South Carolina General Assembly
107th Session, 1987-1988
Journal of the House of Representatives

THURSDAY, FEBRUARY 25, 1988

Thursday, February 25, 1988
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 A.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 Father, the unseen Source of beauty, goodness and truth, may the light of Him Who is the Light of the world illuminate our lives this day and every day. Give us the determination and the ability to rise to the high expectation of those who elected us to these places of leadership. When we speak, when we listen, when we work, when we rest, make us keenly aware of Your presence. May the greatest and most sought after reward be the knowledge that we have done our best. And as we see the challenges before us, inspire us to do what the Lord wants done.

We pray in the Name of Jesus, the Christ.

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.

RULES AND REGULATIONS RECEIVED

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

February 23, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.

House of Representatives

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on February 23, 1988 regulations concerning Licensures, Fees, Examination, Code of Ethics from the S.C. Board of Examiners for Licensure of Professional Counselors, Associate Counselors and Marital and Family Therapists.

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

Sincerely,
Robert J. Sheheen

Received as information.

RULES AND REGULATIONS
WITHDRAWN AND RESUBMITTED

The following was received.
OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

February 24, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.

House of Representatives

Dear Mrs. Shealy:

The South Carolina Department of Labor is hereby withdrawing and simultaneously resubmitting regulations with corrections pertaining to the Elevator Safety Code, effective this date. These regulations have been referred to the Labor, Commerce and Industry Committee.

Sincerely,
Robert J. Sheheen

Received as information.

COMMITTEE APPOINTMENT

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

February 24, 1988
The Honorable J. Derham Cole
Member South Carolina

House of Representatives
Box 1744
Spartanburg, S.C. 29304

Dear Derham:

It is with pleasure that I am today appointing you to serve on the Judiciary Committee. You will replace former Representative Jean H. Toal.

I hope that you will enjoy serving in this capacity and know that you will be an asset to the committee.

Sincerely,
Robert J. Sheheen

Received as information.

COMMITTEE APPOINTMENT

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

February 24, 1988
The Honorable James W. Johnson, Jr.
Member South Carolina

House of Representatives
Box 724
Clinton, S.C. 29325

Dear Jim:

It is with pleasure that I am today appointing you to serve on the Rules Committee. You will replace former Representative Jean H. Toal.

I hope that you will enjoy serving in this capacity and know that you will be an asset to the committee.

Sincerely,
Robert J. Sheheen

Received as information.

STATEMENT FOR JOURNAL

Heather Sturkie, a 6th grade honor student at St. Joseph's School, is visiting the House of Representatives today as a guest of Rep. M.D. BURRISS.

R. 347, H. 3313--GOVERNOR'S VETO SUSTAINED

The following was received.

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

February 24, 1988

Mr. Speaker and Members of the

House of Representatives:

I am hereby returning without my approval H. 3313, R-347, an Act:
TO AMEND SECTIONS 38-15-10 AND 38-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURETY INSURERS AND THE SPECIAL AUTHORITY REQUIRED FOR WRITING CERTAIN BONDS, FORMS OF THE BONDS, AND THE WITHDRAWAL OF THE SPECIAL AUTHORITY, SO AS TO DELETE THE GOVERNOR FROM THE LIST OF STATE OFFICIALS AUTHORIZED TO ACT UNDER THESE PROVISIONS; TO AMEND SECTION 38-15-40, RELATING TO THE EFFECT OF REDUCTION IN THE VALUE OF BONDS DEPOSITED BY A SURETY INSURER, SO AS TO PROVIDE THAT WHEN THE BONDS REQUIRED OF AN INSURER IN SECTION 38-15-30 ARE REDUCED BELOW THE VALUE OF ONE HUNDRED THOUSAND, RATHER THAN FIFTY THOUSAND DOLLARS, EXCEPT BY UNEXPECTED FLUCTUATION IN VALUE, THE RIGHT OF THAT INSURER TO DO BUSINESS MAY BE REVOKED OR SUSPENDED; AND TO AMEND SECTION 38-15-50, RELATING TO THE DEPOSIT OF CASH IN TRUST BY A SURETY INSURER IN LIEU OF GIVING BOND OR DEPOSITING SECURITIES, SO AS TO PROVIDE THAT IN LIEU OF DEPOSITING BONDS WITH A MARKET VALUE OF ONE HUNDRED THOUSAND, RATHER THAN FIFTY THOUSAND DOLLARS, AN INSURER MAY SATISFY SECTION 38-15-30 BY DEPOSITING ONE HUNDRED THOUSAND, RATHER THAN FIFTY THOUSAND, DOLLARS IN CASH IN THE NAME OF THE CHIEF INSURANCE COMMISSIONER WITH THE TRUST DEPARTMENT OF A NATIONAL OR STATE BANK OF THIS STATE APPROVED BY THE CHIEF INSURANCE COMMISSIONER.

This veto is based upon the fact that under current law surety companies can obtain special authority to do business, as well as approval for their forms from any two of the following officials: the Governor, the Attorney General, and the Insurance Commissioner. Under the H. 3313 (R-347), the Governor is eliminated from this list of officials thus giving either the Attorney General and the Insurance Commissioner veto power over such approvals. This would unduly restrict the ability of companies to do business in South Carolina especially during a period of vacancy or disability in either office.

No reason has been given this office as to why the Governor should be removed from the list of officials whose approval is required.

For the reasons outlined above, I believe this legislation should be vetoed.

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

Rep. J. BRADLEY was recognized.

POINT OF ORDER

Rep. KLAPMAN raised the Point of Order that Rep. J. BRADLEY must be in his seat in order to be recognized to speak on the veto.

The SPEAKER sustained the Point of Order.

Rep. J. BRADLEY spoke against the veto.

Rep. T.M. BURRISS spoke in favor of the veto.

Rep. J. BRADLEY explained the veto.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 65; Nays 37

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, K.             Barfield
Baxley                 Bennett                Blackwell
Boan                   Bradley, J.            Brown, G.
Brown, J.              Burch                  Chamblee
Cooper                 Dangerfield            Day
Faber                  Gilbert                Gordon
Harvin                 Hayes                  Hendricks
Hodges                 Holt                   Huff
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Keyserling             Kirsh
Lewis                  Lockemy                Martin, O.
Martin, L.             Mattos                 McBride
McEachin               McKay                  McLeod,
McLeod, J.W.           McTeer                 Moss
Neilson                Nesbitt                Nettles
Pearce                 Phillips, L.           Rhoad
Rice                   Rogers, T.             Rudnick
Sheheen                Shelton                Short
Snow                   Taylor                 Townsend
Washington             Whipper                Wilder
Williams               Winstead

Total--65

Those who voted in the negative are:

Baker                  Brown, H.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Clyborne               Cole                   Cork
Corning                Davenport              Derrick
Edwards                Fair                   Foxworth
Harris, J.             Haskins                Hearn
Helmly                 Humphries              Klapman
Koon                   Lanford                Mappus
McAbee                 McCain                 McGinnis
McLellan               Pettigrew              Petty
Phillips, O.           Sharpe                 Simpson
Stoddard               Sturkie                Thrailkill
Wells

Total--37

So the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

S. 546--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., February 24, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 546:
S. 546 -- Senators Nell W. Smith, Garrison, Leatherman, Matthews, Waddell, Hayes and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 59 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A COMPREHENSIVE HEALTH EDUCATION PROGRAM IN ELEMENTARY AND SECONDARY SCHOOLS THROUGH APPROPRIATE PROGRAM DEVELOPMENT, ADEQUATE TEACHER TRAINING, REQUIRED HOURS OF HEALTH INSTRUCTION, AND AN EXEMPTION FOR STUDENT PARTICIPATION.
Very respectfully,
President

On motion of Rep. KLAPMAN, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. FAIR, TOWNSEND, and KEYSERLING to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

REPORT OF STANDING COMMITTEE

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3675 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO REQUIRE MEMBERS OF THE HOUSE AND SENATE TO BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS, TO REQUIRE REAPPORTIONMENT OF THESE ELECTION DISTRICTS EVERY TEN YEARS, TO PROVIDE THAT THE AGE REQUIREMENTS OF SENATORS AND REPRESENTATIVES AS CONTAINED IN THE CONSTITUTION ARE AS OF THE TIME THEIR TERM OF OFFICE BEGINS, TO PROVIDE THAT THE MEMBERS OF THE GENERAL ASSEMBLY SHALL RECEIVE AN ANNUAL SALARY AND ALLOWANCES AS PRESCRIBED BY LAW AND THAT ADDITIONAL SALARY AND ALLOWANCES MAY BE PROVIDED FOR SPECIAL SESSIONS, TO PROVIDE THAT EACH HOUSE OF THE GENERAL ASSEMBLY SHALL NOT JUDGE THOSE QUALIFICATIONS OF ITS OWN MEMBERS WHICH ARE SET OUT IN THE CONSTITUTION, TO DELETE THE IMMUNITY OF THE MEMBERS OF THE GENERAL ASSEMBLY FROM CIVIL PROCESS OR CRIMINAL ARREST FOR CERTAIN OFFENSES DURING THEIR ATTENDANCE AT THE GENERAL ASSEMBLY, TO AUTHORIZE EITHER HOUSE TO PROVIDE BY RULE FOR THE SECOND READING OF BILLS AND JOINT RESOLUTIONS "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES THEREOF TO EACH MEMBER, TO REQUIRE A ROLL CALL VOTE IN ALL ELECTIONS BY THE GENERAL ASSEMBLY OR EITHER HOUSE THEREOF EXCEPT UPON UNANIMOUS CONSENT TO DISPENSE WITH THE ROLL CALL, TO REQUIRE THE PROCEEDINGS OF EACH HOUSE TO BE PUBLIC EXCEPT WHEN TWO-THIRDS OF THE MEMBERS PRESENT IN EITHER HOUSE VOTE TO HAVE A CLOSED SESSION, TO PROVIDE THAT ANY VACANCY IN THE GENERAL ASSEMBLY WHERE THE UNEXPIRED TERM IS LESS THAN ONE YEAR MAY BE FILLED AS PROVIDED BY GENERAL LAW, TO DELETE LANGUAGE PROHIBITING THE MARRIAGE OF PERSONS OF A CERTAIN RACE AND LANGUAGE RELATING TO UNMARRIED WOMEN UNDER A CERTAIN AGE CONSENTING TO SEXUAL INTERCOURSE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE CODIFICATION OF THE LAWS OF THIS STATE AND FOR KEEPING THE CODIFICATION UP TO DATE.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3848 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 5.3 OF THE HOUSE OF REPRESENTATIVES, RELATING TO GENERAL AND SUPPLEMENTAL APPROPRIATIONS BILLS, SO AS TO SPECIFY THE INFORMATION AND REPORTS THAT MUST BE INCLUDED IN THE WAYS AND MEANS COMMITTEE RECOMMENDATION, THE HOUSE BILL, AND THE CONFERENCE AND FREE CONFERENCE COMMITTEE REPORT.

Be it resolved by the House of Representatives:

That the fourth paragraph of Rule 5.3 of the House of Representatives is amended to read:

"All State Appropriation Bills shall must be printed at each stage in their passage so as to show the amounts appropriated for any of the purposes therein for the fiscal year immediately preceding, the amounts requested by the institution or department, the amounts recommended by the Budget Commission, the amounts approved by the Ways and Means Committee, the amounts passed by the House, the amounts passed by the Senate, and the amounts agreed upon by the Free Conference Committee so that:

(a) the bill as received from Ways and Means must include the amounts appropriated the previous fiscal year, the Budget and Control Board recommendation, and the Ways and Means Committee recommendation;

(b) the House bill must include the last fiscal year, the Ways and Means recommendation, and the House passed recommendation;

(c) the Report of Conference or Free Conference Committee must be printed as the final Appropriations Act."

Reps. HUFF and McLELLAN explained the House Resolution.

The yeas and nays were taken resulting as follows:

Yeas 103; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Arthur
Aydlette               Bailey, G.             Baker
Barfield               Baxley                 Beasley
Blackwell              Blanding               Boan
Bradley, J.            Brown, G.              Brown, H.
Brown, J.              Burch                  Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cole
Cooper                 Cork                   Corning
Dangerfield            Davenport              Day
Derrick                Edwards                Faber
Fair                   Ferguson               Foster
Gentry                 Gilbert                Gordon
Harris, J.             Harris, P.             Harvin
Haskins                Hayes                  Hearn
Helmly                 Hendricks              Hodges
Holt                   Huff                   Humphries
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Kirsh                  Klapman
Koon                   Lanford                Lewis
Lockemy                Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McGinnis               McKay                  McLellan
McLeod, E.B.           McTeer                 Neilson
Nesbitt                Nettles                Pearce
Pettigrew              Petty                  Phillips, O.
Rhoad                  Rice                   Rogers, T.
Rudnick                Sharpe                 Sheheen
Shelton                Short                  Simpson
Sturkie                Taylor                 Thrailkill
Townsend               Tucker                 Waldrop
Washington             Whipper                White
Wilder                 Wilkins                Williams
Winstead

Total--103

Those who voted in the negative are:

Total--0

So, having received the necessary two-thirds vote, the Resolution was adopted.

HOUSE RESOLUTION

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

H. 3849 -- Reps. E.B. McLeod, G. Brown, Baxley, Blanding and McElveen: A HOUSE RESOLUTION INVITING THE PALMETTO ASSOCIATION OF INDEPENDENT SCHOOLS CHAMPION WILSON HALL SCHOOL BARONS FOOTBALL TEAM AND ITS COACHES TO VISIT AND BE COMMENDED FOR ITS ACCOMPLISHMENTS IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 10:30 A.M. ON WEDNESDAY, MARCH 30, 1988.

Be it resolved by the House of Representatives:

That the Palmetto Association of Independent Schools champion Wilson Hall School Barons football team and its coaches are invited to visit and be commended for its accomplishments in the Hall of the House of Representatives at 10:30 a.m. on Wednesday, March 30, 1988.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3850 -- Rep. Lanford: A CONCURRENT RESOLUTION RECOGNIZING THE STONE SOUP STORYTELLING FESTIVAL IN WOODRUFF, IN SPARTANBURG COUNTY, AS ONE OF THE MOST OUTSTANDING FESTIVALS HELD IN THE STATE AND DESIGNATING IT AS "SOUTH CAROLINA'S OFFICIAL STORYTELLING FESTIVAL".

Whereas, in its third year, the Stone Soup Storytelling Festival in Woodruff in Spartanburg County is the oldest and the first storytelling festival held in the Palmetto State; and

Whereas, because of the exceptionally high calibre of its storytelling artists, the Stone Soup Storytelling Festival has had attendance from as far away as Birmingham, Alabama, and, recently, the National Geographic Society has requested detailed information with the prospect of featuring a story about the festival in its magazine; and

Whereas, in comparing the Stone Soup Storytelling Festival with a storytelling festival in eastern Tennessee which began about fifteen years ago and which now attracts an attendance of over ten thousand persons, it is not difficult to see that the Stone Soup Storytelling Festival will likely, in a few short years, be of great significance to South Carolina's Upcountry; and

Whereas, the third annual Stone Soup Storytelling Festival will be held on April 16, 1988, at Woodruff; and

Whereas, this festival has grown rapidly in stature and reputation and is clearly one of the most outstanding festivals of any type held in South Carolina each year; and

Whereas, it seems entirely fitting and appropriate to grant the Stone Soup Storytelling Festival the high recognition it deserves and to designate it as "South Carolina's Official Storytelling Festival". Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, recognizes the Stone Soup Storytelling Festival in Woodruff, in Spartanburg County, as one of the most outstanding festivals held in the State and designates it as "South Carolina's Official Storytelling Festival".

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3851 -- Reps. Arthur, O. Phillips, Edwards and Cooper: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MAJOR GENERAL (RETIRED) HARRY MOORE ARTHUR OF UNION COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

SILENT PRAYER

On motion of Rep. ARTHUR, with unanimous consent, the House stood in silent prayer in memory of retired Major General Harry Moore Arthur.

CONCURRENT RESOLUTION

The following was introduced:

H. 3852 -- Reps. E.B. McLeod, Baxley, McElveen, G. Brown, Blanding and Harvin: A CONCURRENT RESOLUTION TO DECLARE THAT IT IS NOT IN THE BEST INTEREST OF THE STATE OF SOUTH CAROLINA AT THIS TIME TO APPROVE ANY ADDITIONAL COMMERCIAL INCINERATION CAPACITY OR INCINERATION CAPACITY TO MANAGE ANY OPERATIONAL PRACTICES AT THE GSX FACILITY IN SUMTER COUNTY THAT MAY HAVE RESULTED IN ENVIRONMENTAL IMPAIRMENT IN THE PAST, AND TO REQUEST THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EXAMINE EXISTING COMMERCIAL CAPACITY AND THE REQUIREMENTS OF IN-STATE INDUSTRY AND THE RESULTS OF THIS EXAMINATION SHOULD BE CONSIDERED WHEN DETERMINING APPLICATIONS FOR THE ISSUANCE OF ANY INCINERATION PERMITS OR PERMITS FOR EXPANDED CAPACITY AT COMMERCIAL INCINERATORS.

The Concurrent Resolution was ordered referred to the Committee on Agriculture and Natural Resources.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1070 -- Senators Nell W. Smith, Doar, Thomas, Giese, Macaulay, Long, Shealy, McGill, Garrison, J. Verne Smith, Moore and Drummond: A CONCURRENT RESOLUTION TO RECOGNIZE FORESTRY AS THE THIRD LARGEST INDUSTRY IN SOUTH CAROLINA, TO EMPHASIZE THE IMPORTANCE OF THE FOREST WHICH HAS NEVER BEEN OF GREATER SIGNIFICANCE TO THIS STATE AND HER PEOPLE THAN NOW AS WE APPROACH THE TWENTY-FIRST CENTURY, AND TO ESTABLISH THE DEVELOPMENT AND MANAGEMENT OF OUR FORESTLANDS AS A STATE PRIORITY.

Whereas, forestry is the third largest industry in South Carolina, and, as a multimillion dollar business in every county, the industry contributes 3.5 billion dollars annually to the state's economy; and

Whereas, trees, South Carolina's leading cash crop, contributed 417 million dollars in 1986, and 850,000 tons of forest products were exported in that year making them the leading export commodity from South Carolina ports; and

Whereas, employment in the forestry sector of the state's economy exceeded 40,000 in 1986 with wages exceeding three-fourth's of a billion dollars; and

Whereas, the pulp and paper group in this State has the highest hourly wage of any manufacturing group; and

Whereas, the forestry sector of South Carolina has more than 1,275 firms and 213 major manufacturing facilities; and

Whereas, timberland accounts for sixty-three percent of South Carolina's total land area, and this is equivalent to 12.2 million acres. Beaufort County is the least forested with thirty-eight percent, and McCormick County is the most forested with ninety-two percent of its land classified as forestland; and

Whereas, forest industries are mostly pine based industries, with seventy-seven percent of the raw material used being pine; and

Whereas, sixty-nine percent of the raw material for the State's forest industries is provided by individual woodland owners, and there are 109,000 forest landowners with individuals owning sixty-eight percent of the forestland in South Carolina; and

Whereas, increased technological assistance is needed for private nonindustrial landowners to provide multi-use management plans and related follow-up support; and

Whereas, intensified law enforcement, fire prevention efforts, and the replacement of emergency fire suppression equipment are needed urgently to reduce high forest fire occurrence and the loss of valuable timberland; and

Whereas, the General Assembly supports development of a cooperative wood products marketing initiative to focus on underutilized forest resources and value-added manufacturing opportunities; and

Whereas, educating forest landowners and the general public is an essential first step to the development and use of the forest resource potential. Now, therefore,

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

That the members of the General Assembly recognize forestry as the third largest industry in South Carolina, desire to emphasize the importance of the forest which has never been of greater significance to this State and her people than now as we approach the twenty-first century, and establish the development and management of our forestlands as a state priority.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Forestry Commission.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1232 -- Senators Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Patterson, Peeler, Pope, Powell, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO PROPOSE AN AMENDMENT TO THE SIXTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION SO AS TO PROHIBIT CONGRESS FROM ENACTING LEGISLATION PROVIDING FOR THE COLLECTION OF INCOME TAXES RETROACTIVELY; TO INSURE THAT THE RIGHT OF THE STATES TO FINANCE THE PUBLIC PURPOSES ESTABLISHED BY THEM MAY NOT BE INFRINGED; TO PROHIBIT CONGRESS FROM TAXING DIRECTLY OR INDIRECTLY THE INCOME DERIVED FROM GENERAL OR SPECIAL OBLIGATIONS ISSUED BY OR ON BEHALF OF THE STATES, THEIR POLITICAL SUBDIVISIONS OR AUTHORIZED AUTHORITIES, AND TO PROHIBIT THE TAXATION OF THE PROCEEDS OF OR INCOME ON THESE PROCEEDS; AND TO PROHIBIT CONGRESS FROM TAXING OR RESTRICTING THESE OBLIGATIONS OR EXCLUDING AS DEDUCTIONS FROM INCOME, TAXES PAID PURSUANT TO THE LAWS OF ANY STATE OR INTEREST ON AMOUNTS BORROWED BY ANY FINANCIAL INSTITUTION TO PURCHASE OR CARRY THESE OBLIGATIONS.

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

INTRODUCTION OF BILLS

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

H. 3853 -- Rep. J. Bradley: A BILL TO AMEND CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, BY ADDING ARTICLE 11 SO AS TO AUTHORIZE THE DEPARTMENT TO ESTABLISH AND ADMINISTER A MOTORCYCLE RIDER SAFETY EDUCATION PROGRAM.

Referred to Committee on Education and Public Works.

H. 3854 -- Rep. J. Bradley: a BILL TO PROVIDE THAT LICENSED CHIROPRACTORS MUST BE PERMITTED STAFF PRIVILEGES, THE USE OF FACILITIES, AND THE RIGHT TO ADMIT PATIENTS AT ALL HOSPITALS IN THIS STATE IN THE SAME MANNER AND SUBJECT TO THE SAME RULES THAT LICENSED PHYSICIANS ARE, AND TO REQUIRE HOSPITALS AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONFORM THEIR BYLAWS OR REGULATIONS IN ORDER FOR THEM TO BE CONSISTENT WITH THE PROVISIONS OF THIS ACT.

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

H. 3855 -- Reps. Carnell, J. Rogers, Wilkins, Felder, Petty, Harvin, L. Martin, Chamblee, T.M. Burriss, M.D. Burriss, McAbee, Mattos, Nesbitt, McLellan, Edwards, Winstead, Wilder, Williams, Simpson, Hendricks, Aydlette, Hearn, McKay, McCain, Tucker, Foxworth, J.H. Burriss, T.C. Alexander, D. Martin, Faber, Baker, McBride, G. Brown, Rhoad, Cork, Snow, Cooper, G. Bailey, H. Brown, Taylor, Elliott, Kirsh, Blanding, Mappus, Kohn, Townsend, Rice, Arthur, Corning, Kay, Holt, M.O. Alexander and Blackwell: A BILL TO AMEND SECTION 58-9-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE COMPANIES AND THE REQUIREMENT THAT SCHEDULES MUST BE ADHERED TO, SO AS TO AUTHORIZE THE PUBLIC SERVICE COMMISSION, UNDER CERTAIN CONDITIONS, TO ALLOW SERVICE TO BE OFFERED TO THE PUBLIC WITHOUT THE RELATED SCHEDULES BEING FILED, TO PROVIDE THAT THE COMMISSION SHALL RETAIN REGULATORY AUTHORITY OVER THE RATES, REVENUES, INVESTMENTS, EXPENSES, AND QUALITY OF SERVICE OFFERED, AND PROVIDE THAT THE CHARGES FOR SERVICES OFFERED BY THE UTILITY PURSUANT TO CERTAIN PROVISIONS OF THIS SECTION MUST BE PROVIDED AT A CERTAIN LEVEL.

Referred to Committee on Judiciary.

H. 3856 -- Reps. Sharpe and Jones: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-61-85 SO AS TO PROVIDE THAT A PERSON'S EMERGENCY MEDICAL TECHNICIAN CERTIFICATE SHALL REMAIN IN FORCE AFTER ITS SCHEDULED EXPIRATION DATE IF REQUIRED REFRESHER COURSES OR INSERVICE TRAINING PROGRAMS ARE NOT OFFERED UNDER CERTAIN CONDITIONS DURING THE CERTIFICATION PERIOD.

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

Rep. RICE objected.

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

S. 639 -- Senator Pope: A BILL TO AMEND ACT 462 OF 1893, AS AMENDED, RELATING TO THE FARMER'S MUTUAL INSURANCE ASSOCIATION OF NEWBERRY, SOUTH CAROLINA, SO AS TO EXPAND THE COUNTIES IN WHICH THE ASSOCIATION IS AUTHORIZED TO DO BUSINESS.

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

S. 1062 -- Senators Drummond, Patterson, Williams and Leventis: A BILL TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF EXAMINERS IN SPEECH PATHOLOGY AND AUDIOLOGY FOR SIX YEARS.

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

S. 1079 -- Senators Doar, McLeod and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-70 TO ARTICLE 1, CHAPTER 1, TITLE 9, SO AS TO PROVIDE FOR THE RETIREMENT SYSTEM TO DEVELOP AN OPTIONAL LONG TERM CARE INSURANCE PROGRAM.

Referred to Committee on Ways and Means.

S. 1195 -- Senator Williams: A BILL TO AMEND SECTION 14-7-1780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVIDING OF SPACE FOR THE STATE GRAND JURY TO MEET AND THE APPROPRIATION OF FUNDS FOR THE OPERATION OF THE STATE GRAND JURY, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL RATHER THAN THE IMPANELING JUDGE SHALL MAKE SUITABLE SPACE AVAILABLE FOR THE STATE GRAND JURY AND TO PROVIDE THAT THE FUNDS FOR THE OPERATION OF THE STATE GRAND JURY MUST BE APPROPRIATED TO THE ATTORNEY GENERAL'S OFFICE RATHER THAN TO THE JUDICIAL DEPARTMENT.

Referred to Committee on Ways and Means.

CONCURRENT RESOLUTION

The following was introduced:

H. 3857 -- Rep. Harvin: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS TO MR. CARL ROACH OF CLARENDON COUNTY UPON BEING ELECTED BY THE MEMBERS OF THE SOUTH CAROLINA BROADCASTERS ASSOCIATION TO THE OFFICE OF PRESIDENT-ELECT OF THE ASSOCIATION.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 3858 -- Reps. Harvin, Klapman and Taylor: a CONCURRENT RESOLUTION DESIGNATING MAY 23, 1988 (WHICH IS THE BICENTENNIAL ANNIVERSARY OF SOUTH CAROLINA'S RATIFICATION OF THE UNITED STATES CONSTITUTION) AS "RATIFICATION DAY" IN SOUTH CAROLINA AND AUTHORIZING THE UNITED STATES CONSTITUTION BICENTENNIAL COMMISSION OF SOUTH CAROLINA TO PLAN APPROPRIATE CEREMONIES TO TAKE PLACE IN THE STATE HOUSE AND ON THE STATE HOUSE GROUNDS THAT DAY, WITHOUT CHARGE, IN OBSERVANCE AND COMMEMORATION OF THIS HISTORIC OCCASION.

Whereas, the Constitution of the United States was ratified by the State of South Carolina on May 23, 1788, and the Palmetto State became the eighth state to do so; and

Whereas, the two-hundredth anniversary of this important event in the history of South Carolina and the nation will fall on Monday, May 23, 1988; and

Whereas, it is desirable that this great event in the life of our State and nation be properly observed by all of the people and that suitable ceremonies be held at the State House and throughout the State to commemorate the anniversary of the ratification of the Constitution of the United States by the State of South Carolina in order that every South Carolinian may come to a better understanding of the importance of this great document of human liberty; and

Whereas, the United States Postal Service will hold special ceremonies at the State House for the first-day issue of a special South Carolina statehood postage stamp in commemoration of South Carolina's ratification of the United States Constitution; and

Whereas, the United States Constitution Bicentennial Commission of South Carolina will honor the request of the United States Constitution Sesquicentennial Commission of South Carolina that the special time vault placed in the State House in 1938 be opened on South Carolina's Ratification Day fifty years thereafter; and

Whereas, it behooves state and local government officials and the State's educators to emphasize and direct the attention of our citizens to the importance of the role that South Carolina played in the development of the nation. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, designates May 23, 1988 as "Ratification Day" in South Carolina and authorizes the Unites States Constitution Bicentennial Commission of South Carolina to plan appropriate ceremonies to take place in the State House and on the State House grounds that day, without charge, in observance and commemoration of the historic bicentennial anniversary of South Carolina's ratification of the United States Constitution.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1235 -- Senators Lourie, Giese, Patterson, Courson and Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY, FRIENDS, AND MANY ADMIRERS OF FORMER COLUMBIA MAYOR LESTER L. BATES WHO DIED WEDNESDAY, FEBRUARY 24, 1988.

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

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Bradley, J.            Brown, G.              Brown, H.
Brown, J.              Brown, R.              Burch
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Cork
Corning                Dangerfield            Davenport
Day                    Edwards                Faber
Fair                   Ferguson               Foster
Foxworth               Gentry                 Gilbert
Gordon                 Harris, J.             Harris, P.
Harvin                 Haskins                Hayes
Hearn                  Helmly                 Hendricks
Hodges                 Holt                   Huff
Humphries              Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Keyserling
Kirsh                  Klapman                Koon
Lanford                Lewis                  Limehouse
Lockemy                Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McElveen               McGinnis               McKay
McLellan               McLeod, E.B.           McLeod, J.W.
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Pearce
Pettigrew              Petty                  Phillips, L.
Phillips, O.           Rhoad                  Rice
Rogers, T.             Rudnick                Sharpe
Sheheen                Shelton                Short
Simpson                Snow                   Stoddard
Sturkie                Taylor                 Thrailkill
Townsend               Tucker                 Waldrop
Washington             Wells                  Whipper
White                  Wilder                 Wilkins
Williams               Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on February 25, 1988.

Paul Derrick                      John Felder
Robert Kohn                       Philip T. Bradley
Dick Elliott
Total Present--121

STATEMENT OF ATTENDANCE

Reps. T.M. BURRISS, EDWARDS and McELVEEN signed a statement with the Clerk that they came in after the roll call and were present for the Session on Wednesday, February 24, 1988.

R. 347, H. 3313--RECONSIDERED AND OVERRIDDEN

Rep. McABEE moved to reconsider the vote whereby the veto on the following Bill was sustained, which was agreed to.

(R347) H. 3313 -- Reps. J. Bradley, Boan and J.W. McLeod: AN ACT TO AMEND SECTIONS 38-15-10 AND 38-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURETY INSURERS AND THE SPECIAL AUTHORITY REQUIRED FOR WRITING CERTAIN BONDS, FORMS OF THE BONDS, AND THE WITHDRAWAL OF THE SPECIAL AUTHORITY, SO AS TO DELETE THE GOVERNOR FROM THE LIST OF STATE OFFICIALS AUTHORIZED TO ACT UNDER THESE PROVISIONS; TO AMEND SECTION 38-15-40, RELATING TO THE EFFECT OF REDUCTION IN THE VALUE OF BONDS DEPOSITED BY A SURETY INSURER, SO AS TO PROVIDE THAT WHEN THE BONDS REQUIRED OF AN INSURER IN SECTION 38-15-30 ARE REDUCED BELOW THE VALUE OF ONE HUNDRED THOUSAND, RATHER THAN FIFTY THOUSAND DOLLARS, EXCEPT BY UNEXPECTED FLUCTUATION IN VALUE, THE RIGHT OF THAT INSURER TO DO BUSINESS MAY BE REVOKED OR SUSPENDED; AND TO AMEND SECTION 38-15-50, RELATING TO THE DEPOSIT OF CASH IN TRUST BY A SURETY INSURER IN LIEU OF GIVING BOND OR DEPOSITING SECURITIES, SO AS TO PROVIDE THAT IN LIEU OF DEPOSITING BONDS WITH A MARKET VALUE OF ONE HUNDRED THOUSAND, RATHER THAN FIFTY THOUSAND DOLLARS, AN INSURER MAY SATISFY SECTION 38-15-30 BY DEPOSITING ONE HUNDRED THOUSAND, RATHER THAN FIFTY THOUSAND, DOLLARS IN CASH IN THE NAME OF THE CHIEF INSURANCE COMMISSIONER WITH THE TRUST DEPARTMENT OF A NATIONAL OR STATE BANK OF THIS STATE APPROVED BY THE CHIEF INSURANCE COMMISSIONER.

The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 81; Nays 27

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, G.             Bailey, K.
Barfield               Baxley                 Beasley
Bennett                Blackwell              Blanding
Boan                   Bradley, J.            Brown, G.
Brown, J.              Burch                  Chamblee
Cooper                 Dangerfield            Davenport
Day                    Faber                  Felder
Ferguson               Foster                 Gentry
Gilbert                Gordon                 Harris, J.
Harris, P.             Harvin                 Hayes
Helmly                 Hendricks              Hodges
Holt                   Huff                   Johnson, J.W.
Jones                  Kay                    Keyserling
Kirsh                  Kohn                   Lewis
Lockemy                Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McEachin               McGinnis               McKay
McLeod, E.B.           McTeer                 Moss
Neilson                Nesbitt                Nettles
Pearce                 Petty                  Rhoad
Rice                   Rogers, T.             Rudnick
Sharpe                 Sheheen                Shelton
Short                  Snow                   Taylor
Townsend               Tucker                 Waldrop
Washington             Whipper                White     -     i
Wilder                 Williams               Winstead

Total--81

Those who voted in the negative are:

Baker                  Brown, H.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Cole                   Cork                   Corning
Fair                   Foxworth               Haskins
Hearn                  Humphries              Klapman
Koon                   Lanford                Mappus
McCain                 McLellan               Pettigrew
Phillips, O.           Simpson                Stoddard
Sturkie                Thrailkill             Wells

Total--27

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

SENT TO THE SENATE

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.

H. 3827 -- Reps. R. Brown and J.W. McLeod: A BILL TO PROVIDE THAT THE WILLIAMS PARK SUBDIVISION NEAR THE TOWN OF MULLINS CONSTITUTES A PART OF SCHOOL DISTRICT NUMBER TWO OF MARION COUNTY; AND TO RELIEVE THE RESIDENTS OF THE SUBDIVISION OF THE TAX OBLIGATIONS IMPOSED ON RESIDENTS OF SCHOOL DISTRICT NUMBER ONE OF MARION COUNTY AND PROVIDE THAT THEY SHALL ASSUME THE TAX OBLIGATIONS IMPOSED ON RESIDENTS OF SCHOOL DISTRICT NUMBER TWO OF MARION COUNTY.

H. 2680 -- Rep. McTeer: A BILL TO AMEND CHAPTER 9, TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLARK'S HILL-RUSSELL AUTHORITY, BY ADDING SECTION 13-9-35 SO AS TO PROVIDE THAT THE AUTHORITY MAY EXERCISE ANY OF THE POWERS AND DUTIES CONVEYED UNDER THE PROVISIONS OF SECTION 13-9-30 IN THE ENTIRE COUNTY OF ANY COUNTY OR PORTION OF ANY COUNTY WHICH BORDERS THE SAVANNAH RIVER.

H. 2329 -- Reps. Huff, Sheheen, Toal and Hayes: A BILL TO AMEND SUBARTICLE 1 OF ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABUSED, NEGLECTED, AND DELINQUENT CHILDREN, BY ADDING SECTION 20-7-770 SO AS TO REQUIRE THAT CERTAIN CONVICTIONS OF CRIMES BY JUVENILES BE REPORTED TO THE STATE LAW ENFORCEMENT DIVISION, TO REQUIRE THAT THIS INFORMATION BE ADMISSIBLE ONLY AT THE SENTENCING PHASE OF A TRIAL, AND PROVIDE A PENALTY FOR UNAUTHORIZED DISSEMINATION.

H. 2395 -- Reps. Evatt, Beasley, Hayes and Huff: A BILL TO AMEND CHAPTER 1, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COURTS BY ADDING SECTION 14-1-185 SO AS TO PROVIDE FOR EXPEDITED PROCEEDINGS IN CRIMINAL AND FAMILY COURT CASES INVOLVING A CHILD VICTIM; TO AMEND CHAPTER 1, TITLE 19, RELATING TO EVIDENCE BY ADDING SECTION 19-1-170 SO AS TO PROVIDE THAT AN OUT-OF-COURT STATEMENT MADE BY A CHILD LESS THAN TWELVE YEARS OF AGE THAT IS A MATERIAL ELEMENT TO CERTAIN CRIMES MAY BE ADMITTED INTO EVIDENCE UNDER CERTAIN CIRCUMSTANCES; TO AMEND CHAPTER 11, TITLE 19, RELATING TO COMPETENCY OF WITNESSES, BY ADDING SECTION 19-11-35 SO AS TO PROVIDE THAT EVERY CHILD IS COMPETENT TO BE A WITNESS IN ANY JUDICIAL PROCEEDING, AND BY ADDING SECTION 19-11-110 SO AS TO PERMIT THE TESTIMONY OF A CHILD LESS THAN SIXTEEN YEARS OF AGE WHO IS THE VICTIM OF AN UNLAWFUL SEXUAL OFFENSE BY CLOSED CIRCUIT TELEVISION UNDER CERTAIN CONDITIONS; TO AMEND CHAPTER 17, TITLE 19, RELATING TO EXAMINATION OF WITNESSES BY DEPOSITIONS BY ADDING SECTION 19-17-100 SO AS TO PERMIT THE TAKING OF A VIDEOTAPE DEPOSITION OF A CHILD LESS THAN SIXTEEN YEARS OF AGE WHO IS THE VICTIM OF AN UNLAWFUL SEXUAL OFFENSE IN CERTAIN CASES, TO PROVIDE THE PROCEDURES TO BE USED IN THESE VIDEOTAPE DEPOSITIONS, AND TO AUTHORIZE THE ADMISSION INTO EVIDENCE OF THIS DEPOSITION AT TRIAL UNDER CERTAIN CONDITIONS.

H. 3293 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-190 SO AS TO DEFINE AS A PRIMITIVE WEAPON A RIFLE, .36 CALIBER OR LARGER, WITH A ONE-EIGHTH INCH NONMAGNIFIED PEEP SITE ON THE REAR OF THE BARREL.

H. 3474 -- Rep. Gregory: A BILL TO AMEND SECTION 16-23-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGING FIREARMS AT OR INTO DWELLINGS, SO AS TO PROVIDE IT IS UNLAWFUL ALSO TO DISCHARGE FIREARMS AT OR INTO ANY BUILDING OR STRUCTURE REGULARLY OCCUPIED BY PERSONS.

H. 3567 -- Rep. Hayes: A BILL TO AMEND ARTICLE 1, CHAPTER 49, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD AND OTHER EXEMPTIONS, SO AS TO REVISE THE PROCEDURES WHICH MUST BE FOLLOWED IN JUDICIAL SALES OF PROPERTY WHICH IS SUBJECT TO THESE EXEMPTIONS AND TO REPEAL ARTICLE 3 AND ARTICLE 5 OF CHAPTER 41, TITLE 15, RELATING TO HOMESTEAD AND OTHER EXEMPTIONS.

H. 3776 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO THE SOUTH CAROLINA MERIT RATING PLAN, DESIGNATED AS REGULATION DOCUMENT NUMBER 940, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3778 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO REFUSAL TO WRITE, NONRENEWAL, AND CANCELLATION OF INSURANCE ON MOTOR VEHICLES, DESIGNATED AS REGULATION DOCUMENT NUMBER 937, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3780 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO RESPIRATORY CARE PRACTITIONERS ENTITLED ANNUAL RENEWAL AND LATE FEES AND CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 861, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3781 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO RESPIRATORY CARE PRACTITIONERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 933, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3782 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO WHOLESALE DRUG DISTRIBUTION AND MANUFACTURERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 941, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3783 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID: SCOPE OF THE PROGRAM; ELIGIBILITY FOR THE MEDICAL ASSISTANCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 951, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3585 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 33, CHAPTER 17, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES AND LIABILITIES FOR ACTIONS PERTAINING TO RAILROADS, BY ADDING SECTION 58-17-4095 SO AS TO PROHIBIT VEHICULAR TRESPASS ON RAILROAD RIGHTS-OF-WAY IN SOUTH CAROLINA.

H. 3794 -- Rep. Gentry: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SALUDA YOUNG FARMERS CHAPTER IN SALUDA COUNTY.

H. 3821 -- Rep. McTeer: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF STAFFORD LODGE NO. 216, ANCIENT FREE MASONS, OF HAMPTON COUNTY.

ORDERED TO THIRD READING

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

S. 1207 -- Senator Hinson: A BILL TO ESTABLISH THE LANCASTER COUNTY SCHOOL DISTRICT, TO ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR THE ELECTION OF TRUSTEES, TO ABOLISH THE COUNTY BOARD OF EDUCATION AND THE DISTRICT SUPERINTENDENT OF EDUCATION AND DEVOLVE THEIR DUTIES AND RESPONSIBILITIES UPON THE BOARD OF TRUSTEES; AND TO REPEAL ACT 848 OF 1976 RELATING TO THE ELECTION AND COMPOSITION OF THE LANCASTER COUNTY BOARD OF EDUCATION AND THE AREA BOARDS OF TRUSTEES OF THE SCHOOL DISTRICT OF THE COUNTY.

H. 3652 -- Reps. Kirsh, Nesbitt, Foster, Klapman and McLellan: A BILL TO AMEND SECTION 5-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAXES BY MUNICIPALITIES, SO AS TO DELETE THE PROVISIONS RELATING TO THE COLLECTION OF REASONABLE EXPENSES NOT TO EXCEED FIVE PERCENT OF THE DELINQUENT TAXES AND PENALTIES INCURRED IN CONNECTION WITH EXECUTIONS AND ADD A PROVISION WHICH ALLOWS A MUNICIPALITY TO ADD THE EXPENSE OF THE LEVY, SEIZURE, AND SALE AND COLLECTED AS ADDITIONAL EXECUTION COSTS TO INCLUDE THE EXPENSE OF TAKING POSSESSION OF REAL OR PERSONAL PROPERTY, ADVERTISING, STORAGE, IDENTIFYING THE BOUNDARIES OF THE PROPERTY, AND MAILING CERTIFIED NOTICES.

H. 3670 -- Reps. McLellan, Toal and Kirsh: A BILL TO AMEND ARTICLE 9, CHAPTER 9, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROJECTING AND FORECASTING STATE REVENUES AND EXPENDITURES, BY ADDING SECTION 11-9-825 SO AS TO AUTHORIZE THE BOARD OF ECONOMIC ADVISORS TO ESTABLISH AN ADVISORY BOARD; TO AMEND SECTION 11-9-820, RELATING TO THE MEMBERSHIP OF THE BOARD, SO AS TO ENLARGE AND CHANGE THE COMPOSITION OF THE BOARD AND PROVIDE FOR STAFFING, ADMINISTRATIVE, AND LOGISTICAL SUPPORT BY THE DIRECTOR OF RESEARCH AND STATISTICAL SERVICES DIVISION OF THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 11-9-830, RELATING TO THE DUTIES OF THE BOARD, SO AS TO REQUIRE THE BOARD TO CERTIFY THE REVENUE PROJECTIONS USED AT EACH STAGE OF THE APPROPRIATIONS PROCESS.

H. 3696 -- Reps. Helmly and Carnell: A JOINT RESOLUTION TO AMEND SECTION 40, PART I, ACT 170 OF 1987 (THE GENERAL APPROPRIATIONS ACT), RELATING TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO DELETE THE PROVISO THAT ONE MILLION DOLLARS OF THE ADDITIONAL GENERAL FUNDS APPROPRIATED FOR NURSING HOME PROVIDERS AND MATCHING FEDERAL FUNDS MUST BE EXPENDED ON NURSING HOME SERVICE RENDERED IN CERTAIN BEDS AND FACILITIES; AND TO PROVIDE THAT FUNDS BECOMING AVAILABLE AS A RESULT OF THE DELETION OF THE PROVISO MUST BE USED TO PROVIDE MEDICAID SERVICES TO NURSING HOME ELIGIBLE CLIENTS IN THE COMMUNITY LONG TERM CARE PROGRAM FOR FISCAL YEAR 1987-88.

Rep. HELMLY explained the Joint Resolution.

H. 3824 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, SOUTH CAROLINA CROP PEST COMMISSION, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 934, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1207--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. HODGES, with unanimous consent, it was ordered that S. 1207 be read the third time tomorrow.

RETURNED TO THE SENATE WITH AMENDMENT

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

S. 725 -- Senator Mitchell: A BILL TO AMEND SECTION 58-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE REGIONAL TRANSPORTATION AUTHORITY LAW, SO AS TO DEFINE FINANCIAL CONTRIBUTION; AND TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO THE AUTHORITY'S BOARD MEMBERS AND EMPLOYEES, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE THREE ADDITIONAL MEMBERS OF THE BOARD BY THE LEGISLATIVE DELEGATIONS OF THE MEMBER COUNTIES AND METHODS OF APPORTIONMENT OF THE BOARD MEMBERS.

LEAVE OF ABSENCE

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

S. 350--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 350 -- Corrections and Penology Committee: A BILL TO PROVIDE THAT EVERY SOLICITOR SHALL FURNISH THE APPROPRIATE CLERK OF COURT WITH A COPY OF ARREST WARRANTS, INCIDENT REPORTS, CRIMINAL CONVICTION RECORDS, AND THE PRESENTENCE INVESTIGATION OF EACH DEFENDANT SENTENCED TO A TERM OF IMPRISONMENT IN EXCESS OF NINETY DAYS, TO PROVIDE THAT THE CLERK OF COURT SHALL ATTACH A COPY OF THESE REPORTS TO THE PRISONER'S COMMITMENT PAPERS, AND TO PROVIDE THAT THE SOLICITOR AND CLERK OF COURT SHALL ALSO INSURE THAT ALL COMMITMENT ORDERS PERTAINING TO DEFENDANTS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS ARE REMITTED TO THE DEPARTMENT OF CORRECTIONS WITHIN TEN DAYS AFTER THE ADJOURNMENT OF THAT TERM OF COURT.

AMENDMENT NO. 1--TABLED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, February 24, by the Committee on Judiciary.

Rep. WILKINS moved to table the amendment, which was agreed to.

Reps. WILKINS and TUCKER proposed the following Amendment No. 2 (Doc. No. 2191J), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Every clerk of court shall report the disposition of each case in the Court of General Sessions to the State Law Enforcement Division within thirty days of disposition. The disposition report must be in a format approved by representatives of the State Law Enforcement Division and the office of court administration. With the approval of the State Law Enforcement Division and the office of court administration. this reporting requirement may be satisfied by use of General Sessions docket information transmitted to the office of court administration.

SECTION 2. This act takes effect on July 1, 1989./

Renumber sections to conform.

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

ACTING SPEAKER HELMLY IN CHAIR
H. 3822--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3822 -- Ways and Means Committee: A BILL TO AMEND SECTION 11-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL FUND RESERVE, CAPITAL EXPENDITURE FUND, AND OTHER FISCAL MATTERS, SO AS TO REDUCE FROM FOUR TO THREE PERCENT OF GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR THE AMOUNT WHICH MUST BE MAINTAINED IN THE GENERAL FUND RESERVE, AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT ARE NOT EFFECTIVE UNTIL THE GENERAL ASSEMBLY APPROVES BY A JOINT RESOLUTION THE AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF THIS STATE WHICH ADDS SECTION 38 REQUIRING A CAPITAL EXPENDITURE FUND EQUAL TO TWO PERCENT OF GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR AND PROVIDING WHEN AND THE PURPOSES FOR WHICH THE MONIES FROM THE FUND MAY BE EXPENDED.

Reps. SHEHEEN and McLELLAN proposed the following Amendment No. 1 (Doc. No. 2176J), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Article 3, Chapter 11, Title 11 of the 1976 Code is amended to read:

"Article 3
Reserve Fund
General Reserve Fund and
Capital Reserve Fund

Section 11-11-310. The General Assembly recognized (1) the uncertainties of the future will always make it impossible to accurately project revenue upon which appropriations are make; (2) the fluctuations in economic conditions are difficult to anticipate to the extent necessary to avoid financing problems; (3) that in the interest of stability and financial prudence, some control and limit be imposed upon the appropriations process that will insure and secure a reserve fund as provided for herein. The limitations upon the appropriations process as herein provided are intended to express the intent of the General Assembly to stabilize the budgetary precess and prevent year-end deficits.

(A) The State Budget and Control Board shall provide for a General Fund Reserve General Reserve Fund. Funds accumulation in excess of the annual operating expenditures shall must be transferred to the General Fund Reserve General Reserve Fund and the transfer must continue to be made in succeeding fiscal years until the accumulated total in this reserve reaches an amount equal to four three percent of the General Fund Revenue general fund revenue of the latest completed fiscal year.

(B) In the event of If there is a year-end operating deficit, so much of the Reserve Fund General Reserve Fund as may be is necessary must be used to cover the deficit. The amount so applied must be restored to the General Reserve Fund out of future revenues as provided in section 36 of Article III of the constitution of this State and out of surpluses as herein provided in this section until the four three percent maximum is again reached and actually maintained.

The General Assembly beginning with fiscal year 1985-86 in the annual General Appropriations Act shall appropriate into a Capital Expenditure Fund which is separate and distinct from the General Reserve Fund the following amounts:

1.     For fiscal year 1985-86, the amount appropriated must be one-half of one percent of the general fund revenue estimate for that year;

2.     For fiscal year 1986-87, the amount appropriated must be one percent of the general fund revenue estimate for that year;

3.     For fiscal year 1987-88, the amount appropriated must be one and one-half percent of the general fund revenue estimate for that year;

4.     For fiscal year 1988-89, the amount appropriated must be two percent of the general fund revenue estimate for that year;

5.     For fiscal year 1989-90 and for each fiscal year thereafter, the amount appropriated must be two and one-half percent of the general fund revenue estimate for that year.

This appropriation must be contained in the Ways and Means Committee report on the General Appropriations Bill, the General Appropriations Bill at the time of third reading in the House of Representatives, the Senate Finance Committee report on the General Appropriations Bill, the General Appropriations Bill at the time of a third reading in the Senate, and in any conference report on the General Appropriations Bill.

Revenues in this Capital Expenditure Fund may be appropriated by the General Assembly in separate legislation for the purpose of accelerating the retirement of state bonded indebtedness or for the purpose of avoiding the issuance of bonds for projects that are authorized but not issued. If the Board of Economic Advisors' revenue forecast to the Budget and Control Board at any time during a fiscal year projects that revenues at the end of the fiscal year will be less than appropriated expenditures for that year, the Budget and Control Board in mandating reductions during the fiscal year to eliminate the projected deficit must first reduce to te extent necessary the current year's appropriation to the Capital Expenditure Fund prior to mandating any cuts in operating appropriations.

In the event of a year-end surplus accumulating in excess of 5% as herein provided, such surplus in excess of the 5% Reserve Fund shall be held and may be transferred to the Reserve Fund by the General Assembly or shall be appropriated by the General Assembly in the following priority order: (1) for capital improvements of other nonrecurring purposes; (2) for purposes for which bonds have been previously authorized but not yet issued, so as to eliminate the necessity of incurring such indebtedness; and (3) for such other purposes as are not directly related to recurring costs of the State Government.

Section 11-11-320. (A) The General Assembly, in the annual General Appropriations Act, shall appropriate into a Capital Reserve Fund, which is separate and distinct from the General Reserve Fund, two percent of the general fund revenue of the latest completed fiscal year.

(B) This appropriation must be contained in the Ways and Means Committee report on the general appropriations bill, the general appropriations bill at the time of third reading in the House of Representatives, the Senate Finance Committee report on the general appropriations bill, the general appropriations bill at the time of a third reading in the Senate, and in any conference report on the general appropriations bill.

(C) Revenues in the Capital Reserve Fund only may be used in the following manner:

(1) If, prior to March first of a fiscal year, the Board of Economic Advisors' revenue forecast to the State Budget and Control Board projects that revenues at the end of the fiscal year will be less than appropriated expenditures for that year, the Board in mandating reductions during the fiscal year to eliminate the projected deficit must first reduce to the extent necessary the current year's appropriations to the Capital Reserve Fund prior to mandating any cuts in operating appropriations.

(2) After March first of a fiscal year, monies from the Capital Reserve Fund may be appropriated by the General Assembly for the following purposes:

(a) to finance in cash previously authorized capital improvement projects;

(b) to retire interest or principal on bonds previously issued;

(c) for capital improvements or other nonrecurring purposes which must be accomplished in separate legislation. However, all monies spent for capital improvements or other nonrecurring purposes must be ranked in priority of expenditure and not be funded until thirty days after completion of the fiscal year. Any capital improvement or nonrecurring purpose for which money is appropriated under the provisions of this subitem not fully funded must be cancelled and these funds shall lapse and be credited to the Capital Reserve Fund."

SECTION 2. Section 11-11-70 of the 1976 Code is amended to read:

"Section 11-11-70. (A) Within five days after the beginning of each regular session of the General Assembly the State Budget and Control Board shall submit to the presiding officer of each house printed copies of a budget, based on its own conclusions and judgments, containing a complete and itemized plan of all proposed expenditures for each State state department, bureau, division, officer, board, commission, institution, or other agency or undertaking, classified by functions, character, and object, and of estimated revenues and borrowings, for each year, beginning with the first day of July thereafter the next fiscal year. Opposite each item of the proposed expenditures the budget shall show in separate parallel columns the amount appropriated for the last preceding appropriation year, for the current appropriation year and the increase or decrease.

(B) The budget which is submitted by the board to the presiding officer of each house must conform to the funding requirements contained in Section 36 of Article III of the Constitution of this State."

SECTION 3. Section 11-9-900 of the 1976 Code is repealed.

SECTION 4. This act takes effect upon approval by the General Assembly of Joint Resolution H. 3823./

Amend title to conform.

Rep. SHEHEEN explained the amendment.

The amendment was then adopted.

The yeas and nays were taken resulting as follows:

Yeas 107; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Bradley, J.            Brown, G.              Brown, J.
Brown, R.              Burch                  Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Cork                   Corning                Dangerfield
Davenport              Derrick                Faber
Fair                   Felder                 Ferguson
Foster                 Foxworth               Gentry
Gilbert                Gordon                 Harris, J.
Harris, P.             Harvin                 Haskins
Hayes                  Hearn                  Helmly
Hendricks              Hodges                 Holt
Huff                   Humphries              Johnson, J.C.
Johnson, J.W.          Jones                  Kay
Keyserling             Kirsh                  Klapman
Kohn                   Koon                   Lanford
Lewis                  Lockemy                Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McCain                 McEachin
McElveen               McGinnis               McLellan
McLeod, E.B.           McTeer                 Moss
Neilson                Nesbitt                Nettles
Pearce                 Pettigrew              Petty
Phillips, O.           Rhoad                  Rice
Rogers, T.             Rudnick                Sharpe
Sheheen                Shelton                Short
Simpson                Snow                   Sturkie
Taylor                 Thrailkill             Tucker
Waldrop                Washington             Wells
Whipper                White                  Wilder
Wilkins                Winstead

Total--107

Those who voted in the negative are:

Total--0

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

H. 3822--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 3822 be read the third time tomorrow.

H. 3823--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 3823 -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 38, SO AS TO REQUIRE A CAPITAL EXPENDITURE FUND EQUAL TO TWO PERCENT OF GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR, AND PROVIDE WHEN AND THE PURPOSES FOR WHICH THE MONIES FROM THE FUND MAY BE EXPENDED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. It is proposed that Article III of the Constitution of this State be amended by adding:

"Section 38. (A) The General Assembly shall provide for a Capital Expenditure Fund equal to two percent of the general fund revenue of the latest completed fiscal year.

(B) If, before March first of a fiscal year, the general fund does not attain the amount which is projected, monies from the Capital Expenditure Fund may only be expended to offset budget reductions resulting from the failure of the general fund attaining its proJected amount.

(C) After March first of a fiscal year, monies from the Capital Expenditure Fund may be appropriated by the General Assembly for the following purposes and in order of priority and each must be accomplished in separate legislation:

(1) to finance in cash previously authorized capital improvement projects;

(2) to retire bond principal on bond issues of higher interest rates;

(3) for capital improvements or other nonrecurring purposes which must be accomplished in separate legislation.

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:

"Must Article III of the Constitution be amended by adding Section 38 to require a Capital Expenditure Fund equal to two percent of the General Fund Revenue of the latest completed fiscal year, and provide that before March first the fund may be used to offset mid-year budget reductions and after March first monies from the fund may be appropriated in separate legislation by the General Assembly to finance in cash previously authorized capital improvement projects, retire bond principal on bond issues of higher interest rates, and for capital improvements or other nonrecurring purposes?

Yes [ ]
No [ ]

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'.

AMENDMENT NO. 1-TABLED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, February 24, by Reps. SHEHEEN and McLELLAN.

Rep. SHEHEEN moved to table the amendment, which was agreed to.

Reps. SHEHEEN and McLELLAN proposed the following amendment No. 2 (Doc. No. 2178J), which was adopted.
Amend the Joint Resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. There is proposed that Section 36 of Article III of the Constitution of this State be amended to read:
"Section 36. (A) The General Assembly shall provide for a General Fund Reserve Fund of four three percent of the general fund revenue of the latest completed fiscal year. Funds may be withdrawn from the reserve only for the purpose of covering operating deficits of state government. The General Assembly must provide for the orderly restoration of funds withdrawn from the reserve from future revenues.
(1) The General Assembly shall provide by law for a procedure to survey the progress of the collection of revenue and the expenditure of funds and to authorize and direct reduction of appropriations as may be necessary to prevent a deficit.

Upon implementation of the provisions of this section, the percentage rate of general fund revenue may be reduced to three or increased to five percent by the special vote provided in this section.

During the regular session of the General Assembly in 1990 and during every fifth annual regular session thereafter, the General Assembly shall conduct and complete a review of the law implementing this section. Unless during such session that review results in an amendment to or repeal of the law implementing this section, which must be accomplished by the special vote provided in this section, the existing percentage rate shall remain unchanged.

The special vote referred to in this section means an affirmative vote in each branch of the General Assembly by two-thirds of the members present and voting, but not less than three-fifth of the total membership of each branch.

(2) In the event of a year-end operating deficit, so much of the reserve fund as may be necessary must be used to cover the deficit; and the amount must be restored to the reserve fund within three fiscal years of future revenues until four three percent general fund reserve is again reached and maintained. Provided that a minimum of one percent of the general fund revenue of the latest completed fiscal year must be restored to the reserve fund each year the first two three fiscal years following the deficit a and two percent of the general fund revenue of the latest completed fiscal year must be restored to the reserve fund the third fiscal year following the deficit until the three percent General Reserve Fund is restored.

(B) The General Assembly shall provide annually for a Capital Reserve Fund equal to two percent of the general fund revenue of the latest completed fiscal year.

(1) If, before March first of a fiscal year, the Board of Economic Advisors' revenue forecast to the State Budget and Control Board projects that revenues at the end of the fiscal year will be less than appropriated expenditures for that year, the Board in mandating reductions during the fiscal year to eliminate the projected deficit must first reduce to the extent necessary the current year's appropriation to the Capital Reserve Fund prior to mandating any cuts in operating appropriations.

(2) After March first of a fiscal year, monies from the Capital Reserve Fund may be appropriated by the General Assembly for the following purposes:

(a) to finance in cash-previously authorized bond capital improvement projects;

(b) to retire interest or principal on bonds previously issued;

(c) for capital improvements or other nonrecurring purposes which must be accomplished in separate legislation. However, all monies spent for capital improvements or other nonrecurring purposes must be ranked in priority of expenditure and not be funded until thirty days after completion of the fiscal year. Any capital improvement or nonrecurring purpose for which money is appropriated under the provisions of this subitem not fully funded must be cancelled and these funds shall lapse and be credited to the Capital Reserve Fund."

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 ballots: "Must Section 36 of Article III of the Constitution be amended to change the name of the General Fund Reserve to the General Reserve Fund, reduce from four to three percent of the General Fund Revenue of the latest completed fiscal year the amount required in the fund delete provisions requiring a special vote to adjust the percentage required in the fund, delete provisions requiring the General Assembly review the law on this subject every five years, provide a mechanism for restoring the fund should monies from the fund be expended, require a Capital Reserve Fund equal to two percent of the General Fund Revenue of the latest completed fiscal year, and provide that before March first the fund must be used to offset mid-year budget reductions before mandating cuts in operating appropriations and after March first monies from the fund may be appropriated in separate legislation by the General Assembly to finance in cash previously authorized capital improvement projects, retire bond principal or interest on bonds previously issued, and for capital improvements or other nonrecurring purposes which must be ranked in order of priority of expenditure and not be funded until thirty days after completion of the fiscal year and any capital improvements or nonrecurring purpose not fully funded must be cancelled and these funds shall lapse?

Yes [ ]
No [ ]

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 '. "/

Amend title to conform.

Rep. SHEHEEN explained the amendment.

The amendment was then adopted.

The question then recurred to the passage of the Joint Resolution, as amended, on second reading.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Resolution, resulting as follows:

Yeas 103; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Baxley                 Beasley                Blackwell
Blanding               Boan                   Bradley, J.
Brown, G.              Brown, J.              Brown, R.
Burch                  Burriss, T.M.          Carnell
Chamblee               Cole                   Cooper
Cork                   Corning                Dangerfield
Davenport              Derrick                Faber
Fair                   Felder                 Ferguson
Foster                 Foxworth               Gentry
Gilbert                Gordon                 Harris, J.
Harris, P.             Harvin                 Haskins
Hayes                  Helmly                 Hendricks
Hodges                 Holt                   Huff
Humphries              Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Keyserling
Kirsh                  Klapman                Koon
Lanford                Lewis                  Lockemy
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McElveen
McGinnis               McLellan               McLeod, E.B.
McLeod, J.W.           McTeer                 Moss
Neilson                Nesbitt                Nettles
Pearce                 Pettigrew              Petty
Phillips, O.           Rhoad                  Rice
Rogers, T.             Rudnick                Sheheen
Short                  Simpson                Snow
Sturkie                Taylor                 Thrailkill
Townsend               Tucker                 Waldrop
Washington             Wells                  Whipper
White                  Wilder                 Wilkins
Winstead

Total--103

Those who voted in the negative are:

Total--0

So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.

H. 3823--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 3823 be read the third time tomorrow.

SPEAKER IN CHAIR
MOTION ADOPTED

Rep. WILDER moved that when the House adjourns it adjourn out of memory and respect for the late SPEAKER Emeritus SOLOMON BLATT, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3857 -- Rep. Harvin: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS TO MR. CARL ROACH OF CLARENDON COUNTY UPON BEING ELECTED BY THE MEMBERS OF THE SOUTH CAROLINA BROADCASTERS ASSOCIATION TO THE OFFICE OF PRESIDENT-ELECT OF THE ASSOCIATION.

H. 3851 -- Reps. Arthur, O. Phillips, Edwards and Cooper: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MAJOR GENERAL (RETIRED) HARRY MOORE ARTHUR OF UNION COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 3850 -- Rep. Lanford: A CONCURRENT RESOLUTION RECOGNIZING THE STONE SOUP STORYTELLING FESTIVAL IN WOODRUFF, IN SPARTANBURG COUNTY, AS ONE OF THE MOST OUTSTANDING FESTIVALS HELD IN THE STATE AND DESIGNATING IT AS "SOUTH CAROLINA'S OFFICIAL STORYTELLING FESTIVAL".

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

ADJOURNMENT

At 12:15 P.M. the House in accordance with the motion of Rep. WILDER adjourned out of memory and respect for the late SPEAKER Emeritus SOLOMON BLATT to meet at 10:00 A.M. tomorrow.

* * *


This web page was last updated on Tuesday, June 30, 2009 at 1:37 P.M.