South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

TUESDAY, FEBRUARY 2, 1993

Tuesday, February 2, 1993
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

There are times, Lord, when we feel that the whole world is resting on our shoulders, nowhere to turn. Cause us then, as always, to look up to find that You "are nearer to us than breathing and closer to us than hands and feet" - there to give us courage, strength, victory. For just as You brought Israel out of bondage to the Promised Land, so You are ever ready to deliver us from our anxieties and despair, enabling us to say in confidence: "God is our Refuge and Strength, a very present Help in time of trouble; therefore will we not fear though the earth be removed, and though the mountains be carried into the midst of the sea." (Psalm 46:1,2)

Lord, increase our faith. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., January 28, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R573, H. 4880 by a vote of 46 to 0.
(R573) H. 4880 -- Rep. Baxley: AN ACT TO AMEND ACT 259 OF 1961, AS AMENDED, RELATING TO THE HARTSVILLE COMMUNITY CENTER BUILDING COMMISSION, SO AS TO CLARIFY THAT THIS COMMISSION IS A SPECIAL PURPOSE DISTRICT.
Very respectfully,
President

No. 099

Received as information.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration.

Document No. 1597
Promulgated By Department of Health and Environmental Control
Certification of Need for Health Facilities and Services
Received By Speaker January 28, 1993
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 28, 1993

Document No. 1565
Promulgated By Department of Health and Environmental Control
Water Classifications and Standards (Triennial Review)
Received By Speaker January 28, 1993
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 28, 1993

HOUSE RESOLUTION

On motion of Rep. STUART, with unanimous consent, the following was taken up for immediate consideration:

H. 3312 -- Rep. Stuart: A HOUSE RESOLUTION TO CONGRATULATE THE SWANSEA HIGH SCHOOL "TIGER" FOOTBALL TEAM FOR WINNING THE CLASS AA STATE CHAMPIONSHIP AND TO ALLOW THE TEAM AND ITS COACH THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, FEBRUARY 4, 1993, AT 10:15 A.M.

Whereas, the General Assembly has learned that the Swansea High School Football Team has won the state AA championship; and

Whereas, this never-say-die football team defeated a tough Batesburg-Leesville by a score of 24-16; and

Whereas, this Lexington County clash for the state supremacy for Class AA was most improbable, and could only be a dream match; and

Whereas, Swansea, not ranking high in the polls, rose to the occasion by hard work and perseverance.

Now, therefore,

Be it resolved by the House of Representatives:

That the Swansea High School "Tigers" and its coach are given the privilege of the floor of the House of Representatives on Thursday, February 4, 1993, at 10:15 A.M.

The Resolution was adopted.

CONCURRENT RESOLUTION

On motion of Rep. WALDROP, with unanimous consent, the following was taken up for immediate consideration:

H. 3313 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF FEBRUARY 8-14, 1993, AS "NEWBERRY COUNTY YOUNG WOMAN OF THE YEAR WEEK" IN NEWBERRY COUNTY.

Whereas, the members of the General Assembly note with pleasure that the Newberry County Young Woman of the Year program will be held the week of February 8-14, 1993; and

Whereas, the program is the culmination of months and years of hard work by the administrative staff, sponsors, and participants; and

Whereas, Newberry County Young Woman of the Year candidates are judged in the following categories:

(1)     panel evaluation which is based on qualities and characteristics that make up a contestant's ability to communicate with intelligence, clarity of expression, and a sense of values;

(2)     presence and composure which is based on grace under pressure, ability to communicate, confidence and composure during on-stage performance;

(3)     creative and performing arts which is technical ability and stage presence of individual talent;

(4)     scholastic achievement where a panel of qualified educators review and rate transcripts of grades and scores of scholastic tests and college entrance examinations; and

Whereas, the young ladies who vie for the title to represent Newberry County have worked diligently in school and the arts with patience and good humor to hone their skills; and

Whereas, 1993 is a year of pride and joy as the 1992 winner of Newberry County Young Woman of the Year, Susan Graham, who represented Newberry County with distinction at the South Carolina Young Woman of the Year program and also in many Newberry County activities, will be honored; and

Whereas, it is appropriate for members of the General Assembly to note the discipline and determination that characterizes these outstanding young ladies who seek the title of Newberry County Young Woman of the Year and to publicly recognize this outstanding program and its contestants. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly hereby proclaim the week of February 8-14, 1993, as "Newberry County Young Woman of the Year Week" in Newberry County.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3314 -- Rep. Harvin: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ALLOW FOREST LANDOWNERS WHO SUFFERED TREMENDOUS LOSS AS THE RESULT OF HURRICANE HUGO IN 1989 THE RIGHT TO PRACTICE FORESTRY WITHOUT UNDUE RESTRICTIONS FROM THE ENDANGERED SPECIES ACT, WETLANDS STATUTES, AND OTHER LAWS AND TO PROVIDE, OR TO CONTINUE, CERTAIN OTHER URGENT RELIEF.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 3315 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. JAMES LEE (J.L.) MILLER OF CLARENDON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3316 -- Reps. Harrell, J. Bailey, Barber, Breeland, Fulmer, Gonzales, Hallman, Holt, Hutson, Inabinett, Whipper and R. Young: A CONCURRENT RESOLUTION CONGRATULATING THE VARSITY CHEERLEADERS OF MIDDLETON HIGH SCHOOL OF CHARLESTON COUNTY ON WINNING THE SOUTH ATLANTIC REGIONAL CHEERLEADING CHAMPIONSHIP AND THEREBY QUALIFYING TO PARTICIPATE IN THE 1993 NATIONAL HIGH SCHOOL CHEERLEADING CHAMPIONSHIP FEBRUARY 20-21, 1993, AT SEA WORLD IN ORLANDO, FLORIDA.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3317 -- Reps. Harrell, J. Bailey, Barber, Breeland, Fulmer, Gonzales, Hallman, Holt, Hutson, Inabinett, Whipper and R. Young: A CONCURRENT RESOLUTION CONGRATULATING ASHLEY RIVER CREATIVE ARTS ELEMENTARY SCHOOL OF CHARLESTON COUNTY ON ITS SELECTION AS A NATIONAL BLUE RIBBON SCHOOL.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 324 -- Senators Passailaigue, McConnell, Washington, Greg Smith, Richter, Ford and Rose: A CONCURRENT RESOLUTION TO CONGRATULATE AND WELCOME THE SOUTH CAROLINA SHARKS ON THEIR ESTABLISHMENT AS THE FIRST PROFESSIONAL HOCKEY TEAM IN SOUTH CAROLINA.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 325 -- Senators J. Verne Smith, Mitchell, Stilwell, Thomas and Bryan: A CONCURRENT RESOLUTION COMMENDING GREENVILLE COUNTY FIREFIGHTERS DARYL PERRY, XAVIER WALKER, AND PETE SHAW FOR THEIR EXEMPLARY COURAGE AND DETERMINATION IN RESCUING AN EIGHT-YEAR-OLD BOY FROM AN ABANDONED WELL.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 326 -- Senator Setzler: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. COLIE L. LYNCH OF WEST COLUMBIA WHO DIED DURING THE LEGISLATIVE INTERIM.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

MOTION ADOPTED

Rep. RICHARDSON moved that when the House adjourns, it adjourn in memory of Mrs. Ann Lucas, long time resident of Beaufort County, who was a model citizen, community volunteer, and life long supporter and worker with the County, State and National Republican Party, which was agreed to.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 3318 -- Rep. Harrelson: A JOINT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA GOVERNMENT RESTRUCTURING STUDY COMMITTEE TO MAKE A STUDY TO DETERMINE WHETHER, AND TO WHAT EXTENT, THE VARIOUS STATE BOARDS, COMMITTEES, COMMISSIONS, AGENCIES, AND COUNCILS SHOULD BE RESTRUCTURED, AND TO PROVIDE FOR RELATED MATTERS.

Referred to Committee on Judiciary.

H. 3319 -- Reps. Baxley, J. Wilder, Shissias, Waites, Corning, Barber, Wright, Wells, Walker, Rudnick, T.C. Alexander and Jennings: A BILL TO AMEND SECTION 14-7-810, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE REASONS FOR DISQUALIFICATION OF JURORS, SO AS TO PROVIDE THAT A PERSON WHO IS BLIND, HEARING OR SPEECH IMPAIRED, OR PHYSICALLY HANDICAPPED MAY NOT BE DISQUALIFIED TO ACT AS A JUROR OR BE EXCLUDED FROM A JURY LIST OR JURY SERVICE BECAUSE OF THESE HANDICAPS; AND TO AMEND SECTION 15-27-110, RELATING TO INTERPRETERS FOR THE DEAF, SO AS TO PROVIDE THAT AN INTERPRETER BE PROVIDED WHEN A DEAF PERSON IS A JUROR AND PROVIDE CRITERIA FOR THE USE OF AN INTERPRETER WHEN USED TO ASSIST A DEAF JUROR.

Referred to Committee on Judiciary.

H. 3320 -- Reps. Baxley, J. Wilder, Waites, Corning, Barber, Shissias, Wells, Rudnick, Walker, Wright, Jennings and T.C. Alexander: A BILL TO AMEND SECTION 15-27-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INTERPRETER FOR A DEAF PERSON WHO IS A PARTY TO A LEGAL PROCEEDING OR CONFINED TO AN INSTITUTION, SO AS TO ESTABLISH THE POSITION OF COURT INTERPRETER FOR THE DEAF AND TO PROVIDE FOR HIS FUNCTIONS, DUTIES, AND QUALIFICATIONS.

Referred to Committee on Judiciary.

H. 3321 -- Reps. Corning, Gonzales, Byrd and Shissias: A BILL TO AMEND SECTIONS 58-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF MUNICIPAL UTILITIES AND UTILITIES OF REGIONAL TRANSPORTATION AUTHORITIES FROM REGULATION BY THE PUBLIC SERVICE COMMISSION, AND PROVIDE EXCEPTIONS, AND 58-5-210, RELATING TO THE SUPERVISION AND REGULATION OF RATES AND SERVICE BY THE COMMISSION, SO AS TO PROVIDE FOR INSTANCES OF REGULATION AND NONREGULATION BY THE COMMISSION FOR CERTAIN PUBLIC UTILITIES OWNED OR OPERATED BY OR ON BEHALF OF A MUNICIPALITY FURNISHING OR SUPPLYING WATER, SEWERAGE COLLECTION, OR SEWERAGE DISPOSAL BOTH INSIDE AND OUTSIDE THE CORPORATE LIMITS OF THE MUNICIPALITY, AND PROVIDE EXCEPTIONS.

Referred to Committee on Judiciary.

H. 3322 -- Reps. Corning, Fulmer, Hallman, Harrison, Wright and Cato: A BILL TO AMEND SECTIONS 12-27-1210, 12-27-1220, 12-27-1230, 12-27-1240, 12-27-1250, AND 12-27-1290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADDITIONAL THREE CENTS A GALLON GASOLINE AND MOTOR FUELS TAX TO FUND THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY (SHIMS), SO AS TO PROVIDE THAT THE PORTION OF THE TAX NOT DEDICATED TO THE ECONOMIC DEVELOPMENT ACCOUNT MUST BE CREDITED TO THE STATE HIGHWAY FUND, AND TO REPEAL SECTIONS 12-27-1260, 12-27-1280, 12-27-1300, AND 12-27-1310, RELATING TO THE ESTABLISHMENT OF THE SHIMS ACCOUNT, THE CRITERIA FOR EXPENDING SHIMS FUNDS, AND THE FUNDING OF THE SELECT OVERSIGHT COMMITTEE.

Referred to Committee on Ways and Means.

H. 3323 -- Reps. Corning, Simrill, Jaskwhich, Vaughn and Meacham: A BILL TO AMEND CHAPTER 25, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC SCHOOL TEACHERS, BY ADDING ARTICLE 4 SO AS TO PROVIDE AN ALTERNATE METHOD OF TEACHER CERTIFICATION BASED UPON SUCCESSFUL COMPLETION OF TRAINING PROGRAMS APPROVED BY THE STATE BOARD OF EDUCATION.

Referred to Committee on Education and Public Works.

H. 3324 -- Rep. Snow: A BILL TO AMEND SECTION 50-13-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETURN OF GAME FISH TO THE WATER, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO FISH TAKEN BY ANY UNLAWFUL METHOD.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3325 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM LICENSING REQUIREMENTS FOR CAST NETS USED FOR NONCOMMERCIAL PURPOSES AND HAND TONGS USED FOR HARVESTING OYSTERS, SO AS TO REVISE THE FISHING DEVICES WHICH ARE EXEMPTED.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3326 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-45 SO AS TO PROVIDE FOR THE REGULATION OF SEASONS AND FISHING ACTIVITIES IN SALTWATERS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3327 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALTWATER-FRESHWATER DIVIDING LINES ON RIVERS, SO AS TO REVISE THE LINE ON THE COOPER RIVER AND ALLOW CRAB POT FISHING.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3328 -- Rep. Snow: A BILL TO AMEND SECTION 50-13-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST TAKING ROCKFISH, SO AS TO EXTEND THE AREAS TO WHICH THE PROHIBITION APPLIES.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3329 -- Rep. Sheheen: A BILL TO AMEND SECTIONS 20-7-600, 20-7-770, 20-7-780, AND 20-7-3300, ALL AS AMENDED, AND SECTION 20-7-1335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF JUVENILE CRIMINAL RECORDS, SO AS TO REMOVE THE CONFIDENTIALITY OF THESE RECORDS FOR VIOLENT CRIMES, FOR CRIMES IN WHICH AN ILLEGAL WEAPON WAS USED, AND FOR VIOLATIONS OF THE "NARCOTICS AND CONTROLLED SUBSTANCES" ARTICLE; TO ALLOW FINGERPRINTING AND THE RELEASE TO THE PUBLIC OF THE NAME, IDENTITY, AND PICTURE OF A JUVENILE CHARGED WITH THESE CRIMES; AND TO PROHIBIT EXPUNGEMENT OF THESE RECORDS.

Referred to Committee on Judiciary.

H. 3330 -- Reps. Tucker, Huff, Jennings, Hodges and Beatty: A BILL TO AMEND SECTION 20-7-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL REPRESENTATION IN CHILD ABUSE AND NEGLECT PROCEEDINGS, SO AS TO PROVIDE THAT THE INTERESTS OF THE STATE AND THE LOCAL CHILD PROTECTIVE SERVICES AGENCY MUST BE REPRESENTED BY THE LEGAL REPRESENTATIVES OF THE DEPARTMENT OF SOCIAL SERVICES RATHER THAN BY THE CIRCUIT SOLICITOR OR THE CIRCUIT SOLICITOR'S REPRESENTATIVE; AND TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO INTERVENTION BY CHILD WELFARE AGENCIES AND DUTIES OF THE LOCAL CHILD PROTECTIVE AGENCY, SO AS TO DELETE REFERENCE TO THE CIRCUIT SOLICITOR WITH RESPECT TO THE COOPERATION THE AGENCY IS MANDATED TO PROVIDE.

Referred to Committee on Judiciary.

H. 3331 -- Rep. Davenport: A BILL TO AMEND SECTION 12-27-400, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF "C" CONSTRUCTION FUNDS, SO AS TO PROVIDE THAT TWENTY-FIVE PERCENT OF A COUNTY'S APPORTIONMENT MAY BE USED FOR MAINTENANCE AND REPAIR OF THE COUNTY'S INFRASTRUCTURE.

Referred to Committee on Ways and Means.

H. 3332 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-1595 SO AS TO REQUIRE CONTRACTS LET BY STATE AGENCIES FOR PROSTHETIC DEVICES OR OTHER SPECIALIZED EQUIPMENT MADE FOR THE PURPOSE OF IMPROVING THE QUALITY OF LIFE OF HANDICAPPED PERSONS TO ALLOW RESIDENTS OF THIS STATE NOT OTHERWISE ELIGIBLE TO RECEIVE BENEFITS UNDER THE CONTRACT TO PURCHASE SUCH ITEMS AT THE STATE PRICE, TO REQUIRE THE PURCHASER TO REIMBURSE THE AGENCY FOR THE COST OF THE ITEM PURCHASED, AND TO PROVIDE THAT THE AGENCY MAY RETAIN ONE HUNDRED PERCENT OF THE REIMBURSEMENT.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3333 -- Rep. Boan: A BILL TO REPEAL SECTION 9-1-1537, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RETIREMENT AT AGE SIXTY-TWO FOR MEMBERS OF THE SOUTH CAROLINA HIGHWAY PATROL.

Referred to Committee on Ways and Means.

H. 3334 -- Reps. Jennings, Quinn, J. Harris and Baxley: A JOINT RESOLUTION TO REPEAL ACT 314 OF 1992 RELATING TO THE USE OF RIVER GRAVEL IN ASPHALT IN PROJECTS APPROVED BY BID BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

On motion of Rep. JENNINGS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3335 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-110 SO AS TO ALLOW A PUBLIC WATER SUPPLY TO RECOVER THE COST OF USER FEES FROM ITS CUSTOMERS WITHOUT BEING SUBJECT TO APPROVAL BY THE PUBLIC SERVICE COMMISSION; TO AMEND SECTION 44-55-90, RELATING TO PENALTIES AND INJUNCTIVE RELIEF UNDER THE STATE SAFE DRINKING WATER ACT, SO AS TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ASSESS A PENALTY FOR LATE OR NONPAYMENT OF FEES ASSESSED FOR COLLECTING SAMPLES AND CONDUCTING ANALYSES; AND TO AMEND SECTION 44-55-100, RELATING TO POWERS OF THE DEPARTMENT TO CARRY OUT THE SAFE DRINKING WATER ACT, SO AS TO AUTHORIZE USER FEES FROM PUBLIC WATER SUPPLIES BASED ON SERVICE CONNECTIONS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3336 -- Reps. Snow, Sharpe, Witherspoon, Rhoad, Riser and Worley: A BILL TO AMEND SECTION 56-1-2070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR DRIVERS OF COMMERCIAL VEHICLES TO HAVE COMMERCIAL DRIVERS' LICENSES AND THE EXCEPTIONS TO THE REQUIREMENT, SO AS TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ISSUE RESTRICTED COMMERCIAL DRIVERS' LICENSES IN ACCORDANCE WITH FEDERAL LAW AND APPLICABLE REGULATIONS AND TO ALLOW OPERATORS OF VEHICLES OF FARM-RELATED SERVICE INDUSTRIES TO OPERATE THESE VEHICLES WITH A RESTRICTED COMMERCIAL DRIVER'S LICENSE IF THE VEHICLES ARE OPERATED IN ACCORDANCE WITH APPLICABLE FEDERAL REGULATIONS.

Referred to Committee on Education and Public Works.

H. 3337 -- Rep. J. Wilder: A BILL TO AMEND ACT 710 OF 1978, RELATING TO THE AUTHORITY OF THE TRUSTEES OF SCHOOL DISTRICT 45 IN BARNWELL COUNTY TO CHARGE STUDENT FEES, SO AS TO DELETE THE REQUIREMENT THAT THESE FEES MUST RECEIVE WRITTEN PRIOR APPROVAL OF THE COUNTY COUNCIL.

On motion of Rep. J. WILDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3338 -- Reps. Wofford, Kelley, H. Brown, Hallman, Harrell, R. Young, Gamble, Cobb-Hunter, Jaskwhich, Wilkins, Haskins, Keegan, Shissias, Law, Harrison, Fair, Stuart and Simrill: A BILL TO AMEND SECTION 24-21-645, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAROLE, SO AS TO PROVIDE FOR A HEARING EVERY FIVE YEARS FOR A PERSON CONVICTED OF A VIOLENT CRIME.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3339 -- Rep. Wofford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 27 TO ARTICLE V SO AS TO PROVIDE FOR A PROCEDURE FOR THE RETENTION ELECTIONS OF JUSTICES ELECTED TO THE SUPREME COURT AND THE COURT OF APPEALS AND JUDGES ELECTED TO THE CIRCUIT COURT TO DETERMINE IF THEY SHOULD BE RETAINED TO SERVE AN ADDITIONAL TERM AFTER THEIR ELECTIONS BY THE GENERAL ASSEMBLY.

Referred to Committee on Judiciary.

H. 3340 -- Rep. Wofford: A BILL TO AMEND SECTION 17-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOND FOR PERSONS CHARGED WITH A NONCAPITAL OFFENSE, SO AS TO PROHIBIT RELEASE ON BOND FOR CERTAIN CRIMES.

Referred to Committee on Judiciary.

H. 3341 -- Reps. Davenport, Allison, Beatty, Lanford, Littlejohn, D. Smith, Vaughn, Walker, Wells, D. Wilder, Farr, McCraw and Phillips: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE TO ALLOCATE TO THE SPARTANBURG ALCOHOL AND DRUG ABUSE COMMISSION A PORTION OF FEDERAL FUNDS APPROPRIATED TO THE STATE UNDER PUBLIC LAW 102-321 TO ESTABLISH A DETOXIFICATION PROGRAM TO SERVE WOMEN AND YOUTH IN SPARTANBURG, UNION, AND CHEROKEE COUNTIES.

Referred to Committee on Ways and Means.

H. 3342 -- Rep. Scott: A BILL TO AMEND ACT 280 OF 1979, RELATING TO THE TAX LEVY FOR RICHLAND AND LEXINGTON COUNTY SCHOOLS, SO AS TO PROVIDE THAT EFFECTIVE WITH THE FISCAL YEAR BEGINNING JULY 1, 1993, A SCHOOL TAX FOR GENERAL OPERATING PURPOSES FOR RICHLAND COUNTY SCHOOL DISTRICT 1 MUST BE DETERMINED BY THE BOARD OF TRUSTEES OF THE DISTRICT.

Referred to Committee on Education and Public Works.

H. 3343 -- Rep. Trotter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 40 SO AS TO ENACT THE "SOUTH CAROLINA LANDSCAPE IRRIGATION CONTRACTOR CERTIFICATION ACT", AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS, INCLUDING PROVISIONS FOR A MISDEMEANOR OFFENSE AND CERTAIN PENALTIES.

Referred to Committee on Labor, Commerce and Industry.

H. 3344 -- Rep. Felder: A BILL TO PROVIDE THAT ACT 449 OF 1992, THE SOUTH CAROLINA ENERGY CONSERVATION AND EFFICIENCY ACT OF 1992 IS REPEALED, JULY 1, 1994, UNLESS IT IS CONTINUED BY AN AFFIRMATIVE VOTE OF THE GENERAL ASSEMBLY BEFORE JULY 1, 1994.

Referred to Committee on Ways and Means.

H. 3345 -- Reps. Jennings, Martin and Huff: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-285 SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL SUSPEND FOR NINETY DAYS THE DRIVER'S LICENSE OF ANY PERSON UNDER THE AGE OF TWENTY-ONE WHO IS DETERMINED TO HAVE A BLOOD ALCOHOL CONTENT OF FOUR ONE-HUNDREDTHS OF ONE PERCENT OR ABOVE WHEN OPERATING A MOTOR VEHICLE, TO PROVIDE THE PROCEDURES TO BE FOLLOWED FOR THIS SUSPENSION AND THAT IT IS IN ADDITION TO ANY OTHER PENALTIES IMPOSED BY LAW; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-286 SO AS TO PROVIDE THAT THE DEPARTMENT SHALL SUSPEND FOR NINETY DAYS THE DRIVER'S LICENSE OF ANY PERSON TWENTY-ONE YEARS OF AGE OR OLDER WHO IS DETERMINED TO HAVE A BLOOD ALCOHOL CONTENT OF FIFTEEN ONE-HUNDREDTHS OF ONE PERCENT OR ABOVE WHEN OPERATING A MOTOR VEHICLE, TO PROVIDE THE PROCEDURES TO BE FOLLOWED FOR THIS SUSPENSION AND THAT IT IS IN ADDITION TO ANY OTHER PENALTIES IMPOSED BY LAW; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE THAT A PERSON ARRESTED FOR CERTAIN VIOLATIONS OF LAW REGARDING THE CONSUMPTION OF ALCOHOL WHILE DRIVING A MOTOR VEHICLE MUST HAVE HIS CONDUCT VIDEOTAPED AT THE LOCATION HE IS TAKEN FOR PURPOSES OF ADMINISTERING A CHEMICAL TEST OF HIS BREATH, TO PROVIDE THE PROCEDURES WHICH MUST BE FOLLOWED FOR THIS VIDEOTAPING AND FOR THE FEE TO BE ASSESSED IN THESE CASES.

Referred to Committee on Judiciary.

H. 3346 -- Rep. McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-354 SO AS TO PROHIBIT THE HUNTING OF DEER ACROSS PUBLIC ROADS, STREETS, OR HIGHWAYS IN GAME ZONE 2 AND PROVIDE PENALTIES.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3351 -- Reps. Carnell and Klauber: A BILL TO AMEND SECTION 40-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE STATE LICENSING BOARD FOR CONTRACTORS, SO AS TO PROVIDE THAT A MAJORITY INSTEAD OF FIVE MEMBERS CONSTITUTES A QUORUM; AND SECTION 40-11-260, AS AMENDED, RELATING TO THE REISSUANCE BY THE BOARD OF A REVOKED LICENSE, SO AS TO PROVIDE FOR REISSUANCE BY A MAJORITY INSTEAD OF FIVE OR MORE MEMBERS.

Referred to Committee on Labor, Commerce and Industry.

H. 3352 -- Rep. Corning: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR TAKING ANTLERED DEER, SO AS TO PROHIBIT THE PURSUIT OF DEER WITH DOGS IN GAME ZONES 1 AND 5 ON TRACTS OF LESS THAN FIVE HUNDRED CONTIGUOUS ACRES.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3353 -- Rep. Fair: A BILL TO ABOLISH THE SOUTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION AND TRANSFER ITS REGULATORY POWERS, DUTIES, AND RESPONSIBILITIES TO THE SOUTH CAROLINA TAX COMMISSION AND ITS REGULATION AND LAW ENFORCEMENT AND INSPECTION RESPONSIBILITIES TO THE STATE LAW ENFORCEMENT DIVISION; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-1-100 SO AS TO PROVIDE FOR APPROVAL OF A NEW APPLICATION FOR A LICENSE OR PERMIT ISSUED UNDER TITLE 61 BY A LOCAL PLANNING COMMISSION, PROVIDE FOR LICENSE AND PERMIT RENEWAL, AND DEFINE LOCAL PLANNING COMMISSION; TO AMEND SECTIONS 61-1-10 AND 61-1-20, RELATING TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, SO AS TO ABOLISH THE COMMISSION AND PROVIDE FOR THE APPOINTMENT OF AN ALCOHOLIC BEVERAGE CONTROL HEARING OFFICER WITHIN THE TAX COMMISSION TO BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE AND FOR THE TERM, DUTIES, POWERS, AND QUALIFICATIONS OF THE OFFICER; TO AMEND SECTIONS 61-1-60, 61-1-65, 61-1-70, 61-1-80, 61-1-90, 61-1-95, AND 61-3-20, RELATING TO THE ENFORCEMENT OF REGULATIONS GOVERNING ALCOHOLIC BEVERAGES AND BEER AND WINE, PROHIBITIONS AS TO CERTAIN ACTIVITIES OR INTERESTS BY MEMBERS OR EMPLOYEES OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, AUTHORIZATION TO THE COMMISSION TO ISSUE REGULATIONS, AUTHORITY OF THE COMMISSION TO IMPOSE PENALTIES, APPEALS FROM DECISIONS OF THE COMMISSION, CONDITIONS UNDER WHICH LICENSES ISSUED BY THE COMMISSION MUST BE SURRENDERED, TRANSFERABILITY, SUSPENSION, OR REVOCATION OF THESE LICENSES, AND DEFINITIONS USED IN CHAPTER 3 OF TITLE 61, THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO DELETE REFERENCES TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION AND TRANSFER ITS DUTIES, POWERS, AND RESPONSIBILITIES TO THE TAX COMMISSION AND THE STATE LAW ENFORCEMENT DIVISION; PROVIDE THAT THE REGULATIONS PROMULGATED BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION REMAIN IN FORCE UNTIL MODIFIED OR RESCINDED BY THE TAX COMMISSION; AND TO REPEAL SECTIONS 61-1-30, 61-1-40, 61-1-50, AND 61-3-60 RELATING TO PROHIBITED ACTIVITIES OF THE MEMBERS OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, TRANSFER OF POWERS AND DUTIES FROM THE TAX COMMISSION TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, AND THE AUTHORITY OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO APPOINT AN ATTORNEY.

Referred to Committee on Judiciary.

S. 276 -- Senators Drummond, Setzler, J. Verne Smith, Stilwell, Moore, Giese, Washington, Leventis, Ryberg, Ford, Lander, Courson, Cork, Land, Hayes and Waldrep: A BILL TO AMEND ACT 501 OF 1992, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1992-93, SO AS TO AUTHORIZE CERTAIN REALLOCATIONS FOR A PORTION OF EDUCATION IMPROVEMENT ACT FUNDS ORIGINALLY APPROPRIATED TO THE CAMPUS INCENTIVE PROGRAM.

Referred to Committee on Ways and Means.

S. 295 -- Senator Reese: A BILL TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO BORROW A MAXIMUM OF ONE MILLION DOLLARS INSTEAD OF A MAXIMUM OF TWO HUNDRED THOUSAND DOLLARS.

Referred to Spartanburg Delegation.

S. 296 -- Senator Reese: A BILL TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BORROWING AUTHORITY OF THE DISTRICT.

Referred to Spartanburg Delegation.

S. 297 -- Senator Reese: A BILL TO AMEND ACT 908 OF 1964, RELATING TO THE NEW PROSPECT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT.

Referred to Spartanburg Delegation.

S. 322 -- Senators Giese, Patterson, Courson and Jackson: A BILL TO PROHIBIT A RICHLAND COUNTY RESIDENT FROM BEING TAXED OR CHARGED A FEE FOR WATER OR SEWERAGE SERVICE IF HE DOES NOT RECEIVE THE SERVICE AND PROVIDE FOR A REFUND PLUS INTEREST IF PAYMENT IS MADE.

Referred to Richland Delegation.

CONCURRENT RESOLUTION

The following was introduced:

H. 3347 -- Rep. Allison: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE AT STATE HIGHWAY 290 AND INTERSTATE 85 IN DUNCAN, SOUTH CAROLINA FOR J. PETER GRACE.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 3348 -- Rep. Harrelson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE AND NAME THE INTERCHANGE ON INTERSTATE I-95 AT THE INTERSECTION WITH ROAD S-15-34 IN COLLETON COUNTY AS THE "WALTON J. MCLEOD, JR., INTERCHANGE" AND TO INSTALL APPROPRIATE MARKERS AND SIGNS.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 3349 -- Reps. Harrelson, Richardson, White and Keyserling: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE AND NAME THE BATTERY CREEK BRIDGE IN BEAUFORT COUNTY AS THE "RUSSELL BELL BRIDGE" IN MEMORY OF BEAUFORT COUNTY DEPUTY SHERIFF RUSSELL BELL, WHO WAS SHOT AND KILLED IN THE LINE OF DUTY, AND FURTHER REQUESTING THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 3350 -- Rep. R. Smith: A CONCURRENT RESOLUTION TO EXPRESS GRATITUDE TO PATSY MATTHEWS, REGISTERED NURSE, OF NORTH AUGUSTA, FOR CARING FOR BRAD CLEO COUCH DURING HIS RECOVERY.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Bailey, J.             Baker                  Barber
Baxley                 Beatty                 Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Byrd                   Canty
Carnell                Cato                   Chamblee
Clyborne               Cobb-Hunter            Cooper
Corning                Cromer                 Davenport
Delleney               Elliott                Fair
Farr                   Felder                 Fulmer
Gamble                 Gonzales               Govan
Graham                 Hallman                Harrell
Harrelson              Harris, J.             Harris, P.
Harrison               Harvin                 Haskins
Hines                  Hodges                 Holt
Houck                  Huff                   Hutson
Inabinett              Jaskwhich              Jennings
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
Mattos                 McAbee                 McCraw
McKay                  McLeod                 McMahand
McTeer                 Meacham                Moody-Lawrence
Neal                   Neilson                Phillips
Quinn                  Rhoad                  Richardson
Riser                  Robinson               Rogers
Rudnick                Scott                  Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stille                 Stoddard
Stone                  Stuart                 Sturkie
Thomas                 Townsend               Trotter
Tucker                 Vaughn                 Waites
Waldrop                Walker                 Wells
Whipper                White                  Wilder, D.
Wilder, J.             Wilkes                 Wilkins
Williams               Witherspoon            Wofford
Worley                 Wright                 Young, A.
Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, February 2.

Morgan Martin

Total Present--122

LEAVE OF ABSENCE

The SPEAKER granted Rep. McELVEEN a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. Donald Gregg is the Doctor of the Day for the General Assembly.

H. 3151--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, February 4, which was adopted.

H. 3151 -- Reps. Wilkins, Hodges, Jennings and Clyborne: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES, SO AS TO PROVIDE A CLASSIFICATION SYSTEM FOR ALL FELONY AND MISDEMEANOR CRIMES AND OFFENSES AND EXCEPTIONS; TO AMEND SECTION 16-1-20, RELATING TO CLASSIFICATION OF OTHER CRIMES, SO AS TO PROVIDE THE MAXIMUM TERM OF IMPRISONMENT, TO EXEMPT OFFENSES WHICH REFER TO A MANDATORY MINIMUM TERM OF IMPRISONMENT, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 16-1-30, RELATING TO CLASSIFICATION OF NEW OFFENSES, SO AS TO REQUIRE ALL NEW OFFENSES TO BE CLASSIFIED PURSUANT TO SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 16-1-40 AND 16-1-50, RELATING TO ACCESSORIES BEFORE THE FACT AND INDICTMENT AND CONVICTION OF ACCESSORIES, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-55 SO AS TO CLASSIFY THE OFFENSE OF ACCESSORY AFTER THE FACT; TO AMEND SECTION 16-1-60, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD CRIMINAL SEXUAL CONDUCT WITH MINORS AND ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-80 SO AS TO CLASSIFY AN ATTEMPT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-1-90 AND 16-1-100 SO AS TO PROVIDE A LIST OF EACH CRIME AND OFFENSE AND ITS CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-110 SO AS TO PROVIDE FOR CRIMES OR OFFENSES INADVERTENTLY OMITTED FROM CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-11-325 SO AS TO PROVIDE THAT COMMON LAW ROBBERY IS A FELONY AND TO SET THE MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 7-25-50, 7-25-80, 7-25-190, 8-1-20, 12-7-2750, 12-9-840, 12-21-2716, 12-27-50, 12-29-610, 12-31-670, 12-45-110, 16-5-10, 16-7-160, AS AMENDED, 16-9-320, AS AMENDED, 16-9-340, 16-11-20, 16-11-170, 16-11-617, 16-11-740, AS AMENDED, 16-13-160, 16-13-170, 16-13-290, 16-15-140, 16-15-385, AS AMENDED, 16-17-410, 16-17-430, 16-17-600, AS AMENDED, 16-21-10, 16-21-40, 16-21-130, 16-21-140, 16-23-220, AS AMENDED, 16-23-230, AS AMENDED, 16-23-240, AS AMENDED, 16-23-260, AS AMENDED, 16-23-410, 16-23-420, 16-23-440, AS AMENDED, 16-23-480, 16-23-490, 16-23-520, 17-13-50, 17-15-90, 20-7-50, 20-7-60, 20-7-80, 23-31-340, AS AMENDED, 23-31-360, AS AMENDED, 24-1-270, 24-13-410, 24-13-420, 27-32-120, 34-13-90, 38-9-150, 38-13-170, 39-22-90, 39-23-80, 43-29-41, 43-30-100, AS AMENDED, 44-23-1150, 44-52-165, 44-53-40, 44-53-375, AS AMENDED, 44-53-390, 44-53-445, AS AMENDED, 44-55-1510, 46-41-30, 47-19-120, 55-1-30, 56-1-1100, 56-5-1030, 57-1-60, 58-13-740, 58-15-820, AND 58-17-4100, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM MISDEMEANORS TO FELONIES AND THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 12-54-40, AS AMENDED, 16-3-410, 16-9-10, 16-9-20, 16-11-140, 16-11-700, AS AMENDED, 16-11-920, AS AMENDED, 16-11-940, AS AMENDED, 16-14-40, 16-14-60, AS AMENDED, 16-14-70, 16-17-470, 20-7-2660, AS AMENDED, 47-3-760, AS AMENDED, 47-21-80, AND 48-43-550, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM FELONIES TO MISDEMEANORS, TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20 AND TO PROVIDE FOR PENALTIES; TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-10, 16-13-30, 16-13-40, 16-13-50, 16-13-70, 16-13-110, 16-13-180, AS AMENDED, 16-13-210, 16-13-230, 16-13-240, 16-13-260, 16-13-420, 16-13-425, 16-13-430, 16-21-80, 38-55-170, AS AMENDED, 46-1-20, 46-1-40, 46-1-60, 46-1-70, AND 49-1-50, AS AMENDED, RELATING TO VARIOUS CRIMES AND OFFENSES INVOLVING PROPERTY, SO AS TO CREATE A THREE TIER CLASSIFICATION BASED UPON THE VALUE OF THE PROPERTY INVOLVED THAT SPECIFIES WHETHER THE OFFENSE IS A MISDEMEANOR OR FELONY AND MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 2-17-140, 4-11-130, 4-17-70, 5-21-30, 5-21-40, 6-7-800, 6-7-1080, 6-7-1110, 7-25-10, 7-25-20, 7-25-60, 7-25-70, 7-25-100, 7-25-110, 7-25-120, 7-25-160, 7-25-170, 8-1-30, 8-9-10, 8-11-30, 8-13-320, AS AMENDED, 8-13-540, AS AMENDED, 9-1-1160, 10-11-360, 11-1-20, 11-1-40, 11-9-20, 12-2-70, 12-21-2540, 12-21-2714, 12-21-3070, 12-54-40, AS AMENDED, 16-3-50, 16-3-60, 16-3-70, 16-3-75, 16-5-40, 16-5-130, 16-7-170, 16-9-30, 16-9-410, 16-11-30, 16-11-190, 16-11-330, 16-11-380, 16-11-390, 16-11-560, 16-11-570, 16-13-150, 16-13-385, 16-14-80, 16-14-100, 16-15-50, 16-15-130, 16-15-250, 16-15-405, 16-15-425, 16-16-20, 16-17-510, 16-17-560, 16-17-700, 16-21-60, 16-23-50, AS AMENDED, 16-23-465, 16-23-470, 17-7-510, 17-15-150, 22-5-120, 22-9-140, 23-1-20, 23-17-110, 23-31-190, 23-35-130, 24-3-910, 25-1-150, 25-7-20, 25-7-50, 25-15-20, 27-29-150, 30-15-50, 34-19-110, 37-13-50, 38-7-140, 38-13-140, 38-25-330, 38-37-930, 38-37-1650, 38-43-190, 38-43-240, 38-47-60, 38-55-80, 38-55-150, 38-55-160, 38-59-50, 39-15-170, 39-15-470, 39-17-340, 40-5-320, 40-5-350, 40-5-360, 40-6-170, 40-11-300, 40-41-220, 40-43-140, AS AMENDED, 40-43-320, 41-15-50, 43-5-40, 43-33-40, 44-31-360, 44-53-370, AS AMENDED, 46-17-460, 46-19-270, 46-25-80, 48-27-230, 48-27-250, 48-49-60, 50-1-136, 50-13-350, 50-13-1460, 50-13-1470, 50-21-710, 54-1-40, 56-5-750, 56-5-2945, 56-29-30, 58-13-10, 59-25-250, 59-63-450, AND 61-13-810 RELATING TO CRIMES AND OFFENSES, SO AS TO CHANGE THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION ESTABLISHED FOR EACH OFFENSE; TO AMEND SECTION 12-7-1680, AS AMENDED, RELATING TO VIOLATION OF SECRECY OF INCOME INFORMATION, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; TO AMEND SECTION 16-3-615, RELATING TO SEXUAL BATTERY, SO AS TO CHANGE THE TERM OF IMPRISONMENT TO TEN YEARS; TO AMEND SECTION 16-3-1070, RELATING TO STALKING, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATES' JURISDICTION, SO AS TO PROVIDE THAT PETIT LARCENY AND ALL OTHER OFFENSES INVOLVING PERSONAL PROPERTY IN WHICH THE VALUE IS TWO HUNDRED DOLLARS OR LESS IS WITHIN THE MAGISTRATE'S JURISDICTION; TO AMEND SECTION 50-17-1190, RELATING TO PENALTIES FOR VIOLATIONS OF THE COASTAL FISHERIES LAWS, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; AND TO REPEAL SECTIONS 16-1-15 RELATING TO ALL DEGREES OF BURGLARY BEING A FELONY, 16-9-40 RELATING TO ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY, 16-13-20 RELATING TO PRIVILY STEALING FROM PERSON OR HOUSE AS GRAND LARCENY, 16-13-90 RELATING TO THEFT OF BEDDING AND OTHER FURNISHINGS FROM LODGING, 16-13-190 RELATING TO STEALING TIRES OR TUBES, 16-13-200 RELATING TO RECEIPT OF STOLEN TIRES AND TUBES, 16-15-30 RELATING TO ABDUCTING A MAID UNDER SIXTEEN YEARS OF AGE, 16-15-40 RELATING TO CONTRACTING MATRIMONY WITH AN ABDUCTED MAID UNDER THE AGE OF SIXTEEN, 24-5-40 RELATING TO SEPARATE LODGING FOR DEBTORS, 39-23-90 RELATING TO PENALTIES FOR VIOLATING SECTION 39-23-80, AND 54-9-80 RELATING TO IMPRESSING SEAMEN.

H. 3121--AMENDED AND ADOPTED

The following House Resolution was taken up.

H. 3121 -- Rep. Harvin: A HOUSE RESOLUTION CONGRATULATING CLARENDON COUNTY CITIZENS -- SHERIFF'S DEPARTMENT LIEUTENANT RANDY GARRETT, HIGHWAY PATROL TROOPER BENJI ANDREW, and SHERIFF H.F. SWILLEY -- and ALSO COLONEL R.N. ALFORD, THE DIRECTOR OF LAW ENFORCEMENT FOR THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS and PUBLIC TRANSPORTATION, UPON RECEIVING THE FIRST ANNUAL ACE (AGGRESSIVE CRIMINAL ENFORCEMENT) PROGRAM AWARDS, and GRANTING THEM THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR THEIR AWARDS.

Whereas, Lt. Randy Garrett of the Clarendon County Sheriff's Department was named local department officer of the year, Highway Patrol Trooper Benji Andrew was named trooper of the year, Clarendon County Sheriff H.F. Swilley received the award for local department of the year, and Col. R.N. Alford, the director of law enforcement for the South Carolina Department of Highways and Public Transportation, received the award for district department of the year in the first annual ACE (Aggressive Criminal Enforcement) Program awards presented in Columbia in December 1992; and

Whereas, these gentlemen are all highly dedicated individuals who have labored unceasingly to make law enforcement work in South Carolina and are greatly deserving of recognition, commendation, and the gratitude of the citizens of the Palmetto State. Now, therefore,

Be it resolved by the House of Representatives:

That the House of Representatives, by this resolution, congratulates Clarendon County citizens -- Sheriff's Department Lt. Randy Garrett, Highway patrol Trooper Benji Andrew, and Sheriff H.F. Swilley -- and also Col. R.N. Alford, the director of law enforcement for the South Carolina Department of Highways and Public Transportation, upon receiving the first annual ACE (Aggressive Criminal Enforcement) Program awards and grants them the privilege of the floor of the House of Representatives on Tuesday, January 26, 1993, at a time to be determined by the Speaker, for the purpose of being recognized for their awards.

Rep. HARVIN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10151JM.93), which was adopted.

Amend the resolution, as and if amended, by striking all after the resolving words and inserting:

/That the House of Representatives, by this resolution, congratulates Clarendon County citizens -- Sheriff's Department Lt. Randy Garrett, Highway patrol Trooper Benji Andrew, and Sheriff H.F. Swilley -- and also Col. R.N. Alford, the director of law enforcement for the South Carolina Department of Highways and Public Transportation, upon receiving the first annual ACE (Aggressive Criminal Enforcement) Program awards and grants them the privilege of the floor of the House of Representatives on a date and at a time to be determined by the Speaker, for the purpose of being recognized for their awards./

Amend further by striking the title of the resolution and inserting:

/CONGRATULATING CLARENDON COUNTY CITIZENS -- SHERIFF'S DEPARTMENT LIEUTENANT RANDY GARRETT, HIGHWAY PATROL TROOPER BENJI ANDREW, AND SHERIFF H.F. SWILLEY -- AND ALSO COLONEL R.N. ALFORD, THE DIRECTOR OF LAW ENFORCEMENT FOR THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, UPON RECEIVING THE FIRST ANNUAL ACE (AGGRESSIVE CRIMINAL ENFORCEMENT) PROGRAM AWARDS, AND GRANTING THEM THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR THEIR AWARDS./

The Resolution, as amended, was adopted.

Rep. WALDROP moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3315 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. JAMES LEE (J.L.) MILLER OF CLARENDON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 3316 -- Reps. Harrell, J. Bailey, Barber, Breeland, Fulmer, Gonzales, Hallman, Holt, Hutson, Inabinett, Whipper and R. Young: A CONCURRENT RESOLUTION CONGRATULATING THE VARSITY CHEERLEADERS OF MIDDLETON HIGH SCHOOL OF CHARLESTON COUNTY ON WINNING THE SOUTH ATLANTIC REGIONAL CHEERLEADING CHAMPIONSHIP AND THEREBY QUALIFYING TO PARTICIPATE IN THE 1993 NATIONAL HIGH SCHOOL CHEERLEADING CHAMPIONSHIP FEBRUARY 20-21, 1993, AT SEA WORLD IN ORLANDO, FLORIDA.

H. 3317 -- Reps. Harrell, J. Bailey, Barber, Breeland, Fulmer, Gonzales, Hallman, Holt, Hutson, Inabinett, Whipper and R. Young: A CONCURRENT RESOLUTION CONGRATULATING ASHLEY RIVER CREATIVE ARTS ELEMENTARY SCHOOL OF CHARLESTON COUNTY ON ITS SELECTION AS A NATIONAL BLUE RIBBON SCHOOL.

H. 3350 -- Rep. R. Smith: A CONCURRENT RESOLUTION TO EXPRESS GRATITUDE TO PATSY MATTHEWS, REGISTERED NURSE, OF NORTH AUGUSTA, FOR CARING FOR BRAD CLEO COUCH DURING HIS RECOVERY.

ADJOURNMENT

At 12:45 P.M. the House in accordance with the motion of Rep. RICHARDSON adjourned in memory of Mrs. Ann Lucas, long time resident of Beaufort County, who was a model citizen, community volunteer, and life long supporter and worker with the County, State, and National Republican Party, to meet at 2:00 P.M. tomorrow.

* * *

This web page was last updated on Monday, June 29, 2009 at 3:45 P.M.