Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God eternal, amid all the voices of this vast and varied world, save us from the supreme tragedy of missing Your call. We confess that in the conceit of our self-sufficiency, too often we have turned in our burning thirst to broken cisterns of worldly wisdom and our own sophisticated cleverness. Without You, Lord, we can know no good ambitions, no discontent with things as they are. Give us, then, Your guidance to go forth, sowing Your seed and putting our hands to the plow which furrows the field of goodwill and brotherhood.
Lord, in Your mercy, hear our prayer. 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. CROMER moved that when the House adjourns, it adjourn in memory of Walter "Hal" Freeman of Columbia, which was agreed to.
The following were received and referred to the appropriate committees for consideration.
Document No. 2161
Promulgated By Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-61-150; 44-78-65; and Act 263 of 1996
Emergency Medical Services
Received By Speaker February 18, 1997
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date June 18, 1997
(Subject to Sine Die Revision)
Document No. 2164
Promulgated By Board of Education
Statutory Authority: 1976 Code Section 59-5-60 and 59-40-10, et seq.
43-600. Charter Schools Regulation
Received By Speaker February 18, 1997
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date June 18, 1997
(Subject to Sine Die Revision)
The following was received.
Columbia, S.C., February 18, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 199:
S. 199 -- Senators Holland, Courson and Giese: A CONCURRENT RESOLUTION TO EXTEND UNTIL MAY 1, 1997, THE TIME IN WHICH THE STUDY COMMITTEE ESTABLISHED TO FORMULATE RECOMMENDATIONS CONCERNING THE MAGISTERIAL SYSTEM IN SOUTH CAROLINA HAS TO PRESENT ITS REPORT TO THE GENERAL ASSEMBLY, AND TO EXPAND THE MEMBERSHIP OF THIS COMMITTEE.
Very respectfully,
President
Received as information.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3287 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 38-43-105 AND 38-43-106, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS
TO EXEMPT FROM THESE REQUIREMENTS AGENTS WHO SELL PREPAID LEGAL INSURANCE.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3299 -- Rep. Sharpe: A BILL TO AMEND SECTION 38-75-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION THAT INSURANCE CONTRACTS FOR LEGAL SERVICES MUST PROVIDE THE RIGHT OF AN ATTORNEY OF CHOICE, SO AS TO CHANGE "A CONTRACTUAL OBLIGATION FOR LEGAL SERVICES" TO "A CONTRACTUAL OBLIGATION FOR REIMBURSEMENT OF LEGAL SERVICES".
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3342 -- Reps. Sandifer, Cotty, Fleming, Cato, Trotter, Cooper, Robinson, Rice, Barrett, Martin and Klauber: A BILL TO AMEND SECTION 33-19-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SHARES BY A PROFESSIONAL CORPORATION, SO AS TO ALLOW FOR ISSUANCE OF SHARES TO AN EMPLOYEE NOT LICENSED TO PRACTICE THE PROFESSIONAL SERVICES OF THE CORPORATION UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3233 -- Rep. Cromer: A BILL TO AMEND ARTICLE 17, CHAPTER 13 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPLANATIONS OF PROPOSED CONSTITUTIONAL AMENDMENTS, SO AS TO INCLUDE PROCEDURES FOR EXPLANATIONS OF STATE AND LOCAL REFERENDUM QUESTIONS WHEN DEEMED NECESSARY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3317 -- Reps. Bailey, Young-Brickell, Allison, Altman, Askins, Barfield, Barrett, Battle, Bauer, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Carnell, Cato, Chellis, Cobb-Hunter, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, Hinson, Inabinett, Jordan, Keegan, Kennedy, Kinon, Kirsh, Klauber, Knotts, Lanford, Law, Leach, Limehouse, Littlejohn, Lloyd, Maddox, Martin, Mason, McCraw, McLeod, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Webb, Whatley, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-405 SO AS TO PROVIDE REIMBURSEMENT TO A MUNICIPALITY OR OTHER GOVERNMENTAL ENTITY FOR COSTS EXPENDED ON A LAW ENFORCEMENT OFFICER ATTENDING THE MANDATORY TRAINING PROGRAM REQUIRED PURSUANT TO THE PROVISIONS OF CHAPTER 6, TITLE 23.
Ordered for consideration tomorrow.
The following was introduced:
H. 3473 -- Reps. Felder, Vaughn, Carnell, Kinon, Lanford, Allison, Harvin, McKay, Kennedy, Neilson, Cobb-Hunter, Koon, Robinson, Cooper, Young-Brickell, H. Brown, R. Smith, Harrell, Kelley, Boan and Riser: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ALLOW AN OPTION UNDER THE MEDICAID PROGRAM PERMITTING CONTINUED MEDICAID COVERAGE FOR PERIODS OF AT LEAST A YEAR AFTER A SEVERELY DISABLED SSI RECIPIENT GAINS COMPETITIVE EMPLOYMENT AND LOSES SSI ELIGIBILITY AS A RESULT OF THE FORMER RECIPIENT'S EARNINGS LEVEL AND TO FURTHER MEMORIALIZE CONGRESS TO ALLOW THIS STATE TO CREATE A DEMONSTRATION PROJECT ALLOWING THE PURCHASE OF MEDICAID COVERAGE THROUGH A SLIDING PREMIUM SCALE BASED ON INCOME FOR PERSONS WITH SEVERE DISABILITIES WHO ARE COMPETITIVELY EMPLOYED BUT WITHOUT ACCESS TO EMPLOYER PROVIDED HEALTH INSURANCE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 384 -- Senators Rose, McConnell, Matthews, Mescher, Williams, Ravenel and Washington: A CONCURRENT RESOLUTION TO RECOGNIZE DORCHESTER COUNTY ON THE OCCASION OF ITS CENTENNIAL CELEBRATION ON TUESDAY, FEBRUARY 25, 1997.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 393 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MARY ETHEL "GRANDMA" HAIGLER OF CHARLOTTE AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3474 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PROFESSIONAL DEVELOPMENT OPPORTUNITIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1985, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3475 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ANNUAL BUDGET DEADLINES AND SCHEDULES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1991, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3476 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STATE AID (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1992, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3477 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCOUNTING AND REPORTING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1993, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3478 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FINANCIAL REPORTS AND STATEMENTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1994, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3479 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCOUNTING AND REPORTING INVENTORIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1995, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3480 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO AUDITS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1996, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3481 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PERSONNEL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2004, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3482 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE DISBURSEMENT OF FUNDS FOR TRAINABLE AND MENTALLY HANDICAPPED STUDENTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2014, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3483 -- Reps. Wilder, Inabinett, Neal, Carnell, Maddox and McMaster: A BILL TO AMEND SECTION 61-6-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF APPLICATION FOR BEER OR WINE PERMITS AND ALCOHOLIC LIQUOR LICENSES, SO AS TO REVISE THE NEWSPAPER NOTICE AND NOTICE POSTING REQUIREMENTS.
Referred to Committee on Judiciary.
H. 3484 -- Reps. Fleming, Knotts, Littlejohn, Limehouse, Koon and Riser: A BILL TO AMEND CHAPTER 36, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES AND USE TAX, BY ADDING ARTICLE 10 SO AS TO ENACT THE PROPERTY TAX RELIEF SALES TAX ACT WHICH IMPOSES AN ADDITIONAL FOUR PERCENT SALES TAX BEGINNING JULY 1, 1997, TO BE USED TO RETIRE BONDED INDEBTEDNESS AND LEASE-PURCHASE OBLIGATIONS AND FOR CERTAIN AD VALOREM PROPERTY TAX RELIEF; TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO THE MAXIMUM SALES TAX ON ANY TRANSACTION, SO AS TO REVISE THIS MAXIMUM TAX; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE CERTAIN EXEMPTIONS, REVISE OTHER EXEMPTIONS, AND ADD EXEMPTIONS INCLUDING AN EXEMPTION FOR FOOD PURCHASED LAWFULLY WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD STAMPS; AND TO REPEAL SECTIONS 11-11-330 AND 12-37-251 RELATING TO THE STATE PROPERTY TAX RELIEF FUND AND CHAPTER 10 OF TITLE 4 RELATING TO THE LOCAL SALES AND USE TAX.
Referred to Committee on Ways and Means.
H. 3485 -- Reps. Fleming, J. Hines, Inabinett, Lloyd, Chellis, Stille, Hawkins, Sandifer, Webb, Rhoad, Tripp, Riser, Wilkes and Mack: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-522 SO AS TO PROVIDE THAT DESTROYING A MAIL BOX IS A FELONY, AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary.
H. 3486 -- Reps. Fleming, Inabinett, Clyburn, Klauber, Cotty and McMaster: A BILL TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENT OF A MAGISTRATE'S CIVIL JURISDICTION, AND SECTION 22-3-30, RELATING TO COUNTERCLAIMS IN MAGISTRATE'S COURT, SO AS TO LIMIT A MAGISTRATE'S CIVIL JURISDICTION TO A COUNTERCLAIM INVOLVING A SUM NOT TO EXCEED FIVE THOUSAND DOLLARS.
Rep. FLEMING asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. SCOTT objected.
Referred to Committee on Judiciary.
H. 3487 -- Reps. Fleming, Inabinett and Tripp: A BILL TO REPEAL SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE GAMBLING OFFENSES OF OPERATION OF COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE.
Referred to Committee on Ways and Means.
H. 3488 -- Reps. Fleming, McKay, Sandifer, Limbaugh and Tripp: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO DELETE THE ROLLBACK TAX AND TO IMPOSE A CHANGE OF USE PENALTY IN THE AMOUNT OF TWENTY-FIVE DOLLARS WHEN REAL PROPERTY IS CHANGED FROM AGRICULTURAL USE.
Referred to Committee on Ways and Means.
H. 3489 -- Reps. Fleming, M. Hines, Neilson, Inabinett, Meacham, Neal, Sandifer, Chellis, Jordan, Cave, Parks, Clyburn, Moody-Lawrence, Littlejohn, Lloyd, Tripp, Rhoad, McKay, Walker, Riser and Mack: A BILL TO AMEND ARTICLE 17, CHAPTER 3, TITLE 56, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR DISABLED PERSONS, SO AS TO FURTHER PROVIDE FOR THE PROVISION AND USE OF SPECIAL LICENSE PLATES AND PLACARDS FOR DISABLED PERSONS, TO PROVIDE SPECIFICATIONS FOR ACCESSIBLE PARKING SPACES FOR DISABLED PERSONS, TO PROVIDE PENALTIES FOR MISUSE OF SPECIAL LICENSE PLATES AND PLACARDS FOR DISABLED PERSONS AND FOR THE DISTRIBUTION OF FEES COLLECTED FOR VIOLATIONS OF THIS PROVISION; AND TO REPEAL ARTICLE 18, CHAPTER 3, TITLE 56, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS.
Referred to Committee on Education and Public Works.
H. 3490 -- Reps. Fleming, Neilson, G. Brown, Simrill, Neal, F. Smith, Knotts, Hawkins, Inabinett, Sandifer, Wilder, Easterday, Young, Woodrum, Walker, Stille, Allison, Littlejohn, Lloyd, Haskins, Hamilton, Young-Brickell, Gamble, Moody-Lawrence, Tripp, Klauber, Koon, Meacham, Mack, Harvin and Whipper: A BILL TO AMEND SECTION 51-23-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRANT FUNDS FOR PARKS AND RECREATION FACILITIES, SO AS TO ALLOW UNSPENT GRANT FUNDS TO BE CARRIED FORWARD FOR TEN YEARS INSTEAD OF THREE YEARS.
Referred to Committee on Ways and Means.
H. 3491 -- Reps. Fleming, G. Brown, Inabinett, Lloyd, M. Hines, Clyburn, J. Hines and Mack: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-5-98 SO AS TO PROVIDE THAT A PERSON ENROLLED FULL TIME IN AN INSTITUTION OF HIGHER EDUCATION IS ELIGIBLE TO RECEIVE FOOD STAMPS IF THE PERSON IS ELIGIBLE OTHERWISE, IS RECEIVING AID TO FAMILIES WITH DEPENDENT CHILDREN, AND IS MAINTAINING A "C" AVERAGE OR BETTER.
Referred to Committee on Ways and Means.
H. 3492 -- Reps. Fleming, M. Hines, Inabinett, Lloyd, Clyburn, J. Hines, Moody-Lawrence, Neal and Tripp: A BILL TO AMEND SECTION 40-7-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS NECESSARY FOR PERSONS PREVIOUSLY LICENSED TO PRACTICE BARBERING IN ANOTHER JURISDICTION TO BE REGISTERED IN THIS STATE, SO AS TO REDUCE THE MINIMUM TIME THE PERSON MUST HAVE BEEN LICENSED AND ACTIVELY PRACTICING BARBERING IN THE OTHER JURISDICTION FROM TWO YEARS TO ONE YEAR.
Referred to Committee on Labor, Commerce and Industry.
H. 3493 -- Reps. Fleming, Knotts, Cotty, Stille, Cooper, Sandifer, Cromer, Jordan and Haskins: A BILL TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFISCATION, FORFEITURE, AND DISPOSITION OF VEHICLES DRIVEN BY PERSONS CONVICTED OF FOUR OR MORE VIOLATIONS OF THE DRIVING UNDER THE INFLUENCE OR DRIVING UNDER SUSPENSION PROVISIONS, SO AS TO REVISE THE NUMBER OF CONVICTIONS THAT RESULT IN THE CONFISCATION AND FORFEITURE OF A VEHICLE.
Referred to Committee on Judiciary.
H. 3494 -- Reps. Kirsh, Simrill and Meacham: A BILL TO AMEND SECTION 13-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE DEPARTMENT OF COMMERCE, SO AS TO ABOLISH THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY AND TO TRANSFER ITS FUNCTIONS, POWERS, DUTIES, AND ASSETS TO THE DEPARTMENT; TO AMEND SECTION 13-1-20, RELATING TO THE PURPOSES OF THE DEPARTMENT OF COMMERCE, SO AS TO INCLUDE FUNCTIONS AND DUTIES FORMERLY OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY; TO AMEND SECTIONS 13-1-320, 13-1-340, AND 13-1-350, RELATING TO THE OBJECTIVES, POWERS, AND DUTIES OF THE DIVISION OF DEVELOPMENT OF THE DEPARTMENT OF COMMERCE, SO AS TO INCLUDE THE OBJECTIVES, POWERS, AND DUTIES FORMERLY OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY; AND TO REPEAL SECTIONS 41-43-10 THROUGH 41-43-290 RELATING TO THE CREATION AND EMPOWERMENT OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY.
Referred to Committee on Labor, Commerce and Industry.
S. 56 -- Senator Wilson: A BILL TO PROVIDE THAT "REGISTER OF MESNE CONVEYANCES" SHALL MEAN "REGISTER OF LAND CONVEYANCES" FOR PURPOSES OF THE LAWS OF THIS STATE, AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THESE REFERENCES.
Referred to Committee on Judiciary.
S. 224 -- Senator Holland: A BILL TO AMEND SECTION 7-17-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEARING OF APPEALS BY THE STATE BOARD OF CANVASSERS, SO AS TO PROVIDE THAT THE BOARD SHALL MEET NOT LATER THAN NOON ON MONDAY TWO WEEKS FOLLOWING THE FILING OF ANY NOTICE PERFECTED UNDER SECTION 7-17-70 FOR THE PURPOSE OF HEARING APPEALS.
Referred to Committee on Judiciary.
S. 226 -- Senator Bryan: A BILL TO AMEND SECTION 22-5-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROVIDE THAT A PERSON MAY HAVE HIS RECORD EXPUNGED EVEN THOUGH THE CONVICTION OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
Referred to Committee on Judiciary.
On motion of Rep. MEACHAM, with unanimous consent, the following was taken up for immediate consideration:
H. 3495 -- Reps. Meacham, Kirsh, Simrill, Moody-Lawrence, McCraw and Delleney: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 25, 1997, "YORK COUNTY DAY".
Whereas, the population of York County has grown more than twenty percent during the past ten years and has increased more than fifty percent during the past twenty years to a current total of 143,800; and
Whereas, York County job creation ranked third in the State for 1996 with 2,154 new jobs; and
Whereas, the county's total estimated property valuation exceeded $7.5 billion dollars last year; and
Whereas, York County expects to announce over $100 million dollars in new industry investment for the first quarter of 1997; and
Whereas, gross retail sales in York County have doubled since 1987 and increased more than eleven percent during the past year to an estimated $2.2 billion dollars; and
Whereas, a total of fifty-three companies, some nationally known, announced plans to locate or expand in York County in 1996, providing a total capital investment of more than $206 million dollars; and
Whereas, accommodations tax collections increased nineteen percent in 1996. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly recognize York County for its many accomplishments and declare February 25, 1997, "York County Day".
Be it further resolved that a copy of this resolution be forwarded to
each of the six chambers of commerce in York County.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Askins Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cromer Dantzler Davenport Delleney Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin McCraw McKay McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, February 19.
Richard M. Quinn, Jr. Joe McMaster George H. Bailey Bill Cotty Rudolph M. Mason Marion H. Kinon Michael E. Easterday Ralph W. Canty
DOCTOR OF THE DAY
Announcement was made that Dr. C. Tucker Weston of Columbia is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3239 -- Reps. Walker, Littlejohn, Sharpe, Hawkins, Haskins, D. Smith, Allison, Davenport, Gamble, Cato, McCraw, Townsend and Wilkins: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 69 SO AS TO ENACT THE "SOUTH CAROLINA MOLD LIEN AND RETENTION ACT", AND PROVIDE FOR THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.
H. 3139 -- Reps. Wilkins, Meacham, Knotts and Robinson: A BILL TO AMEND SECTION 20-7-766, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENCY PLANNING FOR CHILDREN IN FOSTER CARE, SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES TO CONDUCT ADOPTION ASSESSMENTS AND CHILD-SPECIFIC RECRUITING FOR POTENTIAL ADOPTIVE FAMILIES AND TO REVISE VARIOUS DISPOSITION CRITERIA FOR CERTAIN CHILDREN IN FOSTER CARE; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATING PARENTAL RIGHTS, SO AS TO ADD ABANDONMENT OF A CHILD; AND TO AMEND SECTION 20-7-1574, AS AMENDED, RELATING TO COURT ORDERS TERMINATING PARENTAL RIGHTS, SO AS TO DECREASE THE TIME WITHIN WHICH AN AGENCY HAS TO DEVELOP AND SUBMIT A PLAN FOR PERMANENT PLACEMENT OF A CHILD WHOSE PARENTAL RIGHTS HAVE BEEN TERMINATED.
H. 3282 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Sharpe and Townsend: A BILL RATIFYING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENT THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.
H. 3161 -- Reps. Townsend, Cooper, Walker and Haskins: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A BEGINNER'S PERMIT, SO AS TO PROVIDE THAT A PERSON MUST HOLD A BEGINNER'S PERMIT FOR AT LEAST NINETY DAYS BEFORE HE MAY BE ISSUED A DRIVER'S LICENSE OR A RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO REQUIRE THAT A PERSON MUST HOLD A BEGINNER'S PERMIT FOR AT LEAST NINETY DAYS BEFORE HE MAY BE ISSUED A DRIVER'S LICENSE OR A RESTRICTED DRIVER'S LICENSE.
H. 3425 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PRINCIPAL APPRENTICESHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1983, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN explained the Joint Resolution.
H. 3426 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO AUDIOVISUAL LIBRARY SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1998, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3427 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO INSTRUCTIONAL PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2017, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3431 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO STUDENT TRANSPORTATION MANAGEMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2000, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3432 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO BUS CONDUCT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2001, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3433 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO STUDENT TRANSPORTATION RECORDS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2002, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3434 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PUBLIC SCHOOL EMPLOYEE COST SAVINGS PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2007, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN explained the Joint Resolution.
H. 3435 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO INTERSCHOLASTIC ATHLETICS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2016, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3436 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO TEXTBOOK SELECTION AND ADOPTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2018, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3437 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ENSURE THAT SCHOOL DISTRICTS RECRUIT AND HIRE PERSONNEL FOR EIA IMPLEMENTATION ON THE BASIS OF MERIT AND QUALIFICATIONS; TO ENSURE FAIR AND EQUAL TREATMENT FOR MINORITIES; AND CORRECTIVE ACTION FOR NON-COMPLIANCE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2005, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN explained the Joint Resolution.
The following Joint Resolution was taken up.
H. 3459 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FOOD STAMP PROGRAM ELECTRONIC BENEFITS TRANSFER, DESIGNATED AS REGULATION DOCUMENT NUMBER 2101, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. CAVE explained the Joint Resolution.
Rep. T. BROWN made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 3467 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO SPECIFIC INFORMATION SERVICE SIGNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2045, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND explained the Joint Resolution.
Rep. KNOTTS made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Upon the withdrawal of request for debate by Rep. T. BROWN, with unanimous consent, the following Bill was taken up.
H. 3235 -- Reps. D. Smith, Cromer, Knotts, Maddox, Young, Limbaugh, Scott, Cotty, McMaster, Klauber, Jennings, Baxley, Fleming, Govan, Altman, Delleney, Hodges, Campsen, Harrison and Simrill: A BILL TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF RETIRED JUSTICES OR JUDGES TO BE APPOINTED TO SERVE IN COURTS OF THIS STATE, SO AS TO PROVIDE THAT THESE JUSTICES OR JUDGES MUST BE FOUND QUALIFIED TO SERVE BY THE JUDICIAL MERIT SELECTION COMMISSION WITHIN FOUR YEARS RATHER THAN TWO YEARS OF THEIR DATE OF APPOINTMENT TO SERVE; AND TO AMEND SECTION 2-19-110, RELATING TO THE ELIGIBILITY OF PERSONS TO BE APPOINTED AS MASTER-IN-EQUITY AFTER REVIEW BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REVISE THE APPOINTMENT PROCEDURE.
Rep. WILKINS proposed the following Amendment No. 3 (Doc Name P:\AMEND\GJK\20139SD.97), which was adopted.
Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered to read:
/SECTION ___. Section 9-8-120(4) of the 1976 Code, as last amended by Section 5, Act 610 of 1990, is further amended to read:
"(4) A justice or judge drawing retirement compensation who engages in the practice of law may not serve as a justice or judge in any court in this State. Within thirty days of his retirement under this chapter, a retired judge or justice shall make an irrevocable election as to whether he wishes to engage in the practice of law or be eligible for appointment by the Chief Justice as a judge or justice in the courts of this State. If his election is to engage in the practice of law, it is irrevocable and he may not thereafter be appointed by the Chief Justice to serve as a justice or judge in the courts of this State. If his election is to be eligible for appointment to serve as a justice or judge in the courts of this State and not to practice law, he may at any time thereafter change such election and decide to engage in the practice of law, at which point his decision becomes irrevocable." /
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS 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. TOWNSEND, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works.
S. 347 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON AUGUST 15 AND 16, 1996, BY THE STUDENTS OF CERTAIN SCHOOLS OF THE SCHOOL DISTRICT OF OCONEE COUNTY DUE TO INCOMPLETE SCHOOL RENOVATIONS, AND THE SCHOOL DAY MISSED ON AUGUST 15, 1996, BY THE STUDENTS OF CERTAIN OTHER SCHOOLS OF THE SCHOOL DISTRICT OF OCONEE COUNTY FOR SCHOOL YEAR 1996-97 DUE TO A TRAIN DERAILMENT WHICH REQUIRED THE EVACUATION OF THESE SCHOOLS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Rep. FLEMING asked unanimous consent to recall H. 3486 from the Committee on Judiciary.
Rep. T. BROWN objected.
The motion period was dispensed with on motion of Rep. CATO.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, immediate cloture having been ordered.
H. 3089 -- Reps. D. Smith, Hodges, Cobb-Hunter, Byrd, Cotty, Jennings, Clyburn, Delleney, Young, Maddox, Allison, Leach, Limbaugh, Klauber, Knotts, Felder, Stille, Seithel, Bailey, Walker, Wilkes, Kinon, Stuart, Battle, Harrison and J. Smith: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS OF THE SAFETY BELT LAW, SO AS TO INCREASE THE PENALTIES FROM TEN TO TWENTY-FIVE DOLLARS FOR A VIOLATION AND FROM TWENTY TO FIFTY DOLLARS FOR EACH INCIDENT AND TO DELETE THE PROVISION PROHIBITING A LAW ENFORCEMENT OFFICER FROM STOPPING A DRIVER FOR A VIOLATION IN THE ABSENCE OF A VIOLATION OF ANOTHER MOTOR VEHICLE LAW.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 13, by the Committee on Judiciary.
Rep. JENNINGS explained the amendment.
The amendment was then rejected by a division vote of 43 to 61.
Rep. HASKINS moved to recommit the Bill.
Rep. BAILEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Barfield Barrett Bauer Baxley Bowers Breeland Brown, G. Canty Cato Cave Chellis Clyburn Cooper Dantzler Edge Fleming Gourdine Hamilton Haskins Hawkins Hines, J. Hines, M. Hinson Inabinett Kelley Kennedy Kirsh Knotts Lanford Law Lee Lloyd Loftis Mack Meacham Moody-Lawrence Neal Parks Pinckney Quinn Rhoad Robinson Sandifer Scott Sharpe Simrill Smith, F. Smith, R. Stoddard Townsend Tripp Trotter Vaughn Webb Whipper Young-Brickell
Those who voted in the negative are:
Allison Altman Battle Beck Boan Brown, J. Brown, T. Byrd Campsen Carnell Cobb-Hunter Cotty Cromer Davenport Delleney Felder Gamble Harrell Harrison Harvin Hodges Jennings Jordan Keegan Kinon Klauber Koon Leach Limbaugh Limehouse Littlejohn Maddox Martin Mason McCraw McKay McLeod McMaster Miller Mullen Neilson Phillips Rice Riser Rodgers Seithel Sheheen Smith, D. Smith, J. Spearman Stille Stuart Walker Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young
So, the House refused to recommit the Bill.
Rep. FLEMING proposed the following Amendment No. 2 (Doc Name P:\AMEND\GJK\20067AC.97), which was tabled.
Amend the committee report, as and if amended, on page 3089-1, beginning on line 31, by deleting /twenty-five/ and inserting /five hundred/; on line 34 by deleting /fifty/ and inserting /one thousand/; and on page 3089-2 by deleting lines 6-8 and inserting:
/(C) violation of this article does not constitute negligence per se or contributory negligence and is not admissible as evidence in a civil action./
Renumber sections to conform.
Amend title to conform.
Rep. FLEMING explained the amendment.
Rep. COTTY moved to table the amendment, which was agreed to by a division vote of 91 to 12.
Rep. J. BROWN proposed the following Amendment No. 3 (Doc Name P:\AMEND\PSD\7068AC.97 AMEND H. 3089-SCHOOL BUS SEATBELTS), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/Section 1. The 1976 Code is amended by adding:
"Section 59-67-95. Every school bus must be equipped with safety belts for use by each person riding the bus. The safety belts must be of a design to provide a lap belt for pelvic restraint or a should harness to restrain upper torso movement.
The State Department of Education shall promulgate regulations on the type and specification of these safety belts to be installed on school buses."
SECTION 2. Item 3 of Section 56-5-6530 of the 1976 Code is amended to read:
"(3) school, church, or day care buses;"/
Renumber sections to conform.
Amend title to conform.
Rep. J. BROWN moved to table the amendment, which was agreed to.
Rep. HASKINS proposed the following Amendment No. 4 (Doc Name P:\AMEND\PSD\7053ac.97), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ Section . Notwithstanding any other provision of law, it is unlawful to use, smoke, or chew any form of a tobacco product. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. HASKINS moved to table the amendment, which was agreed to.
Rep. HASKINS proposed the following Amendment No. 5 (Doc Name P:\AMEND\PSD\7055AC.97), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/Section . Notwithstanding any other provision of law it is unlawful to ingest alcoholic beverages, including but not limited to, beer, wine, and alcoholic liquors./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HASKINS moved to table the amendment, which was agreed to.
Rep. HASKINS proposed the following Amendment No. 6 (Doc Name P:\AMEND\PSD\7054AC.97), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ Section . Notwithstanding any other provision of law, it is unlawful to operate fast food restaurants in this State. /
Renumber sections to conform.
Amend title to conform.
Rep. HASKINS moved to table the amendment, which was agreed to.
Rep. HASKINS proposed the following Amendment No. 7 (Doc Name P:\AMEND\PSD\7056AC.97), which was adopted.
Amend the bill, as and if amended, page 3089-1, beginning on line 31 by deleting /ten twenty-five / and inserting /ten/ and on line 34 by deleting /twenty fifty/ and inserting /twenty/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. HASKINS explained the amendment.
Rep. COTTY moved to table the amendment, which was not agreed to by a division vote of 32 to 70.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. HASKINS proposed the following Amendment No. 8 (Doc Name P:\AMEND\GJK\20065AC.97), which was ruled out of order.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-5-1520 of the 1976 Code, as last amended by Part II, Section 36R, Act 497 of 1994, is further amended to read:
"Section 56-5-1520. (a) General rule. No(A) A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event Speed must be so controlled as may be necessary to avoid colliding with any a person, vehicle, or other
conveyance on or entering the highway in compliance with legal requirements and the duty of all persons a person to use care.
(b) Maximum speed limits.(B) Except when a special hazard exists that requires lower speed for compliance with paragraph (a) of this section subsection (A), the limits specified in this section or established as hereinafter authorized are maximum lawful speeds, and no a person shall not drive a vehicle on a highway at a speed in excess of these maximum limits:
(1) thirty miles an hour in any urban district; seventy miles an hour on the interstate highway system and other freeways where official signs giving notice of this speed limit are posted;
(2) sixty miles an hour on multilane divided primary highways where official signs giving notice of this speed limit are posted; and
(3) fifty-five miles an hour in other locations or on other sections of highways except where speeds above fifty-five miles an hour are otherwise provided by Section 56-5-1510.
(C) Thirty miles an hour is the maximum speed in an urban district and unpaved roads be limited to the speed of forty-five miles per hour. 'Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.
(D) The maximum speed limits set forth in this section may be altered as authorized in pursuant to Sections 56-5-1530 and 56-5-1540.
(c) When lower speeds required; penalties; citation for violating speed limits.
(E) The driver of every a vehicle shall drive, consistent with the requirements of paragraph (a) subsection (A), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(d) Any(F) A person violating the speed limits established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:
(1) in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than fifteen dollars nor more than twenty-five dollars;
(2) in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five dollars nor more than fifty dollars;
(3) in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and
(4) in excess of twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
(e)(G) Any A citation for violating the speed limits issued by any authorized officer must note on it the rate of speed for which the citation is issued.
(f)(H) In expending the funds credited to the state general fund from fines generated under subsection (d) (F), the department first shall consider the need for additional highway patrolmen."
SECTION 2. Section 56-5-1535 of the 1976 Code, as added by Act 409 of 1994, is amended to read:
"Section 56-5-1535. (A) It is unlawful for a person to drive a motor vehicle in a highway work zone at a speed in excess of the speed limit set and posted by signs. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than seventy-five nor more than two hundred dollars or imprisoned not more than thirty days, or both.
(B) A 'highway work zone' is the area between the first sign that informs motorists of the existence of the work zone on the highway and the last sign that informs motorists of the end of the work zone.
(C) The penalty imposed by this section applies only:
(1) if a sign is posted at the beginning of the active work zone that states "HIGHWAY 'WORK ZONE - NO SPEEDING - TWO HUNDRED DOLLAR $200 FINE AND THIRTY 30 DAYS IMPRISONMENT FOR SPEEDING'";
(2) to the area between the posted sign and the 'END CONSTRUCTION' sign. Signs may be posted at the discretion of the Department of Transportation in the highway work zones designed to comply with work zone traffic control standards contained in the Manual on Uniform Traffic Control Devices published by the Federal Highway Administration.
(D) The penalty imposed pursuant to subsection (C) is in addition to all other penalties prescribed for exceeding the lawful speed limit."
SECTION 3. Section 56-5-1540(a)(2) of the 1976 Code is amended to read:
"(2) increases the limit within an urban district but not to more than fifty-five seventy miles an hour, except that speed limits above fifty-five miles an hour are required when stipulated by Section 56-5-1510; or"
SECTION 4. The 1976 Code is amended by adding:
"Section 56-5-616. The interstate highway system consists of the segments of highways in South Carolina in the officially designated national system of interstate and defense highways."
SECTION 5. The 1976 Code is amended by adding:
"Section 56-5-617. The state highway primary system consists of a connected system of principal state highways, not to exceed ten thousand miles, connecting centers of population, determined by the Commission of the Department of Transportation."
SECTION 6. The 1976 Code is amended by adding:
"Section 57-3-175. Notwithstanding any other provision of law, a person moving or hauling a mobile home on the state's interstate highways shall travel at a maximum speed of not more than ten miles an hour below the posted speed limit."
SECTION 7. Section 56-5-1510 of the 1976 Code is repealed.
SECTION 8. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HASKINS explained the amendment.
Rep. SCOTT raised a Point of Order that Amendment No. 8 was not germane to the Bill.
Rep. HASKINS argued contra in that in the title of the Bill, the speed limit and seat belt provisions were all in Title 56, Chapter 5 of the Code relating to highway safety and specifically deals with motor vehicle laws.
SPEAKER WILKINS stated that the amendment would rewrite the Bill and as rewritten would not be germane to the original title of the Bill as it would only raise the speed limit and not affect seat belts and sustained the Point of Order and ruled the amendment out of order.
Rep. HASKINS proposed the following Amendment No. 9 (Doc Name P:\AMEND\PSD\7063AC.97), which was tabled.
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/SECTION ____. Section 56-5-1520 of the 1976 Code, as last amended by Part II, Section 36R, Act 497 of 1994, is further amended to read:
"Section 56-5-1520. (a) General rule. No(A) A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event Speed must be so controlled as may be necessary to avoid colliding with any a person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons a person to use care.
(b) Maximum speed limits.(B) Except when a special hazard exists that requires lower speed for compliance with paragraph (a) of this section subsection (A), the limits specified in this section or established as hereinafter authorized are maximum lawful speeds, and no a person shall not drive a vehicle on a highway at a speed in excess of these maximum limits:
(1) thirty miles an hour in any urban district; seventy miles an hour on the interstate highway system and other freeways where official signs giving notice of this speed limit are posted;
(2) sixty miles an hour on multilane divided primary highways where official signs giving notice of this speed limit are posted; and
(3) fifty-five miles an hour in other locations or on other sections of highways except where speeds above fifty-five miles an hour are otherwise provided by Section 56-5-1510.
(C) Thirty miles an hour is the maximum speed in an urban district and unpaved roads be limited to the speed of forty-five miles per hour. 'Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.
(D) The maximum speed limits set forth in this section may be altered as authorized in pursuant to Sections 56-5-1530 and 56-5-1540.
(c) When lower speeds required; penalties; citation for violating speed limits.
(E) The driver of every a vehicle shall drive, consistent with the requirements of paragraph (a) subsection (A), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(d) Any(F) A person violating the speed limits established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:
(1) in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than fifteen dollars nor more than twenty-five dollars;
(2) in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five dollars nor more than fifty dollars;
(3) in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and
(4) in excess of twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
(e)(G) Any A citation for violating the speed limits issued by any authorized officer must note on it the rate of speed for which the citation is issued.
(f)(H) In expending the funds credited to the state general fund from fines generated under subsection (d) (F), the department first shall consider the need for additional highway patrolmen."
SECTION ____. The 1976 Code is amended by adding:
"Section 56-5-616. The interstate highway system consists of the segments of highways in South Carolina in the officially designated national system of interstate and defense highways."
SECTION ____. The 1976 Code is amended by adding:
"Section 56-5-617. The state highway primary system consists of a connected system of principal state highways, not to exceed ten thousand miles, connecting centers of population, determined by the Commission of the Department of Transportation."
SECTION ___. Section 56-5-6520 of the 1976 Code is amended to read:
/The driver and every occupant of a motor vehicle, when it is being operated on the public street and highways of interstate highway system in this State, shall wear a fastened safety belt which complies with all provisions of federal law for their use. The driver is charged with the responsibility of requiring each occupant over six and under seventeen years of age to wear a safety belt./
Amend title to conform.
Rep. HASKINS moved to table the amendment, which was agreed to.
Rep. HASKINS proposed the following Amendment No. 10 (Doc Name P:\AMEND\GJK\20070AC.97), which was ruled out of order.
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/SECTION ____. Section 56-5-1520 of the 1976 Code, as last amended by Part II, Section 36R, Act 497 of 1994, is further amended to read:
"Section 56-5-1520. (a) General rule. No(A) A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event Speed must be so controlled as may be necessary to avoid colliding with any a person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons a person to use care.
(b) Maximum speed limits.(B) Except when a special hazard exists that requires lower speed for compliance with paragraph (a) of this section subsection (A), the limits specified in this section or established as hereinafter authorized are maximum lawful speeds, and no a person shall not drive a vehicle on a highway at a speed in excess of these maximum limits:
(1) thirty miles an hour in any urban district; seventy miles an hour on the interstate highway system and other freeways where official signs giving notice of this speed limit are posted;
(2) sixty miles an hour on multilane divided primary highways where official signs giving notice of this speed limit are posted; and
(3) fifty-five miles an hour in other locations or on other sections of highways except where speeds above fifty-five miles an hour are otherwise provided by Section 56-5-1510.
(C) Thirty miles an hour is the maximum speed in an urban district and unpaved roads be limited to the speed of forty-five miles per hour. 'Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.
(D) The maximum speed limits set forth in this section may be altered as authorized in pursuant to Sections 56-5-1530 and 56-5-1540.
(c) When lower speeds required; penalties; citation for violating speed limits.
(E) The driver of every a vehicle shall drive, consistent with the requirements of paragraph (a) subsection (A), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(d) Any(F) A person violating the speed limits established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:
(1) in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than fifteen dollars nor more than twenty-five dollars;
(2) in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five dollars nor more than fifty dollars;
(3) in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and
(4) in excess of twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
(e)(G) Any A citation for violating the speed limits issued by any authorized officer must note on it the rate of speed for which the citation is issued.
(f)(H) In expending the funds credited to the state general fund from fines generated under subsection (d) (F), the department first shall consider the need for additional highway patrolmen."
SECTION ____. Section 56-5-1535 of the 1976 Code, as added by Act 409 of 1994, is amended to read:
"Section 56-5-1535. (A) It is unlawful for a person to drive a motor vehicle in a highway work zone at a speed in excess of the speed limit set and posted by signs. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than seventy-five nor more than two hundred dollars or imprisoned not more than thirty days, or both.
(B) A 'highway work zone' is the area between the first sign that informs motorists of the existence of the work zone on the highway and the last sign that informs motorists of the end of the work zone.
(C) The penalty imposed by this section applies only:
(1) if a sign is posted at the beginning of the active work zone that states "HIGHWAY 'WORK ZONE - NO SPEEDING - TWO HUNDRED DOLLAR $200 FINE AND THIRTY 30 DAYS IMPRISONMENT FOR SPEEDING'";
(2) to the area between the posted sign and the 'END CONSTRUCTION' sign. Signs may be posted at the discretion of the Department of Transportation in the highway work zones designed to comply with work zone traffic control standards contained in the Manual on Uniform Traffic Control Devices published by the Federal Highway Administration.
(D) The penalty imposed pursuant to subsection (C) is in addition to all other penalties prescribed for exceeding the lawful speed limit."
SECTION ____. Section 56-5-1540(a)(2) of the 1976 Code is amended to read:
"(2) increases the limit within an urban district but not to more than fifty-five seventy miles an hour, except that speed limits above fifty-five miles an hour are required when stipulated by Section 56-5-1510; or"
SECTION ____. The 1976 Code is amended by adding:
"Section 56-5-616. The interstate highway system consists of the segments of highways in South Carolina in the officially designated national system of interstate and defense highways."
SECTION ____. The 1976 Code is amended by adding:
"Section 56-5-617. The state highway primary system consists of a connected system of principal state highways, not to exceed ten thousand miles, connecting centers of population, determined by the Commission of the Department of Transportation."
SECTION ____. The 1976 Code is amended by adding:
"Section 57-3-175. Notwithstanding any other provision of law, a person moving or hauling a mobile home on the state's interstate highways shall travel at a maximum speed of not more than ten miles an hour below the posted speed limit."
SECTION ____. Section 56-5-1510 of the 1976 Code is repealed.
Section 8. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HASKINS explained the amendment.
Rep. JENNINGS raised the Point of Order that Amendment No. 10 was not germane to the Bill.
Rep. HASKINS argued contra in that the amendment deals with highway safety and keeps intact the seat belt requirement and simply adds to that the increase in speed limits.
SPEAKER WILKINS stated that in looking at the original intent of the Bill, one code section deals with seat belts and the other deals with speed limits. He further stated that although they are both under the broad umbrella of highway safety, they are different subjects and he sustained the Point of Order and ruled the amendment out of order.
Rep. BAXLEY proposed the following Amendment No. 11, which was adopted.
Amend the bill as follows:
Re-insert section (B) as follows:
A law enforcement officer may not stop a driver for a violation of this article in an absence of another violation of the motor vehicle law; provided, however, such stop may be made and violation cited at a checkpoint to determine whether seat belts are in use within a vehicle, or such checkpoint established for any other purpose.
Rep. BAXLEY explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. BAXLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barrett Beck Boan Brown, H. Brown, J. Byrd Campsen Carnell Cobb-Hunter Cotty Cromer Felder Gamble Harrell Harrison Harvin Hodges Jennings Jordan Keegan Klauber Koon Limbaugh Limehouse Littlejohn Lloyd Maddox Martin McKay McLeod McMaster Mullen Parks Phillips Riser Rodgers Seithel Smith, D. Spearman Stille Stuart Townsend Walker Webb Wilder Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
Barfield Battle Bauer Baxley Bowers Breeland Brown, G. Brown, T. Canty Cato Cave Chellis Clyburn Cooper Dantzler Davenport Delleney Easterday Edge Fleming Gourdine Hamilton Haskins Hawkins Hines, J. Hines, M. Hinson Kelley Kennedy Kinon Kirsh Knotts Lanford Law Leach Lee Loftis Mack Mason McCraw McMahand Meacham Miller Moody-Lawrence Neal Neilson Pinckney Quinn Rhoad Rice Robinson Sandifer Scott Sharpe Sheheen Simrill Smith, F. Smith, J. Smith, R. Stoddard Tripp Trotter Vaughn Whatley Whipper Wilkes Young-Brickell
So, the House refused to table the amendment.
Reps. JENNINGS and D. SMITH spoke against the amendment.
Rep. BAXLEY spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Barfield Battle Bauer Baxley Bowers Breeland Brown, G. Brown, T. Canty Cato Chellis Clyburn Cooper Dantzler Davenport Easterday Edge Fleming Gourdine Hamilton Haskins Hawkins Hines, J. Hines, M. Hinson Inabinett Kelley Kennedy Kirsh Knotts Koon Lanford Law Leach Lee Lloyd Loftis Mack McMahand Meacham Moody-Lawrence Neal Neilson Parks Phillips Pinckney Quinn Rice Robinson Sandifer Scott Sharpe Sheheen Simrill Smith, F. Smith, J. Smith, R. Stoddard Townsend Tripp Trotter Vaughn Whatley Whipper Young-Brickell
Those who voted in the negative are:
Allison Altman Bailey Barrett Beck Boan Brown, H. Brown, J. Byrd Campsen Carnell Cave Cobb-Hunter Cotty Cromer Delleney Felder Gamble Harrell Harrison Harvin Hodges Jennings Jordan Keegan Kinon Klauber Limbaugh Limehouse Littlejohn Maddox Martin Mason McCraw McKay McLeod McMaster Mullen Rhoad Riser Rodgers Seithel Smith, D. Spearman Stille Stuart Walker Webb Wilder Wilkes Wilkins Witherspoon Woodrum Young
So, the amendment was adopted.
Reps. ROBINSON, KNOTTS and QUINN proposed the following Amendment No. 12 (Doc Name P:\AMEND\BBM\9156MM.97), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately-numbered section to read:
/SECTION ___. Use of a cellular telephone, other than a hands-free model, while operating a motor vehicle is prohibited./
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON explained the amendment.
Rep. F. SMITH raised the Point of Order that Amendment No. 12 was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. J. BROWN proposed the following Amendment No. 13 (Doc Name P:\AMEND\PSD\7067ac.97), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/section ____. SECTION 56-5-6530 (4 OF THE 1976 CODE, IS AMENDED TO READ:
"(4) PUBLIC TRANSPORTATION VEHICLES EXCEPT TAXIS;"/
Renumber sections to conform.
Amend title to conform.
Rep. J. BROWN moved to table the amendment, which was agreed to.
Rep. J. BROWN proposed the following Amendment No. 14 (Doc Name P:\AMEND\BBM\9154AC.97), which was tabled.
Amend the bill, as and if amended, by adding an appropriately-numbered section to read:
/Section 56-5-6510(1) of the 1976 Code is amended to read:
(1) 'Motor vehicle' means a passenger car, truck, van, or recreational vehicle required to be equipped with safety belts by Federal Motor Vehicle Safety Standard No. 208 (49 CFR 571.208), manufactured after July, 1996 or the bed of a pick-up truck with regard to children under age fifteen./
Renumber sections to conform.
Amend title to conform.
Rep. J. BROWN moved to table the amendment, which was agreed to.
Reps. LIMBAUGH and ROBINSON proposed the following Amendment No. 17 (Doc Name P:\AMEND\BBM\9157MM.97), which was tabled.
Amend the bill, as and if amended, by adding an appropriately-numbered section to read:
/SECTION ___. The provisions of this act shall apply only to persons aged seventeen years and younger./
Renumber sections to conform.
Amend title to conform.
Rep. LIMBAUGH explained the amendment and moved to table the amendment, which was agreed to.
Reps. ROBINSON, KNOTTS and QUINN proposed the following Amendment No. 18 (Doc Name P:\AMEND\BBM\9158MM.97), which was tabled.
Amend the bill, as and if amended, by adding an appropriately-numbered section to read:
/SECTION ___. Section 56-5-6520 of the 1976 Code, is amended by adding at the end:
/Use of a cellular telephone, other than a hands-free model, while operating a motor vehicle is prohibited, unless the operator is wearing a safety belt./
Amend title to conform.
Rep. F. SMITH raised the Point of Order that Amendment No. 18 was not germane to the Bill.
Rep. ROBINSON argued contra the point.
SPEAKER WILKINS stated that the amendment was germane and overruled the Point of Order.
Rep. ROBINSON explained the amendment.
Rep. LIMBAUGH moved to table the amendment, which was agreed to.
Rep. QUINN moved to reconsider the vote whereby Amendment No. 11 was adopted.
Rep. BAXLEY moved to table the motion to reconsider, which was agreed to by a division vote of 66 to 43.
Rep. KIRSH moved to continue the Bill and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bauer Cato Cooper Easterday Fleming Hamilton Haskins Kennedy Kirsh Lloyd Loftis Meacham Quinn Robinson Sandifer Simrill Smith, R. Stoddard Townsend Tripp Trotter Vaughn Young-Brickell
Those who voted in the negative are:
Allison Altman Askins Bailey Barfield Barrett Battle Baxley Beck Boan Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Campsen Carnell Cave Chellis Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Delleney Edge Felder Gamble Gourdine Govan Harrell Harrison Harvin Hawkins Hines, J. Hines, M. Hodges Jennings Jordan Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Mack Maddox Martin Mason McCraw McKay McLeod McMahand McMaster Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Rice Riser Rodgers Scott Seithel Sharpe Sheheen Smith, D. Smith, F. Smith, J. Spearman Stille Stuart Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young
So, the House refused to continue the Bill.
Reps. ROBINSON, KNOTTS and QUINN proposed the following Amendment No. 19 (Doc Name P:\AMEND\BBM\9159MM.97), which was tabled.
Amend the bill, as and if amended, by adding an appropriately-numbered section to read:
/SECTION ___. Section 56-5-6520 of the 1976 Code, is amended by adding at the end:
/Use of a cellular telephone while operating a motor vehicle is prohibited, unless the operator is wearing a safety belt.
Amend title to conform.
Rep. KNOTTS moved to table the amendment, which was agreed to.
Rep. CAMPSEN proposed the following Amendment No. 20, which was adopted.
Amend SECTION 1, Section 56-5-6540(A) by deleting the last sentence, and inserting, "Notwithstanding Section 56-1-540, a conviction for a violation of this article shall not be included in the offender's motor vehicle records maintained by the Department of Public Safety or in the criminal records maintained by SLED."
Rep. CAMPSEN explained the amendment.
The amendment was then adopted.
Rep. HASKINS spoke against the Bill.
Rep. HARRISON moved to recommit the Bill to the Judiciary Committee, which was agreed to.
The following Bill was taken up.
H. 3272 -- Reps. Cato, Limehouse, H. Brown, Tripp, Cooper, Chellis, Seithel, Young-Brickell, Carnell, Mason, Meacham, Bailey, Haskins, Gamble, Allison, Trotter, Robinson, Sandifer, Lee, Govan, Law, Sharpe, Loftis, Phillips, Limbaugh, Harrell, J. Smith, J. Brown, Boan, Simrill, Wilkes and Neilson: A BILL TO AMEND SECTION 37-10-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR THE VIOLATION OF CERTAIN LOAN PROVISIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO DELETE CERTAIN PENALTY PROVISIONS, TO CREATE AN INDIVIDUAL CAUSE OF ACTION, AND TO PROHIBIT A CLASS ACTION FOR A VIOLATION OF THE CHAPTER; AND TO MAKE THESE PROVISIONS APPLY TO CAUSES OF ACTION, INCLUDING APPEALS, PENDING ON THE EFFECTIVE DATE OF THIS ACT AND TO ACTIONS FILED ON AND AFTER THAT DATE.
Rep. CROMER moved to commit the Bill to the Judiciary Committee.
Rep. HARRISON moved to table the motion.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Barrett Bauer Boan Brown, H. Cato Chellis Cooper Cotty Dantzler Davenport Easterday Edge Felder Gamble Hamilton Harrell Haskins Hinson Keegan Kelley Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Mason McCraw McKay McLeod Meacham Mullen Neilson Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Simrill Smith, R. Spearman Stoddard Stuart Tripp Trotter Vaughn Walker Webb Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Altman Battle Baxley Beck Bowers Brown, T. Byrd Campsen Canty Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Fleming Gourdine Harrison Harvin Hawkins Hines, J. Hines, M. Hodges Howard Inabinett Jennings Jordan Kennedy Kinon Kirsh Klauber Lee Lloyd Mack Maddox Martin McMahand Miller Moody-Lawrence Neal Parks Pinckney Quinn Scott Sharpe Sheheen Smith, D. Smith, F. Smith, J. Stille Townsend Whatley Whipper Wilder Young
So, the motion to commit was tabled.
I inadvertently voted nay but fully intended to vote yea to table the motion to commit H. 3272.
Rep. BRADLEY L. JORDAN
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4044MM.97).
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
/SECTION 1. Section 37-10-105 of the 1976 Code is amended to read:
"Section 37-10-105. With respect to a loan transaction subject to the provisions of this chapter, any person who shall receive or contract to receive a loan finance charge or other charge or fee in violation of this chapter shall forfeit--
(a) the total amount of the loan finance charge and the costs of the action; and the unpaid balance of the loan shall be repayable without any loan finance charge;
(b) double the amount of the excess loan finance charge or other charges or fees actually received by the creditor or paid by the debtor to a third party, to be collected by a separate action or allowed as a counterclaim in any action brought to recover the unpaid balance.
(A) If a creditor violates a provision of this chapter, the debtor has a cause of action, other than in a class action, to recover actual damages and also a right in an action, other than in a class action, to recover from the person violating this chapter a penalty in an amount determined by the court of not less than one hundred dollars and not more than one thousand dollars. A debtor may not bring a class action for a violation of this chapter, nor may a debtor bring an action more than three years after the violation occurred, except as set forth in subsection (C).
(B) A creditor may not be held liable in an action brought under this section for a violation of this chapter if the creditor shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error.
(C) If the court finds as a matter of law that the agreement or transaction is unconscionable pursuant to Section 37-5-108 at the time it was made, or was induced by unconscionable conduct, the court may, in an action other than a class action:
(1) refuse to enforce the agreement, or a term, or part of the agreement or transaction that the court holds to have been unconscionable at the time it was made;
(2) refuse to enforce the remainder of the agreement without the unconscionable term or part, or limit the application of the unconscionable term or part to avoid an unconscionable result; and
(3) award actual damages resulting from the violation of this chapter, plus attorneys' fees and costs.
An action pursuant to this subsection may not be brought after the original scheduled maturity date of the debt.
(D) In an action in which it is found that a creditor has violated this chapter, the court shall award to the debtor the costs of the action and to his attorneys their reasonable fees. In determining attorneys' fees, the amount of the recovery on behalf of the debtor is not controlling."
SECTION 2. This act takes effect upon approval by the Governor and applies to causes of action, including appeals, pending on that date and actions filed on and after that date; except that this act shall not be construed to prevent persons who are members or putative members of a class in a pending action or appeal filed as a class action from pursuing in individual actions the remedies provided in this act, and the statute of limitations applicable to those persons shall be deemed to have been tolled during the pendency of those class actions, and shall commence running again as to those persons upon the effective date of this act./
Renumber sections to conform.
Amend totals and title to conform.
Rep. GAMBLE explained the amendment.
Rep. GAMBLE continued speaking.
Rep. GAMBLE spoke in favor of the amendment.
The SPEAKER Pro Tempore granted Rep. GOVAN a leave of absence.
Rep. LIMBAUGH spoke in favor of the amendment.
Rep. LIMBAUGH spoke in favor of the amendment.
Rep. HAWKINS spoke against the amendment.
Rep. H. BROWN moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 3272 General Subject Matter: Provisions for certain loans under the Consumer Credit Code
The reason for abstaining on the above reference legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. JOE McMASTER
At 4:45 P.M. the House in accordance with the motion of Rep. CROMER adjourned in memory of Walter "Hal" Freeman of Columbia, to meet at 10:00 A.M. tomorrow.
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