Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Rev. Jack Stephenson, Pastor of Walhalla Presbyterian Church, Walhalla, S.C.
Mighty and Wonderful Father, who divided light from darkness, and made the sun to shine: new every morning is Your love, and all day long You are working for good in the world.
We pray for peace among men and nations and states, divided by ancient pride or wrongs remembered. We pray for hungry and poor men and women, for victims of greed or careless gain. We pray for the friendless, the sick and the fearful, for prisoners, for people who are burdened. With justice You watch over the ways of men, and in love know each one by name. Lift those who are put down by poverty, hurt by injustice, or scorned by neighbors. Do not let us forget people you remember.
Forgive pride that overlooks national wrong, or justifies injustice. Forgive divisions caused by prejudice or greed. Have mercy on the heart of this State. Make us compassionate, fair, and helpful to each other. Raise up in us a right patriotism, that sees and seeks good for this state.
Almighty God: You made the world and named it good and gave it to our management. Make us wise enough to keep air clear and water pure and natural beauty beautiful.
You give us leaders to cry out for justice and mercy. Open our ears to hear them, and to follow the truth they speak, lest we support injustice to secure our own wellbeing.
Watch over the ways of business, so that those who buy or sell, get or lend, may live justly and show mercy and walk humbly in Your ways. May profits be fair and contracts kept. In our dealing with each other may we display true charity.
High God, Holy God: You rule the ways of men, and govern every earthly government. Work with those who work for peace. Make every legislator a statesman, an agent of your reconciliation, an ambassador of hope. Bring peace and goodwill among men, fulfilling among us the promise made in Jesus Christ, who was born to save the world.
Almighty God, Ruler of men: direct those who make, administer, and judge our laws: President Bush, Governor Campbell, these esteemed Legislators, and others in authority among us, that, led by Your wisdom, they may lead us in the way of righteousness; through Jesus Christ our Lord. 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 Rep. KEEGAN.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER Pro Tempore ordered it confirmed.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of South Carolina PTA for a luncheon, February 8, 1989, 12:30 P.M. at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
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.
On motion of Rep. McEACHIN the following Concurrent Resolution was referred to the Committee on Agriculture and Natural Resources.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
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.
On motion of Rep. FOSTER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
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.
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.
Be it resolved by the House of Representatives, the Senate concurring:
That the Commission on the Future of South Carolina is invited to present its final report to the General Assembly in joint session in the Hall of the House of Representatives at twelve o'clock noon on Wednesday, February 22, 1989.
Be it further resolved that a copy of this resolution be forwarded to the Commission on the Future of South Carolina.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 3343 -- Reps. Farr, Phillips, Gentry, Waldrop and Moss: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF CAROLYN Y. LAKE OF NEWBERRY COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3344 -- Rep. Lockemy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-3335 SO AS TO REQUIRE A RAILROAD COMPANY TO PROVIDE NOTICE OF ANY HAZARDOUS SUBSTANCE WITH WHICH AN EMPLOYEE COULD COME IN CONTACT WHEN HE IS REQUIRED TO WORK AT THE SITE OF A RAILROAD ACCIDENT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3345 -- Rep. Rudnick: A BILL TO AMEND SECTION 16-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POINTING A FIREARM AT ANY PERSON, SO AS TO REVISE THE PENALTIES FOR VIOLATION.
Referred to Committee on Judiciary.
H. 3346 -- Rep. Rudnick: A BILL TO AMEND SECTIONS 58-3-20, 58-3-30, AND 58-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR THE POPULAR ELECTION OF ONE COMMISSIONER FROM EACH CONGRESSIONAL DISTRICT OF THIS STATE AND ONE COMMISSIONER FROM THE STATE AT LARGE WHO SHALL SERVE AS CHAIRMAN; AND TO REPEAL SECTIONS 58-3-21, 58-3-22, 58-3-23, 58-3-24, AND 58-3-25 RELATING TO THE MERIT SELECTION PANEL AND OTHER SIMILAR MATTERS PERTAINING TO THE ELECTION OF PERSONS TO THE PUBLIC SERVICE COMMISSION.
Referred to Committee on Judiciary.
H. 3347 -- Rep. Rudnick: A BILL TO REQUIRE ALIENS AND AGENTS AND SERVANTS OF ALIENS WHO OWN REAL PROPERTY FOR THE BENEFIT OF ALIENS TO FILE A REPORT OF REAL PROPERTY OWNERSHIP WITH THE SECRETARY OF STATE AND TO PROVIDE FOR A PENALTY.
Referred to Committee on Judiciary.
H. 3348 -- Reps. Rudnick and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-105 SO AS TO REQUIRE INSURERS TO PAY CLAIMS WITHIN FIFTEEN DAYS OF THE RECEIPT OF THE PROOF OF LOSS, TO PROVIDE CERTAIN EXCEPTIONS TO THIS GENERAL RULE, AND TO PROVIDE THAT INSURERS NOT COMPLYING WITH THE ABOVE PROVISIONS ALSO SHALL PAY THE INSURED INTEREST ON THE BENEFITS DUE AT THE RATE OF EIGHTEEN PERCENT PER ANNUM.
Referred to Committee on Labor, Commerce and Industry.
H. 3349 -- Reps. Rudnick and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-295 SO AS TO PROVIDE THAT ANY PERSON DURING THE COMMISSION OF A FELONY WHO IMPERSONATES A LAW ENFORCEMENT OFFICER OR WHO USES EQUIPMENT THAT GIVES THE IMPRESSION THAT HE IS A LAW ENFORCEMENT OFFICER IS GUILTY OF AN ADDITIONAL FELONY AND, UPON CONVICTION, MUST BE SENTENCED TO IMPRISONMENT FOR FIVE YEARS, NO PART OF WHICH IS SUSPENDED AND FOR WHICH PAROLE MUST NOT BE GRANTED FOR ANY PORTION, AND TO PROVIDE THAT THIS SENTENCE MUST NOT BE SERVED CONCURRENTLY WITH ANY OTHER SENTENCE GIVEN THE OFFENDER.
Referred to Committee on Judiciary.
H. 3350 -- Reps. Rudnick, Keesley and J.C. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1035 SO AS TO MAKE IT UNLAWFUL TO COMMIT THE CRIME OF RECKLESS ENDANGERMENT AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary.
H. 3351 -- Rep. Rudnick: A BILL TO PROVIDE THAT A PERSON SUBDIVIDING REAL PROPERTY INTO FIVE OR MORE LOTS ONTO WHICH RESIDENTIAL HOMES OR COMMERCIAL BUILDINGS MAY BE CONSTRUCTED SHALL MEET CERTAIN REQUIREMENTS RELATING TO THE DRAINAGE OF EXCESS WATER ACCUMULATION BEFORE THESE LOTS MAY BE SOLD TO ANOTHER PERSON, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3352 -- Rep. Winstead: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-375 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE OR POSSESS LARGE-MOUTH BASS LESS THAN FOURTEEN INCHES IN LENGTH.
Referred to Committee on Agriculture and Natural Resources.
H. 3353 -- Reps. R. Brown, J. Rogers, McEachin, Beasley, Lockemy, Harwell, Davenport, M.O. Alexander, Glover, Manly, Farr, Cole, Littlejohn, Jaskwhich, Waldrop, G. Bailey and Keegan: A BILL TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 SO AS TO ENACT THE SOUTH CAROLINA SCENIC RIVERS ACT OF 1989; AND TO REPEAL CHAPTER 5, TITLE 51 OF THE 1976 CODE RELATING TO SCENIC RIVERS.
Referred to Committee on Agriculture and Natural Resources.
H. 3354 -- Rep. Wofford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 27 TO ARTICLE V SO AS TO PROVIDE FOR A PROCEDURE FOR THE RETENTION ELECTIONS OF JUSTICES ELECTED TO THE SUPREME COURT AND THE COURT OF APPEALS AND JUDGES ELECTED TO THE CIRCUIT COURT TO DETERMINE IF THEY SHOULD BE RETAINED TO SERVE AN ADDITIONAL TERM AFTER THEIR ELECTIONS BY THE GENERAL ASSEMBLY.
Referred to Committee on Judiciary.
H. 3355 -- Rep. Blackwell: A BILL TO AMEND SECTION 26-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENTS ON NOTARY PUBLIC APPLICATIONS, SO AS TO PROVIDE AN ADDITIONAL METHOD BY WHICH A COUNTY LEGISLATIVE DELEGATION SHALL ENDORSE THESE APPLICATIONS, AND TO PROVIDE THAT A COUNTY LEGISLATIVE DELEGATION SHALL NOTIFY THE SECRETARY OF STATE OF THE METHOD OF ENDORSEMENT IT CHOOSES TO UTILIZE.
Referred to Committee on Judiciary.
H. 3356 -- Rep. Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-11-135 SO AS TO PROVIDE THAT NO BANK, SAVINGS AND LOAN, CREDIT UNION, OR OTHER FINANCIAL INSTITUTION IN THIS STATE ACCEPTING DEPOSITS MAY LEVY A SERVICE CHARGE OR FEE AGAINST ANY ACCOUNT BECAUSE OF INACTIVITY IN THE ACCOUNT.
Referred to Committee on Labor, Commerce and Industry.
H. 3357 -- Rep. T.C. Alexander: A BILL TO AMEND SECTION 50-11-705, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF ARTIFICIAL LIGHTS FROM A VEHICLE OR WATER CONVEYANCE AT ANY TIME IN GAME ZONE NO. 2 FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE, SO AS TO INCLUDE GAME ZONE NO. 1.
Referred to Committee on Agriculture and Natural Resources.
H. 3358 -- Reps. Corning, Cork, Klapman, Jaskwhich, Littlejohn, Mattos, Sheheen, M.O. Alexander, Hallman, Rama, Keegan, J.C. Johnson, Mappus, Vaughn, Winstead, Baker, Blackwell, Barber, McKay, Cole, Koon, Elliott, Corbett, T.M. Burriss, Derrick, Wright, McLellan, H. Brown, Clyborne, Moss, McEachin, Taylor, Haskins, Wells, McCain, Kirsh, Sturkie, Huff, Wilkins, Hayes, Waites, Quinn, Holt, J. Harris, Fair, J. Brown, Nettles, J. Bailey, Waldrop, Felder, Townsend, Kay, Snow, Burch, Bruce, Short, McTeer, Gregory, Gordon, McAbee, Harvin, Lockemy, Simpson, J. Rogers, T.C. Alexander, T. Rogers, McGinnis, Limehouse, Wilkes, Wofford, Keyserling, McLeod, Washington, P. Harris, Carnell, G. Brown, Hearn, Sharpe, Baxley and Foster: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 11, TITLE 11, SO AS TO PROVIDE FOR A "ZERO-BASED" BUDGET REVIEW OF CERTAIN AGENCIES, DEPARTMENTS, COMMISSIONS, BOARDS, AND INSTITUTIONS EVERY EIGHT YEARS BY A JOINT COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, FOR COMMITTEE MEMBERSHIP AND DUTIES, FOR THE SCOPE OF REVIEW, AND FOR THE ESTABLISHMENT OF A SCHEDULE OF REVIEW.
Referred to Committee on Ways and Means.
H. 3359 -- Rep. Corning: A BILL TO AMEND SECTION 56-5-6140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO MAIL MOVING TRAFFIC CHARGES AGAINST AN UNEMANCIPATED MINOR TO HIS PARENT OR GUARDIAN, SO AS TO DELETE THE REFERENCE TO AN UNEMANCIPATED MINOR, TO PROVIDE FOR THE SECTION TO APPLY TO A PERSON UNDER EIGHTEEN YEARS OF AGE, TO REQUIRE THE NOTICE TO BE MAILED TO THE OWNER OF THE VEHICLE, AND TO DELETE NOTICE TO THE PARENT OR GUARDIAN.
Referred to Committee on Education and Public Works.
S. 187 -- Senator Bryan: A BILL TO PROVIDE A METHOD FOR FILLING VACANCIES ON THE BOARD OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56.
Referred to Laurens Delegation.
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 Elliott Faber Fair Fant Farr Foster Gentry Glover Gordon Hallman Harris, J. Harris, P. Harwell Haskins Hearn Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Keyserling Kirsh Klapman Lanford Littlejohn Manly Mappus Martin, D. 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 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 26, 1989.
Robert O. Kay Robert A. Kohn Robert Hayes, Jr. James Lockemy Robert Sheheen John G. Felder Larry Koon
LEAVE OF ABSENCE
The SPEAKER Pro Tempore granted Rep. L. MARTIN a leave of absence for the day to attend a two day Quality Management Seminar sponsored by his company.
Announcement was made that Dr. Bart Barone of Charleston is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
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.
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.
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.
Rep. KIRSH explained the Bill.
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.
H. 3338 -- Rep. L. Martin: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF GRAPHIC COMMUNICATIONS, INC., IN PICKENS COUNTY.
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.
Rep. CARNELL explained the Bill.
On motion of Rep. BEASLEY, with unanimous consent, it was ordered that S. 203 be read the third time tomorrow.
On motion of Rep. HENDRICKS, with unanimous consent, it was ordered that H. 3325 be read the third time tomorrow.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3024 be read the third time tomorrow.
On motion of Rep. HEARN, with unanimous consent, it was ordered that H. 3323 be read the third time tomorrow.
On motion of Rep. HENDRICKS, with unanimous consent, it was ordered that H. 3338 be read the third time tomorrow.
On motion of Rep. CARNELL, with unanimous consent it was ordered that H. 3339 be read the third time tomorrow.
The following Bill and was taken up, read the third time, and ordered sent to the Senate.
H. 3312 -- Rep. Mappus: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE OPTIMIST CLUB OF CHARLESTON, CHARLESTON COUNTY.
The following Bill was taken up.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1157U), which was adopted.
Amend the bill, as and if amended, by striking item (4) of Section 20-7-1572, as contained in SECTION 1, and inserting:
/(4) The child has lived outside the home of either parent for a period of six months, and during that time the parent has wilfully failed to support the child. Failure to support means that the parent has failed to make a material contribution to the child's care when contribution has been requested by the custodian of the child. A material contribution consists of either financial contributions according to the parent's means or contributions of food, clothing, shelter, or other necessities for the care of the child according to the parent's means. The Court shall consider all relevant circumstances in determining whether or not the parent has wilfully failed to support. including requests for support by the custodian and the ability of the parent to provide support; or"./
Amend title to conform.
Rep. HUFF explained the amendment.
Rep. STURKIE, with unanimous consent, amended the amendment at the desk.
Rep. HUFF continued speaking.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. KLAPMAN, with unanimous consent, it was ordered that H. 3173 be read the third time tomorrow.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, January 31, which was adopted.
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.
The following Bill was taken up.
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 OF THE PARTIES CONSENT TO A DIRECT APPEAL TO THE SUPREME COURT ON THE RECORD AT THE HEARING BEFORE THE MASTER.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1133U), which was adopted.
Amend the bill, as and if amended, in Section 14-11-85 of the 1976 Code, as contained in SECTION 1, line 1, by inserting before /Appeals/ /(A)/ and on line 2, by striking /master/ and inserting /master-in-equity/.
Amend Section 14-11-85 further by inserting after line 12:
/(B) For purposes of this section 'master-in-equity' includes a special referee./
When amended, Section 14-11-85 shall read:
/Section 14-11-85. (A) Appeals from final judgments entered by a master-in-equity are to the circuit court unless:
(1) the circuit court's order of reference provides for a direct appeal to the Supreme Court; or
(2) the parties consented in writing to a direct appeal to the Supreme Court at the time the order of reference was entered; or
(3) the parties consent to a direct appeal to the Supreme Court on the record at the hearing before the master.
(B) For purposes of this section 'master-in- equity' includes a special referee./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 3102 be read the third time tomorrow.
The following Joint Resolution was taken up.
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.
Rep. R. BROWN explained the Joint Resolution.
Rep. CARNELL 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 Pro Tempore sustained the Point of Order.
The following Bill was taken up.
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 OR 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.
Rep. WALDROP made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
Rep. R. BROWN moved to adjourn debate upon the following Joint Resolution until Tuesday, January 31, which was adopted.
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.
The following Joint Resolution was taken up.
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 I, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND 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 Pro Tempore sustained the Point of Order.
The following Joint Resolution was taken up.
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.
Rep. TOWNSEND 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 Pro Tempore sustained the Point of Order.
Rep. M.D. BURRISS moved that when the House adjourns it adjourn out of memory and respect for Clarence "Gene" Martin, decorated World War II Veteran and P.O.W., which was agreed to.
The following Bill was taken up.
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.
Rep. BLANDING made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
Further proceedings were interrupted by expiration of time on the uncontested calendar.
Rep. WHITE moved that the House recur to the morning hour, which was not agreed to by a division vote of 37 to 46.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
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 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 and BLACKWELL spoke against the Bill.
Rep. WILKINS spoke in favor of the Bill.
The question then recurred to the passage of the Bill on third reading.
Rep. BLACKWELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, G. Bailey, J. Bailey, K. Baxley Beasley Bennett Bonn Brown, G. Brown, R. Burch Burriss, T.M. Carnell Clyborne Cole Corning Davenport Elliott Faber Fair Fant Farr Gentry Harris, J. Harvin Harwell Haskins Hayes Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keesley Kohn Lockemy Manly Mappus Martin, D. Mattos McCain McEachin McElveen McKay McLellan McLeod McTeer Moss Nettles Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Snow Sturkie Taylor Tucker Waites Waldrop Wilder Wilkes Wilkins
Those who voted in the negative are:
Alexander, T.C. Baker Barfield Blackwell Brown, H. Burriss, M.D. Chamblee Cooper Corbett Derrick Foster Glover Hallman Harris, P. Hearn Hendricks Holt Keegan Keyserling Kirsh Klapman Koon Littlejohn McAbee McGinnis Neilson Nesbitt Phillips Quinn Short Simpson Townsend Vaughn Washington Wells Whipper White Wofford Wright
So, the Bill was read the third time and ordered sent to the Senate.
The following was introduced:
H. 3360 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 5.3 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE GENERAL APPROPRIATION AND SUPPLEMENTAL APPROPRIATION BILLS, SO AS TO CHANGE THE INFORMATION WHICH MUST BE PRINTED IN ALL STATE APPROPRIATION BILLS IN EACH STAGE IN THEIR PASSAGE, DELETE REQUIREMENTS OF HOW CERTAIN APPROPRIATIONS MUST BE SHOWN, AND PROVIDE THAT APPROPRIATIONS MUST BE IN CONFORMITY WITH THE PROGRAM BUDGET FORMAT AS ADOPTED BY THE WAYS AND MEANS COMMITTEE.
Be it resolved by the House of Representatives:
That the third paragraph of Rule 5.3 of the Rules of the House of Representatives is amended to read:
"All State Appropriation Bills must be printed at each stage in their passage so that:
(a) the bill as received from Ways and Means must include the amounts appropriated the previous year, the Budget and Control Board recommendation, and the Ways and Means Committee recommendation the House Ways and Means Committee version of the Appropriation Bill must include the amounts appropriated for the current year, the amounts recommended by the Budget and Control Board, and the amounts recommended by the Ways and Means Committee;
(b) the House bill must include the last fiscal year, the Ways and Means recommendation, and the House passed recommendation the House version of the Appropriation Bill must include the amounts appropriated for the current year, the amounts recommended by the Ways and Means Committee, and the amounts passed by the House;
(c) the Report of Conference or Free Conference Committee must be printed as the final Appropriations Act include the amounts Passed by the House, the amounts passed by the Senate, the amounts agreed upon by the Conference Committee, and the amounts appropriated for the current year.;
(d) the Appropriation Act must include total funds approved for the next fiscal year and a listing of appropriations from the General Fund."
Be it further resolved that paragraphs four, five, six, seven, eight, and nine of Rule 5.3 be amended to read:
"Provided, further, that appropriation shall be itemized by the major budget classifications established pursuant to law (Personal Service, Contractual Services, Supplies, Fixed Charges and Contributions, Contingencies, Equipment, Permanent improvements, Debt Service, Public Assistance Payments and Distribution to Subdivisions).
Provided, further, that appropriations for Personal Service shall be shown by position category (Classified, Unclassified, Part-time, or other categories which may be appropriate) and the number of employees in each such position category.
Provided, further, that where nonappropriated funds are paid to State employees for Personal Service, the amount thereof paid to such employees shall be shown for each position classification in addition to the amounts appropriated from State funds for such position classification.
Provided, further, that the full salary of the principal officer of each department, agency, or institution shall be set forth as an item distinct and apart.
Provide, further, that minor budget classifications or other descriptive terminology may be used when necessary to better express the purpose of the appropriation.
Provided, further, that where the major portion of the operating funds to any department, institution or principal operational division thereof is derived from Federal or other nonappropriated funds, the total appropriation for each major budget classification may be shown and the relative contributions of State and nonappropriated funds therefore shall be shown as completely as possible.
Provided, that the appropriations must be in conformity with the program budget format as adopted by the Ways and Means Committee."
Rep. McLELLAN explained the House Resolution.
The Resolution was then adopted.
Rep. SHARPE moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
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.
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.
H. 3343 -- Reps. Farr, Phillips, Gentry, Waldrop and Moss: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF CAROLYN Y. LAKE OF NEWBERRY COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HER FAMILY AND MANY FRIENDS.
At 11:15 A.M. the House in accordance with the motion of Rep. M.D. BURRISS adjourned out of memory and respect for Clarence "Gene" Martin, decorated World War II Veteran and P.O.W. to meet at 10:00 A.M. tomorrow.
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