Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

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

Our Father Who dwells in Heaven but always nearer to us than hands and feet, like a watchful parent Your constant concern is over Your creatures and Your creation. Teach us to listen for Your guidance, and give us the obedience to follow Your way. Forgive our hasty judgements and forgive others who judge us too quickly. We thank You for the refuge we find in the shadow of Your wing. May the spirit of Your understanding and compassion so fill the hearts of Your children that the barriers that divide may crumble, suspicion disappear, and discord be vanished. So bless the members of the august body and all associated with their work that we may be a blessing to mankind everywhere.

Amen.

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

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

The following was introduced:

H. 3146 -- Rep. Harvin: A CONCURRENT RESOLUTION SALUTING BAPTIST COLLEGE OF CHARLESTON, WHICH WILL MARK THE TWENTY-FIFTH ANNIVERSARY OF ITS FOUNDING IN SEPTEMBER, 1989, AND COMMENDING THIS OUTSTANDING INSTITUTION FOR ITS EXCELLENT RECORD OF ACCOMPLISHMENTS IN HIGHER EDUCATION.

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

The following was introduced:

H. 3147 -- Reps. Harvin and McLeod: A CONCURRENT RESOLUTION COMMENDING AND CONGRATULATING THE HONORABLE D. LESLIE TINDAL, COMMISSIONER OF AGRICULTURE, FOR HIS SERVICE AS PRESIDENT OF THE SOUTHERN ASSOCIATION OF STATE DEPARTMENTS OF AGRICULTURE.

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

The following was introduced:

H. 3148 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING MR. ROBERT C. (BOBBY) MARTIN OF CLARENDON COUNTY UPON BEING SELECTED AS THE 1988 RECIPIENT OF THE SOUTH CAROLINA FORESTRY ASSOCIATION'S "OUTSTANDING LOGGER AWARD."

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

The following was introduced:

H. 3149 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING BERNARD BROGDON OF CLARENDON COUNTY UPON BEING NAMED THE SUMTER ITEM'S ALL-AREA PLAYER OF THE YEAR FOR FOOTBALL IN 1988.

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

The following was introduced:

H. 3150 -- Reps. McLellan and Boan: A CONCURRENT RESOLUTION REQUESTING THE STATE DEPARTMENT OF EDUCATION TO UNDERTAKE A COMPREHENSIVE STUDY OF SCHOOL BUILDING CONSTRUCTION AND RENOVATION NEEDS STATEWIDE AND TO REQUEST THAT THE DEPARTMENT PROMPTLY REPORT THE RESULTS OF THE STUDY TO THE RESPECTIVE CHAIRMEN OF THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE.

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

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

H. 3151 -- Reps. Sheheen and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-7-1615 SO AS TO DEFINE THE TERM ATTORNEY GENERAL OR HIS DESIGNEE FOR PURPOSES OF THE STATE GRAND JURY OF SOUTH CAROLINA; BY ADDING SECTION 14-7-1820 SO AS TO GIVE RETROACTIVE JURISDICTION TO THE STATE GRAND JURY; TO AMEND SECTION 14-7-1630, RELATING TO THE JURISDICTION AND IMPANELING OF THE STATE GRAND JURY, SO AS TO CLARIFY THE DUTIES OF THE CHIEF ADMINISTRATIVE JUDGE; TO AMEND SECTION 14-7-1660, RELATING TO THE SELECTION OF GRAND JURORS, SO AS TO PROVIDE THAT THE PRESIDING JUDGE RATHER THAN THE CLERK OF THE GRAND JURY SHALL DETERMINE THE QUALIFICATIONS OF JURORS; TO AMEND SECTION 14-7-1700, RELATING TO RECORDS OF THE GRAND JURY, SO AS TO REQUIRE THE RECORDING OF GRAND JURY PROCEEDINGS EXCLUSIVE OF VOTING AND DELIBERATION AND TO CLARIFY THE ACCESS OF DEFENDANTS TO REVIEW TRANSCRIPTS OF GRAND JURY PROCEEDINGS; TO AMEND SECTION 14-7-1720, RELATING TO GRAND JURY SECRECY, SO AS TO EXTEND THE SECRECY RULES TO GOVERNMENTAL PERSONNEL AND TO PROVIDE FOR THE RELEASE OF RECORDS SO THAT DEFENDANTS MAY REVIEW TRANSCRIPTS OF GRAND JURY PROCEEDINGS; TO AMEND SECTION 14-7-1760, RELATING TO INDICTMENTS, SO AS TO PROVIDE THAT THE PRESIDING JUDGE SHALL RETURN AN INDICTMENT TO THE APPROPRIATE COUNTY BY ORDER; AND TO AMEND SECTION 14-7-1780, AS AMENDED, RELATING TO SPACE AND FUNDING FOR THE GRAND JURY, SO AS TO PROVIDE THAT GRAND JURY EXPENSES MUST BE PAID FROM FUNDS APPROPRIATED TO THE STATE BUDGET AND CONTROL BOARD.

Referred to Committee on Judiciary.

H. 3152 -- Rep. Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-915 SO AS TO CREATE THE PLAYCARD ENVIRONMENTAL EDUCATION CENTER WILDLIFE SANCTUARY IN HORRY COUNTY AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to the Horry County Delegation.

H. 3153 -- Rep. Hendricks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-1-109 SO AS TO PROVIDE THAT WILLS EXECUTED PRIOR TO THE EFFECTIVE DATE OF THE SOUTH CAROLINA PROBATE CODE MUST BE PROBATED PURSUANT TO THE LAW OF PROBATE APPLICABLE BEFORE THE SOUTH CAROLINA PROBATE CODE AND TO PROVIDE EXCEPTIONS.

Referred to Committee on Judiciary.

H. 3154 -- Reps. Huff and Wilkins: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE DRIVER'S LICENSE, BY ADDING ARTICLE 11 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUSPEND THE DRIVER'S LICENSE OF PERSONS CONVICTED OF VIOLATING THE PROVISIONS OF SECTION 61-9-50, AND TO AMEND THE 1976 CODE BY ADDING SECTION 61-13-837 SO AS TO REQUIRE CONVICTIONS OF THE ENUMERATED OFFENSES TO BE REPORTED TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Referred to Committee on Judiciary.

H. 3166 -- Reps. Davenport, Limehouse, Wells, Vaughn and Baxley: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMPEACHMENT OF CERTAIN EXECUTIVE AND JUDICIAL OFFICERS OF THIS STATE BY ADDING SECTION 4, SO AS TO PROVIDE PROCEDURES FOR RECALLING AND REMOVING FROM PUBLIC OFFICE PERSONS HOLDING PUBLIC OFFICES OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN THE EXECUTIVE AND LEGISLATIVE BRANCHES OF STATE OR LOCAL GOVERNMENTS.

Referred to Committee on Judiciary.

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

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

I came in after the roll call and was present for the Session on January 11, 1989.

Linwood Altman                    Carole Wells
Lenoir Sturkie                    Charles Sharpe
D. Elliott                        John G. Felder
Rick Quinn                        Joseph McElveen, Jr.
T.M. Burriss                      Gene Stoddard
Grady Brown                       Larry Gentry
Thomas N. Rhoad

Rep. ALEX HARVIN, III signed a statement with the Clerk that he came in after the roll call and was present for the Session on Tuesday, January 10, 1989.

Rep. WAITES moved to reconsider the vote whereby the following Resolution was adopted, which was agreed to.

H. 3097 -- Rep. Waites: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA JAYCEES TO USE THE HALL OF THE HOUSE OF REPRESENTATIVES ON FRIDAY, SATURDAY, AND SUNDAY, JANUARY 20, 21, AND 22, 1989, TO REQUEST THE DIVISION OF GENERAL SERVICES TO PROVIDE FOR REASONABLE USE OF THE UNDERGROUND PARKING FACILITIES AND THE BLATT BUILDING, AND TO ARRANGE FOR ASSISTANCE AND ACCESS BY THE STATE HOUSE SECURITY FORCES.

Rep. WAITES moved to adjourn debate upon the Resolution until Thursday, January 12, which was adopted.

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

H. 3110 -- Rep. McLellan: A JOINT RESOLUTION DIRECTING THE STATE BUDGET AND CONTROL BOARD AND SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO PROCEED EXPEDITIOUSLY TO DESIGN AND CONSTRUCT A REPLACEMENT FACILITY IN LEE COUNTY FOR THE CENTRAL CORRECTIONAL INSTITUTION, TO PROVIDE THAT TWENTY-FOUR MILLION DOLLARS IN PREVIOUSLY AUTHORIZED STATE CAPITAL IMPROVEMENT BONDS MUST FIRST BE USED TO FINANCE THE PROJECT, TO PROVIDE FOR ADDITIONAL FUNDING AS MAY BE DETERMINED BY THE GENERAL ASSEMBLY, AND TO AUTHORIZE THE STATE TREASURER TO PROVIDE INTERIM FINANCING FOR NOT MORE THAN ONE YEAR, IF NECESSARY.

H. 3111 -- Reps. Sheheen and Wilkins: A BILL TO RATIFY AN AMENDMENT TO SECTION 22, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1896, RELATING TO GRAND AND PETIT JURIES, SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO ESTABLISH A STATE GRAND JURY BY GENERAL LAW; AND TO RATIFY AN AMENDMENT TO SECTION 11, ARTICLE I OF THE CONSTITUTION, RELATING TO THE REQUIREMENT THAT NO PERSON MAY BE HELD TO ANSWER FOR ANY CRIME WHERE THE PUNISHMENT EXCEEDS A FINE OF TWO HUNDRED DOLLARS OR IMPRISONMENT FOR THIRTY DAYS, UNLESS ON A PRESENTMENT OR INDICTMENT OF A GRAND JURY OF THE COUNTY WHERE THE CRIME HAS BEEN COMMITTED, WITH CERTAIN EXCEPTIONS, SO AS TO PROVIDE THAT NOTHING CONTAINED IN THE CONSTITUTION IS DEEMED TO LIMIT OR PROHIBIT THE ESTABLISHMENT BY THE GENERAL ASSEMBLY OF A STATE GRAND JURY WITH THE AUTHORITY TO RETURN INDICTMENTS AND WITH THAT OTHER AUTHORITY, INCLUDING PROCEDURE, AS THE GENERAL ASSEMBLY MAY PROVIDE.

Rep. WILKINS explained the Bill.

H. 3112 -- Reps. Sheheen and Wilkins: A BILL TO RATIFY AMENDMENTS TO SECTION 24 OF ARTICLE III, SECTION 3 OF ARTICLE VI, AND SECTION 1A OF ARTICLE XVII, CONSTITUTION OF SOUTH CAROLINA, 1896, RELATING TO DUAL OFFICEHOLDING AND QUALIFICATION FOR OFFICE, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST HOLDING TWO OFFICES DOES NOT APPLY TO MEMBERS OF LAWFULLY AND REGULARLY ORGANIZED FIRE DEPARTMENTS AND CONSTABLES WHO HOLD ANOTHER OFFICE.

H. 3113 -- Reps. Sheheen and Wilkins: - A BILL TO RATIFY AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF SHERIFFS.

Rep. WILKINS explained the Bill.

H. 3114 -- Reps. Sheheen and Wilkins: A BILL TO RATIFY AN AMENDMENT TO SECTION 1, ARTICLE XVI OF THE CONSTITUTION OF SOUTH CAROLINA, 1896, RELATING TO AMENDMENT AND REVISION OF THE CONSTITUTION, SO AS TO PROVIDE THAT PROPOSALS MAY BE MADE FOR THE GENERAL ELECTION YEAR 1990 FOR THE REVISION OF AN ENTIRE ARTICLE OR THE ADDITION OF A NEW ARTICLE IN A SINGLE AMENDMENT PROPOSAL, WHICH PROPOSAL MAY CHANGE PROVISIONS FROM OTHER ARTICLES IN CERTAIN CIRCUMSTANCES.

H. 3115 -- Reps. Sheheen and Wilkins: A BILL TO RATIFY AN AMENDMENT TO SECTION 11, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1896, RELATING TO PRESENTMENT OR INDICTMENT, SO AS TO REQUIRE PRESENTMENT OR INDICTMENT BY A GRAND JURY FOR ANY CRIME THE JURISDICTION OVER WHICH IS NOT WITHIN THE MAGISTRATE'S COURT.

H. 3116 -- Reps. Sheheen and Wilkins: A BILL TO RATIFY AN AMENDMENT TO SECTION 22, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURORS, SO AS TO DELETE THE REQUIREMENT THAT JURORS MUST BE QUALIFIED ELECTORS OF THIS STATE AND BE OF GOOD MORAL CHARACTER, AND PROVIDE THAT JURORS MUST BE RESIDENTS OF THIS STATE AND HAVE SUCH OTHER QUALIFICATIONS AS THE GENERAL ASSEMBLY MAY PRESCRIBE.

H. 3117 -- Reps. Sheheen and Wilkins: A BILL TO RATIFY AN AMENDMENT TO SECTION 36, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GENERAL FUND RESERVE, SO AS TO CHANGE THE NAME OF THE GENERAL FUND RESERVE TO THE GENERAL RESERVE FUND, REDUCE FROM FOUR TO THREE PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR THE AMOUNT REQUIRED IN THE FUND, DELETE PROVISIONS REQUIRING A SPECIAL VOTE TO ADJUST THE PERCENTAGE REQUIRED IN THE FUND, DELETE PROVISIONS REQUIRING THE GENERAL ASSEMBLY TO REVIEW THE LAW ON THIS SUBJECT EVERY FIVE YEARS, PROVIDE A MECHANISM FOR RESTORING THE FUND SHOULD MONIES FROM THE FUND BE EXPENDED, REQUIRE A CAPITAL RESERVE FUND EQUAL TO TWO PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR, AND PROVIDE THAT BEFORE MARCH FIRST THE CAPITAL RESERVE FUND MUST BE USED TO OFFSET MID-YEAR BUDGET REDUCTIONS BEFORE MANDATING CUTS IN OPERATING APPROPRIATIONS AND AFTER MARCH FIRST MONIES FROM THE FUND MAY BE APPROPRIATED BY A SPECIAL VOTE IN SEPARATE LEGISLATION BY THE GENERAL ASSEMBLY TO FINANCE IN CASH PREVIOUSLY AUTHORIZED CAPITAL IMPROVEMENT BOND PROJECTS, RETIRE BOND PRINCIPAL OR INTEREST ON BONDS PREVIOUSLY ISSUED, AND FOR CAPITAL IMPROVEMENTS OR OTHER NONRECURRING PURPOSES WHICH MUST BE RANKED IN ORDER OF PRIORITY OF EXPENDITURE AND NOT BE FUNDED UNTIL THIRTY DAYS AFTER COMPLETION OF THE FISCAL YEAR AND PROVIDE THAT ANY APPROPRIATIONS OF MONIES FROM THE CAPITAL RESERVE FUND AFTER MARCH FIRST MUST BE REDUCED BASED ON THE RANK OF PRIORITY BEGINNING WITH THE LOWEST PRIORITY TO THE EXTENT NECESSARY AND APPLIED TO THE YEAR-END DEFICITS BEFORE WITHDRAWING MONIES FROM THE GENERAL RESERVE FUND AND TO PROVIDE THAT MONIES IN THE CAPITAL RESERVE FUND NOT APPROPRIATED OR ANY APPROPRIATION FOR A PARTICULAR PROJECT OR ITEM WHICH HAS BEEN REDUCED DUE TO APPLICATION OF THE MONIES TO YEAR-END DEFICIT MUST LAPSE AND BE CREDITED TO THE GENERAL FUND.

H. 3118 -- Reps. Sheheen and Wilkins: A BILL TO RATIFY AN AMENDMENT TO SECTION 13, ARTICLE VIII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JOINT ADMINISTRATION OF FUNCTIONS AND THE EXERCISE OF POWERS BY COUNTIES, MUNICIPALITIES, OF OTHER POLITICAL SUBDIVISIONS, SO AS TO PROVIDE THAT COUNTIES, SUBJECT TO THE GENERAL ASSEMBLY FIRST PROVIDING BY LAW FOR BONDED INDEBTEDNESS AND SCHOOL FISCAL ABILITY CONSIDERATIONS, MAY JOINTLY DEVELOP AN INDUSTRIAL OR BUSINESS PARK WITH OTHER COUNTIES WITHIN THE GEOGRAPHICAL BOUNDARIES OF ONE OR MORE OF THE MEMBER COUNTIES WHERE THE AREA COMPRISING THE PARKS AND ALL PROPERTY HAVING A SITUS THEREIN IS EXEMPT FROM ALL AD VALOREM TAXATION BECAUSE THE OWNERS OR LESSEES OF ANY PROPERTY SITUATED IN THE PARK MUST PAY AN AMOUNT EQUIVALENT TO THE PROPERTY TAXES OR OTHER IN-LIEU-OF PAYMENTS THAT WOULD HAVE BEEN DUE AND PAYABLE EXCEPT FOR THE ABOVE EXEMPTION.

Rep. WILKINS explained the Bill.

Please let the Journal show that I did not vote on H. 3110. Our electrical company may in the future bid as a subcontractor for this work.

Thank you

Rep. MICKEY BURRISS

Rep. BLACKWELL, with unanimous consent, made a statement relative to the Personal Care Physician Program announced by the S.C. Medical Society.

The motion period was dispensed with on motion of Rep. McLELLAN.

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

At 2:26 P.M. the House in accordance with the motion of Rep. WALDROP adjourned to meet at 10:00 A.M. tomorrow.

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