO AS TO CONFORM THE STATEMENT PERTAINING TO CRIMINAL VIOLATIONS REQUIRED IN SUCH AN ORDER TO AN INCREASE IN THE CRIMINAL PENALTY FOR THIS OFFENSE.
On motion of Senator HOLLAND, the Bill was carried over.
S. 1168 -- Senator Martin: A BILL TO AMEND SECTION 40-57-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTINUING EDUCATION FOR REAL ESTATE AGENTS, SO AS TO PROVIDE SIXTEEN HOURS OF MANDATORY CONTINUING EDUCATION FOR REAL ESTATE LICENSEES.
On motion of Senator MARTIN, the Bill was carried over.
H. 3740 -- Rep. Davenport: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE NAME AND TO ADD A
On motion of Senator LEVENTIS, the Bill was carried over.
H. 3116 -- Reps. Cato and Meacham: A BILL TO AMEND SECTION 50-21-850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAFETY REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO CHANGE THE REFERENCE TO SURFBOARD TO KNEEBOARD, PROVIDE FOR THE REQUIREMENTS TO APPLY TO PERSONS BEING TOWED BY A MOTORIZED WATERCRAFT, CLARIFY THE DEFINITION OF PERSONAL FLOTATION DEVICE REQUIREMENTS, AND EXEMPT SURFBOARDERS.
On motion of Senator PEELER, the Bill was carried over.
H. 4277 -- Reps. Walker, Baxley and Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-85 SO AS TO INCLUDE IN UNLAWFUL EMPLOYMENT PRACTICES THE CONDUCTING OF MEDICAL EXAMINATIONS AND INQUIRIES AND TO PROVIDE CONDITIONS UNDER WHICH THEY MAY BE CONDUCTED; TO AMEND SECTIONS 1-13-20, 1-13-30, AS AMENDED, 1-13-70, 1-13-80, AS AMENDED, 1-13-90, AND 1-13-100, RELATING TO THE STATE HUMAN AFFAIRS COMMISSION AND UNLAWFUL EMPLOYMENT PRACTICES AND THE PROHIBITION AGAINST DISCRIMINATION IN EMPLOYMENT BASED ON RACE, RELIGION, COLOR, SEX, NATIONAL ORIGIN, AND AGE, SO AS TO ALSO PROHIBIT DISCRIMINATION BASED ON DISABILITY AND TO DEFINE "DISABILITY" AND TO FURTHER PROVIDE HOW DISCRIMINATION BASED ON A DISABILITY IS AN UNLAWFUL EMPLOYMENT PRACTICE; TO AMEND SECTIONS 43-33-520, 43-33-530, 43-33-560, AND 43-33-570, RELATING TO THE BILL OF RIGHTS FOR HANDICAPPED PERSONS, SO AS TO DELETE PROVISIONS RELATING TO EMPLOYMENT; TO REPEAL SECTION 43-33-550 RELATING TO THE JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION OVER COMPLAINTS OF EMPLOYMENT DISCRIMINATION; AND TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS
On motion of Senator PEELER, the Bill was carried over.
H. 4526 -- Reps. Wilkins, Sharpe, H. Brown, Harrison, Sheheen, Jennings, Martin, Cato, Cromer, Wright, Hodges and Spearman: A BILL TO AMEND SECTION 10-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF UNAUTHORIZED ENTRY INTO THE CAPITOL BUILDING, SO AS TO MAKE THE CRIME APPLY TO ANY OTHER BUILDING IN WHICH THE GENERAL ASSEMBLY IS MEETING.
On motion of Senator McCONNELL, the Bill was carried over.
At 12:30 P.M., Senator DRUMMOND moved that a call of the Senate be made. The following Senators answered the call:
Alexander Boan Bryan Cork Courson Courtney Drummond Fair Ford Giese Gregory Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Richter Rose Ryberg Saleeby Setzler Smith, G. Smith, J.V. Thomas Waldrep Washington WilsonA quorum being present, the Senate resumed.
Senators GLOVER and RUSSELL recorded their presence subsequent to the Call of the Senate.
Senator DRUMMOND, Chairman of the Committee of Conference, on H. 4600, the General Appropriation Bill, was recognized to report to the Senate regarding the work of the Committee of Conference.
Senator DRUMMOND asked unanimous consent to take up H. 4425 for immediate consideration.
There was no objection.
H. 4425 -- Ways and Means Committee: A JOINT RESOLUTION MAKING APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of the amendment proposed by the Committee on Finance.
On motion of Senator DRUMMOND, with unanimous consent, the amendment (JIC\5291HTC.96) proposed by the Committee on Finance was laid on the table.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. From fiscal year 1994-95 surplus revenues, the following sums are appropriated in order of priority from the general fund of the State for the purposes stated:
1. State House Renovation. . . . .$13,000,000
2. Department of Commerce
Advisory Coordinating Council
for Economic Development. . . . .30,000,000
3. Budget and Control Board
Local Government Fund. . . . .6,588,619
4. Department of Juvenile Justice
Renovations. . . . .14,000,000
5. Parks, Recreation and Tourism
Palmetto Trails. . . . .300,000
6. House of Representatives -
Subsistence. . . . .500,000
7. Senate - Operating Expenses. . . . .611,762
Printed Page 2880, May 21
| Printed Page 2900, May 21
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