Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
Our Father God, from everlasting to everlasting the same, give us to see that the priceless wisdom gained in our yesterdays is to be woven into our todays and tomorrows. As custodians of so many good things, make of us good stewards of all that has been entrusted to us. Give to us peace in our times: peace among nations, peace with each other, and peace within ourselves. Grant to us a faith that rises above frustrations, patience to bear the strain of waiting, good will that cannot be discouraged, and forgiveness that knows no measure. To You, Lord God, we render our praise and thanksgiving. 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. H. BROWN moved that when the House adjourns, it adjourn in memory of Arthur Fusco of Columbia, father of Frank Fusco, which was agreed to.
The following was received and referred to the appropriate committee for consideration:
Document No. 2374
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 48-2-10 et seq., 44-1-20 et seq., 44-55-50 et seq., and 44-87-10 et seq.
Environmental Protection Fees
Received by Speaker of the House of Representatives February 25, 1999
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
Legislative Review Expiration June 25, 1999 (Subject to Sine Die Revision)
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3153 (Word version) -- Reps. Wilkins, Jennings, Rodgers, Harrison, Cotty, Wilder, Law, Harris, Chellis, Fleming, D. Smith, Simrill, J. Brown, Cato, R. Smith, Woodrum, Allison, Littlejohn, Sandifer, Lee, Keegan, Barrett, Harvin, Lucas, Young-Brickell, Emory, Rhoad, Harrell, Meacham, Edge, Haskins, Campsen, Maddox, Hinson, Govan, F. Smith, J. Smith, Lourie, Rutherford, Allen, Ott, Kennedy, Bales and Knotts: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURE, BY ADDING CHAPTER 26 SO AS TO ENACT THE "DRUG TREATMENT COURT ACT" INCLUDING PROVISIONS TO ESTABLISH THE OFFICE OF A STATE DRUG TREATMENT COURT DIRECTOR AND ADVISORY COMMITTEE, TO PROVIDE THAT THE DIRECTOR OF THE SENTENCING GUIDELINES COMMISSION IS THE DIRECTOR OF THIS OFFICE, TO PROVIDE FOR THE ESTABLISHMENT OF A DRUG TREATMENT COURT PROGRAM FUND, AND TO PROVIDE FOR THE ESTABLISHMENT OF LOCAL DRUG TREATMENT COURT MANAGEMENT COMMITTEES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3120 (Word version) -- Reps. Sandifer, Meacham, Simrill and Littlejohn: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO BE INCLUDED IN THE STATE DNA DATABASE, SO AS TO INCLUDE PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR HOMICIDE OR ASSAULT AND BATTERY COMMITTED AGAINST A CHILD BY A PERSON SIXTEEN YEARS OF AGE OR OLDER.
Ordered for consideration tomorrow.
The following was introduced:
H. 3666 (Word version) -- Reps. Davenport, Altman, Barrett, Bowers, T. Brown, Clyburn, Hamilton, M. Hines, Kirsh, Klauber, Knotts, Lee, Littlejohn, McGee, Neilson, Rice and Stille: A HOUSE RESOLUTION TO AMEND RULE 5.3 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE GENERAL APPROPRIATIONS BILL AND SUPPLEMENTAL APPROPRIATIONS BILLS, SO AS TO REQUIRE A SEPARATE VOTE ON EVERY PROVISION IN SUCH A BILL ADDING OR AMENDING PERMANENT LAW IF THE PROVISION DID NOT APPEAR IN THE BILL AS PASSED BY THE HOUSE OR IF THE PROVISION WAS AMENDED AFTER THE BILL PASSED THE HOUSE BEFORE THE HOUSE VOTES TO APPROVE A CONFERENCE OR FREE CONFERENCE REPORT ON SUCH A BILL AND TO PROVIDE THAT FAILURE TO APPROVE A PERMANENT LAW PROVISION IN THIS SEPARATE VOTE IS DEEMED A VOTE REJECTING THE CONFERENCE OR FREE CONFERENCE REPORT ON THE BILL.
The Resolution was ordered referred to the Committee on Rules.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3667 (Word version) -- Reps. J. Smith and Lourie: A BILL TO AMEND SECTION 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS NECESSARY TO HOLD THE OFFICE OF PROBATE JUDGE, SO AS TO PROVIDE THE CANDIDATE MUST MEET THE CONSTITUTIONAL REQUIREMENTS FOR PERSONS ELECTED TO OFFICE AND TO PROVIDE CANDIDATES MUST BE ATTORNEYS WITH AT LEAST FIVE YEARS OF EXPERIENCE PRACTICING LAW, AND TO PROVIDE THAT A PROBATE JUDGE SERVING ON JULY 1, 1999, OR SEEKING REELECTION AFTER THAT DATE, NEED NOT MEET THESE QUALIFICATIONS.
Referred to Committee on Judiciary
H. 3668 (Word version) -- Rep. J. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO ABOLISH COMMON LAW MARRIAGE IN SOUTH CAROLINA AFTER JUNE 30, 1999, AND TO RECOGNIZE THE VALIDITY OF COMMON LAW MARRIAGES IN EXISTENCE ON THAT DATE; AND TO AMEND SECTION 20-1-360, RELATING TO THE EFFECT ON MARRIAGE LICENSES ON MARRIAGES CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE, SO AS TO CONFORM THIS SECTION TO THE ABOLISHMENT OF COMMON LAW MARRIAGE AFTER JUNE 30, 1999.
Referred to Committee on Judiciary
H. 3669 (Word version) -- Rep. Davenport: A BILL TO AMEND ARTICLE 5, CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOLIC BEVERAGE CONTROL ACT, BY ADDING SUBARTICLE 4 SO AS TO REQUIRE THAT A PRIVATE NONPROFIT CLUB OR ORGANIZATION OBTAIN A LICENSE FROM THE DEPARTMENT OF REVENUE FOR THE POSSESSION OR CONSUMPTION OF ALCOHOLIC LIQUORS ON ITS PREMISES AND TO PROVIDE THE CRITERIA FOR THE LICENSE; AND TO AMEND SECTION 61-6-1620, RELATING TO THE RESTRICTIONS ON MINIBOTTLE LICENSEES, SO AS TO CONFORM THESE PROVISIONS TO THE REQUIREMENT OF THIS NEW LICENSE.
Referred to Committee on Judiciary
H. 3670 (Word version) -- Reps. Fleming, Clyburn, Cobb-Hunter, Hayes, McCraw, Phillips and Trotter: A BILL TO AMEND SECTION 56-1-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRADUATED SCALE OF POINTS ASSIGNED TO THE VARIOUS MOTOR VEHICLE VIOLATIONS, SO AS TO PROVIDE THAT A PERSON WHO IS CHARGED WITH CERTAIN VIOLATIONS CONTAINED IN THIS PROVISION MAY PAY A FINE IN LIEU OF HAVING THE POINTS ASSOCIATED WITH THE VIOLATION ASSESSED AGAINST HIS DRIVING RECORD.
Referred to Committee on Judiciary
H. 3671 (Word version) -- Reps. Fleming, Bales, Cato, Hayes, Koon, Limehouse, Littlejohn, Mason, Rhoad, Riser, Sandifer, R. Smith, Stille and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 TO TITLE 17 SO AS TO PROVIDE PROCEDURES TO CONDUCT WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS AND TO PROVIDE PENALTIES FOR VIOLATION OF THESE PROCEDURES.
Referred to Committee on Labor, Commerce and Industry
H. 3672 (Word version) -- Reps. Fleming, Bales, Cato, Gamble, Gilham, Hamilton, Hayes, Limehouse, Mason, Riser, Sandifer, R. Smith, Tripp and Vaughn: A BILL TO AMEND SECTION 61-6-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROXIMITY REQUIREMENTS FOR ESTABLISHMENTS AND PLACES OF BUSINESS WITH LIQUOR LICENSES, SO AS TO EXTEND THESE REQUIREMENTS TO CHILD DAY-CARE FACILITIES, TO DEFINE "CHILD DAY-CARE FACILITIES", AND TO REVISE THE METHOD OF MEASURING FOR THESE REQUIREMENTS SO AS TO PROVIDE THAT MEASUREMENTS MUST BE MADE ONLY ALONG LEGAL PEDESTRIAN AND VEHICULAR TRAVEL ROUTES.
Rep. FLEMING asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. STUART objected.
Referred to Committee on Judiciary
H. 3673 (Word version) -- Reps. Simrill, Cotty, Klauber, Maddox, Allison, Bailey, H. Brown, J. Brown, Cato, Edge, Gamble, Gilham, Hamilton, Harrell, Harvin, Haskins, Keegan, Kirsh, Leach, McGee, Meacham, Quinn, Rice, Rodgers, R. Smith, Stille, Stuart, Trotter, Vaughn, Walker, Wilder, Wilkins, Woodrum and Young-Brickell: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE TESTED FOR ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON WHO HAS AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS CONCLUSIVELY PRESUMED TO HAVE AN ILLEGAL ALCOHOL CONCENTRATION.
Referred to Committee on Judiciary
H. 3674 (Word version) -- Reps. Harrell, Campsen, Webb, Barfield, Keegan, Sandifer, McGee, Rodgers, Wilkins, Knotts, Bauer, Fleming, Klauber, Simrill, Limehouse, Chellis, Young-Brickell, Woodrum, Loftis, Altman, R. Smith, Harrison, Witherspoon, Barrett, Leach, Martin, Cato, Walker, Hinson, Kelley and Mason: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE STATE SALES AND USE TAX, SO AS TO EXEMPT FROM THAT DEFINITION THE SALES PRICE ON SALES WHICH ARE UNCOLLECTIBLE, TO PROVIDE FOR CREDIT FOR TAXES PAID ON UNCOLLECTIBLE AMOUNTS, AND TO PROVIDE FOR LATER PAYMENT OF TAXES ON AMOUNTS SUBSEQUENTLY COLLECTED.
Referred to Committee on Ways and Means
H. 3675 (Word version) -- Rep. W. McLeod: A BILL TO AMEND SECTION 12-28-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX ON GASOLINE AND DIESEL FUEL SO AS TO INCREASE THE TAX BY TWO CENTS A GALLON AND TO DESIGNATE THE FUNDS RAISED BY THE INCREASE TO THE USE FOR MAINTENANCE AND REPAIR OF AND IMPROVEMENTS TO THE STATE'S ROADS.
Referred to Committee on Ways and Means
H. 3676 (Word version) -- Reps. Cobb-Hunter, Clyburn, Maddox, Pinckney, Whipper and Delleney: A BILL TO AMEND CHAPTER 1, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL PROVISIONS OF LABOR AND EMPLOYMENT LAW, BY ADDING SECTION 41-1-110 SO AS TO ESTABLISH FOR A PERSON EMPLOYED BY AN EMPLOYER DOING BUSINESS OR EMPLOYING RESIDENTS OF THIS STATE THE RIGHT TO EXAMINE AND OBTAIN COPIES OF ALL OF THE CONTENTS OF HIS PERSONNEL RECORD AS MAINTAINED BY THAT EMPLOYER, TO PROVIDE FOR THE TIME, PLACE, AND MANNER WHICH EMPLOYERS AND EMPLOYEES MUST FOLLOW RELATING TO ACCESS TO PERSONNEL RECORDS, TO PROVIDE FOR FEES FOR DEFRAYING THE COST OF GRANTING ACCESS TO SUCH PERSONNEL FILE OR MAKING COPIES, TO PROVIDE FOR CERTAIN FINES WHICH MAY BE LEVIED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO PROVIDE A CIVIL REMEDY FOR VIOLATIONS, AND TO PROVIDE FOR RELATED MATTERS.
Referred to Committee on Labor, Commerce and Industry
H. 3677 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO DELETE REFERENCES TO THE PROHIBITION ON LOTTERIES, THEIR ADVERTISING, AND TICKET SALES AND TO PROVIDE THAT LOTTERIES MAY BE CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Without Reference
S. 41 (Word version) -- Senator McConnell: A BILL TO AMEND ARTICLE 5, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR BEER AND WINE SALES, BY ADDING SECTION 61-4-630, SO AS TO ALLOW DELIVERY OF BEER OR WINE IN A SEALED CONTAINER BY RETAIL PERMIT HOLDERS IN CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary
S. 102 (Word version) -- Senators Passailaigue, Hayes, Elliott, Leventis, Ryberg, Giese, Wilson, Reese, Setzler, Drummond, Bryan, Martin, Courtney, Branton, Fair, J. Verne Smith, Russell and Mescher: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO ADD CHAPTER 54 CREATING THE "SOUTH CAROLINA DRUG DEALER LIABILITY ACT" WHICH PROVIDES A CIVIL REMEDY FOR DAMAGES FOR MONETARY, NON-ECONOMIC, AND PHYSICAL LOSSES TO PERSONS AND COMMUNITIES INCURRED AS A RESULT OF AN INDIVIDUAL'S USE OF ILLEGAL CONTROLLED SUBSTANCES.
Referred to Committee on Judiciary
On motion of Rep. HASKINS, with unanimous consent, the following was taken up for immediate consideration:
H. 3678 (Word version) -- Reps. Haskins and J. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE APRIL 24, 1999, AS "SOUTH CAROLINA DAY OF REMEMBRANCE OF THE ARMENIAN GENOCIDE OF 1915-1923" SO AS TO HONOR THE MEMORY OF THE ONE AND ONE-HALF MILLION PEOPLE OF ARMENIAN ANCESTRY WHO LOST THEIR LIVES DURING THAT TERRIBLE TIME AND TO HONOR THE MEMORY OF THE VICTIMS OF GENOCIDE THROUGHOUT THE WORLD.
Whereas, one and one-half million men, women, and children of Armenian descent were the victims of the brutal genocide perpetrated by the Young Turk government of the Ottoman Empire from 1915-1923; and
Whereas, the Armenian genocide and massacres of Armenian people have been recognized as an attempt to eliminate all traces of a thriving and noble civilization over 3,000 years old; and
Whereas, the denial of the Armenian genocide by the present-day Turkish government continues to antagonize the Armenian people concerning their own rightful place in history; and
Whereas, by consistently remembering and openly condemning the atrocities committed against the Armenians, South Carolinians are highly sensitive to the need for constant vigilance to prevent similar atrocities in the future; and
Whereas, recognition of the eighty-fourth anniversary of this genocide is crucial to guarding against the repetition of future genocides and educating people about the atrocities connected to these horrific events; and
Whereas, South Carolina is home to hundreds of Armenian families; and
Whereas, Armenian-Americans living in South Carolina have greatly enriched our State through their leadership in business, agriculture, academia, government, and the arts. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly recognize April 24, 1999, as "South Carolina Day of Remembrance of the Armenian Genocide of 1915-1923" so as to honor the memory of the one and one-half million people of Armenian ancestry who lost their lives during that terrible time and to honor the memory of the victims of genocide throughout the world.
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:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Bauer Beck Bowers Breeland Brown H. Brown J. Brown T. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Hamilton Harrell Harris Harrison Harvin Haskins Hayes Hines J. Hines M. Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Leach Lee Limehouse Littlejohn Lloyd Loftis Lucas Mack Maddox Martin Mason McCraw McGee McKay McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith D. Smith F. Smith J. Smith R. Stille Stuart Taylor Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Thursday, March 4.
James Law Todd Rutherford Ronald Townsend Jackson Whipper Grady Brown Ralph Canty
LEAVE OF ABSENCE
The SPEAKER granted Rep. HAWKINS a leave of absence for the day due to a jury trial.
The SPEAKER granted Rep. GOVAN a leave of absence for the day due to state business.
The SPEAKER granted Rep. LOURIE a leave of absence for the day.
Reps. LIMEHOUSE, KOON, COBB-HUNTER AND T. BROWN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, March 3.
Rep. SEITHEL signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on Thursday, February 4.
Rep. SEITHEL signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on Wednesday, February 24.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3533 (Word version)
Date: ADD:
03/04/99 RODGERS
Bill Number: H. 3555 (Word version)
Date: ADD:
03/04/99 RODGERS
Bill Number: H. 3402 (Word version)
Date: ADD:
03/04/99 KEEGAN
Bill Number: H. 3135 (Word version)
Date: ADD:
03/04/99 KEEGAN
Bill Number: H. 3028 (Word version)
Date: ADD:
03/04/99 RISER
Bill Number: H. 3403 (Word version)
Date: ADD:
03/04/99 KEEGAN
Bill Number: H. 3276 (Word version)
Date: REMOVE:
03/04/99 DELLENEY
Bill Number: H. 3592 (Word version)
Date: REMOVE:
03/04/99 JENNINGS
Rep. WILKINS presented to the House former Representative Marion "Son" Kinon of Dillon recognizing his service to the House.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day to attend a Red Cross meeting in Bamberg and to meet with officials at Salkehatchie USC in Allendale.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3639 (Word version) -- Rep. Carnell: A BILL TO AMEND ACT 727 OF 1990, RELATING TO THE DISTRIBUTION OF ONE MILL OF THE COUNTYWIDE LEVY FOR SCHOOL OPERATING PURPOSES IN GREENWOOD COUNTY TO THE DISTRICT WITH THE LOWEST ASSESSED VALUE, SO AS TO INCREASE THIS DISTRIBUTION TWO MILLS BEGINNING WITH THE 1999-2000 SCHOOL YEAR.
H. 3650 (Word version) -- Reps. Clyburn and M. Hines: A BILL TO AMEND ACT 955 OF 1974, AS AMENDED, RELATING TO THE COMPENSATION OF THE EDGEFIELD COUNTY DISTRICT SCHOOL BOARD OF TRUSTEES, SO AS TO INCREASE THE COMPENSATION.
H. 3329 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 29-5-10 AND SECTION 29-5-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETTLEMENT OF ACTIONS TO ENFORCE MECHANICS' LIENS AND THE AWARD OF ATTORNEY'S FEES TO THE PREVAILING PARTY, SO AS TO FURTHER DEFINE THE TERM "PREVAILING PARTY" AND TO PROVIDE THAT THE VALUE OF A DEFENDANT'S COUNTERCLAIM IS CONSIDERED A NEGATIVE OFFER OF SETTLEMENT IF THE DEFENDANT DOES NOT MAKE A WRITTEN OFFER OF SETTLEMENT.
H. 3375 (Word version) -- Reps. Fleming, McGee, McKay, H. Brown, Altman, J. Smith, Delleney, Spearman, Hawkins, Klauber, Harrison, Maddox, D. Smith, F. Smith, Harris, Whipper and Knotts: A BILL TO AMEND SECTION 17-3-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURES FOR ESTABLISHING PUBLIC DEFENDER CORPORATIONS IN COUNTIES, SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OF THE DEFENDER CORPORATION IS NOT LIABLE FOR A LOSS RESULTING FROM AN ACT OR OMISSION OF A PUBLIC DEFENDER OR OTHER EMPLOYEE OF THE CORPORATION IF THE DEFENDER OR OTHER EMPLOYEE ACTED WITHIN THE SCOPE OF HIS OFFICIAL DUTIES AND IN GOOD FAITH.
H. 3643 (Word version) -- Reps. Sandifer and Barrett: A BILL TO AMEND CHAPTER 25, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOATING AND SURFING BY ADDING ARTICLE 10 RELATING TO MOTORBOATS ON TUGALO LAKE SO AS TO PROVIDE THAT, WITH CERTAIN EXCEPTIONS, NO MOTOR IN EXCESS OF TWENTY HORSEPOWER SHALL BE USED ON ANY VESSEL OPERATED ON TUGALO LAKE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The following Joint Resolution 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. 457 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 22, 1999, MISSED BY THE STUDENTS OF TAMASSEE ELEMENTARY SCHOOL OF THE SCHOOL DISTRICT OF OCONEE COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3661 (Word version) -- Rep. Howard: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 24, 1999, BY THE STUDENTS OF RICHLAND COUNTY SCHOOL DISTRICT ONE FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND WEATHER CONDITIONS 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.
S. 294 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION SHALL SUBMIT RECOMMENDATIONS CONCERNING FOSTER CARE POLICIES, PROCEDURES, AND DEFICIENCIES OF AGENCIES TO THE GOVERNOR AS WELL AS TO THE GENERAL ASSEMBLY.
Rep. M. HINES explained the Bill.
On motion of Rep. HOWARD with unanimous consent, it was ordered that H. 3661 be read the third time tomorrow.
On motion of Rep. M. HINES with unanimous consent, it was ordered that S. 294 be read the third time tomorrow.
The following Joint Resolution was taken up:
H. 3625 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE A SUPPLEMENTAL APPROPRIATION FROM SURPLUS FISCAL YEAR 1997-98 GENERAL FUND REVENUES OF FORTY MILLION DOLLARS TO THE SOUTH CAROLINA STATE PORTS AUTHORITY FOR THE CHARLESTON HARBOR DREDGING PROJECT.
Reps. H. BROWN and WILKINS proposed the following Amendment No. 1 (COUNCIL\BBM\AMEND\9057SOM99), which was adopted.
Amend the resolution, as and if amended, in SECTION 1, on line 21, page 1, by striking /forty/ and inserting / sixteen /
Amend title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
Rep. LEACH moved to adjourn debate upon the following Bill until Tuesday, March 23, which was adopted:
H. 3646 (Word version) -- Reps. Leach, Cato, Easterday, Hamilton, Haskins, Loftis, Rice, Tripp, Vaughn and Wilkins: A BILL TO AMEND ACT 521 OF 1992, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS AND FOR THE NOMINATION OF CANDIDATES.
The following Bill was taken up:
H. 3427 (Word version) -- Rep. G. Brown: A BILL TO AMEND SECTION 40-36-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS, SO AS TO CLARIFY AND REVISE THE REQUIREMENTS FOR REINSTATEMENT OF INACTIVE LICENSES IN THE PRACTICE OF OCCUPATIONAL THERAPY.
Rep. PARKS explained the Bill.
Rep. KIRSH made the Point of Order that the Bill 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 Bill was taken up:
H. 3335 (Word version) -- Reps. Beck, Wilder, W. McLeod, J. Brown, R. Smith and Mason: A BILL TO AMEND SECTION 56-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR DRIVERS' LICENSES AND PERMITS, SO AS TO REQUIRE THE APPLICATION TO PROVIDE FOR DISCLOSURE OF A PERMANENT MEDICAL CONDITION AND ORGAN AND TISSUE DONOR STATUS, BOTH OF WHICH MUST BE INDICATED BY SYMBOLS ON THE LICENSE AND CONTAINED IN THE DRIVER'S RECORD; TO FURTHER PROVIDE THAT THIS INFORMATION MUST BE MADE AVAILABLE UPON REQUEST TO LAW ENFORCEMENT AND EMERGENCY MEDICAL SERVICES AND HOSPITAL PERSONNEL AND THAT DONOR STATUS INFORMATION MUST BE MADE AVAILABLE TO THE SOUTH CAROLINA DONOR REFERRAL NETWORK.
Rep. SHEHEEN made the Point of Order that the Bill 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, read the third time, and ordered sent to the Senate:
H. 3626 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF REVENUE TO PROMULGATE STRICT AND COMPREHENSIVE REGULATIONS NECESSARY TO REGULATE THE OPERATION OF VIDEO GAME MACHINES WITH A FREE PLAY FEATURE INCLUDING A RECOMMENDATION FOR THE IMPOSITION OF A TAX RATE AND REGULATIONS TO IMPOSE FEES ON SUCH MACHINES OR ON THE OWNERS, DISTRIBUTORS, OR OPERATORS THEREOF IN AN AMOUNT NECESSARY TO GENERATE REVENUE IN THE AGGREGATE OF AT LEAST TWO HUNDRED MILLION DOLLARS ANNUALLY, AND TO PROVIDE FOR THE PROCEDURES UNDER WHICH THE REGULATIONS MUST BE PROMULGATED INCLUDING A PROVISION THAT THEY MUST BE SUBMITTED TO THE GENERAL ASSEMBLY BY APRIL 1, 1999, AND ARE DEEMED APPROVED ON JUNE 3, 1999, IF THE GENERAL ASSEMBLY HAS NOT ENACTED A JOINT RESOLUTION PRIOR TO THIS DATE APPROVING OR DISAPPROVING SUCH REGULATIONS.
On motion of Rep. CATO, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Labor, Commerce and Industry:
S. 463 (Word version) -- Senators Martin and Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT ALL CONTRACTOR LICENSES CONTINUE IN EFFECT UNTIL SEPTEMBER 1, 1999, AT WHICH TIME PROCEDURES FOR RENEWAL AND BIENNIAL LICENSURE, PURSUANT TO TITLE 40, CHAPTER 11, TAKE EFFECT UNLESS OTHERWISE PROVIDED FOR IN REGULATION.
Rep. H. BROWN asked unanimous consent that H. 3625 be read a third time tomorrow.
Rep. SHEHEEN objected.
Rep. SCOTT asked unanimous consent to recall H. 3004 from the Committee on Ways and Means.
Rep. SIMRILL objected.
Rep. SCOTT asked unanimous consent to recall S. 1 from the Committee on Ways and Means.
Rep. ALTMAN objected.
The Senate amendments to the following Bill were taken up for consideration:
H. 3346 (Word version) -- Reps. Campsen, Harrell, Altman, Inabinett and Whipper: A BILL TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO AUTHORIZE THE PROVISION AND MAINTENANCE OF GOLF COURSES AS A PERMITTED ACTIVITY OF THE DISTRICT.
Rep. CAMPSEN made the Point of Order that the Senate Amendments were 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 motion period was dispensed with on motion of Rep. EASTERDAY.
The following Bill was taken up:
H. 3079 (Word version) -- Reps. Sharpe and Emory: A BILL TO AMEND SECTION 23-31-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE AND POSSESSION OF MACHINE GUNS AND MILITARY FIREARMS, SO AS TO PROVIDE THAT THE PROVISIONS WITH CERTAIN EXCEPTIONS RESTRICTING THE USE AND POSSESSION OF MACHINE GUNS AND MILITARY FIREARMS ALSO NOT APPLY TO ANY DEALER OR PERSON LICENSED OR HOLDING A VALID PERMIT ISSUED PURSUANT TO FEDERAL LAW IF THE POSSESSION, TRANSPORTATION OR SHIPMENT IS NOT PROHIBITED BY FEDERAL LAW.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20246DJC99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 16-23-220 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-23-220. It is unlawful for a person to transport from one place to another in this State or for any railroad company, express company, or other common carrier or any officer, agent, or employee of any of them or other person acting in their behalf knowingly to ship or to transport from one place to another in this State a machine gun or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections Section 16-23-250 and 23-31-330 Article 5, Chapter 31, Title 23.
A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260."
SECTION 2. Section 16-23-230 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-23-230. It is unlawful for a person to store, keep, possess, or have in possession or permit another to store, keep, possess, or have in possession a machine gun or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections Section 16-23-250 and 23-31-330 Article 5, Chapter 31, Title 23.
A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260."
SECTION 3. Section 16-23-240 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-23-240. It is unlawful for a person to sell, rent, give away, or participate in any manner, directly or indirectly, in the sale, renting, giving away, or otherwise disposing of a machine gun, or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections Section 16-23-250 and 23-31-330 Article 5, Chapter 31, Title 23.
A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260."
SECTION 4. Section 23-31-370 of the 1976 Code, as last amended by Act 564 of 1990, is further amended to read:
"Section 23-31-370. (A) A person licensed pursuant to 18 U.S.C. Section 921, et seq. may possess, store, keep, transport, or sell a machine gun in this State after securing a special limited license from the South Carolina Law Enforcement Division.
(a)(B) The South Carolina Law Enforcement Division may issue a special limited license for the possession, transportation, and sale of machine guns in this State to persons:
(1) who are authorized representatives of a machine gun manufacturer or dealer engaged in demonstrating and selling them to agencies authorized by law to possess them,; or
(2) who are engaged in professional movie-making or providing services to professional movie-makers who use machine guns as regulated by this article in the course of creating movie 'special effects'; or
(3) who are dealers licensed pursuant to 18 U.S.C. Section 921, et seq. for manufacturing, possession, transportation, or sale of machine guns.
(b)(C) Applications for the special license authorized by this section must be on a form prescribed by the division, duly sworn to, containing the applicant's full name, date, and place of birth, social security number, business and residence address, a record of any criminal charges filed against the applicant in the United States for other than traffic law violations and the disposition of the charges, a description of the machine guns to be possessed, transported, or sold in this State, including their make and serial numbers, the sites within the State to which the machine guns will be transported, and such other information the division considers necessary to implement this section.
(D) A person licensed pursuant to this section is prohibited from selling machine guns to agencies or persons other than those authorized by this article to possess machine guns.
(c)(E) The division may issue a special license pursuant to this section if it determines that the applicant has not been convicted of any offense other than traffic violations and the applicant clearly qualifies under item (1) or (2) of subsection (a)(A) of this section and is qualified by federal and state law to possess a firearm. The special license is valid for a specified period not to exceed six twenty-four months which must be stated on the license and renewal applications must be filed with the division on a form approved by the division containing information the division considers necessary to implement this section.
(F) A person licensed under this section must report, on a form approved by the division, to the division all sales or transfers of machine guns to other persons or agencies. The form must contain the full name, date, and place of birth, social security number, business and residence address of the buyer or transferee, and a description of the machine guns transferred, including their make and serial numbers and such information the division considers necessary to implement this section.
(d)(G) Any A person who knowingly and wilfully makes any false statement for the purpose of obtaining the special license or possessing a machine gun, or who violates its the terms of the license, in addition to any other penalty provided by law, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than two years, or both.
(H) The division may suspend or revoke a license issued under this section if it determines that the license holder has made any false statement to obtain the license or has violated the provisions of this section or becomes a person prohibited under federal or state law from possessing a firearm."
SECTION 5. This act takes effect upon approval by the Governor./
AMEND TITLE TO READ:
/TO AMEND SECTION 16-23-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL TRANSPORTATION OF A MACHINE GUN, MILITARY FIREARM, SAWED-OFF SHOTGUN OR RIFLE WITHIN THE STATE, SO AS TO FURTHER PROVIDE FOR PENALTIES; TO AMEND SECTION 16-23-230, AS AMENDED, RELATING TO UNLAWFUL STORING, KEEPING, OR POSSESSING A MACHINE GUN, MILITARY FIREARM, SAWED-OFF SHOTGUN, OR RIFLE, SO AS TO FURTHER PROVIDE FOR PENALTIES; TO AMEND SECTION 16-23-240, AS AMENDED, RELATING TO UNLAWFUL SALE, RENTAL, OR GIVING AWAY OF A MACHINE GUN, MILITARY FIREARM, SAWED-OFF SHOTGUN, OR RIFLE, SO AS TO FURTHER PROVIDE FOR PENALTIES; AND TO AMEND SECTION 23-31-370, AS AMENDED, RELATING TO SPECIAL LIMITED LICENSES FOR POSSESSION, TRANSPORTATION, AND SALE OF MACHINE GUNS, SO AS TO PROVIDE THAT A PERSON LICENSED PURSUANT TO FEDERAL LAW MAY POSSESS, STORE, KEEP, TRANSPORT, OR SELL A MACHINE GUN IN THIS STATE AFTER SECURING A SPECIAL LIMITED LICENSE FROM THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, TO PROHIBIT THE SALE OF MACHINE GUNS TO AGENCIES OR PERSONS NOT AUTHORIZED TO POSSESS MACHINE GUNS, TO REQUIRE CERTAIN INFORMATION PERTAINING TO LICENSEES AND CONCERNING THE SALE OR TRANSFER OF MACHINE GUNS BE PROVIDED TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, TO PROVIDE FOR SUSPENSION AND REVOCATION OF LICENSES ISSUED UNDER THIS SECTION, AND TO PROVIDE PENALTIES. /
Renumber sections to conform.
Amend totals to conform.
Rep. EASTERDAY explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Beck Bowers Brown G. Brown H. Brown J. Brown T. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gourdine Hamilton Harrell Harris Harrison Haskins Hines J. Hines M. Hinson Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Loftis Lucas Maddox Martin Mason McCraw McGee McKay McLeod M. McLeod W. Meacham Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Rice Riser Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith J. Smith R. Stille Stuart Taylor Townsend Tripp Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Lloyd Mack McMahand Trotter
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. EASTERDAY asked unanimous consent that H. 3079 be read a third time tomorrow.
Rep. SCOTT objected.
The following Bill was taken up:
H. 3056 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 22-2-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO APPEAR FOR JURY SERVICE IN MAGISTRATE'S COURT AND THE FREQUENCY OF JURY SERVICE SO AS TO PROVIDE THAT A PERSON SHALL NOT SERVE ON A JURY MORE THAN ONCE EVERY THREE YEARS RATHER THAN ONCE EVERY THREE MONTHS.
Rep. FLEMING proposed the following Amendment No. 2, which was tabled.
Amend the bill, as and if amended, in Section 22-2-130 as contained in Section 1, on line 31, page 1 by striking /one/ and inserting /three/
Renumber sections to conform.
Renumber title to conform.
Rep. FLEMING explained the amendment.
Rep. SCOTT spoke against the amendment.
Rep. TRIPP moved to table the amendment.
The amendment was then tabled by a division vote of 75 to 5.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Askins Bailey Bales Barrett Battle Bauer Beck Bowers Breeland Brown H. Brown T. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Hamilton Harrell Harris Harrison Haskins Hines J. Hinson Inabinett Jennings Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Lloyd Loftis Lucas Martin McCraw McLeod M. McLeod W. Meacham Moody-Lawrence Neal Neilson Ott Parks Rice Riser Robinson Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith J. Smith R. Stille Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Lee McMahand Smith F.
So, the Bill was read the second time and ordered to third reading.
On motion of Rep. COTTY with unanimous consent, it was ordered that H. 3056 be read the third time tomorrow.
The following Bill was taken up:
H. 3188 (Word version) -- Reps. Knotts, Edge, Rodgers, Whatley and Simrill: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name \GGS\AMEND\22179CM99).
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 Act 497 of 1994, is further amended to read:
"Section 56-5-1520. (a) General rule. (A) No 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 are posted;
(2) sixty miles an hour on multilane divided primary highways where official signs giving notice of this speed limit are posted;
(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 and unpaved roads are limited to the speed of forty miles an hour; and
(4) manufactured, modular, or mobile homes must not be transported at a speed in excess of ten miles below the maximum posted speed limit when the maximum posted speed limit is in excess of forty-five miles an hour, and never in excess of fifty-five miles an hour.
(C) Thirty miles an hour is the maximum speed in an urban district. '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) A local authority on the basis of an engineering and traffic investigation may determine that the maximum speed limit permitted under this article is less than thirty miles an hour in an urban district. If this determination is made, the maximum speed limit for the urban district is enforceable by all law enforcement officers authorized to enforce the traffic laws in the urban district. However, this subsection does not apply to highways within the state highway system contained in Section 56-5-1530.
(E) 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. (F) 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 (G) 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) Any (H) 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) (I) In expending the funds credited to the state general fund from fines generated under subsection (d) (G), the department first shall consider the need for additional highway patrolmen."
SECTION 2. Section 56-5-1535 of the 1976 Code is amended to read:
"(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 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. Sections 56-5-1510 and 57-3-175 of the 1976 Code are repealed.
SECTION 7. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. F. SMITH moved to adjourn debate on the Bill until Tuesday, March 9, which was agreed to.
Rep. STUART moved that the House recur to the morning hour, which was agreed to.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3028 (Word version) -- Reps. Littlejohn, Simrill, Rodgers, Walker, McGee and Riser: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT ONE PERSONAL MOTOR VEHICLE OWNED OR LEASED BY A PERSON WHO IS LEGALLY BLIND AND TO DEFINE "LEGALLY BLIND".
Ordered for consideration tomorrow.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3679 (Word version) -- Rep. T. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-5-80 SO AS TO REQUIRE A WELFARE RECIPIENT TO MEET FOR ONE HOUR EACH SEMESTER WITH AT LEAST ONE TEACHER OF EACH OF THE RECIPIENT'S CHILDREN; TO REQUIRE THE PARENT AND SCHOOL PRINCIPAL TO SIGN A FORM IN DUPLICATE AT THE TIME OF THE PARENT AND TEACHER VISIT; TO TERMINATE WELFARE FOR ONE MONTH IF A RECIPIENT FAILS TO COMPLY WITH THIS SECTION; TO AUTHORIZE A WAIVER UNDER CERTAIN CIRCUMSTANCES; AND TO PROVIDE FOR A HEARING IF TERMINATION IS CONTESTED.
Referred to Committee on Education and Public Works
H. 3680 (Word version) -- Rep. Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-225 SO AS TO PROVIDE THAT A BANK, FINANCIAL ORGANIZATION, OR OTHER ENTITY ISSUING A CREDIT OR DEBIT CARD MAY NOT HOLD OR BLOCK FROM THE UNDERLYING ACCOUNT OR LINE OF CREDIT MORE THAN ONE HUNDRED PERCENT OF THE AMOUNT OR VALUE OF A PURCHASE OR TRANSACTION ENTERED INTO BY THE HOLDER OR ANOTHER AUTHORIZED USER OF THE CREDIT OR DEBIT CARD.
Referred to Committee on Labor, Commerce and Industry
H. 3681 (Word version) -- Reps. Knotts, Whatley, Bauer, Lourie, J. Brown, Clyburn, Davenport, Moody-Lawrence and Neilson: A BILL TO AMEND TITLE 39 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 SO AS TO REINSTATE THE SOUTH CAROLINA CEMETERY BOARD AND TO FURTHER PROVIDE FOR THE LICENSING AND REGULATION OF CEMETERY COMPANIES UNDER THE SECRETARY OF STATE AND TO REPEAL CHAPTER 55, TITLE 39, RELATING TO THE LICENSURE AND REGULATION OF CEMETERIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3682 (Word version) -- Reps. Hinson, Gamble, M. McLeod, Altman, Simrill and Leach: A BILL TO AMEND SECTION 20-7-7805, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITIONAL POWERS OF THE FAMILY COURT IN JUVENILE PROCEEDINGS, SO AS TO AUTHORIZE THE COURT TO EXTEND PROBATION TO THE JUVENILE'S NINETEENTH BIRTHDAY AND TO ASSESS A FEE AGAINST THE JUVENILE DURING THIS EXTENSION; AND TO REQUIRE THE DEPARTMENT OF JUVENILE JUSTICE TO REPORT TO THE GENERAL ASSEMBLY ON THE FISCAL IMPACT OF SUCH EXTENSIONS OF PROBATION DURING FISCAL YEAR 1999-2000.
Referred to Committee on Judiciary
H. 3683 (Word version) -- Reps. Hinson, Knotts, Altman, Gamble, Leach and McKay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-115 SO AS TO PROVIDE THAT ALL PERSONS APPLYING FOR EMPLOYMENT IN ANY CAPACITY WITHIN ANY PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT SHALL BE REQUIRED TO SUBMIT FINGERPRINTS FOR THE PURPOSE OF A BACKGROUND INVESTIGATION AND A CRIMINAL HISTORY CHECK.
Referred to Committee on Education and Public Works
On motion of Rep. STUART, with unanimous consent, the following Bill was ordered recalled from the Orangeburg Delegation:
S. 487 (Word version) -- Senators Matthews and Hutto: A BILL TO REVISE THE ELECTION DISTRICTS AND METHOD OF ELECTING THE MEMBERS OF THE BOARD OF TRUSTEES OF ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICT FIVE AND TO CHANGE THE MANNER FOR FILLING VACANCIES ON THE BOARDS OF TRUSTEES OF THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS AND THE ORANGEBURG COUNTY BOARD OF TRUSTEES.
Rep. SANDIFER moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3623 (Word version) -- Reps. J. Brown, Howard and Neal: A CONCURRENT RESOLUTION RECOGNIZING THE REVEREND DOCTOR WESTBERRY HOMER NEAL OF RICHLAND COUNTY FOR HIS MORE THAN HALF CENTURY OF FAITHFUL SERVICE AS A PASTOR, DEDICATED EDUCATOR, AND LIFE-LONG HUMANITARIAN, AND CONGRATULATING HIM UPON RECEIVING THE NATIONAL ALUMNI COUNCIL OF THE UNITED NEGRO COLLEGE FUND, INC.'S OUTSTANDING ALUMNUS AWARD.
H. 3624 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND THE PEOPLE, PROGRAMS, AND PARTNERSHIPS THAT ARE MAKING SOUTH CAROLINA'S JUVENILE JUSTICE SYSTEM WORK, ON THE OCCASION OF THE OBSERVANCE AND CELEBRATION OF SOUTH CAROLINA'S JUVENILE JUSTICE WEEK, MARCH 1-7, 1999.
H. 3644 (Word version) -- Reps. Clyburn, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING CLARENCE W. DICKERT, DISTRICT SUPERINTENDENT OF EDGEFIELD COUNTY SCHOOLS, ON HIS NOMINATION FOR THE "SOUTH CAROLINA RURAL EDUCATOR OF THE YEAR" AWARD AND HIS APPOINTMENT TO THE STATE BOARD OF EDUCATION, AND COMMENDING HIM FOR HIS PROFESSIONALISM AND HIS DEDICATION TO PUBLIC EDUCATION.
H. 3660 (Word version) -- Rep. Battle: A CONCURRENT RESOLUTION TO CONGRATULATE DR. ROBERT F. TESTIN OF OCONEE COUNTY ON BEING CHOSEN TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
H. 3662 (Word version) -- Reps. Govan, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION PROUDLY RECOGNIZING AND HEARTILY CONGRATULATING SOUTH CAROLINA NATIVE DR. ROBERT FURCHGOTT ON HIS AWARD OF THE 1998 NOBEL PRIZE FOR MEDICINE DECEMBER 10, 1998, AT CEREMONIES IN STOCKHOLM, SWEDEN.
At 11:20 A.M. the House in accordance with the motion of Rep. H. BROWN adjourned in memory of Arthur Fusco of Columbia, father of Frank Fusco, to meet at 10:00 A.M. tomorrow.
This web page was last updated on Friday, June 26, 2009 at 9:26 A.M.