Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

| Printed Page 2310, May 2 | Printed Page 2330, May 2 |

Printed Page 2320 . . . . . Thursday, May 2, 1996

Amend further, page 0022, line 22, opposite /OPERATING EXPENSES/ by striking the amounts in columns (7) and (8) and inserting /977,795/;

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 153

Senators MATTHEWS, PATTERSON, WASHINGTON, FORD, GLOVER and JACKSON proposed the following Amendment No. 153 (4600R603.JWM), which was adopted:

Amend the bill, as and if amended, Part 1A, Section 18A, page(s) 102, line(s) 1, by striking column(s) (7) & (8), /330,000 330,000/ and inserting the following:

/230,000 230,000/

Amend the bill further as and if amended, Part 1A, Section 18J, page 135, column(s) (7) & (8) after line 25, by adding an appropriately numbered new item to read:

/African-American Leadership Institute 100,000 100,000/

Amend sections, totals and title to conform.

Senator DRUMMOND spoke on the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 155

Senator SETZLER proposed the following Amendment No. 155 (SBD\97.019), which was adopted:

Amend the bill , as and if amended, by amendment # 025 (Document No: l:\s-educ\legis\amend\sbd\97.011)
Part IA, Section 19, Department of Education, page 0175, line 10 by:

. . . . .COLUMN 7. . . . .COLUMN 8

STRIKING:. . . . .290,125. . . . .213,025

. . . . .( ). . . . .( )

INSERTING:. . . . .440,125. . . . .363,025

. . . . .( ). . . . .( )


Printed Page 2321 . . . . . Thursday, May 2, 1996

Amending, as and if amended, Part IA, Section 19, Department of Education, page 0178, line 19 by:

. . . . .COLUMN 7. . . . .COLUMN 8

STRIKING:. . . . .1,273,958. . . . .318,612

. . . . .( ). . . . .( )

INSERTING:. . . . .1,123,958. . . . .168,612

. . . . .( ). . . . .( )

Amending sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 230

Senator LANDER proposed the following Amendment No. 230 (4600R251.JAL), which was adopted:

Amend the bill, as and if amended, Part VI, Section 1, page(s) 673, by striking line(s) 37 and 38 and inserting a new item (37) to read:

/(37) Department of Labor, Licensing & Regulations - State Fire Marshal

Saluda Fire Service Communication Upgrade35,000/.

Amend the bill further, as and if amended, Part VI, Section 1, page 675, by striking lines 19 through 20, Item (59).

Amend sections, totals and title to conform.

Senator LANDER explained the amendment.

The amendment was adopted.

Amendment No. 159

Senator THOMAS proposed the following Amendment No. 159 (PFM\9362AC.96), which was tabled:

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 0177, line 5, by deleting in columns (7) and (8) /296,200/.

Amend further, Part IA, Section 19, Department of Education, page 0175, line 32, by deleting in column (7) /4,177,969/ and inserting /4,474,169/, and by inserting in column (8) /296,200/.

Amend sections, totals and title to conform.


Printed Page 2322 . . . . . Thursday, May 2, 1996

Senator THOMAS explained the amendment.

Senator LAND spoke on the amendment.

Senator LEVENTIS spoke on the amendment.

Senator LEVENTIS moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 29; Nays 10

AYES
Alexander           Courtney            Drummond
Elliott             Fair                Ford
Glover              Hayes               Holland
Jackson             Land                Lander
Leatherman          Leventis            Martin
Matthews            Moore               O'Dell
Passailaigue        Patterson           Peeler
Rankin              Reese               Richter
Setzler             Smith, G.           Smith, J.V.
Waldrep             Washington          
TOTAL--29

NAYS
Boan                 Bryan                Cork
Courson              McConnell            Mescher
Rose                 Russell              Thomas
Wilson               
TOTAL--10

The amendment was laid on the table.

Leave of Absence

At 10:00 P.M., Senator HOLLAND requested a leave of absence until Noon, Tuesday, May 7, 1996.

Amendment No. 131

Senators SETZLER and WASHINGTON proposed the following Amendment No. 131 (SBD\97.017), which was tabled:

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 0190, by inserting after line 10:


Printed Page 2323 . . . . . Thursday, May 2, 1996

. . . . .COLUMN 7. . . . .COLUMN 8

Library Materials. . . . .300,000. . . . .300,000

Amend sections, totals and title to conform.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

ACTING PRESIDENT PRESIDES

At 10:02 P.M., Senator MARTIN assumed the Chair.

Amendment No. 128

Senator GREGORY proposed the following Amendment No. 128 (GJK\22783DW.96), which was tabled:

Amend the bill, as and if amended, Part IA, Section 30, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 249, after line 24 by inserting:

. . . . .COLUMN 7. . . . .COLUMN 8

/UNDER AGE 21

EDUCATION PROGRAM. . . . .100,000. . . . .100,000/

Amend sections, totals and title to conform.

Senator GREGORY explained the amendment.

Senator J. VERNE SMITH spoke on the amendment.

Senator GREGORY moved that the amendment be adopted.

Senator DRUMMOND moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 19; Nays 18

AYES
Alexander           Bryan               Courson
Drummond            Elliott             Glover
Land                Lander              Leatherman
Leventis            Matthews            McConnell
Moore               O'Dell              Passailaigue
Patterson           Rankin              Smith, J.V.
Washington          
TOTAL--19


Printed Page 2324 . . . . . Thursday, May 2, 1996

NAYS
Cork                 Courtney             Fair
Ford                 Gregory              Hayes
Jackson              Martin               Mescher
Peeler               Reese                Richter
Rose                 Russell              Setzler*
Smith, G.            Waldrep              Wilson
TOTAL--18

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The amendment was laid on the table.

Amendment No. 220

Senator J. VERNE SMITH proposed the following Amendment No. 220 (745.VRC), which was adopted:

Amend the bill, as and if amended, Part IA, Section 30, Department of Health and Environmental Control, page 250, line 14 by:

. . . . .COLUMN 7. . . . .COLUMN 8

STRIKING:. . . . .12,343,581. . . . .3,625,762

. . . . .(363.16). . . . .(112.45)

INSERTING:. . . . .12,343,581. . . . .3,597,781

. . . . .(363.16). . . . .(111.45)

Amend the bill further, as and if amended, Part IA, Section 30, Department of Health and Environmental Control, page 250, line 19 by:

. . . . .COLUMN 7. . . . .COLUMN 8

STRIKING:. . . . .9,984,660. . . . .950,458

INSERTING:. . . . .9,984,660. . . . .915,062

Amend the bill further, as and if amended Part IA, Section 30, Department of Health and Environmental Control, page 258, line 19 by:

. . . . .COLUMN 7. . . . .COLUMN 8

STRIKING:. . . . .44,457,976. . . . .14,782,813

INSERTING:. . . . .44,457,976. . . . .14,775,398

Amend sections, totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.


Printed Page 2325 . . . . . Thursday, May 2, 1996

The amendment was adopted.

Amendment No. 152

Senator REESE proposed the following Amendment No. 152 (SBD\018), which was tabled:

Amend the bill, as and if amended, Part IA, Section 34, Department of Public Safety, page 0291, line 4 by:

. . . . .COLUMN 7. . . . .COLUMN 8

STRIKING:. . . . .303,634. . . . .264,600

. . . . . (10.00). . . . .(9.00)

INSERTING:. . . . .39,034. . . . .0

. . . . .(1.00). . . . .(0.00)

Amend the bill further, as and if amended, PartIA, Section 34, Department of Public Safety, page 0291 by:

. . . . .COLUMN 7. . . . .COLUMN 8

STRIKING:. . . . .224,596. . . . .219,756

INSERTING:. . . . .68,696. . . . .63,856

Amend the bill further, as and if amended, Part IA, Section 23, School for the Deaf and Blind, page 0205, by adding after line 14 an appropriately nunmbered item to read:

. . . . .COLUMN 7. . . . .COLUMN 8

MAINTENANCE AND EQUIPMENT. . . . .350,000. . . . .350,000

Amend the bill further, as and if amended, Part IA, Section 23, School for the Deaf and Blind, page 0205, by adding after line 14 an appropriately numbered item to read:

. . . . .COLUMN 7. . . . .COLUMN 8

CAMPUS SECURITY. . . . .70,500. . . . .70,500

Amend sections, totals and title to conform.

Senator REESE explained the amendment.

Senator REESE moved that the amendment be adopted.

Senator LAND moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 95A

Senator THOMAS proposed the following Amendment No. 95A (950.DGJ), which was adopted:

Amend the bill, as and if amended, Part IA, Section 42, DEPARTMENT OF PROBATION, PAROLE AND PARDON, page 354, line 26 by:


Printed Page 2326 . . . . . Thursday, May 2, 1996

. . . . .COLUMN 7. . . . .COLUMN 8

STRIKING:. . . . .2,441,390. . . . .

. . . . .( ). . . . .( )

INSERTING:. . . . .3,774,723. . . . .

. . . . .( ). . . . .( )

Amend sections, totals and title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

Amendment No. 231

Senator THOMAS proposed the following Amendment No. 231 (940.DGJ), which was adopted:

Amend the bill, as and if amended, Part IB, Section 42, Department of Probation, Parole & Pardon Services, page 547, line 5, by adding a new proviso to read:

Every person placed on electronic monitoring shall be assessed a fee to be determined by the Department in accordance with SC Code Section24-21-80, so long as he remains in the electronic monitoring program. The payment of the fee must be a condition of parole or probation and a delinquency of two months or more in making payments may operate as a revocation. All fees generated by this assessment shall be retained by the department to support the electronic monitoring program and carried forward for the same purpose.

Amend sections, totals and title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

Amendment No. 167

Senator WILSON proposed the following Amendment No. 167 (DKA\3734CM.96), which was tabled:

Amend the bill, as and if amended, Part IA, Section 69, Department of Transportation, page 0464, by inserting a new item after line 21:

. . . . .COLUMN 7. . . . .COLUMN 8

/FUNDS TO REPLACE

SPEED LIMIT SIGNS. . . . .66,366/

Amend further, Part II, by adding an appropriately numbered SECTION to read:


Printed Page 2327 . . . . . Thursday, May 2, 1996

/SECTION

TO AMEND SECTION 56-5-1520, AS AMENDED, OF THE 1976 CODE, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR AND TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ERECT THE APPROPRIATE SIGNS WHENEVER A SPEED LIMIT IS CHANGED; 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.

A. Section 56-5-1520 of the 1976 Code, as last amended by Part II, Section 36R, Act 497 of 1994, is further amended to read:

"Section 56-5-1520. (a) General rule. No(A) A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event Speed must be so controlled as may be necessary to avoid colliding with any a person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons a person to use care.

(b) Maximum speed limits.(B) Except when a special hazard exists that requires lower speed for compliance with paragraph (a) of this section subsection (A), the limits specified in this section or established as hereinafter authorized are maximum lawful speeds, and no a person shall not drive a vehicle on a highway at a speed in excess of these maximum limits:

(1) thirty miles an hour in any urban district; seventy miles an hour on the interstate highway system and other freeways where official signs giving notice of this speed limit are posted;

(2) sixty miles an hour on multilane divided primary highways where official signs giving notice of this speed limit are posted; and

(3) fifty-five miles an hour in other locations or on other sections of highways except where speeds above fifty-five miles an hour are otherwise provided by Section 56-5-1510.

(C) Thirty miles an hour is the maximum speed in an urban district and unpaved roads be limited to the speed of forty-five miles per hour. `Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.


Printed Page 2328 . . . . . Thursday, May 2, 1996

(D) The maximum speed limits set forth in this section may be altered as authorized in pursuant to Sections 56-5-1530 and 56-5-1540.

(c) When lower speeds required; penalties; citation for violating speed limits.
(E) The driver of every a vehicle shall drive, consistent with the requirements of paragraph (a) subsection (A), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

(d) Any(F) A person violating the speed limits established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:

(1) in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than fifteen dollars nor more than twenty-five dollars;

(2) in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five dollars nor more than fifty dollars;

(3) in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and

(4) in excess of twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

(e)(G) Any A citation for violating the speed limits issued by any authorized officer must note on it the rate of speed for which the citation is issued.

(f)(H) In expending the funds credited to the state general fund from fines generated under subsection (d) (F), the department first shall consider the need for additional highway patrolmen.

(I) The Department of Transportation shall erect the appropriate signs whenever a speed limit is changed."

B. Section 56-5-1535 of the 1976 Code, as added by Act 409 of 1994, is amended to read:

"Section 56-5-1535. (A) It is unlawful for a person to drive a motor vehicle in a highway work zone at a speed in excess of the speed limit set and posted by signs. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than


Printed Page 2329 . . . . . Thursday, May 2, 1996

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."

C. 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"

D. The 1976 Code is amended by adding:

"Section 56-5-616. The interstate highway system consists of the segments of highways in South Carolina in the officially designated national system of interstate and defense highways."

E. 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."

F. The 1976 Code is amended by adding:

"Section 57-3-175. Notwithstanding any other provision of law, a person moving or hauling a mobile home on the state's interstate highways shall travel at a maximum speed of not more than ten miles an hour below the posted speed limit."

G. Section 56-5-1510 of the 1976 Code is repealed.

H. This section takes effect July 1, 1996./

Amend sections, totals and title to conform.

Senator WILSON explained the amendment.


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