Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Eternal God of every generation and God of our time, we thank You for this another day from Your good and beneficent hand. Grant that we may welcome its every opportunity, waste none of its precious moments and fail not one of its duties. Teach us to know that few victories come without real effort just as there is no rainbow without a cloud and a storm. In our imperfections, may we see Him Who is perfect, in our weakness cling to Him Who is strong. Lead us to where living waters flow, shepherd us to green pastures, and nourish us with the truths of Your Word. Be for us as the fresh air of a new day, bright as the sun at midday.
Thank You, Lord, for hearing our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER Pro Tempore.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER Pro Tempore ordered it confirmed.
The following was received.
February 11, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
This is to advise you that at a meeting of the Rules Committee on February 10, 1988, Representative Thomas E. Huff was elected Chairman of the House Rules Committee.
Sincerely,
Ruth D. Muldrow
Received as information.
The Senate returned to the House with amendments the following:
H. 2704 -- Rep. Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 IN TITLE 15 SO AS TO ENACT THE UNIFORM FEDERAL LIEN REGISTRATION ACT AND TO REPEAL CHAPTER 57 OF TITLE 12 RELATING TO FEDERAL TAX LIENS.
The Senate Amendments were agreed to, and the Bill, 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.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 2136 -- Reps. J. Bradley, J. Brown, Hawkins, Keyserling, Kohn, McLellan, J. Rogers, Sharpe, Waldrop, Petty, McGinnis, J.H. Burriss and Kirsh: A BILL TO AMEND SECTION 23-35-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHOLESALE, RETAIL, AND JOBBERS' LICENSES TO SELL FIREWORKS, SO AS TO FURTHER PROVIDE FOR THE ISSUANCE OF THESE LICENSES AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH RETAIL LICENSES ARE APPROVED; AND TO AMEND SECTION 40-56-10, RELATING TO THE STATE BOARD OF PYROTECHNIC SAFETY, SO AS TO PROVIDE THAT THE STATE FIRE MARSHAL RATHER THAN THE DIVISION OF GENERAL SERVICES SHALL SUPERVISE THE ENFORCEMENT OF THE LAWS AND REGULATIONS OF THE BOARD AND THE PERSONNEL NECESSARY TO CARRY OUT THE DUTIES OF THE BOARD.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3576 -- Reps. Gregory, White, Short, Fair and Kirsh: A BILL TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS FOR SIX YEARS.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3579 -- Reps. Gregory, White, Short, Fair and Kirsh: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF OCCUPATIONAL THERAPY FOR SIX YEARS; AND TO AMEND SECTION 40-36-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION FOR LICENSES FOR OCCUPATIONAL THERAPISTS, SO AS TO CHANGE EDUCATIONAL ACCREDITATION REQUIREMENTS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments on:
H. 2943 -- Rep. Kirsh: A BILL TO AMEND TITLE 39 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 61 SO AS TO REQUIRE AN OUT-OF-STATE PRINCIPAL TO PAY COMMISSIONS OWED TO A SALES REPRESENTATIVE WITHIN A CERTAIN PERIOD AFTER A CONTRACT BETWEEN THEM IS TERMINATED, PROVIDE FOR CERTAIN PUNITIVE DAMAGES AND ATTORNEY'S FEES IF POST-TERMINATION COMMISSIONS ARE NOT PAID IN A TIMELY MANNER, PROVIDE FOR ATTORNEY'S FEES TO BE AWARDED AGAINST PERSONS BRINGING FRIVOLOUS ACTIONS, PROVIDE FOR PERSONAL JURISDICTION OVER CERTAIN NONRESIDENT PRINCIPALS, AND PROVIDE THAT ANY AGREEMENTS WHICH WAIVE ANY OF THE REQUIREMENTS OF THIS CHAPTER ARE VOID.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3461 -- Rep. Petty: A BILL TO AMEND SECTION 40-6-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO AUCTIONEERS, SO AS TO DEFINE "ESTATE" AUCTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-6-156 SO AS TO PROHIBIT THE SALE AT AUCTION OF ANY PROPERTY OTHER THAN THE PROPERTY OF A SPECIFIED DECEASED PERSON OR THE PROPERTY OF A SPECIFIED LIVING PERSON'S ESTATE AT ANY AUCTION CONDUCTED OR ADVERTISED AS AN ESTATE SALE.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3463 -- Rep. Petty: A BILL TO AMEND SECTION 40-6-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO AUCTIONEERS, SO AS TO DEFINE "ABSOLUTE AUCTION" AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-6-145 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO CONDUCT OR ADVERTISE THAT AN AUCTION IS "ABSOLUTE" IF MINIMUM OPENING BIDS ARE REQUIRED OR OTHER CONDITIONS ARE PLACED ON THE SALE WHICH LIMIT THE SALE OTHER THAN TO THE HIGHEST BIDDER.
Ordered for consideration tomorrow.
Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3428 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 59-63-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGE OF ATTENDANCE OF PUPILS, SO AS TO PERMIT A CHILD WHO HAS COMPLETED ONE YEAR OF KINDERGARTEN, WITHIN OR WITHOUT THIS STATE, TO ENTER THE FIRST GRADE.
Ordered for consideration tomorrow.
Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 531 -- Education Committee: A BILL TO AMEND SECTION 59-25-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT AND DISMISSAL OF TEACHERS, SO AS TO DEFINE "TEACHER", FOR PURPOSES OF THIS SECTION, AS MEANING ALL EMPLOYEES POSSESSING A PROFESSIONAL CERTIFICATE ISSUED BY THE STATE DEPARTMENT OF EDUCATION, EXCEPT THOSE EMPLOYEES WORKING PURSUANT TO MULTI-YEAR CONTRACTS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3520 -- Reps. Rudnick, Taylor, Ferguson, Klapman, Washington, Whipper, McBride, Thrailkill and Lanford: A BILL TO AMEND SECTION 16-23-490 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL PUNISHMENT FOR POSSESSING A FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME, SO AS TO INCREASE THE PENALTY FOR VIOLATION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3594 -- Rep. Wilkins: A BILL TO AMEND SECTION 20-7-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTIVE CUSTODY OF CHILDREN, SO AS TO CHANGE THE TIME FOR THE HEARING TO BE HELD TO DETERMINE WHETHER CUSTODY MAY BE REMOVED.
Ordered for consideration tomorrow.
The following was introduced:
H. 3715 -- Reps. McEachin, J.W. McLeod, Gilbert, Mattos and McKay: A CONCURRENT RESOLUTION TO CONGRATULATE FLORENCE COUNTY SHERIFF WILLIAM C. "BILLY" BARNES UPON BEING NAMED "SHERIFF OF THE YEAR" BY THE SOUTH CAROLINA SHERIFFS' ASSOCIATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3716 -- Reps. E.B. McLeod, Blanding, McElveen and G. Brown: A CONCURRENT RESOLUTION TO REQUEST THAT IF A HAZARDOUS WASTE FACILITY PERMIT IS ISSUED TO THE GSX HAZARDOUS WASTE LANDFILL IN SUMTER COUNTY THAT THIS PERMIT BE LIMITED TO THE VOLUME NEEDED FOR DISPOSAL DURING THE TERM OF THE PERMIT AND TO LIMIT THE PROXIMITY TO LAKE MARION OF FUTURE DISPOSAL ACTIVITIES.
Five members objecting to immediate consideration, the Resolution was ordered referred to the Committee on Agriculture and Natural Resources.
The following was introduced:
H. 3717 -- Reps. E.B. McLeod, Blanding, McElveen and G. Brown: A CONCURRENT RESOLUTION TO REQUEST TREATMENT, STORAGE, AND DISPOSAL FACILITIES IN SOUTH CAROLINA GIVE PRIORITY TO RECEIPT OF SOUTH CAROLINA-GENERATED HAZARDOUS WASTE TO ASSURE THE AVAILABILITY OF FACILITIES FOR THE MANAGEMENT OF HAZARDOUS WASTE AS REQUIRED BY SECTION 104(c)(9) OF THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (PUBLIC LAW 96-510).
Five members objecting to immediate consideration, the Resolution was ordered referred to the Committee on Agriculture and Natural Resources.
The following was introduced:
H. 3718 -- Reps. J. Harris and Burch: A CONCURRENT RESOLUTION TO CONGRATULATE SHERIFF RALPH C. FREEMAN OF CHESTERFIELD COUNTY FOR BEING ELECTED PRESIDENT OF THE SOUTH CAROLINA SHERIFFS' ASSOCIATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3719 -- Chester Delegation: A CONCURRENT RESOLUTION TO COMMEND MRS. BELVA F. BEAVER OF CHESTER FOR HER OUTSTANDING SERVICE AS A MEMBER OF THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION FROM THE SIXTH JUDICIAL CIRCUIT UPON HER UPCOMING RETIREMENT FROM THE COMMISSION, AND TO REQUEST THE COMMISSION TO NAME THE NEW MOTOR VEHICLE LICENSE BUILDING IN CHESTER IN HER HONOR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3720 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF KAY LAWRENCE OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1176 -- Senator Macaulay: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE E. BLAIR STOUDEMIRE OF WALHALLA IN OCONEE COUNTY, WHO DIED DURING THE LEGISLATIVE INTERIM.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1177 -- Senator Garrison: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DR. PAUL ANDERSON TALMADGE OF ANDERSON IN ANDERSON COUNTY ON BEING NAMED PRESIDENT OF NORTH GREENVILLE COLLEGE.
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. 3721 -- Rep. J. Bradley: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 44 SO AS TO REQUIRE OWNERS OF OFF-ROAD VEHICULAR EQUIPMENT TO OBTAIN A CERTIFICATE OF TITLE AND TO ESTABLISH THE PROCEDURE FOR OBTAINING A CERTIFICATE OF TITLE FOR OFF-ROAD VEHICULAR EQUIPMENT.
Referred to Committee on Education and Public Works.
H. 3722 -- Rep. J. Bradley: A BILL TO AMEND SECTION 56-3-3310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR PURPLE HEART RECIPIENTS, SO AS TO PROVIDE THAT NO FEE MAY BE CHARGED FOR THESE SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works.
H. 3723 -- Rep. J. Bradley: A BILL TO AMEND SECTION 28-2-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MUNICIPALITY'S RIGHT OF CONDEMNATION NOT BEING LIMITED TO THE COUNTY IN WHICH IT IS LOCATED, SO AS TO PROVIDE THAT A MUNICIPALITY MAY NOT CONDEMN LAND OUTSIDE ITS CORPORATE LIMITS FOR PURPOSES OF ESTABLISHING A PARK, PLAYGROUND, OR RECREATIONAL FACILITY, AND TO PROVIDE THAT THE ESTABLISHMENT OF A PARK, PLAYGROUND, OR RECREATIONAL FACILITY BY A MUNICIPALITY OUTSIDE ITS CORPORATE LIMITS IS NOT CONSIDERED TO BE A PUBLIC PURPOSE OF THE MUNICIPALITY FOR WHICH THE POWER OF EMINENT DOMAIN MAY BE USED.
Referred to Committee on Judiciary.
H. 3724 -- Rep. Fair: A BILL TO AMEND SECTION 50-21-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AIDS TO NAVIGATION, REGULATORY MARKERS, AND PROHIBITED ACTS IN REGARD TO THESE NAVIGATION AIDS OR MARKERS, SO AS TO REQUIRE THE DIVISION OF BOATING OF THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT TO PROMULGATE REGULATIONS THAT REQUIRE SCUBA DIVERS TO PLACE APPROPRIATE MARKERS ON THE SURFACE OF THE WATER BELOW WHICH THEY ARE SCUBA DIVING AND REQUIRE BOAT OR VESSEL OPERATORS TO KEEP A SAFE DISTANCE FROM THESE MARKERS, AND TO REVISE THE PENALTIES FOR VIOLATION OF THE SECTION.
Referred to Committee on Agriculture and Natural Resources.
H. 3725 -- Rep. G. Brown: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALE OF ELECTRICITY USED EXCLUSIVELY IN THE PRODUCTION OF POULTRY.
Referred to Committee on Ways and Means.
H. 3726 -- Rep. Elliott: a BILL TO AMEND SECTION 50-17-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF NETS IN THE WATERS OF THE STATE SO AS TO PROVIDE THAT THE WILDLIFE AND MARINE RESOURCES DEPARTMENT MAY ESTABLISH THE LAWFUL MESH SIZE AND LENGTH OF GILL NETS AND PROHIBIT THEIR USE IN AREAS DESIGNATED BY THE DEPARTMENT.
Referred to Committee on Agriculture and Natural Resources.
H. 3727 -- Rep. Aydlette: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-455, SO AS TO PROVIDE THAT A HANDICAPPED STUDENT REQUIRED BY HIS INDIVIDUAL EDUCATION PLAN TO TAKE STATEWIDE TESTS MAY TAKE ANY TEST REQUIRED BY HIS CLASSROOM WORK PURSUANT TO THE STATE DEPARTMENT OF EDUCATION ADMINISTRATIVE GUIDELINES AND PROCEDURES FOR TESTING HANDICAPPED STUDENTS.
Referred to Committee on Education and Public Works.
H. 3728 -- Rep. Wilkins: A BILL TO AMEND SECTION 16-3-1180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION OF VICTIMS OF CRIME, AMOUNT OF AWARD, APPORTIONMENT AMONG MULTIPLE CLAIMANTS, AND REJECTION OF APPLICATION FOR AWARD, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO PROVIDE, AMONG OTHER THINGS, FOR BURIAL EXPENSES NOT TO EXCEED TWO THOUSAND, RATHER THAN ONE THOUSAND, DOLLARS, AND THAT THE AGGREGATE OF AWARD TO AND ON BEHALF OF VICTIMS MAY NOT EXCEED TEN THOUSAND, RATHER THAN THREE THOUSAND, DOLLARS.
Referred to Committee on Judiciary.
H. 3729 -- Rep. Wilkins: A BILL TO AMEND SECTION 16-3-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE PROVISIONS OF LAW DEALING WITH COMPENSATION OF VICTIMS OF CRIME, SO AS TO, AMONG OTHER THINGS, MAKE THESE DEFINITIONS APPLICABLE ALSO TO ARTICLES 14 AND 15 OF CHAPTER 3, TITLE 16 ("VICTIM/WITNESS ASSISTANCE PROGRAM" AND "VICTIM'S AND WITNESS'S BILL OF RIGHTS", RESPECTIVELY), PROVIDE A DEFINITION FOR RECKLESSLY OR INTENTIONALLY INFLICTED INJURY OR DEATH, AND CHANGE VARIOUS EXISTING DEFINITIONS; TO AMEND SECTION 16-3-1170, RELATING TO THE BASIS FOR AN AWARD UNDER THE PROVISIONS DEALING WITH COMPENSATION OF VICTIMS OF CRIME, SO AS TO DELETE CERTAIN PROVISIONS AND TO PROVIDE, AMONG OTHER THINGS, FOR AN AWARD FOR PSYCHIC TRAUMA; AND TO AMEND SECTIONS 16-3-1400, RELATING TO DEFINITIONS UNDER THE PROVISIONS DEALING WITH VICTIM/WITNESS ASSISTANCE PROGRAM, AND 16-3-1520, RELATING TO DEFINITIONS UNDER THE PROVISIONS DEALING WITH VICTIM'S AND WITNESS'S BILL OF RIGHTS, SO AS TO DELETE THE DEFINITION OF "VICTIM" IN BOTH CODE SECTIONS.
Referred to Committee on Judiciary.
H. 3730 -- Rep. McLellan: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER SURPLUS FUNDS RESULTING FROM REDUCTIONS IN AUTOMOBILE LIABILITY INSURANCE COSTS TO THE INSURANCE RESERVE FUND AND TO PROVIDE FOR THE USE OF THESE TRANSFERRED FUNDS.
Rep. McLELLAN asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. KLAPMAN objected.
Referred to Committee on Ways and Means.
H. 3731 -- Rep. Bennett: A BILL TO AMEND SECTION 50-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COSTS OF NONGAME AND ENDANGERED SPECIES' CONSERVATION PROGRAMS, SO AS TO PROVIDE FOR PERMITS FOR THE SALE OF ALLIGATOR PRODUCTS AND THAT THE PROCEEDS FROM PERMIT SALES AND PORTIONS OF THE PROCEEDS FROM THE SALE OF ALLIGATOR PRODUCTS MAY BE USED TO PAY THE COSTS OF THE ALLIGATOR CONTROL MANAGEMENT PROGRAM.
Referred to Committee on Agriculture and Natural Resources.
H. 3732 -- Reps. Felder, G. Brown, T. Rogers, Limehouse, Fair, P. Bradley, G. Bailey, Dangerfield, Edwards, L. Phillips, Short, Simpson, Gregory, Klapman, J. Rogers, Wilkins, Carnell, Hendricks, Huff, McAbee, Foster, Tucker and Baxley: A BILL TO AMEND SECTION 61-9-625, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPORTATION OF WINE INTO THIS STATE BEING LIMITED TO THE REGISTERED PRODUCER THEREOF AND THE REGISTRATION OF A PARTICULAR BRAND BEING AVAILABLE ONLY TO THE PRODUCER OR PRIMARY SOURCE OF SUPPLY, SO AS TO MAKE THE ABOVE PROVISIONS ALSO APPLICABLE TO BEER, ALE, PORTER, AND MALT BEVERAGES.
On motion of Rep. FELDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3733 -- Rep. P. Bradley: A BILL TO PROVIDE FOR AN ADVISORY REFERENDUM TO DETERMINE IF THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WISH TO GIVE ITS BOARD OF TRUSTEES UNLIMITED TAXING AUTHORITY.
On motion of Rep. P. BRADLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3734 -- Reps. H. Brown, Day, Helmly and Williams: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 41 SO AS TO PROVIDE FOR SPECIAL MOTOR VEHICLE LICENSE PLATES FOR PEARL HARBOR SURVIVORS.
Referred to Committee on Education and Public Works.
H. 3735 -- Reps. Hodges, Mappus and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-43-245 SO AS TO MAKE IT UNLAWFUL FOR A LICENSED INSURANCE AGENT KNOWINGLY TO PRESENT OR AID IN THE PREPARATION OF AN INSURANCE APPLICATION CONTAINING FALSE OR MISLEADING INFORMATION MATERIAL TO THE UNDERWRITING OR WHICH OMITS MATERIAL INFORMATION AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 3736 -- Rep. Hodges: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE THE OPERATOR'S LICENSE TO DRIVE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO CLARIFY THE APPLICATION OF THE MINIMUM SENTENCE REQUIREMENT BY SPECIFICALLY LIMITING THE MINIMUM SENTENCE TO CONVICTIONS FOR THIRD AND SUBSEQUENT OFFENSES.
Referred to Committee on Judiciary.
H. 3737 -- Rep. McLellan: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO DELAY THE SUBMISSION OF ITS RECOMMENDATIONS ON ADDITIONAL CAPITAL IMPROVEMENT BOND AUTHORIZATIONS UNTIL MARCH 15, 1988.
On motion of Rep. McLELLAN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 3738 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 41 TO CHAPTER 3 OF TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR SURVIVORS OF THE ATTACK ON PEARL HARBOR AND TO PROVIDE A PENALTY FOR A PERSON WHO COMMITS FRAUD IN THE APPLICATION OR USE OF THE PLATE.
Referred to Committee on Education and Public Works.
H. 3739 -- Rep. Beasley: A BILL TO AMEND SECTIONS 56-1-740 AND 56-1-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF LICENSES BECAUSE OF ACCUMULATION OF POINTS UNDER THE POINT SYSTEM, SO AS TO ESTABLISH PERIODS OF SUSPENSION BASED ON POINT ACCUMULATION AND TO PROVIDE THAT A PERSON WHO ACCUMULATES TWENTY OR MORE POINTS IS NOT ENTITLED TO A REVIEW OF HIS RECORD.
Referred to Committee on Education and Public Works.
H. 3740 -- Rep. Beasley: A BILL TO AMEND SECTION 56-1-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPIRATION AND RENEWAL OF DRIVERS' LICENSES, SO AS TO ELIMINATE OBSOLETE LANGUAGE, ESTABLISH A TEN-DOLLAR RENEWAL FEE, AND TO ALLOW A MEMBER OF THE ARMED FORCES AND DEPENDENTS TO RENEW A LICENSE WITHIN TWO YEARS PAST ITS EXPIRATION DATE.
Referred to Committee on Education and Public Works.
H. 3741 -- Rep. Beasley: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLIED CONSENT TO TEST TO DETERMINE PRESENCE OF ALCOHOL OR DRUGS IN THE SYSTEM OF A MOTOR VEHICLE OPERATOR, SO AS TO REQUIRE HEARINGS TO BE HELD AS PROVIDED BY ARTICLE 3, CHAPTER 23, TITLE 1 OF THE 1976 CODE (THE ADMINISTRATIVE PROCEDURES ACT).
Referred to Committee on Education and Public Works.
H. 3742 -- Rep. Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-221 SO AS TO PROVIDE FOR A MEDICAL ADVISORY BOARD TO ADVISE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON THE MENTAL AND PHYSICAL FITNESS OF PERSONS TO BE LICENSED TO OPERATE MOTOR VEHICLES.
Referred to Committee on Education and Public Works.
H. 3743 -- Rep. Hearn: A BILL TO AMEND TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES, BY ADDING CHAPTER 4 SO AS TO PROVIDE FOR THE REGISTRATION, REGULATION, AND OPERATION OF ALL-TERRAIN VEHICLES, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Referred to Committee on Education and Public Works.
S. 943 -- Senator Garrison: A BILL TO AMEND SECTION 59-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION CONCERNING TEACHER TRAINING PROGRAMS, SO AS TO DELETE THE PROVISION THAT LIMITS UNDERGRADUATES MAJORING IN EDUCATION TO TAKING THE BASIC SKILLS EXAMINATION MORE THAN THREE TIMES AND TO REQUIRE THAT THE TEST BE ADMINISTERED AT LEAST TWICE YEARLY.
Referred to Committee on Education and Public Works.
On motion of Rep. TAYLOR, with unanimous consent, the following was taken up for immediate consideration:
H. 3744 -- Rep. Taylor: A HOUSE RESOLUTION PROVIDING THAT THE USE OF THE HALL OF THE HOUSE OF REPRESENTATIVES AND THE COMMITTEE ROOMS OF THE HOUSE IN THE BLATT BUILDING ON SATURDAY AND SUNDAY, JANUARY 23 AND 24, 1988, AND THE USE OF RELATED OR ASSOCIATED FACILITIES AND AMENITIES BY THE SOUTH CAROLINA JAYCEES ARE WITHOUT CHARGE TO THE JAYCEES.
Whereas, by resolution of this body (H. 3467), adopted on January 12, 1988, the House authorized the South Carolina Jaycees to use the Hall of the House of Representatives and the committee rooms of the House in the Blatt Building on Saturday and Sunday, January 23 and 24, 1988, for the purpose of involving the Jaycees in the legislative process and for the purpose of conducting a model legislature; and
Whereas, this body, under H. 3467, also requested the Division of General Services to provide for the underground parking facilities and the Blatt Building to be made available for reasonable use by the Jaycees, and further resolved that the State House security forces provide assistance and access necessary for the Jaycees' meeting in accordance with previous procedures. Now, therefore,
Be it resolved by the House of Representatives:
That the use of the Hall of the House of Representatives and the committee rooms of the House in the Blatt Building on Saturday and Sunday, January 23 and 24, 1988, and the use of related or associated facilities and amenities by the South Carolina Jaycees are without charge to the Jaycees.
Be it further resolved that a copy of this resolution be forwarded to director of the Division of General Services.
The Resolution was adopted.
The following was received.
Columbia, S.C., February 10, 1988
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. 547:
S. 547 -- Senators Lourie, Land and J. Verne Smith: A BILL TO AMEND SECTION 42-9-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND THE MANNER IN WHICH THE EMPLOYER OR THE INSURANCE CARRIER MUST BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO PROVIDE THAT ANY EMPLOYER OPERATING IN VIOLATION OF SECTION 42-1-310 IS NOT ELIGIBLE FOR REIMBURSEMENT FROM THE SECOND INJURY FUND.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Koon Lanford Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Taylor Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on February 10, 1988.
John H. Burriss C. Lenoir Sturkie Thomas N. Rhoad
STATEMENTS OF ATTENDANCE
Rep. LEWIS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 2, 1988.
Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, February 4, 1988.
Rep. NETTLES signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 9, 1988.
Rep. KIRSH, with unanimous consent, made a statement relative to income tax information.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3700 -- Reps. J. Harris and Burch: A BILL TO AUTHORIZE THE DISTRICT BOARD OF EDUCATION OF CHESTERFIELD COUNTY SCHOOL DISTRICT TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSE FOR WHICH THEIR PROCEEDS MAY BE EXPENDED; AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
H. 3378 -- Reps. Keyserling and M.D. Burriss: A BILL TO AMEND SECTION 48-47- 170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEVELOPMENT AND OPERATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES FOR PURPOSES OF THE SOUTHEASTERN RADIOACTIVE WASTE COMPACT, SO AS TO PROVIDE THAT NO HOST STATE IS REQUIRED TO OPERATE A REGIONAL DISPOSAL FACILITY FOR LONGER THAN TWENTY YEARS OR TO DISPOSE OF MORE THAN THIRTY-TWO MILLION CUBIC FEET OF LOW-LEVEL RADIOACTIVE WASTE, WHICHEVER OCCURS FIRST; TO AMEND SECTION 48-47-280, RELATING TO THE REQUIREMENTS FOR WITHDRAWING FROM THE COMPACT, SO AS TO QUALIFY THE RIGHT OF WITHDRAWAL AND FURTHER PROVIDE FOR THE PROCEDURAL REQUIREMENTS FOR WITHDRAWAL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 48-47-285 SO AS TO ALLOW WITHDRAWAL BY A STATE MORE THAN THIRTY DAYS AFTER THE COMMENCEMENT OF THE SECOND HOST STATE'S DISPOSAL FACILITY ONLY WITH THE UNANIMOUS APPROVAL OF THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMMISSION AND THE CONSENT OF CONGRESS AND TO PROVIDE THAT THE BARNWELL COUNTY DISPOSAL FACILITY IS CONSIDERED THE FIRST HOST STATE DISPOSAL FACILITY.
H. 3534 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-77-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF AUTOMOBILE INSURANCE, SO AS TO DEFINE "INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE" FOR THESE PURPOSES.
H. 3319 -- Reps. J. Harris, J.H. Burriss, Keyserling, T. Rogers, Shelton and Corning: A BILL TO AMEND CHAPTER 16, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 SO AS TO PROVIDE FOR THE PAYMENT OF ESTATE TAX WITH A CONTRIBUTION OF CULTURAL PROPERTY TO A STATE AGENCY.
H. 3358 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTIONS 12-21-780, 12-21-2120, AND 12-21-2550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXES ON TOBACCO PRODUCTS, SOFT DRINKS, AND ADMISSIONS, SO AS TO ALLOW QUARTERLY INSTEAD OF MONTHLY REPORTS ON ACCOUNTS WITH LESS THAN ONE HUNDRED DOLLARS OF TAX LIABILITY MONTHLY.
H. 3497 -- Reps. Kirsh, McLellan, Gregory, Fair, Klapman, J. Harris, Winstead, Ferguson, Hodges, Baker, T. Rogers, Elliott, Taylor, Stoddard, Shelton, J.W. Johnson, Hayes, Nesbitt, R. Brown, M.O. Alexander, Foster, Mattos, McKay, Gentry, Blackwell, Rice, McCain, Huff, L. Phillips, Gilbert, Day, Townsend, G. Bailey, Williams, Gordon, T.C. Alexander, J.C. Johnson, Boan, Lockemy, Hearn, P. Harris, McBride, Waldrop, K. Bailey, Bennett, Corning, White, Nettles, Sheheen, Beasley, Davenport, D. Martin, Faber, Haskins, O. Phillips, Arthur, Lewis, Petty, Kay, Thrailkill, McGinnis, Cole, Lanford, Simpson, Mappus, Wilkins, Toal, Barfield, J. Rogers, Washington, J. Bradley, P. Bradley, McEachin, T.M. Burriss, McAbee, Carnell and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 1 SO AS TO PROVIDE FOR THE COMPLIANCE REVIEW ACT OF 1988 BY CREATING A FORMAL STRUCTURED PROCESS TO BE CONDUCTED BY THE REORGANIZATION COMMISSION TO DETERMINE THE DEGREE OF AGENCY COMPLIANCE WITH THE FINDINGS AND RECOMMENDATIONS CONTAINED IN LEGISLATIVE AUDIT COUNCIL REPORTS AND TO PROVIDE FOR THE CHAPTER TO APPLY TO ANY AUDIT OR REPORT RELEASED TO THE PUBLIC AFTER DECEMBER 31, 1988.
H. 3357 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-3-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY OF THE SOUTH CAROLINA TAX COMMISSION TO CONTRACT FOR COMPUTER SERVICES WITH OTHER STATE AGENCIES, SO AS TO BROADEN THE CONTRACTING AUTHORITY TO INFORMATION RESOURCES OR OTHER RELATED SERVICES.
H. 3369 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-21-1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE BEER AND WINE LICENSE TAX, SO AS TO EXCLUDE FROM THE DEFINITION OF BEER AND WINE BEVERAGES WITH AN ALCOHOL CONTENT OF LESS THAN ONE-HALF PERCENT BY WEIGHT; TO AMEND SECTION 12-21-1730, RELATING TO THE IMPOSITION OF THE SOFT DRINK LICENSE TAX, SO AS TO INCLUDE AS SOFT DRINKS BEER AND WINE WITH AN ALCOHOL CONTENT OF ONE-HALF PERCENT OR LESS BY WEIGHT; AND TO AMEND SECTION 12-21-1860, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOFT DRINK LICENSE TAX, SO AS TO INCLUDE WITHIN THE DEFINITION BEER AND WINE WITH AN ALCOHOL CONTENT OF ONE-HALF PERCENT OR LESS BY WEIGHT.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that it be enrolled for Ratification.
S. 1048 -- Senators Shealy, Wilson and Setzler: A BILL TO PROVIDE FULL MAGISTERIAL POWERS TO THE SPECIAL MAGISTRATE IN LEXINGTON COUNTY TO BE EXERCISED AS DIRECTED BY THE CHIEF MAGISTRATE OF LEXINGTON COUNTY.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3714 -- Reps. E.B. McLeod and Blanding: A BILL TO AMEND SECTION 7-7-501, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO REVISE THESE PRECINCTS, AND TO AMEND SECTION 7-7-502, RELATING TO THE VOTING PLACES IN SUMTER COUNTY, SO AS TO REVISE THESE VOTING PLACES.
The following Bill was taken up.
H. 3227 -- Reps. P. Bradley, Toal, Haskins, Davenport, Baxley, G. Bailey, Limehouse, Jones, Barfield, Wilkins, Klapman, Day, Pettigrew, J.W. McLeod, R. Brown, Gentry, Hawkins, Lockemy, Fair, Taylor, Ferguson, Thrailkill, Nesbitt, Petty, Baker, Rice, McCain, Mattos, J. Harris, Wells, Felder, Koon, Townsend, Kay, Helmly, Sharpe, Sheheen, H. Brown, G. Brown, Mappus, E.B. McLeod, Elliott, McGinnis, Huff, T.M. Burriss, Hearn, Moss, O. Phillips, Chamblee, D. Martin, Dangerfield, Neilson, Lewis, Evatt and Cork: A BILL TO AMEND CHAPTER 15 OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST MORALITY AND DECENCY BY ADDING SECTION 16-15-450, SO AS TO MAKE IT A FELONY FOR ANY PERSON TO FERTILIZE FEMALE ANIMALS WITH HUMAN SPERM, TO ATTEMPT THIS FERTILIZATION, OR TO ENGAGE IN RESEARCH OR CONDUCT EXPERIMENTS REGARDING THIS FERTILIZATION, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO ADD VIOLATIONS OF SECTION 16-15-450 TO THE LIST OF CRIMES CLASSIFIED AS FELONIES BY SECTION 16-1-10.
Rep. HENDRICKS spoke upon the Bill.
Rep. McEACHIN objected to the Bill.
Rep. HENDRICKS continued speaking.
Rep. P. BRADLEY spoke in favor of the Bill and moved to adjourn debate upon the Bill until Wednesday, February 24.
Rep. HENDRICKS moved to table the motion, which was agreed to.
Rep. HENDRICKS moved to commit the Bill to the Committee on Medical, Military, Public and Municipal Affairs.
Rep. GREGORY moved to table the Bill.
Rep. P. BRADLEY demanded the yeas and nays, which were not ordered.
The Bill was then tabled by a division vote of 45 to 29.
The following Bill was taken up.
H. 2541 -- Reps. J.C. Johnson, McAbee, Townsend, Tucker, Kay, Carnell, Toal and Cooper: A BILL TO AMEND SECTION 16-13-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN CERTAIN RENTED OBJECTS CONSTITUTING LARCENY, SO AS TO PROVIDE THAT A FIRST OFFENSE VIOLATION OF THIS SECTION INVOLVING VIDEO OR CASSETTE TAPES WHERE THE DOLLAR AMOUNT OF THE RENTAL CONTRACT IS TWO HUNDRED DOLLARS OR LESS IS CONSIDERED PETIT LARCENY AND TRIABLE AND PUNISHABLE AS SUCH.
Rep. J.C. JOHNSON proposed the following Amendment No. 1 (Doc. No. 1661J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 16-13-425. Any person having a video or cassette tape in his possession or under his control by virtue of a lease or rental agreement, the original dollar amount of which is two hundred dollars or less, who wilfully and fraudulently fails to return the video or cassette tape within seventy-two hours after the lease or rental agreement has expired, or who fraudulently secretes or appropriates this property to any use or purpose not within the due and lawful execution of his lease or rental agreement is guilty of petit larceny which is also triable and punishable as such.
Where the original dollar amount of the video or cassette tape lease or rental agreement is more than two hundred dollars, the person committing this offense is guilty of grand larceny which is triable and punishable as such."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. J.C. JOHNSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2148 -- Rep. Harvin: A BILL TO PROVIDE FOR A PRISONER OF WAR COMMISSION ATTACHED TO THE DEPARTMENT OF VETERANS' AFFAIRS FOR LOGISTICS AND STAFF ONLY AND TO DEFINE ITS POWERS AND DUTIES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0863J), which was adopted.
Amend the bill, as and if amended, by striking Section 1 and inserting:
/SECTION 1. There is established a Prisoner of War Commission in South Carolina composed of one member from each congressional district and one member from the State at large, to be appointed by the Governor with the advice and consent of the legislative delegations of the congressional district involved. A chairman must be elected annually by the commission from its membership. All members must be former prisoners of war. The South Carolina Department of the American Ex-Prisoners of War may submit to the Governor names and biographical data on former prisoners of war willing and able to serve. Their terms are for four years and until their successors are appointed and qualify, except that the initial members from the first, third, and fifth congressional districts shall serve for terms of two years. Vacancies must be filled by the Governor for the remainder of an unexpired term./
Amend further by deleting SECTION 4.
Renumber sections to conform.
Amend totals and title to conform.
Rep. DAVENPORT explained the amendment.
Rep. BAXLEY spoke in favor of the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3304 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 52-17-20, 52-17-30, AND 52-17-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BINGO, SO AS TO TRANSFER THE LICENSING FUNCTIONS OF THE SECRETARY OF STATE IN REGARD TO BINGO TO THE SOUTH CAROLINA TAX COMMISSION.
Rep. CARNELL proposed the following Amendment No. 1 (Doc. No. 1746J), which was later withdrawn.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION _______. Item (1) of Section 12-21-2590 of the 1976 Code is amended to read:
(1) Any person or organization operating a bingo game with prizes in excess of thirty thousand dollars but not greater than fifty thousand dollars a session must obtain an annual Class AA license at the cost of four thousand dollars a year. The holder of a Class AA license shall not conduct more than one bingo session a month and may not offer prizes in cash or other merchandise during any session which exceed two hundred fifty thousand dollars."/
Renumber sections to conform.
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. McTEER raised the Point of Order that the amendment was out of order as it was not germane to the Bill.
Rep. CARNELL argued that the amendment dealt with licensing of bingo games as did the Bill.
The SPEAKER Pro Tempore stated that the amendment was germane and he overruled the Point of Order.
Reps. McEACHIN, J.W. McLEOD and McKAY objected to the Bill.
Rep. CARNELL, with unanimous consent, withdrew the amendment.
Reps. McEACHIN, J.W. McLEOD and McKAY, with unanimous consent, withdrew their objections.
The Bill was then read the second time and ordered to third reading.
The following Bill was taken up.
H. 3458 -- Rep. McLellan: A BILL TO AMEND CHAPTER 11, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE OFFICERS AND EMPLOYEES, BY ADDING ARTICLE 9 SO AS TO ESTABLISH A STATE EMPLOYEE LEAVE-TRANSFER PROGRAM WHEREBY SICK LEAVE OR ANNUAL LEAVE OF AN EMPLOYEE OF A STATE AGENCY MAY BE TRANSFERRED FOR USE BY ANOTHER EMPLOYEE OF THAT AGENCY IN CASES OF PERSONAL EMERGENCY.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 1364J).
Amend the bill, as and if amended, by striking Section 8-11-720 of the 1976 Code and inserting:
/Section 8-11-720. In conformity with guidelines established by the division and following receipt of additional information it may require, the employing agency may, subject to approval by the Budget and Control Board, select leave recipients within the agency for participation in the leave-transfer program from among the potential leave recipients of the agency requesting such leave under Section 8-11-710. The selections of the employing agency after Budget and Control Board approval are final, and there is no administrative or judicial appeal of the selections. Unless the personal emergency involves a medical condition affecting the leave recipient, the employing agency may consider the likely impact on morale and efficiency within the agency in considering a leave recipient's request to use transferred leave./
Amend title to conform.
Rep. T. ROGERS explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 1, Rep. T. ROGERS having the floor.
Rep. E.B. McLEOD asked unanimous consent to recall H. 3558 from the Committee on Ways and Means.
Rep. ARTHUR objected.
The Senate Amendments to the following Bill were taken up for consideration.
S. 688 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-420 SO AS TO PRESCRIBE THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD WITH RESPECT TO THE SPECIFICATIONS FOR, RECEIPT OF, PRINTING, AND DISTRIBUTION OF ANNUAL REPORTS OF STATE AGENCIES, DEPARTMENTS, AND INSTITUTIONS, AND TO PROHIBIT THE PRINTING OF THE REPORTS IN MULTICOLOR FORMAT.
Rep. McLELLAN moved to adjourn debate upon the Senate Amendments, which was adopted.
The Senate Amendments to the following Bill were taken up for consideration.
H. 2042 -- Reps. Rudnick, Barfield, J. Bradley, J. Brown, M.D. Burriss, Hearn, Kirsh, Clyborne, Corning, P. Bradley, Haskins, Wells, McGinnis and Mappus: A BILL TO AMEND SECTION 56-3-1970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PARKING IN HANDICAPPED PARKING PLACES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE PENALTIES FOR VIOLATION.
Rep. RUDNICK explained the Senate Amendment.
The House refused to agree to the Senate Amendments, and a message was ordered sent accordingly.
The Senate Amendments to the following Bill were taken up for consideration.
H. 2573 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 12-37-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT AND RETURN OF MERCHANTS AND MANUFACTURERS' PROPERTY TO THE TAX COMMISSION FOR AD VALOREM TAX PURPOSES SO AS TO PROVIDE THAT THE TAX COMMISSION SHALL FORWARD THE ASSESSMENTS PREPARED AS A RESULT OF THE RETURNS SUBMITTED PURSUANT TO THIS SECTION TO THE APPROPRIATE LOCAL TAXING AUTHORITIES NO LATER THAN AUGUST FIFTEENTH OF THE APPLICABLE TAX YEAR.
Rep. M.O. ALEXANDER proposed the following Amendment No. 1 (Doc. No. 1685J), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Section 12-43-300 of the 1976 Code is amended to read:
"Section 12-43-300. (A) Whenever the market value estimate of any property is fixed by the assessor at a sum greater by one thousand dollars or more than the amount returned by the owner or his agent, or whenever any property is valued and assessed for taxation which has not been previously returned or assessed previously, the assessor shall, on or before the third Monday in June, or as soon thereafter as may be practicable, in the year in which the valuation and assessment is made give written notice thereof to the owner of the property or his agent. The notice shall must include the prior market value, the total market value estimate, the value estimate if applicable, the assessment ratio, the total new assessment, the percentage changes over the prior market value, number of acres or lots, location of property, tax map, appeal procedure, and other pertinent ownership and legal description data required by the South Carolina Tax Commission. The notice may be served upon the owner or his agent personally or by mailing it to the owner or his agent at his last known place of residence which may be determined from the most recent listing in the applicable telephone directory, South Carolina Department of Highways and Public Transportation Motor Vehicle Registration List, county treasurer's records, or official notice from the property owner or his agent. The owner or his agent, if he objects to the valuation and assessment, shall serve written notice of his objection upon the assessor within thirty days of the date of the mailing of the notice. In years when there is no notice of appraisal because of a less than one thousand dollar change or no change in the appraised or assessed value, the owner or agent has until March first to serve written notice of objection upon the assessor of the appraised or assessed value. In those years, failure to serve written notice of objection by March first constitutes a waiver of the owner's right of appeal for that tax year and the assessor is not required to review any request filed after March first. The assessor shall then schedule a conference with the owner or agent within twenty days of receipt of the notice. If the assessor requests it, the owner shall, within thirty days after the conference, shall complete and return to the assessor the form as may be approved by the South Carolina Tax Commission commission relating to the owner's property and the reasons for his objection. Within thirty days after the conference, or as soon thereafter as practicable, the assessor shall mail written notice of his action upon the objection to the owner. The owner or agent, if still aggrieved by the valuation and assessment, may appeal from the action to the Board of Assessment Appeals by giving written notice of the appeal and the grounds thereof to the assessor within ten thirty days from the date of the mailing of the notice. The assessor shall promptly notify promptly the Board of Assessment Appeals of the appeal.
(B) In reassessment years, the written reassessment notice to owners or agents required by Subsection (A) must be given by July first. If there is no timely written notice, the prior year's assessed value must be the basis for assessment for the current taxable year.
(C) The governing body of the county may by ordinance extend the time for filing an objection to the valuation and assessment of real property resulting from reassessment within a county.
(D) The commission shall prescribe a standard reassessment form designed to contain the information required in subsection (A) in a manner that may be understood easily."
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
The SPEAKER Pro Tempore granted Rep. WALDROP a leave of absence for the remainder of the day.
Rep. M.O. ALEXANDER continued speaking.
The amendment was then adopted.
The Senate Amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate Amendments to the following Bill were taken up for consideration.
S. 93 -- Senator Lourie: A BILL TO AMEND SECTION 58-17-1450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF RAILROAD CROSSINGS BY COUNTY SUPERVISORS, SO AS TO ASSIGN THE RESPONSIBILITY TO EXAMINE CROSSINGS TO THE STATE HIGHWAY ENGINEER, TO REQUIRE HIM TO HAVE THE HIGHWAYS AND PUBLIC TRANSPORTATION DEPARTMENT TO TAKE CORRECTIVE ACTIONS OR TO DIRECT RAILROAD COMPANIES, COUNTIES, AND MUNICIPALITIES TO TAKE APPROPRIATE CORRECTIVE SAFETY MEASURES, TO PROVIDE FOR THE PAYMENT OF SAFETY-RELATED EXPENSES, AND TO PROVIDE CIVIL PENALTIES FOR NONCOMPLIANCE.
Rep. O. PHILLIPS explained the Senate Amendment.
The Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3330 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 IN TITLE 38, RELATING TO INSURANCE, SO AS TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THE INSURANCE LAW; TO AMEND SECTION 38-25-320, RELATING TO THE FINE FOR CONDUCTING UNAUTHORIZED INSURANCE BUSINESS IN THIS STATE, SO AS TO INCREASE THE MAXIMUM FINE FROM TEN TO FIFTY THOUSAND DOLLARS; TO AMEND SECTION 38-5-120, RELATING TO ACTS WHICH RESULT IN THE REVOCATION OR SUSPENSION OF AN INSURER'S CERTIFICATE OF AUTHORITY, SO AS TO INCLUDE FAILURE TO COMPLY WITH A LAWFUL ORDER OF THE COMMISSION; TO AMEND SECTION 38-43-130, RELATING TO THE COMMISSIONER'S AUTHORITY TO REVOKE OR SUSPEND AGENTS' LICENSES, SO AS TO DELETE WILFULNESS AS AN ELEMENT OF A VIOLATION, TO INCREASE FROM ONE TO TWO YEARS THE MAXIMUM PERIOD OF A LICENSE SUSPENSION, AND TO REFERENCE THE GENERAL PENALTY PROVISIONS ADDED BY THIS ACT; TO AMEND SECTIONS 38-5-130, 38-7-80, 38-13-90, 38-13-150, 38-17-170, 38-25-330, 38-27-420, 38-29-100, 38-31-80, 38-37-930, 38-39-20, 38-39-40, 38-43-130, 38-43-160, 38-43-190, 38-45-140, 38-45-150, 38-47-60, 38-47-70, 38-53-150, 38-53-340, 38-55-40, 38-55-60, 38-55-80, 38-55-340, 38-57-200, 38-59-30, 38-59-50, 38-63-10, 38-63-20, 38-65-10, 38-65-20, 38-69-10, 38-69-20, 38-71-90, 38-71-220, AND 38-73-80, ALL RELATING TO THE INSURANCE LAW AND CONTAINING SEPARATE PENALTY PROVISIONS, SO AS TO DELETE THE EXISTING PENALTY PROVISIONS AND ADD REFERENCES TO THE GENERAL PENALTY PROVISIONS ADDED BY THIS ACT; AND TO REPEAL SECTIONS 38-25-340, 38-25-350, 38-37-950, 38-37-960, 38-43-140, 38-43-150, 38-61-60, AND 38-73-100 RELATING TO THE INSURANCE LAW.
Rep. HENDRICKS moved to adjourn debate upon the Senate Amendments until Thursday, February 11, which was adopted.
Rep. WILKINS moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 2446 -- Reps. Wilkins and Sheheen: A BILL TO AMEND SECTION 17-24-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING OF A DEFENDANT FOUND GUILTY BUT MENTALLY ILL, SO AS TO DELETE PROVISIONS ALLOWING THE COURT TO ACCEPT A PLEA OF GUILTY BUT MENTALLY ILL; AND TO AMEND SECTION 17-24-20, RELATING TO THE REQUIREMENTS FOR VERDICTS OF GUILTY BUT MENTALLY ILL, SO AS TO PROHIBIT A COURT FROM ACCEPTING A PLEA OF GUILTY BUT MENTALLY ILL.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Blackwell Blanding Boan Brown, G. Brown, J. Brown, R. Burch Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Felder Ferguson Foster Gentry Gilbert Gregory Harris, J. Harris, P. Harvin Haskins Hayes Hearn Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Keyserling Kirsh Klapman Koon Lanford Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rogers, J. Rudnick Sharpe Sheheen Shelton Short Snow Sturkie Taylor Thrailkill Townsend Tucker Washington Wells Whipper White Wilder Wilkins Williams
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. WILKINS, J.W. JOHNSON and NETTLES to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The following was received.
The General Assembly, Columbia, S.C., Feb. 3, 1988
The Committee of Free Conference, to whom was referred:
H. 2446 -- Reps. Wilkins and Sheheen: A BILL TO AMEND SECTION 17-24-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING OF A DEFENDANT FOUND GUILTY BUT MENTALLY ILL, SO AS TO DELETE PROVISIONS ALLOWING THE COURT TO ACCEPT A PLEA OF GUILTY BUT MENTALLY ILL; AND TO AMEND SECTION 17-24-20, RELATING TO THE REQUIREMENTS FOR VERDICTS OF GUILTY BUT MENTALLY ILL, SO AS TO PROHIBIT A COURT FROM ACCEPTING A PLEA OF GUILTY BUT MENTALLY ILL.
Beg leave to report that they have duly and carefully considered the same and recommend:
that the bill do pass amended as follows: strike all after the enacting words and insert:
SECTION 1. Section 17-24-10 of the 1976 Code is amended to read:
"Section 17-24-10. (A) It shall be is an affirmative a defense to a prosecution for a crime that, at the time of the commission of the act constituting the offense, the defendant, as a result of mental disease or defect, lacked the capacity to distinguish moral or legal right from moral or legal wrong and or to recognize the particular act charged as morally or legally wrong.
(B) The defendant has the burden of proving the defense of insanity by a preponderance of the evidence.
(C) (B) Evidence of a mental disease or defect that is manifested only by repeated criminal or other antisocial conduct is not sufficient to establish the defense of insanity."
SECTION 2. Section 17-24-20 of the 1976 Code is amended to read:
"Section 17-24-20. (A) A defendant is guilty but mentally ill if, at the time of the commission of the act constituting the offense, he had the capacity to distinguish right from wrong and or to recognize his act as being wrong as defined in Section 17-24-10(A), but because of mental disease or defect he lacked sufficient capacity to conform his conduct to the requirements of the law.
(B) To return a verdict of 'guilty but mentally ill' the burden of proof shall be upon the State to prove beyond a reasonable doubt to the trier of fact that the defendant committed the crime and the burden of proof shall be upon the defendant to prove by a preponderance of the evidence that when he committed the crime he was mentally ill as defined in subsection (A).
(C) (B) The verdict of guilty but mentally ill may be rendered only during the phase of a trial which determines guilt or innocence and is not a form of verdict which may be rendered in the penalty phase.
(C) A court may not accept a plea of guilty but mentally ill unless, after a hearing, the court makes a finding upon the record that the defendant is mentally ill as provided in Section 17-24-20(A)."
SECTION 3. Section 17-24-30 of the 1976 Code is amended to read:
"Section 17-24-30. In a prosecution for a crime when the affirmative defense of insanity is sufficiently raised by the defendant, or when sufficient evidence of a mental disease or defect of the defendant is admitted into evidence, the trier of fact shall find under the applicable law, and the verdict shall so state, whether the defendant is:
(1) Guilty;
(2) Not guilty;
(3) Not guilty by reason of insanity; or
(4) Guilty but mentally ill."
SECTION 4. Section 17-24-70 of the 1976 Code is amended to read:
"Section 17-24-70. In the event If a verdict is returned or a plea is accepted of 'guilty but mentally ill' the defendant shall must be sentenced by the trial judge as provided by law for a defendant found guilty, however:
(A) If the sentence imposed upon the defendant includes the incarceration of the defendant, the defendant shall must first be taken to a facility designated by the Department of Corrections for treatment and retained there until in the opinion of the staff at that facility the defendant may safely be moved to the general population of the Department of Corrections to serve the remainder of his sentence;
(B) If the sentence includes a probationary sentence, the judge shall have authority to may impose such those conditions and restrictions upon on the release of the defendant as the judge shall deem considers necessary for the safety of the defendant and of the community."
SECTION 5. Section 17-24-90 of the 1976 Code is repealed.
SECTION 6. This act takes effect upon approval by the Governor.
Amend title to conform.
/s/Donald H. Holland /s/David H. Wilkins /s/Thomas E. Smith, Jr. /s/James W. Johnson, Jr. John C. Hayes, III /s/E. LeRoy Nettles, Jr. On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following Concurrent Resolution was taken up.
S. 1039 -- Senator Applegate: A CONCURRENT RESOLUTION TO INVITE THE MEMBERS OF THE GENERAL ASSEMBLY TO HOLD A JOINT SESSION IN CHARLESTON ON MONDAY, MAY 23, 1988, TO CELEBRATE THE BICENTENNIAL OF THE CONSTITUTION OF THE UNITED STATES AND TO INVITE THE MEMBERS OF THE GENERAL ASSEMBLY TO VISIT IN CHARLESTON ON THE PRECEDING WEEKEND BEGINNING ON SATURDAY, MAY 21, 1988.
Rep. HOLT moved to adjourn debate upon the Concurrent Resolution until Wednesday, February 17, which was adopted.
Rep. BLACKWELL moved that the House recur to the morning hour, which was agreed to.
Rep. ELLIOTT, from the Horry Delegation, submitted a favorable report, on:
H. 3423 -- Rep. Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-2865 SO AS TO ESTABLISH VEREEN MEMORIAL HISTORICAL GARDENS IN HORRY COUNTY AS A WILDLIFE SANCTUARY AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Ordered for consideration tomorrow.
The following was introduced:
H. 3745 -- Reps. M.D. Burriss, J. Brown, T.M. Burriss, Corning, Faber, Hearn, Humphries, McBride, T. Rogers, Taylor and Toal: A CONCURRENT RESOLUTION TO CONGRATULATE AND PUBLICLY RECOGNIZE ONE OF SOUTH CAROLINA'S MOST SUCCESSFUL BUSINESSES, DEFENDER INDUSTRIES OF RICHLAND COUNTY, UPON THE OCCASION OF ITS THIRTIETH ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3746 -- Reps. Humphries, M.D. Burriss, T.M. Burriss, Hearn and Corning: A BILL TO AMEND ACT 140 OF 1969, AS AMENDED, RELATING TO SCHOOL DISTRICTS AND THE COUNTY LIBRARY IN RICHLAND COUNTY, SO AS TO PROVIDE THAT BEFORE ANY MERGER OR ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IN RICHLAND COUNTY A REFERENDUM IN EACH SCHOOL DISTRICT MUST BE CONDUCTED, PROVIDE FOR a METHOD OF INITIATING THE REFERENDUM, PROVIDE THAT THE COUNTY LEGISLATIVE DELEGATION SHALL INTRODUCE APPROPRIATE LEGISLATION ADDRESSING THE MERGER OR ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IF A MAJORITY OF THE QUALIFIED ELECTORS IN EACH DISTRICT FAVOR THEIR MERGER OR ALTERATION, AND PROVIDE A SCHEDULE FOR CONDUCTING THE REFERENDUM.
Referred to Richland Delegation.
H. 3747 -- Rep. Carnell: A BILL TO AMEND SECTIONS 56-1-770 AND 56-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDUCTION OF POINTS ASSIGNED TO DRIVERS FOR VARIOUS TRAFFIC VIOLATIONS FOR COMPLETION OF A DEFENSIVE DRIVING COURSE AND MINIMUM STANDARDS AND CONDITIONS OF OPERATION FOR DRIVER TRAINING SCHOOLS, SO AS TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ESTABLISH PROCEDURES FOR THE APPROVAL OF DEFENSIVE DRIVING COURSES OFFERED BY DRIVER TRAINING SCHOOLS WHICH WILL QUALIFY THOSE SUCCESSFULLY COMPLETING THE COURSE FOR A REDUCTION OF POINTS, TO REQUIRE THE DEPARTMENT TO APPROVE COURSES WHICH MEET CERTAIN STANDARDS, AND INCLUDE AMONG THE MINIMUM STANDARDS A REQUIREMENT THAT DRIVER TRAINING SCHOOLS HAVE OR HAVE ACCESS TO SUFFICIENT FACILITIES AND EQUIPMENT TO CONDUCT A DEFENSIVE DRIVING COURSE OF EIGHT HOURS DURATION AND FOR A MINIMUM OF TEN STUDENTS.
Referred to Committee on Education and Public Works.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. T. ROGERS having the floor.
H. 3458 -- Rep. McLellan: A BILL TO AMEND CHAPTER 11, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE OFFICERS AND EMPLOYEES, BY ADDING ARTICLE 9 SO AS TO ESTABLISH A STATE EMPLOYEE LEAVE-TRANSFER PROGRAM WHEREBY SICK LEAVE OR ANNUAL LEAVE OF AN EMPLOYEE OF A STATE AGENCY MAY BE TRANSFERRED FOR USE BY ANOTHER EMPLOYEE OF THAT AGENCY IN CASES OF PERSONAL EMERGENCY.
Debate was resumed on Amendment No. 1, by the Committee on Ways and Means.
Rep. T. ROGERS relinquished the floor.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3628 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO PHARMACIST-IN- CHARGE REQUIRED; RESPONSIBILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 851, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3629 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO DEFINITIONS, APPLICATION FOR EXAMINATION, LICENSURE BY RECIPROCITY, PHARMACY INTERNSHIP CERTIFICATE, SITE OF PROGRAM ACCEPTABLE FOR PRACTICAL EXPERIENCE, PHARMACIST CONSULTANT REQUIRED - RESPONSIBILITIES, MINIMUM STANDARDS OF TECHNICAL EQUIPMENT FOR PRESCRIPTION DEPARTMENTS, PRESCRIPTION RECORDS, AND CONTINUING EDUCATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 843, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3630 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO APPLICATION FOR APPROVAL TO OPERATE A SCHOOL, MINIMUM EQUIPMENT REQUIRED, AND CURRICULUM FOR A SCHOOL OF COSMETOLOGY, MANICURE, OR ESTHETICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 833, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 984 -- Senators J. Verne Smith, Bryan, Mitchell, Stilwell, Thomas, Setzler, Powell, Drummond, Wilson, Hinson, Giese and Shealy: A JOINT RESOLUTION TO AUTHORIZE THE GOVERNING BODY OF ANY COUNTY TO EXTEND UNTIL MARCH 15, 1988, THE DEADLINE FOR APPEALING THE REASSESSMENT OF A PERSON'S AD VALOREM PROPERTY TAXES FOR TAX YEAR 1987 ONLY.
H. 3379 -- Rep. Hayes: A BILL TO AMEND SECTION 12-7-2240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX REFUNDS AND THE RETENTION OF REFUNDS UNDER CERTAIN CONDITIONS, SO AS TO PROVIDE THAT UPON REQUEST FROM AN EDUCATIONAL INSTITUTION, THE TAX COMMISSION SHALL SEND TO IT THE HOME ADDRESS, CORRECTED SOCIAL SECURITY NUMBER, OR ADDITIONAL SOCIAL SECURITY NUMBERS, IF MORE THAN ONE IS USED, OF ANY TAXPAYER WHOSE NAME HAS BEEN SUBMITTED TO THE COMMISSION BY THE EDUCATIONAL INSTITUTION FOR DEFAULTING ON AN EDUCATIONAL LOAN.
H. 3457 -- Rep. McLellan: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE THAT BATTERIES AND CORDS FOR HEARING AIDS AS WELL AS THE HEARING AIDS ARE EXEMPT FROM THE SALES TAX.
S. 1068 -- Senator Powell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-2615 SO AS TO MAKE LAKE SECESSION IN ABBEVILLE COUNTY A WILDLIFE SANCTUARY AND TO PROVIDE PENALTIES.
On motion of Rep. KAY, with unanimous consent, it was ordered that S. 1068 be read the third time tomorrow.
The following Joint Resolution was taken up.
H. 3433 -- Reps. Baker, M.O. Alexander, Blackwell, P. Bradley, Clyborne, Fair, Haskins, Mattos, L. Phillips, Rice, Shelton and Wilkins: A JOINT RESOLUTION TO AUTHORIZE THE GOVERNING BODY OF ANY COUNTY TO EXTEND UNTIL MARCH 15, 1988, THE DEADLINE FOR APPEALING THE REASSESSMENT OF A PERSON'S AD VALOREM PROPERTY TAXES FOR TAX YEAR 1987 ONLY.
Rep. BLACKWELL moved to table the Joint Resolution, which was agreed to.
The following Bill was taken up.
H. 3405 -- Rep. Baker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1250, SO AS TO ALLOW A STATE CORPORATE INCOME TAX CREDIT FOR CORPORATE CONTRIBUTIONS FOR INFRASTRUCTURE CONSTRUCTION OR IMPROVEMENT, TO LIMIT THE CREDIT TO FIFTY PERCENT OF THE EXPENSES, NOT TO EXCEED FIFTEEN THOUSAND DOLLARS, TO ALLOW A THREE-YEAR CARRY FORWARD OF UNUSED CREDIT, AND TO DEFINE INFRASTRUCTURE AS SEWER LINES, WATER LINES, RELATED FACILITIES, AND ROADS NOT FOR THE TAXPAYER'S EXCLUSIVE BENEFIT, BUILT TO APPROPRIATE STANDARDS, AND DEDICATED TO PUBLIC USE.
Rep. BAKER explained the Bill and moved to adjourn debate upon the Bill until Thursday, February 11, which was adopted.
Rep. M.O. ALEXANDER moved to adjourn debate upon the following Bill until Wednesday, February 17, which was adopted.
H. 3412 -- Reps. M.O. Alexander, Blackwell, L. Phillips, T.C. Alexander and Mattos: A BILL TO AMEND SECTION 12-43-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE REQUIREMENTS AND APPEAL PROCEDURES FOR PROPERTY TAX REASSESSMENTS, SO AS TO REQUIRE REASSESSMENT NOTICES TO BE MAILED TO TAXPAYERS ON OR BEFORE THE THIRD MONDAY IN JUNE OF THE REASSESSMENT YEAR AND TO REQUIRE THE NOTICE TO CONTAIN BOTH THE PRIOR MARKET VALUE, THE MARKET VALUE FOLLOWING REASSESSMENT, THE PERCENTAGE CHANGES AND LOCATION OF THE PROPERTY, AND TO REQUIRE THE TAX COMMISSION TO PRESCRIBE A STANDARD REASSESSMENT FORM DESIGNED TO PROVIDE THE REQUIRED INFORMATION IN AN EASILY UNDERSTOOD MANNER; AND TO AMEND SECTION 12-43-210, RELATING TO UNIFORM ASSESSMENTS FOR PURPOSES OF PROPERTY TAXATION, SO AS TO REQUIRE ALL REAL PROPERTY IN A COUNTY TO BE REASSESSED IN ANY REASSESSMENT PROGRAM.
The following Bill was taken up.
H. 3402 -- Reps. Wilkins, J.W. Johnson, Fair, H. Brown, Ferguson, Arthur, Tucker and Nettles: A BILL TO AMEND SECTIONS 16-1-10, AS AMENDED, 16-1-20, 16-3-210, 16-3-430, 16-3-730, 16-11-617, 16-5-10, 16-7-170, 16-9-320, 16-11-20, 16-11-125, 16-11-170, 16-11-510, 16-11-520, 16-11-560, 16-11-570, 16-13-110, 16-13-160, 16-13-180, 16-13-190, 16-13-200, 16-13-250, 16-13-260, 16-13-290, 16-13-320, 16-13-385, 16-15-130, 16-15-250, 16-17-410, 16-17-430, 16-21-10, 16-21-40, 16-21-60, 16-21-80, 16-21-130, 16-21-140, 16-23-260, 16-23-440, 17-25-20, AND 17-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES, SO AS TO REDEFINE "FELONY" AND "MISDEMEANOR", TO DESIGNATE NUMEROUS CRIMES STATUTORILY DESIGNATED "MISDEMEANORS" AS "FELONIES", TO ESTABLISH THE PENALTIES FOR CRIMES NOT STATUTORILY DESIGNATED AS FELONIES OR MISDEMEANORS, TO DELETE THE CRIMES UNNECESSARILY LISTED IN SECTION 16-1-10, TO REDUCE THE SENTENCE FOR CONVICTION OF LYNCHING IN THE FIRST DEGREE AND DUELING FROM DEATH TO NOT LESS THAN THREE MONTHS TO NOT MORE THAN THIRTY YEARS, AND TO PROVIDE THAT CONVICTIONS OF CULTIVATION OF MARIJUANA OR RECEIVING STOLEN GOODS ARE FELONIES INSTEAD OF MISDEMEANORS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-3-621 AND 16-13-16 SO AS TO DEFINE THE FELONY OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE AND THE FELONY OF GRAND LARCENY; AND TO REPEAL SECTIONS 16-1-15, 16-1-30, 16-3-30, AND 16-3-40 OF THE 1976 CODE, SECTION 6 OF ACT 168 OF 1987, AND SECTION 8 OF ACT 16 OF 1987 RELATING TO CRIMES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1234J).
Amend the bill, as and if amended, by adding after the enacting words:
/SECTION 1. Section 7-13-1920 of the 1976 Code is amended to read:
"Section 7-13-1920. Any A person who wilfully tampers with or attempts to tamper with, disarrange, deface, or impair, in any manner whatsoever, or destroy any such voting machine while it is in use at any an election or who shall, after such the machine is locked in order to preserve the registration or record of any an election made by it, tamper tampers with or attempt attempts to tamper with such the machine or who instigates, aids, or abets any other person in any case herein mentioned in this section, with intent to destroy or change the record of votes on a voting machine, shall be is guilty of a misdemeanor felony and, upon conviction thereof, shall must be imprisoned for not less than three months nor more than three years."
SECTION 2. Section 10-11-360 of the 1976 Code is amended to read:
"Section 10-11-360. Any A person violating the provisions of this article shall be deemed is guilty of a misdemeanor felony and, upon conviction, shall must be fined not exceeding more than five thousand dollars or imprisoned for a term not exceeding to exceed five years, or both."
SECTION 3. Section 11-1-40 of the 1976 Code is amended to read:
"Section 11-1-40. It shall be is unlawful for any a public officer, State state or county, authorized to so contract, to enter into a contract for any purpose whatsoever in a sum in excess of the tax levied or the amount appropriated for the accomplishment of such that purpose or to divert or appropriate the funds arising from any tax levied and collected for any one fiscal year to the payment of any indebtedness contracted or incurred for any precious year. On violating the provisions of this section any such An officer violating the provisions of this section shall be is guilty of a misdemeanor felony and, upon conviction thereof, shall must be punished by a fine not exceeding five thousand dollars and not less than five hundred dollars and or by imprisonment at hard labor in the State Penitentiary for a period not exceeding to exceed five years nor less than one year, either or both, in the discretion of the court."
SECTION 4. Section 12-1-90 of the 1976 Code is amended to read:
"Section 12-1-90. If any:
(1) Person shall A person who, contrary to the statutes of this State regulating the appointment of the county auditor and county treasurer, (a) accept, hold accepts, holds, or exercise exercises or attempt attempts to hold or exercise the office of county auditor or treasurer or (b) fails, when application is made to him by his successor, fails to turn over all books, papers, and property of all kinds whatsoever pertaining to either of such the offices;
(2) County A county treasurer, county auditor, or member of any county board of equalization who shall neglect, refuse neglects, refuses, or evade evades the performance of the duties imposed upon him by law regulating the assessment and collection of taxes;
(3) County A county auditor shall neglect who neglects or refuse refuses to comply with the requirements of the law in the making up of his duplicate or shall fail fails to file with the Comptroller General the abstracts, vouchers, and settlement sheets within the time required by law;or
(4) County A county treasurer who, after being notified of his removal or suspension from office, shall fail fails to settle with the county auditor and the Comptroller General and pay over all State state and county moneys monies in his hands to the officers entitled by law to receive the same them, within ten days after being so notified;
We shall be is guilty of a misdemeanor felony and, upon trial and conviction thereof, shall must be punished therefor by a fine not exceeding five thousand dollars or by imprisonment not exceeding five years or by both such punishments, in the discretion of the court."
SECTION 5. Section 12-7-2750 of the 1976 Code is amended to read:
"Section 12-7-2750. Any A person or any officer or employee of any a corporation, or any a member or employee of any a partnership, who, with intent to evade any requirement of this chapter, or any lawful requirement of the Commission commission under the provisions of this chapter, shall fail fails to pay any tax, to make, sign, or verify any return, or to supply any information required by or under the provisions of this chapter or who with like intent shall make, render, sign makes, renders, signs, or verify verifies any false or fraudulent return or statement, or shall supply supplies any false or fraudulent information, shall be is guilty of a misdemeanor felony and, upon conviction, must be fined not to exceed five thousand dollars, or be imprisoned not to exceed five years, or both, at the discretion of the court."
SECTION 6. Section 12-9-840 of the 1976 Code is amended to read:
"Section 12-9-840. Any A person or any officer or any employee of any corporation, or any a member or any employee of any a partnership, who with intent to evade any requirement of this chapter or Chapter 7 of this Title title, or any lawful requirement of the Commission commission under the provisions of this chapter or Chapter 7 of this Title title, shall fail fails to make, sign, or verify any return, to withhold any tax, or to remit any tax withheld, or to supply any information required by or under the provisions of this chapter or Chapter 7 of this Title title, or who with like intent shall make, render, sign makes, renders, signs, or verify verifies any false or fraudulent return or statement, or shall supply supplies any false or fraudulent information, shall be is guilty of a misdemeanor felony and, upon conviction, must be fined not to exceed five thousand dollars, or be imprisoned not to exceed five years, or both, at the discretion of the court."
SECTION 7. Section 12-15-1340 of the 1976 Code is amended to read:
"Section 12-15-1340. Any A person required under this chapter to pay any a tax or required by this chapter or by regulations made under its authority thereof to make a return, keep any records, or supply any information who willfully wilfully fails to pay such tax, make such the return, keep such the records, or supply such the information, at the time or times required by law or regulations, shall, in addition to other penalties provided by law, be is guilty of a misdemeanor felony and, upon conviction thereof, shall must be fined not more than ten thousand dollars or imprisoned not more than three years, or both."
SECTION 8. Section 12-21-2540 of the 1976 Code is amended to read:
"Section 12-21-2540. Whoever (a) alters, restores, or otherwise prepares in any manner whatsoever any an admission ticket with intent to use or cause it to be used after it has already been used, (b) knowingly or willfully wilfully buys, sells, offers for sale, or gives away any such a restored or altered ticket to any person, (c) knowingly uses any such a restored or altered ticket or has in his possession any an altered or restored ticket, which has been previously used previously for the purpose for which it was originally intended originally, or (d) prepares, buys, sells, offers for sale, or has in his possession any a counterfeit ticket is guilty of a misdemeanor felony and, upon conviction, shall be punished with a fine of must be fined not more than one thousand dollars, or imprisoned not exceeding five years, or both, in the discretion of the court."
SECTION 9. Section 12-21-3070 of the 1976 Code is amended to read:
"Section 12-21-3070. Whoever:
(1) Fraudulently fraudulently cuts, tears, or removes from any vellum, parchment, paper, instrument, or writing upon which any a tax is imposed by this chapter any adhesive stamp used in pursuance of this chapter;
(2) Fraudulently fraudulently uses, joins, fixes, or places to, with or upon any vellum, parchment, paper, instrument, or writing upon which any a tax is imposed by this chapter (a) any adhesive stamp which has been cut, torn, or removed from any other vellum, parchment, paper, instrument, or writing upon which any a tax is imposed by this chapter, (b) an adhesive stamp of insufficient value, or (c) any a forged or counterfeited stamp;
(3) Willfully wilfully removes or alters the cancellation cancellation or defacing marks of, or otherwise prepares, any an adhesive stamp, with intent to use or cause it to be used, after it has already been used, or knowingly or willfully wilfully buys, sells, offers for sale, or gives away any such washed or restored stamp to any a person for use or knowingly uses any such the stamp;
(4) Has has in his possession any a washed, restored, or altered stamp which has been removed from any vellum, parchment, paper, instrument, or writing or from the articles to which it had previously been affixed previously;
(5) Buys buys, sells, offers for sale, or has in his possession or knowingly or willfully wilfully prepares any counterfeit stamps; or
(6) Re-uses any reuses a stamp which has theretofore been used previously for the purpose of indicating the payment of any a tax imposed by this chapter; Is is guilty of a misdemeanor felony and, upon conviction, shall must be punished by a fine of fined not more than five thousand dollars or by imprisonment imprisoned for not more than five years, or both, in the discretion of the court.
Any A person or officer or employee of any a corporation, or any a member or employee of any a partnership, who with intent to evade any lawful requirement of this chapter or any lawful requirement of the Commission under the provisions of this chapter, shall fail fails to pay any a tax, make any report or submit any information required by or under the provisions of this chapter, or who with like intent shall make makes a false or fraudulent statement or report or who shall supply supplies any false or fraudulent information shall be is guilty of a misdemeanor felony and, upon conviction, must be fined not to exceed five thousand dollars, or be imprisoned not to exceed five years, or both, at the discretion of the court."
SECTION 10. Section 12-27-50 of the 1976 Code is amended to read:
"Section 12-27-50. Any A person, an officer, or employee of any a corporation, or any a member or employee of any a partnership, who, with intent to evade any lawful requirement of this chapter or any lawful requirement of the Commission under the provisions of this chapter, shall fail commission fails to pay any a tax, make any a report, or submit any information required by or under the provisions of this chapter, or who with like intent shall make makes a false or fraudulent statement or report or who shall supply any supplies false or fraudulent information shall be is guilty of a misdemeanor felony and, upon conviction, must be fined not to exceed five thousand dollars, or be imprisoned not to exceed five years, or both, at the discretion of the court."
SECTION 11. Section 12-29-610 of the 1976 Code is amended to read:
"Section 12-29-610. Any A person or an officer or employee of any a corporation, or any a member or employee of any a partnership, who, with intent to evade any a lawful requirement of this chapter or any a lawful requirement of the Commission under the provisions of this chapter, shall fail commission fails to pay any a tax, make any a report or submit any information required by or under the provisions of this chapter, or who with like intent shall make makes a false or fraudulent statement or report, or who shall supply supplies any false or fraudulent information shall be is guilty of a misdemeanor felony and, upon conviction, must be fined not to exceed five thousand dollars, or be imprisoned not to exceed five years, or both, at the discretion of the court."
SECTION 12. Section 12-31-670 of the 1976 Code is amended to read:
"Section 12-31-670. Any A person or an officer or employee of any a corporation, or any a member or employee of any a partnership, who, with intent to evade any lawful requirement of this chapter or any lawful requirement of the Commission under the provisions of this chapter, shall fail commission fails to pay any a tax, make any a report, or submit any information required by or under the provisions of this chapter, or who with like intent shall make makes a false or fraudulent statement or report or who shall supply any supplies false or fraudulent information shall be is guilty of a misdemeanor felony and, upon conviction, must be fined not to exceed five thousand dollars, or be imprisoned not to exceed five years, or both, at the discretion of the court."
SECTION 13. Section 12-35-400 of the 1976 Code is amended to read:
"Section 12-35-400. Any A person liable for the license tax provided by this article who shall fail fails to comply with a lawful regulation of the Commission commission or who shall fail to pay the tax, or obtain the license within the time provided shall be is liable to a penalty of five hundred dollars, but the Commission may commission, upon making a record of its reasons therefor, may remit such the penalty in whole or in part. In addition to the penalty above provided, any Also, a person liable for the license tax provided by this article who shall engage engages in business as a seller or retailer in this State without a retail license or after such the license has been suspended, and each officer of any a corporation which so engages in business, shall be is guilty of a misdemeanor felony and shall, upon conviction, must be fined not to exceed five thousand dollars or be imprisoned not to exceed five years, or both, at the discretion of the court."
SECTION 14. Section 12-35-1400 of the 1976 Code is amended to read:
"Section 12-35-1400. Any A person or an officer or employee of any a corporation or member or employee of any a partnership who, with intent to evade any requirement of this chapter or any lawful requirement of the Tax Commission under this chapter, shall fail fails to pay any a tax, make, sign, or verify any a return, supply any information required by or under such the provisions, or fail fails to acquire necessary licenses required by such provisions, or who, with like intent shall make, render, sign makes, renders, signs, or verify any verifies a false or fraudulent return or statement required by this chapter, or supply any supplies false or fraudulent information required by this chapter, shall be is liable to a penalty of five hundred dollars to be recovered by the Attorney General, in the name of the people, by action in any the court of competent jurisdiction located in common pleas of the county where such the defendant resides and shall also be also is guilty of a misdemeanor felony and, upon conviction, shall must be fined not to exceed five thousand dollars or be imprisoned not to exceed five years, or both, at the discretion of the court."
SECTION 15. Section 12-45-110 of the 1976 Code is amended to read:
"Section 12-45-110. Any State A state or county officer who shall fail fails to comply with or who shall evade evades or attempt attempts to evade any of the provisions of Sections 12-45-40 to 12-45-70, 12-45-90, and 12-45-100 shall be is guilty of a misdemeanor felony and, upon conviction thereof, shall must be punished by a fine not exceeding five thousand dollars or by imprisonment imprisoned for a period not exceeding five years, or both, at the discretion of the court."
SECTION 16. Section 12-54-40(f)(4) is amended to read:
"(4) In connection with the preparation of a tax return for another, the filing of a tax return, or the payment of any tax, receives money from the payment of any tax, receives money from the other person with the understanding that it is to be paid over to the Commission commission to discharge in whole or in part, the other person's tax liability and wilfully fails to pay over the same money to the Commission commission is guilty of a misdemeanor felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than three years, or both, for each offense together with the cost of prosecution."/
Amend further, as and if amended, by striking Section 16-3-210, as contained in SECTION 3, and inserting:
/Section 16-3-210. Any An act of violence inflicted by a mob upon the body of another person which results in the death of the person shall constitute is the crime of lynching in the first degree and shall be is a felony. Any person found guilty of lynching in the first degree must be sentenced to thirty years' imprisonment unless the defendant is sentenced for murder as provided in Section 16-3-20 shall suffer death unless the jury shall recommend the defendant to the mercy of the court, in which event the defendant to the mercy of the court, in which event the defendant shall be confined at hard labor in the State Penitentiary for a term not exceeding forty years or less than five years at the discretion of the presiding judge."
Amend further, as and if amended, Section 16- 13-320 as contained in SECTION 28, page 16, line 16, by striking /misdemeanor felony/ and inserting /misdemeanor/.
Amend further, as and if amended, page 22, by striking SECTION 41 in its entirety.
Amend further, as and if amended, by adding after SECTION 46 the following sections to be appropriately numbered:
/SECTION _____. Section 23-31-340 of the 1976 Code is amended to read:
"Section 23-31-340. Any A person violating any of the provisions of this article shall be deemed is guilty of a misdemeanor felony and, on upon conviction thereof, shall must be fined not more than ten thousand dollars or be imprisoned not more than ten years, or both."
SECTION _____. Section 23-35-130 of the 1976 Code is amended to read:
"Section 23-35-130. It is unlawful to manufacture, store, transport, or possess fireworks containing pyrotechnic composition in excess of two grains, designed to produce a loud and piercing effect, including, but not limited to, fireworks commonly called 'ground salutes' or 'cherry bombs', M-80's, T-N-T salutes, and 'bulldog salutes'. A manufacturer shall obtain a permit to store or assemble materials for public fireworks displays. No manufacturer may store public display material in the same building where legal fireworks are offered for sale to retailers.
The provisions of this chapter may not be construed as prohibiting continuous interstate commerce through this State into another state of any item of fireworks permitted for shipment by the regulations of the Interstate Commerce Commission or the United States Department of Transportation, or their successors. It is unlawful to ship into or through this State or possess, sell, or use, under any circumstances, any article of fireworks that is forbidden for transportation by regulations of the Interstate Commerce Commission or the United States Department of Transportation, or their successors. Any A person who violates the provisions of this section is guilty of a misdemeanor felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than four years, or both."
SECTION _____. Section 24-1-270 of the 1976 Code is amended to read:
"Section 24-1-270. (1) As used in this section, the term "State 'state correctional properties' shall include includes all property under the control of the Commissioner commissioner of the South Carolina Department of Corrections, or his agents, for the confinement of inmates or other uses pursuant to the Commissioner's commissioner's responsibilities.
(2) Notwithstanding any other provisions of law relating to trespass, it shall be It is unlawful for any person to:
(a) To trespass or loiter on State state correctional properties after notice to leave is given by the Commissioner commissioner or his authorized agents or, after lawful entry, refuse to leave the premises after such the notice; or
(b) To incite, solicit, urge, encourage, exhort, instigate, or procure any other person to violate the provisions of item (a) of this subsection.
(3) Any A person violating the provisions of this section shall be deemed is guilty of a misdemeanor felony and, upon conviction, shall must be fined not exceeding five thousand dollars or imprisoned for a term not exceeding five years, or both.
(4) The provisions of this section shall may not be construed to bar prosecution of other offenses committed on State state correctional property."
SECTION _____. Section 27-29-150 of the 1976 Code is amended to read:
"Section 27-29-150. Any A person who willfully wilfully violates any provision of this chapter or of a rule regulation adopted under it or any person who willfully wilfully, in an application for registration, makes any untrue statement of a material fact or omits to state a material fact is guilty of a misdemeanor felony, and, upon conviction, may must be fined not less than one thousand dollars or double the amount of gain from the transaction, whichever is the larger, but not more than fifty thousand dollars; or he may be imprisoned for not more than three years, or both."
SECTION _______. Section 29-1-30 of the 1976 Code is amended to read:
"Section 29-1-30. Any A person who shall wilfully and knowingly sell sells and convey any conveys real or personal property on which any a lien exists without first giving notice of such the lien to the purchaser of such the real or personal property shall be deemed is guilty of a misdemeanor felony and, upon conviction thereof, shall must be imprisoned for a term of not less than ten days nor more than three years and be or fined not less than ten dollars nor more than five thousand dollars, either or both in the discretion of the court. But the The penalties enumerated in this section shall do not apply to public officers in the discharge of their official duties. When the value of such the property is less than fifty dollars the offense may be is triable in the magistrate's court and the punishment shall be not more than is permitted by law without presentment or indictment of the grand jury. When the case is within the jurisdiction of the magistrate's court, but the court of general sessions shall have has concurrent jurisdiction with the magistrate's court."
SECTION ____. Section 35-2-100 of the 1976 Code is amended to read:
"Section 35-2-100. (1) Any A person, including a controlling person of an offeror or target company, who violates this chapter or any regulation or order promulgated under the provisions of this chapter shall be deemed is guilty of a misdemeanor felony and, upon conviction, shall must be fined not more than five thousand dollars or imprisoned not more than three years, or both. Each of the acts specified shall constitute constitutes a separate offense and a prosecution or conviction for any one of such the offenses shall does not bar prosecution or conviction for any other offense. No indictment or information may be returned under this chapter more than three years after the alleged violation.
(2) The Securities Commissioner may refer such evidence as is available concerning violations of this chapter or of any regulation or order hereunder under it to the attorney general Attorney General or the solicitor of the appropriate circuit who may, with or without any a reference, may institute the appropriate criminal proceedings under this chapter. If referred to a solicitor, he shall within ninety days shall file, within ninety days, with the Securities Commissioner a statement concerning any action taken or, if no action has been taken, the reasons therefor for no action.
(3) Nothing in this chapter shall limit limits the power of the State to punish any a person for any conduct with which constitutes a crime under any other another statute."
SECTION ______. Section 38-7-140 of the 1976 Code is amended to read:
"Section 38-7-140. If any A person or any an officer or employee of any an insurer or other person, who, with intent to evade any requirement of this title or any a lawful requirement of the Commissioner commissioner, fails to pay any fees, taxes, penalties, or interest, fails to make, sign, or verify any return, or fails to supply any information required by this title, or with like intent makes, renders, signs, or verifies any false or fraudulent information, that person is guilty of a misdemeanor felony and, upon conviction, must be fined an amount not to exceed five thousand dollars or imprisoned for a term not to exceed five years, or both."
SECTION ______. Section 38-37-1650 of the 1976 Code is amended to read:
"Section 38-37-1650. Any A person violating a provision of this article is guilty of a misdemeanor felony and, upon conviction, shall pay a fine of must be fined not more than five thousand dollars or must be imprisoned for not more than five years, or both."
SECTION ______. Section 38-55-170 of the 1976 Code is amended to read:
"Section 38-55-170. Any A person who knowingly causes to be presented to an insurer transacting business in this State a false claim or payment, or who knowingly assists, solicits, or conspires with another to present a false claim for payment, is guilty of a misdemeanor felony and, upon conviction, must be imprisoned for not more than five years or fined not more than five thousand dollars, or both."
SECTION _______. Section 39-15-750 of the 1976 Code is amended to read:
"Section 39-15-750. The owner of such timber or any other A person who shall cut cuts out or off, obliterate or in any manner obliterates, defaces, or destroys the brand of the purchaser or owner upon such timber or who shall injure, remove, secrete, take, receive or attempt injures, removes, secretes, takes, receives, or attempts to sell or purchase such timber so long as such the brand lawfully remains thereon shall be on it is guilty of a misdemeanor felony and, upon conviction thereof, shall must be imprisoned for a term of not less than thirty days nor more than three years and be or fined not less than one hundred dollars nor more than 3 three thousand dollars, either or both."
SECTION ______. Section 39-21-125 of the 1976 Code is amended to read:
"Section 39-21-125. Any A person who shall knowingly issue issues a warehouse receipt in any a name other than that of the lawful owner of the commodity, or his designee, for which the receipt is given shall be deemed is guilty of a misdemeanor felony and, upon conviction, shall must be punished by imprisonment for a period of imprisoned for not less than one year nor more than five years or by a fine fined not exceeding more than five thousand dollars, or both."
SECTION ______. Section 39-21-126 of the 1976 Code is amended to read:
"Section 39-21-126. Any A person who shall knowingly deliver delivers an agricultural commodity to a state warehouse or dealer on which any a lien or liens are is outstanding shall notify by written notification such, in writing, the state warehouseman or dealer of such the lien or liens. Any A person failing to comply with this section shall be deemed is guilty of a misdemeanor felony and, upon conviction, shall must be punished by imprisonment imprisoned for a period of not less than one or nor more than five years or by a fine fined not to exceed more than five thousand dollars, or both."
SECTION ______. Section 43-29-41 of the 1976 Code is amended to read:
"Section 43-29-41. Notwithstanding the provisions of Section 43-29-100, any A person who violates the provisions of Section 43-29-40 shall be deemed is guilty of a misdemeanor felony and, upon conviction, shall must be fined not less than five hundred dollars nor more than five thousand dollars or be imprisoned for not less than ninety days nor more than five years."
SECTION _______. Section 43-30-100 of the 1976 Code is amended to read:
"Section 43-30-100. (1) It is unlawful for any a person to abuse, threaten to abuse, or cause physical or mental injury to any a client or patient, as defined in Section 43-30-20.
(2) Any A person who violates subsection (1) of this section is guilty of a misdemeanor felony and, upon conviction, must be fined not less than five hundred dollars nor more than five thousand dollars or be imprisoned for not less than ninety days nor more than five years."
SECTION ______. Section 44-23-1150 of the 1976 Code is amended to read:
Section 44-23-1150. Any A person having sexual intercourse with a patient or trainee of any State state mental health facility, whether the patient or trainee is within the facility or unlawfully away from the facility, shall be is guilty of a misdemeanor felony and, upon conviction, shall must be punished by hard labor on the county chain gang or in the State Penitentiary for a period imprisoned for not more than exceeding twenty years, within the discretion of the court."
SECTION _______. Section 44-53-370(b)(2) of the 1976 Code is amended to read:
"(2) Any other controlled substance classified in Schedule I, II, or III shall be deemed is guilty of a misdemeanor felony and, upon conviction, shall for a first offense must be sentenced to a term of imprisonment imprisoned for not more than five years or a fine of fined not more than five thousand dollars, or both. For a second offense, or if, in the case of a first conviction of violation of any provision of this subsection, the offender shall previously have has been convicted previously of any a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marihuana marijuana, depressant, stimulant, or hallucinogenic drugs, the offender shall be deemed is guilty of a felony and, upon conviction, shall must be sentenced to a term of imprisonment imprisoned for not more than ten years, or fined not more than ten thousand dollars, or both. For a third or subsequent offense, or if the offender shall previously have has been convicted previously two or more times in the aggregate of any violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marihuana marijuana, depressant, stimulant, or hallucinogenic drugs, the offender shall be deemed is guilty of a felony and, upon conviction, shall must be sentenced to a term of imprisonment imprisoned for not less than five years nor more than twenty years, or fined not more than twenty thousand dollars, or both. Except in the case of conviction for a first offense, the sentence shall may not be suspended and probation shall may not be granted."
SECTION _______. Section 44-53-370(b)(3) is amended to read:
"(3) A substance classified in Schedule IV shall be deemed is guilty of a misdemeanor felony and, upon conviction, shall for a first offense must be sentenced to a term of imprisonment imprisoned for not more than three years or a fine of fined not more than three thousand dollars, or both. In the case of second or subsequent offenses, the sentence shall be is twice the first offense."
SECTION ______. Section 44-53-375 of the 1976 Code is amended to read:
"Section 44-53-375. (A) Any A person possessing less than one gram of crack cocaine is guilty of a misdemeanor felony and, upon conviction, must be, for a first offense, must be imprisoned for a term not less than two years nor more than five years, and fined not less than five thousand dollars. For a first offense the court may, upon approval of the solicitor, may require as part of any a sentence, that the offender enter and successfully complete a drug treatment and rehabilitation program. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned for not less than four years nor more than seven years, and a fine fined not less than ten thousand dollars. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned for not less than ten years nor more than fifteen years, and a fine of fined not less than fifteen thousand dollars.
(B) Any A person who manufactures, distributes, dispenses, or possesses with intent to distribute or dispense crack cocaine is guilty of a felony and, upon conviction, for a first offense must be sentenced to a term of imprisonment imprisoned for not less than fifteen years nor more than twenty years and a fine of fined not less than twenty-five thousand dollars. For a second offense, or if, in the case of a first conviction of a violation of this section, the offender has been convicted of violating any of the laws of the United States or of any a state, territory, or district relating to narcotic drugs, the offender must be imprisoned for not less than twenty-five years nor more than thirty years, and a fine of fined not less than fifty thousand dollars. For a third or subsequent offense, or if the offender has been convicted two or more times in the aggregate of any violation of the laws of the United States or of any a state, territory, or district relating to narcotic drugs, the offender must be imprisoned for not less than thirty years not more than forty years, and a fine of fined not less than one hundred thousand dollars. Possession of one or more grams of crack cocaine is prima facie evidence of a violation of this subsection.
(C) Except for a first offense, as provided in subsection (A) of this section, sentences for violation of the provisions of this section may not be suspended and probation may not be granted."
SECTION _______. Section 44-53-390(b) of the 1976 Code is amended to read:
"(b) Any A person who violates this section is guilty of a misdemeanor felony and, upon conviction, shall must be imprisoned for not more than five years, or fined not more than ten thousand dollars, or both, except that if such the person is a corporation it shall be is subject to a civil penalty of not more than one hundred thousand dollars."
SECTION ______. Section 44-53-440, as amended by Act 128 of 1987, is further amended to read:
"Section 44-53-440. Any A person eighteen years of age or over who violates Section 44-53-370(a) by distributing a controlled substance classified in Schedule I(b) and (c) which is a narcotic drug or lysergic acid diethylamide (LSD) and in Schedule II which is a narcotic drug, or who violates Section 44-53-375(B) by distributing crack cocaine to a person under eighteen years of age is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty years or fined not more than thirty thousand dollars, or both, and the sentence may not be suspended and probation may not be granted. Any a person eighteen years of age or over who violates Section 44-53-370(a) and (b) by distributing any other controlled substance listed in Schedules I through V to a person under eighteen years of age is guilty of a misdemeanor felony and, upon conviction, must be imprisoned for not more than ten years or fined not more than ten thousand dollars, or both. Any Each violation of this section constitutes a separate offense."
SECTION ______. Section 44-79-120 of the 1976 Code is amended to read:
"Section 44-79-120. Any A person who violates any provision of this chapter is guilty of a misdemeanor felony and, upon conviction, must be fined not less than five hundred dollars nor more than five thousand dollars or be imprisoned for no not more than three years, or both.
A violation of any provision of this chapter is considered a violation of Section 39-5-20 of the South Carolina Unfair Trade Practices Act."
SECTION ______. Section 46-1-20 of the 1976 Code is amended to read:
"Section 46-1-20.Whoever shall steal A person who steals from the field any grain, cotton, or vegetables, whether severed from the freehold or not, shall be is guilty of a misdemeanor felony and, on upon conviction, thereof shall must be punished by imprisonment imprisoned for not more than five years or by fine of fined not more than five hundred dollars, except that when the amount stolen shall does not exceed ten dollars in value the punishment shall be is by imprisonment for not more than thirty days nor less than twenty days or by a fine of not more than one hundred nor less than fifty dollars."
SECTION ______. Section 46-1-40 of the 1976 Code is amended to read:
"Section 46-1-40. Whoever shall steal A person who steals tobacco plants, whether severed from the freehold or not, from any a tobacco plant beds shall be deemed is guilty of a misdemeanor felony and, on upon conviction thereof, shall must be punished by imprisonment imprisoned for not more than five years or by fine of fined not more than five hundred dollars;, except that when the value of the tobacco plants does not exceed twenty dollars the punishment shall be is by imprisonment for not more than thirty days or by a fine of not more than one hundred dollars."
SECTION _______. Section 46-1-60 of the 1976 Code is amended to read:
"Section 46-1-60. Any A person engaged in the business of buying cotton, corn, rice, or similar commodities, either on his own account or for others, who shall buy such buys the commodities on sale from a planter, commission merchant, or any other person for cash and shall fail fails or refuse refuses to pay for it the commodity and make makes away with or dispose disposes of it before he shall have has paid therefor shall be deemed for it is guilty of fraud and embezzlement and, shall be liable, on upon conviction, to must be imprisoned in the Penitentiary for a term of not less than one year nor more than five years, at the discretion of the court."
SECTION ______. Section 47-19-120(c) of the 1976 Code is amended to read:
"(c) Any A person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any a person while engaged in or on account of the performance of his official duties under this chapter shall be deemed is guilty of a misdemeanor felony and, upon conviction, shall must be fined not more than five thousand dollars or imprisoned not more than three years, or both. Any A person who, in the commission of any such those acts, uses a deadly or dangerous weapon shall must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both."
SECTION ______. Section 48-49-60(a) of the 1976 Code is amended to read:
"(a) Any A person violating the provisions of this chapter is guilty of a misdemeanor felony and, upon conviction, must be punished by a fine fined not to exceed more than twenty-five thousand dollars or by imprisonment imprisoned for a term not more than to exceed five years, or both. In addition, any county or municipality is authorized to may seek injunctive relief enjoining violations of this chapter."
SECTION _______. Section 55-1-30 of the 1976 Code is amended to read:
"Section 55-1-30. (1) It shall be is unlawful to remove or damage any airport facility or equipment with malicious intent.
(2) Any A person violating the provisions of this section shall be deemed is guilty of a misdemeanor felony and, upon conviction, shall must be fined not less than one thousand dollars or imprisoned for not less than one year nor more than five years, or both. Where death results from the malicious damage or removal of airport facilities or equipment, such the person shall be deemed is guilty of a felony and, upon conviction, shall must be sentenced to a term of from for not less than two to years nor more than thirty years. Where injury results for malicious damage or removal of airport facilities or equipment, such the person shall be deemed is guilty of a felony and, upon conviction, shall receive such a sentence as may be determined by the Judge."
SECTION _______. Section 56-1-1100 of the 1976 Code is amended to read:
"Section 56-1-1100. It shall be is unlawful for any a person to operate any a motor vehicle in this State while the judgment of the court prohibiting the operation remains in effect. Any A person found to be an habitual offender under the provisions of this article, who after the finding is thereafter convicted of operating a motor vehicle in this State while the judgment of the court prohibiting such the operation is in effect, shall be is guilty of a misdemeanor felony and, upon conviction, shall must be imprisoned for not less than one year nor more than five years.
For the purpose of enforcing this section, in any case in which if the accused is charged with driving a motor vehicle while his driver's license or permit is suspended or revoked or is charged with driving without a license, the court before hearing such the charges shall require the solicitor or Attorney General to determine whether such the person has been adjudged an habitual offender and by reason of such the judgment is barred from operating a motor vehicle on the highways of this State. If the solicitor or Attorney General determines that the accused has been so held judged an habitual offender, he shall cause the appropriate criminal charges to be lodged against the accused."
SECTION ______. Section 56-5-1030 of the 1976 Code is amended to read:
"Section 56-5-1030. No person shall willfully may wilfully without lawful authority attempt to or in fact alter, deface, injure, knock down, or remove any an official traffic-control device or any a railroad sign or signal or any an inscription, shield, or insignia thereon on the device, sign, or signal or any other part thereof.
Any A person violating the provisions of this section shall be deemed is guilty of a misdemeanor felony and, upon conviction, shall must be fined not less than one thousand dollars or imprisoned for not less than one year nor more than five years, or both, and the his driver's license of such person shall must be revoked for a period of not less than five years. In any case where If a license has not been issued, such the person shall is not be eligible to obtain a license for a period of five years from the date of conviction.
Where death results from the violation of this section by any a person, such the person shall be deemed is guilty of a felony and, upon conviction, shall must be sentenced to a term of from imprisoned for not less than two years to nor more than thirty years.
Where injury results from the violation of this section by any a person, such person shall be deemed he is guilty of a felony and, upon conviction, shall receive such a sentence as may be determined by the judge."
SECTION ______. Section 57-1-60 of the 1976 Code is amended to read:
"Section 57-1-60. Whoever, being a A member of the State Highway and Public Transportation Commission or an engineer, agent, or other employee, acting for or in on behalf of the Department department or Commission commission, shall accept who accepts or agree agrees to accept, or receive or agree to receive receives or ask or solicit solicits, either directly or indirectly, and any a person who shall give gives or offer offers, or promises to give or promise or cause to procure to be promised, offered or given, either directly or indirectly, to any a member of the Commission commission or any an engineer, agent or other employee acting for or on behalf of the Commission or Department department or commission (a) any moneys monies, (b)any a contract, promise, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value, (c) any a political appointment or influence, present, or reward, (d) any employment, or (e) any other thing of value, with the intent to have his decision or action on any question, matter, cause or proceeding which may at the time be is pending or which may by law be brought before him in his official capacity or in his place of trust or profit influenced thereby, shall be is guilty of a misdemeanor felony and, upon conviction, shall must be imprisoned in the Penitentiary for not less than one year nor more than five years and shall forever after be is disqualified from holding any an office of trust or profit under the Constitution or laws of this State."
SECTION _____. Section 58-17-4100 of the 1976 Code is amended to read:
"Section 58-17-4100. Whoever A person who wilfully discharges any kind of firearms a firearm or throws any kind of a missile at or into the engine or any a car of a train shall be is guilty of a misdemeanor felony and, on upon conviction thereof, shall must be punished by a fine of fined not more than five hundred dollars or imprisonment for imprisoned not more than five years."
SECTION ______. Section 61-13-400 of the 1976 Code is amended to read:
"Section 61-13-400. If any a person shall unlawfully manufacture, transport, or sell any manufactures, transports, or sells alcoholic liquors or air or assist in any manner assists in such that act and at the time of such the unlawful manufacturing, transporting, selling, aiding or assisting shall carry carries on or about his person or have has on or in any a vehicle which he may be is using to aid him in any such purpose in the unlawful act or has in his possession, actual or constructive, any a firearm or any a weapon of like kind, he shall be is guilty of a misdemeanor felony and, upon conviction, shall must be confined in the penitentiary imprisoned for not less than one year nor more than three years, or be fined not less than five hundred dollars nor more than fifteen hundred dollars."/
Renumber section to conform.
Amend the title by striking beginning on line 19 /TO REDUCE THE SENTENCE FOR CONVICTION OF LYNCHING IN THE FIRST DEGREE AND DUELING FROM DEATH TO NOT LESS THAN THREE MONTHS TO NOT MORE THAN THIRTY YEARS,/ and inserting /TO REDUCE THE SENTENCE FOR CONVICTION OF LYNCHING IN THE FIRST DEGREE FROM DEATH TO NOT MORE THAN THIRTY YEARS UNLESS THE DEFENDANT IS SENTENCED FOR MURDER AS PROVIDED BY SECTION 16-3-20, TO REDUCE THE SENTENCE FOR DUELING FROM DEATH TO LIFE, UNLESS THE DEFENDANT IS SENTENCED FOR MURDER AS PROVIDED BY SECTION 16-3-20,/.
Make other amendments to title to conform.
Renumber sections to conform.
Rep. WILKINS explained the amendment.
Rep. FELDER moved to adjourn debate upon the Bill, which was adopted.
Rep. DANGERFIELD moved to adjourn debate upon the following Bill until Thursday, February 11, which was adopted.
H. 3451 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND TITLE 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 87 SO AS TO PROVIDE FOR THE REGULATION AND TAXATION OF RISK RETENTION GROUPS AND PURCHASING GROUPS AUTHORIZED UNDER THE FEDERAL LIABILITY RISK RETENTION ACT OF 1986, INCLUDING THE PROVISION OF CERTAIN PENALTIES.
Rep. DANGERFIELD moved to adjourn debate upon the following Joint Resolution until Thursday, February 11, which was adopted.
H. 3688 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO ESTABLISHMENT OF RATES, DESIGNATED AS REGULATION DOCUMENT NUMBER 918, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. DANGERFIELD moved to adjourn debate upon the following Joint Resolution until Thursday, February 11, which was adopted.
H. 3689 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO FILING OF MALPRACTICE INSURANCE CLAIMS WITH CHIEF INSURANCE COMMISSIONER, DESIGNATED AS REGULATION DOCUMENT NUMBER 919, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. DANGERFIELD moved to adjourn debate upon the following Joint Resolution until Thursday, February 11, which was adopted.
H. 3690 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO FILING OF CLAIMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 920, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. DANGERFIELD moved to adjourn debate upon the following Joint Resolution until Thursday, February 11, which was adopted.
H. 3691 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO BOARD OF DIRECTORS OF ASSOCIATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 921, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. DANGERFIELD moved to adjourn debate upon the following Bill until Thursday, February 11, which was adopted.
S. 1082 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-61-20, 38-71-310, AND 38-71-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPROVAL OF INSURANCE POLICY CONTRACT FORMS GENERALLY BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE STANDARDS FOR FORM APPROVAL, AND TO PROVIDE FOR EXEMPTION FROM FORM APPROVAL.
Rep. DANGERFIELD moved to adjourn debate upon the following Bill until Thursday, February 11, which was adopted.
S. 1084 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-63-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF AN INDIVIDUAL LIFE INSURANCE POLICY FOR A MARRIED INDIVIDUAL AND CHILDREN FROM CLAIMS OF CREDITORS AND TO AMEND SECTION 38-65-90, RELATING TO THE PROTECTION OF A GROUP LIFE INSURANCE POLICY FOR A MARRIED INDIVIDUAL AND CHILDREN FROM CLAIMS OF CREDITORS, SO AS TO INCREASE THE MAXIMUM AMOUNT OF LIFE INSURANCE COVERED BY THESE SECTIONS FROM TWENTY-FIVE THOUSAND TO FIFTY THOUSAND DOLLARS AND TO REMOVE THE PROTECTION PROVIDED FOR A MARRIED INDIVIDUAL AND CHILDREN IN THESE SECTIONS WHEN THE POLICY WAS OBTAINED WITH THE INTENT TO DEFRAUD CREDITORS OR THE CREDITOR OR REPRESENTATIVE POSSESSES A VALID ASSIGNMENT OF THE CASH SURRENDER VALUE OF THE POLICY FROM THE POLICYHOLDER ON A SEPARATE FORM.
Rep. DANGERFIELD moved to adjourn debate upon the following Bill until Thursday, February 11, which was adopted.
S. 1091 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-1-20, 38-9-100, 38-25-540, 38-25-550, 38-45-20, 38-45-30, 38-45-90, 38-45-110, 38-75-710, AND 38-75-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, SO AS TO DEFINE "ADMITTED INSURER", "ELIGIBLE SURPLUS LINES INSURER", "NONADMITTED INSURER", AND "SURPLUS LINES INSURANCE" AND TO REGULATE THEIR USE AND ACTIVITIES, AND TO CHANGE PROVISIONS RELATING TO SECURITY DEPOSITS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-45-160 AND 38-45-170 SO AS TO REGULATE POLICY FEES CHARGED BY BROKERS AND TO PROVIDE FOR THE APPOINTMENT OF THE CHIEF INSURANCE COMMISSIONER AS TRUE AND LAWFUL ATTORNEY FOR SERVICE OF PROCESS FOR ELIGIBLE SURPLUS LINES INSURERS.
Rep. DANGERFIELD moved to adjourn debate upon the following Bill until Thursday, February 11, which was adopted.
S. 1092 -- Banking and Insurance Committee: A BILL TO REPEAL SECTION 38-57-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST GROUP PROPERTY, MARINE, CASUALTY, OR SURETY INSURANCE.
Rep. DANGERFIELD moved to adjourn debate upon the following Bill until Thursday, February 11, which was adopted.
S. 1095 -- Banking and Insurance Committee: A BILL TO AMEND ARTICLE 11, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TITLE INSURANCE, BY ADDING SECTIONS 38-75-905 AND 38-75-920 THROUGH 38-75-1000 SO AS TO REGULATE MORE STRINGENTLY THE TITLE INSURANCE BUSINESS IN THIS STATE.
The following Bill was taken up.
H. 3356 -- Reps. Waldrop, J. Bradley, J. Brown, R. Brown, Carnell, Chamblee, Davenport, Elliott, Felder, Ferguson, Harvin, Huff, McAbee, J.W. McLeod, Moss, White, Wilder, Winstead, Wells, Cole, Stoddard, P. Bradley, Rice, Lanford and Clyborne: A BILL TO AMEND SECTIONS 9-11-60 AND 9-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF RETIREMENT ALLOWANCES AND YEARS OF SERVICE REQUIRED FOR RETIREMENT ELIGIBILITY FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE FROM ONE AND THREE-FOURTHS TO TWO PERCENT THE FRACTION USED IN CALCULATING RETIREMENT ALLOWANCES AND TO REDUCE FROM THIRTY TO TWENTY-FIVE YEARS THE YEARS OF SERVICE NECESSARY TO RETIRE AT ANY AGE WITHOUT PENALTY, TO MAKE THE PROVISIONS OF THIS ACT EFFECTIVE FOR MEMBERS RETIRING AFTER JUNE 30, 1988, TO DELETE PROVISIONS RELATING TO REDUCTION OF BENEFITS FOR MEMBERS WITH TWENTY-FIVE YEARS' SERVICE RETIRING BEFORE AGE FIFTY-FIVE, AND TO PROVIDE FOR INCREASES IN EMPLOYER AND EMPLOYEE CONTRIBUTIONS TO COVER THE ACTUARIAL COST OF THE ADDITIONAL BENEFITS.
Rep. GENTRY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 546 -- Senators Nell W. Smith, Garrison, Leatherman, Matthews, Waddell, Hayes and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 59 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A COMPREHENSIVE HEALTH EDUCATION PROGRAM IN ELEMENTARY AND SECONDARY SCHOOLS THROUGH APPROPRIATE PROGRAM DEVELOPMENT, ADEQUATE TEACHER TRAINING, REQUIRED HOURS OF HEALTH INSTRUCTION, AND AN EXEMPTION FOR STUDENT PARTICIPATION.
Rep. THRAILKILL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 1076 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CAPITAL AND SURPLUS REQUIREMENTS OF STOCK INSURERS, AND SECTION 38-9-20, RELATING TO THE SURPLUS REQUIREMENTS OF MUTUAL INSURERS, SO AS TO INCREASE THE AMOUNT OF THE REQUIREMENTS; AND TO AMEND SECTION 38-9-30, RELATING TO THE INSURERS SUBJECT TO THE REQUIREMENTS, AND SECTION 38-9-50, RELATING TO THE RESTRICTIONS ON INSURERS WHO FAIL TO MEET THE REQUIREMENTS, SO AS TO REVISE THE DATES UPON WHICH THE RESTRICTIONS AND REQUIREMENTS TAKE EFFECT.
Rep. DANGERFIELD made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 1089 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-79-110, 38-79-120, AND 38-79-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS TO EXCLUDE HOMEOWNERS AND FARMOWNERS LIABILITY FROM NET DIRECT PREMIUMS OF THE ASSOCIATION.
Rep. DANGERFIELD made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2978 -- Reps. T.M. Burriss and J.H. Burriss: A BILL TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.
Debate was resumed on Amendment No. 2, which was proposed on Tuesday, January 26, by Rep. M.D. BURRISS.
Rep. M.D. BURRISS explained the amendment.
Rep. RICE moved to table the amendment, which was agreed to.
Reps. T.M. BURRISS and T. ROGERS proposed the following Amendment No. 3 (Doc. No. 0931J), which was adopted.
Amend the bill, as and if amended, by striking Section 23-43-160 of the 1976 Code, beginning on page 8, and inserting:
/Section 23-43-160. An applicant for a manufacturer's license shall at the time of making application for a license or renewal furnish a corporate surety bond or other guaranty acceptable to the Council in the sum of seventy-five thousand dollars for the first year he is licensed, fifty thousand dollars for the second year, and twenty-five thousand dollars for the third and each subsequent year. A manufacturer's representative shall furnish a ten thousand dollar bond or other guaranty annually. All bonds or other guaranty shall provide against any misappropriation of funds belonging to the purchaser, any alteration on the part of the manufacturer's representative to deceive the purchaser as to the manufacture or construction of the product, or any false and fraudulent representations or deceitful practices in selling or representing a product. The Council may establish various fees for the proper enforcement and implementation of this chapter. Fees may be charRed to any person engaged in the manufacture, inspection, or installation of modular building units. All funds derived from fees must be deposited in the general fund of the State./
Amend title to conform.
Rep. T.M. BURRISS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. T.M. BURRISS, with unanimous consent, it was ordered that H. 2978 be read the third time tomorrow.
The following Bill was taken up.
H. 3338 -- Rep. Fair: A BILL TO AMEND SECTION 61-13-875, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE SALE OF BEER, WINE, OR ALCOHOLIC LIQUOR FOR ON-PREMISES CONSUMPTION ON A TWO OR MORE FOR THE PRICE OF ONE BASIS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO PERSONS WHO HOLD LICENSES AND PERMANENT PERMITS TO SELL THE BEVERAGES, TO PROHIBIT DISPENSING THE BEVERAGES FOR FREE, AND TO PROHIBIT SALE OF THE BEVERAGES AT LESS THAN THE REGULAR PRICE EXCEPT FROM FOUR O'CLOCK P.M. UNTIL EIGHT O'CLOCK P.M.
Debate was resumed on Amendment No. 2, which was proposed on Thursday, February 4, by Rep. FAIR.
Rep. E.B. McLEOD objected to the Bill.
Rep. L. MARTIN moved that the House do now adjourn, which was adopted.
At 4:00 P.M. the House in accordance with the motion of Rep. L. MARTIN adjourned to meet at 10:00 A.M. tomorrow.
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