Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O Lord our God, we are ever bold to come into Your presence for we are confidently sure that You are more ready to hear than we to pray. Help us to see that the evils that threaten us are not to be shot down, or even to be argued down, but to be lived down. Remove from our hearts any ill will that lurks there, all resentment that curdles and corrodes our peace of conscience. Take away every stubborn pride that would make bitter the best and the highest. Make us leaders with inspired ideas that shall cause this great State to move forward and be a part in making the American dream to come true.
We make our prayer to an ever present and all powerful God. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
January 24, 1989
The Honorable Sandra K. McKinney
Clerk, S.C. House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Dear Ms. McKinney:
This is to advise you that at a meeting of the House Legislative Ethics Committee on January 18, 1989, the following officers were elected:
Representative Patrick B. Harris, Chairman
Representative Larry Blanding, Vice-Chairman
Representative Donna Moss, Secretary
Representative D.N. Holt, Jr., Treasurer
Sincerely,
Ruth D.' Muldrow
Executive Secretary
Received as information.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3173 -- Reps. Huff and McElveen: A BILL TO AMEND SECTION 20-7-1572, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT ORDERS TERMINATING PARENTAL RIGHTS, SO AS TO DELETE THE REQUIREMENT THAT A CHILD'S CUSTODIAN SHALL FIRST REQUEST A PARENT TO MAKE A CONTRIBUTION TO THE CHILD'S SUPPORT AND THE PARENT SUBSEQUENTLY REFUSES TO MAKE THE CONTRIBUTION BEFORE TERMINATION OF PARENTAL RIGHTS MAY BE ORDERED.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
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 14-7-1750, 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.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3102 -- Reps. Wilkins and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-11-85 SO AS TO PROVIDE THAT APPEALS FROM FINAL JUDGMENTS BY A MASTER ARE TO THE CIRCUIT COURT UNLESS THE CIRCUIT COURT'S ORDER OF REFERENCE PROVIDES FOR A DIRECT APPEAL TO THE SUPREME COURT OR THE PARTIES CONSENT IN WRITING TO A DIRECT APPEAL TO THE SUPREME COURT AT THE TIME THE ORDER OF REFERENCE WAS ENTERED OR THE PARTIES CONSENT TO A DIRECT APPEAL TO THE SUPREME COURT ON THE RECORD AT THE HEARING BEFORE THE MASTER.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 3 -- Senators Saleeby, Holland, Land, Martin, McLeod, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Setzler, Shealy, H.C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A JOINT RESOLUTION TO PROHIBIT AN INSURER OR RATING ORGANIZATION DOING BUSINESS IN THIS STATE FROM FILING FOR APPROVAL OF A PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE INCREASE UNTIL AFTER JULY 1, 1989, AND TO PROVIDE FOR RELATED MATTERS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3052 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 TO CHAPTER 21, TITLE 12, SO AS TO PROVIDE FOR THE REGULATION OF THE GAME OF BINGO BY THE TAX COMMISSION, THE TERMS AND MANNER OF PLAYING THE GAME, EXCEPTIONS, CLASSES OF LICENSES FOR PLAYING THE GAME, A TAX ACCORDING TO THE CLASS OF LICENSE, WHO MAY CONDUCT THE GAME, THE HANDLING OF PROCEEDS, REPORTING OF RECEIPTS, BONDING REQUIREMENTS, A PROCEDURE FOR APPEAL OF REVOCATION OF THE LICENSE, INSPECTION AUTHORITY BY THE COMMISSION, DISPOSITION OF REVENUES FROM THE GAME, AND PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-54-90, RELATING TO REVOCATION OF A LICENSE BY THE COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO NOTIFY, BY CERTIFIED MAIL ON PERSONAL SERVICE, A PERSON WHOSE LICENSE IS REVOKED; AND TO REPEAL SECTIONS 12-21-2580 THROUGH 12-21-2630 AND CHAPTER 17 OF TITLE 52 RELATING TO THE REQUIREMENTS FOR SPONSORING BINGO GAMES, REQUIRING AN ANNUAL LICENSE AND AN ADMISSION TAX FOR THESE GAMES, PROVIDING FOR BONDING OF THE OPERATION OF THESE GAMES, AND FOR THE DISPOSITION OF THE REVENUE DERIVED FROM THE PROVISIONS OF SECTIONS 12-21-2590 AND 12-21-2600, AND THE DEFINITION OF THE TERMS AND MANNER OF PLAYING THE GAME OF BINGO AND THE DEFINITION OF WHICH ORGANIZATIONS MAY CONDUCT THE GAME.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3024 -- Rep. McElveen: A BILL TO AMEND SECTION 12-21-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON INSTRUMENTS OF CONVEYANCE OF REALTY, SO AS TO EXCLUDE FROM THE TAX TRANSFERS OF REALTY BETWEEN SPOUSES PURSUANT TO A DIVORCE DECREE AND AN EQUITABLE APPORTIONMENT ORDER.
Ordered for consideration tomorrow.
The following was introduced:
H. 3318 -- Reps. Rudnick, Nettles, Blackwell, McKay, Fant, Farr, Phillips, Barfield, Littlejohn, Davenport, Bruce, Keegan, McGinnis, Wells, G. Bailey, Elliott, J.C. Johnson, Corbett, Jaskwhich, J. Rogers, M.O. Alexander, T.C. Alexander, Altman, J. Bailey, K. Bailey, Baker, Barber, Baxley, Beasley, Bennett, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Cork, Corning, Derrick, Faber, Fair, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hearn, Hendricks, Hodges, Holt, Huff, J.W. Johnson, Kay, Keesley, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Lockemy, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Quinn, Rama, Rhoad, T. Rogers, Sharpe, Sheheen, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF STEVE LOMAS OF COLUMBIA, UPON HIS DEATH DURING THE LEGISLATIVE INTERIM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3319 -- Reps. Rudnick, Harvin, McGinnis, Wells, Keegan, G. Bailey, Corbett, Littlejohn, Barfield, Elliott, J.C. Johnson, Bruce, Jaskwhich and J. Rogers: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE GENERAL ASSEMBLY FOR THE UPCOMING JAMIL SHRINE CIRCUS TO BE HELD ON FEBRUARY 3, 4, AND 5, 1989, AND TO THANK THE SHRINERS OF THE JAMIL TEMPLE FOR THEIR EFFORTS IN HELPING SICK AND NEEDY CHILDREN.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. FAIR, with unanimous consent, the following was taken up for immediate consideration:
H. 3320 -- Rep. Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE AND HOUSE OF REPRESENTATIVES CHAMBERS ON FRIDAY, APRIL 28, 1989, AND SATURDAY, APRIL 29, 1989, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
Whereas, thirty-eight states have successful Youth in Government programs, and thousands of young people have participated in a model legislature and leadership assembly sponsored by the Young Men's Christian Association: and
Whereas, the Youth in Government program is designed to provide a first-hand experience in the state legislature and government affairs for high school students; and
Whereas, students taking part in the program will run for state-wide office, pass legislation, and organize their own government; and
Whereas, the purpose of the Young Men's Christian Association's Youth in Government program is to encourage our youth to develop an enthusiasm about government and community affairs. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly authorize the Young Men's Christian Association to use the Senate and House of Representatives Chambers on Friday, April 28, 1989, and Saturday, April 29, 1989, to conduct a Youth in Government program. No charge may be imposed for the use of the chambers by the Young Men's Christian Association for this purpose.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. WASHINGTON, with unanimous consent, the following was taken up for immediate consideration:
H. 3321 -- Reps. Washington, K. Bailey, Blanding, J. Brown, Faber, Fant, Ferguson, Foster, Glover, Gordon, D. Martin, McBride, Taylor, Whipper, White and D. Williams: A CONCURRENT RESOLUTION TO ENCOURAGE SOUTH CAROLINIANS TO PARTICIPATE IN THE 1990 DECENNIAL CENSUS SO AS TO REAP THE BENEFITS WHICH MAY BE DERIVED FROM A COMPLETE POPULATION COUNT.
Whereas, the Decennial Census questionnaire reaches each household in the nation (94.1 million projected by 1990) every ten years; and
Whereas, governments, businesses, and private individuals use the tabulations as the basis for many decisions, such as determination of representation in the United States House of Representatives and allocation of billions of federal, state, and local funds; and
Whereas, the Census Bureau's goal is to county everyone in the 1990 Census and the people of this State should understand that one hundred percent response benefits everybody. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That each South Carolinian is encouraged to participate in the 1990 Decennial Census 80 that the many benefits which result from a complete population count may be realized.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3322 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MRS. LINDA KAY KEEN GLENN OF ANDERSON WHOSE COURAGE IN HER FIGHT FOR LIFE WAS AN INSPIRATION TO ALL WHO KNEW AND ADMIRED HER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 229 -- Senator Macaulay: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. CAROLYN TUTEN ROSS OF SENECA, UPON BEING NAMED SOUTH CAROLINA TEACHER OF THE YEAR FOR 1989.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3323 -- Reps. Hearn, Sturkie, Derrick, Klapman, Taylor, Wright, McBride, Corning, Faber, T. Rogers, J. Brown, Waites, Quinn, M.D. Burriss and Koon: A BILL TO AMEND SECTION 55-11-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE RICHLAND-LEXINGTON AIRPORT COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO OWN AND PROVIDE MAINTENANCE OF POSTAL FACILITIES WITHIN THE RICHLAND-LEXINGTON AIRPORT DISTRICT; AND TO AMEND ACT 292 OF 1985, RELATING TO THE RICHLAND-LEXINGTON AIRPORT COMMISSION, SO AS TO PROVIDE FOR THE ESTABLISHMENT, OWNERSHIP, OPERATION, AND MANAGEMENT BY THE DISTRICT OF FOREIGN-TRADE SUBZONES AT GEOGRAPHICAL LOCATIONS CONSISTENT WITH LIMITATIONS IMPOSED BY THE FOREIGN TRADE ZONE ACT EVEN THOUGH THESE LOCATIONS MAY BE OUTSIDE THE GEOGRAPHICAL BOUNDARIES OF THE DISTRICT.
On motion of Rep. KLAPMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3324 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO PROHIBIT AN INSURER OR RATING ORGANIZATION DOING BUSINESS IN THIS STATE FROM FILING FOR APPROVAL OF A PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE INCREASE UNTIL AFTER JULY 1, 1989, AND TO PROVIDE FOR RELATED MATTERS.
Without reference.
H. 3325 -- Rep. Hendricks: A BILL TO AMEND SECTION 7-7-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN PICKENS COUNTY, SO AS TO REDEFINE PRECINCT LINES FOR THE CITY OF EASLEY AND TO ESTABLISH THREE ADDITIONAL PRECINCTS.
On motion of Rep. HENDRICKS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3326 -- Reps. Sheheen, McElveen, Hallman and McLeod: A BILL TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS REGARDING HAZARDOUS WASTE, SO AS TO PROHIBIT THE TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE IN THIS STATE GENERATED IN ANOTHER STATE WHICH PROHIBITS THE TREATMENT, STORAGE, OR DISPOSAL OF THAT SUBSTANCE WITHIN ITS OWN BORDERS.
Referred to Committee on Agriculture and Natural Resources.
H. 3327 -- Reps. Waldrop, Washington, White, Nesbitt, Hodges, Townsend, Whipper, Faber, Harvin, Taylor, Davenport and H. Brown: A BILL TO AMEND SECTION 56-15-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FACILITIES REQUIRED FOR THE ISSUANCE OF A MOTOR VEHICLE DEALER'S LICENSE, SO AS TO PROVIDE FOR THE ISSUANCE OF A TEMPORARY LICENSE TO HAVE TENT SALES OR SALES AT TEMPORARY LOCATIONS AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 3328 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 978, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3329 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INSTRUCTION AT A PLACE OTHER THAN SCHOOL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1060, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3330 -- Reps. Wofford, Wells, Davenport, Littlejohn and Keegan: A BILL TO AMEND SECTION 24-23-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF A COMMUNITY CORRECTIONS PLAN, SO AS TO REQUIRE THAT SIXTY PERCENT OF THE FUNDS EXPENDED BY THE DEPARTMENT OF CORRECTIONS FOR REHABILITATION PROGRAMS MUST BE USED TO REHABILITATE YOUTHFUL AND FIRST OFFENDERS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3331 -- Rep. Wofford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-240 SO AS TO PROVIDE FOR THE RETENTION ELECTIONS OF JUSTICES ELECTED TO THE SUPREME COURT AND THE COURT OF APPEALS AND JUDGES ELECTED TO THE CIRCUIT COURT AND THE FAMILY COURT AFTER THEIR ELECTION BY THE GENERAL ASSEMBLY.
Referred to Committee on Judiciary.
H. 3332 -- Reps. Wofford, Haskins, Rama, M.D. Burriss, Mappus, Manly, Quinn, G. Bailey, Moss, Vaughn, Hearn, Wright, Wells, Neilson, Keegan, Bruce, Davenport, Phillips, Corbett, Fair, Littlejohn, Barfield, J. Harris, McGinnis, Winstead and Limehouse: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIME", SO AS TO INCLUDE ADDITIONAL CRIMES.
Referred to Committee on Judiciary.
H. 3333 -- Reps. Wofford, Manly, Keegan, Corbett, Wells, Davenport, Littlejohn, Lockemy, McGinnis, Barfield and Limehouse: A BILL TO AMEND SECTION 16-23-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL PUNISHMENT FOR POSSESSING A FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME, SO AS TO INCREASE THE PENALTY FOR VIOLATION AND PROVIDE FOR THE PENALTY TO BE MANDATORY AND TO RUN CONSECUTIVELY.
Referred to Committee on Judiciary.
H. 3334 -- Reps. Klapman, Sturkie, Sharpe and Derrick: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 SO AS TO CREATE THE MIDLANDS TECHNICAL COLLEGE COMMISSION, TO DEFINE THE FUNCTIONS, POWERS, AND DUTIES OF THE COMMISSION, AND TO PROVIDE FOR THE TRANSFER OF ASSETS AND LIABILITIES AND THE CONTINUED OPERATION OF MIDLANDS TECHNICAL COLLEGE, AND TO REPEAL ARTICLE 19, CHAPTER 53, TITLE 59 OF THE 1976 CODE, RELATING TO THE RICHLAND-LEXINGTON COUNTIES COMMISSION FOR TECHNICAL EDUCATION.
Referred to Committee on Education and Public Works.
H. 3335 -- Reps. Baker and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-1035 SO AS TO INCREASE THE TAXES ON BEER, SECTION 12-21-1315 SO AS TO INCREASE THE TAXES ON WINE, SECTION 12-33-245 SO AS TO INCREASE THE TAXES ON ALCOHOLIC LIQUOR, AND SECTION 38-77-625 SO AS TO PROVIDE THAT THE PROCEEDS OF THESE ADDITIONAL TAXES MUST BE USED TO OFFSET CURRENT AND FUTURE LOSSES OF THE SOUTH CAROLINA REINSURANCE FACILITY, AND TO REQUIRE THE REDUCTION OF FACILITY RECOUPMENT CHARGES ON A PRO RATA BASIS FOR ANY YEAR BY AN AMOUNT EQUAL TO WHAT THE CHIEF INSURANCE COMMISSIONER DETERMINES TO HAVE BEEN RECEIVED FROM THE ABOVE TAXES DURING THE PREVIOUS YEAR.
Referred to Committee on Ways and Means.
H. 3336 -- Reps. Holt, Winstead, Washington, J. Bailey, D. Martin, Kohn and Hallman: A BILL TO AMEND SECTION 5-31-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMISSIONERS OF PUBLIC WORKS, SO AS TO PROVIDE THAT MUNICIPALITIES HAVING A POPULATION OF TWENTY THOUSAND OR LESS ACCORDING TO THE 1950 CENSUS MAY ELECT TWO ADDITIONAL COMMISSIONERS AT ANY GENERAL ELECTION AFTER AUTHORIZING THEM BY ORDINANCE.
Rep. HOLT asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. O. PHILLIPS objected.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3337 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-1-205, 20-1-222, 20-1-224, 20-1-226, AND 20-1-228; AND TO AMEND SECTIONS 20-1-210, 20-1-220, 20-1-230, 20-1-240, 20-1-280, 20-1-290, AND 20-1-300, RELATING TO MARRIAGE LICENSES, SO AS TO PROVIDE FOR THE REQUIREMENT OF A PHYSICIAN'S CERTIFICATE DETAILING A PREMARITAL MEDICAL EXAMINATION INCLUDING LABORATORY TESTS FOR SEXUALLY TRANSMITTED DISEASES, PROVIDE FOR DEFINITIONS, PROVIDE CIRCUMSTANCES UNDER WHICH A LICENSE MUST NOT BE ISSUED, PROVIDE FOR APPEALS AND EXCEPTIONS, PROVIDE FOR REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, REQUIRE INFORMATION ON SEXUALLY TRANSMITTED DISEASES TO BE PROVIDED TO LICENSE APPLICANTS, AND PROVIDE PENALTIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3338 -- Rep. L. Martin: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF GRAPHIC COMMUNICATIONS, INC., IN PICKENS COUNTY.
On motion of Rep. L. MARTIN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3339 -- Reps. Carnell, McAbee and J.C. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-2-195 SO AS TO PROVIDE THAT JURORS FOR MAGISTRATES' COURTS IN A COUNTY, AT THE DISCRETION OF THE COUNTY GOVERNING BODY, MAY BE DRAWN AND SUMMONED BY COMPUTER IN THE MANNER THE SUPREME COURT BY ORDER DIRECTS.
On motion of Rep. CARNELL, with unanimous consent the Bill was ordered placed on the Calendar without reference.
H. 3340 -- Reps. Neilson, G. Bailey, M.O. Alexander, Fant, Lockemy, Davenport and McGinnis: A BILL TO AMEND SECTION 38-73-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, SO AS TO REVISE CERTAIN METHODS BY WHICH AUTOMOBILE INSURANCE RATES ARE ESTABLISHED IN THIS STATE.
Referred to Committee on Labor, Commerce and Industry.
H. 3341 -- Rep. Hayes: A BILL TO AMEND SECTION 56-5-5630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE REQUIRED TO BE GIVEN TO OWNERS AND LIENHOLDERS BY A SHERIFF OR CHIEF OF POLICE WHEN AN ABANDONED MOTOR VEHICLE HAS BEEN TAKEN INTO CUSTODY, SO AS TO AUTHORIZE THE NOTICE TO BE SENT BY CERTIFIED MAIL IN ADDITION TO REGISTERED MAIL.
Referred to Committee on Judiciary.
S. 142 -- Senator Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-160 SO AS TO PROVIDE FOR THE REQUIREMENTS OF WRITTEN COMMUNICATIONS BY PUBLIC EMPLOYEES AND OFFICIALS AND TO DEFINE TERMS.
Referred to Committee on Judiciary.
S. 185 -- Senator Williams: 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, AND TO AMEND SECTION 14-7-1750, RELATING TO INDICTMENTS, SO AS TO PROVIDE THAT THE PRESIDING JUDGE SHALL RETURN AN INDICTMENT TO THE APPROPRIATE COUNTY BY ORDER, AND FURTHER PROVIDE FOR THE DISCLOSURE OF INDICTMENT RETURNS.
On motion of Rep. WILKINS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 202 -- Finance Committee: A BILL TO AMEND CHAPTER 54, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT AND COLLECTION OF TAXES, BY ADDING ARTICLE 5, THE SOUTH CAROLINA TAXPAYERS' BILL OF RIGHTS.
Referred to Committee on Ways and Means.
S. 216 -- Finance Committee: A JOINT RESOLUTION TO PROVIDE THAT THE TIME FOR FILING OF APPLICATIONS FOR AD VALOREM PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976 FOR THE 1987 AND 1988 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1989.
Referred to Committee on Ways and Means.
S. 219 -- Finance Committee: A BILL TO AMEND SECTION 12-15-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING REQUIREMENTS FOR SOUTH CAROLINA ESTATE TAX RETURNS, SO AS TO INCREASE THE GROSS ESTATE AMOUNT ABOVE WHICH RETURNS MUST BE FILED IN COORDINATION WITH PHASED-IN INCREASES IN THE SPECIFIC EXEMPTIONS FOR ESTATES.
Referred to Committee on Ways and Means.
S. 220 -- Finance Committee: 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.
On motion of Rep. WILKINS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 221 -- Judiciary Committee: 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 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 ANY DEBT EXISTING AT THAT TIME.
Referred to Committee on Judiciary.
S. 222 -- Judiciary Committee: A BILL TO AMEND SECTION 36-9-103, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERFECTION OF SECURITY INTEREST IN MULTIPLE-STATE TRANSACTIONS, SO AS TO PROVIDE THAT WITH CERTAIN EXCEPTIONS PERFECTION AND THE EFFECT OF PERFECTION OR NONPERFECTION OF A SECURITY INTEREST IN COLLATERAL ARE GOVERNED BY THE LAW OF THE JURISDICTION WHERE THE COLLATERAL IS WHEN THE LAST EVENT OCCURS ON WHICH IS BASED THE ASSERTION THAT THE SECURITY INTEREST IS PERFECTED OR NONPERFECTED.
Referred to Committee on Judiciary.
S. 224 -- Judiciary Committee: A BILL TO REPEAL SECTION 8-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, WHICH REQUIRES AN ADDITIONAL OATH FOR COUNTY OFFICERS WITH REGARD TO SHARING PROFITS.
Referred to Committee on Judiciary.
The following was introduced:
H. 3342 -- Reps. Wright, T.M. Burriss, Corning, Hearn, Koon, Taylor, T. Rogers, Waites, M.D. Burriss, J. Brown, Sharpe and Faber: A CONCURRENT RESOLUTION TO ENCOURAGE THE CITY GOVERNMENTS OF CAYCE, COLUMBIA, AND WEST COLUMBIA AND THE COUNTY COUNCILS OF LEXINGTON AND RICHLAND COUNTIES TO INCLUDE, EXAMINE, AND CONSIDER THE PROPOSAL OF "THE BRIDGE" AS THE LOCATION FOR THE CONVENTION CENTER.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
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 Corning Davenport Derrick Faber Fair Fant Farr Felder Foster Gentry 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 Littlejohn Lockemy Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Snow Stoddard 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 25, 1989.
STATEMENT OF ATTENDANCE
Rep. HUFF signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, January 19, 1989.
I was not present during the Session but arrived in time to attend the meetings on Thursday, January 19.
ROBERT J. SHEHEEN
The SPEAKER granted Rep. CORK a leave of absence for today and tomorrow to speak at an out of state Rotary Seminar.
The SPEAKER granted Rep. LIMEHOUSE a leave of absence for the day.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
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 Joint Resolution was taken up.
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.
Rep. BEASLEY made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up, read the second time, and ordered to a third reading:
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, it was ordered that H. 3312 be read the third time tomorrow.
The following Act was taken up.
(R795) H. 4073 -- Reps. Dangerfield, J. Bradley, Aydlette, Washington, Winstead, Kohn, D. Martin, Klapman, Altman, Mappus, Whipper and Holt: AN ACT TO AMEND SECTIONS 57-5-820 AND 57-5-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSENT OF A MUNICIPALITY TO WORK ON HIGHWAYS WITHIN ITS LIMITS, SO AS TO PROVIDE THAT, UPON APPEAL BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND ONE GENERAL PURPOSE LOCAL GOVERNMENT TO AN APPEALS COMMITTEE WHEN A MUNICIPALITY DISAPPROVES CONSTRUCTION WITHIN ITS LIMITS, THE WORK MAY BE COMPLETED IF THE COMMITTEE MAKES A FINDING THAT THE WORK IS INCLUDED IN THE URBAN AREA TRANSPORTATION PLAN, IS OF GREAT SIGNIFICANCE TO MORE THAN ONE POLITICAL SUBDIVISION, AND DOES NOT ADVERSELY AFFECT THE QUALITY OF LIFE IN THE DISAPPROVING MUNICIPALITY AND WITHOUT PLAN APPROVAL OF THE DISAPPROVING MUNICIPALITY AND TO PROVIDE FOR APPEALS.
Reps. J. BAILEY and WASHINGTON spoke against the Veto.
Rep. HASKINS spoke in favor of 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:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Bailey, K. Barber Beasley Bennett Boan Brown, G. Brown, J. Brown, R. Burch Faber Fant Farr Glover Harris, J. Hodges Holt Johnson, J.W. Keyserling Lockemy Manly Martin, D. Martin, L. McBride McElveen McLellan McTeer Phillips Rhoad Rogers, J. Sheheen Short Snow Taylor Waites Washington Whipper White Wilder Wilkes Williams, D. Williams, J.
Those who voted in the negative are:
Baker Barfield Baxley Blackwell Brown, H. Bruce Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Corning Davenport Derrick Elliott Fair Felder Foster Gentry Gordon Hallman Harvin Haskins Hayes Hearn Jaskwhich Johnson, J.C. Kay Keegan Keesley Kirsh Klapman Kohn Koon Lanford Littlejohn Mappus Mattos McAbee McCain McEachin McGinnis McKay Moss Neilson Nesbitt Nettles Quinn Rama Rudnick Sharpe Simpson Stoddard Sturkie Townsend Tucker Vaughn Wells Winstead Wofford Wright
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The SPEAKER granted Reps. J. BROWN, FABER and M.D. BURRISS a temporary leave of absence.
The following Concurrent Resolution was taken up.
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.
Rep. BAXLEY made the Point of Order that the Concurrent Resolution was improperly before the House for consideration since printed copies of the Concurrent Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Concurrent Resolution was taken up.
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.
Whereas, the Easter Seal Society has again embarked upon its most worthwhile project to raise funds for handicapped children, culminating in the thirty-seventh annual "B.A.C. - Coffee Day for Handicapped Children" in South Carolina on Good Friday, March 24, 1989; and
Whereas, under the statewide leadership of R.B. "Joe" Dean, State Easter Seal President, and Mrs. Carroll A. Campbell, Honorary State Campaign Chair, and Allen P. Corbett, State Campaign Chair, ably assisted by Lt. Edward R. Tallon, Sr., State President, Major Alton T. Morris, "B.A.C." Project Chairman, and John L. Caudle, II, Executive Director, all from the South Carolina Law Enforcement Officers' Association, and John G. Riddick, Executive Director, Harold L. Corley, "B.A.C." Project Chairman, and C. Scotty Langham, Jr., President, from the South Carolina Restaurant Association, this program is destined to raise thousands of dollars to aid our very deserving handicapped children and assist them in overcoming their disabilities: and
Whereas, the "B.A.C." buttons will go on sale on Friday, March 10, 1989; and
Whereas, the "B.A.C." project and all other programs of the Easter Seal Society deserve the support and merit the praise of all the citizens of the State. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That Wednesday, March 8, 1989, is designated "Handicapped Children's Day" in South Carolina and that Benjamin (B.J.) Anthony, Jr., son of Mr. and Mrs. Benjamin Anthony, Sr. of Charleston County; James J. (Joey) Cameron, son of Mr. and Mrs. James M. Cameron of Georgetown County; Alisha Catoe, daughter of Mr. and Mrs. Tommy Catoe of Chesterfield County; Preston Victor Church, son of Ms. Judith Irene Church of Greenville County; and Mary Ann Stanley, daughter of Mr. and Mrs. Thomas Stanley of Richland County, who have been chosen to serve as State Easter Seal Representatives to represent all of our handicapped citizens, be presented to the General Assembly, along with their parents, in a joint session in the Hall of the House of Representatives on Wednesday, March 8, 1989.
Be it further resolved that the General Assembly extends to the Easter Seal Society and its many dedicated supporters its sincere wishes for continued success in its many constructive and compassionate programs on behalf of persons with disabilities.
Be it further resolved that a copy of this resolution be forwarded to Herman L. Shealy, Jr., Executive Director of the Easter Seal Society, for distribution to the state chairmen of the various phases of the Easter Seal campaign and the "B.A.C." project, as well as to the State Easter Seal Representatives themselves.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
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.
Rep. KLAPMAN made the Point of Order that the Concurrent Resolution was improperly before the House for consideration since printed copies of the Concurrent Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Concurrent Resolution was taken up.
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.
Whereas, over three hundred eighty thousand Jews have taken the first steps to apply for permission to leave the Soviet Union; and
Whereas, although a marked increase from the nine hundred fourteen Jews allowed to leave the Soviet Union in 1986, Jewish emigration in 1987 (up to September 30 of that year) reached a total of five thousand four hundred three -- a small percentage of those permitted to emigrate in 1979, when fifty-one thousand three hundred emigrated; and
Whereas, while the Soviet Union is a signatory to the Helsinki Accords and other international covenants regarding emigration, permission to emigrate continues to be granted or denied arbitrarily by the Soviet authorities; and
Whereas, the Soviet Union has adopted a new policy of "glasnost", or openness, for all its citizens; and
Whereas, it is anticipated that talks between President Reagan and General Secretary Gorbachev will continue between the General Secretary and President George Bush during the new United States Administration; and
Whereas, it is imperative that the importance of the continuing struggle on behalf of the rights of Soviet Jews, Christians, and Moslems be recognized. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, supports the spirit of "glasnost", human rights, and the rights of Soviet Jews, Christians, and Moslems to emigrate.
Be it further resolved that a copy of this resolution be forwarded to the Anti-Defamation League of B'nai B'rith the Jewish Community Relations Council, the Soviet Jewry Council, each member of the South Carolina Congressional delegation at Washington, D.C., the President of the United States, and General Secretary Gorbachev of the Soviet Union.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
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.
Be it resolved by the House of Representatives, the Senate concurring:
That the Honorable H.F. (Sparky) Gierke of North Dakota, National Commander of the American Legion, is invited to address the General Assembly in joint session at 12:00 Noon on Wednesday, March 29, 1989.
Rep. SHEHEEN explained the Resolution.
Rep. FOSTER moved to adjourn debate upon the Resolution, which was rejected.
The question then recurred to the adoption of the Concurrent Resolution.
Rep. SIMPSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Barber Barfield Baxley Bennett Brown, G. Brown, H. Brown, R. Bruce Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Corbett Corning Davenport Elliott Farr Gentry Glover Gordon Hallman Harris, J. Harvin Harwell Haskins Hayes Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Lanford Littlejohn Lockemy Manly Mappus Martin, D. Martin, L. Mattos McAbee McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Phillips Quinn Rama Rhoad Rogers, T. Rudnick Sheheen Short Simpson Snow Stoddard Sturkie Taylor Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Winstead Wofford Wright
Those who voted in the negative are:
So, the Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. BLACKWELL moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Blackwell Blanding Brown, G. Burriss, T.M. Faber Glover Hallman Mattos McBride Taylor Vaughn Washington Whipper
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Barber Baxley Bennett Brown, H. Brown, R. Bruce Carnell Chamblee Clyborne Cole Cooper Corbett Corning Davenport Derrick Elliott Fair Fant Farr Gentry Gordon Harvin Haskins Hayes Hearn Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Kohn Koon Littlejohn Lockemy Mappus Martin, D. Martin, L. McAbee McCain McEachin McElveen McGinnis McKay McTeer Moss Neilson Phillips Quinn Rama Rhoad Rudnick Sheheen Simpson Snow Stoddard Sturkie Tucker Waites Waldrop Wells White Wilder Wilkes Wilkins Winstead Wofford Wright
So, the House refused to adjourn.
Rep. BAXLEY moved to recall H. 3060 from the Senate, which was agreed to.
Rep. HUFF moved to dispense with the Motion Period.
As a first substitute Rep. PHILLIPS moved to recall H. 3336 from the Medical, Military, Public and Municipal Affairs Committee, which was agreed to.
Rep. WILKINS moved to dispense with the Motion Period, which was agreed to.
Rep. BAXLEY moved to reconsider the vote whereby H. 3060 was given a third reading and the motion was noted.
The following Bill was taken up.
H. 3106 -- Rep. D. Martin: A BILL TO AMEND SECTION 7-25-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DISTRIBUTION OF CAMPAIGN LITERATURE, SO AS TO REQUIRE THAT NO PERSON MAY DISTRIBUTE CAMPAIGN LITERATURE WITHIN TWO HUNDRED FEET OF THE EXTERIOR DOOR DESIGNATED BY THE CHAIRMAN OF THE POLL MANAGERS INSTEAD OF FROM THE BUILDING IN WHICH A POLLING PLACE IS LOCATED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1086U), which was adopted.
Amend the bill, as and if amended, by striking Section 1 and inserting:
/SECTION 1. Section 7-25-180 of the 1976 Code is amended to read:
"Section 7-25-180. It shall be is unlawful on any an election day within two hundred feet of the building wherein a polling place is located any entrance being used by the electors or inside the building where the polling place is located for any a person to distribute any type of campaign literature or place any political posters. The poll manager shall use every reasonable means to keep the area within two hundred feet of the polling place any entrance being used by the electors or inside the building where the polling place is located clear of political literature and displays, and the county and municipal law enforcement officers shall, upon request of a poll manager, shall remove or cause to be removed any material within two hundred feet of a polling place being distributed or displayed in violation of this sections."/
Amend title to conform.
Rep. WILKINS explained the amendment.
Rep. CORNING spoke against the amendment.
Reps. D. MARTIN, WASHINGTON and HASKINS spoke in favor of the amendment.
Rep. WILKINS spoke in favor of the amendment.
The amendment was then adopted by a division vote of 77 to 12.
Rep. TAYLOR moved that the House do now adjourn.
Rep. RUDNICK raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
The question then recurred to the motion that the House do now adjourn.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, J. Bailey, K. Blackwell Blanding Brown, G. Brown, H. Brown, J. Carnell Chamblee Cooper Faber Fant Johnson, J.W. Koon Mappus Mattos McAbee McBride McGinnis McTeer Phillips Rhoad Rogers, T. Snow Sturkie Taylor Vaughn Washington Whipper White Wofford
Those who voted in the negative are:
Alexander, T.C. Baker Barber Barfield Baxley Bennett Brown, R. Bruce Burch Clyborne Cole Corbett Corning Elliott Fair Felder Foster Gentry Harris, J. Harvin Haskins Hayes Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.C. Keegan Keesley Keyserling Kirsh Klapman Littlejohn Lockemy Martin, D. Martin, L. McCain McEachin McElveen Moss Neilson Nesbitt Nettles Quinn Rama Rudnick Sheheen Short Simpson Tucker Waites Waldrop Wells Wilder Wilkins Williams, J. Winstead Wright
So, the House refused to adjourn.
Rep. HENDRICKS proposed the following Amendment No. 2 (Doc. No. 1149U), which was adopted.
Amend the Report, as and if amended, in Section 7-25-180, as contained in SECTION 1, beginning on page 3106-1, by striking on lines 32 and 40 /two/ and inserting /two three/.
Amend title to conform.
Rep. HENDRICKS explained the amendment.
Rep. D. MARTIN spoke against the amendment and moved to table the amendment, which was not agreed to by a division vote of 26 to 53.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. NESBITT proposed the following Amendment No. 3 (Doc. No. 1242U), which was tabled.
Amend the Report, as and if amended, in Section 7-25-180, as contained in SECTION 1, page 3106-1, by striking beginning on line 37 /or place any political posters/ and inserting /, or place any political posters, or campaign for himself or another person/.
Amend further, beginning on line 43 /and displays/ and inserting /and displays, and persons campaigning/.
Amend further, by inserting after /displayed/ on line 3, page 3106-2 /or any person campaigning/.
Amend title to conform.
Rep. NESBITT explained the amendment.
The SPEAKER granted Rep. McLELLAN a temporary leave of absence.
Rep. HUFF moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 56 to 26.
Rep. McCAIN moved that the House do now adjourn.
Rep. WILKINS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
The question then recurred to the motion that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Bailey, K. Baxley Blackwell Brown, H. Carnell Chamblee Clyborne Cooper Davenport Faber Fant Farr Foster Gordon Hearn Johnson, J.W. Keyserling Kirsh Mattos McAbee McBride McCain McTeer Nesbitt Phillips Rhoad Rogers, T. Simpson Stoddard Taylor Townsend Vaughn Washington Whipper Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Barber Barfield Bennett Brown, J. Brown, R. Bruce Burch Cole Corbett Corning Elliott Fair Felder Gentry Harris, J. Harwell Haskins Hayes Hodges Huff Jaskwhich Johnson, J.C. Kay Keesley Klapman Koon Littlejohn Lockemy Martin, D. Martin, L. McEachin McElveen McKay Moss Neilson Nettles Quinn Rama Rudnick Sheheen Short Snow Tucker Waites Waldrop Wells Wilder Wilkes Wilkins Williams, J. Wright
So, the House refused to adjourn.
Reps. RUDNICK and KEESLEY proposed the following Amendment No. 4 (Doc. No. 1147U), which was tabled.
Amend the Report, as and if amended, by striking Section 7-25-180, as contained in SECTION 1, beginning on page 3106-1, and inserting:
/Section 7-25-180. It shall be is unlawful on any an election day within two hundred feet of the any part of a building wherein where a polling place is located for any a person to distribute or display any type of campaign literature or place any political posters. The poll manager shall use every reasonable means to keep the area within two hundred feet of any part of the building where the polling place is located clear of political literature and displays, and the county and municipal lawenforcement law enforcement officers shall, upon request of a poll manager, shall remove or cause to be removed any material within two hundred feet of a polling place distributed or displayed in violation of this section./
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. HODGES moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 58 to 17.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, K. Baker Barber Barfield Bennett Blackwell Brown, H. Brown, J. Brown, R. Bruce Burch Carnell Chamblee Clyborne Cole Cooper Corbett Davenport Elliott Faber Fair Fant Farr Felder Foster Gentry Gordon Harris, J. Harwell Haskins Hayes Hearn Hodges Jaskwhich Johnson, J.W. Kay Keegan Keyserling Kirsh Koon Lanford Littlejohn Lockemy Martin, D. Martin, L. Mattos McAbee McBride McEachin McGinnis McKay McLellan McTeer Moss Neilson Nesbitt Nettles Phillips Rama Rhoad Sharpe Sheheen Short Simpson Snow Townsend Tucker Vaughn Waldrop Wells Whipper White Wilder Wilkins Williams, D. Williams, J. Wright
Those who voted in the negative are:
Bailey, J. Baxley Blanding Glover Johnson, J.C. Keesley Klapman Manly McCain Quinn Rudnick Taylor Waites Washington Wilkes
So, the Bill, as amended, was read the second time and ordered to third reading.
I was out of the Chamber at the time of voting. I would have voted in favor of this Bill.
Rep. Winstead
Rep. McABEE moved that the House do now adjourn.
Rep. McBRIDE raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
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.
Rep. WILKINS explained the Bill.
Reps. KIRSH, McABEE, SIMPSON and TOWNSEND spoke against the Bill.
Rep. HUFF spoke in favor of the Bill.
Rep. SHEHEEN spoke in favor of the Bill.
Rep. McABEE moved to continue the Bill.
The question then recurred to the motion to continue the Bill.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Bailey, K. Baker Barfield Blackwell Brown, H. Brown, R. Bruce Chamblee Cooper Corbett Davenport Derrick Elliott Faber Foster Glover Hallman Hearn Keegan Kirsh Klapman Koon Lanford Littlejohn Mappus McAbee McBride McCain McGinnis Moss Neilson Nesbitt Phillips Quinn Sharpe Simpson Taylor Townsend Vaughn Washington Wells White Winstead Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, J. Barber Baxley Beasley Blanding Boan Burch Carnell Clyborne Cole Corning Fair Fant Farr Felder Gentry Gordon Harris, J. Harwell Haskins Hayes Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keesley Keyserling Lockemy Manly Martin, D. Martin, L. Mattos McEachin McElveen McKay McTeer Nettles Rama Rhoad Rogers, T. Rudnick Sheheen Short Snow Sturkie Tucker Waites Waldrop Whipper Wilder Wilkes Wilkins Williams, D. Williams, J. Wright
So, the House refused to continue the Bill.
Rep. BLACKWELL moved to table the Bill.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T. Bailey, G. Bailey, K. Baker Barfield Blackwell Brown, H. Brown, R. Bruce Chamblee Cooper Corbett Davenport Derrick Elliott Faber Foster Hallman Hearn Kay Keegan Kirsh Koon Lanford Littlejohn McAbee McBride McCain McGinnis Moss Neilson Nesbitt Phillips Quinn Sharpe Short Simpson Taylor Townsend Vaughn Washington Wells White Williams, D. Winstead Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Bailey, J. Barber Baxley Beasley Blanding Boan Burch Carnell Clyborne Cole Corning Fair Fant Farr Felder Gentry Glover Gordon Harris, J. Harwell Haskins Hayes Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keesley Keyserling Lockemy Manly Mappus Martin, D. Martin, L. Mattos McEachin McElveen McKay McTeer Nettles Rama Rhoad Rogers, T. Rudnick Sheheen Snow Sturkie Tucker Waites Waldrop Whipper Wilder Wilkes Wilkins Williams, J.
So, the House refused to table the Bill.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Bailey, J. Barber Beasley Boan Brown, J. Burch Carnell Clyborne Cole Corning Elliott Faber Fair Farr Felder Gentry Gordon Harris, J. Harwell Haskins Hayes Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keesley Keyserling Lockemy Manly Mappus Martin, D. Martin, L. Mattos McBride McEachin McElveen McKay McTeer Nettles Rama Rhoad Rogers, T. Rudnick Sheheen Snow Taylor Tucker Waites Waldrop Whipper Wilder Wilkes Wilkins Williams, J.
Those who voted in the negative are:
Alexander, T.C Bailey, G. Bailey, K. Baker Barfield Baxley Blackwell Blanding Brown, H. Brown, R. Bruce Chamblee Cooper Corbett Davenport Derrick Fant Foster Glover Hallman Hearn Keegan Kirsh Klapman Koon Littlejohn McAbee McCain McGinnis McLellan Moss Neilson Nesbitt Phillips Quinn Sharpe Short Simpson Townsend Vaughn Washington Wells White Williams, D. Winstead Wofford Wright
So, the Bill was read the second time and ordered to third reading.
Rep. WILKINS moved to reconsider the vote whereby the Bill was given a second reading.
Rep. HUFF moved to table the motion to reconsider.
Rep. TAYLOR moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Bailey, K. Baker Barber Barfield Baxley Blackwell Blanding Brown, H. Brown, R. Bruce Chamblee Cooper Corbett Davenport Derrick Elliott Faber Fant Farr Felder Foster Hallman Hearn Keegan Keyserling Kirsh Klapman Koon Lanford Littlejohn Manly Mappus Mattos McAbee McBride McCain McLellan McTeer Moss Neilson Phillips Quinn Sharpe Simpson Sturkie Taylor Townsend Vaughn Washington Whipper White Wilkes Williams, D. Winstead Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Beasley Boan Burch Clyborne Cole Corning Fair Gentry Glover Gordon Harris, J. Harwell Haskins Hayes Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keesley Lockemy Martin, D. Martin, L. McEachin McElveen McGinnis McKay Nesbitt Nettles Rama Rhoad Rogers, T. Rudnick Sheheen Short Snow Tucker Waites Waldrop Wells Wilder Wilkins Williams, J.
So, the motion to adjourn was agreed to.
I stepped away from my desk to talk with a constituent on the phone. If I had voted I would have voted for the passage of H. 3261.
Rep. ALEX HARVIN
At 5:00 P.M. the House in accordance with the motion of Rep. TAYLOR adjourned to meet at 10:00 A.M. tomorrow.
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Tuesday, June 30, 2009 at 1:22 P.M.