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:
Eternal God and Father, Who reveals Yourself in wisdom, the true and the beautiful, take the dimness of our vision away. Give meaning to our words, sincerity to our purpose and courage to our efforts. May we make this day beautiful with loyalty and dedication to the finest. When problems seem insurmountable, when our fairest dreams seem to sink into the sands of futility, may we labor on, sure and certain, knowing that when we are co-laborers with our God, even in hopes deferred, the joy of certain victory will inevitably come. To You, Lord, we give 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. J. BROWN moved that when the House adjourns, it adjourn in memory of Judge Walter Jones, which was agreed to.
On motion of Rep. QUINN, with unanimous consent, the following were taken up for immediate consideration and accepted:
February 25, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Conservation Policy Initiative would like to invite the entire South Carolina House of Representatives to a legislative breakfast that we are having at the Capitol City Club, Affinity Building, on March 25, 1999, at 8:00 A.M.
Please let me know if you need anymore information.
Sincerely,
Rebecca Ramos
Conservation Director
March 2, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Transportation Association of South Carolina would like to invite the members of the Senate and the House of Representatives to the 1999 annual TASC Legislative Breakfast on April 14, 1999. The Breakfast will be buffet from 8:00 A.M. - 8:45 A.M. at the Clarion Town House, 1615 Gervais Street in Columbia. There will be a very brief presentation of the association legislative agenda and an opportunity for the Senators and Representatives to have breakfast with leaders from their home district. I look forward to seeing all of you there.
Sincerely,
Derek Truesdale
Executive Director, TASC
February 26, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the South Carolina Association of Tourism Regions (SCATR), I would like to extend an invitation to the members of the SC House of Representatives and members of their staff to a reception on Tuesday, April 27, 1999, from 6 until 8 P.M. at the Sterling Garden Center in Columbia.
We look forward to you being with us and for the opportunity to showcase the many attractions, sites and events that our great State offers its visitors.
Thank you for allowing us to host this function and for your work in the House of Representatives.
Sincerely,
Tim Todd, Chair
Legislative Committee
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 495 (Word version) -- Senators Elliott and Rankin: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE OVER THE INTRACOASTAL WATERWAY IN THE RESTAURANT ROW AREA OF HORRY COUNTY IN HONOR OF MR. WILLIAM H. ALFORD.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 3029 (Word version) -- Rep. Mason: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 75 SO AS TO PROVIDE FOR THE REGULATION OF THE SALE OF REGROOVED AND REGROOVABLE TIRES.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 3304 (Word version) -- Rep. Easterday: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER AND TO ESTABLISH PENALTIES.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 3535 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 27-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "BUILDING", "GENERAL COMMON ELEMENTS", AND "PROPERTY" IN THE HORIZONTAL PROPERTY ACT, SO AS TO EXTEND THE MEANINGS OF THESE TERMS TO APPLY TO PROPOSED OR ANTICIPATED CONSTRUCTION, AS WELL AS EXISTING CONSTRUCTION OR STRUCTURES; TO AMEND SECTION 27-31-30, RELATING TO THE PROVISIONS APPLICABLE TO THE ESTABLISHMENT OF A HORIZONTAL PROPERTY REGIME, SO AS TO PROVIDE THAT PROPERTY MAY BE SUBMITTED TO SUCH A REGIME PRIOR TO CONSTRUCTION OR THE COMPLETION OF ANY BUILDING OR APARTMENT, IMPROVEMENTS, OR STRUCTURES ON THE PROPERTY; TO AMEND SECTION 27-31-100, AS AMENDED, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE CONTENTS OF THE MASTER DEED OR LEASE, SO AS TO PROVIDE THAT THE MASTER DEED OR LEASE SHALL SET FORTH THE DESCRIPTION OF THE LAND, WHETHER LEASED OR IN FEE SIMPLE, AND THE BUILDING OR BUILDINGS IN EXISTENCE OR TO BE CONSTRUCTED, IF APPLICABLE, AND THEIR RESPECTIVE AREAS; AND TO AMEND SECTION 27-31-110, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE REQUIREMENT THAT THE PLOT PLAN AND BUILDING PLAN ACCOMPANY THE MASTER DEED OR LEASE, SO AS TO EXTEND THE PROVISIONS OF THE SECTION TO PROPOSED OR ANTICIPATED BUILDINGS OR CONSTRUCTION, AS WELL AS BUILDINGS OR CONSTRUCTION ALREADY EXISTING.
Ordered for consideration tomorrow.
The following was introduced:
H. 3688 (Word version) -- Reps. Inabinett, Sharpe, Kennedy, Bales, Barfield, Battle, Breeland, J. Brown, T. Brown, Canty, Cobb-Hunter, Gourdine, Jennings, Kelley, Lloyd, Mack, M. McLeod, W. McLeod, Miller, Moody-Lawrence, Neal, Neilson, Phillips, Pinckney, Rutherford, Vaughn, Whatley, Whipper and Wilkes: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO EXTEND THE OLDER AMERICANS ACT (OAA) FOR NOT LESS THAN THREE YEARS AND TO INCREASE THE OAA'S FUNDING BY AT LEAST EIGHT PERCENT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3689 (Word version) -- Reps. Inabinett, Sharpe, Littlejohn, Bailey, Bales, Barfield, Bowers, Breeland, J. Brown, T. Brown, Canty, Cobb-Hunter, Davenport, Emory, Gourdine, Jennings, Kennedy, Lloyd, Mack, M. McLeod, W. McLeod, Moody-Lawrence, Neal, Neilson, Pinckney, Rutherford, Whatley, Whipper and Wilkes: A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT AND CONGRESS TO PROTECT THE INTEGRITY OF SOCIAL SECURITY AND TO TAKE CERTAIN DEFINITE, ENUMERATED STEPS OF RESPONSIBILITY AIMED AT STRENGTHENING AND PROTECTING THE SOCIAL SECURITY SYSTEM.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 573 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME ROAD S-14-547 IN CLARENDON COUNTY BETWEEN HIGHWAY 260 AND ROAD S-14-25 AS "JOSEPH LEMON AND DINGLE ROAD" IN HONOR OF THE LATE JOSEPH LEMON AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THIS ROAD REFLECTING THE DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 582 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE THE SANTEE FIRE SERVICE DISTRICT FOR THEIR TWENTIETH YEAR ANNIVERSARY CELEBRATION AND TO RECOGNIZE THE HARD WORK AND DEDICATION OF THOSE INDIVIDUALS WHO, OVER THE PAST TWENTY YEARS, PROVIDED FIRE SERVICES TO PROTECT THE LIVES AND PROPERTY OF THE RESIDENTS OF THE SANTEE FIRE SERVICE DISTRICT.
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. 3690 (Word version) -- Reps. Limehouse and Altman: A BILL TO AMEND SECTION 50-13-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OR TRAFFIC IN CERTAIN GAME FISH, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO SELL, OFFER FOR SALE, BARTER, TRAFFIC IN, OR PURCHASE SWORDFISH, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3691 (Word version) -- Reps. Gilham, Kelley, Lloyd, Pinckney and Rodgers: A BILL TO AMEND SECTION 27-31-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE PROVISION THAT THE HORIZONTAL PROPERTY REGIME MAY BE WAIVED AND MERGED, SO AS TO PROVIDE THAT IN THE CASE OF NONPROFIT LONG-TERM CARE RETIREMENT OR LIFE CARE FACILITIES WHERE THERE ARE CO-OWNERS, THEN A TWO-THIRDS VOTE, RATHER THAN A UNANIMOUS VOTE, OF THE CO-OWNERS SUFFICES TO WAIVE THE REGIME.
Referred to Committee on Judiciary
H. 3692 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Pinckney: A BILL TO AMEND ARTICLE 5, CHAPTER 3, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF CIVIL ACTIONS, BY ADDING SECTION 15-3-548 SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT AND ACTIONS FOR BATTERY MUST BE COMMENCED WITHIN FOUR YEARS; AND TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR ASSAULT AND AN ACTION FOR BATTERY.
Referred to Committee on Judiciary
H. 3693 (Word version) -- Reps. J. Smith and Lourie: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO PROVIDE FOR ADDITIONAL DEFINITIONS, TO PROVIDE THAT A TELEPHONE SOLICITOR WHO MAKES AN UNSOLICITED CONSUMER TELEPHONE CALL MUST DISCLOSE PROMPTLY TO THE PERSON RECEIVING THE CALL THE IDENTITY OF THE SELLER, THAT THE PURPOSE OF THE CALL IS TO SELL GOODS OR SERVICES, THE NATURE OF THE GOODS OR SERVICES, THAT NO PURCHASE OR PAYMENT IS NECESSARY TO WIN OR PARTICIPATE IN A PRIZE PROMOTION IF A PRIZE PROMOTION IS OFFERED, AND THAT, WHEN REQUESTED, THE TELEMARKETER MUST DISCLOSE THE NO PURCHASE/NO PAYMENT ENTRY METHOD FOR THE PRIZE PROMOTION, AND TO REVISE THE METHOD BY WHICH THE CALLED PARTY'S NAME MAY BE DELETED FROM THE SOLICITOR'S CALLING LIST.
Referred to Committee on Labor, Commerce and Industry
H. 3694 (Word version) -- Rep. Law: A BILL TO AMEND SECTION 12-49-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF A TAX SALE TO A MORTGAGEE OR ASSIGNEE OF A MORTGAGE, SECTION 12-51-40, AS AMENDED, RELATING TO PROCEDURES FOR COLLECTING DELINQUENT PROPERTY TAXES, AND SECTION 12-51-120, AS AMENDED, RELATING TO NOTICE TO THE CURRENT OWNER OF REAL PROPERTY OF THE RIGHT OF REDEMPTION OF THE PROPERTY AFTER ITS SALE FOR TAXES ALL SO AS TO REQUIRE THAT THE CERTIFIED MAILED NOTICE TO AN INDIVIDUAL BE BY "RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED", PURSUANT TO CERTAIN UNITED STATES POSTAL SERVICE REGULATIONS, SPECIFYING THAT THE NOTICE TO AN ENTITY, RATHER THAN TO AN INDIVIDUAL, MUST BE BY CERTIFIED MAIL, "RETURN RECEIPT REQUESTED", TO THE LAST KNOWN POST OFFICE ADDRESS, WITHOUT A DESIGNATION OF "RESTRICTED DELIVERY", AND TO CONFORM THE MAILING REQUIREMENTS TO UNITED STATES POSTAL SERVICE PRACTICES.
Referred to Committee on Ways and Means
H. 3695 (Word version) -- Reps. Kelley, Wilder, Cooper and Keegan: A BILL TO AMEND SECTION 44-7-130, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REQUIRE THAT ALL FACILITIES ESTABLISHED TO PROVIDE RADIATION THERAPY ARE SUBJECT TO CERTIFICATE OF NEED REVIEW BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
On motion of Rep. KELLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3700 (Word version) -- Reps. Davenport, J. Hines, Inabinett, McCraw, Sharpe, Simrill, R. Smith, Stille and Whipper: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO ALLOW UP TO NINETY DAYS OF A MEMBER'S UNUSED SICK LEAVE TO BE USED TO QUALIFY FOR THE CREDITED SERVICE REQUIREMENTS FOR SERVICE RETIREMENT.
Referred to Committee on Ways and Means
H. 3701 (Word version) -- Reps. Davenport, Allison and Walker: A BILL TO AMEND SECTIONS 7-13-330, 7-13-1340, AND SECTION 7-13-1640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO DELETE THE PROVISIONS WHICH PROVIDE FOR STRAIGHT PARTY TICKET VOTING FOR GENERAL ELECTION BALLOTS, STRAIGHT PARTY TICKET VOTING ON ANY TYPE OF RECORDER, AND VOTING FOR ALL OF THE CANDIDATES OF ONE PARTY BY USE OF A VOTING MACHINE.
Referred to Committee on Judiciary
H. 3702 (Word version) -- Reps. Quinn, Barfield, Battle, Bowers, T. Brown, Dantzler, Davenport, Emory, Fleming, Harrison, Hinson, Inabinett, Koon, Loftis, Mason, McGee, Rhoad, Riser, Robinson, Simrill, Stille, Stuart, Taylor, Vaughn, Whatley, Whipper and Young-Brickell: A BILL TO AMEND SECTION 37-10-103, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS MADE ON A LOAN AGREEMENT SECURED BY A LIEN ON REAL ESTATE, SO AS TO DELETE THE ONE HUNDRED THOUSAND DOLLAR LIMIT AND ALLOW PREPAYMENT WITHOUT PENALTY OF A LOAN OF ANY AMOUNT SECURED BY A MORTGAGE.
Referred to Committee on Judiciary
H. 3703 (Word version) -- Reps. Breeland, G. Brown, J. Brown, T. Brown, Clyburn, Govan, J. Hines, Inabinett, Leach, Lloyd, McCraw, Phillips, Pinckney, Rutherford and Whipper: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 58 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR COUNTY VETERANS AFFAIRS OFFICERS.
Referred to Committee on Education and Public Works
H. 3704 (Word version) -- Reps. Whatley, Limehouse, Knotts, W. McLeod, Law, Leach, Tripp, Bailey, Barrett, H. Brown, Dantzler, Davenport, Gilham, Harrison, Hinson, Rodgers and Young-Brickell: A BILL TO AMEND SECTION 24-21-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PAROLE ORDER, SO AS TO PROVIDE THAT UPON A NEGATIVE DETERMINATION OF PAROLE, A PERSON CONFINED FOR COMMITTING A VIOLENT CRIME MUST HAVE HIS CASE REVIEWED EVERY FIVE YEARS INSTEAD OF TWO YEARS FOR THE PURPOSE OF A DETERMINATION OF PAROLE.
Referred to Committee on Judiciary
H. 3705 (Word version) -- Reps. Breeland, Bailey, G. Brown, J. Brown, T. Brown, Chellis, Clyburn, Dantzler, Gourdine, Govan, Harrison, Hayes, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Law, Lloyd, McGee, Miller, Moody-Lawrence, Neilson, F. Smith, R. Smith, Whipper and Young-Brickell: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3706 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PILOTAGE COMMISSION, RELATING TO PORT OF PORT ROYAL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2312, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3707 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PILOTAGE COMMISSION, RELATING TO PORT OF GEORGETOWN, SHORT BRANCH QUALIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2313, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3708 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PILOTAGE COMMISSION, RELATING TO PORT OF CHARLESTON, SHORT BRANCH QUALIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2322, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3709 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO ELEVATOR SAFETY, DEFINITION OF "SERIOUS INJURY", DESIGNATED AS REGULATION DOCUMENT NUMBER 2411, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3710 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO COMMERCIAL MOBILE RADIO SYSTEM SURCHARGE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2376, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3711 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, REAL ESTATE COMMISSION, RELATING TO VACATION TIME-SHARING, EDUCATIONAL PROVIDERS, AND REAL ESTATE PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2344, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3712 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BUILDING CODES COUNCIL, RELATING TO GOVERNMENT RESTRUCTURING AMENDMENTS AND RECERTIFICATION OF EXISTING BUILDINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2384, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3713 (Word version) -- Reps. Delleney and Wilkins: A BILL TO AMEND SECTION 2-19-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO PROVIDE THAT A PERSON MAY NOT SEEK MORE THAN ONE JUDICIAL VACANCY AT THE SAME TIME.
Referred to Committee on Judiciary
H. 3714 (Word version) -- Reps. Clyburn, Bailey, J. Brown, Gourdine, Govan, M. Hines, Lloyd, Pinckney and Stille: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO MAIL A FORM TO EACH LICENSED DRIVER PROVIDING INFORMATION ON THE CURRENT LAW AUTHORIZING THE DEPARTMENT TO SELL DRIVERS' PHOTOGRAPHIC OR DIGITIZED IMAGES FROM THEIR DRIVERS' LICENSE RECORDS AND GIVING EACH DRIVER THE OPTION TO PERMIT OR REFUSE TO HAVE THE DRIVER'S IMAGE SOLD OR DISTRIBUTED.
Referred to Committee on Education and Public Works
H. 3715 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 6-8-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF CERTIFICATES OF REGISTRATION FOR BUILDING CODE ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THESE CERTIFICATES ARE VALID FOR THE PERIOD STIPULATED BY REGULATION RATHER THAN FOR ONE YEAR; TO AMEND SECTIONS 6-9-50 AND 6-9-60, BOTH AS AMENDED, BOTH RELATING TO MANDATORY ADOPTION OF CERTAIN NATIONALLY KNOWN CODES AND STANDARDS, SO AS TO REVISE WHICH CODES AND STANDARDS MUST BE ADOPTED AND TO DELETE A PROVISION RELATING TO CERTAIN CODES TAKING PRECEDENCE OVER OTHER CODES; AND TO AMEND SECTION 38-7-35, RELATING TO FUNDING OF TRAINING AND EDUCATION PROGRAMS FOR BUILDING CODE ENFORCEMENT OFFICERS, SO AS TO REQUIRE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO REPORT ON THE USE OF SUCH FUNDS EVERY JULY FIFTEENTH RATHER THAN JANUARY FIFTEENTH.
Referred to Committee on Labor, Commerce and Industry
H. 3716 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 23-43-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROMULGATION OF REGULATIONS BY THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO REVISE A REFERENCE TO CERTAIN BUILDING CODES AND STANDARDS THAT MUST BE INCORPORATED INTO THE REGULATIONS; TO AMEND SECTION 23-43-60, AS AMENDED, RELATING TO ESTABLISHMENTS AND AUTHORITY OF THE MODULAR BUILDINGS BOARD OF APPEALS, SO AS TO ELIMINATE THIS BOARD AND TRANSFER ITS AUTHORITY TO THE SOUTH CAROLINA BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-110, AS AMENDED, RELATING TO THE SUSPENSION AND REVOCATION OF MODULAR BUILDING CERTIFICATIONS, SO AS TO PROVIDE THAT APPEALS MUST BE MADE TO THE BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-120, AS AMENDED, RELATING TO VARIANCE ORDERS, SO AS TO REPLACE REFERENCES TO THE MODULAR BUILDINGS BOARD OF APPEALS WITH REFERENCES TO THE BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-130 RELATING TO LOCAL ENFORCEMENT OF THE PROVISIONS OF CHAPTER 43, TITLE 23, BY LOCAL BUILDING OFFICIALS, SO AS TO DELETE A PROVISION DESIGNATING ALTERNATIVE SOURCES FOR ENFORCEMENT IN LOCALITIES WITH NO BUILDING OFFICIAL; TO AMEND SECTION 23-43-150, AS AMENDED, RELATING TO LICENSING SELLERS OF MODULAR BUILDING UNITS, SO AS TO MAKE LICENSURE BIENNIAL, AND TO DELETE PROVISIONS RELATING TO FEES BEING ESTABLISHED BY THE BUILDING CODES COUNCIL AND TO THE ADDRESS TO WHICH THE LICENSE MUST BE SENT; AND TO REPEAL SECTION 23-43-140 RELATING TO EXAMINATIONS BY THE BUILDING CODES COUNCIL OF MODULAR BUILDINGS UPON COMPLAINT RELATING TO VIOLATIONS OF REGULATIONS.
Referred to Committee on Labor, Commerce and Industry
H. 3717 (Word version) -- Rep. Battle: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 82 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF LIQUID PETROLEUM GAS DEALERS, TRANSPORTERS, AND EQUIPMENT INSTALLERS, TO RE-ESTABLISH THE LIQUID PETROLEUM GAS BOARD AND INCREASE ITS MEMBERSHIP FROM FIVE TO SEVEN; TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD; TO CONFORM THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 43 OF TITLE 39 RELATING TO THE LICENSURE AND REGULATION OF LIQUID PETROLEUM GAS ACTIVITIES.
Referred to Committee on Labor, Commerce and Industry
H. 3720 (Word version) -- Rep. Bauer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-4-65 SO AS TO PROVIDE THAT IN THE EVENT THE STATE OF SOUTH CAROLINA DETERMINES BY LAW OR OTHERWISE THAT THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM AND ITS FUND SHOULD BE DISCONTINUED AND ALL TUITION PREPAYMENT CONTRACTS CANCELED, CONTRIBUTORS SHALL BE ENTITLED TO A REFUND OF ALL PAYMENTS TO THE FUND PLUS INTEREST ON THESE CONTRIBUTIONS AT THE RATE OF FOUR PERCENT PER ANNUM, AND TO PROVIDE THAT IF THE FUND DOES NOT HAVE SUFFICIENT MONIES TO MAKE SUCH REFUNDS, THE DEFICIENCIES SHALL BE PAID FROM THE GENERAL FUND OF THE STATE.
Referred to Committee on Education and Public Works
S. 80 (Word version) -- Senators Matthews, Passailaigue, Elliott, Hutto, Glover, Washington, Reese, Patterson, Courson, Moore, Holland, Saleeby, Giese, McGill, Jackson, Ford, Short, Land and Anderson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 43 SO AS TO CREATE THE SOUTH CAROLINA COMMUNITY ECONOMIC DEVELOPMENT COMMISSION FOR THE PURPOSE OF CERTIFYING ENTITIES AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS, TO PROVIDE FOR THE APPOINTMENT OF COMMISSION MEMBERS AND THE OPERATION OF THE COMMISSION, AND TO DEFINE COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS; AND TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-6-3520 SO AS TO PROVIDE A TAX CREDIT EQUAL TO FIFTY PERCENT OF A TAXPAYER'S INVESTMENT IN A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION, UP TO A MAXIMUM OF FOURTEEN MILLION DOLLARS FOR ALL TAXPAYERS FOR ALL TAXABLE YEARS.
Referred to Committee on Labor, Commerce and Industry
S. 177 (Word version) -- Senator Jackson: A BILL TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMBLEMS, PLEDGES TO THE STATE, AND OFFICIAL OBSERVANCES, BY ADDING SECTION 1-1-687 SO AS TO DESIGNATE THE "SPIRITUAL" AS THE OFFICIAL MUSIC OF THE STATE.
Referred to Committee on Judiciary
S. 376 (Word version) -- Senator Anderson: A BILL TO AMEND SECTION 15-78-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCEPTIONS FROM LIABILITY FOR GOVERNMENTAL ENTITIES UNDER THE GOVERNMENTAL TORT CLAIMS ACT, SO AS TO EXEMPT COUNTY SHERIFFS' DEPARTMENTS AND MUNICIPAL LAW ENFORCEMENT DEPARTMENTS FROM LIABILITY WHEN ESCORTING FUNERAL PROCESSIONS.
Referred to Committee on Judiciary
S. 404 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF LITTERING, SO AS TO INCREASE FROM FIVE TO FIFTEEN THE MINIMUM HOURS A PERSON MAY BE REQUIRED TO PERFORM LITTER-GATHERING LABOR OR OTHER FORM OF PUBLIC SERVICE IF CONVICTED OF THE OFFENSE OF LITTERING.
Referred to Committee on Judiciary
S. 562 (Word version) -- Senators Moore, J. Verne Smith, Bryan, Giese, Thomas, Jackson, Short, Alexander, Rankin, O'Dell and McConnell: A BILL TO AMEND SECTION 44-7-130, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REQUIRE THAT ALL FACILITIES ESTABLISHED TO PROVIDE RADIATION THERAPY ARE SUBJECT TO CERTIFICATE OF NEED REVIEW BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
On motion of Rep. KELLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
On motion of Rep. KLAUBER, with unanimous consent, the following was taken up for immediate consideration:
H. 3718 (Word version) -- Reps. Klauber, Carnell, Parks and Stille: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE FOOTBALL TEAM, COACHES, SUPPORT PERSONNEL, AND OFFICIALS OF EMERALD HIGH SCHOOL OF GREENWOOD COUNTY, ON A DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1998 CLASS AA STATE FOOTBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the football team, coaches, support personnel, and officials of Emerald High School of Greenwood County, on a date and at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1998 Class AA state football championship.
The Resolution was adopted.
The following was introduced:
H. 3719 (Word version) -- Reps. Klauber, Carnell, Parks and Stille: A CONCURRENT RESOLUTION CONGRATULATING THE GRIDIRON VIKINGS OF EMERALD HIGH SCHOOL OF GREENWOOD COUNTY ON WINNING THE 1998 CLASS AA STATE FOOTBALL CHAMPIONSHIP.
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 Bailey Bales Barfield Barrett Battle Bauer Beck Bowers Breeland Brown G. Brown J. Brown T. Campsen Canty Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Hamilton Harrell Harrison Harvin Hawkins Hayes Hines J. Hines M. Hinson Howard Inabinett Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin Mason McCraw McGee McKay McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Ott Parks Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Sharpe Sheheen Simrill Smith D. Smith F. Smith J. Smith R. Stille Taylor Townsend Tripp Trotter Vaughn Webb Whatley Wilder Wilkes Wilkins Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, March 10.
Denny Neilson William Witherspoon Elsie Stuart Anthony Harris Terry Haskins Ralph Davenport James Law Jerry Govan Douglas Jennings Joseph Neal Jackson Whipper Henry Brown
LEAVE OF ABSENCE
The SPEAKER granted Rep. SEITHEL a leave of absence for the day due to illness.
Announcement was made that Dr. Larry Winn of Easley is the Doctor of the Day for the General Assembly.
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. 3559 (Word version)
Date: ADD:
03/10/99 BAILEY
Bill Number: H. 3585 (Word version)
Date: ADD:
03/10/99 ALTMAN
Bill Number: H. 3673 (Word version)
Date: ADD:
03/10/99 RISER
Bill Number: H. 3158 (Word version)
Date: ADD:
03/10/99 LEACH
Bill Number: H. 3153 (Word version)
Date: ADD:
03/10/99 RICE
Bill Number: H. 3670 (Word version)
Date: ADD:
03/10/99 RUTHERFORD
Bill Number: H. 3128 (Word version)
Date: REMOVE:
03/10/99 BAUER
Rep. WILKINS presented to the House former Representative Joe McMaster recognizing his service in the House.
Rep. WILKINS presented to the House former Representative Wilbur Cave recognizing his service in the House.
The following Bill was taken up, read the second time, and ordered to a third reading:
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.
The following Bill was read the third time, passed and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and that it be enrolled for Ratification:
S. 322 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD CHESTERFIELD COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD CHESTERFIELD COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
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.
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.
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.
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".
The following Joint Resolution was taken up, read the third time, and ordered returned to the Senate with amendments:
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.
The following Bill was taken up:
H. 3158 (Word version) -- Reps. Campsen, Knotts, R. Smith, Loftis, Barfield, Tripp, Altman, Wilder, Easterday, Edge, Harrison, Robinson, Wilkins, J. Brown, Miller, Hamilton, Barrett, Rice, Cato, J. Smith, Delleney, Gilham, Lourie, Rhoad, Bailey, Sharpe, Kirsh, Bales, Jennings, M. Hines, Neilson, Kennedy, Cobb-Hunter, Ott, Hayes, Gourdine, J. Hines, Inabinett, Breeland, Lee, Moody-Lawrence, F. Smith, McMahand, Mack, Maddox, Riser, Simrill, Sandifer and Leach: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA RELIGIOUS FREEDOM ACT" UNDER WHICH THE STATE OF SOUTH CAROLINA AND ANY POLITICAL SUBDIVISION OF THE STATE IS PROHIBITED FROM BURDENING A PERSON'S CONSTITUTIONAL EXERCISE OF RELIGION EXCEPT UNDER CERTAIN CONDITIONS AND UNDER WHICH A PERSON WHOSE EXERCISE OF RELIGION HAS BEEN BURDENED IN VIOLATION OF THIS CHAPTER MAY ASSERT THAT VIOLATION AS A CLAIM OR DEFENSE IN A JUDICIAL PROCEEDING AND OBTAIN APPROPRIATE RELIEF AGAINST THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE.
Rep. CAMPSEN proposed the following Amendment No. 2:
Amend the bill, as and if amended, by inserting Section 1-32-45 to read:
/ Section 1-32-45. (A) for purposes of this chapter, a state or local correctional facility's regulation shall be deemed "in furtherance of a compelling state interest" if the facility demonstrates that:
(1) The religious activity sought to be engaged in by a prisoner is presumptively dangerous to the health or safety of that prisoner;
(2) The religious activity poses a direct threat to the health, safety, or security of other prisoners, correctional officials, or the public; or
(3) The religious activity requires the correctional facility to expend excessive public funds.
(B) A state or local correctional facility regulation may not be deemed the "least restrictive means" of furthering a compelling state interest if a reasonable accommodation can be made to protect the safety or security of prisoners, correctional officials, or the public./
Rep. CAMPSEN explained the amendment.
Rep. SCOTT raised a Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
Rep. CAMPSEN argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. CAMPSEN continued speaking.
Rep. STUART requested debate on the Bill.
Rep. CAMPSEN continued speaking.
Rep. COTTY spoke in favor of the amendment.
Rep. F. SMITH moved to table the amendment.
Rep. HOWARD demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Bowers Breeland Brown G. Campsen Clyburn Cobb-Hunter Davenport Delleney Easterday Emory Gourdine Hines J. Howard Lee Lloyd Lucas Mack McMahand Miller Moody-Lawrence Neilson Parks Pinckney Rice Robinson Rutherford Scott Smith F. Smith J. Wilkes Woodrum
Those who voted in the negative are:
Allen Allison Altman Bales Barfield Barrett Battle Beck Canty Carnell Cato Chellis Cooper Cotty Dantzler Edge Fleming Gamble Gilham Hamilton Harrell Harris Harrison Haskins Hawkins Hines M. Hinson Jennings Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lourie Maddox Martin Mason McCraw McGee McLeod M. McLeod W. Meacham Neal Ott Phillips Quinn Rodgers Sandifer Sharpe Simrill Smith D. Smith R. Stille Stuart Taylor Townsend Tripp Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Young-Brickell
So, the House refused to table the amendment.
Reps. SCOTT, F. SMITH, HOWARD, PINCKNEY, LLOYD, NEAL, EASTERDAY, MOODY-LAWRENCE, MCMAHAND, LEE, MCGEE, CAMPSEN, J. HINES, DAVENPORT, LEACH, R. SMITH, CLYBURN, MACK, LOFTIS and HAMILTON requested debate on the Bill.
Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, March 11, which was adopted:
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, Knotts and Rice: 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.
The following Bill was taken up:
H. 3379 (Word version) -- Reps. Wilkins, Cotty, Allen, Allison, Altman, Bailey, Bales, Barrett, Battle, Bauer, Beck, G. Brown, H. Brown, T. Brown, Campsen, Canty, Cave, Cobb-Hunter, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, Inabinett, Klauber, Knotts, Lanford, Leach, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, Mason, McCraw, McGee, McKay, M. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Ott, Phillips, Pinckney, Quinn, Rhoad, Rice, Rodgers, Sandifer, Sharpe, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stuart, Taylor, Tripp, Trotter, Walker, Webb, Whipper, Wilkes, Woodrum and Govan: A BILL TO ENACT "THE MAGISTRATES COURT REFORM ACT OF 1999" INCLUDING PROVISIONS TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT, WITH EXCEPTIONS, MAGISTRATES APPOINTED AFTER JANUARY 1, 2000, MUST HAVE, AT THE TIME OF APPOINTMENT, A FOUR-YEAR BACCALAUREATE DEGREE; TO ADD SECTION 22-1-12 SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL OBSERVATIONS PRIOR TO TRYING CASES; TO AMEND SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY SERVING AS MAGISTRATES, SO AS TO REQUIRE THAT MAGISTRATES APPOINTED AFTER JANAURY 1, 2000, MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE AND MUST PRESENT CERTIFIED PROOF TO THE SOUTH CAROLINA COURT ADMINISTRATION AND TO PROVIDE THAT MAGISTRATES SERVING ON JANUARY 1, 2000, SHALL NOT BE REQUIRED TO MEET THE HIGHER EDUCATION REQUIREMENTS OF SECTION 22-1-10 DURING THEIR TENURE IN OFFICE; TO ADD SECTION 22-1-17 SO AS TO ESTABLISH A TWO-YEAR PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; TO ADD SECTION 22-1-19 SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; TO AMEND SECTION 22-1-30, AS AMENDED, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME COURT; TO ADD SECTION 22-2-5 SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO AMEND SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUE AS AFFECTING NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION WITH APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; TO AMEND SECTION 22-3-10, AS AMENDED, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, SO AS TO RAISE THE JURISDICTIONAL AMOUNT TO SEVEN THOUSAND FIVE HUNDRED DOLLARS; TO AMEND SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; TO AMEND SECTION 8-21-1010, AS AMENDED, RELATING TO THE COLLECTION OF FEES AND COSTS BY MAGISTRATES, SO AS TO INCREASE CERTAIN FEES; TO AMEND SECTION 34-11-70, AS AMENDED, RELATING TO THE DISMISSAL OF FRAUDULENT CHECK CASES FOR CERTAIN REASONS, SO AS TO INCREASE THE ADMINISTRATIVE COSTS; TO AMEND SECTION 34-11-90, RELATING TO THE PUNISHMENT IN FRAUDULENT CHECK CASES, SO AS TO INCREASE THE COURT COSTS; AND TO REQUEST THE SUPREME COURT TO MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEES RECOMMENDING ADDITIONAL CHANGES IN THE MAGISTRATES' COURTS SYSTEM.
Reps. COTTY, HARRISON, ROBINSON, WHIPPER, ALTMAN, DAVENPORT, BARRETT, T. BROWN, ALLISON, D. SMITH, RISER, KELLEY, RODGERS, MARTIN, PHILLIPS, CAMPSEN, and INABINETT requested debate on the Bill.
The following Bill was taken up:
S. 357 (Word version) -- Senators Hayes and Giese: A BILL TO AMEND SECTION 17-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LAW ENFORCEMENT OFFICER'S JURISDICTION WHEN HE IS IN PURSUIT OF AN OFFENDER, SO AS TO EXPAND THE JURISDICTION OF COUNTY POLICE AUTHORITIES WHEN THEY PURSUE OFFENDERS WHO VIOLATE A COUNTY ORDINANCE OR STATE STATUTE.
Rep. HARRISON 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. 3685 (Word version) -- Reps. Harvin, Barfield, G. Brown, J. Brown, Canty, Dantzler, Gourdine, J. Hines, Hinson, Law, M. McLeod, Ott and Woodrum: A BILL TO AMEND SECTION 51-13-230, CODE OF LAWS OF S0UTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SANTEE COOPER COUNTIES PROMOTION COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO BORROW MONEY.
Rep. HARVIN explained the Bill.
Rep. QUINN 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.
Rep. KOON moved that H. 3696, the General Appropriation Bill, be set for Special Order on Monday, March 15, 1999, immediately after the call of the third reading statewide contested Calendar and immediately after roll call every day thereafter, and continue each day until given a second reading, and the Bill be set for Special Order for third reading immediately following the roll call and continue each day until final disposition, which was agreed to.
Rep. KOON moved that while debating H. 3696, the General Appropriation Bill, the Bills on the Calendar be printed by number only, which was agreed to.
The Senate amendments to the following Joint Resolution were taken up for consideration:
H. 3429 (Word version) -- Reps. Lanford, Hawkins, Wilder, Walker, Allison, Lee, Davenport, D. Smith, Vaughn and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 4, 1999, MISSED BY STUDENTS OF EACH OF THE SEVEN SCHOOL DISTRICTS OF SPARTANBURG COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE AND WEATHER CONDITIONS IS 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. WALKER 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. FLEMING.
Debate was resumed on the following Bill, the pending question being the consideration of amendments:
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.
Rep. EASTERDAY proposed the following Amendment No. 4 (Doc Name COUNCIL\GJK\AMEND\20319AFC99), which was adopted.
Amend the bill, as and if amended, in Section 56-5-1535(C), page 3188-3, line 43, by deleting /IMPRISONMENT/ AND INSERTING /IMPRISONMENT/;
Amend the bill further, as and if amended, in Section 56-5-1535, page 3188-4 by deleting subsection (D) on lines 7-9.
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY explained the amendment.
The amendment was then adopted.
The SPEAKER granted Rep. MADDOX a leave of absence for the remainder of the day.
Reps. STILLE, WALKER, ALLISON and STUART proposed the following Amendment No. 5 (Doc Name GGS\AMEND\22206CM99):
Amend the bill, as and if amended, by adding the following appropriately numbered sections:
/ SECTION ____. The 1976 Code is amended by adding:
"Section 56-1-2155. (A) In addition to the fines and court assessments that are imposed upon a person convicted of driving too fast for the condition or speeding while operating a commercial motor vehicle which requires the driver to possess a commercial driver license while operating in a fifty-five mile an hour or greater zone, the following mandatory fines must be assessed:
violation fine
6 to 10 m.p.h. above the posted
speed limit $150.00
11 to 15 m.p.h. above the posted
speed limit $250.00
16 m.p.h. or more above the posted
speed limit $600.00
(B) A court must not reduce or suspend the fines contained in subsection (A).
(C) Notwithstanding another provision of law, all revenue generated pursuant to this section is earmarked for the use of the Motor Carrier Service Section of the State Transport Police division of the Department of Public Safety and must be used specifically for improving motor carrier services."
SECTION ____. The 1976 Code is amended by adding:
"Section 56-1-2156. Notwithstanding another provision of law, a commercial motor vehicle driver that fails to comply with lane restriction signage posted along an interstate highway must not be assessed points against his driving record pursuant to Section 56-1-720." /
Renumber sections to conform.
Amend title to conform.
Rep. STILLE explained the amendment.
Rep. SIMRILL spoke in favor of the amendment.
Rep. TRIPP moved to table the amendment.
Rep. HOWARD demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Bales Battle Bauer Brown J. Canty Chellis Cooper Easterday Edge Fleming Harrell Harris Haskins Hawkins Hayes Hines M. Howard Jennings Kirsh Law Lee Limehouse Lloyd Loftis Mack McMahand Meacham Moody-Lawrence Neal Parks Quinn Robinson Sandifer Scott Smith R. Tripp Trotter Wilkes Wilkins Young-Brickell
Those who voted in the negative are:
Allen Allison Barfield Barrett Bowers Brown G. Brown T. Carnell Cato Clyburn Cotty Delleney Emory Gamble Gilham Gourdine Govan Hamilton Harrison Harvin Hines J. Hinson Inabinett Keegan Kelley Kennedy Klauber Knotts Koon Lanford Leach Littlejohn Lourie Lucas Maddox Martin Mason McCraw McGee McKay McLeod M. McLeod W. Miller Neilson Ott Phillips Rice Riser Rodgers Rutherford Sheheen Simrill Smith D. Smith J. Stille Stuart Taylor Townsend Vaughn Walker Webb Whatley Wilder Woodrum
So, the House refused to table the amendment.
Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of Amendment No. 5.
At 11:30 A. M. the Senate appeared in the Hall of the House.
The Acting President Senator Thomas of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the Senate read the following Concurrent Resolution.
S. 342 (Word version) -- Senators Giese, Patterson, Courson and Jackson: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 10, 1999, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 10, 1999, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
The State Easter Seal Representatives, their parents, and members of their party entered the Chamber.
The Acting President, Senator Thomas then recognized Senator Bryan, who addressed the Joint Assembly as follows:
"Thank you Mr. President. Normally I would be sitting out here listening to Senator Giese do this. As you know, Senator Giese's brother died and he had to go to Milwaukee for the funeral. You know what the weather is like up there, so he was unable to get back today. Before we start with our Buck-a-Cup/Brace a Child Program, I would like to introduce another special person for a few remarks - the Governor of South Carolina, Jim Hodges."
Governor Hodges made the following remarks:
"Thank you. Thank you, Senator. It is wonderful to be back in the Chamber today. This is always a special occasion. We always look forward every year to the group coming in here and talking about the wonderful things that Easter Seals does for South Carolina. Many thanks go out today to the people who are behind me at the podium and also to our law enforcement community around the State which works extra hard to make sure that each year is a better year than the year before. Like all of you, I look forward to hearing the words of inspiration today and also the good news about the success of the campaign this year and the success it will have many years to come. Thank you very much."
Senator Bryan introduced the following members who presented the State Easter Seal Representatives and guests:
Senator Waldrep and Representative MARTIN escorted Heather Black, daughter of Susan and Jimmy Black of Anderson;
Representative DAVENPORT escorted Chad Westmoreland, son of Beth Westmoreland of Roebuck;
Senator Anderson and Representative MCMAHAND escorted Princella Lee-Bridges of Greenville;
Senator Drummond and Representatives PARKS, CARNELL and KLAUBER escorted Zandra White, daughter of Karen White of Greenwood;
Senator Saleeby and Representatives LUCAS, J. HINES and NEILSON escorted Amber Pierce, daughter of Kathy Davis of Darlington; and
Senator Leventis escorted Erika Cromwell, daughter of Elizabeth and David Cromwell of Sumter.
Senator Bryan also recognized William C. Gibson, State President of the South Carolina Law Enforcement Officers Association; Alisa Mosley, Executive Director of the South Carolina Law Enforcement Officers Association; Thomas L. Sponseller, Executive Director of the South Carolina Restaurant Association; Joseph D. Jones, President and Chief Executive Officer of the Easter Seals of South Carolina; former Representative Joe Wilder; Alton T. Morris, Chairman of the Easter Seals of South Carolina Board of Directors; and Matt Brightwell, State President of the South Carolina Restaurant Association.
The President then recognized Senator Bryan who addressed the Joint Assembly as follows:
"Today we kick off the 48th annual Buck-a-Cup/Brace a Child campaign. Buck-a-Cup is co-sponsored by the South Carolina Law Enforcement Association and the South Carolina Restaurant Association. Last year law enforcement personnel, restaurant owners and restaurant employees from across the state have raised $471,000 to help children and adults with disabilities in South Carolina achieve independence. Before coming to this Chamber, someone said 'thank you for letting us come'. That's backwards. Thank you for coming. You are a great inspiration to all of us every year. We look forward to this day every year because it is inspiring to us. Part of what we do is trying to help people in South Carolina. You help remind us of our duties and responsibilities and things we need to do for the people of South Carolina. That concludes our program, Mr. President."
Upon the conclusion of the presentation, the honored guests and escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the Acting President Senator Thomas announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 11: 50 A. M. the House resumed, the SPEAKER in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 5:
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.
Reps. STILLE, WALKER, ALLISON and STUART proposed the following Amendment No. 5 (Doc Name GGS\AMEND\22206CM99):
Amend the bill, as and if amended, by adding the following appropriately numbered sections:
/ SECTION ____. The 1976 Code is amended by adding:
"Section 56-1-2155. (A) In addition to the fines and court assessments that are imposed upon a person convicted of driving too fast for the condition or speeding while operating a commercial motor vehicle which requires the driver to possess a commercial driver license while operating in a fifty-five mile an hour or greater zone, the following mandatory fines must be assessed:
violation fine
6 to 10 m.p.h. above the posted
speed limit $150.00
11 to 15 m.p.h. above the posted
speed limit $250.00
16 m.p.h. or more above the posted
speed limit $600.00
(B) A court must not reduce or suspend the fines contained in subsection (A).
(C) Notwithstanding another provision of law, all revenue generated pursuant to this section is earmarked for the use of the Motor Carrier Service Section of the State Transport Police division of the Department of Public Safety and must be used specifically for improving motor carrier services."
SECTION ____. The 1976 Code is amended by adding:
"Section 56-1-2156. Notwithstanding another provision of law, a commercial motor vehicle driver that fails to comply with lane restriction signage posted along an interstate highway must not be assessed points against his driving record pursuant to Section 56-1-720." /
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT raised a Point of Order that Amendment No. 5 was out of order in that it was not germane to the Bill.
Rep. TRIPP argued contra.
Rep. STILLE argued contra.
Rep. J. SMITH argued contra.
SPEAKER WILKINS stated that the amendment dealt with speeding and the penalties for speeding and the Bill defines the penalties of speeding and he therefore overruled the Point Of Order.
Rep. TRIPP moved to divide the question, which was agreed to by a division vote of 58 to 19.
/ SECTION ____. The 1976 Code is amended by adding:
"Section 56-1-2155. (A) In addition to the fines and court assessments that are imposed upon a person convicted of driving too fast for the condition or speeding while operating a commercial motor vehicle which requires the driver to possess a commercial driver license while operating in a fifty-five mile an hour or greater zone, the following mandatory fines must be assessed:
violation fine
6 to 10 m.p.h. above the posted
speed limit $150.00
11 to 15 m.p.h. above the posted
speed limit $250.00
16 m.p.h. or more above the posted
speed limit $600.00
(B) A court must not reduce or suspend the fines contained in subsection (A).
(C) Notwithstanding another provision of law, all revenue generated pursuant to this section is earmarked for the use of the Motor Carrier Service Section of the State Transport Police division of the Department of Public Safety and must be used specifically for improving motor carrier services."
Renumber sections to conform.
Amend title to conform.
Rep. G. BROWN spoke against the question.
Rep. TRIPP moved to table the question.
Rep. LITTLEJOHN demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Bales Barfield Barrett Battle Bauer Beck Bowers Breeland Brown G. Brown J. Campsen Canty Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Delleney Easterday Edge Emory Fleming Gamble Gourdine Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines J. Hines M. Hinson Howard Inabinett Jennings Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Lloyd Loftis Lucas Mack Martin Mason McCraw McLeod M. McLeod W. McMahand Meacham Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Rhoad Riser Robinson Rutherford Sandifer Scott Sharpe Smith F. Smith R. Taylor Townsend Tripp Trotter Vaughn Whatley Whipper Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Allison Brown T. Dantzler Davenport Gilham Keegan Littlejohn Lourie McGee Miller Rice Rodgers Sheheen Simrill Smith D. Smith J. Stille Stuart Walker Webb Wilder
So, the question was tabled.
SECTION ____. The 1976 Code is amended by adding:
/ "Section 56-1-2156. Notwithstanding another provision of law, a commercial motor vehicle driver that fails to comply with lane restriction signage posted along an interstate highway must not be assessed points against his driving record pursuant to Section 56-1-720." /
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT raised a Point of Order that Question 2 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the question out of order.
Rep. FLEMING proposed the following Amendment No. 6, which was ruled out of order.
Amend the report, as and if amended, by adding new sections to the end of the report.
SECTION 1. Section 56-1-720 of the 1976 Code is amended to read:
"Section 56-1-720. (A) There is established a point system for the evaluation of the operating record of persons to whom a license to operate motor vehicles has been granted and for the determination of the continuing qualifications of these persons for the privileges granted by the license to operate motor vehicles. The system shall have as its basic element a graduated scale of points assigning relative values to the various violations in accordance with the following schedule:
VIOLATION POINTS
Reckless driving 6
Passing stopped school bus 6
Hit-and-run, property damages only 6
Driving too fast for conditions, or speeding:
(1) No more than 10 m.p.h. above the posted limits 2
(2) More than 10 m.p.h. but less than 25m.p.h.
above the posted limits 4
(3) 25 m.p.h. or above the posted limits 6
Disobedience of any official traffic control device 4
Disobedience to officer directing traffic 4
Failing to yield right of way 4
Driving on wrong side of road 4
Passing unlawfully 4
Turning unlawfully 4
Driving through or within safety zone 4
Failing to give signal or giving improper signal for
stopping, turning, or suddenly decreased speed 4
Shifting lanes without safety precaution 2
Improper dangerous parking 2
Following too closely 4
Failing to dim lights 2
Operating with improper lights 2
Operating with improper brakes 4
Operating a vehicle in unsafe condition 2
Driving in improper lane 2
Improper backing 2
(B) Notwithstanding another provision of law, a person who is charged with a violation contained in subsection (A) may pay the following fines in lieu of having the points associated with the violation assessed against his driving record:
VIOLATION FINE
Driving too fast for conditions, or speeding:
(1) No more than 10 m.p.h. above the posted limits $200
(2) More than 10 m.p.h. but less than 25
m.p.h. above the posted limits $400
(3) 25 m.p.h. or above the posted limits $600
Disobedience of any official traffic control device $400
Disobedience to officer directing traffic $400
Failing to yield right of way $400
Driving on wrong side of road $400
Passing unlawfully $400
Turning unlawfully $400
Driving through or within safety zone $400
Failing to give signal or giving improper signal for
stopping, turning, or suddenly decreased speed $200
Shifting lanes without safety precaution $200
Improper dangerous parking $200
Following too closely $400
Failing to dim lights $200
Operating with improper lights $200
Operating with improper brakes $400
Operating a vehicle in unsafe condition $200
Driving in improper lane $200
Improper backing $200
A person may exercise the option contained in this subsection once during a one-year period for each offense."
Rep. FLEMING explained the amendment.
Rep. WALKER raised a Point of Order that Amendment No. 6 was out of order in that it was not germane to the Bill.
Rep. FLEMING argued contra.
SPEAKER WILKINS stated that the amendment encompassed other traffic violations beyond the speeding violations addressed in the Bill. He therefore sustained the Point of Order and ruled the amendment out of order.
Reps. KNOTTS and F. SMITH proposed the following Amendment No. 7 (Doc Name COUNCIL\PT\AMEND\1328SD99), which was tabled.
Amend the bill, as and if amended, in Section 56-5-1520 as contained in SECTION 1 and in Section 56-5-1535 as contained in SECTION 2 by adding a new subsection at the end of both sections to be appropriately numbered which shall read:
/ ( ) Notwithstanding any other provision of law, regardless of whether or not a magistrate or municipal recorder reduces a charge of speeding more than fifteen miles an hour above the posted limit to a lesser charge, points shall be assessed based on the original charge if the person is found guilty or pleads to the lesser charge. This provision shall be a condition of the reduction of the underlying charge." /
Renumber sections to conform.
Amend title to conform.
Rep. F. SMITH explained the amendment.
Rep. TOWNSEND moved to table the amendment, which was agreed to.
Rep. TOWNSEND proposed the following Amendment No. 8, which was tabled.
Amend the bill to read:
Section 56-5-1535. (C) (2) The department shall not leave any construction signs up on the designated highway when the project is completed.
Rep. TOWNSEND explained the amendment.
Rep. KIRSH raised a Point of Order that Amendment No. 8 was out of order in that it was not germane to the Bill.
Rep. TOWNSEND argued contra.
SPEAKER WILKINS stated that the Bill defines a highway work zone and therefore the posting of signs at the work zone would be relevant and he overruled the Point of Order.
Rep. TOWNSEND continued speaking.
Rep. KIRSH moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Bales Barfield Brown J. Brown T. Campsen Chellis Cotty Dantzler Delleney Edge Harrell Harris Harrison Hayes Hinson Howard Inabinett Jennings Keegan Kelley Kirsh Law Lloyd Mack Mason McKay McLeod W. McMahand Meacham Miller Neal Neilson Parks Rhoad Riser Robinson Sandifer Scott Sheheen Smith D. Smith J. Smith R. Stuart Trotter Whipper Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Allison Barrett Battle Bauer Beck Bowers Brown G. Canty Carnell Cato Clyburn Cooper Davenport Easterday Emory Fleming Gamble Gilham Gourdine Hamilton Harvin Hawkins Hines J. Hines M. Kennedy Klauber Knotts Koon Lanford Leach Lee Littlejohn Loftis Lourie Lucas Martin McCraw McGee McLeod M. Moody-Lawrence Ott Phillips Pinckney Quinn Rice Rodgers Rutherford Sharpe Simrill Stille Taylor Townsend Tripp Vaughn Walker Webb Whatley Wilder
So, the House refused to table the amendment.
Rep. HOWARD moved that the House do now adjourn.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bowers Delleney Howard Rhoad Rutherford Tripp
Those who voted in the negative are:
Allison Bailey Bales Barfield Barrett Battle Bauer Beck Brown J. Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Edge Emory Fleming Gilham Gourdine Harrell Harris Harrison Hayes Hinson Inabinett Jennings Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Littlejohn Lourie Lucas Martin Mason McCraw McGee McLeod M. Neilson Ott Phillips Quinn Rice Riser Rodgers Sandifer Scott Sheheen Simrill Smith D. Smith J. Smith R. Taylor Trotter Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to adjourn.
Rep. ROBINSON spoke against the amendment.
Rep. TOWNSEND moved to table the amendment, which was agreed to.
Reps. MILLER and T. BROWN proposed the following Amendment No. 9, which was adopted.
Amend the bill, as and if amended, in Section 56-5-1520 as contained in Section 1 and in Section 56-5-1535 as contained in Section 2 by adding a new subsection at the end of both sections to be appropriately numbered which shall read:
Notwithstanding any other provision of law, if a magistrate or municipal recorder reduces the points assessed on a speeding ticket the fines imposed may be reduced at the option of the magistrate or municipal recorder.
Rep. MILLER explained the amendment.
Rep. WHIPPER moved to table the amendment, which was rejected.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. W. McLEOD proposed the following Amendment No. 10 (Doc Name COUNCIL\PT\AMEND\1333DW99), which was adopted.
Amend the report of the Committee on Education and Public Works, as and if amended, by striking SECTION 5 in its entirety which reads:
/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."/
Renumber sections to conform.
Amend title to conform.
Rep. TRIPP raised a Point of Order that Amendment No. 10 was out of order in that it was not germane to the Bill.
Rep. W. MCLEOD argued contra.
SPEAKER WILKINS stated that the amendment attempted to strike a paragraph currently in the Bill and he therefore overruled the Point of Order.
Rep. W. MCLEOD explained the amendment.
The amendment was then adopted.
Rep. STILLE spoke against the Bill.
Rep. STILLE continued speaking.
Rep. G. BROWN moved that the House recede until 2:30 P.M., which was rejected by a division vote of 44 to 48.
Rep. FLEMING proposed the following Amendment No. 12, which was tabled.
Amend the report, as and if amended, by adding new sections to the end of the report.
(B) Notwithstanding another provision of law, a person who is charged with a violation contained in subsection (A) may pay the following fines in lieu of having the points associated with the violation assessed against his driving record:
VIOLATION FINE
Driving too fast for conditions, or speeding:
(1) No more than 10 m.p.h. above the posted limits $200
(2) More than 10 m.p.h. but less than 25
m.p.h. above the posted limits $400
(3) 25 m.p.h. or above the posted limits $600
A person may exercise the option contained in this subsection once during a one-year period for each offense."
SECTION . This act takes effect upon approval by the Governor.
Rep. FLEMING explained the amendment.
Rep. TOWNSEND moved to table the amendment, which was agreed to.
Rep. HOWARD spoke against the Bill.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Bales Barfield Barrett Battle Bauer Beck Bowers Breeland Campsen Canty Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gourdine Govan Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines J. Hinson Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Lanford Law Leach Lee Lloyd Loftis Lucas Martin McCraw McGee McKay McLeod M. McLeod W. Meacham Miller Neal Neilson Ott Parks Phillips Pinckney Quinn Rice Riser Robinson Rodgers Rutherford Sandifer Scott Sheheen Simrill Smith D. Smith R. Taylor Townsend Tripp Trotter Vaughn Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Allison Brown J. Brown T. Cobb-Hunter Gilham Hamilton Howard Inabinett Koon Littlejohn Lourie Mack Mason McMahand Rhoad Sharpe Smith J. Stille Stuart Walker
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. EASTERDAY moved that the House do now adjourn.
Rep. BAILEY demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Beck Bowers Campsen Canty Carnell Cato Cobb-Hunter Davenport Delleney Easterday Fleming Gourdine Hamilton Harris Harvin Haskins Inabinett Kirsh Koon Lanford Lee Lloyd Loftis Mason McKay McLeod W. McMahand Neal Phillips Pinckney Rhoad Rice Robinson Sharpe Simrill Smith D. Tripp Vaughn Walker Whipper Wilder Wilkes
Those who voted in the negative are:
Allison Bailey Bales Barfield Barrett Battle Bauer Breeland Brown J. Brown T. Chellis Clyburn Cooper Cotty Dantzler Edge Emory Gamble Gilham Govan Harrell Harrison Hayes Hines J. Hinson Jennings Keegan Kelley Kennedy Knotts Law Leach Littlejohn Lourie Lucas Mack Martin McCraw McGee McLeod M. Meacham Miller Neilson Ott Parks Quinn Riser Rodgers Sandifer Scott Sheheen Smith J. Smith R. Stille Stuart Taylor Townsend Trotter Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to adjourn.
The following Joint Resolution was taken up:
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.
Rep. COBB-HUNTER moved to adjourn debate on the Joint Resolution until Tuesday, March 23.
Rep. KNOTTS moved to table the motion, which was rejected.
The question then recurred to the motion to adjourn debate until Tuesday, March 23.
Rep. QUINN demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Bailey Bales Battle Beck Bowers Breeland Brown J. Brown T. Campsen Carnell Cato Clyburn Cobb-Hunter Davenport Delleney Easterday Emory Fleming Gamble Gourdine Govan Harrell Harris Harvin Haskins Hayes Hines J. Howard Inabinett Jennings Kennedy Kirsh Koon Lee Lloyd Mack Mason McCraw McLeod W. McMahand Neal Neilson Ott Parks Phillips Pinckney Rhoad Rice Robinson Rutherford Scott Sharpe Simrill Smith D. Smith J. Stille Tripp Trotter Whipper Wilder Wilkes
Those who voted in the negative are:
Allison Barfield Barrett Bauer Chellis Cooper Cotty Dantzler Edge Gilham Hamilton Harrison Hinson Keegan Kelley Knotts Lanford Law Leach Littlejohn Loftis Lourie Lucas Martin McGee McLeod M. Meacham Miller Quinn Riser Rodgers Sandifer Sheheen Smith R. Stuart Taylor Townsend Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
So, the motion to adjourn debate was agreed to.
Rep. SCOTT moved that the House do now adjourn, which was agreed to.
At 1:20 P.M. the House in accordance with the motion of Rep. J. BROWN adjourned in memory of Judge Walter Jones, to meet at 10:00 A.M. tomorrow.
This web page was last updated on Friday, June 26, 2009 at 9:26 A.M.