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:

O Lord our God, by Whose goodness we have been brought to this day, grant that we may go about the opportunities of it with thankful hearts and diligent efforts. Give us the confidence that strengthens, the faith that breeds courage, the integrity that holds us steadfast in the face of temptation. Keep us worthy of our blessings, adequate for our tasks, and ready to live in accord with Your will. Make us great in our devotion to Your way, gallant in our desire for honor, sincere in our dedication to good will, and genuine in our decision to follow the profound truths of the Ten Commandments and the eternal principles of the Sermon on the Mount.

In the Name of Jesus we pray. 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.

The following were received.

January 27, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C.     (Doc. No. 1055)

House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on January 27, 1989 regulations concerning Certification of Need for Health facilities and services from the South Carolina Department of Health and Environmental Control.

They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.

Sincerely,
Robert J. Sheheen

January 27, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C.     (Doc. No. 1065)

House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on January 27, 1989 regulations concerning Vital Statistics from the South Carolina Department of Health and Environmental Control.

They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.

Sincerely,
Robert J. Sheheen

Received as information.

Rep. R. BROWN, from the Committee on Education and Public Works, submitted a favorable report, on:

H. 3028 -- Rep. Gregory: A BILL TO AMEND SECTION 56-1-1090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONISSUANCE OF LICENSE AND RESTRICTION OF DRIVING PRIVILEGES TO HABITUAL OFFENDERS, SO AS TO PROVIDE THAT NO PETITION OR COURT ORDER IS REQUIRED FOR THE RESTORATION OF DRIVING PRIVILEGES AFTER THE EXPIRATION OF THE FIVE-YEAR WAITING PERIOD AND ALL FINANCIAL RESPONSIBILITY REQUIREMENTS HAVE BEEN FULFILLED.

Ordered for consideration tomorrow.

The following was introduced:

H. 3361 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. ANNE AUSTIN YOUNG OF ANDERSON COUNTY, ONE OF THE MOST REMARKABLE INDIVIDUALS EVER TO HAVE LIVED IN SOUTH CAROLINA, AND EXTENDING HEARTFELT SYMPATHY TO HER FAMILY AND TO HER COUNTLESS FRIENDS.

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

The Senate sent to the House the following:

S. 262 -- Senators Fielding, Passailaigue, Martschink, McConnell and McLeod: A CONCURRENT RESOLUTION TO COMMEND MR. AND MRS. THOMAS PETTIGREW OF CHARLESTON COUNTY FOR THEIR SURVIVAL AND ENDURANCE OF THEIR FOUR-DAY ORDEAL OFF THE CHARLESTON AND BEAUFORT COASTS.

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

The Senate sent to the House the following:

S. 263 -- Senator Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE ATTORNEY I.S. LEEVY JOHNSON OF COLUMBIA FOR HIS ELECTION TO THE 1988-89 AMERICAN JUDICATURE SOCIETY BOARD OF DIRECTORS.

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

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

H. 3362 -- Reps. Kirsh, Nesbitt, Foster, Beasley, P. Harris and J. Rogers: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, SECTION 14, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE BONDED INDEBTEDNESS OF POLITICAL SUBDIVISIONS, SO AS TO INCREASE THE GENERAL OBLIGATION DEBT LIMIT FROM EIGHT TO TWELVE PERCENT OF THE ASSESSED VALUE OF ALL TAXABLE PROPERTY OF POLITICAL SUBDIVISIONS.

Referred to Committee on Ways and Means.

H. 3363 -- Reps. Sharpe, Klapman, Sturkie, T.M. Burriss, Corning, Davenport, Derrick, McTeer, Bennett, McAbee, Kirsh and Keesley: A BILL TO AMEND SECTION 30-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO INSPECT OR OBTAIN COPIES OF PUBLIC RECORDS AND THE FEES FOR OBTAINING THESE COPIES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO AUTHORIZE AN AGENCY TO CHARGE CERTAIN ADDITIONAL FEES WHEN THE COPIES FURNISHED WILL BE USED FOR SOLICITATION OR PROFIT PURPOSES.

Referred to Committee on Judiciary.

H. 3364 -- Reps. Short, Burch, Cole, Nettles, R. Brown, Gentry, Tucker, Keesley, Hodges and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE THAT ANY PERSON UPON BEING ARRESTED FOR A VIOLATION OF SECTION 56-5-2930 AND TAKEN BY THE ARRESTING OFFICER TO A LOCATION FOR PURPOSES OF ADMINISTERING THE CHEMICAL TEST OF HIS BREATH MUST ALSO HAVE HIS CONDUCT AT THIS LOCATION VIDEOTAPED BY THE ARRESTING OFFICER OR ANOTHER MEMBER OF THE ARRESTING OFFICER'S DEPARTMENT, TO PROVIDE THAT A COPY OF THIS VIDEOTAPE MUST BE PROVIDED TO THE DEFENDANT UPON HIS REQUEST AND AT HIS EXPENSE BEFORE THE SCHEDULED TRIAL DATE AND IT IS ADMISSIBLE AS EVIDENCE BY EITHER SIDE IN THIS PROCEEDING, AND TO PROVIDE THAT A PERSON WHO OPERATES A MOTOR VEHICLE IN THIS STATE IS CONSIDERED TO HAVE GIVEN CONSENT TO THE VIDEOTAPING OF HIS CONDUCT.

Referred to Committee on Judiciary.

H. 3365 -- Rep. Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 47 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR A SPECIAL MOTOR VEHICLE LICENSE PLATE FOR COUNTY CORONERS AND PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Education and Public Works.

H. 3366 -- Rep. Limehouse: A BILL TO AMEND SECTION 12-37-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FOR TAXPAYERS SIXTY-FIVE AND OVER OR THOSE TOTALLY AND PERMANENTLY DISABLED OR LEGALLY BLIND, SO AS TO PROVIDE THAT A PARTIAL EXEMPTION MUST BE BASED UPON PERCENTAGE OF ACTUAL OWNERSHIP INSTEAD OF ON THE BASIS OF THE NUMBER OF OWNERS.

Referred to Committee on Ways and Means.

H. 3367 -- Reps. G. Bailey, Wofford, Kohn and Limehouse: A BILL TO AMEND ACT 535 OF 1982, AS AMENDED, RELATING TO THE REQUIREMENT THAT MEMBERS OF THE BOARD OF TRUSTEES OF SUMMERVILLE SCHOOL DISTRICT NO. 2 OF DORCHESTER COUNTY MUST BE ELECTED RATHER THAN APPOINTED AND THE MANNER IN WHICH THESE TRUSTEES MUST BE ELECTED, SO AS TO DELETE THE LIMITATION ON ANY TRUSTEE SERVING MORE THAN TWO SUCCESSIVE FOUR-YEAR TERMS AND PROVIDE FOR THE NOMINATION OF CANDIDATES TO THE BOARD BY PETITION INSTEAD OF STATEMENT OF CANDIDACY.

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

H. 3368 -- Reps. P. Harris, Waldrop, Townsend and Tucker: 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.

Referred to Committee on Ways and Means.

H. 3369 -- Rep. Mattos: A BILL TO AMEND SECTION 40-58-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOND AND SECURITY REQUIREMENTS FOR MORTGAGE LOAN BROKERS, SO AS TO DECREASE THE REQUIREMENT FROM FIFTY THOUSAND TO FIVE THOUSAND DOLLARS.

Rep. MATTOS asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. R. BROWN objected.

Referred to Committee on Labor, Commerce and Industry.

S. 61 -- Senator Stilwell: A BILL TO AMEND SECTION 12-51-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF DELINQUENT PROPERTY TAXES, SO AS TO REQUIRE THE NOTICE OF DELINQUENT TAXES TO BE MAILED TO THE OWNER OF RECORD AT THE BEST ADDRESS AVAILABLE WHICH IS EITHER THE ADDRESS SHOWN ON THE DEED CONVEYING THE PROPERTY TO HIM OR THE PROPERTY ADDRESS.

Referred to Committee on Ways and Means.

S. 207 -- Senator Waddell: A BILL TO AMEND SECTION 41-44-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PALMETTO SEED CAPITAL CORPORATION AND THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP, SO AS TO REVISE THE DEFINITION OF A "START-UP BUSINESS", AND SECTION 41-44-60, RELATING TO THE PALMETTO SEED CAPITAL CORPORATION AND PARTNERSHIP, SO AS TO FURTHER PROVIDE FOR THE GENERAL NATURE OF THE BUSINESS OF THE CORPORATION AND TO REVISE THE PURPOSE FOR WHICH MONIES RAISED BY THE PARTNERSHIP MAY BE USED.

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

S. 223 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-615 SO AS TO INCLUDE WITHIN THE DEFINITION OF SEXUAL BATTERY THE OFFENSE OF SPOUSAL SEXUAL BATTERY AND TO PROVIDE A PENALTY FOR VIOLATION, TO PROVIDE THAT THE OFFENDING SPOUSE'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN FORTY-FIVE DAYS AND A CHARGE MADE IN ORDER FOR THAT SPOUSE TO BE PROSECUTED FOR THIS OFFENSE, AND TO PROVIDE FOR THE ADMISSIBILITY OF MATTERS OF CONTROVERSY BETWEEN THE SPOUSES UNDER THE PROVISIONS OF SECTION 16-3-659.1; AND TO AMEND SECTION 16-3-658, RELATING TO CRIMINAL SEXUAL CONDUCT WHEN THE VICTIM IS A LEGAL SPOUSE, SO AS TO PROVIDE THAT A PERSON CANNOT BE GUILTY OF CRIMINAL SEXUAL CONDUCT IF THE VICTIM IS HIS LEGAL SPOUSE UNLESS THE COUPLE ARE LIVING APART RATHER THAN LIVING APART BY REASON OF A COURT ORDER AND PROVIDE THAT THE ACTOR'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE: LAW ENFORCEMENT AUTHORITIES WITHIN FORTY-FIVE DAYS IN ORDER FOR A PERSON TO BE PROSECUTED.

Referred to Committee on Judiciary.

S. 245 -- Judiciary Committee: A BILL TO AMEND SECTIONS 1-23-110 AND 1-23-120, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE REGISTER, SO AS TO REQUIRE A STATE AGENCY TO GIVE NOTICE OF THE OPPORTUNITY FOR AN ORAL HEARING AND TO REQUIRE A HEARING NO SOONER THAN THIRTY DAYS FROM PUBLICATION OF THE NOTICE IN THE STATE REGISTER IF REQUESTED BY TWENTY-FIVE PERSONS AND TO PROVIDE THAT A REGULATION BECOMES EFFECTIVE ONE HUNDRED TWENTY DAYS AFTER SUBMISSION TO THE GENERAL ASSEMBLY IF A RESOLUTION TO APPROVE OR DISAPPROVE IT IS NOT ENACTED WITHIN THAT TIME PERIOD.

Referred to Committee on Judiciary.

Rep. LITTLEJOHN moved that when the House adjourns it adjourn out of memory and respect for John H. Brown, Pacolet businessman, civic leader, and World War II veteran, which was agreed to.

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Baker
Barber                 Barfield               Baxley
Beasley                Bennett                Blackwell
Blanding               Boan                   Brown, G.
Brown, H.              Brown, J.              Brown, R.
Bruce                  Burch                  Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Derrick                Elliott                Faber
Fair                   Fant                   Farr
Gentry                 Glover                 Gordon
Hallman                Harris, J.             Harris, P.
Harwell                Haskins                Hearn
Hendricks              Hodges                 Holt
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Kay                    Keegan                 Keesley
Keyserling             Kirsh                  Klapman
Kohn                   Koon                   Lanford
Limehouse              Littlejohn             Lockemy
Manly                  Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McGinnis               McKay                  McLellan
McLeod                 McTeer                 Moss
Neilson                Nesbitt                Nettles
Phillips               Quinn                  Rama
Rhoad                  Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Simpson                Snow                   Stoddard
Taylor                 Townsend               Tucker
Vaughn                 Waites                 Washington
Wells                  Whipper                White
Wilder                 Wilkes                 Wilkins
Williams, D.           Williams, J.           Winstead
Wofford                Wright

I came in after the roll call and was present for the Session on January 31, 1989.

John Felder                       Dave C. Waldrop
Robert Hayes, Jr.                 Ralph Davenport
Roland S. Corning                 Samuel R. Foster
Jack Gregory                      Ken Bailey
Lenoir Sturkie                    Joseph McElveen, Jr.

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

Announcement was made that Dr. J. Gavin Appleby of Columbia is the Doctor of the Day for the General Assembly.

Rep. WILKINS moved to adjourn debate upon the following Bill until the conclusion of the uncontested calendar, which was adopted.

H. 3151 -- Reps. Sheheen and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-7-1615 SO AS TO DEFINE THE TERM ATTORNEY GENERAL OR HIS DESIGNEE FOR PURPOSES OF THE STATE GRAND JURY OF SOUTH CAROLINA; BY ADDING SECTION 14-7-1820 SO AS TO GIVE RETROACTIVE JURISDICTION TO THE STATE GRAND JURY; TO AMEND SECTION 14-7-1630, RELATING TO THE JURISDICTION AND IMPANELING OF THE STATE GRAND JURY, SO AS TO CLARIFY THE DUTIES OF THE CHIEF ADMINISTRATIVE JUDGE; TO AMEND SECTION 14-7-1660, RELATING TO THE SELECTION OF GRAND JURORS, SO AS TO PROVIDE THAT THE PRESIDING JUDGE RATHER THAN THE CLERK OF THE GRAND JURY SHALL DETERMINE THE QUALIFICATIONS OF JURORS; TO AMEND SECTION 14-7-1700, RELATING TO RECORDS OF THE GRAND JURY, SO AS TO REQUIRE THE RECORDING OF GRAND JURY PROCEEDINGS EXCLUSIVE OF VOTING AND DELIBERATION AND TO CLARIFY THE ACCESS OF DEFENDANTS TO REVIEW TRANSCRIPTS OF GRAND JURY PROCEEDINGS; TO AMEND SECTION 14-7-1720, RELATING TO GRAND JURY SECRECY, SO AS TO EXTEND THE SECRECY RULES TO GOVERNMENTAL PERSONNEL AND TO PROVIDE FOR THE RELEASE OF RECORDS SO THAT DEFENDANTS MAY REVIEW TRANSCRIPTS OF GRAND JURY PROCEEDINGS; TO AMEND SECTION 14-7-1750, RELATING TO INDICTMENTS, SO AS TO PROVIDE THAT THE PRESIDING JUDGE SHALL RETURN AN INDICTMENT TO THE APPROPRIATE COUNTY BY ORDER; AND TO AMEND SECTION 14-7-1780, AS AMENDED, RELATING TO SPACE AND FUNDING FOR THE GRAND JURY, SO AS TO PROVIDE THAT GRAND JURY EXPENSES MUST BE PAID FROM FUNDS APPROPRIATED TO THE STATE BUDGET AND CONTROL BOARD.

The following Joint Resolution was taken up.

S. 3 -- Senators Saleeby, Holland, Land, Martin, McLeod, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Setzler, Shealy, H.C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A JOINT RESOLUTION TO PROHIBIT AN INSURER OR RATING ORGANIZATION DOING BUSINESS IN THIS STATE FROM FILING FOR APPROVAL OF A PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE INCREASE UNTIL AFTER JULY 1, 1989, AND TO PROVIDE FOR RELATED MATTERS.

Reps. CARNELL, McABEE, SHARPE and KIRSH proposed the following Amendment No. 1 (Doc. No. 1388U), which was tabled.

Amend the resolution, as and if amended, in SECTION 1 by striking /July 1/ as contained on lines 7 and 14 on page 2 and inserting /October 1/.

Amend title to conform.

Rep. CARNELL explained the amendment.

Rep. KOHN spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 64 to 34.

The Joint Resolution was then read the second time and ordered to third reading.

Rep. McEACHIN moved to adjourn debate upon the following Bill until Wednesday, February 1, which was adopted.

H. 3052 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 TO CHAPTER 21, TITLE 12, SO AS TO PROVIDE FOR THE REGULATION OF THE GAME OF BINGO BY THE TAX COMMISSION, THE TERMS AND MANNER OF PLAYING THE GAME, EXCEPTIONS, CLASSES OF LICENSES FOR PLAYING THE GAME, A TAX ACCORDING TO THE CLASS OF LICENSE, WHO MAY CONDUCT THE GAME, THE HANDLING OF PROCEEDS, REPORTING OF RECEIPTS, BONDING REQUIREMENTS, A PROCEDURE FOR APPEAL OF REVOCATION OF THE LICENSE, INSPECTION AUTHORITY BY THE COMMISSION, DISPOSITION OF REVENUES FROM THE GAME, AND PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-54-90, RELATING TO REVOCATION OF A LICENSE BY THE COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO NOTIFY, BY CERTIFIED MAIL OR PERSONAL SERVICE, A PERSON WHOSE LICENSE IS REVOKED; AND TO REPEAL SECTIONS 12-21-2580 THROUGH 12-21-2630 AND CHAPTER 17 OF TITLE 52 RELATING TO THE REQUIREMENTS FOR SPONSORING BINGO GAMES, REQUIRING AN ANNUAL LICENSE AND AN ADMISSION TAX FOR THESE GAMES, PROVIDING FOR BONDING OF THE OPERATION OF THESE GAMES, AND FOR THE DISPOSITION OF THE REVENUE DERIVED FROM THE PROVISIONS OF SECTIONS 12-21-2590 AND 12-21-2600, AND THE DEFINITION OF THE TERMS AND MANNER OF PLAYING THE GAME OF BINGO AND THE DEFINITION OF WHICH ORGANIZATIONS MAY CONDUCT THE GAME.

Rep. R. BROWN moved to adjourn debate upon the following Joint Resolution until Tuesday, February 7, which was adopted.

H. 3324 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO PROHIBIT AN INSURER OR RATING ORGANIZATION DOING BUSINESS IN THIS STATE FROM FILING FOR APPROVAL OF A PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE INCREASE UNTIL AFTER JULY 1, 1989, AND TO PROVIDE FOR RELATED MATTERS.

The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:

H. 3328 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 978, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. TOWNSEND explained the Joint Resolution.

S. 220 -- Finance Committee: A BILL TO RATIFY AN AMENDMENT TO SECTION 36, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GENERAL FUND RESERVE, SO AS TO CHANGE THE NAME OF THE GENERAL FUND RESERVE TO THE GENERAL RESERVE FUND, REDUCE FROM FOUR TO THREE PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR THE AMOUNT REQUIRED IN THE FUND, DELETE PROVISIONS REQUIRING A SPECIAL VOTE TO ADJUST THE PERCENTAGE REQUIRED IN THE FUND, DELETE PROVISIONS REQUIRING THE GENERAL ASSEMBLY TO REVIEW THE LAW ON THIS SUBJECT EVERY FIVE YEARS, PROVIDE A MECHANISM FOR RESTORING THE FUND SHOULD MONIES FROM THE FUND BE EXPENDED, REQUIRE A CAPITAL RESERVE FUND EQUAL TO TWO PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR, AND PROVIDE THAT BEFORE MARCH FIRST THE CAPITAL RESERVE FUND MUST BE USED TO OFFSET MID-YEAR BUDGET REDUCTIONS BEFORE MANDATING CUTS IN OPERATING APPROPRIATIONS AND AFTER MARCH FIRST MONIES FROM THE FUND MAY BE APPROPRIATED BY A SPECIAL VOTE IN SEPARATE LEGISLATION BY THE GENERAL ASSEMBLY TO FINANCE IN CASH PREVIOUSLY AUTHORIZED CAPITAL IMPROVEMENT BOND PROJECTS, RETIRE BOND PRINCIPAL OR INTEREST ON BONDS PREVIOUSLY ISSUED, AND FOR CAPITAL IMPROVEMENTS OR OTHER NONRECURRING PURPOSES WHICH MUST BE RANKED IN ORDER OF PRIORITY OF EXPENDITURE AND NOT BE FUNDED UNTIL THIRTY DAYS AFTER COMPLETION OF THE FISCAL YEAR AND PROVIDE THAT ANY APPROPRIATIONS OF MONIES FROM THE CAPITAL RESERVE FUND AFTER MARCH FIRST MUST BE REDUCED BASED ON THE RANK OF PRIORITY BEGINNING WITH THE LOWEST PRIORITY TO THE EXTENT NECESSARY AND APPLIED TO THE YEAR-END DEFICITS BEFORE WITHDRAWING MONIES FROM THE GENERAL RESERVE FUND AND TO PROVIDE THAT MONIES IN THE CAPITAL RESERVE FUND NOT APPROPRIATED OR ANY APPROPRIATION FOR A PARTICULAR PROJECT OR ITEM WHICH HAS BEEN REDUCED DUE TO APPLICATION OF THE MONIES TO YEAR-END DEFICIT MUST LAPSE AND BE CREDITED TO THE GENERAL FUND.

H. 3336 -- Reps. Holt, Winstead, Washington, J. Bailey, D. Martin, Kohn and Hallman: A BILL TO AMEND SECTION 5-31-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMISSIONERS OF PUBLIC WORKS, SO AS TO PROVIDE THAT MUNICIPALITIES HAVING A POPULATION OF TWENTY THOUSAND OR LESS ACCORDING TO THE 1950 CENSUS MAY ELECT TWO ADDITIONAL COMMISSIONERS AT ANY GENERAL ELECTION AFTER AUTHORIZING THEM BY ORDINANCE.

Rep. HOLT explained the Bill.

Rep. TOWNSEND moved to adjourn debate upon the following Joint Resolution until Tuesday, February 7, which was adopted.

H. 3329 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INSTRUCTION AT A PLACE OTHER THAN SCHOOL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1060, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following Bill was taken up.

S. 185 -- Senator Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-7-1615 SO AS TO DEFINE THE TERM ATTORNEY GENERAL OR HIS DESIGNEE FOR PURPOSES OF THE STATE GRAND JURY OF SOUTH CAROLINA; BY ADDING SECTION 14-7-1820 SO AS TO GIVE RETROACTIVE JURISDICTION TO THE STATE GRAND JURY; TO AMEND SECTION 14-7-1630, RELATING TO THE JURISDICTION AND IMPANELING OF THE STATE GRAND JURY, SO AS TO CLARIFY THE DUTIES OF THE CHIEF ADMINISTRATIVE JUDGE; TO AMEND SECTION 14-7-1660, RELATING TO THE SELECTION OF GRAND JURORS, SO AS TO PROVIDE THAT THE PRESIDING JUDGE RATHER THAN THE CLERK OF THE GRAND JURY SHALL DETERMINE THE QUALIFICATIONS OF JURORS; TO AMEND SECTION 14-7-1700, RELATING TO RECORDS OF THE GRAND JURY, SO AS TO REQUIRE THE RECORDING OF GRAND JURY PROCEEDINGS EXCLUSIVE OF VOTING AND DELIBERATION AND TO CLARIFY THE ACCESS OF DEFENDANTS TO REVIEW TRANSCRIPTS OF GRAND JURY PROCEEDINGS; TO AMEND SECTION 14-7-1720, RELATING TO GRAND JURY SECRECY, SO AS TO EXTEND THE SECRECY RULES TO GOVERNMENTAL PERSONNEL AND TO PROVIDE FOR THE RELEASE OF RECORDS SO THAT DEFENDANTS MAY REVIEW TRANSCRIPTS OF GRAND JURY PROCEEDINGS; AND TO AMEND SECTION 14-7-1750, RELATING TO INDICTMENTS, SO AS TO PROVIDE THAT THE PRESIDING JUDGE SHALL RETURN AN INDICTMENT TO THE APPROPRIATE COUNTY BY ORDER, AND FURTHER PROVIDE FOR THE DISCLOSURE OF INDICTMENT RETURNS.

Reps. WILKINS and SHEHEEN proposed the following Amendment No. 1 (Doc. No. 1278U), which was adopted.

Amend the bill, as and if amended, in Section 14-7-1750 as continued in SECTION 7, page 6, by striking /bench/ on line 10.

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, February 7, which was adopted.

H. 3151 -- Reps. Sheheen and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-7-1615 SO AS TO DEFINE THE TERM ATTORNEY GENERAL OR HIS DESIGNEE FOR PURPOSES OF THE STATE GRAND JURY OF SOUTH CAROLINA; BY ADDING SECTION 14-7-1820 SO AS TO GIVE RETROACTIVE JURISDICTION TO THE STATE GRAND JURY; TO AMEND SECTION 14-7-1630, RELATING TO THE JURISDICTION AND IMPANELING OF THE STATE GRAND JURY, SO AS TO CLARIFY THE DUTIES OF THE CHIEF ADMINISTRATIVE JUDGE; TO AMEND SECTION 14-7-1660, RELATING TO THE SELECTION OF GRAND JURORS, SO AS TO PROVIDE THAT THE PRESIDING JUDGE RATHER THAN THE CLERK OF THE GRAND JURY SHALL DETERMINE THE QUALIFICATIONS OF JURORS; TO AMEND SECTION 14-7-1700, RELATING TO RECORDS OF THE GRAND JURY, SO AS TO REQUIRE THE RECORDING OF GRAND JURY PROCEEDINGS EXCLUSIVE OF VOTING AND DELIBERATION AND TO CLARIFY THE ACCESS OF DEFENDANTS TO REVIEW TRANSCRIPTS OF GRAND JURY PROCEEDINGS; TO AMEND SECTION 14-7-1720, RELATING TO GRAND JURY SECRECY, SO AS TO EXTEND THE SECRECY RULES TO GOVERNMENTAL PERSONNEL AND TO PROVIDE FOR THE RELEASE OF RECORDS SO THAT DEFENDANTS MAY REVIEW TRANSCRIPTS OF GRAND JURY PROCEEDINGS; TO AMEND SECTION 14-7-1750, RELATING TO INDICTMENTS, SO AS TO PROVIDE THAT THE PRESIDING JUDGE SHALL RETURN AN INDICTMENT TO THE APPROPRIATE COUNTY BY ORDER; AND TO AMEND SECTION 14-7-1780, AS AMENDED, RELATING TO SPACE AND FUNDING FOR THE GRAND JURY, SO AS TO PROVIDE THAT GRAND JURY EXPENSES MUST BE PAID FROM FUNDS APPROPRIATED TO THE STATE BUDGET AND CONTROL BOARD.

The following Concurrent Resolution was taken up.

H. 3187 -- Reps. Rudnick, White, Sharpe, Kirsh and J. Harris: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO AFFIRMATIVELY OR NEGATIVELY VOTE ON THE RECOMMENDATIONS OF THE QUADRIENNIAL COMMISSION RELATING TO SALARY ADJUSTMENTS FOR THE THREE BRANCHES OF THE FEDERAL GOVERNMENT.

Whereas, the Quadriennial Commission has proposed certain salary adjustments for all three branches of the federal government which in a number of cases represent substantial increases in pay; and

Whereas, the procedure whereby these salary adjustments take effect is such that the recommendations of the Quadriennial Commission take effect after approval by the President unless the Congress disapproves the recommendations; and

Whereas, the result of this is to allow these salary adjustments to take effect without any member of Congress having to affirmatively or negatively vote on this question; and

Whereas, the constituents of each member of Congress have the right to know where their elected representatives stand on this question; and

Whereas, the members of the General Assembly, by this resolution, hereby call on both houses of the Congress to by recorded vote make known their position on these recommendations. Now, therefore,

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

That the members of the General Assembly hereby memorialize Congress to affirmatively or negatively vote on the recommendations of the Quadriennial Commission relating to salary adjustments for the three branches of the federal government.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and each member of this State's congressional delegation, all at Washington, D.C.

Reps. BAXLEY and RUDNICK proposed the following Amendment No. 1 (Doc. No. 1296U), which was adopted.

Amend the concurrent resolution, including the title, as and if amended, by striking lines 12 through 45 on page 1 and lines 1 through 16 on page 2, and inserting:

/TO MEMORIALIZE CONGRESS TO VOTE "NO" ON THE RECOMMENDATIONS OF THE QUADRENNIAL COMMISSION RELATING TO SALARY ADJUSTMENTS FOR THE THREE BRANCHES OF THE FEDERAL GOVERNMENT.

Whereas, the Quadrennial Commission has proposed certain salary adjustments for all three branches of the federal government which in a number of cases represent substantial increases in pay; and

Whereas, the procedure whereby these salary adjustments take effect is such that the recommendations of the Quadrennial Commission take effect after approval by the President unless the Congress disapproves the recommendations; and

Whereas, the result of this is to allow these salary adjustments to take effect without any member of Congress having to vote on this question; and

Whereas, the members of the General Assembly want both houses of Congress to vote "no" on these recommendations so that the salary increases definitely will not go into effect. Now, therefore,

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

That the members of the General Assembly hereby memorialize Congress to vote "no" on the recommendations of the Quadrennial Commission relating to salary adjustments for the three branches of the federal government.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and each member of this State's congressional delegation, all at Washington, D.C./

Rep. BAXLEY explained the amendment.

Rep. HOLT moved to adjourn debate upon the Concurrent Resolution until Wednesday, February 8.

Rep. RUDNICK moved to table the motion, which was agreed to by a division vote of 85 to 4.

The question then recurred to the adoption of the amendment, which was agreed to.

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

The following Concurrent Resolution was taken up.

S. 150 -- Senator Mitchell: A CONCURRENT RESOLUTION TO ENCOURAGE THE PANEL OF MEDICAL EXPERTS TO BE ORGANIZED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPROVE THE SIGNIFICANT DISPARITY BETWEEN THE LIFE EXPECTANCIES OF BLACKS AND WHITES, TO CONDUCT AND CONCLUDE THE TASK ASSIGNED TO IT, AND TO URGE THE GENERAL ASSEMBLY TO ENACT LEGISLATION AND FUND PROGRAMS RESULTING FROM THE PANEL'S RECOMMENDATIONS TO REDUCE HEALTH PROBLEMS AMONG THE CITIZENS OF THE STATE WHICH HAVE RESULTED IN LIFE EXPECTANCIES BELOW THE NATIONAL AVERAGES FOR BOTH BLACKS AND WHITES.

Whereas, the Department of Health and Environmental Control (DHEC) recently concluded a ten-year study and published a report which establishes that health problems among South Carolina's black population are among the worst in the nation; and

Whereas, the average life expectancy of blacks in South Carolina is 67.8 years and is 2.1 years below the national average for blacks; and

Whereas, while the 73.6 life expectancy of the state's white population is one year below the national average for whites, it is 5.8 years greater than South Carolina's black population; and

Whereas, the report suggests that, as part of a program to improve life expectancies, more funding should be appropriated for the prevention of health problems in order to reduce poverty, make medical care more accessible at nights and on weekends, and to educate the citizenry about how diet and lifestyle influence health; and

Whereas, the report concludes that black South Carolinians are fifty percent more likely to die from illness and accident than white South Carolinians; and

Whereas, DHEC promises to establish a panel of physicians and health specialists to improve the health of South Carolinians and specifically to reduce the significant disparity between the life expectancies of our white and black residents. Now, therefore,

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

That the panel of medical experts organized by the Department of Health and Environmental Control to improve the significant disparity between the life expectancies of blacks and whites is encouraged to conduct and conclude the task assigned to it, and the General Assembly is urged to enact legislation and fund programs resulting from the panel's recommendations to reduce health problems among the citizens of the State which have resulted in life expectancies below the national averages for both blacks and whites.

Rep. HASKINS moved to adjourn debate upon the Concurrent Resolution.

Rep. TAYLOR moved to table the motion, which was agreed to.

The question then recurred to the adoption of the Concurrent Resolution, which was agreed to, and it was ordered sent to the Senate.

The motion period was dispensed with on motion of Rep. L. MARTIN.

The Senate returned to the House with concurrence the following:

H. 3361 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. ANNE AUSTIN YOUNG OF ANDERSON COUNTY, ONE OF THE MOST REMARKABLE INDIVIDUALS EVER TO HAVE LIVED IN SOUTH CAROLINA, AND EXTENDING HEARTFELT SYMPATHY TO HER FAMILY AND TO HER COUNTLESS FRIENDS.

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

At 12:50 P.M. the House in accordance with the motion of Rep. LITTLEJOHN adjourned out of memory and respect for John H. Brown, Pacolet businessman, civic leader, and World War II veteran to meet at 2:00 P.M. tomorrow.

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