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| (G) An applicant for a driver's license who is at least fifteen years of age but less than seventeen years of age is required to successfully complete a driver training course before obtaining a driver's license and to provide certification of completion to the Department of Revenue and Taxation.
(H) Notwithstanding any other provision of law, every driver training school licensed by the State must provide, for the value of the voucher presented, the required class as specified by the Department of Insurance for driver education program purposes, and, if an applicant as described in subsection (A) of this section fails to successfully complete the driver training course as described in this section, the applicant must be entitled, for purposes of the driver training voucher, to one makeup of the driver training course at no cost to him.
(I) The Director of the Department of Insurance may temporarily suspend the program provided for in this section in any area of the State if he determines that sufficient numbers of certified teachers for the course are not available in a particular area."
SECTION 4. The 1976 Code is amended by adding:
"Section 56-1-75. (A) The department shall not issue a driver's license to any person who is at least fifteen years of age but less than seventeen years of age until the applicant has provided the department with evidence of satisfactory completion of an approved driver training course as provided in Section 38-73-738. To defray the cost of taking the course, the applicant may request a driver training voucher from the Department of Insurance as provided for in Section 38-73-738. The Department of Revenue and Taxation shall inform applicants for beginner's permits and driver's licenses of the availability of the voucher.
(B) This requirement does not apply to a beginner's permit as provided in Section 56-1-50; however, it must be complied with before the issuance of a special restricted license as provided for in Section 56-1-180.
(C) The department, upon satisfactory proof that a minor who is at least fifteen years of age but less than seventeen years of age has become a resident of South Carolina and has a valid driver's license from his prior state of residence but has not completed a driver training course, may grant the minor a temporary driver's license under such terms considered necessary by the department to allow the minor to operate a motor vehicle
SECTION 5. Section 1 takes effect July 1, 1994. Section 2 takes effect October 1, 1994. Section 3 takes effect August 1, 1995. Section 4 takes effect October 1, 1995.
Except as otherwise specifically provided herein, this act takes effect upon approval by the Governor./
Amend title to conform.
Rep. T.C. ALEXANDER explained the amendment.
Rep. STUART moved to table the amendment and demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 11 to 28.
Rep. STUART spoke against the amendment.
Rep. T.C. ALEXANDER spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Askins Bailey, G. Barber Baxley Cato Fair Fulmer Gamble Graham Hallman Harrell Harrison Hutson Kinon Marchbanks McKay Neilson Rhoad Robinson Rudnick Sharpe Sheheen Shissias Spearman Stille Trotter Walker Wells Wilder, D. Witherspoon Young, A.
Those who voted in the negative are:
Allison Anderson Beatty Brown, G. Brown, J. Byrd Chamblee Cooper Cromer
Davenport Delleney Farr Felder Harris, J. Harris, P. Holt Houck Inabinett Keegan Kennedy Keyserling Kirsh Koon Lanford Littlejohn McCraw McTeer Meacham Moody-Lawrence Phillips Quinn Richardson Riser Rogers Simrill Smith, R. Snow Stone Stuart Thomas Townsend Tucker Vaughn Waites Whipper White Wilder, J. Williams
So, the amendment was rejected.
Rep. T.C. ALEXANDER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\9304JM.94), which was adopted.
Amend the bill, as and if amended, by adding the following appropriately-numbered SECTION to read:
/SECTION . Section 38-77-350(C) of the 1976 Code, as added by Act 148 of 1989, is amended to read:
"(C) An automobile insurer is not required to make a new offer of coverage on any automobile insurance policy which renews, extends, changes, supersedes, or replaces an existing policy. However, the first renewal notices for existing policies after December 1, 1989, must include the form provided in subsection (A). A policy of automobile insurance offered or issued by a new servicing carrier for the South Carolina Reinsurance Facility to replace a policy previously issued by a former servicing carrier and containing the same coverage limits as the former policy constitutes a valid replacement policy that does not require the new servicing carrier or agent to make a new offer of coverage or to obtain a new application from the insured."/
Renumber sections to conform.
Amend title to conform.
Rep. T.C. ALEXANDER explained the amendment.
The amendment was then adopted.
The following was received. Columbia, S.C., May 31, 1994 Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 665: S. 665 -- Senator Leventis: A BILL TO AMEND SECTION 35-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR REGISTRATION OF A SECURITIES BROKER-DEALER, AGENT, INVESTMENT ADVISOR, OR INVESTMENT ADVISOR REPRESENTATIVE, SO AS TO REQUIRE A SOUTH CAROLINA LAW ENFORCEMENT DIVISION CRIMINAL RECORD HISTORY TO BE OBTAINED FOR EACH INITIAL APPLICANT AND ALL CONVICTIONS RECORDED WITHIN SEVEN YEARS OF THE DATE OF THE APPLICATION TO BE NOTED ON THE REGISTRATION, TO REQUIRE A SEARCH OF BANKRUPTCY RECORDS FOR INITIAL APPLICANTS AND ANY ADJUDICATION OF PERSONAL BANKRUPTCY TO BE NOTED ON THE REGISTRATION, AND TO IMPOSE AN ADDITIONAL INITIAL REGISTRATION FEE IN AN AMOUNT SUFFICIENT TO COVER THE COST OF THESE ADDITIONAL REQUIREMENTS. and has ordered the Bill Enrolled for Ratification.
Very respectfully, President
Received as information.
The following was received. Columbia, S.C., May 31, 1994 Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 492: S. 492 -- Senators Wilson, Thomas and Ryberg: A BILL TO AMEND SECTION 17-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A CORONER TO CARRY A PISTOL OR OTHER HANDGUN WHILE ENGAGED IN
Very respectfully, President
Received as information.
The following was received from the Senate.
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 506: S. 506 -- Senators Rose and Leventis: A BILL TO REPEAL SECTION 22-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARREST FOR CRIMES COMMITTED IN MAGISTRATE'S PRESENCE. Very respectfully, President
On motion of Rep. HODGES, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. DELLENEY, JENNINGS and A. YOUNG to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 1040: S. 1040 -- Senator Bryan: A BILL TO AMEND SECTION 2-15-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY. Very respectfully, President
Whereupon, the Chair appointed Reps. KIRSH, HODGES and CORNING to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following Bill was taken up.
H. 4983 -- Rep. Harrison: A BILL TO AMEND SECTION 29-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHODS OF ENTERING SATISFACTION OF MORTGAGES, SO AS TO PERMIT SATISFACTION OF MORTGAGES RECORDED IN COUNTERPARTS BY SATISFACTIONS EXECUTED IN COUNTERPARTS.
Rep. HARRISON moved to table the Bill, which was agreed to.
The following Bill was taken up.
S. 953 -- Senator Courtney: A BILL TO AMEND SECTION 24-21-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESENTENCE INVESTIGATIONS OF CRIMINAL SUSPECTS, SO AS TO PROVIDE THAT THE DEFENDANT MAY WAIVE THE PRESENTENCE INVESTIGATION IF PLEADING GUILTY OR NOLO CONTENDERE; AND TO AMEND SECTION 24-21-530, RELATING TO PRESENTENCE INVESTIGATIONS SO AS TO ALLOW WAIVER PURSUANT TO SECTION 24-21-530.
Reps. HODGES and MARTIN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7948BDW.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. The 1976 Code is amended by adding:
"Section 22-5-580. (A) A statewide pretrial classification program is established to bring about an improvement of magistrates' collections and consideration of information concerning release of persons placed in jail pending disposition of criminal charges. The program must allow magistrates to make more fully informed bail-setting decisions so persons who present low risks of absconding while under appearance recognizance or an appearance bond may be released and persons presenting
(B) The Department of Probation and Community Supervision shall promulgate regulations by July 1, 1995, in accordance with the Administrative Procedures Act to be used by magistrates in improving the collection and consideration of information on persons requesting release on appearance recognizance or appearance bonds. The regulations developed by the Department of Probation and Community Supervision must include the establishment of a `point-total' system for pretrail screening of appropriate defendants. This system must establish an amount or range of the recognizance entered into based on the nature of the offense charged, the danger the accused presents to himself and others, the likelihood the accused will flee to avoid trial, and other applicable factors. The regulations also must provide guidance for the collection and verification of relevant information on the person under consideration for the release."/
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. BOAN made a statement relative to the Conference Committee on H. 4820, the General Appropriations Bill.
Rep. FARR moved to waive Rule 6.1, which was agreed to.
Rep. BOAN continued speaking.
Rep. HASKINS made a statement relative to H. 4820, the General Appropriations Bill.
Rep. A. YOUNG demanded the yeas and nays, which were not ordered.
The motion to recede was agreed to by a division vote of 68 to 44.
Further proceedings were interrupted by the House receding, the pending question being a statement by Rep. HASKINS on the Conference Committee Report.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. PHILLIPS a leave of absence for the remainder of the day.
Rep. HASKINS made a statement relative to H. 4820, the General Appropriations Bill.
Rep. J. WILDER made a statement relative to H. 4820, the General Appropriations Bill.
Rep. RHOAD made a statement relative to H. 4820, the General Appropriations Bill.
Rep. HALLMAN made a statement relative to H. 4820, the General Appropriations Bill.
Rep. COBB-HUNTER made a statement relative to H. 4820, the General Appropriations Bill.
Rep. D. SMITH made a statement relative to H. 4820, the General Appropriations Bill.
Rep. SHEHEEN made a statement relative to H. 4820, the General Appropriations Bill.
Rep. J. WILDER made a statement relative to H. 4820, the General Appropriations Bill.
Rep. WILKES made a statement relative to H. 4820, the General Appropriations Bill.
Rep. FELDER made a statement relative to H. 4820, the General Appropriations Bill.
Rep. CANTY made a statement relative to H. 4820, the General Appropriations Bill.
Rep. SHEHEEN moved to instruct the Conferees to exclude from the Conference Report any extension in the Barnwell facility for out of region waste after July 1, 1994.
Rep. HASKINS moved as a substitute motion to instruct the Conferees to include the acceptance of out of region waste after June of 1994 until December of 1995 and to instruct them that the will of the House is that those funds only be used for nonrecurring items.
Rep. SHEHEEN raised the Point of Order that the substitute motion was out of order as the House was not in the Motion Period and that was the only time that substitute motions were accepted under the Rules.
SPEAKER Pro Tempore WILKINS sustained the Point of Order.
Rep. HASKINS moved to table the motion.
Those who voted in the affirmative are:
Alexander, T.C. Allison Anderson Baker Beatty Carnell Cato Chamblee Cooper Corning Davenport Fair Felder Fulmer Gamble Graham Harris, P. Harrison Haskins Holt Jaskwhich Jennings Keegan Kelley Kennedy Klauber Koon McCraw McKay Rhoad Riser Robinson Sharpe Shissias Smith, D. Smith, R. Snow Spearman Stille Stoddard Stuart Townsend Trotter Vaughn Walker Wells White Wilder, D. Wilder, J. Wilkes Witherspoon Wright
Those who voted in the negative are:
Alexander, M.O. Askins Bailey, G. Bailey, J. Barber Baxley Boan Breeland Brown, G. Brown, H. Byrd Canty Clyborne Cobb-Hunter Cromer Delleney Farr Gonzales Govan Hallman Harrell Harris, J. Harvin Harwell Hines Hodges Houck Hutson Keyserling Kinon Kirsh Lanford Law Marchbanks Martin Mattos McAbee McElveen McLeod McMahand Meacham Moody-Lawrence
Neal Neilson Quinn Richardson Rogers Rudnick Scott Sheheen Simrill Stone Tucker Waites Waldrop Whipper Wilkins Wofford Worley Young, A.
So, the House refused to table the motion.
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