Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Gracious God and Father, we come apart in these moments of prayer to acknowledge our dependence upon You and to seek Your guidance that all we do would begin, continue and end according to Your plans. Use us to heal the hurts of Your people, to eradicate the differences which divide humankind and lead us in scattering seeds of honor and goodwill in the garden of human living that produce plentiful fruits in our own lives and in the lives of others. May our conduct be such that our consciences will be void of offense and that we may possess the royalty of inward contentment as more valuable than all preferences, pedestals and prizes that the world may offer.
To You, good Lord, we give our praise and thankfulness. 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 were received.
February 23, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 805)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 23, 1987 regulations concerning Burglar Alarm System Business Licenses from the State of South Carolina Licensing Board for Contractors.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Robert J. Sheheen
February 24, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 813)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 23, 1987 regulations concerning the Medically Indigent Assistance Fund (MIAF) from the State of S.C. State Health and Human Services Finance Commission.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
February 24, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 822)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 24, 1987 regulations concerning Requirements for Limited License of Interns, Residents and Physicians from the State Board of Medical Examiners of S.C.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
February 23, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 792)
Dear Lois:
The South Carolina State Board of Cosmetology is hereby withdrawing and simultaneously resubmitting regulations concerning Continuing Education Requirements, effective February 20, 1987. These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.
Sincerely,
Robert J. Sheheen
Received as information.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 2027 -- Reps. J. Bradley, Boan and P. Bradley: A BILL TO CREATE A HEALTH INSURANCE POOL TO INCLUDE ALL INSURERS PROVIDING HEALTH INSURANCE AND INSURANCE ARRANGEMENTS FOR HEALTH PLAN BENEFITS, AND TO EXEMPT THE POOL FROM TAXATION, ALLOW A TAX CREDIT FOR ANY ASSESSMENT PAID TO THE POOL BY A MEMBER INSURER, PROVIDE FOR THE CONTINUATION OF COVERAGE UNDER THE GROUP HEALTH PLAN, AND TO REPEAL SECTION 38-35-946 OF THE 1976 CODE RELATING TO MANDATORY CONVERSION OF GROUP HEALTH POLICY.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 2327 -- Rep. Ferguson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-9-375 SO AS TO REQUIRE INSURANCE COMPANIES SELLING POLICIES OF INDUSTRIAL LIFE INSURANCE TO NOTIFY POLICYHOLDERS BY CERTIFIED MAIL WHEN TOTAL PREMIUMS PAID EQUAL THE FACE VALUE OF THE POLICY.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 2448 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 34-3-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLISHING BY BANKING INSTITUTIONS CALLED FOR BY THE STATE BOARD OF BANK CONTROL, SO AS TO REQUIRE THE STATEMENT TO BE PUBLISHED WHERE THE BANKING INSTITUTION WAS ESTABLISHED INSTEAD OF WHERE LOCATED.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 2449 -- Rep. T.M. Burriss: A BILL TO AMEND CHAPTER 29 OF TITLE 21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRUSTEES, BY ADDING SECTION 21-29-90 SO AS TO DEFINE AN "AFFILIATED TRUST COMPANY", AUTHORIZE ANY BANK TO DESIGNATE AN AFFILIATED TRUST COMPANY AS ITS AGENT FOR THE PERFORMANCE OF ALL ACTS, OBLIGATIONS, AND RESPONSIBILITIES OF THE BANK WITH RESPECT TO ANY FIDUCIARY OR OTHER CAPACITY, AND PROVIDE THAT THE BANK IS FULLY RESPONSIBLE AND LIABLE FOR ALL ACTIONS OF THE TRUST COMPANY AND TO PROHIBIT CERTAIN ACTS IN THE AGENCY RELATIONSHIP.
Ordered for consideration tomorrow
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 2451 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 34-3-850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF BANKS AND TRUST COMPANIES TO CONSOLIDATE OR MERGE AND PROVIDE FOR THE SALE OF THE ASSETS TO ANOTHER BANK OR TRUST COMPANY, SO AS TO PROVIDE FOR TRANSFERS WITHOUT CONSIDERATION OF TRUST COMPANY ASSETS AND BUSINESS TO AND FROM A RELATED BANK.
Ordered for consideration tomorrow.
The following was introduced:
H. 2529 -- Rep. McEachin: A CONCURRENT RESOLUTION TO REQUEST THE APPROPRIATE OFFICIALS OF ALL STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING AND TECHNICAL SCHOOLS TO REDUCE TO THE EXTENT POSSIBLE THE TURNOVER OF TEXTBOOKS USED IN SPECIFIC COURSES OF STUDY.
The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.
The following was introduced:
H. 2530 -- Rep. Edwards: A CONCURRENT RESOLUTION CONGRATULATING MISS ANNE HERBERT OF SPARTANBURG COUNTY UPON THE OCCASION OF HER NINETIETH BIRTHDAY AND COMMENDING HER FOR HER INDOMITABLE SPIRIT OF FAITH, OPTIMISM, AND LOVE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2538 -- Charleston County Legislative Delegation: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF JASPER T. HIERS, III, CHARLESTON INSURANCE EXECUTIVE AND LAWYER, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 2531 -- Rep. McEachin: A BILL TO REPEAL CHAPTER 52, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND DRUG ABUSE COMMITMENTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 2532 -- Reps. Altman, Snow, Pearce and Thrailkill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-715 SO AS TO PROVIDE THAT ANY PERSON CONVICTED OF VIOLATING STATUTES RELATING TO SHELLFISH SHALL HAVE HIS PERMIT FOR SHELLFISH CULTURE REVOKED, AND IT MUST NOT BE RENEWED FOR FIVE YEARS.
Referred to Committee on Agriculture and Natural Resources.
H. 2533 -- Rep. Blackwell: A BILL TO AMEND SECTION 24-21-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GUIDELINES FOR DETERMINING ELIGIBILITY FOR PARDON CONSIDERATION, SO AS TO ADD A GUIDELINE WHICH WOULD AUTHORIZE THE VICTIM OF A CRIME OR ANY MEMBER OF THE CONVICTED PERSON'S FAMILY LIVING WITHIN THE STATE TO PETITION FOR A PARDON FOR ANY PERSON WHO IS NO LONGER AN INMATE OR A PROBATIONER.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 2534 -- Reps. Rice, Cooper, Mattos, Blackwell, L. Phillips, M.O. Alexander, Shelton, Fair and Petty: A BILL TO AMEND SECTION 12-39-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING AND ENDORSEMENT OF SALES OR CONVEYANCES OF REAL PROPERTY BY THE COUNTY AUDITOR, SO AS TO REQUIRE THE AUDITOR TO RECORD THE USE OF LAND; AND TO AMEND SECTION 30-5-80, RELATING TO THE ENDORSEMENT BY THE AUDITOR ON DEEDS OF CONVEYANCE OF REAL PROPERTY, SO AS TO REQUIRE THE DEED TO BE ACCOMPANIED BY A STATEMENT, TO PROVIDE FOR THE CONTENTS OF THE STATEMENT, AND TO PROVIDE FOR THE DUTIES OF THE REGISTER OF MESNE CONVEYANCES AND THE CLERK OF COURT RELATIVE TO THE STATEMENT.
Referred to Committee on Judiciary.
H. 2535 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT NOTICE OF ACCIDENT MUST BE GIVEN TO THE EMPLOYER IN WORKERS' COMPENSATION MATTERS, SO AS TO PROVIDE THAT ANY WAIVER OF THE NOTICE REQUIREMENT BY THE WORKERS' COMPENSATION COMMISSION MUST BE DOCUMENTED IN THE CASE FILE, TO REQUIRE RECORDATION OF THE NECESSARY AND SALIENT FACTS JUSTIFYING THE WAIVER OF NOTICE, TO REQUIRE THE WAIVER OF NOTICE TO BE SIGNED BY THE COMMISSIONER APPROVING IT, AND TO REQUIRE THE COMMISSION TO ESTABLISH AND PUBLISH GUIDELINES TO BE FOLLOWED IN THE CONSIDERATION OF WHETHER OR NOT TO WAIVE THE NOTICE REQUIREMENT.
Without reference.
H. 2536 -- Labor, Commerce and Industry Committee: A BILL TO PROHIBIT ANY ATTEMPT BY A PHYSICIAN OR OTHER PERSON CHARGED WITH RATING PHYSICAL IMPAIRMENTS UNDER THE WORKERS' COMPENSATION LAW (TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976) TO DEVISE OR DETERMINE, OR TO SUBSTITUTE FOR THE IMPAIRMENT RATING, A DISABILITY RATING; AND TO REQUIRE PHYSICAL IMPAIRMENT RATINGS TO FOLLOW AND BE IN ACCORDANCE WITH SOME COMPETENT AND RECOGNIZED STANDARD OR GUIDE FOR THE RATING OF IMPAIRMENTS AS PRESCRIBED BY THE WORKERS' COMPENSATION COMMISSION.
Without reference.
H. 2537 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON WORKERS' COMPENSATION WHEN INJURY OR DEATH IS CAUSED BY THE INTOXICATION OR THE WILFULNESS OF THE EMPLOYEE, SO AS TO PROVIDE THAT THE BURDEN OF PROOF IS UPON THE EMPLOYER TO DEMONSTRATE THAT THE EMPLOYEE WAS INTOXICATED OR WILFULLY INTENDED TO INJURE OR KILL HIMSELF OR ANOTHER, AND PROVIDE THAT, WITH RESPECT TO INTOXICATION, AN INJURED EMPLOYEE MAY RECOVER IF HE CAN DEMONSTRATE THAT HIS INTOXICATION WAS NOT A FACTOR IN CAUSING THE ACCIDENT OR INJURY; AND TO AMEND SECTION 42-9-80, RELATING TO BURDEN OF PROOF UNDER CERTAIN CODE SECTIONS CONCERNING WORKERS' COMPENSATION, SO AS TO DELETE THE REFERENCE TO SECTION 42-9-60.
Without reference.
S. 100 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 56-5-2945, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OFFENSE OF CAUSING BODILY INJURY OR DEATH WHILE DRIVING A VEHICLE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO PROVIDE A MANDATORY THREE-YEAR DRIVER'S LICENSE SUSPENSION OF A PERSON CONVICTED OF THE OFFENSE.
Referred to Committee on Judiciary.
S. 102 -- Senators J. Verne Smith, McLeod, Setzler, E. Patterson, Lourie, Theodore and Nell W. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-375 SO AS TO PROVIDE THAT THE POSSESSION OF LESS THAN ONE GRAM OF CRACK COCAINE IS A MISDEMEANOR AND PROVIDE PENALTIES UPON CONVICTION, TO PROVIDE THAT A SECOND AND SUBSEQUENT CONVICTION OF THIS OFFENSE IS A FELONY, TO PROVIDE THAT THE MANUFACTURE, DISTRIBUTION, DISPENSATION, OR THE POSSESSION WITH INTENT TO DISTRIBUTE OR DISPENSE CRACK COCAINE IS GUILTY OF A FELONY AND PROVIDE PENALTIES UPON CONVICTION, TO PROVIDE THAT THE POSSESSION OF ONE OR MORE GRAMS OF CRACK COCAINE IS PRIMA FACIE EVIDENCE OF A VIOLATION OF THIS FELONY, TO PROVIDE THAT SENTENCES FOR VIOLATION OF THE PROVISIONS OF SECTION 44-53-375 MAY NOT BE SUSPENDED AND PROBATION MAY NOT BE GRANTED EXCEPT FOR A FIRST OFFENSE; TO AMEND SECTION 44-53-110, RELATING TO DEFINITIONS OF NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO DEFINE "CRACK COCAINE"; TO AMEND SECTION 44-53-440, RELATING TO THE FELONY OF DISTRIBUTING A CONTROLLED SUBSTANCE CLASSIFIED IN SECTION 44-53-190(b)(c) (SCHEDULE 1) WHICH IS A NARCOTIC DRUG OR LYSERGIC ACID DIETHYLAMIDE (LSD) AND IN SECTION 44-53-210 (SCHEDULE II) WHICH IS A NARCOTIC DRUG TO A PERSON UNDER THE AGE OF EIGHTEEN, SO AS TO MAKE IT A SEPARATE OFFENSE FOR VIOLATIONS OF THIS SECTION AND INCLUDE IN IT A VIOLATION OF SECTION 44-53-375(B); TO AMEND SECTION 44-53-445, RELATING TO THE CRIME OF DISTRIBUTING, SELLING, OR MANUFACTURING, OR UNLAWFULLY POSSESSING WITH INTENT TO DISTRIBUTE A CONTROLLED SUBSTANCE WHILE WITHIN A RADIUS OF ONE-HALF MILE OF THE GROUNDS OF AN ELEMENTARY, MIDDLE, OR SECONDARY SCHOOL, SO AS TO PROVIDE A SEPARATE PENALTY UPON CONVICTION WHEN A VIOLATION OF THIS SECTION INVOLVES CRACK COCAINE; TO ADD THE FELONIES ESTABLISHED BY THE PROVISIONS OF SECTION 44-53-375 TO THE LIST OF FELONIES IN SECTION 16-1-10 WITH THE EXCEPTION OF THE CONVICTION OF THE FIRST OFFENSE POSSESSION OF LESS THAN ONE GRAM OF CRACK COCAINE; AND TO REPEAL SECTION 44-53-510 RELATING TO THE REQUIREMENT THAT ALL ARRESTS FOR DRUG AND NARCOTIC VIOLATIONS BE REPORTED TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION AND THE COMMISSION ON ALCOHOL AND DRUG ABUSE.
Referred to Committee on Judiciary.
S. 275 -- Senator Drummond: A BILL TO AMEND SECTION 50-9-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BLIND PERSONS, ORPHANS, AND BOY AND GIRL SCOUTS BEING EXEMPT FROM HUNTING AND FISHING LICENSE REQUIREMENTS UNDER CERTAIN CONDITIONS, SO AS TO INCLUDE MENTALLY RETARDED PERSONS WITHIN THE PROVISIONS OF THIS SECTION.
Referred to Committee on Agriculture and Natural Resources.
S. 319 -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 IN TITLE 12, SO AS TO ENACT THE SOUTH CAROLINA ESTATE TAX ACT APPLICABLE TO DECEDENTS DYING AFTER JUNE 30, 1991; TO AMEND SECTIONS 12-15-61, 12-15-251, and 12-15-550, RELATING TO AMOUNTS SPECIFICALLY EXEMPT FROM THE SOUTH CAROLINA ESTATE TAX, SO AS TO INCREASE THE EXEMPTION IN PHASES UNTIL THE EFFECTIVE DATE OF THE SOUTH CAROLINA ESTATE TAX ACT; TO AMEND SECTION 12-49-70 RELATING TO THE PERIOD AFTER WHICH TAXES ARE PRESUMED TO BE PAID, SO AS TO EXEMPT THE RECAPTURE ESTATE TAX FROM THE PRESUMPTION; TO AMEND SECTION 12-54-70, RELATING TO ENFORCEMENT AND COLLECTION OF TAXES, SO AS TO CORRECT A CROSS-REFERENCE; TO AMEND SECTION 2-801 OF THE SOUTH CAROLINA PROBATE CODE, RELATING TO DISCLAIMERS, SO AS TO CORRECT A CROSS-REFERENCE; TO REPEAL CHAPTER 15 OF TITLE 12, RELATING TO THE ESTATE TAX, FOR DECEDENTS DYING AFTER JUNE 30, 1991; TO REPEAL CHAPTER 17 OF TITLE 12, RELATING TO THE GIFT TAX, EFFECTIVE FOR GIFTS MADE AFTER DECEMBER 31, 1991; AND TO REPEAL SECTIONS 12-15-1540 AND 12-15-1550, RELATING TO THE ESTATE TAX, EFFECTIVE JULY 1, 1987.
Referred to Committee on Ways and Means.
S. 330 -- Senator Dennis: A BILL TO AMEND SECTION 50-13-1165, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAPS AND EEL POTS, SO AS TO ALLOW THEM TO BE SUSPENDED ABOVE THE BOTTOM OF THE WATERS WHERE THEY ARE USED AT A DEPTH WHICH DOES NOT CREATE A HAZARD TO WATERCRAFT.
Referred to Committee on Agriculture and Natural Resources.
S. 392 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-56 SO AS TO DESIGNATE SPOTTED SEA TROUT AND RED DRUM AS GAME FISH, TO REGULATE THEIR TAKING AND SALE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture and Natural Resources.
S. 402 -- Banking and Insurance Committee: A BILL TO PROVIDE A MEANS FOR THE CONTINUATION OF A CERTIFICATE OF AUTHORITY AND OTHER APPROVALS PERTAINING TO ANY FOREIGN INSURER WHICH TRANSFERS ITS CORPORATE DOMICILE TO THIS OR ANY OTHER STATE BY MERGER OR CONSOLIDATION OR ANY OTHER LAWFUL METHOD; AND TO AMEND SECTION 38-5-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR THE ISSUANCE OF A CERTIFICATE OF AUTHORITY TO A DOMESTIC INSURER, SO AS TO REQUIRE DOMESTIC INSURERS TO MAINTAIN THEIR PRINCIPAL PLACE OF BUSINESS AND EXECUTIVE, ADMINISTRATIVE, AND HOME OFFICES IN SOUTH CAROLINA.
On motion of Rep. DANGERFIELD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was 3 taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Barfield Baxley Blackwell Blanding Boan Bradley, P. Brown, H. Brown, J. Brown, R. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Elliott Evatt Faber Fair Felder Ferguson Foster Foxworth Gilbert Gordon Harris, J. Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Kay Kirsh Klapman Limehouse Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Phillips, L. Phillips, O. Rhoad Rice Rogers, T. Rudnick Sheheen Simpson Snow Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper Wilkins Williams Winstead
I came in after the roll call and was present for the Session on February 25, 1987.
Jack Gregory Lenoir Sturkie Joe Wilder Joseph T. Petty L. Edward Bennett Dell Baker Robert A. Kohn David O. Hawkins Gene Stoddard John H. Burriss Larry Koon William H. Jones Charles R. Sharpe David Beasley Juanita M. White T.W. Edwards Mickey Burriss E. Crosby Lewis James E. Lockemy Larry Gentry Grady Brown
LEAVES OF ABSENCE
The SPEAKER granted Reps. AYDLETTE and SHORT a temporary leave of absence.
I was not present during the Session but arrived in time to attend the Committee meetings on February 25, 1987.
Paul Short D.L. Aydlette
John R. Russell
Reps. T.M. BURRISS and CORNING signed a statement with the Clerk that they came in after the roll call and were present for the Session on Thursday, February 19, 1987.
Reps. FOSTER and LEWIS signed a statement with the Clerk that they came in after the roll call and were present for the Session on Tuesday, February 24, 1987.
Announcement was made that George E. Malanos of Charleston is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 2118 -- Rep. Kirsh: A BILL TO AMEND CHAPTER 7 OF TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL STRUCTURE, ORGANIZATION, POWERS, DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF MUNICIPALITIES, BY ADDING SECTION 5-7-300 SO AS TO PROVIDE FOR THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAXES BY MUNICIPALITIES.
H. 2473 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEST SECURITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 694, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 2176 -- Rep. Lockemy: A BILL TO REQUIRE A HEALTH CARE PROVIDER TO PROVIDE TO AN INDIVIDUAL, UPON REQUEST, A COPY OF ANY REPORT CONCERNING THE INDIVIDUAL'S HEALTH OR MEDICAL HISTORY WHICH WAS FURNISHED TO A THIRD PERSON; AND TO PROVIDE FOR CHARGING A FEE FOR THE COPY.
H. 2481 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTION 44-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HOSPITAL CONSTRUCTION AND FRANCHISING ACT, SO AS TO EXEMPT HOSPITALS AND INFIRMARIES MAINTAINED BY THE DEPARTMENT OF CORRECTIONS FROM THE PROVISIONS OF THE ACT.
H. 2516 -- Reps. McAbee and McLellan: A JOINT RESOLUTION TO PROVIDE FOR PURCHASE BY THE DIVISION OF GENERAL SERVICES OF THE BUDGET AND CONTROL BOARD THROUGH THE INSURANCE RESERVE FUND AND THE STATE TREASURER OF A LIMITED AMOUNT OF NOTES OF THE CLARK'S HILL-RUSSELL AUTHORITY FOR CERTAIN PURPOSES.
The following Bill was taken up.
H. 2200 -- Rep. Blackwell: A BILL TO AMEND SECTION 59-39-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY DRIVING EDUCATION AND TRAINING PROGRAMS BY SCHOOL DISTRICTS, SO AS TO MAKE IT PERMISSORY INSTEAD OF MANDATORY; AND TO AMEND ARTICLE 3, CHAPTER 39, TITLE 59, RELATING TO MANDATORY DRIVING EDUCATION AND TRAINING, BY ADDING SECTION 59-39-350 SO AS TO AUTHORIZE THE GOVERNING BODY OF ANY SCHOOL DISTRICT TO CHARGE A UNIFORM FEE FOR THOSE STUDENTS WHO ELECT TO TAKE DRIVER EDUCATION AND TRAINING PROGRAMS.
Rep. HEARN objected to the Bill.
Rep. TOWNSEND explained the Bill.
Reps. KLAPMAN, CORNING and CORK objected to the Bill.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. KIRSH having been recognized.
H. 2064 -- Rep. Kirsh: A BILL TO AMEND SECTION 57-1-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR ALL EXPENSES PAID BY THE DEPARTMENT TO IMPLEMENT THE DEDICATION OF A ROAD OR BRIDGE, SO AS TO AUTHORIZE THE DEPARTMENT TO BE REIMBURSED FOR ALL EXPENSES TO IMPLEMENT THE DEDICATION FROM FUNDS ALLOCATED UNDER THE PROVISIONS OF SECTION 12-27-400 INSTEAD OF SECTION 12-27-380.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, February 24, 1987, by the Committee on Ways and Means.
Rep. KIRSH explained the amendment and moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
H. 2011 -- Reps. Ferguson and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-665 SO AS TO ESTABLISH AN ANNUAL REGISTRATION AND LICENSE FEE OF TEN DOLLARS FOR PERSONS WHO ARE SIXTY-FIVE YEARS OF AGE OR OLDER FOR ONE PERSONAL TRUCK UNDER EIGHT THOUSAND POUNDS GROSS WEIGHT AND AN EMPTY WEIGHT OF FIVE THOUSAND POUNDS OR LESS.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, February 17, 1987, by the Committee on Education and Public Works.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. FERGUSON asked unanimous consent that H. 2011 be read a third time tomorrow.
Rep. KLAPMAN objected.
The following Bill was taken up.
H. 2334 -- Reps. Gregory and McTeer: A BILL TO ALTER THE COUNTY LINES OF CHARLESTON AND COLLETON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO COLLETON COUNTY, TO MAKE PROVISIONS FOR LEGAL RECORDS, AND TO PROVIDE THAT COLLETON COUNTY SHALL ASSUME THIRTY-NINE THOUSAND NINE HUNDRED FIFTY-FIVE DOLLARS OF THE INDEBTEDNESS OF CHARLESTON COUNTY TRANSFERRED PURSUANT TO THIS ACT.
Rep. WINSTEAD moved to adjourn debate upon the Bill.
Rep. GREGORY moved to table the motion.
Rep. WINSTEAD objected to the Bill.
Rep. McTEER raised the Point of Order that the motion to adjourn debate on the Bill (H.2334) was out of order as it violated Code Section 4-5-220. He further stated that the same Point had been overruled on February 18, 1987, and it was his understanding that the Point had been overruled on the basis that the election returns had not been submitted to the General Assembly. He then stated that the election returns were now in possession of the General Assembly.
The SPEAKER stated that the Code Section stated that the transfer must be approved by the General Assembly 'as soon as practicable', and that such phrase allows the General Assembly to be guided by its own Rule~ and procedures concerning allowable motions, and he would therefore overrule the Point of Order.
The question then recurred to the motion to table the motion to adjourn debate, which was agreed to.
Reps. DANGERFIELD, FOXWORTH and MAPPUS objected to the Bill.
Rep. RUDNICK inquired whether the House was not changing the Constitution by altering county lines, and if so, whether it would require a two-thirds vote of each House in order to pass the Bill.
The SPEAKER replied that statutory law governed the alteration of county lines, the Bill was not changing the Constitution, and the passage of the Bill only required a simple majority vote.
Rep. TOAL moved to adjourn debate upon the following Bill until Thursday, March 5, 1987, which was adopted.
H. 2196 -- Reps. J. Bradley, Holt and D. Martin: A BILL TO AMEND SECTION 6-11-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF HISTORICAL OR RECREATIONAL DISTRICTS FROM THE PROVISIONS OF ARTICLE 3 OF CHAPTER 11 OF TITLE 6 CONCERNING THE ALTERATION OF BOUNDARIES AND THE ISSUANCE OF GENERAL OBLIGATION BONDS OF SPECIAL PURPOSE DISTRICTS, SO AS TO DELETE RECREATIONAL DISTRICTS FROM THE EXEMPTION.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 2472 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PROMOTION POLICY, DESIGNATED AS REGULATION DOCUMENT NUMBER 724, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 2103 -- Reps. P. Harris, J. Harris, Helmly and P. Bradley: A BILL TO AMEND SECTIONS 44-52-20, 44-52-70, AND 44-52-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND DRUG ABUSE COMMITMENT, SO AS TO PROVIDE THAT PERSONS WHO APPEAR TO BE CHEMICALLY DEPENDENT MAY SEEK VOLUNTARY ADMISSION TO A TREATMENT FACILITY, TO PROVIDE THAT A PETITION FOR INVOLUNTARY COMMITMENT MAY BE FILED IN THE COUNTY WHERE THE PERSON TO BE COMMITTED IS PRESENT, AND TO PROVIDE THAT THE COURT MAY ORDER INVOLUNTARY COMMITMENT TO THE DIVISION OF ALCOHOL AND DRUG ADDICTION SERVICES OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH OR ANY OTHER LICENSED TREATMENT FACILITY.
Rep. P. HARRIS explained the Bill.
Rep. DANGERFIELD moved to adjourn debate upon the following Bill, which was adopted.
H. 2017 -- Reps. J. Bradley, Boan and P. Bradley: A BILL TO PROVIDE A MEANS FOR THE CONTINUATION OF A CERTIFICATE OF AUTHORITY AND OTHER APPROVALS PERTAINING TO ANY FOREIGN INSURER WHICH TRANSFERS ITS CORPORATE DOMICILE TO THIS OR ANY OTHER STATE BY MERGER OR CONSOLIDATION OR ANY OTHER LAWFUL METHOD; AND TO AMEND SECTION 38-5-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR THE ISSUANCE OF A CERTIFICATE OF AUTHORITY TO A DOMESTIC INSURER, SO AS TO REQUIRE DOMESTIC INSURERS TO MAINTAIN THEIR PRINCIPAL PLACE OF BUSINESS AND EXECUTIVE, ADMINISTRATIVE, AND HOME OFFICES IN SOUTH CAROLINA.
The following Bill was taken up.
H. 2130 -- Reps. Hayes, Fair and Hearn: A BILL TO AMEND CHAPTER 3 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ENTER INTO THE DRIVER LICENSE COMPACT.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 2076Y), which was adopted.
Amend the bill, as and if amended, by striking line one of the first paragraph of SECTION 1 and inserting:
/SECTION 1. Chapter 1 of Title 56 of the 1976/
When amended the first paragraph shall read:
/SECTION 1. Chapter 1 of Title 56 of the 1976 Code is amended by adding:/
Amend further, page 3, by striking line 6 of item (1) of Section 56-1-650 and inserting:
/to Article 2, Chapter 1, Title 56 as it would if/.
When amended item (1) of Section 56-1-650 shall read:
/(1) The licensing authority in the home state, for the purposes of suspension, revocation, or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported pursuant to Article 2, Chapter 1, Title 56 as it would if the conduct had occurred in the home state, in the case of convictions for:/.
Amend further, page 3, by striking line 2 of item (2) of Section 56-1-650 and inserting:
/to Article 2, Chapter 1, Title 56, the licensing/
When amended item (2) of Section 56-1-650 shall read:
/(2) As to other convictions, reported pursuant to Article 2, Chapter 1, Title 56, the licensing authority in the home state shall give such effect to the conduct as is provided by the laws of the home state./
Renumber sections to conform.
Amend totals and title to conform.
Rep. ALTMAN explained the amendment.
The amendment was then adopted.
Reps. ALTMAN and HAYES explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 2514 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HOME INSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 739, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. L. PHILLIPS moved to commit the Resolution to the Committee on Education and Public Works, which was agreed to.
The following Bill was taken up.
H. 2085 -- Reps. J. Rogers, J. Harris, Beasley, R. Brown, McElveen, Limehouse, Neilson, J. Brown, Hayes, J.H. Burriss, McGinnis, Winstead, Davenport, Keyserling, Wells, J. Bradley, Day, Shelton, Nettles, T. Rogers, Russell, Sharpe, Wilder and McBride: A BILL TO AMEND SECTIONS 12-21-2590, 12-21-2600, AND 12-21-2620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO BINGO LICENSE FEES, ADMISSIONS TAXES, AND THE DISPOSITION OF THE REVENUE THEREFROM, SO AS TO INCREASE THE FEES AND APPLICABLE ADMISSION TAXES FOR CLASS "A" AND "B" LICENSES AND TO PROVIDE THAT ONE-HALF OF THE REVENUES DERIVED MUST BE DEPOSITED IN A SEPARATE PARKS AND RECREATION DEVELOPMENT FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 52-17-70 SO AS TO REQUIRE ANY PERSON LICENSED TO CONDUCT THE GAME OF BINGO TO FILE MONTHLY REPORTS WITH THE SECRETARY OF STATE, TO PROHIBIT THE LICENSING OF MANAGEMENT COMPANIES, AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 23 TO TITLE 51 SO AS TO PROVIDE FOR A NONCOMPETITIVE PROGRAM OF GRANTS FOR LOCAL PARKS AND RECREATION DEVELOPMENT, PROVIDE DEFINITIONS, AND ESTABLISH A DISTRIBUTION FORMULA.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, February 24, 1987, by the Committee on Ways and Means.
Rep. McABEE explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 1, Rep. McABEE having the floor.
Rep. DANGERFIELD withdrew his objection to H. 2334 however, other objections remained upon the Bill.
Rep. WINSTEAD, with unanimous consent, withdrew his objection to H. 2334.
Rep. GREGORY asked unanimous consent to take up H. 2334 for immediate consideration.
Rep. FOXWORTH objected.
Rep. J. ARTHUR moved that the House recur to the morning hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 2539 -- Reps. Evatt, Cooper, Blackwell, Kay, Townsend, Snow, Shelton, Helmly, Taylor and Foster: A BILL TO AMEND SECTIONS 44-7-110 THROUGH 44-7-340, RELATING TO THE STATE HOSPITAL CONSTRUCTION AND FRANCHISING ACT, SO AS TO CHANGE THE CITATION OF THE ARTICLE TO THE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, PROVIDE FOR A STATE MEDICAL FACILITIES PLAN, PROVIDE FOR THE CONSOLIDATION OF LICENSING REQUIREMENTS FOR HEALTH FACILITIES INCLUDING HOSPITALS, PSYCHIATRIC HOSPITALS, SKILLED NURSING CARE, INTERMEDIATE CARE, AMBULATORY SURGICAL, CHIROPRACTIC INPATIENT, COMMUNITY RESIDENTIAL CARE, AND ADULT DAY-CARE FACILITIES, FACILITIES FOR CHEMICALLY DEPENDENT OR ADDICTED PERSONS, END-STAGE RENAL DISEASE UNITS, TO PROVIDE PENALTIES, AND TO REPEAL ARTICLES 4 AND 6, CHAPTER 7, TITLE 44 AND CHAPTER 65 OF TITLE 44 RELATING TO LICENSING, REGULATION, AND INSPECTION OF COMMUNITY RESIDENTIAL FACILITIES AND OUTPATIENT FACILITIES FOR CHEMICALLY DEPENDENT OR ADDICTED PERSONS AND DAY-CARE FACILITIES FOR ADULTS AND SECTIONS 44-7-350 THROUGH 44-7-460 RELATING TO REQUIREMENTS FOR LICENSING, GROUNDS FOR SUSPENSION AND REVOCATION OF LICENSE, AND FOR ADMINISTRATIVE REVIEW AND PENALTIES UNDER THE STATE HOSPITAL CONSTRUCTION AND FRANCHISING ACT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 2540 -- Reps. J.C. Johnson, Kay, Townsend, Carnell, McAbee and Cooper: A BILL TO REPEAL SECTION 61-9-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, WHICH PROVIDES THAT IF A PERSON IS CHARGED WITH UNLAWFULLY SELLING BEER OR WINE TO A MINOR, THE MINOR ALSO MUST BE CHARGED WITH THE UNLAWFUL PURCHASE OR POSSESSION OF BEER OR WINE.
Referred to Committee on Judiciary.
H. 2541 -- Reps. J.C. Johnson, McAbee, Townsend, Tucker, Kay, Carnell, Toal and Cooper: A BILL TO AMEND SECTION 16-13-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN CERTAIN RENTED OBJECTS CONSTITUTING LARCENY, SO AS TO PROVIDE THAT A FIRST OFFENSE VIOLATION OF THIS SECTION INVOLVING VIDEO OR CASSETTE TAPES WHERE THE DOLLAR AMOUNT OF THE RENTAL CONTRACT IS TWO HUNDRED DOLLARS OR LESS IS CONSIDERED PETIT LARCENY AND TRIABLE AND PUNISHABLE AS SUCH.
Referred to Committee on Judiciary.
H. 2542 -- Rep. Toal: A BILL TO AMEND SECTION 16-3-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME VICTIM'S COMPENSATION FUND, SO AS TO PROVIDE THAT THE EXPENSES OF ADMINISTERING THIS FUND, THE VICTIM/WITNESS ASSISTANCE PROGRAM, AND THE VICTIMS AND WITNESSES' BILL OF RIGHTS MUST BE PROVIDED BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
Referred to Committee on Ways and Means.
H. 2543 -- Rep. Toal: A BILL TO AMEND SECTION 42-7-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RATES AND PREMIUMS PAID BY EMPLOYERS AND DEPOSITED IN THE STATE WORKERS' COMPENSATION FUND, SO AS TO PROVIDE THAT ALL INTEREST EARNED AFTER JULY 1, 1987, ON THESE DEPOSITS MUST BE CREDITED TO THE FUND, THAT INTEREST EARNED ON DEPOSITS IN THE FUND FROM JULY 1, 1974, TO JUNE 30, 1987, MUST BE RECREDITED TO THE FUND, AND TO PROVIDE FOR THE METHOD FOR FUNDING THIS RECREDIT.
Referred to Committee on Ways and Means.
H. 2544 -- Rep. Toal: A BILL TO AMEND SECTIONS 24-23-210 AND 24-23-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNDING COMMUNITY CORRECTIONS PROGRAMS AND THE VICTIM'S COMPENSATION FUND BY ADDITIONAL ASSESSMENTS TO FINES FOR CERTAIN CRIMINAL OFFENSES, SO AS TO INCREASE THE AMOUNT OF THESE ASSESSMENTS, AND PROVIDE THAT THEY MUST BE DEPOSITED ONLY IN THE VICTIM'S COMPENSATION FUND.
Referred to Committee on Ways and Means.
H. 2545 -- Reps. Sharpe and Jones: A BILL TO AMEND ARTICLE 3, CHAPTER 43, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIRE AND MARINE INSURANCE RATES BY ADDING SECTION 38-43-350 SO AS TO PROVIDE THAT FOR PURPOSES OF FIRE INSURANCE RATES, THE FACT THAT THE OWNER OF A BUILDING OR STRUCTURE IN AN AREA NOT OTHERWISE SERVICED BY A FIRE DEPARTMENT OF A POLITICAL SUBDIVISION OF THIS STATE SUBSCRIBES THROUGH THE PAYMENT OF DUES TO A VOLUNTEER FIRE DEPARTMENT MUST BE CONSIDERED IN SETTING THE RATES FOR THAT AREA IN THE MANNER THE CHIEF INSURANCE COMMISSIONER PRESCRIBES.
Referred to Committee on Labor, Commerce and Industry.
Rep. KIRSH moved to adjourn debate upon the following Bill, which was adopted.
H. 2064 -- Rep. Kirsh: A BILL TO AMEND SECTION 57-1-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR ALL EXPENSES PAID BY THE DEPARTMENT TO IMPLEMENT THE DEDICATION OF A ROAD OR BRIDGE, SO AS TO AUTHORIZE THE DEPARTMENT TO BE REIMBURSED FOR ALL EXPENSES TO IMPLEMENT THE DEDICATION FROM FUNDS ALLOCATED UNDER THE PROVISIONS OF SECTION 12-27-400 INSTEAD OF SECTION 12-27-380.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 2334 -- Reps. Gregory and McTeer: A BILL TO ALTER THE COUNTY LINES OF CHARLESTON AND COLLETON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO COLLETON COUNTY, TO MAKE PROVISIONS FOR LEGAL RECORDS, AND TO PROVIDE THAT COLLETON COUNTY SHALL ASSUME THIRTY-NINE THOUSAND NINE HUNDRED FIFTY-FIVE DOLLARS OF THE INDEBTEDNESS OF CHARLESTON COUNTY TRANSFERRED PURSUANT TO THIS ACT.
Rep. GREGORY asked unanimous consent that H. 2334 be read a third time tomorrow.
Rep. KOHN objected.
Rep. DANGERFIELD moved to adjourn debate upon the following Bill, which was adopted.
H. 2017 -- Reps. J. Bradley, Boan and P. Bradley: A BILL TO PROVIDE A MEANS FOR THE CONTINUATION OF A CERTIFICATE OF AUTHORITY AND OTHER APPROVALS PERTAINING TO ANY FOREIGN INSURER WHICH TRANSFERS ITS CORPORATE DOMICILE TO THIS OR ANY OTHER STATE BY MERGER OR CONSOLIDATION OR ANY OTHER LAWFUL METHOD; AND TO AMEND SECTION 38-5-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR THE ISSUANCE OF A CERTIFICATE OF AUTHORITY TO A DOMESTIC INSURER, SO AS TO REQUIRE DOMESTIC INSURERS TO MAINTAIN THEIR PRINCIPAL PLACE OF BUSINESS AND EXECUTIVE, ADMINISTRATIVE, AND HOME OFFICES IN SOUTH CAROLINA.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. McABEE having the floor.
H. 2085 -- Reps. J. Rogers, J. Harris, Beasley, R. Brown, McElveen, Limehouse, Neilson, J. Brown, Hayes, J.H. Burriss, McGinnis, Winstead, Davenport, Keyserling, Wells, J. Bradley, Day, Shelton, Nettles, T. Rogers, Russell, Sharpe, Wilder and McBride: A BILL TO AMEND SECTIONS 12-21-2590, 12-21-2600, AND 12-21-2620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO BINGO LICENSE FEES, ADMISSIONS TAXES, AND THE DISPOSITION OF THE REVENUE THEREFROM, SO AS TO INCREASE THE FEES AND APPLICABLE ADMISSION TAXES FOR CLASS "A" AND "B" LICENSES AND TO PROVIDE THAT ONE-HALF OF THE REVENUES DERIVED MUST BE DEPOSITED IN A SEPARATE PARKS AND RECREATION DEVELOPMENT FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 52-17-70 SO AS TO REQUIRE ANY PERSON LICENSED TO CONDUCT THE GAME OF BINGO TO FILE MONTHLY REPORTS WITH THE SECRETARY OF STATE, TO PROHIBIT THE LICENSING OF MANAGEMENT COMPANIES, AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 23 TO TITLE 51 SO AS TO PROVIDE FOR A NONCOMPETITIVE PROGRAM OF GRANTS FOR LOCAL PARKS AND RECREATION DEVELOPMENT, PROVIDE DEFINITIONS, AND ESTABLISH A DISTRIBUTION FORMULA.
Rep. FOSTER objected to the Bill.
The following Bill was taken up.
H. 2101 -- Reps. P. Harris, J. Harris and Helmly: A BILL TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION TO MENTAL HEALTH FACILITIES, SO AS TO PROVIDE FOR ADMISSION TO PSYCHIATRIC TREATMENT FACILITIES LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AS WELL AS MENTAL HEALTH FACILITIES APPROVED BY THE DEPARTMENT OF MENTAL HEALTH AND TO MAKE CHANGES IN THE PROCEDURE FOR EMERGENCY ADMISSIONS.
Rep. P. HARRIS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 250 -- Senator Lindsay: A BILL TO AMEND SECTION 31-3-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE GOVERNING COMMISSION OF THE SOUTH CAROLINA STATE HOUSING AUTHORITY, SO AS TO DELETE RESTRICTIONS ON WHOM A MEMBER OF THE GENERAL ASSEMBLY, WHO IS AN EX OFFICIO MEMBER OF THE AUTHORITY, MAY DESIGNATE AS A MEMBER IN HIS STEAD.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Upon the withdrawal of objections by Reps. McTEER and KLAPMAN, the following Bill was taken up.
H. 2221 -- Reps. Wilder and Kirsh: A BILL TO AMEND SECTION 4-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME THAT THE TERMS OF OFFICE OF COUNTY OFFICERS COMMENCE, SO AS TO PROVIDE THAT THE TERMS OF OFFICE OF COUNTY AUDITORS AND COUNTY TREASURERS SHALL COMMENCE ON THE FIRST DAY OF JULY NEXT FOLLOWING THEIR ELECTION.
Rep. McTEER proposed the following Amendment No. 1 (Doc. No. 2388Y), which was tabled.
Amend the bill, as and if amended, in Section 4-11-10 of the 1976 Code, as contained in SECTION 1, page 1, line 29, by striking /,/ and inserting /./ and by striking on lines 30, 31, and 32 /except that the terms of the county auditors and county treasurers shall commence the first day of July next following their election/.
Amend further by striking, page 1, lines 40 through 44, by striking SECTION 2 in its entirety.
Amend further by adding an appropriately numbered section to read:
/SECTION ____. Section 12-45-20 of the 1976 Code is amended to read:
"Section 12-45-20. The county treasurer shall hold office for four years and until his successor is appointed or elected and qualified. His term of office shall commence on the first day Tuesday of July January following his appointment or election. When any treasurer for any reason fails to complete his term of office, his successor shall must be appointed initially for the unexpired portion of the term for which his predecessor was appointed."/
Renumber sections to conform.
Amend title to conform.
Rep. McTEER explained the amendment.
Rep. WILDER moved to table the amendment which was agreed to.
The Bill was read the second time and ordered to third reading
The following was received.
The Committee to Investigate and Plan for Establishing of 40-Day Limitation on Annual Sessions of the General Assembly respectfully submits the following report:
Pursuant to Part I, Section 3, of Act 540, a Committee to Investigate and Plan for Establishing of 40-Day Limitation on Annual Sessions of the General Assembly, hereafter known as Committee, was organized. Three members from each body were appointed by the President of the Senate and the Speaker of the House. The President of the Senate appointed William W. Doar., Jr., Isadore E. Lourie, and Thomas H. Pope. The Speaker of the House appointed D. Malloy McEachin, Harriet Keyserling and James W. Johnson, Jr.
The first meeting of the Committee convened at 2:30 p.m. on October 15, 1986. The Committee elected William W. Doar, Jr., as Chairman and D. Malloy McEachin as Vice Chairman. The Committee agreed to send several committee members to Atlanta to meet with Georgia officials on the length of their legislative session.
The second meeting convened at 2:30 p.m. on December 9, 1986. Members of the Committee who had met with the Georgia officials reported their findings. Mrs. Keyserling suggested that the Committee request that an official of the National Conference of state Legislatures come to Columbia and brief the Committee on session procedures of other states. Chairman Doar directed the members of the Committee to send in their preliminary recommendations for shortening the session.
The Committee convened for the third time at 9 :00 a.m. on January 20, 1987, to hear Rich Jones of the NCSL and to discuss and approve the recommendations previously submitted by committee members. This meeting was attended by Lt. Governor Nick A. Theodore and Speaker Robert J. Sheheen.
The committee met for the fourth time at 9:30 a.m. on February 17, 1987. The following recommendations were approved by the committee.
Rules Changes
1. The committee recommends that each body adopt joint rules and as part thereof adopt a rule which will require standing committees to meet at least three times during the interim to consider legislation that has been prefiled and referred to each committee, unless a chairman considers it unnecessary to meet due to lack of referred legislation. The committee further recommends that a rule be adopted within joint rules that will establish a steering committee of each house's leadership which will confer monthly during the session to schedule legislation, determine its priority, and expedite its movement.
2. The Committee recommends that both the Senate and the House adopt the rule that any floor amendments to the Appropriations Bill be revenue neutral, that is to say that expenditures balance against revenues.
3. In addition, the Committee agreed there would have to be a rule to require the Ways and Means Committee to have the budget bill on House members' desks no later than seven calendar days after the opening of the session.
Statutory Changes
1. The Committee recommends that there be only one revenue forecast, to be given on October 15, which can only be adjusted downward.
2. The Committee recommends that the Senate Finance Committee and House Ways and Means Committee initiate the budget process by holding joint budget hearings to begin the budget process. Editor's Note: Then the bill will go to House Ways and Means where they will begin formulating a budget from the base established by the Budget and Control Board.
3. The Committee recommends that Pt. III of the Appropriations Bill be eliminated and that the expenditure of any actual surplus money be made in a separate bill.
4. The Committee recommends that mandatory adjournment be on May 15th.
Constitutional Changes
The Committee recommends that the General Assembly convene on the second Tuesday in February.
Senators Representatives
William W. Doar, Jr., D. Malloy McEachin, Jr.,
Chairman Vice Chairman
Isadore E. Lourie Harriet H. Keyserling
Thomas H. Pope, III James W. Johnson, Jr.
Received as information.
On motion of Rep. McEACHIN, with unanimous consent, the Report was ordered printed in the Journal.
The SPEAKER granted Rep. KLAPMAN a temporary leave of absence.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 2401 -- Rep. Sheheen: A HOUSE RESOLUTION TO FIX 11:00 A.M. ON WEDNESDAY, FEBRUARY 25, 1987, AS THE TIME FOR ELECTING TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE LEGISLATIVE AUDIT COUNCIL NOMINATING COMMITTEE.
The SPEAKER announced that nominations were in order for two members of the Legislative Audit Council Nominating Committee.
On motion of Rep. McABEE, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Rep. G. BAILEY.
Alexander, M.O. Alexander, T.C. Arthur Bailey, G. Bailey, K. Bennett Blackwell Brown, N. Brown, R. Chamblee Cork Dangerfield Day Edwards Fair Ferguson Foster Gilbert Gregory Harris, J. Hayes Holt Johnson, J.C. Jones Keyserling Kirsh Lewis Martin, D. Mattos McEachin McGinnis McLeod, E.B. Neilson Nesbitt Ogburn Pearce Petty Phillips, O. Rice Sharpe Stoddard Townsend Tucker Washington Whipper White Wilder
The following named Representatives voted for Rep. EVATT.
Baker Barfield Beasley Brown, J. Burriss, J.H. Chamblee Clyborne Cooper Cork Derrick Elliott Evatt Faber Felder Foxworth Harris, P. Haskins Hawkins Hayes Hendricks Huff Kohn Koon Limehouse Mappus Martin, L. McBride McCain McEachin McKay McLellan McLeod, E.B. Moss Neilson Ogburn Sheheen Simpson Sturkie Taylor Thrailkill Toal Wilder Wilkins Williams Winstead
The following named Representatives voted for r Rep. KLAPMAN.
Burriss, J.H. Carnell Derrick Evatt Gordon Harris, J. Haskins Hawkins Kohn Koon Mappus McCain McTeer Phillips, L. Rhoad Sturkie
The following named Representatives voted for Rep. WILLIAMS.
Alexander, M.O. Alexander, T.C. Arthur Bailey, G. Bailey, K. Baker Barfield Beasley Bennett Blackwell Brown, N. Brown, J. Brown, R. Carnell Clyborne Cooper Dangerfield Day Elliott Faber Fair Felder Ferguson Foster Foxworth Gilbert Gordon Gregory Harris, P. Hendricks Holt Johnson, J.C. Jones Keyserling Kirsh Limehouse Martin, D. Martin, L. Mattos McAbee McBride McGinnis McKay McLellan McTeer Moss Nesbitt Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Sharpe Sheheen Simpson Stoddard Taylor Thrailkill Townsend Tucker Washington Wells Whipper White Wilkins Williams Winstead
There were 176 votes cast;
Of which Rep. G. BAILEY received 47.
Of which Rep. EVATT received 45.
Of which Rep. KLAPMAN received 16.
Of which Rep. WILLIAMS received 68.
Whereupon the SPEAKER announced that Reps. WILLIAMS and G. BAILEY having received a majority of the votes cast were duly elected for the term prescribed by law.
The following Bill was taken up.
H. 2200 -- Rep. Blackwell: A BILL TO AMEND SECTION 59-39-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY DRIVING EDUCATION AND TRAINING PROGRAMS BY SCHOOL DISTRICTS, SO AS TO MAKE IT PERMISSORY INSTEAD OF MANDATORY; AND TO AMEND ARTICLE 3, CHAPTER 39, TITLE 59, RELATING TO MANDATORY DRIVING EDUCATION AND TRAINING, BY ADDING SECTION 59-39-350 SO AS TO AUTHORIZE THE GOVERNING BODY OF ANY SCHOOL DISTRICT TO CHARGE A UNIFORM FEE FOR THOSE STUDENTS WHO ELECT TO TAKE DRIVER EDUCATION AND TRAINING PROGRAMS.
The Bill was read the third time and ordered sent to the Senate.
Rep. HOLT moved to adjourn debate upon the following Concurrent Resolution until Tuesday, March 3, 1987, which was adopted.
H. 2060 -- Reps. Aydlette and P. Bradley: A CONCURRENT RESOLUTION REQUESTING THE BUREAU OF INDIAN AFFAIRS OF THE UNITED STATES DEPARTMENT OF THE INTERIOR TO RECOGNIZE THE EDISTO NATCHEZ KUSSO TRIBE OF SOUTH CAROLINA FOR PURPOSES OF ALL FEDERAL PROGRAMS OPERATED BY THE BUREAU OF INDIAN AFFAIRS FOR NATIVE AMERICANS.
The motion period was dispensed with on motion of Rep. SHARPE.
Debate was resumed on the following Joint Resolution, the pending question being the consideration of the Joint Resolution, Rep. RUDNICK having the floor.
H. 2308 -- Reps. Rudnick, White, Huff, Sharpe, Koon, Arthur, Nesbitt, O. Phillips and Moss: A JOINT RESOLUTION TO AMEND SECTION 26, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MAGISTRATES, SO AS TO PROVIDE THAT BEGINNING IN 1990, ALL MAGISTRATES MUST BE ELECTED IN THE MANNER THE GENERAL ASSEMBLY PROVIDES IN A NONPARTISAN ELECTION TO BE HELD AT THE SAME TIME AS THE GENERAL ELECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 26 of Article V of the Constitution of this State be amended to read:
"Section 26. The Governor, by and with the advice and consent of the Senate, shall appoint a number of magistrates for each county as provided by law; provided, that beginning in 1990, all magistrates must be elected in the manner the General Assembly provides in a nonpartisan election to be held at the same time as the general election. The General Assembly shall provide for their terms of office and their civil and criminal jurisdiction. The terms of office need not be uniform throughout the State but shall must be uniform within each county."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Section 26, Article V of the Constitution of this State be amended so as to provide that beginning in 1990, all magistrates must be elected in the manner the General Assembly shall provide in a nonpartisan election to be held at the same time as the general election?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Rep. HUFF moved to adjourn debate upon the Joint Resolution, which was rejected.
The question then recurred to the passage of the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Arthur Baker Barfield Blackwell Chamblee Cooper Cork Elliott Evatt Fair Foster Gilbert Gordon Gregory Harris, P. Haskins Huff Kay Keyserling Kirsh Kohn Koon Lewis Limehouse Mattos McAbee McEachin McKay McTeer Moss Nesbitt Ogburn Pearce Phillips, L. Phillips, O. Rice Rudnick Sharpe Stoddard Sturkie Taylor Toal Townsend Tucker White
Those who voted in the negative are:
Alexander, T. C. Bailey, G. Bailey, K. Beasley Bennett Bradley, P. Brown, H. Brown, J. Brown, R. Burriss, J.H. Carnell Clyborne Dangerfield Day Derrick Edwards Faber Felder Ferguson Foxworth Harris, J. Hawkins Hayes Hendricks Holt Johnson, J.C. Johnson, J.W. Jones Mappus Martin, D. Martin, L. McBride McCain McGinnis McLellan McLeod, E.B. Neilson Nettles Rhoad Sheheen Simpson Washington Wells Wilder Wilkins Williams Winstead
So, the Joint Resolution having failed to receive the necessary two-thirds vote, was rejected.
The following Bill was taken up.
H. 2299 -- Reps. Rudnick and Jones: A BILL TO AMEND SECTION 20-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VENUE FOR ACTIONS FOR DIVORCE AND FOR SEPARATE SUPPORT AND MAINTENANCE, SO AS TO PROVIDE THAT THESE ACTIONS MAY BE TRIED IN THE PLAINTIFF'S COUNTY OF RESIDENCE IF THE DEFENDANT ACCEPTS SERVICE OF PROCESS WHEN THE ACTION IS BROUGHT IN THE PLAINTIFF'S COUNTY OF RESIDENCE AND DOES NOT MOVE FOR A CHANGE OF VENUE AS PROVIDED BY LAW.
Rep. WILKINS moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following Bill was taken up.
H. 2117 -- Rep. Kirsh: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY AND OTHER ELIGIBILITY REQUIREMENTS OF CHILDREN TO ATTEND PUBLIC SCHOOLS, SO AS TO DELETE THE PROVISION ALLOWING A CHILD TO ATTEND A PUBLIC SCHOOL IN A PARTICULAR DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE IN THE DISTRICT.
Reps. WHIPPER and WASHINGTON proposed the following Amendment No. 1, which was adopted.
Amend as and if amended. Add Section 5.
The Child has been mutually assigned by the School District in which he resides to another School District.
Rep. WHIPPER explained the amendment. The amendment was then adopted.
Rep. KIRSH explained the Bill. Rep. McLELLAN spoke against the Bill. Rep. FOXWORTH moved to table the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Arthur Barfield Blanding Boan Bradley, P. Brown, H. Burriss, J. H. Carnell Chamblee Clyborne Cork Dangerfield Derrick Elliott Felder Foxworth Gordon Harris, P. Haskins Hendricks Hodges Holt Johnson, J.W. Koon Lewis Limehouse Mappus Martin, L. McAbee McEachin McElveen McKay McLellan McLeod, E.B. Nettles Phillips, O. Stoddard Sturkie Taylor Thrailkill Tucker Williams Winstead
Those who voted in the negative are:
Bailey, G. Bailey, K. Baker Beasley Bennett Blackwell Brown, J. Brown, R. Cooper Davenport Day Edwards Faber Fair Ferguson Foster Gilbert Gregory Harris, J. Hawkins Hayes Johnson, J.C. Kay Kirsh Martin, D. Mattos McBride McCain McGinnis McTeer Moss Neilson Nesbitt Petty Phillips, L. Rice Sheheen Townsend Waldrop Washington Wells Whipper White Wilder Wilkins
So, the House refused to table the Bill.
Rep. McLELLAN moved to adjourn debate upon the Bill, which was rejected.
Rep. HENDRICKS spoke against the Bill.
Rep. L. PHILLIPS spoke in favor of the Bill.
Rep. SNOW moved to continue the Bill.
Rep. L. PHILLIPS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Arthur Barfield Bradley, P. Brown, H. Burriss, J. H. Clyborne Cork Derrick Elliott Felder Foxworth Harris, P. Haskins Hendricks Hodges Johnson, J.W. Koon Lewis Limehouse Mappus Martin, L. McAbee McEachin McElveen McLellan McLeod, E.B. Nettles Snow Stoddard Sturkie Taylor Thrailkill Winstead
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, G. Bailey, K. Baker Beasley Blackwell Blanding Brown, J. Brown, R. Chamblee Cooper Dangerfield Davenport Day Edwards Faber Ferguson Foster Gilbert Gordon Gregory Harris, J. Hawkins Hayes Holt Huff Jones Kay Keyserling Kirsh Lockemy Martin, D. Mattos McBride McCain McGinnis McKay McTeer Moss Neilson Nesbitt Ogburn Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, T. Rudnick Sharpe Sheheen Simpson Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilkins Williams
So, the House refused to continue the Bill.
Rep. McLELLAN spoke in favor of the Bill.
Reps. FOXWORTH and KOON spoke against the Bill.
Rep. P. BRADLEY moved to reconsider the vote whereby H. 2308 was rejected and the motion was noted.
Rep. KOON continued speaking.
Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of the Bill, Rep. KOON having the floor.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following n Concurrent Resolution:
H. 2170 -- Reps. Sheheen, J. Rogers and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JULIUS B. NESS, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, FEBRUARY 25, 1987.
The Honorable Julius B. Ness, Chief Justice of the Supreme Court and distinguished party were escorted to the rostrum by Senators Setzler, Matthews, Williams and Lindsay and Reps. HUFF, WILKINS and McEACHIN.
The President of the Senate introduced the honored guest as follows:
"It is my pleasure to present to you a great South Carolinian, a great American, the greatest Chief Justice of any state Supreme Court in the nation of the United States, Chief Justice Julius B. Ness."
Chief Justice Ness:
"Lt. Governor Theodore, Speaker Sheheen, distinguished members of the Legislature, ladies and gentlemen:
Let me thank you, first of all, for the invitation to address you today. As you know, this is the second year I have been asked to discuss with you the state of the South Carolina Judiciary. Last year when the invitation came, I suspected you were only being cordial to a brand-new Chief Justice.
Now, however, the 'newness' is gone. And yet, you have invited me back. I feel such a sense of accomplishment in that.
I sincerely believe the barriers between the Legislature and the Judiciary which you and Bruce Littlejohn dismantled are truly gone. On behalf of the Judiciary, I want to thank each of you for allowing us to work with you for the best interest of the people of South Carolina.
Before I move on to discuss with you the state of the Judiciary, let me share some news. Not quite three months ago, near midnight, most of the members of our Supreme Court gathered in a waiting room at Providence Hospital as a man we all love suffered the effects of a heart attack. Our prayers -- and yours -- have been answered. Dave Harwell has made an excellent recovery, and I am pleased to tell you that he will return to work on the court for the next term. On behalf of the court, I want to thank retired Chief Justice C. Bruce Littlejohn, Circuit Court Judge Rodney A. Peeples, and Circuit Court Judge Lawrence E. Richter, Jr. for their invaluable assistance to the court during Justice Harwell's convalescence.
I want to share with you another piece of good news. I announced this a couple of weeks ago at the annual meeting of the Bar in Charleston, but I want to officially inform you about the tremendous progress we have made in reducing the appellate backlog.
When I became Chief Justice a year and a half ago, we were faced with a staggering backlog. Today, we have about 130 cases with all briefs filed waiting to be heard. Last month, when the Court of Appeals asked for forty cases for hearing, we had to search to find some -- and then we could only send them thirty-eight. The others were in the process of being screened or were the type of cases that, by statute, can only be heard by the Supreme Court. The average case can be submitted to the Court for review within three months after all briefs are filed. I am pleased to tell you that the appellate backlog is gone.
That tremendous feat has been accomplished in a couple of ways. As I told you last year, the Court of Appeals is largely responsible for the great progress we have made. Since its creation three and a half years ago, the Court of Appeals has rendered decisions in 1,061 cases. Of those, more than ninety-five percent have been the final decisions in those cases. The Supreme Court has granted discretionary review in approximately four percent of the cases decided by the Court of Appeals.
In addition, the increased staff members you provided to us two years ago have rendered great assistance in screening cases in the Supreme Court. We have been able to hold more court and review more cases per month than ever before. And, as you know, this has been possible without any cost to the State. Your decision two years ago to increase the filing fee for appeals has provided the funds for these additional temporary positions.
Similarly, the case load at the trial levels -- Circuit Court and Family Courts -- is, in most counties exactly where it should be. In nearly all counties a case in Circuit Court can be tried within six months after filing. In General Sessions, it is rare for a case to be more than six months old. I require a report the first of each month from every solicitor to see that his docket is current. The lawyers and Judges throughout the State have responded very well to our efforts to streamline the system in favor of the litigants. With rare exception, the trial dockets are admirably under control.
In recent weeks, we have reviewed and assessed our needs, to make an effective allocation of resources to handle appeals in the future. In order to prevent another backlog from developing, the two appellate courts must handle approximately 900 cases every year. Based on workload capacity of the eleven appellate judges, we think that can be done. It won't be easy -- certainly none of us will be under-employed -- but it can be done. I pledge to you that each of us in the Judicial Department will give our utmost to see that the status of the trial and appellate dockets remain current.
I recently met with the Ways & Means subcommittee to discuss the appropriation for the Judicial Department for the fiscal year beginning July 1st. In reviewing facts and figures, I came upon some numbers that are staggering to me. The Judicial Department -- one of three branches of state government -- has an annual budget which is less than four-tenths of one percent of the annual state budget. We have approximately 400 employees in the entire department -- that includes all judges, court reporters, etc. That is about eight people for each county in the state. Yet, the Judicial Department processes at the trial level (Circuit and Family Courts) approximately 160,000 cases per year, and at the appellate level, approximately 1, 000.
For comparison only, I point out that the Judicial Department in the state of Alabama operates on 2.3 percent of that state's annual appropriation, whereas South Carolina's budget is less than one-half of one percent of our annual budget. I ask that in reviewing our budget request for next year, you focus on what a bargain our Judicial Department really is. Keep in mind, too, the special dilemma facing the courts of our state. In spite of fiscal restrictions, the Courts are under a Constitutional mandate to resolve disputes, provide legal remedies, and render Justice. We must handle all work which is legitimately brought before us. We provide only constitutionally mandated services, and we do so on a shoestring. We finally purchased a stapler and tape dispenser for my desk about six months ago. I ask that you review our budget request with a realization that it contains very little flexibility, and no 'fat' at all.
This year, 1987, is the 200th anniversary of the Constitution of the United States. The history of our government can be traced much further than that, however. Seven hundred and seventy-one years ago, King John of England was persuaded to grant to the English people a contract of duties and responsibilities between King and citizen. The Magna Carta contained clauses designed to bring about reforms in judicial and local administration. Centuries later, in 18th century America, the fundamental rights expressed by the Magna Carta were echoed in the Constitutional guarantees our ancestors reserved unto themselves. As Legislators and Judges in 20th century America, still working to define and expand on the legal system which evolved from the wisdom of King John, we would do well to study the historical perspectives of our Anglo-American system of law before undertaking sweeping changes to our system of jurisprudence.
The Magna Carta declared that no property could be seized from a man 'without legal judgment of his peers'. With that important right was born the Anglo-American justice system's guarantee of a right to trial by jury. One of the many tyrannies which led to the birth of this nation was the effort to deprive the people of the colonies of their right to trials by a jury of their peers.
The document which became the Constitution of 1787 preserved this right for the citizens of this country. A strong and powerful democracy has grown on the roots of this guarantee.
The fundamental right to a jury trial has been perpetuated in the written instruments that have shaped the governments of the several states. Thomas Jefferson declared the right to a jury trial as 'the only anchor ever yet imagined by man, by which a government can be held to the principles of the Constitution'.
In recent years, however, you have heard conflicting views on the continued efficacy of the jury system. It has been said that the jury system is responsible for the long delays in the judicial process, and that it is an outmoded way of resolving disputes among citizens. The collective wisdom of juries has been attacked, and we are told juries are unpredictable, arbitrary, and even uninformed. You are being urged to restrict the decision-making authority of the jury, to place limits and controls on its fact-finding duty.
I urge you to closely scrutinize any suggestion that the jury system devised to us by King John nearly 800 years ago is becoming too costly, either in terms of dollars or efficiency. You must focus on the total justice system, which has demonstrated through the centuries its adaptability to the modern world. Restrictions on the Jury system may seem only a slight intrusion on the Constitutional guarantees under which our system has thrived. But one you permit any intrusion at all on our system of individual freedoms, which of our precious liberties will be next?
I ask you to consider whether legislative solutions may be found for every perceived wrong. I recall not too many months ago, there was planned legislation to prevent the Carolina-Clemson game from ending in a tie. I suggest to you that legislative answers do not exist for everything that causes dissatisfaction in our lives.
In April of last year, the United States Supreme Court issued an opinion in a death penalty case (Skipper v. S.C.) that changed existing law and has had a profound effect on death penalty cases in South Carolina. Since that time, virtually every death penalty case that has reached the state Supreme Court for review has necessarily been reversed on the basis of that Federal decision. Each and every time, either our court or the trial judge has been subjected to a barrage of public criticism. Newspaper accounts have vilified the trial judges for their 'errors', and some have gone so far as to call for the resignation of a trial judge.
You have not been isolated from this siege of public dissatisfaction. To my knowledge, at least four pieces of legislation have been introduced which seek to alter the manner in which state judges are elected. This again, in my opinion, is an attempt to cure a perceived 'problem' without reference to its source, or even without consideration of whether a problem exists at all. If it's not broken, don't fix it.
The trial judges in this state -- both Circuit and Family -- are competent, qualified, and dedicated to the people they serve. You have elected each and every one of them. Because of the manner in which you elect them, they are able to exercise the responsibilities of their office without partisan considerations, and to make the decisions justice requires of them, however unpopular the decisions may be.
In an effort to express thoughts that are difficult to articulate, I sometimes turn to baseball, which is, in many ways, analogous to real life. I can't claim credit for this particular observation, for I have borrowed it from a judge from one of the western states who was subjected to great public criticism after making a particularly unpopular decision.
'The role of judges is very much like that of umpires in the game of baseball. Umpires are not players, nor are they fans. They observe the facts of play and apply the rules of the game fairly and evenhandedly when decisions must be made in order for play to continue. The umpires do not create the situations that call for a decision, but they cannot shirk their duty when such situations arise. However close a play may be, however vociferously both teams may argue, however partisan the crowd may be -- however unpopular the umpires' role -- they must follow the rules of the game.'
'When an umpire has called 'strike three', the batter iq out, no matter how loudly he, his team or his team's fans may protest. The crowd may yell that the rule should read that a batter gets four strikes. But unless and until the league decides to change the rule to 'four strikes and you're out', the umpire remains duty-bound to enforce the three-strike rule.'
'Were the umpire to do otherwise, there would be no order left to the game. Bats would be used as clubs, rival fans would fight in the stands, rancor would take the field, and baseball would become Just a memory.'
'To be sure, there would be some who would defend the umpire's new four-strike rule to the death, but then again, there would be no real umpires left to defend. That is why umpires and judges alike must constantly place principle above popularity and steadfastly discharge their duties in the face of impatience.'
This is not to say that neither judges nor umpires make mistakes in the exercise of their judgment in a particular case. For instance, we now know that the first base umpire in the sixth game of the 1985 World Series made a mistake that had a significant impact on the result of the series. Judges, too, make honest mistakes. The law is not an exact science. My daddy used to tell me that the only person who doesn't make a mistake is the one who doesn't do anything.
I am now in my 30th year of judicial service to this state. I will celebrate my 71st birthday day after tomorrow. In the normal scheme of things, I would announce to you today my plans to retire as Chief Justice upon reaching the age of 72, a year from now.
Recent changes in Federal law, however, may have affected mandatory retirement for South Carolina judges. I am aware of, and intrigued by, the recent Attorney General's opinion that advises the state is prohibited from enforcing mandatory retirement of state Judges.
I attended the Conference of Chief Justices in Oregon a few weeks ago, and the issue was naturally discussed quite a bit. The prevailing view among the Chief Justices of the nation is that mandatory retirement for state judges has been abolished, and any existing state laws to the contrary have been impliedly overruled.
There has been quite a bit of positive reaction to the Federal bill and to the Attorney General's opinion. However, one newspaper editor in South Carolina suggests the inevitable result of the Federal legislation will be unfettered dictatorial reign by Judicial tyrants. I think the author of that editorial is overreacting just a bit. South Carolina judges are subject to re-election by the General Assembly every four, six or ten years, depending on the positions they occupy. I have full confidence in your ability to eliminate an unlikely situation similar to that envisioned by the newspaper editor, at re-election time.
In the abstract, I know the reasons behind the Federal legislation are sound. We know from the examples of statesmen like Marshall Williams, Pat Harris, Strom Thurmond and the late Speaker Emeritus Solomon Blatt how artificial age restrictions really are.
While the newspaper editor is raising unfounded objections to the overruling of mandatory retirement of judges, he has raised some valid concerns as to the office of Chief Justice. Under the South Carolina Constitution, the Chief Justice is the administrative head of the unified judicial system. Should he so choose, a Chief Justice could unilaterally exercise a tremendous amount of control over the operation of the Judicial Department.
During my tenure as Chief Justice, I have not exercised the exclusive power conferred upon the Chief Justice. Every significant decision relating to the Judicial System has been made by the entire Supreme Court. I have burdened the other members of the Court with my decision-making obligations, and they have willingly shared the responsibilities of my office. I have every confidence the members of the present Supreme Court would continue that tradition if elected to the office of Chief Justice.
I personally do not feel any one person should hold the office of Chief Justice for an indefinite period of time. A number of states have established a system of rotation for the office of Chief Justice. In light of the abolition of mandatory retirement, you may wish to consider a similar system. Under a system of rotation, the Chief Justice, regardless of his age, could serve as Chief Justice no more than, for instance, four or five years. At the expiration of his term as Chief Justice, he could either retire or resume his position on the Court as Associate Justice and you would elect a new Chief Justice. This system would prevent any one person from holding the office of Chief Justice for an unreasonable or extended period of time, and would eliminate entirely the concerns that have been expressed about the recent changes in the law.
I have discussed this proposal with the current members of the Supreme Court, and they are unanimously in favor of it. I have spoken with past and present Chief Justices who have served under a rotation system, and I understand it has many advantages. I share those thoughts with you for whatever use you may make of them.
Since the Federal legislation passed, I have been contacted by lawyers, judges, legislators, and other people who have urged me to stay on as Chief Justice. I have been encouraged by this show of confidence in the job I have done as Chief Justice.
I am not unaware, however, that these sentiments are not unanimous.
When I was sworn in as Chief Justice, an editorial in a local newspaper described me as a 'lightning bolt'. Acknowledging a certain amount of truth in that, I realize a lightning bolt possesses a rather short-term usefulness. Its long-term presence gets on everybody ' s nerves, and after a while it does more harm than good.
Today, I honestly cannot tell you when I plan to retire. There are still several projects I would like to see completed. Proposed charges to the Family Court rules are pending, and I am anxious to see them finalized and in place. The Court is expecting a report from the Judicial Council in the next several months regarding a pilot project for cameras in the courtrooms of our state. You may not know we are only one of seven states in the nation who do not permit cameras in the courtroom in one fashion or another.
In addition, I plan, in the next few months, to appoint a committee to draft proposed criminal practice rules for General Sessions Courts. These projects, as well as.our continued efforts to reduce delay at the trial and appellate levels, are of great interest to me, and I sincerely want to be involved in each of them.
I assure you that I will advise you no later than November 1, 1987, whether I will retire at 72, or continue in the office of Chief Justice to see some of these proJects completed. I must be certain that whatever decision I make is in the best interests of the judicial system of our state.
Before I conclude, I want to thank the four men with whom I work for the many things they do. Each of them -- George Gregory, Dave Harwell, Lee Chandler, and Ernest Finney -- exemplify the many qualities which bring credit to the Judiciary. They are my close and loyal friends. I am blessed to work with men of such wisdom and intellectual courage.
In closing, let me share with you a quote from Plato, written in the year 409 B.C.
[A] judge should not be [a] young [man]; He should have learned to know evil, not from his own soul, but from late and long observation of the nature of evil in others.
Thank you so very much."
Upon the conclusion of his address, Chief Justice Ness and his escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:33 P.M. the House resumed, the SPEAKER in the Chair.
Rep. SHARPE moved that the House do now adjourn which was adopted.
The Senate returned to the House with concurrence the following:
H. 2530 -- Rep. Edwards: A CONCURRENT RESOLUTION CONGRATULATING MISS ANNE HERBERT OF SPARTANBURG COUNTY UPON THE OCCASION OF HER NINETIETH BIRTHDAY AND COMMENDING HER FOR HER INDOMITABLE SPIRIT OF FAITH, OPTIMISM, AND LOVE.
H. 2538 -- Charleston County Legislative Delegation: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF JASPER T. HIERS, III, CHARLESTON INSURANCE EXECUTIVE AND LAWYER, UPON HIS DEATH.
H. 2438 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE JAMES P. DEAN OF MISSISSIPPI, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:15 P.M. ON WEDNESDAY, MARCH 25, 1987.
At 12:35 P.M. the House in accordance with the motion of Rep. SHARPE adjourned to meet at 10:00 A.M. tomorrow.
This web page was last updated on
Tuesday, June 30, 2009 at 1:39 P.M.