Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Lord God, always ready to guide those who would claim Your leadership, keep us close to You this day and cause us to heed Your beckoning call. Forbid that we should think that peace comes without pain and security without sacrifice, that we should use methods that produce tears, procedures that only add to misery and subtract nothing from problems. Heal those who need healing, make strong those who are wavering, guide the perplexed, befriend the lonely, give new faith and courage to those who are despondent.
Lift high our visions, put a new light in our eyes, and endow us with an undaunting trust in our all-knowing and ever present 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 question of a quorum was raised.
A quorum was later present.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 270 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 16 SO AS TO PROVIDE FOR THE OFFENSES PROMOTING CIVIL DISORDER BY DEFINING TERMS, DETAILING THE OFFENSES, PROVIDING PENALTIES, AND PROVIDING EXCEPTIONS AND TO ADD THE OFFENSES TO THE LIST OF FELONIES IN SECTION 16-1-10.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 255 -- Senator Williams: A BILL TO AMEND SECTION 62-3-603, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF BOND FOR PERSONAL REPRESENTATIVES FOR PURPOSES OF THE SOUTH CAROLINA PROBATE CODE, SO AS TO ELIMINATE THE REQUIREMENT THAT A WILL EXPRESSLY WAIVE THE BOND REQUIREMENT FOR THE PERSONAL REPRESENTATIVE NAMED IN THE WILL FOR THERE TO BE NO BOND REQUIRED, TO ELIMINATE REDUNDANT LANGUAGE RELATING TO THE BOND REQUIREMENT FOR THE PERSONAL REPRESENTATIVE OF AN INTESTATE ESTATE, TO WAIVE THE REQUIREMENT FOR BOND FOR A RESIDENT PERSONAL REPRESENTATIVE APPOINTED UNDER A WILL UNLESS THE WILL CONTAINS AN EXPRESS REQUIREMENT OF BOND, AND TO GIVE THESE CHANGES RETROACTIVE APPLICATION TO WILLS PROBATED AFTER JULY 12, 1988.
Ordered for consideration tomorrow.
The following was introduced:
H. 3719 -- Reps. Manly, Keyserling and Moss: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE PHYSICIANS AND SURGEONS OF SOUTH CAROLINA FOR THEIR CONCERNED AND PROFESSIONAL CARE OF PATIENTS THROUGHOUT THIS STATE ON THE OCCASION OF NATIONAL DOCTORS' DAY, MARCH 30, 1989.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3720 -- Reps. Moss and Phillips: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF GEORGE (DON) PEELER OF CHEROKEE COUNTY, AN OFFICER WITH THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, WHO DIED FROM INJURIES IN AN AUTOMOBILE ACCIDENT WHILE ON DUTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 545 -- Senator Rose: A CONCURRENT RESOLUTION CONGRATULATING NAVY COMMANDER PAUL X. RINN OF DORCHESTER COUNTY FOR RECEIVING THE DAY OF EXCELLENCE SOCIETY CHALLENGER AWARD AND COMMENDING HIM FOR HIS EXEMPLARY DEVOTION TO DUTY IN THE FACE OF TREMENDOUS HAZARDS.
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. 3721 -- Reps. Fair and Hayes: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFULLY LEAVING THE SCENE OF A MOTOR VEHICLE ACCIDENT, SO AS TO PROVIDE DIFFERENT PENALTIES FOR AN ACCIDENT RESULTING IN MINOR INJURIES, DEATH, AND A DISABLING INJURY, INCREASE THE CURRENT PENALTIES, AND PROVIDE FOR THE REVOCATION OF A DRIVER'S LICENSE.
Referred to Committee on Judiciary.
H. 3722 -- Education and Public Works Committee: A BILL TO AMEND SECTION 56-5-4070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZED LENGTH OF VEHICLES AND TO LIMITATIONS ON VEHICLE COMBINATIONS OPERATED ON INTERSTATE HIGHWAYS, FEDERAL AID HIGHWAYS, AND CERTAIN OTHER HIGHWAYS, SO AS TO REVISE THE PERMISSIBLE LENGTH OF CERTAIN VEHICLES OPERATING IN TWO UNIT COMBINATIONS.
Without reference.
H. 3723 -- Reps. Wilkins, McElveen and Huff: A BILL TO AMEND SECTION 15-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING A NAME, SO AS TO REVISE THE REQUIREMENTS OF THE PETITION, PROVIDE FOR THE APPOINTMENT OF A GUARDIAN AD LITEM, AND PROVIDE FOR THE GRANTING OF THE PETITION.
Referred to Committee on Judiciary.
H. 3724 -- Reps. Wilkins, McElveen and Huff: A BILL TO AMEND SECTION 43-5-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN ACCORDANCE WITH AN APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE FOR THE SUBSTITUTION OF THE DEPARTMENT WHEN THERE IS AN ASSIGNMENT OF THE RIGHTS TO SUPPORT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3725 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-19-55 SO AS TO EXEMPT FROM DISCLOSURE CERTAIN APPLICATIONS, EXAMINATIONS, SCORES, EXAMINATION REPORTS, AND OTHER RELATED MATERIAL OF THE COOPERATIVE INTERAGENCY MERIT SYSTEM AND TO PROVIDE THAT THIS PROVISION DOES NOT RESTRICT THE ABILITY OF THE MERIT SYSTEM COUNCIL TO DISCLOSE NECESSARY INFORMATION FOR THE PURPOSE OF CONTRACTING FOR SERVICES.
Referred to Committee on Labor, Commerce and Industry.
H. 3726 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO SCOPE OF POWERS GRANTED TO TIER B LAND SURVEYORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1037, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3727 -- Rep. Elliott: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF KOOL-A-BREW, INC., IN HORRY COUNTY.
On motion of Rep. ELLIOTT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3728 -- Reps. Hearn, Hallman, Mappus, T. Rogers, Barber, Sturkie, M.D. Burriss, Klapman, Holt, Waites, T.M. Burriss, Nesbitt, Washington, J. Bailey, Whipper, Corning, Keyserling, Haskins, Wells, Wright and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 56 SO AS TO PROVIDE FOR THE ENFORCEMENT OF MOTOR VEHICLE EXPRESS WARRANTIES.
Referred to Committee on Labor, Commerce and Industry.
H. 3729 -- Reps. Corbett and R. Brown: A BILL TO AMEND SECTION 56-3-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL LICENSE TAG FOR A DISABLED AMERICAN VETERAN, SO AS TO PROVIDE THAT THE SPECIAL LICENSE TAG MAY BE PLACED ON A VEHICLE OWNED OR LEASED BY A DISABLED AMERICAN VETERAN.
Referred to Committee on Education and Public Works.
S. 69 -- Senator Drummond: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA RESIDENTIAL HOME BUILDERS COMMISSION FOR SIX YEARS AND TO AMEND SECTION 40-59-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION OF LICENSES OF RESIDENTIAL HOME BUILDERS, SO AS TO PROVIDE THAT LICENSES MAY BE SUSPENDED OR RESTRICTED AND TO PROVIDE FOR REISSUANCE OF LICENSES PREVIOUSLY REVOKED IF A MAJORITY OF THE MEMBERS OF THE HOME BUILDERS COMMISSION VOTE IN FAVOR OF THE REISSUANCE AND TO PROVIDE THAT APPEALS FROM THE DECISIONS OF THE COMMISSION MUST BE GOVERNED BY THE PROVISIONS OF THE ADMINISTRATIVE PROCEDURES ACT.
Referred to Committee on Labor, Commerce and Industry.
S. 304 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 46-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEGLECTED OR ABANDONED ORCHARDS, SO AS TO AUTHORIZE THE STATE CROP PEST COMMISSION OR ITS DESIGNEE TO PROMULGATE REGULATIONS RELATIVE TO THEM; AND TO AMEND THE 1976 CODE BY ADDING SECTION 46-35-15 SO AS TO ADD DEFINITIONS RELATIVE TO ORCHARDS.
Referred to Committee on Agriculture and Natural Resources.
S. 321 -- Senators Setzler, Nell W. Smith, Martschink, Rose, Mitchell, Macaulay, Giese, Lourie, Thomas, Mullinax and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-15 SO AS TO PROVIDE A PROCESS WHEREBY SCHOOLS CAN BE GIVEN THE FLEXIBILITY OF RECEIVING EXEMPTION FROM CERTAIN STATE REGULATIONS AND BY AMENDING SECTION 59-18-20 SO AS TO ESTABLISH A COMPETITIVE SCHOOLWIDE INNOVATION GRANTS PROGRAM.
Referred to Committee on Education and Public Works.
S. 350 -- Senator Drummond: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 SO AS TO ENACT THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING; TO AMEND THE 1976 CODE BY ADDING SECTIONS 31-1-40 AND 31-1-50 SO AS TO REQUIRE AN ELECTRICAL PERMIT FOR A CONNECTION TO A MOBILE HOME; AND TO REPEAL ARTICLE 1, CHAPTER 17 OF TITLE 31 RELATING TO MOBILE HOMES AND HOUSE TRAILERS.
Referred to Committee on Labor, Commerce and Industry.
S. 446 -- Judiciary Committee: A BILL TO AMEND SECTION 16-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON REPRESENTS EITHER BY ACTION OR WORDS THAT HE WAS ARMED.
Referred to Committee on Judiciary.
S. 523 -- Senator Williams: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 9 AND 13 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 1989.
On motion of Rep. WILKINS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 524 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-13-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSES OF ENGAGING IN OPPRESSIVE CHILD LABOR PRACTICES AND EMPLOYING A CHILD IN VIOLATION OF A CHILD LABOR REGULATION, SO AS TO DELETE THE PROVISIONS SETTING FORTH CRIMINAL PENALTIES FOR THE OFFENSES AND PROVIDE FOR A WARNING AND FINE FOR AN EMPLOYER'S VIOLATION OF A CHILD LABOR REGULATION, DETERMINATION OF THE FINDINGS OF THE COMMISSIONER OF LABOR UNDER THE ADMINISTRATIVE PROCEDURES ACT, AND THE FINE'S RECOVERY AND DEPOSIT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 537 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF AGRICULTURE, RELATING TO MILK AND MILK PRODUCTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 997, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture and Natural Resources.
S. 538 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO JAPANESE BEETLE QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 986, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture and Natural Resources.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Boan Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Davenport Elliott Faber Fair Fant Farr Ferguson Foster Glover Gordon Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hearn Hendricks Holt Huff Jaskwhich Johnson, J.C. Kay Keegan Keesley Keyserling Kirsh Klapman Koon Lanford Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McEachin McGinnis McKay McLellan McLeod Moss Neilson Nesbitt Nettles Phillips Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on March 22, 1989.
J. Hodges J.W. Johnson, Jr. Eugene Stoddard Alex Harvin J. McElveen G. Brown Rick Quinn L. Gentry Robert Kohn J. Felder J. Bailey D. McTeer P. Derrick W. McCain R. Corning J. Lockemy
LEAVES OF ABSENCE
The SPEAKER granted Rep. J.C. JOHNSON a leave of absence for Tuesday, March 21, to attend a National Association of College and University Boards of Trustees meeting.
The SPEAKER granted Rep. FERGUSON a temporary leave of absence to attend a court hearing.
Reps. T.M. BURRISS and HARVIN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, March 21, 1989.
Announcement was made that Dr. Kenneth Owens of Aiken is the Doctor of the Day for the General Assembly.
The following Joint Resolution was taken up.
H. 3602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1988-89.
Reps. KIRSH, KLAPMAN and J.W. JOHNSON proposed the following Amendment No. 1 (Doc. No. 2832U), which was adopted.
Amend the resolution, as and if amended, SECTION 1, item (3), page 2, by inserting immediately after line 13
/3.1 Of the funds appropriated for the Cutting Edge: Research Investment Initiative, twenty-five percent of the funds must be allocated to the state's senior public colleges. If the number of quality proposals for funds submitted by the senior colleges does not necessitate the twenty-five percent allocation, then the remaining funds must be allocated by the Commission on Higher Education to the state's public universities./
Amend title to conform.
Rep. KIRSH explained the amendment.
Reps. McABEE, TIM ROGERS and McTEER spoke against the amendment.
Reps. WASHINGTON, BEASLEY, KIRSH and KEYSERLING spoke in favor of the amendment.
Rep. BOAN moved to table the amendment, which was not agreed to by a division vote of 30 to 59.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. MCTEER proposed the following Amendment No. 4 (Doc. No. 0753B), which was tabled.
Amend the resolution, as and if amended, Section 1, Item (3), Page 2, by inserting immediately after line 13 an appropriately numbered paragraph to read:
/( ) Funding for a research project with more than one college or university participating shall be given preference.
Renumber items and sections to conform.
Amend totals and title to conform.
Rep. McTEER explained the amendment.
Rep. KIRSH spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 2 (Doc. No. 0749B), which was tabled.
Amend the Joint Resolution, as and if amended, Section 1, page 4, Item (11), line 14, Opposite /Contributions/ by striking /275,000/ and inserting /175,000/
Amend further, page 11, immediately after line 19, by inserting a new item appropriately numbered to read:
/( ) State Health & Human Services Finance Commission Children's Christmas Fund 100,000/
Amend further by inserting an appropriately numbered paragraph to read:
/( ) The Human Services Coordinating Council shall develop a method for the distribution of these funds in December to provide direct benefit to children in the state's custody. Funds may be used to provide necessities, clothing, toys and other items./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Reps. McABEE, KAY and SIMPSON spoke against the amendment.
Rep. McABEE moved to table the amendment, which was agreed to by a division vote of 59 to 16.
Rep. J. Rogers proposed the following Amendment No. 3 (Doc. No. 0752B), which was tabled.
Amend the Joint Resolution, as and if amended, Section 1, Page 4, Item 12, by striking lines 20 and 21.
Amend further, Page 4 by striking paragraph 12.1.
Amend further, Page 5, Paragraph 12.2, by striking lines 1-9 beginning with /The amount appropriated/ and strike on line 17 /In the event/ and by striking lines 18-25.
Amend further, Page 9, Item 31, immediately after line 22 by inserting the following new sub-items to read:
/Anderson Facility $110,000
Marlboro Facility $40,000/.
Renumber items and sections to conform.
Amend totals and title to conform.
Rep. J. ROGERS explained the amendment.
Rep. CORNING moved to reconsider the vote whereby Amendment No. 2 was tabled and the motion was noted.
Rep. NETTLES spoke against the amendment.
Rep. KEESLEY moved to table the amendment, which was agreed to by a division vote of 55 to 34.
The motion of Rep. CORNING to reconsider the vote whereby Amendment No. 2 was tabled was taken up.
Rep. McABEE moved to table the motion to reconsider, which was agreed to by a division vote of 48 to 24.
Reps. McLELLAN and ALTMAN explained the Section.
Rep. J. ROGERS raised the Point of Order that Item 12 of Section 1 of the Joint Resolution was out of order as it was not in compliance with Rule 5.3, Section (d), which states that "the full salary of the principal officer of each department, agency, or institution shall be set forth as an item distinct and apart."
Rep. McLELLAN moved that the House recede until completion of the Joint Assembly, which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of the Point of Order.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 3526 -- Reps. Sheheen and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE GEORGE T. GREGORY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, MARCH 22, 1989.
Chief Justice George T. Gregory, Jr. and distinguished party were escorted to the rostrum by Senators Williams, Martin, Shealy and Mullinax and Reps. RUDNICK, SHORT, WILKINS and D. MARTIN.
Lt. Governor Theodore introduced Chief Justice Gregory as follows:
"Members of this Joint Session, friends, fellow South Carolinians...It gives me a great deal of pleasure to introduce to you my friend, your friend, the most respected individual on the Judiciary, an individual who is carrying on the tradition of great greatness in the area of Chief Justices in traditional history customs of South Carolina. We're delighted to have with us today, the distinguished, honorable George T. Gregory, Chief Justice of the Supreme Court of our great state for his remarks. Please welcome him at this time."
Chief Justice Gregory addressed the Joint Assembly as follows:
"Mr. President, Mr. Speaker, members of the Joint Assembly, and friends...It is my great honor to be given the privilege of addressing the Joint Assembly as your Chief Justice. This tradition of the state of the Judiciary Address, which began with former Chief Justice Bruce Littlejohn, is emblematic of the cordiality which has characterized the judicial department's recent relationship with the legislative branch. Much good has been accomplished for the people of South Carolina by working together in an atmosphere of mutual understanding and respect. Our court continues to be deeply grateful to the leadership of both the Senate and House and to all senators and representatives for fostering this productive relationship. The pursuit of justice is the shared concern of all three branches of state government, the executive, legislative and judicial branches are in a real sense partners in the administration of justice. The challenges and responsibilities of each, however, are separate and distinct. Their common goal seeks to build for South Carolina a legal system that is just and fair to all citizens, limited only by fiscal constraints. This past year has been an eventful one, after a long and illustrious career as Circuit Court Judge, Supreme Court Justice and lastly Chief Justice. Chief Justice Ness retired February 26, 1988. He misses the Court and we miss him. I salute him for his dedication and tenacity, for his legal scholarship and for his leadership of both bench and bar. His contributions to our legal system, especially in the area of legal education and training, are far reaching. Through you, we publicly thank him. With the pending retirement of Chief Justice Ness, last January you so kindly elected me to succeed him. I qualified February 26, 1988. Again, I thank you for your confidence and pledge my continued fidelity to the people of our beloved state. In 1988, we welcomed a new justice to the Supreme Court, Jean H. Toal. By electing the first female to the Supreme Court, you made history.
Plus, you gave us a super judge. Three new Circuit Judges were elected, Carrol Conner and Ernest Kinard of the Fifth Circuit, and William Howard of the Ninth Circuit. Four new Family Court Judges joined the bench. Benny R. Greer of the Fourth Circuit, Joseph A. Wilson of the Fifth Circuit, John M. Rucker of the Eighth Circuit and Wayne M. Creech of the Ninth Circuit. All new judges are highly qualified, outstanding people and we wish for them the best in their new careers. Last summer the Court organized separate orientation and training sessions for the new Circuit and Family Court Judges. These sessions were very beneficial and instructive and the judges responded accordingly. During the current legislative session, you are to elect a new Circuit Judge at-large to succeed Judge Marion H. Kinon, who is retiring and two Family Court Judges to succeed Judge William J. McLeod of the Fourth Circuit, and Judge J. Clator Arrants of the Fifth Circuit, also retiring. Current procedures for the discipline of judges and lawyers have been the subject of intense scrutiny by our Supreme Court during the past year. Public confidence in both bench and bar is very much affected by the integrity of our disciplinary procedures. We are convinced of the efficacy of these procedures, but are always looking for fair and prudent ways to improve them. Our Court determined that lay participation in the disciplinary process of judges and lawyers would add strength and credence to the system. Accordingly, we have added two lay members to the Judicial Standards Commission, which investigates complaints about judges and two lay members to the Executive Committee of the Board of Commissioners of Grievances and Discipline which investigates complaints about lawyers. They have commenced their duties and now actively participate in all disciplinary proceedings. The time lapse from an initial complaint about a judge or lawyer until ultimate resolution continues to trouble our Court. After a preliminary examination by the appropriate commission, complaints of possible substance and validity are referred to the office of Attorney General to be formally processed. The Attorney General has a section of dedicated attorneys but lacks sufficient investigators to handle them promptly. He needs at least two additional skilled investigators. In a recent meeting with the Attorney General, our Court expressed our concerns about the delay. He had requested one additional investigator but one is not enough. Formal complaints cannot be prepared and filed by the Attorney General's office until after the investigators develop supporting evidence. We must eliminate all unnecessary delay in responding to complaints about both judges and lawyers. The Supreme Court has broad authority to sanction lawyers for misconduct, ranging from private reprimand to public reprimand to a definite suspension to indefinite suspension to disbarment. The Court's authority, however, to sanction judges is more limited. We can privately or publicly reprimand a judge or medically retire a disabled judge. The General Assembly is vested with the authority to impeach. I'm speaking of the Appellate, Circuit and Family Court Judges elected by the General Assembly. Authority to remove Masters-In-Equity, Probate Judges and Magistrates rests with the Governor, Municipal Judges may be removed by the City Councils. Thus, we see with regard to the discipline of judges, the Constitution and Statutory Law of this State delineates responsibility among the Governor, Legislative and Supreme Court. Professionalism was the focus of our message to the judges in 1988. We stressed ethics, attitude and demeanor and competence as we sought to improve the quality of our judiciary. This subject was discussed at conferences and seminars. The judges are more aware today than before. With the assistance of this and previous General Assemblies, 1988 marked the beginning of significant improvements in the physical facilities for the Appellate Courts of this State. Planned renovations of the Calhoun Building are now complete. The Court of Appeals, Court Administration, Court Finance and Personnel, The Board of Commissioners on Grievance and Discipline, The Judicial Standards Commission and the Board of Bar Examiners now occupy space in this handsome and functional facility. I commend Chief Judge Alex Sanders for his inspiration and leadership in this magnificent accomplishment. With funds from last year's General Appropriation Bill, we have completed the acquisition of the parking lot to the rear of the Supreme Court building. This greatly needed acquisition is of enormous assistance to us for now and for our long-term progress. The public, the Bar, our staff and the Court thank you. We are hopeful of beginning this fall, needed structural renovations and functional modernization of the Supreme Court Building itself. The asbestos removal project was completed in November. We are deeply appreciative to you for your support of these projects. They are critical to our long-range ability to function effectively for you and for the citizens of South Carolina. The needs of our system for additional trial level judicial personnel is the subject of continued study by the Court. We make no requests at this time but some information about the current status of the system may be of interest to you. The 1970's were years of profound change to the structure of our judicial system in South Carolina. With the passage of the new judicial article of the State's Constitution, the judicial department began its modern development. The late '70's saw a complete repaving of the trial level system in this State. Hodgepodge local county courts were eliminated and their functions integrated into a modern uniform Statewide Circuit and Family Court system, that restructuring was basically completed in 1980 with a system of 31 Circuit Court Judges and 46 Family Court Judges. Since 1980, there has been a tremendous growth in litigation. From 1981 through 1988 our Circuit Court filings increased from 70,394 to 110,281, a 57 percent increase in workload for the Circuit Courts. Additionally, from 1981 through 1988, our Family Court filings jumped from 54,240 to nearly 75,000, a growth of more than 37 percent in caseload. Dispositions have not kept pace with filings. Fortunately, about 70 percent of the 11,000 pending general sessions cases are less than 6 months old, the average length of time between an arrest and disposition in 14 months, pending common pleas cases climbed nearly 7 percent to 25,000 and the percentage less than a year old dipped to 97 percent after years slightly higher. Our goal is for every Family Court matter to be disposed of within 6 months of filing. Over 95 percent of pending cases are less than 6 months old. In the past 3 years, ending cases jumped from 15,000 to 18,000 presently. Their average age is two and one-half months. Domestic relations cases were disposed of on average, in 14 weeks compared to almost 8 weeks for juvenile matters. In 1988, we scheduled 1,364 terms of Circuit Court. Special Circuit Judges (Family Court Judges and Masters-In-Equity) held 68.4 terms and our retired judges 91.2 terms. Both categories were limited by their availability. The use of Family Court as Special Circuit Judges is becoming more difficult with the growth in filings there. In summary, our 1988 statistics show that current resources are not adequate to deal with the number of cases filed in Circuit Court. Without new resources of a reversal in filings, something we do not anticipate, the caseload will continue to grow and our ability to timely dispose of these cases will no longer exist. This particular need requires further review and study by the Court and the General Assembly as we jointly plan for the future. I will touch briefly on the other courts. The Appellate Courts, the Supreme Court, and the Court of Appeals are functioning well. The caseload of the Probate Courts has been tracked for five years and has remained relatively constant at more than 19,000 cases each year. Of the approximately one and a quarter million cases handled by the State Courts' the last 700,000 were handled in Magistrates' Courts and 400,000 were handled in Municipal Courts. Of course, a large share of these cases constitute bond forfeitures in traffic cases. We must remember that a citizen's typical encounter with the court system will be before a Magistrate or Municipal Judge. Permit me to introduce our colleagues present today. From the Supreme Court we have Justices David Harwell, Lee Chandler, Ernest Finney, and Jean Toal. Also with us today is retired Chief Justice Bruce Littlejohn. Chief Judge Sanders is speaking in Greenville today, but present from the Court of Appeals are Judges Randy Bell, Jasper Cureton, Jack Gardner, Bert Goolsby, and Curtis Shaw. All have been wonderfully encouraging and supportive. This month marks a milestone in the history of the United States. Our Constitution became effective March 4, 1789. Thus, we observe the Constitution's 200th Anniversary and the wonderful privileges and protections it affords. Permit me a comment of personal reminiscence. I cannot stand at this desk without remembering, as a young law student, my service as a member of the House staff. In the early '40's, after serving one year as a page, I was Bill Clerk and General Committee Clerk and occupied the chair to my far right. As a young lawyer, I was elected to the House in 1950 along with John Martin, Edward Saleeby, and Horace Smith. Marshall Williams was already a member. Elected later was Jack Lindsay, Ryan Shealy and James Waddell. These seven House members, now Senators, shared one of the most enjoyable and rewarding periods of my life. I know of no higher public service than representing the people of our State in the General Assembly. I approach my own responsibilities as the head of our system with the conviction that our greatest achievements occur when integrity, decency and a real faith in the dignity of the individual guide actions as judges. Thank you for your cooperation and continued support. Together we can help provide that unique way of life which is South Carolina's greatest resource. Thank You."
Upon the conclusion of his address, Chief Justice Gregory and his escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:30 P.M. the House resumed, the SPEAKER in the chair.
Rep. J.W. JOHNSON moved that the House recede until 2:00 which was adopted.
At 2:00 P.M. the House resumed, the SPEAKER in the chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Joint Resolution, the pending question being the consideration of Section I, the ruling on the Point of Order.
H. 3602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1988-89.
The SPEAKER stated that there was a pending Point of Order which he had to rule on.
The SPEAKER, citing Rule 5.3, sustained Rep. J. ROGER's earlier Point of Order.
Rep. T. ROGERS proposed the following Amendment No. 5 (Doc. No. 0762b), which was adopted.
Amend the resolution, as and if amended, Section 1, Page 4, Item (12), on line 21, opposite /system/, by striking /150,000/ and inserting immediately following line 21,
/Start-Up Costs $110,250/
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. ROGERS explained the amendment.
The amendment was then adopted.
Rep. J. ROGERS raised the Point of Order that Amendment No. 5 was out of order as a part of it dealt with a staff position and a salary and this was not allowed in the Capital Reserve Fund Bill.
Rep. T. ROGERS argued contra the Point.
The SPEAKER, citing Article 3, Section 36 of the Constitution and the provisions of Act No. 687 of 1988, sustained the Point of Order and ordered 'staff director' and the salary stricken from the previously adopted Amendment No. 5.
Rep. SIMPSON inquired about the referral to a new position on page 6, line 18 and page 5, line 27 of the Joint Resolution.
The SPEAKER stated that it referred to equipment for new positions or agents.
Rep. GENTRY proposed the following Amendment No. 6 (Doc. No. 2922U), which was rejected.
Amend the resolution, as and if amended, in item (11), page 4, line 14, by striking: /Contributions 275,000/ and inserting /Contributions - Palmetto State Games 100,000/.
Amend totals and title to conform.
Rep. GENTRY explained the amendment.
Rep. McABEE spoke against the amendment.
Rep. GENTRY spoke in favor of the amendment.
Rep. WASHINGTON moved to table the amendment, which was not agreed to by a division vote of 32 to 51.
Reps. McABEE, KAY, CARNELL and SIMPSON spoke against the amendment.
Reps. McEACHIN, GENTRY and McLELLAN spoke in favor of the amendment.
Rep. SIMPSON moved to table the amendment.
Rep. McEACHIN raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the chair.
The amendment was then rejected by a division vote of 34 to 60.
Reps. McEACHIN and GENTRY proposed the following Amendment No. 7, which was adopted.
By adding a new subitem, appropriately numbered, to item 11:
Provided, that funds appropriated under item 11 may be expended only on property owned by the State of South Carolina or its political subdivisions.
Amend title and totals to conform.
Rep. McEACHIN explained the amendment.
Rep. McABEE moved to table the amendment, which was not agreed to by a division vote of 42 to 53.
Rep. McTEER spoke upon the amendment.
Rep. P. HARRIS spoke against the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
The amendment was then adopted by a division vote of 65 to 22.
Reps. BLACKWELL and JASKWHICH proposed the following Amendment No. 8 (Doc. No. 0765b).
Amend the resolution, as and if amended, Part I, Section 1, Item (21) State Library, by inserting immediately line 19 a new sub-item to read as follows:
/Matching Grants for Construction
of Library Facilities throughout
the state. State Librarian is
to determine the requirements
and criteria for the projects
$150,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. BLACKWELL explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. J. ROGERS proposed the following Amendment No. 9 (Doc. No. 0764b), which was adopted.
Amend the resolution, as and if amended, Part I, Section 1, Page 9, item (31) immediately after line 22, by inserting the following new sub-items to read:
/Marlboro Facility $39,750/
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. ROGERS explained the amendment.
The amendment was then adopted.
Rep. FARR proposed the following Amendment No. 10 (Doc. No. 0767b), which was tabled.
Amend the resolution, as and if amended, Part I, Section 1, Item (38) Forestry Commission, line 3, opposite /Control/ by striking /$533,887/ and inserting /$437,887/
Amend further, by inserting immediately after line 3, a new sub-item to read as follows:
/Forest Fire equipment - Union County $96,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. FARR explained the amendment.
Rep. McABEE moved to table the amendment, which was agreed to.
Rep. J.C. JOHNSON proposed the following Amendment No. 11 (Doc. No. 0771b), which was adopted.
Amend the resolution, as and if amended, Section 1, page 11, Item (39) Legislative Department, line 7, opposite /Roll Call Equipment/ by striking /$175,000/ and inserting /$170,000/
Amend further, by inserting a new line immediately after line 8, to read as follows:
/Handicapped Restroom Facility 5,000/
Amend further by adding a new paragraph 39.1 to read:
/Up to $5,000 shall be used to provide a restroom facility for handicapped persons. This facility is to be provided in the State House restroom for women./
Renumber items and sections to conform.
Amend totals and title to conform.
Rep. J.C. JOHNSON explained the amendment.
The amendment was then adopted.
Reps. MANLY and JASKWHICH proposed the following Amendment No. 12 (Doc. No. 0768b), which was rejected.
Amend the Joint Resolution, as and if amended, Section 1, Page 4, Item /12), Judicial Department, Line 21, opposite /System/, by striking /150,000/ and inserting /0/.
Amend further, beginning on line 28, by striking Paragraph 12.1 in its entirety.
Amend further, Page 11, immediately after line 19, by inserting a new item appropriately numbered to read:
/( ) Roper Mountain Science Center -
Planetarium Projector 110,250/
Renumber items and sections to conform.
Amend totals and title to conform.
Rep. MANLY explained the amendment.
Rep. KIRSH moved to table the amendment, which was not agreed to by a division vote of 38 to 40.
The question then recurred to the adoption of the amendment, which was rejected by a division vote of 42 to 52.
Reps. BLANDING, McELVEEN, McLEOD, BAXLEY and G. BROWN proposed the following Amendment No. 13 (Doc. No. 2930U), which was tabled.
Amend the resolution, as and if amended, in item (11), page 4, line 14, by adding immediately after /Contributions 275,000/ /Contributions - Sumter Opera House 100,000/.
Amend totals and title to conform.
Rep. BLANDING explained the amendment.
Rep. McELVEEN spoke in favor of the amendment.
Rep. McLELLAN spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 64 to 14.
Rep. GENTRY proposed the following Amendment No. 14, which was tabled.
Amend the resolution, as and if amended, in item (11) page 4 by adding:
Contributions--Little Mountain Town Park...$50,000
Amend totals and title to conform.
Rep. GENTRY explained the amendment and moved to table the amendment, which was agreed to.
Rep. GENTRY proposed the following Amendment No. 15, which was rejected.
Amend the resolution, as and if amended, in item (11) page 4 by adding:
Contributions--The Saluda County Park....$50,000
Amend totals and title to conform.
Rep. GENTRY explained the amendment.
Rep. McLELLAN moved to table the amendment, which was not agreed to.
The question then recurred to the adoption of the amendment, which was rejected by a division vote of 2 to 68.
Rep. FARR proposed the following Amendment No. 16 (Doc. No. 0772b), which was tabled.
Amend the resolution, as and if amended, Part I, Section 1, Item (38) Forestry Commission, Line 3, Opposite /Control/ by striking /$533,887/ and inserting /$443,887/.
Amend further, by inserting immediately after line 3, a new sub-item to read as follows:
/Forest Fire Equipment - Union County $90,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. FARR explained the amendment.
Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 44 to 23.
Reps. J. BROWN, McBRIDE, FABER and T. ROGERS proposed the following Amendment No. 17 (Doc. No. 0773b), which was tabled.
Amend the resolution, as and if amended, Section 1, Page 4, item (11) by inserting immediately after line 14 the following sub-item:
/U.S. Youth Games 50,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. BROWN explained the amendment.
Rep. KIRSH moved to table the amendment, which was agreed to.
Reps. J. BROWN, McBRIDE, FABER and T. ROGERS proposed the following Amendment No. 18 (Doc. No. 0776b), which was tabled.
Amend the resolution, as and if amended, Section 1, Page 4, Item (11) by inserting immediately after line 14 the following sub-item:
/U.S. Youth Games 25,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. BROWN explained the amendment.
Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 39 to 24.
The SPEAKER granted Rep. ALTMAN a temporary leave of absence to attend a Joint Legislative Committee meeting on State Bidding Practices.
Rep. GENTRY proposed the following Amendment No. 20, which was tabled.
Amend the resolution, as and if amended, in item (11), page 4, line 14, by striking /contribution 275,000/ and inserting /Contribution--Palmetto State Games $90,000.
Amend title and totals to conform.
Rep. GENTRY explained the amendment.
Rep. McABEE moved to table the amendment.
Rep. GENTRY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, K. Baker Barfield Baxley Bennett Brown, G. Burriss, M.D. Carnell Chamblee Cole Davenport Elliott Farr Felder Ferguson Gregory Hallman Harris, J. Harris, P. Hearn Hendricks Kay Keegan Keesley Keyserling Lockemy Mappus Martin, D. Martin, L. McAbee McTeer Moss Phillips Rama Rhoad Rudnick Simpson Snow Townsend Tucker Vaughn Waites Washington Wells Whipper White Wilder
Those who voted in the negative are:
Alexander, T.C. Blanding Boan Brown, H. Bruce Burch Clyborne Fant Gentry Glover Harwell Hayes Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kirsh Klapman Koon Limehouse Littlejohn Manly McCain McEachin McElveen McKay McLellan McLeod Neilson Nesbitt Nettles Quinn Sheheen Smith Sturkie Wofford
So, the amendment was tabled.
I was out of the Chamber attending the Senate Agriculture Subcommittee Public Hearing on the Beachfront Management Bill.
I wish to be recorded as voting in favor of tabling Amendment No. 20.
Rep. CORBETT
Debate was resumed on Amendment No. 8 by Reps. BLACKWELL and JASKWHICH.
Rep. BLACKWELL moved to table the amendment, which was agreed to.
Reps. BLACKWELL and JASKWHICH proposed the following Amendment No. 21 (Doc. No. 0777b), which was adopted.
Amend the resolution, as and if amended, Part I, Section I, page 4, line 21 as amended, by striking /State Public Defender System $110.250/ in its entirety
Amend further, Item (21) State Library, page 7, by inserting immediately after line 19 a new line to read as follows:
/Matching Grants for Construction of Library Facilities throughout the State. State Librarian is to determine the requirements and criteria for the project. $110,250/
Renumber items and sections to conform.
Amend totals and title to conform.
Rep. BLACKWELL explained the amendment.
The amendment was then adopted.
Reps. BLANDING, McELVEEN, McLEOD, BAXLEY and G. BROWN proposed the following Amendment No. 23 (Doc. No. 2940U), which was tabled.
Amend the resolution, as and if amended, in item (11), page 4, line 14, by striking /Contributions 275,000/
and inserting:
/Contributions:
Palmetto State Games
Whipper - Barony Park
Abbeville Opera House
Sumter Opera House 275,000/.
Amend totals and title to conform.
Rep. BLANDING explained the amendment.
Rep. McABEE spoke against the amendment.
Rep. BEASLEY raised the Point of Order that Amendment No. 23 was out of order as it was in violation of the Constitution.
The SPEAKER stated that it was a public purpose and he overruled the Point of Order.
Rep. McELVEEN spoke in favor of the amendment.
Rep. McABEE moved to table the amendment, which was agreed to by a division vote of 47 to 24.
Rep. HAYES proposed the following Amendment No. 24 (Doc. No. 0778b), which was tabled.
Amend the resolution, as and if amended, Section 1, Page 4, Item (11) - Dept. of Parks, Recreation & Tourism, line 10, opposite /Recreation Land Trust Fund/ by striking /1,000,000/ and inserting /1,275,000/
Amend further, line 14, opposite /Contributions/ by striking /275,000/ and inserting /0/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HAYES explained the amendment.
Rep. McABEE moved to table the amendment.
Rep. HAYES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M. O. Bailey, G. Bailey, K. Baker Bennett Brown, G. Burriss, M.D. Carnell Chamblee Cooper Derrick Elliott Faber Felder Glover Harris, J. Harvin Hearn Hendricks Kay Keegan Keesley Kohn Lockemy Manly Martin, D. Martin, L. McAbee McBride McTeer Moss Quinn Rama Rogers, T. Rudnick Sharpe Simpson Smith Taylor Tucker Vaughn Waites Washington Whipper White Wilder Wilkes Winstead Wright
Those who voted in the negative are:
Alexander, T.C. Barfield Baxley Blanding Boan Brown, H. Bruce Clyborne Cole Davenport Fant Farr Ferguson Foster Gentry Gregory Hallman Hayes Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kirsh Klapman Lanford Limehouse Littlejohn Mappus Mattos McCain McEachin McElveen McGinnis McLellan McLeod Neilson Nesbitt Nettles Phillips Sheheen Snow Wells Wofford
So, the amendment was tabled.
I was out of Chamber attending the Senate Agriculture Subcommittee Public Hearing on the Beachfront Management Bill.
I wish to be recorded as voting in favor of tabling Amendment No. 24.
Rep. CORBETT
Reps. BLANDING, McELVEEN, McLEOD, BAXLEY and G. BROWN proposed the following Amendment No. 26 (Doc. No. 2945U), which was tabled.
Amend the resolution, as and if amended, in item (38), page 11, by changing lines 3 and 4 to $433,887.
Amend further in item (11), page 4, line 14, by adding immediately after /Contributions $375,000/
/Contributions - Sumter Opera House 100,000/, Abbeville Opera House 100,000, Whipper Barony 75,000 and Palmetto State Games $100,000.
Amend totals and title to conform.
Rep. BLANDING explained the amendment.
Rep. WINSTEAD moved to table the amendment, which was agreed to by a division vote of 57 to 10.
Section 1, as amended, was then adopted.
Rep. FELDER moved to reconsider the vote whereby Section 1, as amended, was adopted.
Rep. J.W. JOHNSON moved to table the motion to reconsider.
Rep. GENTRY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C Bailey, G. Bailey, J. Bailey, K. Baker Barfield Bennett Blackwell Boan Brown, R. Bruce Burriss, M.D. Chamblee Cole Cooper Davenport Elliott Felder Ferguson Foster Hallman Harris, J. Harris, P. Harvin Hearn Hendricks Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Kirsh Kohn Lanford Littlejohn Lockemy Manly Mappus Martin, D. Martin, L. Mattos McCain McEachin McGinnis McLellan McTeer Moss Nesbitt Nettles Rama Rhoad Rogers, J. Rudnick Sheheen Simpson Smith Tucker Vaughn Waites Washington Wells Whipper Wilder Wilkes Winstead Wright
Those who voted in the negative are:
Blanding Brown, H. Clyborne Gentry Haskins Hayes Limehouse McElveen McLeod Phillips Quinn Sharpe Wofford
So, the motion to reconsider was tabled.
I was out of the Chamber attending the Senate Agriculture Subcommittee Public Hearing on the Beachfront Management Bill.
I wish to be recorded as voting in favor of tabling the motion to reconsider.
Rep. CORBETT
Section 2 was adopted.
The question then recurred to the passage of the Joint Resolution, as amended, on second reading.
Rep. GENTRY 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, J. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Boan Brown, G. Brown, H. Brown, R. Bruce Burch Burriss, M.D. Carnell Chamblee Cole Cooper Corning Derrick Elliott Faber Fair Fant Felder Ferguson Foster Hallman Harris, P. Harvin Harwell Hayes Hearn Hendricks Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Keyserling Kirsh Klapman Kohn Littlejohn Lockemy Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Rama Rhoad Rogers, J. Rudnick Sharpe Sheheen Simpson Smith Snow Tucker Vaughn Waites Waldrop Washington Whipper White Wilder Wilkes Wilkins Winstead Wofford Wright
Those who voted in the negative are:
Blanding Clyborne Davenport Farr Gentry Haskins Lanford McEachin McElveen Quinn Wells
So, the Joint Resolution, having received the necessary two-thirds vote of the members present and voting, and not less than three-fifth's of the total membership of the House, was passed and ordered to third reading.
I was out of the Chamber attending the Senate Agriculture Subcommittee Public Hearing on the Beachfront Management Bill.
I wish to be recorded as voting in favor of the Bill.
Rep. CORBETT
Rep. R. BROWN moved that the House recur to the morning hour.
Rep. McLELLAN raised the Point of Order that the motion to recur to the morning hour was out of order, as the House was now on Special Orders.
The SPEAKER stated that the number of the Bill for Special Order had not been rend and he overruled the Point of Order.
Rep. McLELLAN moved to table the motion to recur, which was agreed to by a division vote of 66 to 21.
Rep. FARR moved that the House do now adjourn.
Rep. J.W. JOHNSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Baxley Bennett Davenport Farr Hallman Harwell Lanford Nesbitt Phillips
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Baker Barfield Beasley Blackwell Boan Brown, H. Bruce Burriss, M.D. Chamblee Clyborne Cole Cooper Corning Derrick Faber Fair Fant Felder Ferguson Foster Gentry Glover Gregory Harris, J. Harris, P. Harvin Haskins Hearn Hendricks Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Kohn Littlejohn Lockemy Manly Mappus Martin, D. Martin, L. Mattos McBride McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Quinn Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Tucker Vaughn Waites Waldrop Wells White Wilder Wilkes Winstead Wofford Wright
So, the House refused to adjourn.
I was out of the Chamber attending the Agriculture Subcommittee Public Hearing on the Beachfront Management Bill.
I wish to be recorded as voting against the motion to adjourn.
Rep. CORBETT
The following Bill was taken up.
H. 3601 -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM SURPLUS FOR THE EXPENSES OF STATE GOVERNMENT, TO IDENTIFY THE SOURCES OF FUNDS FOR THE SUPPLEMENTAL APPROPRIATIONS; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-22 SO AS TO REQUIRE THE COMMISSION ON HIGHER EDUCATION, IN CONSULTATION WITH THE STATE BOARD OF EDUCATION TO ESTABLISH A CENTER FOR THE ADVANCEMENT OF TEACHING AND SCHOOL, LEADERSHIP, TO PROVIDE FOR THE CENTER'S PURPOSE AND RESPONSIBILITIES; BY ADDING SECTION 59-29-220 SO AS TO PROVIDE A DISCIPLINE-BASED ARTS EDUCATION CURRICULUM FOR SCHOOLS OF THE STATE; AND BY ADDING SECTION 59-1-452 SO AS TO ESTABLISH THE PUBLIC SCHOOL EMPLOYEE COST SAVINGS PROGRAM.
Section 1 was adopted.
Rep. LIMEHOUSE proposed the following Amendment No. 5 (Doc. No. 0748b), which was adopted.
Amend the bill, as and if amended, Part I, Section 2, Page 3, Item (3)(b), Department of Education, line 15, opposite /Textbooks/ by striking /5,501,498/ and inserting /5,086,498/.
Amend further, immediately after line 38, by inserting a new item appropriately numbered to read:
/( ) Reading Recovery Program 100,000/.
Renumber items and sections to conform.
Amend totals and title to conform.
Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.
Reps. BOAN, J. HARRIS and T. ROGERS proposed the following Amendment No. 4 (Doc. No. 0741b), which was adopted.
Amend the bill, as and if amended, Part I, Section 2 Item (3)(b), Department of Education, Page 3, Line 15, opposite /Textbooks/ by striking /5,501,498/ and inserting /5,086,498/
Amend further, Line 17, Item (3)(d), opposite /Bus Replacement/, by striking /8,700,000/ and inserting /$8,815,000/
Amend Further, Page 4, immediately after line 18, by inserting a new item appropriately numbered to read:
/( ) Development Board
Advertising $200,000/
Renumber items and sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Reps. KIRSH, KLAPMAN and J.W. JOHNSON proposed the following Amendment No. 3 (Doc. No. 2830U), which was adopted.
Amend the bill, as and if amended, Part I, SECTION 2, page 4, item (6), by inserting immediately after line 13
(6.1) Of the funds appropriated for the Cutting Edge: Research Investment Initiative, twenty-five percent of the funds must be allocated to the state's senior public colleges. If the number of quality proposals for funds submitted by the senior colleges does not necessitate the twenty-five percent allocation, then the remaining funds must be allocated by the Commission on Higher Education to the state's public universities./
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Reps. J. HARRIS and McABEE proposed the following Amendment No. 2 (Doc. No. 0747b), which was adopted.
Amend the bill, as and if amended, Part I, Section 2, page 4, immediately after line 18, by inserting a new item appropriately numbered to read:
/( ) Joint Legislative Committee on Cultural Affairs
Brochure Reprint & Surveys $4,104/
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. HARRIS explained the amendment.
The amendment was then adopted.
Rep. FABER proposed the following Amendment No. 6 (Doc. No. 2912U), which was tabled.
Amend the bill, as and if amended, in Part I, Section 2, page 4, by adding an appropriately numbered item to read:
/( ) State Board for Technical
and Comprehensive Education
Pilot program--employment
retraining for unemployed or
underemployed farm workers 50,000/
Renumber items to conform.
Amend title and totals to conform.
Rep. FABER explained the amendment.
Rep. McLELLAN spoke against the amendment.
Rep. FABER spoke in favor of the amendment.
Rep. McLELLAN moved to table the amendment, which was agreed to by a division vote of 62 to 16.
Rep. LITTLEJOHN moved that the House recur to the morning hour.
Rep. KIRSH moved to table the motion, which was not agreed to by a division vote of 40 to 62.
Rep. McLELLAN raised the Point of Order that the motion to recur to the morning hour was out of order, as the House was now on Special Orders.
Rep. R. BROWN stated that each Special Order Bill was a separate item.
The SPEAKER stated that the House was now considering a Special Order Bill and he sustained the Point of Order.
Rep. T. ROGERS proposed the following Amendment No. 7 (Doc. No. 0766b), which was adopted.
Amend the bill, as and if amended, Part I, Section 2, Page 4, by inserting immediately following line 18 the following new item to read:
/( ) Indigent Defense Services
Staff Director $39,750
/Start-up Costs $106,146/
Amend further by inserting the following new paragraph to read:
/( ) The amount appropriated in this item for the Indigent Defense Services must lapse and become a part of the General Fund in the event the General Assembly does not enact legislation creating the Indigent Defense System during the 1989 session./
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. ROGERS explained the amendment.
The amendment was then adopted.
Reps. McEACHIN and R. BROWN proposed the following Amendment No. 9 which was ruled out of order.
Amend the Bill by striking on page 3, lines 29-31 and lines 34-35.
Amend further by striking on page 2, line 28 3,431,678 and inserting 4,431,678.
Amend title and total to conform.
Rep. McEACHIN explained the amendment.
Rep. BOAN raised the Point of Order that Amendment No. 9 was out of order as it was spending EIA money.
The SPEAKER sustained the Point of Order and ruled the Amendment out of order.
Reps. BOAN, KIRSH and T. ROGERS explained the Section.
Rep. McEACHIN proposed the following Amendment No. 10 which was tabled.
Amend the Bill by striking on page 3, lines 29-31 and lines 34-35 in their entirety.
Add after line 37
Textbooks 1,000,000
Amend title and totals to conform.
Rep. McEACHIN explained the amendment.
Rep. BOAN spoke against the amendment.
Rep. J. ROGERS raised the Point of Order that Amendment No. 10 was out of order as it was spending EIA money on general fund items.
Rep. McEACHIN, with unanimous consent, amended the amendment at the desk.
Rep. McEACHIN spoke in favor of the amendment.
The SPEAKER stated that it was unnecessary to rule on Rep. J. ROGERS' Point of Order on Amendment No. 10, as the Amendment was changed at the desk with unanimous consent.
Rep. McGINNIS moved that the House do now adjourn.
Rep. McLELLAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Bailey, J. Baxley Blanding Brown, G. Carnell Davenport Glover Gregory Harris, P. Hendricks Lanford Martin, L. McAbee McGinnis McLeod Rhoad Short Simpson Smith Townsend Tucker Wells
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Barber Barfield Beasley Bennett Blackwell Boan Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Chamblee Clyborne Cole Cooper Corbett Corning Derrick Elliott Faber Farr Ferguson Foster Gentry Hallman Harris, J. Harvin Harwell Haskins Hayes Hearn Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Kohn Limehouse Littlejohn Lockemy Manly Mappus Martin, D. Mattos McBride McCain McEachin McKay McLellan McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rogers, J. Rogers, T. Rudnick Sheheen Snow Taylor Vaughn Waites White Wilder Wofford Wright
So, the House refused to adjourn.
Rep. McLELLAN moved to table the amendment, which was agreed to by a division vote of 67 to 30.
Section 2, as amended, was adopted.
Section 3 was adopted.
Rep. McEACHIN moved to table the Section.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Bruce Burriss, M.D. Clyborne Cole Davenport Gregory Hallman Haskins McEachin McGinnis
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Beasley Bennett Blackwell Boan Brown, H. Brown, J. Brown, R. Burch Carnell Chamblee Cooper Corbett Corning Derrick Elliott Faber Farr Foster Gentry Glover Harris, J. Harris, P. Harvin Hayes Hearn Hendricks Hodges Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Kohn Limehouse Littlejohn Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McElveen McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Taylor Townsend Tucker Vaughn Waites Washington Wells Whipper White Wilder Wilkes Wilkins Wofford Wright
So, the House refused to table the Section.
The question then recurred to the adoption of the Section, which was agreed to.
Section 2 was adopted.
Rep. BOAN explained the section.
Section 3 was adopted.
Part III was adopted.
Rep. MANLY moved to reconsider the vote whereby Part I, Section 2 was adopted.
Rep. McLELLAN moved to table the motion to reconsider, which was agreed to.
The question then recurred to the passage of the Bill, as amended, on second reading, which was agreed to.
Rep. H. BROWN moved that the House recur to the morning hour.
Rep. LIMEHOUSE moved that the House do now adjourn.
Rep. HAYES 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 question then recurred to the motion that the House recur to the morning hour.
Rep. McCAIN moved to table the motion to recur.
Rep. McLELLAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, K. Burriss, M.D. Cooper Foster Hayes Hearn Kirsh Klapman Limehouse McCain McElveen Nesbitt Sheheen Short Simpson
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, R. Burch Carnell Chamblee Clyborne Cole Corbett Corning Derrick Elliott Faber Farr Ferguson Gentry Glover Gregory Hallman Harris, J. Harvin Harwell Haskins Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Littlejohn Lockemy Manly Mappus Martin, L. Mattos McAbee McEachin McGinnis McKay McLellan McLeod McTeer Moss Neilson Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Smith Snow Townsend Tucker Vaughn Waites Waldrop Wells White Wilder Wilkes Winstead Wofford Wright
So, the House refused to table the motion to recur to the morning hour.
Rep. WASHINGTON moved that the House do now adjourn.
Rep. R. BROWN 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 question then recurred to the motion that the House recur to the morning hour.
Rep. R. BROWN demanded the yeas and nays, which were not ordered.
The motion to recur to the morning hour was agreed to by a division vote of 88 to 4.
Rep. CARNELL moved that the House do now adjourn.
Rep. R. BROWN 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.
Rep. BARFIELD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Bailey, J. Bailey, K. Burriss, M.D. Jaskwhich Klapman Limehouse McBride McGinnis Nesbitt Sharpe Short Simpson Smith Washington Wells Whipper Wilkins
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, R. Bruce Burch Carnell Chamblee Clyborne Cole Cooper Corbett Derrick Elliott Farr Ferguson Foster Gentry Gregory Hallman Harris, J. Harvin Harwell Haskins Hayes Hearn Hendricks Hodges Huff Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Littlejohn Lockemy Manly Mappus Martin, D. Martin, L. Mattos McAbee McEachin McElveen McKay McLellan McLeod McTeer Moss Neilson Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Snow Townsend Tucker Vaughn Waites Waldrop Wilder Wilkes Winstead Wofford Wright
So, the House refused to adjourn.
Rep. LIMEHOUSE raised the Point of Order that the motion to recur to the morning hour was out of order as the House was now considering Special Orders.
The SPEAKER stated that the motion was made after the second reading of one Special Order Bill and before the next Special Order Bill was taken up by the House and he overruled the Point of Order.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3398 -- Reps. J. Rogers, T.C. Alexander, Altman, K. Bailey, Baker, Barfield, Baxley, Beasley, Blanding, G. Brown, H. Brown, R. Brown, Bruce, Burch, Chamblee, Cork, Davenport, Elliott, Farr, Felder, Gentry, Glover, Gordon, J. Harris, Harvin, Harwell, Haskins, Hendricks, Huff, Keegan, Koon, Lanford, Lockemy, L. Martin, McEachin, McElveen, McGinnis, McKay, McLellan, Neilson, Nettles, T. Rogers, Rudnick, Snow, Stoddard, Sturkie, Tucker, Waldrop, Washington, Wilder, D. Williams, J. Williams, Wofford and Moss: A BILL TO AMEND SECTION 33-49-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING BY MEMBERS OF ELECTRIC COOPERATIVES, SO AS TO ELIMINATE VOTING BY MAIL AT COOPERATIVE MEETINGS; TO AMEND SECTION 33-49-610, RELATING TO TRUSTEES OF ELECTRIC COOPERATIVES, SO AS TO REVISE PROVISIONS FOR THE REMOVAL OF TRUSTEES AND THE ELECTION OF SUCCESSORS, AND TO PROVIDE FOR REMOVAL OF TRUSTEES FOR CAUSE; AND TO AMEND SECTION 33-49-1030, RELATING TO ACTIONS PERTAINING TO DISSOLUTION BY THE BOARD OF TRUSTEES AND MEMBERS OF A COOPERATIVE, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES A COOPERATIVE SHALL FOLLOW IN ORDER TO BE DISSOLVED INCLUDING THE REQUIREMENT OF AN AFFIRMATIVE VOTE AT A MEETING OF AT LEAST TWO-THIRDS OF ALL THE MEMBERS OF THE COOPERATIVE, AND TO PROVIDE FOR ABSENTEE BALLOTS UNDER CERTAIN CIRCUMSTANCES.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 71 -- Senator Drummond: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA REAL ESTATE COMMISSION FOR SIX YEARS.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3565 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 34-29-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES FOR CONSUMER FINANCE COMPANIES; AND TO AMEND SECTION 37-3-503, RELATING TO SUPERVISED LOAN LICENSES FOR LENDERS UNDER THE PROVISIONS OF THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO RAISE THE MINIMUM STANDARD OF FINANCIAL RESPONSIBILITY FOR APPLICANTS FROM TWENTY-FIVE THOUSAND DOLLARS IN ASSETS TO SEVENTY-FIVE THOUSAND DOLLARS.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3450 -- Reps. R. Brown and T.M. Burriss: A BILL TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3707 -- Rep. Nettles: A BILL TO AMEND SECTION 38-77-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND DESIGNATED PRODUCERS, SO AS TO PROVIDE THAT AN APPLICANT MAINTAINING MULTIPLE OFFICES ON JUNE 4, 1987, IS ENTITLED TO MAINTAIN MULTIPLE LOCATIONS AS A DESIGNATED AGENT FOR EACH LOCATION HE OWNED AND OPERATED AT THAT TIME AND THROUGH WHICH PREMIUMS OF A CERTAIN AMOUNT WERE WRITTEN.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 67 -- Senator Drummond: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS FOR SIX YEARS.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 400 -- Finance Committee: A BILL TO AMEND SECTION 40-58-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOND AND SECURITY REQUIREMENTS FOR MORTGAGE LOAN BROKERS, SO AS TO CHANGE THE REQUIRED AMOUNT FOR SECURITY AND BOND REQUIREMENTS FROM FIFTY THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3494 -- Reps. McAbee, Cork, Corning, Burch, Rama, L. Martin, H. Brown, McCain, G: Bailey, Sharpe, White, Haskins, Wells, Neilson, Corbett, Keesley, Washington, McTeer, P. Harris, Kirsh, Wilkins, Taylor, Stoddard, Carnell, T.C. Alexander, Beasley, Harvin, Farr, Glover, McGinnis, Wofford, Chamblee, Mattos, Baker, Keegan, J.C. Johnson, Vaughn, Fant, Davenport, Phillips, J. Williams, Littlejohn and Jaskwhich: A HOUSE RESOLUTION TO MEMORIALIZE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO USE A BALANCED APPROACH IN REDUCING THE FEDERAL BUDGET DEFICIT RATHER THAN IMPOSING AN INCREASE IN THE MOTOR FUEL TAX RATE AND TO INSURE THAT THESE EXISTING TAX REVENUES CONTINUE TO BE EARMARKED FOR THE HIGHWAY AND AVIATION TRUST FUNDS TO FULFILL AMERICA'S URGENTLY NEEDED HIGHWAY AND TRANSPORTATION NEEDS IN THE YEARS AHEAD.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 359 -- Senators Long, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO USE A BALANCED APPROACH IN REDUCING THE FEDERAL BUDGET DEFICIT RATHER THAN IMPOSING AN INCREASE IN THE MOTOR FUEL TAX RATE AND TO INSURE THAT THESE EXISTING TAX REVENUES CONTINUE TO BE EARMARKED FOR THE HIGHWAY AND AVIATION TRUST FUNDS TO FULFILL AMERICA'S URGENTLY NEEDED HIGHWAY AND TRANSPORTATION NEEDS IN THE YEARS AHEAD.
Ordered for consideration tomorrow.
The following was introduced:
H. 3730 -- Reps. Harvin and McLeod: A CONCURRENT RESOLUTION CONGRATULATING LAURENCE MANNING ACADEMY OF CLARENDON COUNTY FOR WINNING ITS SECOND CONSECUTIVE SCISAA 3A STATE CHAMPIONSHIP IN BOYS' BASKETBALL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 557 -- Senators Helmly, Horace C. Smith, Lee, Russell, Moore and Fielding: A CONCURRENT RESOLUTION TO RECOGNIZE AMOCO CORPORATION AND ITS SUBSIDIARIES FOR ONE HUNDRED YEARS OF SERVICE TO THE STATE AND FOR ITS MANY ECONOMIC AND SOCIAL CONTRIBUTIONS TO IMPROVE THE QUALITY OF LIFE FOR ALL SOUTH CAROLINIANS AND TO WISH IT EVERY SUCCESS IN THE FUTURE AS IT CONTINUES TO SERVE OUR STATE.
Whereas, 1989 marks the completion of one hundred years of service to South Carolina by Amoco Corporation; and
Whereas, the company has grown from a local provider of petroleum to a major petroleum and chemical supplier for the entire free world: and
Whereas, Amoco Corporation has chemical and plastic manufacturing facilities located in Berkeley and Greenville Counties, oil terminal facilities in North Augusta and Spartanburg, and over three hundred branded gasoline outlets across the State; and
Whereas, the company contributes to the economy of the State with a payroll of more than one thousand employees, purchases of goods and services, dividends to stockholders, and taxes; and
Whereas, Amoco Corporation, responding to the needs of society, traditionally has participated in a broad variety of projects that improve the quality of life in the communities where it operates; and
Whereas, the company has developed long-standing and extensive programs to further education, such as the building of the John E. Swearingen Engineering Center at the University of South Carolina, civic and community service projects, and statewide cultural organizations; and
Whereas, over the years Amoco Corporation has supported positive and balanced conservation of all natural resources and taken precautions reasonably necessary to protect the environment wherever the company operates. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly recognize Amoco Corporation and its subsidiaries for one hundred years of service to the State and for its many economic and social contributions to improve the quality of life for all South Carolinians and wish it every success in the future as it continues to serve our State.
Be it further resolved that a copy of this resolution be forwarded to the Chairman of the Board of Amoco Corporation.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3731 -- Reps. Hearn, Wilder and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-15 SO AS TO PROVIDE SPECIAL TESTING ARRANGEMENTS FOR STUDENTS WITH LEARNING DISABILITIES WHO TAKE THE HIGH SCHOOL EXIT EXAM.
Referred to Committee on Education and Public Works.
H. 3732 -- Reps. Fair and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-1045 SO AS TO PROVIDE FOR A TWENTY-SEVEN AND EIGHT-TENTHS PERCENT SURTAX ON BEER AND WINE TAXES AND FOR ITS DISTRIBUTION.
Referred to Committee on Ways and Means.
H. 3733 -- Rep. Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-15-135 SO AS TO PROVIDE THAT NO MOTOR VEHICLE DEALER MAY SELL A PERSON PURCHASING A MOTOR VEHICLE AN ADDITIONAL WARRANTY OR GUARANTEE ON THE VEHICLE FOR A CERTAIN PERIOD OF TIME IF THE SAME OR A SUBSTANTIALLY SIMILAR WARRANTY IS PART OF THE MANUFACTURER'S EXPRESS WARRANTY ON THE VEHICLE FOR THE SAME PERIOD OF TIME, AND TO PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Labor, Commerce and Industry.
H. 3734 -- Rep. Nettles: A BILL TO AMEND SECTION 24-9-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF STATE AND LOCAL FACILITIES HOUSING PRISONERS AND PRETRIAL DETAINEES, SO AS TO PROVIDE FOR AN INSPECTION OF FOOD SERVICE OPERATIONS, AND TO AMEND SECTION 24-9-30, RELATING TO THE ENFORCEMENT OF MINIMUM STANDARDS FOR THE INSPECTIONS, SO AS TO INCLUDE THE FOOD SERVICE INSPECTION AND PROVIDE FOR ACTION THAT MAY BE ORDERED BY THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS INSTEAD OF CLOSING A FACILITY WHEN STANDARDS ARE NOT MET.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3735 -- Rep. Davenport: A BILL TO AMEND SECTIONS 16-19-40 AND 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL GAMES AND BETTING, SO AS TO REVISE THE PROVISIONS DETAILING WHICH GAMES AND LOCATIONS ARE UNLAWFUL BY PROHIBITING THE PLAYING OF A GAME WITH CARDS OR DICE OR AT A GAMING TABLE OR BETTING FOR ANY THING OF VALUE, PROVIDE FOR A PERSON KEEPING A PUBLIC OR PRIVATE PLACE FOR GAMING OR GAMBLING TO BE GUILTY OF A FELONY, AND REVISE PENALTIES; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSE PROVIDED FOR IN THIS ACT; AND TO REPEAL SECTIONS 16-19-50, 16-19-70, 16-19-90, 16-19-100, 16-19-130, 16-19-140, 16-19-150, AND 16-19-160 RELATING TO GAMING AND GAMBLING.
Referred to Committee on Judiciary.
H. 3736 -- Rep. Gregory: A BILL TO AMEND SECTION 62-2-201, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE. RIGHT OF ELECTIVE SHARE UNDER THE UNIFORM PROBATE CODE, SO AS TO PROVIDE THAT A SURVIVING SPOUSE MUST BE MARRIED TO A DECEDENT FOR AT LEAST SEVEN CONSECUTIVE YEARS IN ORDER TO HAVE THE RIGHT OF ELECTIVE SHARE.
Referred to Committee on Judiciary.
H. 3737 -- Reps. Felder, Blackwell, Cooper, Ferguson, Lockemy and Short: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONSTRUCT ADDITIONAL MEDICAID CERTIFIED NURSING HOME BEDS AND PROVIDE ADEQUATE FUNDS TO PAY FOR THE CARE GIVEN TO THE ADDITIONAL MEDICAID PATIENTS WHEN THESE NEW BEDS ARE CONSTRUCTED AND CERTIFIED, AUTHORIZE THE DEPARTMENT TO CONTRACT WITH NURSING HOMES IN GEORGIA AND NORTH CAROLINA TO PROVIDE CARE FOR MEDICAID PATIENTS FROM THIS STATE DURING THE FIRST FISCAL YEAR BEFORE THE AUTHORIZED ADDITIONAL BEDS ARE CONSTRUCTED, PROVIDE FOR THE ADMISSION PROCEDURES FOR PATIENTS, AND REQUIRE THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO EXPAND THE HOSPITAL "SWING BED" PROGRAM TO THE MAXIMUM EXTENT ALLOWED BY FEDERAL LAW.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3738 -- Rep. Harvin: A BILL TO AMEND SECTION 12-51-95, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF A MOBILE OR MODULAR HOME BY ITS OWNER, SO AS TO PROVIDE THAT THE HOME MAY NOT BE REMOVED BY ANY DEFAULTING TAXPAYER DURING THE REDEMPTION PERIOD UNLESS THE HOME IS REDEEMED EARLIER OR THE OWNER IS REQUIRED TO MOVE IT BY ANOTHER PERSON WHO OWNS THE LAND UPON WHICH THE HOME IS SITUATED; AND TO REPEAL SECTION 12-51-96 RELATING TO THE CONDITIONS OF REDEMPTION OF A MOBILE OR MODULAR HOME.
Referred to Committee on Ways and Means.
Rep. J. ROGERS insisted upon the Special Orders of the day.
Rep. McEACHIN moved that the House do now adjourn.
Rep. WINSTEAD 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. 3622 -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM SURPLUS FOR THE EXPENSES OF STATE GOVERNMENT, TO IDENTIFY THE SOURCE OF FUNDS AND ESTABLISH PRIORITIES FOR THE APPROPRIATIONS, AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-437 SO AS TO ALLOW A DEDUCTION FROM THE SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS, PARTNERSHIPS (INCLUDING S CORPORATIONS), ESTATES, AND TRUSTS EQUAL TO FOURTEEN PERCENT OF NET LONG-TERM CAPITAL GAIN FOR TAXABLE YEARS BEGINNING AFTER 1988, TO DEFINE NET LONG-TERM CAPITAL GAIN, TO AUTHORIZE THE SOUTH CAROLINA TAX COMMISSION TO PROMULGATE IMPLEMENTING REGULATIONS, AND TO PROVIDE THAT SECTION 12-7-437 OF THE 1976 CODE SHALL TAKE EFFECT IF THERE IS AVAILABLE FIVE MILLION SIX HUNDRED THOUSAND DOLLARS OF FISCAL YEAR 1988-89 UNOBLIGATED SURPLUS REVENUES.
Reps. MANLY and JASKWHICH proposed the following Amendment No. 1 (Doc. No. 2685U).
Amend the bill, as and if amended, in Part I, Section 1, by adding a new item 3A. immediately after item 3 to read:
/3A. Roper Mountain Science
Center -- Planetarium Projector 150,000/.
Renumber items to conform.
Amend totals and title to conform.
Rep. MANLY explained the amendment.
Rep. FABER moved that the House do now adjourn.
Rep. McLELLAN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. MANLY continued speaking.
Rep. McLELLAN spoke against the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. BURCH moved that the House do now adjourn.
Rep. McCAIN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. WINSTEAD 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, K. Baker Barfield Baxley Bennett Boan Brown, G. Brown, R. Bruce Burch Cole Elliott Faber Farr Felder Ferguson Hallman Harris, J. Harwell Hendricks Hodges Kay Limehouse Littlejohn Manly Martin, L. Mattos McEachin McGinnis McKay Moss Neilson Nesbitt Nettles Phillips Rhoad Short Simpson Townsend Wells Wilder Williams, J.
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Barber Beasley Blackwell Brown, H. Burriss, M.D. Chamblee Clyborne Cooper Corbett Corning Derrick Fair Foster Gentry Glover Harvin Haskins Hayes Hearn Huff Johnson, J.C. Keegan Keesley Keyserling Kirsh Klapman Kohn Lockemy Mappus Martin, D. McBride McCain McElveen McLellan McTeer Quinn Rama Rogers, J. Rogers, T. Rudnick Sheheen Snow Vaughn Waites Waldrop Washington Whipper White Wilkes Wilkins Winstead Wofford Wright
So, the House refused to adjourn.
Reps. SHEHEEN, McLELLAN and J. ROGERS proposed the following Amendment No. 2 (Doc. No. 2888U), which was adopted.
Amend the bill, as and if amended, Part I, Section 1, beginning on page 2, by striking items (4) and (5), beginning on line 27 through line 8 on page 3 and inserting:
/(4) Income Tax
Rate Reduction 5,500,000
(4.1) The funds provided in this item are not an appropriation but represent an amount of unobligated surplus that must be available to compensate for the reduction in general fund revenues and which must be treated as an appropriation for purposes of priority for that provision of Part II of this act establishing a 2.75 percent state income tax bracket for tax able years beginning in 1989 to take effect.
(5) Homestead Exemption
Increase 7,900,000
(5.1)The funds provided in this item are not an appropriation but represent an amount of unobligated surplus that must be available to compensate for the reduction in general fund revenues and which must be treated as an appropriation for purposes of priority for the amendment to Section 12-37-250 of the 1976 Code in Part II of this act to take effect.
(6) Earned Income Credit 10,000,000
(6.1)Notwithstanding the full funding in order of priority requirement of Section 2 of this Part, if the full amount of the funds provided in this item is not available, but at least 1.25 million dollars is available, the available funds must be applied to the purposes of this item. Funds provided in this item are not an appropriation, but represent an amount of unobligated surplus to compensate for the reduction in general fund revenues and which must be treated as an appropriation for purposes of priority for the tax credit allowed in Section 12-7-1265 of the 1976 Code as added in Part II of this act to take effect for the 1989 taxable year.
(7) Department of Education
School Building Aid 16,440,356
(7.1) Funds appropriated in this item for school district building aid must be allocated so that each county first receives a minimum of $200,000. The balance of funds must be allocated on the same basis that districts receive EFA allocations. If actual revenue is not sufficient to meet this approach, the allocation based on the EFA method must be reduced first on a proportionate basis. If actual revenue is insufficient to meet the minimum allocation of $200,000 for each county, a pro rata reduction must be made.
(8) Aid to Subdivisions 10,000,000
(8.1) Funds appropriated in this item must be allocated according to the formula provided for aid to subdivisions in the 1989-90 general appropriations act and notwithstanding the priorities established pursuant to Section 2 of this Part, if the full amount of the appropriation is not available, the amount that is available must be distributed to subdivisions according to the formula./
Amend further, Part I, page 3, by striking Section 2 and inserting:
/SECTION 2. The appropriations and the general fund reduction offsets contained in Section 1 of this part are in order of priority and except where otherwise stated, each item must be fully funded or available in order of priority./
Renumber sections to conform.
Amend title and totals to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Rep. RUDNICK proposed the following Amendment No. 4 (Doc. No. 2867U), which was tabled.
Amend the bill, as and if amended, in Part 1, Section 1, page 3, by adding an appropriately numbered item to read:
/( ) employee and retiree
health insurance
premiums 4,970,000
( ) funds provided in this item must be used to defray the increased premiums for health insurance for state employees, school district employees, and retirees for the period January 1, 1990, through June 30, 1990./
Renumber to conform.
Amend title and totals to conform.
Rep. RUDNICK explained the amendment.
Rep. McLELLAN spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. McLELLAN proposed the following Amendment No. 9 (Doc. No. 0782B), which was adopted.
Amend the bill, as and if amended, Part I, Section 1, page 2, line 25, by striking /Avery Institute/ and inserting /Avery Research Center/
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Reps. WRIGHT and WAITES proposed the following Amendment No. 6 (Doc. No. 2943U), which was adopted.
Amend the bill, as and if amended, in Part I, Section 1, page 3, by adding an appropriately numbered item to read:
/( ) Department of Mental Health
Fire and Life Safety
Equipment 1,500,000/
Amend totals and title to conform.
Renumber items to conform.
Rep. WRIGHT explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. HEARN spoke in favor of the amendment.
Rep. KIRSH moved to table the amendment.
Rep. HEARN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Blackwell Boan Foster Gentry Hendricks Hodges Keyserling Kirsh Klapman Limehouse Mappus Martin, D. Mattos McCain McEachin McElveen McLellan McTeer Nesbitt Nettles Rama Washington Whipper Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Brown, G. Brown, H. Brown, R. Bruce Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Corbett Corning Derrick Elliott Faber Fair Farr Ferguson Hallman Harris, J. Harvin Harwell Haskins Hayes Hearn Huff Jaskwhich Johnson, J.C. Kay Keegan Keesley Littlejohn Lockemy Manly Martin, L. McBride McGinnis McKay Moss Neilson Phillips Quinn Rudnick Simpson Snow Townsend Vaughn Waites Waldrop Wells White Wilder Wilkes Wilkins Williams, J. Wofford Wright
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. KLAPMAN 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.
Rep. McCAIN 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. Baker Baxley Bennett Boan Brown, G. Brown, R. Bruce Burch Burriss, M.D. Clyborne Cole Elliott Fant Farr Ferguson Foster Gentry Glover Gordon Hallman Harwell Hendricks Hodges Kay Klapman Lanford Limehouse Littlejohn Martin, L. McGinnis McKay Moss Neilson Nesbitt Nettles Phillips Short Simpson Snow Townsend Waldrop Wilder Williams, J.
Those who voted in the negative are:
Alexander, T.C. Barber Barfield Beasley Blackwell Brown, H. Chamblee Cooper Corbett Corning Derrick Faber Fair Harris, J. Harvin Haskins Hayes Hearn Huff Jaskwhich Johnson, J.C. Keegan Keesley Keyserling Kirsh Kohn Lockemy Mappus Martin, D. Mattos McAbee McBride McCain McEachin McElveen McLellan McTeer Quinn Rama Rogers, J. Rudnick Vaughn Waites Washington Wells Whipper Wilkes Wilkins Winstead Wofford Wright
So, the House refused to adjourn.
Rep. McABEE proposed the following Amendment No. 10 (Doc. No. 2951U), which was tabled.
Amend the bill, as and if amended, Part I, Section 1, beginning on page 2, by striking items (4) and (5), beginning on line 27 through line 8 on page 3 and inserting:
(4) Department of Education
School Building Aid 16,440,356
(4.1) Funds appropriated in this item for school district building aid must be allocated so that each county first receives a minimum of $200,000. The balance of funds must be allocated on the same basis that districts receive EFA allocations. If actual revenue is not sufficient to meet this approach, the allocation based on the EFA method must be reduced first on a proportionate basis. If actual revenue is insufficient to meet the minimum allocation of $200,000 for each county, a pro rata reduction must be made.
(5) Aid to Subdivisions 10,000,000
(5.1) Funds appropriated in this item must be allocated according to the formula provided for aid to subdivisions in the 1989-90 general appropriations act and notwithstanding the priorities established pursuant to Section 2 of this Part, if the full amount of the appropriation is not available, the amount that is available must be distributed to subdivisions according to the formula.
(6) Income Tax
Rate Reduction 5,500,000
(6.1) The funds provided in this item are not an appropriation but represent an amount of unobligated surplus that must be available to compensate for the reduction in general fund revenues and which must be treated as an appropriation for purposes of priority for that provision of Part II of this act establishing a 2.75 percent state income tax bracket for taxable years beginning in 1989 to take effect.
(7) Homestead Exemption
Increase 7,900,000
(7.1) The funds provided in this item are not an appropriation but represent an amount of unobligated surplus that must be available to compensate for the reduction in general fund revenues and which must be treated as an appropriation for purposes of priority for the amendment to Section 12-37-250 of the 1976 Code in Part II of this act to take effect.
(8) Earned Income Credit 10,000,000
(8.1) Notwithstanding the full funding in order of priority requirement of Section 2 of this Part, if the full amount of the funds provided in this item is not available, but at least 1.25 million dollars is available, the available funds must be applied to the purposes of this item. Funds provided in this item are not an appropriation, but represent an amount of unobligated surplus to compensate for the reduction in general fund revenues and which must be treated as an appropriation for purposes of priority for the tax credit allowed in Section 12-7-1265 of the 1976 Code as added in Part II of this act to take effect for the 1989 taxable year./
Amend further, Part I, page 3, by striking Section 2 and inserting:
/SECTION 2. The appropriations and the general fund reduction offsets contained in Section 1 of this part are in order of priority and except where otherwise stated, each item must be fully funded or available in order of priority./
Renumber sections to conform.
Amend title and totals to conform.
Rep. McABEE explained the amendment.
Rep. J. ROGERS moved to table the amendment.
Rep. McABEE 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, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Brown, G. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Clyborne Cole Cooper Corbett Corning Derrick Elliott Faber Fair Farr Ferguson Foster Glover Hallman Harris, J. Harwell Haskins Hayes Hearn Hodges Huff Jaskwhich Johnson, J.C. Keegan Keesley Keyserling Kirsh Kohn Limehouse Littlejohn Lockemy Manly Mappus Martin, D. Martin, L. Mattos McBride McCain McEachin McElveen McGinnis McKay McLellan McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rogers, J. Rogers, T. Rudnick Sheheen Short Simpson Snow Townsend Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, J. Winstead Wofford Wright
Those who voted in the negative are:
Boan Chamblee Gentry Harvin Hendricks Johnson, J.W. Kay McAbee
So, the amendment was tabled.
Reps. MANLY and JASKWHICH proposed the following Amendment No. 1 (Doc. No. 0783B), which was adopted.
Amend the bill, as and if amended, Part I, Section 1, immediately after item 9 by inserting a new line appropriately numbered to read as follows:
/( )Roper Mountain Science Center
-- Planetarium Projector 150,000/
Renumber sections and items to conform.
Amend totals and title to conform.
Rep. MANLY explained the amendment.
Rep. McLELLAN spoke against the amendment.
The amendment was then adopted.
Debate was resumed on Amendment No. 1, which was proposed by Reps. MANLY and JASKWHICH.
Rep. MANLY moved to table the amendment, which was agreed to.
Section 1, as amended, was adopted.
Reps. SHEHEEN, McLELLAN, J. ROGERS and CHAMBLEE proposed the following Amendment No. 3 (Doc. No. 2900U), which was adopted.
Amend the bill, as and if amended, by striking Part II and inserting:
TO AMEND SECTION 12-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE INCOME TAX RATES OF INDIVIDUALS, ESTATES, AND TRUSTS, SO AS TO ESTABLISH A RATE EQUAL TO TWO AND SEVENTY-FIVE HUNDREDTHS PERCENT ON THE FIRST TWO THOUSAND DOLLARS OF SOUTH CAROLINA TAXABLE INCOME BEGINNING IN THE 1990 TAXABLE: YEAR AND TO ESTABLISH A RATE EQUAL TO TWO AND ONE-HALF PERCENT IN THE SAME BRACKET FOR TAXABLE YEARS BEGINNING AFTER 1990, TO ACCELERATE THE EFFECTIVE DATE OF THESE BRACKETS BY ONE TAXABLE YEAR IF THERE IS AVAILABLE FIVE AND ONE-HALF MILLION DOLLARS OF UNOBLIGATED 1988-89 FISCAL YEAR SURPLUS REVENUES AS CERTIFIED BY THE COMPTROLLER GENERAL, AND TO PROVIDE FOR THE CUMULATIVE ADJUSTING OF THE INCOME TAX BRACKETS PROVIDED IN THIS ACT.
A. If there is available the full amount of the general fund reduction offset made pursuant to Part I, Section 1 of this act for income tax rate reduction, the income tax rates as amended in subsection B of this section take effect. If there is not available the full amount, the income tax rates as amended in subsection B of this section do not take effect and the income tax rates as amended in subsection C of this section take effect. The Comptroller General shall certify no later than August 15, 1989, to the State Budget and Control Board, the South Carolina Tax Commission, and the Code Commissioner as to the availability of the full amount of the general fund reduction offset. The Code Commissioner shall cause the appropriate amendment to Section 12-7-210 of the 1976 Code to be printed in the 1989 supplement to the 1976 Code.
B. Section 12-7-210 of the 1976 Code, as amended by Section 25B, Part II of Act 170 of 1987, is further amended to read:
"Section 12-7-210. A tax is imposed on the South Carolina income of individuals, estates, and trusts computed at the following rates:
Not over $4,000 3 percent of taxable income
over $4,000 but
not over $6,000 $120 plus 4 percent of the excess over $4,000
over $6,000 but
not over $8,000 $200 plus 5 percent of the excess over $6,000
over $8,000 but
not over $10,000 $300 plus 6 percent of the excess over $8,000
over $10,000 $420 plus 7 percent of the excess over $10,000.
The commission may issue tax tables consistent with the rates set pursuant to this section for taxpayers with taxable incomes of less than fifty thousand dollars.
(A) For taxable years beginning before 1989, a tax is imposed on the South Carolina taxable income of individuals, estates. and trusts computed at the following rates:
Not over $4,000 3 percent of taxable income
over $4,000 but $120 plus 4 percent of the
not over $6,000 excess over $4,000
over $6,000 but $200 plus 5 percent of the
not over $8,000 excess over $6,000
over $8,000 but $300 plus 6 percent of the
not over $10,000 excess over $8,000
over $10,000 $420 plus 7 percent of the
of the excess over $10,000.
The commission may prescribe tax tables consistent with the rates set pursuant to this subsection for taxpayers with taxable incomes of less than fifty thousand dollars.
(B) For a taxable year beginning in 1989, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts computed at the following rates:
Not over $2,000 2.75 percent of taxable income
over $2,000 but $55 plus 3 percent of the
not over $4,000 excess over $2,000
over $4,000 but $115 plus 4 percent of the
not over $6,000 excess over $4,000
over $6.000 but $195 plus 5 percent of the
not over $8,000 excess over $6,000
over $8,000 but $295 plus 6 percent of the
not over $10,000 excess over $8,000
over $10,000 $415 plus 7 percent of the excess over $10,000
The commission may prescribe tax tables consistent with the rates set pursuant to this subsection for taxpayers with table incomes of less than fifty thousand dollars.
(C) For taxable years beginning after 1989, a tax is imposed on the South Carolina taxable income of individuals, estates and trusts computed at the following rates:
Not over $2,000 2.5 percent of taxable income
over $2,000 but $50 plus 3 percent of the
not over $4,000 excess over $2,000
over $4.000 but $110 plus 4 percent of the
not over $6,000 excess over $4,000
over $6,000 but $190 plus 5 percent of the
not over $8,000 excess over $6,000
over $8,000 but $290 plus 6 percent of the
not over $10,000 excess over $8,000
over $10,000 $410 plus 7 percent of the excess over $10,000.
The commission may prescribe tax tables consistent with the rates set pursuant to this subsection for taxpayers with taxable incomes of less than fifty thousand dollars."
C. Section 12-7-210 of the 1976 Code, as amended by Section 25B, Part II of Act 170 of 1987, is further amended to read:
"Section 12-7-210. A tax is imposed on the South Carolina taxable income of individuals, estates, and trusts computed at the following rates:
Not over $4,000 3 percent of taxable income
over $4,000 but $120 plus 4 percent of the
not over $6,000 excess over $4,000
over $6,000 but $200 plus 5 percent of the
not over $8,000 excess over $6,000
over $8,000 but $300 plus 6 percent of the
not over $10,000 excess over $8,000
over $10,000 $420 plus 7 percent of the excess over $10,000.
The commission may issue tax tables consistent with the rates set pursuant to this section for taxpayers with taxable incomes of less than fifty thousand dollars.
(A) For taxable years beginning before 1990, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts computed at the following rates:
Not over $4,000 3 percent of taxable income
over $4,000 but $120 plus 4 percent of the
not over $6,000 excess over $4,000
over $6,000 but $200 plus 5 percent of the
not over $8,000 excess over $6,000
over $8.000 but $300 plus 5 percent of the
not over $10,000 excess over $8,000
over $10,000 $420 plus 7 percent of the excess over $10,000.
The commission may prescribe tax tables consistent with the rates set pursuant to this subsection for taxpayers with taxable incomes of less than fifty thousand dollars.
(B) For a taxable year beginning in 1990, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts computed at the following rates:
Not over $2,000 2.75 percent of taxable income
over $2,000 but $55 plus 3 percent of the
not over $4,000 excess over $2,000
over $4,000 but $115 plus 4 percent of the
not over $6,000 excess over $4,000
over $6,000 but $195 plus 5 percent of the
not over $8,000 excess over $6,000
over $8,000 but $295 plus 5 percent of the
not over $10,000 excess over $8,000
over $10,000 $415 plus 7 percent of the excess over $10,000.
The commission may prescribe tax tables consistent with the rates set pursuant to this subsection for taxpayers with taxable incomes of less than fifty thousand dollars.
(C) For taxable years beginning after 1990, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts computed at the following rates:
Not over $2,000 2.5 percent of taxable income
over $2,000 but $50 Plus 3 percent of the
not over $4,000 excess over $2,000
over $4,000 but $110 plus 4 percent of the
not over $6,000 of the excess over $4,000
over $6,000 but $190 Plus 5 percent of the
not over $8,000 excess over $6,000
over $8,000 but $290 plus 5 percent of the
not over $10,000 excess over $8,000
over $10,000 $410 plus 7 percent of the excess over $10,000.
The commission may prescribe tax tables consistent with the rates set pursuant to this subsection for taxpayers with taxable incomes of less than fifty thousand dollars."
D. Inflation adjustments required by law to state income tax brackets must be made cumulatively to the income tax brackets provided in this section from the first taxable year in which these brackets take effect.
TO AMEND SECTION 12-37-250 OF THE 1976 CODE, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO INCREASE THE EXEMPTION FROM TWENTY TO TWENTY-FIVE THOUSAND DOLLARS BEGINNING IN THE 1989 TAXABLE YEAR IF THERE IS AVAILABLE SEVEN MILLION NINE HUNDRED THOUSAND DOLLARS OF UNOBLIGATED 1988-89 FISCAL YEAR SURPLUS REVENUES AS CERTIFIED BY THE COMPTROLLER GENERAL.
A. If there is available the full amount of the general fund reduction offset made pursuant to Part I, Section 1 of this act for the homestead exemption, subsection B of this section takes effect for taxable years beginning after 1988. If there is not available the full amount, subsection B does not take effect. The Comptroller General shall certify no later than August 15, 1989, to the State Budget and Control Board, the South Carolina Tax Commission, and the Code Commissioner as to the availability of the full amount of the general fund reduction offset. If the Comptroller General's certification is that the full amount is available, at the time of the certification, he shall notify in writing each county auditor of the increase in the homestead exemption. If Subsection B of this section takes effect, the Code Commissioner shall cause the amendment to Section 12-37-250 of the 1976 Code to be printed in the 1989 supplement to the 1976 Code.
B. The first paragraph of Section 12-37-250 of the 1976 Code is amended to read:
"The first twenty twenty-five thousand dollars of the fair market value of the dwelling place of persons is exempt from county, municipal, school, and special assessment real estate property taxes when the persons have been residents of this State for at least one year, have each reached the age of sixty-five years on or before December thirty-first, or any person who has been classified as totally and permanently disabled by a state or federal agency having the function of classifying persons, or any person who is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed and holds complete fee simple title or a life estate to the dwelling place. Any person claiming to be totally and permanently disabled, but who has not been classified by one of the agencies, may apply to the State Agency of Vocational Rehabilitation. The agency shall make an evaluation of such person using its own standards. The exemption shall include includes the dwelling place when jointly owned in complete fee simple or life estate by husband and wife and either has reached sixty-five years of age, or is totally and permanently disabled, or legally blind under this section, on or before December thirty-first preceding the tax year in which the exemption is claimed and either has been a resident of the State for one year. The exemption may not he granted unless such persons or their agents make written application therefor on or before July fifteenth of the tax year in which the exemption is claimed. The application for the exemption must be made to the auditor of the county and to the governing body of the municipality in which the dwelling place is located upon forms provided by the county and municipality and approved by the Comptroller General and a failure to apply constitutes a waiver of the exemption for that year. Beginning with tax year 1979 the auditor shall, as directed by the Comptroller General, notify the municipality of all exemption applications for a homestead exemption within the municipality and the information necessary to calculate the amount of the exemption. 'Dwelling place' means the permanent home and legal residence of the applicant."
TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1265 SO AS TO ALLOW A SOUTH CAROLINA TAXPAYER CLAIMING THE FEDERAL EARNED INCOME CREDIT A REFUNDABLE INDIVIDUAL STATE INCOME TAX CREDIT IN AN AMOUNT EQUAL TO EIGHT PERCENT OF THE FEDERAL CREDIT IF THERE IS AVAILABLE TEN MILLION DOLLARS OF UNOBLIGATED 1988-89 FISCAL YEAR SURPLUS REVENUES AS CERTIFIED BY THE COMPTROLLER GENERAL AND TO PROVIDE FOR THE REDUCTION OR ELIMINATION OF THE CREDIT FOR THE 1989 TAXABLE YEAR BASED ON THE AVAILABILITY OF UNOBLIGATED SURPLUS REVENUES SET ASIDE BY LAW TO FUND THE CREDIT.
Article 10, Chapter 7, Title 12 of the 1976 Code is amended by adding:
"Section 12-7-1265. (A) For taxable years beginning after 1989, a taxpayer who claims the federal earned income tax credit pursuant to Internal Revenue Code Section 32 for a taxable year is also allowed as a refundable state individual income tax credit an amount equal to eight percent of the federal earned income tax credit claimed by the taxpayer.
(B) For a taxable year beginning in 1989, the credit established pursuant to subsection (A) of this section is allowed in an amount equal to one percent, but not more than eight percent, of the federal credit claimed by the taxpayer for each one million two hundred fifty thousand dollars of fiscal year 1988-89 unobligated surplus revenues set aside by law to fund the credit for the 1989 taxable year. The Comptroller General shall certify no later than August 15, 1989, to the South Carolina Tax Commission as to the amount of any surplus revenues set aside by law to fund the credit and the South Carolina Tax Commission shall calculate the applicable percentage, if any, of the credit allowed for the 1989 taxable year."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Reps. BAKER, DAVENPORT, FELDER and McGINNIS proposed the following Amendment No. 7 (Doc. No. 2866U), which was tabled.
Amend the bill, as and if amended, in Part II, Permanent Provisions, page 4, by inserting an appropriately numbered section to read:
TO REPEAL SECTION 12-7-437 OF THE 1976 CODE, RELATING TO THE EXCLUSIONS FROM SOUTH CAROLINA TAXABLE INCOME OF A PORTION OF NET LONG-TERM CAPITAL GAINS.
Section 12-7-437 of the 1976 Code is repealed./
Renumber sections to conform.
Amend title and totals to conform.
Rep. BAKER explained the amendment.
Rep. McCAIN raised the Point of Order that Amendment No. 7 was out of order as it was not germane to the Bill.
The SPEAKER stated that Part II of the Bill dealt with the same code section and he overruled the Point of Order.
Rep. BAKER spoke in favor of the amendment.
Rep. McCAIN moved to table the amendment.
Rep. DAVENPORT 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, J. Bailey, K. Barber Barfield Baxley Beasley Bennett Blackwell Brown, H. Brown, R. Bruce Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Corbett Corning Derrick Elliott Gentry Glover Hallman Harris, J. Harvin Harwell Haskins Hayes Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McCain McEachin McElveen McKay McLellan McTeer Neilson Nettles Phillips Quinn Rama Rogers, J. Rogers, T. Rudnick Sheheen Short Snow Townsend Waites Waldrop Wilkes Wilkins Winstead Wofford Wright
Those who voted in the negative are:
Baker Brown, G. Cooper Davenport Fair Foster Littlejohn Manly McGinnis Moss Simpson Vaughn
So, the amendment was tabled.
Part II, as amended, was adopted.
Part III was adopted.
Rep. McABEE moved to reconsider the vote whereby Part I was adopted.
Rep. McCAIN moved to table the motion to reconsider, which was not adopted to by a division vote of 37 to 57.
The question then recurred to the motion to reconsider the vote whereby Part I was adopted, which was rejected by a division vote of 42 to 44.
The question then recurred to the passage of the Bill, as amended, on second reading, which was agreed to.
Rep. BLACKWELL moved that when the House adjourns it adjourn in celebration of the arrival of his granddaughter, Lillie Margaret Blackwell, at 2:45 P.M. today, which was agreed to.
Rep. BARFIELD moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3711 -- Rep. Keyserling: A CONCURRENT RESOLUTION TO CONGRATULATE THE DESIGN AND ARCHITECTURAL FIRM OF LUCAS STUBBS PASCULLIS POWELL & PENNEY, LTD. (LS3P) OF CHARLESTON ON THE CELEBRATION OF ITS TWENTY-FIFTH ANNIVERSARY AND COMMEND IT FOR ITS GENEROUS CONTRIBUTION OF TWENTY-FIVE THOUSAND DOLLARS TO THE SOUTH CAROLINA ARTS COMMISSION.
H. 3717 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING DEEPEST SORROW AT THE DEATH OF TIMOTHY G. HEATH OF AIKEN COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND FRIENDS.
H. 3719 -- Reps. Manly, Keyserling and Moss: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE PHYSICIANS AND SURGEONS OF SOUTH CAROLINA FOR THEIR CONCERNED AND PROFESSIONAL CARE OF PATIENTS THROUGHOUT THIS STATE ON THE OCCASION OF NATIONAL DOCTORS' DAY, MARCH 30, 1989.
H. 3720 -- Reps. Moss and Phillips: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF GEORGE (DON) PEELER OF CHEROKEE COUNTY, AN OFFICER WITH THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, WHO DIED FROM INJURIES IN AN AUTOMOBILE ACCIDENT WHILE ON DUTY.
At 6:55 P.M. the House in accordance with the motion of Rep. BLACKWELL adjourned in celebration of the arrival of his granddaughter, Lillie Margaret Blackwell, at 2:45 P.M. today to meet at 10:00 A.M. tomorrow.
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