Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Rev. Thom Perry, Pastor of Central Christian Church in Charleston:
Almighty God, our heavenly Father, who created law and made society possible, we pause to offer our sacrifice of praise to You! We thank You for Your daily oversight and acknowledge our reliance upon Your guidance. We express our gratitude for this assembly, and for the men and women who represent the citizens of This great state of South Carolina.
We petition Your guidance upon them as they deliberate the policies and regulations before them today.
May they consider equally, the well being of each citizen.
May they seek truth above all else.
May they have courage to stand upon their convictions.
May they have wisdom to govern Your people well.
May our faith rest in You and Your Word.
O Lord, hasten the day when men may live together in peace - bless the peacemakers.
Lord, make us pure in heart.
Instill in us a hunger and thirst for righteousness.
Forgive us our sins as we so treat our fellowman.
We make this prayer in the matchless name of Jesus... Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following were received and referred to the appropriate committee for consideration.
Document No. 1181
Promulgated By Department of Health and Environmental Control
Standards for Lay Midwives
Received by Speaker January 31, 1990
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day expiration date May 31, 1990
Document No. 1220
Promulgated By Criminal Justice Academy
Certification, Decertification, Accreditation
Received by Speaker January 31, 1990
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day expiration date May 31, 1990
The following was received.
Columbia, S.C., January 30, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 532:
S. 532 -- Senators Mitchell, Gilbert, Patterson, Matthews, Fielding and Nell W. Smith: A CONCURRENT RESOLUTION TO REQUEST THE STATE DEPARTMENT OF EDUCATION TO STUDY AND DEVELOP CRITERIA TO PROVIDE APPROPRIATE RECOGNITION FOR SCHOOL TEACHERS, ADMINISTRATORS, AND EMPLOYEES WHO HAVE ACHIEVED OUTSTANDING ACCOMPLISHMENTS DURING THEIR CAREERS, INCLUDING EXEMPLARY ATTENDANCE RECORDS.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., January 31, 1990
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 2:05 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. KEESLEY, the invitation was accepted.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 894 -- Senators Passailaigue and Mitchell: A BILL TO REPEAL SECTION 12-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BACKUP STATE INCOME TAX WITHHOLDING.
Ordered for consideration tomorrow.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 4276 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT NEW PLATES MAY BE ISSUED AT TIMES DETERMINED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF EVERY FIVE YEARS AND TO PROVIDE THAT THE DEPARTMENT MAY REVALIDATE ALL LICENSE PLATES EXCEPT VEHICLES EXCEEDING TWENTY-SIX THOUSAND POUNDS BY STICKER OR OTHER SUITABLE MEANS UPON PAYMENT OF THE SAME FEE PRESCRIBED FOR THE INITIAL ISSUANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1420 SO AS TO REQUIRE THE RETURN OF SPECIAL LICENSE PLATES FOR MEMBERS OF STATE BOARDS AND COMMISSIONS UPON THE EXPIRATION OF THEIR TERMS.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3810 -- Rep. Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-458 SO AS TO PROVIDE THAT AN INSURANCE AGENT MAY ACCEPT A NOTARIZED STATEMENT FROM AN APPLICANT FOR AUTOMOBILE INSURANCE THAT THE APPLICANT HAS COMPLIED WITH APPLICABLE MANDATORY AUTOMOBILE INSURANCE REQUIREMENTS FOR PURPOSES OF DETERMINING THE APPROPRIATE RATE FOR THE APPLICANT.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4335 -- Reps. M.O. Alexander, T.C. Alexander, Mappus, J. Bailey, R. Brown and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1255 SO AS TO REQUIRE A PERSON OWNING OR OPERATING A MOTOR VEHICLE TO CARRY PROOF OF HIS MOTOR VEHICLE LIABILITY INSURANCE, TO REQUIRE THE OWNER OR OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT TO PROVIDE OTHER PERSONS INVOLVED WITH INFORMATION CONCERNING HIS PROOF OF INSURANCE, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 56-5-1270, AS AMENDED, RELATING TO WRITTEN REPORTS OF CERTAIN MOTOR VEHICLE ACCIDENTS, SO AS TO REQUIRE WRITTEN REPORTS OF LAW ENFORCEMENT OFFICERS INVESTIGATING ACCIDENTS TO CONTAIN LIABILITY INSURANCE INFORMATION REGARDING THE OWNERS OR OPERATORS OF THE VEHICLES INVOLVED; AND TO AMEND SECTION 56-5-1300, RELATING TO ACCIDENT REPORT FORMS PREPARED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO PROVIDE THAT REPORTING FORMS DESIGNATED BY THE DEPARTMENT MUST INCLUDE THE LIABILITY INSURANCE OF THE OWNERS OR OPERATORS OF THE VEHICLES INVOLVED.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4378 -- Reps. Boan, Kohn, McElveen, McLellan and Taylor: A BILL TO AMEND SECTION 38-75-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO WINDSTORM AND HAIL INSURANCE; SECTION 38-75-320, RELATING TO THE PURPOSE OF THE WINDSTORM AND HAIL INSURANCE PROVISIONS; AND SECTION 38-75-330, RELATING TO THE CREATION AND MEMBERS OF THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, SO AS TO CHANGE THE REFERENCES TO WINDSTORM TO WIND.
Ordered for consideration tomorrow.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a report recommending that the Bill be referred to the Committee on Judiciary, on:
H. 4004 -- Reps. Fant, M.D. Burriss, McBride, Klapman, Littlejohn, Harwell, McKay, J. Rogers, Koon, M.O. Alexander, Clyborne, Glover, Manly, Neilson, J. Brown, Blanding, Baxley, Vaughn, Waites, Burch, J. Harris, Ferguson, Wright, Washington, J. Bailey and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 1 OF TITLE 23 SO AS TO ESTABLISH THE SOUTH CAROLINA PUBLIC ASSISTANCE DRUG ACT SO AS TO PROVIDE A MEANS TO ENCOURAGE AND SOLICIT PUBLIC ASSISTANCE TO LAW ENFORCEMENT AGENCIES IN "THE WAR ON DRUGS" AND TO DESIGNATE SECTIONS 23-1-15 THROUGH 23-1-220 AS ARTICLE 1.
On motion of Rep. ALTMAN, the Bill was referred to the Committee on Judiciary.
The following was introduced:
H. 4524 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE CHESTERFIELD HIGH SCHOOL FOR RECEIVING A TARGET 2000 COMPETITIVE DROPOUT PREVENTION AND RETRIEVAL GRANT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1159 -- Senators Waddell, Moore, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Williams, Wilson,: A CONCURRENT RESOLUTION EXPRESSING THE INTENTION OF THE GENERAL ASSEMBLY TO MAKE AVAILABLE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF EIGHT HUNDRED THOUSAND DOLLARS FOR USE IN REPLACING FUNDS BORROWED TO CONTINUE THE CHILDREN'S REHABILITATIVE SERVICES PROGRAM.
The Concurrent Resolution was ordered referred to the Committee on Ways and Means.
The Senate sent to the House the following:
S. 1173 -- Senators McGill, Rose, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS AND THE SECRETARY OF AGRICULTURE OF THE UNITED STATES TO SEND A FACT-FINDING TEAM TO SOUTH CAROLINA SO AS TO ASSESS THE RECENT DAMAGES SUFFERED BY THE FARMERS OF THE STATE AS A RESULT OF HURRICANE HUGO AND TO PROVIDE FINANCIAL ASSISTANCE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1181 -- Senators Wilson, Shealy, Giese, Williams, Setzler, Lourie, Pope, Russell, Martschink, Patterson, Macaulay and Courson: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE MACKIE QUAVE OF COLUMBIA IN RICHLAND COUNTY, DISTINGUISHED RADIO AND TELEVISION BROADCASTING PIONEER IN THE MIDLANDS.
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. 4525 -- Rep. L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3845 SO AS TO PROHIBIT A PERSON FROM RIDING AS A PASSENGER IN THE TRUNK OF A MOTOR VEHICLE AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Education and Public Works.
H. 4526 -- Rep. Taylor: A BILL TO PROVIDE THAT THE GOVERNING BODY OF A RECREATION DISTRICT THAT HAS AUTHORITY TO ISSUE GENERAL OBLIGATION BONDS MAY ISSUE ADDITIONAL GENERAL OBLIGATION BONDS UNDER CERTAIN CONDITIONS.
Referred to Committee on Ways and Means.
H. 4527 -- Reps. Koon, Rama, McAbee, Klapman, McLeod, Winstead and Derrick: A BILL TO AMEND SECTION 50-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO PROVISIONS DEALING WITH THE TITLING, DISPLAY, AND SALE OF WATERCRAFT AND OUTBOARD MOTORS BY MARINE DEALERS, SO AS TO DELETE THE REQUIREMENT THAT A PERSON MUST SELL A MINIMUM OF TWENTY WATERCRAFT OR OUTBOARD MOTORS EACH CALENDAR YEAR TO BE CONSIDERED A MARINE DEALER FOR PURPOSES OF THESE PROVISIONS.
Referred to Committee on Ways and Means.
H. 4528 -- Reps. McLeod, Waites, Washington, G. Brown, Blanding, Moss, Manly, Whipper, Keyserling, Elliott, Farr, Gregory, Keesley, D. Williams, Fair, J. Rogers, T. Rogers and Jaskwhich: A BILL TO REQUIRE THE LEGISLATIVE AUDIT COUNCIL TO PUBLISH ANNUALLY AN "OFFICIAL INSPECTION HANDBOOK", TO REQUIRE THE INDEXING AND CROSS-REFERENCING OF THE REGULATIONS, STANDARDS, AND GUIDELINES OF INSPECTION USED BY STATE AGENCIES CHARGED BY LAW WITH MAKING INSPECTIONS AND REQUIRE THE COUNCIL TO ENSURE CERTAIN STANDARDS OR CONDITIONS, TO PROVIDE THAT EVERY PERSON CONDUCTING AN INSPECTION FOR A STATE AGENCY SHALL HAVE A COPY OF THE "HANDBOOK" DURING THE INSPECTION, AND TO PROVIDE FOR THE AVAILABILITY AND COST OF THE "HANDBOOK" TO THE PUBLIC.
Referred to Committee on Ways and Means.
H. 4529 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-311 SO AS TO PROVIDE THAT A PERSON LICENSED TO SELL BEER AND WINE AT RETAIL FOR OFF-PREMISES CONSUMPTION MAY ONLY SELL UNREFRIGERATED BEER AND WINE.
Referred to Committee on Labor, Commerce and Industry.
H. 4530 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS AND CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1039, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4531 -- Rep. Beasley: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING AS A CANDIDATE TO RUN IN CERTAIN ELECTIONS, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO NONPARTISAN SCHOOL TRUSTEE ELECTIONS IN ANY SCHOOL DISTRICT WHERE LOCAL LAW PROVISIONS PROVIDE FOR OTHER DATES AND PROCEDURES FOR FILING STATEMENTS OF CANDIDACY.
Referred to Committee on Judiciary.
H. 4532 -- Reps. T.C. Alexander and M.O. Alexander: A BILL TO AMEND SECTION 58-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE REGULATORY FUNCTIONS OF THE PUBLIC SERVICE COMMISSION, SO AS TO INCLUDE PROPANE GAS DISTRIBUTORS WITHIN THE DEFINITION OF "PUBLIC UTILITY".
Referred to Committee on Labor, Commerce and Industry.
H. 4533 -- Reps. M.O. Alexander, Mattos, Blackwell and Manly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-11-515, SO AS TO PROVIDE THAT ANY AUCTIONEER WHO SELLS A HORSE OR MULE AT AUCTION IS RESPONSIBLE TO THE PURCHASER FOR ACTUAL DAMAGES IN THE EVENT IT IS SHOWN AND PROVED THAT THE HORSE OR MULE SOLD BY HIM WAS STOLEN.
Referred to Committee on Judiciary.
H. 4534 -- Reps. Felder, Blackwell, Cooper, Ferguson, Moss and White: A BILL TO AMEND CHAPTER 6, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO CREATE GROUPINGS DESIGNATED AS ARTICLE 1, "GENERAL PROVISIONS", ARTICLE 2, "MEDICALLY INDIGENT ASSISTANCE ACT", AND ARTICLE 3, "CHILD DEVELOPMENT SERVICES"; AND TO AMEND THE 1976 CODE BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR PROCEDURES FOR INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOMES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4535 -- Rep. McCain: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 78 SO AS TO ENACT THE "SOUTH CAROLINA CONSUMER FREEDOM OF CHOICE IN MOTOR VEHICLE INSURANCE ACT"; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO CHANGE THE DEFINITION OF "DAMAGES"; TO AMEND SECTION 38-77-140, RELATING TO BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO REVISE THE CODE SECTION BY, AMONG OTHER THINGS, ADDING PROVISIONS, INCLUDING REQUIRING AN INSURER TO OFFER THE INSURED A RIDER OR ENDORSEMENT FOR AN ADDITIONAL PREMIUM TO COVER LIABILITY FOR PUNITIVE DAMAGES; TO AMEND SECTION 38-77-150, RELATING TO THE UNINSURED MOTORIST PROVISION AND THE DEFENSE OF AN ACTION BY THE INSURER, SO AS TO REVISE THE CODE SECTION BY, AMONG OTHER THINGS, ADDING PROVISIONS, INCLUDING REQUIRING AUTOMOBILE INSURERS TO OFFER AT THE OPTION OF THE INSURED, HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE IN ACCORDANCE WITH SECTION 38-77-350, AND REQUIRING INSURERS TO OFFER ON A FORM PRESCRIBED BY THE CHIEF INSURANCE COMMISSIONER "NONSTACKABLE" POLICIES OF UNINSURED MOTORIST COVERAGE CONTAINING CERTAIN POLICY PROVISIONS; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO ADDITIONAL UNINSURED MOTORIST COVERAGE AND TO UNDERINSURED MOTORIST COVERAGE, SO AS TO REVISE THE CODE SECTION BY, AMONG OTHER THINGS, DELETING PROVISIONS, PROVIDING THAT UNDERINSURED MOTORIST BENEFITS, RATHER THAN BENEFITS MERELY, PAID PURSUANT TO THIS SECTION ARE SUBJECT, RATHER THAN "ARE NOT SUBJECT", TO SUBROGATION AND ASSIGNMENT, AND ADDING PROVISIONS, INCLUDING PROVIDING THAT AN INSURED ENTITLED TO BENEFITS UNDER AN UNINSURED MOTORIST PROVISION IS NOT ENTITLED TO BENEFITS UNDER AN UNDERINSURED MOTORIST PROVISION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-355 SO AS TO PROVIDE THAT IN A CLAIM OR ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF THE OWNERSHIP, OPERATION, USE, OR MAINTENANCE OF A MOTOR VEHICLE, THE COURT SHALL ADMIT INTO EVIDENCE THE TOTAL AMOUNT PAID TO THE CLAIMANT FROM COLLATERAL SOURCES AND SHALL INSTRUCT THE JURY TO DEDUCT FROM ITS VERDICT THE VALUE OF ALL BENEFITS RECEIVED BY THE CLAIMANT FOR COLLATERAL SOURCES, DEFINE "COLLATERAL SOURCES", AND PROVIDE THAT NO CLAIMANT MAY MAKE CLAIM OR DEMAND, NO COURT MAY ORDER PAYMENT, AND NO INSURER MAY PAY BY WAY OF SETTLEMENT, COVENANT NOT TO SUE, OR TRUST OR LOAN AGREEMENT FOR AN ITEM OF DAMAGES TO THE EXTENT THAT THE CLAIMANT HAS ALREADY RECEIVED, OR WILL RECEIVE, REIMBURSEMENT FOR THAT ITEM AS A RESULT OF A COLLATERAL SOURCE PAYMENT.
Referred to Committee on Labor, Commerce and Industry.
H. 4536 -- Rep. Rudnick: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO REQUIRE THE EXEMPTION AMOUNT TO BE ADJUSTED ANNUALLY TO OFFSET INCREASES IN THE CONSUMER PRICE INDEX AND TO PRESCRIBE THE PROCEDURE FOR MAKING THE ADJUSTMENT.
Referred to Committee on Ways and Means.
H. 4537 -- Rep. Corning: A BILL TO PROHIBIT A PUBLIC SERVICE DISTRICT FROM CHARGING A PERSON WITHIN ITS TERRITORIAL LIMITS OR SERVICE AREA FOR SEWER SERVICE IF THE PERSON IS ACTUALLY RECEIVING SEWER SERVICE FROM A MUNICIPALITY AND BEING CHARGED FOR IT BY THE MUNICIPALITY.
Referred to Committee on Judiciary.
S. 808 -- Senator Wilson: A BILL TO AMEND SECTION 7-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE COMMITTEES OF POLITICAL PARTIES, SO AS TO PROVIDE THAT IN THE CASE OF THE REPUBLICAN AND DEMOCRATIC STATE COMMITTEES, THE PRESIDENTS OF THE SOUTH CAROLINA FEDERATION OF REPUBLICAN WOMEN AND THE SOUTH CAROLINA FEDERATION OF DEMOCRATIC WOMEN ARE EX OFFICIO MEMBERS OF THEIR RESPECTIVE STATE COMMITTEES.
Referred to Committee on Judiciary.
S. 1034 -- Senators Waddell, Martschink, McConnell and Passailaigue: A JOINT RESOLUTION EXTENDING THE TIME FOR APPEALS OF ASSESSED VALUE APPLICABLE IN TAXABLE YEAR 1990 OF REAL PROPERTY DAMAGED BY HURRICANE HUGO.
Referred to Committee on Ways and Means.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Bruce Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Faber Fair Farr Felder Ferguson Foster Gordon Gregory Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Taylor Townsend Tucker Vaughn Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on January 31, 1990.
Ennis M. Fant David C. Waldrop Alex Harvin Paul M. Burch Thomas E. Huff Robert B. Brown Mickey Burriss Rick Quinn George H. Bailey Larry Gentry
LEAVE OF ABSENCE
The SPEAKER granted Rep. WAITES a leave of absence for the day due to a court subpoena.
Rep. FARR, from the Union Delegation, submitted a favorable report on:
H. 4181 -- Rep. Farr: A BILL TO AUTHORIZE THE UNION COUNTY BOARD OF SCHOOL TRUSTEES TO CHARGE AND COLLECT MATRICULATION AND INCIDENTAL FEES.
On motion of Rep. FARR, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 4181 -- Rep. Farr: A BILL TO AUTHORIZE THE UNION COUNTY BOARD OF SCHOOL TRUSTEES TO CHARGE AND COLLECT MATRICULATION AND INCIDENTAL FEES.
The Bill was read the second time and ordered to third reading.
Rep. JASKWHICH moved to reconsider the vote whereby S. 233 was given a second reading and the motion was noted.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 536 -- Senators Lourie, Nell W. Smith, Leventis, Giese, Land, Fielding, Mitchell, Horace C. Smith, Saleeby, Pope, Setzler, Hinson, J. Verne Smith, Courson, Drummond, Rose and Passailaigue: A BILL TO AMEND SECTION 8-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTIFICATION OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AND THE RECRUITMENT SECTION, DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE BUDGET AND CONTROL BOARD, OF JOB VACANCIES IN STATE GOVERNMENT OFFICES, AGENCIES, DEPARTMENTS, DIVISIONS, AND OTHER BRANCHES SO AS TO PROVIDE THAT NOTIFICATION OF VACANCIES IN CLASSIFIED POSITIONS MUST BE REPORTED AT LEAST SEVEN WORKING DAYS PRIOR TO HOLDING INTERVIEWS TO FILL THE POSITIONS AND TO FURTHER PROVIDE FOR THE INFORMATION WHICH MUST BE CONTAINED IN SUCH NOTIFICATION.
The motion of Rep. JASKWHICH to reconsider the vote whereby the following Bill was given a second reading was taken up and agreed to.
S. 233 -- Senators Leventis and Leatherman: A BILL TO AMEND TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND OTHER LIENS, BY ADDING CHAPTER 6 SO AS TO PROVIDE FOR TIMELY PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS AND TO PROVIDE FOR INTEREST ON LATE PAYMENTS.
Rep. WILKINS moved to adjourn debate upon the Bill until Tuesday, February 6, which was adopted.
At 2:20 P.M. the House attended in the Senate Chamber, where the following Acts were duly ratified.
(R335) S. 1059 -- Senator Leatherman: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE FLORENCE SYMPHONY ORCHESTRA.
(R336) H. 3901 -- Rep. Wilkins: AN ACT TO AMEND SECTION 56-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM DRIVERS' LICENSING REQUIREMENTS, SO AS TO PROVIDE THAT A CITIZEN OF FRANCE WHO IS AT LEAST EIGHTEEN YEARS OF AGE, WHO IS EMPLOYED IN SOUTH CAROLINA, AND WHO HAS A VALID DRIVER'S LICENSE ISSUED BY THAT NATION MAY DRIVE IN THIS STATE FOR FOUR YEARS.
At 2:25 P.M. the House resumed, the SPEAKER in the Chair.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 3441 -- Reps. Winstead and Holt: A BILL TO AMEND SECTION 29-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN FOR MATERIAL WHICH HAS BEEN REPAIRED OR STORED, SO AS TO REDUCE FROM SIXTY TO FIFTEEN DAYS THE PERIOD AFTER WHICH PROPERTY MAY BE SOLD AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR FAILURE TO PAY FOR THE STORAGE OR REPAIRS.
H. 4300 -- Rep. Limehouse: A BILL TO AMEND SECTION 56-5-5015, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN DEVICES ON MOTOR VEHICLES, SO AS TO INCREASE THE SIZE OF THE LABEL REQUIRED TO BE INSTALLED ON THE DEVICES FROM ONE AND ONE-HALF SQUARE INCH TO TWO SQUARE INCHES AND TO REQUIRE THE LABEL TO INCLUDE THE INSTALLER'S NAME, ADDRESS, AND TELEPHONE NUMBER INSTEAD OF THE MANUFACTURER'S NAME.
H. 4190 -- Reps. Foster and Harvin: A JOINT RESOLUTION TO PROVIDE THAT FOR THE 1989-90 SCHOOL YEAR, A TOTAL OF FIVE DAYS MAY BE EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED BECAUSE OF BAD WEATHER BE MADE UP FOR DAYS MISSED AS A RESULT OF HURRICANE "HUGO" AND TO PROVIDE THAT ADDITIONAL DAYS MAY BE EXEMPTED FOR SCHOOL SYSTEMS THAT WERE SEVERELY DAMAGED AND DISRUPTED.
Rep. WILKINS insisted upon the Special Orders of the Day.
The following Bill was taken up.
H. 4423 -- Judiciary Committee: A BILL TO AMEND SECTION 14-5-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE NUMBER OF CIRCUIT JUDGES TO BE ELECTED FOR THE STATE, SO AS TO AUTHORIZE CERTAIN ADDITIONAL RESIDENT AND AT-LARGE CIRCUIT JUDGES; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-215 SO AS TO PROVIDE THAT A JUDGE OR JUSTICE RETIRED FROM THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, OR FAMILY COURT OF THIS STATE MAY NOT BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN ANY CIRCUIT OR FAMILY COURT OF THIS STATE EXCEPT IN CASES OF AN EMERGENCY AS DETERMINED BY THE CHIEF JUSTICE OF THE SUPREME COURT AND TO PROVIDE FOR CERTAIN SCREENING OF THESE JUDGES AND JUSTICES IN ORDER TO SERVE IN THESE EMERGENCY SITUATIONS; TO AMEND SECTION 9-8-120, RELATING TO THE AUTHORIZATION FOR JUSTICES OR JUDGES WHO ARE RETIRED UNDER THE JUDICIAL RETIREMENT SYSTEM TO PERFORM JUDICIAL DUTIES IN CERTAIN COURTS, SO AS TO CONFORM THE PROVISIONS OF THIS SECTION TO THE LIMITATIONS CONTAINED IN SECTION 14-1-215; AND TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-216 SO AS TO PROVIDE THAT NO ACTIVE FAMILY COURT JUDGE MAY BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN THE CIRCUIT COURT.
Rep. WILKINS explained the Bill.
Reps. BAXLEY and RUDNICK proposed the following Amendment No. 1 (Doc. No. 0251X), which was tabled.
Amend the bill, as and if amended, by striking lines 26-45 on page 3 and lines 1-4 on page 4 and inserting:
/"Section 14-1-215. A retired judge or justice from the Supreme Court, Court of Appeals, circuit court, or family court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any appellate, circuit, or family court of this State.
In order to be eligible to be assigned by the Chief Justice to serve in such capacity, any retired justice or judge of this State must be screened in the manner provided in Section 2-19-10 and found by the committee to be qualified to serve in these situations. Screening for retired justices of the Supreme Court of this State must be held every ten years on the anniversary date of the justice's retirement. Screening for retired judges of the Court of Appeals, circuit court, and family court of this State must be held every six years on the anniversary date of the judge's retirement."/
Amend title to conform.
Rep. BAXLEY explained the amendment.
Rep. WILKINS spoke against the amendment.
Rep. BAXLEY spoke in favor of the amendment.
Rep. WILKINS moved to table the amendment.
Rep. BLACKWELL 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. Beasley Bennett Blanding Boan Brown, G. Burch Carnell Chamblee Clyborne Cole Cooper Elliott Faber Fant Felder Foster Gentry Glover Gregory Harris, P. Harvin Harwell Haskins Hayes Hendricks Hodges Holt Huff Johnson, J.W. Kay Keegan Keesley Limehouse Mappus Martin, D. Martin, L. Mattos McAbee McCain McEachin McElveen McLeod Nesbitt Nettles Rama Rhoad Rogers, T. Sheheen Short Snow Stoddard Sturkie Taylor Townsend Tucker Waldrop Washington Whipper White Wilder Wilkins Williams, D. Williams, J. Winstead Wofford
Those who voted in the negative are:
Baker Barfield Baxley Blackwell Brown, H. Brown, J. Bruce Burriss, M.D. Burriss, T.M. Corbett Cork Corning Davenport Farr Hallman Harrison Jaskwhich Kinon Kirsh Klapman Koon Lanford Littlejohn Manly McGinnis McKay McTeer Moss Neilson Phillips Rudnick Sharpe Simpson Smith Vaughn Wells Wilkes Wright
So, the amendment was tabled.
Reps. BAXLEY and RUDNICK proposed the following Amendment No. 2 (Doc. No. 0088X), which was tabled.
Amend the bill, as and if amended, by deleting in its entirety SECTION 4, which comes under PART III of the bill.
Renumber SECTIONS and PARTS to conform.
Amend title to conform.
Rep. BAXLEY explained the amendment.
Rep. WILKINS moved to table the amendment which was agreed to by a division vote of 67 to 21.
Reps. WILKINS and SHEHEEN proposed the following Amendment No. 5 (Doc. No. 05720), which was adopted.
Amend the bill, as and if amended, by striking SECTION 5 and inserting:
/SECTION 5. This act takes effect April 1, 1991, except that upon approval of this act by the Governor, the joint committee to review judicial candidates established pursuant to Chapter 19 of Title 2 of the 1976 Code may begin screening candidates for the additional circuit judgeships authorized by this act and the General Assembly may elect these circuit judges, who shall take office on April 1, 1991./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
I was detained, and unable to make the first part of today's Session. I was attending a Supreme Court Hearing dealing with the recent Columbia Annexation of part of my District.
Rep. RICHARD M. QUINN, JR.
Rep. KIRSH proposed the following Amendment No. 6 (Doc. No. 0343X), which was tabled.
Amend the bill, as and if amended, at the bottom of p. 4, by adding a new SECTION, appropriately numbered, as follows:
/SECTION ___. All persons elected to judgeships created in 1990 and thereafter may be members only of the South Carolina Retirement System, as governed by Chapter 1, Title 9 of the 1976 Code, and of no other retirement system in this State. These persons are subject to all of the provisions of that chapter, including regulations promulgated pursuant to it, for retirement benefits and all related matters.
All persons elected for the first time to the office of solicitor, in 1990 and thereafter, may be members only of the South Carolina Retirement System, as governed by Chapter 1, Title 9, and of no other retirement system in this State. These persons are subject to all of the provisions of that chapter, including regulations promulgated pursuant to it, for retirement benefits and all related matters./
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. J. ROGERS spoke against the amendment.
Rep. WILKINS moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M. O. Altman Bailey, J. Bailey, K. Baxley Beasley Boan Brown, G. Brown, H. Brown, J. Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cork Corning Elliott Faber Fant Felder Ferguson Foster Gentry Glover Gregory Harris, P. Harrison Harvin Harwell Haskins Hayes Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keesley Keyserling Kinon Limehouse Martin, D. McAbee McBride McCain McElveen McKay McTeer Neilson Nettles Rhoad Rogers, J. Rudnick Sheheen Short Smith Snow Stoddard Tucker Washington Whipper White Wilder Wilkes Wilkins Williams, J. Winstead
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Baker Barfield Blackwell Blanding Bruce Burriss, T.M. Cooper Corbett Davenport Derrick Fair Farr Hallman Hendricks Holt Keegan Kirsh Klapman Kohn Koon Lanford Littlejohn Manly Mappus Martin, L. McGinnis McLeod Moss Nesbitt Phillips Quinn Rama Sharpe Simpson Sturkie Vaughn Wells Wofford Wright
So, the amendment was tabled.
Rep. KOHN proposed the following Amendment No. 7 (Doc. No. 328X), which was tabled.
Amend the bill, as and if amended, by adding a new Section to Part IV appropriately numbered to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 2-19-75. No candidate, including an incumbent, for a family court, circuit court, Court of Appeals, or Supreme Court judgeship, may campaign, directly or indirectly, among or lobby members of the General Assembly for election or reelection until the qualifications of all candidates for that office have been determined by the screening committee.
The screening committee may consider a violation of the provisions of this section by a candidate in determining his qualifications."/
Renumber sections to conform.
Amend title to conform.
Rep. KOHN explained the amendment.
Rep. HAYES spoke against the amendment.
Rep. WILKINS moved to table the amendment.
Rep. KOHN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, J. Barfield Baxley Boan Brown, G. Burch Carnell Clyborne Cole Elliott Fant Felder Ferguson Foster Gentry Glover Gregory Harris, P. Harrison Harwell Hayes Hodges Huff Johnson, J.C. Johnson, J.W. Kay Keesley Kinon Martin, D. Martin, L. McAbee McEachin McElveen McLeod McTeer Nesbitt Nettles Rhoad Rogers, T. Rudnick Sheheen Short Smith Snow Stoddard Tucker Washington Wilder Wilkes Wilkins Williams, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Baker Beasley Blackwell Blanding Brown, H. Bruce Burriss, M.D. Chamblee Cooper Corbett Cork Corning Davenport Derrick Hallman Harvin Haskins Hendricks Holt Jaskwhich Keegan Keyserling Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Mappus Mattos McCain McGinnis McKay Neilson Phillips Quinn Rama Rogers, J. Simpson Sturkie Vaughn Wells Whipper Winstead Wofford Wright
So, the amendment was tabled.
Reps. M.O. ALEXANDER, T.C. ALEXANDER, DAVENPORT, BLACKWELL and CORBETT proposed the following Amendment No. 9 (Doc. No. 308X), which was ruled out of order.
Amend the bill, as and if amended, by adding a new Section to Part IV appropriately numbered to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 2-19-70. No candidate, including an incumbent, for a family court, circuit court, Court of Appeals, or Supreme Court judgeship, may campaign, directly or indirectly, among or lobby members of the General Assembly for election or reelection until the qualifications of all candidates for that office have been determined by the screening committee.
The screening committee may consider a violation of the provisions of this section by a candidate in determining his qualifications."/
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS raised the Point of Order that Amendment No. 9 was out of order as it was identical to Amendment No. 7 which the House had previously tabled.
The SPEAKER sustained the Point of Order.
Reps. M.O. ALEXANDER, CORBETT, T.C. ALEXANDER, DAVENPORT and BLACKWELL proposed the following Amendment No. 10 (Doc. No. 315X).
Amend the bill, as and if amended, by adding a new Section to Part IV appropriately numbered to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 2-19-80. Where the screening committee finds a candidate for a family court, circuit court, Court of Appeals, or Supreme Court judgeship not qualified for the office sought or an incumbent for that judgeship withdraws before the election after filing, the election for that office may not be held until additional candidates, if any, for a period of ten days have been given an opportunity to file notice of intention to seek the office pursuant to Section 2-19-20, hearings on these candidates, if necessary, have been conducted pursuant to Section 2-19-30, and the screening committee has rendered its report concerning these additional candidates."/
Renumber sections to conform.
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. DAVENPORT proposed the following Amendment No. 11, which was tabled.
Amend the bill, as and if amended by striking the last paragraph of Section 14-5-610, as contained in Section 1 and inserting:
/In addition to the above judges authorized by this Section, there must be six additional Circuit Judges elected by the General Assembly from the state at large for terms of office of six years. Four additional judges must be elected from the state at large in the next general election by the public.
The additional judges provided for in the paragraph above and all judges in the future must be elected from the circuit's they represent by the public. Each office of the at-large judges is a separate office and is assigned numerical designations of Seat No. 1 through Seat No. 10.
Future elections shall be non-partisan and candidates shall pass judicial screening, as is now required by law.
Renumber sections to conform.
Amend title to conform.
Rep. DAVENPORT explained the amendment.
Rep. RUDNICK spoke in favor of the amendment.
Rep. FELDER 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 Barber Baxley Beasley Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Burch Burriss, M.D. Burriss, T.M. Carnell Clyborne Cole Cooper Corbett Cork Corning Derrick Elliott Faber Fant Felder Ferguson Foster Gentry Glover Gregory Harris, P. Harrison Harvin Harwell Haskins Hayes Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Kohn Limehouse Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McEachin McElveen McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rhoad Rogers, J. Sheheen Short Simpson Snow Stoddard Taylor Tucker White Wilder Wilkes Wilkins Williams, J. Winstead Wright
Those who voted in the negative are:
Baker Barfield Bruce Chamblee Davenport Hallman Holt Klapman Koon Lanford Littlejohn McGinnis Rama Rudnick Smith Sturkie Townsend Vaughn Wells Wofford
So, the amendment was tabled.
Rep. KOHN proposed the following Amendment No. 12 (Doc. No. 328X), which was tabled.
Amend the bill, as and if amended, by adding a new Section to Part IV appropriately numbered to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 2-19-75. No person, including an incumbent, for a family court, circuit court, Court of Appeals, or Supreme Court judgeship, may campaign, directly or indirectly, among or lobby members of the General Assembly for election or reelection until the qualifications of all candidates for that office have been determined by the screening committee.
The screening committee may consider a violation of the provisions of this section by a candidate in determining his qualifications."/
Renumber sections to conform.
Amend title to conform.
Rep. KOHN explained the amendment.
Rep. WILKINS spoke against the amendment.
Rep. HAYES moved to table the amendment.
Rep. KOHN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, K. Barfield Beasley Bennett Blanding Boan Brown, G. Brown, H. Burch Carnell Clyborne Cole Cooper Cork Corning Elliott Faber Fair Fant Felder Ferguson Foster Glover Gregory Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Kay Keesley Keyserling Martin, D. Martin, L. McAbee McBride McEachin McKay McLellan McLeod McTeer Nesbitt Nettles Rhoad Rogers, T. Rudnick Sheheen Short Simpson Smith Snow Stoddard Townsend Tucker Waldrop Washington Whipper Wilder Wilkes Wilkins Williams, J. Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barber Baxley Blackwell Bruce Burriss, T.M. Chamblee Corbett Davenport Derrick Farr Gentry Hallman Harvin Jaskwhich Keegan Kirsh Klapman Kohn Koon Limehouse Littlejohn Manly Mappus Mattos McElveen McGinnis Moss Neilson Phillips Quinn Rama Rogers, J. Sturkie Taylor Vaughn Wells Wofford Wright
So, the amendment was tabled.
Reps. BOAN, KIRSH, BLANDING, McKAY, MATTOS, McABEE, CARNELL, McCAIN, WINSTEAD, H. BROWN, HOLT and J. BAILEY proposed the following Amendment No. 13 (Doc. No. 0356X), which was tabled.
Amend the bill, as and if amended, p. 5, by striking the first paragraph SECTION 5 (the effective clause) and inserting:
/SECTION 5. This act takes effect upon approval by the Governor, except that all funding necessary to give effect to any of the provisions of this act must be delayed until July 1, 1991./
Amend title to conform.
Rep. BOAN explained the amendment.
Rep. WILKINS spoke against the amendment and moved to table the amendment.
Rep. BOAN 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 Barber Baxley Beasley Bennett Brown, H. Burch Burriss, M.D. Clyborne Cole Cork Corning Elliott Faber Fair Fant Felder Ferguson Foster Gentry Glover Gregory Harris, P. Harrison Harvin Harwell Haskins Hayes Hendricks Hodges Huff Johnson, J.W. Keegan Keesley Keyserling Kohn Martin, D. Martin, L. McBride McElveen McKay McTeer Moss Nettles Rhoad Rogers, J. Sheheen Short Snow Stoddard Tucker Waldrop Washington Whipper White Wilder Wilkins Williams, J.
Those who voted in the negative are:
Bailey, G. Bailey, J. Bailey, K. Baker Barfield Blackwell Blanding Boan Bruce Burriss, T.M. Carnell Chamblee Cooper Corbett Davenport Derrick Jaskwhich Johnson, J.C. Kay Kirsh Klapman Koon Littlejohn Manly Mappus Mattos McAbee McCain McEachin McGinnis Neilson Nesbitt Phillips Quinn Rama Rogers, T. Rudnick Sharpe Simpson Smith Sturkie Taylor Townsend Vaughn Wells Wilkes Winstead Wofford Wright
So, the amendment was tabled.
Reps. M.O. ALEXANDER and BLACKWELL proposed the following Amendment No. 14 (Doc. No. 0585o), which was tabled.
Amend the bill, as and if amended, by adding a new Section to Part IV appropriately numbered to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 2-19-80. Where the screening committee finds a candidate for a family court, circuit court, Court of Appeals, or Supreme Court judgeship not qualified for the office sought or an incumbent for that judgeship withdraws before the election after filing and only one candidate remains for that office who is found qualified, the election for that office may not be held until additional candidates, if any, for a period of ten days have been given an opportunity to file notice of intention to seek the office pursuant to Section 2-19-20, hearings on these candidates, if necessary, have been conducted pursuant to Section 2-19-30, and the screening committee has rendered its report concerning these additional candidates."/
Renumber sections to conform.
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
Rep. WILKINS spoke against the amendment and moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 10, by Rep. M.O. ALEXANDER.
Rep. WILKINS moved to table the amendment, which was agreed to.
Rep. DAVENPORT moved that the House do now adjourn.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Boan Davenport Kay Kirsh Townsend Vaughn
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, K. Baker Baxley Beasley Bennett Blackwell Blanding Brown, G. Bruce Burch Burriss, T.M. Chamblee Clyborne Cole Cooper Corbett Cork Corning Derrick Elliott Faber Felder Gentry Gregory Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hayes Hendricks Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keesley Keyserling Kinon Klapman Koon Mappus Martin, D. Martin, L. McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Nesbitt Nettles Rama Rogers, J. Rudnick Sheheen Short Simpson Smith Snow Taylor Tucker Waldrop Whipper White Wilder Wilkins Williams, J. Winstead Wright
So, the House refused to adjourn.
Reps. KLAPMAN and BAXLEY spoke against the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. KIRSH 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 Beasley Bennett Blackwell Blanding Brown, G. Brown, J. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Derrick Elliott Faber Fant Farr Felder Ferguson Foster Gentry Glover Gregory Harris, P. Harrison Harvin Harwell Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Keyserling Kinon Kohn Koon Limehouse Martin, D. Martin, L. Mattos McBride McEachin McElveen McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Rama Rhoad Rogers, J. Rogers, T. Sheheen Short Snow Stoddard Taylor Tucker Waldrop Washington Whipper White Wilder Wilkins Williams, J. Winstead
Those who voted in the negative are:
Baxley Boan Brown, H. Bruce Davenport Fair Hallman Kay Kirsh Klapman Littlejohn Manly Mappus McAbee McCain McGinnis Quinn Rudnick Sharpe Simpson Smith Townsend Vaughn Wells Wilkes Wofford Wright
So, the Bill, as amended, was read the second time and ordered to third reading.
I abstain from voting on H. 4423.
Rep. JEAN HARRIS
I vote no on the Bill H. 4423 with grave reluctance.
I feel very strongly that additional Circuit Court Judges are needed but I am concerned this request comes at a time when our State is in extreme financial difficulty.
We have many State Budget problems.
Many of our agencies such as Education, DSS, prisons and crippled children may not be fully funded due to the costs Hugo has presented to us.
These areas to me are much more necessary than 9 additional judges at this time. I support the need for some additional judges but feel this is not the right time to place such a costly burden on our State.
Rep. SANDRA S. WOFFORD
Rep. WALDROP moved that the House do now adjourn.
Rep. KEEGAN 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. KEYSERLING moved that the House recur to the morning hour, which was agreed to.
The Senate sent to the House the following:
S. 1184 -- Senator Setzler: A CONCURRENT RESOLUTION TO RECOGNIZE CHIEF VERNON BOATWRIGHT OF WEST COLUMBIA FOR HIS LONG AND DISTINGUISHED SERVICE WITH THE WEST COLUMBIA POLICE DEPARTMENT AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4538 -- Reps. Harvin and Gordon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-5-130 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY ANNUALLY SHALL SUPPLEMENT THE SALARY OF CORONERS IN THE AMOUNT OF ONE THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND TO REQUIRE THE SUPPLEMENT TO BE INCREASED AT THE SAME TIME AND IN THE SAME AMOUNT AS THE SUPPLEMENT TO SHERIFFS IS INCREASED.
Referred to the Committee on Ways and Means.
H. 4539 -- Rep. J. Bailey: A BILL TO AMEND SECTION 61-13-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL DRINKING ON THE PREMISES OF CERTAIN ALCOHOLIC LIQUOR ESTABLISHMENTS, SO AS TO PROVIDE A PENALTY FOR VIOLATION.
Referred to the Committee on Judiciary.
H. 4540 -- Reps. P. Harris, Harwell, Kinon and Tucker: A BILL TO AMEND SECTION 25-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE DIRECTOR OF VETERANS AFFAIRS, SO AS TO ALLOW THE VETERANS OF FOREIGN WARS AND THE DISABLED AMERICAN VETERANS, ALONG WITH THE AMERICAN LEGION, TO MAKE A RECOMMENDATION TO THE GOVERNOR FOR A DIRECTOR.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4541 -- Reps. McLeod and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-250 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE UNIFORM PRICE STANDARDS FOR THE PURCHASE OF QUALIFYING ITEMS UNDER THE SUPPLEMENTAL FOOD PROGRAM FOR WOMEN, INFANTS, AND CHILDREN.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4542 -- Reps. Keyserling, Sturkie, Sharpe, Littlejohn, Whipper, Huff, Holt, T. Rogers, Keegan, Neilson, Sheheen, J.C. Johnson, Winstead, J.W. Johnson, Moss, Corning, Rudnick, Fant, Barber, Altman, T.C. Alexander, McKay, Kay, Keesley, Hendricks, McTeer, Baxley, Nesbitt, Short, Cooper, Gregory, Wells, McLeod, McElveen, J. Harris, Cork, Wilkes, J. Bailey, D. Martin, McGinnis, Kinon, Farr, Kirsh, Hodges, Gentry, Bruce, Phillips, Townsend, Nettles, Burch, Elliott, Corbett, Vaughn, Tucker, Lanford, Mappus, J. Brown, Washington, Manly, Jaskwhich, Wright, Chamblee, Simpson, J. Rogers, Fair, L. Martin, Wilder, Boan, McEachin, Smith and Snow: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND SECTION 16-11-700, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; AND TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT.
Referred to Committee on Agriculture and Natural Resources.
H. 4543 -- Reps. Wright, Koon, Keyserling, Littlejohn, G. Brown, Hallman, Sturkie, Quinn, Faber, Farr, Rama, Cole, Harvin, Smith, Gregory, McElveen, Carnell, Altman, Cooper, J. Rogers, Whipper, Felder, Nesbitt, Moss, Keesley, Mappus, McBride, Stoddard, Corning, Huff, G. Bailey, Ferguson, Wells, Bruce and Corbett: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM TAXABLE INCOME, SO AS TO PROVIDE A DEDUCTION FOR ATTORNEY FEES AND COURT COSTS INVOLVED IN THE ADOPTION OF A CHILD.
Referred to Committee on Ways and Means.
S. 667 -- Senators Martschink, Wilson, Shealy and Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-70 SO AS TO PROVIDE FOR THE ISSUANCE OF A DISTINGUISHING DECAL TO INDICATE THAT THE PERSON IN CONTROL OF A MOTOR VEHICLE CONSENTS TO ITS SEARCH FOR ILLEGAL DRUGS AND PROVIDE FOR THE SEARCH.
Referred to Committee on Judiciary.
S. 1151 -- Senators Waddell and Lindsay: A BILL TO AMEND SECTION 38-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETALIATORY TAXES, PENALTIES, INTEREST, AND FEES BY OTHER STATES ON INSURANCE COMPANIES CHARTERED BY THIS STATE DOING BUSINESS IN THOSE STATES, SO AS TO DELETE LANGUAGE RELATING TO WHAT THE APPLICATION OF THIS SECTION IS BASED, TO CHANGE THE MANNER IN WHICH THIS SECTION IS APPLIED, AND PROVIDE THAT THIS SECTION IS EFFECTIVE FOR ALL INSURANCE PREMIUMS COLLECTED AFTER DECEMBER 31, 1989, AND TO ALL INSURANCE PREMIUM TAX RATES FILED BEGINNING WITH QUARTERLY RETURNS DUE SEPTEMBER 1, 1990, AND QUARTERLY AND ANNUAL RETURNS FILED AFTER THAT TIME.
Referred to Committee on Ways and Means.
S. 1152 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION OF AN INSURER, SO AS TO PROVIDE FOR THE CHIEF INSURANCE COMMISSIONER'S AND EXAMINER'S ACCESS TO THE INSURER'S RECORDS INSTEAD OF ITS PAPERS AND TO ALLOW THE COMMISSIONER TO REQUIRE THE INSURER TO FURNISH THE ORIGINAL BOOKS AND RECORDS.
Referred to Committee on Labor, Commerce and Industry.
S. 1155 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO INSURANCE, SO AS TO REVISE THE DEFINITION OF LIFE INSURANCE.
Referred to Committee on Labor, Commerce and Industry.
S. 1156 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-5-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL REQUIREMENTS BEFORE A CERTIFICATE OR LICENSE MAY BE GRANTED TO A DOMESTIC INSURER, SO AS TO REQUIRE ALL ORIGINAL BOOKS AND RECORDS OF THE INSURER TO BE LOCATED AND MAINTAINED IN SOUTH CAROLINA.
Referred to Committee on Labor, Commerce and Industry.
The following was received from the Senate.
Columbia, S.C., January 31, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3659:
H. 3659 -- Reps. Waites, Faber, McBride, Whipper, Farr, Jaskwhich, Manly, Barber, Davenport, Ferguson, McLeod, Taylor, M.O. Alexander, J. Bailey, Rhoad, Washington, McKay, Felder, Neilson, Glover, Moss, T.C. Alexander, Quinn, Burch, Wilder, Vaughn, R. Brown, Elliott, T. Rogers, Cole, Littlejohn, Phillips, Foster, Snow, Altman and J. Rogers: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY HOMELESSNESS IN THIS STATE, AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE TASK FORCE.
and asks for a Committee of Conference and has appointed Senators Courson, Lourie and Mitchell of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 69
Whereupon, the Chair appointed Reps. WAITES, WHIPPER and NEILSON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. SNOW moved that the House do now adjourn, which was adopted.
At 4:25 P.M. the House in accordance with the motion of Rep. SNOW adjourned to meet at 10:00 A.M. tomorrow.
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