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:
O God, our Refuge and Strength, our very present Help in trouble, protect and prosper, we pray, our beloved Country in this time of war. Make us, by Your help, a people worthy to be entrusted with victory. And so use, direct and bless our armed forces that they may be servants in overcoming wrong and establishing liberty, truth and righteousness unto the ends of the earth.
Give us the trust in God of the Psalmist when he wrote: "He makes wars to cease". (Psalm 46:9a)
We pray to God that His perfect day of true brotherhood may come to all mankind. 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 yesterday, the SPEAKER ordered it confirmed.
The following was received and referred to the appropriate committee for consideration.
Document No. 1356
Promulgated By Board of Education
Basic Program Curriculum (43-234), (43-231), and (43-130)
Received By Speaker January 22, 1991
Referred to House Committee on Education and Public Works
120 day review expiration date May 22, 1991
The following was received and referred to the appropriate committee for consideration.
Document No. 1334
Promulgated By Board of Education
Teacher Education Programs Offered by Colleges and Universities in South Carolina (43-90)
Referred to House Committee on Education and Public Works
Withdrawn and resubmitted: January 22, 1991
120 day review expiration date May 7, 1991
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3040 -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-230 SO AS TO REQUIRE LICENSED HEALTH CARE PROVIDERS TO PROVIDE NOTIFICATION OF THEIR PROCEDURES FOR FILING CLAIMS, REQUIRE CERTAIN ORGANIZATIONS PROVIDING HEALTH CARE TO ACCEPT STANDARDIZED CLAIM FORMS, PROVIDE THAT A DEBTOR MUST BE NOTIFIED BY MAIL OF THE CREDITOR'S INTENTIONS OF SUBMITTING A DEBT TO A CREDIT BUREAU OR CREDIT REPORTING AGENCY, AND PROVIDE A PENALTY FOR VIOLATION.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3044 -- Reps. P. Harris, Waldrop and Whipper: A BILL TO AMEND SECTION 12-7-1235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX CREDIT FOR PAYMENTS BY THE TAXPAYER TO INSTITUTIONS PROVIDING SKILLED OR INTERMEDIATE CARE, SO AS TO CHANGE THE REFERENCE TO SKILLED OR INTERMEDIATE CARE TO NURSING FACILITY LEVEL OF CARE AND TO EXTEND THE CREDIT TO PAYMENTS FOR IN-HOME OR COMMUNITY CARE FOR PERSONS DETERMINED TO MEET NURSING FACILITY LEVEL OF CARE CRITERIA AS CERTIFIED BY A LICENSED PHYSICIAN.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3045 -- Reps. P. Harris and Waldrop: A BILL TO AMEND SECTION 43-21-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LONG-TERM CARE COUNCIL, SO AS TO REVISE THE MEMBERS, PROVIDE FOR THE AUTHORIZATION OF DESIGNEES, AND DELETE REPORTS ON THE IMPLEMENTATION STATUS OF PAST COUNCIL RECOMMENDATIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3071 -- Reps. Whipper, Waites, Corning and Manly: 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 IS 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.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3125 -- Reps. Harvin, Rama and Wilkes: A BILL TO AMEND SECTION 11-35-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PURCHASING PROCEDURES UNDER THE PROCUREMENT CODE, SO AS TO PROVIDE THAT GOVERNMENTAL BODIES EXEMPTED FROM THE PURCHASING PROCEDURES SHALL PURCHASE SOUTH CAROLINA PRODUCED AND PROCESSED PRODUCTS WHENEVER FEASIBLE AND IF THEY CHOOSE TO USE BIDDING PROCEDURES GOVERNED BY THE PROCUREMENT CODE THAT THE PROVISIONS OF SECTION 11-35-1520(9) APPLY IF THERE ARE TIE BIDS OR BIDS BY SOUTH CAROLINA VENDORS WHICH ARE WITHIN PERCENTAGES OF THE HIGH BID.
Ordered for consideration tomorrow.
On motion of Rep. KEYSERLING, with unanimous consent, the following was taken up for immediate consideration:
H. 3284 -- Reps. Keyserling, H. Brown, Rogers, Jaskwhich and J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1991 SOUTH CAROLINA FOLK HERITAGE AWARD AND THE MEMBERS OF THE 1991 FOLK HERITAGE AWARD ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 3, 1991, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1990 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
Whereas, in 1987 the General Assembly created the South Carolina Folk Heritage Award to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and their State in ways that are significant because their work has lasted, often for hundreds of years; and
Whereas, the winners of the 1991 South Carolina Folk Heritage Award represent citizens who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents; and
Whereas, the 1991 South Carolina Folk Heritage Award Advisory Committee has performed its duties admirably. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly invite the winners of the 1991 South Carolina Folk Heritage Award and the members of the 1991 South Carolina Folk Heritage Award Advisory Committee to attend a joint session of the General Assembly in the Hall of the House at 12:00 noon on Wednesday, April 3, 1991, and that the members of the General Assembly recognize and commend the 1991 South Carolina Folk Heritage Award winners for their outstanding contributions to folk art in South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3285 -- Reps. Rama, Sheheen, Corbett, Quinn, Keegan, Jaskwhich, Cromer and Barber: A CONCURRENT RESOLUTION TO COMMEND THE CATHOLIC SCHOOLS OF SOUTH CAROLINA AND THE UNITED STATES ON THE OCCASION OF NATIONAL APPRECIATION DAY FOR CATHOLIC SCHOOLS TO BE HELD ON WEDNESDAY, JANUARY 30, 1991.
Whereas, the second annual National Appreciation Day for Catholic Schools will be held January 30, 1991; and
Whereas, this event was founded by the National Catholic Educational Association (NCEA) as a rallying point for all Americans to show their support and gratitude for Catholic schools; and
Whereas, Catholic schools have always been an integral part of this nation's educational system and represent a good educational choice for many Americans and South Carolinians; and
Whereas, Catholic schools play a vital role in American education, and Catholic schools of today have a spirit and vitality marking them as special. Catholic schools provide academic excellence and a values-based education evidenced by the fact that eighty-three percent of Catholic school graduates go to college; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize each of the fine elementary and secondary Catholic schools in this State and commend the students, faculty, and staff of these schools for their many outstanding achievements on the occasion of National Appreciation Day for Catholic Schools. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby commend the Catholic schools of South Carolina and the United States on the occasion of National Appreciation Day for Catholic Schools to be held on Wednesday, January 30, 1991.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3286 -- Reps. G. Brown and Baxley: A CONCURRENT RESOLUTION TO CONGRATULATE MR. CALVIN JOYNER OF LEE COUNTY ON THE OCCASION OF HIS RETIREMENT FROM COUNTY OFFICE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 518 -- Senators Williams, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY ON THE DEATH OF THEIR FRIEND AND COLLEAGUE, SENATOR JOHN C. "JACK" LINDSAY OF MARLBORO COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
Whereas, the members of the General Assembly were saddened to learn of the death on Friday, January 11, 1991, of their friend and colleague, Senator John C. "Jack" Lindsay of Marlboro County, ten days after undergoing lung transplant surgery at University of North Carolina Hospital, in Chapel Hill, North Carolina; and
Whereas, his colleagues in the General Assembly who in the last year witnessed the effects of his debilitating illness well understood that his fighting spirit would lead him to a daring and risky decision to pursue the remedy of transplant surgery; and
Whereas, while this gallant gamble that he undertook ended sadly, all who knew him and worked with him can appreciate his desire to engage in a frontal assault on his illness, even as he understood the length of the odds; and
Whereas, his untimely death has silenced the voice and removed a mind that for thirty-seven years worked for the people of his native Marlboro County, first in the House of Representatives from 1953 to 1962 and in the Senate beginning in 1963, and which, as the years passed, put a distinctive imprint on the government of this State; and
Whereas, Senator Lindsay, a Marine veteran of World War II, graduated with a law degree from the University of South Carolina in 1951, was a Shriner, served on the board of trustees of the Marlboro County General Hospital, contributed enormously to the success of the South Carolina Housing Authority by virtue of his ex officio membership on the board, was a member of the VFW and American Legion, and was inducted into the Wig and Robe law school honor society; and
Whereas, in a long public career that witnessed great achievements as well as hardships and sorrows, the booming oratory and the razor-sharp mind of Senator Lindsay was daily engaged in the deliberations affecting the lives and fortunes of the people of this State; and
Whereas, in his service he exhibited those virtues common to all successful leaders -- intelligence, understanding of not only issues but also of the needs of his colleagues, unflagging persistence, and the ability to keep confidences; and
Whereas, all who knew him; those who worked with him and those who on occasion fought him, realize that a giant is gone from us, and that his going leaves a void that will not easily be filled. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, expresses sorrow on the death of its friend and colleague, Senator John C. "Jack" Lindsay of Marlboro County and extends sympathy to his family and friends.
Be it further resolved that a copy of this resolution be forwarded to his widow, Mrs. Frances B. Lindsay, and his two sons, John C. Lindsay, Jr. (Chuck) and David Lindsay.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 517 -- Senator Waddell: A CONCURRENT RESOLUTION TO CONGRATULATE THE ATLANTIC STATES MARINE FISHERIES COMMISSION ON THEIR FIFTIETH ANNIVERSARY OF PROMOTING, CONSERVING, AND MANAGING THE MARINE FISHERY RESOURCES OF THE ATLANTIC COASTAL STATES.
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. 3287 -- Reps. Wright, Rama and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 25, TITLE 50, SO AS TO REGULATE THE LAWFUL NOISE LEVEL AND THE EXHAUST SYSTEMS OF MOTORS USED TO PROPEL WATERCRAFT; AND TO REPEAL ARTICLE 11, CHAPTER 25, TITLE 50 RELATING TO MOTORBOATS ON LAKE WYLIE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3288 -- Reps. Beasley, Altman and Townsend: A BILL TO AMEND SECTION 11-35-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS FOR GOODS AND SERVICES RECEIVED BY THE STATE, SO AS TO DELETE THE REFERENCE TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, RELATING TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND COMMISSION, SO AS TO CHANGE THE NAME OF THE DEPARTMENT AND COMMISSION TO THE DEPARTMENT OF AND COMMISSION ON TRANSPORTATION, REORGANIZE THE DEPARTMENT, REVISE PROVISIONS FOR ITS EMPLOYEES, AND REVISE THE COMMISSION; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT, SO AS TO REVISE THE PROCEDURES FOR THE USE OF REVENUE AND OPERATION OF THE DEPARTMENT AND TO DELETE OBSOLETE REFERENCES TO THE 1962 CODE; TO REPEAL SECTION 2, ACT 383 OF 1986 RELATING TO CHANGING REFERENCES TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO THE TRANSFER OF FUNDS BY THE COMMISSION; TO DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES IN THE CODE; TO REQUIRE THE DEPARTMENT TO UTILIZE DEPARTMENT SUPPLIES AND MATERIALS; AND TO PROVIDE FOR SERVICE OF CURRENT COMMISSION MEMBERS AND INITIAL TERMS.
Referred to Committee on Education and Public Works.
H. 3289 -- Rep. J. Bailey: A BILL TO AMEND SECTION 51-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE OLD EXCHANGE BUILDING COMMISSION, SO AS TO PROVIDE A PROCESS FOR FILLING VACANCIES.
On motion of Rep. J. BAILEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3290 -- Reps. P. Harris and Waldrop: A JOINT RESOLUTION TO TEMPORARILY INCREASE THE BINGO LICENSE TAX AND AUTHORIZE THE ADDITIONAL REVENUES TO BE DEPOSITED IN A FUND TO BE CALLED "COMMISSION ON AGING SENIOR CITIZEN CENTERS PERMANENT IMPROVEMENT FUND" AND TO PROVIDE THE PROCEDURES ON HOW THE MONEY MAY BE EXPENDED, REQUIRE THAT PROJECTS MUST BE ESTABLISHED IN ORDER OF PRIORITY AS IDENTIFIED IN THE COMMISSION ON AGING'S 1990 OVERALL PERMANENT IMPROVEMENT PLAN SUBMISSION, PROVIDE A PROCEDURE FOR CHANGING THE PRIORITY, REQUIRE THAT THE COMMISSION IS SUBJECT TO ALL PROVISIONS OF CHAPTER 47 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE ESTABLISHED FOR REQUESTING PERMANENT IMPROVEMENT PROJECTS, AND PROVIDE FOR THE REPEAL OF THE TAX WHEN THE FUND REACHES EIGHT MILLION, SEVEN HUNDRED FIFTY-SEVEN THOUSAND, ONE HUNDRED TWENTY-FIVE DOLLARS.
Referred to Committee on Ways and Means.
H. 3291 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-2030 SO AS TO PROVIDE THAT LAND OWNED BY THE STATE WHICH WAS ACQUIRED WITH FEDERAL LAND WATER CONSERVATION FUNDS MAY BE USED FOR PUBLIC PURPOSES, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3292 -- Reps. J. Bailey, Haskins and Wilder: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SEVENTY-TWO YEARS OF AGE OR OLDER.
Referred to Committee on Judiciary.
H. 3293 -- Reps. Bennett, Snow and Bruce: A BILL TO AMEND SECTION 56-5-4900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES AND THE PROVISION THAT CERTAIN REGULATIONS AS TO BRAKES ARE INAPPLICABLE TO CERTAIN FARM TRAILERS, SO AS TO PROVIDE THAT SECTIONS 56-5-4850 TO 56-5-4900 DO NOT APPLY TO TRAILERS, NOT EXCEEDING EIGHTEEN, RATHER THAN EIGHT, THOUSAND POUNDS GROSS WEIGHT, WHICH ARE PULLED BEHIND FARM TRACTORS OR TRUCKS AND USED IN THE TRANSPORTATION OF CERTAIN FARM PRODUCTS AND ARTICLES, TO PROVIDE THAT FARM TRAILERS EXCEEDING EIGHT THOUSAND POUNDS GROSS WEIGHT WHICH ARE NOT EQUIPPED WITH BRAKES MUST BE PULLED BEHIND FARM TRACTORS OR BEHIND TRUCKS RATED BY THE MANUFACTURER AS HAVING A LOAD CAPACITY OF AT LEAST ONE TON AND HAVING AT LEAST FOUR WHEELS ON THE REAR AXLE, AND TO PROVIDE THAT ALL FARM TRAILERS MUST BE EQUIPPED WITH AND SHALL HAVE IN USE SAFETY CHAINS WHEN THE TRAILERS ARE USED TO HAUL FARM PRODUCTS AND ARTICLES.
Referred to Committee on Education and Public Works.
H. 3294 -- Reps. Waites, Barber, Clyborne, P. Harris, G. Brown, J. Bailey, Jaskwhich, Whipper, Rogers, Keesley, Corning, Manly, Sheheen, Wilkes, McCraw, Wright, Huff, Kempe, Glover, Hodges, McElveen, Altman, Snow, J. Harris, Rudnick, Keegan and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27 IN TITLE 7 SO AS TO ENACT THE SOUTH CAROLINA CODE OF FAIR CAMPAIGN PRACTICES, TO PROVIDE FOR ITS ENFORCEMENT BY THE STATE ELECTION COMMISSION, AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary.
H. 3295 -- Rep. G. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 18 TO TITLE 2 SO AS TO PROVIDE FOR THE REGULATIONS OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 8-13-20, AS AMENDED, RELATING TO DEFINITIONS USED REGARDING ETHICS, SO AS TO DEFINE "COMPENSATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-425 SO AS TO PROHIBIT A PUBLIC OFFICIAL FROM ACCEPTING CERTAIN TYPES OF CONTRIBUTIONS, ACCEPTING CAMPAIGN CONTRIBUTIONS ON THE STATE HOUSE COMPLEX, PROHIBITING A CANDIDATE FOR OFFICE OR PUBLIC OFFICIAL FROM USING CAMPAIGN FUNDS FOR PERSONAL USE, AND PROHIBITING A PUBLIC OFFICIAL OR PUBLIC EMPLOYEE WHO IS ACTING IN AN OFFICIAL CAPACITY FROM RECEIVING A CASH HONORARIUM FOR SPEAKING BEFORE PUBLIC OR PRIVATE GROUPS, OTHER THAN FOR ACTUAL EXPENSES INCURRED; TO AMEND SECTION 8-13-420, RELATING TO OFFERING A PUBLIC OFFICIAL OR PUBLIC EMPLOYEE COMPENSATION, SO AS TO MORE SPECIFICALLY DEFINE UNLAWFUL PRACTICES REGARDING ACCEPTANCE OF COMPENSATION OR ANYTHING OF VALUE BY PUBLIC OFFICIALS OR EMPLOYEES; TO AMEND SECTION 8-13-620, RELATING TO RECORDING OF ALL FUNDS AND CONTRIBUTIONS RECEIVED REQUIRED TO BE KEPT BY THE CANDIDATE FOR OFFICE OR A COMMITTEE WORKING ON HIS BEHALF, SO AS TO FURTHER DEFINE THE REQUIREMENTS FOR RECORDING OF FUNDS AND CONTRIBUTIONS RECEIVED; AND TO REPEAL CHAPTER 17 OF TITLE 2 RELATING TO LOBBYISTS AND LOBBYING.
Referred to Committee on Judiciary.
H. 3296 -- Reps. Tucker, Huff, Smith, Clyborne and Wilkins: A BILL TO AMEND SECTION 44-53-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF LAWS PERTAINING TO ILLICIT TRAFFIC IN CONTROLLED AND COUNTERFEIT SUBSTANCES, SO AS TO PROVIDE FOR UNIFORM PROCEDURES FOR FORFEITED SUBSTANCES AND PROPERTY TO BE USED BY LAW ENFORCEMENT OFFICERS OF THE STATE AND ITS POLITICAL SUBDIVISIONS.
Referred to Committee on Judiciary.
H. 3297 -- Rep. L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-135 SO AS TO PROVIDE THAT IN COMPUTING EXPERIENCE FOR TEACHER'S CERTIFICATES ANY PORTION OF TEACHING TIME MUST BE ADDED TO THE CALCULATIONS ON A FRACTIONAL BASIS AND THAT A TEACHER WHO WISHES TO UPDATE HIS CERTIFICATE MUST PROVIDE THE DEPARTMENT OF EDUCATION WITH THE APPROPRIATE DOCUMENTATION.
Referred to Committee on Education and Public Works.
S. 91 -- Senators McConnell, Giese and Wilson: A BILL TO AMEND SECTION 11-35-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF PURCHASES OF FURNITURE, FLOOR AND WALL COVERINGS, AND DECORATIVE AND ORNAMENTAL ITEMS BY A GOVERNMENTAL BODY, SO AS TO INCLUDE EQUIPMENT AND OFFICES OF AN EMPLOYEE WITH DUTIES AND RESPONSIBILITIES SIMILAR TO AN AGENCY DIRECTOR OR ASSISTANT AGENCY DIRECTOR UNDER THE REPORTING REQUIREMENTS.
Referred to Committee on Judiciary.
S. 187 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3245 SO AS TO PROVIDE THAT NO ARCHITECT OR ENGINEER PERFORMING DESIGN WORK PURSUANT TO A CONTRACT AWARDED UNDER THE CONSOLIDATED PROCUREMENT CODE MAY PERFORM OTHER WORK ON THAT PROJECT AS A CONTRACTOR OR SUBCONTRACTOR EITHER DIRECTLY OR THROUGH A BUSINESS IN WHICH THE ARCHITECT, ENGINEER, OR HIS ARCHITECTURAL OR ENGINEERING FIRM HAS GREATER THAN A FIVE PERCENT INTEREST.
Referred to Committee on Judiciary.
Rep. CORBETT moved that when the House adjourns it adjourn in memory of Mr. Robert Floyd of Horry County, 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. Bailey, K. Baker Barber Baxley Beasley Beatty Bennett Brown, G. Brown, J. Bruce Burch Burriss Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Cromer Derrick Elliott, D. Elliott, L. Faber Fair Farr Felder Foster Fulmer Gentry Glover Gonzales Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hendricks Hodges Holt Houck Huff Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McBride McCain McCraw McElveen McGinnis McKay McLeod McTeer Meacham Nettles Phillips Rama Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Snow Stoddard Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, January 23.
Henry Brown, Jr. Mike Jaskwhich Denny W. Neilson Rick QRick Quinn C. Lenoir Sturkie Alex Harvin, III Jack Gregory William D. Boan
LEAVE OF ABSENCE
The SPEAKER granted Rep. KIRSH a leave of absence for the day due to a death in the family.
Rep. BEASLEY signed a statement with the Clerk that he came in after the roll call and was present for the Session on Thursday, January 17.
Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call and was present for the Session on Tuesday, January 22.
Announcement was made that Dr. J. Capers Hiott of Sumter is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 3261 -- Reps. Koon and Wright: A BILL TO DECLARE PLEASURE ISLAND ROAD IN LEXINGTON COUNTY A PUBLIC RIGHT-OF-WAY.
H. 3021 -- Rep. Gentry: A BILL TO REPEAL SECTION 14-23-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A JUDGE OF PROBATE TO FILE A DESCRIPTION OF THE REAL ESTATE OF A DECEASED PERSON WITH THE COUNTY AUDITOR.
H. 3059 -- Rep. Whipper: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 30, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO EXTRA COMPENSATION NOT PERMITTED BY THE GENERAL ASSEMBLY, SO AS TO ALLOW THE GENERAL ASSEMBLY TO ALLOW EXTRA COMPENSATION FOR SERVICE RENDERED DURING STATE EMERGENCIES, INCLUDING HAZARDOUS WEATHER.
H. 3083 -- Rep. Manly: A BILL TO AMEND SECTION 7-11-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF CANDIDATES WHEN A PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY WHEN THE NOMINEE WAS NOMINATED BY PARTY PRIMARY ELECTION AND TO REVISE CERTAIN ELECTION PROCEDURES CONTAINED IN THE SECTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 7-11-55, SO AS TO REQUIRE A SPECIAL PRIMARY ELECTION TO FILL A VACANCY IN CASES WHERE A PARTY NOMINEE WHO WAS NOMINATED BY A PARTY PRIMARY ELECTION DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, AND TO PROVIDE FOR CERTAIN PROCEDURES AND ELECTION DATES IN REGARD TO THIS PROVISION.
The following Bill and Joint Resolution were 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 they be enrolled for ratification.
S. 151 -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO AUTHORIZE THE DISTRICT'S BOARD OF TRUSTEES TO CONVEY REAL ESTATE, WATER RIGHTS, AND PROPERTY RIGHTS IN ADDITION TO ITS OTHER POWERS.
S. 463 -- Senator Waddell: A JOINT RESOLUTION TO APPROVE THE DISSOLUTION OF THE BEAUFORT COUNTY RECREATION DISTRICT IN BEAUFORT COUNTY, TO PROVIDE FOR THE TRANSFER AND CONVEYANCE OF THE FUNCTIONS AND ASSETS OF THE DISTRICT TO A DEPARTMENT OF BEAUFORT COUNTY GOVERNMENT, AND TO REPEAL ACT 1732 OF 1972, RELATING TO THE CREATION OF THE BEAUFORT COUNTY RECREATION DISTRICT.
Rep. WILKES moved to adjourn debate upon the following Bill until Thursday, January 24, which was adopted.
H. 3268 -- Fairfield County Delegation: A BILL TO REVISE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY AND THE MANNER IN WHICH THESE TRUSTEES ARE SELECTED.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 495 -- Senator Bryan: A BILL TO AMEND ACT 1839 OF 1972 TO CHANGE THE NAME OF THE PIEDMONT SEWER, LIGHT AND FIRE DISTRICT OF ANDERSON AND GREENVILLE COUNTIES TO THE PIEDMONT PUBLIC SERVICE DISTRICT OF ANDERSON AND GREENVILLE COUNTIES.
Debate was resumed on the following House Resolution, the pending question being the consideration of Amendment No. 5, Rep. ROGERS having been recognized.
H. 3219 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 12.4 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE REQUIREMENT THAT A CANDIDATE FOR OFFICE OR COMMITTEE WORKING ON HIS BEHALF MUST MAINTAIN A RECORD OF ALL FUNDS AND CONTRIBUTIONS RECEIVED, SO AS TO REQUIRE THE FULL ADDRESS OF EACH INDIVIDUAL OR GROUP CONTRIBUTING TO THE CANDIDATE.
Amend Title To Conform.
Be it resolved by the House of Representatives:
That Rule 12.4 of the House is amended to read:
"12.4 A candidate for office or any committee working on behalf of a candidate for office, or any duly organized group or political party receiving or soliciting funds for the support of a political candidate or candidates shall maintain a record of all funds and contributions received, with the name, full address, and amount of each individual or group contributing and to what candidate the contribution was made. Duplicate, certified originals of the list showing the names of all contributors must be filed with the House Ethics Committee within ten days after the end of each calendar quarter in which funds are received or expended preceding an election and within thirty days after each election in which such the contributions are sought or received. The candidate, or committee, or group or party shall maintain a current list of all contributors during the two-week period before the election, which must be open to public inspection upon request. When a final list is filed with the House Ethics Committee the candidate or group receiving the funds shall file a certified report stating the amounts expended and for what purposes, how much is retained and what is its ultimate distribution. Provided, however, that the names and addresses of contributors need not be maintained if the contributors give one hundred dollars or less."
Debate was resumed on Amendment No. 5, which was proposed on Tuesday, January 23, by Rep. McLEOD.
Amend the Resolution, as and if amended, in Rule 12.4 of the Rules of the House, page 2, line 4, by inserting after /distribution./ /Provided, however, that the names and addresses of contributors need not be maintained if the contributors give one hundred dollars or less./
Amend title to conform.
Rep. ROGERS spoke against the amendment.
Rep. McLEOD spoke in favor of the amendment.
Rep. HODGES spoke against the amendment.
Rep. G. BROWN spoke in favor of the amendment.
Rep. HASKINS moved to table the amendment, and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Bailey, G. Bailey, J. Barber Beasley Bruce Clyborne Corbett Cork Cromer Elliott, D. Elliott, L. Fair Farr Gentry Harwell Haskins Hayes Hodges Houck Huff Jaskwhich Johnson, J.W. Keegan Keesley Kempe Keyserling Manly Martin, M. Mattos McElveen McTeer Meacham Nettles Rama Rogers Sheheen Short Smith Stoddard Waites Waldrop Wells Wilkes Wilkins Young, A.
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, K. Baker Baxley Beatty Bennett Brown, G. Brown, J. Burch Burriss Carnell Cato Chamblee Cole Cooper Corning Derrick Faber Felder Foster Fulmer Glover Gonzales Hallman Harris, J. Harris, P. Hendricks Holt Johnson, J.C. Koon Lanford Littlejohn Marchbanks Martin, D. Martin, L. McAbee McCain McCraw McGinnis McKay McLeod Neilson Phillips Quinn Rhoad Ross Rudnick Scott Shirley Snow Sturkie Townsend Tucker Vaughn Whipper White Wilder Williams, D. Williams, J. Wofford Wright Young, R.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. J.C. JOHNSON proposed the following Amendment No. 6, which was ruled out of order.
Amend to read as follows:
12.3 A member of the House, a candidate for the House, any committee working on behalf of a candidate for the House, or any duly organized group or political party receiving or soliciting funds for the support of a political candidate or candidates for the House may not accept a contribution:
(1) of currency of the United States or currency of a foreign country from a contributor which, in the aggregate from the contributor, exceeds fifty dollars in any calendar year.
(2) from a registered lobbyist or lobbyist's employer in an amount to exceed two hundred fifty dollars in any calendar year.
Rep. J.C. JOHNSON explained the amendment.
Rep. McTEER raised the Point of Order that Amendment No. 6 was out of order as it was a change to the Rules and would have to be done by written resolution and have to go to the Rules Committee.
The SPEAKER stated that it was an amendment to the Rules Resolution and he overruled the Point of Order.
Rep. McTEER further raised the Point of Order that Amendment No. 6 was out of order as it was not germane.
Rep. J.C. JOHNSON argued contra the Point.
The SPEAKER stated that the Resolution amended Rule 12.4 and the Amendment amended Rule 12.3 and he sustained the Point of Order and ruled the Amendment out of order.
The question then recurred to the adoption of the Resolution, as amended, which was agreed to.
The motion period was dispensed with on motion of Rep. L. MARTIN.
Rep. CARNELL moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3285 -- Reps. Rama, Sheheen, Corbett, Quinn, Keegan, Jaskwhich, Cromer and Barber: A CONCURRENT RESOLUTION TO COMMEND THE CATHOLIC SCHOOLS OF SOUTH CAROLINA AND THE UNITED STATES ON THE OCCASION OF NATIONAL APPRECIATION DAY FOR CATHOLIC SCHOOLS TO BE HELD ON WEDNESDAY, JANUARY 30, 1991.
H. 3286 -- Reps. G. Brown and Baxley: A CONCURRENT RESOLUTION TO CONGRATULATE MR. CALVIN JOYNER OF LEE COUNTY ON THE OCCASION OF HIS RETIREMENT FROM COUNTY OFFICE.
At 3:15 P.M. the House in accordance with the motion of Rep. CORBETT adjourned in memory of Mr. Robert Floyd of Horry County, to meet at 10:00 A.M. tomorrow.
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