Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We pray, O God, that You would fill these moments of prayer with meaning, and make it an oasis for the refreshment of our souls, a window cleaning for our vision, and a recharging of our awareness of Your constant presence with us. Keep us ever aware that when we are too busy to pray that we are far busier than we ought to be. Since we cannot see the distant scene, teach us to take rightly one step at a time. And make that first step plain to us, that we may see where our duty lies, and give us a shove that we move in the right direction.
We pray in the Name of Him Who is waiting to lead us in the way of truth.
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
The following was received and referred to the Committee on Invitations and Memorial Resolutions.
January 18, 1989
Mrs. Catherine Jeter
House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Mrs. Jeter:
South Carolina PTA would like for you to place our Legislative Conference Luncheon on the House Calendar for February eighth at 12:30 P.M. The luncheon is at the Radisson Hotel. The representatives are also invited to the opening session if they are able to include it into their busy schedules. We begin at ten o'clock at the hotel.
It would be helpful if the representatives will call 765-0806 to make reservations for the luncheon. We sincerely hope that a good number will join us.
Sincerely,
Harvie Ann Wilkins
SCPTA Vice President for Legislation
The following was received.
January 19, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 868)
House of Representatives
Dear Mrs. McKinney:
I have this date received the attached letter stating that the Department of Health and Environmental Control is hereby resubmitting R.61-62 Air Pollution Control Regulations and Standards. This is document number 868. These regulations have been referred to Medical, Military, Public and Municipal Affairs Committee.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
January 10, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1023)
House of Representatives
Dear Mrs. McKinney:
Pursuant to Act 176 of 1977, I have received on January 10, 1989 regulations concerning repeal of sales tax on subscription publications and sales tax on microfilm or microfiche copies from the South Carolina Tax Commission.
They are hereby referred to the Committee on Ways and Means for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
Columbia, S.C., January 19, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Appointment, Master-in-Equity, to fill the unexpired portion of a term to expire December 31, 1991:
Charles B. Simmons, Jr., 11 W. Hillcrest Drive, Greenville, S.C. 29601 VICE: Dan Yarborough (resigned)
Very respectfully,
President of the Senate
Received as information.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3187 -- Reps. Rudnick, White, Sharpe, Kirsh and J. Harris: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO AFFIRMATIVELY OR NEGATIVELY VOTE ON THE RECOMMENDATIONS OF THE QUADRIENNIAL COMMISSION RELATING TO SALARY ADJUSTMENTS FOR THE THREE BRANCHES OF THE FEDERAL GOVERNMENT.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3139 -- Reps. Hearn, Moss, Wells, Quinn, Wright and McGinnis: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 8, 1989, AS "HANDICAPPED CHILDREN'S DAY", TO ENDORSE THE "B.A.C. - COFFEE DAY FOR HANDICAPPED CHILDREN" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 8, 1989, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 150 -- Senator Mitchell: A CONCURRENT RESOLUTION TO ENCOURAGE THE PANEL OF MEDICAL EXPERTS TO BE ORGANIZED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPROVE THE SIGNIFICANT DISPARITY BETWEEN THE LIFE EXPECTANCIES OF BLACKS AND WHITES, TO CONDUCT AND CONCLUDE THE TASK ASSIGNED TO IT, AND TO URGE THE GENERAL ASSEMBLY TO ENACT LEGISLATION AND FUND PROGRAMS RESULTING FROM THE PANEL'S RECOMMENDATIONS TO REDUCE HEALTH PROBLEMS AMONG THE CITIZENS OF THE STATE WHICH HAVE RESULTED IN LIFE EXPECTANCIES BELOW THE NATIONAL AVERAGES FOR BOTH BLACKS AND WHITES.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 161 -- Senators Lourie, Giese, Courson and Patterson: A CONCURRENT RESOLUTION EXPRESSING SUPPORT FOR THE SPIRIT OF "GLASNOST", HUMAN RIGHTS, AND THE RIGHTS OF SOVIET JEWS, CHRISTIANS, AND MOSLEMS TO EMIGRATE.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Association of Christian Schools for breakfast, February 1, 1989, 8:15 A.M. at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Medical Association for a luncheon, February 1, 1989, 12:00 P.M. or upon adjournment, at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Probate Judges' Association for a reception, February 1, 1989, 7:00-9:00 P.M. at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. State Museum for a reception, February 2, 1989, 8:00 A.M.-9:30 A.M. at the State Museum.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Rock Hill Area Chamber for a reception, February 7, 1989, 6:00 P.M. at Stadium Place, 1200 Bluff Road, Columbia, S.C.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of National Guard Association of S.C. for a reception, February 8, 1989, 6:00-8:00 P.M. at the National Guard Armory.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Association for Retarded Citizens of S.C. for coffee and rolls, February 9, 1989, 8:30 A.M.-10:00 A.M. in Room 101 of the Blatt Building.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Association of Counties for a reception February 14, 1989, 6:00-7:30 P.M. at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Recreation and Park Association for a drop-in, February 14, 1989, 7:30-9:00 P.M.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Independent Insurance Agents of S.C. for lunch, February 15, 1989, upon adjournment at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of I-85 Chamber Group for a reception, February 15, 1989, 6:00-8:00 P.M., at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Association of Auditors for a reception, February 15, 1989, 8:00 P.M., at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Farm Bureau Federation for a banquet, February 21, 1989, 6:00 P.M., st the Ellison Building, State Fairgrounds.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Carolinas Branch, Associated General Contractors for a reception, February 22, 1989, 6:00-8:00 P.M. at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Registered Cosmetologist Association for a drop-in, February 22, 1989, 8:00-10:00 P.M. at the Town House.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Coalition of Law Enforcement and Correctional Associations for a coffee reception, February 23, 1989, 9:00 A.M.-11:00 A.M. in the downstairs lobby of the State House.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. AFL-CIO for a reception, February 28, 1989, 7:00-8:30 P.M. at the Town House.
The invitation was accepted.
The following was introduced:
H. 3288 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF DR. LEROY BEATTIE DENNIS OF BISHOPVILLE IN LEE COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3289 -- Reps. Barfield, Corbett and Keegan: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO TAKE NECESSARY ACTION TO INSURE THAT THE FEDERAL MIGRATORY WATERFOWL REGULATIONS FOR 1989 ALLOW DUCKS AND GEESE TO BE HUNTED THIRTY MINUTES BEFORE SUNRISE DURING OPEN SEASON INSTEAD OF AT SUNRISE AS THE 1988 REGULATIONS PROVIDED.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3290 -- Rep. Keyserling: A CONCURRENT RESOLUTION TO INVITE THE COMMISSION ON THE FUTURE OF SOUTH CAROLINA TO PRESENT ITS FINAL REPORT TO THE GENERAL ASSEMBLY IN JOINT SESSION AT TWELVE O'CLOCK NOON ON WEDNESDAY, FEBRUARY 22, 1989.
The Concurrent Resolution was ordered referred to Committee on Invitations and Memorial Resolutions.
The following was introduced:
S. 204 -- Senator Russell: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. PETE JOHN KLEITCHES OF SPARTANBURG.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3291 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE H.F. (SPARKY) GIERKE OF NORTH DAKOTA, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 29, 1989.
The Concurrent Resolution was ordered placed on the Calendar.
The following was introduced:
H. 3292 -- Rep. McCain: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE GRAND AMERICAN ASSOCIATION FOR SPONSORING THE TWENTY-FOURTH GRAND AMERICAN COON HUNT IN ORANGEBURG COUNTY ON JANUARY 6 AND 7, 1989, AND WELCOMING THEM BACK TO ORANGEBURG WHEN THEY RETURN FOR THE TWENTY-FIFTH AND SUBSEQUENT GRAND AMERICAN COON HUNTS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3293 -- Reps. Hayes, Foster, Nesbitt, Kirsh and Short: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. JACK C. WHITE OF ROCK HILL IN YORK COUNTY WHO DIED ON JANUARY 12, 1989.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3294 -- Rep. Keegan: A CONCURRENT RESOLUTION TO CONGRATULATE COUNTRY MUSIC LEGEND FERLIN HUSKY ON THE OPENING FEBRUARY 17, 1989, OF "THE FERLIN HUSKY JUBILEE" IN MYRTLE BEACH IN HORRY COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3317 -- Reps. Beasley, R. Brown, Haskins, Huff, Farr, Littlejohn, Vaughn and McEachin: A CONCURRENT RESOLUTION TO PROCLAIM MARCH 16, 1989, AS "FREEDOM OF INFORMATION DAY" IN SOUTH CAROLINA AND TO ENCOURAGE THE PEOPLE OF THIS STATE TO EXERCISE THEIR RIGHTS OF FREE ACCESS TO INFORMATION AND TO USE THE RESOURCES AVAILABLE THROUGH THE LIBRARIES OF SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Judiciary.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3295 -- Rep. Davenport: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 16 SO AS TO ESTABLISH THE SOUTH CAROLINA DENTAL LABORATORY TECHNOLOGY BOARD, TO DEVOLVE THE DUTIES OF THE STATE BOARD OF DENTISTRY IN REGARD TO THE REGISTRATION OF DENTAL TECHNICIANS AND ORTHODONTIC TECHNICIANS UPON THIS BOARD, TO PROVIDE FOR THE REGISTRATION OF COMMERCIAL DENTAL LABORATORIES BY THE BOARD AND THE REQUIREMENTS FOR REGISTRATION, TO PROVIDE FOR THE CONTINUING EDUCATION REQUIREMENTS FOR DENTAL TECHNICIANS, TO PROVIDE THAT A DENTIST MAY USE ONLY THE SERVICES OF A COMMERCIAL DENTAL LABORATORY WHICH IS REGISTERED BY THE BOARD AND TO PROVIDE CERTAIN EXCEPTIONS TO THIS PROVISION, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3296 -- Reps. Carnell, Townsend, P. Harris, Kay and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 41 TO CHAPTER 3, TITLE 56 SO AS TO AUTHORIZE SPECIAL LICENSE PLATES TO BE ISSUED TO RETIRED MEMBERS OF THE GENERAL ASSEMBLY.
Referred to Committee on Education and Public Works.
H. 3297 -- Reps. Hallman, Corbett, Barber, Quinn, Wright, Mappus, Rama, G. Brown, Keegan and J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-215 SO AS TO PROVIDE FOR THE MAXIMUM AMOUNT OF HAZARDOUS WASTE A LANDFILL MAY ACCEPT, TO REDUCE THIS MAXIMUM AMOUNT BY TEN PERCENT A YEAR OVER A FIVE-YEAR PERIOD, AND TO REQUIRE GENERATORS OF HAZARDOUS WASTE TO REDUCE THE AMOUNT OF WASTE THEY DISPOSE OF IN THIS STATE BY TEN PERCENT A YEAR OVER A FIVE-YEAR PERIOD; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-225 SO AS TO PROVIDE THAT WASTE OF WHATEVER TYPE GENERATED IN ANOTHER STATE MAY NOT BE TRANSPORTED INTO THIS STATE FOR DISPOSAL UNLESS THAT STATE ACCEPTS THE SAME TYPE OF WASTE GENERATED IN SOUTH CAROLINA FOR DISPOSAL IN THAT STATE.
Referred to Committee on Agriculture and Natural Resources.
H. 3298 -- Reps. Washington, White, K. Bailey, Whipper, J. Bailey, Holt, Harvin, Winstead, Fant, Rama, T. Rogers, Waites, J. Rogers, D. Martin, Glover and Faber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 TO TITLE 31 SO AS TO ENACT THE SOUTH CAROLINA FAIR HOUSING LAW AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. Washington asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. H. Brown objected.
Referred to Committee on Labor, Commerce and Industry.
H. 3299 -- Reps. M.O. Alexander, G. Bailey, T.C. Alexander, McLellan, Mattos, R. Brown, Fant and Manly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-50 SO AS TO PROHIBIT THE SALE OF CLEANING AGENTS CONTAINING PHOSPHATES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Agriculture and Natural Resources.
H. 3300 -- Reps. Rudnick, Harvin, Whipper, Keegan and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-45 SO AS TO REQUIRE COUNTY PARTY CHAIRMEN TO DESIGNATE A PUBLIC PLACE AND STAFF IT DURING REGULAR HOURS DURING THE FILING PERIOD IN GENERAL ELECTION YEARS FOR THE RECEIPT FOR FILINGS AND TO REQUIRE THE CHAIRMAN TO NOTIFY THE PUBLIC OF THE DATES, TIME, AND PLACE WHERE CANDIDATES MAY FILE BY PLACING AN ADVERTISEMENT IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY TWO WEEKS BEFORE THE FILING PERIOD.
Referred to Committee on Judiciary.
H. 3301 -- Reps. Rudnick, Kirsh, Whipper, Harvin and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-5-11 SO AS TO PROVIDE THAT IF A VACANCY OCCURS IN THE OFFICE OF REGISTER OF MESNE CONVEYANCES IN A COUNTY WHICH ELECTS ITS REGISTER OF MESNE CONVEYANCES IT MUST BE FILLED FOR THE REMAINDER OF THE UNEXPIRED TERM BY APPOINTMENT OF THE GOVERNOR UPON THE RECOMMENDATION OF A MAJORITY OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING THAT COUNTY.
Referred to Committee on Judiciary.
H. 3302 -- Reps. Rudnick, Whipper, Harvin and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-215 SO AS TO PROVIDE THAT A CANDIDATE WHO EXECUTES A CERTAIN CANDIDACY PLEDGE WITH A POLITICAL PARTY FOR PURPOSES OF OFFERING FOR ELECTION TO A PARTICULAR OFFICE IN THAT PARTY'S PRIMARY ELECTION AND WHO IS LATER ELECTED TO THAT OFFICE IS REQUIRED TO RESIGN THIS OFFICE FIRST BEFORE HE MAY CHANGE HIS POLITICAL PARTY AFFILIATION.
Referred to Committee on Judiciary.
H. 3303 -- Reps. Sturkie, G. Bailey, Whipper, Klapman, Cork, White, J. Brown, Kohn, Barber, Rama, Hallman, Wright, McGinnis, Quinn, Nesbitt, Littlejohn, H. Brown, Jaskwhich, Haskins, Wofford and Fant: A BILL TO ENACT THE CLEAN INDOOR AIR AND PROMOTION OF PUBLIC HEALTH ACT OF 1989 AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3304 -- Reps. Wilder, Rhoad and M.D. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-17-45 SO AS TO REQUIRE MANUFACTURERS OF MANUFACTURED HOMES TO AFFIX A PERMANENT METAL PLATE ON WHICH IS IMPRINTED THE SERIAL NUMBER OF THE HOME WITHIN THREE FEET OF ITS PRINCIPAL DOOR.
Referred to Committee on Labor, Commerce and Industry.
H. 3305 -- Reps. L. Martin, Hendricks and Simpson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-703 SO AS TO MAKE IT UNLAWFUL TO USE ARTIFICIAL LIGHTS FROM ANY VEHICLE OR WATER CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE IN GAME ZONE NO. 1 AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Referred to Committee on Agriculture and Natural Resources.
H. 3306 -- Rep. Mappus: A BILL TO AMEND SECTIONS 7-15-320 AND 7-15-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS WHO WILL BE SERVING AS JURORS IN A STATE OR FEDERAL COURT ON ELECTION DAY.
Referred to Committee on Judiciary.
H. 3307 -- Reps. Mappus and Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5035 SO AS TO PROHIBIT THE USE OF DEVICES ON MOTOR VEHICLES TO DETECT THE PRESENCE OF RADAR WHICH MEASURES THE SPEED OF MOTOR VEHICLES, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary.
H. 3308 -- Reps. Rudnick and Harvin: A BILL TO REQUIRE THAT LICENSE PLATES FOR SCHOOL BUSES MAY NOT CONTAIN MORE THAN THREE DIGITS OR LETTERS, OR COMBINATION OF THREE DIGITS AND LETTERS.
Referred to Committee on Education and Public Works.
H. 3309 -- Reps. Rudnick, Washington and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-115 SO AS TO REQUIRE CERTAIN PUBLIC NOTICES BEFORE A CONTRACT OR A LISTING AGREEMENT FOR THE SALE OF REAL PROPERTY OWNED BY THE STATE MAY BE EXECUTED.
Referred to Committee on Judiciary.
H. 3310 -- Reps. Rudnick and Harvin: A BILL TO AMEND SECTION 58-5-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATES OF CERTAIN GAS, HEAT, AND WATER COMPANIES; SECTION 58-9-540, RELATING TO THE RATES OF TELEPHONE AND TELEGRAPH COMPANIES; SECTION 58-11-70, RELATING TO THE RATES OF RADIO COMMON CARRIERS; AND SECTION 58-27-870, RELATING TO THE RATES OF ELECTRIC UTILITIES, SO AS TO ELIMINATE THE RIGHT OF THESE UTILITIES OR COMPANIES TO PUT REQUESTED RATE INCREASES INTO EFFECT UNDER BOND DURING THE PENDENCY OF AN APPEAL; AND TO REPEAL SECTION 58-1-50 RELATING TO CERTAIN INTEREST REQUIRED WHEN PROPOSED RATE INCREASES PUT INTO EFFECT UNDER BOND ARE DISALLOWED IN WHOLE OR IN PART.
Referred to Committee on Judiciary.
H. 3311 -- Reps. Rudnick and Whipper: A BILL TO AMEND SECTION 56-5-2715, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOP SIGNS AND REQUIRED STOPS AT DANGEROUS RAILROAD CROSSINGS, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION WITH RESPECT TO STATE HIGHWAYS AND COUNTIES AND MUNICIPALITIES WITH RESPECT TO HIGHWAYS WITHIN THEIR JURISDICTION SHALL PLACE WHITE LINES ACROSS THE LANES APPROACHING THESE DANGEROUS CROSSINGS AND TO PROVIDE THAT AT THOSE HIGHWAY AND RAILROAD GRADE CROSSINGS LOCATED WITHIN ONE-HALF MILE OF A CHURCH OR SCHOOL, THE RAILROAD COMPANY OPERATING THE RAILROAD SHALL PLACE AND MAINTAIN AN ILLUMINATED FLASHING RED SIGNAL ON THE HIGHWAY ON EACH SIDE OF THE CROSSING.
Referred to Committee on Education and Public Works.
H. 3312 -- Rep. Mappus: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE OPTIMIST CLUB OF CHARLESTON, CHARLESTON COUNTY.
On motion of Rep. MAPPUS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3313 -- Rep. McElveen: A BILL TO AMEND SECTION 33-31-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM SUIT OF DIRECTORS, TRUSTEES, OR MEMBERS OF GOVERNING BODIES OF ELECTRIC COOPERATIVES AND NOT-FOR-PROFIT COOPERATIONS, ORGANIZATIONS, AND ASSOCIATIONS WHICH ARE EXEMPT FROM FEDERAL INCOME TAXATION UNDER CERTAIN PROVISIONS OF THE FEDERAL INCOME TAX CODE AND FURTHER RELATING TO EXCEPTION TO IMMUNITY, SO AS TO ELIMINATE APPLICABILITY OF THIS SECTION TO DIRECTORS, TRUSTEES, OR MEMBERS OF THE GOVERNING BODIES OF ELECTRIC COOPERATIVES, MAKE IMMUNITY FROM SUIT APPLICABLE TO DIRECTORS, TRUSTEES, MEMBERS OF THE GOVERNING BODIES, AND VOLUNTEERS OF THESE CORPORATIONS, ORGANIZATIONS, AND ASSOCIATIONS WHO SERVE WITHOUT REMUNERATION, COMPENSATION, OR THE EXPECTATION OF REMUNERATION OR COMPENSATION, AND ADD AND DELETE CERTAIN PROVISIONS AND LANGUAGE AFFECTING THE IMMUNITY FROM SUIT.
Referred to Committee on Judiciary.
H. 3314 -- Reps. Rama, G. Bailey, Littlejohn, Hearn, Mappus, J. Bailey and Hallman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-295 SO AS TO PROVIDE THAT VIOLATIONS OF ORDINANCES OR REGULATIONS OF SPECIAL PURPOSE DISTRICTS RELATING TO GARBAGE OR TRASH COLLECTION ARE UNLAWFUL AND TO PROVIDE PENALTIES FOR THESE VIOLATIONS.
Referred to Committee on Judiciary.
H. 3315 -- Reps. Rama, G. Bailey and Littlejohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-310 SO AS TO PROVIDE THAT SPECIAL PURPOSE DISTRICTS, NOT OTHERWISE EMPOWERED TO CONDEMN BY LAW, ARE GRANTED THE POWER OF EMINENT DOMAIN AND FOR THIS PURPOSE ARE CONSIDERED TO BE "CONDEMNORS" WITHIN THE MEANING OF THE SOUTH CAROLINA EMINENT DOMAIN PROCEDURE ACT.
Referred to Committee on Judiciary.
H. 3316 -- Reps. McBride, Faber, Taylor and Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 IN TITLE 59 SO AS TO PROVIDE FOR THE SOUTH CAROLINA TUITION ACCOUNT PROGRAM ACT; TO AMEND SECTION 12-7-435, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME, SO AS TO ALLOW THE DEDUCTION OF PAYMENTS PAID BY THE PURCHASER OF AN ADVANCE TUITION PAYMENT CONTRACT, TO REQUIRE THE TUITION ACCOUNT PROGRAM AGENCY ESTABLISHED BY THIS ACT TO OBTAIN RULINGS FROM THE INTERNAL REVENUE SERVICE AND THE SECURITIES AND EXCHANGE COMMISSION BEFORE COMMENCING OPERATIONS AND TO PROVIDE FOR AN UNFAVORABLE RULING.
Referred to Committee on Ways and Means.
S. 63 -- Senator Land: A BILL TO AMEND SECTION 7-7-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO PROVIDE FOR THE VOTING PLACE FOR THE PANOLA PRECINCT.
Referred to Clarendon Delegation.
S. 75 -- Senators Setzler, Shealy and Wilson: A BILL TO AMEND SECTION 7-7-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO CHANGE THE NAME OF THE "JAMIL ROAD" PRECINCT TO THE "GRENADIER" PRECINCT.
Referred to Lexington Delegation.
S. 203 -- Senator Peeler: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS JANUARY 5 AND 6, 1989, MISSED BY BLACKSBURG PRIMARY SCHOOL STUDENTS IN CHEROKEE COUNTY WHEN THE SCHOOL WAS DAMAGED BY FIRE ARE EXEMPT FROM THE MAKE-UP REQUIREMENTS OF THE DEFINED MINIMUM PLAN.
On motion of Rep. PHILLIPS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Faber Fair Fant Farr Felder Foster Glover Gordon Gregory Hallman Harris, J. Harris, P. Harvin Harwell Haskins Hayes Hearn Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Kay Keegan Keesley Keyserling Kirsh Klapman Koon Lanford Littlejohn Lockemy Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Snow Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on January 24, 1989.
Robert A. Kohn Larry Gentry Gene Stoddard Robert N. McLellan
STATEMENT OF ATTENDANCE
I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, January 24, 1989.
James W. Johnson, Jr.
The SPEAKER granted Reps. MANLY, CORBETT, K. BAILEY, WAITES, BENNETT and SHARPE a leave of absence for the remainder of the day to tour the Infectious Waste Incinerator plant in Hampton.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3184 -- Rep. McTeer: A BILL TO AMEND ACT 549 OF 1982, RELATING TO THE ABOLITION OF THE HAMPTON COUNTY BOARD OF EDUCATION AND HAMPTON COUNTY SUPERINTENDENT OF EDUCATION, THE DEVOLUTION OF THE POWERS AND DUTIES OF THOSE OFFICES ON THE BOARDS OF TRUSTEES OF HAMPTON COUNTY SCHOOL DISTRICTS 1 AND 2, AND THE PROVISION FOR THE ELECTION OF THE TRUSTEES, SO AS TO PROVIDE THAT PERSONS DESIRING TO QUALIFY AS CANDIDATES FOR ELECTION TO THE BOARDS OF TRUSTEES SHALL FILE A WRITTEN STATEMENT OF CANDIDACY WITH THE HAMPTON COUNTY ELECTION COMMISSION.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3034 -- Reps. Clyborne, Wilkins and Hearn: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING A CHECK AND DETERMINATION OF PROBABLE CAUSE FOR PROSECUTION, SO AS TO ADD A PROVISION REQUIRING A FIFTEEN-DOLLAR SERVICE CHARGE PAYABLE BY THE DRAWER OF A DRAFT, CHECK, OR OTHER WRITTEN ORDER TO THE PAYEE OF THE INSTRUMENT WHEN IT IS PRESENTED FOR PAYMENT IN WHOLE OR IN PART OF A DEBT EXISTING AT THAT TIME AND TO PROVIDE THAT THIS SERVICE CHARGE DOES NOT RELATE TO A PRESUMPTION OF FRAUD.
H. 3018 -- Rep. Clyborne: A BILL TO AMEND SECTION 18-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPEAL FROM A JUDGMENT IN A MAGISTRATE'S OR MUNICIPAL COURT, SO AS TO CHANGE FROM TEN TO THIRTY DAYS THE TIME AN APPELLANT HAS TO FILE HIS NOTICE OF APPEAL.
Rep. WILKINS explained the Bill,
H. 3085 -- Rep. Townsend: A BILL TO AMEND SECTION 16-11-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF MALICIOUS INJURY TO TELEGRAPH, TELEPHONE, OR ELECTRIC UTILITY SYSTEMS, SO AS TO INCLUDE INJURY TO CABLE TELEVISION SYSTEMS IN THE OFFENSE AND TO PROVIDE A SPECIFIC PENALTY FOR THE OFFENSE.
H. 3060 -- Rep. Kirsh: A BILL TO AMEND CHAPTER 11, TITLE 26, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTARIES PUBLIC, BY ADDING SECTION 26-1-95 SO AS TO MAKE IT ILLEGAL FOR A NOTARY PUBLIC IN HIS OFFICIAL CAPACITY TO FALSELY CERTIFY THE AFFIRMING OR SWEARING OF A PERSON TO AN INSTRUMENT, AFFIDAVIT, OR WRITING, TO PROVIDE A PENALTY FOR VIOLATION, AND TO REQUIRE A NOTARY PUBLIC CONVICTED UNDER THE PROVISIONS OF THIS SECTION TO FORFEIT HIS COMMISSION.
Rep. WILKINS explained the Bill.
The following Bill was taken up.
H. 3261 - Judiciary Committee: A BILL TO AMEND SECTION 20-7-1370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS AND TERMS OF JUDGES, SO AS TO INCREASE THE TERMS OF FAMILY COURT JUDGES FROM FOUR TO SIX YEARS.
Reps. McABEE, BLANDING, SIMPSON, BRUCE, WILKINS and VAUGHN objected to the Bill.
The following Bill was taken up.
H. 3262 -- Judiciary Committee: A BILL TO AMEND SECTION 4-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION TO CONDUCT A REFERENDUM TO DETERMINE A CHANGE IN THE FORM OF COUNTY GOVERNMENT, NUMBER OF COUNTY COUNCIL MEMBERS, OR METHODS OF ELECTION, SO AS TO AUTHORIZE A REFERENDUM TO BE HELD TO CHANGE THE METHODS OF ELECTION OF COUNTY COUNCILS AND PROVIDE FOR AND LIMIT THE ALTERNATE METHODS OF ELECTION WHICH MAY BE ESTABLISHED.
Reps. TAYLOR, WASHINGTON, BLACKWELL, FANT, VAUGHN, GORDON, J. BROWN and BLANDING objected to the Bill.
The following Concurrent Resolution was taken up.
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.
Whereas, the members of the General Assembly are aware of the critical need with regard to school building construction and school building renovation in the State; and
Whereas, before further consideration of methods of dealing with these vital needs, members of the General Assembly need comprehensive, factual information from all school districts in the State on the full range of construction and renovation needs and priorities; and
Whereas, it is essential that this information be reported promptly to the General Assembly as it proceeds to consider various remedies. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request the State Department of Education immediately to undertake a comprehensive study of school building construction and school building renovation needs statewide and promptly report its findings to the respective chairmen of the House Ways and Means Committee and the Senate Finance Committee.
Be it further resolved that a copy of this resolution be forwarded to State Superintendent of Education, Charlie G. Williams.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. BLACKWELL moved that the House do now adjourn, which was adopted by a division vote of 50 to 46.
The Senate returned to the House with concurrence the following:
H. 3288 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF DR. LEROY BEATTIE DENNIS OF BISHOPVILLE IN LEE COUNTY.
H. 3292 -- Rep. McCain: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE GRAND AMERICAN ASSOCIATION FOR SPONSORING THE TWENTY-FOURTH GRAND AMERICAN COON HUNT IN ORANGEBURG COUNTY ON JANUARY 6 AND 7, 1989, AND WELCOMING THEM BACK TO ORANGEBURG WHEN THEY RETURN FOR THE TWENTY-FIFTH AND SUBSEQUENT GRAND AMERICAN COON HUNTS.
H. 3293 -- Reps. Hayes, Foster, Nesbitt, Kirsh and Short: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. JACK C. WHITE OF ROCK HILL IN YORK COUNTY WHO DIED ON JANUARY 12, 1989.
H. 3294 -- Rep. Keegan: A CONCURRENT RESOLUTION TO CONGRATULATE COUNTRY MUSIC LEGEND FERLIN HUSKY ON THE OPENING FEBRUARY 17, 1989, OF "THE FERLIN HUSKY JUBILEE" IN MYRTLE BEACH IN HORRY COUNTY.
At 12:35 P.M. the House in accordance with the motion of Rep. BLACKWELL adjourned to meet at 2:00 P.M. tomorrow.
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